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HomeMy Public PortalAbout11/15/2006 *Case #CE-6-06 * TurnerTOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE O NON- COMPLIANCT% (circle one) CASE NO. CE #6 -06 DATE: 11 -15 -06 LOCATION OF VIOLATION: Anthony Turner •11 I, William Thrasher , have personally examined the property described above and (Town Official/Inspector) 42.26 thru Find that said property is (NOT) (XOM�in compliance with Sectiou(s) 42.28 of the Code of the Town of Gulf Stream as of the _3rd day of November , 20 gam_ Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 15th day of NmTpnbpr , 20 f16_ 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) NOTARY PUBLIC State of Florida TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON November 16, 2006 Anthony Turner 2900 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Turner: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR We are enclosing an Affidavit of Non - Compliance along with the Special Magistrates Order Assessing Fine covering code violations at the above address cited under Case #CE6 -06. At the hearing held on November 14, 2006, you were found to still be in violation of Sections 42.26 through 42.28 of the Code of Ordinances of the Town of Gulf Stream. The Special Magistrate ordered that a fine of fifty - dollars ($50.00) per day be assessed for the violation that has existed for the period beginning November 4, 2006 and continue to accrue at fifty - dollars ($50.00) per day until the complete permit application is received by the Town. The Special Magistrate continued to reserve ruling as to whether the dock is in compliance with all applicable codes. Very truly yours, Rita L. Taylor Town Clerk CC: Attorney Keith Kern 100 SEA ROAD, GULF STREAM, FLORIDA 33483 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. ANTHONY S. TURNER Respondent. ORDER ASSESSING FINE Case No. CE 6 -06 Re: Violation of Sections 42.26 through 42.28, of the Code of Ordinances of the Town of Gulf Stream. Address: 2900 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: 4- 46 -43, N 100 FT OF SE 1/4 LYG E OF SR 5 & W OF FIND CNL (LESS IRREG SHAPED PAR E & ADJTO SR 5, ELY 230 FT OF WLY The Special Magistrate appointed by the City Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 14`h day of November, 2006, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: Keith Kern. FINDINGS OF FACT The Respondent, ANTHONY S. TURNER, was represented at the hearing by attorney There was a finding of proper notice. 3. The Town Manager testified to the 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, ANTHONY S. TURNER, shall immediately comply with the above listed code sections of the Code of Ordinances of the Town of Gulf Stream. A fine of fifty - dollars ($50.00) per day is hereby assessed for the violation that has existed. The fine is imposed for the period beginning November 4, 2006, and will continue to accrue at fifty - dollars ($50.00) per day until the completed permit is applied to the Town. The Special Magistrate continues to reserve ruling as to whether the dock is in compliance with all applicable codes. 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 14`h day of November, 2006. TOWN OF GULF STREAM CODE ENFORCEMENT BY: Special Magistrate Nov.14. 2006 1:34PM GLEN J TORCIVIA Glen J. Torcivia Paulette Torcivia Lara Donlon Christ/ Goddeau The Law Office of Glen J. Torcivia and Associates, P.A. Northpoint Corporate Center 701 Northpoint Parkway Suite 209 West Palm Beach, Florida 33407 FAX TRANSMITTAL COVER SHEET DATE November 14, 2006 TO RITA TAYLOR, TOWN CLERK FAX NO. . 737 -0188 PAGES : 3 INCLUDING COVER PAGE FROM LARA DONLON, ESQUIRE PHONE 561 -686 -8700 RE GULF STREAM CODE ENFORCEMENT November 14, 2006 NO-6861 P, 1 Telephone (561) 686 -8700 Telefax (561) 686 -8764 Email: glen@torcivialaw.com COMMENTS: Attached is the Orders regarding the above referenced hearing. 1 will be putting the original in the mail today. PLEASE NOTIFY US IMMEDIATELY OF ANY PROBLEMS WITH THIS TRANSMISSION AT (561) 686 -8700; FAX NO. (561) 686 -8764 THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER Of THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PI PASS NOTIFY US IMMEDIATELY BY TBLEPHONS COLLECT AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. WE WILL REIMBURSE YOU FOR YOUR EXPENSES. THANK YOU CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. ANTHONY S. TURNER Respondent. ORDER ASSESSING FINE Case No. CE 6 -06 Re: Violation of Sections 42.26 through 42.28, of the Code of Ordinances of the Town of Gulf Stream, Address: 2900 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: 4- 46 -43, N 100 FT OF SE 1/4 LYG E OF SR 5 & W OF FIND CNL (LESS IRREG SHAPED PAR E & ADJTO SR 5, ELY 230 FT OF WLY The Special Magistrate appointed by the City Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement hearing held on the 14th day of November, 2006, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, ANTHONY S. TURNER, was represented at the hearing by attorney Keith Kern. 2. There was a finding of proper notice. 3. The Town Manager testified to the 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. ORDER It is the Order of the Code Enforcement Special Magistrate that Respondent, ANTHONY S, TURNER, shall immediately comply with the above listed code sections ofthe Code of Ordinances of the Town of Gulf Stream. A fine of fifty - dollars ($50.00) per day is hereby assessed for the violation that has existed. The fine is imposed for the period beginning November 4, 2006, and will continue to accrue at fifty - dollars ($50,00) per day until the completed permit is applied to the Town. The Special Magistrate continues to reserve ruling as to whether the dock is in compliance with all applicable codes, 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 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 14'h day of November, 2006. TOWN OF GULF STREAM CODEENFORCEMENT BY: Az' •' Special Magistrate riECORD AND RETURN TO: John C. -.ands ph, Esquire Jones, Foster, Johnston & Stubbs, P.A. P.O. Box 3475, WPB, FL 33402 -3475 WILL CALL #85 11111M 111111111111111M CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. ANTHONYS.TURNER Respondent. ORDER ASSESSING FINE Case No. CE 6 -06 Re: Violation of Sections 42.26 through 42.28, of the Code of Ordinances of the Town of Gulf Stream. Address: 2900 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: 4- 46 -43, N 100 FT OF SE 1/4 LYG E OF SR 5 & W OF FIND CNL (LESS IRREG SHAPED PAR E & ADJTO SR 5, ELY 230 FT OF WLY The Special Magistrate appointed by the City Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 14°i day of November, 2006, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, ANTHONY S. TURNER, was represented at the hearing by attorney Keith Kern. 2. There was a finding of proper notice. The Town Manager testified to the violation. 9T s m a m 0 n c r rr c. C T C r r m X m rn m Z C n. 0 a ca 0 a, Ul w° 0 m m 0 0 Ti G7 m N) yy m, r3 0 1= m cs 4- 23 03 N a 0 m 07 7'r hi GJ 'O g ru ri w -cz w P 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, ANTHONY S. TURNER, shall immediately comply with the above listed code sections ofthe Code of Ordinances of the Town of Gulf Stream. A fine of fifty - dollars ($50.00) per day is hereby assessed for the violation that has existed. The fine is imposed for the period beginning November 4, 2006, and will continue to accrue at fifty - dollars ($50.00) per day until the completed permit is applied to the Town. The Special Magistrate continues to reserve ruling as to whether the dock is in compliance with all applicable codes. 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 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 14th day of November, 2006. TOWN OF GULF STREAM CODE ENFORCEMENT BY: A�- Special Magistrate . s. Clerk's Certificate STATE OF FLORIDA ) COUNTY OF PALM BEACH) TOWN OF GULF STREAM ) I, Rita L. Taylor, hereby certify that I am the duly appointed and acting Clerk of the Town of Gulf Stream, Florida; that the foregoing is a true and correct copy of a Document, the original of which is on file in the Office of the Town Clerk of the Town of Gulf Stream, Florida. IN WITNESS WHEREOF, I have and affixed the official seal 6th day of April A.D. 2009. (SEAL) ".R hereunto set my hand of said Town, this a GGti Rita L. ay o Town Clerk 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: jrandolph @jones- foster.com April 21, 2009 Ms. Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream Florida 33483 Re: Town of Gulf Stream Anthony S. Turner 2900 Avenue Au Soleil CEB Case No. 6 -06 Our File No. 13147.1 Dear Rita: Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone (561) 659 -3000 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402 -3475 Enclosed for your records is the original Order Assessing Fine, relating to the above captioned matter, which was recorded on April 8, 2009, in Official Record Book 23167, Page 0124, public records of Palm Beach County, Florida. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. /'4 hn Ra ndolph JCR/ssm Enclosure www.iones-foster.com �% VI-8I0.9127402 Iii Fr Lo 4. ....I .P, 1*0 ....I s; E. 0 0 F" " COD CD w 7y C) ftl cn w w 00 uj a) c m 0 Z 0 z n > 0 (n r x rc P) C3 ; (n n x -n < 9 M r 0 0 > y z W 1% 9 -0 0 j !T r .4 Rita L. Taylor AA-A A n ;I 7ZY- /Y 4- MEMBER The Humane Society of the United States k 41 �% VI-8I0.9127402 Iii Fr Lo 4. ....I .P, 1*0 ....I s; E. 0 0 F" " COD CD w 7y C) ftl cn w w 00 uj a) c m 0 Z 0 z n > 0 (n r x rc P) C3 ; (n n x -n < 9 M r 0 0 > y z W 1% 9 -0 0 j !T r TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON July 5, 2007 Keith Kern, Esq. Perry & Kern, P.A. 88 Northeast 5th Avenue Delray Beach, Florida 33483 Dear Counselor: ,My Telephone (561) 276 -5116 Fax (561) 737 -0168 Town Manager WILLIAM H.THRASHER Town Clerk RITA L TAYLOR As a courtesy, we are advising that we have still not received a completed permit application in regards to the dock at 2900 Avenue Au Soleil, the residence of Anthony Turner. Inasmuch as a fine of $50.00 per day continues to accumulate from November 4, 2006, we wanted to make certain you were aware that the problems with the dock had not been corrected.. We are enclosing a copy of a fax that was sent to Philip Kaplan on November 27, 2006. This is the last contact we have had regarding this matter. If you have any questions, do not hesitate to contact our office. Very truly yours, 4 & ff•61), William H. Thrasher Town Manager Encl. 100 SETA ROAD, GULF STREAM, FLORIDA 33483 November 27, 2006 Faxed To: Philip Kaplan 561- 330 -3141 Durable Installation Inc. From: William H. Thrasher Town Manager, Gulf Stream Re: Permit to Construct Wood Dock, 2900 Ave. Au Soleil This morning 1 informed you that the permit application presented by you for Mr. Anthony Turner was incomplete and does not meet the Town Code. Before the Town can approve the permit application it must have approval from the Army Corpes and /or Department of Environmental Protection. You acknowledged the that the Corpes had not approved the permit application and that you had mailed the documents November 22, 2006. I also informed you that the maximum allowable width of the dock is 5 feet. The application provided to the Town indicates that the dock is 8 feet wide and therefore is in violation of the Code. I am providing a copy of the Code which states "no dock shall exceed five feet in width." If 1 can assist you further doing the permit application process please call me at Town Hall, 561- 276 -5116. November 27, 2006 Faxed To: Philip Kaplan 561- 330 -3141 Durable Installation Inc. From: William H. Thrasher Town Manager, Gulf Stream Re: Permit to Construct Wood Dock, 2900 Ave. Au Soleil This morning I informed you that the permit application presented by you for Mr. Anthony Turner was incomplete and does not meet the Town Code. Before the Town can approve the permit application it must have approval from the Army Corpes and/or Department of Environmental Protection. You acknowledged the that the Corpes had not approved the permit application and that you had mailed the documents November 22, 2006. I also informed you that the maximum allowable width of the dock is 5 feet. The application provided to the Town indicates that the dock is 8 feet wide and therefore is in violation of the Code. I am providing a copy of the Code which states "no dock shall exceed five feet in width." If I can assist you further doing the permit application process please call me at Town Hall, 561- 276 -5116. FROG" § 66.369 GULF STREAM CODE (3) Prohibited uses. Dockage of commercial b. No dock shall exceed five feet in vessels or rental of dock space exclusive of width. the dwelling and property shall be prohib- ited. C. Boats, docks and lifts shall be paral- lel to the seawall. (4) Docking parallel to seawall only. Docking d. Docks shall be no higher than any of vessels shall be permitted in a manner abutting seawall or five and one -half so that the vessel is docked parallel to the feet above mean sea level, whichever seawall. Docking in any other manner is prohibited. is greater. Ancillary handrails, steps and lights shall not g project more (5) Ancillary structures permitted. Ancillary than four feet above the dock. structures including handrails, steps, swim e. There shall be a docking zone as ladders and up to a maximum of four designated on the illustrations incor- dolphins, a boat lift as described in para- porated herein and attached hereto graph (6) below, two water hookups, two as Exhibit "A ". [See the end of this electrical outlets in excess of 115 volts, section.] Neither the dock, boat lift, two lights, and one dock box shall be nor any portion or accessory of the permitted in accordance with the provi- boat, dock or boat lift may exceed sions of this chapter. Boathouses, fixed past the docking zone. Far lots with covers, fixed benches, fixed fish cleaning designated water frontage greater apparatus, fixed maintenance apparatus, than or equal to 100 feet, the dock - fuel pumps, sewage pump -outs, flagpoles ing zone shall have a 15 -foot mini - and diving platforms/boards shall be pro - hibited. mum offset from the setback centerlines on each side with the (6) Location and dimensions. total setback distance being a mini- mum of 30 percent of the designated a. There shall be one dock and/or boat water frontage. The docking zone for lift per lot. For purposes of this sec- cove end lots shall have a five -foot tion, a boat lift shall include any minimum offset from the setback device fixed to the ground, seawall, centerlines. For lots with designated post, piling or a dock designed to lift water frontage less than 100 feet the watercraft clear of the water. Lots docking zone shall have a minimum having water frontage on both a cove five -foot offset from each of the set- and the Intracoastal shall be al- back centerlines. In any case neither lowed one dock and/or boat lift in the boat nor dock shall exceed a length cove and one dock and/or boat lift of 70 feet. For rounded comer lots, along the Intracoastal Waterway. water frontage is determined by the Nothing in this section shall pre - midpoint of the arc. For purposes of clude the installation of one addi- determining designated water front - tional boat lift installed on the sea- age, dock widths, setbacks and max - wall or platforms landward of the imum boat lengths for each water - seawall used for the purpose of stor- front lot within the town, the figures ing or hoisting small watercraft into contained within Exhibit "B" st- and out of the water. The boat lift tached hereto and incorporated herein shall be limited to a single arm and a shall apply. [�P t��EE of this sec - 1,500 pound lifting capacity. No wa- tion.] In casb1it itiple water tercraft shall be stored on the dock frontages, owner must treat each or on the land in view of abutting frontage according to the appropri- neighbors. ate size category. CD66:70 MINUTES OF THE FINE ASSESSMENT HEARING HELD BY THE SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, NOVEMBER 14, AT 8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Magistrate Lara Donlon called the hearing to order at 8:30 A.M. Special Magistrate Donlon administered the Oath to Keith Kern, Attorney for Mr. Taylor and William Thrasher, Town Manager. The Special Magistrate instructed that the Town would first present their case and then the defendant could present his case and cross - examination would follow if, so desired. Case No. CE6 -06: Anthony, S. Turner, 2900 Avenue Au Soleil Installation of a dock without first obtaining a building permit, in violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances. Town Manager Thrasher explained that the respondent did not comply with the ruling of the Special Magistrate, in that he has not applied for a building permit for the installation of the existing dock by November P. Mr. Turner was represented by Attorney Kern who explained that the home owner is willing to secure a permit for the dock. However, he attempted to hire several different contractors but was unable to get one that would apply for a permit, given that the dock is already in place. He stated that his client recently contracted with Top Gun Construction, and engineer Michael Baver was hired to do the engineering plans. The plans would