HomeMy Public PortalAbout08/02/2007 * Case #CE-3-07 * ShedrickTOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
CASE NO. 3 -07 DATE: August 2. 2007
LOCATION OF VIOLATION:
3032 Gulf Stream Road
Gulf Stream, Florida 33483
I, William H Thrasher , have personally examined the property described above and
(Town Official /Inspector) Sec. 70-
Find that said property is (NOT) (NOW) in compliance with Section(s) 106(i) of the
Code of the Town of Gulf Stream as of the 26th day of ji, y , 20 o7
Affiant
STATE OF FLORIDA
COUNTY OF PALM BEACII
The foregoing instrument was acknowledged before me this 2nri day of
August 2007 by William H. Thrasher Town OfficiaUlnspector,
who is personally known to me or who has produced a Florida driver's license as
identification who did /did not take an oath.
MY COMMISSION a DD 494672
(SE EXPIRES: February 21, 2010 "-,j
anMed Thou Wool Notary aemas NOTARY PUBLIC
State of Florida
COMMISSIONERS
WILLIAM F. KOCH, JR, Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITF III
CHRIS 0. WHEELER
MURIEL J. ANDERSON
August 4, 2007
Daniel C. Shedrick
253 Further lane, Box 8
East Hampton, NY 11937
Dear Mr. Shedrick:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Telephone
(561) 276 -5116
Fax
(561) 737-0108
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
We are enclosing an Affidavit of Compliance covering a Code Violation at
3032 Gulf Stream Road, Gulf Stream, Florida cited Tinder Case #3 -07.
Thank you for correcting the violation.
Very truly yours,
Rita L. Taylor C
Town Clerk
Encl.
cc: Tom Murphy Esq.
920 N. Federal Hwy.
Boca Raton, FL 33432
100 SEA ROAD, GULF STREAM, FLORIDA 33483
FAX Cover Sheet
TO:
Tom Murphy
Phone:
Fax Phone: 561 - 391 -1933
July 17, 2007
INumber of pages including cover sheet: 5
FROM:
Town of Gulf Stream
Phone: 561 - 276 -5116
Fax Phone: 561 - 737 -0188
REMARKS: X As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
Originals to Follow by Mail: Yes
CC:
Fax Phone:
GULF STREAM DESIGN MANUAL § 70 -106
Typical Mediterranean Revival style garage with matching gable roof. Color,
material, and roof consistent with principal building (preferred).
(Ord. No. 00 -1, § 44, 3- 10 -00)
Sec. 70 -106. Color.
(a) Generally.
(1) Color should be representative of the architectural style of the structure. Various pastel colors
characterize Gulf Stream - Bermuda style homes, while off- whites, warm pastels, and light
earthtone colors are common to Spanish Mediterranean homes. The chapter addresses color in a
manner that will aid in its selection. Three categories, principal building color, trim color, and
accent color have been established that correspond to color application for various architectural
features.
(2) Approved colors may be appropriate for one style of architecture but may be inappropriate for
another (see article VII, Predominant Architectural Styles). An example of an inappropriate use
of color would be a blue Spanish Mediterranean style home. A complete color sample chart
displaying all approved colors is available at the town hall. A complete list of approved principal
building and trim colors follows, and an explanation of color terms and the methodology of the
color selection process is included in section 70 -300.
(3) The following colors are approved for all single - family homes. Colors are approved for the
principal building and building trim. The color specifications referenced are from the Benjamin
Moore Color Selector Kit, which is used as a reference only. The kit was selected based on
completeness, ease of use, and availability. The town does not recommend or endorse any specific
paint product or manufacturer. The kit, along with the color selection chart located in the town
hall, shall serve as a basis for comparison, where any paint sample can be compared and
classified as approved or prohibited.
(b) Principal building.
(1) Considerations. Many factors affect the application of color. Careful consideration should be
exercised when selecting a color based on a color sample or color chip. Considerations include, but
are not limited to, size, texture, and fenestration of the surface. Colors usually appear darker and
more intense when applied over a large surface. The texture of the surface can cast shadows,
CD70:59
¢ 70 -106 GULF STREAM CODE
making colors appear darker. The arrangement of the windows and various other elements define
the amount of solid wall surface to consider. In general, colors should exemplify a high to
medium -high value and a low to medium -low chrome. (see section 70 -300, Color).
