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HomeMy WebLinkAboutOrders_Code Enforcement_2/12/2020_E200007_Bozzuto Capital ManagementCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE VILLAGE OF TEQUESTA, Petitioner, VS. BOZZUTO CAPITAL MGMT INC, Respondent. Case No. E200007 RE: Violation of Development Order Requirements; Palm Beach County Pre -Annexation; Violation of Stipulated Order Finding Violation (Case No. 2015-00197); and Violation of Order Acknowledging Stipulated Order Finding Violation (Case No. 2015-00197) Address: 19578 N. US Highway 1 Tequesta, FL 33469 Legal Description: JUPITER HEIGHTS LTS 9 TO 12 INC & ABND 40 FT STRIP LYG W & ADJ THERETO BLK 4 PCN: 60-43-40-30-02-004-0090 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 12t1 day of February, 2020, and based on the evidence and testimony presented, enters 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 is the owner of the above -described property. 2. The Respondent was represented at the hearing by Louis Bozzuto; there was also a finding of proper notice. 3. Code Compliance Officer Michael Filipkowski provided testimony and evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. 4. Based upon evidence and testimony presented, the Special Magistrate finds that the property was in violation of the Development Order Requirements; Palm Beach County Pre -Annexation; Stipulated Order Finding Violation (Case No. 2015-00197); and Order Acknowledging Stipulated Order Finding Violation (Case No. 2015-00197) from December 17, 2020 through January 17, 2020, for a period of thirty-one (31) days. The February 29, 2016 Stipulated Order Finding Violation and Order Acknowledging Stipulated Order Finding Violation (Case No. 2015-00197) required Respondents to "immediately cease and desist parking any vehicles in any location on the above addressed property except in striped spaces" and further required that "all vehicle parking must be contained to striped spaces. Parking outside of striped spaces is prohibited at all times." 5. This is a repeat violation of the Stipulated Order Finding Violation dated February 29, 2016 which prohibits Respondents from parking outside of striped parking spaces at all times. CONCLUSIONS OF LAW Respondent was in repeat violation of Development Order Requirements; Palm Beach County Pre -Annexation; Stipulated Order Finding Violation (Case No. 2015-00197); and Order Acknowledging Stipulated Order Finding Violation (Case No. 2015-00197). ORDER It is the Order of the Special Magistrate that a Fine of Four Hundred Sixty -Five Dollars ($465.00) is hereby assessed at a daily amount of Fifteen Dollar ($15.00) per day for the repeat violation which existed on the property from December 17, 2020 through January 17, 2020, a period of thirty-one (31) days. Respondent is also assessed the Village's administrative costs in the amount of $196.80. Should you violate the same Stipulated Order 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 Inspector 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 exists 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 to contact the Code Compliance Division at (561) 768-0519 to request a re -inspection of the property. DONE AND ORDERED THIS day of February, 2020. VILLAGE OF TEQUESTA CODE COMPLIANCE SPT-CIAL MAGISTRATE WM MAGISTRATE Filed with Village Clerk Date: a 131PXV 13y. ydg4tr-- 2