HomeMy Public PortalAbout06/01/2006 * Case #CE-4-06 * 1428 N. Ocean Blvd., Inc.TOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
CASE NO. 4 -06
LOCATION OF VIOLATION:
1428 N. Ocean Blvd., Inc.
Gulf Stream. Florida 33483
DATE: 6 -1 -06
I, Rita L. Taylor , have personally examined the property described above and
(Town Official/Inspector) Ord.04 /4 Sec. 22 -31 Parag.
Find that said property is (NOT) (NOW) in compliance with Section(s) 3,4, & 18 of the
Code of the Town of Gulf Stream as of the 1st day of Ame _,20 06 .
ip /�
Afsant
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 1st day of
June ' 20 02 by Rita Taylor Town OfficiaUlnspector,
who is personally known to me or who has produced a Florida driver's license as
identification who did /did not take an oath.
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(SEAL). EXPIRES: October 20, 2007
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COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS O. WHEELER
MURIEL J. ANDERSON
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
TOWN OF GULF STREAM )
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
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ymu:
Telephone
(561) 276.5116
Fax
(561) 737 -0158
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA LTAYLOR
BEFORE ME THIS DAY PERSONALLY APPEARED Rita L. Taylor, WHO BEING
DULY SWORN, DEPOSES AND SAYS THAT THE ACCOMPANYING "NOTICE OF VIOLATION"
ADDRESSED TO 1428 N. OCEAN BLVD., INC. HAS BEEN POSTED ON THE NOTICE
BOARD AT THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA
AND HAS ALSO BEEN POSTED ON THE FRONT LAWN AT 1428 N. OCEAN BLVD., GULF
STREAM, FLORIDA, TH4T PROPERTY OWNED BY 1428 N. OCEAN BLVD., INC.
FURTHER AFFIANT SAYETH NOT.
.26 }- =
(Signature)
SWORN TO AND SUBSCRIBED BEFORE ME THIS 16th DAY OF MAY, 2006.
RR
MY COMMISSION EXPIRES:
i0tt P!E+ LINDA SUE MARVEL
MY COMMISSION 1 OD 520147
A EXPIRES: April 6, 2010
�+.°t Bocded Thry Budget Notay Service
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone(561)276 -5116 Fax(561)737 -0188
CODE ENFORCEMENT SPECIAL MASTER
TOWN OF GULF STREAM, FLORIDA
CASE: CE 4 -n6 14 may 51 2006
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned herby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) and more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFOECEMENT SPECIAL MASTER
of the Town.
1. Location/Address where violation(s) exist(s): 1428 N. Ocean. Blvd., Gulf Stream Florida
i u •,.
3. Name and address of owner /person in charge where violation(s) exist(s): 1428 N. Ocean Blvd. , Inc.
1177 George Bush Blvd. 1100, Delray Beach, Florida 33483 -7239
4. Violation of Town Code Section(s) and description(s): Ord, 04 A, Sec. 22 -31, Parag (3) , weeds
✓r grass greater than 8 "; Ord 04/4, Sec. 22 -31, Parag. (4), dead or dying trees, shrubs
roots on property; Ord04 /4, Sec. 22 -31, Parag. (18) wheelbarrow laying in yard.along
(SEE ATTACHED "EXHIBIT OF VIOLATIONS ")
5. Date of first inspection: 4 -4 -06 , 2nd Insp. 5 -6 -06
6. Date owner first notified of violation(s):_ 4 -19 -06
7. Date on/by, which violations are to be corrected: 5 -31 -06
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Unless the violator corrects the violation(s) described herein by the date set forth above AND
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT (561) 276 -5116 to verify
COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A
PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of
Gulf Stream Code Enforcement Special master on F --nF_ at 1 n A _M_ or as soon thereafter as the
case can be heard in the Town Hall Commission Chambers located at 100 Sea Road, Gulf Stream, FL.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer
allegations that you have violated the above cited sections of the Code of Ordinances of the Town of
Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his/her finding solely upon
presentation by the Town Code Inspector.
&A..._
William H. Thrasher, Town Manager
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§ 2d2
GULF STREAM CODE
on the finances and administration activ-
ities of the town as of the end of each fiscal
year.
(8) Make such other reports as the town
commission may require concerning the
operations of town departments, offices
and agencies subject to his direction and
supervision.
(9) Keep the town commission fully advised
as to the financial condition and future
needs of the town and make such recom-
mendations to the town commission con-
cerning the affairs of the town as he
deems desirable.
(10) Sign contracts on behalf of the town as
directed by the town commission.
(11) Perform such other duties as are specified
in the charter or ordinances of the town or
as may be required by the town commis-
sion.
(12) The town manager shall represent the
town before appointive officers of other
governmental bodies except when the town
commission shall have designated some
other person to act.
(Ord. No. 89 -3, § 1, 5 -5 -89)
Secs. 2- 43 -2 -55. Reserved.
