HomeMy WebLinkAboutOrders_Code Enforcement_02/27/2014_Brian Tobin CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING ADDITIONAL ABATEMENT COSTS
VILLAGE OF TEQUESTA,
Peddoner,
Case No. 2013 -00086
VS.
BRIAN TOBIN,
Respondent
RE: Violation of Chapter 30 Article lI 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: 60- 42- 40- 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 27 day of February, 2014, and based on
the evidence and testimony presented, entered an Order Assessing additional Abatement Costs.
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 continuing existence of the
repeat violation, as well as all abatement activities and costs undertaken and assumed by the
Village since the rendering of the Order Finding Repeat Violation and Assessing Fine in this case.
Specifically, the Village incurred $1,847.50 in abatement costs related to vegetation and
landscaping work, and $750.00 in abatement costs related to trash and debris removal. Officer
Petrick testified that despite the abatement of the health, safety and welfare violations, the
property remains in repeat violation at a level that does not rise to a health, safety or welfare
concern. Brian Tobin testified that he has been working toward complete compliance.
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CONCLUSIONS OF LAW
Based on the above - stated facts, Respondent remains in repeat violation of Chapter 30
Article II Section 30 -33 of the Code of Ordinances of the Village of Tequesta. However, due to
the abatement action taken by the Village, the violations no longer 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) continues to be assessed beginning October 14, 2013 when the repeat violation
was noticed, and continuing until compliance is achieved. Abatement costs in the amount of
$1,847.50 and $750.00 are likewise assessed, along with administrative costs related to this
hearing in the amount of $112.11. The Village may continue to abate recurring health, safety and
welfare violations in the future whenever the conditions on the property again rise to such level as
documented in the code enforcement files for the property. The Village's costs from such future
abatement action shall be assessed against the Respondent.
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.
DONE AND ORDERED THIS 1P day of Ecba % W , 2014.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPEC GISTRATE
BY: 1
VIN WA ECIAL M GIST
F iled i
at • lQ l
BY! MIL
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