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10/19/2009 * Case #CE-3-09 * Sununu
TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 CASE NO. cF 9 -09 DATE: 10 -19 -09 LOCATION OF VIOLATION: Charles V. Sununu 820 Canary Walk Gulf Stream, Florida 33483 I, William H. Thrasher , have personally examined the property described above and (Town Official /Inspector) Sec.22 -31(7) , Sec.22- 32(7)& Find that said property is (NOT) Nn compliance with Section(s)Gp, 97 -12(5) of the Code of the Town of Gulf Stream as 16th day of June , 20 09 AfSant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ?nth day of _(rtnllpr .20 og_ by Wi 11 i am H. Thrasher Town Official/Inspector, who is personally known to me or who has produced a Florida driver's license as identification who did /did not take an oath. (SEAL) a`; VN RRALTAYLOR I t MY COMMISSION I DO 494672 NOTARY PUBLIC r EXPIRES: February 21, 2010 n ° Badklhua49 Not" Sam State of Florida TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON October 19, 2009 Charles Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Telephone (561) 275 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR In reviewing the Code Violation Files I noticed that we did not send you an Affidavit of Compliance when you completed the repairs on your pool, and rotted porch roof. I have enclosed the Affidavit of Compliance herewith. If you have any questions, please give me a call. Very truly yours, Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 >�oro SOUTHERN POOL PLASTERERS, INC. u -19996 P.O. Box 564 Loxabatchee, FL 33470 561 -722 -7690 i Fax 561- 784 -7016 s` - poolredoayahoo.com Name & -' S U/, //t �a , Referred by Address Homenumber Q ���' 7J /other Ciry�ry/U_rSTi�L— �FJI'/ FL,3303 �Sub division � Main cross roads 4 w&ee:4 y& �P /.� S n/p Pool Resurfacing (Description of work to be performed) 1) Drain pool, using all our own equipment. 2) Prep entire pool, cut and chip under the tile and remove hollow areas. 3) Bond coat pool. Bond coat is a primer made by SGM to ensure roughness of the old surface for correct bonding of the new finish. This process may be omitted if sand blasted. ** See sand blasting below. 4) Apply two (2) coats of chosen color isl��1 , manufactured by 251— offering a Jd on. 1 ,_ year warranty. 5) Wash down pool, replace main drain cover and immediately begin filling your pool. Please allow water to run continuously until proper level has been achieved. Please call office so "fire up" date can be arranged. 6) Water filtration tanks for city water are included. 7) Start up chemicals with stabilizer for a One Time visit is included. TOTAL RESURFACING COST: Well Water Filtratio n 'ranks NOTE: If you have well water and the estimator neglected to notice. PLEASE notify the office immediately and realize the additional cost for this process is necessary in order to filter out the iron in the water. $350.00 OPTIONS I ) Tile over tile with choice of total linear feet _ w/ 31�0- R of cap tile. Price includes labor and tile from www.lauderdaletile.com / www.nptgonline.com / wivw.portobelloamericacom O� $ 2) Mosaic installation price is $40.00 each to save existing mosaics $60.00 each $ _ 3) Remove and replace existing coping and replace with coping choice of total linear feet $ _ 4) Re -grout water line tile. $ 5) Ogler Q �V IAA /l.U_rt1CA-- t.4 Su,—A\ $ 0 Fiber Optic Pool Light $700.00 installed / Standard Light Kit $210.00 / Color Bulb l $3' J / 25.00 TOTAL $ DEPOSIT $ _0 BALANCES 4 M_ .=4U Please mail check the day of plaster application. Checks not received within (5) days will be collected and an additional $50.00 charge will be applied. Your warranty will he issued following payment. Signature of acceptance Date Date of work to begin to be completed in 3-to days (weather permitting) OFFICE USE size spa . steps�T bench --Q fittings other estimat 0 L° 10-n I (Joo(. 2'N-1-0 (900 �1 l s &Qwc-� 1 � Mr. Charlie Sununu 820 Canary Walk Gulfstream, Florida 33483 May 20, 2009 Description of Building: Sununu Residence 820 Canary Walk Gulfstream, Florida 33483 Ron Bell, Inc. Roofing Contractor Re- roofing Repair & Maintenance Scope of Work: Work confined to rear flat roof area on the above described residence. b 561 - 737 -7507 Fax: 561 - 731 -0211 1515 N. Congress Ave Delray Beach, FL 33445 Info @GoodRoofer.com www.GoodRoofer.com Contract Document Flat Deck Re -Roof Description of Work: • Remove existing flat roofing system completely from the wood deck to allow for a smooth, clean application of the new roof. • Remove one to two courses of cement roof tile at intersection between slope and flat roof for proper tie in. • Re -nail existing sheathing to comply with current building codes. (See decayed wood contingency page 2.) • Install a fiberglass base sheet to plywood decking using tin tags and nails in full accordance with Florida State building codes requirements. Install new lead plumbing stack flashings to replace existing. • Install white enamel coated 26 gauge galvanized drip edge flashing at eaves of flat roof. • Adhere two layers of Glass Ply-4 fiberglass matting and a granular surfaced polyester reinforced modified bitumen cap sheet over base sheet on flat roof. • Sprinkle loose granules on overflow at seams and in areas detailed with modified roof cement. • Install at intersection between slope and flat roof to replace existing. • Sweep nails from drive and yard using magnet. • Clean up and remove all roofing debris. • Contract includes insurance (Worker's Compensation and General Liability), licenses, permits and fees. Additional. Work Included: • Replace 3 thick butts tile, 10 feild tile and repair 16 feild tile.on slope roof section. • Work confine to SE slope eve of rear porch, remove water divertor and decayed roofing underlaymenonstall 2x2 white drip edge, 301b roofing felt and modifide bitumen Install new tile in repair area as needed. Ron Bell, Inc. • Florida State Roofing Contractor - Lic. #CCC037003 - Fully insured & bondable. Decayed Wood Contingency: Decayed or damaged decking, if any, will be replaced at no additional charge, up to a maximum of two (2) sheets of plywood decking pr thirty (30) linear feet of dimensional lumber. Any additional required wood replacement will be added to the contract total at the following rate: $3.00 per square foot for plywood and $4.00 per linear foot for dimensional lumber. Rough sawn cedar fascia board or fire treated plywood replacement will incur additional charges. Hurricane Mitigation Requirements: Florida legislation ( §553.844 Florida Statutes) made effective on October 1812007, require homeowners to improve the roof -to -wall connections on their existing structure, under certain conditions. For further details see attached addendum or visit www.mysafefloridahome.net. Contract Price: Includes labor and materials in accordance with above specified work for the sum of: $ $,200.00 Payment Terms • 50% of Contract Price due upon signing of contract • Remaining 50% (plus wood bill), due upon completion of work. $ 2,600.00 An account is considered unpaid if we have not received payment 10 days after the date of the invoice. In that event, the account will be subject to a late charge.of $50.00. In the event an account remains unpaid 30 days after the date of the invoice, 1.5% finance charge per month will be added to the unpaid balance. Further delinquency will mean transferring the collection of unpaid balance plus late fee and any accrued finance charges to our collectors. If the account remains unpaid for 60 days after the date of the invoice, we will notify the credit reporting agencies of the delinquency, record a mechanics lien against the owner's property and begin civil suit proceedings for breach of contract. If it becomes necessary for either party to institute an action at law or inequity to enforce any obligation hereunder, then Ron Bell, Inc. shall be entitled to recover attorney's fees and court costs. Steel products, asphalt, isocyanurate and other roofing products are sometimes subject to unusual price volatility due to conditions that are beyond the control or anticipation of the Contractor. If there is a substantial increase in these or other roofing product costs between the date of the Contractor's proposal and the time when the work is to be performed, the amount of the contract may be increased to reflect the additional cost to the Contractor, upon submittal of written documentation and advance notice to Owner. Ron Bell, Inc. reserves the right to re- inspect the roof and adjust the price any time prior to signing the contract. Quoted price is valid for thirty (30) days from date of this proposal. Warranty: Workmanship and materials guaranteed against roof leaks for a period of five (5) years from completion of work on fully paid accounts. Warranty covers repair of repeat leak only and not consequential damages. Excluded from this guarantee are leaks caused by any one or more of the following items: • Hurricanes, hailstorms, lightening, tornadoes, windstorms, and/or any other natural or unnatural phenomena, as well as fire or explosion. • Damage caused by tradesmen such as maintenance men, air conditioning men, painters, cable or satellite TV workmen, window washers, gutter installers, etc: • Structural failures and wall settlement, cracking or failure of roof deck. • Defects, leaks or damage caused by negligent act of the owner, his employees or tenants. • Any other acts beyond our control. f]nn P.11 Inn . ClnrirVa Qf.fe Rnnfinn i`nnlranlnr . 1 ;n $(VVV1Q7/VlQ . Mdh, in cnrn..' P hnnrl�hln y Ron Bell, Inc. is not responsible for removal or reinstallation of gutters, downspouts, screen enclosures, solar units, A/C equipment or any priming or wner a rees to allow conve ' t t b 'ld' g• g men access o ur ng for men, materials and equipment and to hold harmless, Ron Bell, Inc., material suppliers and deliverymen for damage to driveway due to commercial trucks and equipment, except when damage is caused by drivers lack of caution, consideration or negligence. In no event shall Ron Bell, Inc. be liable for any special, incidental or consequential damages to the building or its contents resulting from, or in connection with, any failure or leak, unless negligent. Acceptance of ContMet: The preceding prices, specifications and conditions are satisfactory and are hereby accepted. Ron Bell, Inc. is authorized to accomplish the work as specified. Payments will be made as previously described above. This agreement contains a complete statement of all arrangements between parties, superseding all previous agreements whether expressed, written, or implied. Do not sign unless all areas are covered. Nam Signature: t e,q'1NY1V Date: ' z —'� I 2009 Acceptance: (Ron Bell, Inc.) Name: /-2•4 t,i K Ll c c� Sig Date: ,j 113 c�, 2009 ❑n., crdi o-,... er.re . i — ff1r ^f'na7nno . Cnlh, r.,o���..,.a r 'ab PFRMrr NUM13Ej_ , , NOTICE OF COMMENCEMENT The undersigned hereby given notice that Improvement will be made to certain real property, and in accordance with Chapter 713, Florida Sterna the following information is provided to the Notice of Commcaremcnl 1. D&SCRIPfION OF PROFERTY (Legal dcsCription and st1TCt 3ddRS5, if available) TAX FOI.10 NUMBER: SURDrvmom aI.00K TRACT IAT BLDG UMI'_ 2. CENBRALDESCRxmoN of muROVPMENT: 3. OWNER INFORMATION: a Near b. Ad6ve c futawt la PPW WY d Neme endd ofrea ample tide6ddw(U orb = duo Ovmer) 4. CONTRACTOR'S NAME, ADDRESS AND PHONE NUMBER: 5, SURETY'S NAME, ADDRE89 AND PHONE NUMBER AND SO" AMOUNT: 6. LENDER'S NAME, ADDRESS AND PHONE NUMBER: 7. persons within the State of Florida designated by Owner upon whom notices or other documeata may be served as provided by Section 713.13 (1) (a) 7., Florida'Stamms: NAME, ADDRESS AND PHONE NUMBER: S. in addition to himself or herself, Owner designates the following to receive a oopy of the Lienor's Notice as provided in Section 713.13 (1) (b), Florida Staddcs: NAME, ADDRESS AND PHONE NUMBER: 9. Expiration dam of notice of commencement (the expiration date is I year from the date of recording unless a different date is specified): . 20_ Stan of Florida County, of Palm Beach The foregoing insmun,mt was acknowledged before me this day of . 