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07/05/2011 * Case #CE-1-11 * Bazarte
TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 CASE NO. CE 1 -11 DATE: July 5, 2011 LOCATION OF VIOLATION: Melanie Bazarte 930 & 940 Orchid Lane Gulf Stream, FL 33483 I, Wi 1 1 ; nm H. Th a h r, have personally examined the property described above and (Town Official/Inspector) 42.26 thru 42.28 Find that said property is (NOT) NOW) n compliance with Section(s�04 FL Code of the Code of the Town of Gulf Stream as o he ;nrl, day of T,,n, 2011 if--21 Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 5th day of Juiv 20 11 by William H. Thrasher Town Official/Inspector, who iq_ ersonally known to mmee r who has produced a Florida driver's license as identification who did /did not take an oath. Rita L. Taylor (SEAL) ¢jP'" psa RMaLTanoa , EEXP�IN brU 1 NOTARY PUBLIC State of Florida TOWN OF GULF STREAM COMMISSIONERS WILLIAM F. NOCH, JR. Mayor JOAN N. DRTHWEIN, Vice Mayor FRED B. DEV IT III CHRIS 0. WHEELER MURIEL J. ANDERSON June 1, 2011 Dr. Melanie Bazarte 940 Orchid Lane Gulf Stream, FL 33483 Dear Dr. Bazarte: PALM BEACH COUNTY, FLORIDA Telephone (561) 275 -5116 Fax (561) 777 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA LTAYLOR This is in reply to your E -mail communication regarding the height of your fences at 940 and 930 Orchid Lane. I must advise the maximum allowable height for fences visible from the roadway is four foot and are required to be screened with landscaping. With regard to the various locations you referenced in your letter, records on file in the Town Hall show that a permit for a fence was issued for each. All were issued prior to the Code Amendment and are grandfathered until such time as they are replaced. There are no permits for these at the Delray Beach Building Department as they were issued prior to our association with the Delray Department. Please be assured that Code Enforcement in Gulf Stream is not selective. Our carefully considered Ordinances and the diligent enforcement of them help keep Gulf Stream the desirable community it is known to be. I hope this information is helpful. Very truly yours, William F. Koch, Jr. Mayor cc: Rob Dittman George Diaz William Thrasher 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Transmission Report Date /Time 06 -04 -2011 11:53:00 a.m. Transmit Header Text Local ID 1 561- 737 -0188 Local Name 1 Town of Gulfstream Local ID Local Name Line This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11" vut F" TOWN OF GULF _ PALM BEACH COUNTS MI:Zft -7.22 ,tune 1, 2011 Dr. Melanie Bazarte 940 Orchid Lane Gulf Stream, PL 33483 Dear Dr. Bazartes This is in reply to your B-mail communication regarding the height of your fences at 940 and 930 Orchid Lane. I must advise the maxisan allowable height for fences visible from the roadway is four foot and are required to be screened with landscaping. With regard to the various locations you referenced in your letter, records on file in the Town Hall show that a permit for a fence was issued for each. All were issued prior to the Code Amendment and are grandfathered until such time as they are replaced. There are no permits for these at the Delray Beach Building Department as they were issued prior to our association with the Delray Department. Please be assured that Code Enforcement in Gulf Stream is not selective. Our carefully considered Ordinances and the diligent enforcement of them help keep Gulf Stream the desirable community it is known to Ise. I hope this information is helpful. Very truly yours, William 'z. Mayor cc: Bob Dittman George Diaz William Thrasher 1 GO SEA ROAD, GULF SMn M, FLORIDA 33483 Total Pages Scanned: 7 Total Pages Confirmed : 1 No. Job Remote Station StartTlme Duration Pages Line _ �'��• WUM F V=. X. Mn ,uxt smwe•,rm s„m ^• am,. owm n j vp nra,w cam. ru.ne,.gr main,. woaw• .um wsuwarnwews EC T. Oft CP21600 MA LTN R ,tune 1, 2011 Dr. Melanie Bazarte 940 Orchid Lane Gulf Stream, PL 33483 Dear Dr. Bazartes This is in reply to your B-mail communication regarding the height of your fences at 940 and 930 Orchid Lane. I must advise the maxisan allowable height for fences visible from the roadway is four foot and are required to be screened with landscaping. With regard to the various locations you referenced in your letter, records on file in the Town Hall show that a permit for a fence was issued for each. All were issued prior to the Code Amendment and are grandfathered until such time as they are replaced. There are no permits for these at the Delray Beach Building Department as they were issued prior to our association with the Delray Department. Please be assured that Code Enforcement in Gulf Stream is not selective. Our carefully considered Ordinances and the diligent enforcement of them help keep Gulf Stream the desirable community it is known to Ise. I hope this information is helpful. Very truly yours, William 'z. Mayor cc: Bob Dittman George Diaz William Thrasher 1 GO SEA ROAD, GULF SMn M, FLORIDA 33483 Total Pages Scanned: 7 Total Pages Confirmed : 1 No. Job Remote Station StartTlme Duration Pages Line Mode lob Type Results 001 049 5672437221 11:52:11 a.m. 06 -04- 2011 00:00:17 1/1 1 EC HS CP21600 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed Ts: Terminated by system G3: Group WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct Rita Taylor From: Bill Thrasher Sent: Wednesday, June 01, 2011 5:23 PM To: Rita Taylor Subject: FW: My fence permits - - - -- Original Message---- - From: DRMEL2000 @aol.com [mailto:DRMEL2000 @aol.com] Sent: Wed 6/1/2011 2:16 PM To: diaz @ci.delray - beach.fl.us Cc: RDittman@ddsllp.com; Bill Thrasher; DIAZ @ci.delray - beach.fl.us; jmmp1059 @yahoo.com Subject: My fence permits Dear George, I find it necessary to remove the fences that I got the permits for at 930 and 940 Orchid Lane, and I want my permit money back. I am not building fences. Four feet is ridiculous. Please remit $140 to me at 940 Orchid Lane, Gulfstream, 33483. Thank you. Sincerely, Melanie Bazarte Date /Time 06 -01 -2011 12:23:31 p.m. Local ID 1 561- 737 -0188 Local ID 2 marunmxsu .uall r. vxa,a«a. Aw a amxau. a.. ww AI[O{ Orlina ONa0.1AmHH1 IMYDA aIOpOM June 1, 2011 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 GULF STREAM PALM BEACH COUNTY, FLORIDA Dr. Melanie Eazarte 940 Orchid Lane Gulf Stream, FL 33483 Dear Dr. Eazarte: I Z'406_111� Town of Gulfstream Line 2 nr b W "Mal vin w mwwamW osa •am m a LTA=R This is in reply to your E -mail communication regarding the height of your fences at 940 and 930 Orchid Lane. I most advise the maximum allowable height for fences visible from the roadway is four foot and are required to be screened with landscaping. With regard to the various locations you referenced in your letter, records on file in the Town Ball show that a permit for a fence was issued for each. All were issued prior to the Code Amendment and are grandfathered until such time as they are replaced. There are no permits for these at the Delray Beach Building Department as they were issued prior to our association with the Delray Department. Please be assured that Code Enforcement in Gulf Stream is not selective, our carefully considered Ordinances and the diligent enforcement of them help keep Gulf Stream the desirable community it is known to be. I hope this information is helpful. Very truly yours, William F. Koch, Jr. Mayor cc: Rob Dittman George Diaz William Thrasher 100 Sea ROAD, GULF STREAM, FLORIDA 3.i' 483 Total Pages Scanned: t Total Pages Confirmed:) No. Job I Remote Station Start Time 1 Duratlon Pages Llne Mode I Job Type I Results 001 025 5612742221 12:22:24 p.m. 06 -01 -2011 00:00:29 1/1 1 EC HS CP74400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Walting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct AREA CODE SGI TEL 275 -BOOZ EAx 2>a -2221 TO: illiam 47- �RUC4, Jr- �raarparate� NINE NU 4DPCD CAST ATLAV IIC PVENVC DELRAY BEACH. FLORIDA 33483 FAX COVER SHEET FAX# ! 3 dr —0j 'F d ) FROM: DATE: J% PAGES: REGISTERED REAL ESTATE BROKERS The irfomation contained in this transmission is Lfent pdv1ged and confidential. It is intended for the use of the individual or er,* named above. If the reader of this message's not the intended recipiaM you are hereby notified tnat Eny dssemination, disuibuticn or copy of this communim6on is strictly prohibited. 9 you receiae this communication in error, plasse notify us immecetey by telephone (561- 276-50132) SERVING FLORMA'S REAL ESTATE NEEDS FOR OVER 45 YEARS L'd LZZZ4LZL99 •Ou!'jr 400A J we111!M eLZ :LL LL LE AeVy Print http: / /us.mg4.rnaii.yahoo.con✓dc /launch ?.gr --1 &.rand= 07hv7mdv 168ec From: DRNfEL2000 @aol.com (DRMEL2000@aoLcom) To: kochjrbill @y &hoo.com; Date: Tue, May 31, 2011 10:52:57 AM Cc: RDittman @ddsllp.com; bthrasher @gulf - stream.org; DIAZ @cLdelray- beach.fl.us; jmmp 1059@yahoo.com; Subject: PAS selective code enforcement May 31, 2011 with 2 pages attached Dear Mr. Mayor: I spoke to you recently about my fences. To refresh your memory, a while ago I called Rita at Gulfstream Town Hall to ask about specifications for a privacy fence. Misunderstanding #1 was that what I called a privacy fence was really a street- facing fence. Rita told me it must be no higher than 6 feet, wooden shadow box type, not vinyl. The fence went up and the problems began. It seems my fences are in violation of a code I knew nothing about and without a permit. Misunderstanding #2: Rita never mentioned I needed a permit or I would have filed for a permit right then and there. Moreover, others are also unaware as you will see in the photos below. I now have the permits. Please help me understand why I have been singled out to cut my down my fences to 4 feet when others have 6 foot fences. I don't understand why these 6 -foot street - facing fences are allowed and mine are not. 6 'wooden fence at 2566 Ave Au Soleil Mistakenly approved by Town Manager Z4 513112011 10:54 AM Z'd LZZZVLZL99 oui -ir yooN j weill!M eLZ: L L LL L£ feIN Print http://us.mg4.tmil.yaboo.conVdc/launch?.gx=l &.rand= 07hv7mdv 163e, Please help me understand why these fences are okay and mine are not! My neighbors like my fences. Too much time, energy, and money (mine) have been wasted on this matter. In the future, people should be correctly and thoroughly informed! Why is it that these neighbors are able to keep their fences? It's a blatant case of selective code enforcement which you told me must not be tolerated. I'll install the self - dosing hardware (of which I was not initially informed), and when the above pictured fences are rectified to 4 feet, then I will comply. In the meantime, I'm grateful for your assistance and await your response. Most sincerely, Dr Melanie Bazarte 940/930 Orchid Lane 561 - 441 -9215 :)f4 513112011 10:54 AM £'d LZZZtLZL9S oui'jr 400y4 � weiiiim eLZ: L L [L l£ (eA 1t FrA 'S � 3e. a 1 t ` t 3) ' nkyi5� may+ \: r \ +' �,��.���'.C.�b�. =a iat vlr 'mot •. � s4lmtr sl'_ '' uAl` ,4 I.y �t i} a51f7Vla r, .NMs'"F a BP2CBI01 City of Delray Beach Florida 5/27/11 Global Location Inquiry — Building Permit Applications 16:05:18 Property address . . . . 