HomeMy WebLinkAboutOrders_Code Enforcement_05/28/2010_John and Anna La Comb CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING HEALTH, SAFETY, WELFARE VIOLATION
VILLAGE OF TEQUESTA, Case No. 2010410059
Petitioner,
VS.
JOHN AND ANNA LA COMB,
Respondents.
RE: Violation of Chapter 30 Article II Section 30 -32, Chapter 30 Article II Section 30 -33,
Chapter 78 Article IX Section 78 -399 and Chapter 78 Article IX Section 78 -585 of the Code of
Ordinances of the Village of Tequesta.
Address: 380 Church Road
Tequesta, Florida 33469
Legal Description: JUPITER IN THE PINES SEC B LT 1 BLK 32
PCN: 60- 4240- 25 -06- 032 -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 27 day of May, 2010
and based on the evidence and testimony presented, entered an Order Finding Health, Safety and
Welfare 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. The Respondents were not present at the hearing; however, 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 May 27 2010, 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 -32,
Chapter 30 Article II Section 30 -33, Chapter 78 Article IX Section 78 -399 and Chapter 78
Article IX Section 78 -585 of the Code of Ordinances of the Village of Tequesta and such
violation constitutes a serious threat the health, safety and welfare of the public.
ORDER
Respondents are hereby ordered 1
po a to comply immediately with Ch 30 Article I
Y PY Y P I
Section 30 -32, Chapter 30 Article II Section 30 -33, Chapter 78 Article IX Section 78 -399 and
Chapter 78 Article IX Section 78 -585 of the Code of Ordinances of the Village of Tequesta.
SHOULD YOU FAIL TO COME INTO COMPLIANCE, PURSUANT TO § §162.06(4)
AND 162.09(1), F.S., THE VILLAGE OF TEQUESTA IS HEREBY AUTHORIZED TO
ENTER UPON THE PROPERTY AND ABATE THE HEALTH, SAFETY AND WELFARE
VIOLATIONS. SUCH AUTHORIZATION DOES NOT CREATE A CONTINUING
OBLIGATION ON THE PART OF THE VILLAGE TO MAKE FURTHER REPAIRS OR TO
MAINTAIN THE PROPERTY. ANY COSTS INCURRED BY THE VILLAGE TO ABATE
THE HEALTH, SAFETY AND WELFARE VIOLATIONS SHALL BE ASSESSED AGAINST
RESPONDENTS.
A Fine Assessment Hearing will be held before the Special Magistrate on June 24, 2010
at 10:00 a.m. 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.
It is further order of the Special Magistrate that Respondents shall be assessed $358.08
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
Respondents to contact the Code Compliance Division at (561) 575 -3826 to request a
reinspection of the property.
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DONE AND ORDERED THIS D% day of May, 2010.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRATE
BY: �/-
VIN WAGNER, S ECIAL MAGISTRATE
Filed with Village Clerk
Date: &
By:
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