HomeMy Public PortalAbout03/11/2003 * Case #CE-1-03 * BrennerTOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
one)
CASE NO. 1 -03
LOCATION OF VIOLATION:
915 Indigo Point
Gulf Stream, Florida 33483
I,
March 11, 2003
William Thrasher , have personally examined the property described above and
(Town Official/Inspector)
Find that said property is (NOT) OW n compliance with Section(s )66-416 (a) (2)f the
Code of the Town of Gulf Stream as of the 1 n +h day of March ,20o3
I
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this l i +h day of
20 n_ by William Thrasher Town Official/Inspector,
vho is personally known to r who has produced a Florida driver's license as
idenff cation w o i i no ake an oath.
(SEAL)
ARV Fl Nat 7 -I. 'INM
�Y Semm d Banning inc
2h L L�L .
NOTARY PUBLIC
State of Florida
r .
CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
TOWN OF GULF STREAM,
Petitioner,
V.
ORDER FINDING VIOLATION
Case No. CE -1 -03
CARL G. and PATRICIA E. BRENNER,
Respondents.
Re: Violation of Section 66-416 (a)(2) of the Code of Ordinances of the Town of Gulf Stream.
Address: 915 Indigo Point
Gulf Stream, Florida
Legal Description: Lot 75 Place Au Soleil Subdivision
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 13`h day of March, 2003, and based on the evidence
and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and
ORDER are hereby entered:
FINDINGS OF FACT
1. The Respondents, Carl G. and Patricia E. Brenner, were not present at the
hearing, however, there was a finding of proper notice.
2. The Town Manager, William Thrasher, testified and introduced exhibits and
photographs of the violation.
CONCLUSIONS OF LAW
Respondents are in violation of Section 66 -416 (a)(2) of the Code of Ordinances of
the Town of Gulf Stream.
It is the Order of the Code Enforcement Special Master that Respondents, Carl G. and
Patricia E. Brenner, shall immediately comply with Section 66 -416 (a)(2) of the Code of
Ordinances of the Town of Gulf Stream.
If Respondents do not complywithin the time specified, a fine of up to two hundred
fifty dollars ($250.00) per day; five hundred ($500.00) per day for repeat violators, maybe assessed
for each day the violation continues to exist.
If Respondents do not comply within the time specified, a Fine Assessment Hearing
will be held before the Special Master at the Town of Gulf Stream, 100 Sea Road, Gulf Stream,
Florida 33483.
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 13'h day of March 2003.
TOWN OF GULF STREAM
CODE ENFORCEMENT
BY:(i
Special Master
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
March 13, 2003
Rita Taylor, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Re: Code Enforcement Hearing
March 13, 2003
Dear Rita:
Telephone
(561) 686 -8700
Telefax
(561) 686 -8764
Email:
Glen@torcivialaw.com
Enclosedplease find the Order for the Code Enforcement Hearing that was held on Thursday,
March 13, 2003.
If you have any questions, please feel free to contact me.
Sincerely,
Paulette Torcivia
PT:dm
enclosure
RETURN RECEIPT
Article AddFessed To: Article Number
Carl 119
91S,Tndiao Po. t. f Stream, FL
Sianature (addressee)
Date of Delivery
��q�o3
Signature of Agent
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 17, 2003
Mr. Carl Brenner
915 Indigo Point
Gulf Stream, F1. 33483
Dear Mr. Brenner:
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 the correction of
the code violations at the above address, cited under Case #1 -03.
These violations were the parking of a recreational vehicle on your
property that exceeded 8 feet in height and which was not fully
screened from off premises view.
At the hearing held on March 13, 2003 you were found in non - compliance
but no fines were assessed since you corrected the violations prior to
the hearing date. However, the Special Master, Paulette Torcivia,
ordered that in the event there are repeated violations, a fine of
$500.00 per day may be assessed for each day the violation continues
to exist.
Very truly yours,
/_
Rita L. Taylor
Town Clerk
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
f& . ' d
M I N U T E S O F T H E C O D E V I O L A T I O N H E A R I N G H E L D B Y T H E S P E C I A L
M A S T E R O F T H E T O W N O F G U L F S T R E A M O N T H U R S D A Y , M A R C H 1 3 , 2 0 0 3
A T 1 0 : 0 0 A . M . , I N T H E C O M M I S S I O N C H A M B E R S O F T H E T O W N H A L L , 1 0 0
S E A R O A D , G U L F S T R E A M , F L O R I D A .
