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HomeMy WebLinkAboutOrders_Code Enforcement_01/24/2008_Palm Corp Inc. and William BellJa~.~4~. ~JQB 4.16PM LA~V ~FFI~ES No.3f3~ ~. 1 CEDE ENFC}RCEMENT ©RDBR VILLAGE OF TE(~UES'I'A f~RDER_A.S,S,ESS~N~ FINE VILLAGE QF TEQUESTA, Petitioner, Case No. 2~7-~016~ v. PALM CCRP INC. aad WILLIAM BELL CC?NSTRUCTION, Respondents. Re: Violation of Florida Building Codes Adopted Chapter 14 Article II Section 14~ 1 and Building Codes} Chapter 1 Section 110, of the Cade of Qrdinances of the Village o£Tequesta. Address: 4DQ CYPRESS DRIVE Tequesta, Florida 3346 Legal Description: TEQCTESTA CQ1VIlI~IERCE BLTIIrDING C©NDQI~~:[NIUM The Special Magistrate appointed. by the Vtliage of Tequesta to hear code ~.ent cases far the Village of `I*equesta, in acccardance with Chapter 162, Florida Statutes, hag heard testimony at the Cade Enforcement Hearing held on the ~4a' day ofranuary, 20(tS, and based. on the evidence and testimony presented., the following FINDINGS QF FACT, CUNCZ~USIC?NS QF LAW, and QRDBR are hereby entered: FIlVDINGS C}F FACT 1. The Respondents, PA~.M CQRp 11wIC.x and WILLIAM DELL CGATSTRYSCTIQN, were represented at the hearing by Attorney Donald Braal~s, and there was a finding of proper notice, 2. Attorney Scott Hawkins, represented the Village at the hearing 3. The Tequesta Cade Enlbrcement Clfllcsr testifi~l to the ongoing violation. C4N'CT~L"SION`S OF LAW Respondent remains in violation of Florida Building Codes Adopted Chapter 1 ~ Article ~l: • ~aa.~'. 2Q~8 4.{f~M LAS ~FFICE~ N~.3739 P. Sectie~n 14-31 and Building Code(s~ Chapter 1 Section 110, pf'the Cede of Ordinances t-f the • Village of Tequesta, ORDER It is the Order ofthe Code Enforcement Special Magistrate that Respo~deats, PALM CORD A~IC., and "4~']Alt~ FELL CQITFtUCTIQN, shall in~rnediately comgly with Florida building Codes Adopted Gl~a~pter 14 ArtXCle~ motion 14-31 andBuilding Codes} Chapter 1 Section 11~, of the Code of Ordinanc+~s of the Village of Tequesta. A fine of t~va~-hundred-fifty=doilsxs ($~Stl.f~~ peg dayis hereby as~esse~l fc~r the violation that has existed. The find is imposed beginning January 6, 2QQ8, and will continue to accrue at two- hundred-fifty-dollars ($25~,Q~) per day fc~r•each day the violation continues to exist. Respondents shall iznmccliately gay the administrative cost ofthree-thousand-seventy-hvt~- dcrllars and seventyt-eight-cents (3xQ72.78~ that was assessed at tt~e hearixtg held on D~ember 6, 207. A cerkified copy cif this Order may be recorded in the Public Records of Palm Leach County, F'Iorid~t, and, once recorded, shall constitute a lien agait the property of the orig1na~I amount upon which the violation existed. and upon any other real or personal groPertY owned by the pondent, pursuant ~ Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondent to notify the Village Qf Tequesta Code Enforcement Clerk at (~fi I } 5'75-3826 to request a reis~spectiork of the property. DQ1YE ANi] UR1?ERED this 2~a° day of Ianuary, 2{IQB. VILLAGE OF TEQS`~A CODE El~FORCLM~TT BY: pedal Magistrate U.S. Postal Service <<, CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance CoVeranP•~rovide~d) , For delivery Information visit n... ..... J Henry Cartwright, Esq. Fox, Wackeen, Dungey, Beard,- Sobel, Bush & McC p° 3473 SE Willoughby Boulevard r` P.O. Drawer 6 Stuart, Florida 34995-0006 Re: 400 Cypress Drive, Tequesta, Florida 33469 Code Enforcement Case No. 2007-00162 Dear Mr. Cartwright: Postrnark Here I am writing you in your capacity as counsel for the Tequesta Commerce Building Condominium Owners Association, Inc. I have reviewed the Village of Tequesta code enforcement case file for .Case No. 2007-00162, Village of Tequesta v. Palm Corp, Inc. and William Bell Construction, and have discussed the matter with Village staff and with the Village Council at a Special Council meeting held on May 29, 2009. As you are aware, although an Order Assessing Fine was rendered by the Code Enforcement Special Magistrate on January 24, 2008, that Order has never been recorded in the public records or otherwise reduced to a lien against the subject property. Moreover, even though Tequesta Commerce Building Condominium Owners Association, Inc. is now the entity that owns the common elements of the subject property, it was never made a party to the code enforcement case. Therefore, after careful review, the Village has determined that it would be inappropriate to attempt to enforce that order or any other order in Case No. 2007-00162, against the Tequesta Commerce Building Condominium Owners Association, Inc. As such, please accept this correspondence as notice that the Village of Tequesta will not attempt to enforce any order rendered in Case No. 2007-00162, Village of Tequesta v. Palm Corp, Inc. and William Bell Construction against the Tequesta Commerce Building Condominium Owners Association, Inc. Should you have any questions regarding this matter, please feel free to contact me. Sincerely, - ®-- Michael Couzzo, Village Manager cc: Keith W. Davis, Village Attorney (via facsimile) Catherine Harding, Village Community Development Director 345 Tequesta Drive •Tequesta, Florida 33469 (561) 575-6200 • Fax: (561) 575-6203 www.tequesta.org VILLAGE ®F TEi ~ ,~ e p cerdnetl Fee May 29, 20 p RetumReceiptFee p (Endorsement Required) Via U. S. Certified Mail, Retu ,° f1J m Restdcted Delhrery Fee (Endorsement Required) Total Postage & Fees Village of Tequesta Village Clerk's Office 345 Tequesta Drive Tequesta, FL 33469 561-575-6200 ext. 244 ;- To: Keith Davis, Esq. Fa~c 586-9611 Pha:e: Re: ^ Urgent ^ For Review From: Betty Laur Pages: 2 Date: 5/29/2009 CC: ^ pig Reply ^ Per Your Request Attached find copy of letter regarding 400 Cypress Drive, Tequesta, FL MESSAGE CONFIRMATION NAME~NUMBER PAGE START TIME ELAPSED TIME MODE RESULTS 95869611 2 MAY-29-2009 01:40PM FRI 00' 50" STD G3 [ O.K ] MAY-29-2009 01:41 PM FRI FAX NUMBER NAME