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04/25/2005 * Case #CE-2-05 * Lavoie
TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 one) CASE NO. 2 -05 LOCATION OF VIOLATION: Richard Lavoie 2775 Avenue Au Soliel Gulf Stream, Florida 33483 M DATE: April 75, 7005 I, Wi 1 1 i am Thra char , have personally examined the property described above and (Town Official/Inspector) Find that said property is (NOT) (NOW) in compliance with Section(s) 22 -31(4) of the Code of the Town of Gulf Stream as of the 25th day of April /Ji .a .0, 6�.c_._ Affiant STATE OF FLORIDA COUNTY OF PALM BEACH' The foregoing instrument was acknowledged before me this 25th day of Anri 1 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. 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S O §> m2§\ <m m -o 2 ) m2 @) § § /\ /\ G/e z 2 m mm o\§ mz > m ]§ 2 \\ /o 2 ) ) \2 3/ f moz oz \0z \\ �( \ * >Z G@ 2 >:r /§ @2« 2m 0 \ ; ;, `� \�} /\ - )k �@� )\( �/ �. O }x m c En 00 !E o }\) 2 k > 0 2 R2§ 2 m [ § � E ;<r :; § >m o-= - \}\ \ \() § z/ n q{ \; m \ / E� ( \� ? \ 0 >M ) 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 April 26, 2005 Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 276-5116 Fax (561(737 -0166 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR Enclosed is an Affidavit of Compliance covering the code violation at the above address, cited under Case #2 -05. The violation was for a deteriorating and unsightly lawn as provided in Ordinance No. 04/4, Article II, Section 22- $1(4). At the hearing held on April 25, 2005, you were found in compliance. Very truly yours, Z& y /� Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 rr , MINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON MONDAY, APRIL 25, 2005 AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Master Lara Donlon called the hearing to order at 10:00 A.M. and administered the Oath to Charles Sununu, Richard Lavoie, Gordon W. Bellar, Bianca Bellar, Town Manager William Thrasher, Police Chief Garrett Ward and Town Clerk Rita Taylor. The Special Master, Lara Donlon, announced that the first-case being heard in Case No. 1 -05, Failure to Comply with an order issued at the violation hearing held on March 31, 2005. Town Manager Thrasher reported that Mr. Sununu, owner of the property at 820 Canary Walk had replaced the sod on the lawn at this address within the time frame directed but failed to have the irrigation system in operation. He added that Mr. Sununu did have the system operational on Saturday, April 23, 2005 as witnessed by Police Chief Garrett Ward who was present at the hearing. Mr. Thrasher requested that no fine be assessed in as much as the violation has been corrected. Mr. Sununu, being called by the Special Master to speak, explained that the pump on his system did not work, they replaced it with another which also did not work and then found the problem was only a bad fuse. He offered this explanation for not finishing the work on schedule. The Special Master found that Mr. Sununu was not in compliance on time but did not assess a fine for the days of non - compliance as was requested by the Town. Ms. Donlon reminded that should should the lawn be allowed to deteriorate again it will be considered a repeat violation and the Town will be in a position to immediately assess fines for every day the violation continues. Case No. CE2 -05, continued from the Hearing held March 31, 2005, citing Richard Lavoie for a deteriorating lawn in violation of Town of Gulf Stream Ordinance No. 04/4, Article II, Section 2 -31(4) at his residence at 2775 Avenue Au Soleil, was called by the Special Master. Town Manager Thrasher presented the following documents which were marked as Town Exhibits by the Special Master: f 1, Statement of Violation and Notice of Hearing; J2, Notice of Violation dated December 22, 2004 and proof of delivery on December 28, 2004; #3, copy of Courtesy Notice dated October 12, 2004 and proof of ownership of property; #4 and #5, photographs of the property in violation dated March 9, 2005 taken by Mr. Thrasher. The Special Master found that proper notice had been given and Mr. Lavoie acknowledged that the photos were of his property. Mr. Thrasher advised that Mr. Lavoie has installed new sod and has repaired the irrigation system. Police Chief Ward had witnessed the system in operation on Saturday, April 23, 2005. On being asked by the Special Master as to why it took so long for him to comply, Mr. Lavoie stated that he traveled a lot and had not been available for long periods. Ms. Donlon reminded that property must be maintained in compliance with all Town Codes regardless of residency and being out of town is not an excuse for poor property maintenance. Mr. Lavoie stated that he had the sod laid on April 15, 2005 and completed the irrigation system on Saturday, April 23, 2005. Code Violation Hearing e�ril'25, 2005 page 2 On being asked by the Special Master what the Town would recommend, Mr. Thrasher requested that Mr. Lavoie be found in non - compliance originally in order that the Town would be in a position to commence fines immediately in the event there is a repeat violation. Special Master Donlon found that Mr. Lavoie was in violation of Section 22 -31(4) of the Code of Ordinances of the Town until April 15, 2005 and is at this time in compliance. She ordered that Richard Lavoie continue to comply and reminded that if this violation is repeated, the Town would be in a position to