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HomeMy WebLinkAboutOrders_Code Enforcement_01/25/2007 (6) • CODE ENFORCEMENT ORDER VILLAGE OF TEQUESTA ORDER FINDING VIOLATION VILLAGE OF TEQUESTA, Petitioner, Case No. 2006 -00344 V. JOHN MCCAFFREY, Respondent. Re: Violation of Chap. 78 -643 Art. IX and Chap. 30, Art I, Sec 30 -33, of the Code of Ordinances of the Village of Tequesta. • Address: 454 TEQUESTA DRIVE Tequesta, Florida 33469 Legal Description: JUPITER IN THE PINES SEC B LT 1 BLK 22 The Special Magistrate appointed by the Village of Tequesta to hear code enforcement cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 25' day of January, 2007, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, JOHN MCCAFFREY, was not present at the hearing however, there was a finding of proper notice. 2. The Tequesta Code Enforcement Officer testified to and produced photographs of the violation. The Code Officer also testified that the Respondent complied with the swale portion of Section 30 -33. CONCLUSIONS OF LAW Respondent, JOHN MCCAFFREY, is in violation of Section 78 -643 Art. IX, and Chap. is 30, Art I, Sec 30 -33 regarding the screen portion, of the Code of Ordinances of the Village of • Tequesta. Respondent was, but is no longer, in violation of and Chap. 30, Art I, Sec 30 -33, regarding the swale, of the Code of Ordinances of the Village of Tequesta. ORDER It is the Order of the Code Enforcement Special Magistrate that Respondent, JOHN MCCAFFREY, shall comply with Section Chap. 78 -643 Art. IX and Chap. 30, Art I, Sec 30 -33, of the Code of Ordinances of the Village of Tequesta on or before the 4th day of February, 2007. If Respondent does not comply within the time specified, Respondent shall be assessed a fine of up to two - hundred -fifty- dollars ($250.00) per day until the property is in full compliance. It further the Order of the Code Enforcement Special Magistrate that Respondent, JOHN MCCAFFREY, shall continue to comply with Section 30 -33 the Code of Ordinances of the Village of Tequesta regarding the swale. Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to five- hundred - dollars ($500.00) per day may be imposed beginning on the date the violation begins. A Fine Assessment Hearing will be held before the Special Magistrate on the 22 °a day of February, 2007, at 10:00 a.m., at the Village of Tequesta, Code Compliance Division, 345 • Tequesta Drive, Tequesta, Florida. Respondent shall be assessed one - hundred - eighty- six - dollars and sixty- four -cents for administrative costs to be paid by the 9 day of February, 2007. 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 of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondent to notify the Village of Tequesta Code Enforcement Clerk at (561) 575 -3826 to request a reinspection of the property. DONE AND ORDERED this 25 day of January, 2007. VILLAGE OF TEQUESTA CODE ENFORCEMENT BY: Specia Magistrate