Loading...
HomeMy Public PortalAbout05/14/2009 * Case #CE-2-08 * SununuTOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE OR ON-COMPLIANCE,) (circle one) CASE NO. CE 2 -08 DATE: 5 -14 -09 LOCATION OF VIOLATION: Charles V. Sununu 820 Canary Walk I, William H. Thrasher have personally examined the property described above and (Town Official/Inspector) Sec.22 -31 Find that said property i NOT) 1XW) in compliance with Section(s)(11) &(15) of the Code of the Town of Gulf am as of the 7t-b day of NN z , 20 nq Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 14th day of May 42009 by William H. Thrasher Town Official/Inspector, who is personally known to me or who has produced a Florida driver's license as identification who did /did not take an oath. 01! ,tb RITA L TAYLOR % (SEAL) + , MY COMMISSION YOO494672 EXPIRES: February 21, 2010 NOTAR PUBLIC �?Mn°'`O BOW TIn BudgetNOhry Services State of Florida ; _ X E G» o o� G`«oo o :� G! ;t § M - c ` 0( a� e ® k �m >;om k / § e ° 92 z, /§ a §y 0 ) � C) Cl) ) ! Cl) (!/§ n; m< E z §§ M k m \ C� )) k mz LC 2> G� r E C)! m / ( 22 b m ` \\ m ` \�\ 0 r� m \§ 0 Zm ` ; V k e ° > ca m )m r n \ ( �k { \ b ` 7 2 %/ ./ `\ m ■ m { ; ° -&! z>0 -3! §;7 -» §)) °� & , § T |§; Q3; |22§ 8 §o° 2 mo° e��o 0 \ 90 0 �)� ��� az § § ) §� m £ j ` \� K K f - z § 3 \` 0 o j 2 . m § ` w` `& / § & ; _ �/t -� e2 m C3 m - §?0 O \OE j m oMcnk $} §) § ` 7$ @} m \ X m`0» -k R2 _ 782 = m §� § ~ m �> \ § )§ c « 2E2` ,; z z \ § /E� ( 0\o 0 \o k k§ m)m ❑j 2 § § ? 3 §§ ` )K RETURN RECEIPT Article addressed to: Article No; Charles V. Sununu 820 Canary Walk] 130 Gulf Stream, F� 3 #483_ see Date Delivered Aom nt Signature 0�P_ 0695 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED R. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON May 14, 2009 Charles Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Hand Delivery Article #130 Telephone (561) 276 -5116 Fax (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR We are enclosing an Affidavit of Non - Compliance covering code violations at the above address, cited under Case #CE2 -08. This is a repeat violation for having stagnant water in your swimming pool. At the hearing held on May 7, 2009 you were found in non - compliance on a repeat violation. -You were directed by the Special Magistrate to comply on or before June 7, 2009. Failing to comply within the time specified, a fine of $250.00 per day shall be assessed for each day the violation continues to exist. A Fine Assessment Hearing will on the 9th day of June 2009 at Road, Gulf Stream, Florida. Very truly yours, I Rita L.Ta-ylor Town Clerk Encls. be held before the Special Magistrate 10:00 A.M. in the Town Hall, 100 Sea 100 SETA ROAD, GULF STREAM, FLORIDA 33483 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING REPEAT VIOLATION AND SETTING FINE ASSESSMENT HEARING TOWN OF GULF STREAM, Petitioner, Case No. CE 2 -08 V. CHARLES SUNUNU, Respondent. Re: Violation of Section 22 -31 Paragraph 11 and 15, of the Code of Ordinances of the Town of Gulf Stream. Address: 820 CANARY WAY Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 26 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 70' day of May, 2009, and based on the evidence and testimonypresented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT The Respondent, CHARLES SUNUNU, was present at the hearing and there was a finding of proper notice. 2. The Town Manager, testified to and introduced photographs of the violation. CONCLUSIONS OF LAW Respondent is in repeat violation of Section 22 -31 Paragraph 11 and 15 of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that the Respondent, CHARLES SUNUNU , shall comply with Section 22 -31 Paragraph 11 and 15 of the Code of Ordinances of the Town of Gulf Stream on or before the 7t' day of June, 2009. 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 9s' day of June, 2009, at the Town of Gulf Stream, 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 7s' day of May, 2009. TOWN OF GULF STREAM CODE ORCEMENT BY: Special Magistrate I . i , , MINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, MAY 13, 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 10:04 A.M. The Magistrate administered the Oath to William Thrasher, Town Manager and Charles V. Sununu. The Special Magistrate instructed that the Town would first present their case and then the defendant could present his case with cross - examining to follow, if so desired. REPEAT VIOLATION - Stagnant water in swimming pool in violation of Article II, Section 22- 31 Paragraph (11) and (15) of the Gulf Stream Code of Ordinances. Town Manager Thrasher explained that this is a repeat violation of the original violation cited under CE2 -08. He further explained that a fine was assessed and the violation finally corrected. Mr. Thrasher noted that the fine had not been paid and a lien was filed against the property with interest accumulating. He added that the daily fine of $25.00 per day was discontinued when the violation was corrected but that the interest is still accumulating. Mr. Sununu was surprised, stating that he was unaware of the matter of the interest. At this time he was shown a letter the Town had sent to him advising of this. Mr. Sununu asked for a copy and was assured he would be receiving a copy. Town Manager Thrasher presented the following exhibits: 1) Statement of Repeat Violation and Notice of Hearing; 2) Section 22- 31(11) &15) of the Gulf Stream Code of Ordinances ; 3) Special Magistrates prior Order Assessing Fine on Case No. CEI -06 dated May 9, 2006; 4) Printout from Palm Beach Property Appraiser showing Mr. Sununu as the property owner; 5) Photos of stagnant pool taken on June 14, 2008; 6) Photos of the still stagnant pool taken on April 10, 2009; 7) Signed Return Receipt #127 for hand delivered notice along with Police Incident Report #09 -0659 showing Officer Tim Littieri delivered notice at 1800 firs. on 4 -9 -09. The photos were shown to Mr. Sununu and he acknowledged it is his pool in the photos. Special Magistrate Donlon asked Mr. Sununu to present his comments. Mr. Sununu stated he had been trying to get a settlement from his insurance company for several years to cover hurricane damages. He reported that on January 5, 2009 his attorney and the insurance company came to an agreement which was finalized at the end of February 2009. He further reported that had has been ill ever since that time. Mr. Sununu advised that he had a proposal from a pool company but they had told him they could not repair the pool until the roof was repaired because the roof is so close to the pool. He further advised that the insurance company will send the money directly to the contractor so they will not commence until they receive an advance payment. Mr. Sununu stated that the pipes in the yard are not from the pool but are part of a solar system that was on the roof some time ago. He stated that after he had the pumped replaced it quit running again and he did not have the money to have it repaired, but the Town of Gulf Stream May 7, 2009 Code Enforcement Hearing Page 2 proposal he now has includes a new pump and refinishing the entire pool. He added that he had trimmed all of the overgrown bushes. The Special Magistrate asked Mr. Thrasher if he had any questions to which he replied that he did. He then asked to review the documents and proposals to which Mr. Sununu referred. He then asked Mr. Sununu to point out on the $4,000 proposal where a new pump is listed. He advised that the pump is in the skimmer. Mr. Thrasher called attention to a letter from Citizens Insurance date January 5, 2009 stating that that a check in the amount of $39,912.49 had been forwarded to him. Mr. Sununu stated that one third of that went to his attorney, $8,000 plus toward his mortgage and the remainder to his medical bills. He further stated that there was an additional $21,000 that will come through a process known as "Law and Ordinance" which will be distributed directly to venders by Citizens Insurance to cover repairs. Mr. Thrasher asked Mr. Sununu if it would be possible to repair the pool first since it presents an immediate health and safety problem to both Mr. Sununu and the neighbors. Mr. Sununu replied that it is possible, but he will have to submit the proposal to Citizens to start the process. Mr. Thrasher requested that Mr. Sununu be allowed a maximum of 30 days to bring the pool into compliance which includes fencing around the pool and that failing to do so, be assessed a fine of $250.00 per day for each day after the 30 days. The Special Magistrate remarked that she did not see any mention of fencing in the violation so therefore would not be including that in her order. However, she pointed out that the fencing requirement is a state requirement and that should be corrected immediately. She advised Mr. Sununu that if the fence is not installed, the Town can immediately issue another Notice of Violation which she would be willing to hear in a very short time. Special Magistrate Donlon found that proper notice was given and remarked that this is a repeat violation and as such she usually immediately assesses fines. However, in this case, she will honor the request of the Town and ordered compliance by June 7, 2009, with