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HomeMy WebLinkAboutOrders_Code Enforcement_02/25/2016_Linda Bozzuot & Agnes Longe-Necker VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, CASE NO. 2015 -00198 Petitioner, VS. LINDA BOZZUTO & AGNES LONGE- NECKER, Respondents. STIPULATED ORDER FINDING VIOLATION Re: Violation of Development Order Requirements; Palm Beach County Pre - Annexation Address: 19600 U.S. Highway #1, Tequesta, Florida 33469 Legal Description: J111'I "I 1:R I IF.IGIITS IJ'S I TO 4 INC & BNI) 40 FT STRIP IYG W& AI)J `1'1 131.,11 4 PCN:60- 43- 40- 30 -02- 004 -0010 This Stipulated Order Finding Violation between the Village of Tequesta (the Village) and Linda Bozzuto & Agnes Longenecker (Respondents) resolves the code enforcement case identified above in a fair and amicable manner. The Village and Respondents agree and stipulate to the following: 1. In 2012, the above addressed property was voluntarily annexed into the Village of Te- questa. Prior to said annexation, the above addressed property had received certain de- velopment approvals from Palm Beach County. Said development approvals remain ap- plicable and enforceable by the Village of Tequesta following said voluntary annexation. 2. On February 25, 2016, the Village of Tequesta Code Enforcement Special Magistrate held a hearing regarding alleged violations of the above referenced development approvals. Respondents were present and represented by legal counsel. There was a finding of proper notice. The site plan documents and county approvals were accepted into evi- dence by the special magistrate, made part of the record for this matter, and are contained in the evidentiary case file for this matter. Page I of 4 3. Based on the foregoing approvals, as well a site visit that occurred prior to the February 25, 2016 hearing, Respondents have stipulated to the existence of the following violations and correction action: A. Landscaping with canopy trees 10' to 12' in overall height, plus 30" to 36" hedge shall be installed and maintained as required by the site plan (this is primarily on the east and north sides of the property). B. Vehicle washing is permitted (no other maintenance activity is permitted) but shall be limited to the vehicle bay in the rear of the building. C. Although the surface condition of the parking area in general was not specified as a violation in this case, Respondents may (but are not required, as a condition for com- pliance) re- surface same prior to re- striping. Re- striping of approved parking spaces is required as a condition of compliance. D. Respondents may (but are not required, as a condition for compliance), modi- fy /enhance the required perimeter landscaping in order to even further screen from view the parking area from surrounding properties with Village approval. E. All vehicle parking must be contained to striped spaces. Parking outside of striped spaces is prohibited at all times. Vehicles may also be parked in the designated vehi- cle washing area while being washed. Respondents stipulate to past parking viola- tions on the following dates, as depicted in the evidentiary case file for this matter: November 26, 27 and 30; December 1, 2, 5, 8, 9, 15, 16 and 27; January 1, 3, 5, 8, 9, 10, 11, 12, 13, 15, 16 and 31; February 3, 4, 5, 6, 7, 10, 12, and 15. F. Respondents shall immediately cease and desist parking any vehicles in any location on the above addressed property except in striped spaces. Vehicles may also be parked in the designated vehicle washing area while being washed. Further Respond- ents shall have 120 days from February 25, 2016 to bring the other above referenced matters into compliance. 4. The Village is entitled to recover its administrative costs incurred from the bringing of this matter to hearing. The amount of administrative costs to be assessed shall be heard by the Special Magistrate at a future hearing as set forth below. 5. The matter of fine assessment for the above referenced parking violations, as well as any future non - compliance with this Stipulated Order Finding Violation shall be heard by the Special Magistrate at a future hearing as set forth below. 6. This matter is hereby set for a Fine Assessment Hearing/Status Hearing on June 23, 2016 at 10:00 am, at the Village of Tequesta Council Chambers, 345 Tequesta Drive, Teques- ta, Florida 33469. Page 2 of 4 7. 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 re- inspection of the property. VILLAGE � TEQUESTA RESPONDENTS By: B: Y ith W. s, Esq. Gregory Kino, Esq. Village Attorney Attorney for Respondents Date: February 29, 2016 Date: February 29, 2016 Page 3 of 4 VILLAGE OF TEQUESTA, FLORIDA VILLAGE OF TEQUESTA, CASE NO. 2015-00198 Petitioner, VS. LINDA BOZZUTO & AGNES LONGE- NECKER, Respondents. ORDER ACKNOWLEDGING STIPULATED ORDER FINDING VIOLATION IT IS HEREBY ORDERED AND ADJUDGED, that the foregoing Stipulated Order Finding Violation is acknowledged and approved. The parties are directed to comply with its terms. DONE AND ORDERED on February 29, 2016. VILLAGE OF TEQU / BY: EVIN GNER SPE AL MAGISTRATE Filed with the Village Clerk On: 3 q I I By: Ili m� Page 4 of 4