HomeMy WebLinkAboutOrders_Code Enforcement_07/23/2010_Edward and Susan DeMatteis CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA, Case No. 2010 -00065
Petitioner,
VS.
EDWARD AND SUSAN DEMATTEIS,
Respondents.
RE: Violation of Chapter 10 Article I Section 10 -8, of the Code of Ordinances of the Village
of Tequesta.
Address: 2 Pine Hill Trail West
Tequesta, Florida 33469
Legal Description: TEQUESTA PINES LOT 22
PCN: 60- 42- 40 -25- 000 -2020
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 22 °d day of July, 2010
and based on the evidence and testimony presented, entered an Order Finding 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 present at the hearing; 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.
The Complaintant, Alan Jaggerd, testified in accordance with the witness statements that he had
previously filed as contained in the evidentiary case file. Mr. Jaggerd also testified that there
have been no incidents with Respondents' dog since the notice of hearing was issued.
4. The notice of hearing was served on June 29, 2010.
5. Respondents Edward and Susan Dematteis testified in accordance with the several
pieces of correspondence they had submitted as contained in the evidentiary case file, and
disputed that a violation had occurred.
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CONCLUSIONS OF LAW
The above - stated facts constitute a single violation of Chapter 10 Article I Section 10 -8,
of the Code of Ordinances of the Village of Tequesta, which occurred prior to June 29, 2010.
ORDER
Respondents were, but no longer are, in violation of Chapter 10 Article I Section 10 -8, of
the Code of Ordinances of the Village of Tequesta. Said violation was irreparable and
irreversible in nature. Respondents are hereby ordered to continue to comply with Chapter 10
Article I Section 10 -8, of the Code of Ordinances of the Village of Tequesta, and to cease and
desist any further violations of same. A fine of $50.00 is hereby assessed for the violation that
occurred.
Respondents are also assessed $50.00 for administrative costs incurred by the Village
prior to June 29, 2010.
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 July, 2010.
VILLAGE OF TEQUESTA
CODE COMPL ECIAL MAGISTRATE
FILED: Village of Tequesta j
Dat 11 ��
3 : � BY:
T1 WAGNER, SPE IAL MAGISTRATE
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