2566 AVENUE AU SOLEIL Property Control Number . . • 20 43 46 04 22 000 0410 Type options, press Enter. 2= Application inq 3= Structure inq 4--Permit inq 5= Inspection inq Opt Appl Nbr Type Stat Date Tenant Nbr/Name _ 10 00131236 FNCE CO 11/30/10 * GULFSTREA)d F3 =Exit F12= Cancel 9'd LZZZbLZl99 'ouI 'jf 400N =j wepl!M e9Z: L 6 l l l£ Ae" OP209101 city of oelray Beach Florida 5,72111 Clobal Location Inquiry - Building Permit Applications iS:51:43 Property address : 'UNKR%% Property control Number ._. : 20 43 46 04 22 000 0210 Type options, press Enter. 24pplicanm inq 3-Structure inq Warnit inq S- Inspection inq Opt Appl Ar Type Stat Date Tenant 1mr /mane F3 Wt F32•Cancel Z'd 2ZZbLZl99 'eUl'jf 4O0){-�welll!M eLZ :ll 11 L£AeW CITY OF DELRAY BEACH COMMUNITY IMPROVEMENT DEPT. (561) 243 -7200 INSPECTIONS - CALL (561) 243 -7218 Contractor, Owner, Agent ' ermit Type: F f : -.N(,E PEyRMIT ' ermit Phone Access #: 1428786 "FAILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS" Date Applied: .5/25/ 1 :l Preparedby: KIRKWOOD Date Issued: 5/26/11 911 07 Permit No: 11- 00133651 000 000 FNCC. 0 City Range Twnshp. Section Sub Dvsn. Block Lot Plat /Book /Page 04 ?.2 000 0500 Property Address Zoning Reviewed by 30 ORCHID LN UK PE Subdivision Name Improvements F'E::hI(:E -- NEW Dwner's Name /Address /Telephone Contractor's Name /Address /License /Telephone TZAR'FE MELANIE r0 ORCHID LN ILf- STREAM FL 334836 1 1 8 31- 272 -5622 OWNER /I;UII -DER DELRAY BEACH FL. 33444 4dditional Comments Construction EPI /EER FFE FLZ Occupancy Sq. Ft. Valuation .o(� .1 GO R--SF 635 Schedule of Fees and Additional Information AMT CFRRG AlvIT PAID AMT DUE ACCOUNI- PERMIT FEES 70.00 .00 70.00 001 -0000 - 329.17 -- GRAND TOTAL 70.00 'ECIAL- NOTES & RESTRICTIONS: !E:C'T NEW WOODEN FENCE 4' X 36'L.(DNG. .00 70.00 Any change in building plans or specifications must be recorded with this office. Any work not covered above, must have a valid permit prior to starting. In consideration of the granting of this permit, the owner and builder agree to erect this structure In full compliance with the Code of Ordinances of the City of Delray Beach, RECEIVUZ ®Q [li4 OF BElRR4 BER[H MAY 19 2011 FENCE PPLIt� TION 100 NW 1" Avenue-Delray Beach FL 33444 T 6( 3tm&m, FL J�- j3..12' sa '22Mat (561) 243 -7200 Fax: (561) 243 -7221 qFOR , i7 FI E US'E' ' OFFICE USE 0 Y: PROPERTY CONTROL #:n�t7 --y2L - iz - Oy Mr - -in - lox/ h "r't BLDG PERMIT #: PLEASE PRINT FENCE PERMIT #: IOBSITE ADDRESS 9 3D 6XCh(iZ� ,(y,Ye Yjr QAf44 `C • 3 -33e83 PROPERTY OWNER NAME HOME PHONE (S. / 1 _,2 7e1, CELL b/ 411- :71 PROPERTY OWNER ADDRESS SF,W e CONTRACTOR (COMPANY) NAME 1-I61,IE CONTRACTOR (COMPANY) CITY BUS. PHONE FAX uui l CELL — PERMIT FEE: PLAN CHECK FEE: MCR #: # kiirtrtrtrtiiiiirtrtiitirti4tiii .{iitrtki,trtk APPROV PLAN: DATE: II LAND: DATE: P & Z: DATE: FIRE: 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. PROfECT,C0 ,Tr,D ABOR AIVI MATERIAT ): $ :IarJs °O RESIDENTIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEYAND MAY REQUIRE ADDITIONAL LANDSCAPING. COMMERCIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEYAND APPROVED LANDSCAPE PLAN, DESRIPTION OF WORK: RESIDENTIAL P"- COMMERCIAL NEW: REPLACEMENT: POOL BARRIER? YES NO /✓ TYPE (WOOD, CHAIN LINK, ETC) /good IF CHAIN LINK, IS IT VINYL COATED? STYLE (S OWBBOX, BOARD ON BOARD, ETC.) r�nACIOLJ d/2' L.HEJGHT F7 : LENGTH 6 F fg L ` ATURE OF Q R CONTR. REGISTRATION # STATE OF, /. COUNTY OF The a omg instrument was acknowledged before me this �ay of� 20 // by OR /FEIN) E EX WORKERS COMP # MPT (FID N) # Personally Known OR Produced Identification _ Type of dentification Produced L RM0Rvsd3/I0 HOME on # DD 885504ly 22, 2013 Feln ln:wa�a9WJ85 -i %y Rvsd 3/10 Al; r oRECEIVEDe '"�J EITY OF OELRR4 BER[R l MAY 19 201p "Ana 'p(((1 Town of Gulf Stream, Fl. (561) 243 -7200 Fax: (561) 243 -7221 r FsFaa '_UOF OWNER — BUILDER AFFIDAVIT I 2 Owner: MFI AA 16E ig%ZAzrE Permit #: (Please Print) I hereby apply for a Building Permit in the City of Delray Beach Florida and will personally supervise and control the permitted construction and will observe all of the requirements of the Building, Electrical, Plumbing, Mechanical, Zoning and other technical codes as adopted and enforced by the City of Delray Beach, Florida. WHEN ISSUED, I UNDERSTAND THAT THIS PERMIT IS FOR CONSTRUCTION OF IMPROVEMENTS EXEMPT UNDER 489.103(7) OF THE FLORIDA STATUTES, AND CERTIFY THAT I AM THE BONA FIDE OWNER OF SAID PROPERTY. I ALSO UNDERSTAND THAT: State law requires construction to be done by licensed contractors. I have applied for a permit under an exemption to that law. The exemption allows me, as the owner of the property, to act as my own contractor even though I do not have a license. I must supervise the construction myself. I may build or improve a one - family or two family residence or a farm outbuilding. The building must be for my own use and occupancy. It may not be built for sale or lease. If I sell or lease more than one building I have built myself within one (1) year after the construction is complete, the law will presume that I built it for sale or lease, which is a violation of this exemption. I may not hire an unlicensed person as my contractor. My construction must be done according to building codes and zoning regulations. It is my responsibility to make sure that people employed by me have licenses as required by state law and by county or municipal licensing ordinances. I certify that I have not completed a residence or duplex under an owner— builder permit within the past twelve (12) months. I am responsible for all work done by my employees and that proper provision has been made to carry the necessary workers compensation, public liability and property damage insurance, withholding of social security, federal income taxes and payments of federal and state unemployment compensation taxes, as required by law. I, THE OWNER OF THE PROPERTY DESCRIBED AS (address) yin oecNlQ LAN E 3 Do hereby certify that I have read the foregoing, and am aware of my responsibilities, and liabilities for construction work on the above described property and do hereby covenant and agree to abide by all of the aforesaid stipulations. I further understand that any falsification of the above statements constitutes fraud and may result in cancellation of this permit and the imposition of other penalties as prescribed by law. Owner: ,i�//e�e i 'A Date: ,7— (Ple& Sign) STATE OF FLORIDA COUNTY OF PALM BEACH et ,yy/ The foregoing instrume,ywas acknowledged before me this day of By M e w e (S & z. a Te who i rsona y known me or who has produced # (type of ID) ,My P, `� S Z L_a& RIT S MAYIpq (Signature of otary) ' EXPIRES: °� es1 Bm7edTMueudge]I�'g 100 NW 1' Avenue, Delray Beach, FL 33444 Town of Gulf Stream Building Permit Review Receipt N2 5654 Townn of Gulf Stream, `Florida, ✓ �� l/ Construction Address / �/�/C Owner's Name Contractor �GUiY Phone # Contractor's Address�(/� Palm Beach County Permit #/// D QLO 5/ Issue DatePalm Beach Bldg. Cash O / - Gulf Stream Review Fee $ Check'`# 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. 414,il-v :I s:;7 G'f�T 0 n a r n h %cam GATES FOR POOL FENCES SHRL BE REQUIRED TO SWING OUTWARD AWAY FROM POOL AR4, AW •C.RP. V t1-3 VOIHOIJ 'HOYN HOINAOB " ox �7 S' 00AH(IS OHVI aaear,Ti xa� QprYgTg 's8lvP0ssV I (rdVHd3HS 'l Oa nim "Fsutls '.'X8'i ro% :abed L2:Xoag 7pTd D� „/ :ajrn 612l/ :879a PTn'I_Pa?a7BFY �� vaiwld AI m H:Am W7Vd lJL- ��.4C-AM CCPY •TP85 pa3SOgma t1Y. JO /3W 3nog7Tn PTTVA 308 •s:)uergowosnue aTgrsTn ou alV aregl 'unogs asrn.rag3o scaran 'put 'gaTjaq put ebperw" AM fro 3seq e13 �'a a:;VznooT ST ilanlns peps >pq q Pue uoT:�DaiTp Am sanun appm eq-j T63g.TH I eans r ;o uoT4Pauasesder ;xsaoo puY an.ra Y ST voe.raq unogs aYTd 1Yg3 dii.Leso 414,il-v :I s:;7 G'f�T 0 n a r n h %cam GATES FOR POOL FENCES SHRL BE REQUIRED TO SWING OUTWARD AWAY FROM POOL AR4, AW •C.RP. V t1-3 I is understood ano agreeu inut 11ab MVIMU 'ODE COMPLIANCE of this plan is subject to ie builder's and!or owne.,,' compliance with all nuilding, plumbin_: �Inetrical, mechanical, oning, and all ctFe: :- 'li"ao a ordinances of ;ne City of Delray s The undersigned specifically agree': =,,,; '`•!. and enforce all afety regulations, s <• ",!j 8ff in OSHA SAFE -Y AND HEALTH RU' ' -: !ONS for the Con - t;uction Indu011'1 - :,il rds t +3 GFR 826/1910}. T'is:�cr.- •;,r::'� - �'; i::: nn the job at times for all ur< !ATE ..-.RIM IT No. 1 l — pw HILViEvacD FOR CODE COMPUANLL Date Permit No. Building /Structural Electrical Plumbing I- jechanical rice Inspection Planning /Zoning Landscaping Irrigation -- Environmental Services- Engineer!'--1 __ ....... Q n v a 0 % N •RECEIVC-D® MAY 19 2011 Town of Cuff 5tre�m, FL TOWN OF GULF STREAM 100 SEA ROAD GULF STREAM, FLORIDA 33483 CITY OF DELRAY BEACH COMMUNITY IMPROVEMENT DEPT. (561) 243 -7200 INSPECTIONS — CALL (561) 243 -7218 Contractor, Owner, Agent °emit Type: FF: K,E PERMIT /07 ' ermit Phone Access #. :t 429091 ,,FAILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS" Date Applied: 5/24/ 11 Preparedby: K1RKWOOD Date Issued: 5/26/11 Permit No: 11- 001:.33622 000 000 I'- "t\ICC f) City Range Twnshp. Section Sub Dvsn. Block Lot Plat /Book /Page ''..t) 3 46 04 22 fXr)0 04710 Property Address Zoning Reviewed by 'r0 ORCHID LN UK P'E. Subdivisio' tarme "- Improvements I' l-NC:E - hil=l'! Dwner's Name /Address /Telephone Contractor's Name /Address /License /Telephone )ZART'E I°IELANIE v0 ORCHID LN 1LF STREAM FL 334536110 OWNER /RVIL..DFR DL-LRAY REACH FL 2134 -4 ='r kdditional Comments Construction EPI /EER FFE FLZ Occupancy Sq. Ft. Valuation .OU .00 R -Sl- 520 or rees anO HODltlonal Information ANT CHRG AMT PAID ANT DUE ACCOUNT PEIRrIIT FEES 70.00 .00 7000 001- 0000- 329.17-- GRAND TOTAL 70.00 'ECIAL. NOTES r_C RESTf @ICTIONS: 1131AL.1._ WOOD SHADOW BOX 4' X 25' FENCE. 00 70.00 Any change In building plans or specifications must be recorded with this office. Any work not covered above, must have a valid permit prior to starting. In consideration of the granting of this permit, the owner and builder agree to erect this structure in full compliance with the Code of Ordinances of the City of Delray Beach, Findd. EITYOFDELRAYBER[H ORECEIVC-1310 FENCE PERMIT APPLICATION MAY 19 2011 100 NW 1" Avenue Delray Beach FL 33444 (561) 243 -7200 Fax: (561) 243 -7221 Trawn of Gulf S:F: sm, FL I" C, ( Website: mYdelraVbeach.com ' lf PROPERTY CONTROL #: Zo . k3 _Sri . ov . ZZ . ODD. o8 /o PLEASE PRINT JOBSITE ADDRESS Fyr O,&21111z) ,�ANe �19,L.( zc .33YZ3 PROPERTY OWNER NAME /% /AN /L �i9ZA,2TG `! HOMEPHONE (� /) 27�.