ARTICLE III. BOARDS AND
COMMISSIONS
DIVISION 1. GENERALLY
Secs. 2- 56 -2 -65. Reserved.
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."
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -67. Special master; term.
(a) There is hereby established a special mas-
ter who shall be designated by the town commis-
sion.
(b) The special master shall be appointed for a
term of two years.
CD2:4
( The special master shall be an attorney and
a member of the Florida Bar.
(d) The special master shall serve at the plea-
sure of the town commission.
(e) The special master shall preside over code
enforcement matters scheduled to be heard from
time to time.
M Minutes shall be maintained at all hearings
presided over by the special master; all hearings
shall be open to the public. The town shall provide
clerical and administrative personnel as may be
required by the special master for the proper
performance of his/her duties.
(g) The town attorney or his/her designee shall
represent the town by presenting cases before the
special master.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -68. Jurisdiction.
(a) The special master shall have the jurisdic-
tion and authority to hear and decide any alleged •
violations of the following chapters of the Code
and ordinances of the town as the same may be
amended from time to time:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special master shall
not be exclusive. Any alleged violation of any of
the aforesaid codes and ordinances may be pur-
sued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 98 -3, § 1, 5- 14 -98)
if
J
•
•
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a 'bode enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special master
when the code enforcement officer, upon personal
investigation, has reasonable cause to believe
that the person or persons are in violation of the
codes cited in this division. Employees who may
be designated as code enforcement officers may
include but are not limited to, code inspectors, law
enforcement officers, public works inspectors, fire
safety inspectors, and zoning inspectors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special master and
request a hearing. The special master shall sched-
ule a hearing, and written notice of such hearing
shall be hand delivered or mailed as provided in
section 2 -75 to the violator. At the option of the
special master, notice may additionally be served
by publication or posting as provided in section
2 -75. If the violation is corrected and then recurs
or if the violation is not corrected by the time
specified for correction by the code inspector, the
case may be presented to the special master even
if the violation has been corrected prior to the
special master hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special master and request a hearing.
The special master shall schedule a hearing and
shall provide notice pursuant to section 2 -75. The
case may be presented to the special master even
if the repeat violation has been corrected prior to
the hearing, and the notice shall so state. If the
repeat violation has been corrected, the special
master retains the right to schedule a hearing to
determine costs and impose the payment of rea-
sonable enforcement fees upon the repeat viola-
tor. The repeat violator may choose to waive his or
her rights to this hearing and pay the costs as
determined by the special master. A repeat viola-
tion is a violation of a provision of a code or
CD2:5
§ 2 -70
ordinance by a person whom the special master
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 irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mas-
ter and request a hearing.
(Ord. No. 98 -3, § 1, 5 -1498)
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 repeti-
tious 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 master 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 master. The
special master may call any witness deemed nec-
essary to provide a full and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial master 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 purchas-
4 2 -70
GULF STREAM CODE
ers, successors in interest, or assigns if the viola -
tion 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.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -71. Powers.
The special master shall have the power to:
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
her hearings, including, but not limited to
physical and documentary evidence such
as records, surveys, plats and photo-
graphs.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2 -72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2 -72
which remain unpaid after a period of
three months.
(8) Authorize the reduction of any fine he /she
has imposed.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -72. Administrative fines, costs of re-
pair; liens.
(a) The special master, upon notification by
the code inspector that an order of the special
master 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 master 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
master. In addition, if the violation is a violation
described in subsection 2 -69(d) of this division,
the special master shall notify the local governing
CD2:6
body, which may make all reasonable repairs
which are required to bring the property into
compliance and charge the violator with the rea-
sonable 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
master 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 viola-
tion, 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 master finds the violation
to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000.00 per viola-
tion.
(c) In determining the amount of the fine, if
any, the special master shall consider the follow-
ing factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be recorded in the public record and thereaf-
ter 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 judg-
ment 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 pursu-
ant 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 re-
lease 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
C
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C o n s t i t u t i o n .
( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 )
S e c . 2 - 7 3 . D u r a t i o n .
N o l i e n p r o v i d e d u n d e r t h i s d i v i s i o n s h a l l c o n -
t i n u e f o r a p e r i o d l o n g e r t h a n 2 0 y e a r s a f t e r t h e
c e r t i f i e d c o p y o f a n o r d e r i m p o s i n g a f i n e h a s b e e n
r e c o r d e d , u n l e s s w i t h i n t h a t t i m e a n a c t i o n t o
f o r e c l o s e o n t h e l i e n i s c o m m e n c e d i n a c o u r t o f
c o m p e t e n t j u r i s d i c t i o n . I n a n a c t i o n t o f o r e c l o s e
o n a l i e n , t h e p r e v a i l i n g p a r t y i s e n t i t l e d t o
r e c o v e r a l l c o s t s , i n c l u d i n g a r e a s o n a b l e a t t o r n e y '