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04/21/2009 * Case #CE-1-09 * Lavoie
TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE O NON - COMPLIANCE (circle one) CASE NO. rg 1 -ng DATE: April 21, 2009 LOCATION OF VIOLATION: 2775 Avenue Au Soleil Gulf Stream, Florida 33483 I, William Thrasher , have personally examined the property described above and (Town Official /Inspector Sec. 22 -31(4) or Find that said property i (NOT) NOW) in compliance with Section(4ec . 42 -26 of the Code of the Town of Gulf S ream as of the 17th day of April 920 09 X&., Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 21st day of April 20 ()q by wj 1 l ; am x Thra.¢h = Town Official /Inspector, who i persona y known o m or who has produced a Florida driver's license as identification who did /did not take an oath. (SEAL) ANLTAYLOR * MYCOMM1 SaN#0D4 672 NOTARY PUBLIC EXPIRES:February21,2010 State of Florida 'and'' P 111d Pvu84NN*ySM", 'v N P, ) 9 1 ZH m� W Z W m f m uN� 0 `nl` z w z W w z W W O awW zo ®❑ ? O a za O a O a w o b U) U)U70 ¢� O w m m m m m p O N Oli Z ❑ ❑❑ Q a N U U '- d r-q � z O N 4J 0 U T Q Wa w w� U A L) O 3U ~ w w F �0 dd�� W o wU)w¢ ❑ Y a [[xx]] NW U Y n 0 w m a w (s] 7+ 3Cf mF- aQ aZ) O = wc°.i W N m0 ❑ ❑ ❑ ❑❑ Q~ p F z m 0 N 7w Z (\ a' w m LLJ w w U N ' A a qF ^ O o W z w LL w 74 Z W 'b N U) m ml N \ w N S J !+q�± w� m F U) J Q W N =Z 6 o ° W � Z0 ca 01 v U W m a 0 OU o W o � Q C) Ir O J U 41 u'1 1 O w O U m w W n N O ZO ? F La N U D Q Q U) FLL-1 U) LU U K w J Q❑ (7 v w ') m> Q O W Z O I— v ch N 0r aC F- �❑ a Lu Q Z Ww m2 m m m w �a V¢ a ❑❑ O O p m LLI O C W U LU Z W w y W ¢ Q ¢ ¢ ¢ m w 1F- Q F- W LL Q� W W W W W C m F J W �O UU ❑D zU O z ❑ O > QO > >W Z) W (D =o W 0 W m m a ❑g z m _ U2 Of m m— W m m W > w W N m QU ¢ w O N Z m F- w m > > L W O .0Z >a h F O U i ❑ Z M CA O W M 0 O W — U) J W C G 10 w O F w ¢ a w w F- O z V D❑ z F-= LL U O NQ d z w U w V ¢w L) z� go z }� mo 1J1 0' F-w zU 00 a a w w w❑ m Q Jv) ¢Q a a ❑� ¢� . fA rim W ❑ c�¢ 'o¢ ❑Z a i wU O m �Q rn Nr Z i m> a:CK O� Hg O w F-w' W N =W N W m W w W a J () V J O� a z 7 J = 4O Z� U LL �d ON >U' a'� O >�> QQ ❑J O� O Y 'v N P, ) 9 1 TOWN OF (GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. NOCH, JR. Mayor JOAN A. ORTHWEIN, Vice Mayor FRED B. OEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON April 21, 2009 Richard P. Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 2763116 Fax (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clerk FUTA L TAYLOR Hand Deliver Article #129 We are encloding an Affidavit of Non - Compliance covering repeat code violations at the above address, cited under Case #1 -09. Deterioration of your lawn was previously cited under Case #2 -05, #3 -05 and #5 -06. The collapsed pool screen and temporary barrier was previously cited under Case #2 -06. At the hearing held on April 16, 2009, you were found in Non - Compliance and the Special Magistrate assessed a fine of $500.00 per day beginning on April 2, 2009 for each day these violations continue. A copy of this Order Finding Repeat Violation And Imposing Fine is enclosed. We are also enclosing an Affidavit of Non - Compliance covering a code violation of Section 22- 31(15) at the above address, cited under Case #2 -09. This is a violation for having stagnant water in the swimming pool. This resulted from my inspection of the pool following the hearing held on April 16, 2009, when I found the pool to still be stagnant. At the same hearing on April 16, you in compliance regarding this to her that you had made repairs rendered the pool no longer stag of the Special Magistrates Order enclosed. 2009, the Special Magistrate found violation based on your sworn statement and provided treatment that had Lant. No fine was imposed and a copy Finding Violation Case #2 -09 is When the various violations are corrected, call the Town Hall to arrange for an inspection. Very truly y / ours, w�� 54 William H. Thrasher Town Manager Encls. (4) 100 SEA ROAD, GULF STREAM, FLORIDA 33483 INTER- OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: SALLY DA'L'E: 09 -09 -09 RE' Record a Lien Please have a lien filed against this property owned by Richard Lavoie. I have attached my Clerk's Certification to this Special Magistrate's Order. Let me know if you need anything else or have any questions. Thanks. t t rr CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING REPEAT VIOLATION AND IMPOSING FINE TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent. Case No. CE 1 -09 Re: Violation of Section 22 -31 (4), and 42 -26, of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIOL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF SR S & W OF FIND CNL 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 16s' day of April, 2009, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, RICHARD LAVOIE, was present at the hearing, however, there was a finding of proper notice. 2. The Town Manager testified to the violation and submitted photos and other evidence. CONCLUSIONS OF LAW Respondent is in repeat violation of Sections 22 -31 (4), and 42 -26 of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that a fine of five-hundred-dollars ($500.00) per day shall be assessed beginning April 2, 2009, in accordance with the above listed Code Sections of the Code of Ordinances of the Town of Gulf Stream for each day the violation continues to exist. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 16`h day of April, 2009. TOWN OF GULF STREAM COD ORCEMFNT BY: Special Magistrate Clerk's Certificate STATE OF FLORIDA ) COUNTY OF PALM BEACH) TOWN OF GULF STREAM ) ss: I, Rita L. Taylor, hereby certify that I am the duly-appointed and acting Clerk of the Town of Gulf Stream, Florida; that the foregoing is a true and correct copy of a Document, the original of which is on file in the Office of the Town Clerk of the Town of Gulf Stream, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Town, this 9th day of September A.D. 2009. (SEAL) 1.ta L. Tay or Town Clerk MINUTES OF THE CODE ENFORCEMENT HEARING HELD BY THE SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, APRIL 16, 2009, 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 10:00 A.M. The Magistrate administered the Oath to William Thrasher, Town Manager and Richard Lavoie. 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. REPEAT VIOLATION - Deteriorating and unsightly lawn in violation of Section 22 -31(4) of the Gulf Stream Code of Ordinances and swimming pool not properly screened in violation of Section 42 -26 of the Gulf Stream Code of Ordinances adopting State Building Code by reference Section R4104.17 (temporary barrier collapsed). Mr. Thrasher explained that these are repeat violations of the original violations cited under CE2 -05 and CE3 -05. He presented the following exhibits: 1) Statement of Repeat Violation and Notice of Hearing and a certified US mail receipt; 2) Composite photographs of the dead grass and pool taken 3/17/08; 3) Sections. 22 -31 and 42 -26 of Town of Gulf Stream Code of Ordinance and Section R4101.17 of State of FL Building Code; 4) Unclaimed certified mailed addressed to Mr. Lavoie; 5) Affidavit signed by the Town Clerk; 6) Incident report dated 3/17/09 indicating the property is neglected; 7) Incident report dated 4/2/09 of return receipt signed by Mr. Lavoie; 8) Orders Finding Violation from Case Nos. CE2 -05, CE2 -06, CE3 -05 and CE5 -06; 9) Printout from Palm Beach County Property Appraiser showing Mr. Lavoie as the property owner; The Magistrate asked if Mr. Lavoie had any comments. Mr. Lavoie explained that he is a full time resident of Gulf Stream but was out of the country from 3/17/09 to 4/1/09. He stated that when he returned home he saw the Notice of Violation posted in front of his door, which he removed. He stated that he was not irrigating his lawn regularly because of the Town's water restrictions. He added that he installed a new sprinkler system but his water bills were very expensive so he doesn't use it, but waters by hand. Mr. Lavoie stated that his screen enclosure was destroyed several years ago during a hurricane and a temporary orange contractors fence was installed. He stated that because he was out of town, the weeds had grown around the fence and it had collapsed. Special Magistrate Donlon asked the Town Manager what he would recommend on behalf of the Town to adjudicate this matter. Mr. Thrasher stated that because the home owner is away, he should not be relieved or exonerated from the responsibility or upkeep and care of his property. He added that this is a repeat violation and he requested that a fine of $500.00 per day be assessed from 4/2/09 until the pool enclosure is replaced. Town of Gulf Stream April 16, 2009 Code Enforcement Hearing Page 2 Magistrate Donlon ordered that a fine of five - hundred - dollars ($500.00) per day