HomeMy Public PortalAboutPRR 16-2348RECORDS REQUEST (the "Request")
Date of Request: 10/19/2016
Requestor's Request ID#:
1296
REQUESTEE: Custodian of Records Sweetapple, Broeker & Varkas
Custodian of Records Jones, Foster. Johnston & Stubbs
Custodian of Records Town of Gulf Stream
Custodian of Records Richman Greer, P.A.
Custodian of Records Cole Scott & Kissane
Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman P.A.
REQUESTOR: Martin E. O'Boyle
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com
Fax: 954-360-0807 or Contact Records Custodian at recordsacommerce-group.com;
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide all records sent by or received by jorthwein(okulf-stream.ore and from any
other E -Mail account used by Joan Orthwein since January 1 2014 to the date of this Request
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE 6119.01(2)(F). FLORIDA STATUTES IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE, IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) () (2)
ALSO PLEASE TAKE NOTE OF 6119A7(Il(Hl OF THE FLORIDA STATUTES, WHICH I PROVIDES THAT"IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES'."
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01
(Definitions)), in advance of any casts imposed to the Requester by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES".
1/P/NP/FLRR -
07.28.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 20, 2016
Martin E. O'Boyle [mail to: recordsna,commerce-group.coml
Re: GS #2346 (PRR 1294), GS #2347 (PRR 1295), GS #2348 (PRR 1296), GS #2349 (PRR
1297), GS #2350 (PRR 1298 REVISED), GS #2351 (PRR 1315
Please provide a copy of all text messages which are records under Chapter 119 of the Florida
Statutes and which have been sent by or received by the Town of Gulf Stream far the period
beginning January 1, 2013 through the date of this Request.
Please provide all records sent by or received by joanorthwein@gmail.com since January 1, 2014
to the date of this Request.
Please provide all records sent by or received by jorthwein@gulf-stream.org and from any other
E -Mail account used by Joan Orthwein since January 1, 2014 to the date of this Request.
Please provide copies of all emails where Beau Delafteld was the sender or a recipient from
January 1, 2014 to present.
Please provide copies of all records (including, without limitation,) text messages and emails
where Tom Laudani was the sender or recipient and Joan Orthwein was the recipient or sender
from January], 2011 to present
Please provide copies of all records (including, without limitation,) text messages and emails
where George Elmore was the sender or recipient and Joan Orthwein was the recipient or sender
from January 1, 2011 to present
Dear Martin E. O'Boyle [mail to: recordsecommerce-group.coml:
The Town of Gulf Stream has received your public records requests dated October 19, 2016. The
original public records requests can be found at the following links:
http://www2.gulf-stream.ore/weblink/O/doc/103152/Page l .aspxx
http://www2.gulf-streani.org/weblink/O/doc/103153/Pagel.aspx
http://www2.gulf-stream.org/weblink/O/doc/103154/Pagel.gMx
htto://www2.gulf-stream.org/weblink/0/doc/103155/Page l.asp_x
hqp://www2.gulf-stream.org/weblink/O/doc/103156/Pa eg l.asox
httv://www2.gulf-stream.org/weblink/0/doc/I03157/PageI.aspx
Please be advised that the Town of Gulf Stream is currently working on a large number of
incoming public records requests. The Town will use its very best efforts to respond to you in a
reasonable amount of time with the appropriate response or an estimated cost to respond.
Sincerely,
Jzii d Qo14" Dw�u
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 15, 2016
Martin E. O'Boyle [mail to: recordsna,commerce-group.coml
Re: GS #2348 (PRR 1296)
Please provide all records sent by or received byjorthwein@gut(-stream.org and from any other
E -Mail account used by Joan Orthwein since January 1, 2014 to the date of this Request.
Dear Martin E. O'Boyle [mail to: recordsna,commerce-grouo.coml:
The Town of Gulf Stream received your public records requests on October 19, 2016. You
should be able to view your request and partial response at the following link:
http://www2.gulf-stream.org/weblink/O/doc/103154/Pagel .aspx
In light of the breadth of your request, which covers "all records" sent or received by the
referenced individual during a nearly three-year period, producing all records responsive to your
request will require extensive clerical or supervisory assistance. The Town has spent at least 15
minutes on your request and now estimates that to respond to your request will require
approximately an additional half hour of IT support at $95.00 per hour, and a half hour of
administrative support at $35.60 per hour, the labor cost of the personnel providing the service,
per Fla. Stat. § I I9.07(4)(d). If the costs of producing these documents will exceed your
deposit, the Town will provide you with an initial production of responsive records and an
estimate for the production of any additional responsive records. If the costs of production are
less than the deposit, the Town will provide you with the responsive records and a refund.
(One half hour @ $95.00 = $47.50 + one half hour @ $35.60 = $17.80) = Deposit Due:
$65.30 in cash or check.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time. If we do not hear back from you within
30 days of this letter, we will consider this request closed.
