HomeMy Public PortalAbout06/24/2003 * Case #CE-2-03 * TaylorTOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
CASE NO. CE -2 -03 DATE: June 24, 2003
LOCATION OF VIOLATION:
920 Indigo Point
Gulf Stream, Florida 33483
I, William Thrasher , have personally examined the property described above and
(Town Official /Inspector)
Find that said property is (NOT (NO n compliance with Section(s) 66 -369 (6) of the
Code of the Town of Gulf Stream as o the 23rd day of _ June , 20 0—
kiLH-Qj"-
A >ant
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 24th day of
June 20 03 by William Thrasher Town Official/Inspector,
who is ersonall to me r who has produced a Florida driver's license as
identification who did id no ake an oath.
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TOWN OF GULF
PALM BEACH COUNTY
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED 8. OEVITT III
ROBERT W. HOPKINS II
WILLIAM A. LYNCH
June 24, 2003
David and Heath Taylor
920 Indigo Point
Gulf Stream, Florida 33483
Dear Mr. & Mrs. Taylor:
STREAM
FLORIDA
Telephone
(561) 276 -5116
Fax
(561) 737.0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
We are enclosing an Affidavit of Compliance covering a code violation
at the above address, cited under Case #CE -2 -03.
The violation was the installation of a floating boatlift in violation
of Section 66- 369(6) of the Gulf Stream Code of Ordinances.
At the hearing held on June 23, 2003 you were found in violation of
Section 66- 369(6). However, the Special Master, Paulette Torcivia,
ordered that if the violation was corrected by June 30, 2003 no
fine would be assessed. Failing to do so would result in a fine of
$250.00 per day which would also apply to any repeat violation.
An inspection by the Town Manager has revealed that the violation
has been corrected by the removal of the floating boatlift and the
Affidavit of Compliance has been issued based on this inspection.
Therefor, no fine is assessed.
Very truly yours,
Rita L. Taylor
Town Clerk
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
TOWN OF GULF STREAM,
Petitioner,
U,
ORDER FINDING VIOLATION
Case No. CE -2 -03
DAVID and HEATH TAYLOR,
Respondents.
Re: Violation of Section 66 -369 (6) of the Code of Ordinances of the Town of Gulf Stream.
Address: 920 Indigo Point
Gulf Stream, Florida
Legal Description: PLACE AU SOLEIL
LT 67
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, David and Heath Taylor, 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 -369 (6) of the Code of Ordinances of
the Town of Gulf Stream.
It is the Order of the Code Enforcement Special Master that Respondents, David and
Heath Taylor, shall comply with Section 66 -369 (6) of the Code of Ordinances of the Town of Gulf
Stream by the 30' day of June, 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.
Upon complying, it is the responsibility of the Respondents to notifythe Gulf Stream
Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 23rd day of June, 2003.
TOWN OF GULF STREAM
CODE ENFORCEMENT
BY: 7atz� Gi
Special Master
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.
AGENDA
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 violation of
Sec. 66 -101.
IV. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM SPECIAL MASTER 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
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 -2-
03, addressing a code violation at 920 Indigo Point, Lot 67 Place Au Soleil Subdivision,
Gulf Stream, Florida, that is owned by David & Heath Taylor. 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, three pages, along with a return receipt signed by
Heath Taylor on June 16, 2003 and 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 floating boatlift is moored in violation of Sec.
66- 369(6)f in that a lift or davit which exceeds 500 lbs. lifting capacity shall be attached
only to seawalls or platforms landward of the seawall.
The Town Manager then presented a copy of the first Notice of Violation, 5 pages, along
with a return receipt signed by M. Krause on March 25, 2003 and accepted as Exhibit #2
for the Town of Gulf Stream. Mr. Thrasher then presented a courtesy letter dated March
5, 2003 with a picture of the violation attached. That was accepted as Exhibit #3 and two
color photographs of the floating boatlift were accepted as Exhibit #4.
In closing, Mr. Thrasher presented a Fax dated June 18, 2003 from Mr. Taylor advising
that he would have the lift removed by no later than June 21, 2003 and a reply from the
Town advising that if the lift was removed prior to the hearing, a fine would not be
requested. This was accepted as Exhibit #5.
At being 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
finding that in the event the violation is repeated, a fine of $250.00 per day can be
imposed from the date of subsequent non - compliance, forward.
Code Violation Hearing
June 23, 2003
page 2
FINDINGS;
Special Master Torcivia found there is a violation in this case and stated Mr. Taylor is to
comply by June 30, 2003. Failing to do so will result in a fine of $250.00 per day. This
will also apply to any repeat violation.
This concluded the hearing of Case No. CE 2 -03.
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Rita L. Taylor, Town rk
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CQy�T" "'Muderdale, FL 33394
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cle . t6t he Post office for postmarking. If a p present the Mail
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IMPORTANT: Save this receipt and present it when making an inquiry.
PS Fonri 3800, April 2002 (Reverse) 102595.02•M -1132 ,
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TOWN OF GULF STREAM
100 SEA ROAD
GULF STREAM, FLORIDA 33483
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED 8. DEVITT III
ROBERT W. HOPKINS II
WILLIAM A. LYNCH
March 24, 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
David Taylor
Digital Explorer Holdings, Inc.
500 East Broward Blvd. CERTIFIED MAIL
Suite 1800 RETURN CARD REQUESTED
Fort Lauderdale, FL 33394
RE: Non - conforming Boat Lift @ 920 Indigo Point
Dear Mr. Taylor:
On March 5, 2003 we sent a courtesy notice to you advising that the
floating boat lift that has been recently placed at your residence is not
in conformity with the provisions of Section 66 -369 of the Code of Ordinances
of the Town of Gulf Stream. A copy of Sec. 66 -369 was enclosed with the
letter and we requested that you contact this office to advise the date for
removal of the boat lift. As of this date we have received no contact.
Sec. 66- 369(6)f. provides that boat lifts and davits which exceed 500 pounds
lifting capacity shall be attached only to seawalls or platforms landward
of the seawall.
Sec. 66- 369(6)h. does permit floating platforms, but only if they are
constructed of non - ferrous material, are black in color and do not rise
more than 12 inches out of the water. The dimensions shall not exceed 8'
in width or 16' in length and no more than two watercrafts of a maximum
length of 14' shall be stored on the floating platform. All watercrafts
shall be stored parallel to the seawall and a floating platform must be
removed after three months of disuse.
