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HomeMy Public PortalAbout03/21/2005 * Case #CE-1-05 * Sununuk Delivery Article 145 Phone (561) 276 -5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 CODE ENFORCEMENT SPECIAL MASTER TOWN OF GULF STREAM, FLORIDA CASE:CE 1 -05 STATEMENT OF VIOLATION AND NOTICE OF HEARING Fax(561)737 -0188 March 21,2005 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 violations) exist(s): 820 Canary Walk, Gulf Stream, FL 33483 2. Legal Description: Lot 26, Place Au Soleil Subdivision 3. Name and address of owner /person in charge where violation(s) exist(s): Charles V. Sununu, 820 Canary Walk, Gulf Stream, FL 33483 4. Violation of Town Code Section(s) and description(s): The entire ]man 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: nrrnbpr 19, 9nn4 s Dt- rpmber 99, 9004 s March 9, 2005 6. Date owner first notified of violation(s) :October 12, 2004 & December 22, 2004 7. Date on/by, which violations are to be corrected: November 11, 2004 & January 23, 2005 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT (561) 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of Gulf Stream Code Enforcement Special master on 3 -11 -Sat 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. William H. H. Thrasher, Town Manager Town of Gulf Stream i- I R s YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE March 29 P 70 517HAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECURS, THE CASE MAY BE PRESENTED TO THE SPERCIAL MASTER EVEN IF THE VIOLATION (S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE VIOLATION. If the Special Master finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, lie /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non- compliance. If the Town is successful in prosecuting your case before the Special Master, FINES WILL BE IMPOSED BY THE SPECIAL MASTER. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Master, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 (thirty) DAYS aRer 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 ?wk- By: Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 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 So eil; 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. 2 y \, � � � � i et -1 �\ � t v S .a U a �`( r [� E m Y c 0 tL Y O N m S E m Y m w Y N m E m r 0 IL Y_ l0 C U 0 N 0 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; #2, 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 45, 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. TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 CASE NO. 1 -05 DATE LOCATION OF VIOLATION: Charles Sununu 820 Canary Walk Gulf Stream, Florida 33483 I, William Thrasher April 25, 2005 , have personally examined the property described above and (Town Official/Inspector) Find that said property is SOW) in compliance with Section(s)22 -31(4) of the Code of the Town of Gulf Stream as of the 25th day of April — 20 a'5 (�4&4, ci".� Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 25th day of April 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 W110 did/did not take an oath. [I�WTIkFtY P °°cF OMM L.TAYLOR �(SEAL) MY('UhIM ISSIUN# UUIIN:�IT Kto' rXPIRES Fchrmry21.21N% FL "ae Sem¢ 8 eonang Inc NOTARY PUBLIC State of Florida TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT 111 ROBERT W. HOPKINS II WILLIAM A. LYNCH April 19, 2005 Charles V. Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Telephone (561) 276.5116 Fax (561) 737.6188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR Hand Delivery Article 1149 As stated in the copy of the Order Finding Violation that is enclosed, you were found in violation of Section 22 -31(4) of the Code of Ordinances of the Town of Gulf Stream by the Code Enforcement Special Master at the Code Enforcement Hearing held on March 31, 2005. At that time you presented an estimate from Blue Diamond Landscaping in the amount of $1,150 to cover replacing the sprinkler system and sod at the above address and indicated you intended to have this work done. The Special Master ordered that this work be completed within 10 business days (which excluded Saturday, Sunday, Legal Holidays or rain) beginning April 4, 2005. Allowing one day for rain, the work should have been completed by April 18, 2005. As of this date we have not been notified by you that