HomeMy WebLinkAboutOrders_Code Enforcement_09/28/2010_David Kydd CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. 2010 -00074
Petitioner,
VS.
DAVID KYDD,
Respondent.
RE: Violation of Chapter 30 Article II Section 30 -33 and Chapter 78 Article IX Section 78-
585 of the Code of Ordinances of the Village of Tequesta.
Address: 20 Pine Hill Trail East
Tequesta, Florida 33469
Legal Description: TEQUESTA PINES LOT 38
PCN: 60- 42- 40- 25 -25- 000 -0380
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 Respondent is the owner of the above - described property.
2. The Respondent was not present at the hearing; however, there was a finding that
proper notice was given to the property owner of the violation and of the hearing.
3. By the "Order Finding Violation" dated August 31, 2010, the Special Magistrate
ordered the Respondent to comply with Section 30 -33 of the Code of Ordinances
of the Village of Tequesta on or before September 22, 2010. By the "Order
Finding Violation" dated August 31, 2010, the Special Magistrate ordered the
Respondent to comply with Section 78 -585 of the Code of Ordinances of the
Village of Tequesta on or before August 31, 2010.
4. Based upon the evidence, pictures and testimony presented at the hearing on
September 23, 2010, the Special Magistrate found that the property remained in
violation of Sections 30 -33 and 78 -585.
CONCLUSIONS OF LAW
The above - stated facts constitute a continuing violation of Sections 30 -33 and 78 -585 of
the Code of Ordinances of the Village of Tequesta.
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ORDER
It is the Order of the Special Magistrate that a Fine of Fifty Dollars ($50.00) is hereby
assessed at Fifty Dollars ($50.00) per day for the Section 30 -33 violations which have existed on
the property beginning September 23, 2010, through September 23, 2010, a period of one (1)
day; and the fine amount shall continue to accrue at Fifty Dollars ($50.00) per day until
compliance is achieved.
It is the Order of the Special Magistrate that a Fine of Three Thousand Four Hundred and
Fifty Dollars ($3,450.00) is hereby assessed at One Hundred and Fifty Dollars ($150.00) per day
for the Section 78 -585 violations which have existed on the property beginning September 1,
2010, through September 23, 2010, a period of twenty -three (23) days; and the fine amount shall
continue to accrue at One Hundred and Fifty Dollars ($150.00) per day until compliance is
achieved.
Respondent also is assessed the previous administrative costs incurred by the Village of
Two Hundred and Sixty -Seven Dollars and Forty -Four Cents ($267.44), and the additional
administrative costs incurred by the Village of Two Hundred and Eighty -Five Dollars and
Eighty -Eight Cents ($285.88).
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 Respondent, pursuant
to Chapter 162, Florida Statutes.
DONE AND ORDERED THIS �� day of September, 2010.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRATE
BY: �
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with ill e Clerk
Date: WW
B:
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