20 By as (came of person) (Type of atlthority,...e.g. officer, mistm, auomey in fact) . For (Dame of party on behalf of whom instrualemin was executed) . Personally known a _ produced the following type of identification: (Signatum of Notary Public) I declare that I have read the foregoing and that the fans in it =true to the best of my knowledge and ida Statutes). Authorized Offlarl Dimdor I ParmerlManager who dyed above: 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 May 14, 2009 Charles Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA LTAYLOR Hand Delivery Article 130 We are enclosing and Affidavit of Non - Compliance covering code violations at the above address, cited under Case #CE3 -09 The violations are failing to repair the rotted porch roof and failing to clean and paint the entire roof on the dwelling. At the hearing held on May 7, 2009 you were found in non - compliance, You were directed by the Special Magistrate to comply on or before June 7, 2009. Failing to do so within the time specified, a fine of $100.00 per day shall be assessed for each day the violations continue to exist... A Fine Assessment Hearing will be held before the Special Magistrate on the 9th day of June 2009 at 10:00 A.M. in the Town Hall, 100 Sea Road, Gulf Stream, Florida. Very truly yours, Rita L. Taylor Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 r j t S U 7 ❑D �� OTm om �-DI z X ? i _ �O On *� oN0 0.0 Cm 0 m G)� m n m m z °A Z3 a DA m0 w N• mm mm S O fnm Om A D m U) T U) O �Z m O On ZID {1 mC) N =� m c< rm <m o)) Csnc D m� � ❑ cn z m � m m9 DO n mi M 0, lid c m� C Mz T.D vU X C3 m D D. p 0 �~ _ 0 zm CD Z A ❑ N -a m m ? D z rvJ m m m 1 n m 0 P ? nm 0 n C ° om m r 7 .� r o w w m 0 .0 m In m M o 9 0 0 0 m O� w °D m 3 Z v O T C m r A m Om z C m A > f N N N N r m N 3 < ' _ A N-M m < m O N O NZ O O Nz 0 f3f1 m z Dy Dm O� m -Zi O 1 ° -Zi m m _ Z m °y °z °z z n z O cA X c p 3m { m [] N '3' �� > m w D { N m 0 N O N N w: O H. F-h ip'Sf rt r 0 o � a Z O F n m D y y m m rt co m z O -- C W O z m m O 'm �L �9 °m m O w w O 0 N T7 C m G < W W Li N 3 z m m N 03 0 O ° a D y Nm arllil =In Z x 0 A r m °o m o p m O0 m z C 0 m (n [�7 m p ° m m mm D =O ❑ ❑ ❑❑ �y -yj W m m 0 m* mX0-4 O z rn 7 <M�z ,ZDj r x m v m n N m m N 3 n m O F� (D W F' < _ m m IT D m= 0 m D < 't O O N � o T m X O 0 P+ 0 z z i p b n z z r = N 3 c v --I m ° 0 y ❑❑❑ y O Z 1 C1 O N N 0 m A N W A N p) mp j f/1 �N m 2D a n 9 N9 x N� x =z zm� ❑® m 0 0 z� Z Z z m CfOii 3 m Z Zm m m �m m am �z p�j m� y ,my N-{ TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 (circle one) CASE NO. CE 3 -09 LOCATION OF VIOLATION: Charles V. Sununu 1 �.. Gulf Stream. Florida 33483 I, DATE: 5 -14 -09 William H. Thrasher , have personally examined the property described above and (Town Official /Inspector Sec.22 -31(7) , Sec.22- 32(7)& Find that said property i (NOT) (1.') in compliance with Sectiou(s) Sec. 22- 32(5)of the Code of the Town of Gulf ream as of the 71 h day of 1„,a3, , 20 _ nq Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 14th day of May 20 09 by William H. Thrasher Town OfficiaUInspector, who is personally known to me or who has produced a Florida driver's license as identification who did /did not take an oath. (SEAL) Ot.y. *' RITALTAYLOR � w MYCOES:FebrN ry21,2010 NOTARY PUBLI DD QW2 p EXPIRES:FBbruery21,2010 2004 MW Th Bu* NoWry Swim State of Florida CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, V. CHARLES SUNUNU, Respondent. Case No. CE 3 -09 Re: Violation of Sections 22- 31(7), 22 -32(7) and 22- 32(5), of the Code of Ordinances of the Town of Gulf Stream. Address: 820 CANARY WAY Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 26 The Special Magistrate appointed by the Town Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 7s' day of May, 2009, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent, CHARLES SUNUNU, was present at the hearing and there was a finding of proper notice. 2. The Town Manager, testified to and introduced photographs of the violation. CONCLUSIONS OF LAW Respondent is in violation of Sections 22- 31(7), 22 -32(7) and 22- 32(5), of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that Respondent, CHARLES SUNUNU, shall comply with Sections 22-31(7),22-32(7) and 22- 32(5), of the Code of Ordinances of the Town of Gulf Stream on or before the 7t' day of June, 2009. If Respondent does not comply within the time specified, a fine of one - hundred - dollars ($100.00) per day shall be assessed for each day the violation continues to exist. A Fine Assessment Hearing will be held before the Special Magistrate on the 9`h day of June, 2009, at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 7�' day of May, 2009. TOWN OF GULF STREAM CODE E ORCEMENT BY: Special Magistrate . MINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, MAY 13, 2009, AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Magistrate Lara Donlon called the hearing to order at 10:04 A.M. The Magistrate administered the Oath to William Thrasher, Town Manager and Charles V. Sununu. The Special Magistrate instructed that the Town would first present their case and then the defendant could present his case with cross - examining to follow, if so desired. REPEAT VIOLATION - Stagnant water in swimming pool in violation of Article II, Section 22- 31 Paragraph (11) and (15) of the Gulf Stream Code of Ordinances. Town Manager Thrasher explained that this is a repeat violation of the original violation cited under CE2 -08. He further explained that a fine was assessed and the violation finally corrected. Mr. Thrasher noted that the fine had not been paid and a lien was filed against the property with interest accumulating. He added that the daily fine of $25.00 per day was discontinued when the violation was corrected but that the interest is still accumulating. Mr. Sununu was surprised, stating that he was unaware of the matter of the interest. At this time he was shown a letter the Town had sent to him advising of this. Mr. Sununu asked for a copy and was assured he would be receiving a copy. Town Manager Thrasher presented the following exhibits: 1) Statement of Repeat Violation and Notice of Hearing; 2) Section 22- 31(11) &15) of the Gulf Stream Code of Ordinances ; 3) Special Magistrates prior Order Assessing Fine on Case No. CEl -06 dated May 9, 2006; 4) Printout from Palm Beach Property Appraiser showing Mr. Sununu as the property owner; 5) Photos of stagnant pool taken on June 14, 2008; 6) Photos of the still stagnant pool taken on April 10, 2009; 7) Signed Return Receipt #127 for hand delivered notice along with Police Incident Report #09 -0659 showing Officer Tim Littieri delivered notice at 1800 firs. on 4 -9 -09. The photos were shown to Mr. Sununu and he acknowledged it is his pool in the photos. Special Magistrate Donlon asked Mr. Sununu to present his comments. Mr. Sununu stated he had been trying to get a settlement from his insurance company for several years to cover hurricane damages. He reported that on January 5, 2009 his attorney and the insurance company came to an agreement which was fmalized at the end of February 2009. He further reported that had has been ill ever since that time. Mr. Sununu advised that he had a proposal from a pool company but they had told him they could not repair the pool until the roof was repaired because the roof is so close to the pool. He further advised that the insurance company will send the money directly to the contractor so they will not commence until they receive an advance payment. Mr. Sununu stated that the pipes in the yard are not from the pool but are part of a solar system that was on the roof some time ago. He stated that after he had the pumped replaced it quit running again and he did not have the money to have it repaired, but the 1 Town of Gulf Stream May 7, 2009 Code Enforcement Hearing Page 2 proposal he now has includes a new pump and refinishing the entire pool. He added that he had trimmed all of the overgrown bushes. The Special Magistrate asked Mr. Thrasher if he had any questions to which he replied that he did. He then asked to review the documents and proposals to which Mr. Sununu referred. He then asked Mr. Sununu to point out on the $4,000 proposal where a new pump is listed. He advised that the pump is in the skimmer. Mr. Thrasher called attention to a letter from Citizens Insurance date January 5, 2009 stating that that a check in the amount of $39,912.49 had been forwarded to him. Mr. Sununu stated that one third of that went to his attorney, $8,000 plus toward his mortgage and the remainder to his medical bills. He further stated that there was an additional $21,000 that will come through a process known as "Law and Ordinance" which will be distributed directly to venders by Citizens Insurance to cover repairs. Mr. Thrasher asked Mr. Sununu if it would be possible to repair the pool first since it presents an immediate health and safety problem to both Mr. Sununu and the neighbors. Mr. Sununu replied that it is possible, but he will have to submit the proposal to Citizens to start the process. Mr. Thrasher requested that Mr. Sununu be allowed a maximum of 30 days to bring the pool into compliance which includes fencing around the pool and that failing to do so, be assessed a fine of $250.00 per day for each day after the 30 days. The Special Magistrate remarked that she did not see any mention of fencing in the violation so therefore would not be including that in her order. However, she pointed out that the fencing requirement is a state requirement and that should be corrected immediately. She advised Mr. Sununu that if the fence is not installed, the Town can immediately issue another Notice of Violation which she would be willing to hear in a very short time. Special Magistrate Donlon found that proper notice was given and remarked that this is a repeat violation and as such she usually immediately assesses fines. However, in this case, she will honor the request of the Town and ordered compliance by June 7, 2009, with a fine of $250.00 per day to commence on June 7, 2009 until compliance is accomplished. She advised Mr. Sununu that she could charge up to $500.00 per day since this is a repeat violation. Case No. CE3 -09; Charles Sununu, 820 Canary Walk Porch roof decayed, in a poor state of repair and entire roof needs to be cleaned and repainted in violation of Section 22- 31(7), Section 22 -32(7) and Section 22- 32(5). Town Manager Thrasher presented the following exhibits: 1) Statement of Violation and Notice of Hearing; 2) Sections 22- 31(7), 22 -32(7) and 22- 32(5); 3) Composite photos of roof dated June 14, 2008; 4) Printout from Palm Beach County Property Appraiser Office showing Mr. Sununu as the property owner; 5) Signed Return Receipt of Hand Delivered Article No. 127 along with Police Incident Report Case #09 -0659 covering the delivery made at 1800 hours on April 9, 2009; 6) Letter of January 5, 2009 from Citizens Insurance confirming claim payment of $37,912.49 and an additional $21,120.48 due when work is completed; 7) Proposal from Allied Roofing & Sheet Metal, Inc. covering roof repairs of $7,177.50 dated May 2, 2009. The Special Magistrate asked Mr. Sununu if he had any information as to how long it would be for Citizens Insurance to send the check to the vender after they received the proposal. He replied that he did not have this information. Mr. Sununu advised that the patio would be e I Town of Gulf Stream May 7, 2009 Code Enforcement Hearing Page 3 replaced and the remainder of the roof just repaired, all of which is estimated to take one week after the check is received. He further advised that he had a proposal to have the roof cleaned and repainted after the repairs are made. Mr. Thrasher asked Mr. Sununu if he had signed a contract with Allied Roofing to which he replied that he had not. He stated that he would not be doing this until Citizens sent the check because he did not want to be responsible to pay Allied unless he received the insurance payment. He also said that in his own mind he will use Allied for the work if the money is received. Town Manager Thrasher requested that Mr. Sununu be given 30 days to complete the work on the roof, which includes the cleaning and painting of the entire roof and that he be provided a copy of a letter from Citizens Insurance advising that the check had been sent to Allied Roofing within 48 hours after it has been received. Mr. Thrasher further requested that if the work is not completed by June 7, 2009, a fine of $100.00 per day be assessed until such time as compliance has been achieved. Special Magistrate Donlon found that proper notice was given and ordered that the roof repairs be completed within 30 days and that the Town receive a copy of the confirmation from Citizens Insurance that the check had been sent to Allied Roofing within 48 hours of receiving the confirmation. She further ordered that if Mr. Sununu fails to comply by June 13, 2009, a fine assessment hearing will be held before the Special Magistrate on a date and time to be determined and a fine of $100.00 per day shall be assessed for each day the violation continues to exist. There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:45 A.M. 2L K` 7 K-- Rita L. Taylor Town Clerk COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 8. DEVITT III CHRIS D. WHEELER MDRIEL J. ANDERSON June 20, 2008 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Mr. Charles Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Telephone (561) 27&5116 Fear (561) 737 -0186 Town Manager WILLIAM H.THRASHER Town Clerk RITA L. TAYLOR Hand Delivery Article No. 116 CERTIFIED MAIL RETURN CARD REQUESTED It has come to our attention that there are several code violations on the property owned by you at the above address. These violations are as follows: 1. There is stagnant water in the swimming pool in violation of Ordinance 04/4, Article II., Section 22 -31, Paragraph (15). It was noted that some of the pipes are disconnected and laying in the yard, violation of Ord. 04/4, Article II., Sec.2232,(7). 