a fine of $250.00 per day to commence on June 7, 2009 until compliance is accomplished. She advised Mr. Sununu that she could charge up to $500.00 per day since this is a repeat violation. Case No. CE3 -09: Charles Sununu, 820 Canary Walk Porch roof decayed, in a poor state of repair and entire roof needs to be cleaned and repainted in violation of Section 22- 31(7), Section 22 -32(7) and Section 22- 32(5). Town Manager Thrasher presented the following exhibits: 1) Statement of Violation and Notice of Hearing; 2) Sections 22- 31(7), 22 -32(7) and 22- 32(5); 3) Composite photos of roof dated June 14, 2008; 4) Printout from Palm Beach County Property Appraiser Office showing Mr. Sununu as the property owner; 5) Signed Return Receipt of Hand Delivered Article No. 127 along with Police Incident Report Case #09 -0659 covering the delivery made at 1800 hours on April 9, 2009; 6) Letter of January 5, 2009 from Citizens Insurance confirming claim payment of $37,912.49 and an additional $21,120.48 due when work is completed; 7) Proposal from Allied Roofing & Sheet Metal, Inc. covering roof repairs of $7,177.50 dated May 2, 2009. The Special Magistrate asked Mr. Sununu if he had any information as to how long it would be for Citizens Insurance to send the check to the vender after they received the proposal. He replied that he did not have this information. Mr. Sununu advised that the patio would be r M Town of Gulf Stream Code Enforcement Hearing May 7, 2009 Page 3 replaced and the remainder of the roof just repaired, all of which is estimated to take one week after the check is received. He further advised that he had a proposal to have the roof cleaned and repainted after the repairs are made. Mr. Thrasher asked Mr. Sununu if he had signed a contract with Allied Roofing to which he replied that he had not. He stated that he would not be doing this until Citizens sent the check because he did not want to be responsible to pay Allied unless he received the insurance payment. He also said that in his own mind he will use Allied for the work if the money is received. Town Manager Thrasher requested that Mr. Sununu be given 30 days to complete the work on the roof, which includes the cleaning and painting of the entire roof and that he be provided a copy of a letter from Citizens Insurance advising that the check had been sent to Allied Roofing within 48 hours after it has been received. Mr. Thrasher further requested that if the work is not completed by June 7, 2009, a fine of $100.00 per day be assessed until such time as compliance has been achieved. Special Magistrate Donlon found that proper notice was given and ordered that the roof repairs be completed within 30 days and that the Town receive a copy of the confirmation from Citizens Insurance that the check had been sent to Allied Roofing within 48 hours of receiving the confirmation. She further ordered that if Mr. Sununu fails to comply by June 13, 2009, a fine assessment hearing will be held before the Special Magistrate on a date and time to be determined and a fine of $100.00 per day shall be assessed for each day the violation continues to exist. There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:45 A.M. 2L /Z Rita L. Taylor Town Clerk 00 SOUTHERN POOL PLASTERERS, INC. U -19996 P.O. Box 564 Loxalmtchee, FL 33470 561- 722 -7690 /Fax 561- 784 -7016 poolred(iQyahoo.com Name tom/ &E/ E S�e[G���� %e. Referred by ,{/ �/ Address u 01 ClffN AV 4A JAL< Home number n%51- U 6 7 J /other City (g/,U_ FL,3,3 ? Sub division Main cross Pool Resurfacing (Description of work to be performed) 1) Drain pool, using all our own equipment. 2) Prep entire pool, cut and chip under the file and remove hollow areas. 3) Bond coat pool. Bond coat is a primer made by SGM to ensure roughness of the old surface for comet bonding of the new finish. This process nrny be omitted if sand blasted. '* See sand blasting below. 4) Apply o (2) coats of '66 . chosen color is � '� , manufactured by �.— offering a P b o� year warranty. T' 5) Wash down pool, replace main drain cover and immediately begin filling your pool. Please allow water to run continuously until proper level has been achieved. Please call office so "fire up" date can be arranged. 6) Water filtration tanks for city water are included. 7) Start up chemicals with stabilizer for a One Time visit is included. TOTAL RESURFACING COST: r• M e Well Water Filtration Tanks NOTE: If you have well water and the estimator neglected to notice. PLEASE notify the office immediately and realize the additional cost for this process is necessary in order to filter out the iron in the water. $350.00 OPTIONS 1) Tile over tile with choice of total linear feet w/ ft of cap tile. Price includes labor and die from wAw.laudcrdalctile.com / www.nptgonline.com / www.portobelloamerica.com Ob $ J I(7O 2) Mosaic installation price is $40.00 each to save existing mosaics $60.00 each $ 3) Remove and replace existing coping and replace with coping choice of total linear feet $ 4) Re -gro ut water line tile. $ 5) Other IISV .t u a Wig- du r, L) $ c4m, C (1 Fiber Optic Pool Light $700.00 installed / Standard Light Kit $210.00 / Color Bulb $325.00 TOTAL $ DEPOSIT S O — BALANCE $ { M_ wit l� J D Please mail check the day of plaster application. Checks not received within (5) days will he collected and an additional $50.00 charge will be applied. Your warranty will be issued following payment. Signature of acceptance Date Date of work to begin to be completed in 3_ Co days (weather permitting) OFFICE USE size (20 spa steps'504 bench_ fittings ? .other estimatd;� 0 1 C°,leCZn �+ t� �(-.2, rV k-0 (bob �i l s c,,GWn 1 �Q CODE ENFORCEMENT HEARING TO BE HELD BY MAGISTRATE OF THE TOWN OF GULF STREAM 10:00 A.M. IN THE COMMISSION CHAMBERS GULF STREAM, FLORIDA. AGENDA I. Call to Order. THE CODE ENFORCEMENT SPECIAL ON THURSDAY, MAY 7, 2009 AT OF THE TOWN HALL, 100 SEA ROAD, II. REPEAT VIOLATION -Case No. CE 2 -08: Charles V. Sununu, 820 Canary Walk; Stagnant water in swimming pool in.violation of Article II, Section 22 -31 Paragraph (11) and (15) of the Gulf Stream Code of Ordinances. III. Case No. CE 3 -09: Charles V. Sununu, 820 Canary Walk, Gulf Stream, Florida; Edge of roof over open porch rotted away in violation of Section 22 -31(7) and Section 22- 32(7); Roof needs to be cleaned and /or painted to correct violation of Section 22 -32(5) of the Gulf Stream Code of Ordinances. IV. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS.TO BE BASED. F.S.S. 286.0105 !, �_ t " .' A ORDINANCE NO. 04/4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22, OF THE CODE OF ORDINANCES, NUISANCES, AT ARTICLE I TO INCLUDE A NEW SECTION 22 -3 RELATING TO OBSTACLES TO TRAFFIC AND PARKING; RESCINDING ARTICLE II, RELATING TO DEBRIS, RUBBISH, WEEDS AND WILD GROWTH IN ITS ENTIRETY AND PROVIDING FOR A NEW ARTICLE II RELATING TO UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 22, Nuisances, Article I, In General, to include a new Section 22 -3, to read as follows: "Sec. 22 -3. Obstacles to traffic and parking (a) It shall be unlawful for any person to place and /or maintain any obstructions within the public right -of -way of the Town without first being given authority in writing. by the Town to place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees, walls, fences, traffic triangles, or other obstacles intended to impede traffic or parking or structures of any kind not previously approved in writing by the Town. (b) Any obstacles placed in the Town right -of -way in violation of this section may be immediately and summarily removed by the Town and shall be removed at the expense of the property owner. (c) Any person found to be subject to the general penalty section of this code code or, alternatively, shalll be subject to the jurisdiction of the Town's code enforcement process." Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 22, Nuisances, by deleting Article II, Debris, Rubbish, Weeds and Wild Growth, Sections 22 -31 through 22 -34 inclusive, in its entirety, and substituting therefore the following new Article II entitled Unsightly, Unsafe or Unsanitary Conditions to read as follows. "ARTICLE II. UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS Sec. 22-31. Prohibited. 1 T 7 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 provisions in this chapter. (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 construction projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or structures, ruins of any kind or buildings, docks, walls or other structures in a failing 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 animal 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 disposed 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 permitted or maintained on any lot or piece of ground. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreasonable quantities. (17) Any condition constituting a fire hazard. (18) Any worn -out, scrapped, partially dismantled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, machinery, metal, wastepaper, rags, glass -ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the vehicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperalive, unusable or discarded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind -blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. Sec-22-32. Foundations, structural members and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the Town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the Town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of 31/2 percent of its span. (2) Exterior walls shall be reasonably free of cracks or holes through which weather elements can enter the building or structure, and all exterior surfacing material shall be kept painted and in good repair. (3) Interior walls and ceilings shall be structurally sound. (4) All windows and doors to the outside shall be constructed and maintained in such a condition as to exclude weather elements or insects entering. (5) The roof shall be constructed and maintained so as not to leak. Roofs shall be kept clean and painted. (G) Every inside and outside stair, every porch and appurtenance thereto shall be constructed so as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and in conformance with the building code, and shall be kept in sound condition and good repair. (7) Accessory buildings and other appurtenances such as swimming pools, tennis courts, walls, gates and fences situated on (lie premises shall be kept in a safe and good state of repair. Sec. 22 -33. Notice to abate; content. K, Whenever it is made to appear to the Town Manager, or the Town's designee, after investigation that a nuisance exists within the Town pursuant to the provisions of this chapter, the Town Manager or the Town Manager's designee shall forthwith prepare an estimate of the total cost of removing, suppressing or abating the nuisance and cause to be served upon the person owning, occupying or having the care or custody of any lot or parcel of land upon or in connection with such nuisance a written notice to remove, suppress or abate the nuisance. The notice shall: (1) Describe the prohibited act, occurrence or condition, in sufficient detail to plainly identify same. (2) State the legal description of the property on which the same exists or is maintained. (3) State the estimated total cost which will in the opinion of the Town Manager cover the total cost of removing, suppressing or abating same. (4) The proportion of such cost proposed to be borne by the Town, if any. (5) The proportion of such estimated amount which shall be borne by the owner or occupant of the premises involved. (6) State that unless such prohibited act, occurrence or condition has been effectively removed, suppressed or abated on or before the time staled in the notice, to be not less than 15 days after service of the notice, the Town will remove, suppress or abate the same and assess the cost of so doing, or such proportion thereof as it may deem equitable and just, against the owner or occupant of the premises involved, provided such assessment shall in no event exceed the proportion of the estimated amount set forth in the aforementioned notice to be borne by the owner or occupant of the premises involved; (7) That such notice shall be served upon the owner, occupant or person having the care or custody of the particular property involved, if he or she be found upon the premises or within the Town. In the event the owner, occupant or custodian cannot be found within the Town after reasonable and diligent inquiry, such notice shall be posted in a conspicuous place upon the premises and a copy thereof mailed by certified mail, return receipt requested, and by regular mail, to the last known address of such owner, occupant or person having the care or custody of the land involved. Sec. 22-34. Hearing. Any person owning or occupying the property removed or otherwise interested, who objects to the proposed removal, suppression or abatement or levy of a special assessment under this subchapter, must present in writing to the Town Manager, his or her objections, within ten days of the mailing or posting of the notice and must request a hearing before the Town commission, or the person shall have deemed to have ,l consented thereto. The hearing shall be on the first regularly scheduled meeting following the request for the hearing. After the hearing, the Town commission, in the exercise of its discretion, may approve, revise, modify or abandon the proposed action. Sec. 22 -35. Abatement by Town. If at the time specified in the notice as provided in section 42 -91, the nuisance has not been removed, suppressed or abated, or in the event a hearing is held by (lie Town Commission and the notice is upheld in whole or in part, the Town Manager shall cause to be removed, suppressed or abated the nuisance referred to in the notice according to the terms set forth in the notice or, in the event of a hearing, in the manner approved by the Town Commission. Sec. 22 -36. Levy of special assessment lien against property. (a) The Town Manager shall, as soon as practicable and within 30 days after the completion of work as authorized in this subchapter, ascertain and determine the actual cost thereof and the respective Portions to be borne by the Town if any, and the owners or occupants of the property involved and, thereupon shall notify the owner or occupant, in writing, of the amount required to be borne by the owner or occupant. In the event said amount is not paid to the Town within thirty days of the date of said notice in writing, the Town Commission, by resolution, fix, levy and impose a special assessment against the property involved in an amount not exceeding either the actual cost of the work, or the estimated special assessment staled in the notice. (b) The resolution shall specify the following: (1) Description of the work performed. (2) Date of completion. (3) Total cost. (4) The proportion of such cost to be financed and defrayed by special assessment. (5) The unit or basis for distributing the amount to be specially assessed among the several parcels of property where more than one parcel is liable for assessment. (6) The fact that a lien has been assessed by the Town with a complete schedule or breakdown of the specific amount of special assessment levied and imposed against and upon each respective particular parcel of property involved, showing in detail the description of the property, name of owner and amount of assessment as severally and respectively levied and imposed. (7) That such liens shall bear interest at a rate of eight percent per annum compounded unless paid within 30 days after publication or such resolution. (a) That the Town clerk shall forthwith have prepared and filed of record, the amount of such lien assessed against each parcel of property, the date of completion of such work and such other information as may be deemed appropriate. 5 (9) That the Town clerk published by posting, required by law. shall cause the resolution to be or publication in a newspaper, as (10) That the Town shall have, assert and possess a lien, superior to all other claims, except taxes, against and upon the property as therein described for the respective amounts of such special assessments as indicated above, together with interest and costs of collection. (11) Commanding the Town Manager to enforce collection thereof. Sec. 22 -37. Civil actions. In addition to the other remedies and charges provided in this article, the Town attorney is authorized to file appropriate civil actions for a temporary restraining order, temporary injunction, permanent injunction, or for damages, against any person violating this article. Sec. 22 -38. Emergency action. Nothing in this article shall be construed to limit the Town's authority to immediately abate any nuisance existing on public or private property should an emergency exist. Sec. 22-39. Penalty. In addition to the penalties prescribed herein, the violation of this article may, upon conviction, be punished pursuant to Section 1 -15 of the Town's Code of Ordinances. Additionally, a violation of any of the provisions of this article may be referred to code enforcement which has jurisdiction pursuant to Chapter 2, Article II, Section 2 -68." Section 3. Severabilily. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Strearn. Section 6. Effective Date. � R. C.7 This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this .17 day of September 2004, and for a second and final reading on this 8th day of October _ 2004. ATTEST. Clerk MUCRI13147- 0110rd Chapter 22M I& II.DOc Corpmissioner Commisfioner 7 ommissioner cn w i" W m w m w ~ W 2 0 7 H W ~ N W Z m w0 W Z w Zm' Z ❑ ZJ co 2ffl WI W W d' = 0 ❑® = a N s i s co ZuZJ W O Z }p W U` W �- CL 7 (nm N Nm N NN N w = Z02 (n F- oi�0 Up N K m"� mvm 0 a�0_Fm g(nYQ OU W O¢H~ N Z ❑ ❑❑ Q Q OZUW U w LLWZQ 2U) a 7 >ggo r J w =w w m =Jww = J U mo Z ❑ w w� O ~ m O' _ O=ow O <C<H U a W} z o ¢ k = w w U x❑ our o �F ❑aaZ) ~ }�O Q 4 ¢O w� w Z zW2LL wow ¢ a �� ;U w N x W = ❑=wz a4 ❑(7 0 ❑ w(7<x wvJ)Wa o } a LU< w 030 030E Y W K a w Q 2 J= J Z 2U` W❑ F- Ff-a hOCLu - 3�- Q °v N ¢ I- zzw Y w 0 U o DODD °10 2° Z y Z0 � D UQZ° p ~ 7 OOQO O HZ} K z m 0 OWZ= W 2 W�wo Q a y° w O> w~ u. LL ° �� JO W LL' O NO�U m p Dy F- W S a F- wJ07O O W tv ❑ ❑2 mHOw W (n U` Z m Z W� m a N azzm ❑ ZO Um = z (n �w0_ 2Ui= w o r' O w ¢ �m�m HOJ~ 3 �= J L) u. ; Z W �j OQ o O zmYQ ° M =oaw w oUwaw m � o O L) wZZ�o = wli�mw 3Q W CL z N J W J W U 0 > ¢ h J 1- O❑W� x Z,Mawu=) °a N f" F--D U) onwmZ_0❑ m W w w 0 zw3o=3 0 w0 ~NLL3� m 0 J3W❑ w ==LL—o w O Z W O N ((1) N () NLL h y p Q op w LLO=LL) 2mOH- RM ZCD O-= Q mUw� W m" D } Z N J N wLL W Nw W J �� W M W J Ir w } 0 O F- z �' a O lLW zHQ W oo> 2(��'�z❑ NF azmw U Z o J �2 Q¢ 0 C 13 (D 0 0 a 0(0 p o p m w D c NO ❑ F U�JU W (n3z LL N2 W m O W ( ❑=W O �_(~n H w N� wW F- w N LU� H w a ~ Q� m (YH ILZ30 m �LLrO Q U J 0 } K ❑ W M0 W zUZ<Lum O SW 1-� 7 N W N p 70 N W N �p 7 Q N W f w wm�m dQ W a- -w, O C 01 r K M N K N J D_ WQ = = W LL U K ¢ 2 W== g > —~ w U F O (? N w0 U ~ W m > O,=U6 2 0 W0 H 0 M ~ z20:<W❑ LL O N o o cfr �mf� C6 gID mw o � Z Z }P Cl) O p Owza u~) o o pgWx/jO G N QWW Wa> ❑�UWa= YOP Wzma0> �W E E = r >? —mm a. wm <Wm m�F JY z a (j (n z ¢ z f LL ❑ O C W3:MH¢w =3wza KO W P 22 =J Qm3a C U �� � 5 2 J W > O —Z? V] � H �J HwWW o — >ZWO zFZ >=�� 3 (.