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HomeMy WebLinkAboutMinutes_Special Master_06/26/2018 SPECIAL MAGISTRATE June 26, 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, Building Director Jose Rodriguez, 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 six people involved in Quasi-Judicial cases. The cases began with Fine Assessment Hearings number four (Case Number 180092) and were heard in an order different from that on the agenda. REPEAT VIOLATION HEARINGS There were none. VIOLATION HEARINGS 4. Case Number: E180092 David Hurtgen 92 Fairview West Tequesta, FL 33469 PCN: 604240-26-01-000-5560 Legal Description: TEQUESTA LT 556 Chapter 14 Article VI Section 14-155 Mechanical Permits After discussion about the timing of the start of some air conditioning work, application for a permit for the work, issuance of the permit, timing of compliance, and an objection by the homeowner of two photos that were "not my house", this case was dismissed. 3. Case Number: E180083 Mark Figurski and Mera Margaret 325 Fairway North Tequesta, FL 33469 PCN: 60-4240-26-01-000-2700 Legal Description: TEQUESTA LT 270 Chapter 46 Article III Section 46-74 Parking of certain vehicles and recreational vehicles in the RI-A district IPMC 303.2 Protective Treatment Minutes— Special Magistrate 06/26/2018 Page 2 Findings of Fact were that the R�spondents were the owners of the above-described property. The Respondents were represented at the hearing by Margaret Mera and John Biodock, Tenant; there was alsa a finding of proper notice. Based upon the evidence, pictures and testimony presented at the hearing on June 26, 2018, the Special Magistrate found that the property remained in violation of �ections 46-74 and 303.2 of the IPMC per Section 14-121 of the Code of Ordinances of the Village. Conclusions o# Law were that the above-stated facts constitute a continuing violation of 303.2 of the IPMC per Sectian 14-121 of the Cade of Ordinances of the Village af Tequesta. The Specia! Magistrate Ordered that this matter be reset. The Respondent was given natice to appear at the Status/Fine Assessment Hearing, which was to be held on the 24st day of July 2018 at 1 Q:00 a.m. at Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469 unless the Code Enforcement Officer certifies that the Respondent had timely brought the properiy into compliance. FINE ASSESSMENT/STATUS HEARINGS 1. Gase Number: E184Q50 Donald Blauvelt 83 Golfview Road Tequesta, FL 33469 IPMC 302.7 Accessory Structures I PMC 3{32.7.1 Gates IPMC 302.72 Swimming Pools IPMC 303.2 Protective Treatment IPIUIC 3p5.1 Accumulation of rubbish and garbage IPMC 342.8 Motor Vehicles PCN: 60-4240-26-01-000-3450 Legal Description: TEQUE�TA LT 345 Findings of Fact were that the Respondent was the owner of the above-described property. The Respondent was not present at the hearing; however, there was a finding of proper notice. By the `°Order Finding Vioiation and Permitting Village Abatement" dated May 23, 2018, the Special Magistrate ordered the Respondent to comply with Sections 303.2, 305.1, and 302.8 of the IPMC per Section 14-121 of the Cade of Ordinances of the Village af Tequesta on or befare June 25, 2018. The Special Magistrate further ordered that the Village may immediately abate the violatian 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. Minutes—Special Magistrate 06126l2018 Page 3 Based upon evid�nce presenteti �,t the June 26, �418 Special Magistrate Hearing, the Special Magistr�t� faund that th� property remain�e� in violation caf �ections 302.7, 3q2.7.1, 302.7.�, 3q3.2, 305.1 and 302.8 of the I PMt� per Section 14-�I�1 of the Code af Ordinances of th� Village of Tequ��ta and such violation of Section 30,�.7.2 represented a continued serious threat to the health, safiety and welfare afi the Village residents due the �ac�� ��ing nanfunct�c�r��� �nd unc4ver�d. Canclusions of Law were that th� above-stated facts constitute a continuing viofation of �ections 302.7, 3q2.7.1, 302.7.2, ;303.2, 305.1 and �02.8 of the IPM� per Section 14- 121 of the Code �f Clydinances of t�� Viflage of Tequ�sta. The Special Magistrate ordered that fihe Fine Assessment matter be continued. It wa� furthe� �rdered by t�e ���c�a1 Magistrate t��� the Village rr��� ir�nmediate��r a�ate �l�e violation �f Section �02.