HomeMy WebLinkAboutOrders_Code Enforcement_09/22/2011 Jose Del Vecchio CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. 2011 -00118
Petitioner,
VS.
JOSE DEL VECCHIO,
Respondent.
RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village
of Tequesta.
Address: 236 River Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 396
PCN: 60- 42- 40 -26 -01 -000 -3960
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 22 day of
September, 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 is the owner of the above - described property.
2. The Respondent was not present at the hearing; however, there was a finding that
proper notice was given to the property owner of the violation and of the hearing.
3. By the "Order Permitting Continuing Village Abatement" dated August 28, 2011,
the Special Magistrate ordered that the Village may immediately abate the
prohibited pool conditions on the property and may also later request a fine
assessment hearing on this matter in order to recover the costs of these abatement
activities.
4. At the Fine Assessment Hearing on September 22, 2011, Code Enforcement
Officer Joe Petrick testified that the Village had abated the prohibited pool
conditions on the property and sought to recover the costs of the abatement
against the Respondent.
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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 the Order of the Special Magistrate that Respondent shall be assessed $752.69 in
administrative costs for the September 22, 2011 hearing, which includes the cost to abate the
prohibited pool conditions. The Special Magistrate also reaffirms that Respondent shall be
assessed $304.67 in administrative costs for the August 25, 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 �(' day of September, 2011.
VILLAGE OF T STA
CODE COMPLIANCE, PECI �M ISTRATE
BY:
OVIN WA ER, SftCIAL MAG RATE
Filed with Villa e Clerk
Date:'
B Y tj
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