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Home My Public Portal About09/23/2005 * Case #CE-3-05 * LavoieTOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE OR NON - COMPLIANCE (circle one) CASE NO. a -n5 LOCATION OF VIOLATION: Richard Lavoie 2775 Avenue Au Soleil Gulf Stream. Florida 33483 DATE: September 23, 2005 I, William Thrasher , have personally examined the property described above and (Town Official/Inspector) Find that said property is ( (NOW) n compliance with Sectiou(s) 22 -31(4) of the Code of the Town of Gulf Stream a he 23rd day of _ September 2005 Affiaut STATE OF FLORIDA COUNTY OF PALM BEACH' The foregoing instrument was acknowledged before me this 23rd day of September 20 05 by William Thrasher Town Official/Inspector, who is personally known to me or who has produced a Florida driver's license as identification who did /did not take an oath. p ZO1'R'P`'(, RITA L. TAYLOR (SEAL) -- MYCOMMISMONS 1)1)118.211' m N/ �o BOU3PAS EXPIRES F..,,,.I.vw� NOTARY PUBLIC t- NOTRRY F� Nolary Service 6 bonamg i,c State of Florida COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT 111 ROBERT W. HOPKINS II WILLIAM A. LYNCH STATE OF FLORIDA COUNTY OF PALM BEACH TOWN OF GULF STREAM TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA AFFIDAVIT Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR BEFORE ME THIS DAY PERSONALLY APPEARED Rita L. Taylor, WHO BEING DULY SWORN, DEPOSES AND SAYS THAT THE ACCOMPANYING'NOTICE OF REPEAT VIOLATION" ADDRESSED TO MR. RICHARD LAVOIE HAS BEEN POSTED ON THE NOTICE BOARD AT THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA AND HAS ALSO BEEN POSTED ON THE FRONT LAWN AT 2775 AVENUE AU SOLEIL, GULF STREAM, FLORIDA, THAT BEING THE PROPERTY OWNED BY MR. LAVOIE. FURTHER AFFIANT SAYETH NOT. (Signature) SWORN TO AND SUBSCRIBED BEFORE ME THIS 17th DAY OF August, 2005. (Notary Public) MY COMMISSION EXPIRES: ♦�Yt,P LINDA SUE HARVEL MY COMMISSION Y DD 100016 ?ande EXPIRES: April 6,2006 ARY R SaMma6WK6V.lrn 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH September 30, 2005 Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 276-5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR This is to acknowledge receipt of your check X1280 in the amount of $4,000.00 in full payment of the fine that was assessed by the Special Master in relation to your code violation assigned Case # CE 3 -05. Thank you for promptly correcting the violation and paying the related fine in a timely manner. Very truly yours, ita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 . , y -1, , 2 ¥ « =m /< 0-0� § � ` 2\\ § / () 322 @k2 ee0 ) m § �� ke)mm, a 3 �3§ �`' 2 ` m` ` oa >� \b f e § 2 R§`� ®� ; [/> ] /� f \ \ ] q /Em> { §\\ 0 ( k� z ° ° z*® m ° k b > " ( ; ; {){ /k f)( �� La 7§/ j M2} m ; 0 k - Zo $§ e e - M -0 4 0 n § °` m° m \}) k)( \ ; ;/ -§§ -§m -\ g) \ mzo § \ \) }\/ z� _ §k§§ M / ))\ eo` eo` . m o ;/§ : §§§ : eN c §q: § §�/ m / 7 § \)) / \ § } �G 0mm { 7 i> < ® // - 2 e.Z ! \\ k �_ §/ - e § Ie k - M� \E2 - 2 /,o 2 \} !`m $) \) §G §) @) §/ ®n, \`7 §Q a■0> m M» ( 2V* § )> o 9/ G§ ` §) ) 222-1 [a - oem� ) \c e, {2 k�2 k �2( a§ 2 /Nk` ` ` `)( M ]§ \` \` )§ 0 W w r; F n hry En Lo (D InD r 4 ` m h C N V e. l d w rt m 0 M 0 m Fl- (D K n J � 0 N n 0 H m C a> G N N N m F rp W � 00 H. rt y O Q z 9 H ro H rt rt �0 uJ H w fD z cr m n 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 Case CE3 -05 September 23, 2005 Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 276 -5116 Fu (561) 737 -0186 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR HAND DELIVERED #153 Enclosed is a copy of Order Finding Repeat Violation of Section 22 -31(4) at 2775 Avenue Au Soleil as issued by the Special Master on September 20, 2005. Also enclosed is an Affidavit of Compliance with Section 22 -31(4) as of September 23, 2005. The violation was for a deteriorating and unsightly lawn which was replaced with new sod as of this date. As stated in the enclosed Order, a fine for the violation was assessed at $250.00 per day commencing on September 7, 2005 through September 22, 2005, a total of 16 days. The Total amount due the Town of Gulf Stream is $4,000.00. Your check is to be made payable to the Town of Gulf Stream and must be received no later than October 3, 