2. The edge of the roof over the open porch has rotted away and no attempt has been made to repair it. This is in violation of Ordinance 04/4, Article II., Section 22 -31, Paragraph (7) and Ordinance 04/4, Article II., Section22 -32, Paragraph(7). 3. The roof has not been cleaned /painted for sometime allowing it to become unsightly which is in violation of Ordinance 04/4, Article II., Section 22 -32, Paragraph (5). This is to be considered official notice to correct these violations within 15 days. Failing to comply with this order shall result in future action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a copy of which is enclosed along with copies of other sections mentioned herein. Very truly yours, William H. Thrasher Town Manager Encls. i4,kx - D- 44r-ty f kr7 C(,P -N-' tl- 7 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Ph. (561) 276 -5116 Zoning Department Fax (561) 737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASENO: CE 3 -09 4 -9 -09 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): _820 Canary Walk, Gulf Stream, FL 2. Legal Description: Lot 26 Place Au Soleil Subdivision 3. Name and address of owner /person in charge where violation(s) exist(s): Charles V. Sununu, 820 Canary Walk Gulf Stream FL 33483 4. Violation of Town Code Section(s) and description(s): S t i nn 22-310) & Sec. 22- 32(7); Edge of roof over open porch has rotted away and no ahem t made to repair it. Section 22- 32(5) ; The roof has not been c eane painte or sometime. (SEE ATTACHED "EXHIBITS OF VIOLATION') 5. Date of First Inspection: 6-14-08 6. Date owner first notified of violation(s): 6 -21 -08 7. Date on/by, which violations are to be corrected: 4 - y 3 - n g * * * * * * * * * * * * * * * * * * * * * * * * ** *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 5-7-09 at 10 A.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town Manager Town of Gulf Stream TI YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE 9-1-09 , 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 VIOLATIONS) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATION(S) 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. 2 By: Rita L. Taylor, Tow Clerk Town of Gulf Stre 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 NUISANCES § 22 -31 ARTICLE I. IN GENERAL Sec. 22 -1. Litter. (a) It shall be unlawful for any person to throw or discard from any automobile or vehicle, or otherwise to discard, throw or deposit any refuse, rubbish, trash, paper, bottles, cans, boxes or other containers, or any other thing or substance what- ever, on a street, road or highway in the town or on the property adjoining such street, road or highway. (b) It shall be unlawful for any person to throw or discard any filth, dirt, garbage, shells, trash or refuse or other thing in the waters of the Intracoastal Waterway (ICWW), in any canal, or the Atlantic Ocean, or in waters within the town limits or adjacent to the towft limits. This section shall apply to residents of the town, visitors or boaters. (c) This section shall not apply to persons or property owners residing in the town when depos- iting trash or rubbish in a proper place for collec- tion. (Code 1978, § 8 -5; Ord. No. 91 -10, § 1, 1- 21 -91) State law reference — Littering, F.S. § 403.413. Sec. 22 -2. Garage sales. (a) Definition. For the purposes of this section, the term "garage sales" shall mean any sale or offering for sale of personal property by a person, family or other household unit, such personal property having been acquired, possessed and used by the family or household for personal as opposed to business or commercial use, when such sale is to be or is conducted at the present residence of such family or household. "Garage sales" shall include sales commonly referred to as patio sales, driveway sales, yard sales and other such sales. (b) Prohibited. Garage sales are prohibited within the town limits. (Code 1978, § 8 -12) Sec. 22 -3. Unlicensed or abandoned motor vehicles. Any motor vehicle located on private property within the town that is unlicensed or is inopera- ble or abandoned is hereby declared to be a public nuisance affecting the public peace and safety and is prohibited unless such vehicle is stored inside of a building. (Ord. No. 03 -14, § 1, 4 -8 -04) Sec. 22-4. Obstacles to traffic and parldng. (a) It shall be unlawful for any person to place and/or maintain any obstructions within the pub- lic right -of -way of the town without first being given authority in writing by the town to place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees, walls, fences, traffic triangles, or other obstacles intended to impede traffic or parking or structures of any kind not previously approved in writing by the town. (b) Any obstacles placed in the town right -of- way in violation of this section may be immedi- ately and summarily removed by the town and shall be removed at the expense of the property owner. (c) Any person found to be in violation of this section shall be subject to the general penalty section of this code or, alternatively, shall be subject to the jurisdiction of the town's code enforcement process. (Ord. No. 04-4, § 1, 10 -8 -04) Editor's note— Ordineace No. 04-4, § 1, adopted October 8, 2004, set out provisions intended for use as § 22 -3. However, such section exists, therefore at the editor's discretion these provisions have been included as 22.4. Secs. 22- 5- 22 -30. Reserved. ARTICLE 11. UNSIGMLY, UNSAFE OR UNSANITARY CONDITIONS* Sec. 22 -31. Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: (1) Conditions in violation of any of the pro- visions in this chapter. *Editor's note—Ordinance No. 04-4, § 2, adopted October 8, 2004, repealed the former Art. II., §§ 22 -31 -2234, and enacted a new Art. II as set out herein. The former Art. H pertained to debris, rubbish, weeds and wild growth and derived from §§ 8- 8(a) —(c), 8 -7 of the 1978 Code. CD22:3 T�d § 22-31 GULF STREAM CODE (2) Rank vegetational growth that exudes unpleasant or noxious odors, high or rank vegetational growth that may conceal pools of water, trash or filth, or any other de- posits that may be detrimental to health. (3) Brush, weeds or grass that shall be greater than eight inches in height above the ground. (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. (5) Sand, soil or other fill material used in connection with or resulting from construc- tion projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or struc- tures, ruins of any kind or buildings, docks, walls or other structures in a fail- ing or dangerous condition. (8) Any condition which provides harborage for rats, mice, snakes, or other vermin. (9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located. (10) All unnecessary or unauthorized noises and annoying vibrations, including ani- mal noises. (11) All disagreeable or obnoxious odors and stenches, as well as the conditions, sub- stances, or other causes which give rise to the emission or generation of such odors and stenches. (12) The carcasses of animals or fowl not dis- posed of within a reasonable time after death. (13) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, commercial wastes, or other substances. (14) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained. (15) Any accumulation of stagnant water per- mitted or maintained on any lot or piece of ground. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreason- able quantities. (17) Any condition constituting a fire hazard. (18) Any worn -out, scrapped, partially disman- tled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, ma- chinery, metal, wastepaper, rags, glass- ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other. registration certificate specifically attached to the ve- hicle or part thereof, shall be prima facie evidence that such property is wom out, scrapped, nonoperative, unusable or dis- carded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind- blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. (Ord. No. 04 -4, § 2, 10 -8 -04) Sec. 22 -32. Foundations, structural mem- bers and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of three and one -half percent of its span. CD22:4 NUISANCES § 22.34 (2) Exterior walls shall be reasonably free of (2) State the legal description of the property cracks or holes through which weather on which the same exists or is main - elements can enter the building or struc- tained. ture, and all exterior surfacing material (3) State the estimated total cost which will shall be kept painted and in good repair. in the opinion of the town manager cover (3) Interior walls and ceilings shall be struc- the total cost of removing, suppressing or turally sound. abating same. (4) All windows and doors to the outside shall be constructed and maintained in such a condition as to exclude weather elements or insects entering. (5) The roof shall be constructed and main- tained so as not to leak. Roofs shall be kept clean and painted. (6) Every inside and outside stair, every porch and appurtenance thereto shall be con- structed so as to be safe to use and capa- ble of supporting the load that normal use may cause to be placed thereon, and in conformance with the building code, and shall be kept in sound condition and good repair. (4) The proportion of such cost proposed to be borne by the town, if any. (5) The proportion of such estimated amount which shall be borne by the owner or occupant of the premises involved. (6) (7) Accessory buildings and other appurte- nances such as swimming pools, tennis courts, walls, gates and fences situated on the premises shall be kept in a safe and good state of repair. (Ord. No. 04-4, § 2, 10 -5 -04) (7) Sec. 22 -33. Notice to abate; content. Whenever it is made to appear to the town manager, or the town's designee, after investiga- tion that a nuisance exists within the town pur- suant to the provisions of this chapter, the town manager or the town manager's designee shall forthwith prepare an estimate of the total cost of removing, suppressing or abating the nuisance and cause to be served upon the person owning, occupying or having the care or custody of any lot or parcel of land upon or in connection with such nuisance a written notice to remove, suppress or abate the nuisance. State that unless such prohibited act, occurrence or condition has been effec- tively removed, suppressed or abated on or before the time stated in the notice, to be not less than 15 days after service of the notice, the town will remove, suppress or abate the same and assess the cost of so doing, or such proportion thereof as it may deem equitable and just, against the owner or occupant of the premises in- volved, provided such assessment shall in no event exceed the proportion of the estimated amount set forth in the afore- mentioned notice to be borne by the owner or occupant of the premises involved; That such notice shall be served upon the owner, occupant or person having the care or custody of the particular property in- volved, if he or she be found upon the premises or within the town. In the event the owner, occupant or custodian cannot be found within the town after reasonable and diligent inquiry, such notice shall be posted in a conspicuous place upon the premises and a copy thereof mailed by certified mail, return receipt requested, and by regular mail, to the last known address of such owner, occupant or person having the care or custody of the land involved. (Ord. No. 04-4, § 2, 10 -5 -04) The notice shall: (1) Describe the prohibited act, occurrence or Sec. 22 -34. Hearing. 