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01/09/2008 * Case #CE-1-08 * Arnold
Building Planning and Zoning Department Town of Gulf Stream 100 Sea Road Gulf FL 33483 Hand Delivered Article 11112 Ph. (561) 276 -5116 CODE ENFORCEMENT SPECIAL MAGISTRATE Fax (561) 737 -0188 TOWN OF GULF STREAM, FLORIDA CASE NO: CE 1_08 January 9, 2008 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. Location/Address where violation(s) exist(s): 945 Indigo Point, Gulf Stream, Fl. 2. Legal Description: pl,rA AllgnlPi1 lot 72 (1ess parcel in OR2172 P1699) 3. Name and address of owner /person in charge where violation(s) exist(s): Mark Arnold, 945 Indigo Point, Gulf Stream, Florida 33483 4. Violation of Town Code Section(s) and description(s): Section 70 -49(4) rohibits displaying items for sale at a later date and also prohibits yard sales; Section -446 prohibits display of all signs on private property except real estate signs u and signs csplaying residents name, s ee numer, en r ca�ff-Z-eK!t� appropriate for driveways. (SEE ATTACHED "EXHIBITS OF VIOLATION") 5. Date of First Inspection: 12- 28 -07; 1 -6 -08 (2nd Insp.) • 1 -8 -08 (3rd Insp.) 6. Date owner first notified of violation(s): 1 -6 -08 7. Date on/by, which violations are to be corrected: 1 -7 -nR * * * * * * * * * * * * * * * * * * * * * * * * ** *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 Jan. 29. 2008 at 10 A.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his/her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE .ra., 19, 9008 , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION. If the Special Magistrate finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered. If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Magistrate with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such - purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is to be based. (FS 286.0105). PLEASE GOVERN YOURSELF ACCORDINGLY. By: Rita L. Taylor, Towd Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561 - 650 -0458 Direct Fax: 561 - 650 -0435 E -Mail: jandolph @jones- foster.com January 8, 2008 Ms. Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream Florida 33483 Re: Town of Gulf Stream Mark W. Arnold 945 Indigo Point Our File No. 13147.1 Dear Rita: Hagler Center Tower, Suite 1100 505 South Hagler Drive West Palm Beach, Florida 33401 Telephone (561) 659 -3000 VIA FAX: 737 -0188 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402 -3475 It appears to me you are on solid ground in regard to the notice to Mark W. Arnold. I would simply take it before the Special Magistrate and see what she decides. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. Aandolph JCR /ssm www.jones-foster.com �w Q p \ dl o � � a N � r V � b �1 G1 Ili Z b 0 0 `I O m X0 cn cnD M 0 Dm X z ❑ < m < b3D O 0M mm �< On �D0 NO - Ov '-! 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ZO m N z cnx m 0z m 0 m Z1 -D 0 m 0 3 m AD 0 Slot' A N m m m A z O 0'o X 0DD 3 w my w °oy w r m < A O� .N.. j?G) zc zpm m z O o Z cnz Dw O z cnz Dw O z �0�.1 -j 0 -4 m m 0 0 D0 0 D0 Z ,LZ cn �Z� m o 0 G a D �m 0 n A� rit m=z j z O A cm A M cA A z { 0 D0 O Imo zm m m D < N m T (m/1 rn "rm N fm /1 m rN wv 0 Ohm w 0 N 0y my O Z z 00 zzz U1 -i w v0< z r O 0 m r --1 m -1 x A W M bp= � D w m D D O n ZG) cn - -m =� z T m ON fm mm °m Z=v m 0 D D m 0 o w w w w O X O AM r Z < un�x O< p m m rnr m mmm C) m z m m0 x0 o � ° z m O2z Or Z �A jl Oz 0 0Z= cn 'm m �� •. ^' G)? m �mm k ;il= AZ G) C; = O 3 No r m D 2 rn =D �D n m z m N m m° ° m anm m Mfn m v 3 00 O z Z 2` -m m m Fn m m y ❑ ❑ ❑❑ mm �O m wm co Ln -iQ z m �"z mm GO ix 0Z z �m > ° z x --Do*0 O -V *a a Z �= v ,� ° amCDZ <-T7I -U -V =0 0 Z ami < m -I 0 ZO m m U) PO m �m Nm w0 0a cps o m D m %0 < -Di 0z x m0 3 <A D z c (n D T Z O 0 z v r () x -1 -4 m 3 � x ;am 0 c cn 9 -i m m Om p� p �0 v -DI N ❑❑❑ -1 m c m c M m m c X m ma m zA G) z x< o z w m m D 0cncn m Zz m D� ;� ;� oZ m _,-a O �f3il� OD Z 'J< �7D O v0 O v0 ON uOiC mZ 0 Fn- 0-� z m m z m m z m om zo, m zm pm :0� �mm o� jm mz m •'a fns {p m rn TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 6. DEVITT III CHRIS 0. WHEELER MURIEL J. ANDERSON January 4, 2007 Mark W. Arnold 945 Indigo Point Gulf Stream, Florida 33483 Dear Mr. Arnold: NOTICE OF VIOLATION Telephone (551) 276 -5116 Fax (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clark RITA LTAYLOR HAND DELIVER Article #211 It has been observed that you have a vehicle parked in the grass in the front yard at the above address that displays a FOR SALE sign and a phone number. This is in violation of Section 70 -49(4) which prohibits displaying items for sale at a later date and also prohibits yard sales. It is also in violation of Section 66 -446 of the Code of Ordinances which prohibits the display of all signs on private property except real estate signs and signs displaying the residents name, street number, entrance and exit as appropriate for driveways. This is to be considered official notice to correct these violations within one (1) day of receipt of this notice. Failing to comply with this order shall result in an appearance before the Special Magistrate and further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances. A copy of the Code Sections listed herein is enclosed for your reference. Very truly yq'11zs1 William H. Thrasher Town Manager Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 F 2- a 5O O rt W W F W HI ® [t J7J N C N -1 O g z moo D ° m 5: m T r C 0 ° -n o r W .Z] W m co n W 9 R rt r m n �I-Pon� " rn x rt H. 0r �or ro a' a m0 a O rt N N �. N a Li Li o DO w rt rt N H rt r F Cr N a ?\ O V H C z z n t� H ro H " G U L F S T R E A M D E S I G N M A N U A L � 7 0 - 4 9 A R T I C L E I I I . U S E R E G U L A T I O N S " S e c . 7 0 - 4 6 . G e n e r a l l y . T h e f o l l o w i n g u s e r e g u l a t i o n s a r e i n t e n d e d t o p r e s e r v e a n d p e r p e t u a t e t h e e x i s t i n g r e s i d e n t i a l c h a r a c t e r i s t i c s o f t h e t o w n a n d a p p l y t o a l l f i v e s i n g l e - f a m i l y z o n i n g d i s t r i c t s . S e c . 7 0 - 4 7 . P e r m i t t e d u s e s . T h e f o l l o w i n g u s e r e g u l a t i o n s a r e p e r m i t t e d : S i n g l e f a m i l y d w e l l i n g s S e c . 7 0 . 4 8 . A c c e s s o r y u s e s . T h e f o l l o w i n g a c c e s s o r y u s e r e g u l a t i o n s a r e p e r m i t t e d : ( 1 ) U s e s w h i c h a r e s u b o r d i n a t e t o a n d c u s t o m a r i l y a p p u r t e n a n t t o , s i n g l e f a m i l y r e s i d e n t i a l o c c u p a t i o n r e s e r v e d f o r t h e p r i v a t e e n j o y m e n t o f t h e o c c u p a n t s a n d t h e i r n o n - p a y i n g g u e s t s a n d w h i c h m e e t a l l o t h e r r e q u i r e m e n t s o f t h i s c h a p t e r a n d c h a p t e r 6 6 . ( 2 ) C o o k i n g a n d b a t h i n g f a c i l i t i e s i n a c c e s s o r y s t r u c t u r e s , p r o v i d e d t h e a c c e s s o r y s t r u c t u r e s h a l l b e u s e d o n l y f o r o c c u p a n c y b y l e g i t i m a t e , n o n - p a y i n g g u e s t s , f a m i l y m e m b e r s o r d o m e s t i c a s s i s t a n c e e m p l o y e e s o f t h e r e s i d e n t s o f t h e m a i n r e s i d e n c e . I n n o c a s e s h a l l a n a c c e s s o r y s t r u c t u r e b e r e n t e d , l e a s e d o r u s e d s e p a r a t e a n d a p a r t f r o m t h e m a i n r e s i d e n c e . " S e c . 