HomeMy WebLinkAboutOrders_Code Enforcement_03/30/2016_Estate of Carmen Legato CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER FINDING VIOLATION
& PERMITTING CONTINUING ABATEMENT
VILLAGE OF TEQUESTA, Case No. 2016 -00016
Petitioner,
vs.
ESTATE OF CARMEN
LEGATO,
Respondent.
RE: Violation of section 30 -33 of the Code of Ordinances of the Village of Tequesta,
Florida.
Address: 9 Bayview Court
Tequesta, Florida 33469
Legal Description: BAYVIEW TERRACE IN PB51P86 LT 3
PCN: 60-42-40-25-35-000-0030
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, heard testimony at the
Code Compliance Hearing held on March 30, 2016. Based on the evidence and testimony presented,
the following Findings of Fact, Conclusion of Law, and Order Finding Violation & Permitting
Continuing Abatement are hereby entered:
FINDINGS OF FACT
1. Carol Legato, widow of Carmen Legato, was present at the hearing; notice was proper.
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 March 30, 2016 and based on testimony presented by the code
enforcement officer, the property was not in compliance with 30 -33 of the Code of
Ordinances, Village of Tequesta, Florida and the condition of the pool and overgrown
grass presents a serious threat to the health, safety, and welfare of the residents of the
Village.
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
Respondent is ordered to comply with section 30 -33 of the Code of Ordinances of the Village
of Tequesta by April 6, 2016. If the Respondent fails to achieve compliance on or before April 6,
2016, a daily fine of $100.00 per day may be imposed for each day the violation continues to exist.
If the Violations regarding the pool conditions and overgrown grass are not compliant on
April 7, 2016, then the Village may abate the violations of section 30 -33 of the Code of Ordinances,
which pose a threat to the life, safety, and welfare of the residents of the Village, by taking reasonable
actions concerning the condition of the pool and height of the weeds and grass in order to alleviate
the dangerous conditions that such an attractive nuisance and vegetation issues present to
surrounding areas pursuant to legislative authority granted to the Village by section 162.09, Florida
Statutes. Such abatement action by the Village shall not 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 violations. Additionally, the Village may continue to abate the nuisance in the future
whenever the pool conditions and height of the vegetation and overgrowth again violate Village Code
as documented in the code enforcement files for the property. The Village may also later request a
fine assessment hearing on this matter in order to recover the costs of these abatement activities by
the Village.
Respondent was also assessed $205.96 for administrative costs incurred by the Village on
March 30, 2016.
Please take notice that you must appear at the Fine Assessment Hearing which will be held
on the April 28, 2016 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.
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.
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 of April 2016. y
BY:
KEVIN WAGNER, - SPECIAL MA6FS TE
Filed with Village Clerk
Date: 4 - - tP
By: ml t,J ej.-
Cc: Genworth Financial Home Equity Access, Inc., 1095 White Rock Road, Suite 200, Rancho
Cordova, CA 95670 (Loan #3000009365)
Secretary of Housing & Urban Development, 451 Seventh Street, SW, Washington, DC
20410 (FHA Case #095 - 12077381952 -25)
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