S p e c i a l M a s t e r P a u l e t t e T o r c i v i a a n n o u n c e d t h a t t h e c a s e b e i n g h e a r d i s C a s e N o . C E - 1 -
0 3 , a d d r e s s i n g a c o d e v i o l a t i o n a t 9 1 5 I n d i g o P o i n t , L o t 7 5 P l a c e A u S o l e i l S u b d i v i s i o n ,
G u l f S t r e a m , F l o r i d a , t h a t i s o w n e d b y C a r l G . a n d P a t r i c i a E . B r e n n e r . S h e a n n o u n c e d
f o r t h e r e c o r d t h a t t h e r e s p o n d e n t s w e r e n o t p r e s e n t . A t t o r n e y T o r c i v i a a s k e d t h e
P e t i t i o n e r , T o w n o f G u l f S t r e a m , t o p r e s e n t t h e f a c t s o f t h i s c a s e .
A t t o r n e y J o h n R a n d o l p h , A t t o r n e y f o r t h e T o w n o f G u l f S t r e a m , p r e s e n t e d a c o p y o f t h e
S t a t e m e n t o f V i o l a t i o n a n d N o t i c e o f H e a r i n g a l o n g w i t h a r e t u r n r e c e i p t s i g n e d b y C a r l
B r e n n e r o n M a r c h 4 , 2 0 0 3 a t 6 : 1 0 P . M . a n d t h e S p e c i a l M a s t e r r u l e d t h a t p r o p e r n o t i c e
h a d b e e n g i v e n a n d m a r k e d t h e d o c u m e n t ( s ) a s E x h i b i t # 1 f o r t h e T o w n o f G u l f S t r e a m .
T h e v i o l a t i o n d e s c r i b e d i n E x h i b i t # 1 i s t h a t a m o t o r h o m e i s p a r k e d o n t h e w e s t s i d e o f
t h i s r e s i d e n c e i n v i o l a t i o n o f S e c t i o n 6 6 4 1 6 ( a ) ( 2 ) i n t h a t t h e v e h i c l e e x c e e d s t h e
m a x i m u m p e r m i t t e d 8 f e e t i n h e i g h t a n d i s n o t f u l l y s c r e e n e d f r o m o f f p r e m i s e s v i e w .
A t t o r n e y R a n d o l p h t h e n p r e s e n t e d a c o p y o f t h e f i r s t N o t i c e o f V i o l a t i o n a n d a r e t u r n
r e c e i p t d a t e d F e b r u a r y 1 2 , 2 0 0 3 t h a t w a s a l s o s i g n e d b y C a r l B r e n n e r a n d a c c e p t e d a s
E x h i b i t # 2 f o r t h e T o w n o f G u l f S t r e a m .
A C o u r t e s y N o t i c e d a t e d D e c e m b e r 2 6 , 2 0 0 2 w i t h a c o p y o f S e c t i o n 6 6 - 4 1 6 ( a ) ( 2 ) o f t h e
T o w n ' s C o d e o f O r d i n a n c e s a t t a c h e d , r e l a t i n g t o t h e p a r k i n g o f v e h i c l e s , w a s p r e s e n t e d
i n e v i d e n c e a n d a c c e p t e d a s E x h i b i t # 3 f o r t h e T o w n o f G u l f S t r e a m .
T w o p h o t o g r a p h s t a k e n b y T o w n M a n a g e r T h r a s h e r o n M a r c h 4 , 2 0 0 3 , s h o w i n g t h e
m o t o r h o m e p a r k e d a l o n g t h e s i d e o f t h e h o u s e , w e r e p r e s e n t e d a n d m a r k e d a s E x h i b i t # 4
f o r t h e T o w n o f G u l f S t r e a m . A t t o r n e y R a n d o l p h t h e n a s k e d T o w n M a n a g e r T h r a s h e r t o
t e s t i f y a s t o t h e v i o l a t i o n .
