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Home My Public Portal About06/24/2003 * Case #CE-3-03 * RowanTOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE O ON- COMPLIANCE (circle one) �� CASE NO. CE -3 -03 DATE: June 24, 2003 LOCATION OF VIOLATION: Gulf Stream, Florida 33483 I, William Thrasher , have personally examined the property described above and (Town Official/Inspector) Find that said property i (NOT (NOW) in compliance with Section(s) 66 -101 of the Code of the Town of Gulf Stream as of the 23rd day of June , 20 03 L,t�L Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 24th day of .Ti ina .2003 by William Thrasher Town Official/Inspector, who is ersonally known to me r who has produced a Florida driver's license as identification who did/ id ake an oath. IKW(SEAL) . TAYLpR Fehrun n +lU lµ:,l' r NOTARY PUBLIC L ?IMN� �r,��,n� State of Florida TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH June 24, 2003 Michael and Susan Rowan 935 Emerald Row Gulf Stream, Florida 33483 Dear Mr. & Mrs. Rowan Telephone (561) 276-5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR We are enclosing an Affidavit of Non - Compliance covering code violations at the aboved address, cited under Case #CE -3 -03. The violations were the construction of a dock and boat lift on your property without applying for a building permit as provided in Section 66 -101 of the Gulf Stream Code of Ordinances. At the hearing held on June 23, 200 y9yuaere fr, m d in non- cnmpli once but no fines were assessed since you had partially corrected the violation by removing the boat lift. However, the Special Master, Paulette Torcivia, ordered the remainder of the violation be corrected by July 3, 2003 by either removing the dock or applying for a building permit to construct it as provided in the Code of Ordinances of the Town of Gulf Stream. She further ordered that if you do not comply within the time specified, a fine of two hundred fifty dollars ($250.00) per day shall be assessed for each day the violation continues to exist. Very tru ly�urs, ita L. Taylor Town Clerk (/ Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Law Offices Glen J. Torcivia and Associates, P.A. Northpoint Corporate Center 701 Northpoint Parkway Suite 209 West Palm Beach, Florida 33407 -1950 Glen J. Torcivia * Paulette Torcivia Lara Donlon ** *Also admitted in New York ** Also admitted in Georgia June 23, 2UU3 Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Code Enforcement Hearing June 23, 2003 Dear Rita: Telephone (561) 686 -8700 Telefax (561) 686 -8764 Email: Glen@torcivialaw.com Enclosed please find the Order for the Code Enforcement Hearing that was held on Monday, June 23, 2003. If you have any questions, please feel free to contact me. Sincerely, Paulette Torcivia PT:dm enclosures CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, v ORDER FINDING VIOLATION Case No. CE -3 -03 MICHAEL and SUSAN ROWAN, Respondents. Re: Violation of Section 66 -101 of the Code of Ordinances of the Town of Gulf Stream. Address: 935 Emerald Row Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 62 The Special Master appointed by the Town Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 23rd day of June, 2003, and based on the evidence and testimonypresented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondents, Michael and Susan Rowan, were not present at the hearing, however, there was a finding of proper notice. 2. The Town Manager, William Thrasher, testified to and introduced photographs of the violation. CONCLUSIONS OF LAW Respondents are in violation of Section 66 -101 of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Master that Respondents, Michael and Susan Rowan, shall comply with Section 66 -101 of the Code of Ordinances of the Town of Gulf Stream by the 3rd day of July, 2003. If Respondents do not comply within the time specified, a fine of two hundred fifty dollars ($250.00) per day shall be assessed for each day the violation continues to exist. A certified copy of this Order shall be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 23d day of June, 2003. TOWN OF GULF STRE CODE ENFORCEMENT BY: Special Master Code Violation Hearing June 23, 2003 page 1 MINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON MONDAY, JUNE 23, 2003 AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. The Special Master administered the Oath to Town Manager Thrasher and Town Clerk Taylor. Special Master Paulette Torcivia announced that the case being heard is Case No. CE -3- 03, addressing a code violation at 935 