HomeMy WebLinkAboutOrders_Code Enforcement_06/28/2010_Inland South East Tequesta Daniel Aguirre CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. 201040006
Petitioner,
VS.
Inland South East Tequesta LLC,
DDR SE Tequesta LLC,
CT Corporation System,
Daniel Aguirre,
Respondent.
RE: Violation of Chapter 14 Article VI Section 14 -152, Chapter 30 Article R Section 30 -33
and Chapter 78 Article IX Section 78 -399 of the Code of Ordinances of the Village of Tequesta.
Address: 105 US Highway 1
Tequesta, Florida 33469
Legal Description: 30- 40-43. WLY 692.40 FT OF GOVLT 3 LYG E OF &
ADJ TO SR 5 (LESS N 200 FT, PB61P32 & PB65PI03) &
NLY 121.76 FT OF ELY
PCN: 60- 43- 40- 30 -00- 003 -0050
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 Hearing held on the 24 day of June, 2010, and based on the
evidence and testimony presented, entered an Order 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 present at the hearing, represented by Daniel Aguirre. There
was a finding of proper notice.
3. Officer Petrick testified that the code violations relative to the damaged wall were
brought into compliance as of June 9, 2010. Officer Petrick further testified that the code
violations relative to the vegetation and irrigation system remained in violation.
4. Mr. Aguirre testified that since the property site plan did not require sod, he did
not believe that he was required to use sod to comply.
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CONCLUSIONS OF LAW
Based on the above - stated facts, Respondent remains in violation of Chapter 30 Article II
Section 30 -33 and Chapter 78 Article IX Section 78 -399 of the Code of Ordinances of the
Village of Tequesta.
ORDER
It is the Order of the Special Magistrate that for the previous violation of Chapter 14
Article VI Section 14 -152, a total fine of $1,200.00 is hereby assessed, representing 48 days of
during which this condition remained in violation past the deadline for compliance of April 22,
2010 as set by the Special Magistrate in the Order Finding Violation.
It is the further Order of the Special Magistrate that for the violations of Chapter 30
Article 11 Section 30 -33 and Chapter 78 Article IX Section 78 -399 a daily fine of $25.00 per day
is hereby assessed beginning April 22, 2010 and continuing until compliance is achieved.
In addition, Respondent shall be assessed a total of $928.80 for administrative costs from
the Violation Hearing, the May Fine Assessment Hearing and this Fine Assessment Hearing, 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.
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.
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.
DONE AND ORDERED THIS 2 V day of June, 2010.
VILLAGE OF TEQUESTA
CODE P ANC SPECIAL MAGISTRATE
BY: lam/
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date:
By:
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