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HomeMy WebLinkAboutOrders_Code Enforcement_05/05/2009_David SperryCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE VILLAGE OF TEQUESTA, Petitioner, vs. DAVID SPERRY, Case No. 2009-00044 Filed with Village Clerk Date: ,~~ - 5 - ~ ~ Respondent(s). RE: Violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. Address: 372 Franklin Road Tequesta, Florida 33469 Legal Description: JUPITER IN THE PINES SEC B LT 3 BLK 14 PCN: 60-42-40-25-06-014-0030 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 23`d day of April, 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 not present at the hearing, however; there was a finding of proper notice of the repeat violation and the hearing. 2. Officer Joe Petrick testified to, and presented photographs of, the existence of the current violation which was discovered on March 17, 2009 and then came into compliance on April 7, 2009. Officer Petrick also presented the previous Order Finding Violation which established a finding of fact only, from 2008. 3. Based upon evidence presented the property is in violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. 4. The record reflects that the same respondent was in violation of the same code Page 1 of 2 provision at the same property in 2008. As such, this is a repeat violation. CONCLUSIONS OF LAW Based on the above-stated facts, Respondent(s) was in repeat violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta between March 17, 2009 and Apri17, 2009. ORDER It is the Order of the Special Magistrate that the Respondent shall continue to comply with Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. A fine is hereby assessed for this repeat violation in the amount of twenty five dollars ($25.00) per day for 21 days between March 17, 2009 and April 7, 2009, which is a total fine of $525.00. In addition, administrative costs in the amount of two hundred one dollars and sixty eight cents ($201.68) 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. ct: DONE AND ORDERED THIS ~ day of ' , 2009. VILLAGE OF TEQUESTA CODE COMPLIANCE ESPECIAL MAGISTRATE VIN WAGNER, S ECIAL MAGISTRATE Page 2 of 2 Lori McWilliams, CMC ,~~aN~~~N~~~~~~~~I Village Clerk Village of Tequesta G F N :200i9t] 164t~66 345 Tequesta Drive OiR BI{ 2322 PG 1867 Tequesta, Florida 33469 REGORDEU OS! 15/2009 04:20:59 Pal^ Beach County, Florida Sharon R. Bock, CLERK E~ COMPTROLLER CODE COMPLIANCE ORDE1~49s 186? - 1868; (2pgs f VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE VILLAGE OF TEQUESTA, Case No. 2009-00044 Petitioner, vs. DAVID SPERRY, Respondent(s). Filed with Village Clerk Date. ~ ,~ ~ °-- ~:~ ~` Y ~- RE: Violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. Address: 372 Franklin Road Tequesta, Florida 33469 Legal Description: JUPITER IN THE PINES SEC B LT 3 BLK 14 PCN: 60-42-40-25-06-014-0030 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 23`d day of April, 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 not present at the hearing, however;. there was a finding of proper notice of the repeat violation and the hearing. 2. Officer Joe Petrick testified to, and presented photographs of, the existence of the current violation which was discovered on March 17, 2009 and then came into compliance on April 7, 2009. Officer Petrick also presented the previous Order Finding Violation which established a finding of fact only, from 2008. 3. Based upon evidence presented the property is in violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. 4. The record reflects that the same respondent was in violation of the same code Page 1 of 2 provision at the same property in 2008. As such, this is a repeat violation. ~~N(CL~JSI[~N~ ®~' 1L~~J Eased on the above-stated facts, respondent(s) was in repeat violation of Chapter 30 Article II Section 30-33 of the Code of ®rdinances of the ~~illage of Tequesta between March 17, 2009 and April 7, 2009. ~r11Dil/r It is the ®rder of the Special Magistrate that the respondent shall continue to comply with Chapter 30 Article II Section 30-33 of the Code of ®rdinances of the Village of Tequesta. A fine is hereby assessed for this repeat violation in the amount of twenty five dollars ($25.00) per day for 21 days between March 17, 2009 and April 7, 2009, which is a total fine of X525.00. In addition, administrative costs in the amount of two hundred one dollars and sixty eight cents ($201.68) are hereby assessed for this hearing. A certified copy of this ®rder may be recorded in the Public records of Palm Beach County, Florida, and, once recorded, shall constifute a lien against the property upon which the v~olatiori exits a«d upon any otliea= real or personal property owned by the r~sponsrent, pursuant to Chapter 162, ~'loa°ida Statutes. ~~ :~ ,. I~®I~TE AI~TI~ ®rI)ErED TIdIS ``~~ ~ day of ~pr31°; 2009. tiIILLAGE ®F TEQU-ESTA C®I~E C®MPLIANCE SPECIAL MACaISTrATE ~J yy`rg F~ tl ~ VV A~1tlEr, Sl E~IAL lYlA~IST1~laTE 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 AFFIX~,T E OFFICIAL SEAL THIS f~ DAY OF /d )~) , ~0, I McWILL AMS, VILLAGE-CLERK Page 2 of 2