HomeMy WebLinkAboutOrders_Code Enforcement_08/26/2010_Clifford Gilbert and Dana Sheehan CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA, Case No. 2010400066
Petitioner,
VS.
CLIFFORD GILBERT AND DANA SHEEHAN,
Respondents.
RE: Violation of Chapter 30 Article II 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 26 day of August,
2010 and based on the evidence and testimony presented, entered an Order Finding Violation.
The following Findings of Fact, Conclusions of Law and Order are hereby entered:
FINDINGS OF FACT
1. The Respondents are the owners for 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 provided testimony and evidence of the
violation, as contained in the Village's evidentiary case file which was accepted
into evidence.
4. 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
30 -331.
5. As of the hearing on August 26, 2010, based on testimony presented by Officer
Petrick, the property was in compliance with Section 14 -152, but had not
achieved compliance within the time specified in the Notice of Violation.
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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
The Respondents are hereby ordered to continue to comply with Section 14 -152 of the
Code of Ordinances of the Village of Tequesta. The Respondents further are ordered to comply
with Sections 30 -33 and 30 -331 of the Code of Ordinances of the Village of Tequesta on or
before September 9, 2010. If the Respondents fail to achieve compliance on or before
September 9, 2010, a daily Fine of Fifty Dollars ($50.00) per day may be imposed for each day
the violation continues to exist.
Respondents are also assessed $303.94 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.
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 ( 2 day of.A4�, 2010.
VILLAGE OF TEQUEST
CODE COMPLIANCE SP CIAL MAGISTRATE
BY:
IN WAGNER, SPECIAL MAGISTRATE
Filed with Villa e Clerk
Date: 0
B 4,
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