HomeMy WebLinkAboutOrders_Code Enforcement_08/26/2010_Brian Tobin CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2010400062
VS.
BRIAN TOBIN,
Respondent.
RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village
of Tequesta.
Address: 266 Country Club Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 162
PCN: 604240- 26 -01- 000 -1620
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 and Assessing
Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered:
FINDINGS OF FACT
1. The Respondent, Brian Tobin, was present at the hearing. There was a finding of
proper notice.
2. Code Enforcement Officer Joe Petrick testified to, and presented photographs of,
the existence of the repeat violation. Officer Petrick also presented the previous Order Finding
Violation (Case No. 09 -240) which established a prior violation on the property in 2009.
3. Based upon the evidence presented, the property is in violation of Chapter 30
Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta.
4. The record reflects that the same Respondent was in violation of the same code
provision at the same property in 2009. As such, this is a repeat violation.
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CONCLUSIONS OF LAW
Based on the above - stated facts, Respondent is in repeat violation of Violation of Chapter
30 Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta.
ORDER
It is the Order of the Special Magistrate that a Fine of Six Hundred and Sixty Dollars
($660.00) is hereby assessed, at Ten Dollars ($10.00) per day, for the repeat violation which
existed on the property beginning June 21, 2010, through August 26, 2010, a period of 66 days,
and the fine amount shall continue to accrue at Ten Dollars ($10.00) per day until compliance is
achieved. Respondent also is assessed the Village's administrative costs in the amount of
$269.94.
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 re-
inspection 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 Au6i 2010.
VILLAGE OF TEQVE
CODE COMPLIAN`CEOECIAL MAGISTRATE
r
BY:
WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date: /02 o?v
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