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07/15/2011 * Case #CE-2-11 * Slominski
TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT O COMPLIANCE R NON - COMPLIANCE rdnle one) CASE NO. CE 2 -11 DATE: July 15, 2011 LOCATION OF VIOLATION: 920 Indigo Point Gulf Stream, FL 33483 I, William H. Thrash have personally examined the property described above and (Town Official /Inspector) State Code 104 Find that said property is (NOT (NOW) 'n compliance with Section(s)42.26 -42.28 of the Code of the Town of Gulf Stream as o the 13th day of July , 20 11 J Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 15th day of July 2011 by William H. 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. t (SEAL) e�.F '.k RITALTAYLOR * MY COMMISSION IDO9g8881 NOTARY PUBLI EXPIRES: February 21, 2014 "FOFnd° BMW TInBUEpe ftyB„„u, State of Florida TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. NOCH, JR. Mayor JOAN N. ORTHWEIN, Vice Mayor FRED 6. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON July 15, 2011 Edward & Joyce Slominski 920 Indigo Point Gulf Stream, FL 33483 Dear Mr. & Mrs. Slominski: Telephone (561) 27&5116 In (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLCR Hand Delivered Article #155 We are enclosing an Affidavit of Compliance covering a Code Violation at the above address, cited under Case #CE -2 -11. Also enclosed is the Order Reducing the Fine related to this violation. At the Fine Assessment Hearing held on June 8, 2011, a fine of $25.00 per day commencing on May 26, 2011 was assessed. Inasmuch as the violation was corrected -on June 14, 2011, the total fine was $500.00. The Special Magistrate reduced the fine to $125.00 and ordered that it be paid in full on or before July 25, 2011, or the original fine of $500.00 shall be reinstated. The Special Magistrate further directed that the $300.00 administrative fee that was assessed for both the Violation Hearing and the Fine Assessment Hearing, which have not yet been paid, shall also be paid on or before July 25, 2011. If you have any questions regarding these matters, do not hesitate to call. Very truly yours, `Rita L. Z or Town Clerk Encls. (/"? �'5-.� e-) 100 SEA ROAD, GULF STREAM, FLORIDA 33483 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER REDUCING FINE TOWN OF GULF STREAM, Petitioner, Case No. CE 2 -I 1 EDWARD AND JOYCE SLOMINSKI, Respondents. Re: Violation of Ordinance 009 /9 amending Gulf Stream Code Sections 42.26 thru 42.28 Adopting the Delray Beach Related Codes and the State Of Florida Building Code Section 104 of the Town of Gulf Stream. Address: 920 INDIGO POINT Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 67 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 13th day of July, 2011, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT The Respondent, EDWARD SLOMINSKI, was present at the hearing and there was a finding of proper notice. 2. The Town Manager testified that the violation was corrected. 3. The Respondent testified to extenuating circumstances and efforts to comply. CONCLUSIONS OF LAW Respondent is no longer 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 Respondents fine shall be reduced to one - hundred - twenty- five - dollars (125.00), to be paid in full on or before July 25, 2011, or the original fine of five- hundred - dollars (500.00) shall be reinstated. Respondents shall pay the total administrative cost of three- hundred - dollars ($300.00) that was assessed for both the Violation Hearing and Fine Assessment Hearing, which have not yet been paid, on or before July 25, 2011. The Town shall retain all application, administrative and re- inspection fees, if any. DONE AND ORDERED this 13a' day of July, 2011. TOWN OF GULF STREAM CODE E0FbRCEMENV BY: `/ '- Special Magistrate 11/02/2010 10 35 FAX 15617315218 FLORIDA POOLS SPAS Permiddorr Cation . Permit Status 001/002 rage t Ur. i Permit Yumber: 809000275 Plan Review; 08 -MI07 Status: Activa Api licatlon: 12/31/08 Days inactive: 153 Is! ue Date: 01/12109 Inactive Date: PON: 204346.0471- 000-0670 Compl its Date: Expired Date: ,lddroas:S20 REBID GULFSTREAM Sto Dea:rtptlon: SPA- RESIDENTIAL IAL 161 Inaoection History ub Pet nit otle 8 tlon Fee ewa ail Cadea r Scheduled Resulted 1 POOL STEEL & DRAIN jEasse 02J10109 02/10/09 0700 POOL PERIMETER PIPIN kf ailed p2Wel tWR NO ELECTRIC —tailed IMOK I 02f2FM 102J25109 DECK BOND NOT READ OO POOL PERIMETER PIPIN I fPassed I ISL8 I 03103/09 SEE PLANS. NEED TRADES TO COMPLETE. 0.9000 —23—M-1-00 UNERGROUNO RIC I IPmed I PADK 1 03106709 1030am DECKOOND 09000 23FI LECTRIC ailed .1 OK PAPER WORK FOR NEATER .WRONG TYPE POOL ALARMS 09000 13 FINAL ELECTRIC cased 04/.19109 Oir191� 0400 FINAL9UILOING rimed 05107N3 05107 _ !lUfJlUflIUU!/UU!1f11!llllll "N nMM"taERMfT &INSPrt t SEE COMMeMrr a 150 DAY NOTICE SENT TO OWNER 10KWM Gf% /Ef — -J Oe S7 z�%�l �/�J 2.33 -50 %(o p�000 2'15 PALM BEACH COUNTY _ PLANNING ZONING AND BUILDING.... 8ullding A dslon ."� 2300 NORT i JOG ROAD WEST PALI t BEACH. FL 33411 -274 ALL v 00.289 !• t _ NOIWI HaT I0 �1: PERMIT TYPE uT�t'LE- JOB ADDRES is SEE REVERSE St sE FOR PERMIT NO. LAST ACTION DATE JIMPORTANT NO' ICE iNl: °�i1. t%/lbCk e. AV, +CTF 'Lin 1.�0/75ir R426+90S3 I II,,,II .I „I „I,I 11,.1,1 „11, 11 1111,,,,, 111 II 4 "r SCA-9xM ,_1TA 5(1,1 °27(e -Sttl http://wwwIibcgov.com/prstatusandinspections/Results.aspx 10/8/2009 ® © °3� 7y 2 > / 2 \m 0 k —)0 /\ - J § ; e! z C K) �j ` k \ $2§§,- @ §k P ° " 0 // �\ M \ `� ko M « 0 §/ ] k § (5(`� § ) \ ] Fn z u0 /\ - e Q � ° ` %CD a ;o q j§ \ ! } }k ® 73 § 2 | 3 % � � (/ G (\ 3 § k '] e ° - ); # m }� 9 �0 2k 2 §[off` w g) a §/ `( \ ; -,® -= -c�® ° ) \( \ §j \ \j,) 0 \ / ;o,)l,gm ` 2 \\ eon § ;,lgg g § m�m&N� o ,o � m =2 § ] ) peg m ; § ; \�/ 0 0 M -0 IQ: m 2 j) \ w� M �( -� \ EQ �§$ 2 M\ _ - §> ; §§ $ > z rG / / 222E 2 [ = !z oM M a$ /m )§ ; ,o,o `[ [ƒ @) /2 e / I 9n \ ak ®§§k \ )> ; - > ® _ ! 2EO� R _ o „(n �7k 2m� § �k 2 §§ /%2 7j! 22/ o•(( oz } \� �/M M\\ §§ RETURN RECEIPT Article Addre-+aed To: Article N0. Mr. & Mrs, Edw -�rd Slominski 155 920 Indigo Point Gulf Stream, FL 33483 Sigiat e (ad essee) or Date Delivered Agent Signature l/ lc2o� Ice ,cio e 01�ommjsk FINE REDUCTION HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, JULY 13, 2011 AT 10:30 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. II Case No. CE 2 -11; 920 Violation of Sections Stream Code of Ordinal Building Code of Palm ceeded by the Florida a fence without first AGENDA Indigo Point, Edward & Joyce Slominski 42.26 through 42.28 of Town of Gulf ices that adopted by reference the Beach County that has now been super - Building Code, Section 104; constructing obtaining a Building Permit. 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 T- RETURN RECEIPT Article Addressed To: Article No. Edward Slominski 920 Indigo Point 154 Gulf Stream, FL 3 8 "tureessee) . or Date Delivered — � Ageit 5 i7, 1 Town of Gulf Stream Building Permit Review Receipt N? 5 6 7 6 Town of ulf Stream, Florida, r Construction Address �o Owner's Name � Contractor /� A hone # Contractor's Address eAz,�—s AV -�Z?O Palm Beach County Permit # _Issue Date Palm Beach Bldg. Fee oU Cash O �� Gulf Stream Review Fee $ Check x # Fro & f BY This receipt covers review for zoning and design related requirements only. Construction shall not commence until all required County and State permits have been secured, and appropriate fees paid to issuing agencies. T ;L CITY OF OUiRRY BEACH o r FENCE PERMIT APPLICATION AM 91 2" GULF STREAM 100 NW 1m Avenue Delray Beach FL 33444 Town Of Gulf SWW.. { (561) 243 -7200 Fax: (561) 243 -7221 Website: mycleilaybeach.com PROPERTY CONTROL --- ���%Q PLEASE PRINT JOBSITE ADDRESS 9 20 wDI loo 1 01 NT PROPERTY OWNER NAME EDW62D Sl�M1nJ5K.j HOME PHONE 5( & 1 CELL PROPERTY OWNER ADDRESS_ '920 wo l 4 o Fh 1 w1T CONTRACTOR (COMPANY) NAME MGM G�E.N6 RAl (t:'V rij IDAGTwi CONTRACTOR (COMPANY) ADDRESS 460 t,. G'(Pize55 t6&y CITY F0MF'6.1-30 tg.4%e4 ST FL. ZIP 330(00 BUS.PHONE (q5jq 1 532•-01`20 CELL 9Sq- 5`l1- Z`t4$(Lo'P FAX 954 - ZZI - S2-LS E -MAIL ��LL . G tX }1�1,1,wS G M4r•1�r� •G it or Permit Su �tt�;� Dat FOR OFFICE USE ONLY: BLDG PERMIT FENCE PERMIT': PERMIT FEE: PLAN CHECK FEE: MCR9: ..... ............................... APPROVALS: PLAN: DATE: LAND: DATE: A & Z: /FIRE: DATE: DATE: ENG: DATE: NOTE: PERMIT EXPIRES IF WORK IS NOT STARTED WITHIN 180 -DAYS OR IF ACTIVITY LAPSES FOR 180 DAYS. PLANS MUST BE ON THE JOB SITE FOR ALL INSPECTIONS. FINAL INSPECTION IS REQUIRED ON ALL PERMITS. PikOJECT COST (LABOR AND NIATERL41)_ RESIDENTIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEY AND MAY REQUIRE ADDf770NAL LAND I COMMERCIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEYAND APPROVED LANDSCAPE PLAN. DESRIPTION OF WORK: �S RESIDENTIAL _X COMMERCIAL NEW: REPLACEMENT: Xj POOL BARRIER? YES 1C NO TYPE (WOOD. CHAIN LINK, ETC) A" v 1 tjo s-1 IF CHAIN LINK, IS IT VINYL COATED? STYLE (SHADOWBOX, BOARD ON BOARD, ETC.) P(ar4.2'r QIt)Nats HEIGHT b w LENGTH 2Z - b �iC�G� OS100(a j�Ctc�Zb�ZSIC�DOR S1GNA F ALIFIER CONTR. REGISTRATION N WORKERS COMP 9 EXEMPT (FM /FEINT # STATE OF ELA COUNTY OF }22P,oVJ.o¢V IN The foregoing instrument was acknowledged before me this- Io day of _-laaz 20 It by Personally Known OR Produced Identification Type of Identification Produced puup.a. (SE.t,'iBYN S. WOOD Notary Public - State of Florida ?.y ' My Comm. Expires Nov 1, 2013 Commission M OD 937247 R d 3/10 JS V All 13 AN (.GULF STREAM 4 for Permit Su ttaI ;� Date= Town of 80 MOM, fl 2 5/8' X 1 1/2' ERUDED AL C RAIL (6061 -T6) 1 I I x I I I 1� J AL TUBE 3/473/4• X 0.050• I I I 4 7 PCKErS AT 4 1/2' MO. CTRS. \7 I (6063 -T5) LL I I I I 7 lil a U) I I p a I I < AL 2Y2•X0.D93' �Q I POSE AT 4' -a• MAX. (5061 -T6) INSERT Q 48• I I AL SQUARE TUBE I I (6061 -T6) I I I I AL1y4' X X' X 0.093' I BUM RAIL I (6063 -T5) I 1.99'MAX I FT+j. 4- 4-0 IAX PO IT SPAC I TYPICAL ELEVATION C 3 1/2 It CORE DRILL STD. RAIL �• FILL W /NDN- SHRINK GROUT • � po3t -sEC' Ig" DEED w,r►I �,.raFerc nl.x �� Mr�rrM TYPICAL SECTIONA THRU STD.RAIL SCALE: 3 " =1' -0" '1 ryEw 41 p1Gw—'ET F>= .r3C -E FofL RAIL IN COMPLIANCE WITH THE FBC 2001 & DESIGNED AS PER 2000 ALUMINUM DESIGN MANUAL A Date: 2011 Drawn: Scale: Checked: Approval: • . L"11• OF As Shown Associated Steel & Aluminum 1975 R. N. 15th S L T y p. Std Rail PWP= &'ch' FL 33069 Off= 954.969.0206 Location: Sheet Fm: 954569.07117 A Size Sheet PR -1 TH6 aRAWWIG, OF9F<afHl CONCEPT AND SPECIFICATIONS ARE THE PROPERTY OF ASA, AND ARE FLIRNSHED ON A CONFmE1 k 6156 WITH AN EP'REMED INYIEISTANOING THAT THEY WRL NOi BE COPHD N ANY WNNER USED FOR WNIIFN:RNE, SOLD, TRANSFERRED, NOR USED TO THE DETRNENT OF SAID RRW WIIHOUr WRITEN pUMMH > c c c v ° r. up o S 9V ;3 o m i ya1 r� Y>1 ryr r� r� y'^ y ymc� pppy 9 `� m 8 ern' I lmm,1 ZAA�AjO> SAOA O DCj <�10 8A y A A 0 1 K$ Qir E20,Uy OW N S9' m of° 3 i oo CC Z rS+K v c a �b nppAmn�5��m �5AJ rn V O K WOO O 9 C S im Z u N8 O g rp�p )t QfgEpz mi >> Sm Z A mm ,G% m 20 °02i z >g CCZ < A =A F- iH O. 2>z tjp W02 Ow y N S y � C m Cg o o ± rINJi o � pe�� 8 e$10° CD> <Imlm a� o U1 F f D 'D _x PC oN n D m m 3 0 rn rn �pa z� ni my z ZIP n x o o= m� 0u \ \\ mim F 6 o=ar k . m O Q E I� x o�a- Ni�c7i �n C� m M ;w�a9A > l'.'II �J `2m \ ySiNZO� °yiSiotin� �� i boomA jr�5 9; 9y •�> m Z MPH, m> 0< S> 2 P;u mH11A11ZOOS 0 NO S y0y< D >2 I jSKSNm m � DmH tim0OO9 ..� '� 00 005-p �Z4 o o r@ > o a� o U1 F f D 'D _x PC oN n D m m 3 0 rn rn �pa z� ni my z ZIP n x o o= m� 0u \ \\ mim F 6 o=ar k . m O Q E I� 1150 E. ATLANTIC BLVD. POMPANO BEACH FLORIDA 33060 ACCURATE LAND SURVEYORS, INC. "D. fiJDJO SHEET 2 OF 2 TEL. (954) 782 -1441 FAX (954) 782 -1442 AN dmb NMt MIN Id M 4W �— ---� �M1��I�IIIM�M to TOWN OF GULF STREAM M /�M w pprove Pe mut Su no1�a- ndssni a�N3� Z+atdb AIM �►���M� tiitlall��,��_ Date. /� /�� ado�sccL+Vj oi. aanrtp T IRON ROC CAP LB 3635 N S E 8.37' SEPTIC TANK LOCATION PER OMNER E.- LOT 66 FORMS W1 15.35' D 13.80 10 24 BD Y Y gFORMS .. , 1) wry ..... 6.669, /ELEVATIONS ELEVATIONS BASED ON N.G.V.D. FGRMBOARD SURVEY 09 -1038 05 -18 -09 MLW STAKEOUT BUILLDING CORNERS 09 -0906 04 -30 -09 MLW PILE STAKEOUT 09 -0652 04 -15 -09 MLW UNLESS OTHERWISE NOTED FIELD MEASUREMENTS ARE IN AGREEMENT W17H RECORD MEASUREMENTS, BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF N/A THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OWNERSHIP. RIGHTS -OF -WAY. EASEMENTS. OR OTHER MATTERS OF RECORDS BY ACCURATE LAND SURVE'(gt5, INC. OVR4M FRP OF FENCES AND WALLS IF ANY NOT DETEMINED. THIS DRAWING IS THE PROPERTY OF ACCURATE LAND SURVEYORS, INC. AND SHALL NOT USED OR REPR C CONSII IS F MAP WHOLE OR IN PART AND TEXT REPORT. ONETI NOTT:N� WITHOUT THE OTHER. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON. TO BE VALID ONE YEAR FROM THE DATE OF SURVEY AS SHOWN. DATE BY UPDATE /TOPO SURVEY SU -07 -5096 (REVISE FF ELEV.) FOUND I AL/Ml UPDATE SURVEY SU- 06-1BB7 D HROLLL E 04 -I0-06 t wAy UPDATE SURVEY 02 -7323 0.68' —S ' . 11 -05 -02 R56 ADD EASEMENT 0.70' —S 04 -07 -00 S. V. DATE OF SURVEY DRAWN BY CHECKED BY HELD Boo 03 -14 -00 S.P. S.V. 20 0 10 20 GRAPHIC SCALE 1' -20' - - I I I, .�j ♦j� �� 2O'X5' GUY ♦j ��_ ♦j ♦j�i...�.�.� ����QI ♦I♦� ♦I ♦��I EASEMENT ,� ♦j ♦j ♦j�� ♦j ♦j T IRON ROC CAP LB 3635 N S E 8.37' SEPTIC TANK LOCATION PER OMNER E.- LOT 66 FORMS W1 15.35' D 13.80 10 24 BD Y Y gFORMS .. , 1) wry ..... 6.669, /ELEVATIONS ELEVATIONS BASED ON N.G.V.D. FGRMBOARD SURVEY 09 -1038 05 -18 -09 MLW STAKEOUT BUILLDING CORNERS 09 -0906 04 -30 -09 MLW PILE STAKEOUT 09 -0652 04 -15 -09 MLW UNLESS OTHERWISE NOTED FIELD MEASUREMENTS ARE IN AGREEMENT W17H RECORD MEASUREMENTS, BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF N/A THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OWNERSHIP. RIGHTS -OF -WAY. EASEMENTS. OR OTHER MATTERS OF RECORDS BY ACCURATE LAND SURVE'(gt5, INC. OVR4M FRP OF FENCES AND WALLS IF ANY NOT DETEMINED. THIS DRAWING IS THE PROPERTY OF ACCURATE LAND SURVEYORS, INC. AND SHALL NOT USED OR REPR C CONSII IS F MAP WHOLE OR IN PART AND TEXT REPORT. ONETI NOTT:N� WITHOUT THE OTHER. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON. TO BE VALID ONE YEAR FROM THE DATE OF SURVEY AS SHOWN. BM -':JrVN3rj V TA-3H V , 210' O O 8.26' �. LOT 68 ,.... DATE BY UPDATE /TOPO SURVEY SU -07 -5096 (REVISE FF ELEV.) FOUND 12 -2B -07 AL/Ml UPDATE SURVEY SU- 06-1BB7 D HROLLL E 04 -I0-06 R.N.B. UPDATE SURVEY 02 -7323 0.68' —S ' . 11 -05 -02 R56 ADD EASEMENT 0.70' —S 04 -07 -00 S. V. DATE OF SURVEY DRAWN BY CHECKED BY HELD Boo 03 -14 -00 S.P. S.V. 20 BM -':JrVN3rj V TA-3H V , 210' O O 8.26' �. LOT 68 ,.... :; '.65.00'. FOUND ' D HROLLL E 3' SEAWALL DRILL 0.68' —S ' . HOLE 1200' 0.70' —S CANAL' BOAT LIFF 100' RIGHT —OF —WAY 20 0 10 20 GRAPHIC SCALE 1' -20' RTIFI ATION• THIS 15 TO CERTIFY THAT I HAVE RECENTLY SURVEYED THE PROPERTY DESCRIBED IN THE FOREGOING TITLE CAPTION AND HAVE SET DR FOUND GROUND SURVEY ANDASKETCH IRE SKETCH CLU AND THAT SAID ASOVE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SURVEY MEETS MINIMUM TECHNICAL STANDARDS UNDER RULE BIG17 -0 FLORIDA ADMINISTRATIVE CODE ADOPTED BY THE FLORIDA BOARD DF LAND SURVEYORS, MAY 1995. ROBERT L THOMPSON (PRESIDENT) PROFESSIONAL SURVEYOR AND MAPPER No.30(19 - STATE OF FLORIDA SCALE 1 " =20' 1 =SU -oO -'1095 1d'u+IMg JpE) p urnsE OOZE l ww Z / / ti• o S. p MO Hir 0 •25.00,'�.�'• .T7-0> P D .; Z D O D � wZ D >(l ll:�l life$ —r P a L >m O Imm2 �• - ip VV D Q C n ° 9.91' CA I 6.00' 44.91' •},! ' • 12.40 w NV U D N N 12.25 ^' J F N ' • I /�' Iq vi N u P N r 9 m D m Z p Lo :<: .200• �mV .i�.r. .'z. �:.�A.. ....'.'. .m 4 Q cz CA:: ON AM 34.97 ,'N.,.'NI 4 Q vi 'O ....:':'.':': •:•['I': •:':':.:':nj ''25.40•'::: W J > M D 4.12 4 .': :-4.00•:!1 �:��.!:!16.0'2.0'1 34.91' _} X Ln �� B •��B J � tU i0 u N N 33.99' 37:05' r, � r�y • �:;1 I A > ? A r 9mm �k'pm on m=om Ua9p mn m P 150.00' a m N � To: Special Magistrate, Town of Gulfstream From: Edward P. Slominski, Resident Re: Disposition of Fence Violation/Hearing Date: 7 -6 -11 In response to a request by Rita at the Town Offices of Gulfstream and further direction by William Thrasher, Town Manager I am corresponding with you today respective the last Special Magistrate hearing. For your consideration please be advised of the following: 1) SUBSEQUENT to Original hearing I engaged Contractor who met with Mr. Thrasher at that time he showed Mr.Thraser the "OPEN" permit with the County that clearly referenced an approved fence. ( PLEASE NOTE I did not have this document in hand at the first hearing) Upon seeing this Mr. Thrasher Advised my contractor of what was needed to do and indicated all was good with Town and being in compliance to your order. 2) With this belief in mind I consider the next hearing to be cancelled and I only need to complete work. 3) Contemperous to this we experienced a double family tragedy of my mothers unexpected hospitalization and subsequent passing — Mr. Thrasher and I have discussed same and I will offer a death certificate if required. 4) Upon my return from a business trip I was advised by Letter that the second hearing did in fact take place and your subsequent ruling finding me out of compliance and subject to fines. 5) Believing that this was contrary to his dialog with my contractor I immediately called the town and indicted that if necessary I would engage an attorney and seek remedies against the town. Further on the belief that I DID in fact have a valid permit I would have sought to challenge your rulings. 6) Mr. Thrasher and I met and we concluded that he would bring all this to your attention and he would argue that clearly there were extenuating circumstances and a breakdown in communication that placed me in an unfair light. Importantly my entire conduct was of someone who only sought to be in compliance and in Good Standing. 7) The issue of Good Standing is something very important to me. I believe that had I been able to produce at the first hearing the copy of my Pool permit (referencing fencing) this would not be an issue of any consequence. However your ruling of the $150 court costs was understood and agreed to. The subsequent tolling daily fine(s) and the 2 "d $150 court cost are not equitable and should be waived in their entirety. 8) Please be advised that I have no outstanding fines liens etc of any type with the town or County. The fence is completed and I await Mr. Thrasher and or his agent to complete the inspection respective to the permit attached hereto. Sincerely Edward P Slominski, Resident 7 -6 -/r TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. OEVITT III CHRIS 0. WHEELER MURIEL J. ANDERSON June 8, 2011 Edward & Joyce Slominski 920 Indigo Point Gulf Stream, FL 33483 Dear Mr. & Mrs. Slominski: Hand Delivered Article #152 Telephone (561) 276 -5116 Fax (561) 737 -0186 Town Manager WILLIAM H.THRASHER Town Clerk RITA L TAYLOR We are enclosing an Affidavit of Non - Compliance covering a code violation at the above address, cited under Case #CE 2 -11. Also Enclosed is the Order Assessing Fine issued by the Special Magistrate as a result of the Fine Assessment Hearing held this date, June 8, 2011. The Special Magistrate ordered that you comply immediately with Sections 42.26 through 42.28 of the Gulf Stream Code of Ordinances adopting Section 104.1 of the Florida Building Code. The Special Magistrate assessed a fine for the violation that has existed in the amount of $25.00 per day beginning May 26, 2011 which will continue to accrue at twenty -five dollars ($25.00) per day for each day the violation(s) continue to exist. The Special Magistrate further ordered that you shall immediately pay the administrative cost of one - hundred - fifty - dollars ($150.00) that was assessed at the Violation Hearing, which has not yet been paid. In addition, she ordered that one - hundred - fifty - dollars ($150.00) be assessed for administrative costs to be paid in full immediately for the Fine Assessment Hearing. Upon complying with this order, it is your responsibility to notify the Town of Gulf Stream Code Enforcment Clerk at the above phone number to request a reinspection of the property. RitVery[/Q�Mtrul yours, a . Taylor Town Clerk Endls. 