HomeMy Public PortalAbout08/26/2009 * Case #CE-4-09 * NilsenBuilding Planning and
Zoning Department
CASENO: CE 4 -09
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Hand Delivered
Article No. 134
Ph. (561) 276 -5116
CODE ENFORCEMENT SPECIAL MAGISTRATE Faa (561) 737 -188
TOWN OF GULF STREAM, FLORIDA
MKI o•
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
1. Location/Address where violation(s) exist(s): 1428 N. Ocean Blvd., Gulf Stream
2. Legal Description: Lots 8 & 8A, Donald B. McLouth Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s): Lars Nilsen
Article II. Section 42 -27(a)
4. Violation of Town Code Section(s) and description(s): Installation of flag pole
without first obtaining permit (appears to be placed in setback area)
Article II. Section 42 -27(b) Entrance Gate installed does not match the
gate covered by permit B09001993 and no plan change was filed.
(SEE ATTACHED "EXHIBITS OF VIOLATION")
5. Date of First Inspection: 3 -13 -09 for flag pole & 6 -14 -09 for the gate
6. Date owner first notified of violation(s): 3 -23 -09 for flag pole & 7 -23 -09 for the gate
7. Date on/by, which violations are to be corrected: September 15. 2009
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 9 -22 -09 at 10:00 AM or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to
answer allegations that you have violated the above cited sections of the Code of Ordinances of the
Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
g 17 gg , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND
DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT
YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate finds that you have committed a violation, he /she may order IMMEDIATE
COMPLIANCE with the Code and if you fail to comply with such order within the time period set
forth therein, he /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining
in non - compliance.
If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES
CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN.
If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an
APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF
GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST
MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate with respect to any matters
considered at subject meeting, they will need a record of the proceedings, and for such-purpose, they
may need to ensure that a verbatim record of the proceedings is made, upon which record includes
testimony and evidence upon which appeal is to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY
i
By: Rita L. Taylor, To n Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
Town of Gulf Stream / r Address:
PART 1. APPLICATION REQUIREMENTS
To be completed by Town Staff during pre - application conference.
A. Review and Approval Processes
❑ 1. N. Ocean Overlay Permit
❑ 2. Land Clearing Permit
❑ 3. Annexation Review
❑ 4. Comprehensive Plan Text Amendment Review
❑ 5. Demolition Permit
❑ 6. Future Land Use Map Change Review
❑ 7. Appeal
❑ 8. Zoning code Text Amendment Review
B. Application Materials
❑
9.
Sign Review
X,10.
Site Plan Review, Level II
❑
11.
Site Plan Revision
❑
12.
Special Exception Review
❑
13.
Subdivision Review
❑
14.
Variance Review
❑
15.
Rezoning Review
❑
16.
(Other)
NUMBER OF
COPIES
REQUIRED
APPLICATION MATERIAL{
R
EV t
1
1. Completed Development Application
2. Fee of ft + / +
12
3. Generation Location Ma on site Plan
2
4. Site Plan 2 full size, 10 reduced to 11x17'
12
5, Building Elevations 2 full size, 10 reduced'
12
6. Floor Plans (2 full size, 10 reduced'
12
7. Roof Plans 2 full size, 10 reduced`
1
8. Perspective and/or Color rendering
Recommended for meeting)
1
9. Drainage Plan if altered
12
10. Landscape Plan 2 full size, 10 reduced'
11. Septic; Tank Permit
12. DOT Driveway Permit (if on A1A, for any
alterations to drive
13. DOT Landscape Permit Al A
12
14. Survey 11" x 17"
15. Subdivision Plat
16. Concurrency Documents
1
17. Proof of Ownership warrant deed
1
18. Agent Affidavit
1
19. Adjacent Property Own
Enve opes
20. Property owners within 2 300' (stamped addressed
envelopes, no return a ress
1
21. Property Owners Affidavit
Se
22. Photos of Existing Home if applicable)
23. Construction Traffic Management Plan
24.
'NOTE: Where multiple copies of a drawing are required, two copies shall be an original full
size (24" x 36 ") drawing which is signed and sealed. All other copies shall be reduced to 11" x
17 ". Please refer to the instruction for more detailed information.
Application for Development Approval, Form ADA.32000 Page 1
November 2001
INTER - OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN CLERK
Rita L. Taylor
DATE:
95
Case X14 -09 was never heard. Mr. Nilsen appeared before the ARPB
to try to get approval for the gate design that staff did not
approve and was unsuccessful. He replaced the gate with the
design that had been approved in the beginning.
Mr. Nilsen moved the flag pole to the proper location.
The Code Violations covered under Case #4 -09 have been corrected
without having a Special Magistrate Hearing.
09/16/2009 13:13 9547635193 HARVEY MATTEL PAGE 01/01
HARVEY K. MATTEL
ATTORNEY AT LAW
September 16, 2009
Via Telefax: 561.737.0188
Rita L. Taylor, Town Clerk
Town of Gulfstream
100 Sea Road
Gulfstream. Florida 33483
Re: Town of Gulfstream Case Number CE 4 -09
Mr. Lars Nilsen
1428 North Ocean Boulevard
Town of Gulfstream, Florida
Our File No. M -1433
Dear Rita:
EIGHTH FLOOR
033 SOUTH FEDERAL HIGHWAY
POST OFFICE sox Oa. 9010
FORT LAUDERDALE, PLORIDA 31307. -8010
TELEPHONE (9D4) 763. $096
PAX 1954)783 -5193
Thank you for your letter acknowledging cancellation of the September 22, 2009 hearing.
I do not believe Mr. Nilsen will be able to stay in Town for the entire month of
November. I hope to be speaking with Mr. Nilsen today or tomorrow to determine his
exact travel dates.
When Mr. Nilsen is in Town, he will make arrangements for the proper permit to relocate
the flag pole with the understanding that the relocation will be completed as promised by
the end of December.
I am concerned about the scheduling of the hearing before the Architectural Review and
Planning Board. I will resolve the timing of that with you once I have Mr. Nilsen's
itinerary.
Thank you for your continued assistance. I am confident that all of the issues will be
resolvSaAmicably with the Town,
Very T y Yours,
Y MATTEL
BAvj£
cc: Mr. Lars Nilsen (via e-mail)
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS 0. WHEELER
MURIEL J. ANDERSON
September 16, 2009
Harvey Mattel, Esquire
Via Fax No. 954 - 763 -5193
Dear Counselor:
Telephone
(561) 276.5116
Fax
(561) 737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA LTAYLOR
This is to confirm that we have cancelled the Code Enforcement
scheduled for September 22, 2009 in relation to Code Violation
at 1428 N. Ocean Blvd. in Gulf Stream, owned by one of your clients,
Lars Nielsen.