immediately assess a daily fine of up to $500.00 for every day of non - conpliance. The final item on the agenda, the Status of a Violation at 800 Tangerine Way owned by Gordon and Bianca Bellar, was announced by the Special Master. Town Manager Thrasher presented a copy of a letter dated April 6, 2005 and a copy of the Certified Mail Receipt. This was a Notice of Violation of Ordinance No. 04/4 Article II, Section 22 -31 citing an unsightly lawn with dead or dying grass. He also presented a copy of the Notice of Status Hearing that is currently being held along with a signed receipt that the notice had been hand delivered. Mr. Thrasher stated that after the Notice of Violation had been received, he had been requested by Mr. & Mrs. Bellar to meet with them at their home, which he did immediately. He further stated that he was met with a very uncooperative attitude and was informed that Mr. & Mrs. Bellar would be leaving very soon for California and would not return for 6 months, and that they did not intend to address this issue. It was at this- point that he sent the Notice of Status Hearing. Mr. Thrasher then displayed a photo of the violation, adding that Mr. Bellar had stated that sod would not live in this area because of the neighbors Australian pine trees overhanging his property. However, Mr. Thrasher noted that the neighbor has growing sod on his property, also under the Australian pine trees, and presented a photograph of this taken by Chief Ward on April 22, 2005. He then explained that sometime after his visit to the site, mulch had been placed over the entire area that is in violation and presented a picture of that area taken by Chief Ward also on April 22, 2005. He then presented proof of ownership of the property. The documents presented were numbered Town Exhibits #1 through #6 in the same order as mentioned in this paragraph. Special Master Donlon stated she would not be making a &c,:U:onin this case today as there is still time remaining on the 30 day Notice of Violation during which compliance could be achieved. She then asked Mr. & Mrs. Bellar to reply to the status of this matter. Mr. & Mrs. Bellar both spoke and stated that they did not sign the Certified Mail Receipt for the notice but did acknowledge they did receive the notice in their mail box and the officer did deliver the notice of todays hearing. They did not believe they are in violation of Section 22 -31 in that there never was any grass in the area in question and the section in the Ordinance refers to "dead and /or dying grass ". They displayed photos of the property before they owned it and current photos, pointing out that they had made so many improvements that they did not feel it was fair to pursue this issue. They believed the mulch they placed on the open area to be sufficient. Town Manager Thrasher stated that when he met with Mr. & Mrs. Bellar at their home, he had suggested, if they did not want sod in the area, that Code Violation Hearing April 25, 2005 page 3 they make a sketch of what plantings they would like to place in the area and then have mulch on the ground. He noted that they had mentioned that they mould like to have some fruit trees in this area and he had replied this would most likely be acceptable and once again suggested they make a sketch for his review. He considered the mulch, without any landscape material in place, as not acceptable. Mr. Bellar stated he had found there are no fruit trees being sold due to the citrus canker and advised he has been in poor health the past year and he and his wife are unable to cope with this added stress. The Special Master repeated that she would not be making a decision at this meeting and urged that Mr. & Mrs. Bellar meet with the Town Manager and work out some solution to this matter before the 30 day period has expired. She advised that if in the future she should find them in violation, serious fines could be assessed for as much as $250.00 per day. There being no other items on the agenda, Special Master Donlon adjourned the hearing at 11:00 A.M. 2 ,/ Or2 Rita L. Tay or Town Clerk r.' CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, RICHARD LAVOIE, Respondent. Case No. CE 2 -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 25`s day of April, 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 at the hearing and there was a finding of proper notice. 2. The Town Manager testified to and introduced photographs of the violation. CONCLUSIONS OF LAW Respondent complied with Section 22 -31 (4), of the Code of Ordinances of the Town of Gulf Stream on April 15, 2005, but was in violation until that time. It is the Order of the Code Enforcement Special Master that Respondent, RICHARD LAVOIE , shall continue to comply with Section 22 -31 (4), of the Code of Ordinances of the Town of Gulf Stream. DONE AND ORDERED this 25s day of April, 2005. TOWN OF GULF STREAM CODE ORCEMENT I BY: G� %L� Special Master CODE VIOLATION HEARING BEING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON THURSDAY, MARCH 31, 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 1 -05; Charles Sununu, 820 Canary Walk Deteriorating and unsightly lawn in violation of Town of Gulf Stream Ordinance No. 04/4, Article II, Section 22- 31(4). III. Case No. CE 2 -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) 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. )§! §$! ! wF ,�. ❑2 2§! § ¥\ =!i ! }= 6' § §§ ( o< §` °° (E \ ( ( \ §/ �L) Z) - § EF ) §7 F- | 0 /)\ :§_ )f /o O 7)|� ) �j k k§ j\ § §` ui G _ §§ ) J < _4 � /@ . M <0 L (\ \ § § «»LU § §)k / \ 2 § % § ° § �0 °@)§ ° \§ (2 2 § m x \ }\ ] 0 a §Gs §Gs * \ _ w�52 |mk |E2 § ) <) \ /U)= c)w , /§ - - §)§ - Cl a § §§ ¥ \ § ¥ s§ , ; ... u_ }o (D § yU) ) / < §\ § e o/ §s § § k q e k» uj }/% k CO III § ■ B § (&§ �ƒ L� j \\} k) \ m e kg 2(( v0 �� E( [ . : � z)§) § (() 2 CL J §§® ¥ §G �§ § \/ Fn 2 %G($ W o § WN ° §§ § ) ) F§Z k © « 2£ k / \_§ /a.0 @/ /®) o &© RETURN RECEIPT Ar'Cicle Addressed to: Article Number Richard Lavoie 2775 Ave. Au Soleil 146 Gulf Stream, FL 33483 Q Date of Delivery Signature (addressee) pS =c7GY or Signature of Agent CODE ENFORCEMENT HEARING BEING HELD BY THE CODE ENFORCEMENT SPECIAL MASTER OF THE TOWN OF GULF STREAM ON MONDAY, APRIL 25, 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. , Failure to Comply -Case No. CE 1 -05; Charles Sununu, 820 Canary Walk- Deteriorating and unsightly lawn in violation of Town of Gulf Stream Ordinance N0. 04/4, Article II, Section 22- 21(4). III. Continuation of Case No. CE 2 -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). IV. Status of Violation- Gordon W. & Bianca Bellar, 800 Tangerine Way, Gulf Stream, Florida- tnsodded /bare portion of lawn in violation of Ordinance No. 04/4, Article II, Section 22 -31 of the Town's Code. V. 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 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. co 0 W 1 1 g N_ N O O ¢j N m m c 3 9 v' \\ DN D Z 3 3 �$ 9 l z y 9 0 O LL O 0. rr O 0 O L7 LN N Er W E-' fL Lr LT Er k \ CL � {) k§\ \!# { ] � E �® �A2 _ ! Ha `)k +G` / | | , !; % ;�! § \� ®f f))!HBE !¢� !q /£ !!E )Uu :° |I� |f§ 2� |�!] |f #!f §|!. `7 l0 | ){ < ;k ;::x` \k !{ E. ( CD / 0 CD k 0 NO =0 n C) @A� $ ■ & k $ T 7 [ !! £ q ® /k\ !h= 2� } k� § f!| § ) \� him \� ( \ \( 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 December 22, 2004 mr, richard Lavoie 2775 Avenue ALL Soleil Gulf Stream, FL 33483 Dear Mr. Lavoie: NOTICE OF VIOLATION Telephone (561) 276 -5116 FU (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR CERTIFIED MAIL RETURN RECEIPT REQUESTED On Uctober 12, 2004 we sent a courtesy notice to you advising that the condition of yourlawn at 2775 Avenue Au Soleil is in violation of provisions in Gulf Stream Ordinance No. 04/4, Article II, Section 22 -31. As advised in our letter of October 12, 2004, the lawn is in such poor condition, brown and dry, that it is possible that in order to correct the problem, it may be necessary to install a new lawn and irrigation system. This is to be considered official notice to correct the violation within 30 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. Very tru yours, (ice William Thrasher Town Manager Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 7--.1 t 1 � COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS 11 WILLIAM A. LYNCH October 12, 2004 Mr. Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, FL 33483 Dear Mr. Lavoie: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Courtesy Notice Telephone (561) 276.5116 Fax (561) 737 -6188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR The Town has received several complaints from property owners in your neighborhood asking for improvement your lot's condition. The lawn in front of 2775 Avenue Au Soleil is brown and dry and is in need of irrigation. In fact, it is in such poor condition that it is possible that in order to correct the problem, it may be necessary to install a new lawn and irrigation During the dry season, we recommend irrigation threes times per week, approximately fifteen minutes per zone during non - daylight hours, in order to prevent loss of lawn turf. You may also wish to have the lawn inspected for "Chinch Bugs ". Brown dead grass is considered a Violation under Ordinance No. 04/4, Article II, Section 22 -31 of the Town's Code. . Please correct this violation on your property within thirty (30) days Contact the Town Hall at (561) 276 -5116 if you have any further questions. Your prompt attention to this matter would be greatly appreciated. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 T— 3 Palni Beach County Property Appraiser Property Search System Pagel 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 I All Owners Mailing Address: 2775 AVENUE AU SOLEIL DELRAY BEACH FL 33483 6133 Sales Date Book Page Jun -2003 16048 252 Nov -1980 03818 0158 Jan -1975 02444 1382 Price Sale Type $0 REP DEED $100 QUIT CLAIM $92,500 NO DATA FOUND cxempLiuns Exemption Information Unavailable. Owner LAVOIE RICHARD P LA VOIE GILDA M EST & .,NNrar�ar� Tax Year: 2004 P 2003 2002 Tax Year 2004 Improvement Value: $139,278 $121,39 6 121 396 Number of Units: 1 Land Value: $160,000 $90,00 $90,000 *Total Square Feet: 2719 Total Market Value: $299,278 $211,39 6 211 396 Acres: 0.50 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. P = Preliminary Values Assessed and Taxable Val Tax Year: Assessed Value: Exemption Amount: Taxable Value: i ax values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2004 P 20_03 1 _2002_ $299,27 $211,32561 186 936 0 $104 26,000 $299,278 $211,3961 $160,936 2004 P _2003 1 2002 . 5 683 $4 $3,196 104 $104 104 $5,787 $4,2381 3 300 Back to Search Previous Page Print Structure Detall Tax Calculator Details Record Search I Information I Exemotions I Community I Emolovment I New Home Buyer I Office Locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I Glossary I FAD I Forms I Contact Us I PAPA http: / /www.co.palm- beach. fl. us 1papalaspxlwebldctail_info.aspx ?p_entity = 2043460422000... 