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HomeMy Public PortalAboutPRR 15-1733From: pau hagen [mailto :hagenp.waterstop @gmail.com] Sent: Tuesday, January 20, 2015 6:36 PM To: Bill Thrasher Subject: Fwd: GS #1010 (donlon record request - r & a), #1011 (underwater video records) Dear Custodian of Records, You responded to my record request (forwarded herein for your reference) that my request for All records related to any review and analysis by Lara Donlon in 2013 would cost me (1.75 hours @ 39.23 = 68.65) - (.25 hour @ 39.13= 9.81). You also wrote to advise me Ifyou would like to narrow the scope ofyour request, for example, by identifying a particular document type or date range, the Town may be able to provide these records at a lower cost. I am writing you to narrow the scope of my request as follows: All records related to any review and analysis by Lara Donlon in 2013 as referenced in the public record published on the Town's website and identified as Glen 06/06/13. I am asking for this public record under the same terms, conditions and references as contained in my original request. Sincerely, haren%waterstoo @email.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 23, 2015 Pau hagen [mail to: hagenp.waterstop @gmail.com] Re: GS #1733 (GS #1010 (donlon record request - r & a)) All records related to any review and analysis by Lara Donlon in 2013 as referenced in the public record published on the Town's website and identified as Glen 06106113. Dear Pau hagen [mail to: hagenp.waterstonna,Qmail.coml, Thank you for your correspondence that the Town of Gulf Stream received on January 20, 2015. We understand this request to correlate to public records request GS #1010, which has been administratively closed. We are treating this request as a new public records request. If your request was received in writing, then the request can be found at the following link http: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /34814/Pagel.aspxx. 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 561- 737 -0188 town of gulf stream 11:10:44 a.m. 04 -23 -2013 2/2 NOTICE OF RE- SCHEDULED HEARING THE CODE ENFORCEMENT FINE ASSESSMENT HEARING ORIGINALLY SCHEDULED FOR APRIL 22, 2013 HAS BEEN RE- SCHEDULED AND WILL BE HELD ON MAY 14, 2013 AT 2:00 P.M. BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM, FLORIDA IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF. STREAM, FLORIDA. AGENDA I. Call to Order. II. Case No. CE 1 -13; Christopher & Shelly O'Hare Violation of Sections 70 -146 and 70 -32 of the Town of Gulf Stream Code of Ordinances; planted landscape material across the front yard and over the concrete driveway. 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 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 Date: April 21, 2013 TOWN OF GULF STREAM, Petitioner, v CHRISTOPHER O'HARE and SHELLY O'HARE, Respondent Case No. CE 1 -13 Re. Violation of Sections 58- 138(b), 70- 32(a), 70- 146(6) and 70 -150, of the Code of Ordinances of the Town of Gulf Stream. Address: 2520 Avenue Au Soleil Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 36 CHRISTOPHER O'HARE and SHELLY O'HARE'S MOTION FOR SANCTIONS AGAINST THE TOWN OF GULF STREAM FOR FRAUD ON THE COURT COME NOW, CHRISTOPHER O'HARE and SHELLY O'HARE ( "O'HARE'S ") and file this their MOTION FOR SANCTIONS FOR FRAUD ON THE COURT against the TOWN OF GULF STREAM ( "TOWN') and as grounds therefore state as follows: The Town has used concealment, fraud and deception to deny the Defendants' their right of due process in this matter. 2 From the time that the TOWN's armed police officer's first served them with notice of claimed code violations regarding alleged unlawful landscaping activities, the O'HARES made numerous written requests for copies of any and all evidence that supported the TOWN'S allegations. Despite these requests the TOWN presented evidence at the March 21, 2013 Hearing in this Page 1 of 3 matter that had never before been seen by the O'HARES. 3 Beyond its prior concealment of this evidence, the TOWN knowingly used this evidence in a purposeful scheme that was intended to cause the Special Magistrate to make Findings of Fact that it knew would be untrue if made. 4. In addition to the deceptive use of undisclosed evidence, the TOWN also revealed for the first time at the March 21, 2013 Hearing that it had been using an unwritten and undisclosed definition of the term 'open front lawns" in the enforcement of the landscaping section of its Code against the O'HARE'S Standing alone, this wrongful act constitutes a fundamental denial of due process. 5. Examined as a whole, the record in the matter provides clear and convincing evidence that the TOWN set into motion an "unconscionable scheme" to interfere with "the judicial system's ability to impartially adjudicate the matter before it. G The wrongful conduct of the TOWN includes the following false assertions: A. Sworn testimony given by the Town's Manager, William Thrasher, to the effect that the TOWN OF GULF STREAM has consistently used an "open front lawns" test when enforcing the landscaping provisions of its code. See attached composite Exhibit "I". H. Sworn testimony by Thrasher to the effect that all non - complying properties (other than O'HARE'S) were lawfully "grandfathered in ". See attached composite Exhibit "I". C. Sworn testimony by its hired witness, Marty Minor, to the effect that the plant species planted by the O'HARE'S on its property were prohibited species and needed to be removed Page 2 of 3 7. While outside the scope of the Special Magistrates limited jurisdiction to impartially and fairly decide the matter before this Honorable Tribunal, the O'HARES' wish to have the record reflect that the sanctionable conduct committed by the TOWN in this matter is part of a broader scheme that has been systematically employed by the TOWN in an effort to deter and silence the O'HARE'S from pursuing their rights and remedies relative to other actionable conduct committed against them by the TOWN. 8 Based upon the foregoing, justice requires that this Honorable Tribunal sanction the TOWN OF GULF STREAM for its commission of Fraud on the Court by dismissing with prejudice the allegation of code violations brought against the O'HARE'S, vacate the findings and rulings made on April 2, 2013 and order the TOWN to forthwith pay the O'HARE'S its reasonable attorney's fees and costs incurred in connection with this matter. WHEREFORE, the undersigned respectfully requests that the Special Magistrate enter an Order granting the above requested relief and for such other relief as is just and proper. Dated: MayL.3 , 2013. f���� Louis Roeder, Counsel for Respondents CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Motion was sent by email lo. nn this the /3 day of May, 7012 Lo s Roeder Page 3 of 3 EXHIBIT 111" W .. r �! y ••bfy KR ^ � , 4L'TIYS w1 • . I � , n 'k 4 e t,? a s w Mb% _rFr JAUkv IN c S, r Wt. 0 d l 7 � Y �r� 960 INDIGO PT 2013 i ii 1995 'r ir 830 Tangerine Way 2013 1995 ii+ rp r 11 TOWN OF GULF STREAM CODE ENFORCEMENT TOWN OF GULF STREAM, CASE NO. CE 1 -13 Petitioner, vs CHRISTOPHER O'HARE and SHELLY O'HARE, Respondents. TOWN OF GULF STREAM'S RESPONSE TO RESPONDENTS' MOTION FOR RECONSIDERATION COMES NOW the Town of Gulf Stream in response to Respondents' Motion for Reconsideration, or Alternatively, Motion for Rehearing and requests that the Magistrate deny said motion on the following grounds. A motion for reconsideration or for rehearing should not be issued to rehear the facts of the case, but should only be granted in the event of an error in the findings and ruling of the Magistrate. There has been no such error. 2. The Order of the Magistrate was clearly based on competent substantial evidence. Although Respondents contend that there was a complete absence of evidence to support the finding that the Town has consistently interpreted open front lawns to mean the home and front door being viewable from the street, a review of the testimony of the Town Manager and Marty Minor clearly supported the contention of the Town that the plantings across the property's driveway did not comply with the "open front lawn" characteristic of the Place Au Soleil District. There was no error in such finding on the part of the Magistrate. Indeed the record supported the fact, as noted by the Magistrate, that although there were closed front lawns within Place Au Solell, those closed front lawns were grandfathered in prior to the changes in the Town's code This was further testimony supporting the "open front lawn" character of Place Au Soleil. 3. Although the O'Hares contend that they were not provided proper notice of the alleged violations by the Town of Gulf Stream, the record evidence supported otherwise. There was no denial of due process The Town gave clear and unequivocal notice of the violation. Although Mr. O'Hare may disagree with the Town's Interpretation of the code, it is clear that notice was received from the Town. The record clearly substantiates that Respondents received proper notice. See attached. 