HomeMy WebLinkAboutOrders_Code Enforcement_8/13/2019_2017-00017_CVS PharmacyCODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA9
Petitioner,
VS.
CVSPHARMACY
2003 TEQUESTA ASSOC LLC,
Respondent.
CASE NO. 2017-00017
JOINT CODE COMPLIANCE STIPULATION
Re: Violation of Chapter 30, Article II, Section 30-33; Chapter 78, Article IX, Sections 78-398
and 78-399; Chapter 78, Article X, Sections 78-701 and 78-700; Chapter 78, Article Xr, Section
78- 73 7 of the Code of 6rdinances of the Village of Tequesta.
Address: 260 S. US Highway 1
Tequesta, Florida 33469
Legal Description: 2003 TEQUESTA ASSOC LLC LT 2
PCN: 60-43-40-30-52-000-0020 -
This Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and
CVS Pharmacy 2003 Tequesta Assoc LLC ("2003 Tequesta Assoc LLC") resolves the code
enforcement case identified above in a fair and amicable manner. The Village and 2003 Tequesta
Assoc LLC agree and stipulate to the following:
1. On April 20, 2017, Respondent's above -referenced property ("Subject Property") was
found to be in violation of Chapter 30, Article Il, Section 30-33; Chapter 78, Article IX,
Sections 78-398 and 78-399; Chapter 78, Article X, Sections 78-701 and 78-700; Chapter
78, Article XI, Section 78-737 of the Code of Ordinances of the Village of Tequesta (Order
Finding Violation, dated April 25, 2017).
2. On June 15, 2017, an Order Assessing Fine was issued for the continuing violation of
Chapter 30, Article 11, Section 30-33; Chapter 78, Article IX, Sections 78-398 and 78-399;
Chapter 78, Article X, Sections 78-701 and 78-700; Chapter 78, Article XI, Section 78-
737 of the Code of Ordinances of the Village of Tequesta, assessing a fine of Six Hundred
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Dollars ($600.00) and continuing to accrue at One Hundred Dollars ($100.00) per day until
the Respondent achieved compliance. (Order Assessing Fine, dated June 21, 2017).
Respondent was also assessed administrative costs of $191.96 for the June 15, 2017 hearing
and administrative costs of $218.96 for the April 20, 2017 hearing. This order was recorded
in the Official Records of Palm Beach County at Book 29218, Pages 0391-0392 on July
14,2017.
3. Respondent has brought the Subject Property into compliance with Village codes, as
depicted in the Affidavit of Compliance dated November 2, 2018 and attached hereto as
"Exhibit A".
4. The Village and Respondent agree that in exchange for payment to the Village, by
Respondent in the amount of Twenty -Three Thousand Dollars ($23,000.00), to be made
within thirty (30) 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 Twenty -Three Thousand Dollars ($23,000.00)
within thirty (30) days of the date of this Stipulation, this Joint Code Compliance
Stipulation shall be deemed void and the lien amount shall revert to its fall 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/irreversible violation has stopped prior to the Special Magistrate hearing.
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VILLAGE OF TEQUESTA
'a 345 Tequesta Drive - Tequesta, Florida 33469-0273
(561)768-0450 - Fax: (561) 768-0698
AFFIDAVIT OF COMPLIANCE
CASE NO. 2017-00017
LOCATION OF VIOLATION:
260 South US Highway 1
Tequesta, FL 33469
DATE: 11 /2/2018
I, Michael Filipkowski, have personally examined the property described above and find that said
property is (NOW) in compliance with Section(s)
Chapter 30 Article II Section 30-33, Chapter 78 Article IX Sections 78-398 and 78-399. Article X
Sections 78-700 and 78-701. Article X Section 78-737.
5��- "o,
Z-
Affiant
State of Florida
County of Palm Beach
The foregoing instrument was acknowledge before me this day of
KONyA-Qy 20L, by M c6f[ FJ(1PKOW4,' Village Official / Inspector, who is
personally known to me or who has produced a Florida Driver's License as identification.
(SEAL)
LYNNE BFilli i
oA1muioN tF 684M115/
�u5t 2022 '
yr�u�eenr��
State of Florida
7. Each party shall bear its own fees and costs in connection with this matter.
8. The parties agree to the terms of this Joint Code Compliance Stipulation above.
VILLAGE OF TEQUESTA
By:
J mn Allen
i age Manager
e: July L, 2019
2003 T ESTA ASSOC LLC
By:
ary Resni sq.
Counsel
Date: July2019
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CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA, CASE NO.2017-00017
Petitioner,
VS.
CVS PHARMACY
2003 TEQUESTA ASSOC LLC,
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.
DONE AND ORDERED on August)$ 2019.
Filed with the Village Clerk
On: flIJ114
By: CF.tciXnr
VILLAGE OF TEQUEST
K IN V ER
ECIAL AGIS'
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