HomeMy WebLinkAboutOrders_Code Enforcement_05/29/2014_Ian and Mark Gordon CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2014 -00074
VS.
IAN AND MARK GORDON,
Respondents.
RE: Violation of Chapter 14, Article VI Section 14 -152 of the Code of Ordinances of the
Village of Tequesta.
Address: 301 Del Sol Circle
Tequesta, Florida 33469
Legal Description: CASA DEL SOL OF TEQUESTA LT 10
PCN: 60- 43- 40- 30 -55- 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 22nd day of May, 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 Respondents were 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. As of the hearing on May 22, 2014, based on testimony and evidence presented
by the Code Enforcement Officer, the property was not in compliance with
Chapter 14, Article VI Section 14 -152 of the Code of Ordinances of the Village
of Tequesta.
4. The violation, comprised of an unpermitted, installed natural gas /propane
generator in a multifamily building constitutes a threat to the public health, safety
and welfare.
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CONCLUSIONS OF LAW
The above- stated facts constitute a violation of Chapter 14, Article VI Section 14 -152 of
the Code of Ordinances of the Village of Tequesta. The violation constitutes threat to the public
health, safety and welfare.
ORDER
The Respondents hereby are ordered to comply with Chapter 14, Article VI Section
14 -152 of the Code of Ordinances of the Village of Tequesta no later than three days from the
date of this Order. If the Respondents fail 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 gas lines and disconnect the generator 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.
Respondents also are assessed $197.22 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 26 day of June, 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 Respondents to contact the Code Compliance Division at (561) 768 -0506 to request a
reinspection of the property.
DONE AND ORDERED THIS day of May, 2014.
VILLAGE OF TEQUESTA
CODE COMPLIANCE_SP CIAL MAGISTRATE
BY:
KEVIN WA , SPECIAL MA ISTRATE
Filed with Villaize Clerk
Date: a30 /t �(
By. 42L
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