M r . T h r a s h e r t e s t i f i e d t h a t h e h a d o b s e r v e d t h e r e c r e a t i o n a l v e h i c l e p a r k e d a t 9 1 5 I n d i g o
P o i n t i n v i o l a t i o n o f t h e C o d e S e c t i o n p r e v i o u s l y s t a t e d a n d t h a t t h e v e h i c l e i s m o r e t h a n
8 ' i n h e i g h t a n d i s n o t p r o p e r l y s c r e e n e d f r o m o f f p r e m i s e s v i e w . H e f u r t h e r t e s t i f i e d t h a t
h e h a d s p o k e n d i r e c t l y t o M r . B r e n n e r i n t h e p r e s e n c e o f C h i e f W a r d o n J a n u a r y 3 , 2 0 0 3
a s a r e s u l t o f t h e C o u r t e s y N o t i c e M r . B r e n n e r h a d r e c e i v e d . M r . B r e n n e r h a d s t a t e d a t
t h a t t i m e t h a t M r . T h r a s h e r h a d a m i s u n d e r s t a n d i n g o f t h i s i s s u e i n t h a t h i s m o t o r h o m e
w a s g r a n d f a t h e r e d a s a r e s u l t o f t h e O r d i n a n c e h a v i n g b e e n a d o p t e d a f t e r h e h a d
p u r c h a s e d t h e v e h i c l e , a n d h e w o u l d n o t b e m o v i n g t h e v e h i c l e t o a n o t h e r l o c a t i o n . M r .
T h r a s h e r r e p o r t e d t h a t h e h a d o b s e r v e d t h e m o t o r h o m e i n t h i s l o c a t i o n o f f a n d o n s i n c e
J u n e 2 0 0 1 a s h e t o u r s t h e a r e a w e e k l y . T h e v e h i c l e w a s s t i l l p a r k e d o n M a r c h 4 , 2 0 0 3 ,
w h e n t h e p h o t o s w e r e t a k e n , e v e n t h o u g h t w o d e a d l i n e s f o r c o r r e c t i n g t h e v i o l a t i o n s h a d
p a s s e d , J a n u a r y 3 1 , 2 0 0 3 a n d F e b r u a r y 2 7 , 2 0 0 3 . H e f u r t h e r r e p o r t e d t h a t o n h i s t o u r o f
t h e a r e a M a r c h 1 0 , 2 0 0 3 , t h e m o t o r h o m e w a s n o l o n g e r p a r k e d a t t h i s a d d r e s s .
At being asked by the Special Master what was being recommended, Attorney Randolph
replied that they would like entered, an order of non - compliance with a finding that in the
event the motor home does return, a fine can be imposed from the date of subsequent
non - compliance, forward. Mr. Randolph explained that another reason for requesting this
order, even though the motor home has been moved, is that this vehicle is portable and it
is unknown when it may come back. If there is another violation, we would like to be in
a position to come here as a repeat violation as opposed to an initial violation, he said.
FINDINGS:
Special Master Torcivia found there is violation in this case. Mr. Brenner is to
immediately comply in the event the motor home is back this date. She stated that in her
Order, she will show the amount set and that should this happen again, it will be a repeat
violation and no less than the amount set by Ordinance will be assessed per day.
Attorney Randolph asked that it be a matter of record that Mr. Brenner had been notified
in advance that since he had moved the motor home from his property, the Town would
not be asking for a fine unless there is a repeat violation.
This concluded the hearing.
Rita L. Taylor, To Jerk
Palm Beach County Property Appraiser Property Search System
Gary R. Nikolits, CFA
Palm Beach County Appraiser
Public Access System
1peny mrormauon
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 1 of 2
Owner Information
Name: TAYLOR DAVID W &
Mailing Address: 920 INDIGO PT
DELRAY BEACH FL 33483 All Owners..
-2002 Certified Tax
Ad Valorem: $10,440.66
Non ad valorem: $104.00
Total: $10,544.66 oetail...
2002 Certified Assessed & Taxable Values
Assessed Value: $550,686.00
Exemption amount: $25,000
Taxable: $525,686.00
Exemption Information Unavailable.
-Sales Information
Improvement Value:
$264,819
Number of 1
structural...
Owner
Dec -2002
Units:
1870
Land Value:
$319,000
Total Sq. Ft: 4304
Extrs...