100 SETA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE O ON- COMPLIANCE (circle one) CASE NO. CE 2 -11 DATE: June 8, 2011 LOCATION OF VIOLATION: Edward & Joyce Slominski 920 Indigo Point Gulf Stream, FL 33483 I, William H. Thrasherhave personally examined the property described above and (Town Official /Inspector) State Code 104 Find that said property is NOT) NOW) in compliance with Section(s12.26- 42.28of the Code of the Town of Gulf Stream as of the 8th day of June —,20 11 ko. 4 � wy-z-� li� Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 8th day of June .2 20 11 bjdilliam H. 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. RRALTAYLOR (SEAL) MY COMMISSM I DD 04 I WIRES: February 21, 2014 NOTARY PUBLIC *4000 Bgdedlku &rgelNdsy Senime State of Florida JUN -08 -2011 16:16 GLEN J. TORCIVIA P.002 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER ASSESSING FINE TOWN OF GULF STREAM, Petitioner, Case No. CE 2 -11 EDWARD AND JOYCE SLOMINSKI, Respondents. Re: Violation of Ordinance 009 /9 amending Gulf Stream Code Sections 42.26 thru 42.28 Adopting the Delray Beach Related Codes and the State Of Florida Building Code Section 104 of the Town of Gulf Stream. Address: 920 INDIGO POINT Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 67 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 8'h day of June, 2011, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT The Respondents, EDWARD AND JOYCE SLOMINSKI, were not present at the hearing, however, there was a finding of proper notice. 2. The Town Manager testified to the violation. CONCLUSIONS OF LAW Respondents remain in violation of the above listed code sections of the Code of Ordinances of the Town of Gulf Stream. JUN -06 -2011 16:16 GLEN J. TORCIUTA P.003 ORDER It is the Order of the Code Enforcement Special Magistrate that Respondents, EDWARD AND JOYCE SLOMINSKI, shall immediately comply with the above listed code sections of the Code of Ordinances of the Town of Gulf Stream. A fine of twenty - five - dollars ($25.00) per day is hereby assessed for the violation that has existed. The fine is imposed beginning May 26, 2011, and will continue to accrue at twenty -five- dollars ($25.00) per day for each day the violation(s) continue to exist. Respondents shall immediately pay the administrative cost of one-hundred-dollars ($150.00) that was assessed at the Violation Hearing, which has not yet been paid. Respondents shall be assessed one - hundred -fifty- dollars ($150.00) for administrative costs to be paid in full immediately for the Fine Assessment Hearing. 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 8`s day of June, 2011. TOWN OF GULF STREAM CODE ENFORCEMENT BY: A'-� Special Magistrate �� / m �� z ��0 \ j / / ( ) ! �� ' � m q e / k ; : � D i 0 $ �� @ Q ? � $ ( / \ ( ��) \ � q � 0 % ] ) ) ) ! � k k b / \ � \ k z R � ���� ( ) e ( c n m Q 3 \ \ \ \ � 0 0 c o c o ; 0 k � m e o @ _ ) ; ) # � / � r � { c ( g a r r i a l l \ k ; ) - � ; � - ) k ( ; � _ ) \ ) o ) 4 , � 2 Q - m , , ; � ; � ; � k � [ - E c ` e o ` � ( ( ( / $ � s , ! � �� � - � m o o - d � � ! � \ ) � \ \ } ` � / \ j \ \ \ j � , n � @ m t g o 7 _ � K / � - ` e 2 c ��! / _ O E E c _ ��/ 7 0 ! 3 , \ ` G % � _ ( � R & C l � { / = o - k R � \ ��8 \ M \ ) \ ��\ 2 q �% m > = E E C - 0 z _ � : 0 e ) e U ) = _ 0 ` M \ M m 0 m \ M C \ \ aALf7�MM.4 Article Addressed To: Article No. Edward & Joyce Slominski 920 Int4igo Point 152 Gulf Stream, FL 33483 Si (addressee) or Agent Signature Date Delivered 6/? i/ CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER ASSESSING FINE TOWN OF GULF STREAM, Petitioner, Case No. CE 2 -11 EDWARD AND JOYCE SLOMINSKI, Respondents. Re: Violation of Ordinance 009 /9 amending Gulf Stream Code Sections 42.26 thru 42.28 Adopting the Delray Beach Related Codes and the State Of Florida Building Code Section 104 of the Town of Gulf Stream. Address: 920 INDIGO POINT Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 67 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 8a' day of June, 2011, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT The Respondents, EDWARD AND JOYCE SLOMINSKI, were not present at the hearing, however, there was a finding of proper notice. 2. The Town Manager testified to the violation. CONCLUSIONS OF LAW Respondents remain 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 Respondents, EDWARD AND JOYCE SLOMINSKI, shall immediately comply with the above listed code sections of the Code of Ordinances of the Town of Gulf Stream. A fine of twenty- five - dollars ($25.00) per day is hereby assessed for the violation that has existed. The fine is imposed beginning May 26, 2011, and will continue to accrue at twenty -five- dollars ($25.00) per day for each day the violation(s) continue to exist. Respondents shall immediately pay the administrative cost of one - hundred - dollars ($150.00) that was assessed at the Violation Hearing, which has not yet been paid. Respondents shall be assessed one - hundred - fifty- dollars ($150.00) for administrative costs to be paid in full immediately for the Fine Assessment Hearing. 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 8" day of June, 2011. BY: TOWN OF GULF STREAM CODE ENFORCEMENT Special Magistrate JUN -08 -2011 16:15 GLEN J. TORCIUTA The Law Of of Glen J. Torciuia andAssociates, P.A. Northpoint Corporate Center 7ol Northpoint Parkway Suite 209 West Palm Beach, Florida 33407 Glen I. Torcivia Telephone Lara Donlon (561) 686 -8700 ChrisryGoddeau Telefax /enniferHunecke (561) 686 -8764 Email: glen@torcivialaw.com FAX TRANSMITTAL COVER SHEET DATE June 8, 2011 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 COMMENTS: PLEASE SEE THE ATTACHED ORDER(S) PLEASE NOTIFY US IMMEDIATELY OF ANY PROBLEMS WITH THIS TRANSMISSION AT (561) 686 -8700; FAX NO. (561) 686 -8764 P.001 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 MESSAOE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECENED THIS COMUIUMCATION IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE COLLECT AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE WE WILL REU. BURSE YOU FOR YOUR EXPENSES. THANK YOU " I 9 C O D E E N F O R C E M E N T H E A R I N G T O B E H E L D B Y T H E C O D E E N F O R C E M E N T S P E C I A L M A G I S T R A T E O F T H E T O W N O F G U L F S T R E A M O N W E D N E S D A Y , J U N E 8 1 2 0 1 1 A T 1 0 : 0 0 A . M . I N T H E C O M M I S S I O N C H A M B E R S O F T H E T O W N H A L L , 1 0 0 S E A R O A D , G U L F S T R E A M , F L O R I D A . A G E N D A I . C a l l t o O r d e r . I I . F I N E A S S E S S M E N T / S T A T U S H E A R I N G . A . F a i l u r e t o w m p l y w i t h O r d e r o f S p e c i a l M a g i s t r a t e 1 . C a s e N o . C E 2 - 1 1 ; E d w a r d S l o m i n s k i , 9 2 0 I n d i g o P o i n t , G u l f S t r e a m , F l o r i d a a . F e n c e s c o n s t r u c t e d w i t h o u t o b t a i n i n g a B u i l d i n g P e r m i t . I I I . A d j o u r n m e n t . S H O U L D A N Y I N T E R E S T E D P A R T Y S E E K T O A P P E A L A N Y D E C I S I O N M A D E B Y T H E T O W N O F G U L F S T R E A M S P E C I A L M A G I S T R A T E W I T H R E S P E C T T O A N Y M A T T E R C O N S I D E R E D A T T H I S H E A R I N G , S A I D P A R T Y W I L L N E E D A R E C O R D O F T H E P R O C E E D I N G S A N D F O R S U C H P U R P O S E , M A Y N E E D T O I N S U R E T H A T A V E R B A T I M R E C O R D O F T H E P R O C E E D I N G S I S M A D E , W H I C H R E C O R D I N C L U D E S T H E T E S T I M O N Y A N D E V I D E N C E U P O N W H I C H T H E A P P E A L I S T O B E B A S E D . F . S . S . 2 8 6 . 0 1 0 5 . Transmission Report Date /Time 06 -07 -2011 09:17:59 a.m. Transmit Header Text Local ID 1 561- 737 -0188 Local Name 1 Town of Gulfstream Local ID Local Name Line Total Panes Scanned: 1 This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11 " PW4rPax NM 7671 lJob oamfra StartTlme m 5' E Pages Line hff —D // IW• CODE ENFORCEMENT BEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULP STREAM ON WEDNESDAY, TUNE 8, 2011 AT 1000 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. FINE ASSESSMENTISTATUS HEARING. A. Failure to comply with Order of Special Magistrate 1. Case No. CE 2 -11; Edward Slominski, 920 Indigo Point, Gulf Stream, Florida a. Fences constructed without obtaining a Building Permit. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPSAL::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, MAX 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 RE BASED. F.S.S. 286.0105. Total Paaes Confirmed No. lJob I Remote Station StartTlme Duration Pages Line Mode lob Type I Results 001 065 6868764 09:17:16 a.m.06 -07- 2011 00:00:13 1/1 1 EC HS CP21600 Abbreviations: HS: Host send PL: Polled local HR: Host receive PR: Polled remote W5: Waiting send MS: Mailbox save MP: Mailbox print TU: Terminated by user CP: Completed TS: Terminated by system G3: Group 3 FA: Fall RP: Report EC: Error Correct r w MINUTES OF THE CODE VIOLATION HEARING HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON WENDESDAY, MAY 4, 2011 AT 10:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Magistrate Laura Donlon announced that the case being heard is Case No. CE 2 -11 addressing a code violation at 920 Indigo Point, Place Au Soleil Subdivision, Gulf Stream, Florida, that is owned by Edward and Joyce Slominski. She asked the Petitioner, Town of Gulf Stream, to present the facts of this case. William Thrasher, Town Manager for the Town of Gulf Stream, presented a return receipt signed by Edward Slominski for the delivery of the Notice of Agenda on May 1, 2011 at 11:15 A.M. by a Gulf Stream Police Officer. The Special Magistrate accepted documents as Exhibit #1 for the Town of Gulf Stream. The violation described in Exhibit #1 is that fences at this address were constructed without obtaining a building permit in violation of Ordinance 009 /9 amend A copy of a Police Incident Report dated August 12, 2010 completed by a Code Enforcement Officer, with photos attached showing the fence installation process occurring at 920 Indigo Point, were presented. Mr. Slominski asked to view the Report and photos. The Special Magistrate accepted the Incident Report as Exhibit #2 for the Town of Gulf Stream. A Letter of Notice of Violation dated October 5, 2010 which was hand- delivered by Officer David S. Ginsberg and sited the violation and sections of the Code was presented. The Special Magistrate accepted the Letter of Notice of Violation as Exhibit #3 for the Town of Gulf Stream. Mr. Thrasher presented a return receipt signed by Edward Slominski dated March 27, 2011 for the delivery of Statement of Violation and Notice of Hearing dated March 25, 2011, listing the owners of the property and describing the violation and Code Sections as follows: Ordinance 009 /9 amending G.S. Code Sections 42.26 through 42.28 adopting the Delray Beach related codes and the State of Florida Building Code Section 104 by Reference, all of which relate to obtaining a building permit prior to commencing work. Fences were constructed without obtaining building permits, first inspection was August 12, 2010, and first notice to owner was October 5, 2010. Mr. Thrasher said the applicable Ordinances are attached to that Statement. Special Magistrate accepted the package of documents as Exhibit #4 for the Town of Gulf Stream. Town Manager Thrasher stated that the fence as originally installed still exists and, from the first Notice to present, he had conversations with Mr. Slominski who said he would take care of the matter, but was not able to do so at the moment due to health and care of Mrs. Slominski. Mr. Edward Slominski testified that construction of an addition to his home began in late November, 2009. His plans were approved on first review, there were no changes or modifications required, Mr. Thrasher made no particular notes at that time, and the plans, a portion of which he has with him today, were duly entered into by The Town of Gulf Stream, Palm Beach County and the City of Delray Beach. Mr. Slominski said the plans indicate an existing fence and that fence was taken down to allow for the construction of the addition that would extend past the fence, but it was referenced in all plans that were approved that the fence would be removed for construction and reinstalled. Mr. Slominski said he has three statements from various contractors indicating what transpired and their understanding of what the process allowed. The fence contractor did not believe an additional permit would be required for a fence to come down and be reinstalled after construction. Palm Beach County did an inspection and issued a Certificate of Occupancy (C /O) prior to the fence reinstallation and, by County Code, a fence must be in Code Violation Hearing May 4, 2011 Page 2 place where a pool exists. Shortly after the C/O was issued, the fence contractor reinstalled the fence believing he was working under the general contractor's original permits. Mr. Slominski stated that, after Mr. Thrasher said his fence was too high, he went around the area and measured other fences ranging in height from 55" and 72" which were constructed either during or after his construction. He said he considers his fence a privacy fence because it screens the hot tub and pool equipment from the street, and the construction material used and the landscaping are consistent with the requirements of the Town. He said Mr. Thrasher requested that he come into compliance within 3 to 4 days, but could not do so at the time due to his wife's health issues. Mr. Slominski said he started the permit process a couple of weeks ago. When asked by the Special Magistrate if he had copies of the referenced statements by contractors for the record, Mr. Slominski replied that he would submit the copies of the letters and said he received an email from the fence contractor stating that the fence permit has been with the City of Delray Beach for about 10 days and he would be happy to email it to the Special Magistrate. The Special Magistrate asked Mr. Slominski to read the email into the Record. Mr. Slominski stated that the email is from Bill Cochran and read it as follows: "Can you call me please regarding my statement. Ed, I have found the problem with your permit, however there is a slight issue. Apparently, permits for the Town of Gulf Stream are reviewed and issued by Delray Beach. The railing manufacturer filed a permit application there however it was rejected as apparently the permit app needs to be reviewed first by the Town of Gulf Stream and was never done. Subsequently, the application has been sitting in a file waiting to be picked up and routed correctly. I have spoken with them and they will have someone here today to pick it up and take it to Gulf Stream for review and then take it back to the City of Delray where it will be processed. I have attached a copy of the permit application in hopes that it will resolve the immediate issue. For lack of a better explanation, there was a mix -up and it will be resolved as soon as possible. Please call me if I can be of further help or if you need me to come to your hearing." Signed off by Bill Cochran, Project Manager, MGM General Contracting. Town Manager Thrasher asked Mr. Slominski to repeat the last phrase of the email. Mr. Slominski did so, stating that Bill Cochran worked under Anthony Lauria of BP Services Group, Inc., the general contractor, who is registered with the Town. He said all plans were approved by Palm Beach County and the City of Delray Beach. The Special Magistrate asked Mr. Slominski to bring the plans to the table for review. For the record, Mr. Slominski pointed out several items including multiple Town of Gulf Stream approval stamps, Palm Beach County approval stamps, the fence line prior to removal on the property easement side, stating that four surveys indicate they are in compliance with all easements, the position of the proposed guest quarters which made it necessary to remove the fence, the location of where the hot tub was installed, the section of the fence that was removed, and the location of the fence that was reinstalled. Mr. Slominski said the building and the hot tub exist today and he has pictures to indicate that. He asked Mr. Thrasher to stipulate that the installation of the hot tub was approved. Mr. Thrasher replied that it was. The Special Magistrate asked Mr. Slominski to clarify that, with regard to the new structure, the original fence that went across the front, basically crossing the location of the new guest quarters, now goes to the wall of the structure. Mr. Slominski replied that it does. He submitted the letter from the pool contractor, the notarized letter from Mr. Cochran and the letter from Mr. Lauria of BP Services Group, with a Palm Beach County permit inspection printout attached, demonstrating that all permitting and work was done in accordance with the plans. Mr. Slominski also produced photos fences on several properties in his neighborhood, all over 4 feet in height. The Special Magistrate accepted the letters from the contractors and the photos as a composite of Exhibit #5 for the Town of Gulf Stream. Code Violation Hearing May 4, 2011 Page 3 Mr. Thrasher asked to see the photos taken by Officer Ginsberg for the Town. Mr. Slominski stated that he was not aware of this particular Police Report and asked to review the Report and photos. He asked if the photos were taken by Officer Ginsberg on his own or was it called in. Clerk Taylor replied that according to the Report, Officer Ginsberg stated "I observed." Mr. Thrasher stated that the Town has the set of documents that went through the Architectural Review and Planning Board (ARPB) and the Town Commission approval process, which were approved. The Permit Application with construction drawings were submitted to the Town, the Town verified that what was applied for was allowed and approved and the Town signed off on the permit application and documents. Mr. Thrasher then summarized a survey of the property dated July 2008 with Mr. Slominski, pointing out a fence referenced by Mr. Slominski which runs down the side property line toward the street and attaches to the rear section of the an existing building. Mr. Slominski said that was pre - construction. Mr. Thrasher asked what the fence material was and Mr. Slominski said it is chain link up to the gate and then it is wrought iron. He said it is in the same place, running east to west and attaches to the house, but the house was extended 20 feet so the fence is shorter. Mr. Thrasher asked Mr. Slominski to confirm that it was moved and it is a different material. Mr. Slominski confirmed that. Mr. Thrasher said the approval process did not indicate the fence would be removed and then re- installed in the current location. Mr. Slominski said a generator was included in the plan which has not yet been installed, but the generator pad exists for future installation. The Palm Beach County inspector said, for safety purposes, a fence had to run in front of the generator so they pulled the fence further north, and if they had not done so they would not have gotten their C /O. Mr. Thrasher said it is the Town's position that the present fence is in conflict with Town Code because, although the fence was moved for legitimate reasons, it was moved from its original location and consists of a different material from what previously existed and, therefore, a permit is required. Additionally, all contractors working in Gulf Stream should be licensed in their municipality and registered with the Town, and it is the contractor's responsibility to know how to apply for a permit. If a permit was applied for, the height disparity would have been avoided. Mr. Thrasher asked that a permit be applied for and the location of the fence and height requirements will be reviewed at that time. When asked by the Special Magistrate, with respect to the height of the fence, if the height requirement is outlined in Code Section 70 -187, Mr. Thrasher replied that