HomeMy Public PortalAbout10/24/2007 * Case #CE-5-07 * SpillaneTOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gnlf Stream, FL 33483
(561) 276 -5116
(circle one)
CASE NO. 5 -07 DATE
LOCATION OF VIOLATION:
Mark Spillane
1314 N. Ocean Blvd.
October 24, 2007
I, William H. Thrasher, have personally examined the property described above and
(Town Official /Inspector) 42.26 G.S. Code
Find that said property i ffrealmasofthe NOW) in compliance with Section(s)104.1 Statefthe
Code of the Town of Gulf 2hth day of _nctob�r 20 n7 .
Affiant
STATE OF FLORIDA
COUNTY OF PALM BEACTI
The foregoing instrument was acknowledged before me this 24th day of
October 20 07 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 did /did not take an oath.
(SEAL) � RITALTAYLOR
My COMMISSION # DO 494672
e' NOTAR11 PUBLIC
N ,
ls"cf?
Bonded Thor Budget Notary Services State of Florida
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, OCTOBER 23, 2007
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. FINE ASSESSMENT /STATUS HEARING.
A. Failure to Comply with Order of Special Magistrate
1. Case No. CE 4 -07: Herbert V. Shaffer II, 2765
Cardinal Circle, Gulf Stream, Florida
a. Debris from dead tree not removed by September
5, 2007 as ordered.
III. Case No. CE 5 -07; Mark Spillane, owner of property at 1314
N. Ocean Blvd., Gulf Stream, Florida
A. Constructed Pergola additions to existing structures
without obtaining a Building Permit in violation of
Sec. 42.26 of Gulf Stream Code of Ordinances adopting
Sec. 104.1 of the Florida Building Code.
IV. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY
THE TOWN OF GULF STREAM SPECIAL MAGISTRATE 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.
It
Post -1® Fax Note 7671
Ce1e'0_r —
Peges►
To
Fmo
Co./
Co.
Phone 8
Phone N 2.26
�O
Fax M / 6 — P
Fez 6 ) 7 __O o,
U4 /1 1/ZUU6 1J'13 P'AA 5012335141 CANON 3003
CERTIP.!CATE OF COMPLETION
Palm Beach County
Planning, Zoning & Building Department
2300 N. Jog Road, West Palm Beach, FL 33411
www.co.palm-beach.fi.us/pzb
(561) 233 - 5000
This is to certify that the RESIDENTIAL
Structure Built Under Permit No. _
Described as ACCESSORY
ACCESSORY STRUCTURE - M'.
h'• �• >�ti1
�vkb
c,
Owned By
Contractor
and Located at
In Subdivision MC
43 0000 '. -c,
Range Lot ;aloe
this certificate, was found to�tly'
county of Palm Beach and/or w:
the requirements of said codes,
APRIL 17, 2008
DATE
ORIGINAL 1 OF 2
•;MIT+ `, •' , h • ',`.+ -'
___ l:uN.,.'1'litti;,1'1F7N OE.•cURlian.;z);7NDER A ST'ATUTO
THE PROPERTZ;OWNER TO SUPERVISE PERMITTED
:
LA
Y,' EXEMPTION
IMPROVEMENTS
4
Section 09, Township 45
Units''' was traspected_and at the time of issuance of
my':khowiedge,-to c m to the code requirements of the
ed by Florida Registered architect or engineer that it meets
pproved'fog utill' services, as intended by the permit.
REBECCA CALDWELL
BUILDING OFFICIAL
MANUEL S VASQUEZ
INSPECTOR examine watermark for validity
fin.:::;
___ l:uN.,.'1'litti;,1'1F7N OE.•cURlian.;z);7NDER A ST'ATUTO
THE PROPERTZ;OWNER TO SUPERVISE PERMITTED
:
LA
Y,' EXEMPTION
IMPROVEMENTS
4
Section 09, Township 45
Units''' was traspected_and at the time of issuance of
my':khowiedge,-to c m to the code requirements of the
ed by Florida Registered architect or engineer that it meets
pproved'fog utill' services, as intended by the permit.
REBECCA CALDWELL
BUILDING OFFICIAL
MANUEL S VASQUEZ
INSPECTOR examine watermark for validity
04/17/2008 13:13 FAX 5612335141 CANON ---- --- 0-02
. I
CERTIPICI ATE OF COMPLETION
Palm Beach County
Planning, Zoning & Building Department
2300 N. Jog Road, West Palm Beach, FL 33411
www.coj3aIm-beach.fi.us/Pzb
(561) 233 - 5000
This is to certify that the RESIDENTIAL
Structure Built Under Permit No.
Described as ACCESSORY
ACCESSORY STRUCTURE - M
Owned By
Contractor NONE 7
and Located at Y314. Jq,� OCEhX: BLV
In Subdivision MC
Range 43
,Lot 0 0 0 0 Uni
this certificate, was found t6` , e best of myd
county of Palm Beach and /or as ce Ifiedl
the requirements of said codes, ai d`ls-appri
APRIL 17, 2008
DATE
ORIGINAL I OF 2
•4: >. 'I
P
TION OCLIURRED-U=' ER A STATUT"i�
ORY :EXEMPTION
OWNER TO SUPERVISE PERMITTED IMPROVEMENTS
09 46
S on Township
d,and at the time of issuance of
o the code requirements of the
hiiecl or engineer that it meets
as intended by the permit
REBECCA CALDWELL
BUILDING OFFICIAL
MANUEL S VASQUEZ
INSPECTOR e=m I ne watermark for validity
._., _U4 /1Y(ZUU6 _ 1:1_13 FAA 5612335141 CANON
CERTIM.CATE OF COMPLETION
Palm Beach County
Planning, Zoning & Building Department
2300 N. Jog Road, West Palm Beach, FL 33411
www.co.oalm- beach.fl us /mb
(561) 233 - 5000
This is to certify that the RESIDENTIAL
Structure Built Under Permit No
.y,: a, ^, .:. .. : ',) }tea,• -� .1; .
Described as ACCESSORY STRi7CTVRE ^,= MSSC.
INSTALL TRELLIS AROUND ;;'HOUSX, At7.D�GA''RAGS `:Z'' = -; • �^ -iti, ''�
' ,y.'.' •.i \,'�iti... ;.tJ ���:•, •: '�\ •tip,, J a y}, w.
�;' -,... ' •t - :'•- 1.
Owned By SPITrI,ANE,;'MAi2R" °'
w.'
Contractor LICEfFgSDc NONEz - Cp�i&TRUCTiON OCCURRED,;�i.71VDER A STATUTORY ;EXEMPTION,
c.: ALLOWINC#''.CHE PROPERTY OWNER TO SUPERVISE PERMITTED IMPROVEMENTS
and Located at .314 N> OCEAN HLV
LCfUTH
' .:`r,;.!.;7;'`,i ",::':•t..��"•i 46
In Subdivision MC Section 09
:.: ..:: ::.:.:.. .... ... .. Township
Range 43 ,Lot 0040 ';Block�d0 f ,yUnits was Inspected,andot the time of issuance of
this certificate, was found tti`the tlestpf my'khowledgeV 'I onfo em to the code requirements of the
county of Palm Beach and /or was certified by'Fl ida Registered architect or engineer that it meets
the requirements of said codes, and "isapproved for'igtility services, as intended by the permit.
REBECCA CALDWELL
BUILDING OFFICIAL
APRIL '17, 2008 MANCTE'L S VASQUEZ
DATE INSPECTOR examine watermark for validity
ORIGINAL, 1 OF 2
FEB. 6. 2008 2 : 0 5 P M
JONES
FO`MA
JOHNSTON
& STUBBS, P.A.
Attorneys and Counselors
JONES FOSTER JOHNSTON & STUBBS
John C. Randolph, Esquire
Direct Dial: 561 -650 -0458
Direct Fax: 561 - 650.0435
E -Mail: jrandolph@jones- foster.com
February 6, 2008
William H. Thrasher, Town Manager
Rita Taylor, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream Florida 33483
Re: Town of Gulf Stream
Mark Spillane
1314 North Ocean Boulevard
Our File No. 13147.1
Dear Bill and Rita:
Nagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659 -3000
VIA FAX: 737 -0188
NO. 274 P. 1
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402 -3475
Would you please review the attached letter and advise as to its correctness and any
changes or modifications you may suggest prior to my mailing it.
Thank you.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
AhnC. ndolp h
JCR /ssm
Enclosure
www.jones-foster.com
FEB. 6.2008 2:05PM
JONES
POSTE.