(2) Definition. 'Principal building color' shall refer to the predominant color application to all walls
of the principal building and associated accessory structures. Principal building colors are subject
to review and must be on the approved color list.
(3) Approved color list. The following colors are approved as principal building colors on all homes
except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens,
toned yellow - greens, toned greens, greens, blue - greens, toned blue - greens, blues, and blue - violets
(colors #365 through 840) referenced herein shall be prohibited.
a. Red - oranges ltoned red - oranges. 001, 008, 009, 015, 016, 017, 022, 023, 024, 029, 030, 036,
037, 038, 043, 044, 045, 050, 051, 052, 053, 057, 058, 059, 060, 064, 065, 066, 067, 071, 072,
073, 078, 079, 080, 085, 086, 087, 092, 093, 094, 095, 099, 100, 101, 106, 107, 108, 113, 114,
115, 116, 120, 121, 122, 127, 128, 129, 134, 135, 136.
b. Yellow-oranges ltoned yellow- oranges /golds: 141, 142, 143, 148,149,150, 155, 156, 162,163,
164, 169, 170, 176, 177, 183, 184, 185, 190, 191, 192, 197, 198, 199, 204, 205, 206, 207, 211,
212, 213, 214, 218, 219, 220, 221, 225, 226, 227, 232, 233, 234, 239, 240, 241, 242, 246, 247,
248, 253, 254, 255, 260, 261, 262, 263, 267, 268, 269, 270, 274, 275, 276, 281, 282, 283, 284,
288, 289, 290, 295, 296, 297, 302, 303, 304, 305.
C. Yellow /toned yellows: 309, 310, 311, 316, 317, 318, 323, 324, 325, 330, 331, 332, 333, 337,
338, 339, 344, 345, 346, 347, 351, 352, 358, 359.
d. Yellow - greens /toned yellow - greens (prohibited for Spanish Mediterranean): 365, 366, 367,
372, 373, 374, 375, 379, 380, 386, 387, 388, 393, 394, 400, 407, 408, 414, 421, 428.
e. Toned greens (prohibited for Spanish Mediterranean): 435, 436, 437, 442, 449, 456, 457, 463,
464, 470, 471, 477, 478, 484, 485, 491, 492, 498, 499, 505, 506, 512, 513, 519, 520, 521, 526,
527, 533, 534.
Greens (prohibited for Spanish Mediterranean): 547, 582, 596, 617, 624.
g. Blue - greens /toned blue - greens (prohibited for Spanish Mediterranean): 645, 652, 666, 673,
680, 694, 701, 708, 715.
h. Blues/blue- violets (prohibited for Spanish Mediterranean): 771, 792, 793, 806, 807, 813,
834, 835.
i. Off - whites /pastels: 841 thru 973 (all).
j. Warm neutrals lbeiges: 974, 975, 976, 981, 982, 983, 984, 988, 989, 990, 995, 996, 1002, 1003,
1004, 1005, 1009, 1010, 1011, 1016, 1017, 1018, 1023, 1024, 1025, 1030, 1031, 1032, 1037,
1038, 1039, 1044, 1045, 1046, 1051, 1052, 1053, 1058, 1059, 1060, 1065, 1066, 1067, 1068,
1072, 1073, 1074, 1079, 1080, 1081, 1086, 1087, 1088, 1093, 1094, 1095, 1100, 1101, 1107,
1108, 1109, 1114, 1115, 1121, 1122.
k. Brownslred- browns: 1156, 1157, 1158, 1163, 1164, 1165, 1166, 1170, 1171, 1172, 1177, 1178,
1184, 1185, 1186, 1191, 1192, 1198, 1205, 1206, 1212, 1213, 1214, 1215, 1219, 1226, 1240,
1241, 1247, 1248.
Reds /red - violets: 1261, 1268, 1275, 1282, 1289, 1317, 1331.
m. Wolets /toned violets: All not allowed.
CD70:60
GULF STREAM DESIGN MANUAL § 70 -106
n. Cool neutralsltoned gray - greens: 1457, 1458, 1464, 1465, 1471, 1472, 1478, 1479, 1485,
1492, 1493, 1499, 1500, 1506, 1507, 1508, 1513, 1514, 1515, 1516, 1520, 1521, 1522, 1527,
1528, 1529, 1530, 1534, 1535, 1536, 1541, 1542, 1548, 1549, 1550, 1555, 1556, 1557, 1562,
1563, 1569, 1570, 1576, 1577.
