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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 IXMIUMam6 MLLIW P, wm xl e+re AMYL amrvw.vrc. My waamma aaAAM�fII waa�.amua September 16, 2009 Harvey Mattel., Esquire Via Fax No. 954 -763 -5193 rnw Town of Gulfstream Line 2 W+)manP Pp wiuue a.nm�HxR rm�uek RRA LI/�ttell 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 Total Pages Confirmed : 1 No. Job I Remote Station Start Time I Duratlon Pages I Line Mode I Job Type Results 001 476 9547635193 02:08:01 p.m. 09 -16 -2009 00:00:10 1/1 11 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 Noonan I !I woompp" \� • r 1d Noonan an 1'7 '1 .iA ...... ------ 2NO ll: 19 i zmft 17 14"evIv r (7;,XT. /;//P"V AJn,e7'1-J 19PIrAAJ JQ//I/) x. lit PON7- �Ayl %/U // A / /ai/Ci ,/ 9?1 /1T C9 a n#7:�V5 NIl Isom (� c� Qc,� VD(e. 61 ,A 76.3 -5�193 91 1' �, 763 -5-0 7 r� Activity Report 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 No. Job Remote Station StartTlme Duration Pages Line Mode Job Type Results 001 096 12:47:40 p.m. 07-25-2008 00:00:10 0/1 N/A -- RP TU 002 404 5613611132 09:54: 15 a.m. 09 -04 -2009 00:00:22 111 1 EC HR CP14400 003 405 09:54:53 a.m. 09-04-2009 00:00:51 212 N/A -- RP CP 004 406 561 881 8004 01:10:35 p.m. 09 -04 -2009 00:00:04 0/0 1 EC HR CP21600 005 407 5618818004 01:14:42 p.m. 09-04-2009 00:00:19 1/1 1 EC HR CP14400 006 408 3551653 02:27:51 p.m. 09-04-2009 00:00:22 2/2 1 EC HS CP24000 007 409 5617401738 03:38:36 p.m. 09-04-2009 00:04:28 3/3 1 G3 HR C1314400 008 410 9547635193 03:45:47 p.m. 09-04-2009 00:00:33 2/2 1 EC HS CP24000 009 411 08:19:02 a.m. 09 -08 -2009 00:00:45 2/2 1 EC HR CP16800 010 412 5617320143 08: 55:45 a.m. 09 -08 -2009 00:00:47 2/2 1 EC HR CP14400 011 413 09:23:28 a.m. 09-08-2009 00:00:28 1/1 1 EC HR CP16800 012 414 10: 10:45 a.m. 09 -08 -2009 00:00:32 2/2 1 EC HR CP24000 013 415 7866213241 10:37:42 a.m. 09 -08 -2009 00:00:21 1/1 1 EC HR CP24000 014 416 5618204340 10:45:56 a.m. 09-08-2009 00:00:17 1/1 1 EC HS CP24000 015 417 5616306298 12:41:20 p.m. 09-08-2009 00:00:32 313 1 EC HS CP21600 016 418 12:42:24 p.m. 09 -08- 2009 00:00:22 111 N/A -- RP CP 017 419 Sena Insurance 02:18:45 p.m. 09-08-2009 00:02:14 3/3 1 EC HR CP9600 018 420 2765116 02:56:03 p.m. 09-08-2009 00:00:00 011 1 -- HS TU 019 421 02:56:50 p.m. 09 -08- 2009 00:00:22 1/1 N/A -- RP CP 020 422 FAX 03:01:32 p.m. 09 -08- 2009 00:00:16 1/1 1 EC HR CP14400 021 423 5617378359 03:05:45 p.m. 09-08-2009 00:00:19 1/1 1 EC HR CP21600 022 424 5618375293 03:37:00 p.m. 09-08-2009 00:01:44 2/2 1 EC HS CP14400 023 425 5616566220 09:09:34 a.m. 09 -09 -2009 00:00:10 111 1 EC HR CP21600 024 426 11:54:06 a.m. 09 -09 -2009 00:00:34 5/5 1 EC HR CP21600 025 427 18004736586 02:40:25 p.m. 