HomeMy Public PortalAboutPRR 14-069869's
Your original request, dated March 03, 2014, is reproduced in the space below:
From: lou.roeder @gmail.com [mailto:lou.roeder @gmail.com] On Behalf Of Lou Roeder
Sent: Monday, March 03, 2014 9:55 AM
To: Rita Taylor
Subject: PUBLIC RECORDS REQUEST- Boat moored north of Mayor Orthwein's home
THIS IS A PUBLIC RECORDS REQUEST
ATTENTION: Custodian of Public Records for the Town of Gulf Stream, FL
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:
All records regarding in any way the boat adorned with political cartoons or any
part of said boat moored north of Mayor Orthwein's Gulf Stream home.
All responses to this public records request should be made in writing, first to the following email address
lou @louroeder.com, or in the alternative to fax number: 866- 610 -6090
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 §119.01(2)(0,
Florida Statutes.
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 §199.07(1)(e) of the Florida Statutes and
state in writing, and with particularity, the basis for your conclusions as required by §119.07(1)(f) of the
Florida Statutes.
Please take note of §119.07(c) Florida Statutes 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 requested records are not all readily available, I will accept them piecemeal. I request that
whichever records are readily available be provided to me immediately; and those other records be
provided to me as soon as possible.
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.
THANK YOU
Louis Roeder 7414 Sparkling lake Rood Orlando, FL 32819 cell: 407 - 758 -4194
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT
SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY,
FEBRUARY 25, 2014 AT 10:00 A.M. IN THE COMMISSION CHAMBERS OF
THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Case No. CE 1 -14: Christopher O'Hare, 2520 Avenue Au
Soleil: A boat registered to Mr. O'Hare is anchored within
Gulf Stream beyond the maximum time allowed(24 hours)in Sec.
38 -72 of Gulf Stream Code of Ordinances.
III. Case No. 2 -14: Christopher O'Hare,2520 Avenue Au Soleil:
Art work is being displayed on this property that is visible
from the street in violation of Sec. 70- 268(c) that prohibits
objects of art visible from the street.
IV. Case No. CE3 -14: Constance J. Swift, 2562 Avenue Au Soleil:
Failure to remove an existing shed at this address, said removal
being a condition of approval of a large addition to the dwelling.
Location of shed in violation of Sec. 70 -74 and Sec. 70- 105(3)
prohibits sheds.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105
ir�ie�t #l(r'r
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Zoning Deparunent Pu. (561) 276 -5116
CODE ENFORCEMENT SPECIAL MAGISTRATE Fax (561) 737 -0188
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 1 -14 2 -18 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of die Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
In the waters ]mown as Polo Cove approx.
1. Location/Address where violation(s) exisl(s): 25 yds, behind 543 Palm way, Gulf Stream,
Florida.
2. Legal Description: pear of P010 0rn -uhHjyj Rion recorded gook 24, Page 073
3. Name and address of owner /person in charge where violation(s) exist(s): Owner of boat is
Christopher O'Hare, 2520 Ave. Au Soleil, Gulf Stream, FL anchored/moored at
the above described location.
4. Violation of Town Code Sectioa(s)) and description(s): A boat registered to Mr. O'Hare
bearing registration #FL 6948 RX was ancho an Po Cove a approxvrm ly
4:00 P.M. an 2- 10 -14. Section 38 -72 of the Town of Gulf Stream Cade of Ordinances
prov s no Iro"Jer period
than 24 hours in any consecutive 30-day period but does not apply to permanent
a"'within the Tawas. ~^ h -M _ _ r r' 1 - ll g units
(SEE ATTACHED "EXHIBITS OF VIOLATION')
5. Date of First Inspection: February 10, 2014
6. Date owner first notified of violation(s): 7 :03 A.M. on February 13, 2014
7. Date on/by, which violations are to be corrected: goat to be removed by 7:03 A.M. on
, February 14, 2014.
r***** * * * * * ** * * * * * * * * * * * * * *pngpORTANT NOTICE * * * * * * * * * * ** ** * * * * * * * * * **
Unless the violator corrects the violation(s) described herein by the date set forth above AND
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify
COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on 2 -25 -14 at 10 :00 A.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to
answer allegations that you have violated the above cited sections of the Code of Ordinances of the
Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his/her findings
solely upon presentation by the Town Code Inspector
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
Feb 24 2014 , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND
DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT
YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate finds that you have committed a violation, he/she may order IMMEDIATE
COMPLIANCE with the Code and if you fail to comply with such order within the time period set
forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining
in non - compliance.