Sincerely,
Rpt Rawer, "
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From: joan orthwein <joanorthwein@gmail.com>
Sent: Monday, March 10, 2014 4:41 PM
To: Joan Orthwein
Subject: Fwd: New Landscaping at 543 Palm Way and Public Records Request
Attachments: 543 Palm Way old hedge - 2013 photojpg; Mayor's new hedge - CopyJPG; Mayor's
new hedge 2 - CopyJPG; mayor's new hedge 3 - CopyJPG; Thrasher Letter about
Landscape Plant Violation.pdf, any landscaping needs a permit.pdf
---------- Forwarded message ----------
From: Chris O'Hare<chrisoharegulfstream(d),gmail.com>
Date: Mon, Oct 28, 2013 at 1:12 PM
Subject: Fwd: New Landscaping at 543 Palm Way and Public Records Request
To: joanorthwein(a)gmail.com
---------- Forwarded message ----------
From: Chris O'Hare<chrisoharegulfstream(@,oxnail.com>
Date: Mon, Oct 28, 2013 at 1:11 PM
Subject: New Landscaping at 543 Palm Way and Public Records Request
To: bthrasher(@,gulf-stream.org.didthevreadit.com
Dear Mr. Thrasher,
I recently discovered that the property owner at 543 Palm Way has installed a substantial amount of new
landscaping. Specifically, the entire Ficus hedge surrounding the south side and portions of the east and west
sides of this property has been completely removed and replaced by a tall hedge of Podocarpus macrophyllus.
You can confirm the identity of this species by visiting:
http://hort.ufl.edu/database/documents/pdf/tree fact sheets/podmaca pdf
This species of plant is NOT listed in Sec. 70-150 of the Town's Zoning Code and therefore, as per your
testimony and the testimony of Town consultant Minor at my code enforcement hearing, and your letter to me
on November 5, 2012, the planting of this plant is prohibited in the Town of Gulf Stream.
You may also recall you wrote me on November 23, 2011 to inform me that, "it is necessary that you
obtain a landscaping permit prior to commencing any landscaping... "
Please see my Public Records Request below for a portion of the landscaping permit obtained by this property
owner.
Attached is a copy of the above referenced letters and copies of photos of the recently removed Ficus hedge and
the newly planted Podocarpus hedge.
The full property description is:
Percy and Joan Orthwein
543 Palm Way
Gulf Stream FL
PCN: 20-43-46-03-02-000-0190
THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream
Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a
public records request of your agency for the following records:
First three pages of the recent Landscape Permit granted for the removal of an existing Ficus hedge and its
replacement with a Podocarpus hedge at the property known as PCN: 20-43-46-03-02-000-0190.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure
please cite the specific exemption as required by 6119.07(1)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by 6119.070 )(f) of the Florida Statutes.
Please take note of 6119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this
public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other
officers or employees within the agency whether such a record exists and, if so, the location at which the record can be
accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to
this public records request to preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the records in the
original electronic format in which they were created or received. See 6119.01(2)(f), Florida Statutes.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production
with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of
pages and/or records, as well as to distinguish the cost of labor and materials.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream(domail.com
Sincerely,
Chris O'Hare
COMMISSIONERS
IOAN R. OII11M41N, MryR�
THOMAS M. STANIEt VRa M&rw
MURIEL 1. ANDERSON
w. GAINER OEMNG
ROMRT W. GANGER
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Telaphone
(561) 2765116
Fax
4561) »70166
Town Manager
VOLLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
NOTICE OF VIOLATIONS
November 5, 2012
Christopher & Shelly O'Hare
2520 and/or 2516 Avenue Au Soleil Hand Deliver Article €165
Gulf Stream, Florida 33483
Dear Mr. & Mrs. O'Hare:
There are several code violations on the property owned by you
located at 2520 Avenue Au Soleil. These violations are as follows:
1. Expired Re -roofing Permit €11-135146. Section 42-29 of the
Gulf Stream Code of Ordinances states that all authorized
construction shall be completed prior to expiration of the
permit. Florida Building Code Section 105.4.1.3 states that work
shall be considered to be in active progress when the permit
has received an approved inspection within 180 days. The last
roof inspection was April 26, 2012.
2. No overlay material in place on roof. Section 22-32(5) states
the roof shall be constructed & maintained so as not to leak
and they shall be kept clean and painted.
3. Removal of a portion of driveway without obtaining a permit.
This is a violation of Section 58-138(b).
4. Installation of landscape material that does not reinforce the
identy of the applicable zoning district as stated in Section
70-146 and further is in violation of Section 70-32(a)that states
this district is characterized as having "open front lawns".
5. Some of the plants in the landscaping pallet are not listed
within the Code at Section 70-150 ie. the Lady Palms and the
plantings also include species not listed as appropriate or
typical for Gulf Stream or Place Au Soleil
100 SEA ROAD, GULF STREAM, FLORIDA 33483
November 5, 2012
Page 2
Mr. 6 Mrs. O'Hare
This is to be considered official notice to correct these violations
within 30 days. Failing to comply with this order shall result in
future action as provided in Chapter 2, Article III, Division 2
of the Code of Ordinances, a copy of which is enclosed along with
copies of other sections mentioned herein.
Very truly yours,
961" 1�
William H. Thrasher
Town Manager
Encls.
122-31
aLTLY STREAM CODE
(2) Rank vegetational growth that exudes
unpleasant or noxious odors, high or rank
vegetational growth that may conceal pools
of water, trash or filth, or any other de-
posits that may be detrimental to health.
(3) Brush, weeds or grass that shall be greater
than eight inches in height above the
ground.
(4) Dead or dying trees, gross, shrubs, stumps,
roots or obnoxious growth.
(5) Sand, sail or other fill material used in
connection with or resulting from construc-
tion projects.
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or struc-
tures, ruins of any kind or buildings,
docks, walls or other structures in a fail-
ing or dangerous condition.
(8) Any condition which provides harborage
for rata, mice, snakes, or other vermin.
(9) Any building or other structure which is
in such a dilapidated condition that is
unfit for human habitation, or kept in
such an unsanitary condition that it is a
menace to the health of people residing in
the vicinity thereof, or presents a more
than ordinary dangerous fire hazard in
the vicinity where it is located.