09-09-2009 00:01:32 2/2 1 EC HS CP14400 026 428 5612335141 02:52:40 p.m. 09 -09 -2009 00:00:15 1/1 i EC HR CP24000 027 429 2437060 02:56:42 p.m. 09-09-2009 00:00:46 212 1 EC HS CP14400 028 430 561 +243 +7113 03:42:32 p.m. 09-09-2009 00:00:17 2/2 1 EC HR CP21600 029 431 5617401738 00:27:28 a.m. 09 -10 -2009 00:00:40 1/1 1 G3 HR CP14400 030 432 9417395608 09:20:29 a.m. 09 -10 -2009 00:00:13 1/1 1 EC HR CP21600 031 433 5616500430 10:09:33 a.m. 09 -10 -2009 00:00:13 1/1 1 EC HS CP26400 032 434 6132263377 10: 39: 15 a.m. 09-10-2009 00:00:32 2/2 1 EC HS CP21600 033 435 10:48:48 a.m. 09 -10 -2009 00:00:21 111 1 EC HR CP14400 034 436 6132263377 10:57:49 a.m. 09 -10 -2009 00:00:32 212 1 EC HS CP21600 035 437 10:58:59 a.m. 09 -10- 2009 00:00:22 1/1 N/A -- RP CP 036 438 11:15:02 a.m. 09 -10 -2009 00:00:15 0/0 1 EC HR CP9600 037 439 561 +243 +7113 11:29:31 a.m. 09 -10 -2009 00:00:17 2/2 1 EC HR CP21600 038 440 5618819745 11:33:34 a.m. 09-10-2009 00:00:20 1/1 1 EC HR CP21600 039 441 11:44:17 a.m. 09 -10 -2009 00:00:10 1/1 1 EC HR CP24000 040 1442 11:45:18 a.m. 09 -10- 2009 00:00:47 1/1 1 G3 HR ICP14400 041 443 11:51:23 a.m. 09 -10 -2009 00:02:05 2/2 1 EC HR CP9600 042 444 5617985908 01:45:47 p.m. 09-10-2009 00:00:15 1/1 1 EC HR CP24000 043 445 5617904175 03:04:44 p.m. 09 -10- 2009 00:00:33 2/2 1 EC HR CP14400 044 446 08:45:28 a.m. 09-11-2009 00:03:55 10110 1 EC HR CP14400 045 447 5613688624 09:32:39 a.m. 09 -11 -2009 00:00:09 1/1 1 EC HS CP19200 046 448 10:20:08 a.m. 09 -11 -2009 00:02:08 11/11 1 EC HR CP21600 047 449 10:23:06 a.m. 09 -11- 2009 00:00:10 1/1 1 EC HR CP24000 048 450 9547634162 11:18:06 a.m. 09 -11 -2009 00:01:30 111 1 EC HR CP14400 049 451 9547635193 03:45:34 p.m. 09 -11 -2009 00:00:33 2/2 1 EC HS CP24000 050 452 03:46:42 p.m. 09 -11- 2009 00:00:29 1/1 N/A -- RP CP 051 453 04:33:23 p.m. 09-11-2009 00:00:47 1/1 1 G3 HR CP14400 052 1454 15613611132 05:12:36 p.m. 09-11-2009 00:00:20 111 1 EC HR CP14400 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 g D A C F° om o p� inn ^ >0 C n PP o 25/8 ^� s < O-I N .� pr m m N Of O�mW y� N inp x o c \ F mxaz .m °ag ; 7� r R�1 miof ^fPnnmm 7n z�v D { 30 m-L y 1�ao •.� m- .m-2l° 7 > x g y °m gz i co g sz D °�'m� '!!l!y1111 vm i <;y x Fz 1--H mA n F ^'iD Z my p•N mu LA�_1I F Of P m > W wF Ov mr O V$TwN ir�W:t z a�P SEE GENERAL NOTE #7 -{ ip r HINGES - 72' MAX HEIGHT -48' M MIN HEIGHT vm�^ lag 45'.MIN. SPACE H m➢ � R O P O t12 O \ ! y PC 2 off= <P cn _ x o ffTvT�� 8m� m m 71 r C, D om^ rz o H ^. r 9y VIII t�O1 NNJN AA_ m° y w l2 i o a 1 n x n y xm SAP >" p 3N O m X_ •5 O I mO =z � Z Fp > x A 5 Ll nF n y Om En m n m: ° D nc': o1r or n ;x c r 3H 63 N v m C) v PG) D �D m f Z r m n Wa Q7 m °m; npn y;c p 1� �? zO nr Y . no P31yP11ZZ °m m-1.m.m O n m Amo Z P N � p m m V m VIL W N N uOnmazivz Z py m OS mD Om m;�a D> CZ1pnon>- T> m N T LT 9 0 t 2 `^ m m n m A j F F x m o n x a�raR,m- z[mxm� =nxino ,�g [i7N .