shall be assessed beginning April 2, 2009, in accordance with Sections 22 -31(4) and 42 -26 of the Code of Ordinances of the Town of Gulf Stream for each day the violation continues to exist. Upon compliance, it is the responsibility of the Respondent to notify the Gulf Stream Code Enforcement Clerk at 561- 276 -5116 to request a reinspection of the property. Case No. CE 2 -09; Richard Lavoie, 2775 Avenue An Soleil Stagnant water in swimming pool in violation of Article II, Section 22 -31, Paragraph (15) of the Gulf Stream Code of Ordinances. Town Manager Thrasher explained that the hearing is concerning stagnant water in the swimming pool. He presented the following exhibits: 1) Statement of Violation and Notice of Hearing ; 2) Section 22 -31 (15) of Town of Gulf Stream Code of Ordinance; 3) Certified mail signed by Mr. Lavoie; 4) Return receipt signed by Mr. Lavoie; 5) Composite photographs of the dead grass and pool taken 3/17/08; 6) Incident report dated 4/2/09 of delivery of Article 4125 signed by Mr. Lavoie; 7) Hand delivered Notice of Violation dated 3/20/2009; 8) Incident report dated 3/17/09 stating property is neglected; 9) Printout from Palm Beach County Property Appraiser showing Mr. Lavoie as the property owner. He stated that since his return, he has installed a new pool pump and added several pounds of shock to the pool, which is now clear. Special Magistrate Donlon asked if anyone from the Town had seen the pool since it has been cleaned. The Town Manager stated that no one had seen the pool. The Magistrate ruled that pool has met compliance and shall continue to comply with Section 22- 31(15) of the Gulf Stream Town Code of Ordinances. Magistrate Donlon added that future violation of the aforementioned Code Sections may be considered a repeat violation for which a fine of up to five - hundred - dollars ($500.00) per day may be imposed beginning on the date the violation begins. There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:55 A.M. Hand Delivery Article 125 .k. CERTIFIED MAIL Town of Gulf Stream RETURN RECEIPT REQUESTED 100 Sea Road Gulf Stream, FL 33483 Building Planning and Phone (561) 276 -5116 Zoning Department Fax (561) 737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASENO: CE #1 -09 March 20 2009 STATEMENT OF REPEAT 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 repeat 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 repeat violation(s) exist(s): 7775 AVP _ A„ Snl ai l , Q11 f Stream, FL 334 2. Legal Description: Lot 93, Place Au Soleil & 4-46 -43, Ely 110' of Wly 272.58' of Sly o N o 0 3. Name and address of owner /person in charge where repeat violation(s) exist(s): Richard P. Lavoie, 2775 Avenue Au Soleil, Gulf Stream, Florida 33483 4. Repeat Violation of Town Code Section(s) and description(s): Sec. 22-310). Lawn has deteriorated to the extent that it is in need of replacement, a repeat of the original violation cited under CE2 -05 which was repeated & cited under CE3 -05 & aIl of c w --- y corrected, smie with ftims assessed. eat Code by Reference -Fla. Bldg. Code 2004 Sec. hurricane and a temporary barrier of contractors netting was installed which has --now also col-lapsed. (SEE ATTACHED `EXHIBITS OF REPEAT VIOLATION") 5. Date of First Inspection: 3 -17 -09 6. Date owner first notified of repeat violation(s): Unable to contact as of 3 -20 -09 * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** NOTICE IS BERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on 4 -16 -09 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 T- I YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116, ON OR BEFORE 4 -9 -09 , 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. EVEN IF THE REPEAT VIOLATION(S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING, THE CASE MAY STILL BE PRESENTED TO THE SPECIAL MAGISTRATE. 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 repeat 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 $500.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered. If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was in fine and now in compliance and you wish to request a REDUCTION IN FINE, an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Magistrate with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is to be based. (FS 286.0105). PLEASE GOVERN YOURSELF ACCORDINGLY. ZA 1&— By: Rita L. Taylor, Town Cl Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 7003 1010 0000 6300 5578 _- • • .E. |.O \ / J- !V. -0£ /(t Ol = \/779 /! /a; 2h ;\#,0. ! / °» �)§kq %k "7E ƒ k ƒ$�-0 - -|y\f h -.0< G� 2lgi� !! \KG£di 2e�= l =w m /§ q !§ )k " ]! ;& ! 7r$ n ! %� a !% ® ir —Mai- :1 R R. kg �« %k/ |![ ` qMI ! 0 § . ° !a Z. , � [ E/ A!$ K / � k N � §K &■ /� / 4 £ Fr r �E v Q� 0 CA) V N O O CO W v v NUISANCES ARTICLE I. IN GENERAL Sec. 22 -1. Litter. (a) It shall be unlawful for any person to throw or discard from any automobile or vehicle, or otherwise to discard, throw or deposit any refuse, rubbish, trash, paper, bottles, cans, boxes or other containers, or any other thing or substance what- ever, on a street, road or highway in the town or on the property adjoining such street, road or highway. (b) It shall be unlawful for any person to throw or discard any filth, dirt, garbage, shells, trash or refuse or other thing in the waters of the Intracoastal Waterway (ICWW), in any canal, or the Atlantic Ocean, or in waters within the town limits or adjacent to the town limits. This section shall apply to residents of the town, visitors or boaters. (c) This section shall not apply to persons or property owners residing in the town when depos- iting trash or rubbish in a proper place for collec- tion. (Code 1978, § 8 -5; Ord. No. 91 -10, § 11 1- 21 -91) State law referent: —Littering, F.S. § 403.413. Sec. 22 -2. Garage sales. (a) Definition. For the purposes of this section, the term "garage sales" shall mean any, sale or offering for sale of personal property by a person, family or other household unit, such personal property having been acquired, possessed and used by the family or household for personal as opposed to business or commercial use, when such sale is to be or is conducted at the present residence of such family or household. "Garage sales" shall include sales commonly referred to as patio sales, driveway sales, yard sales and other such sales. (b) Prohibited. Garage sales are prohibited within the town limits. (Code 1978, § 8 -12) Sec. 22 -3. Unlicensed or abandoned motor vehicles. Any motor vehicle located on private property within the town that is unlicensed or is inopera- § 22 -31 ble or abandoned is hereby declared to be a public nuisance affecting the public peace and safety and is prohibited unless such vehicle is stored inside of a building. (Ord. No. 03 -14, § 1, 4 -8 -04) Sec. 22-4. Obstacles to traffic and parldng. (a) It shall be unlawful for any person to place and/or maintain any obstructions within the pub- lic right -of -way of the town without first being given authority in writing by the town to place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees, walls, fences, traffic triangles, or other obstacles intended to impede traffic or parldng or structures of any kind not previously approved in writing by the town. (b) Any obstacles placed in the town right -of- way in violation of this section may be immedi- ately and summarily removed by the town and shall be removed at the expense of the property owner. (c) Any person found to be in violation of this section shall be subject to the general penalty section of this code or, alternatively, shall be subject to the jurisdiction of the town's code enforcement process. (Ord. No. 04-4, § 1, 10 -8 -04) Editor's note — Ordinance No. 04.4, § 1, adopted October 8, 2004, set out provisions intended for use as § 22 -3. However, such section exists, therefore at the editor's discretion these provisions have been included as 22-4. Secs. 22- 5- 22 -30. Reserved. ARTICLE 11. UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS* Sec. 22 -31. Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any. (1) Conditions in violation of any of the pro- visions in this chapter. *Editor's note — Ordinance No. 04-4, § 2, adopted October 8, 2004, repealed the former Art. II., §§ 22 -31 -2234, and enacted a new Art. II as set out herein. The former Art. II pertained to debris, rubbish, weeds and wild growth and derived from §§ 8- 8(a) --(c), 8 -7 of the 1978 Code. CD22:3 '3 § 22 -31 GULF STREAM CODE (2) Rank vegetational growth that exudes unpleasant or noxious odors, high or rank vegetational growth that may conceal pools of water, trash or filth, or any other de- posits that may be detrimental to health. (3) Brush, weeds or grass that shall be greater than eight inches in height above the ground. (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. (5) Sand, soil or other fill material used in connection with or resulting from construc- tion projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or struc- tures, ruins of any kind or buildings, docks, walls or other structures in a fail- ing or dangerous condition. (8) Any condition which provides harborage for rats, mice, snakes, or other vermin. (9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located. (10) All unnecessary or unauthorized noises and annoying vibrations, including ani- mal noises. (11) All disagreeable or obnoxious odors and stenches, as well as the conditions, sub- stances, or other causes which give rise to the emission or generation of such odors and stenches. (12) The carcasses of animals or fowl not dis- posed of within a reasonable time after death. (13) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, commercial wastes, or other substances. (14) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained. (15) Any accumulation of stagnant water per- mitted or maintained on any lot or piece of ground. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreason- able quantities. (17) Any condition constituting a fire hazard. (18) Any worn -out, scrapped, partially disman- tled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, ma- chinery, metal, wastepaper, rags, glass- ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the ve- hicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or dis- carded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind- blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22 -32. Foundations, structural mem- bers and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the town's building code. CD22:4 (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of three and one -half percent of its span. BUILDINGS AND BUILDING REGULATIONS ARTICLE 1. IN GENERAL Sec. 42.1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others with respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95 -4, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE II. CONSTRUCTION STANDARDS 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 i 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 COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT 111 CHRIS D. WHEELER MURIEL J. ANDERSON STATE OF FLORIDA ) COUNTY OF PALM BEACH ) TOWN OF GULF STREAM ) TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA AFFIDAVIT Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR BEFORE ME THIS DAY PERSONALLY APPEARED Rita L. Taylor, WHO BEING DULY SWORN, DEPOSES AND SAYS THAT THE ACCOMPANYING "STATEMENT OF REPEAT VIOLATION AND NOTICE OF HEARING" AND THE ACCOMPANYING "STATEMENT OF VIOLATION AND NOTICE OF HEARING" HAVE BOTH BEEN POSTED ON THE NOTICE BOARD AT THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA AND HAVE ALSO BEEN POSTED ON THE FRONT LAWN AT 2775 AVENUE AU SOLEIL, GULF STREAM, FLORIDA, THAT BEING THE PROPERTY OWNED BY MR. LAVOIE. FURTHER AFFIANT SAYETH NOT. (Signature) SWORN TO AND SUBSCRIBED BEFORE ME THIS 1st DAY OF April, 2009. MY COMMISSION EXPIRES: 100 SEA ROAD, GULF STREAM, FLORIDA 33483 1 < &r §$ ! coo } §5 |, ;§! 22! §/§ �L= 2 ®� 2 I °° $M§ ~ CO E[> R$ §7S , ¥ _ (oo= / §[)\ k� \ \ 0\§\\ w � §( § !60 - F$)j) `§ 0■_ E »E °° / ])E3\ z§§§ k @5268 »,I@ LLI ��� ®= me 0) 0 U/ �° » oEE _ ■ - :3 ) \ /UJG 53 w&$ \ (§\\\ _ 0 � Lu § - *GME2 3:0 < _ )� i;5 / LLI } , § j222/ y2Me L § /§ \[ 2 LL L z LU ,) Lu E §� d -» c \ } } \ E[»§LL/ } _ § w 2 °°! %N� e ƒ o 2 ® k ` +2 Z =)U) 2 �§ (© § § (\E) c »` R§ n § u )§§ ,0 o S� § 2§\£; \§ § j§@ z j z k 0* \ a § F- 66=\ §)5± \ = - § - _ ]) i § § :g k \ § \ § §§$) � @ 7 2b\ [/ ~ 0E® e }b[ i / § ) j §cw �o ! =(F= -W «W0 co 0 R g { � cq �3�)zK» 2� § aW /!2m@ @ ° 7 uj < m0C-)z § §) a 2 ) [//]2\\ § 2 > ƒ2 \ ® (})§\m/ �J o! ! ®< Of ` w F— § ( D LU wU)8 / §+$ k 4 §m �� D [ § /w] �< 2� | E !m �co §\§kw)( Mn VC) \ \§\M\ a 0 ( B2F- \ <m ~ k\ LU \ \�(E /3 § 7 2£ §i§£ )®/ kR8[;R )K ( o § 2/§¥ƒ $� a d zH z �. oz wZ mw w 27 ¢z z w n 0� 2 w w 0 J 2 LL' m tD ❑® O 0 2 N 0 2 2 IL W W Z p R a- m a m J i p W V) U) 0 0 cQi V-i m C m m O z ❑ ❑❑ W a O 3 W 2 O Z FQ H d ul m > I. ,-UI W U Q: 4. 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ON >� CU 0 >�> ❑ 2 0¢ 0 r o� w I 1 WISIME CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent. Case No. CE2 -06 Re: Violation of Sections 22 -31, Parag.(4) (17),22-32, Parag. (7),42-26, of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, &4-46-43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF SR 5 & W OF FIND CNL 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 28th day of March, 2006, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, RICHARD LAVOIE, was present at the hearing and there was a finding of proper notice. the violation. The Town Manager, Bill Thrasher, testified to and introduced photographs of CONCLUSIONS OF LAW Respondent is in violation of Sections 22 -31, Parag.(4) (17),22-32, Parag. (7),42-26 of the Code of Ordinances of the Town of Gulf Stream. r -S It is the Order of the Code Enforcement Special Magistrate that Respondent, RICHARD LAVOIE , shall comply with Sections 22 -31, Parag.(4) (17),22-32, Parag. (7),42-26, of the Code of Ordinances of the Town of Gulf Stream by the 11 m day of April, 2006. If Respondents do not comply within the time specified, a fine of 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 the 91h day of May, 2006, at 10:00 a.m. at the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida. 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 28`h day of March, 2006. TOWN OF GULF STREAM CODE ENFORCEMENT 1 1 BY: Special Magistrate " o T o w n o f G u t 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 3 3 4 8 3 P h o n e ( 5 6 1 ) 2 7 6 - 5 1 1 6 F a x ( 5 6 1 ) 7 3 7 - 0 1 8 8 C O D E E N F O R C E M E N T S P E C I A L M A S T E R T O W N O F G U L F S T R E A M , F L O R I D A C A S E : C E 1 2 - 0 6 M a r c h 9 , " 2 0 0 6 S T A T E M E N T O F V I O L A T I O N A N D N O T I C E O F H E A R I N G P u r s u a n t t o S e c t i o n 2 - 7 5 o f t h e T o w n 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 , t h e u n d e r s i g n e d h e r b y g i v e s n o t i c e o f u n c o r r e c t e d v i o l a t i o n ( s ) o f t h e T o w n o f G u l f S t r e a m C o d e ( s ) a n d m o r e p a r t i c u l a r d e s c r i b e d h e r e i n , a n d r e q u e s t s a P U B L I C H E A R I N G b e f o r e t h e C O D E E N F O E C E M E N T S P E C I A L M A S T E R o f t h e T o w n . 1 . L o c a t i o n / A d d r e s s w h e r e v i o l a t i o n ( s ) e x i s t ( s ) : 2 7 7 5 A v e n u e A u S o l e i l , G u l f S t r e a m , F l o r i d a 2 . L e g a l D e s c r i p t i o n : P l a c e A u S o l e i l . L t . 9 3 , & 4 - 4 6 - 4 3 , E l y 1 1 0 f t . o f W l y 2 7 2 . 5 8 f t . o f " O 3 . N a m e a n d a d d r e s s o f o w n e r / p e r s o n i n c h a r g e w h e r e v i o l a t i o n ( s ) e x i s t ( s ) : R i c h a r d P . L a v o i e 2 7 7 5 A v e n u e A u S o l e i l G u l f S t r e a m . F l o r i d a 3 3 4 8 3 4 . V i o l a t i o n o f T o w n C o d e S e c t i o n ( s ) a n d d e s c r i p t i o n ( s ) : O r d . 0 4 / 4 , A r t i c l e T T , g e r 9 9 - 3 1 , P a r a g . ( 4 & ( 1 7 ) D e a d : t r e e s : . s t a n d i n g . & ' o n g r o u n d c o n s t i t u t i n g a f i r e h a z a r d ; . O r d . 0 4 / 4 , A r t i c l e I I , S e c . 3 3 - 3 2 , . P a r a g . ( 7 ) S c r e e n e n c l o s u r e r e m a i n s s c a t t e r e d a b o u t ; S e c _ 4 2 . 2 6 a d o p t i n g S t a t e g , a e r e n c e - a . g . a S e c . R e s i t i a S w i n u r n g B a r r i e r R e q u i r e d , p o o l s c r e e n e n c l o s u r e c o l l a p s e d f r o m h u r r i c a n e a n d p o o l n o l o n g e r l a c e . ( S E E A T T A C H E D ` E X H I B I T O F V I O L A T I O N S - ) 2 n d 3 r d 4 t h 5 t h 5 . D a t e o f f i r s t i n s p e c t i o n : 1 2 - 5 - 0 5 , 1 - 2 4 - 0 6 , 2 - 1 4 - 0 6 , 3 - 3 - 0 6 , 3 - 7 - 0 6 6 . D a t e o w n e r f i r s t n o t i f i e d o f v i o l a t i o n ( s ) : 1 - 2 4 - 0 6 7 . D a t e o n / b y , w h i c h v i o l a t i o n s a r e t o b e c o r r e c t e d : 2 - 2 5 - 0 6 * * * * * * * * * * * * * * * * * * * * r * * * * * * * * * * * * I M P O R T A N T N O T I C E * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * U n l e s s t h e v i o l a t o r c o r r e c t s t h e v i o l a t i o n ( s ) d e s c r i b e d h e r e i n b y t h e d a t e s e t f o r t h a b o v e A N D C O N T A C T S T H E U N D E R S I G N E D C O D E I N S P E C T O R A T ( 5 6 1 ) 2 7 6 - 5 1 1 6 t o v e r i f y C O M P L I A N C E w i t h t h e T o w n C o d e ( s ) c i t e d h e r e i n , N O T I C E I S H E R E B Y G I V E N T H A T A P U B L I C H E A R I N G W I L L B E C O N D U C T E D f o r t h e a b o v e r e f e r e n c e d p r o p e r t y b e f o r e t h e 