HomeMy WebLinkAboutOrders_Code Enforcement_12/07/2009_Donnini Enterprises Gerald and James DonniniCODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION AND SETTING STATUS HEARING
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2009-000192
Filed with Village Clerk
vs.
Date: ~~~tl ~d '~
DONNINI ENTERPRISES ,,y~~
GERALD and JAMES DONNINI By: ~~- '' `~~~~,`~.,
Respondents.
RE: Violation of Chapter 30 Article II Section 30-33 of the Code of Ordinances of the Village
of Tequesta.
Address: 104 US Highway 1
Tequesta, Florida 33469
Legal Description: 30-40-43, NLY 160-08 FT OF SLY 1370.57 FT OF ELY
125.7 FT OF PT OF GOV LTS 3 & 4 & SW '/4 LYG W OF
& ADJ TO US HWY
PCN: 60-43-40-30-00-003-0010
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 3`d day of December, 2009 and
based on the evidence and testimony presented, entered an Order Finding Violation. 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. Respondent, James Donnini, was present at the hearing and testified to his
attempts to bring the property into compliance. There was a finding of proper notice.
3. Code Enforcement Officer Joe Petrick provided testimony and evidence of the
violation, as contained in the Village's evidentiary case file which was accepted into evidence.
As of December 3, 2009, the property is not in compliance.
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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.
ORDER
Respondents are in violation of Chapter 30 Article II Section 30-33 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 no later than
January 28, 2010 at 10:00 a.m.
This matter is hereby scheduled for a status hearing on January 28, 2010 at 10:00 a.m. to
be held at the Village hall Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469. The
Special Magistrate hereby retains jurisdiction to enter further orders in this matter as appropriate.
Respondents shall be assessed $268.15 for administrative costs 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 Respondents, 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 December, 2009.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRATE
.- ~ 1
KEVIN WAGNER, SPECIAL MAGISTRATE
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