� O z ZQ ¢W LL U a W oO:F 7(n0W H M �0ZUOw zwozmw� w >O U) 0 0E=0 _V o �U O¢ g� w a w z ¢Eomow �O¢ > ~(Unw �=�Q1-Om aC'� o d wQ pZ �3 Q} f� vm) O Ia a w o ❑ W ❑W❑2u -W (r M: Wwv)o m �Z z y5 4) (n uo o= UO p}p? oc? LL a ❑ w 0 o: m=W �F❑3:xwz mt- 0 } } }UW— m of wa Z KIL O w(n p LL N a QUW3Q=��LL'mQZ(n rrrvvv K N OZ> j V Km W W U 0: O ZJQ W W > ~>g z0!z0_p U) U Ow 3: O UO U N >Z U> O 1U W I Z 3 J <6-Y = w Q O Z OC7 �Wj��> O¢OOQWU W— a Z O W m = W ti� LL ��- Om >f- 0:0 ° >> ❑ Y Z❑2i7 > 0! a?a0 0 )) 2 a uo } § �m ° k \K \ }/E GE § () E §J/ o Q - IL \ | =2 LLI »o �3 0S 0~ 22 (\\ \0 §] `�� �J /2 §q d $ k` LLI §LU ] §) ƒ zW zm & 2 § [\ w , 2" 0z w ■ \ q z \\ // &2 }2 () OO § uE §, ce m \$2 �� == wE ( C, \rr] - -- 2 \- § �); # )[g m§ [z &:\ k� § E Ef E cz< CL § /§§ \ o 7 z <n 2 G§( <= §±/ °!5 \ £m_ !gz »m $) ��w J kit§( 0- kG � W \ *\ oR) \ ) § /§` ]) (G cf n /tto- )d.tn G 2 -b7 d-egg "o �� 49 �1� 31�Z1 C V rn , Tel tip Cf 46�;,Q �ej� b -6 'S'. - r YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE 4 -5 -07 , 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 VIOLATIONS) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION. If the Special Magistrate finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered. If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Magistrate with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such - purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is to be based. (FS 286.0105). PLEASE GOVERN YOURSELF ACCORDINGLY. 1 226 [� By: Rita L. Taylor, T' wn Clerk Town of Gulf Arearn 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON May 7, 2007 Charles Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Telephone (561) 276 -5116 Fear (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA L. TAYLOR We are enclosing an Affidavit of Compliance covering Code Violations at 820 Canary Walk, Gulf Stream, Florida 33483 cited under Cases #1 -06 and X12 -07. As you are aware, a fine of $25.00 per day for non - compliance was levied by the Code Enforcement Special Magistrate commencing on April 22, 2006. On July 25, 2006 a lien was filed against the property at 820 Canary Walk as a result of non - payment of the fines. As of this date none of the fines have been paid,and the lien is still in place. Inasmuch as the violation was corrected as of April 25, 2007, the fine of $25.00 per day is no longer being charged as of April 25, 2007. However, the interest on the unpaid balance is still being applied. As of April 25, 2007, the total amount of the fines plus interest as determined by Florida Statutes was $9,710.81. We are enclosing herewith a daily chart showing the amount of the lien as computed from April 22, 2006 through May 30, 2007. Should you have any questions regarding this lien, do not hesitate to contact the undersigned. Very truly yours, �{vA Hfa� William H. Thrasher Town Manager 100 SETA ROAD, GULF STREAM, FLORIDA 33483 s TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 CASE NO. 1 -06 and 2 -07 LOCATION OF VIOLATION: Charles Sununu 820 Canary Walk Gulf Stream, Florida 33483 DATE: 5 -1 -07 I William Thrasher have personally examined the property described above and (Town Official /Inspector) -(15) Find that said property is (NOT (NOW) n compliance with Section(s) -11 (11) rtof the Code of the Town of Gulf Stream as o t e 25th day of April , 20 07 Aftiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ 71-h day of May , 20 07 by William H. Thrasher Town Official/Inspector, who is personally known to me or who has produced a Florida driver's license as identification who did /did not take an oath. (SEAL) wrP �: •• .'�. Rlra t ranoR * , MY COMMISSION dDO494672 U, EXPIRES: February 21, 2010 Bonded Thm Budget Notary Service, NOTARY PUBLIC State of Florida building Planning and Zoning Department If A14 Nt(, vet'( F f �fy Z Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 2 -08 Phone (561) 276 -5116 Fax (561) 737 -0188 4 -9 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. Location /Address where repeat violation (s) exist(s): 820 Canary Walk.Gulf Stream, FL 2. Legal Description: Lot- 96 P1 arra A„ Sol a; l Subdivision 3. Name and address of owner /person in charge where repeat violation(s) exist(s): Charles V. Sununu 820 Canary Walk Gulf Stream FL 3348 4. Repeat Violation of Town Code Section(s) and description(s): Sec. 22-31(11)&(15) Stagnant Water is once again in the pool, Cited and fined for this Case # CE2 -07 but finally corrected. Piping to the pool is at this time disconnected & laying in the yard. (SEE ATTACHED "EXHIBITS OF REPEAT VIOLATION") 5. Date of First Inspection: 6 -14 -08 6. Date owner first notified of repeat violation(s): 6-21-08 * * * * * * * * * * * * * * * * * * * * * * * ** **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 5 - 7 -0 9 at 10:00 A.Pjor as soon thereafter as the case can be heard, in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his/her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116, ON OR BEFORE 5 -1 -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. 2 .- By: Rita L. Taylor, Tov6l Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Zoning Department Ph. (561) 276 -5116 Fax (561)737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 2 -07 March 28, 2007 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. 1. Location/Address where violation(s) exist(s): 820 Canary Walk, Gulf Stream, Florida 2. Legal Description: Lot 26 Place Au Soleil 3. Name and address of owner /person in charge where violation(s) exist(s): Charles V. Stmtutu 820 Canary Walk Gulf Strewn Florida 33483 4. Violation of Town Code Section(s) and description(s): Sec. 22- 31(11) & (15) Statmant Water still remains in pool. Violation cited as Case //1 -06 never been corrected, fine was assessed @ $25 per day & lien has been filed. Code Inspector has reason to believe LLLLS CUnUiL:lon presenrs a serious threat to Me pubiic nealtri, salety & sale we and requests this hearing as provided in Sec. 2 -69(d) of the Code. (SEE ATTACHED "EXHIBITS OF VIOLATION") 5. Date of First Inspection: Feb -njary 14 2006 6. Date owner first notified of violation(s): Feb=i ry 17, 2006 7. Date on/by, which violations are to be corrected: April 5, 2007 * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on 4 -10 -07 at 10 A.M_ or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town anager Town of Gulf Stream ORDINANCE NO._ 04/4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22, OF THE CODE OF ORDINANCES, NUISANCES, AT ARTICLE I TO INCLUDE A NEW SECTION 22 -3 RELATING TO OBSTACLES TO TRAFFIC AND PARKING; RESCINDING ARTICLE II, RELATING TO DEBRIS, RUBBISH, WEEDS AND WILD GROWTH IN ITS ENTIRETY AND PROVIDING FOR A NEW ARTICLE II RELATING TO UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 22, Nuisances, Article I, In General, to include a new Section 22 -3, to read as follows: "Sec. 22 -3. Obstacles to traffic and parking (a) It shall be unlawful for any person to place and /or maintain any obstructions within the public right -of -way of the Town without first being given authority in writing by the Town to place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees, walls, fences, traffic triangles, or other obstacles intended to impede traffic or parking or structures of any kind not previously approved in writing by the Town. (b) Any obstacles placed in the Town right -of -way in violation of this section may be immediately and summarily removed by the Town and shall be removed at the expense of the property owner. (c) Any person found to be in 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." Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 22, Nuisances, by deleting Article II, Debris, Rubbish, Weeds and Wild Growth, Sections 22 -31 through 22 -34 inclusive, in its entirety, and substituting therefore the following new Article II entitled Unsightly, Unsafe or Unsanitary Conditions to read as follows. "ARTICLE II. UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS Sec. 22-31. Prohibited. 