Market Value:
$583,819
Acres: .00
Jan -1969
Use Code:
0100
Description: SINGLE FAMILY
-2002 Certified Tax
Ad Valorem: $10,440.66
Non ad valorem: $104.00
Total: $10,544.66 oetail...
2002 Certified Assessed & Taxable Values
Assessed Value: $550,686.00
Exemption amount: $25,000
Taxable: $525,686.00
Exemption Information Unavailable.
-Sales Information
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 6/3/2003
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.uslpapalmainlOwner_Info. asp ?entity_id = 20434604220000670... 6/3/2003
0
Fh
w
m
0
In
d
p` a
rt
a m
C o
d
m
� r
" c
0 m
3
m
N
m
r
Ln
r M
rr
o � m
w
n
m
m
N
�r a
E H
m
C
Li
w
w �
rt
rt
r r
m (D
z
m
H
� a
r+
m
0
rn
d
m
H
N•
4
m
n
IV
C
(I
H
ro
H
a
a
n
m
N
N
m
a
H H
O C
n
H
ro
H
R
Ir 0
L m
z
m
at
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 1 -03
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Fax (561) 737 -0188
March 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): 915 Indigo Point, Gulf Stream, FL 33483
2. Legal Description: Lot 75 Place An Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s): Carl G. and
Patricia E. Brenner, 915 Indigo Point, Gulf Stream FL 33483
4. Violation of Town Code Section(s) and description(s): A motor home is narked on the west
Side of this residence in violation of Section 66 -416 Paragraph (2) in that the vehicle
exceeds the maximum permitted 8 feet in height and is not fully screened from off
premises view.
(SEE ATTACHED "EXHIBIT OF VIOLATIONS ")
5. Date of first inspection: 11 -29 -01 (viol. Corrected),11 -12 -02 & 12 -17 -02 (Officer Haselev)
6. Date owner first notified of violation(s): 11 -12 -02 (verbal - Officer Haselev) 12 -26 -02
(Courtesy Notice), 2 -12 -03 (Notice of Violation)
7. Date on/by, which violations are to be corrected: 1 -31 -03 and 2 -26 -03
********** * * * * * * * * * * * * * * * * * * * * * * *1MPOTANT 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 March 13.2003 at 10:00 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�
William H. Thrasher, Town Manager
Town of Gulf Stream
T-i�-
I
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
March 5. 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.
I£ 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 Ta r, Town Clerk
Town o Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED 8. DEVITT III
ROBERT W. HOPKINS II
WILLIAM A. LYNCH
February 12, 2003
Mr. Carl Brenner
915 Indigo Point
Gulf Stream, FL 33483
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
RE: Recreational Vehicle Parking
Dear Mr. Brenner:
HAND DELIVERY
Telephone
(561) 276 -5116
Fax
(561) 737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
On December 26, 2002 we sent a courtesy notice to you advising that
your recreational vehicle is not fully screened from off premises
view as is required in Section 66- 416(a)(2) of the Town's Code of
Ordinances. In view of this you were requested to remove the
vehicle by January 31, 2003 to avoid a Notice of Violation. As of
this date, the vehicle has not been removed.
Also in Section 66- 416(a)(2) there is a provision that the vehicle
shall not exceed 8 feet in height. It appears that your vehicle
exceeds the 8 feet and if so, screening is not a solution.
This is to be considered official notice to correct these violations
by removing the vehicle 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.
Very truly yours,
William Thrasher
Town Manager
�y ` 100 SEA ROAD, GULF STREAM, FLORIDA 33483
960-398
Sec. 66 -398. Accessways.
GULF STREAM CODE
Necessary accessways from public rights -of-
way through all required landscaped areas shall
be permitted to service the open land use.
(Ord. No. 83 -1, § 2(X, L, 4), 4 -8 -83)
Sec. 66.399. Irrigation.
All landscaped areas and plantings shall be
provided with facilities for irrigation, automatic
or at least one hose connection within 100 feet of
every landscaped area sufficient to reach every
portion of the landscaping.
(Ord. No. 83 -1, § 2(X, L, 5), 4 -8 -83)
Sec. 66 -400. Parking areas.
(a) In open parking areas there shall be one
minimum five -foot by five -foot tree planting area
for each 20 parking spaces. Trees of the species
designated by the town shall be planted in each
planting area and meet the landscaping require-
ments of the town.
