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HomeMy WebLinkAboutOrders_Code Enforcement_01/30/2018_E170022_Tamwest Realty Inc. CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER ASSESSING FINE VILLAGE OF TEQUESTA, Case No. E170022 Petitioner, vs. TAMWEST REALTY INC., Respondent. / RE: Violation of Chapter 30, Article II, Section 30-33 and Chapter 78, Article IX, Section 78300 of the Code of Ordinances of the Village of Tequesta. Address: 564 US Highway 1 Tequesta, Florida 33469 Legal Description: 30-40-43, SLY 291.75 FT OF ELY 209.21 FT (LESS NLY 186.99 FT OF SLY 256.99 FT OF WLY 154.33 FT OF ELY 174.33 FT) & S 11 FT OF W 430 FT OF ELY 639.21 FT OF GOV LT 1 LYG W OF & ADJ TO US HWY 1 R/W & PT OF GOV LT 2 LYG N OF & ADJ TO VILLAGE BLVD & W OF & ADJ TO US HWY 1 R/WS (LESS N 68.33 FT OF W 115.70 FT N 23.33 FT OF E 193.33 FT OF W 309.03 FT, SLY 250 FT OF WLY 125 FT OF ELY 840.83 FT & SLY 272.59 FT OF ELY 178 FT) & PT OF NW 1/4 LYG E OF & ADJ TO PB89P108 & W OF & ADJ TO GOV LT 2 PCN: 60-43-40-30-00-001-0080 Page 1 of 3 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, has heard testimony at the Code Compliance Special Magistrate Hearing held on the 30'" day of January, 2018 and based on the evidence and testimony presented, entered an Order Assessing Fine. The following Findings of Fact, Conclusions of Law and Order are hereby entered: FINDING5 OF FACT 1. The Respondent is the owner of the above-described property. 2. Respondent was represented at the hearing by Lupe Bererra of Jupiter Tequesta Air Conditioning; there was also a finding of proper notice. 3. By the "Order Finding Violation" dated October 24, 2017, the Special Magistrate ordered the Respondent to comply with Section 30-33 (prohibited conditions — overflowing garbage) of the Code of Ordinances of the Village of Tequesta within fifteen (15) days and Section 78-300 (location and screening of dumpsters) of the Code of Ordinances of the Village of Tequesta within sixty (60) days. 4. Based upon the evidence, pictures and testimony presented at the hearing on January 30, 2018, the Special Magistrate found that the property was not in compliance with Sections 30-33 and 78-300 of the Code of Ordinances of the Village of Tequesta. CONCLUSIONS OF LAW The above-stated facts constitute a continuing violation of Sections 30-33 and 78-300 of the Code of Ordinances of the Village of Tequesta. ORDER It is the Order of the Special Magistrate that Respondent shall immediately cease and desist from all further violations of Section 30-33 (prohibited conditions — overflowing garbage) of the Code of Ordinances of the Village of Tequesta. If Respondent further violates Section 3033 (prohibited conditions — overflowing garbage) of the Code of Ordinances of the Village of Tequesta, Respondent shall be assessed a Fine of Two Hundred Fifty Dollars ($250.00) for each additional violation that is observed on the property. It is further ordered that a Fine of Twenty-Five Dollars ($25.00) is hereby assessed, at Twenty-Five Dollars ($25.00) per day, for the violations of Section 78-300 (location and screening of dumpsters) of the Code of Ordinances of the Village of Tequesta which have existed on the property beginning from January 30, 2018 through January 30, 2018, a period of one (1) day; and continuing to accrue at Twenty-Five Dollars ($25.00) per day until compliance is achieved. The Respondent also is assessed $214.40 for administrative costs incurred by the Village for the October 18, 2017 hearing and $233.32 for administrative costs incurred by the Village for the January 30, 2018 hearing. Page 2 of 3 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���q, 2018. VILLAGE OF TEQUEST�'�'� CODE COMP SPECIAL MAGISTRATE , �_ � BY:I KEVIN WAG R, SPE AL M ISTRATE Filed with Villa e Clerk � ��� " _ Date: — lv�l� � By: � � �,. Page 3 of 3