It appears that the floating boat lift is capable of lifting more than 500
pounds and if were to be considered a floating platform, it does not
conform to Section 66- 369(6)h.
This is to be considered official notice to correct the violation(s) by
removing the floating lift within 15 days. Failing to comply with this
order shall result in further 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 the other Sections mentioned above.
Very truly yours,
W Lam' 1f �-
William Thrasher,
Encl.
Town Manager
100 SEA ROAD, GULF STREAM, FLORIDA 33483
1 pay; 0
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GULF STREXN1 CODE
(c) All tennis courts shall he in conformity with
the setbacks required by the zoning district in
which it is located. Any tennis court located on
property fronting on SR AlA shall be subject to
the established 78 -Foot centerline setback.
(d) Tennis courts shall be located on the same
lot or parcel of land as that of the main building.
In the event of contiguous lots or parcels, a unity
of title shall be recorded prior to issuance of a
building permit for either a main building or an
accessory structure which would cross lot lines.
(e) All tennis courts shall be enclosed by a
fence, open wall or equivalent barrier and in no
event shall a tennis court be exposed to open view
from any public roadway.
(Ord. No. 83 -1, § 2(X, I, 2), 4 -8 -83)
permitted in accordance with the provi-
sions of this chapter. Boathouses, fixed
covers, fixed benches, fixed fish cleaning
apparatus, fixed maintenance apparatus,
fuel pumps, sewage pump -outs, flagpoles
and diving platforms/boards shall be pro-
hibited.
(6) Location and dimensions.
a. Docks and all ancillary structures
shall comply with the required side
yard setbacks applicable to the lot.
b. Docks shall not project more than
five feet into any waterway and dol-
phins shall not project more than 25
feet into any waterway.
Supp. No. 1 CD66:62
C.
Docks shall be no higher than any
Sec. 66 -369. Docks.
abutting seawall or 51h feet above
In the single - family residential district, one
mean sea level, whichever is greater.
dock per lot of record shall be permitted in actor-
Ancillary handrails, steps and lights
dance with the following:
shall not project more than four feet
above the dock.
(1) Site plan review required. All new docks
and significant alterations to existing docks
d.
A maximum of one dock box shall be
shall require site plan review and ap-
permitted which shall be no higher
proval.
than 30 inches and no larger than 24
cubic feet.
(2) Permitted as accessory use. Docks shall be
permitted only as an accessory use to
e.
A maximum of one davit with up to
single - family dwellings for the exclusive
500 pounds lifting capacity shall be
use of the dwelling's occupants (residents
permitted to be attached to a dock.
and nonresident members of the occupant's
f.
Boat lifts and davits which exceed
family and resident guests at the dwell-
pounds lifting capacity shall
ing). Docks shall not be permitted on
attached
ttached only to seawalls or plat-
vacant lots unless the vacant lot is adja-
forms landward of the seawall.
cent to a developed lot under the same
ownership and a unity of title has been
g.
Lights shall project downward at a
recorded.
minimum 45- degree angle from the
(3) Prohibited uses. Dockage of commercial
horizontal plane tangent to the top
vessels or rental of dock space exclusive of
of the light source.
the dwelling and property shall be prohib-
h.
Subject to level one site plan sp-
ited.
proval, a maximum of one floating
(4) Docking parallel to seawall only. Docking
platform may be permitted in lieu of
of vessels shall be permitted in a manner
davits for the purpose of storing small
so that the vessel is docked parallel to the
watercrafts. The floating platform
seawall. Docking in any other manner is
shall be constructed of non - ferrous
prohibited.
material, be black in color, and may
not rise more than 12 inches out of
(5) Ancillary structures permitted. Ancillary
the water. No more than two water -
structures including handrails, steps, swim
crafts of a maximum length of 14
ladders and up to a maximum of four
feet shall be stored on the floating
dolphins, one boat lift and one davit (or
platform. The platform dimensions
alternatively two davits), two water hook-
shall not exceed eight feet in width
ups, two electrical outlets in excess of 115
or 16 feet in length. All watercrafts
volts, two lights, and one dock box shall be
shall be stored parallel to the sea-
Supp. No. 1 CD66:62
ZONING
wall. A floating platform must be
removed after three months of dis-
use.
(7) Alaterials and colors. Materials and colors
of docks and ancillary structures shall be
considered as part of architectural review
and planning board consideration and shall
be maintained as approved.
(Ord. No. 83 -1, § 2(X, I, 3), 4 -8 -83; Ord. No. 91 -24,
§ 3, 10- 21 -91; Ord. No. 00 -1,. §§ 20, 21, 3- 10 -00)
Sec. 66 -370. Approval of other residential
recreational facilities.
Any other residential recreational facilities shall
not be located on any property zoned for residen-
tial purposes without the express approval of the
architectural review and planning board and town
commission.
(Ord. No. 83 -1, § 2(X, I, 4),4-8-83; Ord. No. 91 -12,
§ 2, 1- 21 -91)
Secs. 66 -371 -66 -380. Reserved.
DIVISION 3. CARPORTS, GARAGES,
STORAGE FACILITIES*
Sec. 66 -381. Carports prohibited.
No carport shall be erected or permitted within
any zoning district in the town.
(Ord. No. 83 -1, § 2(X, E), 4 -8 -83)
Sec. 66 -382. Garages, storage facilities, etc. —
Materials restricted.
Any garage, storage room or other similar
detached facility shall be conventional construc-
tion of wood frame or CBS. No metal buildings or
structures shall be permitted. No mobile home,
manufactured home or trailer is permitted within
any zoning category within the town.
(Ord. No. 83 -1, § 2(X, F, 1), 4 -8 -83)
Sec. 66 -383. Same— Setbacks.
All approved garage, storage or similar facili-
ties shall meet all yard requirement setbacks of
the district in which the property is located and
shall be located in such a manner so as not to face
any public street or roadway, or shall be ade-
quately screened or buffered so as not to be visible
from any public street or roadway. However, for
066 -397 ,
lots of less than 20,000 square feet, garages shall
be permitted to face the street without screening.
(Ord. No. 83 -1, § 2(X, F, 2),4-8-83; Ord. No. 91 -23,
§ 3, 10- 21 -91)
Secs. 66 -384-66 -395. Reserved.
DIVISION 4. LANDSCAPINGt
Sec. 66 -396. Required.
Landscaping shall be provided in all zoning
districts in the town according to the following
regulations:
(Ord. No. 83 -1, § 2(X, L), 4 -8 -83)
Sec. 66 -397. Open land uses.