(b) In parking areas where an off - street park-
ing area adjoins or abuts property under different
ownership or use, a landscaped planting strip not
less than five feet wide maintained in good con-
dition with a hedge at a minimum height of three
feet shall be required.
(Ord. No. 83 -1, § 2(X, L, 6, 7), 4 -8 -83)
Sec. 66 -401. Use of native vegetation.
The town shall require the use of native vege-
tation, wherever possible, in landscaped areas.
(Ord. No. 83 -1, § 2(X, L, 8), 4 -8 -83)
Sec. 66 -402. Existing trees.
Existing trees shall be conserved and inte-
grated into the landscaping design plan wherever
practical.
(Ord. No. 83 -1, § 2(X, L, 9), 4 -8 -83)
Secs. 66- 403-66 -415. Reserved.
DIVISION 5. PARKING'
Sec. 66 -416. Parking of recreational equip-
ment or commercial vehi-
cles—On property.
(a) Panel trucks, pickup trucks, vans or simi-
lar types of trucks and commercial vehicles of not
over three - quarter -ton rated capacity and recre-
•Cross references— Parking of recreational equipment or
commercial vehicles, § 30 -36 et seq.; motor vehicle traffic
prohibited on beaches, § 38 -26.
Supp. No. 1 CD66:64
ational, boating and camping equipment in the
form of travel and camping trailers, boats on
trailers and truck trailers designed and used as
temporary living quarters for recreation, boating,
camping or travel use may be parked on a lot
containing a single- family residence in the resi-
dential districts subject to the following condi-
tions:
(1) The equipment must be owned by and
used primarily by a resident of the pre-
mises; provided however, that a guest of
the resident of the premises may park
such equipment in the front yard for not
more than three days in any 14 -day pe-
riod. For the purpose of this division, any
part of a 24 -hour period measured from
12:00 midnight to 12:00 midnight shall be
considered as one day.
(2) The location for such parked equipment
shall be in the rear yard or in the side
yard to the rear of a line established by
the front building line adjacent to the side
yard where the equipment is located; pro-
vided, however, that on comer lots such
equipment shall not be parked on the side
yard which faces a public street, and also
provided that such parked equipment shall
not exceed eight feet in height and shall
be fully screened from off - premises view.
(3) Such equipment and the area of parking
shall be maintained in a clean, neat and
presentable manner and the equipment
shall be in a usable condition at all times.
(4) Such equipment shall at all times have
attached a current vehicle registration
license plate and if required a current
inspection sticker.
(5) No major repair or overhaul work on such
equipment which constitutes either a pub-
lic or private nuisance shall be made or
performed on the site.
(6) When parked on the site such equipment
shall not be used for living or sleeping
quarters or for housekeeping or storage
purposes and shall not have attached
thereto any service connection lines ex-
cept as may periodically be required to
maintain the equipment and appliances.
(7) None of the vehicles or equipment de-
scribed in this section may be parked in
the area between the street plot line and
the structure; however one of the vehicles
described herein may be parked in the
front yard driveway for a period not ex-
ceeding four hours in any one 24 -hour
period.
(8) None of the vehicles or equipment de-
scribed in this section may be parked on a
vacant lot within the town; however, such
equipment may be parked on a lot adja-
cent to a lot containing a single - family
residence subject to a unity of title being
executed by the owner thereto and re-
corded in the public records of the county,
such unity of title tying thereto the vacant
lot and the adjacent property containing
the single - family residence. Any of the
equipment described in this section which
is parked on the vacant lot shall comply
with all provisions of this section.
(b) This section shall not apply to the parking
of vans and similar types of vehicles used prima-
rily for personal transportation rather than com-
mercial purposes.
(Ord. No. 83 -1, § 2(X, L, 1), 4 -8 -83; Ord. No. 92 -4,
§ 2, 9- 28 -92; Ord. No. 00 -1, § 22, 3- 10 -00)
Sec. 66 -417. Same —On public property; ex-
ceptions.
(a) No commercial vehicle or truck over three -
quarter -ton rated capacity, may be parked on any
property or right -of -way within the town.
(b) This restriction shall not apply to:
(1) The temporary parking of such vehicles
on private property in residential areas
whereon construction is underway for
which a current and valid building permit
has been issued by the town and such
permit is properly displayed on the pre-
mises.
