HomeMy Public PortalAbout04/11/2006 * Case #CE-2-06 * LavoieTOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
CASE NO. CE #2 -06 DATE: 4 -11 -06
LOCATION OF VIOLATION:
Richard P. Lavoie
Gulf Stream, Florida
I, William Thrasher , have personally examined the property described above and
(Town Official/Inspector) Ord 04/4 Sec.22 -31 (4) &(17
Find that said property is (NOT (NOW) n compliance with Section(s) 42 -26 of theSec . 23 -32
Code of the Town of Gulf Stream as o the 11th day of April 20 06 (7 )
I %4&� /_� c k,
Affiant
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 11th day of
April 12006 by William Thrasher Town Official/Inspector,
who is personally known to me or who has produced a Florida driver's license as
identification who did /did not take an oath.
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED S. DEVTTI 111
CHRIS D. WHEELER
MURIEL J. ANDERSON
March 31, 2006
Richard P. Lavoie
2775 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. Lavoie:
N ^�1�Ij�f'''
Telephone
(561) 275.5116
Fax
(561) 777.0165
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA L. TAYLOR
We are enclosing an Affidavit of Non - Compliance covering code
violations at the above address, cited under Case #CE2 -06.
The violations are the remains of a collapsed pool screen enclosure
still on the property and no pool barrier is in place.
At the hearing held on March 28, 2006 you were found in non - compliance
but no fines were assessed. However, the Special Master, Lara Donlon,
ordered that these violations be corrected no later than April 11, 2006,
and that if you do not comply within the time specified, a fine of $250.00
per day shall be assessed for each day the violations continue to exist.
Very tr my yours
Rita L. Tay of rr
Town Clerk
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
TOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
(circle one)
CASENO. c,2 -O6 DATE: 3 -31 -06
LOCATION OF VIOLATION:
Richard P. Lavoie
f Stream. Florida
19 W:i ;am Tlarasher > have personally examined the property described above and
(Town Official/Inspector) Ord 04/4 Sec. 22- 31(4) &(17)
Find that said property is NOT NOW) in compliance with Section(s) Sec. 42 -26 of the9ec.23 -32(7
Code of the Town of Gulf Stream as of the gRrh day of 1,a ..1, , 2006 _ .
Affiant
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 31st day of
March 2006 by William Thrasher Town Official/Inspector,
who is personally known to me or who has produced a Florida driver's license as
identification who did /did not take an oath.
(SEAL) 0 2t f ri
RITALTAYLOR NOTARY PUBLIC
MYCOMMISSIONpOD49V2 State of Florida
a, EXPIRES' FapNary21, 2010
10 �� ?o.�,�` Owed TAm ewpf Ncpry Service
CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
ORDER FINDING VIOLATION
TOWN OF GULF STREAM,
Petitioner,
V.
RICHARD LAVOIE,
Respondent.
Case No. CE2 -06
Re: Violation of Sections 22 -31, Parag.(4) (17),22-32, Parag. (7),42-26, of the Code of Ordinances
of the Town of Gulf Stream.
Address: 2775 AVENUE AU SOLEIL
Gulf Stream, Florida
Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY
272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF SR 5 & W
OF FIND CNL
The Special Magistrate appointed by the Town Council to hear code enforcement
cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard
testimony at the Code Enforcement Hearing held on the 28th day of March, 2006, and based on the
evidence and testimonypresented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW,
and ORDER are hereby entered:
FINDINGS OF FACT
1. The Respondent, RICHARD LAVOIE, was present at the hearing and there
was a finding of proper notice.
2. The Town Manager, Bill Thrasher, testified to and introduced photographs of
the violation.
CONCLUSIONS OF LAW
Respondent is in violation of Sections 22 -31, Parag.(4) (17), 22 -32, Parag. (7),42-26
of the Code of Ordinances of the Town of Gulf Stream.
