HomeMy Public PortalAboutCE 23-01 Order 10.10.2023CFN2Ci23036i" 476
OR EK 34625 PG 55
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ORDER IMPOSING FINE
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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
October 4, 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 August 31, 2023 Order setting dates for compliance and a fine assessment hearing
for October 4, 2023 was properly served through mail as required by Town Code Section
2-70.
2. Gulf Stream Town Manager Gregory Dunham ("Manager Dunham") and Bhavin Shah
("Property Owner" or "Shah") were present and sworn in. Assistant Town Attorney Trey
Nazzaro ("Attorney Nazzaro") was also present.
3. The August 31, 2023 Order found that the roof of the principal building and accessory
building were not in the condition required by Town Code Section 22-32(5) and directed
the Property Owner to obtain a permit to correct the violations with fourteen (14) days
and to perform the work to correct the violations within fourteen (14) days of permit
issuance.
4. Manager Dunham testified and presented evidence that a permit to correct the violations
was issued on August 31, 2023, within the time period required by the August 31, 2023
Order.
5. Manager Dunham further testified and presented evidence that he conducted an
inspection of the Property on September 15, 2023, and observed that the condition of
the roof of the principal building and accessory building were still in violation of the
requirements of Town Code Section 22-32(5).
6. Shah testified that he was the property owner of 2900 Avenue Au Soleil (the "Property"),
had received Notice of the hearing, and that the Property was still in violation of Town
Code Section 22-32(5).
ORDER
NOW, THEREFORE, it is adjudged that:
The Town presented competent substantial evidence satisfying the Town's burden of proof that
established:
A. Property Owner obtained a permit to correct violations of Town Code Section 22-32(5)
on August 31, 2023.
B. The roof of the principal building is not in the condition required by Town Code Section
22-32(5) as of September 15, 2023.
C. The roof of the accessory building is not in the condition required by Town Code Section
22-32(5) as of September 15, 2023.
IT IS HEREBY ORDERED that a fine of two hundred dollars ($200) per day shall be
assessed beginning September 15, 2023, in accordance with the above listed Code Sections of
the Code of Ordinances of the Town of Gulf Stream for each day either violation continues to
exist.
A certified copy of this Order may be recorded in the Public Records of Palm Beach
County, Florida, and, once recorded, shall constitute a lien against the property upon which the
violation existed and upon any other real or personal property owned by the Property Owner,
pursuant to Chapter 162, Florida Statutes, for the original amount.
NOTE: It is the responsibility of the Property Owner to contact the Town when they believe
compliance has been achieved to request a re -inspection. i
DONE AND ORDERED this day of October, 2023.
Kevi . Wagner, Special Magistrate
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