HomeMy WebLinkAboutOrders_Code Enforcement_01/26/2006 (8) CODE ENFORCEMENT ORDER
• VILLAGE OF TE Q UESTA FLORIDA
ORDER REDUCING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2005 -18299
V.
FL1
Respondent.
Re: Violation of Chapter 30 Article H Section 30 -32 Page CD 30:5 and Chapter 30 Article 11
Section 30 -33 Page CD 30:5 of the Code of Ordinances of the Village of Tequesta.
Address: 479 Seabrook Road
• Tequesta, Florida 33469
Legal Description: 25- 40-42, N 130 FT OF W 635 FTOF NE 1/4 OF SE 1/4 (LESS N
117 FT OF E 25 FT OF W 555 FT & ELY 46.04 FT R/W SEABOOK
The Special Magistrate appointed by the Village of Tequesta to hear code enforcement cases,
in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement
Hearing held on the 26 day of January, 2006, and based on the evidence and testimony presented
finds that a reduction in fine is warranted. The following FINDINGS OF FACT, CONCLUSIONS
OF LAW, and ORDER are hereby entered:
FINDINGS OF FACT
1. The Respondent, FLl, was present at the hearing, by and through its attorney, Mr.
Bowen Gillespie. The Respondent stipulated to proper notice.
2. Attorney for the Respondent testified that the property is in a revocable trust and was
unexpectedly inherited by his client when her husband suddenly passed away.
3. Attorney for the Respondent requested a reduction in fine to $2,000.00 plus
administrative costs and will pay such amounts and bring the property into compliance by February
25, 2006.
4. Attorney for the Respondent also testified that the property owners will continue to
maintain the property in compliance with the Village of Tequesta Code of Ordinances.
5. Attorney for the Respondent further agreed that should the property create a violation
in the future that permission is granted to the Village of Tequesta to have its public works
department correct the violation and submit the reasonable cost to the owner for payment.
6. Attorney for the Respondent finally requested that any further notices regarding code
enforcement be issued to the office address provided at the hearing and that notice not be sent to the
property owner at the mailing address listed by the Palm Beach County Property Appraiser's Office.
7. The Village agreed to the reduction in fine, with the conditions offered by the
Attorney for the Respondent.
8. The Code Enforcement Officer testified to the administrative costs for the hearing in
the amount of $125.03.
CONCLUSIONS OF LAW
The Respondent, FL1, remains in violation of the above listed code sections of the Code of
Ordinances of the Village of Tequesta, but has agreed to correct such violations by February 25,
2006, and shall continue to maintain the property.
• ORDER
It is the Order of the Code Enforcement Special Magistrate that the Respondent's fine shall be
reduced to Two Thousand Dollars ($2,000.00), plus administrative costs in the amount of One
Hundred Twenty Five Dollars and Three Cents ($125.03), to be paid in full by February 25, 2006.
It is further Ordered that Respondent shall bring the property into compliance by February 25,
2006, and shall continue to maintain the property thereafter.
It is further Ordered that Respondent shall be notified of any future code enforcement issues
by and through its attorney, Mr. Bowen Gillespie at the address provide at the hearing and not to the
property owner's mailing address as identified by the Palm Beach County Property Appraiser's
Office.
It is further Ordered that the Village of Tequesta shall be permitted to enter onto the property
to correct future violations and charge Respondent with the reasonable cost of same after proper
notice and hearing.
If Respondent does not comply within the time specified or pay the fine and administrative
costs within the time specified, Respondent shall appear at a Status/Fine Assessment Hearing to be
held before the Special Magistrate on the 23 day of March, 2006, at 10:00 a.m., at the Village of
• Tequesta, Code Compliance Division, 399 Seabrook Road, Tequesta, Florida, where the original fine
o
• may be reinstated.
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.
The Village shall retain all application, administrative and re- inspection fees previously paid,
if any.
DONE AND ORDERED this 26` day of January, 2006.
VILLAGE OF TEQUESTA
CODE ENFORCEMENT
6 1 ,11 1 ,
BYA GWL /
Special Magistrate
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