0. Grays/blue- grays: 1583, 1584, 1585, 1590, 1591, 1597, 1598, 1604, 1611, 1612, 1618, 1619,
1625, 1626, 1632, 1633, 1639, 1640, 1646, 1647, 1653, 1660, 1661, 1667, 1674, 1675.
(c) 71im.
(1) Considerations. In addition to the principal building surface, the trim constitutes an important
part of the home. Color selection should differentiate the trim from the walls, but contrast should
be appropriate to the architectural style. Creating contrast helps to highlight the building
articulation, while at the same time reduces the potential box -like appearance. Care should be
exercised in selecting a color that will not overpower or dominate the home.
(2) Definition. "Trim color" shall refer to the color application to any or all building trim elements
such as eaves, soffits, overhangs, cornices, friezes, fascias, windows, sills, brackets, and gutters
(if painted). Trim colors are subject to review and must be on the approved color list and be
consistent with the principal building color.
(3) Approved color list. The following colors are approved as trim colors on all homes except for the
Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow -
greens, toned greens, greens, blue - greens, toned blue - greens, blues, and blue - violets (colors #365
through 840) referenced herein shall be prohibited. All approved principal building colors are
approved as building trim colors.
a. Red- oranges ltoned red - oranges: 002, 010, 018, 025, 031, 039, 046, 054, 061, 068, 074, 081,
088, 096, 102, 109, 117, 123, 130, 137. .
b. Yellow- oranges /toned yellow- oranges lgolds: 144,151, 157, 165, 171, 178, 186, 193, 200, 208,
215, 222, 228, 235, 249, 243, 256, 264, 271, 277, 285, 291, 298, 306.
C. Yellow /toned yellows: 312, 319, 326, 334, 340, 348, 353, 360.
d. Yellow - greens /toned yellow -greens (prohibited for Spanish Mediterranean). 368, 376, 381,
389, 395, 401, 415, 409, 422, 429.
e. Toned greens (prohibited for Spanish Mediterranean): 438, 443, 450, 458, 465, 472, 479, 486,
493, 500, 507, 514, 522, 528, 535.
f. Greens (prohibited for Spanish Mediterranean): 540, 548, 554, 561, 568, 575, 583, 589, 597,
603, 610, 618, 625, 631.
g. Blue -greens /toned blue - greens (prohibited for Spanish Mediterranean): 638, 646, 653, 659,
667, 674, 681, 687, 695, 702, 709, 716, 722, 729, 736.
h. Blues /blue - violets (prohibited for Spanish Mediterranean): 743, 750, 757, 764, 772, 778,
785, 794, 799, 808, 814, 820, 827, 836.
i. Warm neutrals /beiges: 977, 985, 991, 997, 1006, 1012, 1019, 1026, 1033, 1040, 1047, 1054,
1061, 1069, 1075, 1082, 1089, 1096, 1102, 1110, 1116, 1123.
j. Browns/red- browns: 1159, 1167, 1173,1179,1187,1193, 1199, 1207, 1216,1220, 1227, 1233,
1242, 1249, 1254.
k. Reds /red - violets: 1262, 1269, 1276, 1283, 1290, 1296, 1303, 1310, 1318, 1324, 1332, 1338.
1. trolets /toned violets: 1380, 1387, 1394, 1401, 1408, 1415, 1422, 1429, 1436, 1443, 1450.
m. Cool neutralsltoned gray - greens. 1459, 1466, 1473, 1480, 1486, 1494, 1501, 1509, 1517,
1523, 1531, 1537, 1543, 1551, 1558, 1564, 1571, 1578.
CD70:61
§ 70 -106 GULF STREAM CODE
n. Grayslblue- grays: 1586, 1592, 1599, 1605, 1613, 1620, 1627, 1634, 1641, 1648, 1654, 1662,
1668, 1676.
(d) Accent.
(1) Considerations. Sometimes it is important to highlight specific features of the home. Accent color
should be chosen to provide contrast to isolated items such as shutters, doors, and/or awnings.
Often these features may be included as trim, but if special attention is desired, the level of
contrast can be increased. Contrast can be achieved by simply using a different hue or by
changing the chrome and/or value. Accent colors should be used sparingly or they lose their
effectiveness.
(2) Definition. "Accent color" shall refer to the color application to any or all building accents such as
shutters, doors, and awnings. Accent colors are not subject to approved colors, but may not
include all shades of purple, primary red (except doors), or fluorescent colors.