4. Respondents allege that the record is absent of what the previous existing condition was and has no knowledge of how to return the property to the previously existing condition. Respondents' allegation in this regard is preposterous. The record reflects and the Respondents are aware of the plantings which were put in place in violation of the Town code. One only need look at the photograph of the previously open driveway having been cut and planted with a row of Lady Palms across the driveway to understand the violation and to understand conditions which existed before and after the violation. Further, Respondents have been made fully aware of the plantings which are in violation of code. 5. Respondents should be required to comply with the Magistrate's Order, as stated in the Order, by removing the plantings in the driveway and other areas that block the view of the home. Absent compliance, the fine assessment hearing should be held as rescheduled by the Magistrate. 2 I HEREBY CERTIFY that a true copy of the foregoing has been furnished by email to Louis L. Roeder, Esquire, (lou @louroeder.com)7414 Sparkling Lake Road, Orlando, Florida 32819; and to Lara Donlon (don lonOtorcivialaw.com), 701 Northport Parkway, Suite 209, West Palm Beach, Florida 33407, this � day of April, 2013. p:Wo= \13147 \000011p1d\1 g26025 docx JONES, FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Town of Gulf Stream 505 South Flagler Drive, Suite 1100 Post Office Box 3475 West Palm Beach, Florida 33402 Telephone: 561- 659 -3000 Facsimile: 561- 650 -5300 3 C. Randolph` a Bar No. 129000 COMMISSIONERS JOAN ORTHWEJN, Mayor THOMAS M STANLEY, Ove Mayor MURIELJ. ANOERSON W GARRETT DEMNG RORERTW.GANGER' November 5, 2012 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATIONS Christopher & Shelly O'Hare 2520 and /or 2516 Avenue ALL Soleil Gulf Stream, Florida 33483 Dear Mr. & Mrs. O'Hare: Telephone (5611 2763116 Fax (561) 7773188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR Hand Deliver Article #165 There are several code violations on the property owned by you located at 2520 Avenue Au Soleil. These violations are as follows: 1. Expired Re- roofing Permit #11- 135146. Section 42 -29 of the Gulf Stream Code of ordinances states that all authorized construction shall be completed prior to expiration of the permit. Floxida Building Code Section 105.4.1.3 states that work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. The last roof inspection was April 26, 2012. 2. No overlay material in place on roof. Section 22 -32(5) states the roof shall be constructed & maintained so as not to leak and they shall be kept clean and painted. 3. Removal of a portion of driveway without obtaining a permit. This is a violation of Section 58- 13B(b). 4. Installation of landscape material that does not reinforce the identy of the applicable zoning district as stated in Section 70 -146 and further is in violation of Section 70- 32(a)that states this district is characterized as having "open front lawns ". 5. Some of the plants in the landscaping pallet are not listed within the Code at Section 70 -150 is. the Lady Palms and the plantings also include species not listed as appropriate or typical for Gulf Stream or Place Au Soleil 100 SEA ROAD, GULF STREAM, FLORIDA 33483 November 5, 2012 Page 2 Mr. & Mrs. O'Hare This is to be considered official notice to correct these violations within 30 days. Failing to comply with this order shall result in future action as provided in Chapter 2, Article III, Division 2 of the Code of ordinances, a copy of which is enclosed along with copies of other sections mentioned herein. Very truly yours, William H. Thrasher Town Manager Encls. J 42.27 GULF STREAM CODE and a fee established by the town's fee schedule shall be paid to the town for receipt of such permit. (d) If a construction trailer is parked within the town a permit shall be required therefor along with approval of the town commission, and a permit fee in the amount established in the town's fee schedule shall be paid to the town. The permit Will be valid for a period of six months. (e) If a person fails to obtain a building permit where otherwise required within the town, the penalty fee applicable by the county in the amount of four times the regular fee due to the county shall be paid. Ih addition, there shall be paid to the town a fee four times the regular fee due the town. (Code 1978, § 4 -3; Ord. No. 89 -6, § 1, 12- 16 -89; Ord.. No. 98 -1, § 1, 4- 14-98) Sec. 42.26. County to process applications; fees for service. The county building department shall process plans that are submitted in triplicate, checking the same for compliance with the codes adopted in this article, and will determine the amount of the permit fee and supply a copy of the same to the town For this and the inspection service the county shall charge the builder a permit fee as established by the county building permit fee schedule. The fee to the county shall be paid by the builder at the time application for permit is submitted to the county. (Code 1978, § 4-4) Sec. 42 -29. Construction abandonment. All authorized construction shall be completed prior to the expiration of the building permit issued by the county. The expiration of a building permit shall be prima facie evidence that the building project has not commenced or has been abandoned. Failure of the permit holder or the property owner to complete construction once it has been initiated within the timeframe of the building permit is a violation that will be referred to the special master pursuant to Chapter 2, Article III, Division 2, of this Code. Failure to restore the site to its preconstruction conditions, including re- moval of all structural improvements and place- ment of sod an all disrupted portions of the site, may result in a fine not to exceed $260..00 per working day after the permit expires. (Ord. No. 00 -1, § 1, 3- 10 -00) Editor's note — Ordinance No. 03-13, § 1, adopted octobar 10, 2003, repealed § 42-29. Formerly, such section pertained to approval of supplier of water prior to permit issuance and derived from § 4-e of the 1978 Code Subsequently, § 2 of same ordinance renumbered § 4250 as § 42 -29. Sec. 4230. Driveway permits. (a) Permit required. Construction or reconetruc- tion of driveway aprons within town right -of -way shall not commence until the town has issued a driveway connection permit. The permit shall be processed as a Level I site plan approval. The town may impose reasonable conditions to ensure that driveway run -off is directed away from the roadway, to ensure free flow of drainage across the base of the driveway apron where necessary to reach existing or proposed drainage out -falls, and to ensure proper connection with the travel lane of the adjacent roadway. (b) Properties fronting on SR AIA_ Not with. standing the foregoing, properties proposing ac. cess to State Road A1A shall first obtain a drive. way permit from the state department of transportation. (Ord. No. OD-1, § 2, 3- 10 -00) Editor's note — Ordinance No. 03 -13, § S. adopted October 10, 204 reavmbered § 4251 to 1 4250. Secs. 42.31 -- 4260. Reserved. CD42:4 I r NUISANCU ¢ 22-84 (2) Exterior walls shall be reasonably free of (2) State the legal description of the property cracks or holes through which weather on which the same exists or is main- ( elements can enter the building or struc- twined. tore, and all exterior surfacing material shall be kept painted and in good repair. (3) State the estimated total cost which will (S) Interior walla and ceilings shall be etruc- in the opinion of the town manager cover the total cost of removing, suppressing or turally sound. abating same. (4) All windows and doors to the outside shall be constructed and maintained in such a condition as to exclude weather elements or insects entering. 15'(5) The roof shall be constructed and main- tained so as not to leak Roofs shall be kept clean and painted. (6) Every inside and outside stair, every porch and appurtenance thereto shall be con. structed so as to be safe to use and capa- ble of supporting the load that normal use may cause to be placed thereon, and in conformance with the building code, and shall be kept in sound condition and good repair. (7) Accessory buildings and other appurte- nances 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. (Ord No. 04.4, § 2, 10 -B -04) Sec. 22.33. Notice to abate; content. Whenever it is made to appear to the town manager, or the town's designee, after investiga- tion that a nuisance exists within the town pur- suant 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. The notice shall; (4) The proportion of such cost proposed to be borne by the town, if any. (5) The proportion of such estimated amount which shall be borne by the owner or Occupant Of the premises involved. (6) State that unless such prohibited act, occurrence or condition has been effec- tively removed, suppressed or abated on or before the time stated in the notice, to be not less than 16 days after service of the notice, the town will remove, suppress or abate the same and assess the cost of so doing, or such proportion thereof as it may deem equitable and just, against the owner or occupant of the premises in- volved, provided such assessment shall in no event exceed the proportion of the estimated amount set forth in the afore- mentioned noticeto be borne by the owner or occupant of the premises involved; (7) That such notice shall be served upon the