HomeMy WebLinkAboutOrders_Code Enforcement_09/29/2009_Mary and John HuesgenCODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA, Case No. 2009-000154
Petitioner,
vs.
MARY and JOHN HUESGEN,
Respondents.
RE: Violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village
of Tequesta.
Address: 9 Chapel Court
Tequesta, Florida 33469
Legal Description: CHAPEL COURT SEC 1 LT 36
PCN: 60-42-40-25-31-000-0360
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 24th day of September,
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 Respondents are the owners for the above-described property.
2. The Respondents, MARY and JOHN HUESGEN, were present at the hearing and
there was a finding of proper notice.
3. Officer Petrick testified to and offered photographs depicting the existing
violations.
4. Respondents testified that they required six (6) months to bring the property into
compliance due to financial issues. Respondents further testified that beyond the swimming pool
screen enclosure which is in violation, the property is enclosed with a secure fence and self
latching gate, and that therefore, the swimming pool is not exposed to access.
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.
ORDER
The Respondents are in violation of the Code of Ordinances of the Village of Tequesta.
Respondents are 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 March 24, 2010. Should Respondents
fail to come into compliance as required by this Order, a fine of $25.00 per day shall be assessed
for each day the violation continues. In addition, the Village is hereby authorized to inspect the
condition of the fence and gate periodically, at the Village's discretion, to ensure that the
swimming pool remains secure from access. Should the Village determine at any time that the
condition of the fence or gate renders the swimming pool subject to access prior to the screen
enclosure being brought into compliance, the Village may bring this matter for a Fine
Assessment Hearing and a fine of $25.00 per day shall be assessed for every day that the
condition of the fence or gate renders the swimming pool subject to access.
Additionally, a Fine Assessment Hearing is herby scheduled for March 25, 2010 at 10:00
in the Village Council Chambers, 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.
Respondents shall be assessed $208.44 for administrative costs to be paid immediately.
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
Respondents to contact the Code Compliance Division at (561) 575-3826 to request a
reinspection of the property.
DONE AND ORDERED THIS ~~ ~ day of September, 2009.
VILLAGE OF TEQUESTA
CODE COMPLIAN~1~ SPECIAL MAGISTRATE
~1l
VIN WAGNER, SPECIAL MAGISTRATE
Page 2 of 2