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HomeMy WebLinkAboutOrders_Code Enforcement_1/11/2022_E210019_Bank of AmericaFILED: Vill ge of Tequesta Date: i ti CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, Petitioner, VS. BANK OF AMERICA, Respondent. Case No. E210019 JOINT CODE COMPLIANCE STIPULATION Re: Violation of Chapter 78, Article IX, Section 78-612 of the Code of Ordinances of the Village of Tequesta. Address: 150 Tequesta Drive Tequesta, Florida 33469 Legal Description: 2003 TEQUESTA ASSOC LLC LT 1 PC N: 60-43-40-30-52-000-0010 This Joint Code Enforcement Stipulation (this "Stipulation") between the Village of Tequesta ("Village") and Bank of America (the legal name of which is Bank of America, National Association) ("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 May 11, 2021, Respondent's above -referenced property ("Subject Property") was found to be in violation of Chapter 78, Article IX, Section 78-612 of the Code of Ordinances of the Village of Tequesta (Order Finding Violation, dated May 14, 2021). 2. On July 13, 2021, an Order Assessing Fine was issued for the continuing violation of Chapter 78, Article IX, Section 78-612 of the Code of Ordinances of the Village of Tequesta, assessing a fine of One Thousand Two Hundred Dollars ($1,200.00) and continuing to accrue at Twenty -Five Dollars ($25.00) per day until the Respondent achieved compliance (Order Assessing Fine, dated July 16, 2021). Respondent was also assessed administrative costs of $192.92 for the May 11, 2021 hearing, and administrative costs of $188.96 for the July 13, 2021 hearing. Page 1 of 4 3. Village records indicate that Respondent brought the Subject Property into compliance with Village codes on July 17, 2021, as stated in the Affidavit of Compliance dated July 17, 2021, and attached hereto as "Exhibit A". 4. On August 10, 2021, the Village received payment from Respondent in the amount of Eight Hundred Dollars ($800.00), and pursuant to this Stipulation, the Village has agreed to accept such payment in full satisfaction of the fine and costs set forth in Paragraph 2 of this Stipulation. 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 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 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. [REST OF PAGE LEFT INTENTIONALLY BLANK] Page 2 of 4 SIGNATURE PAGE FOR JOINT CODE COMPLIANCE STIPULATION THIS JOINT CODE COMPLIANCE STIPULATION IS EXECUTED as of the date on which the latter of the parties signs it, as evidenced in the below signature blocks. VILLAGE OF TEQUESTA By: N Jose Rodrigu It Director, Vi ge Buildin Department BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking asso ' i n By: Name: S h e Ct r, Title:- V i U P rc 5i Ja,47 Date: lT 2-0 2, Page 3 of 4 CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, Case No. E210019 Petitioner, VS. BANK OF AMERICA, Respondent. 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 this day of , 202 Z Filed with the Village Clerk On: j I ABy: 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. E210019 DATE: 07/17/2021 LOCATION OF VIOLATION: 150 TEQUESTA DR TEQUESTA, FL 33469 1, Michael Filipkowski, have personally examined the property described above and find that said property is (NOW) in compliance with Section(s) Chapter 78 Article IX Section 78-612 Affiiant State of Florida County of Palm Beach The foregoing instrument was acknowledge before me this 2� day of 202 , by 1" �r ,hat I / �' PKy�3� , Village Official / Inspector, who is personally known to me _ or who has produced a Florida Driver's License as identification _. %--\ (SEAL) Notary Publip,\516te of FlY KASEY FYDA Commission # GG 294873 "x • .� Expires January 24, 2023 onscd Thru Troy Fain Insurance 8003W7019