HomeMy WebLinkAboutOrders_Code Enforcement_03/27/2014_Brigitte Scharma CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2014 -00072
VS.
BRIGITTE SCHARMA,
Respondent.
RE: Violation of Chapter 30, Article II Section 30 -33 of the Code of Ordinances of the
Village of Tequesta.
Address: 95 Fairview West
Tequesta, Florida. 33469
Legal Description: TEQUESTA LT 452
PCN: 60- 42- 40- 26-01- 000 -4520
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 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 March 27, 2014, based on testimony presented by the Code
Enforcement Officer the property was not in compliance with Chapter 30, Article
II Section 30 -33 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 Chapter 30, Article II Section 30 -33 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 Chapter 30, Article II
Section 30 -33 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 $198.11 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 24 day of April, 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.
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.
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 day of March, 2014.
VILLAGE OF TE TA
CODE COM ANCE SPECI GISTRATE
BY:
VIN _ NER, PEC TRATE
Filed with Village Clerk
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