HomeMy WebLinkAboutOrders_Code Enforcement_06/15/2017_Donna and Michael McCarthy (2) CODE COMPLIANCE ORDER
VILLAGE OF TEQUESTA,FLORIDA
ORDER FINDING IRREPARABLE/IRREVERSIBLE
VIOLATION AND ASSESSING FINE
VILLAGE OF TEQUESTA, Case No. 2017-00077
Petitioner,
vs.
DONNA AND MICHAEL
McCARTHY,
Respondents.
RE: �olation of Chapter 30,Article X, Section 30-361 of the Code of Ordinances of the �1[age
of Tequesta.
Address: 16 Yacht Cub Place
Tequesta, Florida 33469
Legal Description: TEQUESTA REPL OF PT LT 604
PCN: 60-42-40-26-02-000-6040
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, 2017. Based on the evidence and testimony presented,
the following Findings of Fact, Conclusion of Law, and Order are hereby entered:
FINDINGS OF FACT
1. Respondents were present at the hearing; there was also a finding of proper notice.
2. Code Compliance Officer Joe Petrick and Corporal Emir Yildiz of the Tequesta Police
Department provided testimony and evidence of the violation, as contained in the
Village's evidentiary case file which was accepted into evidence. Additionally, neighbors
James Ryan and Kimberly Ryan offered testimony concerning the violation. As of the
hearing on June 15, 2017, based on testimony presented by the Village Code Compliance
Off'icer, Corporal Yildiz and neighbors, the property was not in compliance with Chapter
30, Article X, Section 30-361 of the Code of Ordinances of the Village of Tequesta by the
date required in the Notice Of Violation.
CONCLUSION OF LAW
The above-stated facts constitute a violation of Chapter 30, Article X, Section 30-361of the
Code of Ordinances of the Village of Tequesta. The violations are irreparable and irreversible in
nature.
ORDER
It is the Order of the Special Magistrate that a Fine of Three Hundred Dollars ($300.00) is
hereby assessed for the two (2) irreparable and irreversible violations that existed on the property. It
is further ordered that Respondents shall immediately cease and desist from all further violations of
Section 30-361. If Respondents fail to achieve compliance, Respondents shall be assessed a Fine of
Two Hundred Fifty Dollars ($250.00) for each additional violation that is observed on the property.
Respondent also is assessed $198.68 for administrative costs incurred by the Village for the
June 15, 2017 hearing.
Please take notice that you must appear at the Fine Assessment Hearing which will be held
on the 17`h day of August, 2017 at 10:00 a.m, at Village Hall, Council Chambers, 345 Tequesta
Drive, Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that your property is
no longer in violation.
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 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 June 2017.
VILLAGE OF TEQUESTA
CODE COMPLIAN �rL'l AG�IST�ATE
BY: ,�
K�VIN W �NE SPE �-E-
Filed with Villa e Clerk �'
Date: �1
B :
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