HomeMy WebLinkAboutOrders_Code Enforcement_03/27/2014_David Kydd CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2014 -00071
VS.
DAVID KYDD,
Respondent
RE: Violation of Chapter 30 Article H Section 30-33 of the Code of Ordinances of the Village
of Tequesta.
Address: 20 Pine Hill Trail
Tequesta, Florida 33469
Legal Description: TEQUESTA PINES LOT 38
PCN: 60- 42- 40- 25 -25- 000 -0380
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 March, 2014, 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 which lasted for 12 days between March 7 and March 19, 2014, and the previous
violation 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. The Respondent testified
that he has hired both pool and landscaping services to maintain his property in the future. Eric
Carlson, the Respondents back -yard neighbor, testified to his observations of the conditions of the
Respondent's property.
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CONCLUSIONS OF LAW
Based on the above - stated facts, Respondent was in repeat violation of Chapter 30 Article
II Section 30 -33 of the Code of Ordinances of the Village of Tequesta for 12 days.
ORDER
It is the Order of the Special Magistrate that a Fine of Two Hundred Fifty Dollars
($250.00) per day for 12 days, for a total of Three Thousand Dollars ($3,000.00) is hereby
assessed. Respondent also is assessed the Village's administrative costs in the amount of $290.11.
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.
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 2? day of March, 2014.
VILLAGE OF TEQUESTA
CODE COMPLIA IAL MA STRATE
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BY: ,
`I VIN W , SPECIAL TRATE
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Filed with Village Clerk j
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