It is the Order of the Code Enforcement Special Magistrate that Respondent,
RICHARD LAVOIE , shall comply with Sections 22 -31, Parag.(4) (17),22-32, Parag. (7),42-26, of
the Code of Ordinances of the Town of Gulf Stream by the 11 w day of April, 2006.
If Respondents do not comply within the time specified, a fine of two- hundred -fifty-
dollars ($250.00) per day shall be assessed for each day the violation continues to exist.
A Fine Assessment Hearing will be held before the Special Magistrate on the 9`h day
of May, 2006, at 10:00 a.m. at the Commission Chambers of the Town Hall, 100 Sea Road, Gulf
Stream, Florida.
A certified copy of this Order maybe recorded in the Public Records of Palm Beach
County, Florida, and, once recorded, shall constitute a lien against the property upon which the
violation existed and upon any other real or personal property owned by the Respondent, pursuant to
Chapter 162, Florida Statutes for the original amount
Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream
Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 28" day of March, 2006.
TOWN OF GULF STREAM
CODE ENFORCEMENT
BY:7`
Special Magistrate
ORDINANCE NO. 04/4
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 22, OF THE CODE OF
ORDINANCES, NUISANCES, AT ARTICLE I TO INCLUDE
A NEW SECTION 22 -3 RELATING TO OBSTACLES TO
TRAFFIC AND PARKING; RESCINDING ARTICLE II,
RELATING TO DEBRIS, RUBBISH, WEEDS AND WILD
GROWTH IN ITS ENTIRETY AND PROVIDING FOR A
NEW ARTICLE II RELATING TO UNSIGHTLY, UNSAFE
OR UNSANITARY CONDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 22, Nuisances, Article I, In General, to include a new Section 22 -3,
to read as follows:
"Sec. 22 -3. Obstacles to traffic and parking
(a) It shall be unlawful for any person to place and /or maintain
any obstructions within the public right -of -way of the Town without first
being given authority in writing by the Town to place said obstructions.
Obstructions shall include, but shall not be limited to, hedges, trees, walls,
fences, traffic triangles, or other obstacles intended to impede traffic or
parking or structures of any kind not previously approved in writing by the
Town.
(b) Any obstacles placed in the Town right -of -way in violation of
this section may be immediately and summarily removed by the Town and
shall be removed at the expense of the property owner.
(c) Any person found to be in violation of this section shall be
subject to the general penalty section of this code or, alternatively, shall be
subject to the jurisdiction of the Town's code enforcement process."
Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 22, Nuisances, by deleting Article II, Debris, Rubbish, Weeds and
Wild Growth, Sections 22 -31 through 22 -34 inclusive, in its entirety, and substituting
therefore the following new Article II entitled Unsightly, Unsafe or Unsanitary Conditions
to read as follows.
"ARTICLE IL UNSIGHTLY, UNSAFE OR
UNSANITARY CONDITIONS
Sec. 22-31. Prohibited.
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(17) Any condition constituting a fire hazard.
(18) Any worn -out, scrapped, partially dismantled, nonoperative,
unusable, or discarded materials or objects, such as
automobiles or parts thereof, building materials, machinery,
metal, wastepaper, rags, glass -ware, tinware, vehicles,
boats or parts thereof, or other items of junk. Failure of any
vehicle, or parts thereof, to have a valid license plate or
other registration certificate specifically attached to the
vehicle or part thereof, shall be prima facie evidence that
such property is worn out, scrapped, nonoperative, unusable
or discarded.
(19) Failure of any person who has cleared land pursuant to a
land clearing permit to resod, replant or periodically sprinkle
the cleared area to prevent creation of wind -blown dust or
dirt.
(20) A seawall or bulkhead which falls into a state of disrepair or
ruin so as to allow erosion to land adjacent thereto.
Sec. 22 -32. Foundations, structural members and exterior surfaces.
