HomeMy WebLinkAboutOrders_Code Enforcement_12/12/2013_Brian Tobin CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2013410086
VS.
BRIAN TOBIN,
Respondent
RE: Violation of Chapter 30 Article II Section 30 -33 of the Code of Ordinances of the Village
of Tequesta.
Address: 266 Country Club Drive
Tequesta, Florida 33469
Legal Description: TEQUESTA LOT 162
PCN: 604240- 26-01- 000 -1620
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 12 day of December, 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 present at the hearing, and there was a finding of proper
notice.
3. Code Enforcement Officer Joe Petrick testified to the existence of the repeat
violation, and previous violations of the same code section which occurred within the past five (5)
years, and presented photographs of the violation as contained in the evidentiary case file. In
addition, Jill Howard and McCray Green testified to the existence of the violations. Both Officer
Petrick's testimony and the testimony of Ms. Howard and Mr. Green established that the
excessive overgrowth of vegetation harbors vermin, and the condition of the swimming pool is
causing a mosquito infestation. Brian Tobin testified that he has been unable to correct the
violations due to health and family issues.
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CONCLUSIONS OF LAW
Based on the above- stated facts, Respondent is in repeat violation of Chapter 30 Article II
Section 30 -33 of the Code of Ordinances of the Village of Tequesta. The violations cited in this
constitute a threat to the public health, safety and welfare.
ORDER
It is the Order of the Special Magistrate that a Fine of One Hundred Dollars per day
($100.00) is hereby assessed beginning October 14, 2013 when the repeat violation was noticed,
and continuing until compliance is achieved. Respondent is given seven (7) days from the date of
this Order to cure the violations. In the event that the Respondent fails to do so, the Village may
then 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 the Village's
administrative costs in the amount of $189.11.
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.
Please take notice that you must appear at the Fine Assessment Hearing which will be held
on the 23 day of January, 2014 at 10:00 am. 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, and the Village has incurred no abatement costs.
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.
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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.
DONE AND ORDERED THIS ,% day of December, 2013.
VILLAGE OF TE
ES-
CODECO CE SP I, LMAGISTRATE
B
)MV SP E MAGISTRATE
Filed with Villa e Clerk
Date: 0'13
B
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