10/12/2004 r� Prepared by and Return to: James A. Cioffi, Esquire Clarion Title Company 250 Tequesta Drive Suite 200 Taquesta, FL 33469 03 -0702 I11111IIIIIII11IIYN Mill I��INNliq�l� 08/06/2003 10:03:14 20030460612 OR BN 15642 PG 0311 Palm Beach County, Florida AMT 336,000.00 Doc Stamp 2,352.00 WARRANTY DEED �J... ( m W� �t THIS INDENT -URE, made this 318t day of duly, 2003, between Raymond E. Nazzaro, a marrle`drrjuQ, Joined by his wife, Annette Naumann, whose post office address is do 914 Hartford;ti . pike, Waterford, CT 06385, hereinafter called the Grantor•, and Richard A. Lavoie and Anne F. Lavoie, husband and wife whose post office address is 201 - B West Shore Drive, Marbly head, Massachusetts 01945, hereinafter called the grantee'. 11 WITNESSETH: TRitsai NO /100 ($10.00) Dollars, and 4 by said grantee, die receipt whereof grantee, and grantee's heirs and assit in PALM BEACH County, Florida, Property Folio or, for and in consideration of the sum of TEN AND and valuable consideration to said grantor in hand paid )y acknowledged, has granted, bargained and sold to the ver, die following described land, situate, lying and being 1. 015 -5060 Condominium Parcel 506 ofCOND(, M- INIUM15OFTHEMARINAATTHE BLUFFS, A Condominium, accordlnKpAcrDeclaratlon of Condominium thereof, as recorded In Official Reco f B06k -4563, Page 1409, and any amendments thereto, of the Public ,cords of Palm Beach County, Florida; TOGETHER WITH an undlvlrlgifl:$ltereat in the Common Elements declared in said Declaratlon-�'Of`Gpvdominium to be an appurtenance to the above described units!.. -! SUBJECT TO comprehensive land use plans, zoning, rd,�6cfilmfs, prohibitions and other requirements imposed by govenunental authority; restrictions andmaGe appearing on the plat or otherwise common to the subdivision; public utility easemen4stif' rd; and taxes accruing subsequent to December 31, 2002. V TOGETHER WITH all the tenements, hereditaments and appurtenances enan s thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the above granted, bargained and described premises in fee simple forever. Said grantor dues hereby fully warrant the title to said land, and will defend that same against the lawful claims of all persons whomsoever. "Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seat the day and year first above written. Page 1 of 3 Document Prepared By: Steve P. Gaflano ReconTa st Company, NA 170 Countywide Way MS: LAN48 Lancaster, CA 83635 -99ad (000) 6402884 When rekpFded rrbib)n to: RICHARD A" E, ANNE F LAVOIE Po BOX 84�' / MARDLEHEAjI, g��5 1 KNOW ALL MEN SY TrfESE PRESEN 111111101110111 CFN 20050135615 OR EIK 1&246 PO 0738 RECORDED 03110/2005 15145t28 Pala Beach County, Florida ! Sharon R. BOLk,CLERE t COMPTROLLER Pg 0738; (lpg) FACTION OF MORTGAGE Mortgage Electronic Reglsbedon Systems, Inc. the wmer and holder of w morgage WOCUPOnla Registreaon Systems, InC. bearing date 071312003, recorded on 0S/D82003 In OMcial Records Book 15642, Page Cal 5';Irretremant a 20030450813 in the office of the Clerk of the Chouft Court of PALM BEACH County State of FI " ssaurklg a certain note In the prinrlpel sum of $113,000.00 Dollars, end certain hereby a and obligations ss a sMd mortgage dead. upon me Property situated in said State and County hereby arhrloA1edge full psym4ii'end�sstistecdon of weld nob and mortgage deed, and surrenders the same a canceled, end hereby dlrecle the �Ik bf Me sold Circuit Count to cancel ft same orrenard. �S IN�WRNESS WHEREOF the said Corporation hag caused these (CORPORATE II'p��„� t9 to be Metalled N Ito name, and Its corporate 38111 to be SEAL) �Serejeito eMzed, by Its proper of0cere thereunto duly aumodzed, the 24 81* a1 February, 2005. ATTEST: Margage Electronic Registration Systems , Inc. Sign n silvered in the presence of: Susan Benjamin Witness STATE OF CALIFORNIA COUNTY OF LOS ANGELES On D2/242005, before me, G. GOOK Notary Public, personally r me (or proved to ma on the bests of WORfactay evidence) to be 1 instrument and acknov4edgsd to me that hw)Wm emceed the as Weber signature on the Instrument the Person, or the er&y upon Instrument. Witness my RPhd and4at Orel seal. Expires: C uET t CALw wry CL21, 2001 and Book18246 /Page738 Page 1 of 1 I I 't lak i 1 r (`y 4 � 1S�'l,�• � : i 1 { di 1 C is nr, 1, 1 ' Ti p . 7003 1010 0000 6300 5868 Certified Mail Provides: ■ A mailing receipt (evana ■ A unique identifier for your mailpiece H1aWteurPooee uuod sd 0 A record Of delivery kept by the Postal Service for hvo years Important ■ ertfied Mail tMay ONLY be combined with First -Class Mails or Priority Mails • Certified Mail is notavailable for any class of inlemass M mail. • NO INSURANCE COVERAGE IS PROVIDED with al maul. Mail. For valuables, please consider Insured or Registered Mail. ■ For an addMorel fee, a Retum Receipt maY be requested to rovide proof of delvery. To obtain Rehm Receipt serval, please complete and rovid a Return to the artficl fee. EntloPrseFinailpiecet�Return Receipt Requested- TTobreive Postage fee waiver for r tluplicate return receipt, a USPSa postmark on your Certified Mail receipt is egmretl. ■ For an additional fee, delivery may be restricted to the addresses or addressee's authorized agent. Advlse the clerk or mark the meilpiece with the endorsement 'Restricted, elivery•. with is It a postmark on the Certified Mail receipt is desired Please present the arfi- re Cie ceipt s not needed, detach and affix label w th tpostagoe a the nd maeil. Mail IMPONTANT: Sava this receipt and present It when making an Inquiry. Infernal access to delivery information is not available on mail addressed to APOS and FPOs. 