JOHNSTON
& STUBBS, PA
Attorneys and Counselors
JONES FOSTER JOHNSTON & STUBBS
John C. Randolph, Esquire
Direct Dial: 561 - 650 -0456
Direct Fax: 561 - 650 -0465
E -Mail: jandolph @Jones- foster.com
February 6, 2008
Gary S. Dunay, Esquire
Siegel, Lipman, Dunay,
The Plaza, Suite 801
Flagler Center Tower, Suite 1100
505 South Hagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659 -3000
Shepard & Miskel, LLP
5355 Town Center Road
Boca Raton, Florida 33486
Re: Town of Gulf Stream
Mark Spillane
1314 North Ocean Boulevard
Our File No. 13147.1
Dear Gary:
N0, 274 P, 2
Mailing Address
Post Office Box 3475
West Pahn Beach. Florida 33402 -3475
VIA FAX: 561 - 368 -9274
This is in response to your letter of February 1, 2008.
I am providing for your information a copy of a chronology of events relating to this
matter. As you will note, this matter began on July 20, 2007. You indicate in your letter
that once the Town of Gulf Stream stamped the submittal, it was sent to Palm Beach
County the very next day. We have checked on this and have confirmed with the
County that the County did not receive the application until November 14, 2007.
This is an unduly long period of time to obtain compliance in regard to a matter which
began as early as July 20, 2007. The Town of Gulf Stream is not harassing your client,
but is only following through with its obligation to require compliance with its codes. I
am advised that Mr. Spillane has a history of undertaking projects within the Town
without obtaining appropriate permits. The Town cannot condone that kind of activity
and must require that Mr. Spillane comply with the Town's codes. The Town's seeking
to achieve compliance is far from harassment and the Town denies any such
allegations.
As to the incident you report relating to your client's driveway being blocked by a police
officer, I have spoken directly to the police officer who indicates that his car did block a
portion of the driveway, but that when the police officer asked Mr. Spillane if he should
move his car as Mr. Spillane was attempting to get out of his driveway, Mr. Spillane
indicated no, that he could get around him, which indeed he did because the width of
the driveway was such that allowed for easy passage by Mr_ Spillane. The police officer
www.jones-foster.com
FEB. 6.2008 2 :06PM JONES FOSTER JOHNSTON & STUBBS
Gary S. Dunay, Esquire
February 6, 2008
Page 2
NO. 274 P. 3
also indicated in regard to the gentleman that was working on your client's boat that he
simply wanted to speak to the individual himself so he could advise the individual that
he needed to obtain an occupational registration from Town Hall, which he
subsequently did.
The Town refutes the fact that it is invading your client's privacy or that it is trespassing
on his property. If your client is trying to be a good neighbor, then we expect that he will
comply with all of the codes and ordinances of the Town. In the event he does not, the
Town will follow its normal course of action of seeking and enforcing compliance.
I am returning to you the plans which you forwarded to me. I understand from checking
with the County that your plans have now been approved and a permit granted.
Hopefully, this will resolve this matter.
Please do not hesitate to contact me if you have any comments or questions.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
John C. Randolph
JCR/ssm
Enclosures
cc: William H. Thrasher, Town Manager
FEB. 6.2008 2:06PM JONES FOSTER JOHNSTON & STUBBS N0. 274 P. 4
Detail Regarding Contacts with
Mr, Spillane Related to
Construction of Pergolas
7• -07
thisscons ruction. needed a
Code enforcemettt officer
-20
Fermi a olas.
to the site
a permit application
to apply by 7-27-07 and Mr. Spillanefstated
it.
8e was asked working on
he already had engineers/architects
ttice of violation
Permit had not been applied for and a Notice iolation
he make application wit hin 10 da.
was delivered which ordered
had been received
Delivered a notice to appear before the Special 'received
10 -8 -07
ondl0here07 since application kind
enstill
no
10 -23 -07
Mr. Spillane was not present. Special Magistrate ordered Permit
that Mr. Spillane obtainlaedrthi.sldates�e. sueddG.S permit.
2007. App
by November 7,
10 -25 -0 7
Delivered a Notice of Non - compliance and a copy of the
needed to
order.
Special Magistrate's
Dept-
g p
to palm Beach County
of that when they left on 10- 23 -07.
palm Beach County Bldg. Dept• received the application.
11 -14 -07
informed Mr. Spillane they -need drawings, eta. to
11 -29 -07
County
with the application to show details.
go
1 -18 -08
Sp1 11ane delivered a letter written by architect saying
the structures were O.K.11laz?e this was what they had
Dept. County advised Sp of what t request
asked for and they needed what had been previously
1 -23 -OS
Mgr. wrote to Spillane and gave him 3 days to pay for
At that time the Town did not kao'
and pick up the permit. was I formation. This
that from Mr. Dumay.
discovered afterhreceY in.gf arletterl
1_24_08
Letter received from Mr. Dunay advising they were working
County asked for.
on getting the info the
to and eca6 etc c o e had followed on
w
1 -25 -08
Town Wrote
until ury
go
F E B . 5 . 2 0 0 6 ' 3 : O O P ��v t " " J O N E S F O S T E R J O H N S T O N & S T U B B S
E A 1 0 I n v u
T O T A L S I T E A R E A
B U I L D I N G A R E A 7 , 7 0 5 S F
I N D E X O F D R A W I N G S
A R C H I T E C T U R A L :
S P - 1 P R O J E C T S I T E
A - 1 K E Y P L A N - F L O O R P L A N
T O W N O F G U L F S T R E A M
1 0 0 S E A R O A D
G U L F S T R E A M , F L O R I D A 3 3 4 8 3
C O L U M N ( i Y P ) ' �� � T �� % ��
P , S a ' ! . ? ' t i i d ' F I R
7
N 0 , 2 6 3 P . 1
P R O J E C T T I T L E
S p i l l a n e R e s i d e n c e
P h a s e 1
P R O J E C T A D D R E S S
1 3 1 4 N o r t h O c e a n
B o u l e v a r d
G u l f s t r e a m , F Y
P R O J E C T N U M B E R
2 0 0 5 - 4 5
D R A W I N G N U M B E R
S P - 1
Y ��
A e a
�� S G ��G ����
LtC1 1!J: VL
PR NUMBER:
PERCENT OF
OWNER:
CONTRACTOR:
APP PERMIT REQ:
FORWARD CODE:
ht LLll.Ca11V1V tlV U111VV tt J Luf
07 034106 B P M E OFFICE: SOUTH
REVIEW : Y
MARK SPILLANE
0000000000 SPILLANE, MARK
ACCESSORY STRUCTURE - MISC
P PLAN REVIEW
V1 /lV /Vtl Vtl:4J:74
PERMIT NUMBER:
BALANCE DUE:
APP. TYPE: 2
w
REQ /APP
IN
OUT REV
HOLD CUST PC /PU
SIGNOFF
( Y )
RAP
11/14/07
11/14/07
Y
11/14/07
( Y )
ATIC
( Y )
TECH
11/26/07
11/27/07
Y
11/27/07
( )
ADDRESSING
( )
HEALTH
( )
LANDSCAPE
( Y )
ERM
12/10/07
12/10/07
N
12/10/07
( )
FIRE
( Y )
PLAN REVIEW
PRESS
PF15
O
( )
LAND DEV.
( )
SITE PLAN
( Y )
ISSUANCE
Y
( Y )
CASHIER
Y
PF1 =IN
PF2 =OUT PF3= SIGNOFF
PF4 =CUST CONT
PF7 =PZIM PF10= UPDATE PF1I =RMKS
Plan Review Application Routing & Status
Pagc I of' I
Plan Review #: 07 -034106 Status: Contact(s) Open
Owner: MARK SPILLANE Office: South
Address: 1314N OCEAN BLV Balance Due: .00
Contractor: 000000000 SPILLANE, MARK Fees are not finalized until
App Permit: ACCESSORY STRUCTURE- MISC permit issuance
Contacts
Section Date Customer Contact - Comment(s) Contact
Phone
PLANS 11/29107 PLEASE PROVIDE DESIGN CRITERIOR, WIND LOADS, FBC JERRY
276 -1249
EXMR MANGAWANG
BLDG
CLARIFY NOTCHES IN LEDGER,LAGS APPDXIED7
LEDGER
TO COLUMN CONNECTIONS, OUTLOOKER
CONNECTIONS,
DETAILS FOR MULTIPLE GIRDERS CALLED MARK
SPILLANE
LEFT MESSAGE
PLANS 01/18/08 CUSTOMER SUBMITTED STRUCTURAL DESIGN JERRY
276 -1249
EXMR INSPECTION MANGAWANG
BLDG
LETTER THIS NOT WHAT IS REQUIRED. PBC NEED
ORIGINAL DRAWINGS REVISED WITH INFORMATION
PREVIOUSLY REQUESTED CALLED MARK SPILLANE LEFT
MESSAGE WITH PAUL.
