HomeMy WebLinkAboutOrders_Code Enforcement_04/30/2013_DDR South East - Tequesta Shoppes - Sweets Bar and Grille CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA, Case No. 2013 -00028
Petitioner,
VS.
DDR SOUTH EAST TEQUESTA, LLC,
(TEQUESTA SHOPPES /SWEET'S BAR AND GRILLE),
Respondents.
RE: Violation of Chapter 30 Article X Section 30 -361 and Chapter 78 Article IX Section 78-
334 of the Code of Ordinances of the Village of Tequesta.
Address: 157 N. US Highway 1
Tequesta, Florida 33469
Legal Description: 30- 40-43, WLY 692.40 FT OF GOV LT 3 LYG E OF &
ADJ TO SR 5 (LESS N 200 FT, PB61P32 & PB65P103) &
NLY 121.76 FT OF ELY 300
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 25 day of April,
2013 and based on the evidence and testimony presented, entered an Order Finding Violation.
The following Findings of Fact, Conclusions of Law and Order are hereby entered:
FINDINGS OF FACT
1. The Respondent DDR South East Tequesta, LLC is the owner of the above -
described property. The shopping center is known as the Tequesta Shoppes and
the business in violation is Respondent Sweet's Bar and Grill.
2. The Respondent, DDR South East Tequesta, LLC, was not present at the hearing;
however, there was a finding of proper notice. The Respondent Sweet's Bar and
Grill was represented at the hearing by the owner Donna Sweet and its General
Manager.
3. 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. Village of Tequesta Police Officer Kurt Blanc and neighbors
James Roy and Michael Bills also offered testimony of the violation.
4. As of the hearing on April 25, 2013, based on the testimony and evidence
presented, the property was not in compliance with Section 30 -361 (prohibited
Page 1 of 2
noise). The property was in compliance with Section 78 -334 (site plan
requirements), but had not achieved compliance within the time specified in the
Notice of Violation.
CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Sections 30 -361 and 78 -334 of the Code
of Ordinances of the Village of Tequesta.
ORDER
The Respondents are hereby ordered to continue to comply with Section 78 -334 of the
Code of Ordinances of the Village of Tequesta (site plan requirements). The Respondents
further are ordered to comply with Section 30 -361 of the Code of Ordinances of the Village of
Tequesta (prohibited noise) within seven (7) days or by May 2, 2013. If the Respondents fail to
achieve compliance on or before May 2, 2013, a daily Fine of Two Hundred and Fifty Dollars
($250.00) per day may be imposed for each day the violation continues to exist.
The Respondents also are assessed $262.40 for administrative costs incurred by the
Village prior to April 25, 2013.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on the 23 d day of May, 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.
Should you violate the same Section of the Code again, you may be subject to a fine of
up to five hundred dollars ($500.00) per day for such repeat violation. Additionally, the Code
Inspector is not required to give a reasonable time to correct the repeat violation and the case
may be presented to the Special Magistrate even if the repeat violation has been corrected prior
to the Special Magistrate hearing.
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. �j�
DONE AND ORDERED THIS 7`'" day of April, 2013.
VILLAGE OF TE A
CODE C I CE ECIAL MAGISTRATE
KEVIN ER, SP ISTRATE
1�
Filed w ith Vill a g e - Cle - rk
Date: I �ol
B
Page 2 of 2