HomeMy WebLinkAboutDocumentation_Regular_Tab 08A_10/08/1998"9TQ• A
MEMO
To: Stephen J. Allison, Chief of Police
From: Sergeant John Irovando, Code Enforcement Officer ~~
Date: Tuesday, September 29, 1998
Subject: Special Master Questions
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Concerning your memo dated September 29, 1998 reference the above su~ject,,this is
to advise that I did check the minutes from the special master hearings finding the
following:
• The first special master hearing held was October 24, 1996. The last
special masters hearing held was September 24, 1998.
• During that period of time there were a total of Seventy (70} cases
presented before the special master.
• Of the Seventy (70) cases presented to the special master, a total of
Sixty-three (63) decisions were issued in favor of the village; A total of
Four (4) decisions were issued against the village, and a total of Three
(3) cases were continued, (heard at a later date). One case in which
the special master issued a ruling in favor of the village was
overturned by the Circuit Court.
In general, the performance by the special master has been acceptable. We have had
a problem in the beginning with her being uniform in her decisions concerning what
type and when fines should be issued. She still appears reluctant to impose fines. We
have developed a procedure concerning the problem of restricted parking cases. After
an order has been issued for compliance if the same violation is to take place again,
the special master is to impose a fine without question. A case of this type has not
come up as of yet and it will be interesting to see if the special master imposes the
required fine.
The other area that I have been working on with the special master is concerning her
knowing our ordinances. The special master does not seem to have knowledge of
Tequesta's Code of Ordinances. I do fax her copies of each ordinance concerning each
case that is to be heard. I also completely outline each ordinance when I present the
case. This procedure has helped in making her understand our ordinances better.
I would recommend that the special master be reappointed. I feel that we have made
progress in having her understand our ordinances, however, I would recommend that
the village administration and, or village council point out to her that the village does
consider the enforcement of its ordinances a high priority.
If you require anything further please advise.
MEMO
To: Sgt. John Irovando
From: Stephen J. Allison, Chief of Police
Subject: Special Master Questions
Date: September 29, 1998
The Special Master's reappointment is on the council agenda again for October 8, 1998. Please
provide the following.
- Total cases heard by special master
- Total cases found in Village's favor
- Total cases found against Village
- Comments reference overall performance
- reappointment recommendations
I need to submit this information to administration by Thursday, October 1, 1998.
/T i9 / / M
MEMO
To: Thomas G. Bradford, Village Manager
From: Stephen J. Allison, Chief of Police ~jQ-
Subject: Reappointment -Special Master
Date: September 16, 1998
Paulette Torcivia's appointment as Special Master expires on October 10, 1998. I am
recommending her reappointment as Special Master for another two-year term pursuant to the
conditions specified in Section 2-92 of the Village Code. This new appointment would expire
naturally on October 10, 2000.
§ 2-91 TEQUESTA CODE § 2-92
DIVISION 2. CODE ENFORCEMENT*
Sec. 2-81. Title.
This division may be known and cited as the "Code Enforce-
ment Ordinance of the Village of Zlequesta, Florida."
(Ord. No. 522, § 2, 10-10-96)
Sec. 2-92. Special master, term.
(a) There is hereby established a special master who shall be
designated by the village council.
(b) The special master shall be appointed for a term of two (2)
years.
(c) The special master shall be an attorney and a member of
the Florida Bar.
(d) The special master serves at the discretion and by appoint-
ment of the village council and may be removed from such
position with or without cause.
(e) The special master shall preside over code enforcement
matters once a month, or more often if necessary.
(f) Minutes shall be maintained at all hearings presided over
by the special master; all hearings shall be open to the public. The
• village shall provide clerical and administrative personnel as may
be required by the special master for the proper performance of
. the duties of the special master.
(g) The village attorney ~or his/her designee may represent the
village by presenting cases before the special master.
(Ord. No. 522, § 2, 10-10-96)
*Ed!itor'e note-Ord. No. 522, repealed and replaced Ch. 2, Art. IV, Div 2, to
read as herein set out. Former Div 2, §§ 2-91-2-103, pertained to the same
subject matter, derived from Ord. No. 515, § 2, adopted June 13, 1996.
Cross references--Sea turtle protection, § 4-31 et seq.; community appear-
ance board, Ch. 7; local planning agency, § 13.1-21 et seq.
Supp. No. 27 162
