HomeMy Public PortalAboutSec 16.Rita Taylor
From: Bill Thrasher
Sent: Tuesday, April 30, 2013 8:04 AM
To: Rita Taylor
Subject: FW: Gulf Stream vs O'Hare - Code Enforcement Case No. CE 1-13
Attachments: image001.jpg; 1 G27602 -response motion reconsideration ohare code violation.pdf
image001jpg (3 LG27602-response
KB) motion recons...
Mr. Randolph did not copy you on this. I thought for sure that he did.
BT
-----Original Message -----
From: Randolph, John C.[mailto:JRandolph@jonesfoster.com]
Sent: Mon 4/29/2013 4:08 PM
To: lou@louroeder.com; donlon@torcvia.aw.com
Cc: Bill Thrasher
Subject: Gulf Stream vs O'Hare - Code Enforcement Case No. CE 1-13
Please see attached Town of Gulf Stream's Response to Respondents' Motion for
Reconsideration
[cid:image001.jpg@010E44F3.D9C00010]
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300
jrandolph@jonesfoster.com<mailto:jrandolph@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.ionesfaster.com<http://www.jonesfoster.com/>
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1
TOWN OF GULF STREAM
CODE ENFORCEMENT
TOWN OF GULF STREAM, CASE NO. CE 1-13
Petitioner,
vs
CHRISTOPHER O'HARE and
SHELLY O'HARE,
Respondents.
TOWN OF GULF STREAM'S RESPONSE TO
RESPONDENTS' MOTION FOR RECONSIDERATION
COMES NOW the Town of Gulf Stream in response to Respondents' Motion for
Reconsideration, or Alternatively, Motion for Rehearing and requests that the Magistrate
deny said motion on the following grounds.
1. A motion for reconsideration or for rehearing should not be issued to
rehear the facts of the case, but should only be granted in the event of an error in the
findings and ruling of the Magistrate. There has been no such error.
2. The Order of the Magistrate was clearly based on competent substantial
evidence. Although Respondents contend that there was a complete absence of
evidence to support the finding that the Town has consistently interpreted open front
lawns to mean the home and front door being viewable from the street, a review of the
testimony of the Town Manager and Marty Minor clearly supported the contention of the
Town that the plantings across the property's driveway did not comply with the "open
front lawn" characteristic of the Place Au Soleil District. There was no error in such
finding on the part of the Magistrate.
Indeed the record supported the fact, as noted by the Magistrate, that although
there were closed front lawns within Place Au Soleil, those closed front lawns were
grandfathered in prior to the changes in the Town's code This was further testimony
supporting the "open front lawn" character of Place Au Soleil.
3. Although the O'Hares contend that they were not provided proper notice of
the alleged violations by the Town of Gulf Stream, the record evidence supported
otherwise. There was no denial of due process. The Town gave clear and unequivocal
notice of the violation. Although Mr. O'Hare may disagree with the Town's interpretation
of the code, it is clear that notice was received from the Town. The record clearly
substantiates that Respondents received proper notice. See attached.
4. Respondents allege that the record is absent of what the previous existing
condition was and has no knowledge of how to return the property to the previously
existing condition Respondents' allegation in this regard is preposterous. The record
reflects and the Respondents are aware of the plantings which were put in place in
violation of the Town code. One only need look at the photograph of the previously
open driveway having been cut and planted with a row of Lady Palms across the
driveway to understand the violation and to understand conditions which existed before
and after the violation. Further, Respondents have been made fully aware of the
plantings which are in violation of code.
5. Respondents should be required to comply with the Magistrate's Order, as
stated in the Order, by removing the plantings in the driveway and other areas that
block the view of the home. Absent compliance, the fine assessment hearing should be
held as rescheduled by the Magistrate.