owner, occupant or person having the care or custody of the particular property in- volved, if he or she be found upon the premises or within the town, in the event the owner, occupant or custodian cannot be found within the town after reasonable and diligent inquiry, such notice shall be posted in a conspicuous place upon the premises and a copy thereof mailed by certified mail, return receipt requested, and by regular mail, to the lest known address of such owner, occupant or person having the care or custody of the land involved. (Ord. No. 04-4, § 2, 10 -8 -04) (1) Describe the prohibited act, occurrence or Sec. 22.34. Hearing. { condition, in sufficient detail to lainl An P Y y person owning or occupying the property identify same. removed or otherwise interested, who objects to CD22:5 22 -a1 GULF STREAM CODE (2) Rank vegetational growth that exudes unpleasant or noxious odors, high or rank vegetational growth that may conceal pools of water, trash or filth, or any other de- posits that may be detrimental to health. (3) Brush, weeds or grass that shall be greater than eight inches in height above the ground. (4) Dead or dying trees, grass, shrubs, stomps, roots or obnoxious growth_ (5) Sand, soil or other fill material used in connection with or resulting from construc- tion projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or struc- tures, ruins of any kind or buildings, docks, walls or other structures in a fail- ing or dangerous condition. (8) Any condition which provides harborage for rats, mice, snakes, or other vermin. (9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located. (10) All unnecessary or unauthorized noises and annoying vibrations, including ani- mal noises. (11) All disagreeable or obnoxious odors and stenches, as well as the conditions, sub- stances, or other causes which give rise to the emission or generation of such odors and stenches. (12) The carcasses of animals or fowl not dis- posed of within a reasonable time after death. (13) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, commercial wastes, or other substances. (14) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained. (15) Any accumulation of stagnant water per- mitted or maintained on any lot or piece of ground. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreason- able quantities. (17) Any condition constituting a fire hazard (18) Any worn -out, scrapped, partially disman- tled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, ma- chinery, metal, wastepaper, rags, glass. ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the ve. hicle or part thereof; shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or dis. carded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind. blown dust or dirt (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. (Ord. No. 04.4, § 2, 10.8 -04) Sea 2232. Foundations, structural mem- bers 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. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess ofthree and one -half percent of its span. PLANNING AND DEVELOPMENT or a federal, state, county, municipal or other governmental agency in pursuance of its lawful activities or functions. (2) The removal of trees or the moving or deposition of soil upon lots previously developed and for which a building permit has previously been granted, except in the instance where the activity will destroy trees in excess of eight inches in caliper or alter 50 percent or more of the landscaped area of the developed site. (3) The land clearing permit requirement shall not be construed to prohibit the removal or elimination of excessive accumulations of untended growth of weeds, under- growth or other dead or living plant life as may be required. (4) The removal of invasive, exotic plant spe- cies (for example Brazilian Pepper and Efelaleuca). (5) Removal of plant severely damaged trees and vegetation and other plant materials with limbs or root systems that pose a substantial hazard to persons or property. (6) Planting of annual flowers and other sea- sonal changes to landscaping beds, as well as replacement of diseased and de- clining hedges, ground cover and accent Plants with substitute plant materials. (Ord. No. 91 -21, § 3, 10- 21 -91; Ord. No. 00 -1, § 3, 3- 10 -00) Sec. 58 -138. Permits required. (a) It shall be unlawful for any person to remove, damage or destroy from any parcel of land located within the town any tree with a trunk diameter of eight inches or greater prior to obtaining a land clearing permit from the town. For purposes of this section, a "tree" is any self - supporting woody plant together with its root system, growing upon the earth usually with one trunk of at least four inches in diameter at a height of 442 feet above the ground, or a multistemmed trunk system with a definitely formed crown. CD58:9 § 6 &139 (b) It shall he unlawful for any person to remove, move or add soil or fill to or from any parcel of land located within the town without first having obtained a permit from the town. (Ord. No. 91 -21, § 1,10- 21 -91; Ord. No. 00 -1, §§ 4, 5,3-10-00) Sec. 58.139. Application requirements Any person desiring a land clearing permit required by this article shall submit a written application to the planning and building admin- istrator of the town in the same manner and following the same procedures as provided in the zoning code for site plan review. The application shall include sufficient information to delineate the extent of the clearing necessitated by the proposed land development which information shall include the following, (1) Acomplete inventory designating the spe- cies, location and number of all existing trees on the property to be developed. In addition, information should be provided which shall fully provide for end desig- nate existing elevations on the property. (2) A site plan showing the proposed plan designating the location, species and num- ber of all trees on the property; proposed elevations and contours of land. (3) Written justification shall be provided for the proposed work This shall include, but not be limited to, the following. a. In the event of removal of trees from the property, the applicant shall pro- vide a plan for mitigation satisfac. tory to the town which may include relocation and preservation of the trees removed to another location on a property located within the town, or the planting of new trees on the development site. Removal shall only be allowed in the instance where there is no practical location on the applicant's property or other prop. erty in the town for relocating the trees. b. The applicant shall provide the town a plan and appropriate assurances to ensure the protection of trees GULF STREAM DESIGN MANUAL § 70.140 DIVISION 2. SPECIAL EXCEPTION ARCHITECTURAL STANDARDS Sec. 70.126. Additions and rehabilitations incorporating a prohibited design element that is an integral part of the design of the existing structure. Designs for additions and rehabilitations may incorporate prohibited design elements that are an integral part of the existing structure (such as a flat roof) subject to the following. (1) Permitted design elements. Any design element listed as prohibited that is an integral part of an existing structure proposed for expansion or rehabilitation. Integral items shall include, but not be limited to architectural style, building form, roof material, windows and doors; but shall not include cosmetic elements such as paint colors, (2) Specific standards for review. a. The addition or rehabilitation shall comply with the standards listed in section 70 -107.. b. The prohibited design element shall be an integral part of the design or structure of the existing building. C. The incorporation of an existing prohibited design element into the design of the addition or rehabilitated portion of the structure shall be minimi ad to the extent necessary to provide a continuity of design between the rest of the existing structure and the addition or rehabilitated portion_ d. The prohibited design element shall not have a more prominent appearance on the addition or rehabilitated portion of the structure than it has on the rest of the existing structure. e. The rehabilitation or addition shall not incorporate any discouraged or prohibited elements not currently present on the existing structure. f. The cost of the addition or rehabilitation shall not exceed 75 percent of the value of the existing structure. Secs. 70. 127 - 70.145. Reserved. DIVISION 3. GENERAL LANDSCAPE STANDARDS Sec 70.146. Purpose, (a) The landscape architectural standards have been developed to reinforce the overall character and the image of the town environment. (b) The primary objectives of the landscape standards are to: (1) Reinforce the community's identity. (2) Enhance visual quality. (3) Provide buffering. (4) Provide a pleasant environment for living areas. (6) Provide a pleasant environment for driving, walldng, and other activities in the community. (c) The correct selection of plant material: (1) Beautifies the streetscape and softens buildings, (2) Controls glare. CD70:65 4 70.146 GULF STREAM CODE (3) Controls wind and directs breezes. (4) Provides shade. (6) Reduces evapo- transpiration rates and humidity. (6) Reinforces the identity of various districts. Landscape elements help to refine boundaries and reinforce the identity of the community Sec. 70.147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident. 