HomeMy WebLinkAboutOrders_Code Enforcement_12/09/2010_Tequesta Investors CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2010 - 000109
VS.
TEQUESTA INVESTORS, LP,
Respondent.
RE: Violation of Chapter 78 Article IX Section 78 -745 of the Code of Ordinances of the
Village of Tequesta.
Address: Village Square
219 -281 US Highway 1
Tequesta, Florida 33469
Legal Description: WATERWAY VILLAGE LOT A
PCN: 6043- 40- 30 -05- 000 -0901
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 9th day of December, 2010, and based on
the evidence and testimony presented, enters an Order Finding Repeat Violation and Assessing
Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered:
FINDINGS OF FACT
I . The Respondent Tequesta Investors, LP is owner of the above- described property.
2. The Respondent was 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 presented the previous Orders Finding
Repeat Violation, which established prior repeat violations on the property within the last five (5)
years.
4. Based upon the evidence presented, the property is in violation of Chapter 78
Article IX Section 78 -745 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 within the last five (5) years. As such, this is a repeat violation.
CONCLUSIONS OF LAW
Based on the above - stated facts, Respondent is in repeat violation of Chapter 78 Article IX
Section 78 -745 of the Code of Ordinances of the Village of Tequesta.
ORDER
It is the Order of the Special Magistrate that a Fine of Two Thousand Two Hundred and
Fifty Dollars ($2,250.00) is hereby assessed, at Fifty Dollars ($50.00) per day, for the repeat
violation which existed on the property beginning October 25, 2010, through December 9, 2010, a
period of Forty -five (45) days, and the fine amount shall continue to accrue at Fifty Dollars
($50.00) per day until compliance is achieved. Respondents also are assessed the Village's
administrative costs in the amount of Two Hundred Seventy -Six Dollars and Sixty -Three Cents
($276.63).
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 H day of December, 2010.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SP CIAL MAGISTRATE
BY: —�
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with Villaize Clerk
Date: is as iv
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