2
I HEREBY CERTIFY that a true copy of the foregoing has been furnished by
email to Louis L Roeder, Esquire, (lou@louroeder.com)7414 Sparkling Lake Road,
Orlando, Florida 32819; and to Lara Donlon (donlonatorcivialaw.com), 701 Northport
Parkway, Suite 209, West Palm Beach, Florida 33407, this day of April, 2013.
pAdom\1314T0000 I1pMI g26925 docx
JONES, FOSTER, JOHNSTON & STUBBS,
P.A.
Attorneys for Town of Gulf Stream
505 South Fiagler Drive, Suite 1100
Post Office Box 3475
West Palm Beach, Florida 33402
Telephone: 561-659-3000
Facsimile: 561-650-5300
Cl
C. Randolph'
a Bar No. 129000
COMMISSIONERS
)DANK ORTHWEIN, Mayor
THOMAS STANLEY, Yrs Mayor
MURIELJ. ANDERSON
W. GARRETT DERING
ROBERT W. GANGER
November 5, 2012
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATIONS
Christopher & Shelly O'Hare
2520 and/or 2516 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. & Mrs. O'Hare:
Telephone
(561) 276-5116
Fax
(561)737 -DISE
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
Hand Deliver Article #165
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 411-135146. 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 charactertzed 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. & 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,
William H. Thrasher
Town Manager
Encls.
§ 42-27
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. Ih addition, there shall be paid to
the town a fee four times the regular fee due the
town.
(Code 1978, § 4-3; Ord. No. 89-6, § 1, 12-15-89;
Ord No. 98-1, § 1, 4-14-98)
Sec. 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)
Sec, 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 budding
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. 03-13, § 1, adopted October
10, 2003, repealed § 42-29. Formerly, such section pertained to
approval of supplier of water prior to permit issuance and
derived from § 4.6 of the 1978 Code Subsequently, § 2 of same
ordinance renumbered § 42.30 as § 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 flow 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 fronting on SR AIA Not with-
standing the foregoing, properties proposing ac-
cess to State Road AIA shall fust obtain a drive-
way permit from the state department of
transportation.
(Ord.. No. 00-1, § 2, 3-10-00)
Editor's note—Ordinance No. 03-13, § 3, adapted October
10, 2003, reaumbered § 42-31 to § 42-30.
Secs, 42-31--42.50. Reserved.
CD42:4
I r
r NUISANCES
§ 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.
tare, and all exterior surfacing material
shall be kept painted and in good repair. (3) State the estimated total cost which will
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.
(5) 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, 10-8-04)
Sec. 22.33. Notice to abate; content.
Whenever it is made to appear to the town
manager, or the town's designee, after 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;
(4) The proportion of such cost proposed to be
borne by the town, if any.
(5) 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. 04-4, § 2, 10-8.04)
(1) Describe the prohibited act, occurrence or Sec. 22.34. Hearing.
t condition, in sufficient detail tolainl
P Y Any person owning or occupying the property
identify same. removed or otherwise interested, who objects to
CD22:5
§ 22.31
GULF 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 maybe 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, grass, shrubs, stumps,
roots or obnoxious growth.
(5) Sand, soil 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 rats, 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 stencbes.
(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 on any lot or piece of
ground.
(16) Dense smoke, noxious or Iethal fumes,
lethal gas, soot, or cinders, in unreason-
able quantities,
(17) Any condition constituting a fire hazard.
(18) Any worn-out, scrapped, partially disman-
tled, nonoperative, unusable, or discarded
materials or objects, such as automobiles
or parts thereof, building materials, ma-
chinery, 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 clearingpermit 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, § 2, 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.
PLANNING AND DEVELOPMENT
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
Melaleuca).
(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)
Sec. 58-138. 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 4Y2 feet above the ground, or a
multistemmed trunk system with a definitely
formed crown.
CD58:9
§ 5B-139
(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,
513-10-00)
Sec. 58.139. 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-
(1)
ollowing
(1) Acomplete inventory designating the spe-
cies, location and number of all erdsting
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
GULF STREAM DESIGN MANUAL § 70-146
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 for 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 minimi ed to the extent necessary to provide
a continuity of design between the rest of the existing structure and the addition 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
Sec. 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, wallong, and other activities in the community.
