HomeMy WebLinkAboutOrders_Code Enforcement_10/13/2020_E200101_Bryan and Noelle McGilvrayCODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
VS.
Case No. E200101
BRYAN C. MCGILVRAY &
NOELLE MCGILVRAY,
Respondents.
RE: Violation of Chapter 14, Article II, Section 14-31 of the Code of Ordinances of the
Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth Edition).
Address: 323 Leigh Road
Tequesta, Florida 33469
Legal Description: JUPITER IN THE PINES SEC D LOT 6 BLK 36
PCN: 60-43-40-30-04-036-0060
The Special Magistrate appointed by the Village Council to hear code compliance cases
for the Village of Tequesta, in accordance with Chapter 162, Florida Statittes, heard testimony at
the Code Compliance Hearing held on the 131h day of October, 2020, and based on the evidence
and testimony presented, enters an Order Finding Violation. The following Findings of Fact,
Conclusions of Law, and Order are hereby entered:
FINDINGS OF FACT
l . The Respondents are the owners of the above -described property.
2. The Respondents were not present at the hearing; however, there was also a
finding
of proper notice.
3. Code Enforcement Officer Michael Filipkowski provided testimony and evidence
of the violation, as contained in the Village's evidentiary case file which was accepted into
evidence without objection.
4. As of the hearing on October 13, 2020, based on testimony presented by Code
Enforcement Officer Michael Filipkowski, the property was not in compliance with Section 14-
31 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida
Building Code (Sixth Edition).
CONCLUSIONS OF LAW
The above -stated facts constitute a violation of Section 14-31 of the Code of Ordinances
of the Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth Edition).
ORDER
The Respondents are hereby ordered to comply with Section 14-31 of the Code of
Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Sixth
Edition) on or before December 31, 2020. If the Respondents fail to achieve compliance on or
before December 31, 2020, a daily Fine of Twenty -Five Dollars ($25.00) per day may be
imposed for each day the violation continues to exist.
The Respondents are further ordered to appear at the Fine Assessment Hearing which
will be held on the 12`h day of January, 2021 at 10:00 a.m. at Village Hall, Council Chambers,
345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that
you have timely brought your property into compliance.
Respondents are also assessed One Hundred Ninety -Eight Dollars and Eighty Cents
($198.80) for administrative costs incurred by the Village for the October 13, 2020 hearing.
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
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.
Upon complying in any code compliance matter, it is always the responsibility of the
Respondents to contact the Code Compliance Division at (561) 768-0519 to request a
reinspection of the property.
DONE AND ORDERED THIS � day of October, 2020.
Filed with Villa eg Clerk
Date: i W Ike I acaLD
By:
VILLAGE OF TEQUESTA
CODE COMPLIANC CIAIr GISTRATE
SPECIAL
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