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.
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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
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