7 0 - 4 9 . P r o h i b i t e d u s e s . ( a ) T o p r o m o t e t h e p r i v a t e , p e a c e f u l , r e s i d e n t i a l e n j o y m e n t o f p r o p e r t y i n t h e s i n g l e f a m i l y z o n i n g d i s t r i c t s i n t h e t o w n , a n d t o p r o t e c t t h e s e d i s t r i c t s f r o m t h e n o i s e , t r a f f i c , c o n g e s t i o n , c r i m e a n d t u m u l t a s s o c i a t e d w i t h n o n r e s i d e n t i a l u s e s , n o n r e s i d e n t i a l u s e s s h a l l b e p r o h i b i t e d i n c l u d i n g , b u t n o t l i m i t e d t o , t h e f o l l o w i n g : ( 1 ) T h e c o n d u c t o f a n y p r o f e s s i o n a l , b u s i n e s s , o c c u p a t i o n , o r c a l l i n g . ( 2 ) H o m e o c c u p a t i o n s a n d o t h e r h o m e - b a s e d b u s i n e s s e s . ( 3 ) T r a n s i e n t u s e s i n c l u d i n g , b u t n o t l i m i t e d t o , t i m e - s h a r i n g u s e s , c o r p o r a t e r e t r e a t s a n d p r o p e r t y r e n t a l s w i t h l e a s e t e r m s o f l e s s t h a n t h r e e m o n t h s . ( 4 ) O t h e r n o n r e s i d e n t i a l u s e s i n c l u d i n g t e m p o r a r y u s e s , w h e t h e r o r n o t t h e y b e n e f i t c h a r i t a b l e o r g a n i z a t i o n s , s u c h a s : A u c t i o n s a n d s i l e n t a u c t i o n s C o m m e r c i a l s t i l l p h o t o g r a p h y C o m m e r c i a l m o t i o n p i c t u r e s / v i d e o s D i s p l a y o f i t e m s t o b e f o r s a l e a t a l a t e r d a t e G a r a g e / y a r d s a l e s " H o m e t o u r s a n d s h o w h o u s e s T a g / e s t a t e s a l e s T r u n k s a l e s a n d e q u i v a l e n t i n - h o m e d i s p l a y s a l e s ( 5 ) A i r c r a f t l a n d i n g p a d s a n d s t r i p s , w h e t h e r t e m p o r a r y o r p e r m a n e n t . " ( 6 ) A n y o t h e r u s e n o t s p e c i f i c a l l y p e r m i t t e d . C D 7 0 : 2 3 § 66.431 GULF STREAM CODE but such uses shall not be extended and all future changes or alterations shall conform to the set- back line. (Ord. No. 83 -1, § 2(X, D, 1-3), 4 -8 -83; Ord. No. 00 -1, § 23, 3- 10 -00) Sec. 66 -432. Coastal areas. Construction in coastal areas of the town must comply with all of the provisions of the "Palm Beach County Coastal Construction and Excava- tion Setback Ordinance No. 72 -12" and the con- struction control line established by the state bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a conflicting town ordinance. (Ord. No. 83 -1, § 2(X, D, 2), 4 -8 -83) Secs. 66- 433-66 -445. Reserved. DIVISION 7. SIGNS Sec. 66 -446. Restriction generally. (a) The erection, display and maintenance of a sign on any property or building within the town is prohibited except the following, which are per- mitted: (1) Signs required by the town or other gov- ernmental agencies where required by law and those which are necessary and incidental to the performance of govern- mental activities and responsibilities. (2) Signs required by a club designating and naming the club as well as those signs providing notice to the public designed to prevent trespassing and/or the use of the club's property by persons other than those authorized by such club. (3) Signs required by owners of private prop- erty including their agents and contrac- tors shall be limited to: a. Only one real estate sign, which shall be removed within 48 hours of the sale or rental of the property on which the sign is located. b. Only one sign which identifies con- tractors and/or subcontractors and their building or renovation activi- ties only in relation to such activities as are being conducted on the partic- ular property on which the sign is to be erected, displayed and main- tained. Such sign shall be perma- nently removed prior to the issuance of a certificate of occupancy or final inspection for the building or reno- vation activity described on the sign. (4) Owners of private property may erect, display and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such property. (b) Except for the designation ofresident name, property owner, location, or address, the erection, display, and maintenance of an illuminated sign on any property is strictly prohibited. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83) Sec. 66 -447. Specifications for permitted signs. Any real estate sign offering property for sale or rent may be double -sided in design, however. It shall not exceed two square feet in total dimen- sion. Color of signs shall be a white background with black lettering thereon. There shall be no raised lettering. Further, no such real estate sign shall be extended or hung from a pole or poles, but shall be enclosed within a metal frame, The supporting member of the frame of the sign shall be installed into the ground to provide that the top of the face of such sign shall not be more than four feet above the finished grade of the ground. Real estate signs shall consist of one sign only, and there shall be no accessory signs attached thereto or located within the frame in which the real estate sign is enclosed. Any other sign per- mitted herein shall not exceed a dimension of two square feet, the color shall be a white background with black lettering thereon and shall be single - sided in design. All real estate signs must be located on the premises of the property being advertised for sale, no such signs being allowed on the public right -of -way or off -site. Any sign erected, displayed or maintained in violation of this sec- tion shall constitute a violation of this chapter. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83; Ord. No. 92 -3, § 1, 9- 28 -92; Ord. No. 03 -5, § 1, 10- 10 -03) CD66:90 • • • r1 L J ORDINANCE NO. 06/02 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2, Code Enforcement, to read as follows: "ARTICLE III. BOARDS AND DIVISION 2. CODE ENFORCEMENT Sec. 2-66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." Sec. 2-67 Special ma&WMggistrate; term. (a) There is hereby established a special n4astefMagisLralLe who shall be designated by the town commission. (b) The special RiaGterMgaWr& shall be appointed for a term of two years and shall be appointed to serve in an x- officio aoa itv if th spepial magistrate serves other local governor nts as a special magistrate Such service to other local gov rnm tc Hna not r _ + du ies incon§' nt with serving as spar' I magi lrgtp to th Town of ufl Stream. (c) The special Ma&tefMRgLsLr& shall be an attorney and a member of the Florida Bar. (d) The special maetermagis trate shall serve at the plea -sure of the town commission. (e) The special mastermagistrate 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 a istra e; all hearings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special maGIerMAgj§Lr& 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 maetermagistrate. 1 the special fRast6f_magj§jr& even if the repeat violation has been • I corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special i r M 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 raastermao strafe, A repeat violation is a violation of a provision of a code or ordinance by a person whom the special raastermao®st= 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 wKIsteiMagi r and request a hearing. Sec. 2 -70. Conduct of hearings (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted, (c) The special a i rte may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his /her designee shall be permitted to inquire of any witness before the special FRaGte maoistMte. The special raastermaoistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the special a is ra 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 A;astGr_maRj2Lrjj shall have the power to: (1) Adopt rules for the conduct of his/her meetings and (3) Any previous violations committed by the violator. is (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 entdled 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 lis pendens is recorded. Sec. 2-74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special is r 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 wastsfMagil "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 master i r , 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, " s k t h e s p e c i a l ' r m a y r e d u c e s u c h f i n e e v e n i f t h e v i o l a t i o n h a s n o t b e e n c o r r e c t e d . S e c . 