HomeMy WebLinkAboutOrders_Code Enforcement_02/27/2014_Eastwinds Partnership CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2014 -00063
VS.
EASTWINDS PARTNERSHIP,
Respondent
RE: Violation of IPMC Section 301.3 of the Code of Ordinances of the Village of Tequesta.
Address: 3 Eastwinds Circle
Tequesta, Florida 33469
Legal Description: EASTWINDS LANDING LT 10
PCN: 60- 42-40- 25-40- 000 -0100
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 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.
3. The property is currently vacant and unoccupied.
4. As of the hearing on February 27, 2014, based on testimony presented by the
Code Enforcement Officer the property was not in compliance with IPMC
Section 301.3 of the Code of Ordinances of the Village of Tequesta.
5. The violations comprised of an exposed, unmaintained swimming pool and an
unsecured structure, constitute a threat to the public health, safety and welfare.
CONCLUSIONS OF LAW
The above- stated facts constitute a violation of IPMC Section 301.3 of the Code of
Ordinances of the Village of Tequesta. The violation constitutes threat to the public health,
safety and welfare.
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ORDER
The Respondent hereby is ordered to comply immediately with IPMC Section 301.3
of the Code of Ordinances of the Village of Tequesta. If the Respondent fails to achieve
compliance, the Village may abate the violations that constitute a threat to the public health,
safety and welfare, by taking reasonable actions to secure the structure and swimming pool, and
treat the swimming pool water 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 Respondents.
Respondent also is assessed $197.11 for administrative costs incurred by the Village.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on the 27a' day of March, 2014 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 Ct day ou�'.
VILLAGE OF TEQUESTA
CODE COMPLI CE A MAGISTRATE
BY:
VIN GNE , SP IAL M ISTRATE
F iled w rc
By-
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