�.y �Fap m °axcrosxz.lail nmL30ZT pmS OH9.3om?9[.ila1'15PH m- >in °m ;"I m{ -ilFm f pZ3zo O_2Pp�GOm y PPNsymOr°p mp P131Iy OTmN I='I OV TmO °ml°jI CmZO:E H2 > 3 mn ° �m OtC�'�Sm�N ~S z�P P-iA 'r �wOi -100 v01°1I m� <g7mzmp moP i °P yycl1z$m�i m y$ v�0 of cT pmpmi °cnzm0nm v> 1^mo Zi0 m im mmm 32:3;9 O .E) AF <z ➢TFN n m> >c iu;0A7m O m T. 2 P DD� O > m A m In 0 UUN�111 3 1y�1 m m O W O< O P 2 mPmvym[ Ty9e Pip O�mm O DC OAA 2PCm-1� z;1� ;Fos 2a °o'z z °ni r zOp3n2m Pc Ord z rm o y2 wZ L1 DO °2 p12 z�pym mg mu<I m�' °z m c �G'O cmomm> a- yom�g� IPiIO fmnNS Yip m� �3 Dp ym -�F >m I.�yD P:05 ° n °mi �+1 NNOy{yrpOm F �O 3 2m 30 m n'm G�z4lmil °>m 1/z� y 3 T2T N mW °111 Fmmm° f�(l�s D�F32 O9 > m O2n> y PN VI 2bb P+PC D m< N v1 O< m m m O °~ C P O m 0 1 0 0 6 o °�crzimm P3 0 z o 22z !a 9m Fczi yam' m P= m P j VI m ; A m go 2 G ZO m n P < T m � O � V o " n N n w n 4- 72' MAX HEIGHT -48' M MIN HEIGHT vm�^ lag 45'.MIN. SPACE H m➢ s � O P O t12 O \ ! y PC 2 off= <P cn � gDNWy x o ffTvT�� 8m� m m 71 r C, D om^ y o H ^. r 9y VIII t�O1 NNJN .a m° y w l2 i o a 1 m mvi� mP m� z ;0 m D w� w r r m I--1 !<-g z �c m N � p m m V m VIL W N N uOnmazivz Z py m OS mD Om m;�a D> CZ1pnon>- T> m N T LT 9 0 t 2 `^ m m n m A j F F x m o n x a�raR,m- z[mxm� =nxino ,�g [i7N .�.y �Fap m °axcrosxz.lail nmL30ZT pmS OH9.3om?9[.ila1'15PH m- >in °m ;"I m{ -ilFm f pZ3zo O_2Pp�GOm y PPNsymOr°p mp P131Iy OTmN I='I OV TmO °ml°jI CmZO:E H2 > 3 mn ° �m OtC�'�Sm�N ~S z�P P-iA 'r �wOi -100 v01°1I m� <g7mzmp moP i °P yycl1z$m�i m y$ v�0 of cT pmpmi °cnzm0nm v> 1^mo Zi0 m im mmm 32:3;9 O .E) AF <z ➢TFN n m> >c iu;0A7m O m T. 2 P DD� O > m A m In 0 UUN�111 3 1y�1 m m O W O< O P 2 mPmvym[ Ty9e Pip O�mm O DC OAA 2PCm-1� z;1� ;Fos 2a °o'z z °ni r zOp3n2m Pc Ord z rm o y2 wZ L1 DO °2 p12 z�pym mg mu<I m�' °z m c �G'O cmomm> a- yom�g� IPiIO fmnNS Yip m� �3 Dp ym -�F >m I.�yD P:05 ° n °mi �+1 NNOy{yrpOm F �O 3 2m 30 m n'm G�z4lmil °>m 1/z� y 3 T2T N mW °111 Fmmm° f�(l�s D�F32 O9 > m O2n> y PN VI 2bb P+PC D m< N v1 O< m m m O °~ C P O m 0 1 0 0 6 o °�crzimm P3 0 z o 22z !a 9m Fczi yam' m P= m P j VI m ; A m go 2 G ZO m n P < T m � O � V o " n N n w n 4- 0 2 ° 72' MAX HEIGHT -48' a r MIN HEIGHT mT 0 lag 45'.MIN. SPACE H m➢ s � c � gDNWy EXIS$NG SAUCT m >v v my m 3 �i1m Sr7i< om^ m• am NNJN m l2 i mz mx 1 m y O ND� Pw mPO ;m m D imP gP c ^Z z �c ax n C D y a P ° °z3°33 2A r VI ggg o0 mn ga Dpi rz m. opn > Imo 0 2 ° I^�n fmf11 m xy0 mO I.I��m mT 0 lag ° m➢ �m ao � gDNWy Im3- c m >v v my m ❑v m �i1m Sr7i< om^ NOy am NNJN m 0 2 ° I^�n fmf11 m xy0 mT 0 A c: Q �m ao � gDNWy m >v v my O F W W aPm C1 9— W A n3 9nnm^ l2 i mz mx 1 a ➢�— ND� Pw mPO ;m X2.000-4 N 1r m N m 1.625 N J z 9 (9� 3 ➢ N Sy O y 11i x °m '9 G 1.219 z -1 D y 9 S 9 N �x m xP O m ?0 0 rP N MECHANICAL FENCE AT GRADE TYPICAL MECHANICAL FEND PIAN CNFET m .. D mZ Op CP Ly a . EXISTING STAURURE •. rn s �- 2.000 —{ m° �- 0.960-i m1^oT iz T uI�T m�w 99 1 D3I FmP` 9n•- v0 !