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.
I-�
r r
L
-sagguenb algeuoseajun ul 'sJapuh
jo 'loos 'se6 leglal 's@wnl leglal jo snolxou 'a�ows asuao (g))
"punoi6lo aoaid jo lol Aup uo
paLUelulew Jo palllwjad JaleM lueu6els to uogelnwnooe /uy (9 �)
"paulelulew Jo paLwoljad 'palonpuoo
sl Mel lejapal Jo 'alels 'leool to uogelOIA ul sl goalM (lingoe
Sue ajagM uogeool jo eoeld Jaglo Jo 'amlonils '6ulpllnq Suy (p
"saouelsgns JaLllo JO 'salseM lelo]aWLUOo
'slewlue peep 'a6eMas Aq ja1eM to Apoq Jo 'leueo
'ailel 'weeds 'walslo jo llaM ollgnd Aue to uoilnllod oql (Cl,)
"Llleap Salle awg algeuoseaj
e ulgllM to pasodslp lou Imol jo slewlue to sasseojeo aql (z 6)
"sagouals
pue siopo gons to uogejaua6 jo uolsslwa aql 01 aslJ
aAl6 golyM sasneo iaglo jo 'seouels -qns 'suolllpuoo aql se
llem se 'sagouals pue siopo snolxougo jo algeaaj6esip II'd (L4)
"saslou lewlue 6uipnloul 'suollejglA
6ul(ouue pue saslou pazljoglneun jo tiessaoeuun Ild (o 4)
"paleool
sl )l aJagM A)IulotA aq) ul pJezeq and snoja6uep tieuipio uegl
alow a sluesaid Jo 'JO@JOgl AjIulolA 041 w bulplsai aldoad
to glleaq aq) o) aoeuaw a sl 1! legl uoglpuoo tiel1uesun
ue gons ul lda% jo 'uol)ellgeq uewnq jol lllun sl legl uoglpuoo
palepldellp a qons ul sl golgM einloni)s Jaq)o JO 6ulpllnq AuV (6)
"ulwJaA Jaglo Jo "saNeus
'aolw 'slej jol a6ejogieLl saplAOJd yolgM uoglpuoo Auy (g)
"uoglpuoo snoiabuep jo
6uglel a ul sainlonils ja410 jo slleM 'sloop 's6ulpllnq jo purl
Aue to sulni 'sainlonils jo s6ulpllnq 6uiAeoap jo p@Aeoaa W
•sljgap Jo gseil '96egje6 'gllld (g)
"sloafoid uogonilsuoo wojl 6uglnsai
jo gIIM uogoauuoo w pasn leualew llll jaglo jo llos 'pues (g)
-glMoi6 snolxougo
jo slooi 'sdwnls 'sgnjgs 'ssei6 'saajl 6uiAp ao peal (y)
"punoj6 aql anoge 1g61aq ul
sagoul lg6ta uegl jaleaA aq Ilegs legl ssei6 jo spaaM 'L)sni8 (£)
"gpeaq of leluawljlap aq
Aew leg) sllsod -op jaq)o Aue jo 'gllll jo gsej) 'jaleM to slood
leaouOO Aew )eq1 gWOJG leuoge)a6aA �ueJ Jo g611 'sJopo
snolxou jo )uesealdun sapnxa legl g1Moj6 leuollela60A �ue}q (Z)
"jaldego
slgl ul suolslAojd aql to (ue to uogelolA ul suoglpuoO (1.)
: Sue uoajegl 11Lwad JO aneq 01 uMO L aq) ulgllM puel
to jauMo Aue jol aoueslnu a alnlgsuoo lleqs pue 1nlMelun eq llegs 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 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. Notice to abate; content.