the work is completed and ready for our inspection. In view of the above, consider this notice to appear once again before the Code Enforcement Special Master on Monday, April 25, 2005 at 10:00 A.M. in the Town Hall, 100 Sea Road, Gulf Stream, Florida at which time the matter of an appropriate fine will be considered. Very truly yours, Rita L. Tay-7 p Town Clerk Encl. 100 SETA ROAD, GULF STREAM, FLORIDA 33483 RETURN RECEIPT Article Addressed to: Article Number Charles Oinunu 149 820 Ca Walk GT'E Sfteam. FL 33483 Date of Delivery zd c�5 sse) Signature of Agent 7 2k2 § ° * ®/ 2 /m 0 0., m| r £ A - §!C3 e § '7 #2n :k; d \( , j \ ~- gg >mcn k �) § § , ;§ co oomomn »2e » \$ / k)§ ■ § s ) cow »!t /;; , E 0 m $ ; > ] @ m m ,5rom- Bn 0 3(z m q] ] m> a m; ) 2§j 0 ] k� z \ ° ( « >2 k E ■ \ gm> 2 ; ■ Egg m ] -1X 2 | § /m) r� -0 G A. @ 9) w o m w cn c! o a e s° e )\ kj q ) m § ~ z q` k ! ° Q> all" m °\ 7 § k/ Elz M o $)0 z >w z- / - -I \ / (§m k§m §kmz § �> ' > ;/§ ]j§ -` )�\ k \ )) { m f } !z ; / / ) / )\m ■ G j o m 0 a >z 0> § 8,21-1 §) ` ! }> &e \ m � , �2,/ zX \ \§2 `$ ` !gym -D32d �f m Mnm ) § -k P* _ ( > §S>= m S§ ] o ` m )# � ) /& § 222-4 7 ! oe®ca K 4§ ( 2 \k 0 2K� G \§ d�n ) �z ,e O �` = Z cn ADD x ❑ < _ < �c p 0� cn< m 0 °n -0 � Cm +° m cm7zzOo�- MT_. C O *« o O > A r m z m 3M Z-Oi C3 OC OO M L cnZC -iD�D cn '� 'o c m O m A O r�rA nm CO zA m m" N N A rn y D G) O cn . NrD -O A m '^ ZO _ A fin D AO z m0 N O <xDOO >fn � O O M z< =o j-D1 GD y -al Zm OKU)fOil> A ❑ Z m � ° DO Oz .ZI O (� �c M OA *p00= Om r z [cii -i � mS �D r> Zy C 0 VV fD .t m <Xp =zm O --I > n < m m r Z O Z v M O p 0- iG) -ix< m z ❑ r nom_ N 'D �) p2D0m m z rpf, iw �� �0 D d fa -ID0 .z1 m -ml x m 3 P mmmrc)z �ao=D O o -n �D K Z 9 -0 Oz< N M r rt m O r r fn -_ m O W Z; CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER DENYING FINE ASSESSMENT TOWN OF GULF STREAM, Petitioner, Case No. CE 1 -05 V. CHARLES SUNUNU, Respondent. Re: Violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. Address: 820 Canary Walk Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 26 The Special Master appointed by the City 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 25h 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, CHARLES SUNUNU, was present at the hearing and there was a finding of proper notice. 2. The Town Manager testified to and produced photos of the violation. 3. The Town did not request a fine to be imposed. CONCLUSIONS OF LAW Respondent is no longer in violation of the above listed code section of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Master that Respondent, CHARLES SUNUNU, shall continue to comply with the above listed code sections of the Code of Ordinances of the Town of Gulf Stream. A fine of zero - dollars ($0.00) is hereby assessed for the violation that has existed. 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. DONE AND ORDERED this 25th day of April, 2005. TOWN OF GULF STREAM CODEE ORCEMENT BY: Special Master 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 Charles Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Telephone (561) 276 -5116 Fax (561) 737 -0188 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 #1 -05. The violation was for a deteriorating and unsightly lawn as provided in Ordinance No. 04/4, Article II, Section 22-31(4). At the hearing held on April 25, 2005, you were found in compliance. No fines were assessed even though the violation was not corrected within the time frame that was originally ordered. Very truly ours, � truly Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Z }\_ \\ \ § \! 0 0 �2 � �!� 2 z = = - \[/ // _ cr ! E000 §) 0 __ : /[ §§ ( �IU; ;� <w @eW= ` 1L ,L \ \ = 0 § A U)))( < w °k] X\ oE22 > -F- _ zx �( z \ _ w� \\ m- m z ; .• » / LU 0 <\ / o ) wz \ \ \ / \\\ \ q�\ § F- , e 2 0 I ,20 2w }% § >- 222 �` Lu § k0 02 O § §!� §Gm ' ks Z w -5k «y2 «E« - \ /() §!2 §!K (\ & § \ § b y k �, §ice \) ,� §§ 2 § / ;�, \) § }} �o m, ! a � G & § s 2 e o e 0E Go 0 2 �\ /q §k/ ■ k § �ƒ §/ �J z w b w ! W ; \ w [\ , §� �lqq z Lli [ [ § /m ]32§ § ( $ . z 2 ) o ) w § 2 - 0§ §/ V § »�!/ § §L� ¥28k§§ §§ / ( 2 ,/( § 2 0 L) 2 It 5 ) woe o §e k , i / a� q K$8 §m± )6 /®$ o §/ \® RETURN RECEIPT Article Addressed to: Char s Sununu 820 a ary Walk Gul f S ream,,PL 33483 or Signature of Agent Article Number 145 Date of Delivery vS au�fil c� s.