(10) All unnecessary or unauthorized noises
and annoying vibrations, including ani-
mal noises.
(11) All disagreeable or obnoxious odors and
stenches, as well as the conditions, sub-
stances, or other causes which give rise to
the emission or generation of such odors
and stenches.
(12) The carcasses of animals or fowl not dis•
posed of within a reasonable time after
death.
(13) The pollution of any public well or cistern,
stream, lake, canal, or body of water by
sewage, dead animals, commercial wastes,
or other substances,
(14) Any building, structure, or other place or
location where any activity which is in
violation of local, state, or federal law is
conducted, performed or maintained.
(15) Any accumulation of stagnant water per-
mitted or maintained an any lot or piece of
ground.
(16) Dense smoke, noxious or lethal fumes,
lethal gas, soot, or cinders, in unreason.
able quantities.
(17) Any condition constituting a fire hazard.
(18) Anyworn-out,scrapped, partiallydisman-
tled, nonoperative, unusable, ordiscarded
materials or objects, such as automobiles
or parts thereof, building materials, inn-
chineM metal, wastepaper, rags, glass-
ware, tinware, vehicles, boats or parts
thereof, or other items of junk. Failure of
any vehicle, or parts thereof, to have a
valid license plate or other registration
certificate specifically attached to the ve-
hicle or part thereof, shall be prima facie
evidence that such property is worn out,
scrapped, nonoperative, unusable or dis-
carded.
(19) Failure of any person who has cleared
land pursuant to a land clearing permit to
resod, replant or periodically sprinkle the
cleared area to prevent creation of wind•
blown dust or dirt.
(20) A seawall or bulkhead which falls into a
state of disrepair or ruin so as to allow
erosion to land adjacent thereto.
(Ord. No. 04.4, 12, 10.8.04)
Sec. 22.32. Foundations, structural mem.
bers and exterior surfaces.
Foundations and structural members located
upon any lot, parcel of land or premises in the
town shall provide a safe, firm and substantial
base and support for the structure, and shall meet
the following conditions, in addition to those set
forth by the town's building code.
(1) No floor, ceiling, roof, beam or essential
horizontal component of a building shall
sag in excess of three and one-half percent
of its span.
CD22:4
NIJISANCE4 1.22-34
(2) Exterior walls shall be reasonably free of (2) State the legal description of the property
cracks or holes through which weather on which the same exists or is main -
elements can enter the building or struc. tained.
ture, and all exterior surfacing material (3) State the estimated total cost which will
shall be kept painted and in good repair. in the opinion of the town manager cover
(3) Interior walls and ceilings shall be struc- the total cost of removing, suppressing or
turally sound. abating same.
(4) All windows and doors to the outside shall
be constructed and maintained in such a
condition as to exclude weather elements
or insects entering.
,,..�'M The roof shall be constructed and main-
tained so as not to leak. Roofs shall be
kept clean and painted.
(6) Every inside and outside stair, every porch
and appurtenance thereto shall be con-
structed so as to be safe to use and capa-
ble of supporting the load that normal use
may cause to be placed thereon, and in
conformance with the building code, and
shall be kept in sound condition and good
repair.
(7) Accessory buildings and other appurte-
nances such as swimming pools, tennis
courts, walls, gates and fences situated on
the premises shall be kept in a safe and
good state of repair.
(Ord. No. 04-4, § 2, 10-6-04)
Sec. 22-33. Notice to abate; content
Whenever it is made to appear to the town
manager, or the town's designee, alter investiga-
tion that a nuisance exists within the town pur-
suant to the provisions of this chapter, the town
manager or the town manager's designee shall
forthwith prepare an estimate of the total cost of
removing, suppressing or abating the nuisance
and cause to be served upon the person owning,
occupying or having the care or custody of any lot
or parcel of land upon or in connection with such
nuisance a written notice to remove, suppress or
abate the nuisance.
The notice shall:
(1) Describe the prohibited act, occurrence or
condition, in sufficient detail to plainly
identify same.
(4) The proportion of such cost proposed to be
borne by the town, if any.
(6) The proportion of such estimated amount
which shall be borne by the owner or
occupant of the premises involved.
(6) State that unless such prohibited act,
occurrence or condition has been effec.
tively removed, suppressed or abated on
or before the time stated in the notice, to
be not less than 15 days after service of
the notice, the town will remove, suppress
or abate the same and assess the cost of so
doing, or such proportion thereof as it
may deem equitable and just, against the
owner or occupant of the premises in.
volved, provided such assessment shall in
no event exceed the proportion of the
estimated amount set forth in the afore.
mentioned notice to be borne by the owner
or occupant of the premises involved;
(7) That such notice shall be served upon the
owner, occupant or person having the care
or custody of the particular property in-
volved, if he or she be found upon the
premises or within the town. In the event
the owner, occupant or custodian cannot
be found within the town after reasonable
and diligent inquiry, such notice shall be
posted in a conspicuous place upon the
premises and a copy thereof mailed by
certified mail, return receipt requested.
and by regular mail, to the last known
address of such owner, occupant or person
having the care or custody of the land
involved.
(Ord. No. 044, § 2, 10.8.04)
Sec. 22-34. Hearing.
Any person owning or occupying the property
removed or otherwise interested, who objects to
CD22:5
PLANMNG AAI) VEVEIAPMENr 158-139
or a federal, state, county, municipal or
other governmental agency in pursuance
of its lawful activities or functions.
