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HomeMy WebLinkAboutOrders_Code Enforcement_12/19/2012_Eric Fritz CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA OR„ pER FINDING VIOLATION AND rERMITTING CONTINUING VILLAGE ABATEMENT VILLAGE OF TEQUESTA, Petitioner, Case No. 2012 -00121 VS. ERIC FRITZ, Respondent. RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta. Address: 244 Fairway East Tequesta, Florida 33469 Legal Description: TEQUESTA LT 219 PCN: 60- 42-40- 26-01- 000 -2190 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 13' day of December, 2012, and based on the evidence and testimony presented, entered 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 was not present at the hearing; however, there was a finding of proper notice. 2. Code Enforcement Officer Joe Petrick provided testimony and evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. 3. As of the hearing on December 13, 2012, based on testimony presented by code enforcement officers, 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 the landscape overgrowth. Page 1 of 2 CONCLUSIONS OF LAW The above - stated facts constitute a violation of Section 30 -33 of the Code of Ordinances of the Village of Tequesta. ORDER The Respondent is hereby ordered to comply with Section 30 -33 of the Code of Ordinances of the Village of Tequesta on or before December 28, 2012. If the Respondent fails to achieve compliance on or before December 28, 2012, a daily Fine of Seventy-five Dollars ($75.00) per day may be imposed for each day the violation continues to exist. If the Respondent fails to achieve compliance on or before December 28, 2012, it further is ordered that the Village may abate the violation of Section 30 -33 by taking reasonable actions concerning the landscape overgrowth 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 landscape overgrowth again violates the Village Code as documented in the code enforcement files for the property. Respondent also is assessed $155.80 for administrative costs incurred by the Village prior to December 13, 2012. Please take notice that you must appear at the Fine Assessment Hearing which will be held on the 24 day of January, 2013 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 reinspection of the property. DONE AND ORDERED THIS 4 day of December, 2012. VILLAGE OF TEQUESTA CODE COWL PEC L MA NTRATE BY: KEV"AGNVER, SP Filed with Villaize Clerk Date: 1WI41IR r _ B Page 2 of 2