(2) Routine deliveries by tradesmen or the
use of trucks in making service calls,
providing that such time period is actu-
ally in the course of business deliveries or
servicing, as the case may be.
(3) The parking of emergency vehicles, pro-
viding that the time parked is actually
necessary for the emergency.
(4) A situation where such vehicle becomes
disabled and, as a result of such emer-
gency, is required to be parked within a
residential district for longer than the
time allowed herein. However, any such
vehicles shall be removed from the resi-
dential district within 24 hours by wrecker
ZONING § 66446
towing, if necessary, regardless of the na-
ture of the emergency; and the cost of
such towing shall be at the expense of the
owner of the vehicle.
(Ord. No. 83 -1, § 2(X, L, 2), 4 -8 -83)
Secs. 66- 418 - 66430. Reserved.
DIVISION 6. SETBACKS
Sec. 66 -431. State Road AIA,
(a) There is hereby fixed the setback distance
for the construction and erection of buildings and
improvements along the right -of -way of State
Road AIA through the town at 78 feet from the
centerline of the road unless otherwise specified
in the Code.
(b) No building permit shall be granted by the
town for the construction of buildings or other
improvements within 78 feet of the centerline of
State Road AIA.
(c) Any buildings, improvements or facilities
now existing which are located within a distance
of less than 78 feet from the centerline of State
Road AlA are classified as nonconforming uses,
but such uses shall not be extended and all future
changes or alterations shall conform to the set-
back line..
(Ord. No. 83 -1, § 2(X, D, 1-3), 4 -8 -83; Ord. No.
00 -1, § 23, 3- 10 -00)
Sec. 66 -432. Coastal areas.
Construction in coastal areas of the town must
comply with all of the provisions of the "Palm
Beach County Coastal Construction and Excava-
tion Setback Ordinance No. 72 -12" and the con-
struction control line established by the state
bureau of beaches and shores, which ordinance or
its successor shall prevail in the absence of a
conflicting town ordinance.
(Ord. No. 83 -1, § 2(X, D, 2), 4 -8 -83)
Secs. 66- 433 - 66.445. Reserved.
DIVISION 7. SIGNS
Sec. 66446. Restriction generally.
(a) The erection, display and maintenance of a
sign on any property or building within the town
is prohibited except the following, which are per-
mitted:
Supp. No. 1 CD66:65
(1) Signs required by the town or other gov-
ernmental agencies where required by
da
;
°
:
0
0-00
k.
,.
-
/
/m
0
§
§7
z
—00
�
q0
M
"
�)
(\
m
C3
M0
;
/\
7
];
0000
222222
;
/)
M
\
§
/
m
]
_
�z�
\`�
0
{
z
20
ƒ�
oQ
r_ CD
.
m
(D \
$\
� 2 7
��
I/
2
;£
cl
2P
°
\\
o
!
0
s/
w
^
o
§§
39
k
Q
m
d
M[
o
F
22
( \
7
:)
\
C3
§/k
((/
m cl
- -I
}§
;
[
,
_
-
0C3
0
0
0
m0
()
§
)
§
m
;02
§o§
-�
\
)
§
/�2
})_
0
§
j
cn
) \\
\
\
)
�k�
\
0
(§`
\
°
2/
-
C3
z
\
m
(n
\\
`(
_
/n
0
�9
°: c
/ K
cn
02
-
�2l0
Oo O
§)
(
§ ;m2
$ƒ)\
0�
7§@$
b0
!;
`
@oM
, o
§
~®
M U
\
0
z
�>
(a
-iM
k
m
OOEk
7
-
me0
om=°
§
? §5
(
§
20
§C
m2)
m
0
���
m
z
��
\3
M
U§
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
ROBERT W. HOPKINS II
WILLIAM A. LYNCH
December 26, 2002
Mr. Carl Brenner
915 Indigo Point
Gulf Stream, FL 33483
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COURTESY NOTICE
Re: Recreational Vehicle Parking
Dear Mr. Brenner:
This is to advise you that Section 66- 416(a)(2) of the Town's Code of Ordinances
requires that "parked equipment be fully screened from off premises view" (copy
attached).