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 -05 March 21, 2-005 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) exists) ?775 Ave. Au Soleil, Gulf Stream, FL 33483 2. Legal Description: Lot 93, Place Au Soleil & 4 -46 -43 Ely 110' of Wly 272.58 of Sly 70' of N 100' of SE k E of 3. Name and address of owner /person in charge where violation(s) exist(s): Richard P. Lavoie, 2775 Avenue Au Soleil, Gulf Stream, FL 33483 4. Violation of Town Code Section(s) and description(s): 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: October 1D4 & necemher 92, -9004& March q_, 2005 6. Date owner first notified ofviolation(s): October 12, 2004 & December 28, 2004 7. Date on/by, which violations are to be corrected: Novembpr 11 2004 & Jan ,- yz98 , 2005 **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * *Rv PORTANT 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 on3- 31 -05at 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. W �f"tCLL� William H. Thrasher, Town Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE March 25 , 20n5THAT 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 Taylor, T n Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 ORDINANCE NO._ p4/4 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 penalty 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 Stream 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 entirety, 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. 1 l 0 L -saililuenb algeuoseajun ui 'sjapulo jo 'loos 'se6 leglal 'sawn} leglol jo snoixou 'a�ouis asuat] (gG) -punoj6 jo aoaid jo lol Aue uo poulelulew jo palllwjad jalenn lueu6els jo uogelnwnooe !uy (gl) -pawelulew jo pawjojjad 'polonpuoo si noel lejapaj jo '@leis 'leool jo uolleloln ul Si golgnn A11n11oe Aue @i@qm uogeooi jo aoeld Jaylo Jo 'ainlonils '6uiplinq Auy (til ) •saouelsgns jaglo ao 'salsenn leloJ@wwoo 'slewlue peep 'a6em@s Sq jalenn jo Apoq jo 'leueo 'aiel 'weeds 'ujalslo jo Dann olignd Aue jo uollnpod aql (Cl,) 'gleap Jalje auul algeuoseaj e u1411M jo pasodsip jou Irmo} jo slewlue jo sasseojeo agl (Zl) -sagouals pue siopo gons jo uoljejaua6 jo uolsslwa agj of asu an16 golgnn sasneo jaglo jo 'saouels -qns 'suolllpuoo agl se Ilann se 'sagouals pue siopo snolxougo jo algeaaj6esip IIV (46) -saslou lewlue 6wpnlow 'suogejgln 6uiAouue pue saslou pazuoglneun jo tiessaoauun IIV (04) -paleool sl 1I aJGgM Ajluloln agl ul pJezeq aJlj snoja6uep tieulpjo uegl alow a sluesaid jo 'joalagl Alluloln agl ul 6ulplsaj aldood jo glleaq eql 01 aoeuaw a sl 1! jegj uolllpuoo tielluesun ue gons ul 1da� jo 'uollellgeq uewnq joj lljun sl legl uolllpuoo palepldellp a gons w sl golgnn amjonjls jaglo ao 6ulpilnq Auy (6) 'ulwJan Jaglo Jo 'saNeus 'aolw 'slej jol a6eiogieg sapinoid golgnn uoglpuoo Auy (g) uolllpuoo snoia6uep jo 6wllej a ul samjonils jaglo jo sllenn 's loop 's6wpllnq jo pui{ Aue jo sulni 'sainjonils jo s6ulpllnq 6uiAeoap jo pa (eoa4 W 'sugap jo gseil 'a6egje6 'gll!A (9) -sloafoid uollonjlsuoo wojj buglnsaj jo gllnn uolloauuoo ul pasn leuajew plj jaglo jo lios 'pues (g) -glnnoa6 snolxougo jo slooi 'sdwnls 'sgnjgs 'ssei6 'saajl 6ul Sp jo pea4 (y) •punoi6 aqj anoge lg6lag ul sagoul lg6la uegl jale@j6 aq 11egs legj ssej6 jo spaann 'gsni8 (£) 'gpeag of leluawulop aq Aew jegj sllsod -ap Jagjo Aue jo 'gllij Jo gsejl 'JoleM jo slood leaouoo Aew legj glnn016 leuoljel96an �ueJ Jo g6lg 'sIopo snolxou jo lueseeldun sapnxa legl gjnnoJ6 leuogejoban �u" (Z) -jaldego sigj ul suolslnoid agl jo Aue jo uolleloln ul suopipuoO (l) :Aue uoajagl llwjad jo aneg of unnol aql wgllM puel jo jauMo Aue joj aoueslnu a olnlllsuoo llegs pue lnjnnelun aq Ilegs 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 31/2 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. (6) 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 state of repair. Sec. 22 -33. Notice to abate; content. 3 r, aney o) pawaap aney pet's uosiad ay} Jo 'uo!ss!wwoo unnol ayl ajolaq 6uueay a lsanbai lsnui pue ao!lou ayl Jo bu!)sod jo 6w!!ew aql Jo sAep ual u!gl!M 'suopoafgo Jay 10 s!y 'Ja6eueW unnol aq) o) 6ulJ!JM u! luesaid Jsnw 'jaldeyogns slgl japun Juawssasse !e!oac!s a Jo Ana! jo Juawalege jo uo!ssaiddns '!enowaJ pasodoid aqj of sloafgo oqm 'palsaialu! asIMINJo Jo panowaj Apadoid ay) 6uiAdno3o jo 6UIUMO uosiad Auy •6ulaeaH 'bC-ZZ 'oaS •pan!onu! pue! aq) Jo Apolsno Jo aJeo ay} 6u!ney uosiad jo luedn000 'jaumo yons Jo ssaippe uMouN Isel aql of '!!ew je!n6ai Aq pue 'palsonbai )dlaoaj wnlaj '!!ew pa!J!pao Lq pel!ew Joajayl Adoo a pue sas!waid ayJ uodn aoe!d snono!dsuoo e w palsod aq pegs ao!Jou yons 'ti!nbu! Jua6!!!p pue a!geuoseaj jalle umol ayl u!yl!m punoJ aq louueo uelpo)sno jo luedn000 'Jaunno ayJ Juana ayJ u! 'wMol ayl u!gl!M jo saslwaid aqj uodn punol aq ays jo aq J! 'pan!onu! Aliadoid je!noped ay) Jo Apolsno jo ajeo aql 6ulne4 uoslad jo luedn000 yaumo aql uodn pamas aq pet's ao!)ou yons legl (L) 'pan!onu! ses!waid ay) Jo luedn000 jo memo aql Aq awoq aq of ao!lou pauo!luawaJole ay) ul ylJol las lunowe palewllsa aql Jo uo!