HomeMy WebLinkAboutOrders_Code Enforcement_08/27/2015_Deutsche Bank National Trust Company as Trustee for Harborview Mortgage CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION &
PERMITTING VILLAGE TO ABATE VIOLATION
VILLAGE OF TEQUESTA, Case No. 2015 -00093
Petitioner,
VS.
DEUTSCHE BANK NATIONAL
TRUST COMPANY, AS TRUSTEE
FOR HARBORVIEW MORTGAGE
LOAN TRUST MORTGAGE LOAN
PASS - THROUGH CERTIFICATES,
SERIES 2007 -2,
Respondent.
RE: Violation of Chapter 30, Article H, Section 30 -33 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 August 27, 2015, and based on the evidence
and testimony presented, entered an Order Finding Violation. The following Findings of Fact,
Conclusion 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 evidence of the violation,
as contained in the Village's evidentiary case file, which was accepted into evidence.
3. As of the hearing on August 27, 2015, based on testimony presented by the code
enforcement officer, the property was not in compliance with Section 30 -33, and such
violation of Section 30 -33 represents a serious threat to the health, safety, and welfare of
the Village residents due to insufficient pool barrier.
CONCLUSION OF LAW
The above - stated facts constitute a continuing violation of Section 30 -33 of the Code of
Ordinances of the Village of Tequesta.
ORDER
The Respondent is hereby ordered to comply with Section 30 -33 of the Code of
Ordinances of the Village of Tequesta by repairing cracked windows and exterior structures and
removing weeds and overgrowth from yards on or before September 23, 2015. if the Respondent
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fails to achieve compliance on or before September 23, 2015, a daily fine of two hundred dollars
per day may be imposed for each day the violation continues to exist.
The Village may immediately abate the violation by taking reasonable actions to secure
the pool or repair the existing barrier in a manner that prevents young children and medically
frail elderly persons from accessing the pool, pursuant to legislative authority granted to the
Village by Section 162.09, Florida Statutes. Such abatement will not create any liability against
the Village for any damages to the property as a result of such good faith repairs or actions. The
Village may also later request additional fines in order to recover the costs of these abatement
activities by the Village. The Respondent is hereby ordered to continue to comply with Section
30 -33 of the Code of Ordinances of the Village of Tequesta once abatement has been
accomplished.
Respondent also is assessed one hundred ninety -seven dollars and forty -six cents for
administrative costs incurred by the Village prior to August 27, 2015 hearing.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on September 24, 2015 at 10:00 am. 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.
Should you violate the same Section of the Code again, you may be subject to a fine 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.
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 Respondents, 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.
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DONE AND ORDERED THIS .� day of�gust, 2015.
VILLAGE OF TEQUESTA
CODE COMPLIANCE SPECIAL MAGISTRAT
BY KEYAN' AGNER, SPECIAL ISTRATE
Filed with Village Clerk
Date: r f -
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