� 3 =�6g�3 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, V. CHARLES SUNUNU, Respondent. Case No. 1 -05 Re: Violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. Address: 820 Canary Walk Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 26 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 3151 day of March , 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, CHARLES SUNUNU , 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. 3. The Respondent testified to and produced invoices for work to be done. CONCLUSIONS OF LAW Respondent is in 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 Respondent, CHARLES SUNUNU , shall comply with Section 22 -31(4) of the Code of Ordinances of the Town of Gulf Stream in the following manner: The Respondent has ten (10) business days (which excludes Saturday, Sunday, Legal Holidays or rain) beginning April 4, 2005 to come into compliance. If Respondents do not comply within the time specified, a fine of up to two- hundred- fifty- dollars ($250.00) per day shall be assessed for each day the violation continues to exist. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 315` day of March, 2005. TOWN OF GULF STREAM CODEENFORCEMENT BY: itAn� pecial Master 7002 &m ±aS 33l &s cn } | § % \�\ 1 c = _ a \ /[ § 7( &-4 £ /2` \-` &: ? « m;; kk/ 7 2(,¥& ! ! mn e PO 0 / \ } \(0 ( c -- B \\ o / 9 § 7 /OA § E CO E E , x { ❑ ❑pE \ &(!!, J\| ]\ ! >��`�/ Z \ \)/ �■ &| k \ ƒ,§§ | # (E |! ❑ \ ❑❑ . ❑ | WS E }, %- ,}# h� k�KR} 3 !! F }(/ � 'R( q }88 � ! |� .5 E; f !$ E; !, M( -0 q 2 |`+E (Er •2m / n /!2§, 0Nxg0N..� ! >! ; »; K \ 7E EL !!.l / \% \ { �)& ( kE5 ® 0 / \�/ � \ k ccn � \\ 2 I! / CD \ 2 CD co § aZ � 2 � $ ) ID CL A® CL � $ d N 2 . k ( ccn � \\ 2 I! 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. Charles Sununu 807 George Bush Blvd. Delray Beach, FL 33483 NOTICE OF VIOLATION RE: 820 Canary Walk, Gulf Stream, FL 33483 Dear Mr. Sununu: Telephone (561) 276 -5116 Fax (561) 737 -0186 Town Manager WILLIAM H, THRASHER Town Clerk RITA L. TAYLOR CERTIFIED MAIL RETURN RECEIPT REQUESTED On October 12, 2004 we sent a courtesy notice to you advising that the condition of your lawn at 820 Canary Walk 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 above. jV�\ery t'rluly yours, WTI William Thras r Town Manager Encls. 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 11 WILLIAM A. LYNCH October 12, 2004 Mr. Charles Sununu 807 George Bush Blvd. Delray Beach, FL 33483 -5719 Courtesy Notice Re: 820 Canary Walk, Gulf Stream, FL 33483 Dear Mr. Sununu: Telephone (561) 276-5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR The Town has received several complaints from surrounding property owners asking for improvement your lot's condition. The lawn in front of 820 Canary Walk 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 mhy 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 i_ (� Palm Beach County Property Appraiser Property Search System Pagel of 2 Property Information Location Address: 820 CANARY WALK View Map Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0260 Subdivision: PLACE AU SOLIEL Official Records Book: 14794 Page: 1202 Sale Date: 3an -2003 Legal Descri tion: PLACE AU SOLEEL LT 26 a�wnnr iur�n ua uon Name: SUNUNU CHARLES V All Owners Mailing Address: 807 GEORGE BUSH BLV DELRAY BEACH FL 33483 5719 " 2003 2002 . Sales Date Book Page Price Sale Type Owner All Sales Jan -2003 14794 1202 $10 WARRANTY DEED SUNUNU CHARLES V Jan -1991 10143 1288 $100 QUIT CLAIM Jan -1979 03096 0600 $118,000 NO DATA FOUND r,xt:mpuuns Exemption Information Unavailable. Tax Year: Improvement Value: Land Value: Total Market Value: 2004 P 2003 2002 . $115,654 $10 841 $85,498 $155,000 �,0 0 000 $80,000 $270,654 $180,8411 $165,498 Use Code: 0100 Description: RESIDENTIAL * in residential properties may Indicate living area. Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: -tax valuer Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2004 P $ 2003 1 20_02_ $270,654 $148,7471 $145,261 0 $25,0001 $25,000 $270,654 $123,7471 $120,261 2004 P 2.003 1 2.002 $ $5,140 $2,1301 2 389 $104 $104 104 $5,244 $2,5241 $2,493 Tax Year 2004 Number of Units: i *Total Square Feet: 2636 P = Preliminary Values Back to Search Previous Pag Print Structure Detail Tax Calculator Details Record Search I Information I Exemptions I Community I Employment 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 FFQ I Forms I Contact Us I PAPA http: / /www.co. palm - beach. fl.uslpapalaspx /webldetail_info. aspx ?p_entity= 204346042 2000... 