(e) Stain. In addition to paint, a designer or homeowner may choose to select stain as a color option.
Stain should be used as a principal building color only if the building material is wood and it is
appropriate with the architectural style. Stain may be used as trim and accent colors but not as the
principal building color for Spanish Mediterranean and Gulf Stream- Bermuda homes. Stain should be
reflective of earthtone colors. Darker colors are permissible to compensate for absorption and fading.
Stains do not have to be compared to the approved color samples, but must be consistent with the
community character of the town.
(f) Required.
Principal building color selected from the "approved color list"
Trim colors selected from "approved trim color list"
(g) Preferred.
Principal building color representative of architectural style
Trim color(s) and accent colors to be compatible with architectural style
Trim color(s) to be consistent or complementary to principal building color
(h) Discouraged.
Dark stains inconsistent with community character
More than three colors (principal building and trim)
Non - traditional accent colors —For example: deep orange, bright teal, mustard yellow, bright
royal blue
Principal building colors not representative of architectural style
Tzim color(s) and accent colors not compatible with architectural style
Trim color(s) not consistent or complementary to principal building color
(i) Prohibited.
Non - earthtone stains
Non - approved colors for principal buildings and trim
Purples, red (except doors), fluorescent colors, and substantially bright colors (such as: magenta,
lime green, bright pink, bright orange), as trim or accent
Quoins painted a darker shade than the principal building color
(Ord. No. 00 -1, § 45, 3- 10 -00)
CD70:62
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
RE: DANIEL C. SHEDRICK
3032 Gulf Stream Road
NOTICE OF APPEARANCE AND NOTICE OF RECEIPT
Notice is hereby given that the undersigned, DICKENSON, MURPHY, REX &
SLOAN, hereby enters its appearance on behalf of DANIEL C. SHEDRICK with respect to the
violation of Town Code Section 70- 106(i).
2. The undersigned attorney hereby acknowledges receipt by DANIEL C.
SHEDRICK of notice of the hearing before a Special Master on July 31, 2007 at 10:00 a.m, at
the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida.
3. DANIEL C. SHEDRICK requests the removal of the notice posted on his
property, having acknowledged receipt of the notice.
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Rita L.
Taylor, Town Clerk, Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida this 12a' day of
July, 2007.
Dickenson, Murphy, Rex & Sloan
980 N. Federal Highway
Suite 410
Boca Raton, Florida 33432
(561) 391 -1900 Telephone
(561) 391 -1933 Facsimile
T.N. hy, Jr.
Florida Bar No. 138365
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Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and Ph. (561) 276 -5116
Zoning Department Fax (561) 737 -0188
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 03 -7 July 2, 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.
1. Location/Address where violation(s) exist(s): 3032 Gulf Stream Road
2. Legal Description: Lot 18, Gulf Stream Properties Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s):
Daniel C. Shedrick
4. Violation of Town Code Section(s) and description(s): Section 70-106(i)
Front Door is painted a prohibited color, BRIGHT PINK.
(SEE ATTACHED "EXHIBITS OF VIOLATION")
Date of First Inspection: Jm mary 3- 70n7
Date owner first notified of violation(s): January 18, 2007 (June 1, 2007 2nd notice)
7. Date on/by, which violations are to be corrected: June 16. 2007
******* * * * * * * * * * * * * * * * * * * * *I1vIPORTANT 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 July 31 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. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
.7„ 1y 95, 2nn7 ' 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 VIOLATION(S)
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.
y: Rita L. Taylor, Tow Jerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
§ 70.106 GULF STREAM CODE •
n. Grays /blue- grays: 1586, 1592, 1599, 1605, 1613, 1620, 1627, 1634, 1641, 1648, 1654, 1662,
1668, 1676.
(d) Accent. •
(1) Considerations. Sometimes it is important to highlight specific features of the home. Accent color
should be chosen to provide contrast to isolated items such as shutters, doors, and/or awnings.
Often these features may be included as trim, but if special attention is desired, the level of
contrast can be increased. Contrast can be achieved by simply using a different hue or by
changing the chroma and/or value. Accent colors should be used sparingly or they lose their
effectiveness.
(2) Definition. "Accent color" shall refer to the color application to any or all building accents such as
shutters, doors, and awnings. Accent colors are not subject to approved colors, but may not
include all shades of purple, primary red (except doors), or fluorescent colors.
(e) Stain. In addition to paint, a designer or homeowner may choose to select stain as a color option.