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 S p e c i a l m a s t e r o n 3 - 2 8 - 0 6 a t 1 0 A . M . o r a s s o o n t h e r e a f t e r a s t h e c a s e c a n b e h e a r d i n t h e T o w n H a l l C o m m i s s i o n C h a m b e r s l o c a t e d a t 1 0 0 S e a R o a d , G u l f S t r e a m , F L . Y O U A R E R E Q U I R E D T O A P P E A R B E F O R E T H E S P E C I A L M A S T E R a t t h a t t i m e t o a n s w e r a l l e g a t i o n s t h a t y o u h a v e v i o l a t e d t h e a b o v e c i t e d s e c t i o n s o f t h e C o d e , o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m . I F Y O U F A I L T O A T T E N D , t h e S p e c i a l M a s t e r m a y b a s e h i s / h e r f i n d i n g s o l e l y u p o n p r e s e n t a t i o n b y t h e T o w n C o d e I n s p e c t o r . W i l l i a m H . T h r a s h e r , T o w n M a n a g e r CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent, Case No. CE 2 -05 Re: Violation of Section 22 -31 (4), of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 Avenue Au Soleil Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46-43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF The Special Master appointed by the Town Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 25th day of April, 2005, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, RICHARD LAVOIE, was present at the hearing and there was a finding of proper notice. 2. The Town Manager testified to and introduced photographs of the violation. CONCLUSIONS OF LAW Respondent complied with Section 22 -31 (4), of the Code of Ordinances of the Town of Gulf Stream on April 15, 2005, but was in violation until that time. It is the Order of the Code Enforcement Special Master that Respondent, RICHARD LAVOIE , shall continue to comply with Section 22 -31 (4), of the Code of Ordinances of the Town of Gulf Stream. DONE AND ORDERED this 25`s day of April, 2005. TOWN OF GULF STREAM CODE F,I,IFORCEMENT x Special Master r• Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone (561) 276 -5116 Fax (561) 737 -0188 CODE ENFORCEMENT SPECIAL MASTER TOWN OF GULF STREAM, FLORIDA CASE: CE 2 -05 March 21, ,2.,005 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned herby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) and more particular described herein, and requests a PUBLIC HEARING before the CODE ENFOECEMENT SPECIAL MASTER of the Town. 1. Location/Address where violation(s) exist(s)�775 Ave. Au Soleil, Gulf Stream, FL 33483 2. Legal Description:_ Lot 93, Place Au Soleil & 4 -46 -43 Ely 110' of Wly 272.58 of Sly 70' of N 100' of SE Jk E of 3. Name and address of owner /person in charge where violation(s) exist(s): Richard P. Lavoie, 2775 Avenue Au Soleil, Gulf Stream, FL 33483 4. Violation of Town Code Section(s) and description(s): The entire lawn has deteriorated to the extent that it is in need of replacement. This condition is in violation of Ordinance No. 04/4, Article II, Section 22- 31(4). (SEE ATTACHED "EXHIBIT OF VIOLATIONS ") 5. Date of first inspection: nctober 17 9004 & December 99. 9004& Marrb 9, 2005 6. Date owner first notified of violation(s): October 12, 2004 & December 28 2004 7. Date on/by, which violations are to be corrected:_ NnvambPr 11 2004 & January 98 , 2005 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT (561) 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of Gulf Stream Code Enforcement Special master on3- 31 -05at 10 A.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chambers located at 100 Sea Road, Gulf Stream, FL. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his/her finding solely upon presentation by the Town Code Inspector. &AC,40� William H. Thrasher, Town Manager Town of Gulf Stream 1+ YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE March 9 9 0 9005THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECURS, THE CASE MAY BE PRESENTED TO THE SPERCIAL MASTER EVEN IF THE VIOLATION (S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE VIOLATION. If the Special Master finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, 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 Master, FINES WILL BE IMPOSED BY THE SPECIAL MASTER. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Master, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 (thirty) DAYS after the Special Master's Order is entered. If you wish to have the Special Master RECONSIDER your case for any reason or if your case was in fine and now complied and you wish to request a REDUCTION IN FINE an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Master with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is based. (FS286.0105) PLEASE GOVERN YOURSELF ACCORDINGLY By: Rita Taylor, T n Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING REPEAT VIOLATION TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent. Case No. 3 -05 Re: Violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF The Special Master appointed by the Town Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 201h day of September, 2005, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: hearing. FINDINGS OF FACT The Respondent, RICHARD LAVOIE , was present and testified at the 2. There was a finding of proper notice. 2. The Town Manager, Bill Thrasher, testified to and produced photographs of the violation. CONCLUSIONS OF LAW Respondent is in repeat violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Master that a fine of two- hundred- fifty- dollars ($250.00) a day shall be assessed beginning September 7, 2005, in accordance with the above listed Code Sections of the Code of Ordinances of the Town of Gulf Stream for each day the violation continues to exist. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount 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 20`h day of September, 2005. TOWN OF GULF STREAM CODE ENFORCEMENT BY: 1peeiaal Masher i Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone (561) 276 -5116 Fax(561)737 -0188 CODE ENFORCEMENT SPECIAL MASTER TOWN OF GULF STREAM, FLORIDA CASE: CE_ 3_05 Sep_t� 2005 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned herby gives t notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) and more particular described herein, and requests a PUBLIC HEARING before the CODE ENFOECEMENT SPECIAL MASTER of the Town. 1. Location /Address where violation(s) exist(s): 2775 Ave. Au Soleil, Gulf Stream, FL 33483 2. Legal Description: Lot 93. P1ara e„ c.,1..1 r i. i.e , Jay iu- or n IN' of SE kE of - 3. Name and address of owner /person in charge where violation(s) exist(s): Richard P. Lavoie, 2775 Avenue Au Soleil, Gulf 4. Violation of Town Code Section(s) and description(s): 'rh; s is are Dfc" hP"l. _on that was Aed CE 9c05. The entire lawn has deteriorated to the ext-enr that it is in need of replacement. This Condition is in violation of Ordinance No. 04/4, Article II, Section 22- 31(4). (SEE ATTACHED "EXHIBIT OF VIOLA 5. Date of first inspection: 8 -3 -05 again on 8 -17 -05 6. Date owner first notified of violation(,): - Sign- otLltrfzpQrY� OS & Certif. Letter 8 -17 -05 7. Date on/by, which violations are to be corrected. 9 -1 -05 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT (561) 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of Gulf Stream Code Enforcement Special master on 99 -20-05 at 10 A.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chambers located at 100 Sea Road, Gulf Stream, FL. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his/her finding solely upon presentation by the Town Code Inspector. r 1 ld-L-o CL�, William H. Thrasher, Town Manager Town of Gulf Stream .;\a J. Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE 9-15-05 -, 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 RECURS, THE CASE MAY BE PRESENTED TO THE SPECIAL MASTER EVEN IF THE VIOLATION (S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE VIOLATION. If the Special Master finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, 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 Master, FINES WILL BE IMPOSED BY THE SPECIAL MASTER. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Master, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 (thirty) DAYS after the Special Master's Order is entered. If you wish to have the Special Master RECONSIDER your case for any reason or if your case was in fine and now complied and you wish to request a REDUCTION IN FINE an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Master with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is based. (FS286.0105) PLEASE GOVERN YOURSELF ACCORDINGLY J -, By: Rita Taylor, own Clerk Town of Gu f Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent. Case No. CE05 -06 Re: Violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF 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 l ls' day of July, 2006, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, RICHARD LAVOIE , was present and testified at the hearing. 