HomeMy WebLinkAboutOrders_Code Enforcement_12/08/2011_Patricia Hegarty CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FIND ING VIOLATION AND PERMITTING
CONTINUING 3ALAGE ABATEMENT
VILLAGE OF TEQUESTA,
Petitioner,
Case No: 2011 -00161
VS.
PATRICIA HEGARTY,
Respondent.
RE: Violation of Chapter 30 Article H Section 30 -33 of the Code of Ordinances of the Village
of Tequesta.
Address: 81 Fairview East
Tequesta, Florida 33469
Legal Description; TEQUESTA LT 532
PCN: 60 -42-40 -26-01 - 000 -5320
The Special Magistrate appointed by the Village Council to hear code compliance cases
for the Village of Tequesta, in accordance with ChTer 162, Florida Statutes, has heard
testimony at the Code Compliance Hearing held on the 8 day of December, 2011, and based on
the evidence and testimony presented, enters an Order Finding Violation and Permitting
Continuing 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 was not present at the hearing; however, there was a finding of
proper notice.
3. Based upon evidence presented at the December 8, 2011 Special Magistrate
Hearing, the Special Magistrate finds that the property is in violation of Section 30-33 of the
Code of Ordinances of the Village of Tequesta and such violation of Section 30 -33 represents a
serious threat to the health, safety and welfare of the Village residents due to the height of the
weeds and grass.
Page i of 2
CONCLUSIONS OF LAW
The above - stated facts constitute a continuing violation of Section 30 -33 of the Code of
Ordinances of the Village of Tequesta.
ORDER
It is hereby ordered by the Special Magistrate that the Village may continue to abate the violation
of Section 30 -33 by taking reasonable actions concerning the height of the weeds and grass and
in order to alleviate the dangerous conditions that such vegetation issues may present to
surrounding areas pursuant to legislative authority granted to the Village by Section 162.09,
Florida Statutes. Such abatement action by the Village shall in no way create a continuing
obligation or any present or future liability for any damage to the property that may result from
such good faith attempts to abate the violations. Additionally, the Village may continue to abate
the nuisance in the future whenever the height of the vegetation and overgrowth conditions again
violate Village Code as documented in the code enforcement files for the property. The Village
may also later request a fine assessment hearing on this matter in order to recover the costs of
these abatement activities by the Village.
Respondent also is assessed the Village's costs of abatement to date in the amount of
$150.00.
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 exists and upon any other real or personal property owned by the Respondent, pursuant
to Chapter 162, Florida Statutes.
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 December, 2011.
VILLAGE OF TEQUESTA
CODE IAL MAGISTRATE
BY:
V G R, SP L MAGISTRATE
Filed w ith Vill eg Clerk
Date: t
B
Page 2 of 2