10/12/2004 ORDINANCE NO. 04/4 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 I. 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 subject to the general penalty section of this t be code or, alternatively, shalll 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 22-104 inclusive, in its entirely, and substituting therefore the following new Article II eritilled Unsightly, Unsafe or Unsanitary Conditions to read as follows. "ARTICLE II. UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS Sec. 22-31. Prohibited. 1. 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(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 slate 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. (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 stale of repair. Sec. 22 -33. 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JanauagM 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 file 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. 1. (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. (fl) 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 •ale4 an110ali3 •g uoiloas weeilS 1InJ to unnol agl 10 sa0ueulpJo 10 apoo leloJlo agl 10 lied a apew pue pail!poo aq pegs aoueuipJo sIgj 11011eollipoo 5 uolloas paleadaJ (gaJag aJe a0ueuipJo sap to lied (ue Jo slgi ql!M 10111u00 gOlgrn loaJagl shed Jo 'epuolj 'weaJlS lino 10 urnol agl 10 saoueulpJO J9410 IIV •lollluoo w saoueulpJo to leada�{ .b uolloas •algeJanas paJeloap AgaJag aJe aoueulpJo s14110 suolslnoJd aql pug slgl of pue 'suogeoildde Jo suolslnoJd pgenu! agl lnogl!rn loa11a uan16 aq ueo golgrn eoueuipJo slgl 10 suolleoildde Jo suolslnoJd Jaglo a411oa11e lou Ilegs Ll!p!lenw Bons 'p!lenul play s! 1oajagl uolleolldde aql Jo eoueulpJo slgl to uolslnoJd Aue 11 Ll!I!geJanaS •£ uo11OaS uolloaS 'll a10liJd 'Z Jaldego of luensJnd uoiloipsiJnf seq golgM luawoololua apoo of paJJalaJ aq Aew aloilJe slgl to suolslnoJd aq] 10 Aue 10 uolleloln e 'Alleuoil!ppy •saoueuipJo 10 apoo s,urnol ag110 g 4-4 uolloaS of luensmd pags!und aq 'uoilolnuo0 uodn 'AE!w alo!}Je slgl 10 uollejoln agl 'ulaJag paquosaJd sailleued agl 01 uo11!ppe ul Llleuad •6C-ZZ'OaS •lslxe Aoua6JauJa ue pinogs AlJadoJd alenud Jo oilgnd uo bullslxe aoueslnu Aue alege Alaleipawwi of Aluoglne s,unnol aq1 1!w11 01 panJlsuoo aq !legs aloilia slgl ul BUNION •uollOe Aoua6Jaw3 '8£-ZZ •00S •alol;Je slgl 6u1lelo1n uosJad Sue lsulebe 'sa6ewep Jol Jo 'uollounful lueuewJad 'uogounful 6jejodwaj 'JapJo 6ulumilsaJ tieJodwal e 101 su0110e JIM aleudoJdde el!1 of pazlJoglne s! JsauJolle urnol @41 '9101lJe slgl ul papinaJd s861e40 pue salpawaJ Ja410 aql 01 uoll!ppe ul suo!loe i!nlo 'L£-ZZ -30S 1oaJ8gl U0110@1100 aOJOlua 01 Ja6eueVq urnol aql 6ulpueww00 (4 4) •uo110a1100 JO s}so0 pue 1saJalu! q1!M Ja410601 'anoge paleolpui se sluawssasse leloads Bons 10 slunowe an110adsaJ a41 Jol paquosap u1aJa11 se A}JadoJd eql uodn pue ;sulebe 'saxel ldaoxe 'swielo Jaglo lie of JolJadns 'ua11 a ssassod pue lJasse 'aneg JIeqS urnol aql leq-L (04) -reel Aq paJinbaJ se 'Jadedsmou a ui uoileoiignd Jo '6uilsod Aq pagsilgnd aq of uoilnlosaJ aq) asneo Ilegs N ialo uMol aq) leg! (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 -.171-h day of September 2004, and for a second and final reading on this 8th day of October 2004. Mayor)_ ATTEST: Clerk N:VCRI13147- 0110rd Chapter 22Arl I& II. DOG Commissioner Commis toner Commissioner 7 rYl�- •—��'_ Blue diamond landscaping 14885 Whatley Rd. Delray Beach, Fl. 33445 (561) 715 - 8374. Bill To: Charlie Sununu 820 Canary Walk Gulfstream, Fl. 33483 Estimate Number: E124 Date: March 27, 2005 Ship To: Charlie Sununu 820 Canary Walk Gulfstream, Fl. 33483 PO Number Account No. Customer# Code 010130 00180 Date Description Amount 750.00 800.00 (400.00) Landscape proposal. Replace sprinkler system New sod for about 2 000 sq. ft. work schedule, April 4/2005. $400.00 deposit Total $1,150.00 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. Code r`Jirol -6tion Hearing March 31, 2005 page 1 MINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON THURSDSY, MARCH 31, 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 10:07 A.M. and administered the Oath