2. There was a finding of proper notice. 3. The Town Manager, Bill Thrasher, testified to and introduced photographs of the violation. CONCLUSIONS OF LAW Respondent is in repeat violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that a fine of ten - dollars (S 10.00) per day shall be assessed beginning July 1, 2006, in accordance with the above listed Code Sections of the Code of Ordinances of the Town of Gulf Stream for each day the violation continues to exist. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 11 `h day of July, 2006. TOWN OF GULF STREAM CODE ENFORCEMENT BY: 141j"' -,a Special Magistrate Town of Gult' Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Phone (561)276 -5116 Zoning Department Phone (561) 737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 115 -06 July 1, 2006 STATEMENT OF REPEAT 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 repeat 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 repeat violation(s) exist(s): 2775 Ave. Au Soleil Gulf Stream, FL 3348. 2. Legal Description: Lot 93 Place Au Soleil 4 -46 -43 E1 110'of Wl 2 2.58' of Sly 70' of N 100' of SE w E of 3. Name and address of owner /person in charge where repeat violation(s) exist(s): Richard P. Lavoie, 2775 Avenue Au Soleil, Gulf Stream, Florida 33483 4. Repeat Violation of Town Code Section(s) and description(s): Qrdinance 04/4, Article II, Section 22- 31(4). lawn has deteriorated to the exten4- hat it is in need of and fotmd in canpliance on September 23, 2005. ected (SEE ATTACHED "EXHIBITS OF REPEAT VIOLATION") 5. Date of First Inspection: June 29 2006 6. Date owner first notified of repeat violation(s): Jane 29, 2006 (verbal) * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** 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 lu yL_1l 2006 at 11:30 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 WL..- �� William H. Thrasher, Town Manager Town of Gulf Stream Palm Beach County Property Appraiser Property Search System Page I of 1 Location Address: 2775 AVENUE AU SOLEIL VI Municipality: GULF STREAM Calculate Parcel Control Number: 20- 43- 46- 04 -22- 000 -0930 L.&MORY J Subdivision: PLACE AU SOLIEL Proposed G .._ Official Records Book: 16048 Page: 252 Sale Date: Jun -2003 Reverse Side Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF vwner anrormaElO Name: LAVOIE RICHARD P Mailing Address: 2775 AVENUE AU SOLEIL GULFSTREAM FL 33483 6133 males inrormarion Sales Date Book /Page Price Sale Type Owner Jun -2003 16048/0252 $0 REP DEED LAVOIE RICHARD P Nov -1980 0381810158 $100 QUIT CLAIM LA VOIE GILDA M EST & one:n Ipuu n� Regular Homestead: $25,000 Year of Exemption: 2008 Additional Homestead: $25,000 Total: $50,000 Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 2006 457 890 Tax Year: 2008 2007 25 000 2006 Property Information Improvement Value: 135 890 196 67 '122216 Number of Units: 1 Land Value: 322 000 460 05 56$460!000 *Total Square Feet: 2719 Total Market Value: $457,8901 $658,6761 $658,676 Acres: 0.50 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 2006 457 890 658 676 658 676 50 000 25 000 0 $407,8901 633 676 $658,676 2008 2007 1 2006 $6&j $10,10:1 11 70 ZS 156 12 122 $7,002J 10 53 $11,830 Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File ->Page Setup menu option in the browser to print the detail an one page. http: / /www.co.palm- beach. fl. us / papa /aspx /web /detail_info.aspx ?p_ entity= 2043460422000... 3/20/2009 'T'_ q CASE NUMBER 1 -09 (Repeat Violation(s) — 2) Violations land 2: Present Notice, Date of Inspection/Discovery: 3/17/09 (Officer Ginsberg) ** 3 days later on 3/20/09 a Notice of Repeat violations prepared. UNABLE TO CONTACT THE OWNER On 3/21/09 a notice by Certified Mail was initiated with attempts to deliver the notice on 3/23/09, 3/28/09 and 4/07/09. Noticed Returned to the Town as undeliverable, signed as received by Rita Taylor on 4/9/09 ** (Notice Placed on the property 4/1/09; Discovered Missing 4/2/09) Affidavit READ ** The Statement Of Repeat Violations and Notice Of Hearing was delivered to, and accepted by Richard P. Lavoie on 4/2/09 at 1925 hours by Officer William Kluth. ** Present documents for prove of previous findings. ** If it is determine that the Town of Gulf Stream roperl and ectly noticed Mr. LaVoie, the Town would like to reserve the opportunity t ask Mr. Lavoie questions. On various occasion and specifically On December 20, 2005 I spoke with you by phone using the telephone number 508- 879 -1548. This is the number you provided to me. Is this still a telephone number where you can be reached in the future? On March 17 and 18 of this year I placed a message on the recorder at that telephone number, did you get the message or were told of the message by another party? Upon your return to your residence at 2775 AAS, did you subsequently observe a notice of violation sign placed in your front yard? Did you remove the notice? Do you live full time in Gulf Stream at this address? Because you do not live full time at this address, do you feel or believe that you are relieved or exonerated from the responsibility of upkeep and care of the property at 2775 AAS? Approximately how much money have you already paid to Town for fines assessed for previous code violation? �iaZy cos�a► 7�t,c.0 NUISANCES ARTICLE I. IN GENERAL Sec. 22 -1. Litter. (a) It shall be unlawful for any person to throw or discard from any automobile or vehicle, or otherwise to discard, throw or deposit any refuse, rubbish, trash, paper, bottles, cans, boxes or other containers, or any other thing or substance what- ever, on a street, road or highway in the town or on the property adjoining such street, road or highway. (b) It shall be unlawful for any person to throw or discard any filth, dirt, garbage, shells, trash or refuse or other thing in the waters of the Intracoastal Waterway (ICWW), in any canal, or the Atlantic Ocean, or in waters within the town limits or adjacent to the tow n limits. This section shall apply to residents of the town, visitors or boaters. (c) This section shall not apply to persons or property owners residing in the town when depos- iting trash or rubbish in a proper place for collec- tion. (Code 1978, § 8 -5; Ord. No. 91 -10, § 1, 1- 21 -91) State law reference — Littering, F.S. § 403.413. Sec. 22 -2. Garage sales. (a) Definition. For the purposes of this section, the term "garage sales" shall mean any sale or offering for sale of personal property by a person, family or other household unit, such personal property having been acquired, possessed and used by the family or household for personal as opposed to business or commercial use, when such sale is to be or is conducted at the present residence of such family or household. "Garage sales" shall include sales commonly referred to as patio sales, driveway sales, yard sales and other such sales. (b) Prohibited. Garage sales are prohibited within the town limits. (Code 1978, § 8 -12) Sec. 22 -3. Unlicensed or abandoned motor vehicles. Any motor vehicle located on private property within the town that is unlicensed or is inopera- § 22.31 ble or abandoned is hereby declared to be a public nuisance affecting the public peace and safety and is prohibited unless such vehicle is stored inside of a building. (Ord. No. 03 -14, § 1, 4 -8 -04) Sec. 22 -4. Obstacles to traffic and parking. (a) It shall be unlawful for any person to place and/or maintain any obstructions within the pub- lic right -of -way of the town without first being given authority in writing by the town to place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees, walls, fences, traffic triangles, or other obstacles intended to impede traffic or parldng or structures of any kind not previously approved in writing by the town. (b) Any obstacles placed in the town right -of- way in violation of this section may be immedi- ately and summarily removed by the town and shall be removed at the expense of the property owner. (c) Any person found to be in violation of this section shall be subject to the general penalty section of this code or, alternatively, shall be subject to the jurisdiction of the town's code enforcement process. (Ord. No. 04 -4, § 1, 10 -8 -04) Editor's note — Ordinance No. 04-4, § 1, adopted October 8, 2004, set out provisions intended for use as § 22 -3. However, such section Busts, therefore at the editor's discretion these provisions have been included as 224. Secs. 22- 5- 22 -30. Reserved. ARTICLE I1. UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS* Sec. 22 -31. Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: (1) Conditions in violation of any of the pro- visions in this chapter. *Editor's note — Ordinance No. 04 -4, § 2, adapted October 8, 2004, repealed the former Art. IL, §§ 22- 31- 22 -34, and enacted a new Art. H as set out herein. The former Art. 11 pertained to debris, rubbish, weeds and wild growth and derived from §§ 8- 8(a) —(c), 8 -7 of the 1978 Code. CD22:3 § 22 -31 GULF STREAM CODE (2) Rank vegetational growth that exudes unpleasant or noxious odors, high or rank vegetational growth that may conceal pools of water, trash or filth, or any other de- posits that may be detrimental to health. (3) Brush, weeds or grass that shall be greater than eight inches in height above the ground. (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. (5) Sand, soil or other fill material used in connection with or resulting from construc- tion projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or struc- tures, ruins of any kind or buildings, docks, walls or other structures in a fail- ing or dangerous condition. (8) Any condition which provides harborage for rats, mice, snakes, or other vermin. (9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located. (10) All unnecessary or unauthorized noises and annoying vibrations, including ani- mal noises. (11) All disagreeable or obnoxious odors and stenches, as well as the conditions, sub- stances, or other causes which give rise to the emission or generation of such odors and stenches. (12) The carcasses of animals or fowl not dis- posed of within a reasonable time after death. (13) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, commercial wastes, or other substances. (14) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained. (15) Any accumulation of stagnant water per- mitted or maintained on any lot or piece of ground. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreason- able quantities. (17) Any condition constituting a fire hazard (18) Any worn -out, scrapped, partially disman- tled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, ma- chinery, metal, wastepaper, rags, glass- ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the ve- hicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or dis- carded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind- blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22 -32. Foundations, structural mem- bers and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of three and one -half percent of its span. CD22:4 I* ORDINANCE NO. o6 m 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 t:taetermagistrate; term. (a) There is hereby established a special who shall be designated by the town commission. (b) The special wastermagistrate shall be appointed for a tens of two years and shall be appointed to serve in an ex- officio gapilrity if the special magistrate serves other local govemm nts as a special magistrate Such service to other to al oovernm nts does not create duties ingga ist nt with serving gg_kgtQi ift to the Town of Qutf Stream. (c) The special n;a6tefM29jctrp.W shall be an attorney and a member of the Florida Bar. (d) The special raaeterm i r shall serve at the plea -sure of the town commission. (e) The special a �astermagistrate 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 raasterma istra e; all hearings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special taasterma i r .a 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 i r 1 (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 Lg r and request a hearing. The special w-q&teFMg_q:i§Lr& 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 is r 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 ma6termagistrate even if the violation has been corrected prior to the special mastecmASistrate 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 rnastecmagistrate and request a hearing. The special masterma is r e shall schedule a hearing and shall provide notice pursuant to section 2 -75. The case may be presented to Sec. 2-68. Jurisdiction. (a) The special A;aGt6qn9-q:igtrp.W 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 a i 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 mas4ermagistrate 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 Lg r and request a hearing. The special w-q&teFMg_q:i§Lr& 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 is r 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 ma6termagistrate even if the violation has been corrected prior to the special mastecmASistrate 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 rnastecmagistrate and request a hearing. The special masterma is r e shall schedule a hearing and shall provide notice pursuant to section 2 -75. The case may be presented to J • J the special raasterrm i r&W 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 t r 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 idr . A repeat violation is a violation of a provision of a code or ordinance by a person whom the special masterrnaoi trot 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 MastefMp&iLtr 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. special m e who is testifying before him/hrg. The' respondent, inquire orr his attomey and the town attorney and his /her designee shall be permitted to inquire of any witness before the special caaeterma i tr a+asternaeistrate 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 a is r 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 specked date and that a fine, as well as the cost of repairs, may be imposed i( 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. The special rrrasterma i r e 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 masterrnagis r upon notification by the code inspector that an order of the special mastermaol "rat 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 rr astermaoistrate 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 masierma is r . In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special Ma&te91lBa1jj= shall notify the local 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 raasterME is ME! finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specked 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 FRBE!e Me-gistrat finds the violation to be irreparable or irreversible in nature, 4 may impose a fine not to exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the special 111asierMMWLIPLe shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and " " �%J ( 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 . i n t h e p 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 o r d e r e a f t e r s h a l l o i m p o s i n g 8 f i n e M a y 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 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 . 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 ' s f e e , t h a t i t i n c u r s i n t h e f o r e c l o s u r e s . T h e t o w n s h a l l b e e n t i t l e d t o c o l l e c t a l l c o s t s i n c u r r e d i n r e c o r d i n g a n d s a t i s f y i n g a v a l i d l i e n . T h e c o n t i n u a t i o n o f t h e l i e n e f f e c t e d b y t h e c o m m e n c e m e n t o f t h e a c t i o n s h a l l n o t b e g o o d a g a i n s t c r e d i t o r s o r s u b s e q u e n t p u r c h a s e r s f o r v a l u a b l e c o n s i d e r a t i o n w i t h o u t n o t i c e , u n l e s s a n o t i c e o f I t s p e n d e n s i s r e c o r d e d . S e c . 2 - 7 4 . A p p e a l s . A n a g g r i e v e d p a r t y , i n c l u d i n g t h e t o w n , m a y a p p e a l a f i n a l a d m i n i s t r a t i v e o r d e r o f t h e s p e c i a l 1 3 4 a s t e r m a i r t o t h e c i r c u i t c o u r t o f P a l m B e a c h C o u n t y , F l o r i d a . S u c h a n a p p e a l s h a l l n o t b e a h e a r i n g d e n o v a , b u t s h a l l b e l i m i t e d t o a p p e l l a t e r e v i e w o f t h e r e c o r d c r e a t e d b e f o r e t h e s p e c i a l a i s r . T h e a p p e a l s h a l l b e f i l e d w i t h i n 3 0 d a y s o f t h e e x e c u t i o n o f t h e o r d e r t o b e a p p e a l e d . S e c . 2 - 7 5 . N o t i c e s . ( a ) A l l n o t i c e s r e q u i r e d b y t h i s s e c t i o n s h a l l b e p r o v i d e d t o t h e a l l e g e d v i o l a t o r b y c e r t i f i e d m a i l , r e t u r n r e c e i p t r e q u e s t e d ; b y h a n d d e l i v e r y b y t h e s h e r i f f o r o t h e r l a w e n f o r c e m e n t o f f i c e r , c o d e i n s p e c t o r , o r o t h e r P e r s o n d e s i g n a t e d b y t h e l o c a l g o v e r n i n g b o d y ; o r b y l e a v i n g t h e n o t i c e a t t h e v i o l a t o r ' s u s u a l p l a c e o f r e s i d e n c e w i t h a n y p e r s o n r e s i d i n g t h e r e i n w h o i s a b o v e 1 5 y e a r s o f a g e a n d i n f o r m i n g s u c h p e r s o n o f t h e c o n t e n t s o f t h e n o t i c e . ( b ) I n a d d i t i o n t o p r o v i d i n g n o t i c e a s s e t f o r t h i n t h i s s e c t i o n , a t t h e o p t i o n o f t h e s p e c i a l r a a s f e r m a c i s t r a t e , n o t i c e m a y a l s o b e s e r v e d b y P u b l i c a t i o n o r p o s t i n g , a s f o l l o w s : ( 1 ) S u c h n o t i c e s h a l l b e p u b l i s h e d o n c e d u r i n g e a c h w e e k f o r f o u r c o n s e c u t i v e w e e k s ( f o u r p u b l i c a t i o n s b e i n g s u f f i c i e n t ) i n a n e w s p a p e r o f g e n e r a l c i r c u l a t i o n i n P a l m B e a c h C o u n t y , . '.