HomeMy WebLinkAboutOrders_Code Enforcement_12/11/2014_Deutsche Bank National Trust Co. CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATIIQN
VILLAGE OF TEQUESTA,
Petitioner,
Case No. 2014-00149
VS.
DEUTSCHE BANK NATIONAL TRUST CO.,
Respondent
RE: Violation of Chapter 78, Article IX Section 78 -758 (IPMC Ch. 3, Sec. 302. of the Code
of Ordinances of the Village of Tequesta.
Address: 462 Tequesta Drive
Tequesta, Florida 33469
Legal Description: JUPITER IN THE PINES SEC B LT 4 BLK 21
PCN: 60- 42- 40- 25 -06- 021 -0040
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 11 day of December, 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, Deutsche Bank National Trust Co. was not present, 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 violation is are comprised of an unlawfully maintained pool barrier /fence.
CONCLUSIONS OF LAW
The above - stated facts constitute a violation of Chapter 78, Article IX Section 78 -758
(1PMC Ch. 3, Sec. 302.7) of the Code of Ordinances of the Village of Tequesta. The violation
constitutes a nuisance and a threat to the public health, safety and welfare.
ORDER
The Respondent hereby is ordered to comply with Chapter 78, Article IX Section 78 -758
(IPMC Ch. 3, Sec. 302.7) of the Code of Ordinances of the Village of Tequesta immediately. In
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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 properly secure the pool barrier /fence
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 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 Respondent at a properly noticed hearing for that purpose.
Respondent is also hereby assessed $207.92 for administrative costs incurred by the Village in
bringing this case to hearing.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on the 22 day of January, 2015 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 December, 2014.
VILLAGE OF TEQUE
CODE COMPLI E SPE AL MAGISTRATE
BY:
WAGNER, AGISTRATE
Filed with Villa eg_Clerk
Date: 1), -►5 -
By:1 �.
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