to Charles Sununu, Town Manager William Thrasher and Town Clerk Rita Taylor. The Special Master announced that the case being heard is Case No. 1 -05, addressing a code violation at 820 Canary Walk, Lot 26 Place Au Soleil Subdivision, Gulf Stream, Florida that is owned by Charles V. Sununu. Noting that the respondent is present, she asked the Petitioner, Town of Gulf Stream, to present the facts of this case. Town Manager Thrasher, for the Town of Gulf Stream, presented a copy of the Statement of Violation which was marked as Town Exhibit #1; • proof of delivery signed by Mr. Sumunu on March 22, 2005 attached to • police report from the officer who made the delivery, marked as Town Exhibit #2; proof of Mr. Sununu's ownership from the Property Appraiser marked Town Exhibit #3; three photographs of the lawn at 820 Canary Walk dated 3 -9 -05 and marked as Town Exhibit #4; a copy of the Notice of Violation dated December 22, 2004 with a receipt of Certified Mail dated 12 -23 -04 marked Town Exhibit #5; copy of a Courtesy Notice of Violation dated October 12, 2004 maked as Town Exhibitl /6; A copy of Ordinance No. 04/4 highlighting Section 22 -31(4) as which prohibits having dead or dying grass on the property marked Town Exhibit #7. Mr. Thrasher explained that all of the correspondence and /or notices explained that the condition of the lawn at 820 Canary Walk is in violation in that the lawn is either dead or dying. He added that each of the notices directed the violation to be corrected in 30 days. Special Master Donlon asked Mr. Sununu if he had comments regarding this noticed violation. Mr. Sununu acknowledged the violation and stated he had contacted a landscaper during the mid - winter with regard to replacing the lawn but had not carried through at that time. He then presented an estimate for this work dated March 27, 2005 in the amount of $1,550 from Blue Diamond Landscaping which indicated there was a $400 deposit made for the work which included replacing the sprinkler system and 2,000 sq. ft. of new sod, with a commencement date shown as April 4, 2005. This was marked Respondent Exhibit #1. GOn being shown a copy of the estimate, Town Manager Thrasher'did not believe 2,000 sq. ft. of sod would cover the entire lawn. When asked by the Special Master, Mr. Thrasher stated the work should be able to be completed in 10 working days, excluding Saturdays, Sundays, Holidays and rain days. In her ruling, the Special Master found that proper notice had been given, the violation does exist as stated and that the Town's request that the work be completed within 10 working days, excluding Saturday, Sunday, Holidays and rain days, commencing on April 4, 2005 is reasonable and so ordered. She stated that if Mr. Sununu is not in compliance at the expiration of this period, another hearing would be called at which a daily fine would be considered, up to $250.00 per day. Code Violation Hearing page 2 March 31, 2005 Special Master Donlon announced that Case No. 2 -05 would be heard at this time. Town Manager Thrasher stated that this violation is located at 2775 Avenue Au Soleil, Lot 93 Place Au Soleil Subdivision, Gulf Stream, FL that is owned by Richard Lavoie. He advised that this violation is also for having a deteriorating and unsightly lawn but that proof that Mr. Lavoie received notice of this hearing had not yet been received. Mr. Thrasher requested a continuance of this case to a time to be decided after contact has been made with Mr. Lavoie. The Special Master grantee' the request.. This concluded the hearing and the Special Master adjourned the hearing at 10:20 A.M. PIA /- / Rita L. Taylor, own Clerk Blue diamond landscaping 14885 Whatley Rd. Delray Beach, Fl. 33445 (561) 715 - 8374. Bill To: Charlie Sununu 820 Canary Walk Gulfstream, Fl. 33483 Estimate Number: E124 Date: March 27, 2005 i[•r Charlie Sununu 820 Canary Walk Gulfstream, F1. 33483 PO Number Account No. Customer# Code 010130 00180 Date Description Amount Landscape proposal. Replace sprinkler system New sod for about 2 000 sq. ft. work schedule, April 4/2005. $400.00 deposit 750.00 800.00 (400.00) Total $1,150.00 2 -I §242 GULF STREAM CODE on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom- mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commis- sion. (12) The town manager shall represent the town before appointive officers of other governmental bodies except when the town commission shall have designated some other person to act. (Ord. No. 89 -3, § 1, 5 -5 -89) Secs. 2- 43 -2 -55. Reserved. ARTICLE III. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2- 56 -2 -65. Reserved. DIVISION 2. CODE ENFORCEMENT Sec. 2 -66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." (Ord. No. 98 -3, § 1, 5- 14 -98) Sec. 2 -67. Special master; term. (a) There is hereby established a special mas- ter who shall be designated by the town commis- sion. (b) The special master shall be appointed for a term of two years. (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 code or ordinance. `. (Ord. No. 98 -3, § 1, 5- 14 -98) .. r ADMINISTRATION Sec. 2 -69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager and responsible for the enforcement of such ordinances, hereinafter referred to as a "code enforcement officer," may initiate code enforcement proceedings and issue citations or notices of violation to a person or persons to appear in front of the special master when the code enforcement officer, upon personal investigation, has reasonable' cause to believe that the person or persons are in violation of the codes cited in this division. Employees who may be designated as code enforcement officers may include but are not limited to, code inspectors, law enforcement officers, public works inspectors, fire safety inspectors, and zoning inspectors. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsec- tion (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the special master and request a hearing. The special master shall sched- ule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2 -75 to the violator. At the option of the special master, notice may additionally be served by publication or posting as provided in section 2 -75. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the special master even if the violation has been corrected prior to the special master hearing, the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not re- quired to give the violator a reasonable time to correct the'violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special master and request a hearing. The special master shall schedule a hearing and shall provide notice pursuant to section 2 -75. The case may be presented to the special master even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special master retains the right to schedule a hearing to determine costs and impose the payment of rea- sonable enforcement fees upon the repeat viola- tor. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the special master. A repeat viola- tion is a violation of a provision of a code or rno.r 1.70 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 '. . 4 .. ers, successors in interest, or assigns if the viola- tion concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns. (Ord. No. 98 -3, § 1, 5- 14 -98) Sec. 2 -71. Powers. The special master shall have the power to: (1) Adopt rules for the conduct of his/her meetings and hearings. (2) Subpoena alleged violators and witnesses to his/her hearings. (3) Subpoena evidence as necessary for his/ her hearings, including, but not limited to physical and documentary evidence such as records, surveys, plats and photo- graphs. (4) Take testimony under oath. (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, such decision to be made at the hearing and reduced to writing and mailed to the respondent(s) within ten working days thereafter. (6) Establish and enforce fines pursuant to section 2 -72. (7) Authorize the town attorney to foreclose on liens imposed pursuant to section 2 -72 which remain unpaid after a period of three months. (8) Authorize the reduction of any fine he /she has imposed. (Ord. No. 98 -3, § 1, 5- 14 -98) Sec. 2 -72. Administrative fines, costs of re- pair; liens. (a) The special master, upon notification by the code inspector that an order of the special master has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special master for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the special master. In addition, if the violation is a violation described in subsection 2.69(d) of this division, the special master shall notify the local governing CD2:6 body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the