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HomeMy WebLinkAboutOrders_Code Enforcement_09/30/2013_Charles Pfeiffer (2) CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE VILLAGE OF TEQUESTA, Petitioner, Case No. 2013 -00071 VS. CHARLES PFEIFFER, Respondent. RE: Violation of Chapter 10 Article II Section 10 -34 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 Repeat Violation and Assessing Fine. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent is the owner of the above - described property. 2. The Respondent was not present at the hearing; however, there was a finding of proper notice. 3. Code Enforcement Officer Joe Petrick testified to the existence of the repeat violation. In addition, the following persons all testified to witnessing a minimum of six (6) different violations that occurred on different dates over the course of the past year: Mark Badertscher, Nancy Johnston, Jane Swain, John Rhitz and Tom Raiford. Further, the evidentiary case file contains multiple written witness statements from some of the above individuals. CONCLUSIONS OF LAW Based on the above - stated facts, Respondent is in repeat violation of Chapter 10 Article II Section 10 -34 of the Code of Ordinances of the Village of Tequesta on six (6) separate and Page 1 of 2 distinct occasions. ORDER It is the Order of the Special Magistrate that a Fine of Five Hundred Dollars ($500.00) is hereby assessed for each of the six (6) separate repeat violations, for a total fine of Three Thousand Dollars ($3,000.00). Respondent also is assessed the Village's administrative costs in the amount of $186.00. Should you violate the same Section of the Code again, you may be subject to additional fines 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. Should a dispute arise concerning compliance, either party may request a hearing before the Code Enforcement Special Magistrate on the issue of compliance only. 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 re- inspection of the property. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation exits and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. V CL DONE AND ORDERED THIS day of September, 2013. VILLAGE OF TE CODE CO ANCE IAL M G T B K IN WA E , SP CI TE Filed with Village Clerk Date: 0 - O i BY: ' �-� Page 2 of 2