HomeMy WebLinkAboutOrders_Code Enforcement_09/22/2011 Arthur Fritz CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION AND PERMITTING VILLAGE ABATEMENT
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2011 -00147
VS.
ARTHUR FRITZ,
Respondent.
RE: Violation of Chapter 30 Article II Section 30 -33 and Chapter 78 Article IX Section 78-
585 of the Code of Ordinances of the Village of Tequesta.
Address: 208 Fairway East
Tequesta, Florida 33469
Legal Description: TEQUESTA LOT 228
PCN: 60- 42- 40- 26 -01- 000 -2280
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, enters an Order Finding Violation and Permitting
Village Abatement. 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 did not appear at the hearing; however, proper notice was given
to the property owner of the violation and of the hearing. Code Enforcement Officer Joe Petrick
further testified that he spoke with Suzanne Fritz, Mr. Fritz's wife, regarding the violation on the
property.
3. Based upon evidence presented at the September 22, 2011 Special Magistrate
Hearing, the Special Magistrate finds that the property is in violation of Sections 30 -33 and 78-
585 of the Code of Ordinances of the Village of Tequesta and such violations represent a serious
threat to the health, safety and welfare of the Village residents due to the pool being exposed
with unobstructed access thereto and due to an unsecured and dilapidated swing set.
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CONCLUSIONS OF LAW
The above - stated facts constitute a continuing violation of Sections 30 -33 and 78 -585 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 by taking reasonable actions to secure the pool to obstruct access thereto and to remove
the swing set pursuant to legislative authority granted to the Village by Section 162.09, Florida
Statutes. 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
additional fines in order to recover the costs of these abatement activities. The Respondent is
hereby ordered to continue to comply with Sections 30 -33 and 78 -585of the Code of Ordinances
of the Village of Tequesta once abatement has been accomplished.
Respondent also is assessed the Village's administrative costs in the amount of $258.27.
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 September, 2011.
VILLAGE OF TEQUESTA
CO COYIAN 15 SPE C AL MAGISTRATE
BY: -
KEVIN WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
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