HomeMy WebLinkAboutOrders_Code Enforcement_09/24/2015_Deutsche Bank National Trust CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE &
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 II, 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 September 24, 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. The previous Order Finding Violation & Permitting Village To Abate Violation required
Respondent to comply with section 30 -33 by repairing the cracked windows and exterior
structures before September 23, 2015 and permitted the Village to immediately abate the
unsecured pool that posed an immediate threat to public health.
4. As of the hearing on September 24, 2015, based on testimony presented by the code
enforcement officer, the property was not in compliance with Section 30 -33 as the exterior
structure was not repaired, and such violation of Section 30 -33 represents a serious threat to
the health, safety, and welfare of the Village residents due to potential to harbor nuisances
and become a hazard in storms.
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
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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 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
structure exterior and repair cracked windows, which may pose a threat to public safety as an
attractive nuisance or danger in the event of a hurricane, 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 is assessed four hundred fifty dollars for the costs the Village incurred in abating
the violations and securing the pool. Respondent is assessed one hundred fifty dolllars for the costs
the Village incurred in abating the violations and securing the fence. Respondent also is assessed two
hundred, eighty -seven dollars and ninety -six cents for administrative costs incurred by the Village
prior to September 24, 2015 hearing.
Please take notice that you must appear at the Fine Assessment Hearing which will be held
on October 2, 2015 at 1:00 pm 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.
DONE AND ORDERED THIS C o day of October, 2015
BY:
KE G ER, SPECIAL MAGISTRATE
Filed with Village Clerk
Date:
By:
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