1 condition, in sufficient detail to plainly Any person owning or occupying the property identify same. removed or otherwise interested; who objects to CD22:5 § 22 -34 GULF STREAM CODE the proposed removal, suppression or abatement or levy of a special assessment under this subchapter, must present in writing to the town manager, his or her objections, within ten days of the mailing or posting of the notice and must request a hearing before the town commission, or the person shall have deemed to have consented thereto. The hearing shall be on the first regu- larly scheduled meeting following the request for the hearing. After the hearing, the town commis- sion, in the exercise of its discretion, may ap- prove, revise, modify or abandon the proposed action. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22 -35. Abatement by town. If at the time specified in the notice as provided in section 42 -91, the nuisance has not been re- moved, suppressed or abated, or in the event a hearing is held by the town commission and the notice is upheld in whole or in part, the town manager shall cause to be removed, suppressed or abated the nuisance referred to in the notice according to the terms set forth in the notice or, in the event of a hearing, in the manner approved by the town commission. (Ord. No. 04 -4, § 2, 10 -8 -04) Sec. 22-36. Levy of special assessment lien against property. (a) The town manager shall, as soon as prac- ticable and within 30 days after the completion of work as authorized in this subchapter, ascertain and determine the actual cost thereof and the respective portions to be borne by the town if any, and the owners or occupants of the property involved and, thereupon shall notify the owner or occupant, in writing, of the amount required to be borne by the owner or occupant. In the event said amount is not paid to the town within 30 days of the date of said notice in writing, the town com- mission, by resolution, fix, levy and impose a special assessment against the property involved in an amount not exceeding either the actual cost of the work, or the estimated special assessment stated in the notice. (2) Date of completion. (3) Total cost. (4) The proportion of such cost to be financed and defrayed by special assessment. (5) The unit or basis for distributing the amount to be specially assessed among the several parcels of property where more than one parcel is liable for assessment. (6) The fact that alien has been assessed by the town with a complete schedule or breakdown of the specific amount of spe- cial assessment levied and imposed against and upon each respective particular par- cel of property involved, showing in detail the description of the property, name of owner and amount of assessment as sev- erally and respectively levied and im- posed. (7) That such liens shall bear interest at a rate of eight percent per annum com- pounded unless paid within 30 days after publication of such resolution. (8) That the town clerk shall forthwith have prepared and filed of record, the amount of such lien assessed against each parcel of property, the date of completion of such work and such other information as may be deemed appropriate. (9) That the town clerk shall cause the reso- lution to be published by posting, or pub- lication in a newspaper, as required by law. (10) That the town shall have, assert and possess a lien, superior to all other claims, except taxes, against and upon the prop- erty as therein described for the respec- tive amounts of such special assessments as indicated above, together with interest and costs of collection. (11) Commanding the town manager to en- force collection thereof. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22-37. Civil actions. (b) The resolution shall specify the following: In addition to the other remedies and charges (1) Description of the work performed. provided in this article, the town attorney is CD22:6 J V C`\ y \` J 1 0 E r A' •1 It is C (oH C C), rC� C�J 1 Palm Beach County Property Appraiser Property Search System Page 1 of 1 Property Information Location Address: 820 CANARY WALK View Map Municipality: GULFSTREAM ( Calculate Parcel Control Number: 20- 43- 46- 04 -22- 000 -0260 l Portability l Subdivision: PLACE AU SOLIEL Proposed I Tax Notice Official Records Book: 14794 Page: 1202 Sale Date: Jan -2003 Reverse Side Legal Description: PLACE AU SOLEIL LT 26 VWner Ln[UrmdLlon Name: SUNUNU CHARLES V All Owners Mailing Address: 820 CANARY WALK GULFSTREAM FL 33483 6104 Odles LnrOrmation 2007 2006 Sales Date Book /Page Price Sale Type Owner Jan -2003 14794/1202 $10 WARRANTY DEED SUNUNU CHARLES V Jan -1991 10143/1288 $100 QUIT CLAIM Jan -1972 02069/0256 $12,000 WARRANTY DEED CAC1IIPLIVIIS Regular Homestead: $25,000 Year of Exemption: 2008 Additional Homestead: $25,000 Total: $50,000 Tax Year: Improvement Value: Land Value: Total Market Value: 2008 2007 2006 $118,422 149 968 151 117 $261,625 313 750 373 750 $380,047 $523,7181 $524,86, Property Information Number of Units: 1 *Total Square Feet: 2636 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 2006 169 769 164 824 160 804 50 000 25 000 25 000 $119,7691 139 824 $135,804 2008 1 2007 1 2006 2 138 2 297 2 41 156 126 122 2 29 $2,4231 $2,536 Tax Collector WebSite Structure Detall Tax Calculator Details NOTE: Lower the top and bottom margins to 0.25 on File - >Page Setup menu option in the browser to print the detail on one page. http: / /www.co. palm - beach. fl. us / papa /aspx/webldetail_info.aspx ?p_entity= 20434604220000... 5/6/2009 c� Z t�•J U) p ab H Q '{j C7 " N �\K 0. L N 1 n Q O N� W W� W W J W D F F Q U N U z wg o 0c7 0 0CD a m w o uaia N C b Z W }y} 2. < N < Vl w a W f Y •Li �% l� O F in W W w W W W W Q w ~ Q C� � i U 44 C) o z N m z U O O > a z_ N ca C) -+ �: > w J W =0 W 7� w f Q C W _ L) jr K m— m m N m W N m wU J O Z a w x U > > Z w U N F W m J p O IT Z fM7 U w C J Ir< LL Ir Cd E E O Q C 2 Y o p U a LL W 10 ° r J J ❑ W Q cn z F= >LL y U O oZ 4% 'O O zz F F coil K rn=I K V m Cain p W �= U vv> > — a° ZL) oQ ma- w a w w >� ¢ A d a�i a� ~>- UW mw a z c ° O � N U 3vwi °W¢ Mo pJ w LL w C Of LL N N � w C Q 2� C O W W H Q w U 7 U LL O i w U K ° Z W V d p U N (.1 W LL 3 a W Q z p LL ra om» so o >�> ❑ 4 o L r� J N 5C/]b� Z w W W y a wm w w°P w w C C7 `rW m mm ¢ ¢ °z Z Z z z0 z 0 0� 0 0 Y Y J� a' t t�D ® ®❑ ° ° S S 2a o Q aww z w > a2 a ar 2 o o o Q >> 0 a a� y 'mom z 'mom m m z z a ti U) CO 0 U a y z z ' z ' a Z ❑ ❑❑ U a z z UJ a a U U) U 0 S W ? IL N ? ° V N V a~ W V° > > Q Fm- W U F FS- w V W w w O 3 3U N It w w p p N I >. o o w w ZJ W > y w w Y O K w n W Q Y O d d O� UW E 3 3�Q ° °o N N ¢ 3 U) IL < W W ¢ 3 ❑ ❑ ❑❑ ° Q H F F N N p y Z Z m N U c R m i Q R N U cq z > W o o p p m w w U U w w m y y Q Q A W U •� O W F 2 I Ir F- O m m m m w w _ _Na ^ M m m O O w w � �� U[x] 00 O z z .- - -� J J C C > > CO O ''.TTY+ ^ w N 0 L w O O O O 7 ^� p N Q W N Z U Q Z W i Q W N O z W N \ L r� J N 5C/]b� C!TrZENS PROPERTY INSURANCE CORPORATION' PO BOX 19700 JACKSONVILLE, FL 32245 -9700 TELEPHONE (666) 858 -0649 January 5, 2009 Charles Sununu CITIZtwq ENS 820 Canary Walk tuxa n w matu®ttmc Gulfstream. FL 33483 RE: Citizens Claim Number: 232906 & 131645 -)7 Citizens Policy Number: 520742 1t Date of Loss: 10/24/05 & 9/04/04 13 K 6 Loss Location: 820 Canary walk, Gulfstream, FL 33483 g �� / Dear Charles Sununu, We have made a claim payment to you in the amount of 537,912.49 The payment was made as provided by year policy on the following coveraces: The appraisal panel determined that less than 25% of the roof was damaged as a result of wind, therefore, the Florida Building Code 2007, Chapter 15, Section 1521, item 1521.4 would not apply in this case. To make a claim for Ordinance or Law, we will need a rejection of repair from the building code officail stipulating the reasons for rejection. Nothing herein constitutes, nor should it be construed by you as a waiver of any of the rights or defenses of Citizens Property Insurance Corporation under its policy of insurance, nor is it the purpose of this letter agreement to waive any of the policy provisions, terms, or conditions all of which are expressly reserved. If your mortgage holder has been shown as a payee on your draft, please understand we are obligated to do so under the terms of your policy. Please contact mortgage holder for their procedures for endorsing payments. Very truly yours, Eric Finley Appraisal Unit (866) 858 -0649 Ext# 4732 cc: American Adjusters & Claims Arbitration, ) 1975 East Sunrise Blvd, Suite 860 FL Lauderdale, FL 33304 Appraisal Unit PO Box 19700 Jacksonville, FL 32245.9700 I �° S64,962.65 21,120.48 $1,500.00 5396.00 Replacement Cost (Award) Withheld until incurred 50.00 521, S0.00 50.00 Overhead & Profit $0.00 $0.00 S0.00 $0.00 Nonrecoverable Deprec $0.00 $0.00 $0.00 $0.00 Previous Payments / Advances 517,620.16 $0.00 5570.00 $396.00 Deductible 510,360.00 $0.00 50.00 $0.00 Net Payment 536,9.2.49 FALSE 5930.00 FALSE The appraisal panel determined that less than 25% of the roof was damaged as a result of wind, therefore, the Florida Building Code 2007, Chapter 15, Section 1521, item 1521.4 would not apply in this case. To make a claim for Ordinance or Law, we will need a rejection of repair from the building code officail stipulating the reasons for rejection. Nothing herein constitutes, nor should it be construed by you as a waiver of any of the rights or defenses of Citizens Property Insurance Corporation under its policy of insurance, nor is it the purpose of this letter agreement to waive any of the policy provisions, terms, or conditions all of which are expressly reserved. If your mortgage holder has been shown as a payee on your draft, please understand we are obligated to do so under the terms of your policy. Please contact mortgage holder for their procedures for endorsing payments. Very truly yours, Eric Finley Appraisal Unit (866) 858 -0649 Ext# 4732 cc: American Adjusters & Claims Arbitration, ) 1975 East Sunrise Blvd, Suite 860 FL Lauderdale, FL 33304 Appraisal Unit PO Box 19700 Jacksonville, FL 32245.9700 I �° loll /ED Roof/ 86 & 1NEET RIT914 /BC. CCC 1325516 MEMBER OF BBB. FRSA, NRCA. RCASF. RSI. TRI CGC 1507049 ww}v.alliedroofm�.cc LICENSEDAND INSURED Email: infa�aalliedroofing.ce 2801 NW 55A Ct Ste 5W Ft Lauderdale, Fl 33309 Tel. 954/485 -5922 954/485 -5912 Fax PROPOSAL & CONTRACT Charlie Sununu May 2, 2009 820 Canary Walk Gulf Stream, Fl. 33483 Thank you for allowing Allied Roofing & Sheet Metal to inspect and quote on the following re- roofing system at the above referenced location. We will provide labor and materials for the roof project and propose to do the following work as per the roofing specifications below. Roof Specs I. Remove the bottom two courses of existing tile (at slope to flat transition area) to the wood decking; clean the surface free of all dirt and debris, or a smooth workable surface. 2. Remove existing drip edge. 3. Remove the existing flat roof to the wood decking or to a smooth workable surface. 4. Remove all bad/rotted wood at no additional cost up to: 1201f of 2" x 4" rafters; ten (10) sheets of /:' plywood decking, 5011f. I" x 10" fascia board; 501f. 2" x 8" sub fascia board; this should cover outside perimeter of flat roof and approximately four feet (4') in from outside perimeter of flat roof. 5. If any additional bad/rotted wood is found, it will be replaced at $2.50 per square foot for decking and $4.50 per lineal foot for fascia and rafters, (pictures will be provided). 6. Re -nail existing flat roof deck to meet current building codes with the use of ring shank nails. 7. Install single layer of 43 lb. fiberglass base sheet on flat roof, secured to deck with tin caps and ring shank nails. 8. Install new drip edge (3 "0") on flat roof, to be made of galvanized metal. Color brown, white, or mill finish to be determined by owner. 9. We prime all metal surfaces before hot moping with asphalt primer. 