We understand that Mr. Nielsen will be in Town for the month of
November 2009 and will address these violations at that time.
Failing to resolve the issues at that time, another hearing will
be scheduled.
If you have any questions, feel free to contact us.
Very truly yours,
�� G -A
Rita L. Taylor
Town Clerk
100 SETA ROAD, GULF STREAM, FLORIDA 33483
Date /Time 09 -16 -2009 02:08:47 p.m.
Local ID 1 561- 737 -0188
Local ID 2
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
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September 16, 2009
Harvey Mattel., Esquire
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Town of Gulfstream
Line 2
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Dear Counselor;
This is to confirm that we have cancelled the Code Enforcement
scheduled for September 22, 2009 in relation to Code Violation
at 1428 N. Ocean Blvd. in Gulf Stream, owned by one of your clients,
Lars Nielsen.
We understand that Mr. Nielsen will be in Town for the month of
November 2009 and will address these violations at that time.
Failing to resolve the issues at that time, another hearing will
be scheduled.
If you have any questions, feel free to contact us.
Very truly
// yours,
ita
R L. Tayl r
Town Clerk
100 SEA ROAD, GULF STRFAm, FLORIDA 33483
Total Pages Scanned : 1
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JEC
IHS
CP24000
Abbreviations:
HS: Host send
PL: Polled local MP: Mailbox print
TU: Terminated by user
HR: Host receive
PR: Polled remote CP: Completed
T5: Terminated by system
G3: Group 3
VVS: Waiting send
M5: Mailbox save FA: Fall
RP: Report
EC: Error Correct
09/15/206, 09:35 9547635193
HARVEY K. MATTEL
ATTORNEY AT LAW
September 15, 2009
Via Telefax: 561.737.0188
William H. 'Thrasher, Town Manager
Town of Gulfstream
100 Sea Road
Gulfstream, Florida 33483
HARVEY MATTEL PAGE 01/02
Re: Town of Gulfstream Case Number CE 4 -09
Mr. Lars Nilsen
1428 North Ocean Boulevard
Town of Gulfstream, Florida
Our File No. M -1433
EIGHTH FLOOR
633 SOUTH FEDERAL HIGHWAY
POST OFFICE SOX 02 -9010
FORT LAUDERDALE, FLORIDA 33302.9010
TELEPMONE 19541763 -5095
1" 19541 763 . S 193
Rita L. Taylor, Town Clerk
Town of Gulfstream
100 Sea Road
Gulfstream. Florida 33483
STATUSREPORT
REQUEST FOR CANCELLATION OF HEARING
Dear Bill and Rita:
This letter follows our telephone conversation this morning wherein I advised you of the
following agreement of Mr. Nilsen with reference to the pending matters:
1. Flag Pole: Mr. Nilsen has agreed to relocate the flag pole within the code
setback requirements. As Mr. Nilsen is currently in Norway and will not be
returning to Florida until approximately November 1, 2009, he has requested
that he be permitted to obtain the appropriate permit in person upon his return.
Mr. Nilsen agrees that the flag pole will be relocated on or before December
1., 2009.
2. Entrance Gate: Mr. Nilsen wishes to file for approval of the gate by the
Town of Gulfstream, Architectural Review and Planning Board, In this
regard, Rita advised that she would be forwarding to me via US mail the
package to be completed by Mr. Nilsen for the review process. The package
should be addressed as follows:
Harvey Mattel, Esquire
P.O. Box 02 -9010
Fort Lauderdale, Florida 33302 -9010
09/15/2005' 09:35 9547635193 HARVEY MATTEL PAGE 02/02
William H. Thrasher, Town. Manager
Rita L. Taylor, Town Clerk
September 15, 2009
Page 2
We also discussed that based upon Mr. Nilsen's present plans to return to Florida
in the month of November 2009, that the hearing before the Board be scheduled
on the November hearing date. Rita advised that a final date has not been set for
the Board's meeting in November and she will advise me of the exact date which
she anticipates to be on or about the 19th of November. In the interim, I will
reconfirm Mr. Nilsen's availability around this time. I look forward to receiving
the package and confirmation of the Board hearing date at your convenience.
CONFIRMATION OF CANCELLATION OF CODE ENFORCEMENT
SPECIAL MAGISTRATE FEARING
In consideration of the foregoing agreement you have advised me that the hearing
presently before the Special Magistrate to take place at 10:00 a.m. on September 22, 2009
at the Town Ball Commission Chamber would be cancelled.
Your kind cooperation in resolving these matters amicably is most appreciated. 1 would
also appreciate your forwarding to me written confirmation of the cancellation of the
code enforcement hearing for my records.
In the interim, there is any other information you need from me, please contact me.
Very
I-IIgf
cc: Mr. Lars Nilsen (via e-mail)
HARVEY K. INIATTEL
ATTORNEY AT LAW
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Date/Time 09 -11 -2009 05: 13:13 p.m. Transmit Header Text
Local ID 1 561- 737 -0188 Local Name 1 Town of Gulfstream
Local ID 2 Local Name 2 Line 2
Completed Jobs: 52
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Transmission Report
Date /Time 09 -11 -2009 03:46:44 p.m. Transmit Header Text
Local ID 1 561- 737 -0188 Local Name 1 Town of Gulfstream
Local ID Local Name Llne2
C
This document: Confirmed
(reduced sample and details below)
Document size : 8.5"x11 "
I FAX C"ar Sheet
Array. Harvey Mattel
Fax Phone: 954- 763 -5193
Date: 9 -4 -09
IN=bw of pages including cover sheet: 2
Rita Taylor
(FROM: Town of GulfS6emn
100 Sea Road
Gulf Stream, Fl, 33483
ae: 561- 276 -5116
Phone: 561- 737 -0158
o ASRequestedo Urgent o FYI ❑ For Your Raview o Reply ASAP
1 have enclosed the 8 points to satisfy,in order
for a variance to be granted. Please call if you have
any questions.
to Follow by MaW Yes No
CC:
Far Phone:
Total Pages Scanned: 2 Total Pages Confirmed :2
No. Job I Remote Station Start Time I Duration Pages Line Mode I Job Type Results
001 1451 19547635193 03:45:34 p.m. 09 -11 -2009 00:00:33 2/2 1 EC IHS I CP24000
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
HR: Host receive PR: Polled remote CP: Completed T5: Terminated by system G3: Group 3
WS: Walting send MS: Mallbox save FA: Fall RP: Report EC: Error Correct
FAX Cover Sheet
Attny. Harvey Mattel
Phone:
Fax Phone: 954- 763 -5193
Irej' ^v�yj:
ri c�
(Date: 9 -4 -09
Number of pages including cover sheet: 2
Rita Taylor
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone: 561 - 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
I have enclosed the 8 points to satisfy in order
for a variance to be granted. Please call if you have
any questions.
