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HomeMy WebLinkAboutOrders_Code Enforcement_08/26/2010_Frank and Mary Merola CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING REPEAT VIOLATION VILLAGE OF TEQUESTA, Petitioner, Case No. 201040073 VS. FRANK AND MARY MEROLA, Respondents. RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta. Address: Tequesta Lot 551 Fairview West (Formerly 112 Fairview West) Tequesta, Florida 33469 Legal Description: TEQUESTA LT 551 PCN: 60- 42- 40 -26 -01 -000 -5510 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 Repeat Violation. 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 Respondents were not present at the hearing; however, there was a finding of proper notice. 3. Code Enforcement Officer Joe Petrick testified to, and presented photographs of, the existence of the repeat violation. Officer Petrick also testified to the previous Order Finding Violation in December 2007, which established a prior violation on the property. 4. As of the hearing on August 26, 2010, based on testimony presented by Officer Petrick, the property was in compliance with Section 30 -33, but had not achieved compliance within the time specified in the Notice of Repeat Violation. Page 1 of 2 5. The record reflects that the same Respondent was in violation of the same code provision at the same property in 2007. As such, this is a repeat violation. CONCLUSIONS OF LAW The above- stated facts constitute a repeat violation of Section 30 -33 of the Code of Ordinances of the Village of Tequesta. ORDER The Respondent is hereby ordered to continue to comply with Section 30 -33 of the Code of Ordinances of the Village of Tequesta. The Respondent further is assessed the Village's administrative costs in the amount of $257.46. 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. 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 I L day of� 2010. VILLAGE OF TEQLTh,� CODE COMPLIA SPE MAGISTRATE KEVIN GNER, S IAL MAGISTRATE ,F r" Filed with Village Clerk` Date: B Page 2 of 2