2 - 7 7 . P r o v i s i o n s s u p p l e m e n t a l a n d c u m u l a t i v e . N o t h i n g c o n t a i n e d i n t h i s d i v i s i o n s h a l l i n a n y w a y b a r o r p r o h i b i t t h e m a i n t e n a n c e o f a s u i t a t l a w o r i n e q u i t y b y t h e t o w n t o e n j o i n o r c o r r e c t a n y v i o l a t i o n o f t h e o r d i n a n c e s o f t h e t o w n , n o r t o b a r o r p r o h i b i t t h e t o w n f r o m f i l i n g c h a r g e s a g a i n s t a n y p e r s o n , f i r m o r c o r p o r a t i o n v i o l a t i n g a n y t o w n o r d i n a n c e a s p r o v i d e d b y e x i s t i n g l a w s . T h i s d i v i s i o n s h a l l b e c o n s t r u e d t o b e s u p p l e m e n t a l a n d c u m u l a t i v e w i t h a n y a n d a l l o t h e r r e m e d i e s a v a i l a b l e t o t h e t o w n a n d n o t e x c l u s i v e . S e c . 2 - 7 8 . A l t e r n a t i v e c o d e e n f o r c e m e n t p r o c e d u r e s . T h e t o w n m a y e m p l o y o t h e r m e t h o d s o f c o d e e n f o r c e m e n t i n c l u d i n g , b u t n o t l i m i t e d t o , t h e i s s u a n c e o f a n o t i c e t o a p p e a r i n c o u n t y c o u r t o r a r r e s t f o r v i o l a t i o n o f m u n i c i p a l o r d i n a n c e s a s p r o v i d e d f o r i n F . S . c h . 9 0 1 . U n l e s s o t h e r w i s e s p e c i f i c a l l y a u t h o r i z e d a n d p r o v i d e d f o r b y l a w , a p e r s o n c o n v i c t e d o f v i o l a t i n g a m u n i c i p a l o r d i n a n c e m a y b e s e n t e n c e d t o p a y a f i n e n o t t o e x c e e d $ 5 0 0 . 0 0 , a n d m a y b e s e n t e n c e d t o a d e f i n i t e t e r m o f i m p r i s o n m e n t n o t t o e x c e e d 6 0 d a y s , i n a m u n i c i p a l d e t e n t i o n f a c i l i t y o r o t h e r f a c i l i t y a s a u t h o r i z e d b y l a w . " S e c t i o n 2 , S e v e r a b i l i t y . I f a n y p r o v i s i o n o f t h i s O r d i n a n c e o r t h e a p p l i c a t i o n t h e r e o f i s h e l d i n v a l i d , s u c h i n v a l i d i t y s h a l l n o t a f f e c t t h e o t h e r p r o v i s i o n s o r a p p l i c a t i o n s o f t h i s O r d i n a n c e w h i c h c a n b e g i v e n e f f e c t w i t h o u t t h e i n v a l i d p r o v i s i o n s o r a p p l i c a t i o n s , a n d t o t h i s e n d t h e P r o v i s i o n s o f t h i s O r d i n a n c e a r e h e r e b y d e c l a r e d s e v e r a b l e . S e c t i o n 3 . R e p e a l o f O r d i n a n c e s i n C o n f l i c t . A l l o t h e r o r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m , F l o r i d a , o r p a r t s t h e r e o f w h i c h c o n f l i c t w i t h t h i s o r a n y p a r t o f t h i s O r d i n a n c e a r e h e r e b y r e p e a l e d . S e c t i o n 4 C o d i f i c a t i o n . T h i s O r d i n a n c e s h a l l b e c o d e d a n d m a d e a p a r t o f t h e o f f i c i a l C o d e o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m . S e c t i o n 5 . E f f e c t i v e D a t e . T h i s O r d i n a n c e s h a l l t a k e e f f e c t i m m e d i a t e l y u p o n i t s p a s s a g e a n d a p p r o v a l , a s p r o v i d e d b y l a w . 7 § j> x F) z kj\j(\ § �§ . m m0 ( e § w� 00-;u a mf =m ) , �w \) § fn M ) m _ o0S� - ®2 § E q @ (33 0 )> @ § ) M ;(t)� / \ §§ ) /\ ) ( E ® \ / CD ; Z� m K | j§ / \> k § , ! 0 g� _ ° F> )§ k `§ @ M ) \/ g; �\» §, * /g ,K `� § ' M C3 ° 2 ;7 - ( /G ;§ - Z- -I _ §§cl § /j( (§V / § e \ § e 2 ® 0 cn ��� j ��� j j)\ z }� P. ® ` \ ` ;a ; k \ > 0 0` g �)` § o \� 0 j 0 \ § § `& 3 »® _ § /r n m \d m al b Ln Gk ®j 2 \cO § > M \ƒ/2 3 @) 2 \ƒ )�I / /n■ ; o - % �§\§ ) \> 0 /k z \ (n - ! 2§/ §7§ ; § ; m 7 a 7]§ X0 z / \� \M \( /5�m ED / - H - A S V p 1 1 5 / n / D l G O i 3 l - 0 r R R P y ��p c ��Y , 0 . D s ���� / O S ( y F I A I ( j j Q 1 1 3 7 c ' . Patin Beach County Property Appraiser Property Search System PirojpeirkV Property Informatio Location Address„ 945 INDIGO PT Page 1 of 2 l View Map Calculate Portability Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0720 Subdivision: PLACE AU SOLIEL Official Records Book: 15038 81 Mar -2003 Legal Description: PLACE AU SOLEIL LT 72 (LESS PARCEL IN OR2172 P1699) Owner Information Name -: ARNOLD MARK W All Owners Mailing Address- 945 INDIGO PT DELRAY BEACH FL 33483 6109 Sales Date Book /Page Price Sale Type All Sales Mar -2003 15038/0081 $10 QUIT CLAIM ARNOLD MARK W Mar -2000 11671/0663 $537,500 WARRANTY DEED ARNOLD MARK W & Dec -1981 03640/0348 $100 WARRANTY DEED Regular Homestead: $25,000 Year of Exemption. 2007 Total: $25,000 Tax Year: Improvement Valuo Land Value Total Market Value 2007 ' 2.005 $266,997 $269,953 $273,356 $920,000 $920,0001 $800,000 $1,186,997 $1,189,9531 $1,073,356 Property Information Number of Units: 1 *Total Square Feet: 3780 Use Cods 0100 RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year Assessed Value Exemption Amounr. Taxable Value. 7trnz $802,075 $782,512 $759,720 $25,000 $25,0001 $25,000 $777,075 $757,5121 $734,720 lStruc[ure De[ail http: / /www.pbegov. com /papa /aspx/ web /detail_info.aspx ?p_entity= 20434604220000720 &g... 1/9/2008 Palm Beach County Property Appraiser Property Search System Page 2 of? Tax Year: Ad Valorem: Non Ad Valorem, Total Ta 2007 $12,763 $13,4651 $126 $122 _$13,594 $104 $12,889 $13,5871 $13,698 Tax Collector WebSite TaxTa —Ca lculator Details Calculate Additional Homestead J NOTE: Lower the top and bottom margins to 0.25 on File ->Page Setup menu option in the browser to print the detail on one page. littp: / /www.pbegov.com /papa /aspxlweb /detail_info.aspx ?p_entity = 20434604220000720 &g... 1/9/2008 ORDINANCENO, o6 %o2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2, Code Enforcement, to read as follows: "ARTICLE III. BOARDS AND COMMISSIONS DIVISION 2. CODE ENFORCEMENT Sec. 2-66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." Sec. 2-67 Special rnastefmaaistrate; term. (a) There is hereby established a special # s r who shall be designated by the town commission. (b) The special faaetefmagistrate shall be appointed for a term of two years and shall be appointed to serve in an ex-officio ranarlt., if the jRE&k maoistrate_ serves other local aovemm nts as a special magistrate. Such service to other to pl nnvemments goes not create duties inl;gn§i§jpnt with serving g prqipl magiEtrilte to the Town f Gulf Stream. (c) The special wastefM&gjELrpjq shall be an attorney and a member of the Florida Bar. (d) The special fffaetefm i r shall serve at the plea -sure of the town commission. (e) The special w+a6te;mLqLsLrLtt 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 istra ; all hearings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special FRa6tefMj2jj 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 raasfefmaaistrate 1 I the special ra&stermAgjjLrpW even if the repeat violation has been • corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special R4a&1GqBL9:'jtrjQ 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 , Urtt. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special R;astefmL qjZ.rdjE 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 H 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 masteFM22:ijLrAW and request a hearing. Sec. 2 -70. Conduct of hearings.' (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether • or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special ;aasterma i� r to may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his /her designee shall be permitted to inquire of any witness before the special FAas4efM2gj§LrjWj. The special w-16tefmERjLtrPk may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the special a is r to 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 n4aGje;m2Rik re shall have the power to: . (1) Adopt rules for the conduct of his/her meetings 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 lis pendens is recorded. Sec. 2-74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special FRastef—maglatrUll 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 ff6-6teFMLqjELrV.W. 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 raaslermaoistrate, 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, 0 11 11 the special waslef`m MiEl.rM may reduce such fine even if the violation has not been corrected. Sec. 2 -77. provisions supplemental and cumulative. Nothing contained in this division shall in any way bar or prohibit the maintenance of a suit at law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from filing charges against any person, firm or corporation violating any town ordinance as provided by existing laws. This division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. Sec. 2 -78. Alternative code enforcement procedures. The town may employ other methods of code enforcement including, but not limited to, the issuance of a notice to appear in county court or arrest for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a definite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3 Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4 Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5 Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 7 FAX Cover Sheet TO: Attorney Randolph Phone: Fax Phone: (Date: 1 -7 -08 Number of pages including cover sheet: 3 RITA FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone: 561-276-5116 Fax Phone: 561- 737 -0188 REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP See enclosed picture of the car with the FOR SALE sign on it and a copy of a letter of violation quoting the Code Sections that we hand delivered over the weekend. Mr. Arnold called Bill today and stated he did not see a violation of the Sections we quoted (we enclosed copies) and he is not removing the sign. We have had a lot of trouble with this guy. He tries to sell used cars and we have caught him with temporary tags that were not issued to him, were expired and even some plates regiatered to other vehicles. We want to have the Special Magistrate hear this but wanted your advise as to whether we are on solid ground. Originals to Follow by Mail: Yes CC: Fax Phone: No " G U L F S T R E A M D E S ] G N M A N U A L � 7 0 . 4 9 A R T I C L E I I I . U S E R E G U L A T I O N S S e c . 7 0 . 4 6 . G e n e r a l l y . T h e f o l l o w i n g u s e r e g u l a t i o n s a r e i n t e n d e d t o p r e s e r v e a n d p e r p e t u a t e t h e e x i s t i n g r e s i d e n t i a l c h a r a c t e r i s t i c s o f t h e t o w n a n d a p p l y t o a l l f i v e s i n g l e - f a m i l y z o n i n g d i s t r i c t s . S e c . 7 0 . 4 7 . P e r m i t t e d u s e s . T h e f o l l o w i n g u s e r e g u l a t i o n s a r e p e r m i t t e d : S i n g l e f a m i l y d w e l l i n g s S e c . 7 0 - 4 8 . A c c e s s o r y u s e s . T h e f o l l o w i n g a c c e s s o r y u s e r e g u l a t i o n s a r e p e r m i t t e d : ( 1 ) U s e s w h i c h a r e s u b o r d i n a t e t o a n d c u s t o m a r i l y a p p u r t e n a n t t o , s i n g l e f a m i l y r e s i d e n t i a l o c c u p a t i o n r e s e r v e d f o r t h e p r i v a t e e n j o y m e n t o f t h e o c c u p a n t s a n d t h e i r n o n - p a y i n g g u e s t s a n d w h i c h m e e t a l l o t h e r r e q u i r e m e n t s o f t h i s c h a p t e r a n d c h a p t e r 6 6 . ( 2 ) C o o k i n g a n d b a t h i n g f a c i l i t i e s i n a c c e s s o r y s t r u c t u r e s , p r o v i d e d t h e a c c e s s o r y s t r u c t u r e s h a l l b e u s e d o n l y f o r o c c u p a n c y b y l e g i t i m a t e , n o n - p a y i n g g u e s t s , f a m i l y m e m b e r s o r d o m e s t i c a s s i s t a n c e e m p l o y e e s o f t h e r e s i d e n t s o f t h e m a i n r e s i d e n c e . I n n o c a s e s h a l l a n a c c e s s o r y s t r u c t u r e b e r e n t e d , l e a s e d o r u s e d s e p a r a t e a n d a p a r t f r o m t h e m a i n r e s i d e n c e . C D 7 0 : 2 3 S e c . 7 0 - 4 9 . P r o h i b i t e d u s e s . ( a ) T o p r o m o t e t h e p r i v a t e , p e a c e f u l , r e s i d e n t i a l e n j o y m e n t o f p r o p e r t y i n t h e s i n g l e f a m i l y z o n i n g d i s t r i c t s i n t h e t o w n , a n d t o p r o t e c t t h e s e d i s t r i c t s f r o m t h e n o i s e , t r a f f i c , c o n g e s t i o n , c r i m e a n d t u m u l t a s s o c i a t e d w i t h n o n r e s i d e n t i a l u s e s , n o n r e s i d e n t i a l u s e s s h a l l b e p r o h i b i t e d i n c l u d i n g , b u t n o t l i m i t e d t o , t h e f o l l o w i n g : ( 1 ) T h e c o n d u c t o f a n y p r o f e s s i o n a l , b u s i n e s s , o c c u p a t i o n , o r c a l l i n g . ( 2 ) N o m e o c c u p a t i o n s a n d o t h e r h o m e - b a s e d b u s i n e s s e s . ( 3 ) T r a n s i e n t u s e s i n c l u d i n g , b u t n o t l i m i t e d t o , t i m e - s h a r i n g u s e s , c o r p o r a t e r e t r e a t s a n d p r o p e r t y r e n t a l s w i t h l e a s e t e r m s o f l e s s t h a n t h r e e m o n t h s . ( 4 ) O t h e r n o n r e s i d e n t i a l u s e s i n c l u d i n g t e m p o r a r y u s e s , w h e t h e r o r n o t t h e y b e n e f i t c h a r i t a b l e o r g a n i z a t i o n s , s u c h a s : A u c t i o n s a n d s i l e n t a u c t i o n s C o m m e r c i a l s t i l l p h o t o g r a p h y C o m m e r c i a l m o t i o n p i c t u r e s / v i d e o s D i s p l a y o f i t e m s t o b e f o r s a l e a t a l a t e r d a t e G a r a g e / y a r d s a l e s " H o m e t o u r s a n d s h o w h o u s e s T a g / e s t a t e s a l e s T r u n k s a l e s a n d e q u i v a l e n t i n - h o m e d i s p l a y s a l e s ( 5 ) A i r c r a f t l a n d i n g p a d s a n d s t r i p s , w h e t h e r t e m p o r a r y o r p e r m a n e n t . ( 6 ) A n y o t h e r u s e n o t s p e c i f i c a l l y p e r m i t t e d . C D 7 0 : 2 3 § 66-431 GULF STREAM CODE but such uses shall not be extended and all future changes or alterations shall conform to the set- back line. (Ord. No. 83 -1, § 2(X, D, 1-3), 4 -8 -83; Ord. No. 00 -1, § 23, 3- 10 -00) Sec. 66432. Coastal areas. Construction in coastal areas of the town must comply with all of the provisions of the "Palm Beach County Coastal Construction and Excava- tion Setback Ordinance No. 72 -12" and the con- struction control line established by the state bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a conflicting town ordinance. (Ord. No. 83 -1, § 2(X, D, 2), 4 -8 -83) Secs. 66. 