}iodad aql paaoxa Juana ou u! !!eys luawssasse yons pap!nad 'pan!onu! saslwajd ayl Jo luedn000 jo jaumo aql lsu!e6e 'lsnf pue a!gel!nba waap Sew J! se Joajaq) uolliodad yons jo '6u!op os Jo lsoo aql ssasse pue awes a4) alege jo ssaiddns 'anowaJ p!M UMO.L aq) 'ao!Jou ay) Jo aouuas JaJ)e step 9l ueyl ssal lou aq of 'aollou eqj ut palels ow!l aql ajoJaq jo uo palege jo passaiddns 'panowaJ A!an!)oa}Ja uaaq set' uo!l!puoo jo eoua»n000 'Joe pal!q!yold yons ssalun leyl alelS (g) •pan!onu! saspaid aqj Jo luedn000 jo jaumo aqj Aq awoq aq llegs yo!gm lunowe palew!lsa yons Jo uo!liodad aqj (g) -Aue J! 'urnol aql Aq awoq aq of pasodoid )soo yons Jo uo!liodad aql (b) -awes bu!lege jo 6ulssaiddns '6UTAOwa1 Jo Jsoo !eloJ aq] Ianoo Jabeue!nq umol aql Jo uo!u!do aql u! Ipm yolynn Jsoo !e)ol palew!lse aq) alels (E) •paule)u!ew s! Jo slslxa awes aqj golgm uo Apadad aql Jo uo!lduosep !ebal ayJ alelS (Z) 'awes Aj!luap! A!u!e!d of !!e)ap lualogJns u! 'uog!puoo jo aouann000 'Joe pal!q!yoid aqj equosaa (4) :Ilegs aogou ayl -aoues!nu aqj alege jo ssajddns 'anowaJ of aolJou uallpM a aoues!nu yons ql!m uo!)oauuoo u! Jo uodn pue! Jo !aoied jo Jo! Aue Jo Apolsno jo ajeo aqj 6ulney jo 6uiAdn000 '6u!umo uosied ay) uodn pamas aq o) asneo pue eoueslnu ay) 6u!lege jo 6u!ssaiddns '6UTAOwaJ Jo ]Soo !elol ayl Jo alew!lso ue aiedaid gl!mq)joJ !!eys eau6lsep s ja6eue!N UMO-L ayl Jo Ja6eue!N umol ayl 'jaldeyo s!y) Jo suo!slnoid ayl of luensmd umol ay) u!yl!m sls!xe aoues!nu a leq) uo!le6!lsanu! Ja)Je 'aau6lsap s,uMol ay) Jo 'Ja6eue!N umol ay) o) jeadde o) apew s! J! Janauay/ A consented thereto. 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 held 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 terms 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) Date 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. (B) 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. 3 9 -Oleo angoa }l3 .0 UOgoaS weaiiS IInJ to unnol aql to saouewpJp to apoo 1e10g3o agl to lied e @pew pue paylpoo aq pegs aoueulpJp slgl uoileoliPoo 'S uolioaS •peleadai (gajaq ale aoueulpJo sign to lied (ue jo sigl gllnn lolUuoo goiulnn loaJagi sped jo 'epiolj 'weajIS ilnJ to uMol aqi to saoueulplo Jaglo IIV -lotlluoo ul s@oueulpio to Ieada�I .t7 uolloaS -algeJanas paieloap Agajaq We aoueUIPJO sip to suolslnaid agi pue slyl of pue 'suolleolldde jo suolslnoid pllenul agl inogilM loajja uan16 aq ueo golgnn aoueulpio slyl to suolleolldde jo suolslnoid jaglo aqi loalle lou pegs Allpllenul Bons 'pllenul play sl joajagi uolleolldde aqi jo aouewpio slq} to uolslnoid Aue 11 Li!I!ge�anaS £ uogoaS „•89 -Z uopoaS 'II alolpd'Z jaadego of luensind uogolpsunf seq golgnn auawaojo)ua apoo o; paiialai aq Am alolpe slgi ;o suolslnoid agl to (ue to uolleloln e 'Alleuolalppy -seoueulplo to apoo s,unnol aqi to gL - L uolloaS of luensind pagslund aq 'uoliolnuoo uodn 'Am alolpe dull jo uogeloln ayl 'ulajaq paquosaid sagleued agl of uolilppe ul '/Illeuad '6£-ZZ 'oaS •asixa Aoua6jawa ue pInogs Apadoid a;enpd jo ollgnd uo 6ullslxa aoueslnu Aue alege Alalelpawwl of Aluogine s,unnol aqi llwll of paniisuoo aq Ilegs alolpe dull ul 6ulgloN 'uolloe AouaBjaw3 'g£-ZZ'oaS 'alolpe dull 6u1lelo1n uosjad Aue iswe6e 'sa6ewep jol jo 'uoliounfw luaueiwad 'uogounful Amodwal 'japio 6ululejisaj /jejodwal e col suolloe Ilnlo aleudaadde all; of pazljogine sl Aeuwolle unnol aql 'alolpe slgi ul papinad s06Je40 pue salpawGJ Jaglo Bull of uoglppe ul suolloe Ilnlo 'L£-ZZ 'oaS loajagi uo!ioalloo aojo}ua of Ja6eueW unnol agi 6ulpuewwo0 (L L) .U011091100 jo sisoo pue isaJolul glinn Jagla6ol 'anoge paleolpul se sluawssasse reloads qons jo slunowe anlloadsai aql jol paquosop ulajagl se Apadoid aql uodn pue isule6e 'saxel idaoxe 'swlelo jaglo Ile of joljadns 'ualI a ssassod pue passe 'aneg lIeqS unnol @gi legl (0 L) -noel Aq pannbai se 'jadedsnnau e w uolleollgnd jo '6ulisod Aq pagsllgnd aq of uoynlosw aql asneo pegs Nialo unnol aqi legl (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 1 7th day of 5eotember 2004, and for a second and final reading on this 8th day of October 2004. Mayvf _ ATTEST: Clerk RUCRU3147- 01101d Chapter 22 Art 18 ILDOC Y7 ��. ^ ` ( J �� i y \ ��! ����1 1 , l C ��b �� Q ` ���� �� a �� ��. I �� Palm Beach County Property Appraiser Property Search System Page 1 of 2 IProperty Information 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 Le al Descri . ion: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF g— - - -P — SLY 70 FT OF N 100 FT OF SE 1/4 E OF UWREF imurnmuon Name: LAVOIE RICHARD P All Owners Mailing Address: 2775 AVENUE AU SOLEIL DELRAY BEACH FL 33483 6133 Sales Date Book /Page Price Sale Type Owner Jun -2003 160481262 $0 REP DEED LAVOIE RICHARD P Nov -1980 03818 0158 $100 QUIT CLAIM LA VOIE GILDA M EST & Jan -1975 02444/1382 $92,500 NO DATA FOUND txempuons Exemption Information Unavailable. Assessed and Taxable Va Tax Year: Assessed Value: Exemption Amount: Taxable Value: r- Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2004 2003 2002 $299,278 Tax Year: 2004 0 2003 2002 Tax Year 2004 Improvement Value: $139,278 121 396 121 396 Number of Units: i Land Value: $160 000 $90 000 $90 000 *Total Square Feet: 2719 Total Market Value: $299,278 $211,3961 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: r- Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2004 2003 2002 $299,278 211 396 186,936 0 0 $26,000 $299,278 $211,3961 $160,936 2004 2003 1 2002 $5,683 4 134 $3,196 104 104 104 $5,787 $4,2381 $3,300 Back to Search Previous Page I Print Structure Detall Tax Calculator Details 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 EKernodon I Community I Emoloymen[ I New Home Buyer I Office Locations Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer http: / /www.pbcgov.com /papalaspx /web /detail_info. aspx ?p_entity--20434604220000930 &... 