Foundations and structural members located upon any lot, parcel of
land or premises in the Town shall provide a safe, firm and substantial
base and support for the structure, and shall meet the following conditions,
in addition to those set forth by the Town's building code.
(1) No floor, ceiling, roof, beam or essential horizontal
component of a building shall sag in excess of 31/2 percent
of its span.
(2) Exterior walls shall be reasonably free of cracks or holes
through which weather elements can enter the building or
structure, and all exterior surfacing material shall be kept
painted and in good repair.
(3) Interior walls and ceilings shall be structurally sound.
(4) All windows and doors to the outside shall be constructed
and maintained in such a condition as to exclude weather
elements or insects entering.
(5) The roof shall be constructed and maintained so as not to
leak. Roofs shall be kept clean and painted.
(6) Every inside and outside stair, every porch and
appurtenance thereto shall be constructed so as to be safe
to use and capable of supporting the load that normal use
may cause to be placed thereon, and in conformance with
the building code, and shall be kept in sound condition and
good repair.
(7) Accessory buildings and other appurtenances such as
swimming pools, tennis courts, walls, gates and fences
situated on the premises shall be kept in a safe and good
state of repair.
Sec. 22 -33. Notice to abate; content.
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consented thereto. The hearing shall be on the first regularly scheduled
meeting following the request for the hearing. After the hearing, the Town
commission, in the exercise of its discretion, may approve, revise, modify
or abandon the proposed action.
Sec. 22 -35. Abatement by Town.
If at the time specified in the notice as provided in section 42 -91,
the nuisance has not been removed, suppressed or abated, or in the
event a hearing is held by the Town Commission and the notice is upheld
in whole or in part, the Town Manager shall cause to be removed,
suppressed or abated the nuisance referred to in the notice according to
the terms set forth in the notice or, in the event of a hearing, in the manner
approved by the Town Commission.
Sec. 22 -36. Levy of special assessment lien against property.
(a) The Town Manager shall, as soon as practicable and within 30
days after the completion of work as authorized in this subchapter,
ascertain and determine the actual cost thereof and the respective
portions to be borne by the Town if any, and the owners or occupants of
the property involved and, thereupon shall notify the owner or occupant, in
writing, of the amount required to be borne by the owner or occupant. In
the event said amount is not paid to the Town within thirty days of the date
of said notice in writing, the Town Commission, by resolution, fix, levy and
impose a special assessment against the property involved in an amount
not exceeding either the actual cost of the work, or the estimated special
assessment stated in the notice.
(b) The resolution shall specify the following:
(1) Description of the work performed.
(2) Date of completion.
(3) Total cost.
(4) The proportion of such cost to be financed and defrayed by
special assessment.
(5) The unit or basis for distributing the amount to be specially
assessed among the several parcels of property where more
than one parcel is liable for assessment.
(6) The fact that a lien has been assessed by the Town with a
complete schedule or breakdown of the specific amount of
special assessment levied and imposed against and upon
each respective particular parcel of property involved,
showing in detail the description of the property, name of
owner and amount of assessment as severally and
respectively levied and imposed.
(7) That such liens shall bear interest at a rate of eight percent
per annum compounded unless paid within 30 days after
publication of such resolution.
(t3) That the Town clerk shall forthwith have prepared and filed
of record, the amount of such lien assessed against each
parcel of property, the date of completion of such work and
such other information as may be deemed appropriate.
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This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session on first reading this
17th day of September , 2004, and for a second and final reading on this 8th
day of October 2004.
ATTEST:
L
Clerk
zl:�
N:VCR113 14 7- 0 110rd Chapler U Art 18 ILDOC
uummisstoner
Commisfioner
7
ner
RETURN RECEIPT
Article Addressed to: Article Number
Richard P. Lavoie 157
2775 Ave. Au Soleil
Gulf Stream, F1. 33483
x,Lr �
Signature (addressee)
r•3;
Signature of Agent
Date of Delivery
a6ospe A -
Y �
BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. IN GENERAL
Sec. 42 -1. Storage on roofs of buildings or
structures.
