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HomeMy WebLinkAboutOrders_Code Enforcement_06/15/2017_CVS Pharmacy CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER ASSESSING FINE VILLAGE OF TEQUESTA, Case No. 2017-00017 Petitioner, vs. CVS PHARMACY 2003 TEQUESTA ASSOC LLC, Respondent. RE: �olation of Chapter 30, Article II, Section 30-33; Chapter 78, Article IX, Sections 78-398 and 78-399; Chapter 78, Article X, Sections 78-701 and 78-700; Chapter 78, Article XI, Section 78-737 of the Code of Ordinances of the �[lage of Tequesta. Address: 260 S. US Highway 1 Tequesta,Florida 33469 Legal Description: 2003 TEQUESTAASSOC LLC LT 2 PCN: 60-43-40-30-52-000-0020 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 June 15, 2417. Based on the evidence and testimony presented, the following Findings of Fact, Conclusion of Law, and Order are hereby entered: FINDINGS OF FACT 1. Respondent was not present at the hearing. There was a finding of proper notice. 2. Joe Petrick, Village Code Compliance Off'icer, provided testimony and evidence of the violations, as contained in the Village's evidentiary case file, which was accepted into evidence. 3. In the "Order Finding Violation," from the April 25, 2017 violation hearing, the Special Magistrate ordered the Respondent to comply with Chapter 30, Article II, Section 30-33; Chapter 78, Article IX, Sections 78-398 and 78-399; Chapter 78, Article X, Sections 78- 701 and 78-700; Chapter 78, Article XI, Section 78-737 of the Code of Ordinances of the Village of Tequesta by June 9, 2017. CONCLUSION OF LAW The above-stated facts allow a fine to be assessed against the property based upon the violations of Chapter 30, Article II, Section 30-33; Chapter 78, Article IX, Sections 78-398 and 78- 399; Chapter 78, Article X, Sections 78-701 and 78-700; Chapter 78, Article XI, Section 78-737 of the Code of Ordinances of the Village of Tequesta. ORDER It is the Order of the Special Magistrate that a fine in the amount of Six Hundred Dollars ($600.00) is hereby assessed at a rate of One Hundred Dollars ($100.00) per day for the violations existing on the property from June 10, 2017 through June 15, 2017, a period of six (6) days; and the fine amount shall continue to accrue at One Hundred Dollars ($100.00) per day until compliance is achieved. The Respondent also is assessed $191.96 for administrative costs incurred by the Village for the June 15, 2017 hearing. Administrative costs assessed per prior order for the April 20, 2017 hearing in the amount of$218.96 are also reaffirmed. 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 exists 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 THIS ��day of June 291�:J� � �;- .�%--�I BY: / � j' KEV AGNER, SPECIAL MAGISTRATE Filed with Villa e Clerk Date: � By: Page 2 of 2