HomeMy WebLinkAboutOrders_Code Enforcement_3/8/2022_E210213_Robert and Gail FeeleyCODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. E210213
Petitioner,
vs.
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, has heard
testimony at the Code Compliance Special Magistrate Hearing held on the 8' day of March,
2022, 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 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. By the "Order Finding Violation" dated January 11, 2022, the Special Magistrate
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ordered the Respondents 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.
The Special Magistrate further ordered the Respondents 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.
4. Based upon the evidence, pictures and testimony presented at the hearing on
March 8, 2022, the Special Magistrate found that the Respondents had applied for a Village
building permit, but not by the above -specified deadline of January 21, 2022. The Special
Magistrate further found that, as of the March 8, 2022 hearing date, the Respondents had not
paid the applicable building permit fee, and therefore the building permit had not been issued by
the Village.
CONCLUSIONS OF LAW
The above -stated facts constitute a continuing 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
It is the Order of the Special Magistrate that a Fine of Two Thousand, Three Hundred
Dollars ($2,300.00) be assessed against the property, at Fifty Dollars ($50.00) per day, for
the violations which have existed on the property beginning from January 22, 2022 through
March 8, 2022, a period of forty-six (46) days; and the fine amount shall continue to accrue at
Fifty Dollars ($50.00) per day until compliance is achieved.
The Respondents are further assessed One Hundred Eighty -Seven Dollars and Thirty -
Three Cents ($187.33) for administrative costs incurred by the Village for the March 8, 2022
hearing. Administrative costs in the amount of One Hundred Ninety -Nine Dollars and Sixty -Six
Cents ($199.66) for administrative costs incurred by the Village for the January 11, 2022 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 Respondents,
pursuant to Chapter 162, Florida Statutes.
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.
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DONE AND ORDERED THIS jj_ day of March, 2022,
Filed with Village Clerk
Date: -1J' 1oZ'L—
B i
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPF
W.
MAGISTRATE
MAGISTRATE
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