2005. Very truly yours, Rita L Taylor Town Clerk UUU Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 RETURN RECEIPT Article Addressed to: Article Number Ricbard Lavoie 153 2775 Avenue Au Soleil Gulf Stream, FL 33483 Date of Delivery Sture (addressee) on y� c Signature of Agent CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING REPEAT VIOLATION TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent. Case No. 3 -05 Re: Violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF 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 201h day of September, 2005, 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 Respondent, RICHARD LAVOIE , was present and testified at the hearing. 2. There was a finding of proper notice. 2. The Town Manager, Bill Thrasher, testified to and produced photographs of the violation. CONCLUSIONS OF LAW Respondent is in repeat violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Master that a fine of two- hundred- fifty- dollars ($250.00) a day shall be assessed beginning September 7, 2005, in accordance with the above listed Code Sections of the Code of Ordinances of the Town of Gulf Stream for each day the violation continues to exist. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 201h day of September, 2005. TOWN OF GULF STREAM CODE ENFORCEMENT BY: ,Special Masher n, 1 Jr MINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER 20, 2005 AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Master Glen Torcivia called the hearing to order at 10:20 A.M. and administered the Oath to Richard Lavoie, Karen Mathews, William Thrasher, Town Manager and Rita Taylor, Town Clerk. Case CE3 -05, a repeat violation of Ordinance No. 04/4, Article II, Section 2 -31(4) that was heard on April 25, 2005 under Case CE2 -05, at 2775 Avenue An Soleil owned by Richard Lavoie, was called by the Special Master. He instructed that the Town would first present their case and then Mr. Lavoie could present his case and cross - examine if he so desired. William Thrasher, the Town Manager, presented the following exhibits: 1) A copy of the Notice of Repeat Violation dated August 17, 2005 and the return receipt showing the notice was received on September 7, 2005; 2) A copy of the Statement of Violation and Notice of Hearing dated September 9, 2005 and the return receipt showing the notice was received on September 134, 2005; 3) An Affidavit of notice posting at Town Hall and on the property at 2775 Avenue An Soleil; 4) A copy of Ordinance No. 04/4; 5) Proof of ownership from the Pahn Beach County Property Appraiser; 6) Pictures of the property taken on August 17, 2005; 7) Pictures of the property taken on September 20, 2005. Mr. Thrasher explained that the entire lawn has deteriorated to the extent that it once again in need of total replacement. He further explained that Mr. Lavoie had replaced the sod and installed a new irrigation system in April 2005 and that the new sod has once again deteriorated. He reported that Mr. Lavoie had phoned him after receiving notice of the problem on September 7, 2005 and advised that he would be returning to Florida on September 14, 2005 and would be in contact with the Town at that time. However, he had not spoken to Mr. Lavoie until today. The Town Manager read an excerpt from the Minutes of the hearing held on April 25, 2005 wherein Special Master Lara Donlon had found Mr. Lavoie in violation but was in compliance at that date. At that time she advised if this violation were repeated, the Town would be in a position to immediately assess a daily fine of up to $500 for every day of non - compliance. He then presented the Order Finding Violation issued for Case CE2 -05. All of the exhibits were shown to Mr. Lavoie and he had no objection to any of them. Special Master Torcivia asked Mr. Thrashser what he would recommend on behalf of the Town to adjudicate this matter. Mr. Thrasher stated the Town would like for the lawn to be replaced and maintained, and a fine of $500 per day assessed from the first day the violation was noticed, which was August 3, 2005 as determined from field notes written by Mr. Thrasher, until such time as the new lawn is installed. The Special Master asked Mr. Lavoie to respond regarding this violation. N