HomeMy WebLinkAboutOrders_Code Enforcement_08/26/2010_Derek Deicco CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION AND ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2010 -00070
VS.
DEREK DECICCO,
Respondent.
RE: Violation of Chapter 10 Article I Section 10 -8 of the Code of Ordinances of the Village
of Tequesta.
Address: 104 Lighthouse Circle #E
Tequesta, Florida 33469
Legal Description: TEQUESTA TRACE CONDOMINIUM UNIT 9103
PCN: 60- 43- 40- 30 -51- 009 -1030
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. Additionally, Henry Clemens, Mary Nevins and Mike Tombs presented written
witness statements and testimony concerning the continuing violation on the
property. Mary Nevins written witness statement contained entries outlining the
specific dates that the violations occurred. There were thirty (30) past violations
in total.
3. As of the hearing on August 26, 2010, based on testimony presented by code
enforcement officers, the property was not in compliance with Section 10 -8.
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CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Section 10 -8 of the Code of Ordinances of
the Village of Tequesta. The violation is irreparable and irreversible in nature.
ORDER
It is the Order of the Special Magistrate that a Fine of One Thousand Five Hundred
Dollars ($1500.00) is hereby assessed, at Fifty Dollars ($50.00) for each of the Thirty (30) past
violations present on the property. It further is ordered that Respondent shall pay a Fine of Two
Hundred Dollars ($200.00) for each additional violation that is observed on the property.
Respondent also is assessed $325.01 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 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 J day of ,k�' 2010.
VILLAGE OF TEWESTA - ---_)
CODE CONPLTANC SPEC.kAL MAGISTRATE
i
BY�
KEVIN AGNER, S ECIAL MAGIs
Filed with Villa e Clerk LIZ
Date: v
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