-56�7 -A CELL CIS% /) �TI'7n ZI S- PROPERTY OWNER ADDRESS SdM E CONTRACTOR (COMPANY) NAME __S e CONTRACTOR (COMPANY) ADDRESS ^- CITY — ST ^' ZIP_ BUS. PHONE CELL FAX - E -MAIL FOR OFFICE USE ONLY: BLDG PERMIT #: FENCE PERMIT #:JU- PERMIT FEE: �• PLAN CHECK FEE: MCR #: +++ wrtrt +rtwwwrtrt + +wrtww +rtwwrt +w +rtwwrtrtrtwrtrt APPROVAL PLAN: DATE: 2G1I LAND: DATE: P 8: Z: DATE: FIRE: 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. PROJECT COST (LABOR AND MATERIAL): $ -d0 <Do RESIDENTIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEYAND MAYREQUIRE ADDITIONAL LANDSCAPING. COMMERCIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEY AND APPROVED LANDSCAPE PLAN. DESRIPTION OF WORK: RESIDENTIAL 1' COMMERCIAL POOL BARRIER? YES NO ✓ NEW: Lr TYPE (WOOD, CHAIN LINK, ETC) 6voo d IF CHAIN STYLE (SHADOWBOX, BOARD ON BOARD, ETC.) HEIGHT [[ _ LENGTH �2,5—/ Y247 S GN TURE OF QILKLIFIER CONTR GISTRATION # STATE OF COUNTY OP The f! oing instrument was acknowledged before me this day of –yL?� 20_& by llllEZdNiG REPLACEMENT: OR WORKERS COMP# Personally Known _ OR f/ Produced Identification Type of Identification Produced Rfi1jTRv,d ME 2083550qvanre800 ,�g+I019 Rv,d 3/10 Elio OF OELRAY 0 ru (561) 243 -7200 Fax: (561) 243 -7221 o RECEIVEDW PJ L&%Y BFAC}1 MAY 19 2011 To%.-n of Gulf Stream, FL Ad- Amm4aCft TOWN OF GULF STREA 100 SEA ROAD GULF STREAM, FLORIDA 33eav 1493 2001 OWNER — BUILDER AFFIDAVIT Owner: hI fcL l` All e 84\2A RTE Permit #: t L(3 3 (Q3;; (Please Print) I hereby apply for a Building Permit in the City of Delray Beach Florida and will personally supervise and control the permitted construction and will observe all of the requirements of the Building, Electrical, Plumbing, Mechanical, Zoning and other technical codes as adopted and enforced by the City of Delray Beach, Florida. WHEN ISSUED, I UNDERSTAND THAT THIS PERMIT IS FOR CONSTRUCTION OF IMPROVEMENTS EXEMPT UNDER 489.103(7) OF THE FLORIDA STATUTES, AND CERTIFY THAT I AM THE BONA FIDE OWNER OF SAID PROPERTY. I ALSO UNDERSTAND THAT: State law requires construction to be done by licensed contractors. I have applied for a permit under an exemption to that law. The exemption allows me, as the owner of the property, to act as my own contractor even though I do not have a license. I must supervise the construction myself. I may build or improve a one - family or two family residence or a farm outbuilding. The building must be for my own use and occupancy. It may not be built for sale or lease. I£ I sell or lease more than one building I have built myself within one (1) year after the construction is complete, the law will presume that I built it for sale or lease, which is a violation of this exemption. I may not hire an unlicensed person as my contractor. My construction must be done according to building codes and zoning regulations. It is my responsibility to make sure that people employed by me have licenses as required by state law and by county or municipal licensing ordinances. I certify that I have not completed a residence or duplex under an owner— builder permit within the past twelve (12) months. I am responsible for all work done by my employees and that proper provision has been made to carry the necessary workers compensation, public liability and property damage insurance, withholding of social security, federal income taxes and payments of federal and state unemployment compensation taxes, as required by law. I, THE OWNER OF THE PROPERTY DESCRIBED AS (address) 9y() ac///D L m c- CUL�ST>C'EI��, FZ 93113 Do hereby certify that I have read the foregoing, and am aware of my responsibilities, and liabilities for construction work on the above described property and do hereby covenant and agree to abide by all of the aforesaid stipulations. I further understand that any falsification of the above statements constitutes fraud and may result in cancellation of this permit and the imposition of other penalties as prescribed by law. Owner: /7Y . P � & Date: (Ple a ign) STATE OF FLORIDA The or g PALM BEACH _ . /� ZO // The foregoing instrument was acknowledged before me this 3�day of '1YU, By Af-b l i e A6 8 2$ r f L who i rsona y mow me or who has produced # (type of ID) RITA L TAYLOR *MyCOMMISSION #DDNMI (Signature of Notary) N, EXPIRES: Febmary21,2014 '�E°FpcfF° e0ndWThmg'd0R*y vim 100 NW I° Avenue, Delray Beach, FL. 33444 Town of Gulf Stream \ Building Permit Review v Receipt N2 565 Town of Gulf fStream, Florida, C) Construction Address 91O C —YU16-1 Owner's Name.--S:x Contractor �itei Pone D 7���� Contractor's Address 0 /L GiG��/ i "3 Palm Beach County Permit # Issue Date Palm Beach Bldg. Fee �d Cash Gulf Stream Review Fee $ Chadd a From 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. ears eaiaoi-1 'INd3als -iino adoa vas ool WF arms d-ino JO NMOI vwm —i—D llr310 ttoZ 6 t WK 00BA1333bl • 940ORaDDL4NE FOW417 N41L4' 17156 b (�NlvuMrt,c— roc -n) HI V O /Mi \ FOUNp 2 "x 2" G. n. ( UrJNVMPj�/z.t_p� g LAO 82 �FENc (TYI') -0.9' - 6rE4V VIEIVT FOUNrj X -GVT ItJ GONG, s•c-o wept ( UI.II.IU/- lrl'erzC -D I Ifoor (�U r)EllE'T I P LOT8I < , V 12.1'A G,FiS. W1\U- I IK N•P. .e• , "o• RFyjl gENGe 60 T 5cKCENrr7 X43• • POOL 12.1' 35.a o ... .. ... . Md SWid Gi-Ip ?T. .'..' —. an+�inBU I� LoGIC V O /Mi \ FOUNp 2 "x 2" G. n. ( UrJNVMPj�/z.t_p� g LAO 82 �FENc (TYI') -0.9' - 6rE4V VIEIVT FOUNrj X -GVT ItJ GONG, s•c-o wept ( UI.II.IU/- lrl'erzC -D �� { i Y P C W a s ��) M V I l M O O B O W k l l l b ��b c l ( % o u f J n X - e - u - G o N G , S 1 - ��p W ( U N N U n ����r = r �������� - 1 �� ��W 1 z Y z l l y i j C ������ 1 ��: J i i i J l A t l W m � J A I 3 ��3 ��i � ��1 1 . r 1 1 a z i . ��" . , 7 8 5 3 ' 2 P 4 6 I L 4 D l S G �� U " P . 7 b ) b N I H 3 J n T o S ` J N ( 5 0 1 N 1 3 S 3 8 ' V 3 8 V 1 0 0 d V M J A V M d 0 8 V A U 4 0 O H M S O l 0 3 a j n 6 3 8 3 8 T W H S F O O N J U ? 1 e S 3 ��W 3 1 1 0 M 8 0 3 S 3 1 t + 9 C U N N u M ��e ' 1 - 3 1 b s q t a 2 5 ' X 2 0 ' G U P �� { i Y P C W a s ��) M V I l M O O B O W k l l l b ��b c l ( % o u f J n X - e - u - G o N G , S 1 - ��p W ( U N N U n ����r = r �������� - 1 �� ��W 1 z Y z l l y i j C ������ 1 ��: J i i i J l A t l W m � J A I 3 ��3 ��i � is 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 1 -11 addressing a code violation at 940 Orchid Lane, Place Au Soleil Subdivision, Gulf Stream, Florida, that is owned by Melanie Bazarte. Special Magistrate Donlon asked the Petitioner, Town of Gulf Stream, to present the facts of this case. Town Manager Thrasher, for the Town of Gulf Stream, presented a return receipt signed by Melanie Bazarte for the Notice of Agenda delivered to Ms. Bazarte on May 1, 2011 at 5:45 P.M. The Special Magistrate ruled that proper notice had been given and marked the document(s) as Exhibit #1 for the Town of Gulf Stream. The violation described in Exhibit #1 is that fences at 930 and 940 Orchid Lane were constructed without first obtaining building permits in violation of Ordinance 009 /9 amending Gulf Stream Code Sections 42.62 thru 42.28 adopting the Delray Beach related codes and the State of Florida Building Code Section 104 by reference. Mr. Thrasher presented a copy of the Notice of Violation dated May 27, 2009 informing the owner that a violation of not obtaining a permit for the installation of a fence had occurred, with referenced Codes regarding the violation attached. The Special Magistrate accepted the Notice of Violation with attachments as a composite of Exhibit #2 for the Town of Gulf Stream. A copy of a printout from the Palm Beach County Property Appraiser's website indicating the owner of 940 Orchid Lane and 930 Orchid Lane as Melanie Bazarte. The Special Magistrate accepted the Property Appraiser's printout as Exhibit #3 for the Town of Gulf Stream. Three (3) pages of ten (10) photos of the fence installed without a permit dated May 19, 2009 and May 22, 2009 taken by Code Enforcement Officer David S. Ginsberg were presented. When asked by Special Magistrate Donlon if the photos were taken in the usual course and scope of Officer Ginsberg's duties, Mr. Thrasher said yes. The first photo was marked out by Mr. Thrasher. The Special Magistrate accepted the photos, with the exception of the marked out photo, as Exhibit #4 for the Town of Gulf Stream. A return receipt dated March 25, 2011 signed by Melanie Bazarte at 8:35 P.M. for the delivery of Article #144, Statement of Violation and Notice of Hearing, hand delivered by an Officer. The Special Magistrate accepted the return receipt of delivery of Notice as Exhibit #5 for the Town of Gulf Stream. A Statement of Violation and Notice of Hearing with Ordinances of Reference and legal descriptions for 930 and 940 Orchid Lane attached, delivered to Ms. Bazarte on March 25, 2011. The Special Magistrate accepted the document(s) as a composite of Exhibit #6 for the Town of Gulf Stream. The violation is described in Exhibit #6 referencing violation of Code Ordinance 009 /9 amending G.S. Code Sections 42.46 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. Exhibit #6 indicates the fences were constructed at both addresses without obtaining permits, the date of first inspection was May 19, 2009, the date owner was first notified was May 27, 2009, and the date on and by which violations were to be corrected was given as April 15, 2011. Notice and time of Hearing was provided and the Ordinances of Reference were attached. Code Violation Hearing May 4, 2011 Page 2 Delray Beach Fence Permit Applications with a photo of an existing fence attached to each application for both 930 and 940 Orchid Lane, and a Survey and Owner - Builder Affidavit for each property were presented. Mr. Thrasher stated that a fence permit was applied for upon receipt of the Notice. The Special Magistrate accepted the permit package as Exhibit #7 for the Town of Gulf Stream. A letter addressed to Ms. Bazarte dated April 12, 2011, with a copy of Gulf Stream Code Section 70 -187 attached were presented. Mr. Thrasher read the letter aloud to the Record, stating it was signed by him. He said following receipt and review of the Permit Applications with attachments, it was determined that the proposed installation of fences did not comply with the sections of the Code referenced earlier. The Special Magistrate accepted the April 12, 2011 letter with attached Code references as Exhibit #8 for the Town of Gulf Stream. When asked by the Special Magistrate, in terms of Code Section 70 -187 which refers to certain sections of the Town of Gulf Stream, if he was looking at Place Au Soleil for the provision of fences over 4 feet, Town Manager Thrasher replied that he was. When asked by the Special Magistrate if the properties at 930 and 940 Orchid Lane fall within that District, Mr. Thrasher replied that they do. In closing, Town Manager Thrasher said he believes the Town provided proper notice and that the current fence was installed without a permit, violating sections of the Code as previously stated, and will ask for a remedy to this situation. Special Magistrate Donlon then asked Melanie Bazarte to testify. Ms. Bazarte said she called Town Hall to inform them she would be installing a replacement fence and asked what was required. She said she was informed of materials that could not be used, but that a Shadow Box fence was okay. Ms. Bazarte said these were 6 -foot fences for privacy with landscaping around them and she had no idea they had to be kept at 4 feet. She said she had conversations