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HomeMy WebLinkAboutOrders_Code Enforcement_12/12/2013_Robert and Beth Madden CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER ASSESSING FINE VILLAGE OF TEQUESTA, Petitioner, Case No. 2013 -00055 VS. ROBERT AND BETH MADDEN, Respondents. RE: Violation of Appendix B, Sections 302.4, 302.4, 303.6 and 303.7 of the IPMC, of the Code of Ordinances of the Village of Tequesta. 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 Special Magistrate Hearing held on the 12t'day of December, 2013 and based on the evidence and testimony presented, entered an Order Assessing Fine. The following Findings of Fact, Conclusions of Law and Order are hereby entered: FINDINGS OF FACT 1. The Respondents 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. Austin Noll, Esq., representing Wells Fargo Bank attended the hearing on behalf of the bank. 3. By "Order Finding Violation and Permitting Continuing Village Abatement" dated August, 2013, the Special Magistrate found health, safety and welfare violations of Appendix B, Sections 302.4, 302.4, 303.6 and 303.7 of the IPMC, of the Code of Ordinances of the Village of Tequesta, allowed Respondent until August 30, 2013 to bring the property into compliance, and permitted the abatement of these violations if Respondents failed to comply. The Order further imposed daily fines of $100.00 per day for each day that Respondents failed to comply with the Order. The Order also provided that the Village could request that the costs of any abatement action be assessed against the property at a later date. 4. Based upon the evidence and testimony presented at the hearing on December 12, 2013, the Special Magistrate found that the Village has abated certain violations. Page 1 of 2 CONCLUSIONS OF LAW The above - stated facts constitute a violation of Appendix B, Sections 302.4, 302.4, 303.6 and 303.7 of the IPMC, of the Code of Ordinances of the Village of Tequesta, which has now been cured by Village abatement. ORDER It is the Order of the Special Magistrate that Respondents shall be assessed $5,200.00 ($100.00 per day for 52 days that the property remained in violation prior to abatement by the Village), $2,626.28 in abatement costs, $209.22 in administrative costs as originally assessed at the August, 2013 violation hearing, and $187.11 in administrative costs for the December 12, 2013 hearing, for a total fine in the amount of $8,222.61. 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 Respondents, pursuant to Chapter 162, Florida Statutes. 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 December, 2013. VILLAGE OF TEQUESTA. CODE COMPLI EC GIS TE BY: 'l _ V R, SP IAL STRATE Filed with Vill e Clerk Date: By: yl Page 2 of 2