HomeMy Public PortalAbout10/31/2007 * Case #CE-4-07 * ShafferTOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
CASE NO. 4-07
LOCATION OF VIOLATION:
Herbert V. Shaffer, II
2765 Cardinal Circle
Gulf Stream, Florida 33483
DATE: October 31, 2007
I, William H. Thrasheahave personally examined the property described above and
(Town Official /Inspector)
Find that said property is (NOT) in compliance with Section(s) 22 -31(4) of the
Code of the Town of Gulf Stream as of the 4nrh day of nnYnhar , 20 07
"A. - a
Affiant
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 31, r day of
October 2007 by William H. Thrasher Town Official /Inspector,
who is personally known to me or who has produced a Florida driver's license as
identification who dAdid not take an oath.
,Oe;'. aeq, RITALTAYLOR •'
(SEAL) MY COMMISSION %00494672
"
EXPIRES: February
rySeNi ces s NOTARY PUBLIC
90nded Thm Budget Notary Servi
State of Florida
CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
ORDER FINDING CONTINUED VIOLATION AND CONTINUED FINE
TOWN OF GULF STREAM,
Petitioner,
V.
HERBERT V. SHAFFER, II,
Respondent.
Case No. 4 -07
Re: Violation of Section 22 -31 (4), of the Code of Ordinances of the Town of Gulf Stream.
Address: 2765 CARDINAL CIRCLE
Gulf Stream, Florida
Legal Description: PLACE AU SOLEIL LT 3
The Special Magistrate 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 23`d day of October, 2007, 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, HERBERT V. SHAFFER, II, was present at the hearing and there was
a finding of proper notice.
2. The Town Manager, Bill Thrasher, introduced photos, and testified to the ongoing
violation.
3. The previous Order Assessing Fine required a fine be imposed beginning September 5,
2007, if the tree debris was not properly disposed of or stored.
4. The Respondent testified and claimed the property was in compliance.
5. The ficus tree debris is located within the Respondent's property, some of which is 11uw
covered by a blue tarp.
6. The storage of the debris is not proper because it is a nuisance to have or permit debris,
dead trees or stumps, or conditions which provide harborage for rats, mice, snakes, or
other vermin, pursuant to Section 22 -31 (4), (6), and (8) of the Code of Ordinance of the
Town of Gulf Stream.
7. The Town did not enter onto Respondent's property as alleged by the Respondent.
CONCLUSIONS OF LAW
Respondent remains 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 Magistrate that Respondent, HERBERT V.
SHAFFER, II , shall immediately comply with Section 22 -31 (4), of the Code of Ordinances of the
Town of Gulf Stream.
Respondent is hereby assessed the previously ordered fine in the amount of twenty -five-
dollars ($25.00) per day beginning September 5, 2007. A fine of fourteen - hundred - dollars
($1,400.00) has accrued from September 5, 2007 through and including October 30, 2007, and
will continue to accrue at twenty -five- dollars ($25.00) per day for each day the violation
continues to exist.
A certified copy of this Order may be recorded in the Public Records of Palm Beach County,
Florida, and, once recorded, shall constitute a lien against the property upon which the violation
existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter
162, Florida Statutes for the original amount
Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code
Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 30`h day of October, 2007.
TOWN OF GULF STREAM
CO (ENFORCEMENT
BY:
Special Magistrate
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS D. WHEELER
MORIEL J. ANDERSON
October 31, 2007
Herbert V. Shaffer, II
2765 Cardinal Circle
Gulf Stream, F1. 33483
Dear Mr. Shaffer:
We are enclosing an Affidavit of Non - Compliance covering a code
violation at the above address, cited under Case &4 -07. Also
enclosed is the Order Assessing Fine issued by the Special
Magistrate as a result of the hearing held on October 23, 2007.
Inasmuch as you were found to still be in violation of Section
22 -31(4) of the Code of Ordinances of the Town of Gulf Stream,
the Special Magistrate assessed the previously ordered fine in the
amount of $25.00 per day beginning September 5, 2007. A fine of
$1,400.00 has accrued from September 5, 2007 through and including
October 30, 2007, and will continue to accrue at $25.00 per day
for each day the violation continues to exist.
Please notify this office for an inspection at such time as the
violation has been corrected.
Very truly yours,
Rita C L.
lerk Tay
Town Clor O
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Telephone
�� •
(561) 276-5116
=�,
Fax
(561) 737 -0168
' �' • ^�
Town Manager
•� a.,
WILLIAM H. THRASHER
Town Clerk
RITA LTAYLCR
We are enclosing an Affidavit of Non - Compliance covering a code
violation at the above address, cited under Case &4 -07. Also
enclosed is the Order Assessing Fine issued by the Special
Magistrate as a result of the hearing held on October 23, 2007.
