HomeMy WebLinkAboutOrders_Code Enforcement_04/28/2016_Estate of Carmen Legato CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA, FLORIDA
ORDER ASSESSING FINE
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 Special Magistrate Hearing held on April 28, 2016. Based on the evidence
and testimony presented, entered an Order Assessing Fine. The following Findings of Fact,
Conclusion of Law, and Order Assessing Fine are hereby entered:
FINDINGS OF FACT
1. Respondent is the owner of the above - described property.
2. Respondent was not present at the hearing; however, there was a finding of proper notice.
3. Under the prior Order Finding Violation & Authorizing Village Abatement, the Special
Magistrate ordered Respondent to comply with section 30 -33 of the Code of Ordinances
of the Village of Tequesta by April 6, 2016 and authorized the Village to abate the
violations that constituted threats to the public's health, safety, and welfare.
4. Based upon the evidence, pictures and testimony presented at the hearing on April 28,
2016, the Special Magistrate found that, although the Village had abated the violations
that constituted threats to the public's health, safety, and welfare, the property was still in
violation of section 30 -33, Village Code of Ordinances.
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 ASSESSING FINE
It is the Order of the Special Magistrate that a fine of two thousand two- hundred dollars
is hereby assessed at a rate of one hundred dollars per day for the violations which have existed
on the property from April 6, 2016 until April 28, 2016, a period of twenty -two days. This fine
shall continue to accrue at a rate of one hundred dollars per day until compliance is achieved.
Respondent is assessed five hundred seventy -five dollars for the Village's costs of abatement.
Respondent was also assessed $188.46 for administrative costs incurred by the Village at the
hearing.
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 Respondent, pursuant
to Chapter 162, Florida Statutes.
Upon complying in any code compliance matter, it is always the responsibility of the
Respondent to contact the Code Compliance Division at (561) 768 -0506 to request a
reinspection of the property.
DONE AND ORDERED on April / ay .�, 2016.'
B
IN WAG , SPECI MAGISTRATE
Filed with Village Clerk
Date: 12 /1 t I
By
Cc: Genworth Financial Home Equity Access, Inc., 1095 White Rock Road, Suite 200, Rancho
Cordova, CA 95670 (Loafs #3000009365)
Secretary of Housing & Urban Development, 451 Seventh Street, SW, Washington, DC
20410 (FHA Case #095- 12077381952 -25)