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HomeMy WebLinkAboutOrders_Code Enforcement_3/9/2021_E180057_Clifford and Dana GilbertN N CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, Petitioner, VS. CLIFFORD AND DANA GILBERT, Respondents. 5 CASE NO. E180057 JOINT CODE COMPLIANCE STIPULATION Re: Violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. Address: 109 Beechwood Trail Tequesta, Florida 33469 Legal Description: TEQUESTA PINES LOT 134 PC N : 60-42-40-25-25-000-1340 This Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and Clifford and Dana Gilbert ("Respondents") resolves the code enforcement case identified above in a fair and amicable manner. The Village and Respondents agree and stipulate to the following: 1. On April 24, 2018, Respondents above -referenced property ("Subject Property") was found to be in repeat violation of Chapter 30, Article II, Section 30-33 of the Code of Ordinances of the Village of Tequesta. This was a repeat violation of the same Village code section from an "Order Finding Repeat Violation and Assessing Fine," dated October 2, 2014. On May 9, 2018, an Order Finding Repeat Violation and Assessing Fine was issued assessing a fine of Seven Thousand Dollars ($7,000.00) and continuing to accrue at Two Hundred Fifty Dollars ($250.00) per day until the Respondents achieved compliance. (Order Finding Repeat Violation and Assessing Fine, dated May 9, 2018). Respondents were also assessed administrative costs of $187.93 for the April 24, 2018 hearing. This order was recorded in the Official Records of Palm Beach County at Book 29877, Pages 1555-1556 on May 25, 2018. Page 1 of 3 2. Village records indicate that Respondents brought the Subject Property into compliance with Village codes on May 29, 2018, as stated in the Affidavit of Compliance dated February 8, 2021 and attached hereto as "Exhibit A". 3. The Village and Respondents agree that in exchange for payment to the Village by Respondents in the amount of Eight Thousand Dollars ($8,000.00), to be made within thirty (30) days of the date of this fully executed Stipulation, the Village will release its above - referenced lien. Said release shall occur no later than thirty (30) days after receipt of said payment. 4. Should Respondents fail to pay the Village Eight Thousand Dollars ($8,000.00) within thirty (30) days of the date of this Stipulation, this Joint Code Compliance Stipulation shall be deemed void and the lien amount shall revert to its full amount and the lien will not be released. 5. Nothing contained in this Joint Code Compliance Stipulation shall be construed as precluding the Village from enforcing repeat violations at the Subject Property. Should Respondents violate the same sections of the Code again, Respondents may be subject to a fine of up to $500.00 per day for such repeat violation. Should the violations be deemed to be irreparable and irreversible, Respondents may be subject to a fine of up to $5,000.00 for each violation. Additionally, the Code Inspector is not required to give a reasonable time to correct a repeat violation or an irreparable/irreversible violation and the case may be presented to the Special Magistrate even if the repeat violation has been corrected or the irreparable/irreversible violation has stopped prior to the Special Magistrate hearing. 6. Each party shall bear its own fees and costs in connection with this matter. 7. The parties agree to the terms of this Joint Code Compliance Stipulation above. VILLAGE OF TEQUESTA By:_ J ly Allen ;e Manager February 11, 2021 CLI0ondents N BERT By: Gilbert Date: February P d , 2021 Page 2 of 3 CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, Petitioner, VS. CLIFFORD AND DANA GILBERT, Respondents. CASE NO. E 180057 ORDER ACKNOWLEDGING JOINT CODE COMPLIANCE STIPULATION IT IS HEREBY ORDERED AND ADJUDGED, that the foregoing Joint Code Compliance Stipulation is acknowledged and approved. The parties are directed to comply with its terms. DONE AND ORDERED on March -1-1 2021. Filed with the Village Clerk On: By: VILLAGE OF TEQUESTA BY: ' KE'VI A6NER SPE'Q A MAGISTRATE i Page 3 of 3 VILLAGE OF TEQUESTA 345 Tequesta Drive - Tequesta, Florida 33469-0273 (561) 768-0450 — Fax: (561) 768-0698 AFFIDAVIT OF COMPLIANCE CASE NO. E180057 DATE: 02/08/2021 LOCATION OF VIOLATION: 109 BEECHWOOD TRL TEQUESTA, FL 33469 I, Michael Filipkowski, have personally examined the property described above and per Village records, find that said property came into compliance on May 29.2018 with Section(s) Chapter 30 Article 11 Section 30-33 pant State of Florida County of Palm Beach The foregoing inshvment was acknowledge before me this O day of ft 6 r.'a rr , 20 Z( , b,, ��`v�q� ( F, �i �p _&Rage Official / Inspector, who is personally known to me ✓or who has produced a Florida Dri er's License as identification (SEAL) Notarv/PQbftc-. State of KASEYFYDA .: Commission # GG 294873 Expires January 24, 2023 ''•;nor i�QP` Bonded Thru Troy fain Insurance 800,1"19