(a) Open land uses shall mean open air park-
ing lots, private or public. Any open land use area
which abuts any public street right -of -way or
abuts or is across an alley from any land used for
residential use shall be required to provide a
planting strip inside the property line. Such plant-
ing strip on the front property line shall be not
less than three feet in width and shall be provided
with a hedge of not less than one foot or more
than three feet in height to form a continuous
screen between the open land use and the public
street right -of -way.
(b) In the planting strip on land used for
multiple - family residential which is abutting and/or
immediately adjacent to single - family residential
there shall be erected a living hedge not more
than seven feet from the residential property line.
Such hedge must be planted within 30 days after
occupancy or use of the property, must be planted
not more than three feet apart, and must be
maintained at a height of not less than seven feet.
(c) The area of the required planting strip not
occupied by a fence or hedge shall be provided
with grass or other plant ground cover material.
In addition, one tree shall be provided for each 40
lineal feet of such landscaped area. Such trees
shall be not less than eight to ten feet high at time
of planting and be of such variety that at maturity
they will have a crown spread not less than 15
feet.
(Ord. No. 83 -1, § 2(X, L, 1 -3), 4 -8 -83)
*Cross reference— Parking of recreational equipment or tCross reference— Landscape irrigation regulations,
commercial vehicles, § 30 -36 at seq. § 34 -76 at seq.
Stipp. No. 1 CD66:63
7002 0860 0005 2631 8888
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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 2 -03
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Fax (561) 737 -0188
June 4, 2003
Pursuant to Section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned herby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) and more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFOECEMENT SPECIAL MASTER
of the Town.
1. Location/Address where violation(s) exist(s): 920 Indigo Point, Gulf Stream, Florida 33483
2. Legal Description: Lot #67, Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s): David W. &Heath
Taylor, 920 Indigo Point, Gulf Stream, Florida 33483
4. Violation of Town Code Section(s) and description(s): A floating boat lift is moored in violation
of Sec. 66- 369(6)f. in that a lift or davit which exceeds 500 lbs. lifting capacity shall be attached
only to seawalls or Platforms landward of the seawall Sec 66- 369(6)h permits 1 floating platform
constructed of non - ferrous material, black in color, that does not rise more than 12" out of the water
and does not exceed 8' in width and/or 16' in length, but this floating boat lift does not conform to
any of these Provisions.
(SEE ATTACHED `EXHIBIT OF VIOLATIONS ")
5. Date of first inspection: 3 -5- 03.3 -24 -03 & 6 -4 -03
6. Date owner first notified of violation(s): 3 -5 -03.3 -24-03
7. Date on/by, which violations are to be corrected: 4 -9 -03
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Unless the violator corrects the violation(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 Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A
PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of
Gulf Stream Code Enforcement Special master on 6 -23 -03 at 10 A.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.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer
allegations that you have violated the above 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.
)A-k�k
William H. Thrasher,T own 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 VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECURS,
THE CASE MAY BE PRESENTED TO 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 HEREIN 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, he /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 Master 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 MASTER TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Master with respect to any matters
considered at subject meeting, they will 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 ACCORDINGLY
/(
By: Rita aylo 'own Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
" � 6 6 - 3 6 8
G U L F S T R E A M C O D E
( c ) A l l t e n n i s c o u r t s s h a l l b e i n c o n f o r m i t y w i t h
t h e s e t b a c k s r e q u i r e d b y t h e z o n i n g d i s t r i c t i n
w h i c h i t i s l o c a t e d . A n y t e n n i s c o u r t l o c a t e d o n
p r o p e r t y f r o n t i n g o n S R A I A s h a l l b e s u b j e c t t o
t h e e s t a b l i s h e d 7 8 - F o o t c e n t e r l i n e s e t b a c k .
( d ) T e n n i s c o u r t s s h a l l b e l o c a t e d o n t h e s a m e
l o t o r p a r c e l o f l a n d a s t h a t o f t h e m a i n b u i l d i n g .
I n t h e e v e n t o f c o n t i g u o u s l o t s o r p a r c e l s , a u n i t y
o f t i t l e s h a l l b e r e c o r d e d p r i o r t o i s s u a n c e o f a
b u i l d i n g p e r m i t f o r e i t h e r a m a i n b u i l d i n g o r a n
a c c e s s o r y s t r u c t u r e w h i c h w o u l d c r o s s l o t l i n e s .
( e ) A l l t e n n i s c o u r t s s h a l l b e e n c l o s e d b y a
f e n c e , o p e n w a l l o r e q u i v a l e n t b a r r i e r a n d i n n o
e v e n t s h a l l a t e n n i s c o u r t b e e x p o s e d t o o p e n v i e w
f r o m a n y p u b l i c r o a d w a y .
( O r d . N o . 8 3 - 1 , � 2 ( X , I , 2 ) , 4 - 8 - 8 3 )
S e c . 6 6 - 3 6 9 . D o c k s .
I n t h e s i n g l e - f a m i l y r e s i d e n t i a l d i s t r i c t , o n e
d o c k p e r l o t o f r e c o r d s h a l l b e p e r m i t t e d i n a c c o r -
d a n c e w i t h t h e f o l l o w i n g :
( 1 ) S i t e p l a n r e v i e w r e q u i r e d . A l l n e w d o c k s
a n d s i g n i f i c a n t a l t e r a t i o n s t o e x i s t i n g d o c k s
s h a l l r e q u i r e s i t e p l a n r e v i e w a n d a p -
p r o v a l .
p e r m i t t e d i n a c c o r d a n c e w i t h t h e p r o v i -
s i o n s o f t h i s c h a p t e r . B o a t h o u s e s , f i x e d
c o v e r s , f i x e d b e n c h e s , f i x e d f i s h c l e a n i n g
a p p a r a t u s , f i x e d m a i n t e n a n c e a p p a r a t u s ,
f u e l p u m p s , s e w a g e p u m p - o u t s , f l a g p o l e s
a n d d i v i n g p l a t f o r m s / b o a r d s s h a l l b e p r o -
h i b i t e d .
( 6 ) L o c a t i o n a n d d i m e n s i o n s .
a . D o c k s a n d a l l a n c i l l a r y s t r u c t u r e s
s h a l l c o m p l y w i t h t h e r e q u i r e d s i d e
y a r d s e t b a c k s a p p l i c a b l e t o t h e l o t .
b . D o c k s s h a l l n o t p r o j e c t m o r e t h a n
f i v e f e e t i n t o a n y w a t e r w a y a n d d o l -
p h i n s s h a l l n o t p r o j e c t m o r e t h a n 2 5
f e e t i n t o a n y w a t e r w a y .
