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HomeMy WebLinkAboutOrders_Code Enforcement_06/30/2009_Matthew TaylorCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING VIOLATION VILLAGE OF TEQUESTA, Case No. 2009-00087 Petitioner, vs. MATTHEW TAYLOR, Filed with Village Clerk Dateā€¢ ~ a~ D Respondent(s). RE: Violation of Chapter 30 Article II Section 30-32 of the Code of Ordinances of the Village of Tequesta. Address: 320 Tequesta Drive Tequesta, Florida 33469 Legal Description: JUPITER IN THE PINES SEC D LT 12 BLK 35 PCN: 60-43-40-30-04-035-0020 The Special Magistrate appointed by the Village Council to heaz code compliance cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heazd testimony at the Code Compliance Special Magistrate Hearing held on the 25`f' day of June, 2009 and based on the evidence and testimony presented, the following Findings of Fact, Conclusions of Law and Order aze hereby entered: FINDINGS OF FACT 1. The Respondent(s) is/aze the owner(s) for the above-described property. 2. The Respondent(s) was present at the hearing; there was a finding of proper notice. 3. Officer Petrick testified to and offered photographs depicting the existing violations. In addition, Mary Jane Crellin, Respondent's neighbor, offered testimony regarding the root encroachment from Respondent's Banyan Tree. Finally, John Hornack, Esq., on behalf of Ms. Crellin, made azgument regazding the existence of a violation and a nuisance. 4. Mr. Taylor testified and offered photographs, and azgued that there was no violation. Page 1 of 2 CONCLUSIONS OF LAW The above-stated facts constitute a violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta to the extent that the root system of the existing Banyan Tree on Respondent's property has caused damage to the property of Ms. Crellin. ORDER Respondent is hereby ordered to comply with Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village of Tequesta by 4:00 p.m. on July25, 2009. The imposition of fines and administrative costs is stayed pending a status hearing to be held in this matter on July 23, 2009 at 10:00 a.m. at the Village of Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida 33469. 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. 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 5 ~, day of June, 2009. VILLAGE OF TEQUESTA CODE COMPLIA ESPECIAL MAGISTRATE !~ ~C~ BY: ~ c ~ VIN WAGNER, SPECIAL MAGISTRATE Page 2 of 2