If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES
CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN.
If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an
APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF
GULF STREAM FOR ANY SUCH REQUESTS, ALL REQUIREMENTS FOR SUCH REQUEST
MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate with respect to any matters
considered at subject meeting, they will need a record of the proceedings, and for such purpose, they
may need to ensure that a verbatim record of the proceedings is made, upon which record includes
testimony and evidence upon which appeal is to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By: Rita L. Tay Town Cfetk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
COMMISSIONERS
JOAN R. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W. GARRETT DERING
ROBERT W. GANGER
DONNA S. WHITE
February 12, 2014
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
F
�i
_ i /�•N r
NOTICE OF VIOLATION
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
Telephone
(561)776.5116
Fax
(561)737.6166
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
Hand Delivery
Article #1B0
It has come to our attention that a boat registered to you bearing
registration number FL 6948 RX has been anchored within the Municipal
Limits of Gulf Stream in a cove known as Polo Cove.
Section 38 -72 provides that no boat or vessel shall be moored or
anchored within the Town for a longer period than 24 hours in any
consecutive 30 day period.
Inasmuch as this boat was anchored in the above stated location at
approximately 4:00 P.M. on February 10, 2014, it is now in violation
of Section 38 -72 of the Town of Gulf Stream Code of Ordinances, a
copy of which is attached for your reference.
This is to be considered official notice to correct this violation
within twenty four (24) hours of delivery and /or posting of this
notice. Failing to comply with this order shall result in an
appearance before the Special Magistrate and further action as
provided in Chapter 2, Division 2 of the Code of Ordinances, a copy
of which is also enclosed.
Sincerely, �J
William Th %r -
Town Manager
Encls.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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43344
GULF STREAM CODE
that all lighting shall be positioned or shielded so
that the light is not a visible source from the
beach during the night period from April 1 to
October 31 of each year.
(Code 1978, § 8- 13(b))
See. 36 -45. Town and Florida Power and
Light owvmed lighting.
The town and Florida Poker and Light owned
street ligbts and lighting at parks and any town
mined beach access areas shall be subject to the
following:
(1) Whenever possible, street lights shall be
located so that the bulk of their illumina-
tinn twill travel away from the beach. Such
lights shall be equipped with shades or
shields that will, to the extent practical,
prevent back lighting and render such
lights not visible from the beach.
(2) Lights at parks or other public beach
access point; shall be properly positioned
or shielded; or, to the extent same are
determined by the town not to be neces-
sary for public safety purposes, shall not
be utilized during the period April 1 to
October 31 of each year.
ICode 1978, § S- 13(c))
Sec. 38.46. Future oceanfront development.
For future oceanfront development, the town
shall review proposed plans and strongly encour-
age the applicant to insure that artificial light
sources are positioned or shielded so as not to
illuminate any area of the beach which may be
used for sea turtle nesting and hatchlings.
i Code 1978, § 8- 13(.d))
Sec. 3 8-47. Beach cleaning.
The town strongly encourages that all mechan-
ical beach cleaning activities designed to remove
debris from the beach be conducted so as not to
damage, alter, or destroy sea turtle nests or
hatchlings. If complaints are received and the
town has probable cause to suspect that mechan-
ical beach cleaning activities are damaging, alter-
ing or destroying sea turtle nests or hatchlings,
the town shall promptly notify the Florida Depart-
ment of Natural Resources or other appropriate
state or federal regulatory agencies for appropri-
ate enforcement actions.
(Code 1978, § 8- 13(e))
Secs. 3 &48-38 -70. Reserved.
ARTICLE M. WATERCRAFT=
Sec. 38.71. Use as residence.
\o boat or vessel shall be used or maintained
within the torn as a place of residence or for
sleeping or living purposes. For purposes of this
section, a "place of residence or for sleeping or
living purposes" shall mean the occupation of a
vessel for a period greater than 24 consecutive
hours.
(Code 1978, § 8 -21)
Sec. 38 -72. Anchoring or mooring.
