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HomeMy WebLinkAboutOrders_Code Enforcement_06/30/2009_Terry and Janet SmithCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER ASSESSING FINE VILLAGE OF TEQUESTA, Case No. 2009-00049 Petitioner, Filed with Village Clerk vs. Date• ~ `~" ~0 4 TERRY & JANET SMITH, By: o~o~--~ /'}'1 N-- Respondent(s). RE: Violation of Chapter 78 Article IX Section 78-339, and Chapter 30 Article II Section 30- 33 of the Code of Ordinances of the Village of Tequesta. Address: 153 Chapel Lane Tequesta, Florida 33469 Legal Description: CHAPEL COURT SEC 3 LT 20 PCN: 60-42-40-25-36-000-0200 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 25~' day of June, 2009 and based on the evidence and testimony presented, the following Findings of Fact, Conclusions of Law and Order are hereby entered: FINDINGS OF FACT 1. The Respondent(s) is/are the owner(s) for the above-described property. 2. The Respondent(s) was not present at the hearing; however there was a finding of proper notice. 3. Officer Petrick testified to and offered photographs depicting the existing violations. 4. The Order Finding Violation in this case required Respondent(s) to achieve compliance no later than June 24, 2009. Page 1 of 2 CONCLUSIONS OF LAW The above-stated facts constitute a continuing violation of Chapter 78 Article IX Section 78-339, and Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. ORDER It is the Order of the Special Magistrate that a fine be assessed for the violation that continue to exist on the property. A daily fine of $25.00 per day is hereby assessed beginning June 25, 2009 and continuing until compliance is achieved. In addition, Respondent(s) shall be assessed $262.15 for administrative costs from the Violation Hearing, and $194.68 for administrative costs from this Fine Assessment Hearing, for a total administrative cost of $456.83 to be paid immediately. 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 Officer 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. 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 exits and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is always the responsibility of the Respondent(s) to contact the Code Compliance Division at (561) 575-3826 to request a reinspection of the property. DONE AND ORDERED THIS ~ day of June, 2009. VILLAGE OF TEQUESTA CODE COMPLI CE SPECIAL MAGISTRATE - ~~,'~~: BY: ti ~ - KEVIN WAGNER, SPECIAL MAGISTRATE Page 2 of 2 IIN I Iil II IN II Ili 11 fi 1111111 Ili ii III II III II il~ ~ I CODE COMPLIAI~ICE ORDER VILLACvE O'F Tl/~~JESTA, FLORIIIA (~II~I-1gIiS A~~IES~III`~1~ I~'ll1~lE V H~1LH1RII1L ®~ ll fP~~UtPi~ ll ~9 IFcegut~a®~nerr9 vie M lEH\1Y® ]i ~% ¢Y t'~1~71G fi ~1GIl~ ll Y71q ~~ -r, ~ m €x ji7 ~-: [77 ~ ~ f' C17 ~l L) h~ m ~; :z~ ct, ~ ~ I~n9ed ~vitl~ VIl9Ia~e ~Qe~°k, ~, ~ ~ . ~ _ /,,'~~, (-"- U 1 n~7 m :~7 r.~ RE: Violation of Chapter 78 Article I~ Section 7~-339, and Chapter 30 Article II Section 30- 33 of the Code of Ordinances of tl-~e Village of Tequesta. Address: 153 Chapel Lane Tequesta, Florida 33469 Legal Description: CHAPEL COURT SEC 3 LT 20 PCIV: 60-42-40-25-36-000-4200 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 25th day of June, 2009 and based on the evidence and testimony presented, the following Findings of Fact, Conclusions of Law and Order are hereby entered: F'II~Ti-I1~TGS ®1F 1FAC'I' 1. The Respondent(s) is/are the owner(s) for the above-described property. 2. The Respondent(s) was not present at the hearing; however there was a finding of proper notice. a 3. Officer Petrick testified to and offered photographs depicting the existing violations. 4. The Order Finding Violation in this case required Respondent(s) to achieve compliance no later than June 24, 2009. /yC s lYp~-y~~D~. ~;•~ y951`c~ ' ,e`' Page 1 of 2 ,. ~J.Y ~J.Y 1„ ~} ...,.1 QY -mod n J~= m '~ A ~: ~J I rr :f ~~ ct~ :~, ~~y rte -e~ ray o~ -~.t o~ ~~y o~ Y ,.~ ~, i HEREBY CERTIFY THE ABOVE= AND FOREGOING IS A TRUE AND CORRECT COPY APPEARING FROM THE RECORDS IN THE VILLAGE CLERK'S OFFICE VILLAGE OF TEQUESTA, FLORIDA AND EREBY AFFI~TH OFFICIAL SEAL THIS ..~=. DAY OFD, i./ _ , ~,~ , PO C~NCL1.JSg®I~1S ~1H` T~,A~ The above-stated facts constitute a continuing violation of Chapter 78 Article IX Section 78-339, and Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta. ®RDER It is the Order of the Special Magistrate that a fine be assessed for the violation that continue to exist on the property. A daily fine of $25.00 per day is hereby assessed beginning June 25, 2009 and continuing until compliance is achieved. In addition, Respondent(s) shall be assessed $262.15 for administrative costs from the Violation Hearing, and $194.68 for administrative costs from this Fine Assessment Hearing, for a total administrative cost of $456.83 to be paid immediately. 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 Officer is not required to give a reasonable time to correct the repeat violation and the case may be presented to tl-~e Special Magistrate even if the- repeat violation has been corrected prior to the Special Magistrate hearing. 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 exits and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. Upon complying in any code compliance matter, it is atways the responsibility of the Respondent(s) to contact the Code Compliance Davision at (561) 575-3826 to request a reinspection of the property. DONE AND ORDERED THIS ~_ day of June, 2009. VILLAGE OF TEQUESTA CODE COMPL~CE SPECIAL MAGISTRATE x ~,. KEVIN WAGNER, SPECIAL MAGISTRATE Page 2 of 2