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HomeMy WebLinkAboutOrders_Code Enforcement_06/26/2018_E180050_Donal Blauvelt CODE COMPLTANCE ORi7ER VILLAGE OF TEQUESTA,FLORIDA ORDER GRANTING CONTINUANCE FINE ASSESSMENT HEARING AND PERMITTING CONTINUING VILLAGE ABATEMENT VILLAGE OF TEQUESTA, Petitioner, Case No.E1800050 vs. DONALD BLAUVELT, Responc�ent: / RE: 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. Address: 83 Golfview Drive Tequesta, Florida 33469 Legal Description: TEQIJESTA i T 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 the 26`" day of June, 2018, and based on the evidence and testimony presented, enters an Order Granting Continuance Fine Assessment Hearing and Permitting Continuing 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 not present at the hearing; however, there was a finding of proper notice. 3. By the"Order Finding Violation and Permitting Village Abatement"dated May 23,2018, the-Speeial�b4agistrate�vrYieret�ttre Respondent tv comply wit�-�eetivns 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. The Special Magistrate further ordered that 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 4. Based upon evidence presented at the June 26, 2018 Special Magistrate Hearing, the Special Magistrate finds that the properiy remains in violation of Sections 302.7, 302.'1.1, 3o2.7.2, 303.2, 305.1 and 302.8 of the IPMC per Section I4-I2I of the Code of Ordinances of the Village of Tequesta and such violation of Section 302.7.2 represents a continuing serious threat to the health, safety and welfare of the Village residents due the pool being nonfunctional and uncovered. Page 1 of 2 coNez�rs�aNs a�r.aw 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 Tt is the Oi'der of the Special M�gistrate that the Fine /\ssessment in�tter be continucd. Tt is further ordered by the Special Magistrate that the Village may immediately abate the violation of Section 302.72 by taking reasonable actions concerning the nonfunctional and uncovered pool in order to alleviate the dangerous conditions that such pool issues may present to surrounding areas pursuant to legislative authority granted to the Village by Section 162.09, Florida Statutes. Such abatement action by the Village shall in no way create a continuing obligation or any present or future liability for any damage to the property that may resutt from such good faith attempts to abate the violations. Additionally, the Village may continue to abate the nuisance in the future whenever the pool issues again violate Village Code as documented in the code enforceinent files for lhe property. The Village may also laler request a fine assessment hearing on this matter in order to recover the costs of these abatement activities by the Village. Please take notice that you must appear at the Fine Assessment Hearing which will be held on the 24'" day of July, 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 mto comp�iancc: Assessment of administrative costs incurred by the Village for the June 26, 201 S hearing is llel'2b}'RESERVED. 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 re-inspection of the property. DONt' ANI� ORDERED THiS�day of June, 2018. VILLAGE OF TE / CODE CO I��CE SP CI M ISTRATE , , i %' BY: � � VIN ER, SPE TRATE Filed with Villa e Clerk Date: t t By: • Page 2 of 2