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HomeMy WebLinkAboutMinutes_Special Master_05/22/2018 . , SPECIAL MAGISTRATE May 22, 2018 HEARING � CALL TO ORDER AND ROLL CALL The hearing was called to order at 10:00 a.m. and the Pledge of Allegiance was led by Special Magistrate Kevin Wagner. Present were Special Magistrate Kevin Wagner, Code Enforcement Officer Joe Petrick, Code Enforcement Officer Dennis Rick and Village Attorney Amity Barnard. The following cases were heard by the Special Magistrate who swore in approximately five people involved in Quasi-Judicial cases. REPEAT VIOLATION HEARINGS There were none. FINE ASSESSMENT/STATUS HEARINGS 1. Case Number: E180057 Clifford and Dana Gilbert 109 Beechwood Trail Tequesta, FL 33469 Chapter 30 Article II Section 30-33; Prohibited Conditions PC N: 60-42-40-25-25-000-1340 Legal Description: TEQUESTA PINES LOT 134 This case was withdrawn. VIOLATION HEARINGS 2. Case Number: E180044 Randall Keller & Jacqueline Rohatensky 204 Fairway East Tequesta, FL 33469 Chapter 46 Article III Section 46-74; Parking of Certain commercial vehicles and recreational vehicles in the R1-A district PCN: 60-42-40-26-01-000-2290 Legal Description: TEQUESTA IN PB 25 PGS 7 TO 15 INC Findings of Fact were that The Respondents were the owners of the above-described property. The Respondents were not present at the hearing; however, there was a finding of proper notice. Code Enforcement Officer Dennis Rick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file, which was accepted into , � Minutes— Special Magistrate 05/22/2018 Page 2 evidence. As of the hearing on May 22, 2018, based on testimony presented by the code enforcement officer, the properry was in compliance with Section 46-74, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of Law were that the above-stated facts constituted a violation of Section 46-74 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate Ordered Respondents to continue to comply with Section 46-74 of the Code of Ordinances of the Village of Tequesta. Respondents were assessed $189.96 for administrative costs incurred by the Village prior to the May 22, 2018 hearing. Should the Respondents violate the same Section of the Code again, they may be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 3. Case Number: E180047 Donna and Michael McCarthy 16 Yacht Club Place Tequesta, FL 33469 Chapter 14 Article VI Section 14-152 Building Permits Chapter 14 Article II Section 14-31 Florida Building Code Adopted PC N: 60-42-40-26-02-000-6040 Legal Description: TEQUESTA REPL OF PT LT 604 Findings of Fact were that the Respondents were the owners of the above-described property. The Respondents were represented at the hearing by MICHAEL MCCARTHY; there was also a finding of proper notice. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file, which was accepted into evidence. As of the hearing on May 22, 2018, based on testimony presented by the code enforcement officer, the property was in compliance with Sections 14-152 and 14-31, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of Law were that the above-stated facts constituted a violation of Sections 14-152 and 14-31 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondents to continue to comply with Sections 14-152 and 14-31 of the Code of Ordinances of the Village of Tequesta. Respondents were assessed $188.46 for administrative costs incurred by the Village prior to the May 22, 2018 hearing. Should the Respondent violate the same Section of the Code again, they may be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable 1 Minutes—Special Magistrate 05/22/2018 Page 3 time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 4. Case Number: E180064 Dewitt Burlingame 310 Fairway N Tequesta, FL 33469 Chapter 46 Article III Section 46-74 Parking of certain commercial vehicles and recreational vehicles in the R-1 A district. PCN: 60-42-26-01-000-1200 Legal Description: TEQUESTA LT 120 Findings of Fact were that Respondent was the owner of the above-described property. Respondent was not present at the hearing; however, there was a finding of proper notice. Code Enforcement Officer Dennis Rick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file, which was accepted into evidence. As of the hearing on May 22, 2018, based on testimony presented by the code enforcement officer, the property was in compliance with Section 46-74, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of Law were that the above-stated facts constituted a violation of Section 46-74 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered the Respondent to continue to comply with Section 46- 74 of the Code of Ordinances of the Village of Tequesta. Respondent was assessed $189.46 for administrative costs incurred by the Village prior to the May 22, 2018 hearing. Should Respondent violate the same Section of the Code again, they may be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 5. Case Number E170128 John Krueger and Ann Vandersteel 3 Eastwinds Circle Tequesta, FL 33469 Chapter 10 Article I Section 10-8 Animals Creating a Nuisance PC N: 60-42-40-25-40-000-0100 Legal Description: EASTWINDS LANDING LT 10 This case was tabled for presentation of evidence from either The Village or the complainant. � Minutes— Special Magistrate 05/22/2018 Page 4 6. Case Number: E180078 Ivilie Defaut 327 Pineview Road Tequesta, FL 33469 Chapter 14 Article VI Section 14-152 Building Permits Chapter 14 Article II Section 14-31 Florida Building Code Adopted Chapter 14 Article II Section 14-32 Local amendments to Chapter 1 Administration of the Florida Building Code PC N: 60-43-40-30-04-037-0090 Legal Description: JUPITER IN THE PINES SEC D LOT 9 BLK 37 Findings of Fact were that Respondent was the owner of the above-described property. Respondent was represented at the hearing by her daughter Brenda Nauser; there was also a finding of proper notice. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file, which was accepted into evidence. As of the hearing on May 22, 2018, based on testimony presented by the code enforcement officer, the property was in compliance with Sections 14-152, 14-31 and 14-32, but had not achieved compliance within the time specified in the Notice of Violation. Conclusions of Law were that the above-stated facts constituted a violation of Sections 14-152, 14-31 and 14-32 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that the Respondent continue to comply with Sections 14-152, 14-31 and 14-32 of the Code of Ordinances of the Village of Tequesta. Respondent was assessed $193.46 for administrative costs incurred by the Village prior to the May 22, 2018 hearing. Should Respondent violate the same Section of the Code again, they may be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation had been corrected prior to the Special Magistrate hearing. 7. Case Number: E180050 Donald Blauvelt 83 Golfview Drive Tequesta, FL 33469 IPMC 302.7 Accessory Structures IPMC 302.7.1 Gates IPMC 302.7.2 Swimming Pools IPMC 303.2 Protective Treatment IPMC 305.1 Accumulation of rubbish and garbage IPMC 302.8 Motor Vehicles PCN: 60-42-40-26-01-000-3450 Minutes— Special Magistrate 05/22/2018 Page 5 Legal Description: TEQUESTA LT 345 Findings of Fact were that The Respondent was the owner of the above-described property. The Respondent was present at the hearing; there was also a finding of proper notice. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file, which was accepted into evidence. As of the hearing on May 22, 2018, based on testimony presented by the code enforcement officer, the property was not in compliance with of Sections 302.7, 302.7.1, 302.7.2, 303.2, 305.1 and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta, and such violation of Sections 302.7, 302.7.1, 302.7.2, and 305.1 represented a serious threat to the health, safety, and welfare of the Village residents due to the downed fence and accumulation of vegetation and debris beneath said fence, as well as the pool being exposed with unobstructed access. Conclusions of Law were that the above-stated facts constituted a continuing violation of Sections 302.7, 302.7.1, 302.7.2, 303.2, 305.1 and 302.8 of the I PMC per Section 14- 121 of the Code of Ordinances of the Village of Tequesta. The Special Magistrate ordered that The Village may immediately abate the violation by taking reasonable actions to secure the pool and obstruct access thereto, secure the fence, and remove the accumulation of vegetation and debris beneath the downed fence, pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement would not create any liability against the Village for any damages to the property as a result of such good faith repairs or actions. The Village may also later request additional fines in order to recover the costs of these abatement activities by the Village. The Respondent was hereby ordered to continue to comply with Sections 302.7, 302.7.1, 302.7.2, and 305.1 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta once abatement had been accomplished. The Respondent was hereby ordered to comply with Sections 303.2, 305.1, and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta on or before June 25, 2018. If the Respondent failed to achieve compliance on or before June 25, 2018, a daily fine of Twenty-Five Dollars ($25.00) per day may be imposed for each day the violation continued to exist. Respondent also was assessed $200.46 for administrative costs incurred by the Village prior to the May 22, 2018 hearing. The Special Magistrate also ordered that the respondent appear at the Fine Assessment Hearing, on June 26, 2018 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certified that Respondent had timely brought the property into compliance. Should Respondent violate the same Section of the Code again, they may be subject to a fine of up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector was not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing. Minutes—Special Magistrate 05/22/2018 Page 6 FINE REDUCTION HEARINGS There were none. FORCLOSURE AUTHORIZATIONS There were none. ADJOURNMENT There being no further cases, the meeting was adjourned. Respectfully submitted, �l�-�Y��Q.L(�- Lori McWilliams, MMC Village Clerk ATTEST: Code Enforcemen icer APPROVED: � �— � � � ��1 I � � b Sp�cial Ny �trat Date Approved