the property is located in the Place An Soleil District and the requirements are outlined under that District in that Section of the Code. When asked by the Special Magistrate, in terms of compliance, what time period the Town is looking for, Mr. Thrasher replied that the Town would request a permit and the installation of the fence to be completed within three weeks and, subsequent to that time, if the permit has not been applied for and work is not properly completed, a fine be assessed at $25.00 per day. Mr. Slominski said he takes issue with Mr. Thrasher's review of the facts. He said a general contractor can bring a sub - contractor to work under his license, and he has always sent sub - contractors to Town Hall to be registered if not already. He said he used the Town's Design Studio and the material and design he chose is consistent with what the Town allows. He said his photos show several fences contemporaneous with his project, which evidence indicates that the height issue is not being monitored, or it is monitored selectively. Mr. Slominski said he will apply and pay for a variance, but it would be a hardship if required to take the fence down and move it in some manner since he will be back in a year to install the generator and will have to relocate the fence again. When asked by the Special Magistrate, in terms of the Town's process for obtaining a variance, if a permit were applied for in conjunction with a variance process to allow for height and materials, what Code Violation Hearing May 4, 2011 Page 4 the timeframe would be for a variance process, Mr. Thrasher replied that it would be a Level III application, which would take about 90 days and must conform to the 7 or 8 standards common in State of Florida, typically based on a hardship that cannot be justified by finance or health issues. Mr. Thrasher said the Town does not easily grant variances and, in his opinion, Mr. Slominski does not meet the criteria to qualify for a hardship. Mr. Thrasher said Mr. Slominski previously stated that he received the C/O for the project and that he did the fence work after the C/O was issued. A permit is closed upon issuance of a C /O, which means any further work would require a new permit process. Urban Design Studio gave input on his application for the ARPB, but the materials are not the same. Chain link fences are clearly spelled out in the Code as a material different from aluminum rail fence, which he has installed, and chain link fence is discouraged and prohibited unless completely screened. Mr. Thrasher said Urban Design Studios did not give approval for a chain link or wrought iron fence in the manner in which it is currently installed. He said Gulf Stream does not have selective enforcement and it is disparaging to hear because his integrity is high. Mr. Thrasher said he acts upon information provided and it his job is to find where Code addresses the issue, and that is what initiated this process and the reason we are here today. Mr. Slominski said he does not know why the C/O was issued before the project was complete, but he is trying to act responsibly. He said he would like to know how others are allowed to have higher fences of the same material. Mr. Thrasher said the plans that were approved reference chain link fence and do not show an aluminum rail fence in the present location. Further, he stated that he has no knowledge of when the other referenced fences in the neighborhood were installed and cannot speak to the issue, but if they were grandfathered in, his voice is mute. FINDINGS: Special Magistrate Donlon found that there is a violation in this case and proper notice was given. A pen-nit is required and Mr. Slominski will have 21 days to comply. Failure to do so could result in a fine of up to $250.00 per day. She stated, by resolution, the Town requires that administrative costs for the hearing be considered in the amount of $150.00 and found that to be reasonable and awarded that to the Town, payable within ten (10) days. A Fine Assessment Hearing will be scheduled, which date will be set in the Order received by mail. This concluded the hearing of Case No. CE 2 -11 and the Special Magistrate adjourned the hearing at 11:34 A.M. a Rita L. Taylor, To Jerk 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 May 6, 2011 Edward & Joyce Slominski 920 Indigo Point Gulf Stream, FL 33483 Dear Mr. & Mrs. Slominski: Telephone (561) 276 -5116 In (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR Hand Delivered Article #148 he are enclosing an Affidavit of Non-Caripliance covering a code violation at the above address, cited Under Case # CE 2 -11. Also enclosed is the Order Finding Violation issued by the Special Magistrate as a result of the hearing held on May 4, 2011. The Special Magistrate ordered that you comply with Sections 42.26-through 42.28 of the Gulf Stream Code of Ordinances adopting Section 104.1 of the Florida Building Code, by obtaining a properly issued permit for the construction of the fences on your property, on or before May 27, 2011. She further ordered that a Fine Assessment Hearing would be held on June 8, 2011 at 10:00 A.M. in the event compliance has not been achieved. Please supply the undersigned with a copy of the Building Permit from the Delray Beach Building Department in order to prove compliance. Very truly yours, to L. Taylor Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE O NON- COMPLLANCE (circle one) -- CASE NO. CE 2-11 DATE: May 6, 2011 LOCATION OF VIOLATION: Edward & Joyce Slominski 920 Indigo Point Gulf Stream, FL 33483 William H. Thrasher I, ,have personally examined the property described above and (Town Official/Inspector) State Code 104 Find that said property i (NOT (NOW) in compliance with Section(SP2.26 -42.28 of the Code of the Town of Gulf ream as of the 6th day of May , 20 11 Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 6th day of May .12011 byWilliam H. 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. P (SEAL) . . MYCO MOSIONIDD9MI J' EXPIRES: February 21,2014 � +�n� Bme7MBew hys Svim NOTA RYPUBLIC _ State of Florida MAY -05 -2011 09:52 GLEN J. TORCIVIA P.004 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. ORDER FINDING VIOLATION Case No. CE 2 -11 EDWARD AND JOYCE SLOMINSKI, Respondents. Re: Violation of Ordinance 009 /9 amending Gulf Stream Code Sections 42.26 thru 42.28 Adopting the Delray Beach Related Codes and the State Of Florida Building Code Section 104 of the Town of Gulf Stream. Address: 920 INDIGO POINT Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 67 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 4h day of May, 2011, 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, EDWARD SLOMINSKI , was present at the hearing, and there was a finding of proper notice. 2. The Town Manager, William Thrasher, testified to and introduced photographs of the violation. 3. The Respondent produced statements of contractors and photos of other residences plan. Additionally, Respondent used the stamped plans for the construction of the addition in support of his testimony CONCLUSIONS OF LAW Respondents are in violation of Ordinance 009 /9 amending Gulf Stream Code Sections 42.26 MAY -05 -2011 09:52 GLEN J. TORCIVIA P.005 thru 42.28 Adopting the Delray Beach Related Codes and the State Of Florida Building Code Section 104, of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that Respondents, EDWARD AND JOYCE SLOMINSKJ, shall comply with Ordinance 009 /9 amending Gulf Stream Code Sections 42.26 thru 42.28 Adopting the Delray Beach Related Codes and the State Of Florida Building Code Section 104, of the Code of Ordinances of the Town of Gulf Stream on or before the 25'h day of May, 2011. If Respondents do not comply within the time specified, a fine of up to two- hundred -fifty- dollars ($250.00) per day shall be assessed for each day the violation continues to exist. Respondents shall be assessed one - hundred -fifty - dollars ($150.00) for administrative costs to be paid in full by the 16th day of May, 2011 A Fine Assessment Hearing will be held before the Special Magistrate on the 80, day of June, 2011, at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida. 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 Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 4`h day of May, 2011. TOWN OF GULF STREAM CODE ENFORCEMENT BY: Special Magistrate TmmAt. P nnF ®® _ \k %_()! Zw § �!« =2s ❑2 �N0 �§ E §) 0 � E §o§ §/ `w !§ z § §3 () j (�uj [( o I ¥G¥` w \ - !§ =(e z =�/ Aw \) �)(( �§ </ o2O= § ■- $( - }\ § E Ln 2§ _ %\ \ ), . §LOj \) LU LLI }p } r 0E- !!0 } \ k )7( ( ( w 7 $ =8 \ �!\U) §§ _ 2§[ w >. ( zwga k @ § G! Q 3§!° w`W� a ` B _ \» ® ;ma ; ¥ /(§ m !\ f §z 2 0 § (} /I °5§ - - ! y ) j R* § i5 E# / !2 0§ ) �» ( ~ ` /s § 0 2 Lu §L § e §m° U. \ §ko § �/\ awe w % � ,E. § ■ § §oL CL 2 �� ° ] r § & @q 2 § e §/ [ \ ;2) ! 3 j § ( ® a [ §/\ +FLU m |. Z§§ o■= w ] § § 2 2G« a. . $ §§93 %B; !F AAq uj // ® /k\ \\ §(§ �} w q } \) §)m$ )\ k > / j / �)$ k® RETURN RECEIPT Article addressed to: Edward & Joyce Slcminski. —Y 920 Indigo Pt. Gulf Stream Si (a essee) 0 t � e No. 48 Date Delivered Mc` x �����M 0 2: z KM // MUD / )0 MMM k 9 7� _ �?( 2 \ §\ )Sj \)( §� §/ E m `! °c)§ j M ;o %GG ( ) \ FnZ § kM � § m� ! §(2 § \ CD §)� M } e2 b n m 9 ID § / § 0 -n 0�0 -� § ()3 0 C Z. )¥( ° X22 $m _ ; 9 § | s� )� ° e S / ( /\ k \ ® M0 OZ * k� :/ ! `� ; - - - - C k ))k )\) \) _ a 0 k§a \\ ) ( / aK q 2$ ` °x° w00 \ \}Z 0 M ` k cn d f r §§\ -z § � j 2! o § § M m \M ; )(}} Isll /\ E2 0 -® - z - 2 /§ 2 G) ; §I , - Ln /m� 20 e Io `� !§$ a /J) ,o,o �M ` @) -ik [2 §� 2 $ /pK o m /) 2j §S ;! )n o _ z ) [] [ \& M > ! 222z °° \\ �mm @� »§] \ § \k § �2) § ❑s)c ` §[ \/ ,e RETURN RECEIPT Article addressed to: Edward & Joyce Slominski 920 Indigo Point ream, 0 33 83 S' t e(d le or c9�� i1-� /i /C2/ 7cL7 Agent Signature Article No. 147 Date Delivered S---/-// l/1O�2g F-1 zw W C7 U oz m -W W z W to g z W W W 0 W 3 m Y J mw W 20 ° o® = N O =N = U -� O dW W � z r a �=�a�F-} QF W m a PHIS- mo F" W 7� W 7� z� ZW 2z m�wW WLL � -0WZ W rn cn rn0 N jr m w m m Oz O w z ❑ ❑❑ < Q O 2 M O 2 J U OZ WU) a :3 0 W z gh_OwW�wo W Q d W. f ? 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ORTHWEIN, Vice Mayor FRED S. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON October 5, 2010 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR Edward & Joyce Slominski 920 Indigo Point HAND DELIVERY Gulf Stream, F1. 33483 Article 11142 Dear Mr. & Mrs. Slominski: On August 12, 2010, our Code Enforcement Officer observed that a fence had just been installed at the above address without first having a building permit to cover this work. In addition, the company_instx]ling the fence was not registered to work in Town. This company is Associated Steel & Aluminum LTD. There were workers on site and in addition Bill Cochran was present. Mr. Cochran advised the Officer that he was acting as supervisor of the installation at the request of the owner and that he take care of these problems. To date, no permit has been applied for and we have heard no more from Mr. Cochran. This is in violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances that adopted by reference the Building Code of Palm Beach County that has now been superceeded by the Florida Building Code, Section 104. This is to be considered official notice to correct this violation by making application for a building permit within 15 days. Exiling to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a copy of which is enclosed along with copies of other Code Sections mentioned herein. Very truly yours., )G )r/ i.� William H. Thrasher Town Manager Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 T-3 - § ! 2 * G « / § §® 0-400§§ () ( § § o -2`no [ § ; e § ; ,�gmm, L, 0m r ) , , a� - b` §a \K ; - Km e n / ze0 @m «<e a 'M G/ cn M 2 ; ! § o0 « A§ m % �> ( ] ] m` k\ §_ L� ® 0 ] .j § cQ� �� m CD m > \ m d ` �2 j m 2 / �� La ! j ; A. \_ 0 a) 0 m k e ) ) 0j 2 \ o § / 2�` ` � m ® 7 » K ,/ m 0 m ° $)k j)k Z --I ) _ _ >§; Q §; / ;2§ 2 m @o` 0a ,ley o / e \ § m.« e ! § g �4 / !eg m Az § k ) S9 ! R j ` Fn m / ) ƒ cn -4 _- ) z § 3 §` 0 q o % / ,� ! § ® o` ! !e \ _ § »� ca j _ §¥ ,; 13000 . i >; ( §d ` ; \) oko ` 7 @$ \/ 6 2 m 2 go, /`7 9 Gm G§ m 7§ ®§): 0 § 2 § )> ] /■ cn 17cn G 0 k�; 0 2,-V \ 0 /\0 �m 0 2 ❑�)) \ / � ; e U) R ( §�k xkk �k� jj� ® \ \ }\ _ (§qo § m ;2 [ 5 $ of � \ \ \ � wC.) Z)W\ ` \ } )7(§ §Z§, G 022/ 3316 § - < j� } - § \ LU § 0 § $§ IL K� L \ } (w �k \ ® j a oI /0 2�2 - § ~e§ wow / C) §7 §R§ §G§ § § Z 2 §§ U) » D 2 j g §/K / ��r §0 §cn2 & § .. - Q %. //0 :� ! 2 ! ¥ § < / e § | § a § § _ ks § % 2 64> § Do � < � 9 j § |k/ § �R ■ ) § § / ƒm �§ / COQ | ! G `of k \ § Wk w% �a �' L) [ �) e §� § k 0 ° �� IL a) §§ »$85 ! \J / § / B ! Lu w _mBo§� @� §§&§ )/ m ) * §7 § d <£ ))§)m) m6 k \ ®) o ) 3R k© Ca RETURN RECEIPT Article addressed to: Mr. & Mrs. Edward Slominski 920„Indigo Pt. Gulf Stream, FL 33483 Sits a uxe (addressee�� or Agent Signature e. ����� W 711 Article No. 45 Date Delivered AiJ',a►t- _ /Iff-- Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Ph. (561) 276 -5116 Zoning Department Fax (561) 737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASENO: CE 2 -11 3 -25 -11 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): 920 Indigo Point, Gulf Stream, FL 33483 2. Legal Description: Lot 67, Place Au Soleil 3. Name and address of owner /person in charge where violation(s) exist(s): Edward & Joyce Slominski, 920 Indigo Point, Gulf Stream, FL 33483 4. Violation of Town Code Section(s) and description(s): Ordinance 009 /9 amending G. S. Code Sections 42.26 through 42.28 adopting the Delray Beach related codes and the State of Florida Building Code Section 104 by Reference, all of which re a e to o a :L=g a bulicEng pe=t prior to comnencing work. ences (SEE ATTACHED "EXHIBITS OF VIOLATION') 5. Date of First Inspection: _AilM,Gr 12, 2010 6. Date owner first notified of violation(s): October 5, 2010 7. Date onlby, which violations are to be corrected: April 15. 2011 **** * * * * * * * * * * * * * * * * * * * * * * *IlaORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on Marl 11 at 1 n • On A rat or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town Manager Town of Gulf Stream 9I19-9LZ (195) £8b££'I3 `Umol1S3Ing psog saS 001 u-ma-qS JInrJ 3o umo L 311010 um ,L 'SOl,(U L .I uptd :AEI A'I0M(IUOOOV ,TIaMOA NUgAOJ 9SVg'Id IS010'98Z S3) " •pasuq oq o; st tuadds gotgm uodn aouapcAa PUB iuoutgsa; sapnlom ptooai gotgm uodn 'apuut st s8utpa000id aql Jo pioaai un ;sgtaA s lslp amsua o; paau BUt ,Cage 'asodmd gans iod pus `sButpaaaoid Dip Jo ptoo;)J s paau Iltm �CQED 'bupaout ;oafgns is paiopisuoo sta;lutu Am of loodsas tptm apu lsiSEW lutoadS Dip Aq opuut uotstoop Auu luodds op soptoap uos.tad s JI 'gSVO UnOA UgCEISNOOa2I Ol H LV'JJ SIDVW'IVIOadS aHJ, XOd LaW aS J SM ,LSgnbgX HDAS -dOq SJ.N2YlMfIaa2I I IV 'SLSanbgH HOflS ANV xOci yiVaUlS d'If10 do NMOI aHJ, OZ (IFIJUWHnS HS JSfIW Ud aLVIWcIOWddV HHJ, QNV NOIJVOI'IddV us `aM i NI NOIJ.Ofi(jaU u lsonbaz o; gstm noA pus aoum dutoo ut mou st pus Dug ut sem asso moAj! jo uosuoi Auu ioJ asso moA - dgGISMODaU alsalstsuW p podS aql ansq o; gstm nog jl •paJaluo st iapio s,als.gst8uW IstoadS agl.tagu SAVQ 0£ uup!m AJMOO HOVgg YTTVd d0 ,L -dnOO .LIf lDwIO agl o; luaddu Xrm no i 'alsilst8uw lutoadS atp Jo uotstoop s gptm aaJSsstp noA JI NMOI HH.L AS NOI.LOV NOIJ 03TI0O CNV HUnS0'IOa2IOd NI L-mSaU NVO SaM-q HOPIS AVd OZ gUnIIV3 'fIOA AH QaNMO A UacloNd IVMOSNF j No IVaH ANV NO Na I V FlI LUISNOO 'I'IVHS SUMA HOfIS 'a,LV-dj SIOVW TvgoadS alll AS QHSOjM gg 'I'IIM SgMq `alunst$sw lutoadS agl atojoq asuo inoX 8upnoosoid ut Itgss000ns st umoj, agl3I •aouugdutoo -uou ut gutumIuax uotpslotn gosa .toJ AVQ IIgd 00'0SZ$ O L cM d0 gMa V HSOdM use aqs /aq uta.tagl qu' Jos pouad aural DID uup!m .iopio Bans tptm CIdtuoo of Itu3 no C Jt pus opoO Dip gltm aONVI- IdY�i01 a,LVIQgYiM iapao ABul aqs /aq 'uot;slotA s pautnnuoo ansq nok lstp spug alvilstsuw ImoodS otp JI 'NOIIV'IOIA NI HS 01 SgfIM.LNOO floA Ag QgNMO QNV NjaHFIH QgMoSaQ A,L'IHd02Id 'IVa2I do 'IRDdVd alll IVHI HMdISI`JVW 'IVIOadS LNaWE[MIOaKa gQOO FIHI Ag GUWnSgad ag 'I TIM ,LI `WVa2I.LS d'InD do NMOJ, aHI MLLON O L 'IIV3 floA Al *DNWHH RJV'I.LSIJVW TVIOadS aH.L O.L jIOMd QaLOaZ OD Nag$ aAVH (S)NOL,V'IOIA aHI M NaAa F[JVULSIDVW TVIOadS alu OL Qa.LNgSaUcl HS Avw aSVO HILL `(S)HnDaN NMI QNV Q9.LOaUUO0 a-dv /SI (S)NOILV'IOIA HILL 41 -do `NOIJ.Og2RI0O UOd QaIdIOadS RPUI HH,L M GRID dUOO ION allV /SI (S)NOISV'IOIA aHL al NOILOadSNIa2I V JNLLSH OMd HZIV flOA .LVH,L QNV SHQOO NMOI 30 NOI LV'IOIA NI UHJNO l ON Si aOI.LON SIHI M QgMDSHQ QNV flOA AS QaNMO ALNUdO'dd 'IVRW 30 'I90 -dVd aH.L .LVHL UOdHH 2I0 NO 9I IS-9LZ Q 901 YiVHUJS 3IfID 30 NMO.L aHL kffljON LSfIW flOA ORDINANCE NO. 009/9 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 42, BUILDINGS AND BUILDING REGULATIONS, ARTICLE 11, CONSTRUCTION STANDARDS, AT SECTION 42 -2 ADOPTING THE BUILDING CODES OF THE CITY OF DELRAY BEACH BY REFERENCE; PROVIDING FOR THE ISSUANCE OF PERMITS BY THE CITY OF DELRAY BEACH; PROVIDING FOR INSPECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 42, Buildings and Building Regulations, Article II, Construction Standards, Section 42 -26 to read as follows: "Sec. 42 -26. Adoption of codes by reference. The town hereby adopts by reference the provisions of all building codes and building related codes in force and effect in the City of Delray Beach as adopted or enacted by the City of Delray Beach, and as amended from time to time. For the purposes of this section, building related codes shall include the City of Delray Beach's minimum housing codes, and other construction related regulations which serve to insure the construction and maintenance of safe structures." Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 42, Buildings and Building Regulations, Article II, Construction Standards, Section 42 -27 to read as follows: "Sec. 42 -27. Issuance of permits; inspections. (a) The City of Delray Beach 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 established in a fee schedule adopted by a resolution of the town commission. The town manager or the contactor will request the City of Delray Beach building department 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 inspector on completion of this 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 City of Delray Beach and the town if necessary, the inspector will report this to the City of Delray Beach building department, which shall then issue the certificate of occupancy to the builder. (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans shall be as indicated in the town fee schedule. (c) If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town and a fee established by the town's fee schedule shall be paid to the town for receipt of such permit. (d) If a construction trailer is parked within the town a permit shall be required therfor along with approval of the town commission, and a permit fee in the amount established in the town's fee schedule shall be paid to the town. The permit will be valid for a period of six months. (e) If a person fails to obtain a building permit where otherwise required within the town, the penalty fee applicable by the City of Delray Beach in the amount of three times the regular fee due to the City of Delray Beach shall be paid. In addition, there shall be paid to the town a fee three times the regular fee due the town." Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 9th day of October , 2009, and for a second and final reading on this 13th day of w t A 2009. 2 Com rhTWoner Comm' i ner E-o-mmissioner ATTEST: k � Cle� PIDDCM131471OOOOI MOCH 6K6895.DOC \ BUILDINGS AND BUILDING REGULATIONS § 42 -29 ARTICLE I. IN GENERAL ARTICLE H. CONSTRUCTION _ STANDARDS Sec. 42 -1. Storage on roofs of buildings or structures. Sec. 42 -26. Adoption of codes by reference. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others with respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95 -4, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. The town hereby adopts by reference the pro- visions of all building codes and building related codes in force and effect in the county as adopted or enacted by the state or the board of county commissioners and the building department of that county, and as amended from time to time. For the purposes of this section, building related codes shall include the county's minimum hous- ing codes, and other construction related regula- tions which serve to insure the construction and maintenance of safe structures. (Code 1978, § 4-1; Ord. No. 98 -1, § 1, 4- 14-98) Sec. 42 -27. Issuance of permits; inspections. (a) The county serves as the town's building official and shall issue all building permits for construction in the town. The town shall charge a fee to cover the costs associated with reviewing for compliance with zoning, design manual and other town ordinances. Such fee shall be estab- lished in a fee schedule adopted by a resolution of the town commission. The town manager or the contractor will request the county building depart- ment for inspection for a given time and date and the permit inspection card and plan shall be on the construction site at all times and the inspec- tor on completion of his inspection will mark the card as to acceptance and the date thereon, or will note reasons for rejection. Upon completion of the project and final inspection, by both the county and the town if necessary, the inspector will report this to the county building department, which shall then issue the certificate of occupancy to the builder. (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans shall be as indicated in the town fee schedule. (c) If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town CD42:3 § 42 -27 GULF STREAM CODE and a fee established by the town's fee schedule shall be paid to the town for receipt of such permit. (d) If a construction trailer is parked within the town a permit shall be required therefor along with approval of the town commission, and a permit fee in the amount established in the town's fee schedule shall be.paid to the town. The permit will be valid for a period of six months. (e) If a person fails to obtain a building permit where otherwise required within the town, the penalty fee applicable by the county in the amount of four times the regular fee due to the county 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 1978, § 4-4) Sec. 42 -29. Construction abandonment. 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 referred to the special master pursuant to Chapter 2, Article III, Division 2, of this Code. Failure to restore the site to its preconstruction conditions, including re- moval 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) Editor's note — Ordinance No. 03 -13, § 1, adopted October 10, 2003, repealed § 42 -29. Formerly, such section pertained to approval of supplier of water prior to permit issuance and derived from § 4-6 of the 1978 Code. Subsequently, § 2 of same ordinance renumbered § 42 -30 as § 42.29. Sec. 42 -30. Driveway permits. (a) Permit required. Construction or reconstruc- 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 ALL 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) Editor's note — Ordinance No. 03 -13, § 3, adopted October 10, 2003, renumbered § 42-31 to § 42 -30. Secs. 42- 31-- 42 -50. Reserved. CD42:4 ORDINANCE NO. 009/6 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, AT ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT, BY AMENDING SECTION 2.70 THEREOF TO INCLUDE A PROVISION AUTHORIZING THE IMPOSITION OF AN ADMINISTRATIVE FEE OF $150.00 IN THE EVENT OF A FINDING OF NONCOMPLIANCE IN ADDITION TO ANY FINE WHICH MAY OTHERWISE BE IMPOSED: PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream Is hereby amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2, Code Enforcement, Section 2 -70, Conduct of Hearings, to read as follows: "Sec. 2 -70. Conduct of hearings. (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated, Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed In the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special magistrate may inquire of any witness who Is testifying before him /her. The respondent, or his attorney and the town attorney and his /her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the special magistrate 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 malled to the alleged violator within ten working days after the hearing. In the event the Town prevails In prosecuting a case before the magistrate, it shall be entitled to recover all costs Incurred in prosecuting the case before the special magistrate and such coats may be Included in the lien authorized under Section 2 -72 of this chapter. Administrative costs, for purposes of this section, shall be $150.00. The order entered by the magistrate shall Include, in the event of noncompliance, a finding of noncompliance, that the violator is required to pay the Town administrative costs in the amount of $154,00, that the order 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. The administrative costs shall be due regardless of whether the order is complied with by the requisite date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors In interest, or assigns If the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in Interest or assigns." Section 2. Severability. If any provision of this Ordinance or the application thereof is held Invalid, such Invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this and the\, provisions of this Ordinance are hereby declared severable. Segtfon 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification, This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date, This Ordinance shall take effect immediately upon Its passage and approval, as provided by law, PASSED AND ADOPTED in a regular, adjourned session on first reading this day of October . 2009, and for a second and final reading on this 13th day of November 2009, ATTEST: Town Clerk Commis er Commissioner 2 T 4�r 4 § 2-42 GULF STREAM CODE (4) Attend all town commission meetings and DIVISION 2. CODE ENFORCEMENT he shall have the right to take part in discussion but may not vote. Sec. 2 -66. Title. (5) Administer all laws, provisions of the char- ter and acts of the town commission sub- ject to enforcement by him or by officers subject to his supervision. (6) Prepare and submit the annual budget and capital programs to the town commis- sion. (7) Submit to the town commission and make available to the public a complete report on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom- mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commis- sion. (12) The town manager shall represent the town before appointive officers of other governmental bodies except when the town commission shall have designated some other person to act. (Ord. No. 89 -3, § 1, 5 -5 -89) Secs. 2- 43 -2 -55. Reserved. ARTICLE III. BOARDS AND DIVISION 1. GENERALLY Secs. 2.56 -2 -65. Reserved. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -67. Special magistrate term. (a) There is hereby established a special mag- istrate who shall be designated by the town commission. (b) The special magistrate shall be appointed for a term of two years and shall be appointed to serve in an ex -officio capacity if the special mag- istrate serves other local governments as a special magistrate. Such service to other local govern- ments does not create duties inconsistent with serving as special magistrate to the Town of Gulf Stream. (c) The special magistrate shall be an attorney and a member of the Florida Bar. (d) The special magistrate shall serve at the pleasure of the town commission. (e) The special magistrate 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 magistrate; all hear- ings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special magistrate 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 magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -68. Jurisdiction. (a) The special magistrate shall have the juris- diction 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: Supp. No. 1 CD2:4 (1) Chapter 6, Animals; !f, (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 magistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in the court at the option of the administrative official bearing re- sponsibility for enforcement of that respective code or ordinance. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager and responsible for the enforcement of such ordinances, hereinafter referred to as a "code enforcement officer," may initiate code enforcement proceedings and issue citations or notices of violation to a person or persons to appear in front of the special magis- trate 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 inspec- tors, law enforcement officers, public works in- spectors, fire safety inspectors, and zoning inspec- tors. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsec- tion (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the special magistrate Supp. No. 1 § 2 -70 and request a hearing. The special magistrate shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2 -75 to the violator. At the option of the special magistrate, notice may addi- tionally be served by publication or posting as provided in section 2 -75. If the violation is cor- rected 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 magistrate even if the violation has been corrected prior to the special magistrate hearing, the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not re- quired to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special magistrate and request a hear- ing. The special magistrate shall schedule a hear- ing and shall provide notice pursuant to section 2 -75. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been cor- rected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the special magistrate. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special magistrate 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 mag- istrate and request a hearing. (Ord. No. 06 -02, § 1, 5 -5 -06) 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, CD2:5 § 2-70 GULF STREAM CODE 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 magistrate may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the spe- cial magistrate shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- 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. 06 -02, § 1, 5 -5 -06) Sec. 2 -71. Powers. The special magistrate 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. 06 -02, § 1, 5 -5 -06) Sec. 2 -72. Administrative fines, costs of re- pair; liens. (a) The special magistrate, upon notification by the code inspector that an order of the special magistrate 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 magistrate 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 magistrate. In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special magistrate shall notify the local governing body, which may make all reason- able repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has Supp. No. 1 CD2:6 C ADMINISTRATION 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 magistrate finds a violation to be irrep- arable 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 magistrate finds the vio- lation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the special magistrate shall consider the following 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 alien 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 Supp. No. 1 § 2 -75 may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 06 -02, § 1, 5 -5 -06) 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 alien, 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. 06 -02, § 1, 5 -5 -06) Sec. 2 -74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special magistrate 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 magistrate. The appeal shall be filed within 30 days of the execution of the order to be appealed. (Ord. No. 06 -02, § 1, 5 -5 -06) 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. CD2:7 § 2 -75 GULF STREAM CODE (b) In addition to providing notice as set forth in this section, at the option of the special magis- trate, notice may also be served by publication or posting, 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 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. 06 -02, § 1, 5 -5 -06) 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 has been imposed pursuant to section 2 -72 may apply to the special magistrate, through the town attorney or his/her designee, for a satisfac- tion of the fine with less than full payment thereof. No such application shall be considered by the special magistrate 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. (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 magistrate with less than full payment thereof, unless the special magistrate shall make a spe- cific 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 magistrate shall be paid on such terms as approved by the special magistrate. (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 magistrate may reduce such fine even if the violation has not been corrected. (e) Where recording has occurred and a lien filed against the property, any request for a sat- isfaction of the lien with less than full payment shall be considered by the town commission not the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) 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 Supp. No. 1 CD2:8 ADMINISTRATION division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -78. Alternative code enforcement pro- cedures. The town may employ other methods of code enforcement including, but not limited to, the issuance of a notice to appear in county court or arrest for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordi- nance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a defi- nite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. (Ord. No. 06 -02, § 1, 5 -5 -06) CARTICLE IV. INSURANCE PREMIUMS Sec. 2 -80. Property insurance premiums tax. (1) There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insur- ance as shown by the records of the State Department of Insurance, an excise tax in addition to any lawful license or excise tax now levied by the Town, in the amount of one and eighty -five hundredths (1.85) percent of the gross amount of receipts of premiums from policyholders on all pre- miums collected on property insurance policies covering property within the cor- porate limits of the Town. In the case of multiple -peril policies with a single pre- mium for both the property and casualty coverages in such policies, seventy (70) percent of such premium shall be used as the basis for the one and eighty -five hun- dredths (1.85) percent tax. This excise tax shall be payable annually on March 1 of each year. Supp. No. 1 CD2:9 § 2.80 (2) All money derived from this tax shall be appropriated to the City of Delray Beach's Firefighter Relief and Pension Fund to provide fire - rescue services pursuant to the InterlocalAgreement between the Town of Gulf Stream and the City of Delray Beach. (Ord. No. 06 -08, § 1, 11- 17 -06) 04/05/2011 09 18 FAX 15617315218 FLORIDA POOLS SPAS a 002/002 Florida Pools & Spas, Inc 1599 SW 30 Avenue Boynton Beach, Fl. 33426 Town (if Gulfstream RE: Mr & Mrs. Edward Slominski 92(1 Indigo Point To Whom It May Concern: Mr. Slo minski asked me to write a letter concerning his fence situation. As far � .s I know he removed his existing fence for access for the addition to his home, and spa addition, of which he installed tempos ary fencing and maintained during construction, The fei .ce company reinstalled his fence and was inspected and given a Certificate of Completion. This w is done as part of the original permit for his addition. Sinc rE ly, a Donatc Saraceno /- S Chief Building Official Town of Gulfstream Florida 100 Sea Road Gulfstream Florida, 33483 Re: Slominski Residence 920 Indigo Point Road Gulfstream, FL 33483 Dear Sir, Subj: Aluminum Fence Statement of Events This letter is to address the issue regarding the lack of a permit for the fencing installed at the residence referenced above in your jurisdiction, Mr. Slominski purchased the fence from Associated Aluminum and Steel, a fully licensed and insured specialty contractor to replace the existing damaged and rusted fence that was removed during construction to allow access to the back of the building. Once that access was no longer needed he was required to reinstall the fence to block access to the pool area existing per code. When the GC went to reinstall the fence it was found to be beyond use and new fencing was ordered. This fence was installed under the assumption that as the existing was removed under the master project permit that it would be installed under that same permit. Delays in fabrication caused it to be installed after the final inspections on the property As the installation crew was cleaning up, Code Enforcement arrived and informed the crew that a permit would be needed. They informed the officer that it was done on the existing permit. They were informed to leave the fence in, landscape it and pull a permit. The crew informed their office who called me. I was acting as Mr. Slominski s agent. I went to City hall, picked up the required permit applications and had a short discussion with a building official. At that point he informed me that he was looking in to it as the new fence was 5' high and the code was 4' . I informed him that the fence was 4' -2" at one end and almost 5' at the hedge line due to sloping in the grade. At this point, Mr Slominski has informed me that he has been summoned to the Special Magistrate regarding this issue. Additionally that a permit must be pulled immediately and any remediation required be done.. Slominski Res.(pg 2) I have contacted the manufacturer and during the week of 4/4 /2011 a permit application along with all supporting documents will be submitted to the Town of Gulfstream for approval. Any revisions required to be made will be completed immediately upon issuance of a permit I regret this oversight and ask that you allow this action to go forward so that this issue can be put to rest. No malice was intended on the part of Mr Slominski or the manufacturer as this work was done on the assumption that this work was covered in the master project permit. I would think that as everything else in the addition was done under permit this would be clear to see Thank you for your consideration in this matter and please feel free to contact me directly if you have any questions, concerns or requirements you wish to discuss Best Regards, Bill Cochran Project Manager (954) 591 -2945 ,1 On this day of !u� 2011 3,// 6d 11041A -) being personally know to me did appear before me and sign this document Notary Public, State of Florida LILLIAN FELT% a Notary Public • State of Florida My Commutslon Espiras Jun 20, 2011 �*'., ��� Commission N DD 667251 (BIT Services Group, Inc Certified General Contractor 119 South H Street Lake Worth, FL 33415 561 - 968 -7663 alauria(ftpsoinc. com Lic #CGC1508461 Town of Gulfstream 100 Sea Road Gulfstream, FL March 28, 2011 Re: Joyce and Edward Slominski, 920 Indigo Point Violations, Lot 67 Place Au Soleil Dear Sir or Madame: Mr. Slominski has informed me of a fence non - compliance violation given on his property by the Town of Gulfstream. B/P Services Group, Inc built a custom addition /restoration to his home beginning 2/6/2009 and a certificate of occupancy issued on 7/19/2010. The permit consisted of building a custom addition front and rear as well as adding a Jacuzzi to an existing wading pool. In order for the rear addition and Jacuzzi to be performed, the existing fence needed to be removed and replaced. The existing fence was in fact removed and a temporary fence was used during construction. In order to obtain the final pool inspection, the pool contractor needed to replace the original fence. The original fence was replaced with the one that is installed today. It was part of the original permit and all correspondence with the pool contractor and the County Building Dept. was consistent with the building code. A final building inspection as well as a certificate of occupancy would not have been issued had there not been a proper fence in place. B -2008- 023333- 0000(B09001400) were the permit numbers used for this permit by the Palm Beach County Building Dept. Mr. Slominski has abided by all the rules and regulations of the Town of Gulfstream and the Palm Beach County Building Dept. during the time of construction. This is clearly a misunderstanding with the handoff of the jurisdiction from the Palm Beach County Building Dept. to the City of Delray Beach. Please do not hesitate to contact me if you have any questions. Respectfully, Anthony Lauria Vice President B/P Services Group, Inc Bldg Plan Review/Inspection History - Print Page I of 4 Pdm Cbee Bldg Plan Review /Inspection History App/Pennit No: B- 2008- 023333-0D00(BO9001400) Permit Desc: Addition - Residential Further Desc: ADDITION /ALTERATION REQUIRE FLZONE CERT PCN: 20- 4348404- 22-000 -0870 Application Date: 101102008 Status: Complete Owner: Slominski, Edward Issued Date: 02/06/2009 Completion Date: 07/182010 Contractor. BP Services Group Inc Active Days Remaining: 0 Balance Due: $ 0.00 Address: 920 Indigo Pt Projected inactive Date: Fees not finalized until permit issuance Kevlew AUnn a raw Date HOLD INTAKE STAFF ATIC PERMITTECH PE -B PE -E PE -M PE -P HEALTH DATA ISSUANCE ACCTCASHIER current stems 00 A I A A I A I A JI A 11 O 10 /102DDB O�X OO�OOO 10110/2008 10:05:00 2008-0233330000 n Process retake Staff ,0242006 oDIOIIDI�OOO�Oo pproved [CKY) 10/10/200810:07:00 3-2008-0233330000 In Process Health Reviewer tonehill, Cook4y 10272008 squeal for Agency approval O�I— JLJLJO� 10130/2008 10242008 13:57:00 - 2008-0233330000 n Process lermit Tech A n Review ustomer Contacted [GLO). 