1 T 3 z •saglluenb algeuoseajun ul 'siapulo ao 'loos 'se6 leglal 'sawnl leglal jo snolxou 'a�ows asuaa (9 l,) -punoj6lo aoald jo Iol Aue uo paulelulew jo palllwjad jalem lueu6els 10 uollelnwnooe Auy (c, l ) •paulelulew jo pawjolJad 'palonpuoo sl Mel leJapal Jo 'alels 'leool 10 uolleloln ul sl gOILIM Allnlloe Aue ajagrn uoileool jo aoeld Jaglo Jo 'ainlonjls '6ulpllnq Auy (tq) •saouelsgns jaglo io 'salsem lelojawwoo 'slewlue peep '96emas Aq jalem 10 Apoq jo 'leueo 'a>el 'weajls 'walsio jo pam oilgnd Aue 10 uollnpod aql (£L) •gleap Salle auul algeuoseai e ulgl!m 10 pasodslp lou Imol jo slewlue 10 sasseojeo agl (Zl) • sagouals pue siopo Bons 10 uollejaua6 jo uolsslwa agl 01 aslJ anl6 golgm sasneo jaglo jo 'seouels -qns 'suolllpuoo a41 se Ilem se 'sagouals pue siopo snolxougo jo algeaaj6eslp liv (ll) •saslou lewlue 6uipnloul 'suollejgln 6ulAouue pue saslou pazuoglneun jo tiessaoauun IIV (04) •paleool sl 11 ajagm Alluloln a4l ul pJezeq an; snoja6uep Aieulpio uegl Glow a sluesaid jo '1oaja41 Alluloln e41 ul 6ulplsaj aldoad 10 411eaq a41 01 aoeuaw a sl 11 legl uolllpuoo Ajelluesun ue gons ul jcle { jo 'uogellgeq uewnq jot I11un sl legl uolllpuoo palepldellp a gons ul sl golgm amlonjls jaglo jo 6ulpllnq Auy (6) 'ulwJan Iaglo Jo 'saNeus 'aolw 'slei jot a6ejogjeq sapinoid golgM uoglpuoo Auy (g) •uolllpuoo snoia6uep jo 6ulpe; a ul sainlonils jaglo jo sllem 's loop 's6ulpllnq jo puil Aue 10 sumi 'sainlonlls jo s6ulpllnq 6ulAeoap jo paAeoao W sugap jo gsejl 'abegje6 '4111] (g) •sloalbid uo11onilsuoo woj1 6uglnsai jo gllnn uogoauuoo ul pasn leualew llll jaglo jo Ilos 'pues (g) •glnnoj6 snolxougo jo sloe 'sdwnls 'sgnjgs 'ssej6 'seed 6ulAp jo pea(] (p) •punoa6 a41 anoge Ig6laq ul sagoul lg6la uegl jaleaj6 aq llegs legl ssej6 jo spaom 'gsnjs (E) •glleag of leluawulap aq Aew 1e41 sllsod -@p Jaglo Aue jo 'filly jo gseil 'jalem 10 slood leaouoo Aew legl glrnoJ6 leuogela6an duel J0 4614 'sJopo snolxou jo luesealdun sapnxa 1241 41nnoJ6 leuo11e1a6an i Lle�j (Z) •jaldego slgl ul suolslnad eql to Aue 10 uolleloin ul suolllpuoO (l.) :Aue uoajagl llwied jo aneg 01 unnol aql uIQM puel 10 jaumo Aue io1 aoueslnu a alnlllsuoo llegs pue lnjmelun aq pegs 11 '4:!=r . (17) Any condition constituting a fire hazard. (18) Any worn -out, scrapped, partially dismantled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, machinery, metal, wastepaper, rags, glass -ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the vehicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or discarded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind -blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. Sec-22-32. Foundations, structural members and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the Town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the Town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of 31/2 percent of its span. (2) Exterior walls shall be reasonably free of cracks or holes through which weather elements can enter the building or structure, and all exterior surfacing material shall be kept painted and in good repair. (3) Interior walls and ceilings shall be structurally sound. (4) All windows and doors to the outside shall be constructed and maintained in such a condition as to exclude weather elements or insects entering. (5) The roof shall be constructed and maintained so as not to leak. Roofs shall be kept clean and painted. (G) Every inside and outside stair, every porch and appurtenance thereto shall be constructed so as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and in conformance with the building code, and shall be kept in sound condition and good repair. (7) Accessory buildings and other appurtenances such as swimming pools, tennis courts, walls, gates and fences situated on the premises shall be kept in a safe and good state of repair. Sec. 22 -33. Notice to abate; content. 3 1, aneq of pawaap ane4 pegs uosJad agl JO 'uolsslwuloO uMOl agl ajolaq 6uueag a lsanbaj )snug pue aollou aLp l0 6ullsod jo 6UIII0LLI aql to SAep ua1 ulgllM 'suogoafgo Jay Jo SILL 'Ja6eue" uMOl aLp of 6ull!JM ul luasaJCI lsnw 'jaldegogns slgl japun luaussasse leloacls a to (nal Jo luawalege jo uolssaiddns 'lenowal pasodoid aLll of slOafgo oqM 'palsaJalul aslrvuaglo Jo panowaJ Aliadoid aLll bujAdn000 jo 6uluMO uosJad ALIV •6uue8H 'yE-ZZ 'OaS -panlonul puel a41 to (po)sno jo @JeO aql 6uln8Ll uosiad Jo luedn000 'jauMo Bons to ssajppe uMOL14 ISel ag) 01 'pew jelnbaj Aq pue 'palsanbai ldlaoaj wnlaj 'Ilew pa!1!ljao Aq Pallew loajagl Adoo a pue saslwajd aLll uodn aoeld snonoldsuoo e w palsod aq Ilegs aollou gons 'timbLn lua6!I!p pue elgeuoseaj Salle uMol aq) ulgllM punol aq louueo uelpolsno jo luedn000 'jauMo aql Juana aql ul 'uMO_L a41 ulgllM jo saslwaid a41 uodn punol aq aqs jo aq ll 'panlonul AJJ@a oad jelno.lied ag) to Apolsno jo ajeo agl 6ulneg uosjad jo luedn000 'jauMo aql uodn panics aq Ilegs aollou gons legl (L) :panlonul saslwajd agl to luedn000 jo jauMo aq) Aq awoq aq o) aollou pauolluawaiole aql ul gliol las lunowe palewllsa aql to uolljodold aql paaoxa Juana ou ul (legs luawssasse gons papinaid 'panlonul saslwaid aql to luedn000 jo jauMo aql lsule6e 'lsnf pue alge)lnba waap Aew 1! se loajagl uolliodoid gons jo '6ulop os to lsoo a4} ssasse pue awes a4) a)ege jo sseiddns 'anowaJ Illy^ uMol a41 'aollou a41 to aovuas jalle sAep 4l uegl ssal )ou aq of 'aollou a41 ul pale)s awll a41 ajolaq jo uo paleqe .lo passaiddns 'panowal /I9n1109ll9 uaaq seLl uoll!puoO jo eouaiin000 'toe pallglgad gons ssalun legl alels (g) •panlonul saslwaid aql to luedn000 jo jauMo aql Aq awoq aq llegs golgM lunowe palewllsa gons to uolliodoid aLll (4) -Aue 11 'uMo I eql Aq awoq aq of pasodoid lsoo gons to uolliodoid aql (4) -awes 6ullege jo bulssalddns '6ulnowaJ to )SOO lelol aq) JanoO Ja6euellq uMOl a41 to uoluldo aq) u! IIIM golgM )soo lelol palewllsa a4) a181S (E) •pauleluleul sl Jo s)slxa awes aql golgM uo Apadad aql to uol)duosap leb@l aLp alelS (Z) 'awes illluapl Alweld of Ilelap lua!o!Jlns ul 'uoglpuoo jo aouajm000 'Joe pallglgojd aql aquosaa (1) Ilegs aollou aLll -aoueslnu aql alege jo ssaiddns 'anowaJ o) aollou ualluM a aoueslnu gons gllM uolloauuoo w Jo uodn puel to laoied jo lol Aue to Apolsno jo am aq) 6ulneg JO 6u1Adn000 '6uluMo uosjad aLll uodn pamas aq of asneo pue aoueslnu agl 6ullege jo 6ulssajddns '6ulnowaJ to 1500 18101 aql to alewgsa ue aiedajd gllMq)JOJ Heys aau6lsap s ,Ja6euelnl uMO-L aq) Jo ia6euelnl uMol a41 'jaldego s!4l to suolslnoad eLp of luensind uMol a41 u1411M s)slxa aoueslnu a legl uoge6l)sanul Salle 'aau6lsap s,LIMOJ_ aql Jo 'J86eueyq uMOl 941 of jeadde 01 apew sl 1l Janaua4M consented thereto. The hearing shall be on the first regularly scheduled meeting following the request for the hearing. After the hearing, the Town commission, in the exercise of its discretion, may approve, revise, modify or abandon the proposed action. Sec. 22 -35. Abatement by Town. If at the time specified in the notice as provided in section 42 -91, the nuisance has not been removed, suppressed or abated, or in the event a hearing is held by file Town Commission and the notice is upheld in whole or in part, the Town Manager shall cause to be removed, suppressed or abated the nuisance referred to in the notice according to the terms set forth in the notice or, in the event of a hearing, in the manner approved by the Town Commission. Sec. 22 -36. Levy of special assessment lien against property. (a) The Town Manager shall, as soon as practicable and within 30 days after the completion of work as authorized in this subchapter, ascertain and determine the actual cost thereof and the respective portions to be borne by the Town if any, and the owners or occupants of the property involved and, thereupon shall notify the owner or occupant, in writing, of the amount required to be borne by the owner or occupant. In the event said amount is not paid to the Town within thirty days of the date of said notice in writing, the Town Commission, by resolution, fix, levy and impose a special assessment against the property involved in an amount not exceeding either the actual cost of the work, or the estimated special assessment stated in the notice. (b) The resolution shall specify the following: (1) Description of the work performed. (2) Date of completion. (3) Total cost. (4) The proportion of such cost to be financed and defrayed by special assessment. (5) The unit or basis for distributing the amount to be specially assessed among the several parcels of property where more than one parcel is liable for assessment. (6) The fact that a lien has been assessed by the Town with a complete schedule or breakdown of the specific amount of special assessment levied and imposed against and upon each respective particular parcel of property involved, showing in detail the description of the property, name of owner and amount of assessment as severally and respectively levied and imposed. (7) That such liens shall bear interest at a rate of eight percent per annum compounded unless paid within 30 days after publication of such resolution. (f3) That the Town clerk shall forthwith have prepared and filed of record, the amount of such lien assessed against each parcel of property, the dale of completion of such work and such other information as may be deemed appropriate. 