Emerald Row, Lot 62 Place Au Soleil Subdivision, Gulf Stream, Florida that is owned by Michael & Susan Rowan. She announced for the record that the respondents were not present. Attorney Torcivia asked the Petitioner, Town of Gulf Stream, to present the facts of this case. Town Manager Thrasher, for the Town of Gulf Stream, presented a copy of the Statement of Violation and Notice of Hearing, six pages which includes a signed receipt and police report stating that this was delivered on June 19, 2003 at 11:20 A.M. to Michael Rowan by Officer Ginsberg. Attorney Torcivia noted that there was no Return Receipt from the U.S. Postal Service even though there is a stub showing the mailing date as 6 -6 -03. The Town Clerk explained that the Rowan's are out of the country much of the time but that their mail is either forwarded or handled by others locally as evidenced by the fact that their water bills get paid and they are sent to the local address. She further explained that --- uertortozeceipt-bEirrg re�niv-ed, she Leff a message on tEeir voice mail on June-T7, 2003 ---- - - - - -- advising that they should call her at once regarding the Hearing being held on June 23, 2003. Mr. Rowland returned the call on June 19, 2003 and the notice was hand delivered to him, in Gulf Stream, immediately. The Special Master ruled that proper notice had been given and marked the document(s) as Exhibit #1 for the Town of Gulf Stream. The violation described in Exhibit #1 is that a boat lift has been installed without a permit being applied for in violation of Section 66 -101 which provides no structure shall be constructed prior to issuance of a building permit by the planning and building administrator. Attorney Torcivia asked if there is a verification of ownership from the property appraiser. The Town Manager presented the requested document and the Special Master marked it as Exhibit #2 for the Town of Gulf Stream. Mr. Thrasher next presented the Notice of Violation with two photos of the violation, the return receipt signed by Michael Rowan and postmarked February 20, 2003 and a copy of a courtesy notice of violation that was sent on November 8, 2002. The Town Manager pointed out the hand written note on the Notice of Violation wherein Mr. Rowan stated he was selecting a contractor from the list furnished by the Town Hall and expected the Code Violation Hearing June 23, 2003 page 2 work to correct the violations would commence within 7 days from March 4, 2003. These five pages were accepted and marked as Exhibit #3 for the Town of Gulf Stream. When asked by the Special Master what was being recommended, Town Manager Thrasher replied that the Town would like entered, an order of non - compliance with a deadline of July 3, 2003 to either remove the structures or apply for a building permit to construct them as provided by the Code of Ordinances of the Town of Gulf Stream, with a fine of $250.00 per day to be assessed after July 3, 2003 until the violations are corrected. FINDINGS: Special Master Torcivia found there is a violation in this case and stated that Mr. Rowan is to comply by July 3, 2003. Failing to do so will result in a fine of $250.00 per day for each day the violation continues. This concluded the hearing of Case No. CE 3 -03 and the Special Master adjourned the hearing at 10:20 A.M. Rita L. Taylor, TownQ Jerk CODE VIOLATION HEARING BEING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON MONDAY, JUNE 23, 2003 AT 10 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGF.NIJA I. Call to Order. II. Case No. CE 2 -03; David & Heath Taylor, 920 Indigo Point Installation of a boat lift in violation of Sec. 66- 369(6) III. Case No. CE 3 -03; Michael & Susan Rowan, 935 Emerald Row Construction of a boat lift without first obtaining a permit from the building administrator, a violatiory of Sec. 66 -101. IV. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL 14ASTER WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY 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 CfiTiklED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Providec r-1 O F F 1 C 1 A, L U S E t+1 Postage S `- �.' 