01/14/2009 00000E==00 ustamer Response: 14JAN- 01282009 02/0612009 A a �uu [GLOJ. A A X 02202009 Cunent Status HOLD �� INTA -_ - =EF ATIC PERMIT TECH PEB PEE PEM �� PEP HEAL -H DATA ISSUANCE A ACCT CASHIER Elapsed Tiime(Days) 1 1 H 2 3 Total Days in Review: 14 Total Business Days: 78 X- Processing C- Processing ended whh comment CD -Chocked oul documents H-Hold process A- Processing ended with approval HR -Hold removed Review History Total Days In- House: 78 Total Building Review Days: 78 DateRme Reference No Rev raw p Status 9ency /Section ev"lewer Review n 101102008 00:00:00 2008-023333 -0000 ubmitted ISYstern Generated stem, E b pplication Submitted. 10110/2008 10:05:00 2008-0233330000 n Process retake Staff tonehlll, Cocky kpiproved pproved [CKY) 10/10/200810:07:00 3-2008-0233330000 In Process Health Reviewer tonehill, Cook4y n Review squeal for Agency approval dded CK . 10242008 13:57:00 - 2008-0233330000 n Process lermit Tech erguson, Glarla n Review ustomer Contacted [GLO). ustamer Response: 14JAN- [GLOJ. 10/302008 15:09:00 &2008-0233330000 In Process E -B opera, James n Review ustomer Contacted [JDRJ. usmmer Response: 14 AN -09 JDR. 10!302008 15:09:00 - 2008-0233334XM n Process E -E open, James pproved pproved [JDRJ 10/302008 15:09:00 B- 2008-023333 40000 In Process PE -M ogee, James Approved 4pproved [JDRJ 105012008 15:09:00 - 2008-0233330000 In Process -E -P open, James Approved kpproved [JORI 10/30200815:09:00 2008-0233330000 In Process PE -P ogers, James In Review Request for Agency approval added rJD R. 11103/'1008 00:00:00 2008-023333 -0000 In Process lermit Tech ogee, James loM AppOPennB MaInFranle) -Alfred Took ans [JOR] 111032008 00:00:00 2008-0233330000 In Process Permit Tech open, James lold Appl/PermB ' MBInFrame) Removed - Delete Ran on Mainframe 11103/2008 00:00:00 2008-023333 -0000 ennit Tech Rogers, James laid ld Placed: Allred Took pPVPenna ns MainFrame) 1&16200813:20:00 2008-023333-0000 n Process E -13 ogee, James n Review stomer Contacted [JDR]. JA stomer Response: 14- N-09 RI. 12118200813:20:00 2008- 023333-0000 n Process E-B oilers, James n Review Remark added (JDRJ. COND REVIEW 12 -16-08 http: / /www.pbcgov.com /epzb_bui lding/ asp _html /ezinfo _print.aspx ?AppSeq = 349866 &for... 3/28/2011 Bldg Plan Review/Inspection History - Print Page 2 of 4 /Permit No Permit Dow lnspinsp Dew E- 2008 - 023333 -0002 General 206 Service Change Electri ®I (Comment crewing Designation �ftev'rower I Entered No Status Permit Tech 1 POKE W/ ANTHONY LAURIA..APP TD SIGNED /INFORMED HIM 101 Beam And Column erguson, Gloria 7 10/242008 i esolvetl 13- 2008 - 023333-0000 Addition- K) NEED PLANS TO EALTH DEPT APPROVING Residential 114 Slab B- 2008-023333-0000 Addition - B40 Septic Final Residential 105 Footing EFLECT EXISTING LIVING AREA AND NEW LIVING AREA FOR IMPACT AREA NDNE LIMN 105 Footing Residential 124 Framing Anchors 8- 2005-023333 -0000 Addition- 101 Beam And Column Residential EE DETERMINATION. 8. 2008 - 023333-0000 Addition- 111 Roof Framing & Sheathing Residential Frank 1ST FLOOR Plans Exardmer Building 1 ALLED/FA%ED COMMENTS TO ANTHONY ogers. James D 110130120081 1 esolvetl 1 ECONO REVIEW 12 =16-08 ogers, James D 12116/2008 1 Resolvetl /Permit No Permit Dow lnspinsp Dew E- 2008 - 023333 -0002 General 206 Service Change Electri ®I 701 Building Sewer B-2008-023333-0000 Addition - 807 Power Release Residential 701 Building Sewer P- 2008-023333.0004 General 712 Underground Plumbing Plumbing 101 Beam And Column B-2008-023333 -0000 Addition - 114 Slab Residential 701 Building Sewer 13- 2008 - 023333-0000 Addition- 101 Beam And Column Residential 114 Slab B- 2008-023333-0000 Addition - B40 Septic Final Residential 105 Footing B- 2008-023333 -0000 Addition - 105 Footing Residential 124 Framing Anchors 8- 2005-023333 -0000 Addition- 101 Beam And Column Residential 111 Roof Framing 8 Sheathing 8. 2008 - 023333-0000 Addition- 111 Roof Framing & Sheathing Residential Frank 1ST FLOOR DRY IN P -2008- 023333-0004 General 701 Building Sewer Plumbing Michael D P- 20D8-023333-0004 General 701 Building Sewer Plumbing 041 12009 &2008 - 023333.0000 Addition- 101 Beam And Column Residential Epzb P- 2008 - 023333-0004 General 701 Building Sewer Plumbing Richard D B-2008-023333 -0000 Addition - 114 Slab Residential 05202009 &200& 0233334)000 Addition- 105 Footing Residential VMitey E B-2008-023333-0000 Addition- 124 Framing Anchors Residential Whitey E B- 2008-023333 -0000 Addition - 111 Roof Framing 8 Sheathing Residential 06292009 DRY IN ONLY Frank Re- Last F.SResult Reasons n p Paidlnspector Scheduled fl Resulted Updated Hist Permit Fees By No Pass Pass Pass Pass Pass Pass Pass Pass Fall 06 Fail 10 Fell 10 Pass Pass Pass Pass Fail 06 Fail 06 &200&023333-0000 Addition- 117 Wall Sheathing Pass Residential B- 200 &023333-0000 Addition- 111 Roof Framing & Sheathing Fail 06 Klemm, 04212009 04212009 Melnow, E09001683 Michael D Michael D System, 041 12009 04212009 System, 809001400 Epzb Epzb Sexton, 05/112009 05/112009 Sexton, P09001131 Richard D Richard D Kovalalnen, 05202009 0512012009 Kovalainen, 809001400 Whitey E VMitey E Kovalainen, 06/ 182009 06/182009 Kovalainen, B09001400 Whitey E Whitey E Lombardo, 06292009 06/292009 Lombardo, B09001400 Frank Frank Kovalainen, 06/302009 061302009 Kovalainen, 809001400 Whitey E Whitey E Kovalainen, 061302009 0613011 Kovalainen, B09001400 WTBey E Whitey E Kovalalnen, 061302009 061302009 Kovalainen, 809001400 Whitey E Whitey E Kovalainen, Whitey E Sexton, 07232009 07232009 Sexton, P09001131 Richard D Richard D Sexton, 07292009 07292009 Sexton, P09001131 Richard D Richard D Vasquez, 07/302009 08/032009Vasquez, 809001400 Manuel Manuel Sexton, 081042009 0((052009 Sexton, PD9001131 Richard D Richard D Kovalalnen, 081052009 081052009 Kovalainen, B09001400 Whitey E Whitey E Kovalainen, 0810511 08/052009 Kovalainen, 809001400 Whitey E Whitay E Kovalainen, 08105/2009 06/052009 Kovalalnen, 809001400 Whitey E Whitey E Kovalainen, 08/102009 08/1011 Kovalainen, 809001400 Whitey E Whitey E Kovalainen, Whitey E Kovalainen, 08/1012009 08/102009 Kovalainen, 809001400 Whitey E Whitey E Kovalainen, 09/082009 091082009 Kovalainen, 809001400 http: / /www.pbcgov.comlepzb_ building / asp _htmllezinfo _print.aspx ?AppSeq = 349866 &for... 3/28/2011 Bldg Plan Review /Inspection 1 listory - Print Residential DRY IN ONLY 8- 2008-023333-0000 Addition - 101 Beam And Column Pass Residential 8- 2008 - 023333-0000 Addition - 117 Well Sheathing Pass Residential &2008-023333-0000 Addition- 105 Footing Pass Residential 8- 2008 - 0233331D000 Addition- 108 Lath Pass Residential 8. 2008-023333 -0000 Addition - 111 Roof Framing & Sheathing Fag 05 09 Residential PROVIDE ENGINEER'S LETTER FOR RED IRON COLUMN BASE AND RED IRON BUCKET CONNECTIONS &2008-023333-0000 Addition- 111 Roof Framing & Sheathing Fag 05`09 Residential PROVIDE ENGINEER'S LETTER FOR ALL RED IRON CONNECTIONS 11- 2008-023333 -0000 Addition- 108 Leh Fail 26 Residential 11/102009 11110/2009 Kovalainen, B09001400 PREVIOUS INSPECTIONS NOT PASSED. P- 2008 - 023333 -0004 General 704 Rough Plumbing Pass Whitey E Plumbing 107 insulation Pass E- 2008 - 0233334002 General 205 Rough Electric Fail DB.11 Electrical 8- 2008-023333-0000 Addition- 111 Roof Framing&Sheathing Pass Whitey E Residential 115 Roof In Program Fail 06 B-2008-023333 -MO Atltlllan - 108 Lath Pass 11232009 Kovalalnen, 809013663 Residential 8- 2008-023333-0001 Roofing 112 Roof Metal Pass Whitey E (Sub) 115 Roof In Progress Fail 01 M- 2DDB-023333-0003 HVAC (Sub) 609 Rough Mechanical Fail 14 M- 2008 -023333 -0003 HVAC (Sub)804 Rough Mechanical Pass E- 20080233334)002 General 205 Rough Electric Pass Electrical REV REQ. NEW LOAD CAL Page 3 of 4 Whitey E Wbitey E Kovalainen, Whitey E Kovalalnen, 091082009 09/082009 Kovalalnen, 809001400 Whitey E Whitey E Kovalainen, 091082009 09/08/2009 Kovalainen, 809001400 Whitey E Whitey E Kovalainen, 09242009 09242009 Kovalainen, 809001400 Whitey E whitey E Kovalainen, 09242009 09242009 Kovalalnen, B09001400 Whitey E Whitey E Kovalainen, 10/012009 10/012009 Kovalainen, B09001400 Whitey E Whitey E Kovalainen, Whitey E Kovalainen, 10/082009 101082009 Kovalainen, B09001400 Whitey E Whitey E Kovalainen, Whitey E Kovalalnen, 10/082009 101082009 Kovalainen, B09001400 Whitey E Whitey E Kovalainen, Miley E Sexton, 101192009 10 /192009Sexton, P09001131 Richard D Richard D Klelnow, 10272009 10282009 Klemov, E09001B83 Michael D Michael D Kovaleinen, 10/282009 10282009 Kovalalnen, 809001400 Whitey E Whitey E Kovalainen, 10282009 10282009 Kovalainen, 809001400 Whitey E Whitey E Kovalainen, 10292009 10292009 Kovalainen, 809013663 Whitey E Whitey E Dishman, 111020009 111022009 Dishman, M09002973 James D James D Nickle, 111052009 11/052009 Nickle, M09002973 Richard W Richard W Klenmx, 11109120D9 11/092009 Klelnovi, E09001683 Michael D Michael D Klemm, Michael D B- 2008- 023333.OM Addition - 106 Framkp Pass Kovalainen, 11/102009 11110/2009 Kovalainen, B09001400 Residential Whitey E Whitey E 8- 2008-023333 -0000 Addition- 107 insulation Pass Kovalainen, 11/162009 11/162009 Kovalainen, 809001400 Residential Whitey E Whitey E 8- 2008 - 023333 -0001 Roofing 115 Roof In Program Fail 06 Kovalainen, 11232009 11232009 Kovalalnen, 809013663 (Sub) Whitey E Whitey E B-2008-023333-0001 Roofing 115 Roof In Progress Fail 01 Bell, Kevin 11/252009 11252009 Bell, Kevin 809013663 (Sub) E E PBO-86 FOR TILR INSTALLATION NOT LOCATED/ DID NOT GET ON Bell, Kevin E ROOF DUE TO LIGHTNING 8- 2008-023333-0001 Roofing 115 Roof In Progress Cancel Ball, Kevin 11252009 11252009 Bell, Kevin 809013663 (Sub) E E 8- 2008 - 0233334]001 Roofing 115 Roof In Progress Cancel Bell, Kevin E 112512009 112512009 Bell, Kevin EB09013663 (Sub) 8- 2008-023333 -0001 Roofing 115 Roof In Progress Fail 010521 50 Y Rica, 11/302009 11/3012009R1ce, 809013663 (Sub) Stephen K Stephen K PSO-86 FOR TILR INSTALLATION NOT LOCATED/ REMOVE BROKEN TI Rice, LES FRON EDGE OF RIDGE METAL SCRAP TRASH. TAKE OFF ROOF Stephen K B- 2008-023333 -0001 Roofing 115 Roof In Progress Fail 01 Rice, 111302009 111302009 Rice, 809013663 (Sub) Stephen K Stephen K PBO-86 FOR TILR INSTALLATION NOT LOCATED/ DID NOT GET ON Rice, ROOF DUE TO LIGHTNING Stephen K E- 2008-023333-0002 General 206 Service Change Pass Taylor, 121292009 12292009Toson, E09001683 Electrical Robed S Belinda A M- 2008023333 -O0D3 WAC(Sub) 602 Final Mechanical Pala Nkkle, 02/102010 021102010 Town, M09002973 Richard W BelindaA P- 2008-023333-0OD4 General 703 Final Plumbing Fag 10 Sexton, 03109/2010 03/092010 Sexton, P09001131 Plumbing Richard D Richard D Install sewer cleanouts and vent sump. Sexton, Richard D P- 2009-023333-0004 General 703 Final Plumbing Paso Sexton, 03/15/2010 03/152010Toson, P09001131 Plumbing Richard D Belinda A E- 2008 023333 -0002 General 2D3 Final Electric Pass Klelnow, 04282010 04282010 Town, E09001683 Electrical Michael D Belinda A B- 2008 - 023333-0000 Addition- 104 Final Building Fag 05 MmIW' 05/102010 05/102010 Mcelvy, 809001400 Residential Thomas W Thomas W tennis treatment required MoeNy, Thomas W 13- 2008-023333 -0000 Addition - 101 Beam And Column Cancel Kovalainen, 05/112010 05/112010 Kovalainen, B09001400 Residential Whitey E Whitey E 8- 2008-023333-0000 Adtlitbn- 101 Beam And Column Pass Kovalainen, 051112010 051112010 Kovalainen, 809001400 Residential Whitey E Whitey E B-2008-0233334]000 Addition- 104 Final Building Pass Kovalalnen, 051112010 051112010 Town, 809001400 Residential Whitey E Belinda A 8- 2008923333 -0000 Addition - 841 Health Final Pass Lombardo, 07/142010 071142010 Tom, 809001400 http: / /www.pbcgov.com/epzb_ building/ asp_htmUezinfo _print.aspx ?AppSeq= 349866 &for... 3/28/2011 Bldg Plan Review /Inspection History - Print Residential 8-200 8-023333 -0000 Addition - 115 Roof In Progress Residential B- 2009023333 -0000 Addition - 124 Framing Anrhm Residential Page 4 of 4 Frank Belinda A Pass Kovalainen, 0711912010 071192010 Mangano Whitey E Moody, Sharon Pan Kovalainen, 07/192010 07/192010 Mangano Whitey E Moody, Sharon 1 Meter Final - EMAIL SOUTH OFFICE— (APRIL & GAIL) CO- Complete has been issued for this Permit - COMPLETE Inspections Scheduled for this Permit today The follumng are scheduled inspections for this permit today. Click on the Inspector Name to view his Itinerary No data found Town, Belinda A Town, Belinda A 809001400 B09001400 12292009 12:01:00 PM 7/192010 9:47:00 AM http: / /www.pbegov.com /0pzb_buildingl asp_ html /ezinfo _print .aspx ?AppSeq= 349866&for... 3/28/2011 J 7D ��v Im owl (/ .It)- Te All --W 70 Ili) b w ,. 725 9� I -i. D // o4�5 76. �G 7J JI GCUee i}y � 9,Qv 5-c ly�d Q ��WAI -S Alt lJ elf V6v- ArTiele- /yam Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Ph. (561) 276 -5116 Zoning Department Fax (561) 737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASENO: CE 2 -11 3 -25 -11 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): 920 Indigo Point, Gulf Stream, FL 33483 2. Legal Description: Lot 67, Place Au Soleil 3. Name and address of owner /person in charge where violation(s) exist(s): Edward & Joyce Slominski, 920 Indigo Point, Gulf Stream, FL 33483 4. Violation of Town Code Section(s) and description(s): Ordinance 009 /9 amending G.S. Code Sections 42.26 through 42.28 adopting the Delray Beach related codes and the State of Florida Building Code Section 104 by Reference, all of which relate to obtairurig a ut g perms prior to commencing work. ences (SEE ATTACHED "EXHIBITS OF VIOLATION') 5. Date of First Inspection: Aupist- 19 9010 6. Date owner first notified of violation(s): October 5, 2010 7. Date on/by, which violations are to be corrected: April 15 2011 * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on May L 9011 at 1 n • nn A M or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town Manager Town of Gulf Stream 9119-9LZ(199) £Sb££'Id `utua3lS3In`J psog EaS OOI utna3lS3InE) jo umoy KIalO IIM Z `Sol tEj, "I Ept2i :AEI A'IrJNIGWOOON T19SUnOA NHaAOD dS`dd'Id IgO10'98Z Sd) pasng aq of st psaddu gotgm uodn aouaptAa puE 6uouttlsal sopnlout p3ooa3 gotgm uodn `opuut st sStu =o3d aqp 3o p3ooa3 un3sg3aA u lugl unsua of paau hui Sagl 'asod3nd.gons So3 pus `sSutpaaoo3d oqp 3o p3ooa3 E paau Iitm ,Capp oullaou, looCgns pn pa3aptsuo3 siollum Atiu of loadsa3 gltm alu4st&yq IntoadS agl Aq oputu uotstoap Aim lsaddu of soptoop uos3ad u 3I '3SN3 UnOA 1IdCIISNOOd?I Ol g LV-dISIDVW TMEMS alll WOd J,9R M J SfIW IM 09-9 HOPIS %dOd S LNgYQMfIbUH TIN 'SISUni,)U I HOPIS ANN -dOd YiNgUJ S d-MD 30 NMO.L 9HI Ol QgJ,,LIWffnS gg JSfM ggd g.LNRIdOUddN RH,L CNN NOI.LNOIIddN us `gllld NI NOILOfIQgH E lsonboi of gstm not pun aountldmoo ut mou st puu oug ut snm osuo SnoAj! So uosua3 Auu So3 osno SnoX 2IgCIISNODHU oIE4stSnW IntoadS oql annq of gstm noAjj 'poialua st Sap3O s,aln3pstSBW IntoadS agp iagu SANQ 0£ utgptm A.LNnO0 HONgfi W'INd 30 .LUnoo .LIfIO2IIO oql of IuoddE Cnu3 no i `aln3lst8uW IntoadS agl jo uotstoap u tlltm aa3Sustp nox 3I 'NMO,L RHI Ag NOI.LON NOI DEI IOO CNN allflS0"IOg2IOd NI J, MSgH NNO SgNId HOPIS ANd Ol MM'IINd 'flOA Ag QdNMO A.I2igdO2Id'IVNOS2idd 2I0 INg2I ANN NO Nall N ElIfILILSNOO 'I'INHS SgNId HOPIS TVIDUS dH L AS G3SOd H gH 'I'IIM SgNId `mmistSEW lumadS agl a3ojoq asuo Snot Stulnoasoid ut In3ssaoons st umos alp 3I 'aoum dtuoo -uou ut gutututua3 uotpnlotn gang So; ANQ -Igd 00'OSZ$ OZ cM dO amq N gSojM uno aqs /oq `uta3agl qvq j las popad ounp oql utgltm Sap3o gons gltm Cldutoo of Itn3 no.( 3t puu apoO aqp tptm gONNI'IcMOO gZylQgygM Sapio Am aqs /oq `uotpElotA E palltunuoo annq noA Imp spug aps3lsi&W Im adS oqp 3I 'NOLLN'IOIA NI RE OZ SgIINI.LNOO flOA AE QdNMO QNN MRgdHH QgMDSgQ A.L2I MMdd 'INg2I 30 'IgD-dVd UH,L .LNHL dLV-dLSIDVW 'INIOgdS LNaW9DWOJN9 gQOO RH.L Ag GRYMMd gg TIIM ZI `NIdd2LLS q mD 30 NMO.L gHL AdLLON O.L'IINd fIOA dI 'ONRINHH 9,LN2LLSIJNW TdIOgdS 9HI Ol UORId GRIDaUXOO Ndgg gANH (S)NOILN'IOIA 9H.L dI NgAg 9IV- dISIONW TEqOgdS 9H.L Ol Qd,LNgSgHcl gg Avw 9SN3 9H.I `(S)UnDaU NgHl QNV CIFUDRd -dOD g2IN /SI (S)NOILN'IOIA RHI dI 2I0 `NOIJ.DaUX0O WO3 GRIMFIdS 9MJ, 3H.L NI (191MUH03 ION a -iN /SI (S)NOIIN'IOIA HH,L M 'NOILOgdSMUN N 0MI.LSanba I g2IN flOA ,LNH,L QNN SRGOO NMO,L 90 NOI LN'IOIA NI XRDNO'I ON SI RDIION SIHI M QgEITIOSgQ QNN fIOA AS aaMMO AlUE[JOIId 'IN92I 30 'IRDIdW alu ,LNH,L ` a -dOdgS 2I0 NO 91 iS -9LZ (199) IV Y1Ng2i.LS d IfItO 30 NMOI 9H.L AdI.LON ISM flOA ORDINANCE NO. 00919 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 42, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, CONSTRUCTION STANDARDS, AT SECTION 42 -2 ADOPTING THE BUILDING CODES OF THE CITY OF DELRAY BEACH BY REFERENCE; PROVIDING FOR THE ISSUANCE OF PERMITS BY THE CITY OF DELRAY BEACH; PROVIDING FOR INSPECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 42, Buildings and Building Regulations, Article II, Construction Standards, Section 42 -26 to read as follows: "Sec. 42 -26. Adoption of codes by reference. The town hereby adopts by reference the provisions of all building codes and building related codes in force and effect in the City of Delray Beach as adopted or enacted by the City of Delray Beach, and as amended from time to time. For the purposes of this section, building related codes shall include the City of Delray Beach's minimum housing codes, and other construction related regulations which serve to insure the construction and maintenance of safe structures." Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 42, Buildings and Building Regulations, Article II, Construction Standards, Section 42 -27 to read as follows: "Sec. 42 -27. Issuance of permits; inspections. (a) The City of Delray Beach 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 established in a fee schedule adopted by a resolution of the town commission. The town manager or the contactor will request the City of Delray Beach building department 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 inspector on completion of this 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 City of Delray Beach and the town if necessary, the inspector will report this to the City of Delray Beach building department, which shall then issue the certificate of occupancy to the builder. 