Stain should be used as a principal building color only if the building material is wood and it is
appropriate with the architectural style. Stain may be used as trim and accent colors but not as the
principal building color for Spanish Mediterranean and Gulf Stream - Bermuda homes. Stain should be
reflective of earthtone colors. Darker colors are permissible to compensate for absorption and fading.
Stains do not have to be compared to the approved color samples, but must be consistent with the
community character of the town.
M Required.
Principal building color selected from the "approved color list" •
Trim colors selected from "approved trim color list"
(g) Preferred.
Principal building color representative of architectural style
Trim color(s) and accent colors to be compatible with architectural style
Trim color(s) to be consistent or complementary to principal building color
(h) Discouraged.
Dark stains inconsistent with community character
More than three colors (principal building and trim)
Non - traditional accent colors —For example: deep orange, bright teal, mustard yellow, bright
royal blue
Principal building colors not representative of architectural style
Trim color(s) and accent colors not compatible with architectural style
Trim color(s) not consistent or complementary to principal building color
(i) Prohibited.
Non- earthtone stains
Non - approved colors for principal buildings and trim
Purples, red (except doors), fluorescent colors, and substantially bright colors (such as: magenta,
lime green, bright pink, bright orange), as trim or accent
Quoins painted a darker shade than the principal building color a
(Ord. No. 00 -1, § 45, 3- 10 -00)
CD70:62
'A I-
242
GULF STREAM CODE
ordinance; the town commission may ac-
(11) Perform such other duties as are specified
cept or reject such recommendations and
in the charter or ordinances of the town or
may make appointments in the absence of
as may be required by the town commis -
such recommendations.
sion.
(2)
Appoint, and when he deems it necessary
(12) The town manager shall represent the
for the good of the town, suspend or re-
town before appointive officers of other
move, all other town employees. He may
governmental bodies except when the town
authorize any administrative officer who
commission shall have designated some
is subject to his direction and supervision
other person to act.
to exercise these powers with respect to
(Ord. No. 89 -3, § 1, 5 -5 -89)
subordinates in that officer's department,
office or agency.
Secs. 243 -2 -55. Reserved.
(3)
Direct and supervise the administration
of all departments, offices and agencies of
ARTICLE III. BOARDS AND
the town except as otherwise provided by
COMMISSIONS
charter or by law.
(4)
Attend all town commission meetings and
DIVISION 1. GENERALLY
he shall have the right to take part in
discussion but may not vote.
Secs. 2- 56 -2 -65. Reserved.
(5)
Administer all laws, provisions of the char-
DIVISION 2. CODE ENFORCEMENT
ter and acts of the town commission sub-
ject to enforcement by him or by officers
subject to his supervision.
Sec. 2 -66. Title.
(6)
Prepare and submit the annual budget
This division may be known and cited as the
and capital programs to the town commis-
Code Enforcement Ordinance of the town of Gulf
Stream, Florida.
sion.
(Ord. No. 98 -3, § 1, 5- 14-98)
(7)
Submit to the town commission and make
available to the public a complete report
Sec. 2 -67. Special master, term.
on the finances and administration activ-
(a) There is hereby established a special mas-
ities of the town as of the end of each fiscal
ter who shall be designated by the town commis -
year'
sion.
(8)
Make such other reports as the town
(b) The special master shall be appointed for a
commission may require concerning the
term of two years.
operations of town departments, offices
and agencies subject to his direction and
(c) The special master shall be an attorney and
supervision.
a member of the Florida Bar.
(9) Keep the town commission fully advised
as to the financial condition and future
needs of the town and make such recom-
mendations to the town commission con-
cerning the affairs of the town as he
deems desirable.
(10) Sign contracts on behalf of the town as
directed by the town commission.
(d) The special master shall serve at the plea-
sure of the town commission.
(e) The special master shall preside over code
enforcement matters scheduled to be heard from
time to time.
(f) Minutes shall be maintained at all hearings
presided over by the special master; all hearings
shall be open to the public. The town shall provide
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ADMIMSTRA77ON
clerical and administrative personnel as may be
required by the special master for the proper
performance of his/her duties.
(g) The town attorney or his/her designee shall
represent the town by presenting cases before the
special master.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -68. Jurisdiction.
