HomeMy WebLinkAboutOrders_Code Enforcement_9/14/2021_E200160_Branch Banking & TrustCODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA,
Petitioner,
VS.
BRANCH BANKING AND TRUST
COMPANY,
Respondent.
Case No. E200160
JOINT CODE COMPLIANCE STIPULATION
Re: Violation of Chapter 2, Article IV, Section 2-154, Chapter 2, Article IV, Section 2-181,
Chapter 78, Article IX, Section 78-399, Chapter 78, Article IX, Section 78-400, Chapter 78,
Article IX, Section 78-404, and Chapter 78, Article IX, Section 78-406 of the Code of Ordinances
of the Village of Tequesta.
Address: 101 N US Highway 1
Tequesta, Florida 33469
Legal Description: TEQUESTA AT WATERWAY LT 1
PCN: 60-43 -40-3 0-62-000-0010
This Joint Code Enforcement Stipulation between the Village of Tequesta ("Village") and
Branch Banking and Trust Company ("Respondent") resolves the code enforcement case identified
above in a fair and amicable manner. The Village and Respondent agree and stipulate to the
following:
1. On January 12, 2021, Respondent's above -referenced property ("Subject Property") was
found to be in violation of Chapter 2, Article IV, Section 2-154, Chapter 2, Article IV,
Section 2-181, Chapter 78, Article IX, Section 78-399, Chapter 78, Article IX, Section 78-
400, Chapter 78, Article IX, Section 78-404, and Chapter 78, Article IX, Section 78-406
of the Code of Ordinances of the Village of Tequesta (Order Finding Violation, dated
January 25, 2021).
2. On March 9, 2021, an Order Assessing Fine was issued for the continuing violation of
Chapter 2, Article IV, Section 2-154, Chapter 2, Article IV, Section 2-181, Chapter 78,
Page 1 of 4
Article IX, Section 78-399, Chapter 78, Article IX, Section 78-400, Chapter 78, Article IX,
Section 78-404, and Chapter 78, Article IX, Section 78-406 of the Code of Ordinances of
the Village of Tequesta, assessing a fine of Three Hundred Fifty Dollars ($350.00) and
continuing to accrue at Fifty Dollars ($50.00) per day until the Respondent achieved
compliance (Order Assessing Fine, dated March 12, 2021). Respondent was also assessed
administrative costs of $186.90 for the March 9, 2021 hearing and administrative costs of
$214.80 for the January 12, 2021 hearing. This order was recorded in the Official Records
of Palm Beach County at Book 32324, Pages 1375-1377 on March 26, 2021.
3. Village records indicate that Respondent brought the Subject Property into compliance
with Village codes on May 28, 2021, as stated in the Affidavit of Compliance dated May
28, 2021 and attached hereto as "Exhibit A".
4. The Village and Respondent agree that in exchange for payment to the Village by
Respondent in the amount of Two Thousand Three Hundred Dollars ($2,300.00), 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.
5. Should Respondent fail to pay the Village Two Thousand Three Hundred Dollars
($2,300.00) 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.
6. Nothing contained in this Joint Code Compliance Stipulation shall be construed as
precluding the Village from enforcing repeat violations at the Subject Property. Should
Respondent violate the same sections of the Code again, Respondent 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, Respondent 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
Page 2 of 4
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.
7. Each party shall bear its own fees and costs in connection with this matter.
8. The parties agree to the terms of this Joint Code Compliance Stipulation above.
VILLAGE OF TEQUESTA
BRANCH BANKING AND TRUST
COMPANY
VP, Assistant Corporate
Truist Bank fka Branch
Trust Company
Page 3 of 4
CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA,
Petitioner,
VS.
BRANCH BANKING AND TRUST
COMPANY,
Respondent.
Case No. E200160
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 September j9, 2021.
Vl
Filed with the Village Clerk
On: Q- l -Z.1
By: &Z
Page 4 of 4
VILLAGE OF TEQUESTA
345 Tequesta Drive - Tequesta, Florida 33469-0273
(561) 768-0450 — Fax: (561) 768-0698
AFFIDAVIT OF COMPLIANCE
CASE NO. E200160 DATE: 05/28/2021
LOCATION OF VIOLATION:
101 N US HIGHWAY I
TEQUESTA, FL 33469
I, Michael Filipkowski, have personally examined the property described above and find that said
property is (NOW) in compliance with Section(s)
Chapter 2 Article IV Section 2-154, Chapter 2 Article IV Section 2-181, Chapter 78 Article IX
Section 78-399, Chapter 78 Article IX Section 78-400, Chapter 78 Article IX Section 78-404, and Chapter 78
Article IX Section 78-406.
Affia
State of Florida
County of Palm Beach
The foregoing instrument was acknowledge before me this I day of
20 2 1 , by !" �r��a� /'r �ip�owS� Village Official / Inspector, who is personally
known to me _ or who has produced a Florida Driver's License as identification
(SEAL)
;; 'i(�;•., AHILYABHARAT-MEDFORD
{- Commission # GG 349535
Expires June 27, 2023
Bonded Thru Troy Fain Insuranca 800.385.7019
Notary,u ic, State of Florida