1 (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans shall be as indicated in the town fee schedule. (c) If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town and a fee established by the town's fee schedule shall be paid to the town for receipt of such permit. (d) If a construction trailer is parked within the town a permit shall be required therfor along with approval of the town commission, and a permit fee in the amount established in the town's fee schedule shall be paid to the town. The permit will be valid for a period of six months. (e) If a person fails to obtain a building permit where otherwise required within the town, the penalty fee applicable by the City of Delray Beach in the amount of three times the regular fee due to the City of Delray Beach shall be paid. In addition, there shall be paid to the town a fee three times the regular fee due the town." Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 9th day of October , 2009, and for a second and final reading on this 13th day of TI-,, h, 2009. F% Cam rKsWoner Comm i ner Commissioner ATTEST: �Q Cle k a:MOCSV 314TDODDl OO\16K6995.oOC C, \ BUILDINGS AND BUILDING REGULATIONS § 42 -27 ARTICLE I. IN GENERAL Sec. 42 -1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42.2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others with respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95 -4, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE 11. CONSTRUCTION STANDARDS Sec. 42.26. Adoption of codes by reference. The town hereby adopts by reference the pro- visions of all building codes and building related codes in force and effect in the county as adopted or enacted by the state or the board of county commissioners and the building department of that county, and as amended from time to time. For the purposes of this section, building related codes shall include the county's minimum hous- ing codes, and other construction related regula- tions which serve to insure the construction and maintenance of safe structures. (Code 1978, § 4 -1; Ord. No. 98 -1, § 1, 4- 14 -98) Sec. 42 -27. Issuance of permits; inspections. (a) The county serves as the town's building official and shall issue all building permits for construction in the town. The town shall charge a fee to cover the costs associated with reviewing for compliance with zoning, design manual and other town ordinances. Such fee shall be estab- lished in a fee schedule adopted by a resolution of the town commission. The town manager or the contractor will request the county building depart- ment for inspection for a given time and date and the permit inspection card and plan shall be on the construction site at all times and the inspec- tor on completion of his inspection will mark the card as to acceptance and the date thereon, or will note reasons for rejection. Upon completion of the project and final inspection, by both the county and the town if necessary, the inspector will report this to the county building department, which shall then issue the certificate of occupancy to the builder. (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans shall be as indicated in the town fee .schedule. (c) If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town CD42:3 42 -27 GULF STREAM CODE ( nd a fee established by the town's fee schedule hall be paid to the town for receipt of such ,ermit. (d) If a construction trailer is parked within he town a permit shall be required therefor along rith approval of the town commission, and a ermit fee in the amount established in the town's ae schedule shall be paid to the town. The permit dill be valid for a period of six months. (e) If a person fails to obtain a building permit There otherwise required within the town, the enalty fee applicable by the county in the amount f four times the regular fee due to the county hall be paid. Ih addition, there shall be paid to is town a fee four times the regular fee due the )wn. ,ode 1978, § 4 -3; Ord. No. 89 -6, § 1, 12- 15 -89; 7d. No. 98 -1, § 1, 4- 14-98) ec. 42 -28. County to process applications; fees for service. The county building department shall process lans that are submitted in triplicate, checking le same for compliance with the codes adopted in its article, and will determine the amount of the armit fee and supply a copy of the same to the own. For this and the inspection service the )unty shall charge the builder a permit fee as itablished by the county building permit fee :hedule. The fee to the county shall be paid by is builder at the time application for permit is ibmitted to the county. ,ode 1978, § 4 -4) ec. 42 -29. Construction abandonment. All authorized construction shall be completed -ior to the expiration of the building permit sued by the county. The expiration of a building armit shall be prima facie evidence that the lilding project has not commenced or has been )andoned. Failure of the permit holder or the property vner to complete construction once it has been itiated within the timeframe of the building :rmit is a violation that will be referred to the iecial master pursuant to Chapter 2, Article III, [vision 2, of this Code. Failure to restore the site to its preconstruction conditions, including re- moval 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) Editor's note — Ordinance No. 03 -13, § 1, adopted October 10, 2003, repealed § 42 -29. Formerly, such section pertained to approval of supplier of water prior to permit issuance and derived from § 4-6 of the 1978 Code. Subsequently, § 2 of same ordinance renumbered § 42.30 as § 42 -29. Sec. 42 -30. Driveway permits. (a) Permit required. Construction or reconstruc- 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 AZA. 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) Editor's note — Ordinance No. 03 -13, § 3, adopted October 10, 2003, renumbered § 42-31 to § 42-30. Secs. 42- 31- 42 -50. Reserved. CD42:4 ORDINANCE NO. 009/6 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, AT ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT, BY AMENDING SECTION 2 -70 THEREOF TO INCLUDE A PROVISION AUTHORIZING THE IMPOSITION OF AN ADMINISTRATIVE FEE OF $160.00 IN THE EVENT OF A FINDING OF NONCOMPLIANCE IN ADDITION TO ANY FINE WHICH MAY OTHERWISE BE IMPOSED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2, Code Enforcement, Section 2 -70, Conduct of Hearings, to read as follows: "Sec. 2.70. Conduct of hearings. (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated, Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed In the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial In the courts of the state. Documentary and physical evidence may be admitted. (c) The special magistrate may Inquire of any witness who Is testifying before hlm/her. The respondent, or his attorney and the town attorney and his /her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the special magistrate shall Issue findings of fad 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. In the event the Town prevails In prosecuting a case before the magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate and such costs may be Included in the lien authorized under Section 2 -72 of this chapter. Administrative costs, for purposes of this section, shall be $150.00. The order entered by the magistrate shall Include, in the event of noncompliance, a finding of noncompliance, that the violator is required to pay the Town administrative costs In the amount of $150,00, that the order must be complied with by a specified date and that a fine, as well as the cost of repalra, may be imposed if the order is not complied with by such date. The administrative costs shall be due regardless of whether the order is complied with by the requisite date. A certified copy of such order may be re- corded In the public records of the county and shall constitute notice to any subsequent purchasers, successors In Interest, or assigns If the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns .n Section 2. Severabllity. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the\, provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 9th day of October , 2009, and for a second and final reading on this 13th day of November , 2009, ATTEST: Town C erk Commi st er Commissioner 2 § 2.42 GULF STREAM CODE (4) Attend all town commission meetings and he shall have the right to take part in discussion but may not vote. (5) Administer all laws, provisions of the char- ter and acts of the town commission sub- ject to enforcement by him or by officers subject to his supervision. (6) Prepare and submit the annual budget and capital programs to the town commis- sion. (7) Submit to the town commission and make available to the public a complete report on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom- mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commis- sion. (12) The town manager shall represent the town before appointive officers of other governmental bodies except when the town commission shall have designated some other person to act. (Ord. No. 89 -3, § 1, 5 -5 -89) Secs. 2- 43 -2 -55. Reserved. ARTICLE III. BOARDS AND DIVISION 1. GENERALLY Seca. 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. 06 -02, § 1, 5 -5 -06) Sec. 2 -67. Special magistrate term. (a) There is hereby established a special mag- istrate who shall be designated by the town commission. (b) The special magistrate shall be appointed for a term of two years and shall be appointed to serve in an ex- officio capacity if the special mag- istrate serves other local governments as a special magistrate. Such service to other local govern- ments does not create duties inconsistent with serving as special magistrate to the Town of Gulf Stream. (c) The special magistrate shall be an attorney and a member of the Florida Bar. (d) The special magistrate shall serve at the pleasure of the town commission. (e) The special magistrate 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 magistrate; all hear- ings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special magistrate 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 magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -68. Jurisdiction. (a) The special magistrate shall have the juris- diction 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: Supp. No. 1 CD2:4 (1) Chapter 6, Animals; ;! NT _ 44_: 8 L (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 magistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in the court at the option of the administrative official bearing re- sponsibility for enforcement of that respective code or ordinance. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager and responsible for the enforcement of such ordinances, hereinafter referred to as a "code enforcement officer," may initiate code enforcement proceedings and issue citations or notices of violation to a person or persons to appear in front of the special magis- trate 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 inspec- tors, law enforcement officers, public works in- spectors, fire safety inspectors, and zoninginspec- tors. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsec- tion (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the special magistrate Supp. No. 1 § 2 -70 and request a hearing. The special magistrate shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2 -75 to the violator. At the option of the special magistrate, notice may addi- tionally be served by publication or posting as provided in section 2 -75. If the violation is cor- rected 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 magistrate even if the violation has been corrected prior to the special magistrate hearing, the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not re- quired to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special magistrate and request a hear- ing. The special magistrate shall schedule a hear- ing and shall provide notice pursuant to section 2 -75. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been cor- rected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the special magistrate. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special magistrate 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 mag- istrate and request a hearing. (Ord. No. 06 -02, § 1, 5 -5 -06) 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, CD2:5 § 2 -7a GULF STREAM CODE 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 magistrate may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the spe- cial magistrate shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- 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. 06 -02, § 1, 5 -5 -06) Sec. 2 -71. Powers. The special magistrate 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. (S) Authorize the reduction of any fine he/she has imposed. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2.72. Administrative fines, costs of re- pair; liens. (a) The special magistrate, upon notification by the code inspector that an order of the special magistrate 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 magistrate 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 magistrate. In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special magistrate shall notify the local governing body, which may make all reason- able repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has Supp. No. 1 CD2:6 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 magistrate finds a violation to be irrep- arable 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 magistrate finds the vio- lation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the special magistrate shall consider the following 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 alien 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 § 2 -75 may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 06 -02, § 1, 5 -5 -06) 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. 06 -02, § 1, 5 -5 -06) Sec. 2 -74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special magistrate to the circuit court of Palm Beach County, Florida. Such an appeal shall not be a hearing de nova, but shall be limited to appellate review of the record created before the special magistrate. The appeal shall be filed within 30 days of the execution of the order to be appealed. (Ord. No. 06 -02, § 1, 5 -5 -06) 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. Supp. No. 1 CD2:7 § 2 -75 GULF STREAM CODE (b) In addition to providing notice as set forth in this section, at the option of the special magis- trate, notice may also be served by publication or posting, 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 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. 06 -02, § 1, 5 -5 -06) 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 has been imposed pursuant to section 2 -72 may apply to the special magistrate, through the town attorney or his/her designee, for a satisfac- tion of the fine with less than full payment thereof. No such application shall be considered by the special magistrate 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. (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 magistrate with less than full payment thereof, unless the special magistrate shall make a spe- cific 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 magistrate shall be paid on such terms as approved by the special magistrate. (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 magistrate may reduce such fine even if the violation has not been corrected. (e) Where recording has occurred and a lien filed against the property, any request for a sat- isfaction of the lien with less than full payment shall be considered by the town commission not the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) 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 Supp. No. 1 CD2:8 NJ 6141. V vkil Y D division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -78. Alternative code enforcement pro- cedures. The town may employ other methods of code enforcement including, but not limited to, the issuance of a notice to appear in county court or arrest for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordi- nance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a defi- nite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. (Ord. No. 06 -02, § 1, 5 -5 -06) ARTICLE N INSURANCE PREMIUMS Sec. 2 -80. Property insurance premiums tax. (1) There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insur- ance as shown by the records of the State Department of Insurance, an excise tax in addition to any lawful license or excise tax now levied by the Town, in the amount of one and eighty -five hundredths (1.85) percent of the gross amount of receipts of premiums from policyholders on all pre- miums collected on property insurance policies covering property within the cor- porate limits of the Town. In the case of multiple -peril policies with a single pre- mium for both the property and casualty coverages in such policies, seventy (70) percent of such premium shall be used as the basis for the one and eighty -five hun- dredths (1.85) percent tax. This excise tax shall be payable annually on March 1 of each year. Supp. Nu. 1 CD2:9 § 2 -80 (2) All money derived from this tax shall be appropriated to the City of Delray Beach's Firefighter Relief and Pension Fund to provide fire - rescue services pursuant to the Interlocal Agreement between the Town of Gulf Stream and the City of Delray Beach. (Ord. No. 06 -08, § 1, 11- 17 -06) L7 kD ti G Im CD a o^ rn a H FS ma a rta (D H. m w r H aoo ro r• o to h] P. Ul tl 0 PV w rt r• Lo 9. m m Li a n � rt a r• n o m r• c H (p Lrl n CD (p a 0 m 8 - D 71 R: M TDC o o 97 X D () DO --1 .M CA) m a D w 'S N' M f' `G�rtj rtp� N N. rtH per, O (D (p O r �W r NN ryNN Prt+ N p In O (] r m V COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN R. ORTHWEIN, Vloe Mayor FRED B. OEVITT III CHRIS O. WHEELER MURIEL J. ANDERSON October 5, 2010 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Edward & Joyce Slominski 920 Indigo Point Gulf Stream, F1. 33483 Dear Mr. & Mrs. Slominski: Telephone (561) 276.5116 Fax (561) 737 -0186 Town Manager WILLIAM H.THRASHER Town Clerk RRA LTAYLOR HAND DELIVERY Article #142 On August 12, 2010, our Code Enforcement Officer observed that a fence had just been installed at the above address without first having a building permit to cover this work. In addition, the company-instilling the fence was not registered to work in Town. This company is Associated Steel & Aluminum LTD. There were workers on site and in addition Bill Cochran was present. Mr. Cochran advised the Officer that he was acting as supervisor of the installation at the request of the owner and that he take care of these problems. To date, nor permit has been applied for and we have heard no more from Mr. Cochran. This is in violation of Sections 42.26 through 42.28 of the Town of Gulf Stream Code of Ordinances that adopted by reference the Building Code of Palm Beach County that has now been superceeded by the Florida Building Code, Section 104. This is to be considered official notice to correct this violation by making application for a building permit within 15 days. Ediling to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a copy of which is enclosed along with copies of other Code Sections mentioned herein. vVery truly yoursy William H. Thrasher Town Manager Encl . 