Mr. Richard Lavoie stated that he does not make his permanent residence in Gulf Stream and has been away since May 2005. He advised that the person who has taken care of his property for 20 years, who is 80 years old, had become ill during the summer and apparently was unable to care for the property. Mr. Lavoie stated he was not aware of the condition of the lawn until he received the Notice from the Town on September 7, 2005. Mr. Lavoie advised that he regrets the neighborhood has had to endure this unsightly condition and that he will have new sod in place as soon as he can get it. The Special Master asked if the matter of the fine could be revisited, as it would appear that what is requested could approach $20,000, which seems quite high for a lawn violation. Mr. Lavoie and Mr. Thrasher agreed to a fine of $250.00 per day commencing on September 7, 2005, that being the date Mr. Lavoie received the notice of violation, and ending with the date that the lawn is installed to the satisfaction of the Town. They further agreed that the fine would be paid to the Town within 10 days of compliance. Special Master Torcivia advised Mr. Lavoie that he should hire a dependable person or firm to care for his property when he is away and that he should furnish his neighbors with a phone number at which he could be reached so they could contact him if they see another problem with his property maintenance. There being no other items on the agenda, the Special Master adjourned the meeting at 10:40 A.M. Rita L. Taylor, Tow Clerk CODE VIOLATION HEARING BEING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER 20, 2005 AT 10:00 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 3 -05; Richard Lavoie, 2775 Avenue Au Soleil; Deteriorating and unsightly lawn in violation of Town of Gulf Stream Ordinance No. 04/4, Article II, Section 22- 31(4). This is a repeated violation. III. 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. cn / CD \ d | ( _ ; \z (( ( k �j LLJ Ln e » X-- j \ % U �\ m /wu uuwu | >G` =° /uz Qd §k0 =:Es k * f §� }: !Ek§i\ / LO 2 2` -E§ / /% LO ! § E \z (( ( k �j LLJ Ln e » X-- j \ % U �\ m \�2� K |kƒ'% MA E!!� {| (E ! # � C � ❑ \ \ % z 0E ; so ❑ ! | >G` =° }) Qd §k0 =:Es k \ (/ � §3, 3 !Ek§i\ )0 LO 2 2` -E§ / /% LO ! § E \�2� K |kƒ'% MA E!!� {| (E ! # � C � ❑ \ \ % z 0E ; so ❑ ! ! pow.g= pow _ �f7 \� !IM f k, & ;&° \( ■¥! q �2MEW | ■ � =01 { � Q & a ¢ ~ « „& $�3 f`AM & \ g/3 |F, D o �C 00 2 (. k/ , |&Fn L � /�\ J f ( CL CD \ CD CD \ CL cn CL � �g COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH August 17, 2005 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF REPEAT VIOLATION Mr. Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 276 -5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR CERTIFIED MAIL RETURN RECEIPT REQUESTED On December 22, 2004 you were issued a Notice of Violation of Ordinance No. 04/4, Article II, Section 22 -31 in that your lawn was in such poor condition (brown and dry) that it might require installation of a new lawn and irrigation system. You appeared before the Special Master at a Public Hearing held on April 25, 2005 at which you were found in violation of the Code Sections cited but subsequently found in compliance. At the hearing, the Special Master advised you that if this violation was repeated, the Town would be in a position to immediately assess a daily fine of up to $500.00 for every day of non - compliance. This is to be considered official notice to correct this repeated violation within 15 days. Failing to comply with this order shall result in another appearance before the Special Master and further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a copy of which has been previously provided to you. Very truly ours, William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 COMMISSIONERS WILLIAM F. KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH August 17, 2005 Mr. Richard 2775 Avenue Gulf Stream, TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF REPEAT VIOLATION Lavoie Au Soleil Florida 33483 Dear Mr. Lavoie: Telephone (561) 276 -5116 Fee (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR CERTIFIED MAIL RETURN RECEIPT REQUESTED On December 22, 2004 you were issued a Notice of Violation of