HomeMy WebLinkAboutOrders_Code Enforcement_05/28/2010_Patricia Hegarty CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING HEALTH, SAFETY AND WELFARE VIOLATION
VILLAGE OF TEQUESTA, Case No. 2010 -00058
Petitioner,
Filed with Village Clerk
VS.
Date:,�" (
PATRICIA HEGARTY By-
Respondent.
RE: Violation of Chapter 30 Article II Section 30 -33 and Chapter 78 Article IX Section 78-
585 of the Code of Ordinances of the Village of Tequesta.
Address: 81 Fairview East
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 532
PCN: 60- 42- 40- 26 -01- 000 -5320
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 Respondent is the owner for the above - described property.
2. Respondent was 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.
CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Chapter 30 Article II Section 30 -33 and
Chapter 78 Article IX Section 78 -585 of the Code of Ordinances of the Village of Tequesta, and
said violation of Chapter 78 Article IX Section 78 -585 constitutes a serious threat the health,
safety and welfare of the public.
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ORDER
Respondent is hereby ordered to comply immediately with Chapter 78 Article IX Section
78 -585 of the Code of Ordinances of the Village of Tequesta.
SHOULD YOU FAIL TO COME INTO COMPLIANCE WITH CHAPTER 78
ARTICLE IX SECTION 78 -585, 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 RESPONDENT.
It is the further order of the Special Magistrate that Respondent comply with Chapter 30
Article II Section 30 -33 no later than June 10, 2010 at 10:00 a.m. Should you fail to come into
compliance as required by this Order, a fine of $250.00 per day may be assessed for each day the
violation continues.
This matter is hereby scheduled for a Fine Assessment Hearing on June 24, 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.
Respondent shall be assessed $268.91 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 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 May, 2010.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRATE
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BY: -
VIN WAGNER, SPECIAL MAGISTRATE
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