HomeMy WebLinkAboutOrders_Code Enforcement_08/28/2011 Eugene and June Martin Kornilov CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER PERMITTING VILLAGE ABATEMENT
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2011 -00112
VS.
EUGENE KORNILOV AND JUNE
MARTIN KORNILOV,
Respondents.
RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village
of Tequesta.
Address: 126 Magnolia Way
Tequesta, Florida 33469
Legal Description: RIVERSIDE OAKS REPL LT 51
PCN: 60- 42- 40- 25 -45- 000 -0510
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 25 day of August, 2011, and based on
the evidence and testimony presented, enters an Order Permitting Village Abatement. The
following Findings of Fact, Conclusions of Law and Order are hereby entered:
FINDINGS OF FACT
1. The Respondents did not appear at the hearing; however, there was a finding that
proper notice was given.
2. Based upon evidence presented at the August 25, 2011 Special Magistrate
Hearing, the Special Magistrate finds that the property is in violation of Section 30 -33 of the
Code of Ordinances of the Village of Tequesta and such violation represents a serious threat to
the health, safety and welfare of the Village residents due to the broken window causing the
structure to be unsecured.
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CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Section 30 -33 of the Code of Ordinances
of the Village of Tequesta.
ORDER
It is hereby ordered by the Special Magistrate that the Village may immediately abate the
violation of Section 30 -33 by taking reasonable actions concerning the broken window on the
structure in order to alleviate the dangerous conditions that such issues may present to
surrounding areas pursuant to legislative authority granted to the Village by Section 162.09,
Florida Statutes; and furthermore, such abatement will not create any liability against the Village
for any damages to the property as a result of such good faith repairs or actions. The Village
may also later request a fine assessment hearing on this matter in order to recover the costs of
these abatement activities by the Village.
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.
DONE AND ORDERED THIS day of August, 2011.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPE IAL MAGISTRATE
BY: Y�'t ��_ f "_�
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date: YI 1
By: &'� (y') C(.�
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