be available within the next couple days, at which time Top Gun Construction would be applying for the permit. Mr. Kern stated that his client has shown good faith and he requested an extension of time to complete the permitting process because of the delay of not being able to find a contractor earlier that was willing to do thejob. Mr. Thrasher asked how often Mr. Kern is in contact with the homeowner and what does he believe the scope of work would involve. Mr. Kern explained that the homeowner is out of the country often but he speaks with him every other week. However, there is a friend of the homeowner that he is in contact with weekly. He stated that the seawall juts in as compared to the neighbors but if the County determines that the dock is in violation, it would have to be moved or removed. He added that he is not sure whether the Army Core of Engineer would be involved in the permitting process. Special Magistrate Donlon asked the Town Manager what he would recommend on behalf of the Town to adjudicate this matter. The Town Manager stated that the dock has to be modified and requested that a building permit for a dock, including approvals from the Department of Environmental Protection and any other Town of Gulf Stream Fine Assessment Hearing November 14, 2006 Page 2 required agency be applied for and a fee of $100.00 per day be assessed until such time as the complete application is received by the Town. Special Magistrate Donlon concluded that the respondent remains in violation of the above listed code sections of the Code of Ordinances of the Town of Gulf Stream. She ordered that a fine of $50.00 per day be assessed for the violation for the period beginning November 4, 2006, and continuing to accrue at $50.00 per day until a complete permit application is received. The Special Magistrate continued to reserve ruling as to whether the dock is in compliance with the applicable code. There being no other items on the agenda, the Special Magistrate adjourned the meeting at 8:45 A.M. YvWne E. Eckert, CMC Deptty Town Clerk Sep, 12. 2006 2:08PM SCOTT PERRY & KERN, P.A. ATTORNEYS AT LAW No. 0599 P. 1 OCEAN CITY 'TITLE COMPANY, INC 50 SOUTHEAST 4TH AVENUE 88 NORTHEAST 5TH AVENUE DELRAY BEACH, FLORIDA 33483 DELRAY BEACH, FLORIDA 33483 TEL:561- 2764146 TEL:561- 819.0464 FAX: 561 - 276 -3859 FAx: 561- 819 -0465 PLEASE RESPOND TO: PERRY & KERN ❑ OCEAN CITY TITLE l ACSIMILL To: MR. BILL THRASHER From: KEITH D. KERN, ESQ. MS. RITA TAYLOR TOWN OF GULFSTREAM Fax: 737 -0188 Pages: 1 Phone: 276 -5116 Date: Re: TONYTURNER CC: COMMENTS: I have been unable to reach my client until today regarding the upcoming hearing. He is out of the country (Costa Rica) until September 20. The hearing is scheduled for the 19`h. We will unfortunately again have to request a postponement. Please advise as to whether this is acceptable. Thank you, CONFIDENTIALITY NOTE: The information contained in this message Is privileged and confidential information exempt from disclosure under applicable law and is intended only for the use of the Intended recipient listed above. If this message is received In error, you are hereby noted that distribution, dissemination or copying of the information contained herein is strictly prohibited. If you have received this transmission In error, please contact this office immediately by telephone. Thank you for your cooperation CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, NOVEMBER 14, 2006 AT 8:30 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Case No. 6 -06; Anthony S. Turner, 2900 Avenue Au Soleil, Gulf Stream, Florida. A. Fine Assessment /Status Hearing 1. Installation of a dock without first obtaining a building permit in Violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances which adopted by reference the Building Codes of Palm Beach County, now superceeded by Florida Building Code Sec. 104. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCK, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 8. OEVRT III CHRIS D. WHEELER MURIEL J. ANDERSON September 26, 2006 Anthony Turner 2900 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Turner: Telephone (561) 2765118 Fez (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA L TAYLOR Hand Deliver Article 4177 We are enclosing an Affidavit of Non - Compliance covering code violations at the above address cited under Case #CE6 -06. At the hearing held on September 19, 2006, you were found in violation of Sections 42.26 through 42.28 of the Code of Ordinances of the Town of Gulf Stream. The Special Magistrate ordered compliance no later than November 3, 2006 and reserved ruling as to whether the dock itself is in compliance with the specifications of the code. Failing to comply shall result in a fine of $250.00 per day for each day the violation continues to exist. A Fine Assessment /Status Hearing will be held before the Special Magistrate on November 14, 2006 at 8:30 A.M. at the Town Hall of Gulf Stream, 100 Sea Road, Gulf Stream, Florida. V truly yours, zz r �� Rita L. Taylor Town Clerk CC: Attorney Keith Kern 100 SETA ROAD, GULF STREAM, FLORIDA 33483 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, V. ANTHONY S. TURNER, Respondent. Case No. 6 -06 Re: Violation of Sections 42.26 through 42.28, of the Code of Ordinances of the Town of Gulf Stream. Address: 2900 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: 4- 46 -43, N 100 FT OF SE 1/4 LYG E OF SR 5 & W OF FIND CNL (LESS IRREG SHAPED PAR E & ADJTO SR 5, ELY 230 FT OF WLY 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 19`h day of September, 2006, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: attorney Keith Kern. FINDINGS OF FACT The Respondent, ANTHONY S. TURNER, was represented at the hearing by There was a finding of proper notice. 3. The Town Manager, testified to and introduced photographs of the violation. 4. Respondent's attorney testified to his client's willingness to submit the appropriate documents to obtain a permit for the dock. CONCLUSIONS OF LAW Respondent is in violation of Sections 42.26 through 42.28, of the Code of Ordinances of the Town of Gulf Stream by failing to obtain a permit for the dock. It is the Order of the Code Enforcement Special Magistrate that Respondent, ANTHONY S. TURNER shall comply with Sections 42.26 through 42.28, of the Code of Ordinances of the Town of Gulf Stream by the 3rd day of November, 2006. The Special Magistrate shall reserve ruling as to whether the dock itself is in compliance with the specifications of the code. 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/Status Hearing will be held before the Special Magistrate on November 14, 2006, at 8:30 a.m., at the Town of Gulf Stream, 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 190' day of September, 2006. TOWN OF GULF STREAM CODE ENFORCEMENT BY: — Special Magistrate TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE O NON - COMPLIANCE (circle one) CASE NO. CE /I6 -06 DATE: 9-26 -06 LOCATION OF VIOLATION: I, Anthony Turner 2900 Avenue Au Soleil Gulf Stream, Florida 33483 William Thrasher , have personally examined the property described above and (Town Official/Inspector) 42.26 thru Find that said property is (NOT) in compliance with Section(s) 42.28 of the Code of the Town of Gulf Stream as of the 19th day of September , 2006 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 26th day of September . 