Inasmuch as you were found to still be in violation of Section
22 -31(4) of the Code of Ordinances of the Town of Gulf Stream,
the Special Magistrate assessed the previously ordered fine in the
amount of $25.00 per day beginning September 5, 2007. A fine of
$1,400.00 has accrued from September 5, 2007 through and including
October 30, 2007, and will continue to accrue at $25.00 per day
for each day the violation continues to exist.
Please notify this office for an inspection at such time as the
violation has been corrected.
Very truly yours,
Rita C L.
lerk Tay
Town Clor O
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
IICUVR✓ MIY✓ RL 1 URIY I V.
Jahn, C• Randolph, Esquire
Jones, = Oster, Johnston & Stubbs, P.A.
3ost Otfice Box 3475, WPB, FL 33402 -3475
NILL CALL #85
CODE ENFORCEMENT ORDER
IIII 1111111111111111111111111111111111111111111
TOWN OF GULF STREAM, FLORIDA
ORDER FINDING CONTINUED VIOLATION AND CONTINUED FINE
TOWN OF GULF STREAM,
Petitioner,
V.
HERBERT V. SHAFFER, 11,
Respondent.
Case No. 4 -07
Re: Violation of Section 22 -31 (4), of the Code of Ordinances of the Town of Gulf Stream.
Address: 2765 CARDINAL CIRCLE
Gulf Stream, Florida
Legal Description: PLACE AU SOLEIL LT 3
The Special Magistrate 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 23`d day of October, 2007, 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, HERBERT V. SHAFFER, II, was present at the hearing and there was
a finding of proper notice.
2. The Town Manager, Bill Thrasher, introduced photos, and testified to the ongoing
violation.
3. The previous Order Assessing Fine required a fine be imposed beginning September 5,
2007, if the tree debris was not properly disposed of or stored.
4. The Respondent testified and claimed the property was in compliance.
ca -n
5F=
M
W hN
OF
OF
r 'a
-1
X r3
O
O W
O
v O
4 p
M m
X ru,
K)
fly
J
f�l
r.�
0
X
-a
m
3
�.r
n
a
0
w
Q
�r
is
m
a
rty
a
r.a
a
Nil
0
2:�Y
YJi
5. The ficus tree debris is located within the Respondent's property, some of which is 110 ==
covered by a blue tarp.
6. The storage of the debris is not proper because it is a nuisance to have or permit debris,
dead trees or stumps, or conditions which provide harborage for rats, mice, snakes, or
other vermin, pursuant to Section 22 -31 (4), (6), and (8) of the Code of Ordinance of the
Town of Gulf Stream.
7. The Town did not enter onto Respondent's property as alleged by the Respondent.
CONCLUSIONS OF LAW
Respondent remains 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 Magistrate that Respondent, HERBERT V.
SHAFFER, II, shall immediately comply with Section 22 -31 (4), of the Code of Ordinances of the
Town of Gulf Stream.
Respondent is hereby assessed the previously ordered fine in the amount of twenty -five-
dollars ($25.00) per day beginning September 5, 2007. A fine of fourteen - hundred - dollars
($1,400.00) has accrued from September 5, 2007 through and including October 30, 2007, and
will continue to accrue at twenty- five - dollars ($25.00) per day for each day the violation
continues to exist.
A certified copy of this Order may be recorded in the Public Records ofPahn Beach County,
Florida, and, once recorded, shall constitute a lien against the property upon which the violation
existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter
162, Florida Statutes for the original amount
Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code
Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 30`h day of October, 2007.
TOWN OF GULF STREAM
CO ENFORCEMENT
BY:
Special Magistrate
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. OEVITT III
CHRIS D. WHEELER
MURIEL J. ANDERSON
January 10, 2008
Herbert V. Shaffer,
2765 Cardinal Circle
Gulf Stream, Florida
Dear Mr. Shaffer:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
II
33483
Telephone
(561) 276 -5116
Fax
(561) 737.0166
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA LTAYLCIR
We are enclosing a copy of the Code Enforcement Order that has
been recorded in the Official Records in Palm Beach County, thus
constuting a lien on the property at 2765 Cardinal Circle in the
Town of Gulf Stream.
Very truly yours,
Rita L. Taylor
Town Clerk
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
JONES
FOSTER
JOHNSTON
& STUBBS, P.A.
Attorneys and Counselors
John C. Randolph, Esquire
Direct Dial: 561 - 650 -0458
Direct Fax: 561 - 650 -0435
E -Mail: jrandolph @jones- foster.com
January 8, 2008
Ms. Rita Taylor, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream Florida 33483
Re: Town of Gulf Stream
Herbert V. Shaffer
2765 Cardinal Circle
CEB Case No. 4 -07
Our File No. 13147.1
Dear Rita:
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659 -3000
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402 -3475
Enclosed for your records is the original Order Finding Continued Violation and
Continued Fine, relating to the above captioned matter, which was recorded on
December 27, 2007, in Official Record Book 22346, Page 201, public records of Palm
Beach County, Florida.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A
Z9
John C. Randolph
JCR /ssm
Enclosure
www.jones foster.com
27L5 13fe27,1VAL Cleez.y
,—,/NAL /NSrfcxlp v
- --
.r
i�117n /. OAn /JS . —n iii li .4'v �7li. .ri Ob. n 47,1 <L Z 7 7 %nnr Y'. niL i�6i
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS 0. WHEELER
MURIEL J. ANDERSON
January 10, 2008
Herbert V. Shaffer,
2765 Cardinal Circle
Gulf Stream, Florida
Dear Mr. Shaffer:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
II
33483
�. LF
F.
