The URL can be used to link to this page

Home My Public Portal AboutNot. of Violation and PicsCOMMISSIONERS JOAN R. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNAS. WHITE February 12, 2014 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA F �i ♦4 NOTICE OF VIOLATION Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. O'Hare: Telephone (561)276.5116 Fax (561)737 -G1aa Tom Manager WILLIAM H. THRASHER Hand Delivery Article '#180 Tom Clark RITA L TAYLOR It has come to our attention that a boat registered to you bearing registration number FL 6948 RX has been anchored within the Municipal Limits of Gulf Stream in a cove known as Polo Cove. Section 38 -72 provides that no boat or vessel shall be moored or anchored within the Town for a longer period than 24 hours in any consecutive 30 day period. Inasmuch as this boat was anchored in the above stated location at approximately 4:00 P.M. on February 10, 2014, it is now in violation of Section 38 -72 of the Town of Gulf Stream Code of Ordinances, a copy of which is attached for your reference. This is to be considered official notice to correct this violation within twenty four (24) hours of delivery and /or posting of this notice. Failing to comply with this order shall result in an appearance before the Special Magistrate and further action as provided in Chapter 2, Division 2 of the Code of Ordinances, a copy of which is also enclosed. Sincerely, Wli m H. Th% Town Manager Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 �� m; ! Q' ! F ; �m r`` �:; CO - 2 :m _> m !q:� ` >` mm ) G ; � 0, �� \)2� ; �� a-n j> c k \ /j0 0 % ] � /} ()��\ { $ \ \ �� / � ��k ` X27 � *; \_\ j 3 2�� " f e:�� () a k�� `( &� �� \ 2 ($� kd� ( \]o) \/ 0 a0a aK,0 k m2 � _� q ) �� ) /��2 5 \ { \ //) % � ] �� / /k / ��!� ;( \ } � z m ek � m ��- m LA -2| EEeo / \ j ��A \\)( 7 \ m /!$��/ [> - \ ] )] ! 0 \k - OoEk � _ � ; ee:� ) ;0 �m �% m "M v 3: ��\\ M \m 0 ��m �� 3544 GULF STREAM CODE that all lighting shall be positioned or shielded so that the light is not a visible source from the beach during the night period from April 1 to October 31 of each year. (Code 1978, § 5- 13(b)) Sec. 38 -45. Town and Florida Poker and Light owned lighting. The town and Florida Power and Light owned street lights and lighting at parks and any town owned beach access areas shall be subject to the following: (1) Whenever possible, street lights shall be located so that the bulk of their illumina- tinn will travel away from the beach. Such lights shall be equipped with shades or shields that will, to the extent practical, prevent back lighting and render such lights not visible from the beach. (2) Lights at parks or other public beach access point; shall be properly positioned or shielded; or, to the extent same are determined by the town not to be neces- sary for public safety purposes, shall not be utilized during the period April 1 to October 31 of each year. (Code 1978, § 8- 13(c)) Sec. 38 -46. Future oceanfront development. For future oceanfront development, the town shall review proposed plans and strongly encour- age the applicant to insure that artificial light sources are positioned or shielded so as not to illuminate any area of the beach which may be used for sea turtle nesting and hatchlings. (Code 1978, F 8- 13(dii Sec. 3 8-47. Beach cleaning. The town strongly encourages that all mechan- ical beach cleaning activities designed to remove debris from the beach be conducted so as not to damage, alter, or destroy- sea turtle nests or hatchline . If complaints are received and the town has probable cause to suspect that mechan- ical beach cleaning activities are damaging, alter- ing or destroying sea turtle nests or hatchlings, the town shall promptly notify the Florida Depart- meat of Natural Resources or other appropriate state or federal recwlatory agencies for nppropri- ate enforcement actions. (Code 1978, § 8- 13(e)) Secs. 38-48-38.70. Reserved. ARTICLE M. WATERCRAFT' Sec. 38 -71. Use as residence. No boat or vessel shall be used or