63 O O 0 Certified Fee 2.30 Return Receipt Fee 1.75 Posbnwk H� (EndorsemazR Required) cO Restricted Delivery Fee C3 (Endorsement Required) ru Total Postage & Fees $ 4.65 O o Sent To M1 Michael & Susan Rowan Street, Apo Na; or Po6er Na 935 Emerald Row ciryw4 Gulf Stream, FL 33483 iELL•W-Za•56SZal — (aelenaa) MZlPdB'0ae1` uuad Sd 'Allnbul ue BuIXLw uagm 11 luesaid pue Idiona1 slyl aneS+lNtl1HOdWl 'I!ew pue a6elsod LIM lags! x!ae pUe 4oelep�'Pepssu IOU S1 ldlooai idly PO lMPSO 041 UO tl wlsod a 11 6Uj3mwlsoc7 iol ao14a fsod eyl Is elo 4 I PeilSsP s! idlao IIeW Pa!SPeO a41 uo 4mwisod a it ■ e43 43!m eaald!ewa ✓UaAIRG Paloulsey, luawas,Opua 'o eassa 411Pew �o lPalo eyl OS!npy lua6e pazuoylne s,sassaippe ppe ayl of paloulsal eq Aew Aianyop 'eat ieuon!ppe ue 10j ■ sl ld!aoai IIeW P0111PaO'nOA uo *mUgsOd SdSfl O'ld!eoei wnlal el'PPpulnp Jg Jen!em eat a en!aoa� of •„ Pelsenbad ldlaoey wMaH. ejdl!ew ssiopu3 •sal 041 mAW M 96elsod olgeopdde ppe pue 0101Pe eyl of (LIRE wwj Sd) ld,wEi wnla!j a yaenu pue alaldwoo essald'eowas Jdlj O H wn1aH u!elgo ol'A'an!lop 10 loved epinoid of palsanbw eq Aeve idpoay wMed a 'ea)1eu qo of - ue xid ■ god Ile Pri Paials!6eH w oo Jo pnsul lap!su aseald'salgenlen W Pa11!Po0 4Pm O301AOHd SI 3Otlli3A00 30NvunSN1 ON ■ 'IWUU leuo!lewefu! 10 sselo Am ml algellene fou s I!eW pa5!Pa0 ■ l!eW /4POUd JO peal sselcmmu Lmm pewgwoo eq AINO Aew IIeW Pea1Po0 ■ :sJepulwall lueyndwl s aA oml jot eo!nieS lelsod a4f Aq lde)l "AllaP to pjO y ■ AJan.lap uodn anleu6!s y e eooldllew moA m1 jo!p.wepl enb!un y ■ ldleOei 6u!Ifew y ■ :SBPIABJd HOW P811l1AaO En P. o m T W N• wn N Lq , a a qj m m a ¢ w o ~ w a 0 m rt m w rt En m w o co .. W d ry rat o rt O ro rN GOON W �' m z c m m NZ 9 y n e� H ro H . N BUILDINGS AND BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 42 -1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others - -with– respect– to– constru ction– and– maintenence- activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95 -4, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE II. CONSTRUCTION STANDARDS Sec. 42 -26. Adoption of codes by reference. The town hereby adopts by reference the pro- visions of all building codes and building related codes in force and effect in the county as adopted or enacted by the state or the board of county Supp. No. 1 CD42:3 # 4^_ -27 commissioners and the building department of that county, and as amended from time to time. For the purposes of this section, building related codes shall include the county's minimum hous- ing codes, and other construction related regula- tions which serve to insure the construction and maintenance of safe structures. (Code 1978, § 4 -1; Ord. No. 98 -1, § 1, 4- 14 -98) Sec. 42 -27. Issuance of permits; inspections. (a) The county serves as the town's building official and shall issue all building permits for construction in the town. The town shall charge a fee to cover the costs associated with reviewing for compliance with zoning, design manual and other town ordinances. Such fee shall be estab- lished in a fee schedule adopted by a resolution of the town commission. The town manager or the contractor will request the county building depart- ment for inspection for a given time and date and the permit inspection card and plan shall be on the construction site at all times and the inspec- tor on completion of his inspection will mark the card as to acceptance and the date thereon, or will note reasons for rejection. Upon completion of the project and final inspection, by both the county and the town if necessary, the inspector will report this to the county building department, which shall then issue the certificate of occupancy to the builder. (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans shall be as indicated in the town fee schedule. (c) If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town 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 siv 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 § 6G-86 GULF STREAM CODE ARTICLE III. RESERVED* Secs. 66- 86- 66 -90. Reserved. ARTICLE I.V. ADMMSTRATIONt DIVISION 1. GENERALLY Secs. 66 -91-66 -100. Reserved. DIVISION 2. PERMITS Sec. 66 -101. Required prior to construction. No structure shall be constructed in the town prior to the issuance of a building permit by the planning and building administrator acting on behalf of or as an agent of the town. (Ord. No. 83 -1, § 2(X, A), 4 -8 -83) Sec. 66 -102. Starting work without permit. effect that the building or premises or part thereof and the proposed use thereof conform to the provisions of this chapter shall have been issued. (Ord. No. 83 -1, § 2(XII), 4 -8 -83) Sec. 66 -117. Preexisting uses. Upon written request from the owner or appli- cant, the town shall issue a certificate of occu- pancy for any building or premises existing as of April 8, 1983, certifying, after the inspection of the use of the building or premises by the plan- ning and building administrator or other desig- nee, whether such conforms to the