C . D o c k s s h a l l b e n o h i g h e r t h a n a n y
a b u t t i n g s e a w a l l o r 5 1 h f e e t a b o v e
m e a n s e a l e v e l , w h i c h e v e r i s g r e a t e r .
A n c i l l a r y h a n d r a i l s , s t e p s a n d l i g h t s
s h a l l n o t p r o j e c t m o r e t h a n f o u r f e e t
a b o v e t h e d o c k .
d . A m a x i m u m o f o n e d o c k b o x s h a l l b e
p e r m i t t e d w h i c h s h a l l b e n o h i g h e r
t h a n 3 0 i n c h e s a n d n o l a r g e r t h a n 2 4
c u b i c f e e t .
( 2 )
P e r m i t t e d a s a c c e s s o r y u s e . D o c k s s h a l l b e
p e r m i t t e d o n l y a s a n a c c e s s o r y u s e t o
e .
A m a x i m u m o f o n e d a v i t w i t h u p t o
s i n g l e - f a m i l y d w e l l i n g s f o r t h e e x c l u s i v e
5 0 0 p o u n d s l i f t i n g c a p a c i t y s h a l l b e
u s e o f t h e d w e l l i n g ' s o c c u p a n t s ( r e s i d e n t s
p e r m i t t e d t o b e a t t a c h e d t o a d o c k .
a n d n o n r e s i d e n t m e m b e r s o f t h e o c c u p a n t ' s
f .
B o a t l i f t s a n d d a v i t s w h i c h e x c e e d
f a m i l y a n d r e s i d e n t g u e s t s a t t h e d w e l l -
5 0 0 p o u n d s l i f t i n g c a p a c i t y s h a l l b e
i n g ) . D o c k s s h a l l n o t b e p e r m i t t e d o n
a t t a c h e d o n l y t o s e a w a l l s o r p l a t -
v a c a n t l o t s u n l e s s t h e v a c a n t l o t i s a d j a -
f o r m s l a n d w a r d o f t h e s e a w a l l .
c e n t t o a d e v e l o p e d l o t u n d e r t h e s a m e
o w n e r s h i p a n d a u n i t y o f t i t l e h a s b e e n
g .
L i g h t s s h a l l p r o j e c t d o w n w a r d a t a
r e c o r d e d .
m i n i m u m 4 5 - d e g r e e a n g l e f r o m t h e
( 3 )
P r o h i b i t e d u s e s . D o c k a g e o f c o m m e r c i a l
h o r i z o n t a l p l a n e t a n g e n t t o t h e t o p
v e s s e l s o r r e n t a l o f d o c k s p a c e e x c l u s i v e o f
o f t h e l i g h t s o u r c e .
t h e d w e l l i n g a n d p r o p e r t y s h a l l b e p r o h i b -
4 J ? ^ r
S u b j e c t t o l e v e l o n e s i t e p l a n s p -
i t e d .
p r o v a l , a m a x i m u m o f o n e f l o a t i n g
( 4 )
D o c k i n g p a r a l l e l t o s e a w a l l o n l y . D o c k i n g
p l a t f o r m m a y b e p e r m i t t e d i n l i e u o f
o f v e s s e l s s h a l l b e p e r m i t t e d i n a m a n n e r
d a v i t s f o r t h e p u r p o s e o f s t o r i n g s m a l l
s o t h a t t h e v e s s e l i s d o c k e d p a r a l l e l t o t h e
w a t e r c r a f t s . T h e f l o a t i n g p l a t f o r m
s e a w a l l . D o c k i n g i n a n y o t h e r m a n n e r i s
s h a l l b e c o n s t r u c t e d o f n o n - f e r r o u s
p r o h i b i t e d .
m a t e r i a l , b e b l a c k i n c o l o r , a n d m a y
n o t r i s e m o r e t h a n 1 2 i n c h e s o u t o f
( 5 )
A n c i l l a r y s t r u c t u r e s p e r m i t t e d . A n c i l l a r y
t h e w a t e r . N o m o r e t h a n t w o w a t e r -
s t r u c t u r e s i n c l u d i n g h a n d r a i l s , s t e p s , s w i m
c r a f t s o f a m a x i m u m l e n g t h o f 1 4
l a d d e r s a n d u p t o a m a x i m u m o f f o u r
f e e t s h a l l b e s t o r e d o n t h e f l o a t i n g
d o l p h i n s , o n e b o a t l i f t a n d o n e d a v i t ( o r
p l a t f o r m . T h e p l a t f o r m d i m e n s i o n s
a l t e r n a t i v e l y t w o d a v i t s ) , t w o w a t e r h o o k -
s h a l l n o t e x c e e d e i g h t f e e t i n w i d t h
u p s , t w o e l e c t r i c a l o u t l e t s i n e x c e s s o f 1 1 5
o r 1 6 f e e t i n l e n g t h . A l l w a t e r c r a f t s
v o l t s , t w o l i g h t s , a n d o n e d o c k b o x s h a l l b e
s h a l l b e s t o r e d p a r a l l e l t o t h e s e a -
S u p p . N o . 1 C D 6 6 : 6 2
§2-42
GULF STREAM CODE
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 -3, § 1, 5 -5 -89)
Secs. 2- 43 -2 -55. Reserved.
ARTICLE III. BOARDS AND
COMMISSIONS
DIVISION 1. GENERALLY
Secs. 2- 56 -2 -65. Reserved.
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. 98 -3, § 1, 5- 14 -98)
Sec. 2 -67. Special master; term.
(a) There is hereby established a special mas-
ter who shall be designated by the town commis-
sion.
(b) The special master shall be appointed for a
term of two years.
CD2:4
(c) The special master shall be an attorney and
a member of the Florida Bar.
(d) The special master shall serve at the plea-
sure of the town commission.
(e) The special master shall preside over code
enforcement matters scheduled to be heard from
time to time.
(fl Minutes shall be maintained at all hearings
presided over by the special master; all hearings
shall be open to the public. The town shall provide
clerical and administrative personnel as may be
required by the special master 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 master.
(Ord. No. 98 -3, § 1, 5- 14-98)
Sec. 2 -68. Jurisdiction.
(a) The special master shall have the jurisdic-
tion 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:
(1) 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 Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special master shall
not be exclusive. Any alleged violation of any of
the aforesaid codes and ordinances may be pur-
sued 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. 98 -3, § 1, 5- 14 -98)
ADMINISTRATION
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 master
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 inspectors, law
enforcement officers, public works inspectors, fire
safety inspectors, and zoning inspectors.