with both Rita Taylor and Mr. Thrasher concerning the matter and she did receive the Notices, but this was a repair and replace situation, not new construction and said there were and are several existing 6 -foot Shadow Box fences in Place Au Soleil. When asked by the Special Magistrate when the existing 6 -foot fence was installed, Ms. Bazarte replied, in May of 2009. When asked by the Special Magistrate what type of fence was there previously and when was it installed, Ms. Bazarte replied, a 6 -foot Shadow Box fence was installed in the 80's. Special Magistrate said in order to come into compliance Ms. Bazarte will need a permit for the fence and to get a permit after the fact the fence will have to comply with Code. When asked by the Special Magistrate how long it would take her to comply if she had a permit issued, Ms. Bazarte replied, maybe two or three weeks. Special Magistrate Donlon asked Ms. Bazarte if she had photographs or documents demonstrate the previous fence existing prior to 2009 and Ms. Bazarte replied, she did not, but if she knew the requirements concerning pennitting and fence height, she would not have installed the fence. Special Magistrate Donlon administered the Oath to Town Manager Thrasher, Town Clerk Taylor and Mr. Sean Ronan, Ms. Bazarte's nephew. Mr. Ronan said, for aesthetic purposes, he installed the 6 -foot fence rather than a 4 -foot fence for privacy and screening of certain equipment from the street. He said the 6 -foot fence was extended across the driveway to the other property (930 Orchid Lane) to make it larger. Mr. Thrasher said the fence is attractive, but does not meet Code, and removal and replacement of such items requires a permit. He said intention of the Town is to obtain compliance in the kindest way possible and, although it was stated that Code was not referenced in the Notices, he believes it was. Mr. Thrasher asked Town Clerk Rita Taylor to speak about the conversations with Ms. Bazarte. Code Violation Hearing May 4, 2011 Page 3 Town Clerk Rita Taylor said Ms. Bazarte called the Town and asked what the maximum height of a privacy fence between properties would be. Clerk Taylor said her interpretation of a privacy fence would be a fence along the side property lines and, in which case a 6 -foot high fence is allowed. She said the fence was installed along the front of the property and between the two properties, not dividing them. Clerk Taylor stated that at the end of the phone conversation she did advise Ms. Ban a that a building permit would be required, and it was the last conversation the Town had with Ms. Bazarte until they were advised the fence was up. Ms. Bazarte said she feels the Town uses selective enforcement and that there are several vinyl fences and 6 -foot fences in her neighborhood that could have been grandfathered in, but maybe not. She said she cannot remember anything mentioned about a permit or it would have been permitted at the time, but she understands now and is agreeable to it. When asked by the Special Magistrate what was being recommended in this case, Town Manager Thrasher replied that the Town is requesting the fence running parallel to the face of the property be removed entirely, or shortened to the allowable height, and if it remains a wood fence it must be entirely screened by shrubbery to the 4 -foot height. The Town also suggests that this be completed within ten (10) working days, a corrected permit application for both properties be submitted and, subsequent to the 10 working days, requests a fine accrue on a daily basis of $25.00. When asked by the Special Magistrate if the Town is seeking the recovery of Administrative Costs, Town Manager Thrasher replied that, at the direction of the Town Commission, they would be seeking recovery of Administrative Costs in the amount of $150.00. FINDINGS: Special Magistrate Donlon found there was proper notice and there is a violation on the property. She stated that the Town has requested 10 days for full compliance, but because the Respondent may not have been clear on some of the requirements, she will allow the Respondent 21 days for full compliance. Failure to do so could result in a fine of up to $250.00 per day. The Special Magistrate said the Town has requested a fine of $25.00 per day which she will take into consideration at a Fine Assessment Hearing in the future if the Respondent does not comply, but stated that under Statute the fine could be up to $250.00 per day. The Special Magistrate awarded the Town recovery of Administrative Costs of $150.00, payable within ten (10) days and will coordinate with the Town to schedule a Fine Assessment Hearing to occur after the compliance date. The hearing date will be set in the Order received by mail. This concluded the hearing of Case No. CE 1 -11 and the Special Magistrate adjourned the hearing at approximately 10:45 A.M. Rita L. Taylor, Town e c COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 6. DEVITT 111 CHRIS 0. WHEELER MURIEL J. ANDERSON May 6, 2011 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Melanie Bazarte 940 Orchid Lane Hand Delivered Gulf Stream, Florida 33483 Article #149 Dear Ms. Bazarte: Telephone (561) 276 -5116 Fax (561) 737 -0166 Town Manager WILUJAM H.THRASHER Town Clerk RITA LTAYLOR We are enclosing an Affidavit of Non - Compliance covering a Code Violation at the above address and at 930 Orchid Lane, cited under Case #CE -1 -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 properties, on or before May 27, 2011. She further ordered that a Fine Assessment Hearing would be held 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, �. ,�° �, _ Rita L. Taylor Town Clerk 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 ON- COMPLIANCE (circle one) CASE NO. CE 1 -11 DATE: May 6,2011 LOCATION OF VIOLATION: Melanie Bazarte 930 & 940 Orch]Ld Iane Gulf Stream, I, William F. Thrasher , have personally examined the property described above and (Town Official/Inspector) State Code 104 Find that said property is NOT (NOW) in compliance with Section(42.26 -42.28 of the Code of the Town of Gulf am as of the 6th day of MaY _,2011 Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 6th day of May . 20 11 by William H. Thrasher Town OfficiaUInspector, who is personally known to me or who has produced a Florida driver's license as identification who did /did not take an oath. o (SEAL) ( ) y ,* EXPIRES: �1 4 NOTARY PUBLIC '3ana�' k*1Th & *0N4gsswm State of Florida CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, V. MELANIE BAZARTE, Respondent. Case No. CE 1 -11 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: 930 ORCHID LANE Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LOT 80 Address: 940 ORCHID LANE Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LOT 81 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 4`s 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, MELANIE BAZARTE, was present at the hearing, and there was a finding of proper notice. 2. The Town Manager, William Thrasher, and the Town Clerk, Rita Taylor, testified to and introduced photographs of the violation. 3. Sean Ronan, the nephew of the Respondent also testified at the hearing. CONCLUSIONS OF LAW Respondent is in 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 Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that Respondent, MELANIE BAZARTE, 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`s day of May, 2011. If Respondent does 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. Respondent shall be assessed one - hundred -fifty - dollars ($150.00) for administrative costs to be paid in full by the 16a' day of May, 2011 A Fine Assessment Hearing will be held before the Special Magistrate on the 8h 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 0 day of May, 2011. TOWN OF GULF STREAM CODE ENFORCEMENT BY: Special Magistrate Cl) > ®k G m \ ° § _( f -n M / G(\ e m \� )kk§\! >MO a 9 -§ »z \ �\ } M) § k k �` \�� \ \/ \J )(r\ - w0 \k ( ) ) § \§ z 2ns § o ``� r °° m §z § m @� \() n / k k ,m �� \) ) j W „ o B 2 ®� e ° \) )® / ( co k {o Q/ _, _ ¢, Oln, m ; (q < \ _ _ _)k _g ; ) ( (§2 ))) /4 §£ ! $ ; >q; > / /( § § § Ro` 8k§\ k §¢ § 0 ` �g� \ j%\ 2/z E § ® K § § ® ` > \ \}� ; S k$` Q m \ j {0 0 j §/ M ( it all-) § ; 3 &§ [F _ - 9 _® m - m m ; 202E e$ - <k�3 n0 ) °!2; \I)m m ` m 2\ /\ 32 jm=z =0 gy 3m(m a8£/ Mmo> _ } ] )> /q o n mG / §& 0 \K 2/§cn ]�§ - mom �; )§§ ,z 2 2/! 2 �Km ❑s§) § `)m `\) X j] Article addressed to: Melanie Bazarte Drchid T71114,7,t"l- Signature`/Aaddres --j", see) or Agent S ig nature Article No. 149 Date Delivered � L/ �7oo�Y�s- / /-a 8/9 HAND DELIVER ARTICLE 4146 CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, MAY 4, 2011 AT 10:00 A.M. IN'THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Case No. CE 1 -11: Melanie Bazarte, 940 Orchid Lane: Constructed fences at 930 and 940 Orchid Lane without J first obtaining building permits in 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 by reference. III. Case No. CE 2 -11: Edward & Joyce Slominski, 920 Indigo Point: Constructed fences at this address without first obtaining a building permit in violation of Ordinance 009/9 amending Gulf Stream Code Sections 42.26 thru 42.28 adopting the Delray Beac1lrelated codes and the State of Florida Building Code Section 104 by reference. 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 ° $ ®! Gm \duo(§ mt /22 § § I Q - �, ` e m /\ §|)k /� k cn m ; \/\ \ j m k z� \B�\\\ @ -4 ) m jkm0 �0 §� �_- n�- § 22 ° / §� \ ) &° §j\ \ ; k }k / ) m \t3 § 2 2 §)} Om- j ; ° g22 ! co , \ 0= e o Em )� § 0! # m \g - m c� m/ * (§ .K w z ; 2G - -)k _§ ) /) d ° ` ; Q § E2§ ;c» |))/ > / \ k§ eo° 82 §§ / f f § j� ` �\� /m\ m / . k m E § ; \ \\ k f m2m �m j m m J S j o , M> Q/ o oll k �§ (3 _ /( ») m m a z z cn - 22 �§ ■ <> , - ;/,) 2EO2 2§ g § M�» 7�e= mR > e( \( ; >m §( § �)�0 /e! \ TK \ §gym \ )� \{ /k ` m 2 ❑2z @§ k - �6 oe=� \) § § §k� § /\) ! ®� ee•�r �@\ /a § § ` \) j § RETURN RECEIPT Arti,zle aiddressed to: Melanie B arte 940 Orchid Lane 4*aar am, FL 33483 Si essee) or Agent Signature 11-0 :76 �Z Article No. Date Delivered COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED R. DEVITT III CHRIS 0. WHEELER MURIEL J. ANDERSON May 27, 2009 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Melanie Bazarte 940 Orchid Lane Gulf Stream, Florida 33483 Dear Ms. Bazarte: Telephone (561) 276 -5116 Fox (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA L. TAYLOR It has come to our attention that a new fence has recently been installed at 930 and 940 Orchid Lane without first having obtained a building permit. 