0 (1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). I (2) Informal. The arrangement of plant material in a random grouping or asymmetric design- (3) Manicua-ed. Well- maintained and regularly pruned. nnvrnaa T -A 44-Y . c ra sc tg <T. Y^r i F'6 ��k��i '31lFSe ? ';j J+"•+l. if �" �i 3 Cn.'TG '} ♦ Va' F i u� Y M � Landscape elements help to refine boundaries and reinforce the identity of the community Sec. 70.147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident. 0 (1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). I (2) Informal. The arrangement of plant material in a random grouping or asymmetric design- (3) Manicua-ed. Well- maintained and regularly pruned. nnvrnaa 170-31 GULF STREAM CODE (2) The North/South District is characterized by an eclectic yet pleasing mixture of one- and two -story Spanish Mediterranean, Gulf Stream- Bermuda, Contemporary and Ranch style homes. Although a wide range of exterior materials, windows and entries are present, all are of very high quality and are used appropriately according to the architectural style of each house. Further, the materials and design elements are employed carefully to provide a consistent, residential and human scale to all of the houses. Thus, while the architecture is more varied than in any of the other districts in the town, the scale and mass of the homes and use of open space on the lots provides a harmonious and tranquil setting similar to that found in the remainder of the community. (3) Informal and naturalist plantings characterize the landscaping and general feel of the lots. However, as is characteristic throughout all of the town, perimeter hedging is used extensively to provide privacy. Most of the lots also feature swimming pools and patio decks in the rear yards. (Ord. No. 00 -1, § 26, 3- 10 -00) .1�4ec. 70.32. Place Au Soleil District. (a) Summary of district characteristics (XS -P). Architecture: Predominant Gulf Stream- Bermuda Lot size: Small to medium -sized lots (typical lot size: 13- 15,000 square feet) Other. Foundation plantingsfmfarmal shade trees Open front lawns Wide, curvilinear roads with cul -de -sacs CD70:20 GULF STREAM DESIGN MANUAL § 70 -32 (b) Description. (1) Place An Soleil was the name given to the last subdivision to be developed in the town. Located on the west side of the Intracoastal Waterway, the area includes about 90 homes, most of which were constructed between the mid -1960s and early 1970s. The subdivision includes several modern features not found in the other districts, such as wider streets, cul -de -sacs, landscaped boulevards, underground utilities and a gatehouse. In addition, just under half of the properties adjoin private coves or the Intracoastal Waterway. (2) The Place An Soleil District is characterized by one -story and a few partial two -story houses which fit comfortably on medium -sized lots, Thgether, the homes and landscape features lend an informal, harmonious neighborhood feel to the district. CD70:21 17042 GULF STREAM CODE (3) Although newer, the majority of the houses in the district tend to be of the Gulf Stream- Bermuda style or Ranch style homes that incorporate similar elements. Accordingly, predominant exterior materials include white cement tile roofs and pastel stucco walls. However, the district also contains Ranches with more Spanish Mediterranean type features, such as rolled roof tiles, and rustic features, such as long front porches and stained wood siding. In all cases, the materials used are of high quality and are applied appropriately according to the overall style of each home. (4) Homes in the district contain a variety of window types; however, most have small glass panes divided by mullions or muntins. Some larger glass openings are found on the rear of those houses facing the water. Front entries are typified by long front porches or small stoops with simple roof overhangs. (5) Informal and naturalist plantings with open front lawns chwacterize the landscaping and general feel of the lots. Perimeter hedging is used along side property lines to maintain privacy, but is generally not used in the front. In keeping with its name as the "place in the sun" most of the lots in the district feature swimming poole and patio decks in the rear yards. In the front yard, the open lawns are divided by straight or circular driveways comprised of varying types of textured surfaces or asphalt. Secs. 70.33 - 70.45. Reserved. CD70:22 I 70 -149 GULF STREAM CODE Sec. 70 -140. Typical native plants. Listed below are some of the native plants that are appropriate and presently found in the town: (1) Ground covers. (2) Shrubs. (3) Palms. (4) T-tes. Tall Sea Oa -Eye Daisy Borrichia arborescens Cocoplum Chrysobalanus icaco Firebush Hamelia patens Wax Myrtle Myrica cerifera Hobe Sound Dwarf Cocoplum Chrysobalanus icaco Hawaiian Beach Berry Scaevola frutescens Royal Palm Roystonea elate Paurotis Palm Acoelorrhaphe wrightii Sabal Palm Saba] palmetto Dahoon Holly Ilex cassine Sea Grape Coccoloba uvifera Satin Leaf Chrysophyllum oliviforme Pitch Apple Clusia roses, Live Oak Quercus virginiana Mahogany Swietenia mahagoni Gumbo Limbo Bursars simaraba Buttonwood Conocarpus erectus Kec. 70 -150. Other plants used in the town. (a) The following are examples of materials presently found in the town: (1) Ground covers. (2) 7hll shrubs. Chinese Taro Swardfern Laua'e, East Indian Wart Fern Peace Lily Dwarf Peace Lily Dwarf Confederate Jasmine Southern Wax Privet Oleander Kopsia Truk Island Beach Berry Hibiscus Sandankwa Viburnum Ficus rn�n•on Alocasia cuculata Nephrolepia exaltata Polypodium phymatodes Spathiphyllum clevelandi Spatbiphyllum 'Wallisii' Trachelospermum jasminvides'Min- ima' Ligustrum japonicum Nerium oleander Ochrosia parviflora Scaevola koenigii Hibiscus rose sinensis Viburnum suspensum Ficus app. (3) Shrubs. (4) Vnes. (5) Palms. (6) Dees. 670-166 Surinam Cherry Eugenia uniflora Gardenia Gardenia jasminoides Ixora Ixora'Singapore','Maui', Nora Grant, 'Super Ifmg' etc. Dwarf Oleander Nerium oleander Petite salmon' 'Ibbira Pittosporum tobira Crepe Jasmine Tabernaemontena divaricata Chalcaa Murraya panicalat. Brown Bud Allemande Bougainvrllea Monsters or Ceriman Confederate Jasmine European Fan Palm Areca Palm Coconut Palm Coconut Palm Senegal Date Palm Pigmy Date Palm Alexander Laurel or Kamani Satin Leaf Cattley Guava Pigeon Plum Allemsnda cathartica'Hendersonii' Bougairill spectabilis Monsters deliciosa Trachelospermum jasminoides Cbamaerops humi]is Chrysalidocarpus lutescens Cocoa nucifera "Malayan" Cocos nucifera ' Maypan" Phoenix reclinata Phoenix roebelenii Calophyllum inophyllum Chrysopbyllum oliviforme Psidium littorale Coccoloba diversifolia (b) Two excellent reference books are: (1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and Subtropic Landscape) by Frederic B. Stresau, F.A.S.LA (2) Florida Landscape Plants, Native and Exotic, revised edition, by John V. Watkins and Thomas J. Sheehan. Secs. 70. 151 - 70.165. Reserved. FJ��YIa)�i�e7 R11 IaM-i7:`ill wills 111, Y : :YYI : \III :. . Sec. 70 -166. Purpose; categories. (a) Residential lighting serves an essential function. It assists in crime prevention and safety for both pedestrians and vehicles, and enhances the aesthetic value of properties at night. This visual appeal is accentuated by the proper selection and placement of lights. (b) Private, outdoor lighting in the town is classified under the general categories: (1) Securitylsafety lighting. (2) Accent/landscape lighting. § 242 (4) (5) (6) GULF STREAM CODE Attend all town commission meetings and he shall have the right to take part in discussion but may not vote. Administer all laws, provisions of the char- ter and acts of the town commission sub- ject to enforcement by him or by officers subject to his supervision. Prepare and submit the annual budget and capital programs to the town commis- sion. (7) Submit to the town commission and make available to the public a complete report on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision.. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom. mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commis- sion. (12) The town manager shall represent the town before appointive officers of other governmental bodies except when the town commission shall have designated some other person to act. (Ord- No. 89 -8, § 1, 5.5 -89) Secs. 2- 43 -2 -55. Reserved. ARTICLE III. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2- 56 -2 -65. Reserved. Y DIVISION 2. CODE ENFORCEMENT Sec. 2 -66. Title. This division may be known 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. (e) The special magistrate shall preside over code enforcement matters scheduled to be heard from time to time. W 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) Sec. 2.68. Jurisdiction. (a) 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: Supp No 1 CD2:4 (1) Chapter 6, Animals; ADMMSTRATION (2) Chapter 10, Businesses, Professions and Occupations; (3) Chapter 18, 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 Places; and (9) Chapter 66, Zoning. (10) Chapter 70, Design Manual. (b) The jurisdiction of the special magistrate shall not be exclusive. Any alleged violation ofany 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, 6.5 -06) Sec. 2.69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager end responsible for the enforcement of such ordinances, hereinafter referred to as a "code enforcement officer," may initiate code enforcement proceedings and issue citations 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 violation 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 worm; 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 § 2.70 and request a hearing. The special magistrate shall schedule a hearing, and written notice of such bearing 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 he 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 a 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 bar rights to this hearing and pay the costs as determined by the special magistrate. A repeat violation is a violation of a provision of a code 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, safety, and welfare or if the violation is irrepara- ble or irreversible in nature, the code inspector shall make a reasonable effort to notify the viola- tor and may immediately notify the special mag- istrate and request a hearing. (Ord. No. 06 -02, § 1, 5 -6 -06) Sec. 2-70. Conduct of hearings. (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, Supp. No, 1 CD2:5 § 2 -70 OULf STREAM CODE or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repeti- tious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special magistrate may inquire of any witness who is testifying before him/her The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case (d) At the conclusion of the hearing, the spe- cial magistrate shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- ers, successors in interest, or assigns if the viola- tion concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -71. Powers. The special magistrate shall have the power to: (1) Adopt rules for the conduct of his/her meetings and hearings (2) Subpoena alleged violators and witnesses to his/her hearings. (3) Subpoena evidence as necessary for his/ her hearings,-including, but not limited to physical and documentary evidence such as records, surveys, plats and photo. graphs. (4) Take testimony under oath (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, such decision to be made at the hearing and reduced to writing and mailed to the respondents) within ten working days thereafter. (6) Establish and enforce fines pursuant to section 2 -72. (7) Authorize the town attorney to foreclose on liens imposed pursuant to section 2 -72 which remain unpaid after a period of three months. (8) Authorize the reduction of any fine he/she has imposed_ (Ord. No. 06 -02, § 1, 5 -5 -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 Supp No 1 CD2:6 AMMSTRA77w 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 finds 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 - tian, and shall not exceed $500.00 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 Mowing factors: (1) The gravity of the violation;, (2) Any actions taken by the violator to cor rect the violation; and (3) 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 a judgment is rendered in a suit to foreclose on a Hen filed pursuant to this section, whichever occurs fast. 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 seclaon. After three months from the filing of any 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 Supp No. 1 J 2 -75 may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 06 -02, § 1, 6 -5 -06) Sec. 2.73. Duration. No lien provided under this division shall con- tinue for a 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 attomey'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 contin- uation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded (Ord. No 06-02, § 1, 5.5 -06) Sea 2 -74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special magistrate to the circuit court of Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special magistrate. The appeal shall be tiled within 30 days of the execution of the order to be appealed. (Ord. No. 06 -02, § 1, 5.5 -06) Sec. 2.75. Notices. (a) All notices required by this section shall be Provided to the alleged violator by certified mail , return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with snyperson residing therein who is above 15 years of age and informing such person of the contents of the notice. CD2:7 § 2.75 GULF STREAM CODE (b) In addition to providing notice as set forth in this section, at the option of the special magis- trate, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once dur- ing each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm Beach County, Florida. The newspaper shall meet such requirements as are pre- scribed under FS ch. 50 for legal and official advertisements (2) Proof of publication shall be made as provided in F.S §§ 50 041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall . (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting, (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or post- ing as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord- No. 06 -02, § 1, 5 -5 -06) Sec. 2.76. Procedure to request that a fine or lien imposed pursuant to sec. tion 2-72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine has been imposed pursuant to section 2 -72 may apply to the special magistrate, through the town attorney or his/her designee, for a satisfac- tion of the fine with less than full payment thereof No such application shall be considered by the special magistrate until the applicant has first shown that: (1) All ad valorem property taxes, special assessments, town utility charges and other government- imposed liens against the sub. ject real property have been paid. (2) The applicant is not personally indebted to the town for any reason. (3) All town code violations have been cor- rected under necessary permits issued therefor (b) In considering an application to reduce a fine or lien imposed pursuant to section 2 -72, no satisfaction thereof shall be approved by the spe- cial magistrate with less than full payment thereof, unless the special magistrate shall make a spe. cific finding that no violation of any ordinance de- scribed in section 2 -68 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to section 2 -72 that is reduced by the special magistrate shall be paid on such terms as approved by the special magistrate, (d) If the property for which an application for a fine reduction is being considered is owned by a 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 law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from filing charges against any person, firm or corporation violating any town ordinance as provided by existing laws. This Supp No 1 CD2:8 AD@DNISTRATION § 2-80 division shall be construed to be supplemental (2) All money derived from this tax shall be and cumulative with any and all other remedies appropriated to the City of Delray Beach's available to the town and not exclusive. Firefighter Relief and Pension Fund to (Ord. No. 06 -02, § 1, 5 -5 -06) provide fire- rescue services pursuant to the InterlocalAgreement between the lhwn Sec. 2-78. Alternative code enforcement pro. of Gulf Stream and the City of Delray cedures. Beach. (Ord No 06 -08, § 1, 11- 17 -06) 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 for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, e 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 deft. nits term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. (Ord. No. 06 -02, § 1, 5.6 -06) ARTICLE IV. INSURANCE PREMIUMS Sec. 2.80. Property insurance premiums tax. (1) There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insur- ance as shown by the records of the State Department of Insurance, an excise tax in addition to any lawful license or excise tax now levied by the Town, in the amount of one and eighty -five hundredths (1.85) percent of the grass amount of receipts of Premiums from policyholders on all pre- miums collected on property insurance policies covering property within the cor- porate limits of the Town. In the case of multiple -peril policies with a single pre- mium for both the property and casualty coverages in such policies, seventy (70) percent of such premium shall be used as the basis for the one and eighty -five hun- dredths (1.85) percent tax. This excise tax sball be payable annually an March 1 of each year. Supp No 1 CD2:9 COMMISSIONERS 1DW R.ORTHWON.Mayor TNDMAS M STANLEY, Lea Muter MORIELI ANDERSON W GARAETT DERING RODERTW GANGER December 27, 2012 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Telephone (561) 276,5116 Fax (561)737 -0166 Town Manager WILLIAM H THRASHER Town Clark RiTA L TAYLOR Mr. Louis L. Roeder, Esquire 7414 Sparkling Lake Road Via Fax 866- 610 -6090 Orlando, Florida 32819 Re: 2520 Avenue An Soleil, Gulf Stream, FL 33483 Subject: Code Violation Letter, dated November 5, 2012 Dear Mr. Roeder, I am receipt of your email dated December 10, 2012 concerning the above referenced property address and subject. The following is the Town's response. 