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
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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.
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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
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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