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. KA L TAYLOR (SEAL). My COMMISSION#DO4W2 EXPIRES: February 21, 2010 ancA� Bomea Thru BU*I Notary swim NOTARY PUBLIC State of Florida MINUTES OF THE CODE VIOLATIONS HEARING HELD BY THE SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER 19, 2006, AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Magistrate Lars. Donlon called the hearing to order at 10:03 A.M. • Town Clerk Taylor administered the Oath to Keith Kern and William Thrasher, Town Manager. The Special Magistrate instructed that the Town would first present their case and then the defendant could present his case and cross - examine if, so desired. Case No. CE6 -06; Anthony. S. Turner, 2900 Avenue Au Soleil Dock installed without first obtaining a building permit in violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances. Town Manager Thrasher, presented the following exhibits: 1) Correspondence to Attorney Kern regarding hearing date; 2) Hearing agenda; 3) Statement of Violation and Notice of Hearing and a signed return receipt of Article 175; 4) Notice of Violation and a signed return receipt of Article 169; 5) Property Appraiser information showing Mr. Turner as owner of said property; 6) Photographs of the dock taken on August 25, 2006. Mr. Turner was represented by Attorney Keith Kern who explained that the homeowner was out of town and is unable to attend the meeting. He explained that his client hired contractors to install the dock and secure the appropriate permits. However, a permit was never applied for. He added that his client is willing to submit the appropriate documents to obtain a building permit for the dock. Special Magistrate Donlon asked the Town Manager what he would recommend on behalf of the Town to adjudicate this matter. Mr. Thrasher requested that a building permit for a dock, including approvals from the Department of Environmental Protection and any other required agency be applied for within 45 days. Attorney Kern advised that DEP approval is a long process and requested an extension as long as good faith is shown. Special Magistrate Donlon noted that proper notice was given and concluded that the respondent is in violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances by failing to obtain a permit for the dock. She ordered that the respondent shall comply Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances no later than November 3, 2006. If the respondent does not comply within the specified time, a fine of $250.00 per day shall be assessed for each day the violation continues to exist. ' Town of Gulf Stream September 19,2006 Code Enforcement Hearing Page 2 The Special Magistrate reserved ruling as to whether the dock itself is in compliance with the specifications of the code. She added that she would be setting a date for fine assessment/status hearing when she has access to her calendar. Case No. CE7 -06; Steven I Rooney. 930 Emerald Row • Lawn in poor condition with brown patches in violation of Chapter 22, Article II, Section 22 -31, Paragraph (4). Dead limbs in fruit tree in Violation of Chapter 22, Article II, Section 22 -31, Paragraph (4). Dead palm fronds against the house causing fire hazard in Violation of Chapter 22, Article II, Section 22 -31, Paragraph (17). Town Manager Thrasher presented the following exhibits: 1) An affidavit of Notice of Violation and notice of hearing; 2) Statement of Violation and Notice of Hearing; 3) Certified mail receipt signed by Mr. Rooney; 4) An incident report taken by Officer Ginsberg dated June 29, 2006; 5) Property Appraiser information showing Mr. Rooney as owner of said property; 6) Photographs of the property taken on July 28, 2006. The homeowner was not present and Mr. Thrasher reported that currently these violations have been corrected but after the deadline set in the Notice of Violation. Special Magistrate Donlon noted that the respondent was not present, however, proper notice was given. She concluded that the respondent was, but is no longer in violation of Chapter 22, Article II, Section 22 -31, Paragraph (4), and Chapter 22, Article II, Section 22 -31, Paragraph (17), of the Code of Ordinances of the Town of Gulfstream. The Special Magistrate ordered that the respondent shall continue to comply with Sections Chapter 22, Article II, Section 22 -31, Paragraph (4), and Chapter 22, Article II, Section 22 -31, Paragraph (17), of the Code of Ordinance of the Town of Gulfstream. Future violations of the cited code sections may constitute in a repeat violation which the respondent may be fined up to $500.00 per day for each day the violation continue to exist, starting on the date the Notice of Violation is issued. There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:33 A.M. Yv nne E. Eckert, CMC De uty Town Clerk TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM E KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED O. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON September 5, 2006 Keith D. Kern, Esq. Perry & Kern, P.A. 50 S.E. Fourth Avenue Delray Beach, Florida 33483 Dear Attorney Kern: Telephone (set) 276.5116 Fax (561) 737 -0186 Town Manager WILLIAM H. THRASHER Town Clerk RITA LTAYLOR This is to confirm my phone conversation with your office this date wherein I advised that the hearing of August 29, 2006 regarding Mr. Anthony Turner's dock,that was postponed at your request,has been rescheduled. The Code Enforcement Special Magistrate Hearing will be held on Tuesday, September 19, 2006 at 10:00 A.M. in the Town Hall at the address below. No additional notice will be provided. Copies of the material in our files related to this matter were faxed to you on August 29, 2006. Very truly yours, Rf ,Gf�L L f -y r Town Clerk CC: Anthony Turner 100 SEA ROAD, GULF STREAM, FLORIDA 33483 CODE ENFORCEMENT HEARING TO BE MAGISTRATE OF THE TOWN OF GULF AT 10:00 A.M. IN THE COMMISSION ROAD, GULF STREAM, FLORIDA. I. Call to Order. HELD BY THE CODE ENFORCEMENT SPECIAL STREAM ON TUESDAY, SEPTEMBER 19, 2006 CHAMBERS OF THE TOWN HALL, 100 SEA AGENDA II. Case No. 6 -06; Anthony S. Turner, 2900 Avenue Au Soleil, Gulf Stream, Florida. (Postponed on August 29, 2006 at owners request) 1. Installed a dock without first obtaining a building permit in Violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances which adopted by reference the Building Codes of Palm Beach County, now superceeded by Florida Building Code Sec. 104. III. Case No. 7 -06; Steven J. Rooney, owner of property at 930 Emerald Row, Gulf Stream, Florida. 1. Lawn in poor condition with brown patches in Violation of Chapter 22, Article II, Section 22 -31, Paragraph (4). 2. Dead limbs in fruit tree in Violation of Chapter 22, Article II, Section 22 -31, Paragraph (4). 3. Dead palm fronds against the house causing fire hazard in Violation of Chapter 22, Article II, Section 22 -31, Paragraph (17). SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105. IFAXC-over Sheet TO: Attny. Keith Kern Perry & Kern, P.A. Phone: (Date 8 -29 -06 Number of pages including cover sheet: 12 From: Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Rd Gulf Stream, FL 33483 Phone: 561- 276 -5116 Fax Phnne- 561- 717 -01 RR REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply Attached are copies of the material in our file related to the Code Violation at 2900 Avenue Au Soleil, said property being owned by Tony Turner. n Originals to Follow by Mail: Yes I CC: Fax Phone: No X 50 S.E. FOURTH AVENUE DELRAY BEACH, FLORIDA 33483 TELEPHONE 561.276.4146 FACSIMILE 561.276.3859 PERRY & KERN, P.A. ATTORNEYS AT LAW August 28, 2006 VIA FACSIMILE 737 -0188 8, U.S. MAIL Mr. Bill Thrasher, Town Manager Town of Gulfstream 100 Sea Road Gulfstream, FL 33483 RE: Tony Turner; 2900 Avenue Au Soleil, Gulfstream, Florida Dear Mr. Thrasher: MARK A. PERRY KEITH D. KERN CHRISTY S. BERKS PARALEGAL LEIGH MANERI LEGAL ASSISTANT JENNIFER L. TORRENCE As we discussed on the telephone this morning, this office represents Mr. Tony Turner. This will confirm that the hearing scheduled for tomorrow has been postponed and will be rescheduled to a later date. You offered to send me copies of the relevant documents concerning Mr. Turner's dock issue. Kindly fax them to me at 561- 819 -0465. Thank you for your cooperation in this matter. Yours truly KEITH D. KERN, ESQ. KDK: cc: Mr. Tony Turner F: \Kk\Clients \TURNER TONY\town of gulfstream Itr 082806.doc CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 29, 2006 AT 10:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Case No. 6 -06; Anthony S. Turner, 2900 Avenue Au Soleil, Gulf Stream, Florida. 1. Installed a dock without first obtaining a building permit in Violation of Sections 42.26:through 42.28.of the Town of Gulf Stream Code of Ordinances which adopted by reference the Building Codes of Palm Beach County, now superceeded by Florida Building Code Sec. 104. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 29, 2006 AT 10:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. F.TwDrk Me., Call to Order. II. Case No. 6 -06; Anthony S. Turner, 2900 Avenue Au Soleil, Gulf Stream, Florida. 1. Installed a dock without first obtaining a building permit in Violation of Sections 42.26 through.42.28.of the Town of Gulf Stream Code of Ordinances which adopted by reference the Building Codes of Palm Beach County, now superceeded by Florida Building Code Sec. 104. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 7 --) Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (x �(7 S� Building Planning and Zoning Department CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE #6 -06 Ph. (561) 276 -5116 Fax (561) 737 -0188 Axinwt 8, 2006 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. 