Driginals to Follow by Mail: Yes
CC:
Fax Phone:
No
1
ZONING
Sec. 66 -152. Review authorities.
The board of adjustment shall act as the final
review authority on all applications for variances
pursuant to the provisions of the section after
receipt of recommendations from the planning
and building administrator and the architectural
review and planning board.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -153. Action by review authorities.
(a) The review authorities shall hear, review
and consider each application for a variance and
recommend or take one of the following actions:
(1) Grant the application in full.
(2) Deny the application in full.
(3) Grant the application in part.
(4) Grant a modification of the application in
such form as the review authority deems
proper and consistent with the variance
standards.
(5) Establish such conditions as the review
authority deems necessary to ensure con-
formance with the variance standards.
(6) Return the application to a recommend-
ing review authority or applicant with
specific instructions as to additional infor-
mation, evidence, or testimony desired in
order to make a decision consistent with
the variance standards.
(7) Continue the consideration of the applica-
tion to a time certain.
(b) The board of adjustment shall take final
action on an application within 60 days of the
close of its public hearing on the application.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -154. Standards.
When recommending or taking final action on
applications for variances, the review authority
must find that:
(1) Special conditions and circumstances ex-
ist which are peculiar to the land, struc-
ture, or building involved and which are
not applicable to other lands, structures,
or buildings in the same zoning district.
§ 66 -155
(2) The special conditions and circumstances
do not result from the actions of the
applicant.
(3) Granting the variance requested will not
confer on the applicant any special privi-
lege that is denied by this Code to other
lands, buildings, or structures in the same
zoning district.
(4) Literal interpretation of the provisions of
this Code would deprive the applicant of
rights commonly enjoyed by other proper-
ties in the same zoning district under the
terms of this Code and would work unnec-
essary and undue hardship on the appli-
cant.
(5) The variance granted is the minimum
variance that will make possible the rea-
sonable use of the land, building or struc-
ture.
(6) Granting the variance would not permit
to be established or re- established any
use prohibited in that zoning district.
(7) Granting the variance is consistent with
the goals, objectives and policies and fu-
ture land use map of the adopted compre-
hensive plan.
(8) Granting the variance will be in harmony
with the general intent and purpose of
this Code and that such variance will not
be injurious to the area involved or other-
wise detrimental to the public welfare.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -155. Procedures for submitting and
processing applications.
The planning and building administrator shall
receive, review and process applications for vari-
ances in accordance with the following:
(1) Mandatory simultaneous processing with
related development permit applications.
In those instances where a project re-
quires approval of a variance in addition
to approval of other development permits,
the application for a variance shall be
processed simultaneously with the appli-
cations for the other required develop-
ment permits. In the event the applica-
CD66:47
UNG Po
'ago,2a,
be
Of
FRITZ MASSIE FENCE INC
ETC MN QF, GaF STREAM
5619684784
I . I .
TUU SEA ROAD I
GULF STREAM. FLORIDA 3340
4,1
4RECEIVEDe
---------------------
DEC 15 2008 -
Town of Gulf Stream, FL
Gulf Stream
-File COPY
------------ 4
— _ i I
p.2
..
. .......
... ...
I . I .
TUU SEA ROAD I
GULF STREAM. FLORIDA 3340
4,1
4RECEIVEDe
---------------------
DEC 15 2008 -
Town of Gulf Stream, FL
Gulf Stream
-File COPY
------------ 4
— _ i I
p.2
-yr r
Ms `zka l— Taylor
aA-
Cr�?-tt
s'
The Humane Society of the United States
MEMBER
N2 5111
Town of Gulf Stream
Building Permit Review
Receipt
Town of Gulf Stream, Florida, I — 1 S —
� � �
P3 n 1
Construction Address t `, 'v l) 9Z�yY� Owner's Name
Contractor -2-1 �f _ \ Phone #
Contractor's Address 77" L
Palm Beach County Permit I� Issue Date °Q -� Palm Beach Bldg. Fee j�:j• Z)_0
Gulf Stream Review Fee $ CheFR
From ` VSS� � By� l
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.
d �
�oaN4'
MAIN
2300 N. Jog Road
West Palm Beach, FL
(561) 233 -5120
PALM BEACH COUNTY
PLANNING, ZONING & BUILDING DEPT
BUILDING DIVISION PERMIT APPLICATION
WEB SITE: www.pbcgov.com /pzb
SOUTH COUNTY
345 South Congress Ave
Delray Beach, FL
(561) 276 -1264
Office Use Only
Permit Type;
PR `
Date
GENERAL INSTRUCTIONS
Applicant must fill in all information relative to the work. The checklist of requirements for this permit if any, must be completed and
included with this application submittal. Note: Separate applications will be required for multiple structures or items on same parcel.
PROPOSED IMPROVEMENT LOCATION
Parcel Control Number _a (5__ - - - Q- - l;L- ���_1J�
Address �'-S y N LV Apt / Bay / Suite
Subdivision /Plaza l l(j &ll R. Ctg=l�of Block
If this application is related to a Code En m
forceent Cas provide Vlolation Case No.
If this application has a companion application (i.e, structure, pool) provide Permit Number
Is your property on a septic system? I Yes i No If yes, additional Health Department approval may be required.
Has the Project proposed on this parcel recently received Zoning Action? i Ygs,.,I �F GL7LF $MAM
If i ZC i i
yes check all approvals received? BCC DRC TQW 1V
Does this project require platting or a replat? I Yes i No t llb
ApprO Or rII11
V
If es has platting been completed? i Yes 1 No L
APPLICANT INFORMATION t1B S
Owner or Lessee
Address L —Apt / Bay / Suite
City ; I 4 c F Q A tivv. State Zip -:t t.
Phone Work �-�,.�-rJ _�g /)& Home
CONTRACTOR INFORMATION
Qualifier J ?Z
Company I FR C ,ISE 63-WO
QTR f �� il SrTJ�� TGT
Address I
O ' Zip
Contact Person Phone #��rj- x#
_
Contractors License # to — krl fi Yi
FIXED FEES CHECK ONE ITEM IF APPLICABLE.
