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Home My WebLink AboutOrders_Code Enforcement_11/19/1999 r ' .� rcr, i :i � r � :s.. t-' � 1 ` �.s �+ rn u iii �i ii� u u� �� i� n ��i ri �� i ;�� r�� r�� ;+�� . VILLAGE OF TEQUESTA SPECIAL MASTER ENFORCEMENT HEARING VILLAGE OF TEQUESTA, Petitioner vs. CASE NO.: 98-18198 W. A. SIEGEL and HATTIE I. SIEGEL, Respondents. / OR]DER FINDING VIOLATIONS Re: Violation of: (A) Code of Ordinances of the Village of Tequesta, Florida, Chapter 10, Health and Sanitation, Article II. Weeds, Undergrowth and Other Plant Life, Sec. 10-17, Excessive � Accumulation Prohibited; Declared a public Nuisance, �i, Pages No. 581, 582. .;� (B) Code of Ordinances of the Village of Tequesta, Florida, �� Chapter 10, Health and Sanitation, Article II, Weeds, � o Undergrowth and Other Plant Life, Sec. 10-18. Unlawful ��, growth enumerated. (b), pages No. 582, 583. �� M (C) Code of Ordinances of the Village of Tequesta, Florida, ,� � Chapter 6, Buildings and Building Regulations, Article o,� w V. Housing, Sec. 6-81. Code- Adopted. Sec. 6-82. Same W� Amendments, pages No. 365, 366. (101.6 Maintenance; o� 307.4 Care of Premise). a�� a��n � Address : 498 Dover Road � � � � Tequesta, Florida 33469 � o M a Legal Description: Jupiter in the Pines Sec B �� Lt . 6 Blk 15 v � � v (604240250060) 0 0 r � r � a � The Special Master was appointed by the Village of Tequesta to hear these code enforcement cases for the Village of Tequesta, in accordance with Chapter 162, Florida Statutes. The Code � Enforcement Hearing was held on the 19 day of November, 1999, � and based on the evidence and testimony presented, the following � FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDERS are hereby � entered: n � � 0 U W � ' . , FINDINGS OF FACT 1. The Respondents, W.A. SIEGEL and HATTIE I. SIEGEL �re owners of the subject property. 2. The Respondents, W.A. SIEGEL and HATTIE I. SIEGEL, and their attorney, Adam D. Falcon, were properly notified of the date and time established for the hearing. (See Order for Continuance attached) 3. On Friday, November 19, 1999, Adam D. Falcon, Esq. telefaxed a letter to me, as Special Master, advising me that neither he nor his clients would "be appearing for the hearing". 4. I heard sworn testimony from: A. Village Manager, Tom Bradford B. Sgt. John Irovando C. George C. Gentile, Licensed Landscape Architect D. David French E. Michelle Hartsoul F. Wade Griest G. Russell Von Frank 5. I viewed a video tape and several pictures which were introduced into evidence. 6. The clerk recorded all exhibits which were introduced into evidence. 7. The Village has sustained its burden of proof and shown by substantial competent evidence that violations of its codes did occur and do continue to exist. 8. There was and is the existence of excessive accumulations and untended growth of weeds, undergrowth, or other dead or living plant life, and the Respondents' parcel of land is infested with rodents, vermin and wild animals al1 of which do threaten the public health, safety, and welfare. This may reasonably cause disease, and adversely affects and impairs the economic welfare of adjacent property. 9. Pursuant to Chapter 10, Section 10-17, the Respondents' parcel is declared to be a public nuisance. 10. The Respondents have permitted rubbish, trash, debris, dead trees and other unsanitary and unsightly conditions to remain on the premises. 