HomeMy WebLinkAboutOrders_Code Enforcement_09/22/2011 Kornilov CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. 2011 -00112
Petitioner,
VS.
EUGENE KORNILOV AND JUNE
MARTIN KORNILOV,
Respondents.
RE: Violation of Chapter 30 Article II Section 30 -33 and Chapter 78 Article IX Section 78-
399 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 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 Respondents are the owners of the above - described property.
2. The Respondents were not present at the hearing; however, there was a finding
that proper notice was given to the property owners of the violation and of the
hearing.
3. By the "Order Permitting Village Abatement' ' dated August 28, 2011, the Special
Magistrate ordered that the Village may immediately abate the broken window 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 broken window on the
property and sought to recover the costs of the abatement against the
Respondents.
5. By the "Order Finding Violation" dated August 28, 2011, the Special Magistrate
ordered the Respondents to comply with the remaining violations of Sections 78-
399 and 30 -33 of the Code of Ordinances of the Village of Tequesta on or before
September 19, 2011, or be subject to fine.
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6. Based upon the evidence and testimony presented at the hearing on September 22,
2011, the Special Magistrate found that the property remained in violation of
Sections 78 -399 and 30 -33.
CONCLUSIONS OF LAW
The above - stated facts constitute a continuing violation of Sections 78 -399 and 30 -33 of
the Code of Ordinances of the Village of Tequesta.
ORDER
It is the Order of the Special Magistrate that a Fine of One Hundred and Fifty ($150.00)
Dollars is hereby assessed, at Fifty Dollars ($50.00) per day, for the violations which have
existed on the property beginning from September 20, 2011 through September 22, 2011, a
period of three days; and the fine amount shall continue to accrue at Fifty Dollars ($50.00) per
day until compliance is achieved.
It further is the Order of the Special Magistrate that Respondents shall be assessed
$383.29 in administrative costs for the September 22, 2011 hearing, which includes the cost to
abate the broken window. The Special Magistrate also reaffirms that Respondents shall be
assessed $341.67 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 Respondents, pursuant
to Chapter 162, Florida Statutes.
DONE AND ORDERED THIS day of September, 2011.
VILLAGE OF" ESTA j
CODE COMPLIAN E SPECtMAGIST:RATE
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KEY4 WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk /
Date: ( l
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