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HomeMy WebLinkAboutOrders_Code Enforcement_05/22/2018_E180050_Donald Blauvelt CODE COMPLIANCE ORDER VILLAGE OF TEQUESTA, FLORIDA ORDER FINDING VIOLATION & PERMITTING VILLAGE ABATEMENT VILLAGE OF TEQUESTA, Case No. E180050 Petitioner, vs. DONALD BLAUVELT, Respondent. RE: �olation of Sections 302.7, 302.7.1, 302.7.2, 303.2, 305.1 and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. Address: 83 Golfview Drive Tequesta, Florida 33469 Legal Description: TEQUESTA LT 345 PCN: 60-42-40-26-01-000-3450 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 Hearing held on May 22, 2018, and based on the evidence and testimony presented, enters an Order Finding Violation and Permitting Village Abatement. The following Findings of Fact, Conclusions of Law, and Order are hereby entered: FINDINGS OF FACT 1. The Respondent is the owner of the above-described property. 2. The Respondent was present at the hearing; there was also a finding of proper notice. 3. 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. 4. As of the hearing on May 22, 2018, based on testimony presented by the code enforcement officer, the property was not in compliance with of Sections 302.7, 302.7.1, 302.7.2, 303.2, 305.1 and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta, and such violation of Sections 302.7, 302.7.1, 302.7.2, and 305.1 represents a serious threat to the health, safety, and welfare of the Village residents due to the downed fence and accumulation of vegetation and debris beneath said fence, as well as the pool being exposed with unobstructed access thereto. CONCLUSION OF LAW The above-stated facts constitute a continuing violation of Sections 302.7, 302.7.1, 302.7.2, 303.2, 305.1 and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta. ORDER Page 1 of 2 The Village may immediately abate the violation by taking reasonable actions to secure the pool and obstruct access thereto, secure the fence, and remove the accumulation of vegetation and debris beneath the downed fence, pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement will not create any liability against the Village for any damages to the property as a result of such good faith repairs or actions. The Village may also later request additional fines in order to recover the costs of these abatement activities by the Village. The Respondent is hereby ordered to continue to comply with Sections 302.7, 302.7.1, 302.7.2, and 305.1 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta once abatement has been accomplished. The Respondent is hereby ordered to comply with Sections 303.2, 305.1, and 302.8 of the IPMC per Section 14-121 of the Code of Ordinances of the Village of Tequesta on or before June 25, 2018. If the Respondent fails to achieve compliance on or before June 25, 2018, a daily fine of Twenty-Five Dollars ($25.00) per day may be imposed for each day the violation continues to exist. Respondent also is assessed $200.46 for administrative costs incurred by the Village prior to May 22, 2018 hearing. Please take notice that you rnust appear at the Fine Assessment Hearing which will be held on June 26, 2018 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 Respondent to contact the Code Compliance Division at (561) 768-0519 to request a reinspection of the property. DONE AND ORDERED THIS ��day of May, 2018. VILLAGE OF TEQUESTA CODE COMPLIANCE SP AL MA ISTRATE BY: KEV AGNE , P MAGIS Filed with V'illa e�k Date: 5 � I t� �; � Page 2 of 2