(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 master and
request a hearing. The special master shall sched-
ule 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 master, notice may additionally be served
by publication or posting as provided in section
2 -75. If the violation is corrected and then recurs
or if the violation is not corrected by the time
specified for correction by the code inspector, the
case may be presented to the special master even
if the violation has been corrected prior to the
special master 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 master and request a hearing.
The special master shall schedule a hearing and
shall provide notice pursuant to section 2 -75. The
case may be presented to the special master even
if the repeat violation has been corrected prior to
the hearing, and the notice shall so state. If the
repeat violation has been corrected, the special
master retains the right to schedule a hearing to
determine costs and impose the payment of rea-
sonable enforcement fees upon the repeat viola-
tor. The repeat violator may choose to waive his or
her rights to this hearing and pay the costs as
determined by the special master. A repeat viola-
tion is a violation of a provision of a code or
CD2:5
§ 2 -70
ordinance by a person whom the special master
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 mas-
ter and request a hearing.
(Ord. No. 98 -3, § 1, 5 -1498)
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,
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 master 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 master. The
special master may call any witness deemed nec-
essary to provide a full and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial master 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-
" " A D M I N I S T R A T I O N � 2 - 7 6
m a y b e f o r e c l o s e d o n r e a l p r o p e r t y w h i c h i s a
h o m e s t e a d u n d e r S e c t i o n 4 , A r t i c l e X o f t h e S t a t e
C o n s t i t u t i o n .
( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 )
S e c . 2 - 7 3 . D u r a t i o n .
N o l i e n p r o v i d e d u n d e r t h i s d i v i s i o n s h a l l c o n -
t i n u e f o r a p e r i o d l o n g e r t h a n 2 0 y e a r s a f t e r t h e
c e r t i f i e d c o p y o f a n o r d e r i m p o s i n g a f i n e h a s b e e n
r e c o r d e d , u n l e s s w i t h i n t h a t t i m e a n a c t i o n t o
f o r e c l o s e o n t h e l i e n i s c o m m e n c e d i n a c o u r t o f
c o m p e t e n t j u r i s d i c t i o n . I n a n a c t i o n t o f o r e c l o s e
o n a l i e n , t h e p r e v a i l i n g p a r t y i s e n t i t l e d t o
r e c o v e r a l l c o s t s , i n c l u d i n g a r e a s o n a b l e a t t o r n e y ' s
f e e , t h a t i t i n c u r s i n t h e f o r e c l o s u r e s . T h e t o w n
s h a l l b e e n t i t l e d t o c o l l e c t a l l c o s t s i n c u r r e d i n
r e c o r d i n g a n d s a t i s f y i n g a v a l i d l i e n . T h e c o n t i n -
u a t i o n o f t h e l i e n e f f e c t e d b y t h e c o m m e n c e m e n t
o f t h e a c t i o n s h a l l n o t b e g o o d a g a i n s t c r e d i t o r s o r
s u b s e q u e n t p u r c h a s e r s f o r v a l u a b l e c o n s i d e r a t i o n
w i t h o u t n o t i c e , u n l e s s a n o t i c e o f l i s p e n d e n s i s
r e c o r d e d .
( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 )
S e c . 2 . 7 4 . A p p e a l s .
A n a g g r i e v e d p a r t y , i n c l u d i n g t h e t o w n , m a y
a p p e a l a f i n a l a d m i n i s t r a t i v e o r d e r o f t h e s p e c i a l
m a s t e r t o t h e c i r c u i t c o u r t o f P a l m B e a c h C o u n t y ,
F l o r i d a . S u c h a n a p p e a l s h a l l n o t b e a h e a r i n g d e
n o v o , b u t s h a l l b e l i m i t e d t o a p p e l l a t e r e v i e w o f
t h e r e c o r d c r e a t e d b e f o r e t h e s p e c i a l m a s t e r . T h e
a p p e a l s h a l l b e f i l e d w i t h i n 3 0 d a y s o f t h e e x e c u -
t i o n o f t h e o r d e r t o b e a p p e a l e d .
( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 )
S e c . 2 - 7 5 . N o t i c e s .
( a ) A l l n o t i c e s r e q u i r e d b y t h i s s e c t i o n s h a l l b e
p r o v i d e d t o t h e a l l e g e d v i o l a t o r b y c e r t i f i e d m a i l ,
r e t u r n r e c e i p t r e q u e s t e d ; b y h a n d d e l i v e r y b y t h e
s h e r i f f o r o t h e r l a w e n f o r c e m e n t o f f i c e r , c o d e
i n s p e c t o r , o r o t h e r p e r s o n d e s i g n a t e d b y t h e l o c a l
g o v e r n i n g b o d y ; o r b y l e a v i n g t h e n o t i c e a t t h e
v i o l a t o r ' s u s u a l p l a c e o f r e s i d e n c e w i t h a n y p e r s o n
r e s i d i n g t h e r e i n w h o i s a b o v e 1 5 y e a r s o f a g e a n d
i n f o r m i n g s u c h p e r s o n o f t h e c o n t e n t s o f t h e
n o t i c e .
( b ) I n a d d i t i o n t o p r o v i d i n g n o t i c e a s s e t f o r t h
i n t h i s s e c t i o n , a t t h e o p t i o n o f t h e s p e c i a l m a s t e r ,
n o t i c e m a y a l s o b e s e r v e d b y p u b l i c a t i o n o r p o s t .
i n g , a s f o l l o w s :
( 1 ) S u c h n o t i c e s h a l l b e p u b l i s h e d o n c e d u r -
i n g e a c h w e e k f o r f o u r c o n s e c u t i v e w e e k s
( f o u r p u b l i c a t i o n s b e i n g s u f f i c i e n t ) i n a
n e w s p a p e r o f g e n e r a l c i r c u l a t i o n i n P a l m
C D 2 : 7
B e a c h C o u n t y , F l o r i d a . T h e n e w s p a p e r
s h a l l m e e t s u c h r e q u i r e m e n t s a s a r e p r e -
s c r i b e d u n d e r F . S . c h . 5 0 f o r l e g a l a n d
o f f i c i a l a d v e r t i s e m e n t s .
( 2 ) P r o o f o f p u b l i c a t i o n s h a l l b e m a d e a s
p r o v i d e d i n F . S . � � 5 0 . 0 4 1 a n d 5 0 . 0 5 1 .