433 -66 -445. Reserved. DIVISION 7. SIGNS Sec. 66 -446. Restriction generally. (a) The erection, display and maintenance of a sign on any property or building within the town is prohibited except the following, which are per- mitted: (1) Signs required by the town or other gov- ernmental agencies where required by law and those which are necessary and incidental to the performance of govern- mental activities and responsibilities. (2) Signs required by a club designating and naming the club as well as those signs providing notice to the public designed to prevent trespassing and/or the use of the club's property by persons other than those authorized by such club. (3) Signs required by owners of private prop- erty including their agents and contrac- tors shall be limited to: a. Only one real estate sign, which shall be removed within 48 hours of the sale or rental of the property on which the sign is located. b. Only one sign which identifies con- tractors and/or subcontractors and their building or renovation activi- ties only in relation to such activities as are being conducted on the partic- ular property on which the sign is to be erected, displayed and main- tained. Such sign shall be perma- nently removed prior to the issuance of a certificate of occupancy or final inspection for the building or reno- vation activity described on the sign. (4) Owners of private property may erect, display and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such property. (b) Except for the designation of resident name, property owner, location, or address, the erection, display, and maintenance of an illuminated sign on any property is strictly prohibited. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83) Sec. 66 -447. Specifications for permitted signs. Any real estate sign offering property for sale or rent may be double -sided in design, however. It shall not exceed two square feet in total dimen- sion. Color of signs shall be a white background with black lettering thereon. There shall be no raised lettering. Further, no such real estate sign shall be extended or hung from a pole or poles, but shall be enclosed within a metal frame, The supporting member of the frame of the sign shall be installed into the ground to provide that the top of the face of such sign shall not be more than four feet above the finished grade of the ground. Real estate signs shall consist of one sign only, and there shall be no accessory signs attached thereto or located within the frame in which the real estate sign is enclosed. Any other sign per- mitted herein shall not exceed a dimension of two square feet, the color shall be a white background with black lettering thereon and shall be single - sided in design. All real estate signs must be located on the premises of the property being advertised for sale, no such signs being allowed on the public right -of -way or off-site. Any sign erected, displayed or maintained in violation of this sec- tion shall constitute a violation of this chapter. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83; Ord. No. 92 -3, § 1, 9- 28 -92; Ord. No. 03 -5, § 1, 10- 10 -03) CD66:90 0 • • P ORDINANCE NO. o6/02 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2, Code Enforcement, to read as follows: "ARTICLE Ill. BOARDS AND COMMISSIONS DIVISION 2. CODE ENFORCEMENT Sec. 2-66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." Sec. 2-67 Special rna6termanistrate; term. (a) There is hereby established a special a is ra a who shall be designated by the town commission. (b) The special A4a&teFMMjELrajg shall be appointed for a term of two vears and shall hp nnnnintpri fn �,o i� ...�_fri.a.. ----- :r..:. a.. (c) The special wa&teFMZgLsjr�& shall be an attorney and a member of the Florida Bar. (d) The special rna6termaoistrate shall serve at the plea -sure of the town commission. (e) The special mastermaaistrate 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 a4a6terma istra e; all hearings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special Fr+a&t4arMEgjLr& 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 mastermaoistrate. 1 Sec. 2-68. Jurisdiction. (a) The special masiermaaistra(� shall have the jurisdiction and Is 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 9+a&t6fM-ag:1§= 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 FRAPIP MZgi§LrR1g 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 s r and request a hearing. The special n;a&4gMR91LrQ1V 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 n;asteFMz-qisJr2W, 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 MaG4efM2-qisJr& even if the violation has been corrected prior to the special a is r e 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 Master —M.EgLt-rWg and request a hearing. The special raasterma is r e shall schedule a hearing and shall provide notice pursuant to section 2 -75. The case may be presented to the special A4ast9fma9j§jra even If the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special Ma6tef '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 Masiermaai trot has previously found to have violated the same provision within five years prior to the violation. (d) If the code inspector has reason to believe a violation of the condition causing the violation presents a serious threat to the public health, safety, and welfare or If the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the special i tr and request a hearing. Sec. 2 -70. Conduct of hearings.' (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special a t rte may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his /her designee shall be permitted to inquire of any witness before the special raasterm i tr rnasterma istr a may call any witness deemed necessary t The provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the special a is riM 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 smasterm i r e shall have the power to: (1) Adopt rules for the conduct of his/her meetings and hearings. (2) Subpoena alleged violators and witnesses to his /her . hearings. (3) Subpoena evidence as necessary for his/ her hearings, including, but not limited to physical and documentary evidence such as records, surveys, plats and photo - graphs. (4) Take testimony under oath. (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, such decision to be made at the hearing and reduced to writing and mailed to the respondent(s) within ten working days thereafter. (6) Establish and enforce fines pursuant to section 2 -72. (7) Authorize the town attorney to foreclose on liens imposed pursuant to section 2 -72 which remain unpaid after a period of three months. (6) Authorize the reduction of any fine he /she has imposed Sec. 2 -72. Administrative fines, costs of re -pair; liens. (a) The special a is , upon notification by the code inspector that an order of the special Masted 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 Pia&tefmEgLs.