HomeMy WebLinkAboutOrders_Code Enforcement_04/26/2012_DDR Southeast Tequesta, LLC (2) CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION AND PERMITTING VILLAGE ABATEMENT
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 & 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 26" day of April,
2012, and based on the evidence and testimony presented, entered an Order Finding Violation
and Permitting Village Abatement. The following Findings of Fact, Conclusions of Law and
Order are hereby entered:
FININGS 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. Based upon the evidence and testimony presented at the hearing on April 26,
2012, the Special Magistrate found that the property continues to be in violation of International
Property Maintenance Code Section 302, among other code sections, and such violation of
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Section 302 represents a serious threat to the health, safety and welfare of the Village residents
due to the unpermitted and unsafe structure containing the chlorine tank on the premises.
CONCLUSIONS OF LAW
The above - stated facts constitute a continuing violation of International Property
Maintenance Code Section 302.
ORDER
It is hereby ordered by the Special Magistrate that the Village may abate the violation
within one (1) week from the date of this Order by taking reasonable actions to secure the
structure containing the chlorine tank on the premises 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 the above -
mentioned sections of the Code of Ordinances of the Village of Tequesta once abatement has
been accomplished.
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 April, 2012.
VILLAGE OF TEQUESTA
CODE COMPLIANCE PECIAL MAG 'RATE
i
BY:
KEVIN WAGNER, S090AL MAGIST E
Filed with Village Clerk
Date: 5-1- 1.)-
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