No boat or vessel shall be moored or anchored
within the town for a longer period than 24 hour
in any consecutive 30 -day period. This section
shall not apply to the permanent docking of bent:
or vessels to pier which are accessory uses to
residential dwelling units within the torn if the
vessel is owned by the owner of the residential
dwelling unit of which the pier is an accessary use
or such vessel is owned by a guest of the owner of
the residential dwelling unit and accessory dock
facility to wI ich the vessel is attached.
(Code 1975, § 8 -23)
Editor's note -- Ordinance No. 03.8, § 1, adopted October
10. 2003. rspealcd i 35.72. Formerly, such section pertained to
permit for docking and derived from § 8.22 of the 1978 Code.
Subsequently. § 2 or snore ordin.anm renumbered i 3S -73 as
30"-72.
Sec. 3 8-73. Maintenance restrictions.
It shall be unlawful for the owner of any boat
within the water of the town, or any person
under his supervision and direction, to perform
any heavy maintenance on such boat within the
town other than the normal day -to -day mainte.
nance required to maintain such vessel and any
'Crass references- 3rariae facilities, structures and places,
ch. 52: marinas. § 5251 et seq.
State law reference Vssaei safety, F.S. ch. 327.
CD38:4
31. 327.60 f.s. Abstract: (f) Regulating the anchoring of vessels other than live- aboard vessels
Score: 95.73% outside the marked boundaries of mooring fields permitted as provided in S. (3)
Nothing in this section shall be construed to prohibit local governmental authorities
from the enactment or enforcement of regulations which prohibit or restrict the
mooring or anchoring of floating structures or live- aboard vessels within their
jurisdictions or of any vessels within the marked boundaries of mooring fields ...
, ,
E--k.11 CODE
DIVISION 2. CODE EA'FORCENIENT"
Sec. 2-66. Title.
This division may be ]mown 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.
(c) The special magistrate shall preside over
code enforcement mntters scheduled to be heard
from time to time.
(Q 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.
(g) 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)
State law reference—Special magistrates. FS. § 162.03.
D2:4
*State law reference —Cade enforcement, F.S. ch. 162.
/ AllIL\ISULUION ; 2.69
Sec. 2.68. Jurisdiction.
1a) 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:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 16, 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 Plnces; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged viol ntin of nny
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 -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
citntians 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 vinlation
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
and request a hearing. 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 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 n 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.
Arepeat violation is a violation of provision of
erode 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,
CD2:5
ADMINISTRATION
(8) Authorize the reduction of any fine he/she
has imposed.
(Ord. No. 06.02, F 1, 5 -5 -06)
State law reference—Similar provisions. F.S. § 162.06.
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 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 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
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 rinds 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 $5500.00 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 -i3
(2) Any actions taken by the violator to cor.
rect the violation; and
(31 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 n
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.
After three months from the filingofany 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
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)
Slate law rererence— Similar pm Isions, F.S. § I62,09.
Sec. 2 -73. Duration.
No lien provided under this division shall con-
tinue for n 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 attor-
ney'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
continuation of the lien effected by the cotnmence-
meet of the action shall not be good against
CD2:7
AOJIAITRATIO.N § 2S0
cial magistrate with less than full payment thereof,
nite term of imprisonment not to exceed 60 days,
unless the special magistrate shall make a spe-
in a municipal detention facility or other facility
cific fording that no violation of any ordinance
as authorized by law.
described m section 2.68 of this Code exists on
(Ord. No. 06 -02, § 1, 5 -5.06)
the subject real property.
(c) The balance of any fore or lien imposed
pursuant to section 2 -72 that is reduced by the
special magistrate shall be paid on such terms as
approved byjthe special magistrate.
(d) If the property for which an application for
a fine reduction is being considered is owned by n
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
late or in equity by the town to enjoin or correct
any violation of the ordinances of the town, nor to
bar or prohibit the lawn from filing charges against
any person, firm or corporation violating any
town ordinance as provided by existing laws. This
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)
State law reference— Similnr prmislons. FS. s! 162.011
Sec. 2 -78. 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 far violation of municipal ordinances as
provided for in P.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-
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RETURN RECEIPT
Article Addressed To:
Christopher O'Hare
2520 Avenue Au Soled
Gulf Stream, EL 33483
Signature o essee
L
Agerkt Signature
Article No.
