HomeMy Public PortalAbout03/09/2006 * Case #CE-1-06 * SununuTown of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone(561)276 -5116
CODE ENFORCEMENT SPECIAL MASTER
TOWN OF GULF STREAM, FLORIDA
CASE: CE 11 -06
STATEMENT OF VIOLATION AND NOTICE OF HEARING
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Fax (561) 737 -0188
March 9 .2006
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): 820 Canary Walk, Gulf Stream, Florida
2. Legal Description: Lot 26 Place Au Soleil
3. Name and address of owner /person in charge where violation(s) exist(s): Charles V. Sununu
820 Canary Walk, Gulf Stream, Florida 33483
4. Violation of Town Code Section(s) and description(s): _ Ord. 04/4 , Article II. Sec. 22 -31, Parag.
(15) stagnant water in pool; Ord. 40/4, Article II., Sec. 22 -31, Parag. (4) & (17)
Dead trees & shrubs on property constituting a fire hazard; Ord. 04/4, Article II,
- - adopting
State Bldg. Code by Reference -Fla. Bldg. Code 2004 Sec. R4101.17 Residential Swimming
1 35Eier Requix-ed,,peol sereen. e....1.... ire ee- i.._ -_d .c__ huri4eane and 'o longer
in compliance with Fla. Bldg. Code and no temporary barrier has been put in place.
(SEE ATTACHED `EXHIBIT OF VIOLATIONS ")
5. Date of first inspection: February 14, 2006
6. Date owner first notified of violation(s): February 17, 2006
7. Date on/by, which violations are to be corrected: February 27 2006
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *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 1 -99-n6 at I 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.
William H. Thrasher, Town Manager
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. NOCK. JR. Mayor
JOAN A. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS 0. WHEELER
MURIEL J. ANDERSON
August 3, 2006
Charles Sununu
820 Canary Walk
Gulf Stream, Florida 33483
Dear Mr. Sununu:
Telephone
(561) 276.5116
Fu
(561) 737.0166
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA LTAVLOR
We are enclosing herewith a copy of the lien that the Town has
placed against your property,legally described as Lot 26, Place
Au Soleil Subdivision.
Inasmuch as you have failed to correct the violation on this
property, the Town had no choice but to follow the procedure as
outlined in the Code of Ordinances. Please note that the Special
Magistrate assessed a $25.00 per day fine beginning on April 22,
2006 that continues to accrue as long as the violation continues
to exist.
Very truly yours,
VVAKJ� N 6v""
William H. Thrasher
Town Manager
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
RECORD AND RETURN TO: WILL CALL #85
JOHN C. RANDOLPH, Esquire IIIIIII' 1IIIIIIII' llllll 'I'IIII'IuIIIIIIl1llrylpll�
Jones, Foster, Johnston'& Stubbs, P.A. q N N 11 ,I 11 a
P.O. Box 3475, West Palm Beach, FL 33402 -3475
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Re: Violation of Sections 22 -31, Parag.(15), of the Code of Ordinances of the Town of Gulf Stream. ?
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Address: 820 CANARY WAY o
Gulf Stream, Florida
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Legal Description: PLACE AU SOLEIL LT 26
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The Special Magistrate appointed by the City Council to hear code enforcement cases for the Q,
Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the
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Code Enforcement Hearing held on the 0' day of May, 2006, and based on the evidence and ;
testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER -
are hereby entered: a
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FINDINGS OF FACT i
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1. The Respondent, CHARLES SUNUNU, was present at the hearing and there was a
finding of proper notice.
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2. The Town Manager, Bill Thrasher, testified to the continuing violation.
CONCLUSIONS OF LAW
Respondent remains in violation of the above listed code sections of the Code of Ordinances
of the Town of Gulf Stream.
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CODE ENFORCEMENT ORDER
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TOWN OF GULF STREAM, FLORIDA
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ORDER ASSESSING FINE
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TOWN OF GULF STREAM,
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Petitioner,
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Case No. CE1 -06
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CHARLES SUNUNU,
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Respondent.
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Re: Violation of Sections 22 -31, Parag.(15), of the Code of Ordinances of the Town of Gulf Stream. ?
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Address: 820 CANARY WAY o
Gulf Stream, Florida
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Legal Description: PLACE AU SOLEIL LT 26
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The Special Magistrate appointed by the City Council to hear code enforcement cases for the Q,
Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the
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Code Enforcement Hearing held on the 0' day of May, 2006, and based on the evidence and ;
testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER -
are hereby entered: a
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FINDINGS OF FACT i
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1. The Respondent, CHARLES SUNUNU, was present at the hearing and there was a
finding of proper notice.
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2. The Town Manager, Bill Thrasher, testified to the continuing violation.
CONCLUSIONS OF LAW
Respondent remains in violation of the above listed code sections of the Code of Ordinances
of the Town of Gulf Stream.
It is the Order of the Code Enforcement Special Magistrate that Respondent, CHARLES
SUNUNU, shall immediately comply with the above listed code sections of the Code of Ordinances
of the Town of Gulf Stream.
A fine of twenty- five - dollars ($25.00)per day is hereby assessed for the violation that has
existed. The fine is imposed beginning April 22, 2006 and will continue to accrue at twenty-five-
dollars ($25.00) per day for each day the violation(s) continue to exist.