Ordinance No. 04/4, Article II, Section 22 -31 in that your lawn was in such poor condition (brown and dry) that it might require installation of a new lawn and irrigation system. You appeared before the Special Master at a Public Hearing held on April 25, 2005 at which you were found in violation of the Code Sections cited but subsequently found in compliance. At the hearing, the Special Master advised you that if this violation was repeated, the Town would be in a position to immediately assess a daily fine of up to $500.00 for every day of non - compliance. This is to be considered official notice to correct this repeated violation within 15 days. Failing to comply with this order shall result in another appearance before the Special Master and further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a copy of which has been previously provided to you. Very truly ours, OA� 11 William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 \ § / e / LJ w 0 co c / (i (� I | ] ( ; ED Ir co § Ld ruu-1 lulu uu,o 6300 5677 x bo \ j P § [ 'o K �� 3 2 }|$ m L, ��(\\ ` »q i }_!_§ ' � ! 9 / 2 �} 7 $ �q�| ]r te@ / \a @ 0 a!\�', =9kav; u 2 \ �& } . q �{ § \ || \ U e , x bo \ j P § [ 'o K �� 3 2 }|$ m L, »q i }_!_§ rt a } 2 ; M r �E! \k\ ) §) k«% ]r te@ @ 0 ❑E2 , =9kav; u 2 \ �& } . q �{ § \ e , x / . ƒ§({ ❑E2 , / ❑ � ❑ ❑ . .o + ( 0 !!® ,a',.- \g 0 BMW °k& \/ 'F \( % {kD }\ \ \ � %( � \(M�g (\ !!!/ J {§ �r / / % j S \ k 2 \moo all / Z ...,. ;.� e\/�53a 6 k EL q,M &L |o| Z- if . /[} 'a| = q !a 2! ku !/ s /( | r \ &!/ 2 \z) § � � k � � ! ! f E ( \ CD 0 / CL ) v x �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 3 -05 Sept' r 9 .2005 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): 2775 Ave. Au Soleil, Gulf Stream, FL 33483 2. Legal N 100' of SE '-kE of Name and address of owner /person in charge where violation(s) exist(s): Richard P. Lavoie, 2775 Avenue Au Soleil, Gulf Stream, Florida 33483 4. Violation of Town Code Section(s) and description(s): Ibis ;seat of tha'v; 01 at;on that was assigned CE 3 -05. The entire lawn has deteriorated to the extent that it is in need of replacement. This condition is in violation of Ordinance No. 04/4, Article II, Section 22- 31(4). (SEE ATTACHED "EXHIBIT OF VIOLATIONS') 5. Date of first inspection: 8 -3 -05 again on 8 -17 -05 6. Date owner first notified of violation(s): S; gym, , g_17_0 tti Prt; f Letter r 8 -17 -05 7. Date on/by, which violations are to be corrected: 9 -1 -05 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *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 on9 20 -05 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. r William H. Thrasher, Town Manager Town of Gulf Stream Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE 9 -15 -05 , 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 SPECIAL 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: it Taylor, On Clerk Town of Gu f Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 Palm Beach County Property Appraiser Property Search System Page 1 of 2 Location Address: 2775 AVENUE AU SOLEIL View Map Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0930 Subdivision: PLACE AU SOLIEL Official Records Book: 16048 Page: 252 Sale Date: Jun -2003 Legal Description.: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF Owner Information Name: LAVOIE RICHARD P All Owners Mailing Address: 2775 AVENUE AU SOLEIL DELRAY BEACH FL 33483 6133 Sales Date V Book /Page Jun -2003 16048/252 Nov -1980 0381810158 3an -1975 02444 1382 Price Sale Type $0 NO DATA FOUND $100 NO DATA FOUND $92,500 NO DATA FOUND cncuiNu�uo Exemption Information Unavailable. Owner LAVOIE RICHARD P LA VOIE GILDA M EST & Assessed and Taxable Va Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2005 2004 1 2003 $373,75 Tax Year: 2005 0 2004 2003 Tax Year 2005 Improvement Value: $198,750 139 278 121 396 Number of Units: I Land Value: $175 OOO $160 Oo0 $90 000 *Total Square Feet:2719 Total Market Value: $373,750 $299,2781 211 396 Acres: 0.50 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Va Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2005 2004 1 2003 $373,75 299 278 $211,396 0 0 0 $373,750 $299,2781 $211,396 2004 2003 2002 $5,683 4 134 $3,196 104 $104 $104 $5,787 $4,2381 $3,300 Structure Detail Tax Calculator Details Back to Search Previous Page I Print NOTE: Lower the top and bottom margins to 0.25 on File - >Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemotions I Community I Emolovmen[ I New Home Buyer I Office Locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer http: / /www.pbcgov.con 1papalaspxlwebldetail_info.aspx ?p_entity = 20434604220000930 &... 