HomeMy WebLinkAboutOrders_Code Enforcement_09/22/2011 JMZ Tequesta Properties CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. 2010 -00103
Petitioner,
VS.
JMZ TEQUESTA PROPERTIES, INC.,
Respondent.
RE: Violation of Chapter 14 Article VI Sections 14 -152 and 14 -157 of the Code of
Ordinances of the Village of Tequesta.
Address: 1 Main Street #101
Tequesta, Florida 33469
Legal Description: TEQUESTA VILLAGE CENTER PAR 4
PCN: 60- 43- 40- 30 -47- 004 -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 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 represented at the hearing by Donna Kramer, the property
manager for the property; there was a finding that proper notice was given to the
property owner of the violation and of the hearing.
3. By the "Order Finding Violation" dated April 30, 2011, the Special Magistrate
ordered the Respondent to comply with Sections 14 -152 and 14 -157 of the Code
of Ordinances of the Village of Tequesta on or before June 29, 2011.
4. The Fine Assessment Hearing was subsequently tabled on July 1, 2011 and again
on August 5, 2011.
5. Based upon the evidence and testimony presented at the hearing on September 22,
2011, the Special Magistrate found that the property remains in violation of
Sections 14 -152 and 14 -157.
Pnae 1 of 7
CONCLUSIONS OF LAW
The above - stated facts constitute a continuing violation of Sections 14 -152 and 14 -157 of
the Code of Ordinances of the Village of Tequesta.
ORDER
It is the Order of the Special Magistrate that a daily fine of One Hundred ($100.00)
Dollars is hereby assessed. This fine of One Hundred ($100.00) Dollars per day shall begin on
September 23, 2011, and shall continue to accrue until compliance is achieved.
The Respondent also is assessed $348.67 for administrative costs incurred by the Village
prior to the September 22, 2011 hearing date. The Special Magistrate further reaffirms that
Respondent shall be assessed $467.31 in administrative costs incurred by the Village prior to the
April 28, 2011 hearing date.
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 I day of September, 2011.
VILLAGE, QI' V§iS �
CODEOMPL'1 CE S Cl MAGISTRATE
BY; /
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with Villa 2e Clerk
Date:
B N.4-)
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