(c) The correct selection of plant material:
(1) Beautifies the streetscape and softens buildings.
(2) Controls glare.
OD70:65
§ 7o-146
GULF MEAM CODE
(3) Controls wind and directs breezes.
(4) Provides shade.
(6) Reduces evapo-transpiration rates and humidity.
(6) Reinforces the identity of various districts.
,�a'�S;w
_ S
Landscape elements help to refine boundaries and reinforce the identity of the
community
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) Formal. The arrangement of plant material in an ordered unified repetitious. way (usually even
number of groupings).
I
(2) Informal. The arrangement of plant material in a random grouping or asymmetric design.
(a) Manicured. Well-maintained and regularly pruned.
rrrnrnaa
§ 70-31
GULF STREAM CODE
(2) The North/South District is characterized by an eclectic yet pleasing mixture of one- and
two-story Spanish Mediterranean, Gulf Stream -Bermuda, Contemporary and Ranch 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)
? uec. 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: 13-15,000 square feet)
Other:
Foundation plantings/informal shade trees
Open front lawns
Wide, curvilinear roads with cul-de-sacs
CD70:20
GULF STREAM DESIGN MANUAL § 70-32
(b) Description.
(1) Place An Soleil was the name given to the last subdivision to he 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-1960s and early 1970s. 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 PIace An 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
§ 70-32
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
§ 70.149 GULF STREAM CODE
Sec. 70-149. 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) Rtes.
Tall Sea Ox -Eye Daisy Borrichia arborescens
Cocoplum Chrysobalanus icaco
Firebush Hamelia patens
Wax Myrtle Myrica cerifera
Hobe Sound Dwarf Cocoplum Chrysobalanus icaw
Hawaiian Beach Berry Scaevola frutesceas
Royal Palm Roystonea elata
Paurotis Palm Acaelorrhaphe wrightii
Sabal Palm Sabal palmetto
Dahoon Holly
Ilex cassine
Sea Grape
Coccoloba uvifera
Satin Leaf
Chrysophyllum oliviforme
Pitch Apple
Clusia rosea
Live Oak
Quercus virginiana
Mahogany
Swietenia mahagoni
Gumbo Limbo
Bursera simaruba
Buttonwood
Conocarpus erectus
Kec. 70.150. Other plants used in the town.
(a) The following are examples of materials presently found in the town:
(1) Ground covers.
(2) 7hll shrubs.
Chinese Taro
Swordfern
Laua'e, East Indian Wart Fern
Peace Lily
Dwarf Peace Lily
Dwarf Confederate Jasmine
Southern Wag Privet
Oleander
Kopsia
Truk Island Beach Berry
Hibiscus
Sandankwa Viburnum
Ficus
nnrm•am
Alocasia cuculata
Nephrolepis exaltata
Polypodium phymatodes
Spathiphyllum clevelandi
Spathiphyllum 'W llisii'
Trachelospermum jasminoides 'Min-
ima'
Ligustrum japonicum
Nerium oleander
Ochrasia parviflora
Scaevola koenigii
Hibiscus rosa sinensis
Viburnum suspensum
Ficus spp.
(3) Shrubs.
(4) Vines.
(5) Palms.
(6) Trees.
GULF STREAM DESIGN MANUAL
5 70-166
Surinam Cherry
Eugenia uniflora
Gardenia
Gardenia jasminoides
Ixora
Ixora'Singapore', T&ui','Nora Grant',
'Super King' etc.