= 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 masterma i 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 R4as1eFM=a_q:iLtrajt finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b), below. (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation, and shall not exceed $500.00 per day for a repeat violation, and, in addition may include all costs of repairs pursuant to subsection (a), above. However, d the special FRB6I8FMagLs-t-rdt 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 FnaGteFMa9&t—rQW 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. • in the public record and nd 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 lis pendens is recorded. Sec. 2-74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special is r 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 i 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 master MLqis-LrpW, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm Beach County, Florida. The newspaper shall meet such requirements as are pre- scribed under F.S. ch. 50 for legal and official advertisements. (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice Posted and the 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- tien-has been . imposed pursuant to section 2 -72 may apply to the special ma6tenn20151rete, through the town attorney or his/her designee, for a satisfaction of the fine eF.I�with less than full payment thereof. No such application shall be considered by the special r»astemtaoistr& 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 maetermaeistrate with less than full payment thereof, unless the special R+asteFM=a_q_ic;1= shall make a speck finding that no violation of any ordinance de- scribed in section 2 -68 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to section 2 -72 that is reduced by the special R4asteF_M&_qWr& shall be paid on such terms as approved by the special maatermaeistrate. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, " t h e s p e c i a l P 4 a 6 4 6 V - a 9 j s . L r Q W m a y r e d u c e s u c h f i n e e v e n i f t h e v i o l a t i o n h a s n o t b e e n c o r r e c t e d . S e c . 2 - 7 7 . p r o v i s i o n s s u p p l e m e n t a l a n d c u m u l a t i v e . N o t h i n g c o n t a i n e d i n t h i s d i v i s i o n s h a l l i n a n y w a y b a r o r p r o h i b i t t h e m a i n t e n a n c e o f a s u i t a t l a w o r i n e q u i t y b y t h e t o w n t o e n j o i n o r c o r r e c t a n y v i o l a t i o n o f t h e o r d i n a n c e s o f t h e t o w n , n o r t o b a r o r p r o h i b i t t h e t o w n f r o m f i l i n g c h a r g e s a g a i n s t a n y p e r s o n , f i r m o r c o r p o r a t i o n v i o l a t i n g a n y t o w n o r d i n a n c e a s p r o v i d e d b y e x i s t i n g l a w s . T h i s d i v i s i o n s h a l l b e c o n s t r u e d t o b e s u p p l e m e n t a l a n d c u m u l a t i v e w i t h a n y a n d a l l o t h e r r e m e d i e s a v a i l a b l e t o t h e t o w n a n d n o t e x c l u s i v e . S e c . 2 - 7 8 . A l t e r n a t i v e c o d e e n f o r c e m e n t p r o c e d u r e s . T h e t o w n m a y e m p l o y o t h e r m e t h o d s o f c o d e e n f o r c e m e n t i n c l u d i n g , b u t n o t l i m i t e d t o , t h e i s s u a n c e o f a n o t i c e t o a p p e a r i n c o u n t y c o u r t o r a r r e s t f o r v i o l a t i o n o f m u n i c i p a l o r d i n a n c e s a s p r o v i d e d f o r i n F . S . c h . 9 0 1 . U n l e s s o t h e r w i s e s p e c i f i c a l l y a u t h o r i z e d a n d p r o v i d e d f o r b y l a w , a p e r s o n c o n v i c t e d o f v i o l a t i n g a m u n i c i p a l o r d i n a n c e m a y b e s e n t e n c e d t o p a y a f i n e n o t t o e x c e e d $ 5 0 0 . 0 0 , a n d m a y b e s e n t e n c e d t o a d e f i n i t e t e r m o f i m p r i s o n m e n t n o t t o e x c e e d 6 0 d a y s , i n a m u n i c i p a l d e t e n t i o n f a c i l i t y o r o t h e r f a c i l i t y a s a u t h o r i z e d b y l a w . " S e c t i o n 2 S e v e r a b i l i t y . I f a n y p r o v i s i o n o f t h i s O r d i n a n c e o r t h e a p p l i c a t i o n t h e r e o f i s h e l d i n v a l i d , s u c h i n v a l i d i t y s h a l l n o t a f f e c t t h e o t h e r p r o v i s i o n s o r a p p l i c a t i o n s o f t h i s O r d i n a n c e w h i c h c a n b e g i v e n e f f e c t w i t h o u t t h e i n v a l i d p r o v i s i o n s o r a p p l i c a t i o n s , a n d t o t h i s e n d t h e p r o v i s i o n s o f t h i s O r d i n a n c e a r e h e r e b y d e c l a r e d s e v e r a b l e . S e c t i o n 3 . R e p e a l o f O r d i n a n c e s i n C o n f l i c t . A l l o t h e r o r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m , F l o r i d a , o r p a r t s t h e r e o f w h i c h c o n f l i c t w i t h t h i s o r a n y p a r t o f t h i s O r d i n a n c e a r e h e r e b y r e p e a l e d . S e c t i o n 4 . C o d i f i c a t i o n . T h i s O r d i n a n c e s h a l l b e c o d i f i e d a n d m a d e a p a r t o f t h e o f f i c i a l C o d e o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m . S e c t i o n 5 . E f f e c t i v e D a t e . T h i s O r d i n a n c e s h a l l t a k e e f f e c t i m m e d i a t e l y u p o n i t s p a s s a g e a n d a p p r o v a l , a s p r o v i d e d b y l a w . M PASSED AND ADOPTED in a regular, adjourned session on first reading this 5th day of May , 2006, and for a second and final reading on this 9th day of June 2006, ATT T: _ rl Clerk N:UCRN3147 -0110N Chepler2 Cede Enf.DOC Commissioner .' q->'� Commissioner Commfssronne ` 0 u I :o ! 2 Ge» o §m o- 4 en / mco k k ` 'k #)Z((( j ( °� � • §§ e § 00 56 �j n \ Enm mG M ®000(0 § 22 G) � = m § \ (�3 / §§ mo ) Mz��`° C-) ( ) L¢ A§ § {\ ) § ( v f C: ! & ID \\ / m | § Gm )\ 0 La A. co co k\ j m Zi ® o oM �§ # e m ;B m g> j/ * \m ! ' ` - m ° Z >) -/§ );g -® ()]o) j § L C) ` > § ; § ; 2 § 2 | 0G)a Eo` 0_m° e ) ; § ` ° ` ` G\ \ } [ § ) Cl) ) ) ! 4 w z ; w £ > > § �R` § \k m § 0 f \ ) § / \ k _ ` § \/ ! ¥ 2 _ ) \ §� B q \ co 2 - -,) DODO ( \Z ; >,-_ g§ /d § , 2 ;*pm § \ =_z \ /` \» ak \2 $ ©0>= ` 3d ° § - M °° \M / 000 --1 _ k =» °m@� [7[ ;7[ ; m -_` ?t] ( k�k k \k 20.§) »@( m \� ` \M ` \( X [§ pll5 IIVDI,G0 Po /rI% 1'YorvrRgPNEO sy 737 C./, a. 12112o 107 ,0�4- RETURN RECEIPT Article A.1dressed To: Marl Arnold 945 Indigo Point Gulf Stream, EL 33483 Signature (a dre or Article No. 211 Date Deliv red 167 Q 7o Palm Beach County Property Appraiser Property Search System Page 1 of 2 Property Information Location Address: 945 INDIGO PT Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0720 Subdivision: PLACE AU SOLIEL Official Records Book: 15038 - 81 Mar -2003 Legal Description: PLACE AU SOLEIL LT 72 (LESS PARCEL IN OR2172 View Map Calculate Portability Owner Information Name ARNOLD MARK W All Owners Mailing Address. 945 INDIGO PT DELRAY BEACH FL 33483 6109 Sales Date Book /Page Mar -2003 15038/0081 Mar -2000 11671/0663 Dec -1981 03640/0348 Price Sale Type Owner $10 QUIT CLAIM ARNOLD MARK W $537,500 WARRANTY DEED ARNOLD MARK W & $100 WARRANTY DEED nirrrtnrro Regular Homestead: $25,000 Year of Exemption: 2007 Total $25,000 r.J-1- ........, Tax Year: Improvement Value Land Valu, . Total Market Valuc 2007 $266,997 $269,95 $273 356 $920,000 $920,00 $800 000 $1,186,997 $1,1 9 953 $1 073,356 All Sales [Property Information Number of Units: i *Total Square Feet: 3780 Use Code 0100 RESIDENTIAL * in residential properties may indicate living area. /As5es5eu anu Idxdule Values Tax Year Assessed Value Exemption Amoun" Taxable Valuc �or,7 $802,07 $782,512 $759,720 $25,00 $25,0001 $25,000 $777,075 $757,5121 $734,720 Structure Detail http: / /www.pbcgov.com /papa /aspx/ web /detail_info.aspx ?p_entity= 20434604220000720 &g... 1/9/2008 Patin Beach County Property Appraiser Property Search System Page 2 of 2 Tax Yeas Ad Valore, Non Ad Valorer Total Ta 2 t. I _ 12 763 $13,465 $13,594 $126 $122 $104 $12,889 $13,5871 $13,698 Tax Collector WebSite Tax Calculator Details Calculate Additional Homestead NOTE: Lower the top and bottom margins to 0.25 on File - >Page Setup menu option in the browser to print the detail on one page. http: / /www.pbcgov.com /papa /aspx /web / detai l_info.aspx ?p_entity= 20434604220000720 &g... 1/9/2008 ORDINANCENO. o6/02 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gutf Stream is hereby amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2, Code Enforcement, to read as follows: "ARTICLE III. BOARDS AND COMMISSIONS DIVISION 2. CODE ENFORCEMENT Sec. 2-66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." Sec. 2-67 Special ww4ermagts=-, term. (a) There is hereby established a special rnasternaoi. trace who shall be designated by the town commission. (b) The special raasterrn i r shall be appointed for a term of two years and shall be appointed to serve in an ex- officio rapi1rity it the special magistrate serves other local govemments as a p ial magistrate Such garvice to other to al qgvernments governments goes not create duties inconIllE t with servino pp cne ial mi2giEtrilte to the Town + ruff Stream. (c) The special wastefMjgjjjr shall be an attorney and a member of the Florida Bar. (d) The special a+astermagistrate shall serve at the plea -sure of the town commission. (e) The special master_m2_qLsjrjtj shall preside over code enforcement matters scheduled to be heard from time to time. (1) Minutes shall be maintained at all hearings presided over by the special raasterma is ra e; all hearings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special maste;MjgjLtr& 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 rail i r Sec. 2-68. Jurisdiction. (a) The special Pro i r .p1p 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 R;a&tef1n_a_q[ktLpt& 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 maslermacistrate 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 P4astefMZ2jX r and request a hearing. The special R;a6te9nE_q:iEtra 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 PiasterMZaLqLr.& even if the violation has been corrected prior to the special 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 mastermaoistrate and request a hearing. The special fna&tefMZgLs1rpJe shall schedule a hearing and shall provide notice pursuant to section 2 -75. The case may be presented to I the special raasterm i r even If the repeat violation has been • corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special Ma&tGFMjR:'W_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 raastermaai tral . A repeat violation is a violation of a provision of a code or ordinance by a person whom the special Q48GtefrnA@jLt= 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 i r and request a hearing. Sec. 2 -70. Conduct of hearings (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether • or not such evidence would be admissible at a trial In the courts of the state. Documentary and physical evidence may be admitted. (c) The special raasterma is r to may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his /her designee shall be permitted to inquire of any witness before the special raas7erm i The special mastermaeistrate 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 masterrna is r e shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed ii the order is not complied with by such date. A certified copy of such order may d re- corded in the public records of the county and shall constflute notice re- violation subsequent purchasers, successors in interest, on assigns i( the violation concerns real property, and the findings therein shall be if the 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 mastefmagiELrp 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. (B) 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 mastercjr 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 masierrn is for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the special Friai;taf lr . In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special Waste, �, 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 R4aGtefM—R9—is-tr& 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 masterma istrqt 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 111 e MUMLPW shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and 48 " 1 1 ( 3 ) A n y p r e v i o u s v i o l a t i o n s c o m m i t t e d b y t h e v i o l a t o r . o r d e r ( d ) A c e r t i f i e d c o p y o f a n r e c o r d e d i n t h e p u b l i c r e c o r d a n d t h e r e a f t e r s h a l l c o n s t i t u t e a l i e n a g a i n s t l a n d o n w h i c h t h e v i o l a t i o n e x i s t s , a n d u p o n a n y o t h e r r e a l o r p e r s o n a l p r o p e r t y o w n e d b y t h e v i o l a t o r . U p o n p e t i t i o n t o t h e c i r c u i t c o u r t , s u c h o r d e r m a y b e e n f o r c e d i n t h e s a m e m a n n e r a s a c o u r t j u d g m e n t b y t h e s h e r i f f s o f t h i s s t a t e , i n c l u d i n g l e v y a g a i n s t t h e p e r s o n a l p r o p e r t y , b u t s u c h o r d e r s h a l l n o t b e d e e m e d t o b e a c o u r t j u d g m e n t e x c e p t f o r e n f o r c e m e n t p u r p o s e s . A f i n e i m p o s e d p u r s u a n t t o t h i s s e c t i o n s h a l l c o n t i n u e t o a c c r u e u n t i l t h e v i o l a t o r c o m e s i n t o c o m p l i a n c e o r u n t i l a j u d g m e n t i s r e n d e r e d i n a s u i t t o f o r e c l o s e o n a l i e n f i l e d p u r s u a n t t o t h i s s e c t i o n , w h i c h e v e r o c c u r s f i r s t . A l i e n a r i s i n g f r o m a f i n e i m p o s e d p u r s u a n t t o t h i s s e c t i o n r u n s i n f a v o r o f t h e t o w n a n d t h e t o w n m a y e x e c u t e a s a t i s f a c t i o n o r r e l e a s e o f a l i e n e n t e r e d p u r s u a n t t o t h i s s e c t i o n . A f t e r t h r e e m o n t h s f r o m t h e f i l i n g o f a n y s u c h l i e n . w h i c h r e m a i n s u n p a i d , t h e t o w n m a y a u t h o r i z e t h e t o w n a t t o r n e y t o f o r e c l o s e o n t h e l i e n . N o l i e n c r e a t e d p u r s u a n t t o t h e p r o v i s i o n s o f t h i s s e c t i o n m a y b e f o r e c l o s e d o n r e a l p r o p e r t y w h i c h i s a h o m e s t e a d u n d e r S e c t i o n 4 , A r t i c l e X o f t h e S t a t e C o n s t i t u t i o n . S e c . 2 - 7 3 . D u r a t i o n . N o l i e n p r o v i d e d u n d e r t h i s d i v i s i o n s h a l l c o n t i n u e f o r a p e r i o d l o n g e r t h a n 2 0 y e a r s a f t e r t h e c e r t i f i e d c o p y o f a n o r d e r i m p o s i n g a f i n e h a s b e e n r e c o r d e d , u n l e s s w i t h i n t h a t t i m e a n a c t i o n t o f o r e c l o s e o n t h e l i e n i s c o m m e n c e d i n a c o u r t o f c o m p e t e n t j u r i s d i c t i o n . I n a n a c t i o n t o f o r e c l o s e o n a l i e n , t h e p r e v a i l i n g p a r t y i s e n t i t l e d t o r e c o v e r a l l c o s t s , i n c l u d i n g a r e a s o n a b l e a t t o r n e y ' s f e e , t h a t i t i n c u r s i n t h e f o r e c l o s u r e s . T h e t o w n s h a l l b e e n t i t l e d t o c o l l e c t a l l c o s t s i n c u r r e d i n r e c o r d i n g a n d s a t i s f y i n g a v a l i d l i e n . T h e c o n t i n u a t i o n o f t h e l i e n e f f e c t e d b y t h e c o m m e n c e m e n t o f t h e a c t i o n s h a l l n o t b e g o o d a g a i n s t c r e d i t o r s o r s u b s e q u e n t p u r c h a s e r s f o r v a l u a b l e c o n s i d e r a t i o n w i t h o u t n o t i c e , u n l e s s a n o t i c e o f l i s p e n d e n s i s r e c o r d e d . S e c . 