1. Location/Address where violation(s) exist(s): 2900 Avenue Au Soleil. Gulf Stream. FL 33483 4- 46 -43, N 100 Ft. of SE k lyg E of SR 5 & W of Find Canal (Less 2. Legal Description: Irreg Shaped Par E & Adi to SR 5, Ely 230 ft of TALY 3. Name and address of owner /person in charge where violation(s) exist(s): Ant S _ 95 n= 2900 Avenue Au Soleil, Gulf Stream, Florida 33483 -6137 4. Violation of Town Code Section(s) and description(s): Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances which adopted by reference the Bldg. Codes of Palm Beach County that have now been superceeded by Florida Bldg. Code Sec. 104. A dock was installed without first obtaining a building permit. The dock appears to also be in violation of the zoning code but this in question as there are no drawings at file due to a building permit not being applied for. (SEE ATTACHED `EXHIBITS OF VIOLATION") Date of First Inspection: March 2004, 2nd It=. June 30, 2006 6. Date owner first notified of violation(s): M,,rc7?Q0% (.,P m7) 9nA -not-ire T z30 2006 7. Date on/by, which violations are to be corrected: July 10, 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 HERBY GIVEN TH T A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate onAtMiat 29. 200fat 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 k&.. K, William H. Thrasher, Town Manager Town of Gulf Stream T-3 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE August N T THAT DESCRIBED IN T THE PARCEL OF REAL PROPERTY OWNED BY YOU AND HIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATIONS) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RE , CUR(S) THE CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS) 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 LVIIv1EDIATE 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, FM,S 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. 2.t,�. ,l . 7- �z By: Rita L. Taylor, Town lerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON June 30, 2006 Anthony S. Turner 2900 Avenue Au Soleil Gulf Stream, Florida Dear Mr. Turner: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION 33483 -6137 Telephone (561) 2765116 Fax (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clerk RRA LTAYLOR Hand Deliver Article x/169 Several months ago I advised that we had become aware that you had installed a new dock without first having obtained a building permit to do so. I further advised that the dock does not appear to meet the provisions for docks in the Gulf Stream Town Code of Ordinances. The exact violation regarding size and /or placement is determined at the time the building permit is applied for. At the time we discussed this matter, I assured you that we would have the Towns' abandoned water line removed from the Intracoastal Waterway in front of your property and that a channel marker would be installed. In addition, advised the Town would not pursue the matter of the dock violations until such time as the pipe was removed and the sign was in place. The abandoned water pipe has been removed and the sign is in place. This is to be considered official notice that you are in violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances which adopted by reference the Building Codes of Palm Beach County that have now been superceeded by the Florida Building Code, Section 104. This is also official notice to apply for a building permit within 10 days. It will be necessary that a Palm Beach County Building Permit Application be submitted to us along with three copies of specifications for the dock and three copies of a survey showing the location and size of the dock in relation to the property lines. Failing to comply with this order shall result provided in Chapter 2, Article III, Division 2 a copy of which is enclosed along with copies Very tr ly yours, ��4 William Thrasher Town Manager Encls. in further action as of the Code of Ordinances, of other sections mentioned. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 �, (I ,�� u C f BUILDINGS AND BUD-DING REGULATIONS ARTICLE 1. 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 resident=- 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 manager­s_hal} 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. 954, §§ 1, 2, 7.23 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE 11. CONSTRUCTION STANDARDS Sec. 42.26. Adoption of codes by reference The town hereby ndopta by reforinice the pro. visions of all building codes and building relet,xl codes in force and effect in the county an ndnpted or enacted by the etnte or the banal of county Supp. Nu. 1 CD42:3 t 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 reguls. 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 requestthe 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 con struction`krailer.ill perked within the town a permit ahol] be required therefor along with approval of the town commission, "lid a Permit lets in the namunt established Jn the town'o fPe FOledule ehnli be pnid to the town, 7lhn permit will ho valid for a pnrittd of al3i months. , tPl If a Larson Milo ui I&Wn a bill] 1111-permit, whnrP other rlXe rnquirtd within t]te towA,, 14 p.muhy lfc npplicublu try the county in t3ja nm6unt: of (our times rho ruvolnr fore due Lit, the' o unly § 42 -27 GULF STREAM CODG shall be paid. In addition, there shall be paid to the town a fee four times the regular fee due the town. (Code 1978, § 4 -3; Ord. No. 89 -6, § 1, 12.15 -89; Ord. No. 98 -1, § 1, 4- 14 -98) Sec. 42 -28. County to process applications; fees for service. The county building department shall process plans that are submitted in triplicate, checking the same for compliance with the codes adopted in this article, and will determine the amount of the Permit fee and supply a copy of the same to the town. For this and the inspection service the county shall charge the builder a permit fee as established by the county building permit fee schedule. The fee to the county shall be paid by the builder at the time application for permit is submitted to the county. (Code 1.978, § 4 -4) Sec. 42 -29. Approval of supplier of water prior to permit issuance. No building permits shall be issued in the town which construction necessitates.awater-ennncr- tion, unless and until the plans submitted to the town are approved and stamped by the utilities department of the City of Delray Beach, Florida. It shall be the responsibility of any person seek- ing to obtain a building permit within-thetownto provide sufficient proof to the town of approval by the City of Delray Beach Utilities Department its described above. (Code 1978, § 4 -6) Sec. 42.30. Construction abandonment, All authorized construction shall be-completed prior to the expiration of the building permit issued by the county The expirationaf-a- burping permit shall be prima facie evidence that the building project has not commenced or has -been abandoned. Failure of the permit holder or the property owner to complete construction once it has been initiated within the timeframe of the building permit is a violation that will be referred to the special master pursuant to Chapter Z Article llT,. Division 2, of this Code. Failure to restore the site to its preconstruction conditions, including re move] of all structural improvements and - place. merit of sod on all disrupted portions of the site, may result in a fine not to exceed $250.00 per working day after the permit expires. (Ord. No. 00 -1, 0 1, 3- 10 -00) Napp. No. ) CT)42:4 w ° ' Sec. 42 -31. Driveway permits. (e) Permit required. Construction orreconstruc- tion of driveway aprons within town right -of -way Shall not commence until the town has issued a driveway connection permit. The permit shall be Processed as a Level I site plan approval. The town may impose reasonable conditions to ensure that driveway run -off is directed away from the roadway, to ensure free flow of drainage across the base of the driveway apron where necessary to reach existing or proposed drainage out - falls, and to ensure proper connection with the travel lane of the adjacent roadway. (b) Properties fronting on SR AIA. Not with. standing the foregoing, properties proposing ac. cess to State Road AIA shall first obtain a drive - way permit from the state department of transportation. (Ord. No. 00-1, § 2, 3- 10 -00) Secs. 42- 32-42 -50. Reserved. ARTICLE 111. COASTAL CONSTRUCTION CODE' Sec. 42 -61. Definitions.. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Beach shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographie form, or to the line of permanent vegetation, usually the effective limit of storm waves. 