(2) The removal of trees or the moving or
deposition of soil upon lots previously
developed and for which a building permit
has previously been granted, except in the
instance where the activity will destroy
trees in excess of eight inches in caliper or
alter 50 percent or more of the landscaped
area of the developed site.
(3) The land clearing permit requirement shall
not be construed to prohibit the removal
or elimination of excessive accumulations
of untended growth of weeds, under-
growth or other dead or living plant life as
may be required.
(4) The removal of invasive, exotic plant spe-
cies (for example Brazilian Pepper and
111elaleuca).
(5) Removal of plant severely damaged trees
and vegetation and other plant materials
with limbs or root systems that pose a
substantial hazard to persons or property.
(6) Planting of annual flowers and other sea-
sonal changes to landscaping beds, as
well as replacement of diseased and de-
clining hedges, ground cover and accent
plants with substitute plant materials.
(Ord. No. 91-21, § 3, 10-21-91; Ord. No. 00.1, § 3,
3-10-00)
Sea 68-138. Permits required.
(a) It shall be unlawful for any person to
remove, damage or destroy from any parcel of
land located within the town any tree with a
trunk diameter of eight inches or greater prior to
obtaining a land clearing permit from the town.
For purposes of this section, a "tree" is any
self-supporting woody plant together with its root
system, growing upon the earth usually with one
trunk of at least four inches in diameter at a
height of 442 feet above the ground, or a
multistemmed trunk system with a definitely
formed crown.
(b) It shall be unlawful for any person to
remove, move or add soil or fill to or from any
parcel of land located within the town without
first having obtained a permit from the town.
(Ord. No. 91.21, § 1, 10-21.91; Ord. No. 00.1, §§ 4,
6,3-10-00)
Sea 68.139. Application requirements.
Any person desiring a land clearing permit
required by this article shall submit a written
application to the planning and building admin-
istrator of the town in the same manner and
following the same procedures as provided in the
zoning code for site plan review. The application
shall include sufficient information to delineate
the extent of the clearing necessitated by the
proposed land development which information
shall include the following:
CD58:9
(1) A complete inventory designating the spe-
cies, location and number of all existing
trees on the property to be developed. In
addition, information should be provided
which shall fully provide for and desig-
nate existing elevations on the property.
(2) A site plan showing the proposed plan
designating the location, species and num-
ber of all trees on the property; proposed
elevations and contours of land.
(3) Written justification shall be provided for
the proposed work. This shall include, but
not be limited to, the following:
a. In the event of removal of trees from
the property, the applicant shall pro-
vide a plan for mitigation satisfac-
tory to the town which may include
relocation and preservation of the
trees removed to another location on
a property located within the town,
or the planting of new trees on the
development site. Removal shall only
be allowed in the instance where
there is no practical location on the
applicant's property or other prop-
erty in the town for relocating the
trees.
b. The applicant shall provide the town
a plan and appropriate assurances
to ensure the protection of trees
f 4227
GULF STREAM CODE
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
Permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the county in the amount
of four times the regular fee due to the county
shall be paid. In addition, there shall be paid to
the town a fee four times the regular fee due the
town.
(Code 1978, 14-3; Ord. No. 89-6, § 1, 12.15.89;
Ord. No. 98-1, § 1, 4-14-98)
Sea 42-28, County to process applications;
fees for service.
The county building department shall process
plans that are submitted in triplicate, checking
the same for compliance with the codes adopted in
this article, and will determine the amount of the
permit fee and supply a copy of the same to the
town. For this and the inspection service the
county shall charge the builder a permit fee as
established by the county building permit fee
schedule. The fee to the county shall be paid by
the builder at the time application for permit is
submitted to the county.
(Code 1978, § 4.4)
Sem 42-29. Construction abandonment.
All authorized construction shall be completed
prior to the expiration of the building permit
issued by the county. The expiration of a building
permit shall be prima facie evidence that the
building project has not commenced or has been
abandoned.
Failure of the permit holder or the property
owner to complete construction once it has been
initiated within the timeframe of the building
permit is a violation that will be referred to the
special master pursuant to Chapter 2, Article III,
Division 2, of this Code. Failure to restore the site
to its preconstruction conditions, including re-
moval of all structural improvements and place-
ment of sod on all disrupted portions of the site,
may result in a fine not to exceed $250.00 per
working day after the permit expires.
(Ord. No. 00.1, § 1, 3-10.00)
Editor's note—Ordinance No. 03.15, 111. adopted October
10, 2003, repealed f 42.29. Formerly, such section pertained to
approval of supplier of water prior to permit imunnce and
derived from f 4.6 of the 1978 Code. Subsequently, 12 of same
ordinance renumbered f 42.30 as i 42.29.
Sec. 42.30. Driveway permits.
(a) Permit required Construction or reconstruc-
tion of driveway aprons within town right-of-way
shall not commence until the town has issued a
driveway connection permit. The permit shall be
processed as a Level I site plan approval. The
town may impose reasonable conditions to ensure
that driveway run-off is directed away from the
roadway, to ensure free now of drainage across
the base of the driveway apron where necessary
to reach existing or proposed drainage out -falls,
and to ensure proper connection with the travel
lane of the adjacent roadway.
(b) Properties jronling on SR AIA. Not with.
standing the foregoing, properties proposing ac.
cess to State Road AIA shall first obtain a drive-
way permit from the state department of
transportation.
(Ord. No. 00-1, § 2, 3-10.00)
Editor's note—Ordinan a No. 03.13, 4 3, adopted October
10, 2003, renumbered f 42.31 to § 42-30,
Secs. 42.31-12.50. Reserved.
