HomeMy WebLinkAboutOrders_Code Enforcement_05/28/2010_Royal Tequesta, LLC and Donald Allison CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING HEALTH, SAFETY AND WELFARE VIOLATION
VILLAGE OF TEQUESTA, Case No. 2010 - 000036
Petitioner,
VS.
ROYAL TEQUESTA LLC;
DONALD ALLISON,
Respondents.
RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village
of Tequesta.
Address: 734 -746 US HWY 1
Tequesta, Florida 33469
Legal Description: 30- 40 -43, N 200 FT OF S 650 FTOF GOV LT 1 LYG W
OF SR 5 & ADDL R/W and 30- 40 -43, N 150 FT OF S 800
FTOF GOV LT 1 W OF SR 5 & ADDL R/W (LESS TR IN
OR950P192)
PCN: 60- 43- 40- 30 -00- 001 -0170 and 60- 4340- 30 -00- 001 -0120
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 -33 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 to comply with Chapter 30 Article II Section 30 -33 of
the Code of Ordinances of the Village of Tequesta no later than June 3, 2010 at 10:00 a.m.
SHOULD YOU FAIL TO COME INTO COMPLIANCE BY JUNE 3, 2010,
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 July 22, 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 $252.91
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 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.
DONE AND ORDERED THIS day of May, 2010.
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