'Beach" is alterna. tively termed "shore." Breakoway wall or frangible wall shall mean a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into compo. nents which-minimize the potential for damage to life oradjarentproperty. It shall be a character- istic of s breakaway or frangible wall that it shall 'Crone eh. 38; marine facilities; struriures and places, ch. 52; planning and development, ch. 55; zoning, ch 6e; site plan review, t 66 -157 at seq.; supple• mentary district reeala Lions. § 66 -351 et seq. state law reference— Coasts) construction, Ks. § 161.1153 at aeq 9 40 0 a 2-42 (8) (9) GULF STREA -M CODE on the finances and administration activ- ities of the town as of the end of each fiscal year. 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. 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 I11. 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 establis=hed a special mas- ter who shall be designated by the town commis- sion. (b) The special master shall be appointed for a (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. 1 .0 \IINIST[UTWN 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 proceeding=_ 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 inspector=_. (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 bevond 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 tc 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 32 ;o 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- 14 -98) 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 anv 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 ourchas- 3 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 a� :1DN UN ISTRAT[O2Y may be foreclosed on real property which is a homestead under Section 4, Article 3 of the State Constitution. (Ord. No. 95 -3, § 1, 5- 1.4 -98) 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 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, 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 3 9.76 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 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. 95 -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. 9 2.76 GULF STRENtt 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 ,othtrwise 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 m n) »- § x §�� z /] C) 01 :m b§ 'D c \ k �§ S§ §) \�\M)� & W Ro § d 0§ ;@ 2 m r §m cn m \ o M k )\ ( ) j k \ zzM/ 42 nQ �; R m m/ m > & CD / m) ` �2| m 0 §, ��` § § ) j § co / § ; § k '� (§ e ! ! ` ) 2§ - t ;u ■ �c K§ ,/ ! `� j § _ « -,! \ >k -u! \ >k - `' \} k Z - -I �g m ! Lo _� (2 |\0 00a 0K 0 0 k \ § EN e ��� { \z / ) �� 2 / ` ;\) ) ® K ) § /§2 2 j \ \ j \ /)` / § \ § ; g § M slal-) {$ z �/e z ° _ § \\ \`; \ [ EE22 n\ . - § ;,G a /,; \I /m S E 2\}( ( ( $ §]57 M ( -k P« j � 0xm \ §) o - ( 3 ~ ;a > ] c cn /& E § ! 222 ; ° e,§ cn m -e m ° ),_ §) ) 0 )�2\§ �KM o 0 / �)� �)� m \§ §) . I RETURN RECEIPT Article Addressed to: Article No. Anthony S. Tuner 2900 Ave. Au Soleil Date of 06 -/ rJ 169 Signature ot Agent e- lc Palm Beach County Property Appraiser Property Search System Page 1 of 2 IProperty Information Location Address: 2900 AVENUE AU SOLEIL View Map Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -00- 000 -5080 Subdivision: Official Records Book: 16327 Page: 1134 Sale Date: Dec -2003 Leal Description: 4- 46 -43, N 100 FT OF SE 1/4 LYG E OF SR 5 & W OF FIND CNL (LESS P IRREG SHAPED PAR E & ADJTO SR 5, ELY 230 FT OF WLY vvv oa iris na uun Name. TURNER ANTHONY S All Owners Mailing Address: 2900 AVENUE AU SOLEIL GULF STREAM FL 33483 6137 Iles Date Book /Page Price Sale Type Owner All Sales Dec -2003 16321134 $1,868,755 DEED OF TRUST TURNER ANTHONY S Jul -1996 09364/0147 $100 LIFE ESTATE VON ESSEN GEORGE A & Apr -1991 0681811514 $100 QUITCLAIM Exemptions Regular Homestead: $25,000 Year of Exemption: 2006 Total: $25,000 Tax Year: 2005 2004 2003 Tax Year 2005 Improvement Value: $1,088,316 $896,69 $934,27 Number of Units: 2 Land Value: $700,000 $700,000 $500,00 0 *Total Square Feet: 14015 Total Market Value: $1,788,31 $1,596,697 $1,434,272 Acres: 2.05 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year Assessed Value: Exemption Amount: Taxable Value: Tav \ /ninny Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2005 2004 1 2603 $1,644,598 $1,596,6971 $1134,746 $25,000 $2S,0001 25 000 $1,619,S98 $1,571,6971 $1,109,746 2005 2004 2003 $29,966 $29,84 7 21 702 $208 $208 208 $30,174 $30 LOSS $21 910 Structure Detail Tax Calculator Details Back to Search Previous Page Print 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 .co.palm- beach.fl.Lislpapalaspx /web /detail info.aspx ?p_entity= 2043460400000... 6/30/2006 i S 9 r s. 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 build -urge 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, cosy be allowed by permit granted by the town. (Code 1978, § 8-9) Sec. 42 -2. Construction site managcment handbook. (a) The town managern-ball_establish and train. Cain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled wCesmtruction 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 conrtntction site management handbook shall be adopted and amended as.neceasary 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. 954, §§ 1, 2, 7- 2i -95) Sees. 42.3- 42 -25. Reserved. ARTICLE 11. CONSTRUCTION STANDARDS Sec. 42.26. Adoption of codes by rcfert•ncc, The town hereby ndopta by mforennr the pro. visions of all building codes and builciintr reluuxi codes in force and of c-t in she county ne ndnpted Or enacted by the state w the board of county Supp. N., I Cll42:3 1 42-27 commissioners and the building department of that county, and as amended frost time to time For the Purposes of this see6on, building related codes shall include the counW$ minimum hous- ing codes, and other conatntotioD related reguln lions which serve to insure the construction and maintenance of safe structures. (Code 1978, § 4 -1; Ord. No. 98-1, 11, 4. 14-98) Sec. 42.27. Issuance of permits, inspection& (a) The county serves as she town's building offic al and shall issue an 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 he 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 inspee_ for on completion of his inspeeion will mark the card as to acceptance and the date thereon, or will note reasons for rejection. Upoa 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 ct the initial plans ae approved, the contraor shell be required to file such plan change with the town. The fee payable to the town for review ed'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 eon�iructiiiit:trkilerye._parked within the town a permit shell be required thmvfor along with approval of the town coa.miMSton, and a permit tic in the amuunt eetnbhobed ln.tbe't.owtt,a far• schedule Phial bn pnid to Elie town, 7%a.p•r4nh. will be valid (or u prrind of-oil sanotlta..,.' 10 1! a Ie r.ou f tUr.tti ultLalu iilmti�ti�.rTek';_.' whrira utherwise requti•i!d-- wfttthr tlu - ` . p.ynally feu n plicoble by the CountyP•'* tatfiraruouelt,;.. = of four limes Uto regu)er faf 41)# # LuT<hetevuitjjt "v!:'ft: t 42 ?7 GULF STREAM CODE shall be paid. In addition, there shall be paid to the town a fee four times the regular fee due the town. (Code 1978, § 4 -3; Ord. No. 89-8, § 1, 12- I5 -89; Ord. No. 98.1, § 1, 4- 14 -98) Sec. 42-28. County to process applications; fees for service. The county building department shall process plans that are submitted in triplicate, checking the same for compliance with the codes adopted in this article, and will determine the amount of the permit fee and supply a copy of the same to the town. For this and the inspection service the county shall charge the builder a permit fee as established by the county building permit. fee schedule. The fee to the county shall be paid by the builder at the time application for permit is submitted to the county. (Code 1978, § 4-4) Sec. 42 -29. Approval of supplier of water prior to permit issuance. No building permits shall be issued in the town which construction necessitaltt.a.water- COnnPr- tion, unless and until the plena submitted-to the town are approved and stamped by the utilities department of the City of Delray Beach; Floride. It shall be the responsibility of any person seek- ing to obtain a building permit within-thelvwn to provide sufficient proof to the town of approval by the City of Delray Beach Utilities Department as described above. - (Code 1978, § 4 -6) Sec. 42 -30. Construction abandenmerrt All authorized construction shall be-completed prior to the expiration of the building permit issued by the county. The expiration -of a building permit shall be prima facie evidence that the building project has not commenced or- has -been abandoned. Failure of the permit holder or the property owner to complete construction once it has been initiated within the timeframe of the building permit is a violation that will be refereed to the special master pursuant to Chapter ZAaiclelTr Division 2, of