180
Date Delivered:
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•
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
LOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W. GARRETT DERING
ROBERT W. GANGER
DONNAS. WHITE
February 19, 2014
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
�f • Ri
Telephone
(561)276 -5116
Fax
(561)737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
Hand Delivery Article 184
This is to advise that the political signs displayed on your boat
in Polo Cove are in violation of Section 66- 446(5)d of the Gulf
Stream Code of Ordinances in that placing of political signs anywhere
on public property or rights -of -way is prohibited.
This is official notice to remove them within twelve (12) hours of
the delivery of this notice.
Sincerely,
%?" WZy-
William H. Thrasher
Town Manager
Encl. Sec. 66- 446(5)d
100 SEA ROAD, GULF STREAM, FLORIDA 33483
i J
C`
ZONING
d. The placing of signs anywhere on
public property or rights -of -way is
prohibited.
e. Signs shall be set back ten feet from
the lot line of another property owner,
five feet from the front property line
or from the street and shall have a
maximum height of four feet includ-
ing support for the sign.
Ibmporary political signs shall not
be placed prior to thirty days of the
election to which they relate and
shall be removed within 48 hours
after the day of the election to which
they apply.
(b) Except for the designation of resident name,
property owner, location, or address, the erection,
display and maintenance of an illuminated sign
on any property is strictly prohibited.
(Ord. No. 83 -1, § 2(X, C), 4 -8-83; Ord. No. 08 -4,
§ 5, 9 -5 -08)
Sec. 66.447. Specifications for permitted
signs.
Any real estate sign offering property for sale
or rent may be double -sided in design, however. It
shall not exceed two square feet in total dimen-
sion. Color of signs shall be a white background
with black lettering thereon. There shall be no
raised lettering. Further, no such real estate sign
shall be extended or hung from a pole or poles, but
shall be enclosed within a metal frame, The
supporting member of the frame of the sign shall
be installed into the ground to provide that the
top of the face of such sign shall not be more than
four feet above the finished grade of the ground.
Real estate signs shall consist of one sign only,
and there shall be no accessory signs attached
thereto or located within the frame in which the
real estate sign is enclosed. Any other sign per-
mitted herein shall not exceed a dimension of two
square feet, the color shall be a white background
with black lettering thereon and shall be single -
sided in design. All real estate signs must be
located on the premises of the property being
advertised for sale, no such signs being allowed on
§ 66456
the public right -of -way or off-site. Any sign erected,
displayed or maintained in violation of this sec-
tion shall constitute a violation of this chapter.
(Ord. No. 83 -1, § 2(X, C), 4 -8 -83; Ord. No. 92 -3,
§ 1, 9- 28 -92; Ord. No. 03 -5, § 1, 10- 10 -03)
Sec. 66-448. Approval required.
Except for the placement of real estate signs,
all signs shall fast be reviewed and approved by
the architectural reivew and planning board prior
to the placement of such signs.
(Ord. No. 83 -1, § 2(X, C), 4 -8-83)
Sec. 66 -449. Undergrounding of utilities.
All utility service lines shall be placed under-
ground.
(Ord. No. 03 -9, § 1, 10- 10 -03)
Secs. 66- 450-66455. Reserved.
DIVISION B. WIRELESS COMMUNICATIONS
TOWERS AND ANTENNAS
Sec. 66 -456. Wireless communications tow-
ers and antennas.
The Town of Gulf Stream finds that it is in the
public interest to limit the siting of wireless
communications towers and antennas within the
municipal boundaries of the town. The following
conditions shall apply:
(1) A tower to support wireless communica-
tions antennas, designed primarily for the
purpose of serving residents of the Town
of Gulf Stream, may be permitted within
the town -owned property subject, how-
ever, to the tower being available for use
jointly to provide public safety communi-
cations and further subject to a license or
lease authorizing the use of said tower
having been approved by the town com-
mission.
CD66:89
a. Any lease of the tower referenced
herein shall be subject to terms and
conditions satisfactory to and ap-
proved by the town commission.
(2) Wireless communications antennas shall
be permitted on towers as provided for in
4 66-431
DIVISION 6. SETBACKS
Sec. 66 -431. State Road AlA.
GULF STREAM CODE
law and those which are necessary and
incidental to the performance of govern-
mental activities and responsibilities.