3
aneLl of pawaap aneq pegs uosiad agl 10 'uolsslLUUioo uMOl aLp aJolaq
6uueaq a lsenbai Ism] pue a011ou 9Lp 1O 6ullsod jo 6ullleui aql 10 sAep
Ual ulgllM 'SUOIIOafgo JaLl Jo snl 'Ja6eueW uMOJ_ aLp of 6ulluM ul luasald
lsnw 'jaldepq.ns slgl Japun luawssasse leloads e 10 Anal Jo luawalege
jo uolssaiddns 'lenowaJ pasodoid aql of slOafgo OLIM 'palsaJalul
aslMUaLpo Jo panowai Aliedoid agl 6ulAdn000 JO 6ulUMO uosjad Auy
-FRIPEOH 't�C-ZZ 'OaS
• panlonw
puel a41 Jo Apolsno jo aleo aql 6u1neLl uosiad JO luedn000
'JauMo Lions Jo ssajppe uMOUM lsel agl 01 'Ilew jeln6ai
Aq pue 'palsonbaj ldlaoaj wnlaj 'flew paipim Aq palleLu
1oajagl Adoo a pue saslwajd aLll uodn aaeld snonoldsuoo
e ul palsod 9q pegs aollou Lions 'Annbul 1u96!I!P pue
a19euoseal Salle UMOl aql ulgllM punol aq louueo uelpolsno
jo luedn000 'jauMO aql Juana aq1 ul 'UMOJ aql UILIPM
jo saslwaid aql uodn punol aq aqs jo aq JI 'panlonul Aljadad
jelnO.lied aql Jo Apolsno jo ejeo aql 6ulneq uosiad jo
luedn000 'lauMo aql uodn pamas aq llegs aollou Lions legl (L)
'panlonul saslwaid aql Jo luedn000 Jo
jauMo aql Aq awoq aq of aollou pauolluawaJOle aql ul gUO1
las lunowe palewllsa aql 10 uopodad a41 paaOxa Juana
ou ul llegs luawssasse Lions papinoid 'panlonul saslwajd
aql Jo luedn000 jo jaumo agl lsule6e 'lsnf pue a19ellnba
waap Am 1! se 1oajagl uolpodoid Lions jo '6ulop os
Jo lSOO a41 ssasse pue awes aql alege jo ssaiddns 'anowaJ
IIIM uMOl a4i 'aollou a41 10 9owas ja11e sAep gl uegl ssal
lou aq of 'a011ou aLi1 ul palels awll a41 ajolaq jo uo palege
jo passaiddns 'panowaj AlangOajja uaaq seLl uo!1!P000
jo eouaiin000 'Joe pallgl4ad Lions ssalun le4l alelS (9)
-panlonul saslwaid aql Jo luedn000 jo jauMo aql Aq awoq
eq llegs golgM lunowe palewgsa Bons Jo uolliodoid agl (q)
•Aue JI 'uMo 1
e41 Aq awoq aq of pasodoid lsoo Lions 10 mpodoid aql (y)
awes 6ullege jo
6ulssaiddns '6ulnowaJ 10 lsoO 112101 aq1 lanoO labeuelN UmOl
agl Jo uoluldo aql Ul IIIM 4OILIM ]SOO Ie101 palewllsa 941 alelS (C)
'pauleluleui s1 Jo slslxa
awes agl gO14M uo Apadoid a4l Jo uollduosap le6al ag1 a1elS (Z)
'auies A19uapl Aluleld of Ilelap lualolJlns
ul 'uogipuoo jo aouaiin000 'toe pallglgojd a41 aq!JOSap ( f)
:IleLls aollou aLll
•aoueslnu agl alege jo ssaiddns 'anouiai of a3110u
uallljM a aoueslnu Lions qlp UOIIOauuoO ul Jo uodn puel Jo laoied jo lol
Aue Jo Apolsno Jo ajeo aql 6ulneq jo BwAdnmo '6wuMO uosiad ail uodn
pamas aq of asneo pue aouesmu aLp 6ullege jo 6ulssajddns '6ulnoLUaJ
1O )SOO 12101 aql to alewgsa ue aiedaid gl!M41JOJ Ilegs aau6lsap s ja6eueW
uMOl ag1 jo ja6euelN uMol a41 'jaldeLIO sap 10 suolslnoid aql of luensind
UMOJ a41 ulgllM slslxa aoueslnu a 1e11 uoge611sanul Salle 'aau6lsap
s,uMOl aLp JO 'Ja6euelp UMOl aLp of jeadde 01 apeui s1 1! 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