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HomeMy WebLinkAboutOrders_Code Enforcement_08/27/2012_TD Bank CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER ASSESSING FINE VILLAGE OF TEQUESTA, Petitioner, Case No. 2012 -00062 VS. TD BANK NA, Respondent. RE: Violation of Chapter 30 Article II Section 30 -32 of the Code of Ordinances of the Village of Tequesta. Address 1: 4534 County Line Road Tequesta, Florida 33469 Legal Description 1: 25- 40 -42, N 552.98 FT OF E 280 FT OF NW '/4 K/A GOV LT 1 (LESS N 190 FT OF E 150 FT & N 140 FT OF W 65 FT OF E 215 FT) PCN 1: 60- 42- 40- 25 -00- 001 -0030 Address 2: 4546 County Line Road Tequesta, Florida 33469 Legal Description 2: 25- 40 -42, W 420 FT OF NW %4 OF NE ' / 4 (LESS S 779.63 FT) PCN 2: 60- 42- 40- 25 -00- 000 -1080 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 23 day of August, 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, TD Bank, was not present at the hearing; however, there was a finding of proper notice. 3. By the "Order Finding Violation" dated July 30, 2012, the Special Magistrate ordered the Respondent to comply with the violations of Section 30 -32 of the Code of Ordinances of the Village of Tequesta on or before August 6, 2012, or be subject to fine. Page 1 of 2 4. By "Order Finding Violation and Granting Continuing Abatement" dated July 30, 2012, the Special Magistrate found health, safety and welfare violations of Section 30 -32 of the Code of Ordinances of the Village of Tequesta and permitted the abatement of these violations after August 6, 2012. The Order also provided that the Village could request that the costs of any abatement action be assessed against the property at a later date. 5. Based upon the evidence and testimony presented at the hearing on August 23, 2012, the Special Magistrate found that the Village abated the violations on August 16, 2012, so that the property now is in compliance with Section 30 -32. CONCLUSIONS OF LAW The above - stated facts constitute a violation of Section 30 -32 of the Code of Ordinances of the Village of Tequesta. ORDER It is the Order of the Special Magistrate that a Fine of One Thousand Eight Hundred Dollars ($1,800.00) is hereby assessed, at Two Hundred Dollars ($200.00) per day, for the violations which existed on the property from August 7, 2012 through August 15, 2012, a period of nine (9) days. It further is the Order of the Special Magistrate that Respondents shall be assessed $721.20 ($450.00 in abatement costs and $271.20 in administrative costs) for the August 23, 2012 hearing. The Special Magistrate also reaffirms that Respondents shall be assessed $249.18 in administrative costs for the July 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 -0506 to request a reinspection of the property. DONE AND ORDERED THIS 2�_ day of August, 2012. VILLAGE OF TEQUESTA CODE COMPL S CIAL MAGIST E BY: KE W PECI A Filed with Villa e Clerk Date: 71 I z. B Page 2 of 2