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HomeMy WebLinkAboutOrders_Code Enforcement_05/14/2019_Amer LegionCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, CASE NO. 2016-00047 Petitioner, VS. ROOD WILLIAMS AMERICAN LEGION POST 271 INC.9 Respondent. JOINT CODE COMPLIANCE STIPULATION Re: Violation of Chapter 78, Article X, Sections 78-693, 78-694, 78- 700, 78-699, and 78- 701 and Chapter 78, Article IX, Sections 78-299 and 78-300 of the Code of Ordinances of the Village of Tequesta. Address: 775 N. US Highway I Tequesta, Florida 33469 Legal Description: 30-40-43, N 200 FT OF WLY 373.13 FT OF GOV LT 3 AS MEAS ALONG & AT RIGHT ANGL TO N LI & LYG E OF CENT LI US HWY NO I (LESS WLY 60 FT R/W) PCN: 60-43-40-30-00-003-0120 This Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and Rood Williams American Legion Post 271 Inc. ("American Legion") resolves the code enforcement case identified above in a fair and amicable manner. The Village and American Legion agree and stipulate to the following: 1. On August 17, 2017, Respondent's above -referenced property ("Subject Property") was found to be in violation of Chapter 78, Article X, Sections 78-693, 78-694, 78-700, 78- 699, and 78-701 and Chapter 78, Article IX, Sections 78-299 and 78-300 of the Code of Ordinances of the Village of Tequesta (Order Finding Violation, dated August 21, 2017). 2. On January 30, 2018, an Order Assessing Fine was issued for the continuing violation of Chapter 78, Article X, Sections 78-693, 78-694, 78-700, 78-699, and 78-701 and Chapter 78, Article IX, Sections 78-299 and 78-300 of the Code of Ordinances of the Village of Page 1 of 4 Tequesta, assessing a fine of Twenty -Five Dollars ($25.00) and continuing to accrue at Twenty -Five Dollars ($25.00) per day until the Respondent achieved compliance. (Order Assessing Fine, dated February 5, 2018). Respondent was also assessed administrative costs of $187.96 for the October 18, 2017 hearing and administrative costs of $187.96 for the January 30, 2018 hearing. This order was recorded in the Official Records of Palm Beach County at Book 29654, Pages 1393-1395 on February 16, 2018. 3. Respondent has brought the Subject Property into compliance with Village codes, as depicted in the Affidavit of Compliance dated April 30, 2019 and attached hereto as "Exhibit All. 4. The Village and Respondent agree that in exchange for payment to the Village by Respondent in the amount of Two Thousand Dollars ($2,000.00), to be made within sixty (60) days of the date of this fully executed Stipulation, the Village will release its above - referenced lien. Said release shall occur immediately upon receipt of said payment. 5. Should Respondent fail to pay the Village Two Thousand Dollars ($2,000.00) within sixty (60) days of the date of this Stipulation, this Joint Code Compliance Stipulation shall be deemed void and the lien amount shall revert to its full amount and the lien will not be released. 6. Nothing contained in this Joint Code Compliance Stipulation shall be construed as precluding the Village from enforcing repeat violations at the Subject Property. Should Respondent violate the same sections of the Code again, Respondent may be subject to a fine of up to $500.00 per day for such repeat violation. Should the violations be deemed to be irreparable and irreversible, Respondent may be subject to a fine of up to $5,000.00 for each violation. Additionally, the Code Inspector is not required to give a reasonable time to correct a repeat violation or an irreparable/irreversible violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected or the irreparable/iffeversible violation has stopped prior to the Special Magistrate hearing. 7. Each party shall bear its own fees and costs in connection with this matter. Page 2 of 4 8. The parties agree to the terms of this Joint Code Compliance Stipulation above. VILLAGE OF TEQUESTA ROOD WILLIAMS AMERICAN LEGION POST 271 INC. By: B J se Rodritguez Harry I Malecki s uilding Dire or Commander . Z Date: May 2019 Date: May 1,2019 Page 3 of 4 CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, CASE NO. 2016-00047 Petitioner, VS. ROOD WILLIAMS AMERICAN LEGION POST 271 INC., Respondent. ORDER ACKNOWLEDGING JOINT CODE COMPLIANCE STIPULATION IT IS HEREBY ORDERED AND ADJUDGED, that the foregoing Joint Code Compliance Stipulation is acknowledged and approved. The parties are directed to comply with its terms. 4 DONE AND ORDERED on May A 2019. Filed with the Village Clerk On: & 1312&.9 By: C-1�� b4pu-h-f C-�-eek SEAL INCORPORATED Page 4 of 4