100 SEA ROAD, GULF STREAM, FLORIDA 33483 RETURN RECEIPT Article addressed to: Edward & Joyce Slominski 920 Indigo Pt Gulf Stream, FL 33483 Signature (addressee) or 1 . Agent Sir /0 -18113 Article No. 14 Date Delivered / %5-�io / BUILDINGS AND BUILDING REGULATIONS § 42 -27 I ARTICLE I. IN GENERAL Sec. 42 -1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others with respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95 -4, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE 11. CONSTRUCTION STANDARDS Sec. 42 -26. Adoption of codes by reference. The town hereby adopts by reference the pro- visions of all building codes and building related codes in force and effect in the county as adopted or enacted by the state or the board of county commissioners and the building department of that county, and as amended from time to time. For the purposes of this section, building related codes shall include the county's minimum hous- ing codes, and other construction related regula- tions which serve to insure the construction and maintenance of safe structures. (Code 1978, § 4-1; Ord. No. 98 -1, § 1, 4- 14-98) Sec. 42 -27. Issuance of permits; inspections. (a) The county serves as the town's building official and shall issue all building permits for construction in the town. The town shall charge a fee to cover the costs associated with reviewing for compliance with zoning, design manual and other town ordinances. Such fee shall be estab- lished in a fee schedule adopted by a resolution of the town commission. The town manager or the contractor will request the county building depart. ment for inspection for a given time and date and the permit inspection card and plan shall be on the construction site at all times and the inspec- tor on completion of his inspection will mark the card as to acceptance and the date thereon, or will note reasons for rejection. Upon completion of the project and final inspection, by both the county and the town if necessary, the inspector will report this to the county building department, which shall then issue the certificate of occupancy to the builder. (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans shall be as indicated in the town fee schedule. (c) If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town CD42:3 § 42 -27 GULF STREAM CODE i and a fee established by the town's fee schedule shall be paid to the town for receipt of such permit. (d) If a construction trailer is parked within the town a permit shall be required therefor along with approval of the town commission, and a permit fee in the amount established in the town's fee schedule shall be paid to the town. The permit will be valid for a period of six months. (e) If a person fails to obtain a building permit where otherwise required within the town, the penalty fee applicable by the county in the amount of four times the regular fee due to the county 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 1978, § 4-4) Sec. 42 -29. Construction abandonment. 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 referred to the special master pursuant to Chapter 2, Article III, Division 2, of this Code. Failure to restore the site to its preconstruction conditions, including re- moval 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) Editor's note — Ordinance No. 03.13, § 1, adopted October 10, 2003, repealed § 42 -29. Formerly, such section pertained to approval of supplier of water prior to permit issuance and derived from § 4 -6 of the 1978 Code. Subsequently, § 2 of same ordinance renumbered § 42 -30 as § 42 -29. Sec. 42 -30. Driveway permits. (a) Permit required. Construction or reconstruc- 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 AZA. 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) Editor's note— Ordinance No. 03 -13, § 3, adopted October 10, 2003, renumbered § 42 -31 to § 42 -30. Secs. 42- 31- 42 -50. Reserved. CD42:4 § 2-42 GULF STREAM CODE ordinance; the town commission may ac- (11) Perform such other duties as are specified cept or reject such recommendations and in the charter or ordinances of the town or may make appointments in the absence of as may be required by the town commis - such recommendations. sion. (2) Appoint, and when he deems it necessary for the good of the town, suspend or re- move, all other town employees. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (3) Direct and supervise the administration of all departments, offices and agencies of the town except as otherwise provided by charter or by law. (4) Attend all town commission meetings and he shall have the right to take part in discussion but may not vote. (5) Administer all laws, provisions of the char- ter and acts of the town commission sub- ject to enforcement by him or by officers subject to his supervision. (6) Prepare and submit the annual budget and capital programs to the town commis- sion. (7) Submit to the town commission and make available to the public a complete report on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom- mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (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. 243 -2 -55. Reserved. ARTICLE M. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2- 56 -2 -65. Reserved. DIVISION 2. CODE ENFORCEMENT Sec. 2 -66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." (Ord. No. 98 -3, § 1, 5- 14-98) Sec. 2 -67. Special master; term. (a) There is hereby established a special mas- ter who shall be designated by the town commis- sion. (b) The special master shall be appointed for a term of two years. (c) The special master shall be an attorney and a member of the Florida Bar. (d) The special master shall serve at the plea- sure of the town commission. (e) The special master shall preside over code enforcement matters scheduled to be heard from time to time. (f) Minutes shall be maintained at all hearings presided over by the special master; all hearings shall be open to the public. The town shall provide CD2:4 " A D M I N I S T R A T I O N � 2 - 6 9 " " " c l e r i c a l a n d a d m i n i s t r a t i v e p e r s o n n e l a s m a y b e r e q u i r e d b y t h e s p e c i a l m a s t e r f o r t h e p r o p e r p e r f o r m a n c e o f h i s / h e r d u t i e s . ( g ) T h e t o w n a t t o r n e y o r h i s / h e r d e s i g n e e s h a l l r e p r e s e n t t h e t o w n b y p r e s e n t i n g c a s e s b e f o r e t h e s p e c i a l m a s t e r . ( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 ) S e e . 2 - 6 8 . J u r i s d i c t i o n . ( a ) T h e s p e c i a l m a s t e r s h a l l h a v e t h e j u r i s d i c - t i o n a n d a u t h o r i t y t o h e a r a n d d e c i d e a n y a l l e g e d v i o l a t i o n s o f t h e f o l l o w i n g c h a p t e r s o f t h e C o d e a n d o r d i n a n c e s o f t h e t o w n a s t h e s a m e m a y b e a m e n d e d f r o m t i m e t o t i m e : ( 1 ) C h a p t e r 6 , A n i m a l s ; ( 2 ) C h a p t e r 1 0 , B u s i n e s s e s , P r o f e s s i o n s a n d O c c u p a t i o n s ; ( 3 ) C h a p t e r 1 8 , E m e r g e n c y S y s t e m s ; ( 4 ) C h a p t e r 2 2 , N u i s a n c e s ; ( 5 ) C h a p t e r 2 6 , O f f e n s e s ; ( 6 ) C h a p t e r 3 8 , W a t e r w a y s ; ( 7 ) C h a p t e r 4 2 , B u i l d i n g s a n d B u i l d i n g R e g - u l a t i o n s ; ( 8 ) C h a p t e r 5 2 , M a r i n e F a c i l i t i e s , S t r u c t u r e s a n d P l a c e s ; a n d ( 9 ) C h a p t e r 6 6 , Z o n i n g . ( 1 0 ) C h a p t e r 7 0 , D e s i g n M a n u a l . ( b ) T h e j u r i s d i c t i o n o f t h e s p e c i a l m a s t e r s h a l l n o t b e e x c l u s i v e . A n y a l l e g e d v i o l a t i o n o f a n y o f t h e a f o r e s a i d c o d e s a n d o r d i n a n c e s m a y b e p u r - s u e d b y a p p r o p r i a t e r e m e d y i n t h e c o u r t a t t h e o p t i o n o f t h e a d m i n i s t r a t i v e o f f i c i a l b e a r i n g r e - s p o n s i b i l i t y f o r e n f o r c e m e n t o f t h a t r e s p e c t i v e c o d e o r o r d i n a n c e . ( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 ) S e c . 2 - 6 9 . E n f o r c e m e n t p r o c e d u r e . ( a ) A n e m p l o y e e o f t h e t o w n w h o i s d u l y a u - t h o r i z e d b y t h e t o w n m a n a g e r a n d r e s p o n s i b l e f o r t h e e n f o r c e m e n t o f s u c h o r d i n a n c e s , h e r e i n a f t e r r e f e r r e d t o a s a " c o d e e n f o r c e m e n t o f f i c e r , " m a y i n i t i a t e c o d e e n f o r c e m e n t p r o c e e d i n g s a n d i s s u e c i t a t i o n s o r n o t i c e s o f v i o l a t i o n t o a p e r s o n o r p e r s o n s t o a p p e a r i n f r o n t o f t h e s p e c i a l m a s t e r w h e n t h e c o d e e n f o r c e m e n t o f f i c e r , u p o n p e r s o n a l i n v e s t i g a t i o n , h a s r e a s o n a b l e c a u s e t o b e l i e v e t h a t t h e p e r s o n o r p e r s o n s a r e i n v i o l a t i o n o f t h e c o d e s c i t e d i n t h i s d i v i s i o n . E m p l o y e e s w h o m a y b e d e s i g n a t e d a s c o d e e n f o r c e m e n t o f f i c e r s m a y i n c l u d e b u t a r e n o t l i m i t e d t o , c o d e i n s p e c t o r s , l a w e n f o r c e m e n t o f f i c e r s , p u b l i c w o r k s i n s p e c t o r s , f i r e s a f e t y i n s p e c t o r s , a n d z o n i n g i n s p e c t o r s . ( b ) I f a v i o l a t i o n o f t h e c o d e s i s f o u n d , t h e c o d e i n s p e c t o r s h a l l n o t i f y t h e v i o l a t o r , u n l e s s s u b s e c - t i o n ( c ) b e l o w a p p l i e s , a n d g i v e s u c h . v i o l a t o r a r e a s o n a b l e t i m e , w h i c h s h a l l n o t e x c e e d 3 0 d a y s , t o c o r r e c t t h e v i o l a t i o n . S h o u l d t h e v i o l a t i o n c o n - t i n u e b e y o n d t h e t i m e s p e c i f i e d f o r c o r r e c t i o n , t h e c o d e i n s p e c t o r s h a l l n o t i f y t h e s p e c i a l m a s t e r a n d r e q u e s t a h e a r i n g . T h e s p e c i a l m a s t e r s h a l l s c h e d - u l e a h e a r i n g , a n d w r i t t e n n o t i c e o f s u c h h e a r i n g s h a l l b e h a n d d e l i v e r e d o r m a i l e d a s p r o v i d e d i n s e c t i o n 2 - 7 5 t o t h e v i o l a t o r . A t t h e o p t i o n o f t h e s p e c i a l m a s t e r , n o t i c e m a y a d d i t i o n a l l y b e s e r v e d b y p u b l i c a t i o n o r p o s t i n g a s p r o v i d e d i n s e c t i o n 2 - 7 5 . I f t h e v i o l a t i o n i s c o r r e c t e d a n d t h e n r e c u r s o r i f t h e v i o l a t i o n i s n o t c o r r e c t e d b y t h e t i m e s p e c i f i e d f o r c o r r e c t i o n b y t h e c o d e i n s p e c t o r , t h e c a s e m a y b e p r e s e n t e d t o t h e s p e c i a l m a s t e r e v e n i f t h e v i o l a t i o n h a s b e e n c o r r e c t e d p r i o r t o t h e s p e c i a l m a s t e r h e a r i n g ; t h e n o t i c e s h a l l s o s t a t e . ( c ) I f a r e p e a t v i o l a t i o n i s f o u n d , t h e c o d e i n s p e c t o r s h a l l n o t i f y t h e v i o l a t o r b u t i s n o t r e - q u i r e d t o g i v e t h e v i o l a t o r a r e a s o n a b l e t i m e t o c o r r e c t t h e v i o l a t i o n . T h e c o d e . i n s p e c t o r , u p o n n o t i f y i n g t h e v i o l a t o r o f a r e p e a t v i o l a t i o n , s h a l l n o t i f y t h e s p e c i a l m a s t e r a n d r e q u e s t a h e a r i n g . T h e s p e c i a l m a s t e r s h a l l s c h e d u l e a h e a r i n g a n d s h a l l p r o v i d e n o t i c e p u r s u a n t t o s e c t i o n 2 - 7 5 . T h e c a s e m a y b e p r e s e n t e d t o t h e s p e c i a l m a s t e r e v e n i f t h e r e p e a t v i o l a t i o n h a s b e e n c o r r e c t e d p r i o r t o t h e h e a r i n g , a n d t h e n o t i c e s h a l l s o s t a t e . I f t h e r e p e a t v i o l a t i o n h a s b e e n c o r r e c t e d , t h e s p e c i a l m a s t e r r e t a i n s t h e r i g h t t o s c h e d u l e a h e a r i n g t o d e t e r m i n e c o s t s a n d i m p o s e t h e p a y m e n t o f r e a - s o n a b l e e n f o r c e m e n t f e e s u p o n t h e r e p e a t v i o l a - t o r . T h e r e p e a t v i o l a t o r m a y c h o o s e t o w a i v e h i s o r h e r r i g h t s t o t h i s h e a r i n g a n d p a y t h e c o s t s a s d e t e r m i n e d b y t h e s p e c i a l m a s t e r . A r e p e a t v i o l a - t i o n i s a v i o l a t i o n o f a p r o v i s i o n o f a c o d e o r o r d i n a n c e b y a p e r s o n w h o m t h e s p e c i a l m a s t e r h a s p r e v i o u s l y f o u n d t o h a v e v i o l a t e d t h e s a m e p r o v i s i o n w i t h i n f i v e y e a r s p r i o r t o t h e v i o l a t i o n . C D 2 : 5 § 2-69 GULF STREAM CODE (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 )f any witness before the special master. The special master may call any witness deemed nec- Bssary to provide a full and fair hearing of the :ase. (d) At the conclusion of the hearing, the ape - aal master shall issue findings of fact based on widence on the record and conclusions of law, and ;hall issue an order affording the proper relief ;onsistent with the powers granted herein. The irder shall be stated orally at the meeting, and hall be reduced to writing and mailed to the dleged violator within ten working days after the searing. The order may include a notice that it oust be complied with by a specified date and hat a fine, as well as the cost of repairs, may be mposed if the order is not complied with by such ate. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- 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 CD2:6 ] 4 " A D M I N M T R A T I O N � 2 - 7 4 " " r �� L J : 7 t h e v i o l a t i o n c o n t i n u e s p a s t t h e d a t e s e t b y t h e s p e c i a l m a s t e r f o r c o m p l i a n c e o r , i n t h e c a s e o f a r e p e a t v i o l a t i o n , f o r e a c h d a y t h e r e p e a t v i o l a t i o n c o n t i n u e s , b e g i n n i n g w i t h t h e d a t e t h e r e p e a t v i o l a t i o n i s f o u n d t o h a v e o c c u r r e d b y t h e s p e c i a l m a s t e r . I n a d d i t i o n , i f t h e v i o l a t i o n i s a v i o l a t i o n d e s c r i b e d i n s u b s e c t i o n 2 - 6 9 ( d ) o f t h i s d i v i s i o n , t h e s p e c i a l m a s t e r s h a l l n o t i f y t h e l o c a l g o v e r n i n g b o d y , w h i c h m a y m a k e a l l r e a s o n a b l e r e p a i r s w h i c h a r e r e q u i r e d t o b r i n g t h e p r o p e r t y i n t o c o m p l i a n c e a n d c h a r g e t h e v i o l a t o r w i t h t h e r e a - s o n a b l e c o s t - o f - t h e r e p a i r s a l o n g w i t h t h e f i n e i m p o s e d p u r s u a n t t o t h i s s e c t i o n . I f a f i n d i n g o f a v i o l a t i o n o r a r e p e a t v i o l a t i o n h a s b e e n m a d e a s p r o v i d e d i n t h i s s e c t i o n , a h e a r i n g s h a l l n o t b e n e c e s s a r y f o r i s s u a n c e o f t h e o r d e r i m p o s i n g t h e f i n e . I f , a f t e r d u e n o t i c e a n d h e a r i n g , a s p e c i a l m a s t e r f i n d s a v i o l a t i o n t o b e i r r e p a r a b l e o r i r r e v e r s i b l e i n n a t u r e , i t m a y o r d e r t h e v i o l a t o r t o p a y a f i n e a s s p e c i f i e d i n s u b s e c t i o n ( b ) , b e l o w . ( b ) A f i n e . i m p o s e d . p u r s u a n t t o t h i s s e c t i o n s h a l l n o t e x c e e d $ 2 5 0 . 0 0 p e r d a y f o r a f i r s t v i o l a - t i o n , a n d s h a l l n o t e x c e e d $ 5 0 0 . 0 0 p e r d a y f o r a r e p e a t v i o l a t i o n , a n d , i n a d d i t i o n m a y i n c l u d e a l l c o s t s o f r e p a i r s p u r s u a n t t o s u b s e c t i o n ( a ) , a b o v e . H o w e v e r , i f t h e s p e c i a l m a s t e r f i n d s t h e v i o l a t i o n t o b e i r r e p a r a b l e o r i r r e v e r s i b l e i n n a t u r e , i t m a y i m p o s e a f i n e n o t t o e x c e e d $ 5 , 0 0 0 . 0 0 p e r v i o l a - t i o n . ( c ) I n d e t e r i n i + i * + g t h e a m o u n t o f t h e f i n e , i f a n y , t h e s p e c i a l m a s t e r s h a l l c o n s i d e r t h e f o l l o w - i n g f a c t o r s : ( 1 ) T h e g r a v i t y o f t h e v i o l a t i o n ; ( 2 ) A n y a c t i o n s t a k e n b y t h e v i o l a t o r t o c o r - r e c t t h e v i o l a t i o n ; a n d ( 3 ) A n y p r e v i o u s v i o l a t i o n s c o m m i t t e d b y t h e v i o l a t o r . ( d ) A c e r t i f i e d c o p y o f a n o r d e r i m p o s i n g a f i n e m a y b e r e c o r d e d i n t h e p u b l i c r e c o r d a n d t h e r e a f - t e r s h a l l c o n s t i t u t e a l i e n a g a i n s t t h e l a n d o n w h i c h t h e v i o l a t i o n e x i s t s , a n d u p o n a n y o t h e r r e a l o r p e r s o n a l p r o p e r t y o w n e d b y t h e v i o l a t o r . U p o n p e t i t i o n t o t h e c i r c u i t c o u r t , s u c h o r d e r m a y b e e n f o r c e d i n t h e s a m e m a n n e r a s a c o u r t j u d g - m e n t b y t h e s h e r i f f s o f t h i s s t a t e , i n c l u d i n g l e v y a g a i n s t t h e p e r s o n a l p r o p e r t y , b u t s u c h o r d e r s h a l l n o t b e d e e m e d t o b e a c o u r t j u d g m e n t e x c e p t f o r e n f o r c e m e n t p u r p o s e s . A f i n e i m p o s e d p u r s u - a n t t o t h i s s e c t i o n s h a l l c o n t i n u e t o a c c r u e u n t i l t h e v i o l a t o r c o m e s i n t o c o m p l i a n c e o r u n t i l a j u d g m e n t i s r e n d e r e d i n a s u i t t o f o r e c l o s e o n a l i e n f i l e d p u r s u a n t t o t h i s s e c t i o n , w h i c h e v e r o c c u r s f a s t . A l i e n a r i s i n g f r o m a f i n e i m p o s e d p u r s u a n t t o t h i s s e c t i o n r u n s i n f a v o r o f t h e t o w n a n d t h e t o w n m a y e x e c u t e a s a t i s f a c t i o n o r r e - l e a s e o f a l i e n e n t e r e d p u r s u a n t t o t h i s s e c t i o n . A f t e r t h r e e m o n t h s f r o m t h e f i l i n g o f a n y s u c h l i e n w h i c h r e m a i n s u n p a i d , t h e t o w n m a y a u t h o r i z e t h e t o w n a t t o r n e y t o f o r e c l o s e o n t h e l i e n . N o l i e n c r e a t e d p u r s u a n t t o t h e p r o v i s i o n s o f t h i s s e c t i o n m a y b e f o r e c l o s e d o n r e a l p r o p e r t y w h i c h i s a h o m e s t e a d u n d e r S e c t i o n 4 , A r t i c l e X o f t h e S t a t e C o n s t i t u t i o n . ( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 ) S e c . 2 . 7 3 . D u r a t i o n . N o l i e n p r o v i d e d u n d e r t h i s d i v i s i o n s h a l l c o n - t i n u e f o r a p e r i o d l o n g e r t h a n 2 0 y e a r s a f t e r t h e c e r t i f i e d c o p y o f a n o r d e r i m p o s i n g a f i n e h a s b e e n r e c o r d e d , u n l e s s w i t h i n t h a t t i m e a n a c t i o n t o f o r e c l o s e o n t h e l i e n i s c o m m e n c e d i n a c o u r t o f c o m p e t e n t j u r i s d i c t i o n . I n a n a c t i o n t o f o r e c l o s e o n a l i e n , t h e p r e v a i l i n g p a r t y i s e n t i t l e d t o r e c o v e r a l l c o s t s , i n c l u d i n g a r e a s o n a b l e a t t o r n e y ' s f e e , t h a t i t i n c u r s i n t h e f o r e c l o s u r e s . T h e t o w n s h a l l b e e n t i t l e d t o c o l l e c t a l l c o s t s i n c u r r e d i n r e c o r d i n g a n d s a t i s f y i n g a v a l i d l i e n . T h e c o n t i n - u a t i o n o f t h e l i e n e f f e c t e d b y t h e c o m m e n c e m e n t o f t h e a c t i o n s h a l l n o t b e g o o d a g a i n s t c r e d i t o r s o r s u b s e q u e n t p u r c h a s e r s f o r v a l u a b l e c o n s i d e r a t i o n w i t h o u t n o t i c e , u n l e s s a n o t i c e o f l i s p e n d e n s i s r e c o r d e d . ( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 ) S e c . 