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(s) within 30 days. If you have unified the title for these properties, please include proof of that action when making application. Failing 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 lyours, William H. Thrasher Town Manager Encl. 100 SETA ROAD, GULF STREAM, FLORIDA 33483 T. 7 § 2-42 GULF STREAM CODE ordinance; the town commission may ac- cept or reject such recommendations and may make appointments in the absence of such recommendations. (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. (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. AR'T'ICLE M. BOARDS AND DIVISION 1. GENERALLY Secs. 2- 66 -2 -65. Reserved. DIVISION 2. CODE ENFORCEMENT Sec. 2 -66. Title. (6) Prepare and submit the annual budget This division may be known and cited as the programs and capital ro to the town commis- Code Enforcement Ordinance of the town of Gulf P P gr Stream, Florida." sion. (Ord. No. 98 -3, § 1, 5- 14-98) (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. 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 " " " " " 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 c . 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 � 2 . 6 9 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 of any witness before the special master. The special master may call any witness deemed nec- essary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the spe- cial master shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- 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 " A D N I M T R A T I O N � 2 - 7 4 " " i s " 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 m i n i n 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 i r 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 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or post- ing as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 98 -3, § 1, 5- 14-98) Sec. 2 -76. Procedure to request that a fine or lien imposed pursuant to sec. tion 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine or lien has been imposed pursuant to section 2 -72 may apply to the special master, through the town attorney or his/her designee, for a satisfac- tion of the fine or lien with less than full payment thereof. No such application shall be considered by the special master until the applicant has first shown that: (1) All ad valorem property taxes, special assessments, town utility charges and other government- imposed liens against the sub- ject real property have been paid. (2) The applicant is not personally indebted to the town for any reason. (3) All town code violations have been cor- rected under necessary permits issued therefor. (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 " A D M I N I S T R A T I O N 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 i - 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 I \ 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 II. CONSTRUCTION STANDARDS Sec. 42 -26. Adoption of codes by reference. The town hereby adopts by reference the pro- visions of all building codes and building related codes in force and effect in the county as adopted or enacted by the state or the board of county 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) I£ 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 AIA. Not with- standing the foregoing, properties proposing ac- cess to State Road AIA shall first obtain a drive- way permit from the state department of transportation. (Ord. No. 00 -1, § 2, 3- 10 -00) 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 Palm Beach County Property Appraiser Property Search System Page 1 of 1 Property Information Location Address: 940 ORCHID LN V M Municipality: GULF STREAM Calculate Parcel Control Number: 20- 43- 46- 04 -22- 000 -0810 ,,Portabtldy Subdivision: PLACE AU SOLIEL TeX Notice Official Records Book: 02881 Page: 1339 Sale Date: Jan -1978 Reverse Side Legal. Description: PLACE AU SOLEIL LOT 81 Owner information Name: BAZARTE MELANIE Mailing Address: 940 ORCHID LN DELRAY BEACH FL 33483 6118 Sales Date V Book /Page Ian -1973 02208/0446 ]an -1972 01992/1082 Ian -1969 01705/0000 Price Sale Type $33,500 WARRANTY DEED $100,000 WARRANTY DEED $20,000 WARRANTY DEED Owner cxempcions Regular Homestead: $25,000 Year of Exemption: 2008 Additional Homestead: $25,000 Total: $50,000 Tax Year: Improvement Value: Land Value: Total Market Value: 2008 2007 2006 61 443 89 846 92 39 805 000 805 000 805,000 $866,4431 894 846 $897,394 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2008 1 2007 1 2006 $430,2221 417 702 $407,514 $50 ,000 zs 000 $2S,000 $380,2331 392 702 $382,514 Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 2006 6 39 6 450 6 799 156 126 122 $6,5501 6 576 $6,921 Tax Collector WebSite Property Information Number of Units: 1 *Total Square Feet: 4478 area. 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. hitp: / /www.co.palm- beach. fl. us / papa /aspx/webldetaii_info.aspx ?p_entity= 2043460422000... 5/27/2009 J - 3 Palm Beach County Property Appraiser Property Search System Page 1 of 1 r Property Information Location Address: 930 ORCHID LN Vial w hlan Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0800 Subdivision: PLACE AU SOLIEL Official Records Book: 12192 Page: 1338 Sale Date: Dec -2000 Legal Description: PLACE AU SOLEIL LT 80 Calculate Portability Reverse Side Owner Information Name: BAZARTE MELANIE All pwninS Mailing Address: 940 ORCHID LN DELRAY BEACH FL 33483 6118 Sales Date Book /Page Dec -2000 12192/1338 Nov -2000 12192/1336 Apr -1991 06851/1787 Price Sale Type Owner $200,000 WARRANTY DEED BAZARTE MELANIE $10 WARRANTY DEED EKLUND COY G $100 QUIT CLAIM CAempnons Exemption Information Unavailable. Tax Year: Improvement Value: Land Value: Total Market Value: 2008 2007 1 2006 $49,367 $70,S981 $73,484 718 750 $718,7501 $718,75 0 $768,117 $789,3481 92 234 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 1 2006 $768,11 789 348 $792,234 0 0 0 $768,117 $789,3481 $792,23 4 2008 200j___1 2006 $12,550 12 965 $14,08 156 126 122 $12,706 $13,0911 $14,204 Tax Collector WebSite Property Information Number of Units: 1 *Total Square Feet: 3610 area. F, aim I IIS 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... 5/27/2009 S `tt. `Y N °I L b ti G 4 e :c pc Q - :! \4 .v a Q V 4�, ) o X E <e< o om o<20�� k C ` �` �)0a- §M ( k m k x ~k ®ormm, m§ § 0 XIA /§ m§ 2 )� > aM0 � § /a m ` m ) k m� Gk §§(\ \ J ; �C \; 2 E ] ) / ( ] >z �¢ nz 0 ] > Q! 5 �Q (§ r (D / m 92 § . CD \ / �m 2 | )( [\ ; § §> . (7 o 0 0 0� Zv o ® zo m �§ k {c 20 �Z 7 § ` M< `( { � �\ X ° §)\ >§> z Q3; >0 Z -i L / § ; ;m@ -1y z §§ eo` eo` S ; o ; W�� k ) > §j§ ;/§ / 2`2 } 2X [ ; > > 7 = 0 \< '�` } ; «� o § § m (W\ �§ 0 m - �k\ / w m 2( m 22EO - ,§m0 \ 7 > -; /% )2 g m e? // e \§__ /�� / ,m > %> \ 2 �)�m )> ( 0 k // m 222-1 §0 - ou,Cn z ]22 § m -! 2]§ �zm /\/ m\mz m[0�C m m e : ;; RETURN RECEIPT Arti cle addxessed to: Article No. MfJ.anie Bazarte 144 9400rchid Lane Gulf Stream, FL 3 483 Sig ure ( ressee) or Date Delivered t`7Lt�(,s ?� Ag nt Signat r HAND DELIVERED Town of Gulf Stream Article #144 100 Sea Road Gulf Stream, FL 33483 Building Planning and Zoning Department CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASENO: CE 1 -11 Ph. (561) 276 -5116 Fax (561) 737 -0188 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. Location/Address where violation(s) exist(s) 930 and 940 Orchid Lane 2. Legal Description: Lot 80 and Lot 81 Place Au Soleil Subdivision 3. Name and address of owner /person in charge where violation(s) exist(s): Melanie Bazarte. 940 Orchid Lane, Gulf Stream, Florida 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 obtaining a buiidin permit prior to cotmiencina work.Fences were constructed at both of these addresses without obtaining building p6rmits. (SEE ATTACHED "EXHIBITS OF VIOLATION ") Date of First Inspection: May 19, 2009 6. Date owner first notified of violation(s): May 27, 2009 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 4, 2011 at 10:00 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 t,��'1.�T1� William H: Thrasher, Town Manager Town of Gulf Stream T & 9115-9LZ(199) £8b££'L3 `tmaAS3[nD pgog uaS 001 umasiS3ln03o umoJ, 31ja10 kmoj, 'IOIAEJ,' -I uir :XS A,IONIQ2I000V ,TIdSUnOA NdaAOJ SSVS'Id '(5010'98Z Sd) •pasuq aq of st Iuaddu gotgm uodn aOUaptna puu Auounisai sapnlOtn plooal gOtgm uodn 'opum st s8utpa000id oqi 3o ploaai uttiuglaA u iugi amsua of paau Cum Xagi 'asodind-gons IoJ puu `sBalpaaopid PIP JO ploaai u paau II^ Amp lutiaaut ioafgns iu paiaptsuoo sianum Auu of ioadsal gnm aiunsiSEW lu?OadS agi Aq aputu uoistoap Auu Iuoddu of saptoap uosiad u,g 'SSVO UnOA 2IgQISN00S2i 01 31V2IILSIOVW Tb'IOSdS SHJ, 2104 LSW SS ISfM ,LSanbg -I HOfIS 2103 SIN3WaU 696 'IIV 'SJ Sanba i HOPIS ANV 2103 YiVMUS j MD 30 NMOJ, SH.L 01 QS.L.LHHSRS SS .LSflw SSd g.LVI2Id021ddV mu QNV NOI.LVOI'Iddd uu 'SNId NI NOI.L0fIQ52i u isonbai of gstm no,( puu oouutldmoo m moo st pug aug ut sum asuo moA Jt io uosuoi Auu io; asuo moA dgQTSN00S2i aisiistguW putoadS alp anug of gstm noA3I •poiaiva st mpio s,aiuiisig W IgtoadS agi Iagu SAVQ 0£ u?gl ?m A LNf100 HOVSS W Ib d d0 .L2IfI0O . 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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 Nmrpmhpr 2009. 2 ComrMWoner AL� Comm' i ner Commissioner ATTEST: �Q Cie k P9O0051131471 OOO 11OOC\161(6695AOC BUILDINGS AND BUILDING REGULATIONS § 42-27 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) Ifthere 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 l 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. Ih 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 timefrsme 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 sad 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 ALA. 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 ORDINANCENO, 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 he 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 an 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 he 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 coats may be Included in the Ilan 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 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 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 A. 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 C erk Commisi Commissioner 2 -' r •. § 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 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. 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: 8upp. No. 1 CD2:4 (1) Chapter 6, Animals; ADMINISTRATION (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 § 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, Supp. No. 1 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 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 shell 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 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 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 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 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 alien 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 ADMDUSTRAUON 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 W. 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) CITY BF BEIRRY BER(H 100 NW 1" Avenue Delray Beach FL 33444 (561) 243 -7200 Fax: (561) 243 -7221 Website: mvde/ravbeach.com FENCE PERMIT APPLICATION PROPERTY CONTROL #:020 - -_- o j� - ZZ - 000. 