A certified copy of this Order may be recorded in the Public Records of Palm Beach County,
Florida, and, once recorded, shall constitute a lien against the property upon which the violation
existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter
162, Florida Statutes for the original amount.
Upon complying, it is the responsibility of the Respondent to notify the Town of Gulf Stream
Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 9`h day of May, 2006.
TOWN OF GULF STREAM
CODE ORCEMENT
BY: G.
Special Magistrate
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. 50 2006 CA 13887 XXXX MB AW
LASALLE BANK NATIONAL ASSOCIATION,
as Trustee for Certificateholders of Bear Stearns
Asset Backed Securities I LLC, Asset - Backed
Certificates, Series 2005 -FRI,
Plaintiff,
vs
CHARLES V. SUNUNU; ETAL,
Defendants.
TOWN OF GULF STREAM'S ANSWER TO COMPLAINT
TO FORECLOSE MORTGAGE AND TO
ENFORCE LOST LOAN DOCUMENTS
COMES NOW Defendant, TOWN OF GULF STREAM, FLORIDA, by and
through its undersigned counsel, and for its answer to the Complaint to Foreclose
Mortgage and to Enforce Lost Loan Documents filed herein states:
1. Defendant, TOWN OF GULF STREAM, is without knowledge or
information as to the allegations contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15 and 16 and, therefore, denies same and demands strict proof thereof.
2. As to the allegations contained in paragraph 17, Defendant, TOWN OF
GULF STREAM, admits that it claims an interest in the subject property by virtue of an
Order Assessing Fine, recorded in Official Record Book 20643, Page 1185, public
records of Palm Beach County, Florida, but denies that such interest is inferior to
Plaintiffs mortgage.
3. Defendant, TOWN OF GULF STREAM, is without knowledge or
information as to the allegations contained in paragraphs 18, 19, 20, 21, 22 and 23 and,
therefore, denies same and demands strict proof thereof.
4. Defendant, TOWN OF GULF STREAM, denies each and every allegation
of Plaintiffs Complaint not specifically admitted herein.
I HEREBY CERTIFY that a true copy of the foregoing instrument has been
furnished to LANCE E. FORMAN, Esquire, Law Offices of David J. Stern, P.A., 801
University Drive, Suite 500, Plantation, Florida 33324, by United States mail, this
day of January, 2007.
JOHN C RANDOLPH, Esquire
Jones, Foster, Johnston & Stubbs, P.A.
Attorneys for Town of Gulf Stream
505 South Flagler Drive, Suite 1100
Post Office Box 3475
West Palm Beach, Florida 33402 -3475
Telephone: 561- 659 -3000
Facsimile: -561- 650 -0465
C. Randolph
a Bar No. 1219000
PAD0CS113147100001 \PLD\1186749. DOC
AdORD AND RETURN TO: WILL CALL #85
JOHN C. RANDOLPH, Esquire
Jones, Foster, Johnston & Stubbs, P.A.
P.O. Box 3475. West Palm Beach, FL 33402 -3475
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CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
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TO .J F GULF STREAK o
Retit3oner,
V.
CHARLES SLY
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Respondent
Re: Violation of Sections
Address:
ORDER ASSESSING FINE
Case No. CEI -06
of the Code of Ordinances of the Town of Gulf Stream.
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Florida
Legal Description: PI?2}CE AU SOLEIL LT 26
The Special Magistrate appo�E%by the City Council to hear code enforcement cases for the
Town of Gulf Stream, in accordance hapter 162, Florida Statutes, has heard testimony at the
Code Enforcement Hearing held one day of May, 2006, and based on the evidence and
testimony presented, the following FIN1523G§ OF FACT, CONCLUSIONS OF LAW, and ORDER
are hereby entered:
FINDINGS OF FACT
1. The Respondent, CHARLES SUNUNU, was present at the hearing and there was a
finding of proper notice.
2. The Town Manager, Bill Thrasher, testified to the continuing violation.
CONCLUSIONS OF LAW
Respondent remains in violation of the above listed code sections of the Code of Ordinances
of the Town of Gulf Stream.
Book20643 /Pagel 185 Page 1 of 2
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It is the Order of the Code Enforcement Special Magistrate that Respondent, CHARLES
iftshall immediately comply with the above listed code sections of the Code of Ordinances
own of Gulf Stream.
�( fine of twenty- five - dollars ($25.00)per day is hereby assessed for the violation that has
existk: Thg fine is imposed beginning April 22, 2006 and will continue to accrue at twenty-five-
dollars *,-,00) per day for each day the violation(s) continue to exist.
A c T d copy of this Order maybe recorded in the Public Records ofPahn Beach County,
Florida, an recorded, shall constitute a lien against the property upon which the violation
existed and y other real or personal property owned by the Respondent, pursuant to Chapter
162, Flo�eafor the original amount.
Upon comply1�, it is the responsibility of the Respondent to notify the Town of Gulf Stream
Code Enforcement Cie,it (561) 276 -5116 to request a reinspection of the property.
DONE A�:OFDERED this 9a' day of May, 2006.
Book20643 /Pagel 186
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(L) BY:
TOWN OF GULF STREAM
;C0DDEORCEMENT a_j�
Special Magistrate
Page 2 of 2
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