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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