2 - 7 4 . A p p e a l s . A n a g g r i e v e d p a r t y , i n c l u d i n g t h e t o w n , m a y a p p e a l a f i n a l a d m i n i s t r a t i v e o r d e r o f t h e s p e c i a l M a s t e c m a g L s J - r W 9 t o t h e c i r c u i t c o u r t o f P a l m B e a c h C o u n t y , F l o r i d a . S u c h a n a p p e a l s h a l l n o t b e a h e a r i n g d e n o v a , b u t s h a l l b e l i m i t e d t o a p p e l l a t e r e v i e w o f t h e r e c o r d c r e a t e d b e f o r e t h e s p e c i a l i r . T h e a p p e a l s h a l l b e f i l e d w i t h i n 3 0 d a y s o f t h e e x e c u t i o n o f t h e o r d e r t o b e a p p e a l e d . S e c . 2 - 7 5 . N o t i c e s . ( a ) A l l n o t i c e s r e q u i r e d b y t h i s s e c t i o n s h a l l b e p r o v i d e d t o t h e a l l e g e d v i o l a t o r b y c e r t i f i e d m a i l , r e t u r n r e c e i p t r e q u e s t e d ; b y h a n d d e l i v e r y b y t h e s h e r i f f o r o t h e r l a w e n f o r c e m e n t o f f i c e r , c o d e i n s p e c t o r , o r o t h e r p e r s o n d e s i g n a t e d b y t h e l o c a l g o v e r n i n g b o d y ; o r b y l e a v i n g t h e n o t i c e a t t h e v i o l a t o r ' s u s u a l p l a c e o f r e s i d e n c e w i t h a n y p e r s o n r e s i d i n g t h e r e i n w h o i s a b o v e 1 5 y e a r s o f a g e a n d i n f o r m i n g s u c h p e r s o n o f t h e c o n t e n t s o f t h e n o t i c e . ( b ) I n a d d i t i o n t o p r o v i d i n g n o t i c e a s s e t f o r t h i n t h i s s e c t i o n , a t t h e o p t i o n o f t h e s p e c i a l r a a s i e r i r , n o t i c e m a y a l s o b e s e r v e d b y P u b l i c a t i o n o r p o s t i n g , a s f o l l o w s : ( 1 ) S u c h n o t i c e s h a l l b e p u b l i s h e d o n c e d u r i n g e a c h w e e k f o r f o u r c o n s e c u t i v e w e e k s ( f o u r p u b l i c a t i o n s b e i n g s u f f i c i e n t ) i n a n e w s p a p e r o f g e n e r a l c i r c u l a t i o n i n P a l m B e a c h C o u n t y , Florida. The newspaper shall meet such requirements as are pre- scribed under F.S. ch. 50 for legal and official advertisements. (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice Posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or posting as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. Sec. 2-76. Procedure to request that a fine or lien imposed pursuant to section 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine sr4ie4;-has been • imposed pursuant to section 2 -72 may apply to the special raasterma Ll r , through the town attorney or his/her designee, for a satisfaction of the fine AF lien -with less than full payment thereof. No such application shall be considered by the special 4lstrate 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 "4astermaoistrat with less than full payment thereof, unless the special a is shall make a speck finding that no violation of any ordinance de- scribed in section 2 -66 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 maGte+mL qi§ r shall be paid on such terms as approved by the special masleFinaaistrote. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, is " 1 1 t h e s p e c i a l r H a s t e r m i r m a y r e d u c e s u c h f i n e e v e n i f t h e v i o l a t i o n h a s n o t b e e n c o r r e c t e d . S e c . 2 - 7 7 . P r o v i s i o n s s u p p l e m e n t a l a n d c u m u l a t i v e . N o t h i n g c o n t a i n e d i n t h i s d i v i s i o n s h a l l i n a n y w a y b a r o r p r o h i b i t t h e m a i n t e n a n c e o f a s u i t a t l a w o r i n e q u i t y b y t h e t o w n t o e n j o i n o r c o r r e c t a n y v i o l a t i o n o f t h e o r d i n a n c e s o f t h e t o w n , n o r t o b a r o r p r o h i b i t t h e t o w n f r o m f i l i n g c h a r g e s a g a i n s t a n y p e r s o n , f i n e o r c o r p o r a t i o n v i o l a t i n g a n y t o w n o r d i n a n c e a s p r o v i d e d b y e x i s t i n g l a w s . T h i s d i v i s i o n s h a l l b e c o n s t r u e d t o b e s u p p l e m e n t a l a n d c u m u l a t i v e w i t h a n y a n d a l l o t h e r r e m e d i e s a v a i l a b l e t o t h e t o w n a n d n o t e x c l u s i v e . S e c . 2 . 7 8 . A l t e r n a t i v e c o d e e n f o r c e m e n t p r o c e d u r e s . T h e t o w n m a y e m p l o y o t h e r m e t h o d s o f c o d e e n f o r c e m e n t i n c l u d i n g , b u t n o t l i m i t e d t o , t h e i s s u a n c e o f a n o t i c e t o a p p e a r i n c o u n t y c o u r t o r a r r e s t f o r v i o l a t i o n o f m u n i c i p a l o r d i n a n c e s a s p r o v i d e d f o r i n F . S . c h . 9 0 1 . U n l e s s o t h e r w i s e s p e c i f i c a l l y a u t h o r i z e d a n d p r o v i d e d f o r b y l a w , a p e r s o n c o n v i c t e d o f v i o l a t i n g a m u n i c i p a l o r d i n a n c e m a y b e s e n t e n c e d t o p a y a f i n e n o t t o e x c e e d $ 5 0 0 . 0 0 , a n d m a y b e s e n t e n c e d t o a d e f i n i t e t e r n o f i m p r i s o n m e n t n o t t o e x c e e d 6 0 d a y s , i n a m u n i c i p a l d e t e n t i o n f a c i l i t y o r o t h e r f a c i l i t y a s a u t h o r i z e d b y l a w . " S e c t i o n 2 S e v e r a b i l i t y . I f a n y p r o v i s i o n o f t h i s O r d i n a n c e o r t h e a p p l i c a t i o n t h e r e o f i s h e l d i n v a l i d , s u c h i n v a l i d i t y s h a l l n o t a f f e c t t h e o t h e r p r o v i s i o n s o r a p p l i c a t i o n s o f t h i s O r d i n a n c e w h i c h c a n b e g i v e n e f f e c t w i t h o u t t h e i n v a l i d p r o v i s i o n s o r a p p l i c a t i o n s , a n d t o t h i s e n d t h e p r o v i s i o n s o f t h i s O r d i n a n c e a r e h e r e b y d e c l a r e d s e v e r a b l e . S e c t i o n 3 R e p e a l o f O r d i n a n c e s i n C o n f l i c t . A l l o t h e r o r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m , F l o r i d a , o r p a r t s t h e r e o f w h i c h c o n f l i c t w i t h t h i s o r a n y p a r t o f t h i s O r d i n a n c e a r e h e r e b y r e p e a l e d . S e c t i o n 4 . C o d i f i c a t i o n . T h i s O r d i n a n c e s h a l l b e c o d i f i e d a n d m a d e a p a r t o f t h e o f f i c i a l C o d e o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m . S e c t i o n 5 . E f f e c t i v e D a t e . T h i s O r d i n a n c e s h a l l t a k e e f f e c t i m m e d i a t e l y u p o n i t s p a s s a g e a n d a p p r o v a l , a s p r o v i d e d b y l a w . r A 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 Jvne .2006. ATT T: _ Clerk N;VCRM147-0110M Chapter 2 CWe EnIMOC Commissioner�� Commissioner �� Commissioned 1.1 • I* FAX Cover Sheet TO: Attorney Randolph Phone: Fax Phone: (Date: 1 -7 -08 Number of pages including cover sheet: 3 RITA FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone: 561- 276 -5116 Fax Phone: 561- 737 -0188 REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP See enclosed picture of the car with the FOR SALE sign on it and a copy of a letter of violation quoting the Code Sections that we hand delivered over the weekend. Mr. Arnold called Bill today and stated he did not see a violation of the Sections we quoted (we enclosed copies) and he is not removing the sign. We have had a lot of trouble with this guy. He tries to sell used cars and we have caught him with temporary tags that were not issued to him, were expired and even some plates regiatered to other vehicles. We want to have the Special Magistrate hear this but wanted your advise as to whether we are on solid ground. Originals to Follow by Mail: Yes CC: Fax Phone: No