maintained within the town as n place of residence or for sleeping or living purposes. For purposes of this section, a "place of residence or for sleeping or living purposes" shall mean the occupation of a vessel for a period greater than 24 consecutive hours. (Code 1978, § 8 -21) Sec. 38.72, Anchoring or mooring. No boat or vessel shall be moored or anchored within the town for a longer period than 24 hours in any consecutive 30 -day- period. This section shall not apply to the permanent docking of boats or vessels to piers which are accessory uses to residential dwelling units within the town if the vessel is owned by the owner of the residential dwelling unit of which the pier is an accessory- use or such vessel is owned by a guest of the owner of the residential dwelling unit and accessory dock facility to which the vessel is attached. (Code 1978, § 8 -231 Editor's onto- - Ordinance ilo. 035. § 1. adopted October 10. 2003. mr.ated § 3542. Formerly, such section pertained to permit far docking and derived from § 8 -22 ofthe 1978 Code. Subsequently. § 2 of same ordinance renumbered § 35.73 0= § 3e -- -72. Sec. 3 &73. Maintenance restrictions. It shall be unlawful for the owner of any boat within the waters of the town, or any person under his supervision and direction, to perform any heavy maintenance on such boat within the town other than the normal day -to -day mainte- nance required to maintain such vessel and any *Crass references — Marine facilities, structures and places, ch. 52: marinas. § 6251 el seq. State law reference — essnl safety, F.S. ch. 327. CD38:4 31. 327.60 f.s. Abstract: (f) Regulating the anchoring of vessels other than live - aboard vessels Score: 95.73% outside the marked boundaries of mooring fields permitted as provided in s. (3) Nothing in this section shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulations which prohibit or restrict the mooring or anchoring of floating structures or live- aboard vessels within their jurisdictions or of any vessels within the marked boundaries of mooring fields ... IS4 \I CODE 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. Ic) 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. (f) 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) State law reference—Special magistrates. F.S. § 162.03. -State law reference --Code enforcement. F.S. ch. 162. D2:4 ADS1L\ISItLLTIO\ See. 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: $l) Chapter 6, Animals; (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 raeilitics, Structures and Places; and (9) Chapter 66, Zoning. (10) Chapter 70, Design Manual. (b) The jurisdiction of the special mngistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in the court at the option of the administrative official bearing rc- spunsibility for enforcement of that respective code or ordinance. )Ord. No. 06 -02, § 1, 5.5 -06) Sec. 2.69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager and 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- 2aa tors, law enforcement officers, public works 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 and request a hearing. The special magistrate shall schedule a hearing, and written notice of such hearing 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 fur correction by the code inspector, the case may be 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 nntify 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 notifv 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 violntion 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 her rights to this hearing and pay the costs as determined by the special magistrate. Arepeat violation is a violation of a provision of a erode 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, CD2:5 ADMITS" TRATION (6) Authorize the reduction of any fine he/she has imposed. IOrd. No. 06.02, § 1, 5 -5 -06) State law reference—Similar pro%isio�. F.S. § 162.0s. 