Close
http:// www. pbegov. com/ prstatusandinspections /PRARS_Results.aspx 1/25/2008
'1. 1 %
Detail Regarding Contacts with
Mr. Spillane Related to
Construction of Pergolas
7 -20 -07 Code enforcement officer advised Mr. Spillane he needed a
Building Permit to cover this construction. Officer delivered
a permit application to the site and took phots of pergolas.
He was asked to apply by 7 -27 -07 and Mr. Spillane stated
he already had engineers /architects working on it.
8 -13 -07 Permit had not been applied for and a Notice of Violation
was delivered which ordered he make application within 10 da.
10 -8 -07 Delivered a notice to appear before the Special Magistrate
on 10 -23 -07 since still no application had been received
and there had been no contact of any kind.
10 -23 -07 Mr. Spillane was not present. Special Magistrate ordered
that Mr. Spillane obtain a properly issued Building Permit
by November 7, 2007. Applied this date & issued G.S Permit.
10 -25 -07 Delivered a Notice of Non - compliance and a copy of the
Special Magistrate's Order. The application needed to go
to Palm Beach County Bldg. Dept. and they were reminded
of that when they left on 10- 23 -07.
11 -14 -07 Palm Beach County Bldg. Dept. received the application.
11 -29 -07 County informed Mr. Spillane they need drawings, etc. to
go with the application to show details.
1 -18 -08 Spillane delivered a letter written by architect saying
the structures were O.K. This delivered to P.B. Co. Bldg.
Dept. County advised Spillane this was not what they had
asked for and they needed what had been previously requested.
1 -23 -08 Twn. Mgr. wrote to Spillane and gave him 3 days to pay for
and pick up the permit. At that time the Town did not know
that the County had asked for more information. This was
discovered after receiving a letter from Mr. Dunay.
1 -24 -08 Letter received from Mr. Dunay advising they were working
on getting the info the County asked for.
1 -25 -08 Town wrote to Dunay and explained why we had followed on this
and gave them until February 6, to comply.
FAXCover Sheet (Date: 2 -4 -08
TO:
ATTORNEY RANDOLPH
Phone:
Fax Phone:
INumber of pages including cover sheet: 2
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone: 561 -276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
The attached is a summary of my files. Bill would like to
have a phone conference with you 2 -5 -08 which will include
Dave Ginsburg, the Code Enforcement Officer.
Originals to Follow by Mail: Yes
CC:
Fax Phone:
No
4),-" � SIEGEL. LIPMAN, DUNAY, SHEPARD & MISKEL, LLP
GARY S. DUNAY THE PLAZA • SurrE SO
(551) 368 -7700
KENNETH W. LIPMAN 5355 TOWN CENTER ROAD FAX: (561) 358 -9274
BONNIE MISKEL
BOCA BATON, FLORIDA 33486
JONATHAN L. SHEPARD WWW.SLDSM LAW COM
CARL E. SIEGEL
LINDA B. LYMAN
February 1, 2008
John Randolph, Esq.
Jones Foster Johnston & Stubbs, P.A.
505 S. Flagler Drive
Suite 1100
West Palm Beach, FL 33401
Re: Mark Spillane
1314 N. Ocean Boulevard, Gulf Stream, FL 33483
Dear Skip:
Thank you for speaking with me earlier this week. I have obtained a number of items
which hopefully will be helpful in resolving the harassment which my client has been subjected
to.
As it relates to the pergola, enclosed are plans prepared by Slattery & Associates. The
permit has been applied for, and once the Town of Gulf Stream stamped the submittal, it was
sent to Palm Beach County the very next day. The Palm Beach County Building Department
responded by indicating that they wanted three separate plan and permit sets to be submitted.
Following the submission to the County almost one month later, the building plan review came
back requiring a letter from a structural engineer. The engineer was immediately hired and
provided revised plans. The plans were completed last week and are currently being coordinated
with the architect's final plans and will be resubmitted as soon as the plans are completed, which
in all likelihood will be next week. As you are aware, the Building Department may have more
comments requiring another round of plan changes. For your information, the plans were
originally submitted to the Town of Gulf Stream on October 23, 2007 and were submitted to the
Palm Beach County Building Department on November 14, 2007. I believe it is inappropriate
for the Town Manager to insist that a process completely out of my client's control be completed
by next week. In all likelihood, the process will not be completed by next week.
Subsequent to the harassment from the City Manager concerning the pergola, my client's
driveway was blocked by a police officer on a number of occasions concerning a worker on my
client's boat who did not have a permit to be doing the work. My client spoke with the police
offer and assured him that the worker would go to the Town Hall that day and pick up the permit.
Notwithstanding that representation to the police officer, after my client left the property, the
police officer once again blocked my client's driveway and was yelling at the various workers on
John Randolph,Esq.
February 1, 2008
Page Two
the property to bring the worker to the front gate. It should be noted that the worker did in fact
obtain a permit that afternoon at a cost of $35.00 and completed his work that day. On other
occasions, the police officer has come on my client's property and taken pictures of the property
as well as of commercial vehicles located on the property.
My client believes that not only is he being harassed, but that the Town is invading his
privacy and also trespassing on his property. My client has always tired to be a good neighbor
and friend of the Town, and he is always willing to comply with reasonable requests imposed by
the Town, but he will not tolerate any further intrusions into his privacy and trespassing onto his
property. Can't a simple letter be sent to my client for an appropriate response?
I would appreciate you reviewing these matters and advising me of the Town's position.
Also, once you have reviewed the enclosed plans, I would appreciate you returning them to me.
GSD /]d
Enclosures
cc: Mr. Mark Spillane
Sincerely,
SIEGEL, LIPMAN, DUNAY, SHEPARD
JAN -24 -OB 02:56PM FROM-
SIEGEL
GARY S. DUNAY
KENNETH W. LIPMAN
50NNIE MISKEL
JONATHAN L. SHEPARD
CARL E. SIEGEL
LINDA 9, LYMAN
+5613689274 T -682 P. 002/002 F -570
LIPMAN, DUNAY, SHEPARD & M15KEL, LLP
THE PLAZA - SUITE 601
5355 TOWN CENTER ROAD
t30CA RATON, FLORIDA 33486
January 24, 2008
Mr. William H, Thrasher, Town Manager
Gulf Stream Town Hall
100 Sea Road
Gulf Stream, FL 33483
Re: Mark Spillane
1314 N. Ocean Boulevard
Dear Mr. Thrasher:
(561)3e6 -7700
FAX: (361) aee,274
�vW SLDSMLAW,COM
Please be advised that this law firm represents Mr. Mark Spillane, the owner of the
above - referenced property. It was both my client's and my client's contractor's interpretation of
Gulf Stream's code that a permit was not required to construct the pergola which exists at the
Property. However, my client was recently notified that the pergola did in fact require a permit
and upon receiving this notice, he immediately took the necessary steps to file all necessary
applications with both the Town of Gulf Stream and Palm Beach County. As 1 am sure you are
aware, the County requires many items in addition to the permit applications, i.e., engineer's
letters, etc, and these items require some lead time, even though my client has hired an expediter
to obtain these permits.
All of the foregoing is pointed out to you because the Town's police department came to
my client's home today and delivered your letter indicating that the application hadn't been
picked up. 17tis letter is only forwarded to you to acknowledge that my client is taking all
necessary steps in order to rectify this situation and my client only requests a little patience on the
Pall of the Town in order bring the pergola into compliance.
If you should require anything further, please do not hesitate to contact me.
Sincerely,
S1EGC LIPMAN y EPARD
& M1S L, L
nay
GSD /ld
cc: Mr. Mark Spillane
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
F `p Lp
l
COMMISSIONERS
Telephone
i (561) 276.5115
WILLIAM F. ROCH, JR. Mayor
JOAN N. ORTHWEIN, Vice Mayor
Fax
FRED S. DEVITT III
( 61) 737 -0188
CHRIS D. WHEELER
Town Manager
MURIEL J. ANDERSON
2 WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
NOTICE OF VIOLATION
January 23, 2008
Mark Spillane
1314 N. Ocean Blvd. Hand Deliver
Gulf Stream, Florida 33483 Article #113
Dear Mr. Spillane:
Records indicate that the building permit you applied for to cover
the construction of the pergola's on your property at the above
address has never been picked -up at the Palm Beach County Building
Department. Therefore, the structures have not received an
inspection.
