HomeMy WebLinkAboutOrders_Code Enforcement_08/26/2010_David Kydd CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2010 -00074
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: 604240- 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 Hearing held on the 26 day of August, 2010, and based on
the evidence and testimony presented., entered an Order Finding Violation and Assessing Fine.
The following Findings of Fact, Conclusions of Law, and Order are hereby entered:
FINDINGS OF FACT
1. The Respondent was not present at the hearing; however, there was a finding of
proper notice.
2. 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.
3. As of the hearing on August 26, 2010, based on testimony presented by code
enforcement officers, the property was not in compliance with Sections 30 -33 and
78 -585.
CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Sections 30 -33 and 78 -585 of the Code of
Ordinances of the Village of Tequesta.
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ORDER
The Respondent is hereby ordered to comply with Section 78 -585 of the Code of
Ordinances of the Village of Tequesta on or before August 31, 2010. If the Respondent fails to
achieve compliance on or before August 31, 2010, a daily Fine of One Hundred and Fifty Dollars
($150.00) per day may be imposed for each day the violation continues to exist.
The Respondent further is ordered to comply with Section 30 -33 of the Code of
Ordinances of the Village of Tequesta on or before September 22, 2010. If the Respondent
fails to achieve compliance on or before September 22, 2010, a daily Fine of Fifty Dollars
($50.00) per day may be imposed for each day the violation continues to exist.
Respondent is also assessed $267.44 for administrative costs incurred by the Village prior
to August 26, 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
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 parry may request a hearing before
the Code Enforcement Special Magistrate on the issue of compliance only.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on the 23rd day of September, 2010 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that you
have timely brought your property into compliance.
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.
DONE AND ORDERED THIS L 2 day of A4g t t, 2010.
VILLAGE OF TEQUESTX -T-
CODE COMPL CE SPECIAL MAGISTRATE
BY:
KEV , WAGNER, SP L MAGISTRATE
Filed with Village Clerk
Date: lQ1,10fic
By: Oli GYIr��.idJ1Gh-
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