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
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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.
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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
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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
,�,��;
�•
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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
!
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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
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Ptinr Nd mit
2520 A4prs, AO sVLVG
Street Address
GuF Pt- 3"b
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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
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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