I Fuel Tank and or Lines Mobile Home Tie Down Fire Suppression Fire Sprinkler
i Fence i Commercial Fence per 50OLF i Mobile Home Trade i Fire Alarm
I Concrete / or other Surfacing I Mobile Home Roof Over 1 Hood
i Accessory Building Residential i A/C Change Out 1 Sign (Size & Type)
i Window Wall i Flexible Insert Panels i Water Heater Change Out i Flag Pole/Height
I Screen Enclosure i Water /Sewer Hookup 1 Roof Opening (Sky lights, Vents)
I Pool Screen Enclosure w i Window /Door Replacement i Temp Power Pole
L
out Barrier Typet ,J k y-;;C1 Canopy 1 Inge ---- ery ce ange 1 Comm. 1 Res.
i�ge
Pool Above Ground, � /„�, i Demo i Cable TV werSupply
i Pool i Spa I Interior Remov I 1
i linki ifJr1RNl�t 'dbm'
Pool Heater IStucco /Siding All chain
DESCRIPTION OF WORK CHECK ALL THAT APPLY) p e
Building I Accessory Bldg Site Built I Garage ve P an e
1 Electrical I Addition i Industrial fence. Any gates must be decor
I Gas I Commercial i Interior Imp vement i'$��p�gyI Family
i Mechanical I Condo i Master Chil - PtRrI V r STREAM. FLORlttja„ ouse
iPlumbing IDuplex •S+- ll •ter 1"'��. — l �. _ LtF lrs
I Roofing + p�
Further Description �I I✓ 4� ^� (0 9 '"- (9 /� -�AJ C'k^4 A) Q1 At k _V�ZgJC -CL
Proposed Use: _ 1• �,- yL�,co Previous Use: ts-
Net Square Footage Gross Square Footage '
� tl
PtA-t C
Total Replacement Cost $ 4 (A - (include ALL cost except land) Page 1 PCF # 0101 Rev. 07/07 � \V�
NOTE: STATE STATUTES RE UIES ALL PERMIT TYPES $ 2,600.00 OR OVER TO HAVE A NOTICE OF COMMENCEMENT
RECORDED WITH THE CLERK OF THE CIRCUIT COURT PRIOR TO 1sT INSPECTION. (EXCEPT HVAC LESS THAN $7,500.00.)
YOU MUST SUPPLY A COPY OF THE RECORDED NOTICE OF COMMENCEMENT TO US. FORMS ARE AVAILABLE.
SUPPLEMENTAL CONSTRUCTION LIEN LAW INFORMATION
The following information and notarization of Owner /Agent and Contractor signature is required when the aggregate valug (total cost
of all improvements and not 'u work authorized b the individual ennit is $2,500 or more. Please address each item. '
st V
Fee Simple Titleholder's
Mortgage Company
I Same as owner on form front
i Not Applicable
Name
Name 0
Address
F1
Address
City
City
State Zip Phone ( )
State Zip Phone ( )
Bonding CoTpany
Designer
I Not Applicaf
I Not Applicable
Name
Name
Address
Address
City
City
State Zip one ( )
State Zip Phone ( )
APPLICATION CERTIFICATION AND ACKNOWLEDGEMENT
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that all work will be
performed to meet the standards of all laws regulating construction in this jurisdiction. I certify that ail the foregoing
information is accurate. I understand that a separate permit may be required for electrical, plumbing, boilers, heaters,
tanks, signs, wells, pools, roofing, air conditioning, etc.
I further acknowledge the following:
-Issuance of a permit may be subject to conditions and is subject to time limitations.
-Issuance of a permit is not authorized to violate public or private restrictions.
-Failure to comply with applicable construction regulations may result in the withholding of future permits.
-Submission of any false information or misrepresentation is a violation of law and may result in permit revocation.
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF
COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART 1 SECTION 713.13, FLORIDA
STATUTES AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE E THE FIRST INSPECTION. IF YOU
INTEND TO OBTAIN FINANCING CONSULT WIT YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR
RECORDING YOUR NOTICE OF COMMENCEME - _
t h
Signature ,''r�+fia_ Signature T�
—
v4n or agent if any C tractor % Owner Builder
Print Named dZ $ 1— dv� 4.0 L P_ Print N9wc
Notary If $ 2,500 or More
Required to be notarized for all Owner / Builders regardless of $ Value
STATE OF FLORIDA STATE OF FLORIDA
COUNTY OF PALM BEACH n OUNTY OF PALM BEACH
he foregoing Instrument was acknowledged be /ore me Ihis�day of'° (2,C - Fka foregoing Instrument was atlmowledged before me Nis -cday of FJ
(month) (year) F
tr�/�PCeJ U t' �O t. -"i �— J�'�
Y l�-r�'>_
by
(Name of Person o ginp)
or Perso n Aticnowledgila
�(Name
ublic- Staten Flon Sign blk-Stateo ton a)'���Y^,'''�..�
'' 1fCC d''FFvfi,CJl�l h,�l)^ L
(Print, Typo, or Stamp Comm'sbfddl�Naple,of Nof�rypPUrbBtr ' L' (Pont, Type, or Stamp Commissioned Narrero /. J�olary Public): vi
iSSS10�
�� - l' DD 90093
EXFI;ES. "I v26 2009 -
V
Personally Known r pR PmCIireQ 1penpfy.3gpg.,,;., -, __,tan ` Personally Known OR Produced Identification
Type of ldenfift;agon Pmduca0 -r's' =9'- Type of identification Produced
2004 FLORIDA BUILDING CODE AS AMENDED BY PALM BEACH COUNTY Page 2 PCF# 0101 Rev. 07/07
OFFICE USE ONLY STAFF COMMENTS:
I PRIMARY I SUB i MULTIPLE
Permit #
Primary Permit #
,y�B PALM BEACH COUNTY
INSPECTIONS adx PLANNING, ZONING & BUILDING DEPARTMENT
(561) 233 -5180
(561) 27 So. County
Minimum m 24 Hour Notice �o��. B U I L D I N G D I V I S 10 N
24
PERMIT
SEE FRONT OF FORM FOR IMPORTANT PERMIT INFORMATION.
PERMIT
VIOLATION
RADON
FIRE REVIEW
ROADS
PARKS
- ..t![;
PET #
TAZ oST, G.P.S.
;IGENCY
LIBRARIES
SCHOOLS
FIRE
PUBLIC BLDGS
LAW ENFORCEMENT
ROAD PATROL
ERM
PET #
TAZ oST, G.P.S.