8/17/2005 ORDINANCE NO. o4/4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22, OF THE CODE OF ORDINANCES, NUISANCES, AT ARTICLE I TO INCLUDE A NEW SECTION 22 -3 RELATING TO OBSTACLES TO TRAFFIC AND PARKING; RESCINDING ARTICLE II, RELATING TO DEBRIS, RUBBISH, WEEDS AND WILD GROWTH IN ITS ENTIRETY AND PROVIDING FOR A NEW ARTICLE II RELATING TO UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 22, Nuisances, Article I, In General, to include a new Section 22 -3, to read as follows: "Sec. 22 -3. Obstacles to traffic and parking (a) It shall be unlawful for any person to place and /or maintain any obstructions within the public right -of -way of the Town without first being given authority in writing by the Town to place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees, walls, fences, traffic triangles, or other obstacles intended to impede traffic or parking or structures of any kind not previously approved in writing by the Town. (b) Any obstacles placed in the Town right -of -way in violation of this section may be immediately and summarily removed by the Town and shall be removed at the expense of the property owner. (c) Any person found to be in violation of this section shall be subject to the general penally section of this code or, alternatively, shall be subject to the jurisdiction of the Town's code enforcement process." Section 2. The Code of Ordinances of the Town of Gulf Strearn is hereby amended at Chapter 22, Nuisances, by deleting Article II, Debris, Rubbish, Weeds and Wild Growth, Sections 22 -31 through 22 -34 inclusive, in its entirely, and substituting therefore the following new Article II entitled Unsightly, Unsafe or Unsanitary Conditions to read as follows. "ARTICLE II. UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS Sec. 22-31. Prohibited. I r -saljljuenb algeuoseanm uI 'sJapulO Jo 'joos 'seb leyjal 'sawn; leyjal jo snoixou 'mows asuap (94) -punaa6 jo aoaid jo jol Aue uo paulejulew jo pajjlwjad jajeM jueu6ejs jo uoljelmunooe (uy (gf) 'paulejulew 10 paLwojjad 'pajonpuoo sI Mel lelapaj Jo 'aje)s 'leOOI jo uoljeloln uI sI yOnlM AI!AI)Oe Aue aiayM uoljeool jo ooeld Jayjo Jo 'ainjonijs '6ulpllnq Auy (y4) 'saouejsgns jayjo jo 'sajseM IelOJawwoO 'slewlue peap 'a6eMas Aq jajeM jo Apoq jo 'leueo 'a�el 'weaijs 'waasio jo IlaM ollgnd Aue jo uoljnllod ayl (£6) 'yjeap Jajje aunj algeuoseai e wyjlM jo pasodsip jou Imoj jo slewlue jo sasseojeo ayl (ZL) -sayouajs pun siopo yons jo uoljejaua6 jo uoissiwa ayj of asu GA16 yOIyM sasneo jayjo jo 'saouejs -qns 'suoiaipuoo aqj se Ham se 'sayouajs pun siopo snoixougo jo elgeaaj6eslp IIH (l6) -saslou lemue 6uipnloul 'suoljejgln 6uiAouue pun saslou pazuoq)neun jo tiessaoauun IIV (06) •pajeool sI jI ejagm AjIuIOIn aqj uI plezey anj snoia6uep Ajewpjo ueyj aiow a sjuesaid jo 'joajay) AjIuIOIn ayj uI 6ulplsaj aldoad jo yjleay ayj o) aOeuaw a sI jI jeyj uoljlpuoo tiejluesun ue yons ul jdaN jo 'uoljejlgeq uewny joj jyun sl jeyj uoglpuoo pajepldellp a yons uI sl yoigm ainjoni)s jayjo jo 6ulpllnq Auy (6) •ulwJan Jayjo Jo 'saileus 'aolw 's)ej JO) a6eiogieq sapinoid yoigm uoljlpuoo Auy (g) • uoljlpuoo snoia6uep jo 6ulllej a uI samjonujs jagjo jo sllem 's loop 's6ulpilnq jo purl Aue jo sums 'sainjonijs jo s6ulpllnq buiAeoap jo pa (eoaa W sugap jo yseij 'a6egje6 'yll!j (9) •sjoefoid uoljonijsuoo wojj buljinsaj Jo yj!m uoljoauuoo uI pasn leuajew llij Jayjo Jo Ilos 'pues (g) ,glmoi6 snolxougo jo sjooi 'sdwnjs 'sgnjys 'ssej6 'saaij 6ulAp jo peap (y) 'punoj6 ayj anoge jy61ay uI sayOUl jy61a ueyj JajeaJ6 aq lleys jeyj ssei6 jo speaM 'ysni8 (£) 'yjjeay of lejuawujap aq Aew jeyj spsod -ap Jayjo AU2 Jo 'yjllj Jo yseJj 'JajeM jo slood leaOUOO bew jeyj yjMOJ6 leuoljeja69n >lueJ Jo 1161y 'sJopo snolxou jo juesealdun sapnxa jeyj yjMOJ6 leuoljeja6an Xuetj (Z) •jajdeyO slyj ul suolslnaad aqj jo Aue jo uoijeloln uI suoljlpuoD (l) :Aue uoaJayj jluuad jo anetl of