HomeMy WebLinkAboutOrders_Code Enforcement_04/26/2012_DDR Southeast Tequesta, LLC CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2011 -00034
VS.
DDR SOUTHEAST TEQUESTA LLC,
Respondent.
J
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 & PB65P103) &
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 Special Magistrate Hearing held on the 2e day of April,
2012, 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 property manager Richard
Forest; there was a finding of proper notice.
3. By the "Order Finding Violation" dated September 26, 2011, the Special
Magistrate ordered , the Respondent to comply with 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 Village of Tequesta Code
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Section 30 -33 (other than the installation of safety barriers around propane tanks), by applying
for all necessary permits on or before October 17, 2011. Respondent was ordered to 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 further was
ordered to obtain a final inspection on or before February 20, 2012. If Respondent failed to meet
either required date, a fine of Two Hundred and Fifty Dollars ($250.00) per day would be
imposed for each day the violations continued to exist.
4. At the Fine Assessment Hearing held on February 23, 2012, the Code Compliance
Officer for the Village testified that Respondent was progressing toward complete compliance.
Respondent requested additional time to comply before a fine was imposed. The Village agreed
to an extension of time. Therefore, the Special Magistrate entered an Order Continuing the Fine
Assessment Hearing until April 26, 2012.
5. Based upon the evidence and testimony presented at the hearing on April 26,
2012, the Special Magistrate found that the property remained in violation of the code sections
mentioned above.
CONCLUSIONS OF LAW
The above - stated facts constitute a continuing 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
It is the Order of the Special Magistrate that a daily Fine of Two Hundred and Fifty
(5250.00) Dollars be assessed, commencing on May 1, 2012, and continuing until compliance is
achieved.
It further is the Order of the Special Magistrate that Respondent shall be assessed
$782.36 in administrative costs for the substantial amount of staff time dedicated to bringing this
case to September 22, 2011 hearing, the October 20, 2011 hearing, the December 8, 2011
hearing, the February 23, 2012 hearing, and the April 26, 2012 hearing.
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.
Upon complying in any code compliance matter, it is always the responsibility of the
Respondents to contact the Code Compliance Division at (561) 768 -05% to request a
reinspection of the property.
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DONE AND ORDERED THIS � day of Acprrf, 2012.
VILLAGE OF TEQUESTA
CODE Cq�VIP�. E SPE��IAL MAGISTP:�rTE
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BY: � � � � '�
KEVIN AGNER, SPECIA ISTRATE
Filed with Vill� e�Clerk �
Date: � a--
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B V L�- � u�U�.t�. .
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