3/22/2005 242 GULF STREAK[ 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. (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. (f) 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 S code or ordinance. `. (Ord. No. 98 -3, § 1, 5- 14 -98) P �. ADMINISTRATIOY 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- 14 -98) 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- 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 r: 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 r ADMINISTRATION may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 98 -3, § 1, 5- 1.1 -98) Sec. 2 -73. Duration. No lien provided under this division shall con- tinue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosures. The town shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The contin- uation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Ord. No. 9s -3, § 1, 5- 14 -98) Sec. 2 -74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special master to the circuit court of Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special master. The appeal shall be filed within 30 days of the execu- tion of the order to be appealed. (Ord. No. 98 -3, § 1, 5- 14 -98) Sec. 2 -75. Notices. (a) All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in this section, at the option of the special master, notice may also be served by publication or post- ing, as follows: (1) Such notice shall be published once dur. ing each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm CD2:7 i ^ -•7e Beach County, Florida. The newspaper shall meet such requirements as are pre- scribed under F.S. ch. 50 for legal and official advertisements. (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or post. ing as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 98 -3, § 1, 5- 14 -98) Sec. 2 -76. Procedure to request that a fine or lien imposed pursuant to sec. tion 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine or lien has been imposed pursuant to section 2 -72 may apply to the special master, through the town attorney or his/her designee, for a satisfac- tion of the fine or lien with less than full payment thereof. No such application shall be considered by the special master until the applicant has first shown that: (1) All ad valorem property taxes, special assessments, town utility charges and other government- imposed liens against the sub- ject real property have been paid. (2) The applicant is not personally indebted to the town for any reason. (3) All town code violations have been cor- rected under necessary permits issued therefor. § 2.78 GULF STREAK( CODE e r 7 (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 any person, firm or corporation violating any 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 ,A6 0 g 7L e G v H -j C) ul rat C d H tD m 4 O h7 G M H n O r• H am w w W F W LA) I! n rh H �d H A H rn d 0 O -� w 1 0 ��• 0 C3 C3 0 H w Ir H t�] d Y H � N � bi •+ Y ��c TJ � b W ?" (7]HH - r ° U] M O H9> �J Gi 0 C. C,t H W W 00 W 0 O -� w 1 0 ��• 0 C3 C3 0 H w Ir H t�] d Y H � N � bi •+ Y ��c TJ � b W ��v N T O 5 N N O O ��N S ( 6 x 9 ) d s e l D S S � l l e p � c o ) ) ' 1 N 3 1 N 0 0 % 0 3 1 d H 3 W O S N O O i l S O d � h O Z W O W I N I W / 4 l 3 M M U M COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH April 5, 2005 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Richard Lavoie 2775 Avenue Au Soleil HAND DELIVERY Gulf Stream, Florida 33483 Article #146 Dear Mr. Lavoie: Telephone (561)276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Please find enclosed a STATEMENT OF VIOLATION AND NOTICE OF HEARING dated March 21, 2005 that has been assigned Case fCE2-05. One of our police officers tried to make contact with you on March 23, 2005 to deliver the Notice. Failing to make contact with you, we immediately sent the STATEMENT OF VIOLATION AND NOTICE OF HEARING, Case # CE2 -05 to you via Certified Mail, expecting it to be forwarded to you. As of this date the retern receipt card has not been received. You will notice that a hearing before our Special Master was set to be held on March 31, 2005 at 10 A.M. In that you had not received notice of the hearing, your case was granted a continuance and your case is scheduled to be heard on April 25, 2005 at 10 A.M. in the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. A copy of the ORDER GRANTING CONTINUANCE is enclosed for vour reference. As stated in the STATEMENT OF VIOLATION AND NOTICE OF HEARING, ybu are being cited for the condition of your lawn which has deteriorated to the extent that it is in need of replacement. Once again, you are being noticed to appear before the Special Master on April 25, 2005 at 10 A.M. with regard to the violation. Very truly yours, WaL- q. Gv-�' William H. Thrasher Town Manager Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 PLACE AU SOLEIL ASSOCIATION, INC. Gulf Stream, Florida Timm Sweeney, President James Malone, Vice President Catherine Tetzlaff, Secretary Jackie Lane, Treasurer Muriel Anderson, Director Linda Glass, Director Eric Mangione, Director Edwin McDonald, Director 29 April, 2002 Mr. Richard LaVoie 2775 Avenue Au Soleil Gulf Stream, FL 33483 Dear Mr. LaVoie: P.O. Box 1784 Delray Beach, FL 33447 At the Association's annual meeting, the state of your property was discussed. I have enclosed a copy of the Association's covenants as they pertain to this issue. This is the 1982 edition which will be updated this year, so where it refers to "the Subdivider" it is taken to refer to the Association (since the Association is the legal successor to the original subdivider of the community). As you will see, property owners are required to keep their property "free from weeds [and other] unsightly growth." It was the opinion at the meeting that your property is not being maintained, in particular the lawn which appears to have died for lack of water and other treatment. We would appreciate your response, including your plans to put the premises back in good order before we consider any options the Association may have in this regard. Sincerely, Timm Sweeney President TRS /rb III & 3 2LLI z Z k(k _!