0800 PLEASE PRINT JOBSITEADDRESS 93D /�ltc��� ,(f/,Ye, (,u /'r, -kt�A/ F�• 3��83 PROPERTY OWNER NAME HOME PHONE (S6/ CELL %/ /' , 7 PROPERTY OWNER ADDRESS Sgme CONTRACTOR (COMPANY) NAME /STONE CONTRACTOR (COMPANY) ADDRESS CITY ST — ZIP --- BUS. PHONE I — CELL — FAX E -MAIL FOR OFFICE USE ONLY: BLDG PERMIT #: FENCE PERMIT #: PERMIT FEE: PLAN CHECK FEE: MCR #: APPROVALS: PLAN: DATE: LAND: DATE: P & Z: DATE: FIRE: 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. PROJECT COST (LABOR AND MATERIAL): $ 43S, 00 RESIDENTIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEYAND MAY REQUIRE ADDITIONAL LANDSCAPING. COMMERCIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEYAND APPROVED LANDSCAPE PLAN. DESRIPTION OF WORK: RESIDENTIAL i/ COMMERCIAL NEW: REPLACEMENT: POOL BARRIER? YES NO ✓ TYPE (WOOD, CHAIN LINK, ETC) &2 OOd IF CHAIN LINK, IS IT VINYL COATED? STYLE (SHADOWBOX, BOARD ON BOARD, ETC.) _r�S AO�OLJL3d� HEIGHT 6 /C7 • LENGTH 6 F¢• f0fg L SIGNATURE OF QUALIFIER CONTR. REGISTRATION # STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of .20 by Signature of Notary OR WORKERS COMP # EXEMPT (FID /FEIN) # Personally Known OR Produced Identification _ Type of Identification Produced (SEAL) Rvsd 3/10 i - `I I. CITY OF OELRAY BEACH opla 100 NW 1" Avenue Delray Beach FL 33444 (561) 243 -7200 Fax: (561) 243 -7221 Website: mvde1ravbeach.cpm FENCE PERMIT APPLICATION PROPERTY CONTROL #:,10 _ -'13 . Vlo _ OV _ 22 . ooD_ 08/0 PLEASE PRINT p IOBSITE ADDRESS 9`O deco/ ,�ANe /�s_'u /�Pf/,.,�- a�F[•335j PROPERTY OWNER NAME_ I)PeIAN /P_ ,�ji'ZfJ,QTG HOME PHONE (Sb /) of %P% S46 Z7- , CELL PROPERTY OWNER ADDRESS ZZIa e ' CONTRACTOR (COMPANY) NAME 640/✓C CONTRACTOR (COMPANY) ADDRESS CITY — ST ZIP BUS. PHONE I ) — FAX — E -MAIL — CELL — FOR OFFICE USE ONLY: BLDG PERMIT #: FENCE PERMIT #: PERMIT FEE: PLAN CHECK FEE: MCR #: •+ rtrtrtrtrtwrtrtrtrtrtrtrtwrtrtrtrtrtwrtrtrtrtrtrtwrtrtrtrtwrtw APPROVALS: PLAN: DATE: LAND: DATE: P & Z: DATE: FIRE: 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. PROJECT COST (LABOR AND MATERIAL): $ �pLD QO RESIDENTIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEY AND MAY REQUIRE ADDITIONAL LANDSCAPING. COMMERCIAL FENCING WILL REQUIRE TWO COPIES OF PROPERTY SURVEY AND APPROVED LANDSCAPE PLAN. DESRIPTION OF WORK: RESIDENTIAL ✓ COMMERCIAL NEW: ✓ REPLACEMENT: POOL BARRIER? YES NO ✓ TYPE (WOOD, CHAIN LINK, ETC) GJDO d IF CHAIN LINK, IS IT VINYL COATED? STYLE (SHADOWBOX, BOARD ON BOARD, ETC.) /fA0/pa�,/�ibX HEIGHT b / LENGTH S fi�C f OR SIGNATURE OF QUALIFIER CONTR. REGISTRATION # WORKERS COMP # EXEMPT (FID /FEIN) # STATE OF COUNTY OF Personally Known The foregoing instrument was acknowledged before me this _ day OR Produced Identification _ of , 20_ by Type of Identification Produced Signature of Notary Public (SEAL) Rvsd 3/10 t t 7s 92' �Fp. h sa y ol I if -5,xz0 G�/Y 11111111 ��7 �- 1' i'p` 1 STY. C.6..5. � , . N SO: 'VC- DECK ; I �j 3B.4cS' , .91171 Gh iV'OTE �j 0 I HEREBY CERTIFY that the plat shown hereon is a true and correct representation of a survey made under muy direction and that said survey is accurate to the best of my knowledge and belief, and, unless otherwise shown, there are no visible encroachments. Not valid without I an embossed seal. MU OF: <:.o T 8o of PALM BEACH COLMY, FLORIDA R3giateredand�- Date: /2 9;'70 scale: / „3C `Plat Book :Zf Pa sw e;tcr ., RICHARD L. SHEPHARD 6 Associates, Inc. FlUcidp tertilirate LAND SURVEYORS NOS- BOYNTON BEACH, FLORIDA RleI' r 6 0� ' F. Hk. �o Drvy. Xo. 0H.P,%V REACH NFMriIcaClq EIT4 OF OELRR4 BEREN 1' I 1 (561) 243 -7200 Fax: (561) 243 -7221 OWNER — BUILDER AFFIDAVIT Owner: WIAAlIE Nzdk'rE Permit #: (Please Print) I hereby apply for a Building Permit in the City of Delray Beach Florida and will personally supervise and control the permitted construction and will observe all of the requirements of the Building, Electrical, Plumbing, Mechanical, Zoning and other technical codes as adopted and enforced by the City of Delray Beach, Florida. WHEN ISSUED, I UNDERSTAND THAT THIS PERMIT IS FOR CONSTRUCTION OF IMPROVEMENTS EXEMPT UNDER 489.103(7) OF THE FLORIDA STATUTES, AND CERTIFY THAT I AM THE BONA FIDE OWNER OF SAID PROPERTY. I ALSO UNDERSTAND THAT: State law requires construction to be done by licensed contractors. I have applied for a permit under an exemption to that law. The exemption allows me, as the owner of the property, to act as my own contractor even though I do not have a license. I must supervise the construction myself. I may build or improve a one - family or two family residence or a farm outbuilding. The building must be for my own use and occupancy. It may not be built for sale or lease. If I sell or lease more than one building I have built myself within one (1) year after the construction is complete, the law will presume that I built it for sale or lease, which is a violation of this exemption. I may not hire an unlicensed person as my contractor. My construction must be done according to building codes and zoning regulations. It is my responsibility to make sure that people employed by me have licenses as required by state law and by county or municipal licensing ordinances. I certify that I have not completed a residence or duplex under an owner —builder permit within the past twelve (12) months. I am responsible for all work done by my employees and that proper provision has been made to carry the necessary workers compensation, public liability and property damage insurance, withholding of social security, federal income taxes and payments of federal and state unemployment compensation taxes, as required by law. I, THE OWNER OF THE PROPERTY DESCRIBED AS (address) y$d ok7 f LQ LiN E KA Do hereby certify that I have read the foregoing, and am aware of my responsibi (ties, and liabilities for construction work on the above described property and do hereby covenant and agree to abide by all of the aforesaid stipulations. I further understand that any falsification of the above statements constitutes fraud and may result in cancellation of this permit and the imposition of other penalties as prescribed by law. Owner: �i _ i &A Date: 3 (Ple# Sign) STATE OF FLORIDA COU$TY OF PALM BEACH The foregoing instrumeiA was acknowledged before me this day of //( ZG By /N t R ; £A 2 2 ► TC who i rsona y known me or who has produced # (type of ID) P41RY V( (Signature of Notary) "�oFna February 100 NW I" Avenue, Delray Beach, FL. 33444 DELPAY REACH byllbyl MY OF OE RY 8EA[H © 1 i �j 1 (561) 243 -7200 Fax: (561) 243 -7221 ! I OWNER — BUILDER AFFIDAVIT Owner:jeL ift l E SA2ARTE Permit #: (Please Print) I hereby apply for a Building Permit in the City of Delray Beach Florida and will personally supervise and control the permitted construction and will observe all of the requirements of the Building, Electrical, Plumbing, Mechanical, Zoning and other technical codes as adopted and enforced by the City of Delray Beach, Florida. WHEN ISSUED, I UNDERSTAND THAT THIS PERMIT IS FOR CONSTRUCTION OF IMPROVEMENTS EXEMPT UNDER 489.103(7) OF THE FLORIDA STATUTES, AND CERTIFY THAT I AM THE BONA FIDE OWNER OF SAID PROPERTY. I ALSO UNDERSTAND THAT: State law requires construction to be done by licensed contractors. I have applied for a permit under an exemption to that law. The exemption allows me, as the owner of the property, to act as my own contractor even though I do not have a license. I must supervise the construction myself. I may build or improve a one - family or two family residence or a farm outbuilding. The building must be for my own use and occupancy. It may not be built for sale or lease. If I sell or lease more than one building I have built myself within one (1) year after the construction is complete, the law will presume that I built it for sale or lease, which is a violation of this exemption. I may not hire an unlicensed person as my contractor. My construction must be done according to building codes and zoning regulations. It is my responsibility to make sure that people employed by me have licenses as required by state law and by county or municipal licensing ordinances. I certify that I have not completed a residence or duplex under an owner— builder permit within the past twelve (12) months. I am responsible for all work done by my employees and that proper provision has been made to carry the necessary workers compensation, public liability and property damage insurance, withholding of social security, federal income taxes and payments of federal and state unemployment compensation taxes, as required by law. I, THE OWNER OF THE PROPERTY DESCRIBED AS (address) 9t a0fi /n Ldgewf FZ Do hereby certify that I have read the foregoing, and am aware of my responsibilities, and liabilities for construction work on the above described property and do hereby covenant and agree to abide by all of the aforesaid stipulations. I fiuther understand that any falsification of the above statements constitutes fraud and may result in cancellation of this permit and the imposition of other penalties as prescribed by law. Owner: . r Date: 3- 31 —11 (Ple a lgn) STATE OF FLORIDA C014TY OF PALM BEACH The foregoing instrument was acknowledged before me this 3L�r day of 1 Zd� By Ade-IA H , to A6 B 2 b- (C who i rsona y o me or who has produced # (type of ID) —q +pR•F'P` RITAL TAYLOR tiib / Ce ¢1 r�7i , MY COMMISSION / DD 849851 (Signature of Notary) a EXPIRES: February 21, 2014 Z''orne BdMM Thm BoWN wy smkn 100 N I' Avenue, De(rg1, Beach, FL. 33444 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. NOCH, JR. Mayor JOAN N. ORTHWEIN, Vice Mayor FRED 0. OEVITT III CHRIS 0. WHEELER MURIEL J. ANDERSON April 12, 2011 Melanie Bazarte 940 Orchid Lane Gulf Stream, Florida 33483 Dear Ms. Bazarte: Telephone (561)276 -5116 Fax (551) 737 -0168 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR We have reviewed your applications for building permits for the shadowbox fences that have been installed at 930 and 940 Orchid Lane. These fences, as constructed, do not conform to the provisions in Section 70 -187 6. of the Gulf Stream Code of Ordinances in two areas: 1) All fences, with the exception of aluminum rail fencing, shall be screened from view from any public or private roadway by landscaping. 