HomeMy WebLinkAboutOrders_Code Enforcement_12/11/2014_Charles Pfeiffer CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2014 -00161
VS.
CHARLES PFEIFFER,
Respondent.
RE: Violation of Chapter 10, Article II Section 10 -34 of the Code of Ordinances of the Village
of Tequesta.
Address: 240 Fairway East
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 220
PCN: 604240 - 26-01- 000 -2200
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 I V day of December, 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 are the owners of the above - described property.
2. The Respondent was not present at the hearing; however, there was a finding of
proper notice.
3. Code Enforcement Officer Joe Petrick testified to the existence of the repeat
violations which occurred six separate times between September and November, 2014. In
addition, Neil Chande and Brian Sunderhauf from the Tequesta Country Club, testified to their
observations of Respondent's dog running at large on golf course property. Finally, Tom Dasher,
244 Fairway East, testified to his observations of the Respondent's dog running at large.
4. Respondent was previously found to be in repeat violation of this same code
section in October, 2013.
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CONCLUSIONS OF LAW
Based on the above - stated facts, Respondent is in repeat violation of Chapter 10, Article 11
Section 10 -34 of the Code of Ordinances of the Village of Tequesta. The violations of dogs
running at large constitute a threat to the public health, safety and welfare.
ORDER
It is the Order of the Special Magistrate that a Fine of Five Hundred Dollars ($500.00) is
hereby assessed for each of the six (6) separate violations established to have occurred, for a total
fine of Three Thousand Dollars ($3,000.00). Respondents also are assessed the Village's
administrative costs in the amount of $181.98.
In addition, the Village may abate the violation that constitutes a nuisance and a threat to
the public health, safety and welfare, by taking reasonable actions to repair the border fence to
prevent Respondent's dogs from escaping the property 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 violation. Additionally,
the Village may continue to abate the nuisance in the firture 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
Respondent at a properly noticed hearing for that purpose.
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 pasty 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.
Please take notice that you must appear at the Fine Assessment Hearing which will be held
on the 22nd day of January, 2015 at 10:00 a.m. at Village Hall, Council Chambers, 345
Tequesta Drive, Tequesta, Florida 33469.
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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 day of December, 2014.
VILLAGE OF TEQUESTA
CODE COMPLIANC IAL MAGISTRATE
BY:� /
V WAGNE , S L MAGISTRATE
Filed w ith Village Clerk
Date: — I&Y — 14
By:
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