This is to be considered Official Notice to pick -up the permit
and call for an inspection within 3 days of receipt of this notice.
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.
Very truly your
WAPIA-- {k �
William H. Thrasher
Town Manager
WHT:r
100 SEA BEAD, GULF STREAM, FLORIDA 33483
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RETURN RECEIPT
Article ,t-.dressed To:
Mark Spillane
1314 N. Ocean Blvd.
Gulf Stream, FL 33483
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Agent Signature
Article No.
113
Date Delivered
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PR NUMBER: 07 034106 B P M E OFFICE: SOUTH
PERCENT OF REVIEW : Y
OWNER: MARK SPILLANE
CONTRACTOR: 0000000000 SPILLANE, MARK
APP PERMIT REQ: ACCESSORY STRUCTURE - MISC
FORWARD CODE: P PLAN REVIEW
REQ /APP IN OUT REV HOLD
( Y ) RAP 11/14/07 11/14/07
( Y ) ATIC
( Y ) TECH 11/26/07 11/27/07
( ) ADDRESSING
( ) HEALTH
( ) LANDSCAPE
( Y ) ERM 12/10/07 12/10/07
( ) FIRE
( Y ) PLAN REVIEW PRESS PF15
( ) LAND DEV.
( ) SITE PLAN
( Y ) ISSUANCE
( Y ) CASHIER
V1 /1V /VC V0: 4.7:3Y
PERMIT NUMBER:
BALANCE DUE: .00
APP. TYPE: 2
CUST PC /PU SIGNOFF
Y 11/14/07
Y 11/27/07
N 12/10/07
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COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS 0. WHEELER
MURIEL J. ANDERSON
January 25, 2008
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Telephone
(561) 2713.51 16
Fax
(561) 737 -0188
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA L. TAYLOR
Attorney Gary S. Dunay
Siegel, Lipman, Dunay, Shepard & Miskel, LLP
The Plaza -Suite 801
5355 Town Center Road Via Fax 561 - 368 -9274
Boca Raton, Florida 33486 U.S. Mail
Re: Mark Spillane
1314 N. Ocean Blvd.
Dear Attorney Dunay:
Thank you for your letter of explanation regarding the building
permit for the above address. Records indicate that the application
was submitted to Palm Beach County on November 14, 2007. Mr.
Spillane was advised on November 29, 2007 that the application
was incomplete and a list of what was needed was included in the
message. There was no response to this message until January 18,
2008 and the material that was submitted did not satisfy what is
required with the application. I am sure you will agree that
six weeks should have been more than adequate to prepare an
acceptable reply to the message from Palm Beach County.
Based on your assurance that this matter is progressing toward
compliance, we are pleased to cooperate by extending our compliance
deadline to February 6, 2008.
Thank you for your assistance in concluding this matter.
Veru truly yo rs,
William H. Thrasher
Town Manager
CC: Mark Spillane
100 SEA ROAD, GULF STREAM, FLORIDA 33483
l FAX Cover Sheet
TO:
Atty. Dunay
Siegel, Lipman, Dunay etc
Phone:
Fax Phone: 561 - 368 -9274
(Date: January 25, 2008
INumber of pages including cover sheet: 2
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
Originals to Follow by Mail: Yes
I CC:
Fax Phone:
See attached letter Re: 1314 N. Ocean Blvd.
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CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
ORDER FINDING VIOLATION
TOWN OF GULF STREAM,
Petitioner,
V.
MARK SPILLANE,
Respondent.
Case No. 5 -07
Re: Violation of Section 42.26 of the Code of Ordinances of the Town Gulf Stream adopting Sec.
104.1 of the Florida Building Code
Address: 314 N OCEAN BLVD.
Gulf Stream, Florida
Legal Description: MC LOUTH SUB LTS 4,4-A, 5 & 5 -A
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 23d 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
The Respondent, MARK SPILLANE , was not present at the hearing, however, there was
a finding of proper notice.
2. The Town Manager, testified to and introduced photographs of the violation.
CONCLUSIONS OF LAW
Respondent is in violation of Section 42.26 of the Code of Ordinances of the Town Gulf
Stream adopting Sec. 104.1 of the Florida Building Code.
It is the Order of the Code Enforcement Special Magistrate that Respondent, MARK
SPILLANE, shall comply with Section 42.26 of the Code of Ordinances of the Town Gulf Stream
adopting Sec. 104.1 of the Florida Building by obtaining a properly issued permit on orbefore the 7t'
day of November, 2007.
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.
A Fine Assessment Hearing will be held before the Special Magistrate on a date and time to
be determined in the future and Respondent shall receive notice of same.
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 23d day of October, 2007.
ffim
TOWN OF GULF STREAM
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COMMISSIONERS
WILLIAM F. NOCH, JR. Mayer
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEV17T III
CHRIS D. WHEELER
MURIEL J. ANDERSON
October 24, 2007
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Telephone
(561) 276-5116
Fax
(561) 737 -0166
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA LTAYLOR
Mark Spillane
1314 N. Ocean Blvd. Hand Delivered
Gulf Stream, Florida 33483 Article #205
Dear Mr. Spillane:
We are enclosing an Affidavit of Non - Compliance covering a code
violation at the above address, cited under Case X15 -07. Also
enclosed is the Order Finding Violation issued by the Special
Magistrate as a result of the hearing held on October 23, 2007.
The Special Magistrate ordered that you comply with Section 42.26 of
the Code of Ordinances of the Town of Gulf Stream adopting Section
104.1 of the Florida Building Code,by obtaining a properly issued
permit for the construction of the pergola "s on your property, on
or before November 7. 2007.
She further ordered that a Fine Assessment Hearing would be held
after November 7, 2007 in the event compliance has not been achieved.
Please supply the undersigned with a copy of the Building Permit
from the Palm Beach County Building Department in order to prove
compliance.
Very truly yours _
Rita L. Taylor
Town Clerk
Encls.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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MINUTES OF THE CODE ENFORCEMENT HEARING HELD BY THE SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, OCTOBER 23,
2007, AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
Special Magistrate Lara Donlon called the hearing to order at 10:10 A.M.
• The Magistrate administered the Oath to William Thrasher, Town Manager, Officer David
Ginsberg, Yvonne Eckert, Deputy Town Clerk and Herbert Schaffer.
The Special Magistrate instructed that the Town would first present their case and then the
defendant could present his case and cross - examine if, so desired.
Case No. CE4 -07; Herbert Schaffer, 2765 Cardinal Circle
Failure to comply with order of Special Magistrate.
Debris from dead tree not removed by September 5, 2007, as ordered.
Town Manager Thrasher presented the following exhibits: 1) Letter of non - compliance and
notice of fine assessment; 2) Photographs of debris taken 8/27/07; 3) Letter dated 8/29/2007; 4)
Photographs taken 9/07/2007; 5) Certified letter dated 9/11/2007; 6) Photographs taken on
9/11/07; 7) Correspondence from Mr. Schaffer indicating that the violation has been corrected;
8) Notice of hearing and certified notice dated 10/08/07; 9) Certified letter marked refused; 10)
Photographs taken on 10/22/07; 11) Photographs taken 10/23/07, showing the violation still
exist. Mr. Thrasher stated that the town believes Mr. Schaffer has failed to comply with the
order of the Special Magistrate and that the condition continues to exist with debris material
around the stump. He is requesting that accumulation of fines be established and, effective
immediately, the fines be increased to $50 per day. Mr. Thrasher asked if Mr. Schaffer would
like to see any of the photographs lie presented.
The Special Magistrate asked Mr. Schaffer to direct his comments to her and respond regarding
the violations.
Mr. Schaffer declined to view the photographs the Town Manager presented but requested copies
of the exhibits the town manager presented to the Special Magistrate. He explained that he has
cleared 70% of the debris off the easement the excess material are logs which he intends to use
for firewood. He advised that the logs are stored and covered with a blue tarp on his property.
Mr. Schaffer stated he has made a reasonable effort to remove the debris but the town does not
have a definitive policy on storing items. Mr. Schaffer asked if the town manager went onto his
• property to take the photographs
The Special Master asked Mr. Thrasher and Officer Ginsberg if either one entered Mr. Schaffer's
property to take the photographs. They both responded that they did not go on Mr. Schaffer's
property.
Officer Ginsberg clarified that neither lie nor the Town Manager or any Gulf Stream police
officers entered Mr. Schaffer's property to take the photographs. He added that since the last
hearing, the amount of debris that was photographed has not been moved from the present
location.