( 3 ) I n l i e u o f p u b l i c a t i o n a s d e s c r i b e d i n t h i s
s e c t i o n , s u c h n o t i c e m a y b e p o s t e d f o r a t
l e a s t t e n d a y s i n a t l e a s t t w o l o c a t i o n s ,
o n e o f w h i c h s h a l l b e t h e p r o p e r t y u p o n
w h i c h t h e v i o l a t i o n i s a l l e g e d t o e x i s t a n d
t h e o t h e r o f w h i c h s h a l l b e a t t o w n h a l l .
( 4 ) P r o o f o f p o s t i n g s h a l l b e b y a f f i d a v i t o f t h e
p e r s o n p o s t i n g t h e n o t i c e , w h i c h a f f i d a v i t
s h a l l i n c l u d e a c o p y o f t h e n o t i c e p o s t e d
a n d t h e d a t e a n d p l a c e s o f i t s p o s t i n g .
( c ) N o t i c e b y p u b l i c a t i o n o r p o s t i n g m a y r u n
c o n c u r r e n t l y w i t h , o r m a y f o l l o w , a n a t t e m p t o r
a t t e m p t s t o p r o v i d e n o t i c e b y h a n d d e l i v e r y o r b y
m a i l a s r e q u i r e d u n d e r t h i s s e c t i o n .
( d ) E v i d e n c e t h a t a n a t t e m p t h a s b e e n m a d e t o
h a n d d e l i v e r o r m a i l n o t i c e a s p r o v i d e d i n t h i s
s e c t i o n , t o g e t h e r w i t h p r o o f o f p u b l i c a t i o n o r p o s t -
i n g a s p r o v i d e d i n t h i s s e c t i o n s h a l l b e s u f f i c i e n t
t o s h o w t h a t t h e n o t i c e r e q u i r e m e n t s o f t h i s
s e c t i o n h a v e b e e n m e t , w i t h o u t r e g a r d t o w h e t h e r
o r n o t t h e a l l e g e d v i o l a t o r a c t u a l l y r e c e i v e d s u c h
n o t i c e .
( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 )
S e c . 2 - 7 6 . P r o c e d u r e t o r e q u e s t t h a t a f i n e
o r l i e n i m p o s e d p u r s u a n t t o s e c -
t i o n 2 - 7 2 b e r e d u c e d ; c o n d i t i o n s
a n d c r i t e r i a t h e r e f o r .
( a ) T h e o w n e r o f r e a l p r o p e r t y a g a i n s t w h i c h a
f i n e o r l i e n h a s b e e n i m p o s e d p u r s u a n t t o s e c t i o n
2 - 7 2 m a y a p p l y t o t h e s p e c i a l m a s t e r , t h r o u g h t h e
t o w n a t t o r n e y o r h i s / h e r d e s i g n e e , f o r a s a t i s f a c -
t i o n o f t h e f i n e o r l i e n w i t h l e s s t h a n f u l l p a y m e n t
t h e r e o f . N o s u c h a p p l i c a t i o n s h a l l b e c o n s i d e r e d
b y t h e s p e c i a l m a s t e r u n t i l t h e a p p l i c a n t h a s f i r s t
s h o w n t h a t :
( 1 ) A l l a d v a l o r e m p r o p e r t y t a x e s , s p e c i a l
a s s e s s m e n t s , t o w n u t i l i t y c h a r g e s a n d o t h e r
g o v e r n m e n t - i m p o s e d l i e n s a g a i n s t t h e s u b -
j e c t r e a l p r o p e r t y h a v e b e e n p a i d .
( 2 ) T h e a p p l i c a n t i s n o t p e r s o n a l l y i n d e b t e d
t o t h e t o w n f o r a n y r e a s o n .
( 3 ) A l l t o w n c o d e v i o l a t i o n s h a v e b e e n c o r -
r e c t e d u n d e r n e c e s s a r y p e r m i t s i s s u e d
t h e r e f o r .
§ 2 -76
GULF STREAM CODE
(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 master with less than full payment thereof,
unless the special master shall make a specific
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 master shall be paid on such terms as
approved by the special master.
(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 master may reduce such fine even if the
violation has not been corrected.
(Ord. No. 98 -3, § 1, 5- 14-98)
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 r
any person, firm or corporation violating any i
town ordinance as provided by existing laws. This
division shall be construed to be supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord. No. 98 -3, § 1, 5- 14 -98)
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 F.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-
nite term of imprisonment not to exceed 60 days,
in a municipal detention facility or other facility
as authorized by law.
(Ord. No. 98 -3, § 1, 5- 14 -98)
CD2:8
§ 2.70
GULF STREAM CODE
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. 98 -3, § 1, 5- 14 -98)
Sec. 2 -71. Powers.
The special master 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 respondent(s) 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. 98 -3, § 1, 5- 14-98)
Sec. 2 -72. Administrative fines, costs of re-
pair; liens.
(a) The special master, upon notification by
the code inspector that an order of the special
master 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 master 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
master. In addition, if the violation is a violation
described in subsection 2 -69(d) of this division,
the special master shall notify the local governing
CD2:6
body, which may make all reasonable repairs
which are required to bring the property into
compliance and charge the violator with the rea-
sonable 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, a hearing shall not be
necessary for issuance of the order imposing the
fine. If, after due notice and hearing, a special
master finds a violation to be irreparable 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-
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 master finds the violation
to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000.00 per viola-
tion.
(c) In determining the amount of the fine, if
any, the special master shall consider the follow-
ing 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
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 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
f
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
March 5, 2003
David Taylor
920 Indigo Point
Gulf Stream, Florida 33483
Dear Mr. Taylor:
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 a floating boat lift has been
recently placed at your residence. This particular installation
is not in conformity with the provisions of Section 66 -369 of
the Code of Ordinances of the Town of Gulf Stream, a copy of which
is attached, and must be removed as soon as possible.
Please contact this office at the phone number above and advise
the date for removal of the boat lift. We will be happy to
answer any questions you may have regarding the installation
of a conforming boat lift.
Thank you for your cooperation in this matter.
Very truly yours,
Rita L. Taylor(
Town Clerk
100 SEA ROAD, GULF STREAM, FLORIDA 33483
A,) (I u 6'�kfi I �t
co TA IN (j, ,o it lim.c.
