HomeMy WebLinkAboutOrders_Code Enforcement_05/05/2009_Brian TobinCODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA, Case No. 2009-00240
Petitioner,
vs.
BRIAN TOBIN,
Respondent(s).
Filed with Village Clerk
Date: ~ =5=09
RE: Violation of Chapter 30 Article IV Section 30-113, Chapter 30 Article IV Section 30-
233, Chapter 30 Article II Section 30-33 and Chapter 30 Article IX Section 30-331 of the Code
of Ordinances of the Village of Tequesta.
Address: 266 Country Club Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 162
PCN: 60-42-40-26-0 l -000-1620
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 23`d day of April,
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 Respondent(s) is/are the owner(s) for the above-described property.
2. The Respondent(s) was present at the hearing, and there was a finding of proper
notice.
3. Officer Petrick testified and offered photographs depicting that the only remaining
violations as of April 23, 2009 are prohibited property conditions relative to the improperly
maintained swimming pool, and vehicle on the property. Officer Petrick further testified that
the prohibited property conditions relative to the debris and prohibited materials did not come
into compliance within the time required on the Notice of Violation, but were now in
compliance.
4. Mr. Tobin testified and indicated that he has been working to achieve compliance
but needed additional time to fully comply.
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CONCLUSIONS OF LAW
The above-stated facts constitute a violation of Chapter 30 Article IV Section 30-113,
Chapter 30 Article IV Section 30-233, Chapter 30 Article II Section 30-33 and Chapter 30
Article IX Section 30-331 of the Code of Ordinances of the Village of Tequesta.
ORDER
The Respondent(s) was in violation of Chapter 30 Article IV Section 30-113, and Chapter
30 Article IV Section 30-233, but has now achieved compliance with these sections of the Code
of Ordinances of the Village of Tequesta. Respondent remains in violation of Chapter 30 Article
II Section 30-33 and Chapter 30 Article IX Section 30-331 of the Code of Ordinances of the
Village of Tequesta. Respondent is hereby ordered to continue to comply with Chapter 30
Article IV Section 30-113, Chapter 30 Article IV Section 30-233, and to come into compliance
with Chapter 30 Article II Section 30-33 and Chapter 30 Article IX Section 30-331 of the Code
of Ordinances of the Village of Tequesta within 30 days of the date of this Order. Should you
fail to come into compliance as required by this Order, a fine of $100.00 per day may be assessed
for each day the violation continues.
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 $235.44 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.
~~~c,-~
DONE AND ORDERED THIS j day of A-pril, 2009.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECXAL MAGISTRATE
BY:
SPECIAL MAGISTRATE
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