� 0OCn sy O o sDb O MID m o z n p po py a I x X NP L uWl pi D p Ln 1.0001 a 0 r �p z s - .750• }- x o Ln QT- 2 � P T- F y N T- 2 m x o o mD A W O N O mp 0w0 0°n Ang o -af T ocn = sm< o o z r i z0 m IIt O 9P v v I O P�� v m< yS�mo ? 5 °N c yS e ? m �^oF m20 O m O VI 111 1n P Nate ° N1 W = o� g ° P 8Gz -°a I^�n fmf11 m xy0 mT 0 A c: m m � gDNWy m >v v my O S� <sP � m D_ 0 °�F�l m `D m mz mx F r ND� Pw mPO ;m m D imP gP c ^Z 7� ax n C D y a P ° °z3°33 2A r VI ggg o0 mn ga Dpi rz opn > Imo S X0-1 O 2C S ^ N L1 o3 m W V NN C Z T n m m r 7 v zr) "� rn m .. D mZ Op CP Ly a . EXISTING STAURURE •. rn s �- 2.000 —{ m° �- 0.960-i m1^oT iz T uI�T m�w 99 1 D3I FmP` 9n•- v0 !� 0OCn sy O o sDb O MID m o z n p po py a I x X NP L uWl pi D p Ln 1.0001 a 0 r �p z s - .750• }- x o Ln QT- 2 � P T- F y N T- 2 m x o o mD A W O N O mp 0w0 0°n Ang o -af T ocn = sm< o o z r i z0 m IIt O 9P v v I O P�� v m< yS�mo ? 5 °N c yS e ? m �^oF m20 O m O VI 111 1n P Nate ° N1 W = o� g ° P 8Gz -°a 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 VIOLATION RADON FIRE REVIEW ROADS PARKS ERM O.'. ". E,7. i f1,7.)C 0.51( O. Of. LIBRARIES SCHOOLS FIRE PUBLIC BLDGS LAW ENFORCEMENT ROAD PATROL ERM O.'. ". E,7. i f1,7.)C 0.51( O. Of. O. U( 0. f)1, HEALTH AGENCY 0 MISC. FEES ZONING # UNITS BA # SP # PET # TAZ oos>7` G.P.S. I)( 'S 04 ()ll,(IQ 02 02030798 047,168 FLOOD ZONE N/R FIN. FLR. CONT CERTIFICATION # CRCO36580 DEMOLITION DEMOLITION /RESIDENTIAL 0 UNIT • 802030798 - • RNG 4'_ 7WP 46 SEC 119 SUR i)2 BLK I UIr(} LOT b I CC C):_'(7 JINSPAJ DF..MOLITION /RESIDENTIAL 1 11/21/Q2 1 APPL DATE l.ii:'CllJri SQUARE FOOTAGE is VALUE 499.99 `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 (k ,\ I , Rgg h (eat A � \ � ® ® � \ z6� 3_ WNW �� °03 O � � I «�} g ƒ\ n $�CIO 2 ■ , Rgg h (eat A � \ � ® ® � \ z6� 3_ WNW �� °03 O � � I O �= DD OwZ T O K❑ c m fA< m nA Kv G)< wm °0 m� �m m p mm = C z m mz rC--Oi N �C��G 0 { m m M3 Z� m0 N (nm0 .� y TO Om Z m -I'ja L5O (C77Z a) m C -(mi) w �m° Dm Z o O A z< D0 OD �y Ao <m m m m�D m m m❑ Z z m 3 �v Oo m� o { y 5 r2 Z� p, _{ O Co N z y CD F- m m u=rn m n m ZD o ° < r D (p m -p° m m r r r n- N `pRpJJ 3 DMy m�� m ® - D D m 0 m -Zl zD A m -mi =O .