1. "Expired re- roofing permit 411- 135146. On November 5, 2012 a "Notice of Violations" was prepared for delivery to Mr. O'Hare. On November 10, 2012 that "Notice of Violations" was hand delivered and received by Mr. O'Hare. According to a written document received by the Town on December 11, 2012, from the Delray Beach Peimit Department the subject expired permit was renewed on November 14, 2012 which is shortly after Mr. O'Hare was in receipt of the Town's "Notice of Violations ". Therefore, the violation of an expired re- roofing permit no longer exists. 2. This item, as directly related to item 1, is therefore no longer in violation of the Town's Code. All other items listed on the November 5, 2012 "Notice of Violations" remain outstanding. The remaining outstanding violations are requested to be corrected by January 17, 2013. S7 cerely, 9A/y�� William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 01/18/2013 09:12 COMMISSIONERS 100 L DRTHWNN, PA W THOMAS M. FTANLM Yew Mry l MU8011.ANOE=N N4 GAARETTUENNG RamrW.GANGO 56 6252B January 17, 2013 GULF STREAM ,1 TOWN OF GULF ULF STREAM PALM BEACH COUNTY, FLORIDA Louis Roeder Attorney at Law p 7414 Sparkling Lake Road Via Fax 866 - 610 -6090 Orlando, FL 32819 Re: Christopher O'Hare; 2520 Avenue Au 5oleil Code Violation Letter, dated November 5, 2012 Dear Mr. Roeder: PAGE B1/B1 Telaphom (5811278 -9118 Fn (5811737.8188 Town Hangar WILLIAM H. THRASHER Tom Clark RITA L TAYLOR I am responding to your last email to me dated January 15, 2013. You askel that the Town clarify its request for items' 3-5. Inasmuch as the landscape materials recently planted an the front and side of the structure were installed without first obtaining a permit and a portion of the driveway was cut and removed, also without a permit, the Town is directing that the property be restored to the condition that existed prior to these unpermitted activities, The Town extends compliance to January 31, 2013. Respectfully, William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 561- 737 -0188 town of gulf stream 08:02:13am 02 -27 -2813 111 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMLSIONERS YflLUAN F. KDCH, JRMryor JOAN K DRTMN. Yee Mryor fREDaDEVOTI11 W.GARRE(TDEAIHG MuRIaJ ANDERSON February 26, 2013 Louis L. Roeder, Esquire 7414 Sparkling Lake Road Orlando, FL 32819 r.l �V Wepknna (561)zmS1ts Fai (5G1)rn•DI88 Town Manoyer WUJAM H. THRASHER Town Clerk RITALTAYLOR Fax 866- 610 -6090 Re: Request for Clarification.- "Code Violation Letter, dated November 5, 2012" dated January 22, 2013 Dear Mr. Roeder, These matters mentioned in your above referenced letter will be heard.Ibefore the Town of Gulf Stream Code Enforcement Special Magistrate on March 21, 2013 at 10:00 A.M. at the Town Hall Commission Chambers. William H. Thrasher cc: Attny.. John Randolph Rita Taylor, Twn. Clerk '100 SEA ROAD, GULF STREAM, FLORIDA 33483 Lara Donlon From: lou.roeder @gmail.com on behalf of Lou Roeder <lou @louroeder.com> Sent: Wednesday, May 15, 2013 11:45 AM To: Lara Donlon Subject: Fwd: 2520 Avenue Au Soleil - Gulf Stream, FL Louis Roeder 7414 Sparkling Lake Road Orlando, FL 32819 cell: 407 -758 -4194 CONFIDENTIALITY NOTE. This email message and any attachments may contain confidential, privileged and non- disclosable information. The information is intended only for the use of the individual or entity named on this email Ifyou are not the intended recipient, you are hereby not fed that any disclosure, copying. distribution, or the taking of any action in reliance on the contents of this email information, is strictlyprohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental transmission, please notify the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard copies. Thank you. - - - - -- Forwarded message --- - - - - -- From: Lou Roeder <lou(alouroeder.com> Date: Wed, May 15, 2013 at 11:01 AM Subject: Re: 2520 Avenue An Soleil - Gulf Stream, FL To: Rita Taylor <RTavlor(@,gulf- stream.org> Cc: Chris O'Hare <pi=,dna gmail.com >, Bill Thrasher <bthrasherna.eulf- stream.9M> Rita, Mr. O'Hare will be at 2520 Avenue Au Soleil at 1 PM today to meet with Mr. Thrasher for the scheduled re- inspection - for the purpose of verifying that the plants have been removed from the driveway per the Magistrate's decision yesterday. Once Mr. Thrasher's inspection is complete, could you please provide us with a Letter of Compliance? Also, could you let me know when a copy of the Magistrate's final order will be ready regarding the Fine Assessment Hearing yesterday? Thank you. Louis Roeder ATTORNEYATLAW 7414 Sparkling Lake Road Orlando, FL 32819 cell: 407 -758 -4194 CONFIDENTIALiTYNOTE: This email message and any attachments may contain confidential, privileged and non- disclosable information. The information is intended only for the use of the individual or entity named on this email. Ifyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on the contents of this email information, is strictly prohibited and that the documents should be returned to the sender immediately. ffyou have received this entail in error or by accidental transmission, please notes the sender by return entail immediately, delete all electronic copies of this email and all attachments and destroy all hard copies. Thank you. On Wed, May 15, 2013 at 9:59 AM, Rita Taylor <RTavlor ,eulf- stream.ore> wrote: Counselor: Mr. Thrasher will be there for the re- inspection as per your request. Rita From: Iou.roederCalamail.com [mallto:lou.roedenagmail.com] On Behalf Of Lou Roeder Sent: Tuesday, May 14, 2013 5:43 PM To: Rita Taylor Cc: Chris O'Hare Subject: 2520 Avenue Au Solell - Gulf Stream, FL Rita, This is to confirm our discussion this afternoon that Mr. O'Hare plants to have the plants removed from his driveway as ordered by the Magistrate by I PM tomorrow aftemoon. If you could please schedule a re- inspection at that time? And let me know? Thank you. Louis Roeder ATTORNEYAT LAW 7414 Sparkling Lake Road Orlando, FL 32819 cell: 407 -758 -4194 CONFiDENTiALiTYNOTE: This email message and any attachments may contain confidential, privileged and non- disclosable information. The information is intended only for the use ofthe individual or entity named on this entail. Ifyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this entail information, is strictly prohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental transmission, please notify the sender by return email immediately, delete all electronic copies oJ' this email and all attachments and destroy all hard copies. Thank you. Lara Donlon From: lou.roeder @gmail.com on behalf of Lou Roeder <lou @louroeder.com> Sent: Wednesday, May 22, 2013 4:40 PM To: Lara Donlon; Randolph, John C. Cc: John E. C @rter Old; Chris O'Hare Subject: Motion for Reconsideration as to Order of Special Magistrate dated May 14, 2013 Attachments: MotionReconsider __GSvsOHares_052213.pdf Please note the attached Motion for Reconsideration as to the Order of Special Magistrate, dated May 14, 2013. If you have any questions, please don't hesitate to give me a call. Respectfully, Louis Roeder ATTORNEYAT LAW 7414 Sparkling Lake Road Orlando, FL 31819 cell: 407- 758 -4194 CONFIDENTIALITY NOTE: This email message and any attachments may contain confidential, prNleged and non - disclosable information. The information is intended only jar the use of the individual or entity named on this email. Ifyou are not the intended recipient, you are hereby notified that am, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this email information, is strictly prohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental transmission, please nal f, the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard copies. Thank you. Louis Roeder 7414 Sparkling Lake Road Orlando, FL 31819 cell: 407 - 758 -4194 CONFIDENTIALITY NOTE: This email message and any attachments may contain confidential, privileged and non - disclosable information. The information is intended only for the use ofthe individual or entity named on this email. Ifyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of arty action in reliance on the contents of this email information, is strictlyprohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental transmission, please notes the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard copies. Thankyou. TOWN OF GULF STREAM, Petitioner, v. CI IRISTOPI IER O'IIARE and SHELLY O'HARE, Respondent �u v Case No, CE 1 -13 Re: Violation of Sections 58- 138(b), 70- 32(a), 70- 146(6) and 70 -150, of the Code of Ordinances of the Town of Gulf Stream, Address: 2520 Avenue Au Soleil Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 36 RESPONDENTS' MOTION FOR RECONSIDERATION, OR ALTERNATIVELY, MOTION FOR RE- HEARING AS TO ORDER OF SPECIAL. MAGISTRATE DATED MAY 14, 2013 CHRISTOPHER 014ARE and SHELLY O'HARE by and through their undersigned counsel hereby requests reconsideration or alternatively a re- Heating as to the Otdet entered ua May 14, 2013 by the Town of Gulf Stream's Special Magistrate and as grounds therefore states There was a Code Enforcement Hearing an March 21, 2013, after which the Special Magistrate issued an Order dated April 2, 2013. 2. There was a subsequent Fine Assessment Hearing on May 14, 2013, the purpose of which was to determine if the O'HARES had met the terms of the Special Magistrate's April 2, 2013 Order. Page I of 6 3 In its May 14, 2013 Order, the Special Magistrate of the Town of Gulf Stream states that site heard testimony presented at the [Fine Asscssmcntl Hearing of May 14, 2013. 