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HomeMy WebLinkAboutOrders_Code Enforcement_9/10/2019_E190023_Joan A. Borrero Tr.CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER ASSESSING FINE VILLAGE OF TEQUESTA, Case No. E 190023 Petitioner, VS. JOAN A. BORRERO, JOAN A. BORRERO TR. & JOAN A. BORRERO TR. HLDR., Respondents. RE,:' Violation of Chapter 78, Article IX Section 78-284 and Sections 303.1, 303.2 and 30��.V.l of the IPMCper Section 14121 of the Code of Ordinances of the Village of Tequesta. Address: 299 Country Club Drive Tequesta, Florida 33469 Legal D�,Scription: 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, heard testimony at the code compliance hearing on September 10, 2019. Based on the evidence and testimony presented, the following Findings of Fact, Conclusions of Law, and Order Finding Violation are hereby entered: FINDINGS OF FACT 1 . The Respondents were not present at the hearing. There was a finding of proper notice. 2. By the "Order Finding Violation and Permitting Village Abatement and Continuing Village Abatement" dated April 11, 2019, the Village was authorized to continually abate the violation of Section 303.1 of the IPMC per Section 14121 of the Code of Ordinances of the Village of Tequesta regarding condition of the uninaintained pool to bring the property into compliance. 3. Based upon the evidence, pictures and testimony presented at the hearing on September 10, 2019, the Special Magistrate found that the Village had abated the nuisance condition and that the property was now in compliance with Section 303.1 of the IPMC per Section 14121 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 violation of Section 303.1 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 this violation. ORDER It is the Order of the Special Magistrate that a fine of Five Hundred Eighty -Four Dollars and Eighty -Two Cents ($584.82) be assessed against the property in order to recover the costs of abatement actions taken by the Village. Respondent further is assessed One Hundred Ninety - Four Dollars and Sixty Cents ($194.60) for administrative costs incurred for the September 10, 2019 hearing. Administrative costs in the amount of One Hundred Eighty -Nine Dollars and Ninety -Eight Cents ($189.98) for administrative costs incurred for the April 9, 2019 hearing are also reaffirmed. Should you violate the same Section of the Code again, you may be subject to a fine of up to Five Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Officer is not required to give a reasonable time to correct the repeat violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate 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 exits and upon any other real or personal property owned by the Respondents, pursuant to Chapter 162, Florida Statutes. 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 reinspection of the property. DONE AND ORDERED THIS �= day of September, 2019. Filed with Villa eg Clerk Date: VILLAGE O QUESTA CODE 00UPLIANCE SPEC MAGISTRATE AGNER,C4REebtUNAGISTRATE Page 2 of 2