(a) There is hereby fixed the setback distance (2) Signs required by a club designating and
for the construction and erection of buildings and naming the club as well as those signs
improvements along the right -of -way of State providing notice to the public designed to
Road AlA through the town at 78 feet from the prevent trespassing and/or the use of the
centerline of the road unless otherwise specified club's property by person's other than those
in the Code. authorized by such club.
(b) No building permit shall be granted by the
town for the construction of buildings or other
improvements within 78 feet of the centerline of
State Road AIA.
(c) Any buildings, improvements or facilities
now existing which are located within a distance
of less than 78 feet from the centerline of State
Road AlA are classified as nonconforming uses,
but such uses shall not be extended and all future
changes or alterations shall conform to the set-
back line.
(Ord. No. 83-1, § 2(X, D, 1 -3), 4 -8-83; Ord. No.
00.1, § 23, 3- 10-00)
Sec. 66432. Coastal areas.
Construction in coastal areas of the town must
comply with all of the provisions of the "Palm
Beach County Coastal Construction and Excava-
tion Setback Ordinance No. 72 -12" and the con-
struction control line established by the state
bureau of beaches and shores, which ordinance or
its successor shall prevail in the absence of a
conflicting town ordinance.
(Ord. No. 83 -1, § 2(X, D, 2), 4.8 -83)
Secs. 66.433- 66445. Reserved.
DIVISION 7. SIGNS
Sec. 66.446. Restriction generally.
(a) The erection, display and maintenance of a
sign on any property or building within the town
is prohibited except the following which are per-
mitted:
(1) Signs required by the town or other gov-
ernmental agencies where required by
CD66:88
(3) Signs required by owners of private prop-
erty including their agents and contrac-
tors shall be limited to:
a. Only one real estate sign, which shall
be removed within 48 hours of the
sale or rental of the property on
which the sign is located.
b. Only one sign which identifies con-
tractors and/or subcontractors and
their building or renovation activi-
ties only in relation to such activities
as are being conducted on the partic-
ular property on which the sign is to
be erected, displayed and main-
tained. Such sign shall be perma-
nently removed prior to the issuance
of a certificate of occupancy or final
inspection for the building or reno-
vation activity described on the sign.
(4) Owners of private property may erect,
display and maintain a sign identifying
their name or ownership, entrance and
exit roads and street number identifying
such property.
(5) Political signs subject to the following
regulations:
a. No sign shall exceed a maximum of
four square feet in area.
b. Not more than one sign shall be
placed upon any property unless such
property fronts upon more than one
street, in which event two signs may
be erected, one on each frontage.
C. Signs shall be located only on prop-
erties where the property owner has
given permission.
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via email
March 06, 2014
lou.roeder@gmail.com [mailto:lou.roeder @gmail.com]
Re: PUBLIC RECORDS REQUEST - Boat moored north of Mayor Orthwein's home
All records regarding in any way the boat adorned with political cartoons
Dear Mr. Roeder [mailto:lou.roeder@gmail.com],
This letter is attached to an email that provides you with the full responsive production of public
records requested in your email dated March 03, 2014. This correspondence is reproduced below
for your convenience.
Please open the attached file, which includes the documents that are responsive to your request.
Sincerely,
Town Clerk
Custodian of the Records
Your orieinal request, dated March 03 2014 is reproduced in the space below:
From: lou.roeder @gmail.com [mailto:lou.roeder @gmail.com] On Behalf Of Lou Roeder
Sent: Monday, March 03, 2014 9:55 AM
To: Rita Taylor
Subject: PUBLIC RECORDS REQUEST- Boat moored north of Mayor Orthwein's home
THIS IS A PUBLIC RECORDS REQUEST
ATTENTION: Custodian of Public Records for the Town of Gulf Stream, FL
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:
All records regarding in any way the boat adorned with political cartoons or any
part of said boat moored north of Mayor Orthwein's Gulf Stream home.
All responses to this public records request should be made in writing, first to the following email address
lou @louroeder.com, or in the alternative to fax number: 866 - 610 -6090
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 §119.01(2)(0,
Florida Statutes.
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 §199.07(1)(e) of the Florida Statutes and
state in writing, and with particularity, the basis for your conclusions as required by §119.07(1)(f) of the
Florida Statutes.