CD42:4
17&31
GULF S"MAL&t CODE
(2) The NordVSouth District is characterized by an eclectic yet pleasing mixture of one- and
two-story Spanish Mediterranean, Gulf Stream -Bermuda, Contemporary and lunch style
homes. Although a wide range of exterior materials, windows and entries are present, all are of
very high quality and are used appropriately according to the architectural style of each house.
Further, the materials and design elements are employed carefully to provide a consistent,
residential and human scale to all of the houses. Thus, while the architecture is more varied than
in any of the other districts in the town, the scale and mass of the homes and use of open space
on the lots provides a harmonious and tranquil setting similar to that found in the remainder of
the community.
(3) Informal and naturalist plantings characterize the landscaping and general feel of the lots.
However, as is characteristic throughout all of the town, perimeter hedging is used extensively to
provide privacy. Most of the lots also feature swimming pools and patio decks in the rear yards.
(Ord. No. 00-1, ¢ 26, 3-10-00)
?�ka 70-32. Place Au Soleil District.
(a) Summary of district characteristics (RS -P).
Architecture: Predominant Gulf Stream -Bermuda
Lot size: Small to medium-sized lots (typical lot size: 13-16,000 square feet)
Other-
Foundation
therFoundation plantingsfinformal shade trees
Open front lawns
{Wide, curvilinear roads with cul-de-sacs
CD70:20
GULF STREAM DESIGN MANUAL 170-32
Standard freer sdbadu, forge rlghr+pRwsr
(b) Description.
(1) Place Au Soleil was the name given to the last subdivision to be developed in the town. Located
on the west side of the Intracoastal Waterway, the area includes about 90 homes, most of which
were constructed between the mid -1960a and early 19709. The subdivision includes several
modern features not found in the other districts, such as wider streets, cul-de-sacs, landscaped
boulevards, underground utilities and a gatehouse. In addition, just under half of the properties
adjoin private coves or the Intracoastal Waterway.
(2) The Place Au Soleil District is characterized by one-story and a few partial two-story houses
which fit comfortably on medium-sized lots. Together, the homes and landscape features lend an
informal, harmonious neighborhood feel to the district.
CD70:21
J 704
GULF STREAM CODE
(3) Although newer, the majority of the houses in the district tend to be of the Gulf Stream -Bermuda
style or Ranch style homes that incorporate similar elements. Accordingly, predominant exterior
materials include white cement tile roofs and pastel stucco walls. However, the district also
contains Ranches with more Spanish Mediterranean type features, such as rolled roof tiles, and
rustic features, such as long front porches and stained wood siding. In all cases, the materials
used are of high quality and are applied appropriately according to the overall style of each home.
(4) Homes in the district contain a variety of window types; however, most have small glass panes
divided by mullions or muntins. Some larger glass openings are found on the rear of those houses
facing the water. Front entries are typified by long front porches or small stoops with simple roof
overhangs.
(5) Informal and naturalist plantings with open front lawns characterize the landscaping and
general feel of the lots. Perimeter hedging is used along side property lines to maintain privacy;
but is generally not used in the front. In keeping with its name as the "place in the sun" most of
the lots in the district feature swimming pools and patio decks in the rear yards. In the front
yard, the open lawns are divided by straight or circular driveways comprised of varying types of
textured surfaces or asphalt.
Secs. 70-33-70-45. Reserved.
CD70:22
GMF STREMI DESIGN MNUAL 170-146
DIVISION 2. SPECIAL EXCEPTION ARCHITECTURAL STANDARDS
Sec. 70.126. Additions and rehabilitations incorporating a prohibited design element that is
an integral part of the design of the existing structure.
Designs for additions and rehabilitations may incorporate prohibited design elements that are an
integral part of the existing structure (such as a flat roof) subject to the following:
(1) Permitted design elements. Any design element listed as prohibited that is an integral part of an
existing structure proposed fnr expansion or rehabilitation. Integral items shall include, but not
be limited to architectural style, building form, roof material, windows and doors; but shall not
include cosmetic elements such as paint colors.
(2) Specific standards for review.
a. The addition or rehabilitation shall comply with the standards listed in section 70-107.
b. The prohibited design element shall be an integral part of the design or structure of the
existing building.
C. The incorporation of an existing prohibited design element into the design of the addition or
rehabilitated portion of the structure shall be minimized to the extent necessary to provide
a continuity of design between the rest of the existing structure and the additinn or
rehabilitated portion.
d. The prohibited design element shall not have a more prominent appearance on the addition
or rehabilitated portion of the structure than it has on the rest of the existing structure.
e. The rehabilitation or addition shall not incorporate any discouraged or prohibited elements
not currently present on the existing structure.
f. The cost of the addition or rehabilitation shall not exceed 75 percent of the value of the
existing structure.
Secs. 70.127-70-145. Reserved.
DIVISION 3. GENERAL LANDSCAPE STANDARDS
" See. 70-146. Purpose.
(a) The landscape architectural standards have been developed to reinforce the overall character and
the image of the town environment.
(b) The primary objectives of the landscape standards are to:
(1) Reinforce the community's identity.
(2) Enhance visual quality.
(3) Provide buffering.
(4) Provide a pleasant environment for living areas.
(5) Provide a pleasant environment for driving, walking, and other activities in the community.
(c) The correct selection of plant mnterial:
(1) Beautifies the streetscape and softens buildings.
(2) Controls glare.
CD70:65
170-146
GULF STREAM CODE
(3) Controls wind and directs breezes.