4. The Special Magistrate made several findings about the May 14 Hearing which Respundent respet trully submits 1) were not supported by substantial competent evidence and 2) were not consistent with evidence submitted into the record of the March 21, 2012 Code Enforcement Hearing and 3) were not consistent with the Magistrate s own Order of April 2, 2013 5. At the March 21, 2013 Hearing the Town Manager admitted that "open front lawns" was not defined in the Town's Code, and then: was a complete absence of evidence to support the Special Magistrate's finding that "town has consistently interpreted 'open front lawns' to mean the homeand_front-dwd eine viewable from the street." In fact, the March 21 Hearing was the first time the Town's definition of "open front lawns" was revealed to the Respondent. Even alarming that the Special Magionite's application of the definition of "open front lawns' asserted by the Town at the March 21, 2013 Hearing was correct, both the photographic evidence placed into the record and the confirmation testimony of the Town Manger at the May 14 Hearing clearly show that the O'HARE'S "homo and front door" was'Mewable from the street" and, per the testimony of the Town Manager, met the definition of "open front lawns" as previously proffered by the Town as necessary to be in compliance with Suaiuns 70-146 wad 70 -32 of die Town Page 2 of 6 Code. To conclude otherwise would require a conclusion adverse to the un- refuted evidence given by the Respondent and the Town Manager. 7 Evidence from the May 14 Hearing included testimony from the Town Manager wherein he acknowledged his previous statement made to O'HARE at the'rown Manager's April 19 reinspection of the O'HARE property. at which time he agreed that O'HARE was in compliance with the "open front lawn" requirement of Sections 70 -146 and 70 -32 of the Town Code as a result of O'HA .E having removed plants from his driveway so that his "home and front door were viewable front the street." 8. With regard to the finding that "the O'HARE'S were provided proper notice orthe al lcged violations-by the Town of Gulf Stream" prior to the March 21 14cming in this case, the O'HARE'S offered substantial competent and un- refuted evidence at that hearing establishing the opposite. Despite evidence of multiple requests prior to the March 21 Hearing where the O'HARE'S sought an explanation and/or ciarifitetiun as to what actions . constituted a violation orthe Town's Code, the Town refused to provide at) explanation. The Town Manager reinforces the lack of notice by admitting that "open front lawns" is not defined in the Town Code - clearly contrary to the Special Magistrate's ruling on this point. This constitutes clear evidence of the denial of due process to the O'HARE's on the part of the Town of Gulf Strtstn. Page 3 of 6 9. In the Findings of Fact of the April 2 Order, the Special Magistrate clearly states "While both parties presented lestinioy and evidence regarding whelher a permit was required for huuG'capbng work. &.Vxmdent teas tint ciledLr violation o!a cede sectian relating ro failure to nbtain a permit. Accordingly, this order shall nn! he consented as a determination at hether the �n - eat should have obtained admuiistrativt review approval or apermil relating to the plantings cited in this case. " 10 Contrary to its oven Findings of Fact, the Special Magistrate ruled on April 2 that Respondents violated Sections 70-146 and 70-32 of the Code of Ordinances of the Town of Gulf Stream by ordering them to not only "remove the plantings in (their) driveway and other areas that block the vices arthe home" bug to also "return it to the preciously existing condition." I I Absent from the record of the March 21 hearing was any evidence to 1) establish what the "previously existing condition' of the O'HARE'S residence might have been, and 2) the point in time upon which the "previously existing condition" should be established (andfurther substantiated by the O'HARES at the ibfal,1d Hearing) 12. In light of the finding by the Special Magistrate's April 2 Order with respect to no permit being required, there was no basis for consideration of "what" event or requirement it was that triggered or established a pre- existing condition. 13 In addition. the Respondent presented un- refuted evidence at the March 21 Hearing showing that the Town's Code refers to the guidelines in Chapter 70 of the Code, Page 4 of 6 which include Sections 70-32 and 70-146, as "discretionary" design standards to be applied as part ofa project approval, or permit Since the Special Magistrate made no determination as to whether the O'HARES should have obtained any such approval, it follows that these discretionary design standards do not apply. 14. Regardless, the Special Magistrate allowed additional testimony from the Town at the May 14 Hearing as to the Town Managers "opinion" of what the "previously existing condition" of the O'Hare's residence might have been, which was without a properly based foundation nor notice to the O'HARES that the Code Enforcement Hearing of March 21 had been reopened. 15. Accordingly, because it was not possible to fairly determine what was meant by the phrase "previously existing condition," nor whether any "previously existing condition" was even applicable, and further because the record evidence of the May 14 Hearing clearly established that the O'HARES property conformed to the Town's unwritten definition of "open front lawns," It Is plainly unfair and would be unjustly punitive to require that the O'HAREs attempt to return their property to sonic ambiguous (and possibly) non - conforming condition. 16. Despite this, the O'HARES removed substantial amounts of plantings under the duress of the Special Magistrate's April 2 Order to assess fines against the O'HARES for each day the O'HARES did not comply with the Order. 17. Based upon the foregoing the undersigned respectfully submits that justice requires the Special Magistrate to reconsider the Orders entered on April 2. 2013 and May 14, 2013 and conform the Orders to the evidence presented, or in the Page 5 of 6 alternative that the above referenced Orders be stayed pending a Re- Hearing to be conducted by the Special Magistrate on this matter addressing the issues raised in the instant Motion. is Respondent further requests that the Special Magistrate make a formal determination regarding Respondent's Motion for Reconsideration previously filed on April 19, 2013, and Respondent's Motion for Sanctions, previously filed on May 13, 2013. WHEREFURE based upon the foregoing, the Respondents, CHRIS UPHER U'HARE and SHELLY O'HARE request that the Special Magistrate enter an Order granting the above requested relief Datcd: May 27-1 2013. r Lo is Roeder, Counsel for Respondents CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Motion was sent by email to. John C Randolph (jrandolphQo ionesfoster.com , 505 South Flagler Dr., Ste, 1100, West Palm Beach, FL, 33401 and Lara Donlon (donlon(Wtorchivialaw com), 701 Northport Pkwy., Ste. 209, West Palm Beach, FL 33407 on this the2— day of May, 2013. Lo Ys Roeder Page 6 of 6 TOWN OF GULF STREAM, Petitioner, V. CHRISTOPHER O'HARE and SHELLY O'HARE, Respondent. Case No. CE 1 -13 Re Violation of Sections 58- 138(b), 70- 32(a), 70- 146(6) and 70 -150, of the Code of Ordinances of the Town of Gulf Stream, Address: 2520 Avenue Au SoleiI Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 36 REPLY TO PETITIONER'S RESPONSE TO MOTION FOR RECONSIDERATION COME NOW CHRISTOPHER O'HARE and SHELLY O'HARE ( "O'HARES ") by and through their undersigned counsel and file this Reply to the TOWN OF GULF STREAM'S ( "TOWN") Response to their Motion for Reconsideration and state; In its Response to O'Hare's Motion, The Town states that a Motion for reconsideration or for rehearing should not be issued to consider the facts of the case, but should only be granted in the event of an error in the findings and riling of the Magistrate. O'Hares' agree with this accurate statement of applicable Florida law. Page 1 of 2 However, Respondents respectfully submit that the record shows that the Special Magistrate made findings which were not swooned by substantial competent evidence. In fact, the record in this proceeding reflects that no credible evidence was submitted to suppon the Town's assertion that it had consistently interpreted and applied its previously undisclosed "(Wit jr(ott lawns "lilmus test in the Place Au Soleil District. 3. The Town merely proffered the testimony of William Thrasher to support a peripheral and disingenuous claim that homos with "closed front lawns" had been "grandfathered in" prior to the changes in the Town's code. 4. When given the opportunity to do so, O'HARE'S will unequivocally show that Thrasher's and Minor's testimony was false and known to be false when it was given on April 2, 2013. Sec attached comf osttc Erhibii "/ ". However, even accepting this as true, the testimony does not constitute evidence that the Town had consistently interpreted and applied its "open front lawns" test in the Place All Soleil District. 