HomeMy Public PortalAboutCE 23-01 Order 8.31.2023nRnizR
TOWN OF GULF STREAM
SPECIAL MAGISTRATE ORDER
CASE NO. CE 23-01
PROPERTY OWNER: 2900 AAS, LLC.
2900 AVENUE AU SOLEIL
GULF STREAM, FL 33483
PCN: 20-43-46-04-00-000-5080
THIS MATTER came before the Special Magistrate for a hearing held at Town Hall on
August 30, 2023, at 9:30 a.m. The undersigned serves as Special Magistrate for Code
Enforcement Matters.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The Statement of Violation and Notice of Hearing for the hearing date of August 30,
2023 was properly served through certified mail, return receipt requested as required by
Town Code Section 2-75.
2. Assistant Town Attorney Trey Nazzaro ("Attorney Nazzaro") and Town Manager Gregory
Dunham ("Manager Dunham") were present. John Carew, the Property Owner's
General Contractor, was also present.
3. The Town charged the Property Owner with:
a. Maintaining a roof so as not to leak. Town Code Section 22-32(5). This violation
applied to a principal building and an accessory building.
b. Failing to keep a roof clean and painted. Town Code Section 22-32(5). This
violation applied to a principal building and an accessory building.
c. Permitting an accumulation of stagnant water. Town Code Section 22-31 (15).
d. Permitting dead or dying trees, grass, shrubs, stumps, roots, or obnoxious
growth. Town Code Section 22-31(4).
4. Attorney Nazzaro stated that Manager Dunham performed an on -site inspection August
29, 2023 ("on -site inspection") of the condition of the property and was satisfied that the
violations of Town Code Section 22-31(4) were cured, and that the violation of Town
Code Section 22-31 (15) could not be sufficiently proven, as the pool was completely
covered with plywood.
5. Manager Dunham testified that the condition of the roof during his on -site inspection was
consistent with the photographs provided to the Special Magistrate and attached hereto
as Exhibit A (principal building) and Exhibit B (accessory building).
6. Attorney Nazzaro noted that the Property Owner had started a permit application to
perform certain repairs to the roofs and asked that the undersigned require the Property
Owner to obtain the permit within 14 days, and to complete the work within 14 days after
permit issuance.
7. General Contractor John Carew testified that the amount of time was reasonable and
that he would be able to obtain the permit within 14 days and complete the work within
14 days.
ORDER
NOW, THEREFORE, it is adjudged that:
The Town presented competent substantial evidence satisfying the Town's burden of proof that
established:
A. The roof of the principal building is not in the condition required by Town Code Section
22-32(5).
B. The roof of the accessory building is not in the condition required by Town Code Section
22-32(5).
IT IS HEREBY ORDERED that the Property Owner shall obtain a permit within fourteen
(14) days of the August 30, 2023 hearing, said date being September 13, 2023, to correct the
foregoing violations. The Property Owner shall perform the repairs within fourteen (14) days of
permit issuance. If the violations are not corrected within this timeframe, the undersigned will
assess a fine of $200 per day for each day each violation continues thereafter.
IT IS HEREBY ORDERED that a Fine Assessment Hearing is hereby scheduled for
October 4, 2023 at 9:30 a.m. at which time the undersigned shall determine whether a fine
shall be issued, the amount, and any other violations of the property that are properly noticed
consistent with the Code Enforcement Ordinance of the Town of Gulf Stream.
NOTE: It is the responsibility of the Property Owner to contact the Town when they believe
compliance has been achieved to request a re-insp
DONE AND ORDERED this day of August,
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