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 been made as provided in this section, n 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), bolow. (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first viola- tion, 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, it any, the special magistrate shall consider the following factors: (1) The gravity of the violation; § 2 -T3 (2) Any actions taken by the violator to cor- rect the violation; and (31 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 lien filed pursuant to this section, whichever occurs first. 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 section. After three months from the filingafany 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 may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 06.02, § 1, 5.5 -06) State law rerereace—Similar prmisions, F.S. § 162.09. Sec. 2 -73. Duration. No hen 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 an a lien, the prevailing party is entitled to recover all costs, including a reasonable attor- ney'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 continuation of the lien effected by the commence- ment of the action shall not be good against CD2:7 ADNIMSTt1ATiON , 2.50 cial magistrate with less than Full payment thereof, nite term of imprisonment not to exceed 60 days, unless the special magistrate shall make a spe- in a municipal detention facility or other facility cific finding that no tiolation of any ordinance as authorized by law. described m section 2.68 of this Code exists on (Ord. No. 06 -02, § 1, 5 -5.06) 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. f Ord. No. 06.02, § 1,5-5-06) See. 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 dhision shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. (Ord. No. 06.02, § 1, 5 -5 -06) Stn(e law relerence—Similnr pmeislons. FS. ¢ 162.011 Sec. 2 -78. Alternative code enforcement pro- cedures. 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 P.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordi- nance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a defi- CD2 Om T D z ❑ m {nj O 2 m Z< i. m Ax O m m mo O� 03 DA mp N ' N fm]D m 0 m mm o 2m Z 20 zm <m mm Co rn— a m ° v< m ° O r A ° Dm -00 C-1j ;u ra CD z >m m m O v v o cn ° 1n3 m d y m0 z z m m m� 0� m� o m D-D1 m 0 ~ -mi �Z m•Dy a 0 VV c� m ° m < p r. _ CD m Z O n ~ C11 y -zi i cii Q °0 m D 1 T (D O m mo 0 m 3 p 3 3 m r��a = No A m o 3 P mC ° m N v< w r M Om m m 0 0 • 0 0 o �w Q, zD Om 0 3 0 n 3 m O� w O A m n zO Q N M < z m ? m m 'm c m m a rn m z m 3 3 m a m m a m m o mZ < y °'m m mN m m m <_ F% r m Oo o m�ii11 m °m m m N n-1 z� D V l z �TN�T11 D m z�< y 0 3N i m H mN O y A N -f ��;io1 to m p D0 o m m 0 G) a 0 0 G) 0 0 p 3-11 r 0 (zj Z p z O m C A m C m m m m z m fail D OK m m m r m m r N < m D ° fA N y N N N N N O m N m O m 3 m A m —{ m y n N m rn rn u O 0 m o 3 3 x 0 N —0 _ M m m m n 0 m O (n O m a a X o m A . r m m i N m m O m rt `1�-h 1 [n N m a m c! (n ` N t y O rf m = r r o m 3 N M C N m oN a O C N D m m ° G) 3 7 m m W 0D "mm0� O No m g m 0 m rt0 mOSEO ' < i m z DmC:z N m a m <m 1m c 0 m 'mv 0 m r �i mm I < H 00 ;u m !- 0 z v m 1 r C7 o W m - N 000-4 t,M-VI m (� z N '1 > O 1n 1n N aT m m m m m m m m m m pCi a m 2 L m 1n v`.v o =..,v = �z mm� m3m ®❑ �i m NO z �0 mz O m �o m o m '`o w° °m m3 z m wm mm z_ m z m 0 m mF„ ° m -zi �z a7 ; g §m , \q//m 2 ) / \\ ` q|//�° ( ( }j 7-1 £@ � °�� m m ƒ ) §! _} ) \ §�0 ƒ Z ) /® } §\ ( / M §/) \ { § o § 2 » §£§ , i /\ X =0* 2 m�2 0 ) ] ; M Q!/ / / Q §(\ !! #� (! _ / §G! _ \ ell (`GM\ \ \\ \ i 2$[ - - |2§ - | \ %o _ � \ §§0 § §j( \\ k ) w ®`~ \ �)!_ § , § § /`\ ) ( \ §\ \ \ a($: k % m \ z�) \ / ( -4 , §0> �w5 MR., -_ . 2„ _ /)) - 2 §%; i \.mom k5{ m 3 7. zoEƒ2] § )2 j e; , � } �� j m $ Z ? i § § §� ) ( \ \k \\ - EEO k 2§ n o=,� }} ® \k 2 §5 `§ ƒ.c ,| �2§ . e ` :e ; ? M- Fi ! Article Addressed To: Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, FL 33483 Signature of essee or r.-I S g mture Article No. 180 Date Delivered: C) CD cis cn cl) CD ti P. { t � ts I a O O - y cn N m o x+ C7 v C-) .r _ { t � ts I a ��'�� ;: r ��, C Y F Y d �� p it i