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HomeMy WebLinkAboutOrders_Code Enforcement_08/22/2013_Madden CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING VIOLATION AND PERMITTING CONTINUING VILLAGE ABATEMENT VILLAGE OF TEQUESTA, Petitioner, Case No. 2013-00055 vs. ROBERT AND BETH MADDEN, Respondents. / RE: Violation of International Property Maintenance Code Sections 302.1, 302.4, 303.6 and 303.'7. Address: 19 Pine Hill Trail East Tequesta, Florida. 33469 Legal Description: TEQUESTA PINES LOT 60 PCN: 60-42-40-25-25-000-0600 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 22" day of August, 2013, 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 l. The Respondents, Robert and Beth Madden, 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 provided testimony and evidence of the violation, as contained in the Village's evidentiary case file which was accepted into evidence. 4. As of the hearing on August 22, 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 International Property Maintenance Code Sections 302.1, 302.4, 303.6 and 303.7. Such violations represent a serious threat to the health, safety and welfare of the Village residents due to the presence of conditions such as vernun, garbage, rubbish, debris and building deterioration. Page i of 2 CONCLUSIONS OF LAW The above-stated facts constitute a violation of International Property Maintenance Code Sections 302.1, 302.4, 303.b and 303.7. ORDER The Respondents are hereby ordered to comply with International Property Maintenance Code Sections 302.1, 302.4, 303.6 and 303.7 on or before August 30, 2013. If the Respondents fail to achieve compliance on or before August 30, 2013, a daily Fine of One Hundred Dollars ($100.00) per day may be imposed for each day the violation continues to exist. If the Respondents fail to achieve compliance on or before August 30, 2013, the Village may abate the violations of International Property Maintenance Code Sections 302.1, 302.4, 303.6 and 303.7, by taking reasonable actions to alleviate the dangerous conditions on the property pursuant to the 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 on the property again violate the Village Code as documented in the code enforcement files for the property. Respondents also are assessed $209.22 for administrative costs incurred by the Village prior to August 22, 2013. Please take notice that you must appear at the Fine Assessment Hearing, which will be held on the 26 day of September, 2013 at 14:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that you nave iimely nroughi your property inio 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�� day of August, 2013. VILLAGE OF TF,QUESTA - -- - > CODE COMPLI��T�"�CIAL M�C-�ISTRATE ���- � / BY: .�';�'' , / --' �--- _.,. KEV GNER, SPECIAL MAGISTRATE Filed with Village Clerk � - `� s Date: .�' ��' � - �l�>� B �� � - li �- � l��_%Y,.�f�` Page 2 of 2