•, 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 he reduced; conditions and criteria therefor. (a) The owner of real property against which a fine er fier as been . imposed pursuant to section 2 -72 may apply to the special raastermao� —i`t a.>&, through the town attomey or hiller designee, for a satisfaction of the fine OF lief with less than full payment thereof. No such application shall be considered by the special :m r 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 mastermacistrate with less than full payment thereof, unless the special = is r 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 rmasterm i� r shall be paid on such terms as approved by the special R;astermacistrate. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, " " _ J t h e s p e c i a l a > a s t e r r n . 2 g i 1 L r g . t 1 m a y r e d u c e s u c h f i n e e v e n i f t h e v i o l a t i o n h a s n o t b e e n c o r r e c t e d . S e c . 2 - 7 7 , p r o v i s i o n s s u p p l e m e n t a l a n d c u m u l a t i v e . N o t h i n g c o n t a i n e d i n t h i s d i v i s i o n s h a l l i n a n y w a y b a r o r p r o h i b i t t h e m a i n t e n a n c e o f a s u i t a t l a w o r i n e q u i t y b y t h e t o w n t o e n j o i n o r c o r r e c t a n y v i o l a t i o n o f t h e o r d i n a n c e s o f t h e t o w n , n o r t o b a r o r p r o h i b i t t h e t o w n f r o m f i l i n g c h a r g e s a g a i n s t a n y p e r s o n , f i r m o r c o r p o r a t i o n v i o l a t i n g a n y t o w n o r d i n a n c e a s p r o v i d e d b y e x i s t i n g l a w s . T h i s d i v i s i o n s h a l l b e c o n s t r u e d t o b e s u p p l e m e n t a l a n d c u m u l a t i v e w i t h a n y a n d a l l o t h e r r e m e d i e s a v a i l a b l e t o t h e t o w n a n d n o t e x c l u s i v e . S e c . 2 - 7 8 . A l t e r n a t i v e c o d e e n f o r c e m e n t p r o c e d u r e s . T h e t o w n m a y e m p l o y o t h e r m e t h o d s o f c o d e e n f o r c e m e n t i n c l u d i n g , b u t n o t l i m i t e d t o , t h e i s s u a n c e o f a n o t i c e t o a p p e a r i n c o u n t y c o u r t o r a r r e s t f o r v i o l a t i o n o f m u n i c i p a l o r d i n a n c e s a s p r o v i d e d f o r i n F . S . c h . 9 0 1 . U n l e s s o t h e r w i s e s p e c i f i c a l l y a u t h o r i z e d a n d p r o v i d e d f o r b y l a w , a p e r s o n c o n v i c t e d o f v i o l a t i n g a m u n i c i p a l o r d i n a n c e m a y b e s e n t e n c e d t o p a y a f i n e n o t t o e x c e e d $ 5 0 0 . 0 0 , a n d m a y b e s e n t e n c e d t o a d e f i n i t e t e r m o f i m p r i s o n m e n t n o t t o e x c e e d 6 0 d a y s , i n a m u n i c i p a l d e t e n t i o n f a c i l i t y o r o t h e r f a c i l i t y a s a u t h o r i z e d b y l a w . " S e c t i o n 2 S e v e r a b i l i t y . I f a n y p r o v i s i o n o f t h i s O r d i n a n c e o r t h e a p p l i c a t i o n t h e r e o f i s h e l d i n v a l i d , s u c h i n v a l i d i t y s h a l l n o t a f f e c t t h e o t h e r p r o v i s i o n s o r a p p l i c a t i o n s o f t h i s O r d i n a n c e w h i c h c a n b e g i v e n e f f e c t w i t h o u t t h e i n v a l i d p r o v i s i o n s o r a p p l i c a t i o n s , a n d t o t h i s e n d t h e P r o v i s i o n s o f t h i s O r d i n a n c e a r e h e r e b y d e c l a r e d s e v e r a b l e . S e c t i o n 3 . R e p e a l o f O r d i n a n c e s i n C o n f l i c t . A l l o t h e r o r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m , F l o r i d a , o r p a r t s t h e r e o f w h i c h c o n f l i c t w i t h t h i s o r a n y p a r t o f t h i s O r d i n a n c e a r e h e r e b y r e p e a l e d . S e c t i o n 4 . C o d i f i c a t i o n , T h i s O r d i n a n c e s h a l l b e c o d i f i e d a n d m a d e a p a r t o f t h e o f f i c i a l C o d e o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m . S e c t i o n 5 . E f f e c t i v e D a t e . T h i s O r d i n a n c e s h a l l t a k e e f f e c t i m m e d i a t e l y u p o n i t s p a s s a g e a n d a p p r o v a l , a s P r o v i d e d b y l a w . 7 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. j ATT T: Clerk N:V CR\13147-01%OM Chspler 2 CWE EKDOC Commis sioner�_ Corrmmissione, r wi Commissione 14 As CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, APRIL 16, 2009 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. REPEAT VIOLATION -Case No. CE 1 -09: Richard Lavoie, 2775 Avenue Au Soleil; Deteriorating and unsightly lawn in violation of Section 22 -31(4) of the Gulf Stream Code of Ordinances and Swimming-Pool mot properly 'screened in violation of Section 42 -26 of the Gulf Stream Code of Ordinances adopting State Bldg. Code by reference Section R4104.17 (temporary barrier collapsed) III. Case No. CE 2 -09: Richard Lavoie, 2775 Avenue Au Soleil; Stagnant water in swimming pool in violation of Article II, Section 22 -31, Paragraph (15) of the Gulf Stream Code of Ordinances. 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 NUISANCES ARTICLE I. IN GENERAL Sec. 22 -1. Litter. (a) It shall be unlawful for any person to throw or discard from any automobile or vehicle, or otherwise to discard, throw or deposit any refuse, rubbish, trash, paper, bottles, cans, boxes or other containers, or any other thing or substance what- ever, on a street, road or highway in the town or on the property adjoining such street, road or highway. (b) It shall be unlawful for any person to throw or discard any filth, dirt, garbage, shells, trash or refuse or other thing in the waters of the Intracoastal Waterway (ICWW), in any canal, or the Atlantic Ocean, or in waters within the town limits or adjacent to the town limits. This section shall apply to residents of the town, visitors or boaters. (c) This section shall not apply to persons or property owners residing in the town when depos- iting trash or rubbish in a proper place for collec- tion. (Code 1978, § 8 -5; Ord. No. 91 -10, § 1, 1- 21 -91) State law reference — Littering, F.S. § 403.413. Sec. 22 -2. Garage sales. (a) Definition. For the purposes of this section, the term "garage sales" shall mean any sale or offering for sale of personal property by a person, family or other household unit, such personal property having been acquired, possessed and used by the family or household for personal as opposed to business or commercial use, when such sale is to be or is conducted at the present residence of such family or household. "Garage sales" shall include sales commonly referred to as patio sales, driveway sales, yard sales and other such sales. (b) Prohibited. Garage sales are prohibited within the town limits. (Code 1978, § 8 -12) Sec. 22 -3. Unlicensed or abandoned motor vehicles. Any motor vehicle located on private property within the town that is unlicensed or is inopera- § 22 -31 ble or abandoned is hereby declared to be a public nuisance affecting the public peace and safety and is prohibited unless such vehicle is stored inside of a building. (Ord. No. 03 -14, § 1, 4 -8 -04) Sec. 22-4. Obstacles to traffic and parking. (a) It shall be unlawful for any person to place and/or maintain any obstructions within the pub- lic right -of -way of the town without first being given authority in writing by the town to place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees, walls, fences, traffic triangles, or other obstacles intended to impede traffic or parking or structures of any kind not previously approved in writing by the town. (b) Any obstacles placed in the town right -of- way in violation of this section may be immedi- ately and summarily removed by the town and shall be removed at the expense of the property owner. (c) Any person found to be in violation of this section shall be subject to the general penalty section of this code or, alternatively, shall be subject to the jurisdiction of the town's code enforcement process. (Ord. No. 04-4, § 1, 10 -8 -04) Editor's note — Ordinence No. 04-4, § 1, adopted October 8, 2004, set out provisions intended for use as § 22-3. However, such section exists, therefore at the editor's discretion these provisions have been included as 22-4. Secs. 22- 5- 22 -30. Reserved. ARTICLE H. UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS* Sec. 22 -31. Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: (1) Conditions in violation of any of the pro- visions in this chapter. *Editor's note — Ordinance No. 04.4, § 2, adopted October 8, 2004, repealed the former Art. II., §§ 22- 31- 22-34, end enacted a new Art. II as set out herein. The former ArL II pertained to debris, rubbish, weeds and wild growth and derived from §§ 8.8(a) —(c), 8 -7 of the 1978 Code. CD22:3 § 22 -31 GULF STREAM CODE (2) Rank vegetational growth that exudes (14) Any building, structure, or other place or unpleasant or noxious odors, high or rank location where any activity which is in vegetational growth that may conceal pools violation of local, state, or federal law is of water, trash or filth, or any other de- conducted, performed or maintained. posits that may be detrimental to health. (15) Any accumulation of stagnant water per - (3) Brush, weeds or grass that shall be greater mitted or maintained on any lot or piece of than eight inches in height above the ground. ground. (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. (5) Sand, soil or other fill material used in connection with or resulting from construc- tion projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or struc- tures, ruins of any kind or buildings, docks, walls or other structures in a fail- ing or dangerous condition. (8) Any condition which provides harborage for rats, mice, snakes, or other vermin. (9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreason- able quantities. (17) Any condition constituting a fire hazard. (18) Any worn-out, scrapped, partially disman- tled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, ma- chinery, metal, wastepaper, rags, glass- ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the ve- hicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or dis- carded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind- blown dust or dirt. (20) A seawall or bulkhead which falls into a (10) All unnecessary or unauthorized noises state of disrepair or ruin so as to allow and annoying vibrations, including ani- erosion to land adjacent thereto. mal noises. (Ord. No. 04-4, § 2, 10 -8 -04) (11) All disagreeable or obnoxious odors and stenches, as well as the conditions, sub- stances, or other causes which give rise to the emission or generation of such odors and stenches. (12) The carcasses of animals or fowl not dis- posed of within a reasonable time after death. (13) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, commercial wastes, or other substances. Sec. 22 -32. Foundations, structural mem- bers and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of three and one -half percent of its span. CD22:4 BUILDINGS AND BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 42 -1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others with respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95 -4, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE II. CONSTRUCTION STANDARDS 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 r 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 CHAPTER, 41 SWIMMING POOLS Page 10 of 15 R4101.14.3 Pit drainage. When the heater is installed in a pit, the pit shall be provided with approved drainage facilities. R4101.14.4 Connections. All water heating equipment shall be installed with flanges or union connection adjacent to the heater. R4101.14.5 Relief valve. When water heating equipment which is installed in a closed system has a valve between the appliance and the pool, a pressure relief valve shall be installed on the discharge side of the water heating equipment. For units up to and including 200,000 Btu /hour input, the relief valve shall be rated by the American Gas Association. R4101.15 Gas piping. Gas piping shall comply with the Florida Building Code, Fuel Gas. R4101.16 Electrical. Electrical wiring and equipment shall comply with Chapter 27 of the Florida Building Code. R4101.17 R4101.17 Residential swimming barrier requirement. Residential swimming pools shall comply with Sections R4101.17.1 through R4101.17.3. Exception: A swimming pool with an approved safety pool cover complying with ASTM F 1346. R4101.17.1 Outdoor swimming pools. Outdoor swimming pools shall be provided with a barrier complying with R4101.17.1.1 through R4101.17.1.14 . R4101.17.1.1 The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). R4101.17.1.2 The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier as herein described below. One end of a removable child barrier shall not be removable without the aid of tools. Openings in any barrier shall not allow passage of a 4- inch - diameter (102 mm) sphere. httu: / /infosolutions.com/icce/ gateway .dll /Florida %20Custom /Res2004 FL/305/316/317 ?f =t... 3/8/2006 isms. : ' �i�iut1►[el we711,9 Page I 1 of 15 R4101.17.1.3 Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. R4101.17.1.4 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 11/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1% inches (44 mm) in width. R4101.17.1.5 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 11/4 inches (44 mm) in width. R4101.17.1.6 Ma ximum mesh size for chain link fences shall be a 2'% inch square (57 mm) unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than 1114 inches (44 mm). R4101.17.1.7 Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1114 inches (44 mm). R4101.17.1.8 Access gates, when provided, shall be self - closing and shall comply with the requirements of Sections R4101.17.11 through R4101.17.1.7 and shall be equipped with a self - latching locking device located on the pool side of the gate. Where the device release is located no less than 54 inches (1372 mm) from the bottom of the gate, the device release mechanism may be located on either side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap from the outside. Gates that provide access to the swimming pool must open outward away from the pool. The gates and barrier shall have no opening greater than'' /: inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. R4101.17.1.9 Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. All doors and windows providing direct access from the home to the pool shall be equipped with an exit alarm complying with UL 2017 that has a minimum sound pressure rating of 85 dB A at 10 feet (3048 mm) and is either hardwired or of the plug -in type. The exit alarm shall produce a continuous audible warning when the door and its screen are opened. The alarm shall sound immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. The deactivation switch shall be http: // infosolutions .com /icce /gateway.dll /Florida %20Custom /Res2004_FL /305/316/317 ?f --t... 3/8/2006 CHAPTER 41 SWIMMING POOLS Page 12 of 15 located at least 54 inches (1372 mm) above the threshold of the door. Separate alarms are not required for each door or window if sensors wired to a central alarm sound when contact is broken at any opening. Exceptions : a. Screened or protected windows having a bottom sill height of 48 inches (1219 mm) or more measured from the interior finished floor at the pool access level. b. Windows facing the pool on floor above the first story. C. Screened or protected pass- through kitchen windows 42 inches (1067 mm) or higher with a counter beneath. 2. All doors providing direct access from the home to the pool must be equipped with a self - closing, self - latching device with positive mechanical latching /locking installed a minimum of 54 inches (1372 mm) above the threshold, which is approved by the authority having jurisdiction. R4101.17.1.10 Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of Sections R4101.17.1.1 through R4101.17.1.9 and Sections R4101.17.1.12 through R4101.17.1.14 . When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4- inch - diameter (102 mm) sphere. R4101.17.1.11 Standard screen enclosures which meet the requirements of Section R4101.17 may be utilized as part of or all of the "barrier" and shall be considered a "nondwelling" wall. Removable child barriers shall have one end of the barrier nonremovable without the aid of tools. R4101.17.1.12 The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section. R4101.17.1.13 Removable child barriers must be placed sufficiently away from the water's edge to prevent a young child or medically frail elderly person who may manage to penetrate the barrier from immediately falling into the water. Sufficiently away from the water's edge shall mean no less than 20 inches (508 mm) from the barrier to the water's edge. Dwelling or nondwelling walls including screen enclosures, when used as part or all of the "barrier" and meeting the other barrier requirements, may be as close to the water's edge as permitted by this code. 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