2 - 7 4 . A p p e a l s . A n a g g r i e v e d p a r t y , i n c l u d i n g t h e t o w n , m a y a p p e a l a f i n a l a d m i n i s t r a t i v e o r d e r o f t h e s p e c i a l m a s t e r t o t h e c i r c u i t c o u r t o f P a l m B e a c h C o u n t y , F l o r i d a . S u c h a n a p p e a l s h a l l n o t b e a h e a r i n g d e n o v o , b u t s h a l l b e l i m i t e d t o a p p e l l a t e r e v i e w o f t h e r e c o r d c r e a t e d b e f o r e t h e s p e c i a l m a s t e r . T h e a p p e a l s h a l l b e f i l e d w i t h i n 3 0 d a y s o f t h e e x e c u - t i o n o f t h e o r d e r t o b e a p p e a l e d . ( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 ) C D 2 : 7 § 2 -75 Sec. 2 -75. Notices. GULF STREAM CODE (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 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 won. (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 :oncurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by nail as required under this section. (d) Evidence that an attempt has been made to iand deliver or mail notice as provided in this section, together with proof of publication or post - ng as provided in this section shall be sufficient o show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 98 -3, § 1, 5- 14-98) Sec. 2.76. Procedure to request that a fine or lien imposed pursuant to sec- tion 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine or lien has been imposed pursuant to section 2 -72 may apply to the special master, through the town attorney or his/her designee, for a satisfac- tion of the fine or lien with less than full payment thereof. No such application shall be considered by the special master until the applicant has first shown that: (1) All ad valorem property taxes; special assessments, town utility charges and other government- imposed liens against the sub- ject real property have been paid. (2) The applicant is not personally indebted to the town for any reason. (3) All town code violations have been cor- rected under necessary permits issued therefor. (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) CD2:8 1/ ICI u 4 4 " S e c . 2 - 7 7 . P r o v i s i o n s s u p p l e m e n t a l a n d c u . m u l a t i v e . " N o t h i n g c o n t a i n e d i n t h i s d i v i s i o n s h a l l i n a n y w a y b a r o r p r o h i b i t t h e m a i n t e n a n c e o f a s u i t a t l a w o r i n e q u i t y b y t h e t o w n t o e n j o i n o r c o r r e c t a n y v i o l a t i o n o f t h e o r d i n a n c e s o f t h e t o w n , n o r t o b a r o r p r o h i b i t t h e t o w n f r o m f i l i n g c h a r g e s a g a i n s t a n y p e r s o n , f i r m o r c o r p o r a t i o n v i o l a t i n g a n y t o w n o r d i n a n c e a s p r o v i d e d b y e x i s t i n g l a w s . T h i s d i v i s i o n s h a l l b e c o n s t r u e d t o b e s u p p l e m e n t a l a n d c u m u l a t i v e w i t h a n y a n d a l l o t h e r r e m e d i e s a v a i l a b l e t o t h e t o w n a n d n o t e x c l u s i v e . ( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 ) S e c . 2 - 7 8 . A l t e r n a t i v e c o d e e n f o r c e m e n t p r o - c e d u r e s . T h e t o w n m a y e m p l o y o t h e r m e t h o d s o f c o d e e n f o r c e m e n t i n c l u d i n g , b u t n o t l i m i t e d t o , t h e i s s u a n c e o f a n o t i c e t o a p p e a r i n c o u n t y c o u r t o r a r r e s t f o r v i o l a t i o n o f m u n i c i p a l o r d i n a n c e s a s p r o v i d e d f o r i n F . S . c h . 9 0 1 . U n l e s s o t h e r w i s e " s p e c i f i c a l l y a u t h o r i z e d a n d p r o v i d e d f o r b y l a w , a p e r s o n c o n v i c t e d o f v i o l a t i n g a m u n i c i p a l o r d i - n a n c e m a y b e s e n t e n c e d t o p a y a f i n e n o t t o e x c e e d $ 5 0 0 . 0 0 , a n d m a y b e s e n t e n c e d t o a d e f t - n i t e t e r m o f i m p r i s o n m e n t n o t t o e x c e e d 6 0 d a y s , i n a m u n i c i p a l d e t e n t i o n f a c i l i t y o r o t h e r f a c i l i t y a s a u t h o r i z e d b y l a w . ( O r d . N o . 9 8 - 3 , � 1 , 5 - 1 4 - 9 8 ) " " C D 2 : 9 � 2 - 7 8 ; }§ %r)\z ! z §\§ ƒ 7 2§! = =Lu ;3� IL E \§� LU \ - / Eoo§ k� k z @ k y )0 p §§ ± § §K ]LU a z ( §°`` ) § = =m§ @ §}[� ; 3: U) E 022§ Lu >- _ \ /� w IL \ §� k - j \ ), � 0 < 2`w / _ / z i } \ j y§ §` k / )§ �\ § \%k, ( \ \ § \� §§ k}k k\) = 2 «E< _ 2 �§!« \E/ _ ui \r(2 maLU §/U � } & § y ¥. !§o§� - - - § ¥ Q ; .= CD 2 ` ` § w E »o § # / & c ') 2 / G § b /s § ) \ ° e ) j� § |k/ a ■ § § ) �« § 7 ƒ ! X § < b q/ §w ») E ( p \ (: § 4 �' w [ ZLS§ (L/ ƒ 2 § ( k§ !m Lu CD z \k( §§ §\ IL e � §/ ;W L) �%m-| k§ w a, 0 §G k 7 Ge 0o - m _» // §) >6 mb ( k®) o § k $� .. F- El) w o� m Z w 0 ._z z Q?W w O w 2 W 7° Z ❑® O O N -- O O N M N 0 = Z) J J 2 W F} W 0 (nQ a lL CL LU 0- a W a a W m e m wQF Z W 2Q'p(!�f/J F- p 1-1- (n U) U) 0i w �'� m � m m Ztn Oz aLL F - OFZQW Z ❑ ❑❑ a o QU awLL U Oxgpa >Ow W =m aW 0Z 21_- -°Wwij z z3oar�QW Wy = J U} a Z OLL �Z WQZM - W a I- p our - p -� ¢�UW ¢ a W CO f� W3:0W000< aa�� ~ w W w Wo o� zzw¢ LLI map o } a^ 3:<3:3: o< = i Y w c ,� 0 YH- -Z OF-dQ LLj¢o N Q F3mwQZ Wo ❑❑❑❑ �� lu �� z N O¢�a0: wj�} ¢ F y LL U)iOt - WQm 0 m Z i y Z >CDa?LLa�w 1LZ<MDWOa m QQ gn w 0Q��zF -3W W 0 cc w� w Z = U J 0 F' Zmw - -Q=m �Wwm Zwp0 1� wm 0 Z }zuwi�zwz O e Q 0 n LL N 00 > O F- z�°nF Wa3w W LL x Q W W O W D- m F Z a 0 m a W v ca J > V Oxx Ofna W m m 0 O w w m — wZFi - -�-x fO32 0J�� -- of dZ� N J J LL O U F m Z >- Oaw.(nwp ~a mQOwwwa"' W 0 cn (n QLL w w W J NW wQ U Q UOzx3 >xJ Z(jWW WF ~2 x � y- M O z a Z W O IL C'J 0 M W n w LL 0 N fN m w LL 0 w h } 0° U) ¢ U 41 W CwpL Fi- (D F a Q LL Z W p 2� Z N J LL W W J w W W J R' Z) W 0 F m f ¢ J �R -0 W Z LL' O W (� O W f"� K 0 0 C7 K 0 0 (D K 0 O m ZQ w 2 -0 xaF 7 rnU) FOF Z W U) 6 ¢ ¢ ¢ z ¢ y W - 0 Z) m w LL O Er w Qr W w w W W W •• aC' C �QN °Q�QJ EL K _�m O LL 0 - Z y 0 Z m 0 O W Y Q U Er > x Z >W J W 70 W 70 W 0� V=3az0 z j: 1 [F.1 d' C3 1' m N 1' W N m LU W W zF w 3321 w 1v GfD K LLU O Z O J ¢ > F°�QUF -i�OZ fn Q U Z p m x W °wwO�1w LL N LL o `� aZ �o o o (fl -< o U 0 -F- 0 UOQUF Cl) to IT m o 0 UF. OamFU2 <Qo m r1 o in w wwr wwmzx WM<z< —Oa a) LL D o w OOZxzw Yd -QZ a❑ dWW m w m ~ w a Nww a W�wo�o�a (�N w Z ° i LL ❑ o }LLLL O p WDU g J w 'o J —=< w aoxoxa w z c~i g--(r L)3a y v >>o zzQ� ° co z °zza=Wxx �•0 1-cw) pZ J� w W K = N° W� ~4 W p F'- wQ JO f-wi U O m C ❑Z W pw Y2ZHax Z� d �o <O o� V (� mCZ-7 a a wa a O > ELF-< —tea W3 (2 0 ?� w(7 pLL wtn 0 " y� a yJxa Zogo K N w 3 U Z 2� C U Z U < G O F•~ F W z V o LL °'O Vc0V 00 'm 00 wLL 3 ¢ w ¢Q z ZWUxOOx LL rF >F KO o >�> 0 (7 Y Oz <�- UUa o K-) Qzo IIVDIC o )"0/// 7- N I i %, 11 1 08.12.2010 11:42 _ ._ e J Palm Beach County Property Appraiser Property Search System Page 1 of 1 Property Information Location Address: 920 INDIGO PT View Map Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0670 Subdivision: PLACE AU SOLIEL Official Records Book: 18521 Page: 1492 Sale Date: Apr -2005 Legal Description: PLACE AU SOLEIL LT 67 Owner Information Name: SLOMINSKI EDWARD & Mailing Address: 920 INDIGO PT DELRAY BEACH FL 33483 6110 Sales Information - les Date Book /Page Price Sale Type Owner Calculate Portability 1 2010 Proposed Tax Notice Reverse Side Help All Owners Apr -2005 18521/1492 $1,700,000 WARRANTY DEED SLOMINSKI EDWARD & Dec -2002 14540/1870 $1,060,000 WARRANTY DEED TAYLOR DAVID W & Mar -2000 11692/0885 $650,000 WARRANTY DEED SORENSEN ALLAN & PHYLLIS �xempuuns Exemption Information Unavailable. Tax Year: Improvement Value: Land Value: Total Market Value: 2010 P 2009 1 _20_08 $491,40 458 z2221 1 702 468 $512,325 569 250 632,50 $1,003,733 1 027 318 1 334 968 Use Code: 0100- RESIDENTIAL All values are as of January 1st each Assessed and Taxable Va Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2010 P 2009 1 2008 $1,003,733 1 027 318 $1,334,968 0 0 0 $1,003,733 1 027 318 1 334 968 2010 P 2009 1 2008 $18,64 0 $21,812 167 _$18,3921 15 156 $18,807 $18,5481 $21,968 All Sales Property Information Number of Units: 1 *Total Square Feet: 4304 * May indicate living area in residential properties. P = Preliminary Values Structure Detail Tax Calculator Details 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.uslpapalaspxlwebldetail_info. aspx ?p_entity= 2043460422000... 10/5/2010 All Owner Page 1 of 1 - An vwnerks) PCN Number: 20- 43- 46- 04 -22- 000 -0670 Owner Names SLOMINSKI EDWARD & SLOMINSKI JOYCE Print Close http: / /www.co.palm- beach.fl.usl papa /aspx/weblallOwner.aspx ?entity _ id = 20434604220000... 10/5/2010 § 2 -75 GULF STREAM CODE (b) In addition to providing notice as set forth in this section, at the option of the special magis- trate, notice may also be served by publication or posting, 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 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. 06 -02, § 1, 5 -5 -06) 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 has been imposed pursuant to section 2 -72 may apply to the special magistrate, through the town attorney or his/her designee, for a satisfac- tion of the fine with less than full payment Post -N' Fax N 7671 Date x of pages To From Co./Dept. Co. Phone µ Phone 817 7 Fax x Q �, Fax N thereof. No such application shall be considered by the special magistrate 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. (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 magistrate with less than full payment thereof, unless the special magistrate shall make a spe- cific 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 magistrate shall be paid on such terms as approved by the special magistrate. (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 magistrate may reduce such fine even if the violation has not been corrected. (e) Where recording has occurred and a lien filed against the property, any request for a sat- isfaction of the lien with less than full payment shall be considered by the town commission not the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) 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 Supp. No. 1 CD2:8 Date /Time 06 -14 -2011 11:06:00 a.m. Local ID 1 561- 737 -0188 Local ID 2 Total Pages Scanned : 1 Transmission Report Transmit Header Text Local Name 1 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5 "x11" Town of Gulfstream Une2 Poat4P Fax NOq N 1 7671 0^' M 6t�'* m ci•. s sae ouu 5r8MM=9 ""�• ^�+� 7 r..• 8 - rn• (b) In addition to providing notice as set forth in this section, at the option of the epedal magis. crate, nmiee may ales be served by publication or posting, as fallows: (1) Such notion shall be published once dun ing each week for four consecutive weeks (four publications being s i ident) in a newspaper of general simulation in Palm Beach County, Florida The newspaper shall meat such roquirem nits as are pro. scribed under F.S. ch. 60 tar legal and official advertisements. (2) Proof of publication shall be made as Provided in F.S. 0 50.041 and 50.051. (S) In ban of publication as described In this 1ecHory such notice may bu posted in at least ten days in at least two )ocatiem, one of which still be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proofofposting shall be byatfidavit orthe person posting the notice, which all1devit shall include a copy of the notice posted and the date and places or its posting. W Notice by publication or posting may run caacurrently with, or may follow, an attempt or Attempts to provide notice by head delivery or by mail as required under this section. Id) Evidence thatan attompthss been made to hand deliver or mail notice as provided in this sectlm, togetharwith Proof ofPublication or pmt Ing m provided in this section shall be sufficient to show, that the notice requirements of this section have been met, without regard to whothm m not the alleged violator actually received ouch notice. /// (Ore. No. 06-02, j 1, 6.6-08) c. 2.76. Procedure W request that a fine or llen Imposed pursuant to sec. tion 2-TA be reduced; conditions and crit"l. therefor. (a) The owner of real property against which a fine has been Imposed pursuant to section 272 may apply to the spacial magistrate, through the town attamey ar hWhvr designee, far a initiator, Hon of the floe with less than full payment tharasf No such application shell be considered by the special mairwrete until the applicant him first shown that: (1) All ad valorem property taws, special assessments. town uti7i4ycherges andather gwernmentlmpaned liens ageimt the sub jest real property have been paid. (2) The applicant is not personally indebted to the fawn for any resume. (8) Ali town rode violations have been crr ratted under necessary permits issued themfs. (6) In considering nn application to reduce a fine or lien impend pursuant to section 2 -72, no satisfaction thereof shall he approved by the spa tied magistrate with lave than full payment thereof, unless the spatial magistrate shall make a ape. eifc finding that no violation of say ordinance de.- scribed in section 2.68 of We Code exists on the subject ran] property. (c) The balance of any fine or Ito imposed pursuant to section 2 -72 that is reduced by the special magistrate shall be paid an ouch terms as approved by the special magistrate. (d) If the property for which an application for a true reduction to being considered is (mood by a government or quasi- govmnment entity, the spe- cial magistrate may reduce such fore even if the violation has net been corrected. (e) Whore recurring: has orrurred and a lien fdod against the property, any request for a sat isf sdion of the lien with less than full payment ahal be considered by the town commission not the special magistrate. (Ord. No. 06-02, S 1, 6-6-08) lice. 277. Pruvidame supplemental and ca- mulative. Nothing contained in this division shall in any way bar ar prohibit the maintenance of a suit at law or to equity by the town to enjoin or corred any violation of the ordimmoce of the town, nor to bar or prohibit the town from filing charges against any person, firm or corporation violating any town ordinance is Provided by misting Iowa. This eupe Na 1 CDU Total Pages Confirmed: 1 l No. Job Remote5tatlon StartTlme Duration I Pages Line I Mode Job Type Results 001 135 6868764 11:04:59 a.m. 06 -14- 2011 00:00:30 1/1 1 EC HS CP21600 Abbreviations: H5: Hostsend PL: Polled local HR: Host receive PR: Polled remote W5: Waiting send MS: Mailbox save MP: Mailbox print TU: Terminated by user CP: Completed T5: Terminated bysystem G3: Group 3 FA: Fall RP: Report EC: Error Correct TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE O ON- COMPLIANCE (circle one) CASE NO. CE -5 -06 DATE: 7 -11 -06 LOCATION OF VIOLATION: 2775 Avenue Au Soleil Gulf Stream, Florida 33483 I, William H. ThrasheFhave personally examined the property described above and (Town Official/Inspector) �,f Ord 04/4, Article II Find that said property is (NOT) 04D in compliance with Section(s)Sec 22-31(4 Y the Code of the Town of Gulf Stream as of the 11th day of July . 20 06 If. QaQ, Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 11th day of T „1 ;4 .120 06 by W; 11 ; am H _ 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. * MY COMMISSIOU DD 494672 (SEAL) EXPIRES: February 21, 2010 Bonded rhmeudp t Koury Swim NOTARY PUBLIC State of Florida TOWN OF GULF STREAM BALM 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 17, 2006 Richard P. Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 276.6116 Fax (561) 737 -0188 Town Manager WILIJAM H. THRASHER Town Clerk RITA LTAYLOR We are enclosing an Affidavit of Non - Compliance covering a code violation at the above address, cited under Case #CE5 -06. The violation is a repeat violation of that cited under Case #3 -05, a deterioration of your lawn to the extent that it is in need of replacement. At the hearing held on July 11, 2006 you were found in non - compliance and the Special Magistrate assessed a fine of ten - dollars ($10.00) per day beginning on July 1, 2006 for each day the violation continues. A copy of the Order Finding Repeat Violation and Assessing Fine is enclosed for your reference. Ve truly ours !7� V / Rita L. Taylor Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 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 Case CE5 -06 July 21, 2006 Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 276-5115 Fax (551) 737 -0155 Town ManaOer WILLIAM H.THRASHER Town Clark RITA LTAYLOR HAND DELIVERED #173 Enclosed is a copy of Order Finding Repeat Violation of Section 22 -31(4) at 2775 Avenue Au Soleil as issued by the Special Magistrate on July 11, 2006. Also enclosed is an Affidavit of Compliance with Section 22 -31(4) as of July 21, 2006.. The violation was for a deteriorating and unsightly lawn which was replaced with new sod as of this date. As stated in the enclosed Order, a fine for the violation was assessed at $10.00 per day commencing on July 1, 2006 through July 21, 2006, a total of 20 days. The total amount due the Town of Gulf Stream is $200.00. Your check is to be made payable to the Town of Gulf Stream and must be received no later than August 7, 2006. Very truly yours, clRita L. Taylor Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 CASE NO. CE5 -06 LOCATION OF VIOLATION: Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 DATE: 7-21 -06 I, Rita Taylor , have personally examined the property described above and (Town Official/Inspector) Find that said property is j;(NOW) in compliance with Section(s) 2? -q1 t4 j of the Code of the Town of Gulf Stream as of the 21st day of July , 20 06 2&k - Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 71 cr day of J1113Z 2006_ by Rita Taylor Town Official/Inspector, who is personally known to me or who has produced a Florida driver's license as identification who did /did not take an oath. UNDA SUE WIRVEL MYCOMMISSIONfDO520111 NOTARY PUBLIC e EXPIRES: Apra 6,2010 State of Florida ;,ndl- B-- WTh1Q*N0tRWVk$, o m2 z e G< o g1333� § (> _ m §m ( § %$ k) \55§ 7 , e ( om g2)Mcn: a k j ,� `` ,n \�mo c / § m m k *tee ®gym -o ] r 2(R§ »� fu 0 m \ �� ) ( G) § %E Cl) b � - x 2 k \ K ) �� $ j S § ° 00 ; [ E § s� e o - ); ) k § °� (° / \ * �� �� R ! w ° - §)k - - §)k - §j] /) , § m k§/ \\j\ 7 00a \ ; § P.< ; � >,0 \ ® ` \ )\ § \ ) / \G� ` j \ ( \ k j < \ e m -§ allm) m » Cl) _ ! § z m z m - 2 > K m , /- ,o OOOE S!%\ \* /a } (\\z G 2 �% 4 K en, \ o Gm§; m 'U » ®2 §k )> - § j /m 1100 M-1 - ) �7) 2a§ m z Dim ��� � m \\ ;ba RETURN RECEIPT Article Addressed to: Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, FL 33483 - &Ila 4 XZ37t�, SIgnatur (addressee) u5; Signature (agent) Article No. 173 Date of Delivery ?12 210C rf --, O ��cc11T 0mmi xcmx� x z ❑ m x �< D p i OA Tm '-i< On N) O �O 1� O.n -Di0 OAmm *D m p nm �� cnn �m m mZ �mzOZ� p ; m m m OA Z3 DA Z n� y m� ZM>�Om m p0 fnm �� mm �Z aa)j �Gl O- O -10 m zj m��O�DO z m ° m p0 T A G) ° C3 ° Cy .O m o N< cn r Dm N G. �.` C F j mmOwX< O z A m m cn S; Or cpi ni G G7 VV a m na°, =0�D0O7� m m M> f-=1 < fD 5- 0 0 C � y z O c DmD mm M�*Z z 0- O<zoz0 m X ❑ r r (p N" z ril Om ° T y m 9 Z p fD A mm -MZ m m 3 D0 fnxDO�lm Div�O- o fD mm -- 00 rxq=Zm c �+ r mm Dm�m0MI m w _Om ox�G� CccnT -1 o m a co mA Z icn�x <Z o 00 D00 O 9 m 9 f3 p 0 x O m;u 3 mmzmZmz m r 0-1 N O m z F> N Oz Gc�+�ZZ ZM mmm m N m 3 C �y offill N nom M y N �m w N p OZ --10m `2�. { o n m :(7 Om:i7 <x m O o cn Z p (n= p � O� • 0 CmA0 1 m A ? 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D Ox«O m -_I om xp ❑ ❑ ❑❑ N cnA C3 0C /) m A �* m mAO1p m �z-I�� 000 v o ° z vm�r Dm�z z �03 ?mz = < m < A m � Omm03 m - �m 0� F 0 m m 0�r mDDzD 00 m -i <_ vx X ODO >Om Z ° G7 - < c cn 3 � xm0 -mD T �03Fv(n v -DI N m ❑ ❑❑ 1 X <D -,r> Cn -< O z N N O D Ocn cn w m c^ m c m m m c m m m mcny-�O �n jN N my N -1 �m mD� < mmm° z mz z m z =m c�i13 mK 0 xox -I (n m o,m m jm m zN mi m M z >- O rn y cn --I CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING REPEAT VIOLATION AND ASSESSING FINE TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent. Case No. CE05 -06 Re: Violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF 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 l la' day of July, 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, RICHARD LAVOIE , was present and testified at the hearing. 2. There was a finding of proper notice. 3. The Town Manager, Bill Thrasher, testified to and introduced photographs of the violation. l CONCLUSIONS OF LAW Respondent is in repeat violation of Section 22- 31(4), of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that a fine of ten - dollars ($10.00) per day shall be assessed beginning July 1, 2006, in accordance with the above listed Code Sections of the Code of Ordinances of the Town of Gulf Stream for each day the violation continues to exist. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 11 th day of July, 2006. 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