10. Install new metal flashing at slope to flat transition area. 11. Provide and install one -ply IV fiberglass system set in hot asphalt. 12. Install single layer of SBS modified set in hot asphalt over entire flat roof area and up onto the slope to flat transition approx. 2'. We will sprinkle loose granules over asphalt on all bleed outs. 13. Replace bottom two courses of tile, (new file to match existing style and color close as possible. 14. Install new gutter system w /downspouts at perimeter of flat roof, (up to eighty (80117 total). 15. Remove all debris to legal disposal facility. 16. Provide an eight (8) year labor warranty on flat roof from Allied Roofing. investment: ........................................................................................................................................ $7,975.00 Less 10% Discount - $79750 $7,177.50 (Seven Thousand One Hundred Seventy-Seven Dollars and 50/100) Miscellaneous Performance and Agreements: We will pull permits and schedule inspections with the city building department. We will notify owner of commencement date so that vehicles in the immediate area can be moved prior to re- roofing. We will not be responsible for vehicles parked close to the work area. Owner most allow access. We will exercise caution when accessing property; however, we will not be responsible for lawn, driveway, sidewalk or pool damages. Dust and/or dirt may enter building during re- roofing; interior should be covered for protection. Exclusions: Furring; Shimming; Nailers; Substrates; Phasing of our work; Code upgrades; Custom Colors; Relief or saw cuts; Framing of supports; Storage of our materials; Engineering or Special Testing. Insurance: We are fully covered by workman's compensation, public liability and property damage insurance. A certificate of insurance is available upon request. Note: Quote price valid for thirty (30) days. T R.M : $500.00 deposit, 50% at start ofjob, balance upon completion. *NOTE: Above investment includes all applicable taxes and permitting fees. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. if you the buyer wish to cancel this transaction after your right to cancel has passed, you the buyer shall pay Allied Roofing & Sheet Metal, Inc. liquidated damages of $500.00 plus any Costs incurred. I, the undersigned owner and /or owner's agent do herby authorize Allied Roofing & Sheet Metal, Inc. to furnish all labor and materials required to complete the work according to the specifications, terms, conditions and hold harmless agreement on the front and back of this proposal and contract, for which we agree to pay amounts itemized above. ALLIED ROOFING & SHEET METAL INC. DATE Stan Whitlock OWNER/AGENT/CONTRACTOR ...m1b 3d1orla traft5nlan5htp Witt) tobap's tr011atagie5... DATE T 7 CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, MAY 7, 2009 AT 10:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. REPEAT VIOLATION -Case No. CE 2 -08: Charles V. Sununu, 820 Canary Walk; Stagnant water in swimming pool in violation of Article II, Section 22 -31 Paragraph (11) and (15) of the Gulf Stream Code of Ordinances. III. Case No. CE 3 -09: Charles V. Sununu, 820 Canary Walk, Gulf Stream, Florida; Edge of roof over open porch rotted away in violation of Section 22 -31(7) and Section 22- 32(7); Roof needs to be cleaned and /or painted to correct violation of Section 22 -32(5) of the Gulf Stream Code of Ordinances. IV. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 , -k Gwr.Ve 6 ;rt b� VAW- Pti 1975 East Sunrise Blvd., Suite 860 • Ft. Lauderdale, FL 33304 A0.IUSTER9 6 CLAIMS ARERRATION, rrc Phone: 954 -462 -5150 • Fax: 954- 337 -0120 • wwwstorml1com ALL LINES PUBLIC INSURANCE ADJUSTERS & PROPERTY LOSS CONStILTANTS September 23, 2008 COPY Citizens Property Insurance Attention: Appraisal Unit 8301 Cypress Plaza Drive Suite 500 Lauderdale Lakes, FL 32256 Re: Insured Policy No Claim No. Date of Loss Peril Dear Sir or Madam: Charles Sununu 5204782 232906 10/24/2005 Hurricane Wilma DEMAND FOR APPRAISAL Please be advised that the above referenced insured disagrees with your estimation of his loss and hereby demands appraisal pursuant to the provisions of his policy with you in order to resolve this dispute. As always, if you would like to discuss settlement prior to appraisal, please contact Mr. Jacob Pollock at 954 -462 -5150. We have enclosed our estimate for damages and have photos available for your review which will be emailed to you upon request. [NO REPAIRS HAVE BEEN MADE OTHER THAN TEMPORARY REPAIRS] The insured appoints David Glincher with Piper Claims and Arbitration, LLC. as his appraiser and requests that you appoint your appraiser and have him contact the undersigned within the specified 20 day period. Please be advised that we hold an authorization which is also an assignment of settlement proceeds. Accordingly, American Adjusters & Claims Arbitration, LLC should be listed as a payee on all drafts issued and all correspondence, including drafts, should be forwarded to this office at the address listed above. Should you have any questions concerning the above, please do not hesitate to contact the undersigned. Sin er�ly, Kat y Neill Appraisal Pr cessmg anager ENCLOSUR S cc: Jacob Pollock, J.D to -Nv-6 5' o = < < o o, 0< o -� k j k :E �� 0)C-)a T- G ( m >Im, m km �§ \\ 2 m mox0mo ; °8 ®qfS ; j m m )2 \\ \ �� /§;§ 0 e\ ) ) > m 3 # m § ! - m © § °° 0 a E \\ / | 9 "M I m o, g ] �m 2 )k § � � A§ j ° cn § S 0 k ®� e o ! �� 0m » § ) »x -0 > cn , M - �� 7 y slvi� § _\� _m \\ ) \§} }m\ / k ;o /� mG - |ne eo° e£)g § °° / V ��z (n U) ��� "� ) j § j cn m j \) ` ) \ / § �z Z § 3 \ k < \ j m all, § ` cn _ �/® / > oeE2 \ w - �/�{ / �m�` ) $k)) _ §ƒ @\ - z 7 ` ` \ -§R2 } \ o m %Xm �> \ ( §M , OO2§ S _ _ eeU) )§c j 0�o ( {o 2zw \E »)} m m m\)�M C3 ew 107JOOMMON!DO NJI Article Addressed To: Signature ot Tge-rit Article NO. 117 Date Delivered .. � d1' -`7d COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS 0. WHEELER MORIEL J. ANDERSON October 7, 2008 TOWN OF GULF STREAM BALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Charles V. Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Telephone (561) 276,5116 Fax (561) 737 -0186 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR HAND DELIVERY Article 117 On March 26, 2008 we delivered a Notice of Violation to you with regard to several Code Violations and ordered them to be corrected in 10 days. You phoned and advised that you had commenced by trimming trees and shrubs in the front of the property and indicated that you would continue. It now appears you did not continue beyond the front trimming. We find you in violation of Section 22 -32(5) in two regards. The roof needs to be cleaned and /or painted and extensive repairs are necessary along the edge of the patio roof at poolside. You are once again in violation of Section 22- 31(15)in that your pool is stagnant and in fact appears to be disconnected from the pump. This is to be considered official notice within 10 days. Failing to comply with future action as provided in Chapter 2, the Code of Ordinances, a copy of which copies of the Code Sections referred to Very trulty�rur�s , William H. Thrasher Town Manager Encls. to correct these violations this order shall result in Article III, Division 2 of is also enclosed, along with herein. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 " ��J J ��J 0 r �� N U I S A N C E S A R T I C L E I . I N G E N E R A L S e c . 2 2 - 1 . L i t t e r . ( a ) I t s h a l l b e u n l a w f u l f o r a n y p e r s o n t o t h r o w o r d i s c a r d f r o m a n y a u t o m o b i l e o r v e h i c l e , o r o t h e r w i s e t o d i s c a r d , t h r o w o r d e p o s i t a n y r e f u s e , r u b b i s h , t r a s h , p a p e r , b o t t l e s , c a n s , b o x e s o r o t h e r c o n t a i n e r s , o r a n y o t h e r t h i n g o r s u b s t a n c e w h a t - e v e r , o n a s t r e e t , r o a d o r h i g h w a y i n t h e t o w n o r o n t h e p r o p e r t y a d j o i n i n g s u c h s t r e e t , r o a d o r h i g h w a y . ( b ) I t s h a l l b e u n l a w f u l f o r a n y p e r s o n t o t h r o w o r d i s c a r d a n y f i l t h , d i r t , g a r b a g e , s h e l l s , t r a s h o r r e f u s e o r o t h e r t i l i n g i n t h e w a t e r s o f t h e I n t r a c o a s t a l W a t e r w a y ( I C W W ) , i n a n y c a n a l , o r t h e A t l a n t i c O c e a n , o r i n w a t e r s w i t h i n t h e t o w n l i m i t s o r a d j a c e n t t o t h e t o w n l i m i t s . T h i s s e c t i o n s h a l l a p p l y t o r e s i d e n t s o f t h e t o w n , v i s i t o r s o r b o a t e r s . ( c ) T h i s s e c t i o n s h a l l n o t a p p l y t o p e r s o n s o r p r o p e r t y o w n e r s r e s i d i n g i n t h e t o w n w h e n d e p o s - i t i n g t r a s h o r r u b b i s h i n a p r o p e r p l a c e f o r c o l l e c - t i o n . ( C o d e 1 9 7 8 , � 8 - 5 ; O r d . N o . 9 1 - 1 0 , � 1 , 1 - 2 1 - 9 1 ) S t a t e l a w r e f e r e n c e L i t t e r i n g , F . S . � 4 0 3 . 4 1 3 . S e c . 2 2 - 2 . G a r a g e s a l e s . ( a ) D e f i n i t i o n . F o r t h e p u r p o s e s o f t h i s s e c t i o n , t h e t e r m " g a r a g e s a l e s " s h a l l m e a n a n y s a l e o r o f f e r i n g f o r s a l e o f p e r s o n a l p r o p e r t y b y a p e r s o n , f a m i l y o r o t h e r h o u s e h o l d u n i t , s u c h p e r s o n a l p r o p e r t y h a v i n g b e e n a c q u i r e d , p o s s e s s e d a n d u s e d b y t h e f a m i l y o r h o u s e h o l d f o r p e r s o n a l a s o p p o s e d t o b u s i n e s s o r c o m m e r c i a l u s e , w h e n s u c h s a l e i s t o b e o r i s c o n d u c t e d a t t h e p r e s e n t r e s i d e n c e o f s u c h f a m i l y o r h o u s e h o l d . " G a r a g e s a l e s " s h a l l i n c l u d e s a l e s c o m m o n l y r e f e r r e d t o a s p a t i o s a l e s , d r i v e w a y s a l e s , y a r d s a l e s a n d o t h e r s u c h s a l e s . ( b ) P r o h i b i t e d . G a r a g e s a l e s a r e p r o h i b i t e d w i t h i n t h e t o w n l i m i t s . ( C o d e 1 9 7 8 , � 8 - 1 2 ) S e c . 2 2 - 3 . U n l i c e n s e d o r a b a n d o n e d m o t o r v e h i c l e s . A n y m o t o r v e h i c l e l o c a t e d o n p r i v a t e p r o p e r t y w i t h i n t h e t o w n t h a t i s u n l i c e n s e d o r i s m o p e r a - � 2 2 - 3 1 b l e o r a b a n d o n e d i s h e r e b y d e c l a r e d t o b e a p u b l i c n u i s a n c e a f f e c t i n g t h e p u b l i c p e a c e a n d s a f e t y a n d i s p r o h i b i t e d u n l e s s s u c h v e h i c l e i s s t o r e d i n s i d e o f a b u i l d i n g . ( O r d . N o . 0 3 - 1 4 , � 1 , 4 - 8 - 0 4 ) S e c . 2 2 - 4 . O b s t a c l e s t o t r a f f i c a n d p a r k i n g ( a ) I t s h a l l b e u n l a w f u l f o r a n y p e r s o n t o p l a c e a n d / o r m a i n t a i n a n y o b s t r u c t i o n s w i t h i n t h e p u b - l i c r i g h t - o f - w a y o f t h e t o w n w i t h o u t f i r s t b e i n g g i v e n a u t h o r i t y i n w r i t i n g b y t h e t o w n t o p l a c e s a i d o b s t r u c t i o n s . O b s t r u c t i o n s s h a l l i n c l u d e , b u t s h a l l n o t b e l i m i t e d t o , h e d g e s , t r e e s , w a l l s , f e n c e s , t r a f f i c t r i a n g l e s , o r o t h e r o b s t a c l e s i n t e n d e d t o i m p e d e t r a f f i c o r p a r k i n g o r s t r u c t u r e s o f a n y k i n d n o t p r e v i o u s l y a p p r o v e d i n w r i t i n g b y t h e t o w n . ( b ) A n y o b s t a c l e s p l a c e d i n t h e t o w n r i g h t - o f - w a y i n v i o l a t i o n o f t h i s s e c t i o n m a y b e i m m e d i - a t e l y a n d s u m m a r i l y r e m o v e d b y t h e t o w n a n d s h a l l b e r e m o v e d a t t h e e x p e n s e o f t h e p r o p e r t y o w n e r . ( c ) A n y p e r s o n f o u n d t o b e i n v i o l a t i o n o f t h i s s e c t i o n s h a l l b e s u b j e c t t o t h e g e n e r a l p e n a l t y s e c t i o n o f t h i s c o d e o r , a l t e r n a t i v e l y , s h a l l b e s u b j e c t t o t h e j u r i s d i c t i o n o f t h e t o w n ' s c o d e e n f o r c e m e n t p r o c e s s . ( O r d . N o . 0 4 4 , � 1 , 1 0 - 8 - 0 4 ) E d i t o r ' s n o t e O r d i n a n c e N o . 0 4 - 4 , � 1 , a d o p t e d O c t o b e r 8 , 2 0 0 4 , s e t o u t p r o v i s i o n s i n t e n d e d f o r u s e a s � 2 2 . 