FaxCover Sheet
TO:
David Taylor
920 Indigo Point
Gulf Stream, F1. 33483
Phone:
Fax Phone: 989 -0064
Date: 6 -18-03
Number of pages including cover sheet:
Rita Taylor
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone: 561 -276 -5116
Fax Phone: 561- 737 -0188
1
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
. Mr. Taylor:
We have your fax with regard to the Special Master Hearing on
June 23, 2003. It is your decision as to whether to attend the
hearing or not. Your attendance is not mandatory.
We will make an inspection of your property just before the
Hearing and if the floating boat lift is gone, the Town will
request that the Special Master not levy a fine. If it is
not gone, any action that is taken will be up to the Special
Master. If you are not present, you will be notified by mail
as to what action was taken.
nri einals to Follow by Mail: Yes
CC:
Fax Phone:
-91;
No
Jun 18 03 08:17a
O I G I'I. A I. I. R P t. (-1 It F1 R I I (y 1. 1) I N G 8 t N t.
() 11 C It U 1' KI A N 1) P. L A
FACSIMILE •rRAN SMiTTAI, SHF.I:T
6R!)M
TO: ))avid Taylor, 920 Indigo Point
Rita Taylor
nnn.
courANV: 21813/06/18
'touch of Mandela
'1'11'Ul. NO.1ry YMP•AIW;LV IIINC 1alVpm
rA5 NUMB"
56173701 AM 9`�9aaG�/ R
SKNUIiRN Kitt
'Fx1•.NLL VIIMNItN
111I11N1'. Nr'M[WK. DWl.
091 561 981) 0060
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K r:
Case Cc 2 -03
11IU:ENT ❑ I)llll KD;V IhW ❑ 1•LV.n<tf C11MMt.NT ❑ PI,IiASE ala`LY
❑ rl.I?ASE KKCYCI.E
Itita'raylor
1 refer to your registered letter dated June 4 2003,
Rte: Statement of violation and notice of hearing.
T confirm that 1 discussed this issue wilt you on Monday (" June: 2003, and explained the reas(ins
why the floating dock has to date rm)t been removed.
It is and always has been my inrrndem to remove the dtx;k under the first nyucst by The Cry of
Gulf Stream.
I am now back in dtc USA, and as stated tcicphollieally 1 rcyuestcd various Sea *f ow companies
To remove the Bock to no avail. .
However l shall have dtc dock towed by no later than Saturday 21" M03•
Pleasr mspund accordingly as to whether i would need to attend the hearing on Monday the 23'd
2W3,s01 can make artutgemrnts accordingly.
W
and (thief Executive Officer.
NOItT111AN '1'KVS'I I•I.AZA, 3111 YAMA'IYI R0At1
SI11TV 12411A. KOCA 11A'YON• ❑IAIKinA IISA.
P.1
A note irow...
MS RITA L TAYLOR
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.
AGENDA
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 violation of
Sec. 66 -101.
IV. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM SPECIAL MASTER 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
17 May 03 08:57 Digital Explorer +27 11 7889347 p.l
Phone. 27 82 777 0543
Fax 27 11 788 9347
FaX
To: Rita L Taylor, Town Of Gulf Stream From: David W Taylor
Fax: 561 737 0188 Gate: May 17, 2003
Phone•. 27 82 777 0543 Pages: 1
Re: Ref: 920 Indigo Point CC:
0 Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
Dear Mrs Taylor
Re: 920 Indigo Point Guff Stream
I refer to my letter dated April 29 2003, re the Floating boatli t moored at the abovementioned
property.
As per my personal visit to your offices and discussion I wish to verify that the Floating dock
will be removed as soon as possible.
Unfortunately due to the sea tow company being unreliable, I am still attempting to get them
to tow the dock away, however I assure you that I am trying my best to get the situation
resolved as soon as possible.
I have no doubt that I will have the issue resolved within the next week.
I appreciate your patience in this matter.
Regards t 11
David Taylor - I /V/
29 Rpr 03 11:32 Digital Explorer +27 11 7889347 p.l
Phone, 27 82 777 0543
Fax: 27 11 788 9347
Fax
To: Rita L Taylor, Town Of Gulf Stream From: David W Taylor
Fmc 561 737 0188 Date: April 29, 2003
Phone: 27 82 777 0543 Pages: 1
Re: Ref: 920 Indigo Point CC.
0 Urgent 0 For Review ❑ Please Comment ❑ please Reply
❑ Please Recycle
Dear Mrs Taylor
Re: 920 Indigo Point Gulf Stream
I refer to your letter dated March 5 2003, re the Floating boatliR moored at the
abovementioned property.
As per my personal visit to your offices and discussion I wish to verify that the Floating dock
will be removed as soon as possible.
Unfortunately I am overseas at the moment, which makes the task a bit more difficult,
however I assure you that I am trying my best to get the situation resolved as soon as
possible.
I have no doubt that I will have the issue resolved prior to May 15' 2003.
I appreciate your patience in this matter.
D id Ta or
Palm Beach County Property Appraiser Property Search System
Gary R. Nikolits, CFA
Palm Beach County Appraiser
Public Access System
- rroperry imormauon
Location Address: 920 INDIGO PT
Municipality: CITY OF GULFSTREAM
Parcel Control Number: 20- 43- 46- 04 -22- 000 -0670
Subdivision: PLACE AU SOLIEL
Official Records Book: 14540 Page: 1870 Sale Date: Dec -2002
Legal Description: PLACE AU SOLEIL LT 67
Page I of 2
owner mrormanon
Name: TAYLOR DAVID W &
Mailing Address: 920 INDIGO PT
DELRAY BEACH FL 33483 All Ovmars..
2002 Certified Appraisal
Structural...
4304
r Extra...
.00
Number of
Improvement Value:
$264,819
Owner
Dec -2002
14540
Units:
Land Value:
$319,000
Total Sq. Ft:
Market Value:
$583,819
Acres:
Use Code:
0100
Description:
N/LAA I �i•l• -J T
1
Structural...
4304
r Extra...
.00
Book
SINGLE FAMILY
Price Instrument
LYYL L el LII IGU I GA
Ad Valorem: $10,440.66
Non ad valorem: $104.00
Total: $10,544.66 octail..•
>. Certified Assessed & Taxable Values
Assessed Value: $550,686.00
Exemption amount: $25,000
Taxable: $525,686.00
Exemption Information Unavailable.
