HomeMy WebLinkAboutOrders_Code Enforcement_09/24/2015_Federal National Mortgage CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE &
PERMITTING VILLAGE TO ABATE VIOLATION
VILLAGE OF TEQUESTA, Case No. 2015 -00110
Petitioner,
VS.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Respondent.
RE: Violation of Chapter 30, Article II, Section 30 -33 of the Code of Ordinances of the
Village of Tequesta.
Address: 95 Fairview West
Tequesta, Florida 33469
Legal Description: TEQUESTA LT 452
PCN: 60- 42- 40- 26 -01- 000 -4520
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 this order. The following Findings of Fact,
Conclusions of Law, and Order are hereby entered:
FINDINGS OF FACT
1. 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. At the previous hearing, an Order Finding Violation & Permitting Village To Abate
Violation was entered. Respondent was ordered to repair the soffits and remove all
vegetation overgrowth before September 23, 2015. Additionally, the Village was
authorized to abate the rodent infestation.
4. As of the hearing on September 24, 2015, based on testimony presented by code
enforcement officer, the property was still not in compliance with section 30 -33. The
violation represents a serious threat to the health, safety, and welfare of the Village
residents due to the remaining damaged soffits and vegetation overgrowth at the
structure, which promote rodent infestation.
CONCLUSIONS 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 property continues to be in violation of Section 30 -33 of the Village Code of
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Ordinances. Respondent is assessed six hundred, forty-five dollars for the costs of the previous
abatement and a fine of one hundred fifty dollars for the period of violation from September 23,
2015 until September 24, 2015. Respondent is also assessed two hundred eighty-one dollars and
forty-five cents for administrative costs incurred by the Village prior to the September 24, 2015
hearing.
The Village may immediately abate the violation by taking reasonable actions to repair
the soffits and remove the vegetation overgrowth, pursuant to legislative authority granted to the
Village by Section 162.09, Florida Statutes. The Village may continue to abate the vegetation
overgrowth, if necessary. 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.
Please take notice that you must appear at the Fine Assessment Hearing which will be
held on October 29, 2015 at one o'clock in the afternoon 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 day of October, 2015.
VILLAGE OF TEQUESTA
CODE COMPLI E AGISTRATE
B
IN ER, SPECIAL TE
Filed with Village Clerk
Date: %0A U i i
By:
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