HomeMy WebLinkAboutOrders_Code Enforcement_05/29/2013_Kay-Lynette Roca CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION AND PERMITTING
VILLAGE ABATEMENT
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2013 -00035
VS.
KAY - LYNETTE ROCA,
Respondent.
RE: Violation of Chapter 30 Article IV Section 30 -113 of the Code of Ordinances of the
Village of Tequesta.
Address: 285 Golfview Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 384
PCN: 60- 42- 40- 26 -01- 000 -3840
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 23 day of May, 2013, 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:
FINDINGS OF FACT
1. The Respondent, Kay- Lynette Roca, 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 May 23, 2013, and based on the testimony and other
evidence presented by the Code Enforcement Officer, the Special Magistrate finds that the
property is in violation of Section 30 -113 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 presence of large amounts of loose gravel on the property.
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CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Section 30 -113 of the Code of Ordinances
of the Village of Tequesta.
ORDER
The Respondent is hereby ordered to comply with Section 30 -113 of the Code of
Ordinances of the Village of Tequesta on or before June 7, 2013. If the Respondent fails to
achieve compliance on or before June 7, 2013, a Fine of One Hundred Dollars ($100.00) per day
may be imposed for each day the violation continues to exist.
It is hereby ordered by the Special Magistrate that the Village may abate the violation of
Section 30 -113 after June 7, 2013, by taking reasonable actions concerning the loose gravel 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 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 also may later request additional fines in
order to recover the costs of these abatement activities by the Village. The Respondent is hereby
ordered to continue to comply with Section 30 -113 of the Code of Ordinances of the Village of
Tequesta once abatement has been accomplished.
Respondent also is assessed the Village's administrative costs in the amount of $200.68.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on the 27 day of June, 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 21 day of May, 2013.
VILLAGE OF ESTA
CODE CC11bI JsIANCE S C L_ MAGISTRATE
WAGNER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date: o?
B al
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