(a) The storage of materials upon the roofs of
structures or buildings located within the town
creates a hazard to residents and other structures
and buildings located within the town. It is the
desire of the town commission to provide for the
health, safety and welfare of the residents of the
town by eliminating such potential hazards.
(b) The storage of materials of any kind upon
the roofs of buildings or structures located within
the town is hereby prohibited.
(c) Temporary storage of materials for periods
of time not to exceed 48 hours, which storage is
necessary for roof construction or roof repairs,
may be allowed by permit granted by the town.
(Code 1978, § 8 -9)
Sec. 42 -2. Construction site management
handbook.
(a) The town manager shall establish and main-
tain a manual pertaining to construction stan-
dards and town policy concerning construction
activities on properties located within the town.
This manual shall be titled "Construction Site
Management Handbook" and shall be binding
upon contractors, owners, residents and others
with respect to construction and maintenance
activities on private properties within the town.
This construction site management handbook shall
be adopted and amended as necessary by resolu-
tion of the town commission.
(b) Permits for construction identified in the
construction site management handbook shall be
subject to and conditioned upon the contractor
and the property owner complying with the terms
and conditions of the construction site manage-
ment handbook.
(Ord. No. 95 -4, §§ 1, 2, 7- 21 -95)
Secs. 42- 3-- 42 -25. Reserved.
ARTICLE II. CONSTRUCTION
STANDARDS
Sec. 42 -26. Adoption of codes by reference.
The town hereby adopts by reference the pro-
visions of all building codes and building related
codes in force and effect in the county as adopted
or enacted by the state or the board of county
i
Supp. No. 1 CD42:3
§ 42 -27
commissioners and the building department of
that county, and as amended from time to time.
For the purposes of this section, building related
codes shall include the county's minimum hous-
ing codes, and other construction related regula-
tions which serve to insure the construction and
maintenance of safe structures.
(Code 1978, § 4 -1; Ord. No. 98 -1, § 1, 4- 14 -98)
Sec. 42 -27. Issuance of permits; inspections.
(a) The county serves as the town's building
official and shall issue all building permits for
construction in the town. The town shall charge a
fee to cover the costs associated with reviewing
for compliance with zoning, design manual and
other town ordinances. Such fee shall be estab-
lished in a fee schedule adopted by a resolution of
the town commission. The town manager or the
contractor will request the county building depart-
ment for inspection for a given time and date and
the permit inspection card and plan shall be on
the construction site at all times and the inspec-
tor on completion of his inspection will mark the
card as to acceptance and the date thereon, or will
note reasons for rejection. Upon completion of the
project and final inspection, by both the county
and the town if necessary, the inspector will
report this to the county building department,
which shall then issue the certificate of occupancy
to the builder.
(b) If there is a change in the initial plans as
approved, the contractor shall be required to file
such plan change with the town. The fee payable
to the town for review of such change in plans
shall be as indicated in the town fee schedule.
(c) If the contractor wishes to either demolish
or move a building or structure located within the
town, a permit must be obtained from the town
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the county in the amount
of four times the regular fee due to the county
CHAPTER 41 SWIMMING POOLS
Page 10 of 15
R4101.14.3 Pit drainage.
When the heater is installed in a pit, the pit shall be provided with approved drainage
facilities.
R4101.14.4 Connections.
All water heating equipment shall be installed with flanges or union connection adjacent to
the heater.
R4101.14.5 Relief valve.
When water heating equipment which is installed in a closed system has a valve between
the appliance and the pool, a pressure relief valve shall be installed on the discharge side of
the water heating equipment. For units up to and including 200,000 Btu /hour input, the relief
valve shall be rated by the American Gas Association.
R4101.15 Gas piping.
Gas piping shall comply with the Florida Building Code, Fuel Gas.
R4101.16 Electrical.
