HomeMy WebLinkAboutOrders_Code Enforcement_5/14/2021_E210019_Bank of America (2)CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
vs.
RCMR JV LLC,
Petitioner,
Respondent.
Case No. E210012
RE: Violation of Chapter 78, Article IX, Section 78-300 of the Code of Ordinances of the
Village of Tequesta and Sections 308.1 and 308.3.2 of the International Property
Maintenance Code.
Address: 221 S US Highway 1
Tequesta, Florida 33469
Legal Description: WATERWAY VILLAGE UNREC ON AM-3 LT A
A/K/A 30-40-43, NLY 919.78 FT OF SLY 1127.52 FT
OF WLY 265.65 FT OF SE 1/4 LYG E OF & ADJ TO
S US HWY 1
PCN: 60-43-40-30-05-001-0000
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, heard testimony at
the Code Compliance Special Magistrate Hearing held on the I I` day of May, 2021, 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 Respondent is the owner of the above -described property.
2. The Respondent was not present at the hearing; however, there was 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 May 11, 2021, based on the testimony and evidence
presented by Code Enforcement Officer Michael Filipkowski, the property was not in
compliance with Section 78-300 of the Code of Ordinances of the Village of Tequesta and
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Sections 308.1 and 308.3.2 of the International Property Maintenance Code.
CONCLUSIONS OF LAW
The above -stated facts constitute a violation of Section 78-300 of the Code of Ordinances
of the Village of Tequesta and Sections 308.1 and 308.3.2 of the International Property
Maintenance Code.
Accumulated Garbage and Open/Unsecured Dumpster Covers
The Respondent is hereby ordered to comply with Sections 308.1 and 308.3.2 of the
International Property Maintenance Code on or before May 28, 2021. If the Respondent fails to
achieve compliance on or before May 28, 2021, a daily Fine of Twenty -Five Dollars ($25.00) per
day may be imposed for each day the violation continues to exist.
Location and Screening of Dumpsters
The Respondent is further ordered to comply with Section 78-300 of the Code of
Ordinances of the Village of Tequesta on or before July 9, 2021. If the Respondent fails to
achieve compliance on or before July 9, 2021, a daily Fine of One Hundred Dollars ($100.00)
per day may be imposed for each day the violation continues to exist.
The Respondent is further ordered to appear at the Status/Fine Assessment Hearing which
will be held on the 13`h day of July, 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.
The Respondent is also assessed Two Hundred Dollars and Ninety -Two Cents ($200.92)
for administrative costs incurred by the Village for the May 11, 2021 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
Respondent to contact the Code Compliance Division at (561) 768-0519 to request a
reinspection of the property.
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DONE AND ORDERED THIS Jq day of May, 2021.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPSIAL MAGISTRATE
I:
Filed with Village Clerk
Date: -2
B
MAGISTRATE
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