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HomeMy WebLinkAboutOrders_Code Enforcement_8/13/2019_E190054_Joan A. BorreroCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING VIOLATION AND PERMITTING VILLAGE ABATEMENT VILLAGE OF TEQUESTA, Petitioner, VS. Case No. E190054 JOAN A. BORRERO, JOAN A. BORRERO TR. & JOAN A. BORRERO TR. HLDR., Respondents. RE: Violation of Chapter 30, Article 11, Section 30-33 and Section 301.3 of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta. Address: 299 Country Club Drive Tequesta, Florida 33469 Legal Description: TEQUESTA LT 212 PCN: 60-42-40-26-01-000-2120 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 Hearing held on the 131, day of August, 2019, and based on the evidence and testimony presented, enters an Order Finding Violation and Permitting Village Abatement. The following Findings of Fact, Conclusions of Law and Order are hereby entered: FINDINGS OF FACT I . The Respondents are the owners of the above-described property. 2. The Respondents were not present at the hearing; however, there was a finding of proper notice. 3. Based upon evidence presented at the August 13, 2019 Special Magistrate Hearing, the Special Magistrate finds that the property is in violation of Chapter 30, Article II, Section 30-33 and Section 301.3 of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta and such violations of Sections 30-33 and 301.3 of the IPMC represent a serious threat to the health, safety and welfare of the Village residents due the height of grass, weeds and undergrowth and unsafe and unsecure condition of the vacant structure. Page I of 2 CONCLUSIONS OF LAW The above -stated facts constitute a continuing violation of Section 30-33 and Section 301.3 of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta. ORDER The Respondents are hereby ordered to comply with Section 30-33 and Section 301.3 of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta within fourteen (14) days of the date of this order. If the Respondents fail to achieve compliance within fourteen (14) days of the date of this order, a daily Fine of Twenty-five Dollars ($25.00) per day may be imposed for each day the violation continues to exist. If the Respondents do not achieve compliance within fourteen (14) days of the date of this order, it is further ordered by the Special Magistrate that the Village may immediately abate the violation of Section 30-33 and Section 301.3 of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta by taking reasonable actions concerning the height of the weeds and grass and unsafe and unsecure condition of the vacant structure in order to alleviate the dangerous conditions that such issues may present to surrounding areas pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement will not create any liability against the Village for any damages to the property as a result of such good faith repairs or actions. The Village may also later request additional fines in order to recover the costs of these abatement activities by the Village. The Respondents are hereby ordered to continue to comply with Section 30-33 and Section 301.3 of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta once abatement has been accomplished. The Respondents are also hereby assessed $208.60 for administrative costs incurred by the Village for the August 13, 2019 hearing. Upon complying in any code compliance matter, it is always the responsibility of the Respondents to contact the Code Compliance Division at (561) 768-0519 to request a re - inspection of the property. DONE AND ORDERED THIS '�)Z day of August, 2019. VILLAGE OF TEQUESTA __r---- CODE COMPL A14�kIAL MA RATE RYA Filed with Village Clerk Date: B .� TRATE