Electrical wiring and equipment shall comply with Chapter 27 of the Florida Building Code.
R4101.17
R4101.17 Residential swimming barrier requirement.
Residential swimming pools shall comply with Sections R4101.17.1 through R4101.17.3.
Exception: A swimming pool with an approved safety pool cover complying with ASTM F
1346.
R4101.17.1 Outdoor swimming pools.
Outdoor swimming pools shall be provided with a barrier complying with R4101.17.1.1
through R4101.17.1.14 .
R4101.17.1.1
The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on
the side of the barrier which faces away from the swimming pool. The maximum vertical
clearance between grade and the bottom of the barrier shall be 2 inches (51 mm)
measured on the side of the barrier which faces away from the swimming pool. Where
the top of the pool structure is above grade the barrier may be at ground level or
mounted on top of the pool structure. Where the barrier is mounted on top of the pool
structure, the maximum vertical clearance between the top of the pool structure and the
bottom of the barrier shall be 4 inches (102 mm).
R4101.17.1.2
The barrier may not have any gaps, openings, indentations, protrusions, or structural
components that could allow a young child to crawl under, squeeze through, or climb
over the barrier as herein described below. One end of a removable child barrier shall
not be removable without the aid of tools. Openings in any barrier shall not allow
passage of a 4- inch - diameter (102 mm) sphere.
http: / /infoso lutions.com/icce /gateway.dll /Florida %20Custom /Res2004_FL /305/316/317 ?f =t... 3/8/2006
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COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED 8. DEVRT 111
CHRIS 0. WHEELER
MURIEL J. ANDERSON
February 15, 2006
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
F LF
T? Telephone
(561) 276 -5116
F 3 Fax
(561) 737 -0188
Town Manager
z
WILLIAM H. THRASHER
Town Clerk
RITA LTAYLOR
NOTICE OF VIOLATION
Richard Lavoie
2775 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. Lavoie:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Once again we are writing to you with regard to Code Violations on
your property at the above address. On.December 5, 2005 we sent a
Certified Letter which was never accepted by you and was returned to
us 3 weeks later. In the interim, I was able to contact you by
phone to discuss these violations. After that, you did commence
to correct the violations but never completed the work. Our Code
Enforcement has spoken to you about this several times. The current
violations are as follows:
1. The pool screen enclosure was damaged in the Hurricane and has
collapsed and remains scattered about in violation of Ordinance
04/4 Article II., Section 33 -32, Paragraph (7). With the collapse
of the pool enclosure, your pool is no longer in compliance with the
State Building Code regarding the fencing of pools.
2. There are dead trees on the property both standing and on the ground.
This is in violation of Ordinance 40/4, Article II., Section 22 -31,
Paragraph (4) and Paragraph (17),.a condition constituting a fire
hazard.
This is to be considered official notice to correct these violations
within 10 days. Failing to comply with this order shall result in
future action as provided in Chapter 2, Article III, Division 2 of the
Code of Ordinances, a copy of which is enclosed along with copies of
the other sections mentioned.
Vrqry you s,
Iilliam H. Thrasher
Town Manager
Encls.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
# W1
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 112 -06 March 9, .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): 2775 Avenue Au Soleil, Gulf Stream, Florida
2. Legal Description: Place Au Soleil Lt. 93, & 4- 46 -43, Ely 110 ft. of Wly 272.58 ft. of
Sly 70 • Of 0 fL. 0 SE , E O
3. Name and address of owner /person in charge where violation(s) exist(s): Richard P. Lavoie
2775 Avenue Au Soleil Gulf Stream Florida 33483
4. Violation of Town Code Section(s) and description(s):Ord. 04/4 r ; 1 TT, Spr 27 -31, Parag. (4)
&(17) Dead trees .standing & on ground constituting a fire hazard; Ord. 04/4, Article II,
Sec. 33 -32, Parag. (7) Screen enclosure remains scattered about; Sec. 42.26 adopting
State Bldg. Gode by Reterence-Fia. Bldg. Code ec. R Rest entia Swinming
Barrier Required, pool screen enclosure collapsed from hurricane and pool no longer
lace.