11. The Respondents have permitted open storage of building materials and weeds on their land. 2 12. The Respondents have not maintained their property in either a safe or sanitary condition. 13. These factors/violations present a serious threat to the public health, safety and welfare. CONCLUSIONS OF LAW Respondents are in violation of the following: A. Code Section 10-17. B. Code Section 10-18. C. Code Sections 6-81 and 6-82, and Section 101.6, and Section 307.�. of the Standard Housing Code. ORDER It is my intention to consider each violation separately, and to impose an individual fine for each violation. l. The Special Master finds that the Respondents, W.A. SIEGEL and HATTIE I. SIEGEL, owners of the property, have violated Code Section 10.17. Respondents are given until December 21, 1999, to comply with Code Section 10.17, and if not complied by that date, a$250.00 per day penalty will be imposed. 2. The Special Master finds that the Respondents, W.A. SIEGEL and HATTIE I. SIEGEL, owners of the property, have vi,olated Code Section 10.18(b) and (e). Respondents are given ��ntil December 21, 1999, to comply with Code Section 10.18(b} an.d {�) and if not complied by that date, a$250.00 per day penalty will be imposed. 3. The Special Master finds that the Respondents, W.A. SIEGEL and HATTIE I. SIEGEL, owners of the property, have violated Code Sections 6-81, 82 and Standard Housing Code Section 307.4. Respondents are given until December 21, 1999, to comply with Standard Housing Code Section 307.4, and if not complied by that date, a$250.00 per day penalty will be imposed. � 4. The Special Master finds that the Respondents, W.A. SIEGEL and HATTIE I. SIEGEL, owners of the property, have violated Code Sections 6-81, 82 and Standard Housing Code Section 101.6. Respondents are given until December 21, 1999, to comply with Standard Housing Code Section 101.6, and if not complied by that date, a$250.00 per day penalty will be imposed. 5. Al1 costs incurred in prosecuting these cases are hereby imposed upon the Respondents who shall have until December 21, 1999, to pay same. A Supplemental Order will follow when these costs are verified to me. 3 6. The Respondents shall notify the Village of Tequesta as each violation is complied so that the appropriate Code Enforcement Officer, as well as any consultants for the Vz��age� have an oppartunity to view the premises and to certify compliance. 7. Pursuant to �ection 2.96, the Special Master finds that the violation presents a serious threat to the public health, safety, and welfare, and, therefore, the Village at its option may make all reasonable repairs required to bring th� property into compliance and charge the violators with all reasonable costs of repairs. � 1 DONE AND ORDERED this �/�'�' day of November, 1.�99. VILLAGE OF TEQUESTA CODE ENFORCEMENT By: AL S RUF, ES . Special r Copies furnished to: Betty C. Resch, Esq. Adam D. Falcon, Esq, Sgt. John Irovando, Code Enf. Officer W. A. Siegel & Hattie I. Siegel, Respondents (via certified mail & regular mail) � i '%i i `.� w! � 3 f:� i , . .,. �` �'�� ... ;�.'a! ;� f". T` ; � ; � . .. � . :2� _ _ �,•:a �c.�% Z a�i��a. ti��le.� y�. ,t.t�1�:;i.� vW`:i i��1 Y`� J �.:: � i {P,j . �i �A. �`t�4:`.• x�:.i `a�! S�`�1 �t'i � V�i�3.F^.wi6�". �'.