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HomeMy WebLinkAboutOrders_Code Enforcement_7/13/2021_E210012_RCMR JV LLCCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER ASSESSING FINE VILLAGE OF TEQUESTA, Case No. E210012 Petitioner, VS. RCMR JV LLC, Respondent. 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, has heard testimony at the Code Compliance Special Magistrate Hearing held on the 131 day of July, 2021, and based on the evidence and testimony presented, enters an Order Assessing Fine. The following Findings of Fact, Conclusions of Law and Order are hereby entered: FINDINGS OF FACT 1. The Respondent is the owner of the above -described property. Page 1 of 3 The Respondent was not present at the hearing; however, there was a finding of proper notice. 3. By the "Order Finding Violation" dated May 14, 2021, the Special Magistrate ordered the Respondent to comply with Sections 308.1 and 308.3.2 of the International Property Maintenance Code on or before May 28, 2021 and with Section 78-300 of the Code of Ordinances of the Village of Tequesta on or before July 9, 2021. 4. Based upon the evidence, pictures and testimony presented at the hearing on July 13, 2021, the Special Magistrate found that the property achieved compliance with Section 308.1 of the International Property Maintenance Code and Section 78-300 of the Code of Ordinances of the Village of Tequesta within the dates specified in the Order Finding Violation; however, the property remains in violation of Section 308.3.2 of the International Property Maintenance Code (open/unsecured dumpster covers). CONCLUSIONS OF LAW The above -stated facts constitute a continuing violation of Section 308.3.2 of the International Property Maintenance Code. ORDER It is the Order of the Special Magistrate that a Fine of One Thousand One Hundred Twenty -Five Dollars ($1,125.00) be assessed against the property, at Twenty -Five Dollars ($25.00) per day, for the violation which has existed on the property beginning from May 29, 2021 through July 13, 2021, a period of forty-five (45) days; and the fine amount shall continue to accrue at Twenty -Five Dollars ($25.00) per day until compliance is achieved. The Respondent is further assessed One Hundred Eighty -Five Dollars and Ninety -Six Cents ($185.96) for administrative costs incurred by the Village for the July 13, 2021 hearing. Administrative costs in the amount of Two Hundred Dollars and Ninety -Two Cents ($200.92) for administrative costs incurred by the Village for the May 11, 2021 hearing are also reaffirmed. 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 exists 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 to contact the Code Compliance Division at (561) 768-0519 to request a reinspection of the property. Page 2 of 3 DONE AND ORDERED THIS J day of July, 2021. Filed with Villaize Clerk Date: '1 By: VILLAGE OF TEQU TA CODE CO SPECI L MAGISTRATE Page 3 of 3 WA6 R, WECIAL MAGISTRATE