Telephone
(561) 276 -5116
Fax
(561) 737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Based on the size of the vehicle, it does not appear possible to fully screen the vehicle as
required by Ordinance.
You are respectfully requested to remove the recreational vehicle by January 31, 2003, to
avoid a Notice of Violation.
Please call Town Hall at 276 -5116 if you have any questions.
Attachment
r 100 SEA ROAD, GULF STREAM, FLORIDA 33483
A-,
i 66-396' It
Dec. 66 -398. Accessways.
aln.r COOS
Necessary accessways from public rights -of-
,vay through all required landscaped areas shall
3e permitted to service the open land use.
Ord. No. 83 -1, § 2(X, L, 4), 4 -8 -83)
Dec. 66 -399. Irrigation.
All landscaped areas and plantings shall be
3rovided with facilities for irrigation, automatic
)r at least one hose connection within 100 feet of
every landscaped area sufficient to reach every
)ortion of the landscaping.
Ord. No. 83 -1, § 2(X, L, 5), 4 -8 -83)
Sec. 66 -400. Parking areas.
(a) In open parking areas there shall be one
ninimum five -foot by five -foot tree planting area
br each 20 parking spaces. Trees of the species
lesignated by the town shall be planted in each
Aanting area and meet the landscaping require -
nents of the town.
(b) In parking areas where an off - street park -
ng area adjoins or abuts property under different
wnership or use, a landscaped planting strip not
ass than five feet wide maintained in good con -
,ition with a hedge at a minimum height of three
aet shall be required.
Ord. No. 83 -1, § 2(X, L, 6, 7), 4 -8 -83)
iec. 66 -401. Use of native vegetation.
The town shall require the use of native vege-
stion, wherever possible, in landscaped areas.
Drd. No. 83 -1, § 2(X, L, 8), 4 -8 -83)
'ec. 66 -402. Existing trees.
Existing trees shall be conserved and inte-
rated into the landscaping design plan wherever
ractical.
Ord. No. 83 -1, § 2(X, L, 9), 4 -8 -83)
ecs. 66- 403 -66 -415. Reserved.
DIVISION 5. PARKING*
ec. 66 -416. Parking of recreational equip-
ment or commercial vehi-
cles —On property.
(a) Panel trucks, pickup trucks, vans or simi-
r types of trucks and commercial vehicles of not
per three - quarter -ton rated capacity and recre-
•Cross references — Parking of recreational equipment or
mmercial vehicles, § 30.36 at seq.; motor vehicle traffic
ohibited on beaches, § 38.26.
ipp. No. 1 CD66:64
ational, boating and camping equipment in the
form of travel and camping trailers, boats on
trailers and truck trailers designed and used as
temporary living quarters for recreation, boating,
camping or travel use may be parked on a lot
containing a single- family residence in the resi-
dential districts subject to the following condi-
tions:
(1) The equipment must be owned by and
used primarily by a resident of the pre-
mises; provided however, that a guest of
the resident of the premises may park
such equipment in the front yard for not
more than three days in any 14 -day pe-
riod. For the purpose of this division, any
part of a 24 -hour period measured from
12:00 midnight to 12:00 midnight shall be
considered as one day.
(2) The location for such parked equipment
shall be in the rear yard or in the side
yard to the rear of a line established by
the front building line adjacent to the side
yard where the equipment is located; pro-
vided, however, that on corner lots such
equipment shall not be parked on the side
yard which faces a public street, and also
provided that such parked equipment shall
not exceed eight feet in height and shall
be fully screened from off - premises view.
(3) Such equipment and the area of parking
shall be maintained in a clean, neat and
presentable manner and the equipment
shall be in a usable condition at all times.
(4) Such equipment shall at all times have
attached a current vehicle registration
license plate and if required a current
inspection sticker.
(5) No major repair or overhaul work on such
equipment which constitutes either a pub-
lic or private nuisance shall be made or
performed on the site.
(6) When parked on the site such equipment
shall not be used for living or sleeping
quarters or for housekeeping or storage
purposes and shall not have attached
thereto any service connection lines ex-
cept as may periodically be required to
maintain the equipment and appliances.
(7) None of the vehicles or equipment de-
scribed in this section may be parked in
the area between the street plot line and
the structure; however one of the vehicles
described herein may be parked in the
"T r=� �