(4) Provides shade.
(6) Reduces evapo-transpiration rates and humidity.
(6) Reinforces the identity of various districts.
tea.
Landscape elements help to refine boundaries and rcinforce the idcntitc of the
cnmmunity
Sec. 70.147. Planting techniques.
The town has a diverse selection of plant material and varying compositions. Formal, informal,
manicured, and naturalistic planting techniques are evident.
(1) Fornwl. The arrangement of plant material in an ordered unified repetitious way (usually Gwen
number of groupings).
(2) Informal. The arrangement of plant material in a random grouping or asymmetric design.
(3) Manicured. Well-maintained and regularly pruned.
CD70:66
170-149 GULF S1RE&M CODE
Sec. 70.148. Typical native plants.
Listed below are some of the native plants that are appropriate and presently found in the town:
(1) Ground covers.
(2) Shrubs.
(3) Palms.
(4) ?ices.
7011 Sea Ox -Eye Daisy Borrichia arborescens
Cocoplum
Chrysobalanus icaco
Firebush
Hamelia patens
Wax Myrtle
Myrica cerifera
Hobe Sound Dwarf Cocoplum
Chrysobalanus icaco
Hawaiian Beach Berry
Scaevola frutescens
Royal Palm Roystonea elate
Paurotis Palm Acoolorrhaphe wrightii
Sabal Palm Sabal palmetto
Dahoon Holly
Ilex cassine
Sea Grape
Coccoloba uvifera
Satin leaf
Chrysophyllum oliviforme
Pitch Apple
Clusia rosen
Live Oak
Quercus virginiana
Mahogany
Swictenio mahagoni
Gumbo Limbo
Bursera simaruba
Buttonwood
Conocarpus erectus
�S c. 70.150. Other plants used in the town.
(a) The following are examples of materials presently found in the town:
(1) Ground covers.
(2) Tall shrubs.
Chinese Toro
Swordfern
Laua'e, East Indian Wart Fern
Peace Lily
Dwarf Peace Lily
Dwarf Confederate Jasmine
Southern Wax Privet
Oleander
Kopsia
T}uk Island Beach Berry
Hibiscus
Sandankwa Viburnum
FINS
CD70:70
Alocasia cuculata
Nephrolepis exaltata
Polypodium phymatodes
Spathiphyllum clevelandi
Spathiphyllum 'Wallisii
Trachelospermum jasminoides'Min-
ima'
Ligustrum japonicum
Nerium oleander
Ochrosia parviflora
Scaevola koenigii
Hibiscus rola sinensis
Viburnum suspensum
Ficus spp.
(3) Shrubs.
(4) tines.
(5) Palma.
(6) 7)res.
GULF STREAM DESIGN MANUAL
¢ 70-166
Surinam Cherry
Eugenia unigars
Gardenia
Gardenia jasminoides
Ixora
Ixora Singapore, 7daui;'NoraGrant',
'Super King' etc.
Dwarf Oleander
Nerium oleander 'Petite salmon'
7bbira
Pittosportun tobira
Crepe Jasmine
Tabernaemontana divaricata
Chalcas
Murraya paniculata
Brown Bud Allamanda
Bougainvillen
Monsters or Ceriman
Confederate Jasmine
European Fan Palm
Areca Palm
Coconut Palm
Coconut Palm
Senegal Date Palm
Pigmy Date Palm
Alexander Laurel or Kamnni
Satin Leaf
Cattley Guava
Pigeon Plum
(b) Two excellent reference books are:
Allamanda rathartica'Hendersonii'
Bougainvillea spectabilis
Monsters deliriosa
Trachelospermum jasminoides
Chamserops humilis
Chrysalidaearpus lutescons
Cocoa nuofera "Malayan"
Cocos nucifem 'Maypan"
Phoenix reclinata
Phoenix roebelenii
Calophyllum inophyl)um
Chrysophyllum oliviforme
Paidium littorale
Coccolobs diversifolia
(1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and Subtmpic Landscape) by
Frederic B. Stresau, FAS.LA
(2) Florida Landscape Planta, Native and Exotic, revised edition, by John V. Watkins and Thomas J.
Sheehan.
Secs. 70.151-70-165. Reserved.
DIVISION 4. GENERAL OUTDOOR LIGHTING STANDARDS
Sec. 70.100. Purpose; categories.
(a) Residential lighting serves an essential function. It assists in crime prevention and safety for both
pedestrians and vehicles, and enhances the aesthetic value of properties at night. This visual appeal is
accentuated by the proper selection and placement of lights.
(b) Private, outdoor lighting in the town is classified under the general categories:
(1) Security/safety lighting.
(2) Aecent/landscape lighting.
CD70:71
1242
GULF STUFAM CODE
(4) Attend all town commission meetings and
he shall have the right to take part in
discussion but may not vote.
(5) Administer all laws, provisions of the char.
ter and acts of the town commission sub.
ject to enforcement by him or by officers
subject to his supervision.
(6) Prepare and submit the annual budget
and capital programs to the town commis-
sion.
(7) Submit to the town commission and make
available to the public a complete report
on the finances and administration activ-
ities of the town as of the end ofench fiscal
year.
(8) Make such other reports as the town
commission may require concerning the
operations of town departments, offices
and agencies subject to his direction and
supervision.
(9) Keep the town commission fully advised
as to the financial condition and future
needs of the town and make such recom-
mendations to the town commission con.
cerning the affairs of the town as he
deems desirable.
(10) Sign contracts on w. air of the town as
directed by the town commission.
