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HomeMy WebLinkAboutOrders_Code Enforcement_1/11/2022_E210213_Robert and Gail FeeleyCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING VIOLATION VILLAGE OF TEQUESTA, Petitioner, vs. Case No. E210213 ROBERT E. FEELEY & GAIL I. FEELEY, Respondents. RE: Violation of Chapter 14, Article II, Section 14-31 and Chapter 14, Article I, Section 14-6 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition). Address: 121 Fairview E. Tequesta, Florida 33469 Legal Description: TEQUESTA LT 541 PCN: 60-42-40-26-01-000-5410 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 III day of January, 2022, 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 The Respondents are the owners of the above -described property. 2. The Respondents were 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. Village of Tequesta Utilities Department Technician Vincent Chesnes also provided testimony and evidence of the violation. 5. As of the hearing on January 11, 2022, based on the testimony and evidence presented by Code Enforcement Officer Michael Filipkowski and Utilities Department Technician Vincent Chesnes, the property was not in compliance with Sections 14-31 and 14-6 of Page 1 of 2 the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition). CONCLUSIONS OF LAW The above -stated facts constitute a violation of Sections 14-31 and 14-6 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition). ORDER Applying for Village Building Permit The Respondents are hereby ordered to comply with Sections 14-31 and 14-6 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition), with respect to applying for the appropriate Village building permit, on or before January 21, 2022. If the Respondents fail to achieve compliance on or before January 21, 2022, a daily Fine of Fifty Dollars ($50.00) per day may be imposed for each day the violation continues to exist. Completing Work as Required by Village Building Permit The Respondents are further ordered to comply with Sections 14-31 and 14-6 of the Code of Ordinances of the Village of Tequesta and Section 105.1 of the Florida Building Code (Seventh Edition), with respect to completing all work as required by the appropriate Village building permit, on or before February 10, 2022. If the Respondents fail to achieve compliance on or before February 10, 2022, a daily Fine of Fifty Dollars ($50.00) per day may be imposed for each day the violation continues to exist. The Respondents are further ordered to appear at the Fine Assessment Hearing/Status Hearing which will be held on the 8" day of March, 2022 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. Respondents are also assessed One Hundred Ninety -Nine Dollars and Sixty -Six Cents ($199.66) for administrative costs incurred by the Village for the January 11, 2022 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 Respondents to contact the Code Compliance Division at (561) 768-0519 to request a reinspection of the property. Page 2 of 2 DONE AND ORDERED THIS I 1 day of January, 2022. Filed with Village Clerk Date: 1-0-10a d BY: Page 3 of 2