;IGENCY
;r
HEALTH
UTS)DE
MISC. FEES ZONING
PE)R -
UNITS
BA #
SP #
PET #
TAZ oST, G.P.S.
;IGENCY
;r
FLOOD wl
FIN. FLR.
CONT CERTIFICATION #
c; {it "t
J 111IDN
•
•
RNG
I TWP I
SEC I
SUB
I BLK
LOT
CC
INSPAR
7",7E 4'L.AN PVW -- FENCE -!8,.I'
• •
APPL DATE
SQUARE FOOTAGE
VALUE
I
'SEE FRONT OF FORM.
VISIT LIS Af WWW.PBCG0V.COM /PZB *** WARNINb ;i OWNER
ON OUR BTIILDING DIVISION FATE YOU' A NOTICE OF C.`OMM=NCEMENT MUST BE-
CAN VIEW FLAN REVIEW TRACKING, RECORDED AND POSTED ON THE JOB SITE
PERMIT & INSPECTION HISTORY, AND BEFORE THE FIRST INSPECTION.
CONTkAC -COR LICENSING INFORMATION.
** WE WELCOME YOUR COMMENTS' *:k
OWNER: ARE, NILSEN
PROPERTY ADDRESS: 14E3 N OCEAN BL.V
SUBDIVISION NAME: DONALD B MCLOUTH
:;ONTRACTORNAME: FRITZ MASSIE FENCE
.'.A CALDWELL APPLICANT'S COPY
BUILDING OFFICIAL-
IMPROVEMENT PERMIT, �#
kk NO INSPECTION REQUIRED KY
THIS PERMIT MUST BE VALIDATED
G-
Chain Link _Fence: Typical
q
iv
F I ` dirt backFill 2.3"
5
2430"
30" T
� t
r �
I4-6" tiI
i
r
nl ��' N k _
Installation Detail Drawing _
-___,Y
623809001993
10' nuudmum
✓ 1318" O.A
1 5P8" O.D.
spao• as preferred i
� 2
Optlonal bottom wire or rail 30„ Y
r' F
61 high chain link
r
i
NOT TO SCALE
TOWN OF GULF STREAM
100 SEA ROAD
GULF STREAM, FLORIDA 33413
Gulf stream _
File C°py
R4101.15 Gas :piping. Gas piping shall comply with the
Florida Quilding Code,.Fuel Gas.
R4101.16 Electrical. Electrical wiring and equipment shall
comply with Chapter 27 of the Florida Building Code.
84101.17 Residential swimming barrier requirement. Res-
idential swimming pools shall comply with Sections
R4101.17.1 through R4101.17.3.
Exception: A swimming pool with an approved safety pool
cover complying with ASTM F 1346.
84101.17.1 Outdoor swimming pools. Outdoor swim-
ming pools shall be provided with a barrier complying with
R4I01.17.1.1 through 84101.17.1.14.
84101.17.1.1 The top of the barrier shall be at least 48
inches (1219 mm) above grade measured on the side of
the barrier which faces away from the swimming pool.
The maximum vertical clearance between grade and the m
bottom of the barrier shall be 2 inches (51'm) measured
on the side of the barrier which faces away from the
SWIMMING POOLS
i
84101.17.1.7 Where the barrier is composed of diagonal
members, the maximum opening 'formed by the diagonal
members shall be no more than I' /, inches (44 mm).
84101.17.1.8 Access gates, when provided, shall be
self - closing and shall comply with the requirements of
Sections R4101.17.1.1 through R4101.17.1.7 and shall
be equipped with a self - latching locking'd i a located
on the pool side of the gate. Where the devtc release is
located no less than 54 inches (1372 mm) Er m the bot-
tom of the gate, the device release mechanis may be lo-
cated on eitherside of the gate and so placed that it cannot
be reached by a young child over the top or through any
opening or gap from the outside. Gates that provide ac-
cess to the swimming pool must open outward away
from die pool. The gates and barrier shall have no open-
ing greater than'/, inch (12.7 mm) within 18 inches (457
mm) of the release mechanism.
84101.17.1.9 Where a wall of a dwelling-serves as part
of the barrier, one of the following shall apply:
swimming pool. Where the top of the pool structure is
above grade the barrier may be at ground level or
mounted on top of the pool structure. Where the barrier is
mounted on top of the pool structure, the maximum verti..
cal clearance between the top of the pool structure and %' ✓*
the bottom of the barrier shall be 4 inches (102 mm).
R4101.17.1.2 The barrier may not have any gaps, open-
ings, indentations, protrusions, or structural.omfiponents
that could allow a young child�t,.o.crmvi_under,, squeeze
through, or climb over tihobamer as herein described be-
low. One end movable child barrier shall not be re-
movable ithoutt lteaidoftools Openings in any barrier
shall not a ovwpassage of a 4- inch- diameter (1'02 mm)
sphere.
P ( ^,
84101.17.1 Sb11t1."arriers which do not have opening's
shall not can in indentations oc protrusions except foil 9
normal const ction tolerances and tooled. masrinry
joints.
R4101.17.1.4 erethebaa i,�tpltposed'ofhorizon-
tal and verttcal embe� ai ;iancebetween the
tops of the horiz ntal my �iS'1 less than 45 inches
(1143 mm), the h izonf l memberrs�s55hafri5e located on
the swimming poo side of a nce. Spacing between
vertical members sh of exceed 11 /, inches (44 mm) in
width. Where there are decorative cutouts within vertical
members, spacing within the cutouts shall not exceed 11/,
inches (44 mm) in width.
R4101.17.1.5 Where the barrier is composed of horizon-
tal and 'vertical members and the distance between the
tops of the horizontal members is 45 inches (1143 mm)
or more, spacing between vertical members shall not ex-
ceed 4 inches (102 mm). Where there are decorative cut-
outs within vertical members, spacing within the cutouts
shall not exceed 131, inches (44 mm) in width.
84101.17.1.6 Maximum mesh size for chain link fences
shall be a 21/4 inch square (57 mm) unless the fence is pro-
vided with slats fastened at the top or bottom which re-
duce the openings to no more than 11/4 inches (44 mm).
V
i
i
All doors and windows providing direct access
from the home to the pool shall be equipped with
an exit alarm complying with UL 2017 that has a
minimum sound pressure rating of 85 dB A at 10
feet (3048 mm). The exit alarm shall produce a
continuous.audible warning when the door and its
screen are opened. The alarm shall sound immedi-
ately after the door is opened and be capable ofbe-
ing heard throughout the house during normal
household activities. The alarm shall be equipped
with a manual means to temporarily deactivate the
alarm for a single opening. Such deactivation shall
last no more than 15 seconds. The deactivation
switch shall be located at least 54 inches (1372
mm) above the threshold of the door. Separate
a164ns are not required for each door or window if
se ors wired to a central alarm sound when con-
tact is broken at any opening.
