HomeMy WebLinkAboutOrders_Code Enforcement_09/22/2011 DDR Southeast Tequesta, LLC CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2011 -00034
VS.
DDR SOUTHEAST TEQUESTA LLC,
Respondent.
RE: Violation of International Property Maintenance Codes 102, 301, 302, 303, 304, 305,
504, 505, 506, 507, 603, and 605 and Village of Tequesta Codes Chapter 30 Article II
Section 30 -33, Chapter 78 Article VIII Section 78 -299, Chapter 78 Article VIII Section
78 -300, Chapter 78 Article X Section 78 -700, Chapter 78 Article X Section 78 -701 and
Chapter 78 Article XI Section 78 -745 of the Code of Ordinances of the Village of
Tequesta.
Address: 105 US Highway 1 (Tequesta Shoppes)
Tequesta, Florida 33469
Legal Description: 30- 40 -43, WLY 692.40 FT OF GOVLT 3 LYG E OF &
ADJ TO SR 5 (LESS N 200 FT, PB61P32 & P1365P103) &
NLY 121.76 FT OF ELY 300 FT OF WLY 761 FT OF
GOV LT 4
PCN: 60- 43- 40- 30 -00- 003 -0050
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 22 day of September, 2011, and based
on the evidence and testimony presented, entered an Order Finding Violation. The following
Findings of Fact, Conclusions of Law, and Order are hereby entered:
FINDINGS OF FACT
1. The Respondent was represented at the hearing by Daniel Aguirre, the property
manager for the property; there was a finding of proper notice.
2. Code Enforcement Officer Joe Petrick provided testimony and evidence of the
violation, as contained in the Village's evidentiary case file which was accepted into evidence.
3. As of the hearing on September 22, 2011, based on testimony presented by code
enforcement officers, the property was not in compliance with International Property
Maintenance Code Sections 102, 301, 302, 303, 304, 305, 504, 505, 506, 507, 603 and 605 and
Village of Tequesta Code Sections 30 -33, 78 -299, 78 -300, 78 -700, 78 -701 and 78 -745.
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CONCLUSIONS OF LAW
The above - stated facts constitute a violation of International Property Maintenance Code
Sections 102, 301, 302, 303, 304, 305, 504, 505, 506, 507, 603 and 605 and Village of Tequesta
Code Sections 30 -33, 78 -299, 78 -300, 78 -700, 78 -701 and 78 -745.
ORDER
The Respondent and the Building Official for the Village of Tequesta are hereby ordered
to meet within one (1) week from the date of this order to discuss the violations on the property.
The Respondent is hereby ordered to comply with Section 30 -33 of the Code of
Ordinances of the Village of Tequesta on or before October 17, 2011. Specifically, Respondent
is ordered to apply for permits to install safety barriers around the propane tanks on the property,
install the barriers, and obtain final inspection of the barriers on or before this date. If the
Respondent fails to achieve compliance with this item on or before October 17, 2011, a daily
Fine of Two Hundred and Fifty Dollars ($250.00) per day may be imposed for each day the
violation continues to exist. Please take notice that you must appear at the Fine Assessment
Hearing which will be held on the 20 th day of October, 2011 at 10:00 a.m. at Village Hall,
Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement
Officer certifies that you have timely brought your property into compliance with this item.
With respect to the violations of International Property Maintenance Code Sections 102,
301, 302, 303, 304, 305, 504, 505, 506, 507, 603 and 605, Village of Tequesta Code Sections 78-
299, 78 -300, 78 -700, 78 -701 and 78 -745, and the remaining violations of Village of Tequesta
Code Section 30 -33, Respondent is hereby ordered to apply for all permits on or before October
17, 2011. Respondent shall meet the requirements of the Building Official for the Village of
Tequesta with respect to applying for these permits and with respect to all other issues
concerning the project. Respondent shall obtain a final inspection on or before February 20,
2012.
If Respondent fails to apply for all permits on or before October 17, 2011, a daily Fine of
Two Hundred and Fifty Dollars ($250.00) per day may be imposed for each day the violation
continues to exist. If Respondent fails to obtain final inspection by February 20, 2012, a daily
Fine of Two Hundred and Fifty Dollars ($250.00) per day may be imposed for each day the
violation continues to exist.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on the 20 th day of October, 2011 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, if you fail to apply for permits by the required date.
Please further take notice that you must appear at the Fine Assessment Hearing which will be
held on the 23 rd day of February, 2012 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469, if you fail to obtain final inspection by the required
date.
Respondent also is ordered to appear at a status conference hearing to be held on the 8th
day of December, 2011 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469, to update the Special Magistrate on the progress of the project.
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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.
DONE AND ORDERED THIS day of September, 2011.
VILLAGE OF TEQUESTA
CODE C LIA C SPECIAL MAGISTRATE
BY:
KE WA NER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date: 0 lau I 1 I
B
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