67 L] Ole(] anpoall3 .g uopoaS •weailS lint to unnol agl to saoueulpJo JO apoo leloWo ag) to lied a apew pue paillpoo aq Keys aoueuwpio slgl 'uopeoylpoo .g uopoas -paleadaj (gajag we aoueupo slip to lied Aue jo slgl gl!m 1011lu03 golgm loaiagl slied jo 'eppoli 'weailS lino to umol ag) to saoueulpjo Jaglo py -Iogluoo ul saoueulpio )o leadad .p uopoas •algMnas paJeloap Agajag aie aouewpio sly) to suolslnaid aq} pua slyl of pue 'suolleolldde jo suolslnoid pllenw aq) anogalan loago u8n16 aq ueo golgm eoueulplo slgl to suopeolldde Jo suolslnad 1agao aq; loalle lou pegs /alpllenul gons 'pllenul play sl loajaq) uolleolldde ag) jo aoueupo slgl to uolslnoid Aue 11 llglgejanaS .E uopoaS „•gg -Z uopoaS 'll alolliV 'Z jaldego o) luensind uopolpsljnf seq goigm luawaoiolua apoo of paijalai aq Aew alolIJe slgl to suolslnoid aq] to AUe to uolleloln a 'Alleuolllppv -saoueupo to apoo s unnol agl to gI, - l, uopoas of luensind pagslund aq 'uollolnuoo uodn '/yew slope slyl to uolleloln ag) 'ulajaq paquosaid sapleuad agl of uolllppe ul 'A)Ieuad '6£-ZZ'30S -lslxe Aouaffiawa ue pinogs Apadoid alenud jo oiggnd uo 6ullslxa aoueslnu Niue alege Alalelpawwl of Aluoglne s unnol aql llwll of panjlsuoo aq pegs alowe sly) ul BUNION uol)oe A3ua6jow3 'BE-ZZ 'oaS •alolue slgl 6upe101n uosiad Niue lsule6e 'sa6ewep jol jo 'uopounful luauew�ad 'uogounpi tiejodwal hapio bululejlsaj /jejodwal e col suopoe pnlo aleudoidde alll of pazuoglne sl Aawolle umol aql 'alollie slg) uI papinaad saLego pue salpawaJ laglo agl o) uolllppe ul 'suolloe IInI3 -LE-ZZ 'oas loaJagl uolloailoo aaolua o) J06euelnl unnol agl 6u1puewwoo (l. I,) •uolloapoo to slsoo pue lsaialul gl!m Jagla6ol 'anoge paleolpul se sluawssasse leloads gons to slunowe anlloadsai agl jol paquosap ulajagl se Apadoid aql uodn pue lsulebe 'saxel ldaoxa 'swlelo jaglo Ile of joljadns wall e ssassod pue }passe 'aneg Kegs urnol aql )egl (04) -noel Aq pailnbai se 'jadedsnnau a ul uolleollgnd jo '6ullsod Aq pagsllgnd eq of uollnlosei aq) asneo llegs Njalo unnol ag) legl (6) This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this I7th day of September 2004, and for a second and final reading on this 8th day of October 2004. May01L ATTEST: Clerk N.UCRI13147.0110rd Chapter 22 Art 18 ILDOC 7 NUISANCES § 22 -31 t i 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- 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 — Ordinance No. 04.4, § 1, adopted October 8, 2004, set out provisions intended for use as § 223. However, such section Busts, therefore at the editor's discretion these provisions have been included as 22-4. Secs. 22- 5- 22 -30. Reserved. ARTICLE II. 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. 044, § 2, adopted October 8, 2004, repealed the former Art. II., §§ 22- 31- 22 -34, and enacted a new Art. H as set out herein. The former Art. II pertained to debris, rubbish, weeds and wild growth and derived from §§ 83(a) 4c), 8-7 of the 1978 Code. CD22:3 T-- d, § 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 ., 1 NUISANCES § 22 -34 (2) Exterior walls shall be reasonably free of (2) State the legal description of the property cracks or holes through which weather on which the same exists or is main - elements can enter the building or struc- tained. ture, and all exterior surfacing material (3) State the estimated total cost which will shall be kept painted and in good repair. in the opinion of the town manager cover (3) Interior walls and ceilings shall be struc- the total cost of removing, suppressing or turally sound. abating same. (4) All windows and doors to the outside shall be constructed and maintained in such a condition as to exclude weather elements or insects entering. (5) The roof shall be constructed and main- tained so as not to leak. Roofs shall be kept clean and painted. (6) Every inside and outside stair, every porch and appurtenance thereto shall be con- structed so as to be safe to use and capa- ble of supporting the load that normal use may cause to be placed thereon, and in conformance with the building code, and shall be kept in sound condition and good repair. (7) Accessory buildings and other appurte- nances such as slumming pools, tennis courts, walls, gates and fences situated on the premises shall be kept in a safe and good state of repair. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22 -33. Notice to abate; content. Whenever it is made to appear to the town manager, or the town's designee, after investiga- tion that a nuisance exists within the town pur- suant to the provisions of this chapter, the town manager or the town manager's designee shall forthwith prepare an estimate of the total cost of removing, suppressing or abating the nuisance and cause to be served upon the person owning, occupying or having the care or custody of any lot or parcel of land upon or in connection with such nuisance a written notice to remove, suppress or abate the nuisance. The notice shall: (1) Describe the prohibited act, occurrence or condition, in sufficient detail to plainly identify same. (4) The proportion of such cost proposed to be borne by the town, if any. (5) The proportion of such estimated amount which shall be borne by the owner or occupant of the premises involved. (6) State that unless such prohibited act, occurrence or condition has been effec- tively removed, suppressed or abated on or before the time stated in the notice, to be not less than 15 days after service of the notice, the town will remove, suppress or abate the same and assess the cost of so doing, or such proportion thereof as it may deem equitable and just, against the owner or occupant of the premises in- volved, provided such assessment shall in no event exceed the proportion of the estimated amount set forth in the afore- mentioned notice to be borne by the owner or occupant of the premises involved; (7) That such notice shall be served upon the owner, occupant or person having the care or custody of the particular property in- volved, if he or she be found upon the premises or within the town. In the event the owner, occupant or custodian cannot be found within the town after reasonable and diligent inquiry, such notice shall be posted in a conspicuous place upon the premises and a copy thereof mailed by certified mail, return receipt requested, and by regular mail, to the last known address of such owner, occupant or person having the care or custody of the land involved. (Ord. No. 04 -4, § 2, 10 -8 -04) Sec. 22 -34. Hearing. Any person owning or occupying the property removed or otherwise interested; who objects to CD22:5 § 22 -34 GULF STREAM CODE the proposed removal, suppression or abatement or levy of a special assessment under this subchapter, must present in writing to the town manager, his or her objections, within ten days of the mailing or posting of the notice and must request a hearing before the town commission, or the person shall have deemed to have consented thereto. The hearing shall be on the first regu- larly scheduled meeting following the request for the hearing. After the hearing, the town commis- sion, in the exercise of its discretion, may ap- prove, revise, modify or abandon the proposed action. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22-35. Abatement by town. If at the time specified in the notice as provided in section 42 -91, the nuisance has not been re- moved, suppressed or abated, or in the event a hearing is held by the town commission and the notice is upheld in whole or in part, the town manager shall cause to be removed, suppressed or abated the nuisance referred to in the notice according to the terms set forth in the notice or, in the event of a hearing, in the manner approved by the town commission. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22 -36. Levy of special assessment lien against property. (a) The town manager shall, as soon as prac- ticable and within 30 days after the completion of work as authorized in this subchapter, ascertain and determine the actual cost thereof and the respective portions to be home by the town if any, and the owners or occupants of the property involved and, thereupon shall notify the owner or occupant, in writing, of the amount required to be borne by the owner or occupant. In the event said amount is not paid to the town within 30 days of the date of said notice in writing, the town com- mission, by resolution, fix, levy and impose a special assessment against the property involved in an amount not exceeding either the actual cost of the work, or the estimated special assessment stated in the notice. (2) Date of completion. (3) Total cost. (4) The proportion of such cost to be financed and defrayed by special assessment. (5) The unit or basis for distributing the amount to be specially assessed among the several parcels of property where more than one parcel is liable for assessment. (6) The fact that a lien has been assessed by the town with a complete schedule or breakdown of the specific amount of spe- cial assessment levied and imposed against and upon each respective particular par- cel of property involved, showing in detail the description of the property, name of owner and amount of assessment as sev- erally and respectively levied and im- posed. (7) That such liens shall bear interest at a rate of eight percent per annum com- pounded unless paid within 30 days after publication of such resolution. (8) That the town clerk shall forthwith have prepared and filed of record, the amount of such lien assessed against each parcel of property, the date of completion of such work and such other information as may be deemed appropriate. (9) That the town clerk shall cause the reso- lution to be published by posting, or pub- lication in a newspaper, as required by law. (10) That the town shall have, assert and possess alien, superior to all other claims, except taxes, against and upon the prop- erty as therein described for the respec- tive amounts of such special assessments as indicated above, together with interest and costs of collection. (11) Commanding the town manager to en- force collection thereof. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22 -37. Civil actions. (b) The resolution shall specify the following: In addition to the other remedies and charges (1) Description of the work performed. provided in this article, the town attorney is CD22:6 RECORD AND RETURN TO: WILL CALL #85 JOh%Q RANDOLPH, EsgL��e II�I111NIIINIIININIIIIIIIIIIIIIIIIIUIIIIIIIIIN Jones, Foster, Johnston '& Stubbs, P.A. P.O. Box 3475, West Palm Beach, FL 33402 -3475 CC Zr CODE ENFORCEMENT ORDER zi a TOWN OF GULF STREAM, FLORIDA -�o TOWN OF GULF STREAM, Petitioner, V. CHARLES SUNUNU, Respondent. ORDER ASSESSING FINE Case No. CE1 -06 Re: Violation of Sections 22 -31, Parag.(15), of the Code of Ordinances of the Town of Gulf Stream. Address: 820 CANARY WAY Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 26 The Special Magistrate appointed by the City Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 9"' day of May, 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, CHARLES SUNUNU, was present at the hearing and there was a finding of proper notice. 2. The Town Manager, Bill Thrasher, testified to the continuing violation. CONCLUSIONS OF LAW a Respondent remains in violation of the above listed code sections of the Code of Ordinances of the Town of Gulf Stream. m a n r M M X 0 m 0 n 0 M M M m M N C) s w m C11 0 I= i M a �a cog a ff, rn 0 0 1n w 1 03 U1 J 03 N za rn w U r- m z c K N� a a 0 m c,s a a 1* T:3 ORDER It is the Order of the Code Enforcement Special Magistrate that Respondent, CHARLES SUNUNU, shall immediately comply with the above listed code sections of the Code of Ordinances of the Town of Gulf Stream. A fine of twenty- five - dollars ($25.00)per day is hereby assessed for the violation that has existed. The fine is imposed beginning April 22, 2006 and will continue to accrue at twenty -five- dollars ($25.00) per day for each day the violation(s) continue 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 Respondent to notify the Town of Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 9h day of May, 2006. TOWN OF GULF STREAM CODE ORCEMENT n BY: - —i"z ' . Special Magistrate b 2n22222 1 [2.221 2.222L9001 1,22a.00� Palm Beach County Property Appraiser Property Search System Page I of I Property Information 1 2007 2006 Location Address: 820 CANARY WALK Vlew Map Municipality: GULF STREAM 14794/1202 $10 ( Calculate Jan -1991 10143/1288 $100 1. Portability Parcel Control Number: 20- 43- 46- 04 -22- 000 -0260 $12,000 WARRANTY DEED Proposed Subdivision: PLACE AU SOLIEL Tax Notice Official Records Book: 14794 Page: 1202 Sale Date: 3an -2003 Reverse Side Legal Description: PLACE AU SOLEIL LT 26 Owner Information Name: SUNUNU CHARLES V All Owners Mailing Address: 820 CANARY WALK GULFSTREAM FL 33483 6104 amcb anlul nlauun 1 2007 2006 Sales Date Book /Page Price Sale Type Owner Jan -2003 14794/1202 $10 WARRANTY DEED SUNUNU CHARLES V Jan -1991 10143/1288 $100 QUITCLAIM Jan -1972 02069/0256 $12,000 WARRANTY DEED oxempmunb Regular Homestead: $25,000 Year of Exemption: 2008 Additional Homestead: $25,000 Total: $50,000 Tax Year: Improvement Value: Land Value: Total Market Value: 2008 1 2007 2006 $118,422 149 968 151 117 261 625 373 750 373 750 $380,0471 523 718 $524,867 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate J J T .L1. • .1 msse.s eu and Iaxau1e VOI ucO Tax Year: Assessed Value: Exemption Amount: Taxable Value: ,__ .._I Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 2006 169 769 164 824 $160,804 50 000 25 000 $25,000 $119,7691 139 824 1 $135,804 2008 1 2007 1 2006 2 138 2 297 2 414 156 126 122 $2,2941 2 423 $2,536 Tax Collector WebSite Property Information Number of Units: 1 *Total Square Feet: 2636 area. Structure Detail Tax Calculator Details 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 1papalaspxlwebldetail_info.aspx ?p_entity= 20434604220000... 5/6/2009 -�''( m �V N G ° °o § ° )�/ 2 °m c25 /§ () k $ (� j@ ;2 m ` [ § q§ @ CA ' a /§ g2;m,- [) - 2 2 ]m §§ii ƒk /� ,« ) ; m A§ �% \ ] ! ±_ 8( \k « k� 2 q ] #i # ( §_ § cQ § §k b �\ m z • i CD ` /} § / 3 | §; La [ ; co �0 0@ S 0 ` k ®� )m o e \o \ § 0\ x0 arreom.) ; 9, f §/§ k§ ` G§ E ° 22§ _jk |;§ _` 2 §)\ , 22 a m (§0 §/§ �\j( § ;m °! e § ( E.i e m ; �)w § �2� - m ^� ( § )�\ f /C) k f K m g §a ; �z e \ ; o 0 m�` f 7\ - �0 mllrt.) -M ) _ m § ` 2 j � - -9/ EO22 \ ) ( §%; \I /m 3 En m 90 / ) /2 =z M /`k q m �§02 ! q, m 7§ « [ ° §_m ) %> © o.$ R \& z coo§ \ 0 - o=ycn §9[ §a§ 2 m °� ?/] \ k \k 2j0 2os)) 22§ ` \� ` \( M j§ C: Article addressed to: Charles V. Sununu 20 C nar G if �t am, FL 33483 Article No. 127 Date Delivered �C?� �67776-21 ;2y% Agent Signature ©9 -©6s9- COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. OEYR7 ill CHRIS 0. WHEELER MURIEL J. ANDERSON TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Telephone (561) 276.5116 Fex (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR June 20, 2008 Hand Delivery Mr. Charles Sununu Article No. 116 820 Canary Walk CERTIFIED MAIL Gulf Stream, Florida 33483 RETURN CARD REQUESTED Dear Mr. Sununu: It has come to our attention that there are several code violations on the property owned by you at the above address. These violations are as follows: 1. There is stagnant water in the swimming pool in violation of Ordinance 04/4, Article II., Section 22 -31, Paragraph (15). It was noted that some of the pipes are disconnected and laying in the yard, violation of Ord. 04/4, Article II., Sec.2232,(7). 2. The edge of the roof over the open porch has rotted away and no attempt has been made to repair it. This is in violation of Ordinance 04/4, Article II., Section 22 -31, Paragraph (7) and Ordinance 04/4, Article II., Section22 -32, Paragraph(7). 3. The roof has not been cleaned /painted for sometime allowing it to become unsightly which is in violation of Ordinance 04/4, Article II., Section 22 -32, Paragraph (5). This is to be considered official notice to correct these violations within 15 days. Failing to comply with this order shall result in future action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a copy of which is enclosed along with copies of other sections mentioned herein. Very truly yours, wa4t1N/ )f, TJ„ra,RkU- William H. Thrasher Town Manager Encls. inn CcA Rnnn I:lir c cTOVeAA PI )mint; ��dR� ��n Dm��C2��Z z Q' m 69D ��O ��m O�� N�� p�� ��Cmc00D m x C cZ ��0 ���� ��C Cm O x n r m ��z z3 m0 N m A x��zwmm mZ_icc0o N m OT zm C0 2m 0O DA Zm ��T m ��y 030 -qOm z m v n" Dm cn Do ���� mn_ N m --IM- 0r -,O m O O =z m < CO <O obi ��DQ��nm O����x��D A Q' = m Fv < Tvr yp rT. m1 �� O" C m c N N�� -1 ---ID z a 01 0 VV M Z��y��n�� O m -a C m D m a ��D x-u o ��'z 0 c z c ������cn K3 m (D '" -00o.;um A Q' z fn 'a _ m cO��z cD 0 3 3 'm mG 0 I A a m m fn Z<zmcm m 0 3 c�� CD ym0 r 7 .�� i z m -I x x 0 m o w w O m O c r zm <r a O 0 m m w mx�� ���� m m 3 0m 0 N pn OO Oc x m 0 < a z m <mm OT 3 m z OD N N z oOm D�� m 3 oN ��c m oc m m�� :t< , .�� O Z (n m =�� O < N N O N N T O l GC0 cm m X 0 y 06 z y (n z Dy o z vi z Dy o --I O�� -1 A `2 3 y D z7 x y m N m 32p Or# m 0 < 0 O0 c OO 0 DD r Z m�� mm m m z m O o ��Mcz 00 0 0a 0 3-1 m z (7 �� T rD > r MCZ N M rN { O rm-DI m �� O < y N TN ��N N -nN U) N w N A 9 O Gm ����2 <m z -y�� m ��'' Z mzm C0] m r m m [n O O A D y T > 3 0 or DSO 00 z " ��-1 T T 0- ��m '�� Ozz x" m O m w w O NTH >. Dfn 00 A D 3 w A w A .Z7 ZC < T w w O z;0( 5 oz m r m- C m- o��T mO c NA Ooh 0�� y 0 mm ��i = -1 -u = 1 N " m- m fn (nO��z om r m 0 m 3 Am ry �o m NO 'v m m KFn DO m 3 0 Z m C M* O Q' Q' Q'Q' mr- Z m Am cn 0 *�� X00 m w ��p -1�� mAO�� z��Z xm y p m x O�� Dmtnm Om0 0�� v 2 j o A <ZIrZ Dmx DD z m ������v 0 fn m A N m m m C M M M Ow0 CO -9 r my O O D m < Qm' m m mm m 0 <O0 Z v A C7 xzm <C r x mM�� MZ x M c ---i m ��m0 1r m coo -q zm�� mD .Z O Z N n N 0cn(n N i C m m M _m A 0 1 0 < N N N m, N N rn, N -1 O mm �� x��v mZ7 mz OX G) = = m i ;0 = z N 2 mz N 2 mz �Q' C "�� .im1 mK OZc 22 0;0 m m m om :E ��D z rnm rnm Ao yy m ?Z fns 1 ZA A ORDINANCE NO. o6 1o2 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." 