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HomeMy WebLinkAboutMinutes_Special Master_08/28/2008VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES August 28, 2008 PRESENT: Special Master Jennifer Hunecke; Code Enforcement Officers Joe Petrick and Brad Fitzer, Village Attorney Keith Davis. The hearing was called to order at 10:05 A.M. Code Enforcement Special Master Hunecke announced her approval of the July 24, 2008 minutes, and reported that Special Master Donlon had approved the June 26, 2008 hearing minutes. The following cases were heard by the Special Master: Fine Assessment Hearings -none Repeat Violation Hearing: Case No. 2008-00230 TB Sea Corp Somphou & Brooke Khanthavong 351 Cypress Drive #C Tequesta, FL 33469 PC N : 60-43-40-30-03-002-0140 Repeat Violation Prohibited property conditions Chapter 30 Article II Section 30-33 The Respondents, TB Sea Corp, Somphou and Brooke Khanthavong, were represented at the hearing by owner Tommy Khanthavong. There was a finding of proper notice. Tequesta Code Enforcement Officer Petrick testified to the repeat violation. The Respondent is in repeat violation starting on August 7, 2008. Conclusion of law was that Respondents, TB Sea Corp, Somphou and Brooke Khanthavong, are in repeat violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Hearing August 28, 2008 Page 2 Special Master Hunecke ordered that Respondents, TB Sea Corp, Somphou and Brooke Khanthavong, shall immediately comply with Chapter 30, Article II, Section 30- 33 of the Code of Ordinances of the Village of Tequesta. A fine of $250.00 per day is hereby assessed for the repeat violation that exists. The fine of $250.00 per day is imposed beginning August 7, 2008, and will continue to accrue for each day the violation continues to exist. Respondent shall be assessed $263.48 for administrative costs to be paid by the Stn day of September, 2008. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Violation Hearings Case No. 2008-00164 John Zuccarelli JMZ Tequesta Properties Inc. Palm Beach Motorsports 1 Main Street/250 Tequesta Drive Tequesta, FI 33469 PCN: 60-43-40-30-47-003-0000 Violation: Prohibited vehicles, trailers, temp. Structures, Chapter 78 Article IX Section 78-612 Special Master Hunecke ordered this matter to be continued. A hearing will be held before the Special Master on the 25th day of September, 2008 at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Case No. 2008-00206 Mark Peterson 305 Fairway North Tequesta, FL 33469 PCN: 60-42-40-26-01-000-2410 Violation: Commercial Vehicles (Prohibited) Special Master Hearing August 28, 2008 Page 3 Chapter 78 Article IX Section 78-642 Respondent, Mark Peterson, was not present at the hearing; however, there was a finding of proper notice. Village Code Enforcement Officers Fitter and Petrick testified to the violation. Village Code Officer Fitter testified that the property is currently in compliance. Conclusion of law was that Respondent was, but is no longer, in violation of Chapter 78, Article IX, Section 78-642 of the Code of Ordinances of the Village of Tequesta. Special Master Hunecke ordered that Respondent, Mark Peterson, shall continue to comply with Chapter 78, Article IX, Section 78-642 of the Code of Ordinances of the Village of Tequesta. Respondent shall be assessed $281.96 for administrative costs to be paid in full by the Stn day of September, 2008. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Case No. 2008-00198 Judith and Jarrett Campbell 403 Beacon Street Tequesta, FL 33469 PCN: 60-42-40-25-00-000-5070 Violation: Prohibited Property Conditions Chapter 30 Article II Section 30-33 Special Master Hearing August 28, 2008 Page 4 The Respondents, Judith and Jarrett Campbell, were not present at the hearing, however, there was a finding of proper notice. The Respondents submitted a letter to the Village explaining that they were currently out of town attending to family matters. They also expressed a willingness to bring the property into compliance upon their return. Village Code Enforcement Officer Petrick and Police Officer Cooper testified to and produced photographs of the violation. Conclusion of law was that Respondents are in violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Master Hunecke ordered that Respondents shall comply with Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. Respondents shall be assessed $281.87 for administrative costs. A Status Hearing will be held before the Special Master on the 25th day of September, 2008 at 10:00 a.m. at the Village of Tequesta. Respondents are required to attend. At the September 25, 2008, Status Hearing, the time for compliance, potential fines, the due date for administrative costs, and other relevant issued will be discussed. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Case No. 2008-00184 Robert Lally 430 Tequesta Drive Tequesta, FL 33469 PC N : 60-42-40-25-06-022-0070 Violation: R1 (Parking Violation) Chapter 78 Article IX Section 78-643 This case was dismissed by the Village pf Tequesta. Special Master Hearing August 28, 2008 Page 5 Case No. 2008-00173 John Donham 18 Pine Tree Circle Tequesta, FL 33469 PC N : 60-42-40-25-09-000-0240 Violation(s): (1) Prohibited property conditions Chapter 30 Article II Section 30-33 (2) Building Permits Chapter 14 Article VI Section 14-152 (3) Walls and fences Chapter 78 Article IX Section 78-284 Respondent, John Donham, was not present at the hearing; however, there was a finding of proper notice. Village Code Enforcement Officer Petrick testified to and produced photographs of the violations of Sections 30-33 and 14-152. There was no evidence or testimony presented that the Respondent is in violation of Section 78-284. Conclusion of law was that Respondent is not in violation of Chapter 78, Article IX, Section 78-284; but remains in violation of Chapter 30, Article II, Section 30-33, and Chapter 14, Article VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta. Special Master Hunecke ordered that Respondent, John Donham, shall comply with Chapter 30, Article II Section 30-33 and Chapter 14, Article VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta as follows: 1. Bring the property into compliance with Chapter 30, Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta on or before September 8, 2008; and 2. In regards to the violation of Chapter 14, Article VI, Section 14-152 of the Code of Ordinances of the Village of Tequesta, arrange an inspection by the Village and/or pull a permit for the wall and fence on or before September 8, 2008; and 3. Bring the fence and wall into full compliance, as determined by the Village after the inspection, by September 27, 2008. If Respondent does not comply within the times specified, a fine of $250.00 per day shall be assessed for each day the violations continue to exist. Respondent shall be assessed $288.25 for administrative costs to be paid in full by the Stn day of September, 2008. Special Master Hearing August 28, 2008 Page 6 A Fine Assessment Hearing will be held before the Special Master on the 25th day of September, 2008 at 10:00 a.m. at the Village of Tequesta. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Case No. 2008-32077 Raul Restrepo 332 River Drive Tequesta, FL 33469 PCN: 60-42-40-26-01-000-0940 Violation: International Property Maintenance Code Chapter 3 Sections 302.7, 302.7.1, and 302.4 The Respondent, Raul Restrepo, was not present at the hearing. There was a finding of proper notice in regards to violations of Sections 302.7 and 302.7.1 of the International Property Maintenance Code, pursuant to the finding that these violations constitute a serious threat to the public health, safety and welfare. In accordance with Florida statutes, §162.06(4), the Village made a reasonable effort to notify the Respondent by mailing the notice of violation/hearing to the owner at the address listed in the tax collector's records by UPS overnight and by posting the property on August 26, 2008, the date the violation was discovered and cited. The violation of Sections 302.4 of the International Property Maintenance Code did not constitute a serious threat to the public health, safety or welfare, and as such, there was a finding of improper notice regarding this violation only. Tequesta Code Enforcement Officer Fitzer testified to and produced photographs of the violations. These photos and the Officer's testimony established that the pool was ridden with algae, frogs, and tadpoles. The fence was broken and could be easily breached by a child or adult and the gate was not self-latching, thereby leaving the unsanitary pool unsecured. The property appears to be abandoned. Special Master Hearing August 28, 2008 Page 7 Conclusion of law was that Respondent, Raul Restrepo, is in violation of Sections 302.7 and 302.7.1 of the International Property Maintenance Code as adopted by the Village of Tequesta in its Code of Ordinances. These violations constitute a serious threat to the public health, safety, and welfare. The Special Master ordered that the Village of Tequesta may abate the violations and assess the costs of the abatement against the Respondent pursuant to Florida Statutes §162.09 or any other applicable taw. A Fine Assessment Hearing will be held before the Special Master on the 25th day of September, 2008, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 Tequesta Drive, Tequesta, Florida. Respondent shall be assessed $331.54 for administrative costs to be paid by the 8th day of September, 2008. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to $500.00 per day may be imposed beginning on the date the violation begins. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter162, Florida Statutes, for the original amount. Foreclosure Authorizations -None Fine Reduction Hearings -None Adjournment There being no further cases, the meeting was adjourned. Respectfully submitted, ~~: ~~~ ~~ ~"` \ Betty Laur Recording Secretary Special Master Hearing August 28, 2008 Page 8 ATTEST: /r~6 C e Enforcement Officer APPROVED: ' f ~lI ~ ~,i ~i ~A/~:I~L~-~., ~~~ ~I ~~- ~~G~J Special Master J Date