HomeMy Public PortalAboutPRR 14-1579From: Chris O'Hare [mailto:chrisoharegulfstream @gmail.com]
Sent: Wednesday, October 08, 2014 8:32 PM
To: Bill Thrasher
Subject: Public record request and complaint - golf course seawall
Dear Custodian of Records and Town Manager,
Attached please find photos of the shore armoring which exists along the Intracoastal waterway
on the property known in county records as PCN 20434603000030110. I personally observed the
recent placement of additional concrete debris and dead grass clippings being deposited in
certain areas along this shoreline. These recent deposits are in addition to the existing mounds of
construction debris previously deposited in this location. These recent deposits are evidenced in
the attached photos taken by me. This material and this activity are in violation of numerous
Town Codes. I have copied some of these codes below for your reference.
I am complaining to you about this matter as it causes an unsightly and unsafe condition in our
town. This type of condition is apparently what the Town Commission intended to cure by
enacting the ordinances which created the code sections referenced below.
I wish to know what the Town intends to do about these apparent violations. I also wish to know
what actions have been taken in the past. Therefore please see the public record request below.
Town Code references:
Sec. 52 -26. - When required.
All owners of real property having frontage or direct and immediate access to frontage on the
Intracoastal Waterway canal or other body of water located within or bordering the boundaries
of the town wherein the water is in any proportion saline or brackish, or levels of which fluctuate
by reason of tidal influences, shall be required to construct, at such owner's expense, seawalls
bulkheading the entire frontage exposed to contact with the water or alternatives to vertical
bulkheads which will meet good engineering design standards. Seawalls or their alternatives
shall be structurally maintained at the owner's expense so as not to cause a nuisance or a
hazard to navigation or safety. This section is not intended to require seawalls or bulkheading
along those sections ofproperty fronting on the Atlantic Ocean.
ARTICLE H. - UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS
It shall be unlawful and shall constitute a nuisance far any owner of land within the town to have
or permit thereon any:
• (1) Conditions in violation of any of the provisions in this chapter.
(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 construction
projects.
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or structures, ruins of any kind or buildings, docks, walls or
other structures in a failing or dangerous condition.
(8) Any condition which provides harborage for rats, mice, snakes, or other vermin.
(18) Any worn -out, scrapped, partially dismantled, nonoperative, unusable, or discarded
materials or objects, such as automobiles or parts thereof, building materials, machinery, metal,
wastepaper, rags, glass -ware, tinware, vehicles, boats orparts thereof, or other items ofjunk.
Failure of any vehicle, or parts thereof, to have a valid license plate or other registration
certificate specifically attached to the vehicle or part thereof, shall be prima facie evidence that
such property is worn out, scrapped, nonoperative, unusable or discarded.
• (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion
to land adjacent thereto.
Sec. 22 -32. - Foundations, structural members 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.
(7) Accessory buildings and other appurtenances 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.
Sec. 22 -33. - Notice to abate, content.
• Nenever it is made to appear to the town manager, or the town's designee, after
investigation that a nuisance exists within the town pursuant 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.
• PUBLIC RECORDS REQUEST:
Pursuant to Article 1, Section 24 of the Florida Constitution and Chanter 119.07 of the Florida Statutes I
wish to make a public records request of your agency for the following records:
The most recent record of any Town communications with Gulf Stream Golf Club regarding
their shoreline along the Intracoastal waterway.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or
disclosure please cite the specific exemption as
• required by 6119.070)(f) of the Florida Statutes.
If some records which are responsive to this request are readily available, please produce these records as soon as
they are available. Please do not withhold any records from me while searching or producing any other records.
Please take note of 5119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt
of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, ifso, the location at
which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of
records that may be responsive to this public records request to preserve all such records on an immediate basis.If
the public records being sought are maintained by your agency in an electronic format please produce the records in
the orieinal electronic format in which they were created or received. See § 119.01(2)(1). Florida Statutes.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their
production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total
number of pages and/or records, as well as to distinguish the cost of labor and materials. Please notify me
immediately prior to any action by you that would require reimbursement from me in excess of $1.
All responses to this public records request should be made in writing to the following email address:
chrlsohareeulfstream@ email. com
Sincerely,
Chris O'Hare
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 21, 2014
Chris O'Hare [mail to: chrisoharegulfstream @gmail.com]
Re: GS #1579 (golf course seawall)
The most recent record of any Town communications with Gulf Stream Golf Chub regarding
their shoreline along the Intracoastal waterway.
Dear Chris O'Hare [mail to: chrisohareeulfstream na,email.coml,
The Town of Gulf Stream received your public records request on October 8, 2014. If your
request was received in writing, then the request can be found at the following link:
htto: / /www2.gulf- stream. org/ WebLink8 /0 /doc /23921/Pagel.asox. If your request was verbal,
then the description of your public records request is set forth in the italics above. In future
correspondence, please refer to this public records request by the above referenced number.
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 further respond to your public records request
in a reasonable amount of time.
Sincerely,
Town Clerk
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via a -mail
December 2, 2014
Chris O'Hare [mail to: chrisoharegulfstream @gmail.com]
Re: GS #1579 (golf course seawall)
The most recent record of any Town communications with Gulf Stream Golf Club regarding
their shoreline along the Intracoastal waterway.
Dear Chris O'Hare [mail to: chrisoharegulfstream(a)gmail.com],
This letter is in response to the public records you have requested which we received October 8,
2014. Your original requests can be found at the following link http://WWW2.gulf-
stream.org/WebLink8/0/doc/2392 I /Pagel .aspx.
Be advised that no such records exist.
We consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records