(SEE ATTACHED `EXHIBIT OF VIOLATIONS ")
2nd 3rd 4th 5th
5. Date of first inspection: 12 -5 -05, 1- 24 -06, 2- 14 -06, 3 -3 -06, 3 -7 -06
6. Date owner first notified of violation(s): 1 -24 -06
7. Date on/by, which violations are to be corrected: 2 -25 -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 3 -28 -06 at 10 A.M. or as soon thereafter as the
case can be heard in the Town Hall Commission Chambers located at 100 Sea Road, Gulf Stream, FL.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer
allegations that you have violated the above cited sections of the Code of Ordinances of the Town of
Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his /her finding solely upon
presentation by the Town Code Inspector.
VV
William H. Thrasher, Town Manager
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Postage
$
.75
2.30
Cartlged Fee
1.75
Retum Receipt Fea
(Endorsement RequIMM
Restricted Delivery Fee
( PSdorsement RequITOM
Total Postage 8 Fees
$
4. 8 0
Sent To
Richard Lavoie
Sbaet. Apt No.;
or POBO:No. 2775
Avenue Au Soleil
City, State, ZlP+ Gulf
Stream
FL 33483
Certified Mail Provides: 7
■ A mailing receipt
■ A unique identifier for your mailpiece
• A signature upon delivery
• A record of delivery kept by the Postal Service for two years
Important Reminders:
• Certified Mail may ONLY be combined with First -Class Mall or Priority Mall.
• Certified Mail is not available for any class of international mail.
is NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
• For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete, attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mallpiece "Return Receipt Requested ". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mall receipt is
required.
• For an additional fee, delivery may be restricted to the addressee or
addressees authorized agent. Advise the clerk or mark the mallpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and of m label with postage and mall.
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Farm 3800, April 2002 (Reverse) 102595 -02 -M -1132
COMMISSIONERS
WILLIAM F. KOCH. JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. OEVITT III
ROBERT W. HOPKINS 11
WILLIAM A. LYNCH
December 2, 2005
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE•OF VIOLATION
Richard Lavoie
2775 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. Lavoie:
Telephone
(561) 276 -5116
Fax
(561) 737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
CERTIFIED MAIL
RETM RECEIPT REQUESTED
It has come to our attention that there are several code violations
on your property at 2775 Avenue Au Soleil. The grass in the back yard
is in violation of Ordinance 04/4, Article II., Section 22 -31, Paragraph
(3) in that the grass is in excess of 8 inches in height. The
swimming pool is completely black and in violation of Ordinance 04/4,
Article II., Section 22 -31, Paragraph (15). The pool screen enclosure
was damaged in the Hurricane and in a state of collapse in violation
of Ordinance 04/4, Article II., Section 22 -32, Paragraph (7). With
the damage to the pool enclosure, your pool is no longer in compliance
with the State Building Code regarding the fencing of pools. There
are also dead trees on the property in violation of Ordinance 04/4,
Article II., Section 22 -31, Paragraph (4).
This is to be considered official notice
within 10 days. Failing to comply with
future action as provided in Chapter 2,
the Code of Ordinances, a copy of which
of the other sections mentioned.
Very truly yours,
At;, UGC_
William Thrasher`
Town Manager
Encls.
to correct these violations
this order shall result in
Article III, Division 2 of
is enclosed along with copies
100 SEA ROAD, GULF STREAM, FLORIDA 33483
i=C
a 2 -a2
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.
(c) 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.
