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HomeMy WebLinkAboutOrders_Code Enforcement_04/02/2009_Lori Masen HowardRecord & Return: I ~~~ q ~ l' I'I ~ f'I ~ I~ 1~ ~~ ~ ~1 ~ ~~ ~ ~' N I~I I ~N Joe Petrick, Code Compliance Village of Tequesta 345 Tequesta Drive CFM 20090118945 Tequesta, Florida 33469 O R B K 2 3171 P G 01 S 8 RECORDED 04/10/2009 09:12:16 Palm Beach County, Florida CODE COMPLIANCE ORDEl~haron R. Bock, CLERK >~ COttPTROLLER e 0158 - 159; {2pgs) VILLAGE OF TEQUESTA, FLORI~A ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE VILLAGE OF TEQUESTA, Case No. 2008-00032 Petitioner, vs. LORI (MASEN) HOWARD, Respondent(s). Filed with Village Clerk Date• °~ RE: Violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. Address: 10 Shay Place Tequesta, Florida 33469 Legal Description: 25-40-42, S 130 FT OF N 390 FTOF E 79.37 FT OF W 476.25 FT OF NE 1/4 OF SE 1/4 (LESS N 10 FT SHAY PL R/VV) PCN: 60-42-40-25-00-000-5280 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 26th Day of March, 2009, and based on the evidence and testimony presented, entered an Order Finding Repeat Violation and Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. .The Respondent was present at the hearing through her husband, Cornelius Howard, and there was a finding of proper notice of the repeat violation and the hearing. 2. Officer Joe Fabiano testified to the existence of the violation. Specifically, Officer Fabiano saw the dog at large and saw Mr. Howard collect the dog back onto his property. 3. Mr. Howard testified and acknowledged that his dog had been at large, but that the violation only lasted a few minutes. 4. Based upon evidence presented the property is in violation of Chapter 10 Article II Page 1 of 2 Section 10-34 of the Code of Ordinances of the Village of Tequesta. 5. The record reflects that the same respondent was in violation of the same code provision at the same property in December of 2008. As such, this is a repeat violation. C®I~TCI.>IJSI®I~S ®F' 1LAW Based on the above-stated facts, Respondent(s) is in repeat violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. ®1~-EI~ It is the Order of the Special Magistrate that the Respondent shall comply with Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta immediately. A fine is hereby assessed for this repeat violation in the amount of one hundred dollars ($100.00). In addition, administrative costs in the amount of two hundred nine dollars and seventy three cents ($209.73) are hereby assessed for this hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shali constitute a iien 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. DONE AND ORDERED TI~IIS day of March, 2009. VILLAGE OF TEQUESTA CODE COMPLIANCE~PECIAL MAGISTRATE f ~; BY: ~, ,` K~"IN QVAGNER, SPL~"CIAL MAGISTRATE -~ ~~ ,cQ••,. ~ .,... (i,~o '~ SEAL`S ~~" INCORPORATED ~n~~a..i~~,. 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 TE4UESTA, FLORIDA AND ER DAY AFFI THE FFICIAL SEAL THIS OF ~~ ~'~- t~. RI McWI LIAMS, VILLAGE CLERK Page 2 of 2 CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE VILLAGE OF TEQUESTA, Petitioner, vs. LORI (MASEN) HOWARD, Case No. 2008-00032 Filed with Village Clerk Date• ~ - a - 0 `~ gy: ~ ~-- Respondent(s). RE: Violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. Address: 10 Shay Place Tequesta, Florida 33469 Legal Description: 25-40-42, S 130 FT OF N 390 FTOF E 79.37 FT OF W 476.25 FT OF NE 1/4 OF SE 1/4 (LESS N 10 FT SHAY PL R/W) PCN: 60-42-40-25-00-000-5280 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 26~' Day of March, 2009, and based on the evidence and testimony presented, entered an Order Finding Repeat Violation and Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent was present at the hearing through her husband, Cornelius Howard, and there was a finding of proper notice of the repeat violation and the hearing. 2. Officer Joe Fabiano testified to the existence of the violation. Specifically, Officer Fabiano saw the dog at large and saw Mr. Howard collect the dog back onto his property. 3. Mr. Howard testified and acknowledged that his dog had been at large, but that the violation only lasted a few minutes. 4. Based upon evidence presented the property is in violation of Chapter 10 Article II Page 1 of 2 .. , ti .._ Section 10-34 of the Code of Ordinances of the Village of Tequesta. 5. The record reflects that the same respondent was in violation of the same code provision at the same property in December of 2008. As such, this is a repeat violation. CONCLUSIONS OF LAW Based on the above-stated facts, Respondent(s) is in repeat violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. ORDER It is the Order of the Special Magistrate that the Respondent shall comply with Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta immediately. A fine is hereby assessed for this repeat violation in the amount of one hundred dollars ($100.00). In addition, administrative costs in the amount of two hundred nine dollars and seventy three cents ($209.73) are hereby assessed for this 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 Respondent, pursuant to Chapter 162, Florida Statutes. DONE AND ORDERED THIS ~ day of March, 2009. VILLAGE OF TEQUESTA CODE COMPLIANCF~PECIAL MAGISTRATE // AGNER, SPECIAL MAGISTRATE Page 2 of 2 No Text