Exceptions:
a. Screened or protected windows having a bot-
tom sill height of 48 inches (1219 mm) or more
measured from the interior finished floor at the
pool access level.
b. Windows facing the pool on floor above the first
story.
c. Screened or protected pass - through Itchen
windows 42 inches (1067 mm) or high r with a
counter beneath.
2. All doors providing direct access from the home to
the pool must be equipped with a self - closing,
self - latching device with positive mechanical
latching/locking installed a minimum of 54 inches
(1372 mm) above the threshold, which is approved
by the authority having jurisdiction.
84101.17.1.10 Where an aboveground pool structure is
used as a barrier or where the barrier is mounted on top of
the pool structure, and the means of access is a ladder or
FLORIDA BUILDING CODE — RESIDENTIAL 41.58
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tip' B PALM BEACH COUNTY
INSPECTIGNS M
w PLANNING, ZONING & BUILDING DEPARTMENT
(561) 233 -5180 1
(Mini 278 -24 So. Notice ��trTV't� B U I L D I N G V IS I ON
Minimum 24 Hour Notice
PERMIT
SEE FRONT OF FORM FOR IMPORTANT PERMIT INFORMATION.
PERMIT
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ROADS
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DEMOLITION
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VALUE
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`SEE FRONT OF FORM.
VISIT WWW.CO.F'ALM-- BEACH.FL.US /F'ZB
ON OUR BUILDING DIVISION PAGE YOU
CAN VIEW Pl-AN REVIEW TRACKING,
PERMIT & INSPECTION HISTORY AND
CONTRACTOR LICENSING INFORMATION.
** WE WELCOME YOUR COMMENTS' **
OWNER: PINETREE HOMES
PROPERTY ADDRESS: 142E N OCEAN BLV -
SUBDIVISION NAME: MC LOUTH
CONTRACTOR NAME:
FREDERICO EQUIPME
APPLICANT'S COPY
BUILDING OFFICIAL
C
IN ACCORDANCE WITH 553.79,
F.S. THIS IS TO ADVISE YOU OF
YOUR RESPONSIBILITY TO COMPLY
WITH ASBESTOS NOTIFICATION
REGULATIONS.
THIS PERMIT MAST BE VALIDATED
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,RETUIRN RECEIPT
Article addressed to:
Article No.
Lars Nilsen 134
930 Indigo Pt.
Gulf Stream, FL 33483
Signature (addressee)
or
� f DAe delivered
Agent ignauur
l
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 H. 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-
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
;hall be paid to the town for receipt of such
)emit.
(d) If a construction trailer is parked within
he town a permit shall be required therefor along
vith approval of the town commission, and a
trmit fee in the amount established in the town's
be schedule shall be paid to the town. The permit
vill be valid for a period of six months.
(e) If a person fails to obtain a building permit
vhere otherwise required within the town, the
;enalty fee applicable by the county in the amount
�f four times the regular fee due to the county
hall be paid. In addition, there shall be paid to
he town a fee four times the regular fee due the
own.
Code 1978, § 4-3; Ord. No. 89 -6, § 1, 12- 15 -89;
)rd. No. 98 -1, § 1, 4- 14-98)
;ec. 42 -28. County to process applications;
fees for service.
The county building department shall process
Mans that are submitted in triplicate, checking
he same for compliance with the codes adopted in
bis article, and will determine the amount of the
ermit fee and supply a copy of the same to the
Dwn. For this and the inspection service the
ounty shall charge the builder a permit fee as
stablished by the county building permit fee
chedule. The fee to the county shall be paid by
he builder at the time application for permit is
ubmitted to the county.
'Ode 1978, § 4 -4)
'sec. 42 -29. Construction abandonment.
All authorized construction shall be completed
rior to the expiration of the building permit
;sued by the county. The expiration of a building
ermit shall be prima facie evidence that the
uilding project has not commenced or has been
bandoned.
Failure of the permit holder or the property
wner to complete construction once it has been
iitiated within the timeframe of the building
ermit is a violation that will be referred to the
oecial master pursuant to Chapter 2, Article III,
livision 2, of this Cade. 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 ALA. 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
Town of Gulf Stream
Att: W.H. Thrasher
100 Sea Road
Gulf Stream, FL 22483
Gulf Stream, August 14111, 2009
Re: Notice of Violation dated July 21, 2009
Dear Mr. Thrasher,
Reference is made to your Notice as mentioned above, l regret my late reply, but we have been
travelling and are now returning to Norway.
However, please allow me to comment briefly on the issues raised in the Notice.
The Flag Pole - first I was made aware of the fact that in the US you are to hang your nation's Flag
below the American if to be in compliance with US Flag rules. This was immediately corrected.
As to the Flag pole location I don't quite understand why the re- erection of the flagpole is outside
of the code.
The Gate - I regret if we have done anything wrong in regards to the gate by adding the harts in
a small space in the center. For good order, please know that the gate is, except from the hart
shapes added in the center, the gate is the exact design (height, with and look), and located as
permitted.
I would appreciate to be given the opportunity to sit down and go through these issues upon my
r turn to the US later this fall.
Be r Bards
y
Lars ilsen
1428 N Ocean Blvd
Gulf Stream
§ 2.42
(4)
(5)
(6)
GULF STREAM CODE
Attend all town commission meetings and
he shall have the right to take part in
discussion but may not vote.
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.
Prepare and submit the annual budget
and capital programs to the town commis-
sion.
(7) Submit to the town commission and make
available to the public a complete report
on the finances and administration activ-
ities of the town as of the end of each fiscal
year.
(8) Make such other reports as the town
commission may require concerning the
operations of town departments, offices
and agencies subject to his direction and
supervision.
(9) Keep the town commission fully advised
as to the financial condition and future
needs of the town and make such recom-
mendations to the town commission con-
cerning the affairs of the town as he
deems desirable.
(10) Sign contracts on behalf of the town as
directed by the town commission.
(11) Perform such other duties as are specified
in the charter or ordinances of the town or
as may be required by the town commis-
sion.
(12) The town manager shall represent the
town before appointive officers of other
governmental bodies except when the town
commission shall have designated some
other person to act.
(Ord. No. 89 -3, § 1, 5 -5 -89)
Secs. 2- 43 -2 -55. Reserved.
ARTICLE III. BOARDS AND
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.
