HomeMy WebLinkAboutOrders_Code Enforcement_06/30/2011 Bogland Taverns, Inc. CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2011 -00077
VS.
BOGLAND TAVERNS, INC.,
Respondent.
RE: Violation of Chapter 78 Article XI Section 78 -744 of the Code of Ordinances of the
Village of Tequesta.
Address: 187 Tequesta Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA OAKS TR B
PCN: 60- 43- 40- 30 -42- 002 -0000
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 Special Magistrate Hearing held on the 30th day of June,
2011 and based on the evidence and testimony presented, entered an Order 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. By the "Order Finding Violation" dated June 2, 2011, the Special Magistrate
ordered the Respondent to comply with Section 78 -744 of the Code of Ordinances
of the Village of Tequesta on or before June 29, 2011, or be subject to a fine.
3. Based upon the evidence and testimony presented at the hearing on June 30, 2011,
the Special Magistrate found that Respondent failed to comply on or before June
29, 2011.
CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Section 78 -744 of the Code of Ordinances
of the Village of Tequesta.
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ORDER
It is the Order of the Special Magistrate that a Fine of One Hundred Dollars ($100.00) is
hereby assessed, at One Hundred Dollars ($100.00) per day, for the violations which existed on
the property beginning on June 30, 2011, a period of one (1) day, and such amount will continue
to accrue at One Hundred Dollars ($100.00) per day until compliance is achieved.
It further is the Order of the Special Magistrate that Respondent shall be assessed
$280.78 in administrative costs for the June 30, 2011 hearing. The Special Magistrate also
reaffirms that Respondent shall be assessed $303.81 in administrative costs for the May 26, 2011
hearing.
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 –J— day of July, 2011.
VILLAGE OF TEQUEST
CODE CO LIANCE S)T CIAL MAGISTRATE
BY:
c -
I£EVIN WAGNER, SPECIAL MAGISTRATE
Filed with Villa e Clerk
Date: I
B CL,:�-
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