(ll) Perform such other duties as are specified
in the charter or ordinances of the town or
as may be required by the town commis.
sion.
(12) The town manager shall represent the
town before appointive officers of other
governmental bodies except when the town
commission shall have designated some
other person to act.
(Ord. No. 89-3, § 1, 5-5.89)
Secs. 2.43-2.5G. Reserved.
ARTICLE HL BOARDS AND
DIVISION 1. GENERALLY
Seca. 2.66-245. Reserved.
J DIVISION 2. CODE ENFORCEMENT
Sec. 2.66. Title.
This division may be known and cited as the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06.02, § 1, 5.5-06)
Sec. 2.67. Special magistrate term.
(a) There is hereby established a special mag.
istrate who shall be designated by the town
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall be appointed to
serve in an ex -officio capacity if the special mag-
istrate serves other local governments as a special
magistrate. Such service to other local govern-
ments does not create duties inconsistent with
serving as special magistrate to the 7bwn of Gulf
Stream.
(c) The special magistrate shall be an attorney
and a member of the Florida Bar.
(d) The special magistrate shall serve at the
pleasure of the town commission.
(e) The special magistrate shall preside over
code enforcement matters scheduled to be heard
from time to time.
(f) Minutes shall be maintained rat all hearings
presided over by the special mngistratc; all hear-
ings shall be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of his/her duties,
(g) The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate.
(Ord. No. 06-02, 111, 5.5.06)
See. 2.68. Jurisdiction.
(a) The special magistrate shall have the juris-
diction and authority to hear and decide any
alleged violations of the following chapters of the
Code and ordinances of the town as the same may
be amended from time to time:
Supp. Na 1 CD2:4
(1) Chapter 6, Animals;
ADMINISTRATION
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg.
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, 7oning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06.02, § 1, 5-5-06)
Sec. 2.88. Enforcement procedure.
(n) An employee of the town who is duly au.
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec.
tors, law enforcement officers, public works in-
spectors, fire safety inspectors, and zoning inspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
12-70
and request n bearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2.75 to the violator. At the
option of the special magistrate, notice may addi.
tionally be served by publication or posting as
provided in section 2-75. if the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If n repeat violation in found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2-75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to terve violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06-02, § 1, 5.5.06)
Sec. 2-70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
Supp. No 1 CD2:5
4270
Gula SIMM cam.
or has been repeated. Assuming proper notice of
hearing Ims been given to the respondent, either
as actual notice or as provided herein, it hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules ofevidence shall not
apply. Irrelevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his/her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a full and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within tan working days after the
hearing. The order may include a notice that it
must be complied with by a specified date and
that a fine, as well as the cost of repairs, may be
imposed if the order is not complied with by such
date. A certified copy of such order mny be re-
corded in the public records of the county and
shall constitute notice to any subsequent purchas.
ers, successors in interest, or assigns if the etiola-
tion concerns real property, and the findings therein
shall be binding upon the violator and, if the
violation concerns real property, any subsequent
purchasers or successors in interest or assigns.
(Ord. No. 06.02, § 1, 5.5-06)
Sec. 2.71. Powers.
The special magistrate shall have the power to:
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
her hearings, including, but not limited to
physical and documentary evidence such
as records, surveys, plats and photo.
graphs.
(4) Take testimony under oath.
(5) Issue orders laving the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mniled to the rospondenl(s) within ton
working days thereafter.
(6) Establish and enforce Imes pursuant to
section 2-72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2.72
which remain unpaid atter a period of
three months.
(8) Authorize Lite reduction of any fine he/she
has imposed.
(Ord. No. 06.02, If 1, 5.5.06)
Sec. 2.72. Administrative fines, costs of ra-
pair; liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date act by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by Lite
special magistrate. In addition, if the violation is
a violation described in subsection 2-69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason.
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
Supp. No. t CD2:6
ADMINISTRAMN
been made as provided in this; section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a special magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
lb) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola.
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However, if the special magistrate finds the vio-
lation to be irreparable or Irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) Acertified copy of an order imposing a fine
may be recorded in the public record and thereaf.
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shalt not be deemed to be a court judgment except
far enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in Inver of the town
and the town may execute a satiafaction or re-
lease of a lien entered pursuant to this section,
After three months from the filing of any such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
Supp. No.l
} 7.75
may be foreclosed on real property which is a
homestead under Section 4, Article X of the State
Constitution.
(Ord. No. 06.02, § 1, 5-5.06)
Sec. 2-73. Duration.
No lien provided under this division shall con-
tinue for a period lunger than 20 years atter die
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
an a lien, the prevailing party is entitled to
recover all costs, including a reasonable attorney's
fee, that it incurs in the foreclosures. The town
shall be entitled to collect all costs incurred in
recording and satisfying a valid lien. The contin-
uation of the lien effected by the commencement
of the action shall not be good against creditors or
subsequent purchasers for valuable consideration
without notice, unless a notice of lis pendens is
recorded.
(Ord. No. 06-02, § 1, 5-5-06)
See. 2.74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such an appeal shall net be a
hearing do nave, but shall be limited to appellate
review of the record created before the special
magistrate. The appeal shall be filed within 30
days of the execution of the order to be appealed.
(Ord. No. 06.02, § 1, 5.5.06)
Sea 2-75. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail,
return receipt requested; by hand delivery by the
sheriff or other law enfarcement officer, tale
inspector, or other person designated by the local
governing body; or by leaving the notice at the
violator's usual place of residence with any person
residing therein who is above 15 years of age and
informing such person of the contents of the
notice.
