HomeMy WebLinkAboutOrders_Code Enforcement_09/30/2013_Charles Pfeiffer CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2012 -00119
VS.
CHARLES PFEIFFER,
Respondent.
RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village
of Tequesta.
Address: 240 Fairway East
Tequesta, Florida 33469
Legal Description: TEQUESTA LOT 220
PCN: 60- 42- 40- 26 -01- 000 -2200
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 25 day of September, 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 was not present at the hearing; however, there was a finding of
proper notice.
2. Code Enforcement Officer Joe Petrick provided testimony and photographs as
evidence of the violation, as contained in the Village's evidentiary case file which
was accepted into evidence. In addition, the following persons all testified to
their observations of the conditions of the property, including observations of the
presence of vermin on the property: John Rhitz, Tom Raiford, David Green,
Cassie Lofquist, Mark Badertscher, and Jane Swain.
3. As of the hearing on May 23, 2013, based on testimony presented by the Code
Enforcement Officer, the property was not in compliance with Section 30 -33 of
the Code of Ordinances of the Village of Tequesta.
4. The violations comprised of vegetative overgrowth and open dog food containers
constitute a threat to the public health, safety and welfare since they attract vermin
to the property and to neighboring property.
Page 1 of 2
CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Section 78 -733 of the Code of Ordinances
of the Village of Tequesta. The violation constitutes threat to the public health, safety and
welfare.
ORDER
The Respondent hereby is ordered to comply immediately with Section 30 -33 of the
Code of Ordinances of the Village of Tequesta. If the Respondent fails to achieve compliance, a
daily fine of Two Hundred Fifty Dollars ($250.00) per day may be imposed for each day any
violations which do not constitute threats to the public health, safety and welfare continue to
exist.
Further, the Village may abate the violations of Section 30 -33 that constitute a threat to
the public health, safety and welfare, 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. The Village's
costs from such abatement action shall be assessed against the Respondent.
Respondent also is assessed $193.11 for administrative costs incurred by the Village
through September 25, 2013.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on the 12` day of December, 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
Respondent to contact the Code Compliance Division at (561) 768 -0506 to request a
reinspection of the property.
DONE AND ORDERED THIS day of September, 2013.
VILLAGE OF TE U
CODE COMP CE S A GI TE
BY:
VIN W R, SPECIAL MAGI -
Filed with Vil a e Clerk
Date:
Page 2 of 2