HomeMy WebLinkAboutOrders_Code Enforcement_12/09/2010_Derek Decicco CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2010 - 000112
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 9 day of December, 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 was not present at the hearing; however, there was a finding of
proper notice.
2. Code Enforcement Officer Joe Petrick testified to the existence of the repeat
violation. Officer Petrick also testified to a previous Order Finding Violation and
Assessing Fine (Case No. 2010 - 00070) which established a prior violation on the
property in August 2010.
3. Additionally, Mary Nevins and Mike Tombs testified concerning the repeat
violation on the property. Mary Nevins specifically testified that she witnessed
the violation on November 7, 2010.
4. Based upon the evidence presented, the property is in violation of Chapter 10
Article I Section 10 -8 of the Code of Ordinances of the Village of Tequesta.
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5. The record reflects that the same Respondent was in violation of the same code
provision at the same property in 2010. As such, this is a repeat violation.
CONCLUSIONS OF LAW
The above - stated facts constitute a repeat violation of Section 10 -8 of the Code of
Ordinances of the Village of Tequesta.
ORDER
It is the Order of the Special Magistrate that a Fine of Two Hundred Dollars ($200.00) is
hereby assessed for the violation that occurred on the property on November 7, 2010.
Respondent also is assessed $264.02 for administrative costs incurred by the Village prior
to December 9, 2010.
It also is ordered that Respondent shall cease and desist all further violations on the
property. The Special Magistrate's August 2010 Order Finding Violation and Assessing Fine is
reaffirmed. Per that Order, Respondent shall pay a Fine of Two Hundred Dollars ($200.00) for
each additional violation that is observed on the property.
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 day of December, 2010.
VILLAGE OF TEQUESTA
CODE COMPLIANCE,SPECIAL MAGISTRATE
BY:
IN WAGNM S C_ _IAL
Filed with Village Clerk
Date: a o
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