(a) The special master shall have the jurisdic-
tion and authority to hear and decide any alleged
violations of the following chapters of the Code
and ordinances of the town as the same may be
amended from time to time:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special master shall
not be exclusive. Any alleged violation of any of
the aforesaid codes and ordinances may be pur-
sued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special master
§ 2 -69
when the code enforcement officer, upon personal
investigation, has reasonable cause to believe
that the person or persons are in violation of the
codes cited in this division. Employees who may
be designated as code enforcement officers may
include but are not limited to, code inspectors, law
enforcement officers, public works inspectors, fire
safety inspectors, and zoning inspectors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special master and
request a hearing. The special master shall sched-
ule a hearing, and written notice of such hearing
shall be hand delivered or mailed as provided in
section 2 -75 to the violator. At the option of the
special master, notice may additionally be served
by publication or posting as provided in section
2 -75. If the violation is corrected and then recurs
or if the violation is not corrected by the time
specified for correction by the code inspector, the
case may be presented to the special master even
if the violation has been corrected prior to the
special master hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special master and request a hearing.
The special master shall schedule a hearing and
shall provide notice pursuant to section 2 -75. The
case may be presented to the special master even
if the repeat violation has been corrected prior to
the hearing, and the notice shall so state. If the
repeat violation has been corrected, the special
master retains the right to schedule a hearing to
determine costs and impose the payment of rea-
sonable enforcement fees upon the repeat viola-
tor. The repeat violator may choose to waive his or
her rights to this hearing and pay the costs as
determined by the special master. A repeat viola-
tion is a violation of a provision of a code or
ordinance by a person whom the special master
has previously found to have violated the same
provision within five years prior to the violation.
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A D M M I S T R A T I O N
t h e v i o l a t i o n c o n t i n u e s p a s t t h e d a t e s e t b y t h e
s p e c i a l m a s t e r f o r c o m p l i a n c e o r , i n t h e c a s e o f a
r e p e a t v i o l a t i o n , f o r e a c h d a y t h e r e p e a t v i o l a t i o n
c o n t i n u e s , b e g i n n i n g w i t h t h e d a t e t h e r e p e a t
v i o l a t i o n i s f o u n d t o h a v e o c c u r r e d b y t h e s p e c i a l
m a s t e r . I n a d d i t i o n , i f t h e v i o l a t i o n i s a v i o l a t i o n
d e s c r i b e d i n s u b s e c t i o n 2 - 6 9 ( d ) o f t h i s d i v i s i o n ,
t h e s p e c i a l m a s t e r s h a l l n o t i f y t h e l o c a l g o v e r n i n g
b o d y , w h i c h m a y m a k e a l l r e a s o n a b l e r e p a i r s
w h i c h a r e r e q u i r e d t o b r i n g t h e p r o p e r t y i n t o
c o m p l i a n c e a n d c h a r g e t h e v i o l a t o r w i t h t h e r e a -
s o n a b l e c o s t o f t h e r e p a i r s a l o n g w i t h t h e f i n e
i m p o s e d p u r s u a n t t o t h i s s e c t i o n . I f a f i n d i n g o f a
v i o l a t i o n o r a r e p e a t v i o l a t i o n h a s b e e n m a d e a s
p r o v i d e d i n t h i s s e c t i o n , a h e a r i n g s h a l l n o t b e
n e c e s s a r y f o r i s s u a n c e o f t h e o r d e r i m p o s i n g t h e
f i n e . I f , a f t e r d u e n o t i c e a n d h e a r i n g , a s p e c i a l
m a s t e r f i n d s a v i o l a t i o n t o b e i r r e p a r a b l e o r
i r r e v e r s i b l e i n n a t u r e , i t m a y o r d e r t h e v i o l a t o r t o
p a y a f i n e a s s p e c i f i e d i n s u b s e c t i o n ( b ) , b e l o w .
( b ) A f i n e i m p o s e d p u r s u a n t t o t h i s s e c t i o n
s h a l l n o t e x c e e d $ 2 5 0 . 0 0 p e r d a y f o r a f i r s t v i o l a -
t i o n , a n d s h a l l n o t e x c e e d $ 5 0 0 . 0 0 p e r d a y f o r a
r e p e a t v i o l a t i o n , a n d , i n a d d i t i o n m a y i n c l u d e a l l
c o s t s o f r e p a i r s p u r s u a n t t o s u b s e c t i o n ( a ) , a b o v e .