uMO_L aqj ulyjlM puel jo jaumo Aue joj eoueslnu a ajnjijsuoO lleys pun lnjmnlun aq lleys 11 (17) Any condition constituting a fire hazard (18) Any worn -out, scrapped, partially dismantled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, machinery, metal, wastepaper, rags, glass -ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the vehicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or discarded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind -blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. Sec. 22 -32. Foundations, structural members and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the Town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the Town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of 3112 percent of its span. (2) Exterior walls shall be reasonably free of cracks or holes through which weather elements can enter the building or structure, and all exterior surfacing material shall be kept painted and in good repair. (3) Interior walls and ceilings shall be structurally sound. (4) All windows and doors to the outside shall be constructed and maintained in such a condition as to exclude weather elements or insects entering. (5) The roof shall be constructed and maintained so as not to leak. Roofs shall be kept clean and painted. (G) Every inside and outside stair, every porch and appurtenance thereto shall be constructed so as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and in conformance with the building code, and shall be kept in sound condition and good repair. (7) Accessory buildings and other appurtenances such as swimming pools, tennis courts, walls, gates and fences situated on the premises shall be kept in a safe and good slate of repair. Sec. 22 -33. Notice to abate; content. 3 aney of pauiaap aney pegs uosJad atll Jo 'UOISSnuwoO uMOl atll aJolaq 6uue0q e IsanbaJ Isnui pue aO!lou ayI l0 6ullsod Jo 6u!lieui 041 to s (ep u01 u!gl!M 'suoilOafgo Jay Jo Srtl 'Ja6eueW uMOl ayI 01 6upuM ui luasaid Isnai 'Joldegogns srtll Japun Iuattissasse le!Oads e jo (nal Jo Iuatualege Jo uolssaJddns 'lenowaJ pasodoJd 0111 01 SIOafgo otlM 'palsaJalu! as!MJatllo Jo panouJaJ (lJacloJd ayI 6uiAdnoOo Jo 6tnuMO uosJad AuV '6uIJeOH 'b£-ZZ 'DOS •panlonu) pue] ayI to Apolsno Jo ejeo agl 6u!ney uoSJad Jo IuednoOo 'JauMo gons to ssaJppe uMOLI I lsel ayI of 'lieui Jeln6aJ (q pue 'palsanbw ldlaoaJ uJnlaJ 'lleui paiJpJaO Aq pallew loaJayl Adoo e pue sasluiaJd at11 uodn aOeld snono!dsuoO e ui palsod aq pegs aO!Iou gons '/(Jlnbut Iu9611!p pue algeuoseaJ Ja)le uMol all] u!g]!M punol aq Iouue0 ue!polsno Jo Iuedn000 'JauMO 041 Iuana aq] ul •uMOl ayI wyl!M Jo sasiwaJd ayI uodn punol aq eqs Jo aq 1! 'panlonu! 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The hearing shall be on the first regularly scheduled meeting following the request for the hearing. After the hearing, the Town commission, in the exercise of its discretion, may approve, revise, modify or abandon the proposed action. Sec. 22 -35. Abatement by Town. If at the time specified in the notice as provided in section 42 -91, the nuisance has not been removed, suppressed or abated, or in the event a hearing is field by the Town Commission and the notice is upheld in whole or in part, the Town Manager shall cause to be removed, suppressed or abated the nuisance referred to in the notice according to the terns set forth in the notice or, in the event of a hearing, in the manner approved by the Town Commission. Sec. 22 -36. Levy of special assessment lien against property. (a) The Town Manager shall, as soon as practicable and within 30 days after the completion of work as authorized in this subchapter, ascertain and determine the actual cost thereof and the respective portions to be borne by the Town if any, and the owners or occupants of the property involved and, thereupon shall notify the owner or occupant, in writing, of the amount required to be borne by the owner or occupant. In the event said amount is not paid to the Town within thirty days of the date of said notice in writing, the Town Commission, by resolution, fix, levy and impose a special assessment against the property involved in an amount not exceeding either the actual cost of the work, or the estimated special assessment