W 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 CD2A
(1) Chapter 6, Animals;
ADNIINISTRATION
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
tors, law enforcement officers, public works in-
spectors, fire safety inspectors, and zoninginspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
Supp. No. 1
§ 2 -70
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2 -75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2 -75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2 -75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the coats as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
CD2:5
§ 2 -70
GULF STREAM CODE
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules of evidence shall not
apply. Irrelevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his/her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a full and fair hearing of the
:ase.
(d) At the conclusion of the hearing, the spe-
Hal magistrate shall issue findings of fact based
m evidence on the record and conclusions of law,
and shall issue an order affording the proper
-elief 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
searing. The order may include a notice that it
nust be complied with by a specified date and
shat a fine, as well as the cost of repairs, may be
mposed if the order is not complied with by such
late. A certified copy of such order may be re-
:orded in the public records of the county and
hall constitute notice to any subsequent purchas-
!rs, successors in interest, or assigns if the viola -
ion concerns real property, and the findings therein
hall be binding upon the violator and, if the
, iolation concerns real property, any subsequent
iurchasers or successors in interest or assigns.
Ord. No. 06 -02, § 1, 5 -5 -06)
;ec. 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
upp. No. 1 CD2:6
C
ADMINISTRATION
been made as provided in this section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a special magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However, if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be'recorded in the public record and thereaf-
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be a court judgment except
for enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the town
and the town may execute a satisfaction or re-
lease of 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
3r 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
ine has been imposed pursuant to section 2 -72
nay apply to the special magistrate, through the
;own attorney or his/her designee, for a satisfac-
ion of the fine with less than full payment
thereof. No such application shall be considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government - imposed liens against the sub-
ject real property have been paid.
(2) The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
(b) In considering an application to reduce a
fine or lien imposed pursuant to section 2 -72, no
satisfaction thereof shall be approved by the spe-
cial magistrate with less than full payment thereof,
unless the special magistrate shall make a spe-
cific finding that no violation of any ordinance
de- scribed in section 2 -68 of this Code exists on
the subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2 -72 that is reduced by the
special magistrate shall be paid on such terms as
approved by the special magistrate.
(d) If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi- government entity, the spe-
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a sat-
isfaction of the hen 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
Cupp. No. 1 CD2:8
i
ADMMMTRATION
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 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)
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED 0. DEVITF III
CHRIS 0. WHEELER
MURIEL J. ANDERSON
July 21, 2009
Lars Nilsen
930 Indigo Pt.
Gulf Stream, FL 33483
Dear Mr. Nilsen:
NOTICE OF VIOLATION
Telephone
(561) 276 -5116
FU
(561) 737 -0188
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA LTAYLOR
HAND DELIVERED
Article No. 133
The violations addressed in this notice are in reference to your
property located at 1428 N. Ocean Blvd., Gulf Stream, Florida.
We had advised by a Courtesy Notice that a flag pole had been
installed without first obtaining a building permit to do so.
A reply was received stating that an old flag pole foundation
had been found and the new pole was placed on that foundation.
This is to officially advise that a permit is necessary for this
new installation and it is believed that the current location does
not meet the current codes. If when the permit is applied for
the location does not meet the code, the pole will need to be
relocated to conform.
On December 15, 2008 the Town of Gulf Stream approved the design
and location of fencing and a gate at 1428 N. Ocean Blvd. and
issued a receipt, #5111, to cover the review fee of $125.00. On
February 23; 2009 Palm Beach County Building Department issued
installation permit #B09001993. The design of the gate that has
been installed is not the same design that the Town approved on
December 15, 2008. The contractor, Fritz Massie Fence, was
recently contacted and advised that the design of the gate was
changed after the Town had approved the design submitted.
This is to be considered official notice
within 30 days. Failing to comply with
further action as provided in Chapter 2,
the Code of Ordinances, a copy of which
Article II in Chapter 42 of the Code of
which provides for issuance of Building
initial plans as approved. This covers
Very truly yours,
re�
William H. Thrasher
Town Manager
to correct these violations
this order shall result in
Article III, Division 2 of
is enclosed. A copy of
Ordinances is also enclosed
Permits and changes in the
both violations stated herein.
Encls . 100 SEA ROAD, GULF STREAM, FLORIDA 33483
RETURN RECEIPT
Article addressed to:
Lars Nilsen
930 Indigo Pt.
Gulf Stream, FL 33483
Signature (addressee)
or
Q10-UYUA M
Agent Signature �}—
Article N0.
133
Date,Deliv red
7/
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-
lished in a fee schedule adopted by a resolution of
the town commission. The town manager or the
contractor will request the county building depart-
ment for inspection for a given time and date and
the permit inspection card and plan shall be on
the construction site at all times and the inspec-
tor on completion of his inspection will mark the
card as to acceptance and the date thereon, or will
note reasons for rejection. Upon completion of the
project and final inspection, by both the county
and the town if necessary, the inspector will
report this to the county building department,
which shall then issue the certificate of occupancy
to the builder.
(b) If there is a change in the initial plans as
approved, the contractor shall be required to file
such plan change with the town. The fee payable
to the town for review of such change in plans
shall be as indicated in the town fee schedule.
(c) If the contractor wishes to either demolish
or move a building or structure located within the
town, a permit must be obtained from the town
CD42:3
¢ 42 -27
GULF STREAM CODE
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
Fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the county in the amount
3f 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;
Drd. No. 98 -1, § 1, 4- 14 -98)
Sec. 42 -28. County to process applications;
fees for service.
The county building department shall process
Mans that are submitted in triplicate, checking
:he same for compliance with the codes adopted in
:his article, and will determine the amount of the
3ermit fee and supply a copy of the same to the
:own. For this and the inspection service the
:ounty 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
:he builder at the time application for permit is
>ubmitted 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
ssued by the county. The expiration of a building
permit shall be prima facie evidence that the
wilding project has not commenced or has been
abandoned.
Failure of the permit holder or the property
)wner to complete construction once it has been
vitiated within the timeframe of the building
)ermit is a violation that will be referred to the
;pecial master pursuant to Chapter 2, Article III,
)ivision 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 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
1 ` _.
§ 2-42
GULF STREAM CODE
(4) Attend all town commission meetings and
he shall have the right to take part in
discussion but may not vote.
(5) Administer all laws, provisions of the char-
ter and acts of the town commission sub-
ject to enforcement by him or by officers
subject to his supervision.
(6) Prepare and submit the annual budget
and capital programs to the town commis-
sion.