(f) Minutes shall be maintained at all hearings
presided over by the special master; all hearings
shall be open to the public. The town shall provide
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)
.ADMINISTRATION
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special master
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
^_•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 purches-
§ 2-70 GULF STREA -M 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 respondents) 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
r
AD,NIINIST[UTION a ,,.,r
may be foreclosed on real property which is a Beach County, Florida. The newspaper
homestead under Section 4, Article Y of the State shall meet such requirements as are pre.
Constitution. scribed under F.S. ch. 50 for legal and
(Ord. No. 98 -3, § 1, 5- 14 -98) official advertisements.
Sec. 2 -73. Duration.
No lien provided under this division shall con-
tinue 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 contin-
uation 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.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
master 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 master. The
appeal shall be filed within 30 days of the execu-
tion of the order to be appealed.
(Ord. No. 98 -3, § 1, 5- 14 -98)
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 bther 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,
notice may also be served by publication or post-
ing, as follows:
(1) Such notice shall be published once dur-
ing each week for four consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
CD2:7
(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 post-
ing 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.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -76. Procedure to request that a fine
or lien imposed pursuant to sec.
tion 2 -72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which a
fine or lien has been imposed pursuant to section
2 -72 may apply to the special master, through the
town attorney or his/her designee, for a satisfac-
tion of the fine or lien with less than full payment
thereof. No such application shall be considered
by the special master 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 sub-
ject 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 cor-
rected under necessary permits issued
therefor.
§ 2.76 GULF STREAK[ CODE
(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 spe-
cial master with less than full payment thereof,
unless the special master shall make a specific
finding that no violation of any ordinance de-
scribed in section 2 -68 of this Code exists on the
subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2 -72 that is reduced by the
special master shall be paid on such terms as
.approved by the special master.
(d) If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi - government entity, the spe-
cial master may reduce such fine even if the
violation has not been corrected.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -77. Provisions supplemental and cu-
mulative.
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.
(Ord. No. 98 -3, § 1, 5- 14 -98)
Sec. 2 -78. Alternative code enforcement pro-
cedures.
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 ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defi-
nite term of imprisonment not to exceed 60 days,
in a municipal detention facility or other facility
as authorized by law.
(Ord. No. 98 -3, § 1, 5- 14 -98)
CD2:8
Palm Beach County Property Appraiser Property Search System
Page 1 of 2
Location Address: 2775 AVENUE AU SOLEIL
View Map
Municipality: GULF STREAM
Parcel Control Number: 20- 43- 46- 04- 22- 000 -0930
Subdivision: PLACE AU SOLIEL
Official Records Book: 16048 Page: 252 Sale Date: Jun-2003
Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF
SLY 70 FT OF N 100 FT OF SE 1/4 E OF
Owner Information
Name: LAVOIE RICHARD P All Owners
Mailing Address: 2775 AVENUE AU SOLEIL
GULFSTREAM FL 33483 6133
warns inrUr urauvu
2004
1 2003
Sales Date Book /Page
Price
Sale Type Owner
3un -2003 16048j0252
$0
REP DEED LAVOIE RICHARD P
Nov -1980 03818]0158
$100
QUIT CLAIM LA VOIE GILDA M EST &
rxempnons
Regular Homestead: $25,000 Year of Exemption: 2006
Total: $25,000
Assessed and Taxable Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
- Io1A values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005
2004
1 2003
$373,750
Tax Year:
2005
0
2004
2003
Tax Year 2005
Improvement Value:
$198,750
139 278
21,396
Number of Units: 1
Land Value:
$175,000
$160,0$90,000 00
*Total Square Feet: 2719
Total Market Value:
$373,750
$299,2781
$211,39 6
Acres: 0.50
Use Code:
0100 Description: RESIDENTIAL
* in residential
properties may indicate living area.
Assessed and Taxable Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
- Io1A values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005
2004
1 2003
$373,750
$299,2781
211,396
0
0
0
$373,750
$299,2781
$211,396
2005
2004
2003
$6,915
5 683
4 134
104
104
104
$7,019
$5,7871
4,2381
Structure Detail
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