stated in the notice. (b) The resolution shall specify the following: (1) Description of the work performed. (2) Dale of completion. (3) Total cost. (4) The proportion of such cost to be financed and defrayed by special assessment. (5) The unit or basis for distributing the amount to be specially assessed among the several parcels of property where more than one parcel is liable for assessment. (6) The fact that a lien has been assessed by the Town with a complete schedule or breakdown of the specific amount of special assessment levied and imposed against and upon each respective particular parcel of property involved, showing in detail the description of the property, name of owner and amount of assessment as severally and respectively levied and imposed. (7) That such liens shall bear interest at a rate of eight percent per annum compounded unless paid within 30 days after publication of such resolution. (l3) That the Town clerk shall forthwith have prepared and filed of record, the amount of such lien assessed against each parcel of property, the date of completion of such work and such other information as may be deemed appropriate. 5 9 Ole(] an1.1391l3 '9 uo!loaS 'uieaJlS llnJ to umo_L ayl to saoueu!pJo JO apo(] Ie!oglo ayl to lied a apew pue p ippoo aq pet's aoueu!pJo s!yl uO!leoWpo(] .G uo!loas paleadaJ Aqeiaq We aOUeu!pJo sail to lied !ue Jo s!yl yl!m lo!lluoo yo!yM loejayl shed Jo 'epuol j 'weaJlS lino to uMo_L ayl to sooueu!pJo Jaylo IIV -lo!lluo(] w saoueu!pJo to leada�j .t, uo!loas •algeJanas p ieloap AgaJay ale aoueu!pJo s!yl to suo!s!nad ayl pua slyl of pue 'suo!leolldde Jo suO!s!noJd p!lenu! ayl lnoyl!M loalla u9n!6 aq ueo yo!yM aoueulpJo s!yl to suogeo!ldde Jo suo!s!noid Jaylo ayl loalle lou pegs Al!p!lenu! yons 'p!lenu! play s1 loaJayl uo!leo!ldde ayl Jo aoueu!pJo slyl to uo!s!noJd Aue ll Al!l!geJanaS .£ uolloaS „•99 -Z uo!loaS 'II alo!lJy'Z Jaldeyo of luensJnd uo!lo!ps!Jnf set' yo!yM luawaoJOlua apoo of paJJalaJ aq Aew alo!lJe s!yl to suots!nad aq) to Aue to uo!lelo!n a 'Jllleuoll!ppy -saoueu!pJo to apo(] s,uMOl ayl to 9l,-I, uo!loaS of luensJnd pays!und aq 'uo!lo!nuoo uodn 'Aew alo!lie s!yl to uo!lelo!n ayl 'waJay paq!JosaJd sa!lleuad ayl of uo!l!ppe ul 'Alleuad '6E-ZZ'38S -ls!xa Aoua6Jawa ue pinoys AlJadoJd alen!Jd Jo o!lgnd uo bu!ls!xe aoues!nu Aue alege Alale!paww! of Al!Joylne s,uMOl ayl l!wg of panJlsuoo aq pet's alo!lJe s!yl u! BUNION •uo!loe A3u86J0w3 W-ZZ'oaS •alO!lJe s!yl 6u!lelo!n uosied Aue lsule6e 'sa6ewep Jol Jo 'uo!lounfu! lueuewJad 'uogounfui tieJodwal 'JapJo 6u!u!eJlsaJ J(JeJodwal e Jol suo!loe I!n!o aleudoJdde elq of pazuoylne s! AouJolle umo_L ayl 'alo!lJe s!yl ul pap!noJd sa6JeyO pue saipawaJ JaylO ayl of uo!l!ppe ul suo!loe I!A!o 'LE-ZZ '38S loaJayl uo!loapoO aOJOJua of Ja6euelN uMOl ayl 6u1pueuJwo(] (4 L) -uopoalloo to slsoo pue lsaJalu! yl!M Jayla601 'anoge paleoipui se sluawssesse le!oods yons to slunowe an!loadsaJ ayl Jol paquosap u!aJayl se AlJadoJd ayl uodn pue lsu!e6e 'saxel ldaoxa 'sw!elo Jaylo Ile of JoiJadns 'ua!l a ssassod pue lJasse 'aney IIeys uMOl ayl 1241 (o I,) •Mel Aq pannbaJ se 'JadedsMau a u! uo!leoilgnd Jo '6u!isod Aq payspgnd aq of uo!lnlosaJ ayl asneo Ileys )lJalo uMo-L ayl 1241 (6) This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this day of September 2004, and for a second and final reading on this 8th day of October 2004. MaYaPI..,. ATTEST: RL Clerk RUCM13147- 011Ord Chapter 22 Art 18 11.00C VI Commissioner Commis honer ti Commissioner -- .� o. 4 7m ...�Y fr. hiwt t'..` mk'M1 ''NC }• +MF 'J s. "... a w—_ :.r, ..'^•ter „4 �21 h .O i 'n -Q-� -- t-1 � U �-�- ��f �� S; �o ll-- T; Y° r+ VL,_ 1�.1�.., ��a s s ; �o �- CODE VIOLATION HEARING BEING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER 20, 2005 AT 10:00 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 3 -05; Richard Lavoie, 2775 Avenue Au Soleil; Deteriorating and unsightly lawn in violation of Town of Gulf Stream Ordinance No. 04/4, Article II, Section 22- 31(4). This is a repeated violation. III. 