HomeMy WebLinkAboutOrders_Code Enforcement_09/28/2010_Clifford Gilbert and Dana Sheehan CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. 2010 -00066
Petitioner,
VS.
CLIFFORD GILBERT AND DANA SHEEHAN,
Respondents.
RE: Violation of Chapter 30 Article 11 Section 30 -33, Chapter 30 Article IX Section 30 -331
and Chapter 14 Article VI Section 14 -152 of the Code of Ordinances of the Village of
Tequesta.
Address: 109 Beechwood Trail
Tequesta, Florida 33469
Legal Description: TEQUESTA PINES LOT 134
PCN: 60- 42- 40 -25 -25 -000 -1340
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 23 day of
September, 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 of the above - described property.
2. The Respondent Dana Sheehan was present at the hearing. The Respondent
Clifford Sheehan was not present at the hearing; however, there was a finding that
proper notice was given to the property owners of the violation and of the hearing.
3. By the "Order Finding Violation" dated August 31, 2010, the Special Magistrate
ordered the Respondents to comply with Sections 30 -33, 30 -331 and 14 -152 of
the Code of Ordinances of the Village of Tequesta on or before September 9,
2010.
4. Based upon the evidence, pictures and testimony presented at the hearing on
September 23, 2010, the Special Magistrate found that the property was brought
into compliance with Sections 30 -33, 30 -331 and 14 -152 on September 23, 2010.
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CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Sections 30 -33, 30 -331 and 14 -152 of the
Code of Ordinances of the Village of Tequesta.
ORDER
It is the Order of the Special Magistrate that Respondents are assessed the previous
administrative costs incurred by the Village of Three Hundred and Three Dollars and Ninety -
Four Cents ($303.94), and the additional administrative costs incurred by the Village of Two
Hundred and Fifty Dollars and Eighty -Three Cents ($250.83), for a total of Five Hundred and
Fifty -Four Dollars and Seventy -Seven Cents ($554.77).
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
Inspector 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.
Should a dispute arise concerning compliance, either party may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
Upon complying in any code compliance matter, it is always the responsibility of the
Respondents to contact the Code Compliance Division at (561) 768 -0506 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 September, 2010.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRATE
fC
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date: uio
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