HomeMy WebLinkAboutOrders_Code Enforcement_01/27/2009_Kevin and Karen NewfieldCODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING ADMINISTRATIVE COSTS
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2008-00346
vs.
KEVIN & KAREN NEWFIELD,
Respondent(s).
RE: Violation of Section(s) 78-585 of the Code of Ordinances of the Village of Tequesta.
Address: 83 River Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 25
PCN: 60-42-40-26-01-000-0250
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 22°d day of January,
2009 and based on the evidence and testimony presented, the following Findings of Fact,
Conclusions of Law and Order are hereby entered:
FINDINGS OF FACT
1. The Respondents were present at the hearing; there was a finding of proper notice
of the violation and of the hearing.
2. The Tequesta Code Enforcement Officer testified that the violation, including the
health, safety and welfare violation came into compliance as of January 2, 2009, .and that the
Village's only costs were the administrative costs from the December 18, 2008 violation hearing
in the amount of $275.73.
rights.
3. Mrs. Newfield testified and sought guidance regarding Respondents' appellate
Page 1 of 2
CONCLUSIONS OF LAW
The above-stated facts establish that the subject property was in violation but achieved
compliance with Chapter 78 Article IX Section 78-585 of the Code of Ordinances of the Village
of Tequesta as of January 2, 2009, and that the health, safety and welfare violation was cured as
of that date.
ORDER
The Respondents are hereby ordered to continue to comply with Chapter 78 Article IX
Section 78-585 of the Code of Ordinances of the Village of Tequesta.
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.
Respondent(s) shall be assessed $275.73 for administrative costs to be paid immediately.
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 Respondent, pursuant
to Chapter 162, Florida Statutes.
Upon complying in any code compliance matter, it is always the responsibility of the
Respondent(s) to contact the Code Compliance Division at (561) 575-3826 to request a
reinspection of the property.
DONE AND ORDERED THIS ~ ~ day of January, 2009.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRATE
BY: 1/ Ct~'~""
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date: ~4 ~ 0
sy:
Page 2 of 2
Record & Return:
Joe Petrick, Code Compliance
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
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CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING ADMINISTRATIVE COSTS
VILLAGE OF TEQUESTA,
Petitioner,
vs.
Case No. 2008-00346
KEVIN & KAREN NEWFIELD,
Respondent(s).
RE: Violation of Section(s) 78-585 of the Code of Ordinances of the Village of Tequesta.
Address: 83 River Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 25
PCN: 60-42-40-26-01-000-0250
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 22°d day of January,
2009 and based on the evidence and testimony presented, the following Findings of Fact,
Conclusions of Law and Order are hereby entered:
FINDINGS OF FACT
1. The Respondents were present at the hearing; there was a finding of proper notice
of the violation and of the hearing.
2. The Tequesta Code Enforcement Officer testified that the violation, including the
health, safety and welfare violation came into compliance as of January 2, 2009, and that the
Village's only costs were the administrative costs from the December 18, 2008 violation hearing
in the amount of $275.73.
rights.
3. Mrs. Newfield testified and sought guidance regarding Respondents' appellate
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Page 1 of 2
C®1~1CLUSII®NS ®F' LAW
The above-stated facts establish that the subject property was in violation but achieved
compliance with Chapter 78 Article IX Section 78-585 of the Code of Ordinances of the Village
of Tequesta as of January 2, 2009, and that the health, safety and welfare violation was cured as
of that date.
®RDER
The Respondents are hereby ordered to continue to comply with Chapter 78 Article IX
Section 78-585 of the Code of Ordinances of the Village of Tequesta.
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.
Respondent(s) shall be assessed $275.73 for administrative costs to be paid immediately.
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 Respondent, pursuant
to Chapter 162, Florida Statutes.
Upon complying in any code compliance matter, it is always the responsibility of the
Respondent(s) to contact the Code Compliance Division at (561) 575-3826 to request a
reinspection of the property.
DONE AND ORDERED THIS ~ ~ day of January, 2009.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRATE
KEV1N WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date: ~'~~ j °?~-i
.~ e
I HEREBY CERTIFY THE ABOVE AND
FOREGOING IS A TRUE AND CORRECT
COPY APPEARING FROM THE RECORDS
IN THE VILLAGE CLERK'S OFFICE VILLAGE
OF TEQUESTA, FLORIDA AND HEREBY
AFF THE OFFICIAL SEAL THIS `~ DAY
OF ^ ^ , 20 ~
L17K1 McWILLIA S, VILLAGE CLER