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HomeMy WebLinkAboutOrders_Code Enforcement_07/30/2012_Mikki and Doris Thomas (2) CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING VIOLATION AND PERMITTING CONTINUING VILLAGE ABATEMENT VILLAGE OF TEQUESTA, Petitioner, Case No. 2012 -00079 VS. MIKKI AND DORIS THOMAS, Respondents. RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta. Address: 414 Cypress Drive # D Tequesta, Florida 33469 Legal Description: CYPRESS VILLAS UNIT D BLDG TR I OF PAR A PCN: 60- 43- 40- 30 -34- 001 -0014 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 26 day of July, 2012, 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 Respondents, Mikki and Doris Thomas, are the owners of the above - described property. 2. The Respondents were not present at the hearing; however, there was a finding of proper notice. 3. Code Enforcement Officer Joe Petrick and Neighbor Simon Lopez provided testimony as to the violations on the property including, but not limited to, the existence of rats on the property. Page 1 of 2 4. Based upon evidence presented at the July 26, 2012 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 represents a serious threat to the health, safety and welfare of the Village residents due to broken windows causing the structure to be unsecured, due to the presence of excessive trash and debris, and due to the presence of vermin. 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 abate the violation of Section 30 -33 after August 6, 2012 by taking reasonable actions concerning the broken window, trash and debris, and vermin in order to alleviate the dangerous conditions that such 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 conditions of the structure again violate Village Code as documented in the code enforcement files for the property. Please take notice that you must appear at the Fine Assessment Hearing for the Village's Abatement Costs, which will be held on the 23 d day of August, 2012 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that you have timely brought your property into compliance. 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 July, 2012. VILLAGE OF TEQUESTA CODE P� MAGISTRATE BY: KEViN WAGNER, SPECIAL MAGTSTRATE Filed with Villaze Clerk i Date: - 1 30 l X B Page 2 of 2