(7) Submit to the town commission and make
available to the public a complete report
on the finances and administration activ-
ities of the town as of the end of each fiscal
year.
(8) Make such other reports as the town
commission may require concerning the
operations of town departments, offices
and agencies subject to his direction and
supervision.
(9) Keep the town commission fully advised
as to the financial condition and future
needs of the town and make such recom-
mendations to the town commission con-
cerning the affairs of the town as he
deems desirable.
(10) Sign contracts on behalf of the town as
directed by the town commission.
(11) Perform such other duties as are specified
in the charter or ordinances of the town or
as may be required by the town commis-
sion.
(12) The town manager shall represent the
town before appointive officers of other
governmental bodies except when the town
commission shall have designated some
other person to act.
(Ord. No. 89 -3, § 1, 5 -5 -89)
Secs. 2- 43 -2 -55. Reserved.
ARTICLE III. BOARDS AND
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:
Supp. No. 1 CD2:4
(1) Chapter 6, Animals;
\.
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
tors, law enforcement officers, public works in-
spectors, fire safety inspectors, and zoning inspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
Supp. No. 1
§ 2 -70
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2 -75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2 -75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2 -75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
CD2:5
§ 2 -70
GULF STREAM CODE
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules of evidence shall not
apply. Irrelevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his/her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a full and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days after the
hearing. The order may include a notice that it
must be complied with by a specified date and
that a fine, as well as the cost of repairs, may be
imposed if the order is not complied with by such
date. A certified copy of such order may be re-
corded in the public records of the county and
shall constitute notice to any subsequent purchas-
ers, successors in interest, or assigns if the viola-
tion concerns real property, and the findings therein
shall be binding upon the violator and, if the
violation concerns real property, any subsequent
purchasers or successors in interest or assigns.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -71. Powers.
The special magistrate shall have the power to:
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
her hearings, - including, but not limited to
physical and documentary evidence such
as records, surveys, plats and photo-
graphs.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2 -72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2 -72
which remain unpaid after a period of
three months.
(8) Authorize the reduction of any fine he/she
has imposed.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -72. Administrative fines, costs of re-
pair; liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. In addition, if the violation is
a violation described in subsection 2 -69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
3upp. 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 beiecorded 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
F
§ 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
iupp. No. 1 CD2:8
11
ADMINISTRATION § 2 -80
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 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) All money derived from this tax shall be
appropriated to the City of Delray Beach's
Firefighter Relief and Pension Fund to
provide fare- 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)
Palm Beach County Property Appraiser Properly Search System Page 1 of 1
Property Information
Location Address: 1428 N OCEAN BLVD V
Municipality: GULFSTREAM Calculate
Parcel Control Number: 20- 43- 46- 09 -02- 000 -0080 "�Podabflity
Subdivision: MC LOUTH DONALD B SUB IN
Official Records Book: 22825 Page: 650 Sale Date: Aug -2008
Legal Description: DONALD B MC LOUTH SUB LTS 8 & SA
uwner imormauon
Name: NILSEN LARS I W
Mailing Address: 930 INDIGO PT
GULF STREAM FL 33483 6110
Sales Date Book /Page Price Sale Type Owner IW,,d ll
Aug -2008 22825/0650 $8,700,000 WARRANTY DEED NILSEN LARS
Mar -2007 22582/1817 $0 WARRANTY DEED DEEPWATER GULFSTREAM LLC
Mar -2007 21571/1653 $5,100,000 WARRANTY DEED DEEPWATER GULFSTREAM LLC
Exemptions
Exemption Information Unavailable.
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2008
2007
2006
828
960
960
$4,466,000
4 060 00
$4,060,000
$4,466,82 8
4 060 960
4 060 960
Property Information
Number of Units: 1
*Total Square Feet: 0
Use Code: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Valuee
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2008
2007
1 2006
$4,466,82
$4,060,960
$4,060,960
0
0
0
$4,466,828
$4,060,9601
4 060 960
2008
2007
2006
$72,984
$66,69
$72,183
0
0
0
$72,984
$66,6991
$72,183
Tax Collector WebSite
I I
Details
NOTE: Lower the top and bottom margins to 0.25 on File ->Page Setup menu option in the browser to print the
detail on one page.
http: / /www.co.palm- beach. fl.us/ papa /aspx/webldetail_info.aspx ?p_entity= 2043460902000... 7/22/2009
All Owner
Page 1 of I
/An Uwnerts)
PCN Number: 20- 43- 46- 09 -02- 000 -0080
Owner Names
NILSEN LARS
Pont 1,y
http: / /www.co. palm - beach.fl.us /papa/aspx/web /all Owner.aspx ?entity _ id = 20434609020000... 7/22/2009
Lars Nilsen
1428 N. Ocean Blvd.
Gulf Stream, FL 33483
March 30, 2009
Town Of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Att: William H. Thrasher
Dear Mr. Thrasher,
It is absolutely correct that there is a new flagpole installed at our property. We regret if
the correct procedure in regards to this installation has not been met. We have done a
substantial amount of upgrading to the outside areas at the property and this issue must
have been left out in the process.
Either way, please note that when installing the flagpole, we removed an older flagpole
foundation at the same location (the reason for the flagpole location). Not to excuse the
mishap, but this is most probably the reason why the permit application was not filed.
Further, it all seemed logical considering the location of the flagpole on the property
across the canal, which is placed at the same location.
I am uncertain whether or not the information herein alters the need for a permit?
Please let us know at your convenience.
Best regards,
Lars Nilsen
CONTACT NAMES & NUMBERS
Marcello Salvo 561- 767 -7148
Diane Mulvey 561- 276 -3725
561 -573 -5525
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS D. WHEELER
MURIEL J. ANDERSON
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COURTESY NOTICE
March 23, 2009
Lars Nilsen
930 Indigo Point RE:
Gulf Stream, Florida 33483
Dear Mr. Nilsen:
Telephone
(561) 2763116
Fax
(561) 737.0188
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA LTAYLOR
1428 N. Ocean Blvd.
It has come to our attention that a flag pole has been installed on
your property located at 1428 N. Ocean Blvd. without first obtaining
a building permit for the installation.
The application to permit the installation of the pole serves two
purposes. The first is to make certain the pole is installed
according to the specifications from the manufacturer and the Florida
Building Code. The second is to verify the placement of the pole
conforms to the setback provisions in our zoning code. It appears
that your flag pole may be encroaching into the setback.
Please have your contractor apply for a building permit so these
determinations can be made.
If you have any questions, please call.
Very truly yours,
2f'e;.><- J'V 'g�J
William H. Thrasher
Town Manager
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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