� R 3 3 a Oro m CD mr= c m r � m ncn- m m w Om3 0 0 m 77 0 > p_p -n Q m 0m0 m 0 3 O 0 9 =+ m O� w 69 O pz < m m 0 N pm zO 0 2 Z A m N vm� = _m �0 y f N z m ��m �� Z 0 Q 3 N y N° N y r m <_ z m -0 � a ° m m °m mm rm° �� O ;u m A y N y D y Cl) z m r�D m o 0 0 0 - °o y xc m DD r Z O=z m z co m A m m Dz m Z C7 3 m y O { T D N N N N N N N N .3 N N W N O r tJ D 0 ZN m ? v' E -DIZ{ Am* p y O GJN m J p n 0 N -I 2 moo O 2 O .D N _Z Ill < ?Ar m m O o m O m< mm� 0 o z y z (1 —I o < D <� m T G) m T �z °y z N cu n Z m sll,) 00 m y Zr0 r m D 0 O 3 N 0� u °m° m m m ,p � r °w z v 3 PAZ m z m Y mzy D. D_ m A O �mD N N z y 3 O 0000 �m0� m0 y N oD Om cn m A T cL p r <��Z fail G N O { m N yA Nm m ;c am nm mD 0 0 n m D Dp OD cNi� 000 DS m .ZI < Z �� n 0 mm x m m rn 3 -i p � m N ❑❑❑ --4 c C m N c m K z N° 0 D 0 cn cn y y C m 2 D wO = = x r;,= = a,z �mmr zz z z z rnZ z zzm v3 mK �D m m m jm m ao m �Z m y fny Zr ,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 IY29 /laa-,,X4 DefAV 91-vDw ���� '"�-, �� ��'- i % �% ti`. r S �� r is 3 �%, ' . W-��f a Ali- =, r / l IOM,' Y �� - `J ANn Palm Beach County Property Appraiser Property Search System Page 1 of 1 Property Information Location Address: 1428 N OCEAN BLVD Vlau, Man Municipality: GULF STREAM Calculate Parcel Control Number: 20- 43- 46- 09 -02- 000 -0080 Portability J Subdivision: MC LOUTH DONALD B SUB IN Official Records Book: 22825 Page: 650 Sale Date: Aug -2008 Re\erse Side Legal. Description: DONALD B MC LOUTH SUB LTS 8 & SA Gianser auevnnauUu Name: NILSEN LARS All Owners Mailing Address: 930 INDIGO PT GULF STREAM FL 33483 6110 Sales Date Book /Page Price Sale Type Owner II Aug -2008 2282510650 $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 cxemptlons Exemption Information Unavailable. Tax Year: Improvement Value: Land Value: Total Market Value: 2008 2007 2006 628 960 960 $4,466,000 4 060 000 $4,060,00 0 4 466 82 $4,060,960 $4,060,96 0 Property Information Number of Units: 1 *Total Square Feet: 0 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Hssesseu anu laxa Die values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2067-1 2006 $4,466,82 4 060 960 $4,060,960 0 0 0 $4,466,828 4 060 960 4 060 960 2008 2007 2006 $72,984 $66,699 72 183 0 0 0 $72,984 $66,6991 72 183 Tax Collector WebSite 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. uslpapalaspxlweb /detail_ info .aspx ?p_entity= 2043460902000... 3/23/2009 \2fl § / )�0 )k� LLI (// \ o §02 - ( ; §G 8 w �( ( §i)` \ «§ ) §g¥\ _ \ \ ®[\ = x § IL 0 )( § « ) e § oee= § y /#r _ § \ ) ° ks § Z 4 m ! - \ so k §�w ( } LU } \ \_\ n�~ < ® \ ® � § / � k [ of /w m / »`e§ w wcr j \ (k[§ ^a§ \)) - u ± m0: ; w § �oU 0 /U)/ \U)\ J w \ °5® 9 ¥: /! 2 m k b Q §! ± !@ - 2 w §§ w r § m ° ® & [s § ) q 0 ( R 2k� �f | § ) 93 J. ul 2 ° w �/ E ] [/ �J ! §/ & \ § �S$ 2 %{ w � F- §J �� _ W- ■2 k 0 k K E w <20 �J §2§§85 co ! 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