Please take note of §119.07(c) Florida Statutes 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 requested records are not all readily available, I will accept them piecemeal. I request that
whichever records are readily available be provided to me immediately; and those other records be
provided to me as soon as possible.
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.
THANK YOU
Louis Roeder 7414 Sparkling Lake Road Orlando, FL 32819 cell: 407 - 758 -4194
The Town's acknowledgement of the above Public Records Request dated March 05 2014 is
reproduced in the space below:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 05, 2014
lou.roeder@gmail.com [mailto:lou.roeder @gmail.com]
Re: PUBLIC RECORDS REQUEST - Boat moored north of Mayor Orthwein's home
All records regarding in any way the boat adorned with political cartoons
Dear Mr. Roeder [mailto:lou.roeder @gmail.com],
The Town of Gulf Stream has received your public records request dated March 03, 2014. If
your request was received in writing, then the first page of that request is attached to this cover
letter. If your request was verbal, then the description of your public records request is set forth
in the space below.
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,
Town Clerk
Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via email
March 07, 2014
lou.roeder@gmail.com [mailto:lou.roeder@gmail.com]
Re: PUBLIC RECORDS REQUEST - Boat moored north of Mayor Orthwein's home
All records regarding in any way the boat adorned with political cartoons
Dear Mr. Roeder [mailto:lou.roeder @gmail.com],
This letter is attached to an email that provides you with the responsive production of the
remaining public records requested in your email dated March 03, 2014. This correspondence is
reproduced below for your convenience.
Please open the attached files, which include the documents that are responsive to your request.
We apologize for the oversight and unless we hear back from you, we consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records
Your original request. dated March 03. 2014, is reproduced in the space below:
From: lou.roeder @gmail.com [mailto:lou.roeder @gmail.com] On Behalf Of Lou Roeder
Sent: Monday, March 03, 2014 9:55 AM
To: Rita Taylor
Subject: PUBLIC RECORDS REQUEST- Boat moored north of Mayor Orthwein's home
THIS IS A PUBLIC RECORDS REQUEST
ATTENTION: Custodian of Public Records for the Town of Gulf Stream, FL
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:
All records regarding in any way the boat adorned with political cartoons or any
part of said boat moored north of Mayor Orthwein's Gulf Stream home.
All responses to this public records request should be made in writing, first to the following email address
lou @louroeder.com, or in the alternative to fax number: 866- 610 -6090
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 §119.01(2)(f),
Florida Statutes.
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 §199.07(1)(e) of the Florida Statutes and
state in writing, and with particularity, the basis for your conclusions as required by §119.07(1)(f) of the
Florida Statutes.
Please take note of §119.07(c) Florida Statutes 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 requested records are not all readily available, I will accept them piecemeal. I request that
whichever records are readily available be provided to me immediately; and those other records be
provided to me as soon as possible.
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.
THANK YOU
Louis Roeder 7414 Sparkling Lake Road Orlando, FL 32819 cell: 407 - 758 -4194
The Town's acknowledgement of the above Public Records Request dated March 05 2014 is
reproduced In the space below:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 05, 2014
lou.roeder @gmail.com [mailtoaou.roeder@gmail.com]
Re: PUBLIC RECORDS REQUEST - Boat moored north of Mayor Orthwein's home
All records regarding in any way the boat adorned with political cartoons
Dear Mr. Roeder [mailto:lou.roeder@gmail.com],
The Town of Gulf Stream has received your public records request dated March 03, 2014. If
your request was received in writing, then the first page of that request is attached to this cover
letter. If your request was verbal, then the description of your public records request is set forth
in the space below.
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,
Town Clerk
Custodian of the Records
The Town's original Production of the above Public Records Reauest, dated March 06 2014 is
reproduced in the space below:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via email
March 06, 2014
lou.roeder @gmail.com [mailto:lou.roeder@gmail.com]
Re: PUBLIC RECORDS REQUEST - Boat moored north of Mayor Orthwcin's home
All records regarding in any way the boat adorned with political cartoons
Dear Mr. Roeder [mailto:lou.roeder @gmail.com],
This letter is attached to an email that provides you with the full responsive production of public
records requested in your email dated March 03, 2014. This correspondence is reproduced below
for your convenience.
Please open the attached file, which includes the documents that are responsive to your request.
Sincerely,
Town Clerk
Custodian of the Records