_ =2 ❑s) 2(§ 5 G m� F- ( §� f ! Eoo2 §/� # g )\ ( 2& % » 2 §[ )$§g / [ §)¥; § z ! 5 Z ®/§ ! § § ± , e m 0) \( ■ LLI § / / °§m 7 a22E §$�_ z 5 » a _ ) $ / k LU I ( § � § k - � / \ a e- °; z§ 2 5 2 u k _ a: \ / ƒ L \ § w \ § (} LL u�` } / \ LLI � )} } ( e § ® w � LLI �0 o� /U) \ § m §[ u c "e§ §jG 2 5§ ( } » §$k KG§ m 2 C) )§,� 0 _ §m $ ¥ � e, ƒ| 0 oe § ( /! k�} \�K J § I-w EGG ° _ m &! 0 2 k W\ / g , .. R! § m / §2 �§ ] § F- § / 0/ ) `a ) m $_ § : /s § % 2 ® §) ! / cn / co q p� m /G [ ( } wI(§ |k9 � z \ | �( ) < CL m $e z E �, § \ \ \ $ m —F- [ § \ [ ( ¥ gJ �§k�)\ � / m 2 \ �S @ /\ �J 2- w a: M ) 5 �� \ \ ° �§ a \ § � ! > 0C) Z k/ LU ( 0 )) § = § % k \ /):§mR )E / ®k \ § §G § §© III PLACE AU SOLEIL ASSOCIATION, INC. Gulf Stream, Florida Timm Sweeney, President James Malone, Vice President Catherine Tetzlaff, Secretary Jackie Lane, Treasurer Muriel Anderson, Director Linda Glass, Director Eric Mangione, Director Edwin McDonald, Director Mr. Richard LaVoie 2775 Avenue Au Soleil Gulf Stream, FL 33483 Dear Mr. LaVoie: P.O. Box 1784 Delray Beach, FL 33447 31 December, 2002 I am writing with regard to the condition of your property, in particular your lawn, trees, and shrubs. I last wrote you on April 29 about this issue, and in a subsequent communication you informed me that your intention was to install new landscaping. Seeing that 8 months have transpired without any such activity, please refer to Clause II, Section 9 of the Covenants: In the event an Owner shall fail or refuse to keep his premises free from weeds, underbrush, refuse piles, or other unsightly growths or objects, the Place Au Soleil Association, Inc. may enter upon said lands and remove the same at the expense of the owner and such entry shall not be deemed a trespass, and; in the event of such a removal, a lien shall arise and be created in favor of the Place Au Soleil Association, Inc. or its successors and assigns against such lot for the full amount of expense incident to the said removal, and,- such amount shall be due and payable within thirty days after the owner is billed therefore. Be advised that unless the problem is corrected, the Association will enforce the above referenced clause. I urge you to contact me at your earliest convenience to discuss the matter. You may reach me at my office on 800 626 5421. Sincerely, Timm Sweeney President TRS /rb N \jir LLJ )N§ )\k mm 0 5 IL G G U) 2 ®maLU f ° q Ejg2 2ex @ ) W\ IL { a z § / §§ \ Lu *S® «§ §)¥; * < m ■ _ 2 z � \)i\ ( § / /� /2 p FCL « °§m a § b X221 §$■- \ ) u _ ) 2 ! ƒ k / ) §( § - / » . • \� w� . ( § ; .• §`; /) ! u q | °2 / / e $ i / & § 8 / } \ �/G � \ k/} \ ) c�` m / 2 ( m § ) ! \§ » \ om /� cn� § ` w \ § §�� §�� Ip ° § § »`c§ § § r- / 0 §)) U) 0 § § 2j / } &Gf §!} )±K 0 § [L- ro °(D , E § ) §> Q j ( § / § } \ E z w \§ 2 a\ o �a , ! w ° $; § , §o § 0 k 22 R k § e F{ § - � §@ ) / k / k Of 0 | © �< § Ir ate; ■ ® 2 / $( g CL « ■ 2 | -r # { §e z / kdk/ ( c/ » \ b D r ;. u§ [ it z0§))° § w § ( �3 g ¥ �/ § §� / §j a § / § 2§ \ \ ( ` 2[ ( / 2§ _ §k)%§ \` c E? w �w ! w e 22 §% k j ( /)§ §k/ )m k ®k §2 ( k© N PLACE AU SOLE/L ASSOCIATION, INC. Gulf Stream, Florida Timm Sweeney, President James Malone, Vice President Catherine Tetzlaff, Secretary Jackie Lane, Treasurer Muriel Anderson, Director Linda Glass, Director Eric Mangione, Director Edwin McDonald, Director Mr. Richard LaVoie 2775 Avenue Au Soleil Gulf Stream, FL 33483 Dear Mr. LaVoie: P.O. Box 1784 Delray Beach, FL 33447 31 December, 2002 I am writing with regard to the condition of your property, in particular your lawn, trees, and shrubs. I last wrote you on April 29 about this issue, and in a subsequent communication you informed me that your intention was to install new landscaping. Seeing that 8 months have transpired without any such activity, please refer to Clause 11, Section 9 of the Covenants: In the event an Owner shall fail or refuse to keep his premises free from weeds, underbrush, refuse piles, or other unsightly growths or objects, the Place Au Soleil Association, Inc. may enter upon said lands and remove the same at the expense of the owner and such entry shall not be deemed a trespass, and; in the event of such a removal, a lien shall arise and be created in favor of the Place Au Soleil Association, Inc. or its successors and assigns against such lot for the full amount of expense incident to the said removal, and; such amount shall be due and payable within thirty days after the owner is billed therefore. Be advised that unless the problem is corrected, the Association will enforce the above referenced clause. I urge you to contact me at your earliest convenience to discuss the matter. You may reach me at my office on 800 626 5421. Sincerely, Timm Sweeney President TRS /rb