this Code. Failure to restore the site to its preconstruction conditions, including =re- move] of all structural improvements and-place- ment of sod on all disrupted portions of the site, may result in a fine not to exceed $250.00 per working day after the permit expires (Ord. No. 00 -1, § 1, 3- 10 -00) a„pp. No, 1 CD42:4 Sec. 4231. Driveway permits. (a) Permit required. Construction orrecoosttue - tion of driveway aprons within town right -0f - -way shall not commence until the town has issued a driveway connection permit. The permit shall be processed as a Level I site plan apprwval. The town may impose reasonable conditions w ensure that driveway run -off is directed away from the roadway, to ensure free Slow of drainage &croon the base of the driveway apron where necessary to reach existing or proposed drainage out -falls, and to ensure proper connection with ttte travel lane of the adjacent roadway. (b) Properties fronting on SR AIA. Not with - standing the foregoing, properties proposing ac- cess to State Road AlA shall first obtain a drive- way permit from the state department of transportation. (Ord. No. 00-1, § 2, 3.10 -00) Secs. 42- 32- 42-50. Reserved. ARTICLE M. COASTAL CONSTRUCTION CODE' Sec. 42.61. Definitions... The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except wbere the context clearly indicates a diffarent meaning: Beach sholl mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there fs marked change in material or physiographie form, or to the line of permanent vegetation, usually the effeeiiiie.limitof.storm waves. 'Reach' is alterna- tively termed 'shore." Breakaway wall or frangible wall sba)] mean a partition independent of supporting structural members that will withstand design windy forces, but which will fail under hydrodynamic, wave and runup forces associated with the deatgn storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into compo- nents which-minimize the potential for damage to life cradjacent-property. It shall be a character- istic of a breakaway or frangible wall that it shall •Croae references— waterven, ch. 38; eurise Ncilities; stmr,res and places, ch. 52; planning and development, ch, 66; zoning, ch, SO: site plan review, Q 66 -151 et seq.; supple- mentary district taeolationa, 4 66-251 et seq. state la.. ruler. ace-- Coastal constructien, F.S. 4161./1%3 .t ..Q J 0 :o ! E ee< o 0 o <,o,� @) - - [ ® Q0 .:d k �§ Om< k \j \� \0 j ` ; ;` , >`g� M0 k( \§ ] / m 0 M ;o M °22� ( ( R ) §2 ® - \7 a ® : § E k (] m q] ] >-, 5 C ( m§ S -�` z C) § -1 § 2 en _ )\ ` § § (3 \ { >> 0 -n m a a o 0 M Li (§ § ` m § 2 ~ e o %§ _; ; �, oM # § 22 ; ) n2 » »» m m m? _ /g 8'r, ;u ; )% - \k §z 2;§ -/| 2 ;§ _ §))n ) A [ ; §, _g, U) - |o0 §o* §\ §) / -q § ( �N e >( j �)� m ] §�2 f CO \ n k \ �M \§k k § 0 j 2z /[ M - `( / >> _M 2 0 �/& j< \ X55 ¢. o\ Mz (n - z - /e§ o \OE )) !), a` /% o, ED(®R Z> \](z ° ` 0> -k R« ` ) M \( %0 >= §§ .z ) �C) (� 0 a §& )) E0E§ - _ - g=,cn \[ jj� ( MM _]) - - z 0 DM \Z M \\ RETURN RECEIPT Article Addressed to: Anthony s 2900 Avey Gulf strh: Turner Aeent sionafitra FL 33483 Article No. 175 ` e �, ��s Date of Delivery .ffd ri r T_ ( CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 29, 2006 AT 10:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Case No. 6 -06; Anthony S. Turner, 2900 Avenue Au Soleil, Gulf Stream, Florida. 1. Installed a dock without first obtaining a building permit in Violation of Sections 42.26 through 42.28.of.the Town of Gulf Stream Code of Ordinances which adopted by reference the Building Codes of Palm Beach County, now superceeded by Florida Building Code Sec. 104. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 CODE ENFORCEMENT HEARING TO BE MAGISTRATE OF THE TOWN OF GULF AT 10:00 A:M. IN THE COMMISSION ROAD, GULF STREAM, FLORIDA. Call to Order. HELD BY THE CODE ENFORCEMENT SPECIAL STREAM ON TUESDAY, SEPTEMBER 19, 2006 CHAMBERS OF THE TOWN HALL, 100 SEA AGENDA II. Case No. 6 -06; Anthony S. Turner, 2900 Avenue Au Soleil, Gulf Stream, Florida. (Postponed on August 29, 2006 at owners request) 1. Installed a dock without first obtaining a building permit in Violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances which adopted by reference the Building Codes of Palm Beach County, now superceeded by Florida Building Code Sec. 104. III. Case No. 7 -06; Steven J. Rooney, owner of property at 930 Emerald Row, Gulf Stream, Florida. 1. Lawn in poor condition with brown patches in Violation of Chapter 22, Article II, Section 22- 31,.Paragraph (4) 2. Dead limbs in fruit tree in Violation of Chapter 22, Article II, Section 22 -31, Paragraph (4). 3. Dead palm fronds against the house causing fire hazard in Violation of Chapter 22, Article II, Section 22 -31, Paragraph (17). SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105. FROM : FRX NO. :9549436430 Sep. le 2006 03:39PM P1/1 STATE: f.-RC032121 BROW 87 -963 P.B. U16718 Rwcaaty- Q alma n A9R�NECONSTRUG10\C� ESTABLISHED IN 1946 P.O. BOX 1487 • POMPANO BEACH, FLORIDA 33061 (954) 941 -0132 • FAX (954) 943 -6430 To: Town of Gulfstream /Bill Thrasher Date: April 13, 2004 100 Sea Road 561- 737 -0188 Gulfstream, Fl. 33483 Fax Location of Project: Ave AuSoleil Phone Number: 561 - 276 -5116 We propose to furnish all labor, materials and equipment to complete the following work: Remove approx. (20) +/- Twenty lineal feet of existing abandoned sewer pipe penetrating through the seawall And out off at the berm elevation. The pipe shall then be sealed solid at seawall with a concrete plug. COST: $1,500.00 Furnish and install (1) One 12" CCA wood pile with an aluminum sign warning of Pipe Crossing. COST: $1,200.00 All work will carry a one (1) year guarantee against defective materials or workmanship. Any alterations from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. The owner shall be responsible for furnishing offset stakes set by a licensed surveyor. Ray Qualmann Marine Construction, Inc. to be held harmless for claims of noise, vibration damage, pollution, oil fallout, etc. We do not assume responsibility for permits, plans or engineering, unless otherwise specified. We reserve the right to withdraw this bid if not accepted within 30 days unless otherwise specified. TERMS: Payment in full an completion if not otherwise specified. If any sums are collected suit, or demand of an attorney, then the owner agrees to pay all costs including attorney's fees and in kn6dne ACCEPTED: Ray Qualm Construction, Inc. By: By. Scavone, Gen Mgr Date Date , 004 i When this job is accepted please sign and return (1) copy which will be our order to proceed with work and constitutes the entire contract. No verbal agreements shall be part of this contract. SEAWALLS • DOCKS • PILING • BRIDGES • DREDGING • BARGE & CRANE RENTALS 1W.111 we VW ' JIIILI'1111 VrGt•MIIOV MYYVYI \1 07/20/2006 1146 - 4742 -12 Obligatln Description Vendor number Account Amount ------------------------------------------------------------------------------------- 13434 Intracoastal WW sign 533 A401- 164.90- 000 -00 1,700.00 * ** Total * ** 1,700.00 46"29 4629 TOWN OF GULF STREAM OPERATING ACCOUNT MERCANTILE BANK 100 SEA ROAD OCEAN RIDGE, FL 33435 GULF STREAM, FL 33483- 7427 63- 1377-631 (561) 2765116 1146 - 4742 -12 07/20/2006 * * * * * * * * * * ** *1,700.00 ** One Thousand Seven Hundred Dollars and 00 Cents ** DATE AMOUNT PAY TOTHE Ray Qualmann Marine Constuction Inc ORDER P. O. Box 1487 OF Pompano Beach FL 33061 �. nFtLE 11000462911• TOWN OF GULF STREAM OPERATING ACCOUNT 4 6 2 f - -- \�( \ \( {[` (� 9. { ( ; 9 ru 0. Ir tm Ln ru Ir Ld ni \Q 1 \ \/ \/\ \�2 \( \\ ter&; k k &�}3 ff !;|0 ) 0, E }(Er 0 }�[ye �/` \ Jak§ew = C) 0 0,8 In e § ! x ;> ( ,G!{ k I ` ®§ |( � !( |! , \ k❑❑ ❑ o\ ! ( 0 §2# E } §� e 3 m N O N m a N 9 N I�1 3 ■ ■ M R Elm; m d T o a9^s 0Nm� ry y5 Fro m3@ �md d, q n 6 Er a RE] O o t smnD� O ,� and W KI� R mQ�.9 m Q nm d2 3 a a m`$�4� m so JC m m ma d m @.m° 9'a 'g5 f.M �m m0 �maB2o @z m � D D yc O ' �m SZ m mQ g EEC O� movm mm - m c 3 m 8 �_ cm ° m m sm d v a 390._ 48. OM E 41 . 