HomeMy WebLinkAboutOrders_Code Enforcement_09/25/2018_E180050_Donald Blauvelt CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER ASSESSING FINE VILLAGE OF TEQUESTA, Case No. E180050 Petitioner, �s. FILED: Vill��e of Tequest� Date: �� DONALD BLAUVELT, Time: ��'3°`}"" Respondent. / RE: Violation of Sections 302.7, 302.7.1, 302.7.2, 303.2, 305.1 and 302.8 of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta. Address: 83 Golfview Drive Tequesta, Florida 33469 Legal Description: TEQUESTA LT 345 PCN: 60-42-40-26-01-000-3450 The Special Magistrate appointed by the Village Council to hear code compliance cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Compliance Special Magistrate Hearing held on the 25�' day of September, 2018 and based on the evidence and testimony presented, enters an Order Assessing Fine. The following Findings of Fact, Conclusions of Law and Order are hereby entered: FINDINGS OF FACT 1. The Respondent is the owner of the above-described property. 2. Respondent was present at the hearing; there was also a finding of proper notice. 3. By the "Order Finding Violation and Permitting Village Abatement" dated May 23, 2018, the Special Magistrate found the Respondent in violation of Sections Page 1 of 3 302.7, 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 permitted Village abatement actions regarding the violations of Sections 302.7, 302.7.1, 302.7.2 and 305.1: The Special Magistrate ordered the Respondent to comply with Sections 3032, 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. 4. Based upon the evidence, pictures and testimony presented at the hearing on September 25, 2018, the Special Magistrate found that the Village had abated the nuisance conditions (secured the pool and obstructed access thereto, secured the fence, and removed the accumulation of vegetation and debris beneath the downed fence) and that the property was now in compliance with Sections 302.7, 302.7.1, 305.1, and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. 5. Based upon the evidence, pictures and testimony presented at the hearing on September 25, 2018, the Special Magistrate found that the property remained in violation of Sections 302.7.2 and 303.2 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. CONCLUSIONS OF LAW The above-stated facts allow a fine to be assessed against the property based upon the violations of Sections 302.7, 302.7.1, 302.7.2 and 305.1. of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta and the Village's actions and costs to abate these violations. The above-stated facts constitute a continuing violation of Sections 302.7.2 and 303.2 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. ORDER It is the Order of the Special Magistrate that a fine in the amount of Eight Thousand Four Hundred Sixty-Two Dollars and Fifty-Five Cents ($8,462.55) be assessed against the property which includes the costs of abatement actions taken by the Village. It is further ordered that a Fine of Two Thousand Two Hundred Seventy-Five Dollars ($2,275.00) is hereby assessed, at Twenty-Five Dollars ($25.00) per day, for the violations of Sections 302.7.2 and 303.2 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta which have existed on the property beginning from June 26, 2018 through September 25, 2018, a period of ninety-one (91) days; and continuing to accrue at Twenty-Five Dollars ($25.00) per day until compliance is achieved. The Respondent also is assessed $200.46 for administrative costs incurred by the Village for the May 23, 2018 hearing and$190.46 for administrative costs incurred by the Village for the September 25, 2018 hearing. 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 upon which the violation exists and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Page 2 of 3 Upon complying in any code compliance matter, it is always the responsibility of the Respondent to contact the Code Compliance Division at (561) 768-0519 to request a reinspection of the property. DONE AND ORDERED THIS�o day of September, 2018. VILLAGE OF TEQUESTA CODE COMPLIANC CIAL MAG TRATE BY: ' _ KEV W , PEC GISTRATE Filed with Villa�e Clerk Date: By: Page 3 of 3