provisions of this chapter. (Ord. No. 83 -1, § 2(XII), 4 -8 -83) Sec. 66 -118. Temporary certificates. Under the rules and regulations of the town commission a temporary certificate of occupancy for a part of a building may be issued. (Ord. No. 83 -1, § 2(XII), 4 -8 -83) If a person or entity conducts the activities addressed in this chapter without having ob- Secs. 66- 119 -66 -130. Reserved. tained all required permits from the town, the work being conducted may be immediately stopped by the town's planning and building administra- DIVISION 4. NONCONFORMING USES t for and all required permits shall be obtained. No permit shall be granted by the town for any work Sec. 66 -131. Required conditions for contin- within the town until the person or entity violat- uance. ine the rp ovisiona_pLthis_chapter shall have The - lawful- use -of any buildmg; structure -ol— - - -- mitigated the damages caused to the satisfaction land existing as of April 8, 1983, may be continued of the town commission in the same manner as although such use does not conform to the provi- mitigation would be addressed by the applicant sions of this chapter, provided however, the fol- for a permit as set forth in this chapter. lowing conditions are met: (Ord. No. 91 -16, § 4, 10- 21 -91) Cross reference —Land clearing without a permit, § (1) Unsafe structures or buildings. Any struc- 56 -136. ture or building or portion thereof de- clared unsafe may be restored to a safe Secs. 66- 103-66 -115. Reserved. condition. DIVISION 3. CERTIFICATE OF OCCUPANCY Sec. 66 -116. Required. It shall be unlawful to use or permit the use of any building or premises thereon created or erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy to the *Editor's note —Ord. No. 95 -1, § 1, adopted Jan. 30, 1995, repealed Art. III, §§ 66- 61- 66.70, which pertained to the board of adjustment and derived from Ord. No. 83.1, §§ 2(XIII, A, 1, 2), 2(XIII, B)- 2(XIII, D, adopted April 8, 1983; Ord. No. 89 -7, § 1, adopted Dec. 15, 1989; Ord. No. 90 -1, § 5, adopted Jan. 21, 1991; and Ord. No. 91.12, § 2, adopted Jan. 21, 1991. tCmss reference — Administration, ch. 2. CD66:30 (2) Approval of construction. Nothing in this section shall require any change in plans, construction or designated use of a build- ing or structure for which a building per- mit has been issued and the construction of which shall have been diligently car- ried on within six months of the date of such permit. (3) Alterations. A nonconforming building may be maintained and repairs and alter- ations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law including eminent domain proceedings. 4 00 \ ƒ k/� §��0 ) \ % §\ LU 0 _ z 0 E § §e - §2 § LU WC k / A Ir o) § §L ) §3 G o ■G K` m - §(§ �e _ �))$ §2 - §=22 § / ■� \ Of _ x z q §\ 0 § 2 o _ < ) §� - z ® q \ \ 2 \ \ �§ � < § \ 2\ i 2 $ / ()§ § »-< \ 0�\,�� k 2 ®a2G2 � a2 )[ § § ® ) B )|!§.§ §2 cl W�� < \( ( ( § )§ \ \tea LU a <I m U S�o §Q§§ § § §w < / � § � w ^ 2k � u § C)� E\ ± k §) } }\ | \ § k£ M_ u ■ f M/ �j E ° w /< �W w ` wc3 `M qw -6 X22\§ § [ »/ 6F- ;_ . § w z� § ° e» «c ® §2 §ekj �< � §m 3� kG A Bwo Z <oc - w E mp ea to (k)§§ (\ *) - § ) " E )_, �$ �\ .&U- - ,� § z EA ti. Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone (561) 276 -5116 CODE ENFORCEMENT SPECIAL MASTER TOWN OF GULF STREAM, FLORIDA CASE: CE 3 -03 STATEMENT OF VIOLA' NOTICE OF HEARING Fax (561) 737 -0188 June 4.2003 Pursuant to Section 2 -75 of the Town f Gulf Stream Code of Ordinance, the undersigned herby gives notice of uncorrected violation(s) of toe Town of Gulf Stream Code(s) and more particular described herein, and requests a PUBLIC HEARONG before the CODE ENFOECEMENT SPECIAL MASTER of the Town. ! 1. Location/Address where violation(s) exist(s): 935 Emerald Row, Gulf Stream Florida 33483 2. Legal Description: Lot 62 Plac � An Soleil Subdivision 3. Name and address of owner/person in charge where violation(s) exist(s): Michael L. & Susan Rowan 935 Emerald Row Gulf Stream Florida 33483 4. Violation of Town Code Section(s)land description(s): A boat lift has been installed without administrator. ,(SEE ATTACHED "EXHIBIT OF IOLATIONS ") 5. Date of first 6. Date owner first notified of violation(s): 11-8-02. 