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. IFAXCover Sheet IDate 9 -14 -05 TO: Attny. Lara Donlon Glen Torcivia & Assoc. Phone: Number of pages including cover sheet: 4 From: Rita Taylor Town of Gulf Stream 100 Sea Rd Gulf Stream, FL 33483 Phone: 561- 276 -5116 Fax Phnnp- 5(,1_717 -ni RR REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply Please find enclosed the Agenda for the Hearing on September 20, 2005 at 10:00 A.M. along with the Code Section and Proof of Ownership at 2775 Avenue Au Soleil in Gulf Stream. Originals to Follow by Mail: Yes CC: Fax Phone: No X Palm Beach County Property Appraiser Property Search System Page 1 of 2 Location Address: 2775 AVENUE AU SOLEIL Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0930 Subdivision: PLACE AU SOLIEL Official Records Book: 16048 Page: 252 Sale Date: Jun -2003 Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF uwner antormduon Name: LAVOIE RICHARD P .All OWne Mailing Address: 2775 AVENUE AU SOLEIL DELRAY BEACH FL 33483 6133 Sales Date V Book /Page Jun -2003 16048/252 Nov -1980 03818/0158 Jan -1975 02444/1382 Price Sale Type $0 NO DATA FOUND $100 NO DATA FOUND $92,500 NO DATA FOUND txempllons Exemption Information Unavailable. Owner LAVOIE RICHARD P LA VOIE GILDA M EST & Assessed and Taxable Value_ Tax Year Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 20_0_5 2004 2003 $373,750 Tax Year: 2005 0 2004 2003 Tax Year 2005 Improvement Value: 198 750 j39,278 121396 Number of Units: 1 Land Value: $175 000 $160,000 $901000 *Total Square Feet: 2719 Total Market Value: $373,7501 $299,278 $211,396 Acres: 0.50 Use Code: 0100 Description: RESIDENTIAL s in residential properties may indicate living area. Assessed and Taxable Value_ Tax Year Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 20_0_5 2004 2003 $373,750 $299,278 $211,396 0 0 0 $373,75 299 278 $211,396 2004 2003 1 2002 $5,683 $4, 124 $3,196 $104 104 $104 $5,787 $4,2381 $3,300 Back to Search : Previous Page Print Structure De II- Tax Calculator,, NOTE: Lower the top and bottom margins to 0.25 an File - >Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions I Cornmuni[v I Employmen I New Home Buye I Office locations Value Adjustment Board 1 Save Our Homes I Senior Comer I Disclaimer http:// www. pbcgov .comlpapalaspx /webldetail_info. aspx ?p_entity= 20434604220000930 &... 8/17/2005 shall constitute a nuisance for any owner of It shall be unlawful and ermiI thereon any! in this ilhin the Town to have or P any of the provisions (1) Conditions in violation of chapter. Peasant or noxious growth that may conceal etational growth chat exudes th sits that may (2) Rank v Ig h Or rank vegetatioo f any other de-PO odors, g trash or filth, Pools of water, eight inches be detrimental to health. feater than g Brush, weeds or grass that shall be 9 (3) ht above the ground• roots or in height shrubs, stumps, ss �i (4) (G) (7) Dead or dying trees, gra , growth. with or obnoxious g aierial used in connection Sand, soil or other fill rn ro ecis. resulting from construction p 1 (8) — (9) garbage, trash or debris• of any Filth, 9 structures, ruins a failing Decayed of decaying buildings or structures in docks, walls or other kind or buildings mice, or dangerous condition• a for rats, Any condition which. Provides harborage or other vermn• such a dilapidated snakes, which is in or kept in such an Any building or other structure the health of unfit for human habitation, ore that it is a menace fo condition that is thereof, of presenwhere it is unsanitary condition he vicinity vicm4 people residing the V fire hazard fn the than ordinary located. rized noises and annoying or unaulho (10) All unnecessary animal nojSes' d well vibrations, including stenches, as w odors an which give Of obnoxious other causes dors and (11) All disagreeable sub - stances, of such o as th,OGonditions' -on of generation of rise of within a the stenches. or fowl not disposed (12) The carcasses of animals ble time after death. cistern, stream, lake, reasona well Of dead animals, ollution of any public sewage, (1g) The p body of water by canal, of or Other substa nces. where any commercial wastes' lace Or location structure, or other p state, or federal law is (1Q) Any builWill9h is In violation of local, activity effOTmed °f maintained. maintained conducled, P water permitted of (1 J) Any ac Iomutation o I P ec Of ground, of ground, soot, or on any lethal gas, S1110 noxious or lethal fumes, (16) Dense uanVI,es. cinders, in unreasonable q 2