"
"
' . T o w n , o f G u l f S t r e a m
C o d e E n f o r c e m e n t H e a r i n g
O c t o b e r 2 3 , 2 0 0 7
P a g e 2
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a c c e p t a b l e m e t h o d o f s t o r a g e .
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p r o p e r l y s t o r e d u n d e r t h e b l u e t a r p a n d c o u l d a t t r a c t r o d e n t s .
M r . S c h a f f e r a s k e d i f t h e T o w n M a n a g e r r e c a l l e d t e s t i f y i n g u n d e r o a t h a t a p r e v i o u s m e e t i n g t h a t
h e d i d g o o n t o h i s p r o p e r t y . H e a d d e d t h a t h e i s p r e s s i n g l e g a l c h a r g e s a g a i n s t t h e T o w n
M a n a g e r .
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a n y s t a t e m e n t t o t h a t e f f e c t . H e a s k e d f o r a c o p y o f t h e p o l i c e r e p o r t .
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o n e .
T o w n C l e r k T a y l o r a s k e d t h a t M r . S c h a f f e r m a k e a n o f f i c i a l r e c o r d s r e q u e s t i n w r i t i n g a n d t h e
S p e c i a l M a g i s t r a t e s o d i r e c t e d .
T h e M a g i s t r a t e e x p l a i n e d t h a t n o r m a l l y s h e w o u l d m a k e a r u l i n g f r o m t h e b e n c h . H o w e v e r , s h e
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n o t i c e . S h e r e q u e s t e d t h a t s t a f f p r o v i d e h e r w i t h t h e c o d e s e c t i o n t h a t r e l a t e s t o s t o r i n g i t e m s .
S h e a s k e d t h a t c o p i e s b e s e n t t o M r . S c h a f f e r a s w e l l . T h e S p e c i a l M a s t e r a d v i s e d t h a t s h e w o u l d
i s s u e a w r i t t e n r u l i n g .
C a s e N o . C E 5 - 0 7 : M a r k S p i l l a n e , 1 3 1 4 N . O c e a n B l v d .
C o n s t r u c t e d p e r g o l a a d d i t i o n s t o e x i s t i n g s t r u c t u r e s w i t h o u t f i r s t o b t a i n i n g a b u i l d i n g p e r m i t .
V i o l a t i o n o f S e c . 4 2 . 2 6 o f G u l f S t r e a m C o d e o f O r d i n a n c e s a d o p t i n g S e c . 1 0 4 . 1 o f t h e F l o r i d a
B u i l d i n g C o d e .
T h e T o w n M a n a g e r e x p l a i n e d t h a t p e r g o l a s w e r e i n s t a l l e d w i t h o u t f i r s t o b t a i n i n g a b u i l d i n g
p e r m i t , w h i c h i s a v i o l a t i o n o f S e c . 4 2 . 2 6 o f G u l f S t r e a m C o d e o f O r d i n a n c e s a d o p t i n g S e c .
1 0 4 . 1 o f t h e F l o r i d a B u i l d i n g C o d e . H e a d v i s e d t h a t , a c c o r d i n g t o c o d e , a p e r m i t f e e o f f o u r
t i m e s t h e r e g u l a r p e r m i t f e e i s t o b e i m p o s e d . T h e r e b e i n g n o r e p r e s e n t a t i v e f o r M r . S p i l l a n e ,
T o w n M a n a g e r T h r a s h e r p r e s e n t e d f o l l o w i n g e x h i b i t s : 1 ) P r o o f o f M r . S p i l l a n e ' s o w n e r s h i p o f
t h e p r o p e r t y ; 2 ) P o l i c e i n c i d e n t r e p o r t ; 3 ) P h o t o g r a p h s o f t h e p e r g o l a t a k e n o n 7 / 2 0 / 0 7 ; 4 ) H a n d
d e l i v e r e d n o t i c e o f v i o l a t i o n a n d a n i n c i d e n t r e p o r t d a t e d 8 / 1 3 / 0 7 ; 5 ) N o t i c e o f h e a r i n g a n d
i n c i d e n t r e p o r t d a t e d 1 0 / 8 / 0 7 .
M r s . E c k e r t a d d e d t h a t a r e p r e s e n t a t i v e h a d c o n t a c t e d t o w n h a l l o n O c t o b e r 2 2 , 2 0 0 7 , a n d s t a t e d
t h a t t h e y w o u l d b e a p p l y i n g f o r a b u i l d i n g p e r m i t .
S p e c i a l M a g i s t r a t e D o n l o n n o t e d t h a t p r o p e r n o t i c e w a s g i v e n a n d o r d e r e d t h a t t h e r e s p o n d e n t
o b t a i n a p r o p e r l y i s s u e d p e r m i t o n o r b e f o r e N o v e m b e r 7 , 2 0 0 7 . I f t h e r e s p o n d e n t f a i l s t o
c o m p l y w i t h i n t h e t i m e s p e c i f i e d , a f i n e a s s e s s m e n t h e a r i n g w i l l b e h e l d b e f o r e t h e S p e c i a l
M a g i s t r a t e o n a d a t e a n d t i m e t o b e d e t e r m i n e d a n d a f i n e o f u p t o $ 2 5 0 p e r d a y s h a l l b e a s s e s s e d
f o r e a c h d a y t h e v i o l a t i o n c o n t i n u e s t o e x i s t .
Town of Gulf Stream
Code Enforcement Hearing
October 23, 2007
Page 3
There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:45
A.M.
•
Yv n e E. Eckert, CMC
Depi Town Clerk
•
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and Ph. (561) 276 -5116
Zoning Department Fax (Sfil) 737 -0198
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASENO: CE 5 -07 October 8, 2007
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
Location/Address where violation(s) exist(s): 1314 N. Ocean Blvd. , Gulf Stream, FL
2. Legal Description: Lots 4, 4A, 5 & 5A in McLouth Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s):
Hark Spillane. 1314 N Ocean Blvd Gulf Stream Florida 33483
4.
Violation of Town Code Section(s) and description(s):
Sec. 42 -26
of Gulf Stream
Code
of Ordinances adopting Sec. 104.1 of
the Florida
Bldg. Code;
Pergolas have been attached to structures on this property without
first having obtained a building permit.
Code Sections and photos attached.
(SEE ATTACHED "EXHIBITS OF VIOLATION')
5. Date of First Inspection: 7- 20 -07, 2nd Insp. 8 -13 -07
6. Date owner first notified of violation(s):
7 -20 -07 verbal, 2nd notice 8 -13 -07 writte
7. Date on/by, which violations are to be corrected: Bldg . Permit A plication was to
have been submitted by�gust Z /.. —
* * * * * * * * * * * * * * * * * * * * * * * ** *: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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on 10 -23 -07 at 10 A.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his/her findings
solely upon presentation by the Town Code Inspector
William H. Masher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
0cf-ribar 18 2007 THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND
DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT
YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate finds that you have committed a violation, he /she may order IMMEDIATE
COMPLIANCE with the Code and if you fail to comply with such order within the time period set
forth therein, he /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining
in non - compliance.
If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY
4
By: Rita L. Taylor, T n Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
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RETURN RECEIPT
Article f 1dressed To:
Mark Spillane
1314 N. Ocean Blvd.
Gulf Stream, FL 33483
Sig}�ature (addressee)
or
�� .irifYY�
Article No.
204
Date Delivered
JKL & Z/2 .
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS D. WHEELER
MURIEL J. ANDERSON
August 13, 2007
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
"IaIX_iJ /i r:
a r
'r
NOTICE OF VIOLATION
Mark Spillane
1314 N. Ocean Blvd.
Gulf Stream, Florida 33483
Dear Mr. Spillane:
Telephone
(561) 276 -5116
Fax
(561) 737 -0166
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA L TAYLOR
Hand Deliver
Article $202
It came to our attention that pergolas have been constructed on
the structures on your property at 1314 N. Ocean Blvd. without
first obtaining a building permit. On July 20, 2007 our Code
Enforcement Officer contacted you regarding this matter. At that
time you advised him that you had started the permitting process
and had been speaking with architects to have drawings made. The
officer delivered a Palm Beach County Building Permit Application
and requested that it be returned to the Town Hall no later than
Friday, July 27, 2007. As of this date, we have not received the
application nor have you contacted the Town. This is in violation
of Section 42 -26 of the Gulf Stream Code of Ordinances that
adopted Section 104.1 of the Florida Building Code
This is to be considered official notice to correct this violation
by properly filing an application for a Building Permit to cover
the construction of the pergolas within 10 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. Copies of
the Code Sections referred to herein are enclosed for your reference.