8a a -0 g JmSalb m goa� rF m 3°- �.md3C F' d wRm3a ■ ■ D D y � 3 � m 6 m. O C �e G c N m_ VC-OM ocno- 9 -ud Z M zN f7 N d O P. 03 m d. O N — V d 6 NW 7 a (D 1 (D d 0J /� Y: C m r ». Cl) g o mm m LTI G) r- '+i m a ;ate vow P co M M CL N N T A U N S x ■ ■ D D y � 3 � m 6 m. O C �e G c N m_ VC-OM ocno- 9 -ud Z M zN f7 N d O P. 03 m d. O N — V d 6 COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH February 25, 2004 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Mr. Anthony S. Turner 2900 Avenue ALL Soleil Gulf Stream, Florida 33483 -6137 Dear Mr. Turner: Telephone (561) 276 -5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR CERTIFIED MAIL RETURN RECEIPT REQUESTED It has come to our attention that the dock at the above address, Parcel Identification Number 20- 43- 46- 04 -00- 000 -5080, was installed without first having applied for and obtaining a building permit for the installation. This is in violation of Section 42 -26 and Section 66 -101 of the Gulf Stream Code of Ordinances. As of this date we have no record of your having applied for a building permit. In addition, it appears that the width of the dock is in violation of Section 66- 639(6)b of the Code of Ordinances in that the dock exceeds the maximum width permitted by approximately 3 feet. This Section provides that docks shall not project more than 5 feet into any waterway. This is to be considered official notice to correct the first violation by making proper application for the permit within 15 days. A proper application would include reducing the width of of the dock to five feet, thus committing to correct the second violation. Failing to comply with this order shall result in further action as provided in Chapter 2, Article III, Division (Code Enforcement) of the Code of Ordinances. ' Very ntruly yours, UJJ William Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System Home Property Information Search Search Re ult Location Address: 2900 AVENUE AU SOLEIL ®show Map.. Property In Formation Municipality: CITY OF GULFSTREAM Owner Info mationParcel Control Number: 20- 43- 46- 04 -00- 000 -5080 Structural Metall Subdivision: Extra FeatL res Official Records Book: 16327 Page: 1134 Sale Date: Dec -2003 Land Detai 4- 46 -43, N 100 FT OF SE 1/4 LYG E OF SR 5 & W OF FIND CNL (LESS Legal Description: IRREG SHAPED PAR E & ADJTO SR 5, ELY 230 FT OF WLY 392.58 FT Tax Detail I OF SLY 70 FT OF N 100 FT & ELY 120 FT OF WLY Print Information Ow ,ar :„`ormation Property Appraiser Name: TURNER ANTHONY S Home Mailing Address: 2900 AVENUE AU SOLEIL DELRAY BEACH FL 33483 6137 Improvement Value: $934,272 Number of Units: 2 Structural... Land Value: $500,000 "Total Sq. Ft: 14015 Extra... Market Value: $1,434,272 Acres: 2.05 DT Use Code: 0100 Description: SINGLE FAMILY $100 * in residential properties may indicate living area. Apr -1991 -2003 Certified Tax Ad Valorem: $21,703.75 (Lim ax Calculato Non ad valorem: $208.00 Total: $21,911.75 ootaii... ,ZUU3 Certified Assessed & Taxable Values Assessed Value: $1,134,746 Exemption amount: $25,000 (2003 Exemption) Taxable: $1,109,746 Exemption Information Unavailable. ,ales mrormation Sales Date Book P ae Price Instrument Owner Dec -2003 16327 1134 $1,868,755 DT TURNER ANTHONY S Jul -1996 09364 0147 $100 LE VON ESSEN GEORGE A & Apr -1991 06818 1514 $100 QC Mar -1983 03892 1698 $200,000 WD Mar -1982 03698 1546 $50,000 WD Print Information http:// www .pbcgov.com/papa/main/detail_ info .asp ?p_entity = 20434604000005080 2/25/2004 IFAXC-over Sheet (Date 8 -24 -06 Number of pages including cover sheet: 4 TO: From: Rita Town of Gulf Stream Attny. L. Donlon 100 Sea Rd Attention: Chris Gulf Stream, FL 33483 Phone: Phone: 561- 276 -5116 Fax Phone: 686 -8764 Fax Phone: 561- 737 -01 RR REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply Agenda and Code Sections for Hearing on 8 -29 -06 enclosed. U Originals to Follow by Mail: Yes CC: Fax Phone: No X 9 V. BUILDINGS AND BUILDING REGULATIONS ARTICLE 1. 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) See. 42 -2. Construction site management handbook. (a) The town manage"ha&establish and main. tain a manual pertaining to construction stan- dards and town policy concerning construction activities an 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. 954, §§ 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 ndopte by reforunca the pro. visions of all building codes and building relawrl codes in force and effect in the county nn ndopled or enacted by the utat.e or the board of county Supp. No. I CD42:3 042-27 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 finial 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 s 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 Cone {ruction "'trailer:.is,parked within the town a permit shall be required therofor along with approval of the town commiMSion, and n Permit (�r in the amount uetnbltshed lnahe town's fns at•hedulo ohnll be paid to the town. Tb�.fieamlt. will bo valid for a porlod of six montlu..,i ";y4'Y;;: 10 if a imr.on 61110 lu 11))Wh- .d'.bullditi;, Tajll wham otherwise required- within the pannity 11a0 npplicoblu'Iry the countyin RMOtlAt; .:1;. 01 four times the ruvulnr feo duo k +the 4 42 -27 GULF STREAM CODE shall be paid. In addition, there shall be paid to the town a fee four times the regular fee due the town. (Code 1978, § 4 -3; Ord. No. 89-6, § 1, 12.15 -89; Ord. No. 98 -1, § 1, 4.14 -98) Sec. 42 -28. County to process applications; fees for service. The county building department shall process Plans that are submitted in triplicate, checking the same for compliance with the codes adopted in this article, and will determine the amount of the permit fee and supply a copy of the same to the town. For this and the inspection service the county shall charge the builder a permit fee as established by the county building permit. fee schedule. The fee to the county shall be paid by the builder at the time application for permit is submitted to the county. (Code 1.978, § 4 -4) Sec. 42.29. Approval of supplier of water prior to permit issuance. No building permits shall be issued in the town which construction necessitates- .a- water- rn.,.,or- tion, unless and until the plans submitted- to the town are approved and stamped by the utilities department of the City of Delray Beach, Florida. It shall be the responsibility of any person seek- ing to obtain a building permit within thetown to provide sufficient proof to the town of approval by the City of Delray Beach Utilities Department as described above. _ (Code 1978, § 4 -6) Sec. 42 -30. Construction abandonment, All authorized construction shell be- completed prior to the expiration of the building permit issued by the county. The expiration of a building Permit shall be prima facie evidence that the building project has not commenced orhae -been abandoned. Failure of the permit holder or the property owner to complete construction once it has been initiated within the timeframe of the building permit is a violation that will be referred to the special master pursuant to Chapter 2''ArticljTlT Division 2, of this Code. Failure to restore the site to its preconstruction conditions, including: re move] of all structural improvements and place. ment of sod on all disrupted portions of the site, may result in a fine not to exceed $250.00 per working day after the permit expires. (Ord. No. 00 -1, § 1, 3- 10 -00) p„pp, No. 1 'r'V�� �4•YTi$iti.`4'fi:r..n1P'.,'. cr.. n.� CI742:9 Sec. 42 -31. Driveway permits. (a) Permit required. Construction orreconstruc- tion of driveway aprons within town right -of -way shall not commence until the town has issued a driveway connection permit. The permit shall be processed as a Level I site plan approval. The town may impose reasonable conditions to ensure that driveway run -off is directed away from the roadway, to ensure free flow of drainage across the base of the driveway apron where necessary to reach existing or proposed drainage out - falls, and to ensure proper connection with the travel lane of the adjacent roadway. (b) Properties fronting on SR AIA. Not with. standing the foregoing, properties proposing ac. cess to State Road AlA shall first obtain a drive- way permit from the state department of transportation. (Ord. No. 00-1, § 2, 3- 10 -00) Secs. 42- 32-42 -50. Reserved. ARTICLE 111. COASTAL CONSTRUCTION CODE* Sec. 42 -51. Definitions.. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Beach shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographie form, or to the line of permanent vegetation, usually the effective..limit.of storm waves. 'Beach" is alterna- tively termed "shore." Breakaway wall or frangible wall shall mean a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave and runup forces associated with the design storm surge- Under such conditions, the wall shall fail in a manner such that it breaks up into compo- nents which-minimize the potential for damage to life o adjacent- property. It shall be a character- istic of a breakaway or frangible wall that it shall 'Cross references -- Waterways, ch. 98; mnrine facilities; structures and places, ch. 52; planning and development, ca. 68; zoning, ch. 66; site plan review, b 66 -151 et seq,; supple. mentary district regulations, § 68.351 et. seq. State law reference Cosstal construction, F.S. § 161.1153 at seq. 9 0 0