2 -20 -03 7. Date on/by, which violations are to be corrected: 3 -7 -03 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the viol tion(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT (561) 276 -5116 to verify COMPLIANCE with the Town Cod( PUBLIC HEARING WILL BE COND Gulf Stream Code Enforcement Special thereafter as the case can be heard in tt Gulf Stream, FL. YOU ARE REQUIRED TO APPEA allegations that you have violated the Gulf Stream. IF YOU FAIL TO AT presentation by the Town Code Inspec William H. ThraslickTown Manager Town of Gulf Stream ) cited herein, NOTICE IS HEREBY GIVEN THAT A CTED for the above referenced property before the town of aster on 6 -23 -03 at 10A.M. or as soon Town Hall Commission Chambers located at 100 Sea Road, BEFORE THE SPECIAL MASTER at that time to answer ,ove cited sections of the Code of Ordinances of the Town of ND, the Special Master may base his/her finding solely upon William H. Thrasher, Town Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE June 1.6, 2003 HAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THI NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECURS, THE CASE MAY BE PRESENTED TO THE SPERCIAL MASTER EVEN IF THE VIOLATION (S) HAVE BEEN CORRECTED P46R TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE OWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT IPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HE IN AND OWNED BY YOU CONTINUES TO BE VIOLATION. If the Special Master finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, lie /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in prosecuting your case before the Special Master, FINES WILL BE IMPOSED BY THE SPECIAL MASTER. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Master, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 thirty) DAYS after the Special Master's Order is entered. If you wish to have the Special Mastek RECONSIDER your case for any reason or if your case was in fine and now complied and you wish to request a REDUCTION IN FINE an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. 4L REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE. If a person decides to appeal any dec sion made by the Special Master with respect to any matters considered at subject meeting, they vyill need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is based. (FS286.0105) PLEASE GOVERN YOURSELF ACOORDINGLY By: Rita Taylor, ToWn Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 i�Z Palm Beach County Property Appraiser Property Search System Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System Location Address: 935 EMERALD ROW Municipality: CITY OF GULFSTREAM Parcel Control Number: 20- 43- 46 -04 -22 -000 -0620 Subdivision: PLACE AU SOLIEL Official Records Book: 12604 Page: 1030 Sale Date: May -2001 Legal Description: PLACE AU SOLEIL LT 62 Pagel oft -Owner Information Name: ROWAN MICHAEL L & Mailing Address: 138 DERBY STREET BURTON UPON TRENT STAFFS D E14 2LF GREAT BRITAIN & NRTHRN IRELAND All Owners.. 2 Certified Appraisal Sales Date Book Number of Improvement Value: $588,659 12604 1030 1200000 WD ROWAN MICHAEL L & Units: Land Value: $429,000 Total Sq. Ft: Market Value: $1,017,659 Acres: Use Code: 0100 Description: 1 Structural... 5090 Extra... .00 SINGLE FAMILY zuuc%,eruneu lax Ad Valorem: $20,211.73 Non ad valorem: $104.00 Total: $20,315.73 Detail... Certified Assessed & Taxable Values Assessed Value: $1,017,659.00 Exemption amount: $0 Taxable: $1,017,659.00 Exemption Information Unavailable. "0GIe31111U 141JU11 Sales Date Book Page Price Instrument Owner May -2001 12604 1030 1200000 WD ROWAN MICHAEL L & Sep -1987 05441 1091 200000 WD Print Information http://www.co.palm-beach.R.us/papa/main/detail—info.asp?p entity--2043460422 0000620 6/3/2003 Palm Beach County Property Appraiser Property Search System Page 1 of 1 Owner Detail Owners ROWAN MICHAEL L & ROWAN SUSAN Close Print Information http: / /www.co .palm- beach.fl.uslpapalmainlOwner Info. asp ?entity_id = 20434604220000620... 6/3/2003 J Phi C( T( C? S1 Pui not her oft 1. 2. 3. a 5. 6. 7. ives ibed PER k ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNE CODE INSPECTOR AT (561) 276 -5116 to verify COMPLIANCE with the Town Cod (s) cited herein, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CO UCTED for the above referenced property before the town of Gulf Stream Code Enforcement Special master on 6 -23 -03 at l OA.