Very ntru�l(y Mk W ( y L1 . t1 .
William H. Thrasher
Town Manager
Encls.
100 SEA ROAD, GULF STREAM, FLORIDA 33483 y
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Articl, Addressed To: RETURN RECEIPT
Mark Spillane Article No.
131 N. Ocean B1
Stream FL 483 20_02
i tue (a
s ee)
or
Date Delivered
Agent Signature ��� p'
&103.7.2 Accessibility Alternate designs and technolo-
gies for providing access to and usability of a facility for
persons with disabilities shall be in accordance with 1I-
2.2.
SECTION 104
PERMITS
104.1 Permit application
104.1.1 When required. Any owner, authorized agent, or
contractor who desires to construct, enlarge, alter, repair,
move, demolish, or change the occupancy or occupant
content of a building or structure, or any outside area
being used as pan of the building's designated occupancy
(single or mixed) or to erect, install, enlarge, alter, repair,
remove, convert or replace any electrical, gas. mechanical
or plumbing system, the installation of which is regulated
by the technical codes, or to cause any such work to be
done, shall first make application to the building official
and obtain the required permit for the work.
Exceptions:
1. Permits shall not be required for the following
mechanical work:
1.1. any portable heating appliance;
1.2. any portable ventilation equipment;
1.3. any portable cooling unit;
1.4. any steam, hot or chilled water piping within
any heating or cooling equipment regulated
by this code;
1.5. replacement of any pan which does not
alter its approval or make it unsafe;
1.6. any portable evaporative cooler;
1.7. any self - contained refrigeration system
containing 10 lb (4.54 kg) or less of refrig-
erant and actuated by motors of 1 horse-
power (746 W) or less; and
I.S. The installation, replacement, removal, or
metering of any load management control
device.
104.1.2 Temporary structures. A special building permit
for a limited time shall be obtained before the erection of
temporary structures such as construction sheds, seats,
canopies, tents and fences used in construction work or for
temporary purposes such as reviewing stands. Such struc-
tures shall be completely removed upon the expiration of
the time limit stated in the permit.
104.1.3 Work authorized. A building, electrical; gas,
mechanical or plumbing permit shall tarty with it the right
to construct or install the work, provided the same is
shown on the drawings and set forth in the specifications
filed with the application for the permit. Where these are
not shown on the drawings and covered by the specifica-
tions submitted with the application. separate permits
shall be required.
103.7.2 - 104.1.7.1
104.1.4 Minor repairs. Ordinary minor repairs may be
made with the approval of the building official without a
permit, provided that such repairs shell not violate any of
the provisions of the technical codes.
104.1.5 Information required. Each application for a per-
mit, with the required fee, shall be filed with the building
official on a form furnished for that purpose and shall con-
tain a general description of the proposed work and its loca-
tion. The application shall be signed by the owner or his
authorized agent. The building permit application shall indi-
cate the proposed occupancy of all parts of the building and
of that portion of the site or lot, if any, not covered by the
building or structure and shall contain such other informa-
tion as may be required by the building official. Permit
application forms shall be in the format prescribed by a local
administrative board. if applicable, and must comply with
the requirements of s. 713.135(6) Bc (7) Florida Statutes.
Each application shall be inscribed with the date of applica-
tion, and the code in effect as of that date. The cede in effect
on the date of application shall govern the project.
104.1.6 Time limitations. An application for a permit for
any proposed work shall be deemed to have been aban-
doned 6 months after the date of filing for the permit.
unless before then a permit has been issued. One or more
extensions of time for periods of not more than 90 days
each may be allowed by the building official for the appb-
cation, provided the extension is requested in writing and
justifiable cause is demonstrated.
104.1.7 Annual Facility Permit In lieu of an individual
permit for each alteration to an existing electrical, gas,
mechanical, plumbing or interior non - structural office
system(s), the building official is authorized to issue an
annual permit for Group F occupancies to facilitate rou-
tine or emergency service, repair, refurbishing, minor ren-
ovations of service systems or manufacturing equipment
installations/relocations. The building official shall be
notified of major changes and shall retain the right to
make inspections at the facility site as deemed necessary.
A facility service permit shall be assessed an annual fee
and shall be valid for one year from date of issuance. A
separate permit shall be obtained for each facility and for
each construction trade, as applicable. The permit applica-
tion shall contain a general description of the parameters
of work intended to be performed during the year.
104.1.7.1 Annual Permit Records. The person to
whom an annual permit is issued shall keep a detailed
record of alterations made under such annual permit.
The building official shall have reasonable access to
such records upon request. The permit holder shall
list/identify all work performed on a form approved by
the building official. At the end of the permit valida-
tion period, a copy of the log shall be filed with the
building official. The building official is authorized to
revoke or withhold the issuance of the future permits if
a pattern of code violations is found to exist.
FLORIDA BUILDING CODE — BUILDING 1.3
ORDINANCE NO. o6/02
' AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2,
CODE ENFORCEMENT BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2,
Code Enforcement, to read as follows:
ARTICLE III. BOARDS AND COMMISSIONS
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."
Sec. 2 -67 Special masfesmacistrate; term.
(a) There is hereby established a special is a e who
shall be designated by the town commission.
(b) The special masteFMzg:i2r2jq shall be appointed for a term
of two years and shall be appointed to serve in an ex offcio car ih 'r rti
special macistrafP serves other local cove }
a a so riat
a i trace. S v_ -n___
duties inconsistent with cPrr., ac Q[ -- r
Stream. §qjp q
(c) The special masterMagj r shall be an attorney and a
member of the Florida Bar.
(d) The special slasle;MagiplLaW shall serve at the plea -sure of
the town commission.
(e) The special ma&tGrm29Lstr2jp. 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 is r e; all hearings shall be open to the public. The
town shall provide clerical and administrative personnel as may be
required by the special R1a6t49;_rrjR2j§LrjLP. 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 maste;ma i r
1
Sec. 2-68. Jurisdiction.
(a) The special rrrastermaaistrate shall have the jurisdiction 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 Regulations;
(8) Chapter 52, Marine Facilities, Structures and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special raasfermaaistrate shall not be
exclusive. Any alleged violation of any of the aforesaid codes and
ordinances may be pursued by appropriate remedy in the court at the
option of the administrative official bearing responsibility for enforcement
of that respective code or ordinance.
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly authorized 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 maste agistrate 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 subsection (c) below applies, and give such
violator a reasonable time, which shall not exceed 30 days, to correct the
violation. Should the violation continue beyond the time specified for
correction, the code inspector shall notify the special raastemiaoi trot
and request a hearing. The special masterm g iUr
.21q shall schedule 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 m a is , 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
mastermaaistrate even if the violation has been corrected prior to the
special R4artafM22jsJraLe, hearing, the notice shall so state.
(c) If a repeat violation is found, the code inspector shall notify
the violator but is not required 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 maslermaaistrat and request a
hearing. The special naa6term2eistrate shall schedule a hearing and shall
provide notice pursuant to section 2 -75. The case may be presented to
L.�
the special masterma i r 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 reastaF E22.ql2tr retains the
right to schedule a hearing to determine costs and impose the payment of
reasonable enforcement fees upon the repeat violator. The repeat violator
may choose to waive his or her rights to this hearing and pay the costs as
determined by the special i r A repeat violation is a
violation of a provision of a code or ordinance by a person whom the
special FR@GI8 M2gL r 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 irreparable or irreversible in
nature, the code inspector shall make a reasonable effort to notify the
violator and may immediately notify the special n`iaGt99nO2jLtr0.t& and
request a hearing.
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
repetitious 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 masterma i r t 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 masterma i r The special
MaGt9FM2qiStrajq may call any witness deemed necessary to provide a full
and fair hearing of the case.
(d) At the conclusion of the hearing, the special
rmaster a i a e 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 purchasers, successors in interest, or assigns if the
violation 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.
Sec. 2-71. Powers.
I The special rmastermacistrate 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.
(6) Authorize the reduction of any fine he /she has imposed
Sec. 2 -72. Administrative fines, costs of re -pair; liens.
(a) The special master a i , upon notification by the code
inspector that an order of the special mas1afMd9istrate 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 is 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
Mastermaaistrate. In addition, if the violation is a violation described in
subsection 2 -69(d) of this division, the special master is rate shall
notify the IOC2I governing body, which may make all reasonable repairs
which are required to bring the property into compliance and charge the
violator with the reasonable 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 R4aGt9FM—a9:1§jr2jq 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 violation, 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
Ma6terimmLsILaW finds the violation to be irreparable or irreversible in
nature, it may impose a fine not to exceed $5,000.00 per violation.