H o w e v e r , i f t h e s p e c i a l m a s t e r f i n d s t h e v i o l a t i o n
t o b e i r r e p a r a b l e o r i r r e v e r s i b l e i n n a t u r e , i t m a y
i m p o s e a f i n e n o t t o e x c e e d $ 5 , 0 0 0 . 0 0 p e r v i o l a -
t i o n .
( c ) I n d e t e r m i n i n g t h e a m o u n t o f t h e f i n e , i f
a n y , t h e s p e c i a l m a s t e r s h a l l c o n s i d e r t h e f o l l o w -
i n g f a c t o r s :
( 1 ) T h e g r a v i t y o f t h e v i o l a t i o n ;
( 2 ) A n y a c t i o n s t a k e n b y t h e v i o l a t o r t o c o r -
r e c t t h e v i o l a t i o n ; a n d
( 3 ) A n y p r e v i o u s v i o l a t i o n s c o m m i t t e d b y t h e
v i o l a t o r .
( d ) A c e r t i f i e d c o p y o f a n o r d e r i m p o s i n g a f i n e
m a y b e r e c o r d e d i n t h e p u b l i c r e c o r d a n d t h e r e a f -
t e r s h a l l c o n s t i t u t e a l i e n a g a i n s t t h e l a n d o n
w h i c h t h e v i o l a t i o n e x i s t s , a n d u p o n a n y o t h e r
r e a l o r p e r s o n a l p r o p e r t y o w n e d b y t h e v i o l a t o r .
U p o n p e t i t i o n t o t h e c i r c u i t c o u r t , s u c h o r d e r m a y
b e e n f o r c e d i n t h e s a m e m a n n e r a s a c o u r t j u d g -
m e n t b y t h e s h e r i f f s o f t h i s s t a t e , i n c l u d i n g l e v y
a g a i n s t t h e p e r s o n a l p r o p e r t y , b u t s u c h o r d e r
s h a l l n o t b e d e e m e d t o b e a c o u r t j u d g m e n t e x c e p t
� 2 - 7 4
f o r e n f o r c e m e n t p u r p o s e s . A f i n e i m p o s e d p u r s u -
a n t t o t h i s s e c t i o n s h a l l c o n t i n u e t o a c c r u e u n t i l
t h e v i o l a t o r c o m e s i n t o c o m p l i a n c e o r u n t i l a
j u d g m e n t i s r e n d e r e d i n a s u i t t o f o r e c l o s e o n a
l i e n f i l e d p u r s u a n t t o t h i s s e c t i o n , w h i c h e v e r
o c c u r s f i r s t . A l i e n a r i s i n g f r o m a f i n e i m p o s e d
p u r s u a n t t o t h i s s e c t i o n r u n s i n f a v o r o f t h e t o w n
a n d t h e t o w n m a y e x e c u t e a s a t i s f a c t i o n o r r e -
l e a s e o f a l i e n e n t e r e d p u r s u a n t t o t h i s s e c t i o n .
A f t e r t h r e e m o n t h s f r o m t h e f i l i n g o f a n y s u c h l i e n
w h i c h r e m a i n s u n p a i d , t h e t o w n m a y a u t h o r i z e
t h e t o w n a t t o r n e y t o f o r e c l o s e o n t h e l i e n . N o l i e n
c r e a t e d p u r s u a n t t o t h e p r o v i s i o n s o f t h i s s e c t i o n
m a y b e f o r e c l o s e d o n r e a l p r o p e r t y w h i c h i s a
h o m e s t e a d u n d e r S e c t i o n 4 , A r t i c l e X o f t h e S t a t e
C o n s t i t u t i o n .
( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 )
S e c . 2 - 7 3 . D u r a t i o n .
N o l i e n p r o v i d e d u n d e r t h i s d i v i s i o n s h a l l c o n -
t i n u e f o r a p e r i o d l o n g e r t h a n 2 0 y e a r s a f t e r t h e
c e r t i f i e d c o p y o f a n o r d e r i m p o s i n g a f i n e h a s b e e n
r e c o r d e d , u n l e s s w i t h i n t h a t t i m e a n a c t i o n t o
f o r e c l o s e o n t h e l i e n i s c o m m e n c e d i n a c o u r t o f
c o m p e t e n t j u r i s d i c t i o n . I n a n a c t i o n t o f o r e c l o s e
o n a l i e n , t h e p r e v a i l i n g p a r t y i s e n t i t l e d t o
r e c o v e r a l l c o s t s , i n c l u d i n g a r e a s o n a b l e a t t o r n e y '