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HomeMy WebLinkAboutOrders_Code Enforcement_12/07/2009_Paul SedelnikCODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING IRREPARABLE/IRREVERSIBLE VIOLATION AND ASSESSING FINE VILLAGE OF TEQUESTA, Petitioner, vs. PAUL SEDELNIK, Respondent. Case No. 2009-000101 Filed with Village Clerk Date: ~o~~l/~09 P By,: .. RE: Violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. Address: 103 Magnolia Way Tequesta, Florida 33469 Legal Description: RIVERSIDE OAKS REPL LT 1 PCN: 60-43-40-25-45-000-0010 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 aid day of December, 2009 and based on the evidence and testimony presented, entered an Order Finding Irreparable/Irreversible Violation and Assessing Fine. The following Findings of Fact, Conclusions of Law and Order are hereby entered: FINDINGS OF FACT 1. The Respondent is the owner for the above-described property. 2. The Respondent was not present at the hearing; however there was a finding of proper notice. 3. The neighbor of the Respondent, Pamela Lazarus, was present and was called as a witness and testified to her observation of the violations. 4. As of the hearing on December aid, 2009, based on testimony and photographs presented by Code Enforcement Officer Joe Petrick and Pamela Lazarus, as contained in the Village's evidentiary case file which was accepted into evidence, along with additional photographs which were identified and accepted into evidence as the Village's Exhibits 2, 3 and Page 1 of 2 4, the property was in violation of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta on two separate dates. CONCLUSIONS OF LAW The above-stated facts constitute two separate violations of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. ORllER It is the Order of the Special Magistrate that Respondent cease and desist immediately any further violations of Chapter 10 Article II Section 10-34 of the Code of Ordinances of the Village of Tequesta. It is the further Order of the Special Magistrate that the above violations are irreparable or irreversible in nature pursuant to Chapter 2 Article IV Section 2-187 of the Code of Ordinances of the Village of Tequesta and that a fine of $100.00 for each separate violation is assessed totaling a fine of $200.00. Additionally, a fine of $100.00 shall be assessed for all future violations of Chapter 10 Article II Section 10-34 which are proved by the Village. Respondent shall be assessed $221.15 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 Respondent 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 BY: 1.~,~z--rte ~ !;i-~1~~~ KEVIN WAGNER, SPECIAL MAGISTRATE Page 2 of 2