2 •:
Telephone
(561) 276.5116
Fax
(561) 737 -0166
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA LTAYLOR
We are enclosing a copy of the Code Enforcement Order Finding
A Continued Violation and Continued Fine, cited under Case #4 -07,
for violations at 2765 Cardinal Circle.
As you are aware, a fine of $1,400.00, covering a period from
September 5, 2007 through October 30, 2007,was levied and it
was further ordered that the fine would continue to accrue at
$25.00 per day until such time as the violation is corrected.
Interest is being applied to the unpaid balance as determined by
Florida Statutes.
Please advise the Town when the violation has been corrected
As you can see, the document has been recorded in the Official
Records of Palm Beach County, thus constituting a lien on the
property at 2765 Cardinal Circle in the Town of Gulf Stream.
Very truly yours,
� ^ �.Ccfiz.r-
Rita L. aylor
Town Clerk
Encl.
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
CHRIS 0. WHEELER
MURIEL J. ANDERSON
December 21, 2007
Attorney John Randolph
Attention: Sally
P. 0. Box 3475
West Palm Beach, Fl, 33402 -3475
Dear Sally:
Telephone
(561) 276 -5116
Fax
(561) 737 -0186
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA L. TAYLOR
Please have the enclosed Order from the Special Magistrate
in relation to 2765 Cardinal Circle sent to the Clerk to
record a lien on the property.
Thanks & Merry Christmas!
Very truly yours,
e 6t
Rita
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
ORDER FINDING CONTINUED VIOLATION AND CONTINUED FINE
TOWN OF GULF STREAM,
Petitioner,
V.
HERBERT V. SHAFFER, II,
Respondent.
Case No. 4 -07
Re: Violation of Section 22 -31 (4), of the Code of Ordinances of the Town of Gulf Stream.
Address: 2765 CARDINAL CIRCLE
Gulf Stream, Florida
Legal Description: PLACE AU SOLEIL LT 3
The Special Magistrate 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 23`d day of October, 2007, 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, HERBERT V. SHAFFER 11, was present at the hearing and there was
a finding of proper notice.
2. The Town Manager, Bill Thrasher, introduced photos, and testified to the ongoing
violation.
3. The previous Order Assessing Fine required a fine be imposed beginning September 5,
2007, if the tree debris was not properly disposed of or stored.
4. The Respondent testified and claimed the property was in compliance.
5. The ficus tree debris is located within the Respondent's property, some of which is 110u.)
covered by a blue tarp.
6. The storage of the debris is not proper because it is a nuisance to have or permit debris,
dead trees or stumps, or conditions which provide harborage for rats, mice, snakes, or
other vermin, pursuant to Section 22- 31(4), (6), and (8) of the Code of Ordinance of the
Town of Gulf Stream.
7. The Town did not enter onto Respondent's property as alleged by the Respondent.
CONCLUSIONS OF LAW
Respondent remains 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 Magistrate that Respondent, HERBERT V.
SHAFFER, II, shall immediately comply with Section 22 -31 (4), of the Code of Ordinances of the
Town of Gulf Stream.
Respondent is hereby assessed the previously ordered fine in the amount of twenty-five-
dollars ($25.00) per day beginning September 5, 2007. A fine of fourteen - hundred - dollars
($1,400.00) has accrued from September 5, 2007 through and including October 30, 2007, and
will continue to accrue at twenty- five - dollars ($25.00) per day for each day the violation
continues to exist.
A certified copy of this Order may be recorded in the Public Records of Palm Beach County,
Florida, and, once recorded, shall constitute a lien against the property upon which the violation
existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter
162, Florida Statutes for the original amount
Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code
Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 30`h day of October, 2007.
TOWN OF GULF STREAM
CO ENFORCEMENT
BY:
Special Magistrate
Clerk's Certificate
STATE OF FLORIDA )
COUNTY OF PALM BEACH) ss:
TOWN OF GULF STREAM )
I, Rita L. Taylor, hereby certify that I am the
duly appointed and acting Clerk of the Town of Gulf
Stream, Florida; that the foregoing is a true and
correct copy of a Document, the original of which is
on file in the Office of the Town Clerk of the Town
of Gulf Stream, Florida.
IN WITNESS WHEREOF,
and affixed the official
20th day of December A.D
I have hereunto set my hand
seal of said Town, this
2007.
(SEAL) 2 ' %' 1eq k,
Rita L. Taylor
Town Clerk
.,'7�c
i
��s , 1 4
D I 3 '