(c) In determining the amount of the fine, if any, the special
rna6term2aistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and 40
(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 thereafter 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 judgment 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 pursuant 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 release 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 may be foreclosed on real property which is a homestead under
Section 4, Article X of the State Constitution.
Sec. 2-73. Duration.
No lien provided under this division shall continue 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 continuation 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 [is pendens is recorded.
Sec. 2-74. Appeals.
An aggrieved party, including the town, may appeal a final
administrative order of the special raastermacistrate to the circuit court of
Palm Beach County, Florida. Such an appeal shall not be a hearing de
nova, but shall be limited to appellate review of the record created before
the special maw. The appeal shall be filed within 30 days of
the execution of the order to be appealed.
Sec. 2-75. Notices.
(a) All notices required by this section shall be provided to the
alleged violator by certified mail, return receipt requested; by hand delivery
by the sheriff or other law enforcement officer, code inspector, or other
person designated by the local governing body; or by leaving the notice at
the violator's usual place of residence with any person residing therein
who is above 15 years of age and informing such person of the contents
of the notice.
(b) In addition to providing notice as set forth in this section, at
the option of the special raastermaoistrate, notice may also be served by
publication or posting, as follows:
(1) Such notice shall be published once during each week for
. four consecutive weeks (four publications being sufficient) in
a newspaper of general circulation in Palm 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
posting 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.
Sec. 2-76. Procedure to request that a fine or lien imposed
pursuant to section 2 -72 be reduced; conditions and
criteria therefor.
(a) The owner of real property against which a fine er-tief�-has been S
imposed pursuant to section 2 -72 may apply to the special
atisfacti�on'o�f the through the town attorney or his/her
less than full payment thereof. No such
application application shall be considered by the special ma6termaoi trot 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 subject 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 corrected under
necessary permits issued therefor.
(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
special R1aGtsqB29:'&raJa with less than full payment thereof, unless the
special rHasterMRnistrate shall make a speck 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 mastery aistrate shall be paid on such
terms as approved by the special master a i .
(d) If the property for which an application for a fine reduction is
being considered is owned by a government or quasi - government entity,
0
•
I
the special arastecmaoistri t may reduce such fine even if the violation
has not been corrected.
Sec. 2 -77. Provisions supplemental and cumulative.
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.
Sec. 2 -78. Alternative code enforcement procedures.
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 ordinance may be sentenced
to pay a fine not to exceed $500.00, and may be sentenced to a definite
term of imprisonment not to exceed 60 days, in a municipal detention
facility or other facility as authorized by law."
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the Invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
tl
PASSED AND ADOPTED in a regular, adjourned session on first reading this
5th day of May , 2006, and for a second and final reading on this 9th
day of June , 2006.
ATT T:
Clerk
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Commissioner
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BUILDINGS AND BUILDING REGULATIONS
Sec. 42 -26. Adoption of codes by reference.
The town hereby adopts by reference the pro-
visions of all building codes and building related
codes in force and effect in the county as adopted
or enacted by the state or the board of county
Supp. No. 1 CD42:3
§ 42 -27
commissioners and the building department of
that county, and as amended from time to time.
For the purposes of this section,' building related
codes shall include the county's minimum hous-
ing codes, and other construction related regula-
tions which serve to insure the construction and
maintenance of safe structures.
(Code 1978, § 4 -1; Ord. No. 98 -1, § 1, 4- 14 -98)
Sec. 42 -27. Issuance of permits; inspections.
(a) The county serves as the town's building
official and shall issue all building permits for
construction in the town. The town shall charge a
fee to cover the costs associated with reviewing
for compliance with zoning, design manual and
other town ordinances. Such fee shall be estab-
lished in a fee schedule adopted by a resolution of
the town commission. The town manager or the
contractor will request the county building depart-
ment for inspection for a given time and date and
the permit inspection card and plan shall be on
the construction site at all times and the inspec-
tor on completion of his inspection will mark the
card as to acceptance and the date thereon, or will
note reasons for rejection. Upon completion of the
project and final inspection, by both the county
and the town if necessary, the inspector will
report this to the county building department,
which shall then issue the certificate of occupancy
to the builder.
(b) If there is a change in the initial plans as
approved, the contractor shall be required to file
such plan change with the town. The fee payable
to the town for review of such change in plans
shall be as indicated in the town fee schedule.
(c) If the contractor wishes to either demolish
or move a building or structure located within the
town, a permit must be obtained from the town
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the county in the amount
of four times the regular fee due to the county
&103.7.2 Accessibility Alternate designs and technolo-
gies for providing access to and usability of a facility for
persons with disabilities shall be in.accordance with 1 I-
2.2.
SECTION 104
PERMITS
104.1 Permit application
104,1.1 When required. Any owner, authorized agent, or
contracror who desires to construct, enlarge, alter, repair,
move, demolish, or change the occupancy or occupant
content of a building or structure, or any outside area
being used as part of the building's designated occupancy
(single or mixed) or to erect, install, enlarge, alter, repair,
remove, convert or replace any electrical, gas, mechanical
or plumbing system, the installation of which is regulated
by the technical codes, or to cause any such work to be
done, shall first make application to the building official
and obtain the required permit for the work.
Exceptions:
1. Permits shall not be required for the following
mechanical work:
1.1. any portable heating appliance;
1.2. any portable ventilation equipment;
1.3. any portable cooling unit;
1.4. any steam, hot or chilled water piping within
any heating or cooling equipment regulated
by this code;
1.5, replacement of any part which does not
alter its approval or make it unsafe;
1.6. any portable evaporative cooler;
1.7. any self - contained refrigeration system
containing 10 lb (4.54 kg) or less of refrig-
erant and actuated by motors of 1 horse-
power (746 W) or less; and
1.8. The installation, replacement, removal, or
metering of any load management control
device.
104.1.2 Temporary structures. A special building permit
for a limited time shall be obtained before the erection of
temporary structures such as construction sheds, seats,
canopies, tents and fences used in construction work or for
temporary purposes such as reviewing stands. Such struc-
tures shall be completely removed upon the expiration of
the time limit stated in the permit.
104.1.3 Work authorized. A building, electrical; gas,
mechanical or plumbing permit shall carry with it the right
to construct or install the work, provided the same is
shown on the drawings and set forth in the specifications
filed with the application for the permit. Where these are
not shown on the drawings and covered by the specifica-
tions submitted with the application. separate permits
shall be required.
103.7.2. 104.1.7.1
104.1.4 Minor repairs. Ordinary minor repairs may be
made with the approval of the building official without a
permit, provided that such repairs shall not violate any of
the provisions of the technical codes.
104.1.5 Information required. Each application for a per-
mit, with the required fee, shall be filed with the building
official on a form furnished for that purpose and shall con-
tain a general description of the proposed work and its loca-
tion. The application shall be signed by the owner or his
authorized agent. The building permit application shall indi-
cate the proposed occupancy of all parts of the building and
of that portion of the site or lot, if any, not covered by the
building or structure and shall contain such other informa-
tion as may be required by the building official. Permit
application forms shall be in the format prescribed by a local
administrative board. if applicable, and must comply with
the requirements of s. 713.135(6) & (7) Florida Statutes.
Each application shall be inscribed with the date of applica-
tion, and the code in effect as of that date. The code in effect
on the date of application shall govern the project.
104.1.6 Time limitations. An application for a permit for
any proposed work shall be deemed to have been aban-
doned 6 months after the dare of filing for the permit.
unless before then a permit has been issued. One or more
extensions of time for periods of not more than 90 days
each may be allowed by the building official for the appli.
cation, provided the extension is requested in writing and
justifiable cause is demonstrated.
104.1,7 Annual Facility Permit In lieu of an individual
permit for each alteration to an existing electrical, gas,
mechanical, plumbing or interior non - structural office
system(s), the building official is authorized to issue an
annual permit for Group F occupancies to facilitate rou-
tine or emergency service, repair, refurbishing, minor ren-
ovations of service systems or manufacturing equipment
installations/relocations. The building official shall be
notified of major changes and shall retain the right to
make inspections at the facility site as deemed necessary.
A facility service permit shall be assessed an annual fee
and shall be valid for one year from date of issuance. A
separate permit shall be obtained for each facility and for
each construction trade, as applicable. The permit applica-
tion shall contain a general description of the parameters
of work intended to be performed during the year.
104.1.7.1 Annual Permit Records. The person to
whom an annual permit is issued shall keep a detailed
record of alterations made under such annual permit.