Dwarf Oleander
Nerium oleander 'Petite salmon'
Tobira
Pittosporum tobira
Crepe Jasmine
Tabernaemontana divaricata
Chalcas
Murraya paniculata
Brown Bud Allamanda
Bougainvillea
Monsters or Ceriman
Confederate Jasmine
European Fan Palm
Areca Palm
Coconut Palm
Coconut Palm
Senegal Date Palm
Pigmy Date Palm
Alexander Laurel or Kamani
Satin Leaf
Cattley Guava
Pigeon Plum
(b) Two excellent reference books are:
Allamanda cathartica'Hendersonii'
Bougainvillea spectabilis
Monstera deliciosa
Trachelospermum jasminaides
Chamaerops humilis
Chrysalidocarpus lutescens
Cocos nucifera "Malayan"
Cocos nucifera "Maypan"
Phoenix reclinata
Phoenix roebelenii
Calophyllum inophyllum
Chrysophyllum oliviforme
Psidium littorale
Coccoloba diversifolia
(1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and Subtropic Landscape) by
Frederic B. Stresau, F-A-S.L.A.
(2) Florida Landscape Plants, 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. 70-166. 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) AccenVIandscape lighting.
§ 2-42
GULF STREAM 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 of each 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 behalf of the town as
directed by the town commission.
(11) 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. 2-43-2-55. Reserved.
ARTICLE III. BOARDS AND
DIVISION 1. GENERALLY
Secs. 2-56-2.65. Reserved.
/ 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 Town 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 at all hearings
presided over by the special magistrate; 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.
(9) The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate.
(Ord No 06-02, § 1, 5.5-06)
Sec. 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
he amended from time to time:
Supp No i 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, Zoning,
(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)
Sea 2.69. Enforcement procedure.
(a) 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 a hearing. The special magistrate
shall schedule a hearing, and written notice of
such bearing 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 s0 state.
(c) If a repeat violation is 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 bearing, 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 bearing and pay
the costs as determined by the special magistrate.
Arepeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have 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, 5-6-06)
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. ND1 CD2:5
§ 2-70
GULP STREAM CODE
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded.. The formal rules of evidence 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 ten 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 may 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 viola-
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 imder oath.
(5) Issue orders having 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
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2-72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2.72
which remain unpaid after a period of
three months.
(8) Authorize the reduction of any fine he/she
has imposed.
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2.72. Administrative fines, costs of re-
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 fording 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 set 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 the
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 1 CD2:6
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.
(b) 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) A certified 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
shall not be deemed to be a court judgment except
for 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 favor of the town
and the town may execute a satisfaction or re-
lease of a lien entered pursuant to this section.
Atter 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. 1
12-75
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 longer than 20 years after the
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
on 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)
Sec. 2-74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Paha Beach
County, Florida. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate
review of the record created before the special
magistrate. The appeal shall be filed within SO
days of the execution of the order to be appealed.
(Ord. No. 0"2, § 1, 5-5-06)
Sec. 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 enforcement officer, code
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
§ 2-75
GULF 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 FS 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 ten 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 a
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 shall 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 spe.
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 an 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 sat-
isfaction of the lien with less than full payment
shall be considered by the town commission not
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 violating any
town ordinance as provided by existing laws. This
Supp No 1 CD2:8
ADMINISTRATION
§ 2-80
division shall be construed to be supplemental (2) All money derived from this tax shall be
and cumulative with any and all other remedies appropriated to the City of Delray Beach's
available to the town and not exclusive. Firefighter Relief and Pension Fund to
(Ord No. 06-02, § 1, 5-5-06) provide fire -rescue services pursuant to
the InterlocalAgreement between the lbwn
Sec. 2-78. Alternative code enforcement pro- of Gulf Stream and the City of Delray
cedures. Beach.
(Ord No 06-08, § 1, 11-17-06)
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 N 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 Tbwn, in the amount
of 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-five hun-
dredths (1.85) percent tax. This excise tax
shall be payable annually on March 1 of
each year.