��S�� A „ w' . :� 'tf�� i 11l : �.:I�� .4..in� 4w1` �' t�3t' 1 f�.l�ti�.�6�� Fw�.��i��.'� 1�i�� .�'.�ioi'�">`�c ��i �I`�L' � O�Ff�:t�i s�S. °rh�s i—�.. �,�� r�!A. .� �3 � ,_ �.�a �x.�._„_. o ��. dOAN�i k4A�N(� �i,p Vp. LL�►�� Clk� 4 RECORDER'S MEMO: Legibility ef document unsatisfactory when received. .' � -=:! -i5!�� k�4:34a�n `3°=`— - :�::,:� _ ._ _. ORB 1 1 S2 1 Pg 1�� " 'lil il Itl ll Iil ll IN q ill il il111 �i! Q��! 1! 1�!'� !!! i!1!' 5 , , VILLAGE OF TEQUESTA SPECIAL MASTER ENFORCEMENT HEARING VILLAGE OF TEQUESTA, Petitioner vs. CASE NO.: 98-18198 W. A. SIEGEL and HATTIE I. SIEGEL, Respondents. / SUPPLEMENTAL ORDER TO ORDER FINDING VIOLATIONS ENTERED NOVEMBER 29 1999 Re: Violation of: (A) Code of Ordinances of the Village of Tequesta, Florida, Chapter 10, Health and Sanitation, Article II. Weeds, Undergrowth and Other Plant Life, Sec. 10-17, Excessive � Accumulation Prohibited; Declared a public Nuisance, a �n Pages No. 581, 582. � M (B) Code of Ordinances of the Village of Tequesta, Fl�rida, .� N Chapter 10, Health and Sanitation, Article II Weeds, � o� Undergrowth and Other Plant Life, Sec. 10-18. U�lawful r;� growth enumerated. (b), pages No. 582, 583. ��` (C) Cbde of Ordin.ances of the Village of Tequesta, Florida, ��, Chapter 6, Buildings and Building Regulations, Article W� � V. Housing, Sec. 6-81. Code- Adopted. Sec. 6-82. Same ,� � Amendments, Loages No. 365, 366. (101.6 Maintenance; � � � 307.4 Care of Premise). a ,-� � �n � �;� � Address: 498 Dover Road � � � Tequesta, Florida 33469 w x � Legal Description: Jupiter in the Pines Sec B �j -� v Lt . 6 Blk 15 0 0 � H (604240250060) �� a 3 The Special Master was appointed by the Village of Tequesta to hear these code enfc�rcement cases for the Village of Tequesta, � in accordance with Chapter 162, Florida Statutes. The Code � Enforcement Hearing was held on the 19 day of November, 19�9, and based on the evidence and testimony presented, the undersigned � Special Master renderecl his Order Finding Violations on November 29, 1999. Q � 1 � U U � � .. : - .:__ : � : � • 4 Pursuant to paragraph 5 of the section entitled Orders, as contained in said Order Finding Violations dated November 29, 1999, the Special Master hereby renders a Supplement�i C�rder specifying that the total amount of costs incurred in prosecuting these cases is the sum of Twenty-Five Thousand Five Hundred Thirty-�'our pollars and One Cent ($25,534.01). Tne R�spondents shall have until Decerr��er 21, 1999, to pay same. DONE AND ORDERED this day of December, i�9c. VILLAGE OF TEQUESTA CODE ENFORCEMENT By: �� ALAN S RL7F , E S Q, Special Master � .� � � � : a �' ..;,:_.... i �`-;., `.` ., . ,' .. �. � s� ` - , ... �W . � (: ., t'.iR;. �. �"... �a. �., . ' .� . ..... .:.I i�y r. il :'d �� ;:� t ` v' g _ � ,F�i�.. r'.:':e. ..✓ p i i.W v.� i..F-. Lr�.��;... i�.): . �.,.� ' 7 . �., . a� !'�'�_ s� G � i�,"�, �w��ii��,� r� ,.: � t , � ,:'� d i '. i>: � � f �' �y , �q � pQ �d'Y��IllY. w�`'.�aii� lr9�e�9...L�`�.�� n''r�.� �w:"��a�+�.�1 av / / � �':�cA'f�`+G ^� �`'�' � � ��7\�m''� �kiitlVl �i�..�.�.r ��;..:.�!4.i `��..�t'170. ��r.�. � Copies furnished to: Betty C. Resch, Esq. (via telefax & regular mail) Adam D. Falcon, Esq. (via telefax & regular mail) Sgt. John Irovando, Code Enf. Officer (via telefax & regular mail) W.A. Siegel and Hattie I. Siegel (via certified & regular mail) 2