HomeMy WebLinkAboutOrders_Code Enforcement_06/28/2010_John and Anna La Comb CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. 2010 -00059
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- 42- 40- 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 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 Respondents are the owners for the above - described property.
2. The Respondent, John LaComb was present at the hearing, along with Andrew
Russo, Mr. LaComb's real estate agent. There was a finding of proper notice.
3. Officer Petrick testified that the health, safety and welfare violations had been
remedied by the Village, which incurred costs of $911.67 in order to abate said violations (pool
barrier and pool water related violations). Officer Petrick testified that the violations related to
vegetation and prohibited property conditions were continuing and had yet to be corrected.
4. Mr. Russo testified that he was working to close a "short sale" on the subject property
on behalf of the Respondents.
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CONCLUSIONS OF LAW
Based on the above - stated facts, Respondent remains in violation of Chapter 30 Article II
Section 30 -32, 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 Respondents shall be assessed $911.67 for
the Village of Tequesta's costs to abate the health, safety and welfare violations on the property.
Additionally, Respondent shall be assessed $358.08 in administrative costs for this hearing.
Respondent shall have 60 days to pay said costs.
The Special Magistrate reserves ruling on the assessment of fines for the violations of
Chapter 30 Article II Section 30 -32, 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. The Special Magistrate
hereby retains jurisdiction to enter further orders in this matter as appropriate.
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 Respondents, pursuant
to Chapter 162, Florida Statutes.
DONE AND ORDERED THIS day of June, 2010.
VILLAGE OF TEQUESTA
CODE COMPLI NCE PECIAL MAGISTRATE
BY: __\
Crt
VIN WAGNER, SPECIAL MAGISTRATE
Filed with Vi Clerk
Date: 4 1 /- 4'C I LC
By: Uz"a.
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