Supp No 1 CD2:9
COMMISSIONERS
JOAN k.ORTHWEIN, Ma,or
THOMAS M. STANLEY, PICA Mayor
MURIELI ANDERSON
W. GARRM DOING
ROBERTW GANGER
December 27, 2012
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Telephone
(561) 275,5116
Fax
(561)737-0186
Town Manager
WILLIAMH THRASHER
Town Clark
RRA L- TAYLOR
Mr. Louis L. Roeder, Esquire
7414 Sparlding Lake Road Via Fax 866-610-6090
Orlando, Florida 32819
Re: 2520 Avenue An Soleil, Gulf Stream, FL 3.3483
Subject: Code Violation Letter, dated November 5, 2012
Dear Mr. Roeder,
I am receipt of your email dated December 10, 2012 concerning the above referenced
property address and subject. The following is the Town's response.
1. "Expired re -roofing permit 911-135146. On November 5, 2012 a "Notice of
Violations" was prepared for delivery to Mr. O'Hare. On November 10, 2012
that "Notice of Violations" was hand delivered and received by Mr. O'Hare.
According to a written document received by the Town on December 11, 2012,
from the Delray Beach Pei it Department the subject expired permit was
renewed on November 14, 2012 which is shortly after Mr. O'Hare was in receipt
of the Town's "Notice of Violations". Therefore, the violation of an expired re-
roofing permit no longer exists.
2. This item, as directly related to item 1, is therefore no longer in violation of the
Town's Code.
All other items listed on the November 5, 2012 "Notice of Violations" remain
outstanding. The remaining outstanding violations are requested to be corrected by
January 17, 2013.
S1 cerely,
William H. Thrasher
Town Manager
100 SEA ROAD, GULF STREAM, FLORIDA 33483
01/16/2013 09:12
COMMISSIONERS
1DAN K DRMWEIN, Mmr
THOMAS M. RTANM, Vke Mryo.
tAma I. ANDERSM
W. GARRETT DERIH6
RDamrW.GANGER
56 62520
.January 17, 2013
GULF STP.EAM d
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Louis Roeder
Attorney at Law a i
7414 Sparkling Lake Road Via Fax 866-610-6090
Orlando, FL 32819
Re: Christopher O'Hare; 2520 Avenue Au Soleil
Code Violation Letter, dated November 5, 2012
Dear Mr. Roeder:
PAGE O1/01
Telephone
(581)276-5116
Fax
(561) 737.0169
Town Manager
WILLIAM H. THRASHER
Town Clark
RRA L TAYLOR
I am responding to your last email to me dated January 15, 2013. You askel
that the Town clarify its request for items'3-5. Inasmuch as the
landscape materials recently planted on the front and side of the
structure were installed without first obtaining a permit and a portion
of the driveway was cut and removed, also without a permit, the Town
is directing that the property be restored to the condition that existed
prior to these unpermitted activities. The Town extends compliance to
January 31, 2013.
Respectfully,
William H. Thrasher
Town Manager
100 SEA ROAD, GULF STREAM, FLORIDA 33483
561-737-0180 town of gulf stream 06;02:13 a m 02-27-2013 111
TOWN OF (GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISIONERS
WILLIAM F. HOCH, JK Mayor
JOAN K ORTHMN, Yce Mxyor
FRED 8. DEVITT III
W. GARRETTDEAING
MURIELI ANDERSON
February 26, 2013
Louis L. Roeder, Esquire
7414 Sparkling Lake Road
Orlando, FL 32819
Telephone
(Sol) 275-5116
Fax
(581)737-8188
TownlAanvger
WU11AM H. THRASHER
7mm Clark
RITALTAYLOR
Fax 866-610-6090
Re: Request for Clarification. -"Code Violation Letter,
dated November 5, 2012" dated January 22, 2013
Dear Mr. Roeder,
These matters mentioned in your above referenced letter will be
heard before the Town of Gulf Stream Code Enforcement Special Magistrate
on March 21, 2013 at 10:00 A.M. at the Town Hall Commission Chambers.
William H. Thrasher
cc: Attny.. John Randolph
wn
Rita Taylor, T. Clerk
100 SEA ROAD, GULF STREAIA, FLORIDA 33483