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chambers located at 100 Sea Road, Gulf Stream, FL. i YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer allegations that you have violated the , bove cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his/her finding solely upon presentation by the Town Code Inspector. William H. Thrashe Town Manager Town of Gulf Stream Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 )ne(561)276 -5116 Fax(561)737 -0188 )DE ENFORCEMENT SPECIAL MASTER )WN OF GULF STREAM, FLORIDA SE: CE 3 -03 June 4, 2003 ATEMENT OF VIOLATION AND NOTICE OF HEARING auant to Section 2 -75 of the Town ice of uncorrected violation(s) of tl ein, and requests a PUBLIC HEARING of Gulf Stream Code of Ordinance, the undersigned herby 1 ie Town of Gulf Stream Code(s) and more particular desci before the CODE ENFOECEMENT SPECIAL MAS' he Town. Location/Address where violation() exist(s):_ 935 Emerald Row, Gulf Stream, Florida 3348" Legal Description: Lot 62 Plact Au Soleil Subdivision Name and address of owner /person in charge where violation(s) exist(s): Michael L. & Susan Rowan 935 Emerald Row, ulf Stream Florida 33483 Violation of Town Code Section(s) and description(s): A boat lift has been installed without a permit being applied for. The To has adopted the building codes that have been en- acted by Palm Beach Coun!y & the State of Florida Section 42.26. Sec. 104. 1.1 of Florida Building Code provides a permit m ist be obtained for installation. Sec. 66 -101 provides no structure shall be construction prio to issuance of a building permit by the planning & building administrator. (SEE ATTACHED `EXHIBIT OF IOLATIONS ") Date of first inspection: 11 -8 -02 Date owner first notified of violatoo (s): 11 -8 -02, 2 -20 -03 Date on/by, which violations are to be corrected: 3 -7 -03 * * * * * * * * * * * ■ * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * ** ives ibed PER k ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNE CODE INSPECTOR AT (561) 276 -5116 to verify COMPLIANCE with the Town Cod (s) cited herein, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CO UCTED for the above referenced property before the town of Gulf Stream Code Enforcement Special master on 6 -23 -03 at l OA.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chambers located at 100 Sea Road, Gulf Stream, FL. i YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer allegations that you have violated the , bove cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his/her finding solely upon presentation by the Town Code Inspector. William H. Thrashe Town Manager Town of Gulf Stream William H. Thrasher, Town Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE June 16, 2003 , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATIONS) IS /ARE I NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECURS, THE CASE MAY BE PRESENTED �O THE SPERCIAL MASTER EVEN IF THE VIOLATION (S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREfN AND OWNED BY YOU CONTINUES TO BE VIOLATION. I If the Special Master finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he /she can IMPOSE A iiINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in pn IMPOSED BY THE SPECIAL ANY REAL OR PERSONAL FINES CAN RESULT IN FORE If you disagree with a decision of the PALM BEACH COUNTY within 30 your case before the Special Master, FINES WILL BE t. SUCH FINES SHALL CONSTITUTE A LIEN ON TY OWNED BY YOU. FAILURE TO PAY SUCH .E AND COLLECTION ACTION BY THE TOWN. Master, you may appeal to the CIRCUIT COURT OF DAYS after the Special Master's Order is entered. If you wish to have the Special Maste# RECONSIDER your case for any reason or if your case was in fine and now complied and you wish to request a REDUCTION IN FINE an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTERITO RECONSIDER YOUR CASE. If a person decides to appeal any decsion made by the Special Master with respect to any matters considered at subject meeting, they ill need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence uponlwhich appeal is based. (FS286.0105) PLEASE GOVERN YOURSELF By: Rita Taylor, ToWn Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 R BUILDINGS AND BUILDING RGGUL\TIONS ARTICLE I. IN GENERAL Sec. 42 -1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others w1 respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95 -4, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE II. CONSTRUCTION STANDARDS Sec. 42.26. Adoption of codes by reference. The town hereby adopts by reference the pro- visions of all building codes and building related codes in force and effect in the county as adopted or enacted by the state or the board of county Supp. No. 1 CD42:3 § -12-27 commissioners and the building department of that county, and as amended from time to time. For the purposes of this section, building related codes shall include the county's minimum hous- ing codes, and other construction related regula- tions which serve to insure the construction and maintenance of safe structures. (Code 1978, § 4 -1; Ord. No. 98 -1, § 1, 4- 14 -98) Sec. 42 -27. Issuance of permits; inspections. (a) The county serves as the town's building official and shall issue all building permits for construction in the town. The town shall charge a fee to cover the costs associated with reviewing for compliance with zoning, design manual and other town ordinances. Such fee shall be estab- lished in a fee schedule adopted by a resolution of the town commission. The town manager or the contractor will request the county building depart- ment for inspection for a given time and date and the permit inspection card and plan shall be on the construction site at all times and the inspec- tor on completion of his inspection will mark the card as to acceptance and the date thereon, or will note reasons for rejection. Upon completion of the project and final inspection, by both the county and the town if necessary, the inspector will report this to the county building department, which shall then issue the certificate of occupancy to thw hi lllar (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans shall be as indicated in the town fee schedule. (c) If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town 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 § 66.86 GULF STREAM CODE ARTICLE III. RESERVED* Secs. 66- 86- 66 -90. Reserved. ARTICLE N ADMINISTRATIONt DIVISION 1. GENERALLY Secs. 66 -91-66 -100. Reserved. DIVISION 2. PERMITS Sec. 66 -101. Required prior to construction. No structure shall be constructed in the town prior to the issuance of a building permit by the planning and building administrator acting on behalf of or as an agent of the town. (Ord. No. 83 -1, § 2(X, A), 4 -8 -83) Sec. 66 -102. Starting work without permit. effect that the building or premises or part thereof and the proposed use thereof conform to the provisions of this chapter shall have been issued. (Ord. No. 83 -1, § 2(XII), 4 -8 -83) Sec. 66 -117. Preexisting uses. Upon written request from the owner or appli- cant, the town shall issue a certificate of occu- pancy for any building or premises existing as of April 8, 1983, certifying, after the inspection of the use of the building or premises by the plan- ning and building administrator or other desig- nee, whether such conforms to the provisions of this chapter. (Ord. No. 83 -1, § 2(XII), 4 -8 -83) Sec. 66 -118. Temporary certificates. Under the rules and regulations of the town commission a temporary certificate of occupancy for a part of a building may be issued. (Ord. No. 83 -1, § 2(XII), 4 -8 -83) If a person or entity conducts the activities addressed in this chapter without having ob- Secs. 66- 119 -66 -130. Reserved. tained all required permits from the town, the work being conducted may be immediately stopped DIVISION 4. NONCONFORMING USES by the town's planning and building administra- tor and all required permits shall be obtained. No permit shall be granted by the town for any work Sec. 66 -131. Required conditions for contin- within the town until the person or entity violat- uance. -- - -ing— the — provisions —of— this— ehapter— shall— have -- The— lawftll T a of any building, structure or - mitigated the damages caused to the satisfaction land existing as ofApril 8, 1983, may be continued of the town commission in the same manner as although such use does not conform to the provi- mitigation would be addressed by the applicant sions of this chapter, provided however, the fol- for a permit as set forth in this chapter. lowing conditions are met: (Ord. No. 91 -16, § 4 10- 21 -91) Cross reference —Land clearing without a permit, § (1) Unsafe structures or buildings. Any struc- 58 -136. ture or building or portion thereof de- clared unsafe may be restored to a safe Secs. 66- 103-66 -115. Reserved. condition. DIVISION 3. CERTIFICATE OF OCCUPANCY Sec. 66 -116. Required. It shall be unlawful to use or permit the use of any building or premises thereon created or erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy to the *Editor's note —Ord. No. 95 -1, § 1, adopted Jan. 30, 1995, repealed Art. III, §§ 66.61- 66 -70, which pertained to the board of adjustment and derived fmm Ord. No. 83 -1, §§ 2(XIII, A. 1, 2), 2(XIII, B)- 2(XIII, I), adopted April 8, 1983; Ord. No. 89 -7, § 1, adopted Dec. 15, 1989; Ord. No. 90 -1, § 5, adopted Jan. 21, 1991; and Ord. No. 91 -12, § 2, adopted Jan. 21, 1991. tCross reference — Administration, ch. 2. CD66:30 (2) Approval of construction. Nothing in this section shall require any change in plans, construction or designated use of a build- ing or structure for which a building per- mit has