"aaies nrrormaoon
Sales Date
Book
Page
Price Instrument
Owner
Dec -2002
14540
1870
1060000 WD
TAYLOR DAVID W &
Mar -2000
11692
885
650000 WD
SORENSEN ALLAN & PHYLLIS
Jan -1969
01704
1296
20000 WD
Print Information
http: / /www.co. palm- beach.fl.uslpapalmainldetail_ info .asp ?p_entity = 20434604220000670 6/17/2003
Palm Beach County Property Appraiser Property Search System Page 1 of 1
Owner Detail
Owners
TAYLOR DAVID W &
TAYLOR HEATH R
Close
Print Information
http: / /www.co.palm- beach .fl.us / papa lmainlOwner_Info.asp ?entity_id = 2043460422000067... 6/17/2003
DIGITAL EXPLORER HOLDINGS, INC
David W. Taylor
500 East Broword Boulevard
84 Cadmarie Crescent
Suite 1800
Hyde Pork
Fort Lauderdale, FL 33394
Johannesburg
USA
South Africa
Tel: 954 332 2308
Fas: 27 11 7889347
Fos: 954 332 2309
()0 Cell: 27 82 777 0543
E -mail: dtlade @aol.mm
E -mail: davidtaylor@mweb.co.ra
GG -aGa
GULF STREA-M CODE
(c) All tennis courts shall be in conformity with
the setbacks required by the zoning district in
which it is located. Any tennis court located on
property fronting on SR AlA shall be subject to
the established 78 -foot centerline setback.
(d) Tennis courts shall be located on the same
lot or parcel of land as that of the main building.
In the event of contiguous lots or parcels, a unity
of title shall be recorded prior to issuance of a
building permit for either a main building or an
accessory structure which would cross lot lines.
(e) All tennis courts shall be enclosed by a
fence, open wall or equivalent barrier and in no
event shall a tennis court be exposed to open view
from any public roadway.
(Ord. No. 83 -1, § 2(X, I, 2), 4 -8 -83)
Sec. 66 -369. Docks.
In the single - family residential district, one
dock per lot of record shall be permitted in accor-
dance with the following:
(1) Site plan review required. All new docks
and significant alterations to existing docks
shall require site plan review and ap-
proval.
(2) Permitted as accessory use. Docks shall be
permitted only as an accessory use to
single- family dwellings for the exclusive
use of the dwelling's occupants (residents
and nonresident members of the occupant's
Family and resident guests at the dwell-
ing). Docks shall not be permitted on
vacant lots unless the vacant lot is adja-
cent to a developed lot under the same
ownership and a unity of title has been
recorded.
(3) Prohibited uses. Dockage of commercial
vessels or rental of dock space exclusive of
the dwelling and property shall be prohib-
ited.
(4) Docking parallel to seawall only. Docking
of vessels shall be permitted in a manner
so that the vessel is docked parallel to the
seawall. Docking in any other manner is
prohibited.
(5) Ancillary structures permitted. Ancillary
structures including handrails, steps, swim
ladders and up to a maximum of four
dolphins, one boat lift and one davit (or
alternatively two davits), two water hook-
ups, two electrical outlets in excess of 115
volts, two lights, and one dock box shall be
Supp. NO. 1 CD66:62
permitted in accordance with the provi-
sions of this chapter. Boathouses, fixed
covers, fixed benches, fixed fish cleaning
apparatus, fixed maintenance apparatus,
fuel pumps, sewage pump -outs, flagpoles
and diving platforms/boards shall be pro-
hibited.
(6) Location and dimensions.
a. Docks and all ancillary structures
shall comply with the required side
yard setbacks applicable to the lot.
b. Docks shall not project more than
five feet into any waterway and dol-
phins shall not project more than 25
feet into any waterway.
C. Docks shall be no higher than any
abutting seawall or 54a feet above
mean sea level, whichever is greater.
Ancillary handrails, steps and lights
shall not project more than four feet
above the dock.
d. A maximum of one dock box shall be
permitted which shall be no higher
than 30 inches and no larger than 24
cubic feet.
e. A maximum of one davit with up to
500 pounds lifting capacity shall be
permitted to be attached to a dock.
f. Boat lifts and davits which exceed
500 pounds lifting capacity shall be
attached only to seawalls or plat-
forms landward of the seawall.
g. Lights shall project downward at a
minimum 45- degree angle from the
horizontal plane tangent to the top
of the light source.
h. Subject to level one site plan ap-
proval, a maximum of one floating
platform may be permitted in lieu of
davits for the purpose of storing small
watercrafts. The floating platform
shall be constructed of non - ferrous
material, be black in color, and may
not rise more than 12 inches out of
the water. No more than two water-
crafts of a maximum length of 14
feet shall be stored on the floating
platform. The platform dimensions
shall not exceed eight feet in width
or 16 feet in length. All watercrafts
shall be stored parallel to the sea-
,1
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone (561) 276 -5116 Fax (561) 737 -0188
CODE ENFORCEMENT SPECIAL MASTER
TOWN OF GULF STREAM, FLORIDA
CASE: CE 2 -03 June 4.2003
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned herby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) and more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFOECEMENT SPECIAL MASTER
of the Town.
1. Location/Address where violation(s) exist(s): 920 Indigo Point, Gulf Stream, Florida 33483
2. Legal Description: Lot #67, Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s): David W. &Heath
Taylor, 920 Indigo Point, Gulf Stream, Florida 33483
4. Violation of Town Code Section(s) and description(s): A floating boat lift is moored in violation
of Sec. 66- 369(6)f in that a lift or davit which exceeds 500 lbs. lifting capacity shall be attached
only to seawalls or platforms landward of the seawall Sec 66- 369(6)h permits 1 floating platform
constructed of non - ferrous material, black in color, that does not rise more than 12" out of the water
and does not exceed 8' in width and/or 16" in length but this floating boat lift does not conform to
any of these provisions.
(SEE ATTACHED `EXHIBIT OF VIOLATIONS ")
5. Date of first inspection: 3 -5- 03,3 -24 -03 & 6 -4 -03
6. Date owner first notified of violation(s): 3 -5 -03.3 -24-03
7. Date on/by, which violations are to be corrected: 4 -9 -03
*********** * * * * * * * * * * * * * * * * * * * * * *EgPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Unless the violator corrects the violation(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 Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A
PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of
Gulf Stream Code Enforcement Special master on 6 -23 -03 at 10 A.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.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer
allegations that you have violated the above 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.
l A-14C�k
William H. Thrasher, own 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 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 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 HEREIN 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, he /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 Master 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 MASTER TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Master with respect to any matters
considered at subject meeting, they will 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 ACCORDINGLY
I`
By: Rita aylo own Clerk
Town of Gu f Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116