rea- sonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a special master finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b), below. (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first viola- tion, and shall not exceed $500.00 per day for a repeat violation, and, in addition may include all costs of repairs pursuant to subsection (a), above. However, if the special master finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per viola- tion. (c) In determining the amount of the fine, if any, the special master shall consider the follow- ing factors: (1) The gravity of the violation; (2) Any actions taken by the violator to cor- rect the violation; and (3) Any previous violations committed by the violator. (d) A certified copy of an order imposing a fine may be recorded in the public record and thereaf- ter shall constitute a lien against the land on which the violation exists, and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judg- ment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursu- ant to this section shall continue to accrue until the violator comes into compliance or until a judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the town and the town may execute a satisfaction or re- lease of a lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the town may authorize the town attorney to foreclose on the lien. No lien created pursuant to the provisions of this section ..s ADMINISTRATION may be foreclosed on real property which is a homestead under Section 4, Article Y of the State Constitution. (Ord. No. 98 -3, § 1, 5- 14 -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. 98 -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 bther 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 nn ,)•7 2-76 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. 9 2.76 GULF STREAK[ CODE (b) In considering an application to reduce a fine or lien imposed pursuant to section 2 -72, no satisfaction thereof shall be approved by the spe- cial master with less than full payment thereof, unless the special master shall make a specific finding that no violation of any ordinance de- scribed in section 2 -68 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to section 2 -72 that is reduced by the special master shall be paid on such terms as approved by the special master. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, the spe- cial master may reduce such fine even if the violation has not been corrected. (Ord. No. 98 -3, § 1, 5- 14 -98) Sec. 2 -77. Provisions supplemental and cu- mulative. Nothing contained in this division shall in any way bar or prohibit the maintenance of a suit at law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from filing charges against 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 Palm Beach County Property Appraiser Property Search System Page 1 of 2 Property Information Location Address: 820 CANARY WALK View Map Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0260 Subdivision: PLACE AU SOLIEL Official Records Book: 14794 Page: 1202 Sale Date: 3an -2003 Legal Description: PLACE AU SOLEIL LT 26 owner anrormacuon Name: SUNUNU CHARLES V All Owners Mailing Address: 820 CANARY WAL GULFSTREAM FL 33483 6104 Sales Date Book /Page Price Sale Type Owner All Sales Jan -2003 14794/1202 $10 WARRANTY DEED SUNUNU CHARLES V Jan -1991 10143/1288 $100 QUIT CLAIM Jan -1979 0309610600 $118,000 NO DATA FOUND c�ccmpuuna Regular Homestead $25,000 Year of Exemption: 2005 Total: $25,000 . kqj. Tax Year: Improvement Value: Land Value: Total Market Value: 2004 2003 2002 $115,654 $102 2 $85,498 $155,000 80 000 $80,000 $270,654 $180,8411 $165,498 Tax Year 2004 Number of Units: I. *Total Square Feet: 2636 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: - lax values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2004 2003 2002 $151,57 148 747 145 261 25 000 25 000 25 000 $126,573 $123,7471 120 261 2004 2003 1 2002 $2,404 $2,4201 $2,389 104 104 104 $2,508 $2,5241 $2,493 Back to Search Previous Page Print Structure Detail Tax Calculator Details NOTE: Lower the tap 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 Commrmity I Employment I New Home Buver I Office Locations http: / /www.pbcgov.com /papalaspx /web /detail_info. aspx ?p_cntity= 20434604220000260 &... 3/22/2005 /-3