The building official shall have reasonable access to
such records upon request. The permit holder shall
list/identify all work performed on a form approved by
the building official. At the end of the permit valida-
tion period, a copy of the log shall be filed with the
building official. The building official is authorized to
revoke or withhold the issuance of the future permits if
a pattern of code violations is found to exist.
FLORIDA BUILDING CODE — BUILDING 1.3
13)q AV• Oce &h i3l vcl ,
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BUILDINGS AND BUILDING REGULATIONS
Sec. 42 -26. Adoption of codes by reference.
The town hereby adopts by reference the pro-
visions of all building codes and building related
codes in force and effect in the county as adopted
or enacted by the state or the board of county
Sun Nn i rnA9 -,4
§ 42 -27
commissioners and the building department of
that county, and as amended from time to time.
For the purposes of this section, building related
codes shall include the county's minimum hous-
ing codes, and other construction related regula-
tions which serve to insure the construction and
maintenance of safe structures.
(Code 1978, § 4 -1; Ord. No. 98 -1, § 1, 4- 14 -98)
Sec. 42 -27. Issuance of permits; inspections.
(a) The county serves as the town's building
official and shall issue all building permits for
construction in the town. The town shall charge a
fee to cover the costs associated with reviewing
for compliance with zoning, design manual and
other town ordinances. Such fee shall be estab-
lished in a fee schedule adopted by a resolution of
the town commission. The town manager or the
contractor will request the county building depart-
ment for inspection for a given time and date and
the permit inspection card and plan shall be on
the construction site at all times and the inspec-
tor on completion of his inspection will mark the
card as to acceptance and the date thereon, or will
note reasons for rejection. Upon completion of the
project and final inspection, by both the county
and the town if necessary, the inspector will
report this to the county building department,
which shall then issue the certificate of occupancy
to the builder.
(b) If there is a change in the initial plans as
approved, the contractor shall be required to file
such plan change with the town. The fee payable
to the town for review of such change in plans
shall be as indicated in the town fee schedule.
(c) If the contractor wishes to either demolish
or move a building or structure located within the
town, a permit must be obtained from the town
and a fee established by the town's fee schedule
shall be paid to the tgwn for receipt of such
permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the county in the amount
of four times the regular fee due to the county
&103.7.2 Accessibility Alternate designs and technolo-
gies for providing access to and usability of a facility for
persons with disabilities shall be in.accordance with I I.
2.2.
SECTION 104
PERMITS
104.1 Permit application
104.1.1 When required. Any owner, authorized agent, or
contractor who desires to construct, enlarge, alter, repair,
move, demolish, or change the occupancy or occupant
content of a building or structure, or any outside area
being used as pan of the building's designated occupancy
(single or mixed) or to erect. install, enlarge, alter, repair,
remove, convert or replace any electrical, gas, mechanical
or plumbing system, the installation of which is regulated
by the technical codes, or to cause any such work to be
done, shall first make application to the building official
and obtain the required permit for the work.
Exceptions:
1. Permits shall not be required for the following
mechanical work:
1.1. any portable heating appliance;
1.2. any portable ventilation equipment;
1.3. any portable cooling unit;
1.4. any steam, hot or chilled watt piping within
any heating or cooling equipment regulated
by this code;
1.5. replacement of any part which does not
alter its approval or make it unsafe;
1.6, any portable evaporative cooler;
1.7. any self- contained refrigeration system
containing 101b (4.54 kg) or less of refrig-
erant and actuated by motors of 1 horse-
power (746 W) or less: and
1.8. The installation, replacement, removal, or
metering of any load management control
device.
104.1.2 Temporary structures. A special building permit
for a limited time shall be obtained before the erection of
temporary structures such as construction sheds, seats,
canopies, tents and fences used in construction work or for
temporary purposes such as reviewing stands. Such struc-
tures shall be completely removed upon the expiration of
the time limit stated in the permit.
104.1.3 Work authorized. A building, electrical; gas,
mechanical or plumbing permit shall tarty with it the right
to construct or install the work, provided the same is
shown on the drawings and set forth in the specifications
filed with the application for the permit. Where these are
not shown on the drawings and covered by the specifica-
tions submitted with the application. separate permits
shall be required.
103.7.2 - 104.1.7.1
104.1.4 Minor repairs. Ordinary minor repairs may be
made with the approval of the building official without a
permit, provided that such repairs shall not violate any of
the provisions of the technical codes.
104.1.5 Information required. Each application for a per-
mit, with the required fee, shall be filed with the building
official on a form furnished for that purpose and shall con-
tain a general description of the proposed work and its loca-
tion. The application shall be signed by the owner or his
authorized agent. The building permit application shall indi-
cate the proposed occupancy of all parts of the building and
of that portion of the site or lot, if any, not covered by the
building or structure and shall contain such other informa-
tion as may be required by the building official. Permit
application forms shall be in the format prescribed by a local
administrative board, if applicable, and must comply with a
the requirements of s. 713.135(6) & (7) Florida Statutes. °_
Each application shall be inscribed with the date of applies -
don, and the code in effect as of that date. The code in effect E
on the date of application shall govern the project.
104.1.6 Time limitations. An application for a permit for
any proposed work shall be deemed to have been aban-
doned 6 months after the date of filing for the permit.
unless before then a permit has been issued. One or more
extensions of time for periods of not more than 90 days
each may be allowed by the building official for the appli.
cation, provided the extension is requested in writing and
justifiable cause is denlDnSValed.
104.1.7 Annual Facility Permit In lieu of an individual
permit for each alteration to an existing electrical, gas,
mechanical, plumbing or intuior non - structural office
system(s), the building official is authorized to issue an
annual permit for Group F occupancies to facilitate rou-
tine or emergency service, repair, refurbishing, minor ren-
ovations of service systems or manufacturing equipment
install ations/relocations. The building official shall be
notified of major changes and shall retain the right to
make inspections at the facility site as deemed necessary.
A facility service permit shall be assessed an annual fee
and shall be valid for one year from date of issuance. A
separate permit shall be obtained for each facility and for
each construction trade, as applicable. The permit applica-
tion shall contain a general description of the parameters
of work intended to be performed during the year.
104.1.7.1 Annual Permit Records. The person to
whom an annual permit is issued shall keep a detailed
record of alterations made under such annual permit.
The building official shall have reasonable access to
such records upon request. The permit holder shall
list/identify all work performed on a form approved by
the building official. At the end of the permit valida-
tion period, a copy of the log shall be filed with the
building official. The building official is authorized to
revoke or withhold the issuance of the future permits if
a pattern of code violations is found to exist.
FLORIDA BUILDING CODE — BUILDING
1.3
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Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Property Information
Location Address: 1314 N OCEAN BLV VieW Map
Municipality: GULF STREAM Taxable Value
Calculator
Parcel Control Number: 20- 43- 46 -09 -03 -000 -0040
Subdivision: MC LOUTH SUB IN
Official Records Book: 18898 Page: 150 Sale Date: Jul -2005
Legal Description: MC LOUTH SUB LTS 4, 4 -A, 5 & 5 -A
Owner Information
Name: SPILLANE MARK I All Owners
Mailing Address: 1314 N OCEAN BLV
DELRAY BEACH FL 33483 7234
Sales Date
Book /Page Price
Sale Type
Owner All Sales
Jul -2005
1889810150 $8,100,000
WARRANTY DEED
SPILLANE MARK
Dec -2003
16297/0734 $7,395,000
WARRANTY DEED
WORRELL ODETTE A
Jun -2002
1MAJ 370 $10
WARRANTY DEED
HOSOKAWA DAVID &
rxempuons
Exemption Information Unavailable.
r.1N. r. -
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2006
2oosj
2004
$1,715,673
$i 054 516
$1 132 983
$6,000,000
5 000 000
5 000 000
$7,715,673
6 054 516
$6,1 983
Use Code: 0100 Description: RESIDENTIAL
* in residential properties may indicate
Assessed and Taxable Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006
2005
1 2004
$7,715,67 3
$6,2j'121,132,983 6
$6$2S,000
0
s,05 561
000
$104
$7,715,673
6 029 516
$6,107,983
2006
2005
2004
$137,145
$11 1 558
$115,994
$122
104
$104
$137,267
$111,6621
$116,098
Tax Collector WebSite
Tax Year 2006
Number of Units: 1
*Total Square Feet: 9230
area.
Structure Detail
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T- I
http:// www .pbcgov.com /papa/aspx/web /detai l_info. aspx ?p_entity= 20434609030000040 &... 8/10/2007