CD2:7
J 2.75
GULP' STREAM CODE
(b) In addition to providing notice as set forth
in this section, at the option of the special magis.
trate, notice may also be served by publication or
posting, as follows:
(1) Such notice shall be published once dur.
ing each week for four consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
Beach County, Florida. The newspaper
shall meet such requirements as are pre.
scribed under F.S. ch. 50 for legal and
official advertisements.
(2) Proof of publication shall be made as
provided in F.S. §§ 50.041 and 50.051.
(3) In lieu of publication as described in this
section, such notice may be posted for at
least ton days in at least two locations,
one of which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) Proof of posting shall be by affidavit of the
person posting the notice, which affidavit
shall include a copy of the notice posted
and the date and places of its posting.
(c) Notice by publication or posting may run
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with proof of publication or post-
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not the alleged violator actually received such
notice.
(Ord. No. 06.02, § 1, 5-5-06)
Sec. 2-76. Procedure to request that a fine
or lien imposed pursuant to sec.
tion 2-72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which n
fine has been imposed pursuant to section 2.72
may apply to the special magistrate, through the
town attorney or his/her designee, for a satisfac.
tion of the fine with less than full payment
thereof. No such application stall be- considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government -imposed liens against the sub-
ject real property have been paid.
(2) The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
(b) In considering an application to reduce a
fine or lien imposed pursuant to section 2.72, no
satisfaction thereof shall be approved by the spe-
cial magistrate with less than full payment thereof,
unless the special magistrate shall make a ape-
cific finding that no violation of any ordinance
de -scribed in section 2-68 of this Code exists on
the subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2-72 that is reduced by the
special magistrate shall be paid on such terms as
approved by the special magistrate.
(d) If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi -government entity, the spe•
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a set-
isfaction of the lien with less than full payment
shall be considered by the town commission nut
the special magistrate.
(Ord. No. 06.02, § 1, 5.5.06)
Sec. 2-77. Provisions supplemental and cu-
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
any violation of the ordinances of the town, nor to
bar or prohibit the town from filing charges against
any person, firm or corporation violnting any
town ordinance as provided by existing laws. This
Supp, So 1 CD2:8
ADMINIERM710N
division shall be construed to be supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord, No. 06-02, § 1, 5.5.06)
Sec. 2.7& Alternative code enforcement pro.
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal ordinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi.
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defi-
nite term of imprisonment not to exceed 60 days,
in a municipal detention facility or other facility
as authorized by law.
(Ord. No. 06.02. § 1, 5.5.06)
ARTICLE IV. INSURANCE PREMIUMS
Sec. 2-80. Property insurance premiums tax.
(1) There is hereby assessed and imposed on
every insurance company, corporation or
other insurer now engaged in or carrying
on, or who shall hereafter engage in or
carry on, the business of property insur-
ance as shown by the records of the State
Department of Insurance, an excise tax in
addition to any lawful license or excise
tax now levied by the Town, in the amount
or one and eighty-five hundredths (1.85)
percent of the gross amount of receipts of
premiums from policyholders on all pre-
miums collected on property insurance
policies covering property within the cor-
porate limits of the Town. In the case of
multiple -peril policies with a single pre-
mium for both the property and casualty
coverages in such policies, seventy (70)
percent of such premium shall be used as
the basis for the one and eighty -rive hun-
dredths (1.&5) percent tax. This excise tax
shall be payable annually on March I of
each year.
Supp, No 1 CD2.9
1 2 Sa
(2) All money derived from this tax shall be
appropriated to the City of Delray Beach's
Firelighter Relief and Pension Fund to
provide fire -rescue services pursuant to
the Interlocal Agreement between the Town
of Gulf Stream and the City of Delray
Beach.
(Ord. No. 06.08, § 1, 11-17-06)
I rJOF
qalk, �-
..
r � 7 4•
e ,f
41
r`
' °' � i•� i•� "
� �.. /, , ; ' alta.+ ...
r
I rJOF
qalk, �-
..
41
' °' � i•� i•� "
� �.. /, , ; ' alta.+ ...
r
r
d
� r
w'
i . r
,♦ n . ..
o +.:
I
m
Lly Il,•,Y-
1
• � Y
/ � � I �. N- • i•
4
r
j w
"
s
1 y 1•
4
i
Y
y
-
r
}
q
!�/• ISI
� �•,
�`� `
� •r/ ' '���
yKf
7
;r '
COMMISSIONERS
N7lWM F. NDCH, JR, Mayor
JOAN N. ORRHWE1N, Via Mayor
FRED 6. DEYIR III
CHRIS D. WHEELER
MURIEL J. ANDERSON
November 23, 2011
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
Christopher F. O'Hare
2516 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
TNaphon
(561)276-5116
Fu
(561) 777.OIN
Town Marupar
WILUAM H. THRASHER
Town CNrk
RRA L TAYLOR
HAND DELIVERY
Article E160
We became aware that you were planting trees in the Town's right-of-
way in front of the property you own at 2520 Avenue Au Soleil on
November 21, 2011. You were directed to cease planting and to fill
the holes that had been opened for additional trees. You were
further directed to apply for a landscape permit and to include a
survey with the application.
This is to be considered official notice to remove the plantings
from the Town's property within 10 days of receipt of this notice.
Failing to comply with this order shall result in further action as
provided by law.
It is necessary that you obtain a landscaping permit prior to
commencing any landscaping on this property.
Very truly yours,
William H. Thrasher
Town Manager
100 SFA ROAD, GULF STREAM, FLORIDA 33483