5. Predicated on these unsupported findings, the Special Magistrate ruled that Respondents violated Sections 70 -146 and 70 -32 of the Code of Ordinances of the Town of Gulf Stream. 6. Based on this ruling the Special Magistrate ordered O'HARES' to 1) remove the plantings in [their] driveway and uther areas that block the view of the home and 2) return the subject property to its "previously existing condition." Notwithstanding their sincere challenge to this ruling, the O'Hare's voluntarily complied with the Special Magistrate's first directive and removed all of the Page 2 of 4 accused plantings from their property. (This is not a contested issue as acknowledged by William Thrasher -see aaached comlwilie Exhibit "2 8. As to the second directive, the O'HARE'S have been unable to voluntarily comply That is because it cannot be ascertained what is meant by the phrase "previously existing condition" nor what would be expected for them to reasonably return the property to that unknown condition. In fact, there isn't even a basis for ascertaining a point in time for establishing when the unknown "previously existing condition" existed. 9 In addition to the grounds outlined above, which the O'HARE•'S respectfully submit requires the Special Magistrate to reconsider and vacate its ruling, the second remedial directive is fundamentally unconstitutional and unenforceable due to its vagueness. 10 Lastly, and equally compelling is the fact that no reasonable connection exists between the second remedial directive and the Special Magistrate's findings, even if assuming they were entirely supported by competent evidence, which again they were not. WHEREFORE the undersigned respectfully submits that justice requires the Special Magistrate to reconsider its Order entered on April 2, 2013 and grant the relief requested in Respondent's pending motion. Datcd. Mayes, 2013 Respectfully submitted, Lows Roeder, Counsel for Respondents Page 3 of 4 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a copy of this Motion was sent by email to: "••'• on this the day of May, 2013. J l Louis Roeder Page 4 of 4 EXHIBIT 111" ZIV �::• t...E:73'..;�.�y. gip.... ._ -�• _c ar Moak 2584 Avenue Au Soleil (north side) 2013 1995 mm a" Goo ,Ammmw-mw5RmMh, gle 4 &• A r. ,4A, t it"sN; •. �• - -� ,.� �' � � III ���d 7i.. 4 t. it I �AIP _ l- _ . 950INDIG0 P! 2013 RIII 1995 .:.. a Y � • ��. l ,�,��; �• y "/P .�' �� . y � ', � � � � � �� �.- �T -, ,' ,- 830 Tangerine Way 2013 1995 Goo EXHIBIT 112" AFFIDAVIT Slate of Florida County of Palm Beach I, Rodrigo Tedera, being duty sworn, do herby state under oath and under penalty of perjury that the following facts are true 1 I am over tho age of 16 and am a resident d the State of Florida with my permanent residence at the address listed below 2. 1 have personal knowledge of the lads outlined herein, end, 9 =W as a wrilnass, mild testify competently thereto. 3. On Friday, April 19, 2019, at about 10:30 am, Christopher O'Hare and I met with the Gulf Stream Town Manager, Mi. William Thrasher, in the north side driveway to O'Hare s home at 2520 Avenue Au Sdeii, Gulf Stream, Florida 33484 4 II was my understanding that Mr Thrasher and Mr. O'Hare were meeting these so that Mr. Thrasher, on behalf of the Town of Gull Stream, could inspect the home for code compliance, as requested by Mr O'Hare per the specific terms of the recent order of the Special Magistrate, dated April 2. 2013 5 Immediately upon Mr Thrasher's arrival, Mr O'Hare asked him t he, Mr Thrasher, now found Mr. O'Hare's home to be in compliance with the Town Code Mr Thrasher responded by saying. 'Let me first look around ' Mr Thrasher then proceeded to walk south along the driveway for the full length of the east side of the property At no time did Mr Thrasher walk into the street to view fhe house. 6 Mr O'Hare and I met Mr Thrasher midway in the driveway as Mr thrasher returned to the north side of the property Mr O'Hare again asked Mr. Thrasher if the property was in co npliance Mr. Thrasher said ,'No' Mr O'Hare then asked why not, since the house and front door were dearly visible from many platys in the street and had an 'open front lawn' as defined during The recent code enforcement hearing. Mr. Thrasher responded by saying that he agreed the house and front door were visible from the street However, Mr Thrasher then showed Mr O'Hare and me a photo of the properly and staled that because the property was not restored to the previous condition as shown in the photo. he considered the property to be in non- compliance with the Magistrates order The photo appeared to be reproduced from images faxed on Google's Street View and showed the property as it existed years ago when it belonged to the previous owner 7 Neither Mr O'Hare or i responded to Mr i hrasher's comments Mi O'Hare then thanked Mr Thrasher for meeting with us a Mr Thrasher then left y90 A/w2oih Sf AIri Afrl Shelf Address Aoc-.* /LA-rw Ft- 33Y3( COY Slate zip Page 1 of 2 Notary of Tejera Affidavil ro. Incident of April 10. 2013 State of Florida County of Palm Beach Sworn to (armed) and subscribed before me Us� day of April. 2013, by Rodrigo Tejera. 2 personalty known to me or ❑ having presented as idenliliicalion. 06" CV 1V (IM Tw" (Signabae of Nolary Public. State of Florida) Commission No. M ggM-v `Ti/70 L. /Y1AXt)Ii) ( Print. type or stamp commissioned name of Notary Public) Page 2 of 2 TNAL WVTfMJ wy Cp1a1ma i OD"L55D EXPIRES. JA 10, 2014 ! -om TVY& -W M1s75nv1 p„ Page 2 of 2 M b m' N u `d 9 d O N v F E m m tl 5 a 0 m m c m m 0 N u� N V V AFFIDAVIT Slate of Florida County of Palm Beach I, Christopher O11are, being duly swan, do herby state under oath and under penalty of pequry that the following !acts are true. 1. I am over the age of 18 and am a resident of the State of Florida with my permanent residence at ft address fisted below 2. 1 have personal knowledge of the facts outlined herein. and. ff called as a wiliness, could lastly competently thereto. 3. On Friday, April 19, 2013, al about 10:30 am, Rodrigo Tejera and I met with the Gulf Stream Term Manager, Mr William Thrasher, in the nett side driveway to my home at 2520 Avenue Au Soled, Gulf Stream, Florida 33484 4 It was my understanding that Mr Thrasher and I were meeting there so that Mr. Thrasher, on behall of the Town of Gulf Steam, could inspect my home for code compliance, at my request and per the specific terns of the recent order of the Special Magistrato, dated April 2. 2013 5 Immediately Upon Mr. Thrasher's arrival, I asked him if he now found my hone to be in compliance with the Town Code Mf. Thrasher responded by sayinq. 'Let me first look around ' Mr. Thrasher then proceeded to walk south along the driveway for the full length of the east side of he property At no time did Mr. Thrasher walk into the street to view the house. 5 Mr Tejera and I met Mt. Thrasher midway In the driveway as Mr Thrasher returned to me rhorth side of the property I again asked Mr Thrasher if the property was in compliance. Mr. Thrasher said, 'No.' I then asked why Trot, since the house and from door were Beady visible from many places in the street and had an 'open front lawn' as de0ned during the recent code enforcement hearing, Mr Thrasher responded by saying [hat he agreed the house and front door were visible from the street However, Mr Thrasher then showed Mf Tejera and me a photo of the property, and stated that because the property was not restored to the previous condition as evidenced in the photo, he considered the properly to be in noncompliance with the Magistrate's order. The photo appeared lo be reproduced from images found on Google Street Yew and showed the property as it existed years ago when it belonged to the previous owner 7. Neither Mr. Tejera nor I responded to Mr. Thrashers comments. I thanked Mr. Thrasher for meeting us. 8 Mr. Thrasher then tell. Execuled this day of April, 2013. Si9 C i of l Ptinr Nd mit 2520 A4prs, AO sVLVG Street Address GuF Pt- 3"b coy slate zip Page 1 of 2 Notary of O'Hare Affidavit re: Incidrnl of April t9, 2013 State of Florida County of Palm Beach Sworn to (a a ) and subscribed before me tNsc day of Apr 1, 21113, by Christopher O'Hare, personally known tome or ❑ having presented ` has Identification. (Signature of Notary Puublic, Slate of Florida) Commission No. — //7F1 L . (Print, type or stamp commissioned name of Notary Public) .Pt's TWALIORM • . wetwussanr000>asm �? E%PIAES: Jvy 10, 2015 y +hprtµ 6mignnA,dpl rloh�SNCw Page 2 of 2 v E m a b N m v 0 N A d C d N O N 1!) N V rJ d O TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 12, 2015 Pau hagen [mail to: hagenp.waterstop @gmail.com] Re: GS #1733 (GS #1010 (donlon record request - r & a)) All records related to any review and analysis by Lara Donlon in 2013 as referenced in the public record published on the Town's website and identified as Glen 06106113. Dear Pau hagen [mail to: haeenn.waterstopna,email.coml, The Town of Gulf Stream received your public records requests on January 20, 2015. You should be able to view your original requests at the following link http://www2.eulf- stream. ore/ weblink/O /doc /34814/Pasel.asiix. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive document can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records