1 Sec. 2-67 Special maetermagtst -, term. (a) There is hereby established a special $400erMM9121= who shall be designated by the town commission. (b) The special mastermaoistrate shall be appointed for a term Of two years and shall be appointed to serve in an ex-officio caoa itv If th _pedal maoislrate serves other local govemm nts as a si3ecial maoi�trate Such service to other to al governments dos not create duties inconsistent with serving q� ep cial magi§tMte to the Town 2f .utf Stream. (c) The special RR@N MAgLLr= shall be an attorney and a member of the Florida Bar. (d) The special ffia,sterMpqjqarjLt shall serve at the plea -sure of the town commission. (e) The special mastermagisirate 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 R+asterm gjstrate; all hearings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special masierma i r 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 Sec. 2-68. Jurisdiction. (a) The special iti, a maoistrate 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 mastermaaistrate 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 c r and request a hearing. The special P;a&1e;Maq:i§LrjJr, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2 -75 to the violator. At the option of the special m 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 masiermaoistrate even if the violation has been corrected prior to the special ma a istr a 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 masteia2Z2j trate and request a hearing. The special mastermaaietrate shall schedule a hearing and shall provide notice pursuant to section 2 -75. The case may be presented to I the special wast6i'm .a9hj.rp.W even If the repeal violation has been • I corrected prior to the hearing, and the notice shall so sate. If the repeat violation has been corrected, the special i 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 r. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special waG46;TnL9jLr& 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 Rh1st9qaLqtjLr= and request a hearing. Sec. 2 -70. Conduct of hearings At the hearing, the show by substantial competent evidence burden dente hat a v olati n did occur or does does exist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether • or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special masteq a i=tr to may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the I town attorney and his /her designee shall be permitted to inquire of any witness before the special raasterma i tr The special raasterrnao�stratg 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 rAasterma is re a shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the Proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns. Sec. 2-71. Powers. The special maasierna 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. (8) Authorize the reduction of any fine he /she has imposed Sec. 2 -72. Administrative fines, costs of re -pair; liens. (a) The special a is r , upon notification by the code inspector that an order of the special 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 mastermaais 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 maelerma is r . In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special 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 raaslermaoistrate 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 raaslermaoistrote finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the special M26termaoystrat� shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. • (d) A certified copy of an order imposing a fine may be recorded in the public record and thereafter shall constitute a lien against the land on which the violation exists, and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until a judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. 'A lien arising from a fine imposed pursuant to this section runs in favor of the town and the town may execute a satisfaction or release of a lien entered pursuant to this section. After three months from the filing of any such lien. which remains unpaid, the town may authorize the town attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. Sec. 2-73. Duration. No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosures. The town shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the • commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of [is pendens is recorded. Sec. 2-74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special R4afiL-FM-R9Ls1r-§J2 to the circuit court of Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special a iq r . The appeal shall be filed within 30 days of the execution of the order to be appealed. Sec. 2-75. Notices. (a) All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in this section, at the option of the special Masts maoiglrate, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm Beach County, 5 . , 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 dale and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or Posting as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. Sec- 2-76. Procedure to request that a fine or lien imposed Pursuant to section 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine er- i has been . imposed pursuant to section 2 -72 may apply to the special rAastermao�_i! rQ.W. through the town attomey or his/her designee, for a satisfaction of the fine Of-lien-with less than full payment thereof. No such application shall be considered by the special masteflMM&Lr& 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 rags {ermaoistrate with less than full payment thereof, unless the special a is r shall make a specific finding that no violation of any ordinance de- scribed in section 2 -68 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to section 2 -72 that is reduced by the special masterm i, r shall be paid on such terms as approved by the special mastermaaisirate. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, 0 sk the special raasterm i r may reduce such fine even it the violation has not been corrected. Sec. 2 -77, provisions supplemental and cumulative. Nothing contained in this division shall in any way bar or prohibit the maintenance of a suit at law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from filing charges against any person, fine or corporation violating any town ordinance as provided by existing laws. This division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. Sec. 2 -78. Alternative code enforcement procedures. The town may employ other methods of code enforcement including, but not limited to, the issuance of a notice to appear in county court or arrest for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a definite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law." Section 2. Severability. It any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions of applications, and to this end the Provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 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: Cle� N:UCR113147.01%Ord Chapter 2 Code EnI.DOC Commissioner Corrlmissloneer 7ywtrdr O eG.r se.J Commisslone F u I IL- ! c,oz ! 2 ƒe; om /<m) /, �0 > §Z m - m m 22 ;g \]Mm ) > ;a ( / §$\ }\ §\ /d %2 ;mgr 2G) moozmm °m4 7 � °8722§ / mm X ° - E m m / (! //2I % e> {! ;i M ; §7f�(/ \ ] ] \� ;az m i � ƒ < §( Omz <-m § 2\ ( , - - m -1 x 9) ( 3 - ) /[G§) - m a c «;m)/ [§m(cn 3 -i}{ \ c } ) m0 , § zV e o =o ` (§ ( j�\{ a \o mk \ k M m S(ioam) m a § ;u U) 0 [ 22 $§ § omz- k ` ° -,- 2;7 m @;; „ 2m)o , ® ®*�\ / § �® | ;u ;mwm 2 ) g ®j° ' §\a Go` 8K -4 g o ; <a °$ e \ zN-< e @ §) ;u § ,§, / ,§, \ meo § m/- a ( § :cn : \ ) Cn Z / § \ `�Z \! q j § \��;` 2 ])j� m ' Z m >Qm § mmz> _m ! !{,/ : m 2227 0 ( z m �/9 nmo� _ =z - 2 %R \ \\() _ > 4 E2/{ TM% �M3) k \0 ` \ \j\ ®§ ®R K {()( §)@2 m G) r ! a ,m ` A`k ) dz\® �§R« ° @-4 0 7§ $ \ momn ®§9m § )# o k )[ \( [ \; § 2 022§ / }§ L e),m > 0 0 \ \} 0\} �Km Z >U) 0No c N 1 t T� l\ Z Q� �A C� 1a ;Q 9 I� R 5I "V N c A 44 K, Ni 0 omZm x < c *Oz nmDx m O ZDFnm x Z ❑ D < ? < �� o `r ox mm m �< On *� �o o0 �� 09 �m l7. p 0 tno-oaz�z —mm r z W ° x O c z no no z (nz D m-4 orn�=mx mW m m m p z �-pi cnm p0 Z� 0M a m CA 0 �xmmNOxD�m -0jD m m O mA Dm xz o- 0110 z- mm=°m=m��oc=D=� cn m o o _ M v Zw c0 Ap -i m d z �� m xZmO m(n _ <Dox m03OOm j m X m z v z O m 0j m r3 05 Do Dm z O O' -, GJ=Xomwc <-�m 0 x� VV C A m (gym A G1 xz Dz < fD �cKm0fnc - I.MO'Oa O cm's m Z O L) 0'�h O r2<Z�z Ommw =-- < -� r n Dix Dr= xx -m G) m ❑ z O Na I•h mx mnim> mD �(n�(n Om mo DZc=Dm 0 ?' - 3 a 3 -mi D m z A �^ xmz�y� co m�vn <oDmom m xo P :� mmm=zc m o c CD r 7 �xoz�C/'m {xm�0 mm0 -0y OD5z.Z m w� ��xm=-0 0 m ° m c�iimzm0 m w D -DI CEO Z D�mO <c>xKz O m O r m --11 O< zo Zu fig N = o�x0 < n = o rD� �DmD: o m ��< v 3 m GN7 m N m< Xi m N r —0 < a t , O �ZZZ' 2 O 'm2mfil 3 N m N w 0 (Cn N f�Tl Rl N 0 A O z Dw z Dw z �� O< -1 -DI .Z�1 rtO1=O� _ ci D m ml�mnm0� Z ���� 3 A m N ti D N pD -1 N 0OD -1 .m m-NI m r _ =- c m Z�. -I m 0tn o m m m ° m D o D o D �-Di 0 z 0 o O i -00 Z'�u)zm o 1 m G)o m Goo m _ m x m mo - -I MM m X-4 +nZ O m a < y r m m N N N rM mN N N r N w- -ZC m xo 0mc mmmm =mm(n c fk O m N cn NN w9 O Omo— -I m 3 z OO�mv� O` <D 3 N D y m D D w O C?— W' 2 c r� A D 0 � 3 � Z x w --1Km 3�Z� m z O r �z O mx;0— m OxOZ m o w w -� T, we m x *mom O A A A o 00c(n x m mCD O r M -4 r < m w w m T O O ° z C C 3 y m 2 2 z ma'zm p y I _ Oz03 m it D >G) O mZ�m v m is r z= m -I>mrn O z AO0O x O 3 v °� 2OON m o ow" m m °amp o9 x x vxxd2i mm m mm00 2 M Z D N m D 3 z 2 O Z {oCC�= = xD�� y D OxO O °p m CODE] m Pr IF D m a oA �m � 000 pr0X m 3 3D *m v o x op�0 Dm�Z ��Cm .< m Dz�w =VI0K o O oozm x z { T m N <x�m ZMZ: O m x N 3 �m x O -10D0 L7 mm z m o0 <� om Oa n m < CDm0 O1 D -mho �O ox m :O �D0-D4 n --I mono O — O i v {X -mi 0 x0 xmm0 mmr= z om ° 0 c r = cn xmcm r 0��< v m ❑ ❑❑ ��OT1 -mi =zz0 � -- 0 m 0 D to j"' O z y 0 O to (n w m m x m x (nZ�? x .m mD�� N Q�N w mw N 1 m m SDm ��zo m m mom0 z v....v =--v = oz mm� om �- m mZ K m ZZ x z Nx mz o ivx rnZ o ®❑ „c m �m mg vi? m� m °gym m m om z - ZIz o� 2 m m �m mi N o m cn rn