been issued and the construction of which shall have been diligently car- ried on within six months of the date of such permit. (3) Alterations. A nonconforming building may be maintained and repairs and alter- ations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law including eminent domain proceedings. C °O gg N 7 Say Nm r m D m ® 3aE C T a m' OD m m Iowa 3 w A X N n T �-1 wn 4 L =] ;V 13 H n� HL H G 10 t' t-j to H ttl G "AI C3 C3 ru Q cr 0 O O 0 to IL Er W LuieMunne Marin � .J L✓ (47 N .. )d i w n ,F 7�r A i L n c c r n C Z 2 Z R 3 4 c T C a c C Z V. c m x cl 0 z ti m x ti a$ N N k Z q p�p 0 J C3 0 N O m u^ a C3 O O Ln N 0" W m w COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH February 17, 2003 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Mr. Michael Rowan CERTIFIED MAIL 935 Emerald Row RETURN RECEIPT REQUESTED Gulf Stream, Florida 33483 RE: Installation of boatlift and modifications to dock Dear Mr. Rowan: On November 8, 2002 we sent a courtesy notice to you advising that the installation of a boatlift and dock modifications located on the rear of your property at the above address were completed without first obtaining the building permits. This is in violation of Section 42 -26 and Section 66 -101 of the Gulf Stream Code of Ordinances. As of this date we have no record of your having applied for the building permits. This is to be considered official notice to correct this violation by making proper application for the permits within 15 days. Failing to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 (Code Enforcement) of the Code of Ordinances. Very truly yours, \.A s r OF a,Ppn-0vea,pµ�CSORs w6 Fv �►J kl."NO i0 ColaZlAcx �iW�r.+i+a 1'l -tty NBTT William Thrasher ONE O� j ao�t c FYt eN\ Wr- A1~6 Town Manager ? a��S STAP Wo�� Tp APPw AND I ll7W�l �c C\VVFl �p yN+ fQa4Q-cr+ o% 100 SEA ROAD, GULF STREAM, FLORIDA 33483 5 �5 �� a a t� * R Y y ,r . ._ .'__.... 1■ J9 IRa�i� ..F ,k,�.) 1= Total Palate" & Feats $ 4.42 r-I 1XI Sent TO M Michael Rowan ................................. ....... ........ Stmet. Apt. No.; PO Box No. 935 Emerald ROW C3------------------------------------------------------------------- C3 Gulf Stream, FL 33483 C:) OF L postap 3 .37 Ir M Certified Fee 2.30 Postmark 1.75 Returri Rweipt Fee (Endomemerit Required) Hem Restricted Delivery Fait M (Endorsement Required) 1= Total Palate" & Feats $ 4.42 r-I 1XI Sent TO M Michael Rowan ................................. ....... ........ Stmet. Apt. 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KOCH, JR. Mayor JOAN N. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH February 17, 2003 TOWN OF GULF STREAM BALM BEACH COUNTY. FLORIDA NOTICE OF VIOLATION Telephone (561) 276 -5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR Mr. Michael Rowan CERTIFIED MAIL 935 Emerald Row RETURN RECEIPT REQUESTED Gulf Stream, Florida 33483 RE: Installation of boatlift and modifications to dock Dear Mr. Rowan: On November 8, 2002 we sent a courtesy notice to you advising that the installation of a boatlift and dock modifications located on the rear of your property at the above address were completed without first obtaining the building permits. This is in violation of Section 42 -26 and Section 66 -101 of the Gulf Stream Code of Ordinances. As of this date we have no record of your having applied for the building permits. This is to be considered official notice to correct this violation by making proper application for the permits within 15 days. Failing to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 (Code Enforcement) of the Code of Ordinances. Very truly yours, William Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH November 8, 2002 Mr. Michael Rowan 935 Emerald Row Gulf Stream, Florida 33483 Re: Notice of Violation; Installation of boatlift and modifications to dock Dear Mr. Rowan: Telephone (561) 276-5116 Fax (561)737.0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR It has come to our attention that the boatlift and dock modifications located on the rear of your property were completed without first obtaining a building permit. This is a violation of Section 66 -101 of the Town's Code of Ordinances. Further, this non- permitted work may also be in violation of the Town's Zoning Regulations. It is necessary for you and/or your representative to apply for a building Retmit._Plea, contact Town Hall to find out the necessary documents that must accompany a permit application. Thank you for your cooperation. Sincerely, William H. Thrasher Town Manager -�J 100 SEA ROAD, GULF STREAM, FLORIDA 33483