2) Fences over 4 feet are prohibited. Copies of this section of the Code with the areas of concern highlighted are enclosed. After you have had an opportunity to review this information, please contact our office for details and /or questions regarding these matters. Very truly yours / �cX�a�rr� 1� . //ueti%r`�'�� William H. Thrasher Town Manager Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Section 70 -187. Table of district standards 6. FENCES (applicable to all fences located between the street and minor accessory setback line and for all fences visible from public and private roadways. The measurement of all fences referenced herein shall be from the lowest erade adjacent to the fence wall- None 3atenatttenf lateaninesst Accent only None North/South Low ee- eeneealed of eB%eealed Correspond Low wall /fence by -pleaF by plant to walUfence F combination t isterial atater3al architecture combination €teat view €rem-aay pablie of private Feadway by Lew Correspond Correspond Not to Lew welh%edge to to exceed more wewhedge ea atian architecture architecture than 75%of eembieatiea Consistent Correspond wood frontage Correspond with to Intermittent to architectural architecture or concealed architecture st le Simple, uncluttered, traditional forms Discouraged Use as Entry or perimeter accent wall wall Excessive ornamentation Walls over mcl Walls and ding reveals, decorative tile, bandin , etc. Prohibited Walls and Walls and Walls over feet entry piers entry piers entry piers feet Perimeter over 6 feet over 8 feet over 6 feet Perimeter walls measured measured measured walls Entry piers from the from the from the Entry piers over 5 feet lowest grade lowest grade lowest grade over 5 feet adjacent to adjacent to adjacent to the wall the wall the wall Walls less than 19 P-M 1 from AIA r.o.w. line Unfinished concrete block (painted block is not considered "finished ") Open bond "web" Solid continuous exposed walls Walls closer than 7.5 feet to the edge of street pavement Walls on the rights-of-way or in visibility triangles Section 70 -187. Table of district standards 6. FENCES (applicable to all fences located between the street and minor accessory setback line and for all fences visible from public and private roadways. The measurement of all fences referenced herein shall be from the lowest erade adjacent to the fence wall- Zoning Districts Gulf Stream Ocean West Beachfront North/South Place au Core Soled Required $eaees -etas[ b&dereeAed iiettrAsw Fenees must basereaned f;ezgAIA by laadseaping €teat view €rem-aay pablie of private Feadway by All fences, with the exception of aluminum rail fencing, shall be screened from view from any Public or Private roadway by landscaping. Pools: 4 feet minimum Fences must be finished on both sides or screened Consistent with architectural at le of house Preferred Low -open Lo open Consistent Consistent None, wood wood. with with Low -open Intermittent architectural architectural wood or concealed style st le 7. WALLS AND FENCES: ALONG SIDE AND REAR PROPERTY LINES AND LOCATIONS NOT VISIBLE FROM STREET (Outside of front setback area. The measurements of all walls and fences referenced herein shall be from the lowest grade adiacent to the wall or fence.) Zoning Districts by plant Gulf Stream Intermittant Beachfront North/South Place au material Core or concealed I Soleil Required Pools — 4 feet minimum by plant Walls must be finished on both sides Fences must be two -sided or screened. Preferred Consistent with architectural style material Walls or Discouraged n" , ^, plastic P;'G, plesNs PVC, plastie Anyl PVG, plastic D1...... 8F V4154 Solid (for Of vinyl of ervia54 Solid (for er�iaYl Fronting example, 6 feet. 6 feet. example, property stockade or Any wall or fence over 8 feet, as measured from the lowest grade adjacent stockade or Solid (for shadowbox) and waters connected to he Intracoastal Waterway or the 1978 CCCL. shadowbox) example, Unpainted stockade or shadowbox) Unpainted Prohibited Over 4 feet Over 6 feet i Over 8 feet i Over 6 feet Over 4 feet PVC, plastic or vinyl Chainlink (unless concealed by plant material) Fences closer than 7.5 feet to the edge of street pavement Fences on rights-of-way or in visibility triangle 7. WALLS AND FENCES: ALONG SIDE AND REAR PROPERTY LINES AND LOCATIONS NOT VISIBLE FROM STREET (Outside of front setback area. The measurements of all walls and fences referenced herein shall be from the lowest grade adiacent to the wall or fence.) Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 71, Gulf Stream Design Manual for RM West and RM East Multiple- Family Residential Districts, Section 71 -4, Site Development Regulations, to read as follows: Sec. 71 -4. Site Development Regulations. Below is a listing of required site development regulations for multiple - family and single - family dwellings with the two multiple - family districts. Single family homes are encouraged within these districts as the incentives for such development have been identified in the table below. MF - East District MF - West District MF SF MF SF Max. Bldg Height 40' 140'- 135' Sec 70 -100 Zoning Districts Gulf Stream Ocean West Beachfront North/South Place au Core I I Soleil Required Pools — 4 feet minimum Walls must be finished on both sides Fences must be two -sided or screened. Preferred Consistent with architectural style Discouraged Walls or Walls or Walls or fences over fences over fences over 6 feet. 6 feet. 6 feet. Prohibited PVC, plastic or vinyl Chainlink (unless concealed by plant material) Any wall or fence over 8 feet, as measured from the lowest grade adjacent to the wall or fence. Walls and fences over 4 feet located between minor accessory setback line and waters connected to he Intracoastal Waterway or the 1978 CCCL. Solid continuous exposed walls. Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 71, Gulf Stream Design Manual for RM West and RM East Multiple- Family Residential Districts, Section 71 -4, Site Development Regulations, to read as follows: Sec. 71 -4. Site Development Regulations. Below is a listing of required site development regulations for multiple - family and single - family dwellings with the two multiple - family districts. Single family homes are encouraged within these districts as the incentives for such development have been identified in the table below. MF - East District MF - West District MF SF MF SF Max. Bldg Height 40' 140'- 135' Sec 70 -100 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 8. OEV17T III CHRIS D. WHEELER MORIEL J. ANDERSON April 12, 2011 Melanie Bazarte 940 Orchid Lane Gulf Stream, Florida 33483 Dear Ms. Bazarte: Telephone (561) 276.5116 Fax (561) 737 -0168 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR We have reviewed your applications for building permits for the shadowbox fences that have been installed at 930 and 940 Orchid Lane. These fences, as constructed, do not conform to the provisions in Section 70 -187 6. of the Gulf Stream Code of Ordinances in two areas: 1) All fences, with the exception of aluminum rail fencing, shall be screened from view from any public or private roadway by landscaping. 2) Fences over 4 feet are prohibited. Copies of this section of the Code with the areas of concern highlighted are enclosed. After you have had an opportunity to review this information, please contact our office for details and /or questions regarding these matters. Very truly yours, / William H. Thrasher Town Manager Encl. 100 SEA f:0A0, GULF STREAM, FLORIDA 33483 Section 70 -157. Table of district standards 6. FENCES (applicable to all fences located between the street and minor accessory setback line and for all fences visible from nublic and Private roadways. The measurement of all fences referenced herein shall be from the lowest made adiarrnt to the fen, .-._11 Zoning Districts Gulf Stream Ocean West Beachfront North/South Place au Core Soleil Required Fences z#tst besereened €tem-ivew Esau Mast besereeaed ffem by iandseapinB €iem *iety &sm an y pablie er P&aw roadway bY All fences- with the exception of aluminum rail fencine shall be screened from view from any public or private roadway by landscaping. Pools: 4 feet minimum Fences must be finished on both sides or screened Consistent with architectural style of house Preferred Low -open Law -open Consistent Consistent None, wood wood. with with Low -open Intermittent architectural architectural wood or concealed st le style 7. WALLS AND FENCES: ALONG SIDE AND REAR PROPERTY LINES AND LOCATIONS NOT VISIBLE FROM STREET (Outside of front setback area. The measurements of all walls and fences referenced herein shall be from the lowest grade adiacent to the wall or fence.) Zoning Districts by plant Gulf Stream Intermittant Beachfront North/South Place au material I or concealed I Soleil Required Pools - 4 feet minimum Walls must be finished on both sides by plant Fences must be two -sided or screened. Preferred Consistent with architectural style Discouraged Walls or material Discouraged � D�O^ plffitiS PNFG, J318566 ArG, J318968 n "fie fences over er -vinyl Solid (for erviayl er-Ntit15l er N4154 Solid (for et -vinyl Fronting 6 feet. example, Prohibited PVC, plastic or vinyl example, property stockade or to the wall or fence. stockade or Solid (for shadowbox) Solid continuous exposed walls. shadowbox) example, Unpainted stockade or shadowbox) Unpainted Prohibited Over 4 feet Over 6 fee[ i Over 8 feet i Over 6 feet Over 4 feet PVC, plastic or vinyl Chainlink (unless concealed by plant material) Fences closer than 7.5 feet to the edge of street pavement Fences on rights-of-way or in visibility triangle 7. WALLS AND FENCES: ALONG SIDE AND REAR PROPERTY LINES AND LOCATIONS NOT VISIBLE FROM STREET (Outside of front setback area. The measurements of all walls and fences referenced herein shall be from the lowest grade adiacent to the wall or fence.) Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 71, Gulf Stream Design Manual for RM West and RM East Multiple - Family Residential Districts, Section 71 -4, Site Development Regulations, to read as follows: Sec. 71 -4. Site Development Regulations. Below is a listing of required site development regulations for multiple - family and single - family dwellings with the two multiple - family districts. Single family homes are encouraged within these districts as the incentives for such development have been identified in the table below. MF - East District I MF - West District MF SF MF SF Max. Bldg Height 40' 140'* 35' 1 Sec 70 -100 Zoning Districts Gulf Stream Ocean West Beachfront North/South Place au Core I I I I Soleil Required Pools - 4 feet minimum Walls must be finished on both sides Fences must be two -sided or screened. Preferred Consistent with architectural style Discouraged Walls or Walls or Walls or fences over fences over fences over 6 feet. 6 feet. 6 feet. Prohibited PVC, plastic or vinyl Chainlink (unless concealed by plant material) Any wall or fence over 8 feet, as measured from the lowest grade adjacent to the wall or fence. Walls and fences over 4 feet located between minor accessory setback line and waters connected to he Intracoastal Waterway or the 1978 CCCL. Solid continuous exposed walls. Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 71, Gulf Stream Design Manual for RM West and RM East Multiple - Family Residential Districts, Section 71 -4, Site Development Regulations, to read as follows: Sec. 71 -4. Site Development Regulations. Below is a listing of required site development regulations for multiple - family and single - family dwellings with the two multiple - family districts. Single family homes are encouraged within these districts as the incentives for such development have been identified in the table below. MF - East District I MF - West District MF SF MF SF Max. Bldg Height 40' 140'* 35' 1 Sec 70 -100 Y\ \fi v i CODE ENFORCEMENT HEARING SPECIAL MAGISTRATE OF THE MAY 4, 2011 AT 10:00 A.M. TOWN HALL, 100 SEA ROAD, I. Call to Order. TO BE HELD BY THE CODE ENFORCEMENT TOWN OF GULF STREAM ON WEDNESDAY, IN THE COMMISSION CHAMBERS OF THE GULF STREAM, FLORIDA. AGENDA II. Case No. CE 1 -11: Melanie Bazarte, 940 Orchid Lane: Constructed fences at 930 and 940 Orchid Lane without first obtaining building permits in 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 ('\U Florida Building Code Section 104 by reference. III. Case No. CE 2 -11: Edward & Joyce Slominski, 920 Indigo Point: Constructed fences at this address without first obtaining a building permit in violation of Ordinance 009/9 amending Gulf Stream Code Sections 42.26 thru 42.28 adopting the Delray Beaclj related codes and the State of Florida Building Code Section 104 by reference. 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 ° �w o� m v s4 mw wz w w M� �= H z wy zm z w z w z lO •.•I rz ¢�9 gw J 2 7 ®❑ = 2 N = S 2 N4 F U) IL W zp a a^ a a a r rd Q z n��w V) u)U)0 a� U `� C w c m m dp CO ❑ ❑❑ a a wx a ci g° U J a z a z O w ELL �0 Q kw =< �WUn our - OJ w U Q a W J w F> W O n� w }� 30 1- y y w z z U w W W F O r a w �� Y )wa wv z J 0 Ou w z Q w �0 a F - OCf LL 3z a0 y F- w' D p !HELL¢ ❑ ❑ ❑❑ 0 7 U) W n w z H N Zw W >- a =? a w ° m UO N �Z a X y° W ^ N W r f z = w U 7 w¢ Lj WU w� IL w Ir w. 7- Q ❑ an U n 1 W �U) = W w LL z � f O v O O O 2 O 0 LU 0w a. z J W O U > W N O LL fpi) QQ W w y V a �¢ 0 z # m w M NJ w w N N ❑ a M wU) 2 4y) LL z 7 u) N C ! ° w V 2 z W LL K w z z ¢ U O QQ 93 °c 0 0 °c °❑ m ? ¢ Z w y W a a a Q a N f w LL O LL' W Q� w W w w W QwQ R' i- Q 0 V U) ❑ z U) ❑ z ❑ 0 W S > LL N LLI m ; O U Y m N C ca C' M w y w W WU O Q K U > QQ y J m }az o o b4 wN c+7 ~ m U f ° w w 7 O 00 M ❑ O w O �+� N - n LL OVW C W ° =F-w 0¢O d E E 4� MW W = �- w Q O J p ?' Z LL W W Q)= Z r- ? 0 > a w 0 ° z� LL w U �C0 o a zW m w NU- W �C� o �w oz g a z m gip¢ d d j IJ-J z p wo ❑ a ¢Wf=- U) apU- rz m¢ a z a o w p paZa0 to ZW ❑_ �h ° ❑Z LL K ZJF `Q LL W W w fw" � w O w w �• En - N OU w O 20 ~ It w w J a' O 2W J U oM LL a � J = a z U w �a >0 w° O >�> ❑ 2 0 x ° z v s4 > U lO •.•I NA N4 F v r rd Q 0 -P M R7 M v Cl) N 4-)y� CroU U Rt ] H ro ro PCI cu cu w U �� 4 i w a z c7 N fn K W U LL �• 0 �C 0 N 34 7 4J ro q H rl a (� N V1 4J q tr COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS 0. WHEELER MURIEL J. ANDERSON May 27, 2009 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Melanie Bazarte 940 Orchid Lane Gulf Stream, Florida 33483 Dear Ms. Bazarte: Telephone (561) 276.5116 Fax (551) 737-a188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR It has come to our attention that a new fence has recently been installed at 930 and 940 Orchid Lane without first having obtained a building permit. 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(s) within 30 days. If you have unified the title for these properties, please include proof of that action when making application. Failing 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, William H. Thrasher Town Manager Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 o A § 2-42 GULF STREAM CODE ordinance; the town commission may ac- cept or reject such recommendations and may make appointments in the absence of such recommendations. (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. (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 I1I. BOARDS AND DIVISION 1. GENERALLY Secs. 2- 56 -2 -65. Reserved. DIVISION 2. CODE ENFORCEMENT Sec. 2 -66. Title. (6) Prepare and submit the annual budget This division may be known and cited as the and capital programs to the town commis- Code Enforcement Ordinance of the town of Gulf Stream, Florida." lion. (Ord. No. 98 -3, § 1, 5- 14-98) (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. 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 M N � 2 . 6 9 " " E " 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 c . 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 S 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 erist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repeti- tious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special master may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special master. The special master may call any witness deemed nec- essary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the spe- cial master shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- 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 " " " r 1 L I 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 m i n i n 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 � 2 - 7 4 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 i r 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 ofresidence 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 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or post- ing as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 98 -3, § 1, 5- 14-98) Sec. 2.76. Procedure to request that a fine or lien imposed pursuant to sec- tion 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine or lien has been imposed pursuant to section 2 -72 may apply to the special master, through the town attorney or his/her designee, for a satisfac- tion of the fine or lien with less than full payment thereof. No such application shall be considered by the special master until the applicant has Furst 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 " A D M I N I S T R A T I O N 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 i - 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 ) 0 " C D 2 : 9 � 2 - 7 8 '1 BUILDINGS AND BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 42 -1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others with respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95-4, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE II. CONSTRUCTION STANDARDS § 42 -27 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- lielied 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. Ill 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 AIA. Not with- standing the foregoing, properties proposing ac- cess to State Road AIA shall first obtain a drive- way permit from the state department of transportation. (Ord. No. 00 -1, § 2, 3- 10 -00) 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 Palm Beach County Property Appraiser Property Search System Page I of 1 Property Information Location Address: 940 ORCHID LN Municipality: GULF STREAM Calculate Parcel Control Number: 20- 43- 46- 04 -22- 000 -0810 Subdivision: PLACE AU SOLIEL Official Records Book: 02881 Page: 1339 Sale Date: Jan -1978 Reverse Side Legal Description_: PLACE AU SOLEIL LOT 81 Owner Information Name: BAZARTE MELANIE All Wn Mailing Address: 940 ORCHID LN DELRAY BEACH FL 33483 6118 Sales Date Book /Page 3an -1973 0.2.2013f 0446 Jan -1972 01992/1062 Jan -1969 01745/4020 Price Sale. Type $33,500 WARRANTY DEED $100,000 WARRANTY DEED $20,000 WARRANTY DEED Owner CXe IIPLIUIIb Regular Homestead: $25,000 Year of Exemption: 2008 Additional Homestead: $25,000 Total: $50,000 Tax Year: Improvement Value: Land Value: Total Market Value: 2008 1 2007 2006 61 443 89 846 $92,39 805 000 805 000 $805,000 $866,4431 894 846 $897,39 Property Information Number of Units: 1 *Total Square Feet: 4478 Use_Co_de: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 2006 $430,233 $417,70 2 407 51 $50 ,000 $25,000 $25,00 0 $380,233 $392,70 2 382 51 2008 2007 2006 6 39 6 450 6799 156 126 122 $6,5501 6 576 $6,921 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. �3 htt„•ll..,..,.�, �n ..�1,,,_hA��h fl C /nom lnnnn Palm Beach County Property Appraiser Property Search System Page 1 of 1 Property Information Location Address: 930 ORCHID LN Municipality: GULF STREAM Calculate Parcel Control Number: 20- 43- 46- 04 -22- 000 -0800 �',ftOlty� Subdivision: PLACE AU SOLIEL Official Records Book: 12192 Page: 1338 Sale Date: Dec -2000 Reverse Side Legal DescAption: PLACE AU SOLEIL LT 80 - Owner inrormacnon Name: BAZARTE MELANIE W Mailing Address: 940 ORCHID LN DELRAY BEACH FL 33483 6118 ales Date Book /Page Price Sale Type Owner I Dec -2000 1.21.9.2.f 1338 $200,000 WARRANTY DEED BAZARTE MELANIE Nov -2000 12192J1336 $10 WARRANTY DEED EKLUND COY G Apr -1991 068511.1787 $100 QUIT CLAIM CAC1111JL1U11, Exemption Information Unavailable. Tax Year: Improvement Value: Land Value: Total Market Value: 2008 2007 1 2006 $49,36 70598 73484 $718,790 $718,7501 718 750 $768,11 $789,3481 792 234 Property Information Number of Units: 1 *Total Square Feet: 3610 Use Code: 0100 Description: RESIDENTIAL * in residential properties may Indicate living area. Assessed and Taxable Values Tax Year: 2008 Assessed Value: L—$768,11: Exemption Amount: 1 i Taxable Value: 1,768.11: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 $ 2006 $12,550 12 965 14 082 156 126 122 $12,706 $13,0911 $14,204 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. httn: / /www.co_nalm- heach.fl n- /nnnn /ncnx /weh /dPtnil infn ncnv9n Pnt;hr= *)ndld(,nd ,),)nM cn '7 nnno X30 oleelvi�)- 6H1,14 A. 2 V N O `h �. 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(561) 276 -5116 Zoning Department Fa: (561) 737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE-1-11 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. Location/Address where violation(s) exist(s): 930 and 940 Orchid Lane 2. Legal Description: Lot 80 and Lot 81 Place Au Solei 1 Subdivision 3. Name and address of owner /person in charge where violation(s) exist(s): Melanie Bazarte. 940 Orchid Lane, Gulf Stream Florida 33483 4. Violation of Town Code Section(s) and description(s): Ordinance 009 /9 aiding 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 at both of these addresses without obtaining building p6rmits. (SEE ATTACHED "EXHIBITS OF VIOLATION') Date of First Inspection: May 19, 2009 6. Date owner first notified of violation(s): May 27, 2009 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 4, 2011 at 10: 00 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 illiam H: Thrasher, Town Manager Town of Gulf Stream !l (f §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 M. BOARDS AND 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. 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; ADMINISTRATION (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 § 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, Supp. No. 1 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. (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 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 Hen 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 § 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 Hs 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. 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 alien 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 ADNMMTRAnON 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 IV. INSURANCE 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 Tbwn, 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) 4�01? b�& Q e"I -01/ -� 741C/01