�.� �y t�king reas�n�ble actions concerning the nonfunctit�nal and uncovered pacal in order to a(I�uiate the dangercaus conditions that such pool issues may present ta surraunding area� pursuant to legisl�,tive authority grant�d ta the Village by Section 162.�9�, F/orida Statut��. Such abatem�nt action by the ViMlage shall in no way create a cor�tinuing obligatiar� or any present or future liability for any damage to fihe property that may result from such goc�d faith attempts to abate the vic�lations. Addi��c�r�al��, tt�e Villag� cr��y continue ta �.���e #he nuisa�ce �r� tl�e #uture w������� t�e pooi issu�s �gain viafate� �illag� Code as ��cumented in th� cc�de �nfiarcement files fior the property. The Village may alsa later reques# �. fine assessment hearing on this matter in order ta recaver the costs r�f these abatem�nt �ctivities by th� Village. The Respandent was ordered ta �ppear at the Fine Assessment Hearing, which will be held on the 24th day Qf July, 2418 at 1(}:QO a.m. at Village Hall Council Chambers, 345 Teque��� �rive, Teques��, F�4rida 334�9 �r���ss the Coc�e Er����cement {�ifice� c�rti�i�d that the R�spondenfi ha� timely braught the pr�perty into camp�i�nc�. VI4LATION HEARNNGS 2. Case Numb�r E180090 Angela V�c��ry 198 Golfvievv �rive Tequ�sta, FL 33465 P�N: 60-4240-26-Q1-(�00-3070 Le��,l Description: T�C�UESTA LT 307 Ch�pt�r 46 Article III Section 46-74 Parking af certain comm�rcial vehicles and recreational uehicl�s in the Fi- IA district. Findin�s �f F�ct were #hat Respondent was the c�wner of the a��ve-described prc�perty. Respondent was not present at the hearing; however, there was a finding of proper notice. Code Enforcement Offic�r Joe Petrick provid�d testimony and �vidence of the vialation, as conta:ined in the Vill��e's evidentiary ��se file, which w�s accepted into evidence. As af the hearing on Jun� 26, 2018, based on testimony pr�sented by the Minutes—Speciai Magistrate 0612612018 Pags 4 cade enforcement officer, the property was in compliance with Sectian 46-74, but had nat achieved compliance within the time specified in the Natice of Violatian. Conclusions of law were that the abave-stated facts canstituted a violation of Section 46-74 of the Cade of 4rdinances of the Village of Tequesta. The Special Magistrate ardered the Respandent to continue ta comply with Section 46- �4 of the Code ofi Ordinances of the Village of Tequesta. Respondent was assessed $196.44 for administrative costs incurred by the Village prior to June 26, 2018 hearing. Should the Respandent violate the same Section af the Code again, they may be subject ta a #ine of up to Five Hundred Dollars {$5QQ.44} per day for such repeat violation. Additionally, the Code Inspector was nat required to give a reasonable time ta 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 Speciai Magistrate hearing. 5. Case Number: E180061 Stanley Klett Jr. 92 River Drive Tequesta, FL 334�9 PCN: 604240-26-01-0004300 Legal Description: TEQUESTA LT 430 IPMG 3Q2.7 Accessary structures Findings of Fact wece that Respt�nder�t was the awner of the above-described property. The Respondent was not present at the hearing; however, there was a finding of proper notice. The Respondent made written request to the Village requesting continuance of the hearing due to Respondents unavailability for the June 26, 2018 hearing. The Special Magistrate ordered this matter continued to the July 24, 2018 agenda, to be heard at 10:00 am at the Village Hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 334fi9. FINE REDUCTION HEARINGS There were none. F4RCLOSURE AUTHORIZATIONS There were none. ADJOURNNIENT There being no further cases, the meeting was adjourned. Respectfully submitted, Minutes — Special Magistrate 06/26/2018 Page 5 Lori McWilliams, MMC Village Clerk ATTEST: — �=-- Code n rcement Officer APPROVED: ; - _____ /�/�; ,; � - —"�-� � �� —;��/ -.����s�, Sp cial M��'/trate Date Approved �'"