3 . H o w e v e r , s u c h s e c t i o n e x i s t s , t h e r e f o r e a t t h e e d i t o r ' s d i s c r e t i o n t h e s e p r o v i s i o n s h a v e b e e n i n c l u d e d a s 2 2 4 . S e c s . 2 2 - 5 - 2 2 - 3 0 . R e s e r v e d . A R T I C L E I I . U N S I G H T L Y , U N S A F E O R U N S A N I T A R Y C O N D I T I O N S * S e c . 2 2 - 3 1 . P r o h i b i t e d . I t s h a l l b e u n l a w f u l a n d s h a l l c o n s t i t u t e a n u i s a n c e f o r a n y o w n e r o f l a n d w i t h i n t h e t o w n t o h a v e o r p e r m i t t h e r e o n a n y : ( 1 ) C o n d i t i o n s i n v i o l a t i o n o f a n y o f t h e p r o - v i s i o n s i n t h i s c h a p t e r . * E d i t o r ' s n o t e O r d i n a n c e N o . 0 4 4 , � 2 , a d o p t e d O c t o b e r S . 2 0 0 4 , r e p e a l e d t h e f o r m e r A r t . I I . , � � 2 2 - 3 1 - 2 2 . 3 4 , a n d e n a c t e d a n e w A r t . I I a s s e t o u t h e r e i n . T h e f o r m e r A r t . I I p e r t a i n e d t o d e b r i s , r u b b i s h , w e e d s a n d w i l d g r o w t h a n d d e r i v e d f r o m � � 8 4 8 ( a ) - 4 c ) , 8 . 7 o f t h e 1 9 7 8 C o d e . C D 2 2 : 3 § 22 -31 GULF STREAM CODE (2) Rank vegetational growth that exudes unpleasant or noxious odors, high or rank vegetational growth that may conceal pools of water, trash or filth, or any other de- posits that may be detrimental to health. (3) Brush, weeds or grass that shall be greater than eight inches in height above the ground. (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. (5) Sand, soil or other fill material used in connection with or resulting from construc- tion projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or struc- tures, ruins of any kind or buildings, docks, walls or other structures in a fail- ing or dangerous condition. (8) Any condition which provides harborage for rats, mice, snakes, or other vermin. (9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located. (10) All unnecessary or unauthorized noises and annoying vibrations, including ani- mal noises. (11) All disagreeable or obnoxious odors and stenches, as well as the conditions, sub- stances, or other causes which give rise to the emission or generation of such odors and stenches. (12) The carcasses of animals or fowl not dis- posed of within a reasonable time after death. (13) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, commercial wastes, or other substances. (14) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained. (15) Any accumulation of stagnant water per- mitted or maintained on any lot or piece of ground. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreason- able quantities. (17) Any condition constituting a fire hazard. (18) Any worn -out, scrapped, partially disman- tled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, ma- chinery, metal, wastepaper, rags, glass- ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the ve- hicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or dis- carded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind- blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. (Ord. No. 04 -4, § 2,10-8-04) Sec. 22 -32. Foundations, structural mem- bers and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of three and one -half percent of its span. CD22:4 F__7I J • is NUISANCES § 22 -34 (2) Exterior walls shall be reasonably free of (2) State the legal description of the property cracks or holes through which weather on which the same exists or is main- elements can enter the building or strut- tained. ture, and all exterior surfacing material (3) State the estimated total cost which will shall be kept painted and in good repair. in the opinion of the town manager cover (3) Interior walls and ceilings shall be strut- the total cost of removing, suppressing or turally sound. abating same. (4) All windows and doors to the outside shall be constructed and maintained in such a condition as to exclude weather elements or insects entering. (5) The roof shall be constructed and main- tained so as not to leak. Roofs shall be kept clean and painted. (6) Every inside and outside stair, every porch and appurtenance thereto shall be con- structed so as to be safe to use and capa- ble of supporting the load that normal use may cause to be placed thereon, and in conformance with the building code, and shall be kept in sound condition and good repair. (7) Accessory buildings and other appurte- nances such as swimming pools, tennis courts, walls, gates and fences situated on the premises shall be kept in a safe and good state of repair. (Ord. No. 04-4, § 2, 10 -8 -04) Sec. 22.33. Notice to abate; content. Whenever it is made to appear to the town manager, or the town's designee, after investiga- tion that a nuisance exists within the town pur- suant to the provisions of this chapter, the town manager or the town manager's designee shall forthwith prepare an estimate of the total cost of removing, suppressing or abating the nuisance and cause to be served upon the person owning, occupying or having the care or custody of any lot or parcel of land upon or in connection with such nuisance a written notice to remove, suppress or abate the nuisance. The notice shall: (1) Describe the prohibited act, occurrence or condition, in sufficient detail to plainly identify same. (4) The proportion of such cost proposed to be borne by the town, if any. (5) The proportion of such estimated amount which shall be borne by the owner or occupant of the premises involved. (6) State that unless such prohibited act, occurrence or condition has been effec- tively removed, suppressed or abated on or before the time stated in the notice, to be not less than 15 days after service of the notice, the town will remove, suppress or abate the same and assess the cost of so doing, or such proportion thereof as it may deem equitable and just, against the owner or occupant of the premises in- volved, provided such assessment shall in no event exceed the proportion of the estimated amount set forth in the afore- mentioned notice to be borne by the owner or occupant of the premises involved; (7) That such notice shall be served upon the owner, occupant or person having the care or custody of the particular property in- volved, if he or she be found upon the premises or within the town. In the event the owner, occupant or custodian cannot be found within the town after reasonable and diligent inquiry, such notice shall be posted in a conspicuous place upon the premises and a copy thereof mailed by certified mail, return receipt requested, and by regular mail, to the last known address of such owner, occupant or person having the care or custody of the land involved. (Ord. No. 04 -4, § 2, 10 -8 -04) Sec. 22 -34. Hearing. Any person owning or occupying the property removed or otherwise interested, who objects to CD22:5 C, § 22 -34 GULF STREAM CODE . the proposed removal, suppression or abatement (2) Date of completion. or levy of a special assessment under this (3) Thtal cost. subchapter, must present in writing to the town manager, his or her objections, within ten days of (4) The proportion of such cost to be financed • the mailing or posting of the notice and must and defrayed by special assessment. request a hearing before the town commission, or (5) The unit or basis for distributing the the person shall have deemed to have consented amount to be specially assessed among thereto. The hearing shall be on the first regu- the several parcels of property where more larly scheduled meeting following the request for than one parcel is liable for assessment. the hearing. After the hearing, the town commis- sion, in the exercise of its discretion, may ap- (6) The fact that a lien has been assessed by prove, revise, modify or abandon the proposed the town with a complete schedule or action. breakdown of the specific amount of spe- (Ord. No. 04 -4, § 2, 10 -8 -04) cial assessment levied and imposed against and upon each respective particular par - Sec. 22 -35. Abatement by town. cel of property involved, showing in detail the description of the property, name of If at the time specified in the notice as provided owner and amount of assessment as Sev- in section 42 -91, the nuisance has not been re- erally and respectively levied and im- moved, suppressed or abated, or in the event a posed. hearing is held by the town commission and the (7) That such liens shall bear interest at a notice is upheld in whole or in part, the town manager shall cause to be removed, suppressed or rate of eight percent per annum com- abated the nuisance referred to in the notice pounded unless paid within 30 days after according to the terms set forth in the notice or, in Publication of such resolution. • the event of a hearing, in the manner approved by (8) That the town clerk shall forthwith have the town commission. prepared and filed of record, the amount (Ord. No. 04-4, § 2, 10 -8 -04) of such lien assessed against each parcel of property, the date of completion of such Sec. 22 -36. Levy of special assessment lien work and such other information as may against property. be deemed appropriate. (a) The town manager shall, as soon as prac- (9) That the town clerk shall cause the reso- ticable and within 30 days after the completion of lution to be published by posting, or pub - work as authorized in this subchapter, ascertain lication in a newspaper, as required by and determine the actual cost thereof and the law• respective portions to be borne by the town if any, (10) That the town shall have, assert and and the owners or occupants of the property possess a lien, superior to all other claims, involved and, thereupon shall notify the owner or except taxes, against and upon the prop - occupant, in writing, of the amount required to be erty as therein described for the respec- borne by the owner or occupant. In the event said tive amounts of such special assessments amount is not paid to the town within 30 days of as indicated above, together with interest the date of said notice in writing, the town com- and costs of collection. mission, by resolution, fix, levy and impose a special assessment against the property involved (11) Commanding the town manager to en- in an amount not exceeding either the actual cost force collection thereof. of the work, or the estimated special assessment (Ord. No. 04 -4, § 2, 10 -8 -04) stated in the notice. Sec. 22 -37. Civil actions. (b) The resolution shall specify the following: In addition to the other remedies and charges (1) Description of the work performed. provided in this article, the town attorney is CD22:6 ORDINANCE NO. 06/02 . AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 2, Administration, Article III, Boards and Commissions, Division 2, Code Enforcement, to read as follows: ARTICLE III. BOARDS AND COMMISSIONS DIVISION 2. CODE ENFORCEMENT Sec. 2-66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Guff Stream, Florida." • Sec. 2-67 Special ma6Wfmagistrate; term. (a) There is hereby established a special masterma is ra who shall be designated by the town commission. (b) The special mastermagis trate shall be appointed for a term of two years and shall bg appointed to serve in an x-officio cappQitv if th sp€dal magistrate serves other local cov rnment as a o & magistrate. Such service to Whpr lgcpl n emmpMe rinpe W - o..a.. duties inconsistent wdh sgrvino a pedal magistrate to the Town of_Qj& Stream.-- (c) The special siaetwM22j§ r shall be an attorney and a member of the Florida Bar. (d) The special masfermagistAt.E shall serve at the plea -sure of the town commission. (e) The special mastermaoistrate 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 masierm is r e; all hearings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special maste;Magi§ r 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 mamefma i r. 1 Sec. 2-68. Jurisdiction. (a) The special ma&t6qna1J= shall have the jurisdiction and • authority to hear and decide any alleged violations of the following chapters of the Code and ordinances of the town as the same may be amended from time to time: (1) Chapter 6, Animals; (2) Chapter 10, Businesses, Professions and Occupations; (3) Chapter 18, Emergency Systems; (4) Chapter 22, Nuisances; (5) Chapter 26, Offenses; (6) Chapter 38, Waterways; (7) Chapter 42, Buildings and Building Regulations; (8) Chapter 52, Marine Facilities, Structures and Places; and (9) Chapter 66, Zoning. (10) Chapter 70, Design Manual. (b) The jurisdiction of the special mastermaoistrate 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 responsibility for enforcement of that respective code or ordinance. Sec. 2-69. Enforcement procedure. (a) An employee of the town who is duly authorized 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 mas4erm2o when the code enforcement officer, upon personal investigation, has reasonable cause to believe that the person or persons are in violation of the codes cited in this division. Employees who may be designated as code enforcement officers may include but are not limited to, code inspectors, law enforcement officers, public works inspectors, fire safety inspectors, and zoning inspectors. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsection (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the special and request a hearing. The special mastermanistrate 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 masteUL istratg, notice may additionally be served by publication or posting as provided in section 2 -75. If the violation is corrected and then recurs or if the violation is not corrected by the time specked for correction by the code inspector, the case may be presented to the special ma6tefM22j9M11 even if the violation has been corrected prior to the special RlastefMagLsLrift hearing, the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required 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 masterm2-g1 trace and request a hearing. The special fRa&IeFM2_q:1LLr& shall schedule a hearing and shall provide notice pursuant to section 2 -75. The case may be presented to the special ma6te Ma2i§ r even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special R4a&tG9Djg:i2 r 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 i r . A repeat violation is a violation of a provision of a code or ordinance by a person whom the special aaasterma i r 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 irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the special FRa64OFM2Rj§j= and request a hearing. Sec. 2 -70. Conduct of hearings (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether • or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special a i tr to 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 Piaster a istr The special rmastermaatstrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the special rmastermamistrate 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 specked 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 purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns. Sec. 2-71. Powers. The special waster i e shall have the power to: 40 (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. Sec. 2 -72. Administrative fines, costs of re -pair; liens. (a) The special rHaste is upon notification by the code inspector that an order of the special rnasterrnac ®ist�rM 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 is 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 raa6terma ' . In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special mastermacistrate shall notify the local governing body, which may make all reasonable 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 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 FRaGtefW.Lq:19r& finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b), below. (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation, 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 Filaste mD_qisjr& finds the violation 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 R4as49+M22jkt—r& shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct 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 thereafter 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 judgment 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 pursuant 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 release 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 may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. Sec. 2-73. Duration. No lien provided under this division shall continue 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 continuation 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 fis pendens is recorded. Sec. 2-74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special Ma61ef—m22jsLrp.J1 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 a>a i "r. The appeal shall be filed within 30 days of the execution of the order to be appealed. 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 violators usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in this section, at the option of the special MaGtar Magja re, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during 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 Posting 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. Sec- 2-76. Procedure to request that a fine or lien imposed Pursuant to section 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine eNien -has been • imposed pursuant to section 2 -72 may apply to the special through the town attorney or his/her designee, for a satisfaction of the fine G;L a with less than full payment thereof. No such application shall be considered by the special rnastermaa 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 subject 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 corrected 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 special istr with less than full payment thereof, unless the special wlasteyn ei trot shall make a speck 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 raa6te istrate shall be paid on such terms as approved by the special maatar a i . being considered i is by a government lllortquasi-government entity, 10 0 • the special masterm 's r may reduce such fine even if the violation has not been corrected. Sec. 2.77. Provisions supplemental and cumulative. Nothing contained in this division shall in any way bar or prohibit the maintenance of a suit at law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from filing charges against any person, firm or corporation violating any town ordinance as provided by existing laws. This division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. Sec. 2 -78. Alternative code enforcement procedures. 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 ordinance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a definite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 7 PASSED AND ADOPTED in a regular, adjourned session on first reading this 5th day of May , 2006, and for a second and final reading an this 9th . day of June 2006. AT7 T: �— Clerk N:UCR \17147 -0110N Chapter 2 Code Enf.DOC Commissioner Commissioner wW 0 !/ I i `— I I i 1 i. �7 7 .� Y I�ijl i �� fir°. -i. o Mz E 5e; o m� Glga±� k k ) z0 § m§ /% j § \ //\ S" �� * m e ;G §mK § 2 ` on$ CD /§ =2���e \ \ c \ § -1 / - 0 rn § # mz zO M> \ k < ( � § m ( ) ■ ( / m 3 ma § | CD 0§ § /§ ; co r- � m ; 0 k ®� Zo ° e M zo @ \j m |0 2k 2 w m G% R ` K! all-I X ; _\§ _e; _m k{ (> ; ° 2;§ «q> § |q§ \(n z -i ol w m / ;2P z . ° |oV eo` ,z�2 g m ; » (m\ . a ] §; §� m K j _ 0 \\ -n � � k \G j m [ / § > w § £ r m sfalt) \ m 0 q _ - ( m `° m2 >§ ca cp m - -§m> 20 Em 5X42 /] §) ` ƒ@) / ! \ m {» m pp pm wk�M \ o z �> \ �M § ca 00E-4 - o,e� \ (�cn U) (n -1�m =�� !\2 ��j 5 §\2 § °2)E z mfm m §` \) )3 RETURN RECEIPT Article Addressed To: Charles V. Sununu 820 Canary Walk Gulf Strteacp, Fl, 3 1.5: A 7 q hT 51 %haFvr9, Article No. 115 Date De vered 3 2� 'rolt�c off-6 COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITf III CHRIS D. WHEELER MURIEL J. ANDERSON March 26, 2008 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Charles V. Sununu 820 Canary Walk Gulf Stream, Florida 33483 Dear Mr. Sununu: Telephone (561) 276-5116 Fax (561) 737-0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR HAND DELIVERY Article 4115 It has come to our attention that the roof on your home at the above address needs to be cleaned and /or painted. The condition of the roof is in violation of Section 22 -32(5) of the Gulf Stream Code of Ordinances, a copy of which is attached for your review. We also call to your attention that the shrubs on this property need to be trimmed as they have become unsightly with this overgrowth. This is to be considered official notice to Section 22 -32(5) within 10 days. Failing to shall result in future action as provided in Division 2 of the Code of Ordinances, a copy enclosed. Very truly yours, L✓ L 116g William H. Thrasher Town Manager Encls. correct the violation of comply with this order Chapter 2, Article III, of which is also 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Patin Beach County Property Appraiser Property Search System L ac= F Property Informatio7 Location Address: 820 CANARY WAL Municipality: GULF STREAM Parcel Control Number, 20- 43- 46- 04 -22- 000 -0260 Subdivision: PLACE AU SOLIEL Official Records Book: 14794 1202 Legal Description: PLACE AU SOLEIL LT 26 Jan -2003 Page I of 2 View Map Calculate Portability vWileg iniunuauun Name SUNUNU CHARLES V All Owners Mailing Address. 820 CANARY WAL GULFSTREAM FL 33483 6104 cxempcuons Regular Homestead: $25,000 Year of Exemption: 2007 Total: $25,000 -,.1 ------- Tax Yea. 7,-nprovement Valuc Land Valuc Total Market Value V $149,96 Sales Date Book /Page Price Sale Type Owner Jan -2003 14794/1202 $10 WARRANTY DEED SUNUNU CHARLES V Jan -1991 10143/1288 $100 QUIT CLAIM Jan -1972 02069/0256 $12,000 WARRANTY DEED cxempcuons Regular Homestead: $25,000 Year of Exemption: 2007 Total: $25,000 -,.1 ------- Tax Yea. 7,-nprovement Valuc Land Valuc Total Market Value 3roperty Information ?lumber of Units: 1 otal Square Feet: 2636 Use Coc9c:. 0100 RESIDENTIAL * in residential properties may indicate living area. Assessed and 7<s Tax Year Assessed Value L $164,8241 $160,804 $156,120 Structure Detail xemption Amoun' $25 000 $25,000 $25,000 Taxable Value aiIQ -R7a t14S RnAl tiz, ,an http: / /www.co.palin- beach.fl.usl papal aspx lwebldetail_info.aspx ?p_eiitity = 2043460422000... 3/25/2008 $149,96 $151,117 $162,381 $373,750 $373,7501 $200,000 $523,718_$524,8671 $362,381 3roperty Information ?lumber of Units: 1 otal Square Feet: 2636 Use Coc9c:. 0100 RESIDENTIAL * in residential properties may indicate living area. Assessed and 7<s Tax Year Assessed Value L $164,8241 $160,804 $156,120 Structure Detail xemption Amoun' $25 000 $25,000 $25,000 Taxable Value aiIQ -R7a t14S RnAl tiz, ,an http: / /www.co.palin- beach.fl.usl papal aspx lwebldetail_info.aspx ?p_eiitity = 2043460422000... 3/25/2008 . 0 NUISANCES § 22 -31 ARTICLE I. IN GENERAL Sec. 22 -1. Litter. (a) It shall be unlawful for any person to throw or discard from any automobile or vehicle, or otherwise to discard, throw or deposit any refuse, rubbish, trash, paper, bottles, cans, boxes or other containers, or any other thing or substance what- ever, on a street, road or highway in the town or on the property adjoining such street, road or highway. (b) It shall be unlawful for any person to throw or discard any filth, dirt, garbage, shells, trash or refuse or other thing in the waters of the Intracoastal Waterway (ICWW), in any canal, or the Atlantic Ocean, or in waters within the town limits or adjacent to the town limits. This section shall apply to residents of the town, visitors or boaters. (c) This section shall not apply to persons or property owners residing in the town when depos- iting trash or rubbish in a proper place for collec- tion. (Code 1978, § 8 -5; Ord. No. 91 -10, § 1, 1- 21 -91) State law reference — Littering, F.S. § 403.413. Sec. 22 -2. Garage sales. (a) Definition. For the purposes of this section, the term "garage sales" shall mean any sale or offering for sale of personal property by a person, family or other household unit, such personal property having been acquired, possessed and used by the family or household for personal as opposed to business or commercial use, when such sale is to be or is conducted at the present residence of such family or household. "Garage sales" shall include sales commonly referred to as patio sales, driveway sales, yard sales and other such sales. (b) Prohibited. Garage sales are prohibited within the town limits. (Code 1978,§ 8 -12) Sec. 22 -3. Unlicensed or abandoned motor vehicles. Any motor vehicle located on private property within the town that is unlicensed or is inopera- ble or abandoned is hereby declared to be a public nuisance affecting the public peace and safety and is prohibited unless such vehicle is stored inside of a building. (Ord. No. 03 -14, § 1, 4 -8 -04) Sec. 22-4. Obstacles to traffic and parking. (a) It shall be unlawful for any person to place and/or maintain any obstructions within the pub- lic right -of -way of the town without first being given authority in writing by the town to place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees, walls, fences, traffic triangles, or other obstacles intended to impede traffic or parking or structures of any kind not previously approved in writing by the town. (b) Any obstacles placed in the town right -of- way in violation of this section may be immedi- ately and summarily removed by the town and shall be removed at the expense of the property owner. (c) Any person found to be in violation of this section shall be subject to the general penalty section of this code or, alternatively, shall be subject to the jurisdiction of the town's code enforcement process. (Ord. No. 04-4, § 1, 10 -8 -04) Editor's note — Ordinance No. 044, § 1, adopted October 8, 2004, set out provisions intended for use as § 22 -3. However, such section exists, therefore at the editor's discretion these provisions have been included as 224. Secs. 22.5- 22 -30. Reserved. ARTICLE II. UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS* Sec. 22 -31. Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: (1) Conditions in violation of any of the pro- visions in this chapter. *Editor's note — Ordinance No. 04-4, § 2, adapted October 8, 2004, repealed the former Art. II., §§ 22- 31- 22 -34, and enacted a new Art. II as set out herein. The former Art. II pertained to debris, rubbish, weeds and wild growth and derived from §§ 8.8(a) —(c), 8 -7 of the 1978 Code. CD22:3 § 22 -31 GULF STREAM CODE (2) Rank vegetational growth that exudes unpleasant or noxious odors, high or rank vegetational growth that may conceal pools of water, trash or filth, or any other de- posits that may be detrimental to health. (3) Brush, weeds or grass that shall be greater than eight inches in height above the ground. (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. (5) Sand, soil or other fill material used in connection with or resulting from construc- tion projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or struc- tures, ruins of any kind or buildings, docks, walls or other structures in a fail- ing or dangerous condition. (8) Any condition which provides harborage for rats, mice, snakes, or other vermin. (9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located. (10) All unnecessary or unauthorized noises and annoying vibrations, including ani- mal noises. (11) All disagreeable or obnoxious odors and stenches, as well as the conditions, sub- stances, or other causes which give rise to the emission or generation of such odors and stenches. (12) The carcasses of animals or fowl not dis- posed of within a reasonable time after death. (13) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, commercial wastes, or other substances. (14) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained. (15) Any accumulation of stagnant water per- mitted or maintained on any lot or piece of ground. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreason- able quantities. (17) Any condition constituting a fire hazard. (18) Any worn -out, scrapped, partially disman- tled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, ma- chinery, metal, wastepaper, rags, glass- ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the ve- hicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or dis- carded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind- blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. (Ord. No. 04 -4, § 2, 10 -8 -04) Sec. 22 -32. Foundations, structural mem- bers and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of three and one -half percent of its span. CD22:4 I�I r J J C J • • " " " P - 7 I J N U I S A N C E S � 2 2 . 3 4 ( 2 ) E x t e r i o r w a l l s s h a l l b e r e a s o n a b l y f r e e o f ( 2 ) S t a t e t h e l e g a l d e s c r i p t i o n o f t h e p r o p e r t y c r a c k s o r h o l e s t h r o u g h w h i c h w e a t h e r o n w h i c h t h e s a m e e x i s t s o r i s m a i n - e l e m e n t s c a n e n t e r t h e b u i l d i n g o r s t r u t - t a i n e d . t u r e , a n d a l l e x t e r i o r s u r f a c i n g m a t e r i a l ( 3 ) S t a t e t h e e s t i m a t e d t o t a l c o s t w h i c h w i l l s h a l l b e k e p t p a i n t e d a n d i n g o o d r e p a i r . i n t h e o p i n i o n o f t h e t o w n m a n a g e r c o v e r ( 3 ) I n t e r i o r w a l l s a n d c e i l i n g s s h a l l b e s t r u t - t h e t o t a l c o s t o f r e m o v i n g , s u p p r e s s i n g o r t u r a l l y s o u n d . a b a t i n g s a m e . ( 4 ) A l l w i n d o w s a n d d o o r s t o t h e o u t s i d e s h a l l b e c o n s t r u c t e d a n d m a i n t a i n e d i n s u c h a c o n d i t i o n a s t o e x c l u d e w e a t h e r e l e m e n t s o r i n s e c t s e n t e r i n g . ( 5 ) T h e r o o f s h a l l b e c o n s t r u c t e d a n d m a i n - t a i n e d s o a s n o t t o l e a k . R o o f s s h a l l b e k e p t c l e a n a n d p a i n t e d . ( 6 ) E v e r y i n s i d e a n d o u t s i d e s t a i r , e v e r y p o r c h a n d a p p u r t e n a n c e t h e r e t o s h a l l b e c o n - s t r u c t e d s o a s t o b e s a f e t o u s e a n d c a p a - b l e o f s u p p o r t i n g t h e l o a d t h a t n o r m a l u s e m a y c a u s e t o b e p l a c e d t h e r e o n , a n d i n c o n f o r m a n c e w i t h t h e b u i l d i n g c o d e , a n d s h a l l b e k e p t i n s o u n d c o n d i t i o n a n d g o o d r e p a i r . ( 7 ) A c c e s s o r y b u i l d i n g s a n d o t h e r a p p u r t e - n a n c e s s u c h a s s w i m m i n g p o o l s , t e n n i s c o u r t s , w a l l s , g a t e s a n d f e n c e s s i t u a t e d o n t h e p r e m i s e s s h a l l b e k e p t i n a s a f e a n d g o o d s t a t e o f r e p a i r . ( O r d . N o . 0 4 - 4 , $ 2 , 1 0 - 8 - 0 4 ) S e c . 2 2 - 3 3 . N o t i c e t o a b a t e ; c o n t e n t . W h e n e v e r i t i s m a d e t o a p p e a r t o t h e t o w n m a n a g e r , o r t h e t o w n ' s d e s i g n e e , a f t e r i n v e s t i g a - t i o n t h a t a n u i s a n c e e x i s t s w i t h i n t h e t o w n p u r - s u a n t t o t h e p r o v i s i o n s o f t h i s c h a p t e r , t h e t o w n m a n a g e r o r t h e t o w n m a n a g e r ' s d e s i g n e e s h a l l f o r t h w i t h p r e p a r e a n e s t i m a t e o f t h e t o t a l c o s t o f r e m o v i n g , s u p p r e s s i n g o r a b a t i n g t h e n u i s a n c e a n d c a u s e t o b e s e r v e d u p o n t h e p e r s o n o w n i n g , o c c u p y i n g o r h a v i n g t h e c a r e o r c u s t o d y o f a n y l o t o r p a r c e l o f l a n d u p o n o r i n c o n n e c t i o n w i t h s u c h n u i s a n c e a w r i t t e n n o t i c e t o r e m o v e , s u p p r e s s o r a b a t e t h e n u i s a n c e . T h e n o t i c e s h a l l : ( 1 ) D e s c r i b e t h e p r o h i b i t e d a c t , o c c u r r e n c e o r c o n d i t i o n , i n s u f f i c i e n t d e t a i l t o p l a i n l y i d e n t i f y s a m e . ( 4 ) T h e p r o p o r t i o n o f s u c h c o s t p r o p o s e d t o b e b o r n e b y t h e t o w n , i f a n y . ( 5 ) T h e p r o p o r t i o n o f s u c h e s t i m a t e d a m o u n t w h i c h s h a l l b e b o r n e b y t h e o w n e r o r o c c u p a n t o f t h e p r e m i s e s i n v o l v e d . ( 6 ) S t a t e t h a t u n l e s s s u c h p r o h i b i t e d a c t , o c c u r r e n c e o r c o n d i t i o n h a s b e e n e f f e c - t i v e l y r e m o v e d , s u p p r e s s e d o r a b a t e d o n o r b e f o r e t h e t i m e s t a t e d i n t h e n o t i c e , t o b e n o t l e s s t h a n 1 5 d a y s a f t e r s e r v i c e o f t h e n o t i c e , t h e t o w n w i l l r e m o v e , s u p p r e s s o r a b a t e t h e s a m e a n d a s s e s s t h e c o s t o f s o d o i n g , o r s u c h p r o p o r t i o n t h e r e o f a s i t m a y d e e m e q u i t a b l e a n d j u s t , a g a i n s t t h e o w n e r o r o c c u p a n t o f t h e p r e m i s e s i n - v o l v e d , p r o v i d e d s u c h a s s e s s m e n t s h a l l i n n o e v e n t e x c e e d t h e p r o p o r t i o n o f t h e e s t i m a t e d a m o u n t s e t f o r t h i n t h e a f o r e - m e n t i o n e d n o t i c e t o b e b o r n e b y t h e o w n e r o r o c c u p a n t o f t h e p r e m i s e s i n v o l v e d ; ( 7 ) T h a t s u c h n o t i c e s h a l l b e s e r v e d u p o n t h e o w n e r , o c c u p a n t o r p e r s o n h a v i n g t h e c a r e o r c u s t o d y o f t h e p a r t i c u l a r p r o p e r t y i n - v o l v e d , i f h e o r s h e b e f o u n d u p o n t h e p r e m i s e s o r w i t h i n t h e t o w n . I n t h e e v e n t t h e o w n e r , o c c u p a n t o r c u s t o d i a n c a n n o t b e f o u n d w i t h i n t h e t o w n a f t e r r e a s o n a b l e a n d d i l i g e n t i n q u i r y , s u c h n o t i c e s h a l l b e p o s t e d i n a c o n s p i c u o u s p l a c e u p o n t h e p r e m i s e s a n d a c o p y t h e r e o f m a i l e d b y c e r t i f i e d m a i l , r e t u r n r e c e i p t r e q u e s t e d , a n d b y r e g u l a r m a i l , t o t h e l a s t k n o w n a d d r e s s o f s u c h o w n e r , o c c u p a n t o r p e r s o n h a v i n g t h e c a r e o r c u s t o d y o f t h e l a n d i n v o l v e d . ( O r d . N o . 0 4 - 4 , $ 2 , 1 0 - 8 - 0 4 ) S e c . 2 2 - 3 4 . H e a r i n g . A n y p e r s o n o w n i n g o r o c c u p y i n g t h e p r o p e r t y r e m o v e d o r o t h e r w i s e i n t e r e s t e d , w h o o b j e c t s t o C D 2 2 : 5 z• § 22 -34 GULF STREAM CODE (9) That the town clerk shall cause the reso- • the proposed removal, suppression or abatement (2) Date of completion. and determine the actual cost thereof and the or levy of a special assessment under this (3) 'Ibtal cost. and the owners or occupants of the property subchapter, must present in writing to the town involved and, thereupon shall notify the owner or except taxes, against and upon the prop - occupant, in writing, of the amount required to be manager, his or her objections, within ten days of (4) The proportion of such cost to be financed • the mailing or posting of the notice and must the date of said notice in writing, the town com- and defrayed by special assessment. mission, by resolution, fix, levy and impose a special assessment against the property involved request a hearing before the town commission, or (5) The unit or basis for distributing the of the work, or the estimated special assessment the person shall have deemed to have consented stated in the notice. amount to be specially assessed among thereto. The hearing shall be on the first regu- (b) The resolution shall specify the following: the several parcels of property where more larly scheduled meeting following the request for (1) Description of the work performed. than one parcel is liable for assessment. CD22:6 the hearing. After the hearing, the town commis- sion, in the exercise of its discretion, may ap- (6) The fact that a lien has been assessed by prove, revise, modify or abandon the proposed the town with a complete schedule or action. breakdown of the specific amount of spe- (Ord. No. 04-4, § 2, 10 -8 -04) cial assessment levied and imposed against and upon each respective particular par - Sec. 22 -35. Abatement by town. cel of property involved, showing in detail the description of the property, name of If at the time specified in the notice as provided owner and amount of assessment as Sev- in section 42 -91, the nuisance has not been re- erally and respectively levied and im- moved, suppressed or abated, or in the event a posed. hearing is held by the town commission and the notice is upheld in whole or in part, the town (q) That such liens shall bear interest at a manager shall cause to be removed, suppressed or rate of eight percent per annum com- abated the nuisance referred to the notice pounded unless paid within 30 days after according to the terms set forth in the notice or, in publication of such resolution. 40 the event of a hearing, in the manner approved by (8) That the town clerk shall forthwith have the town commission. prepared and filed of record, the amount (Ord. No. 04 -4, § 2, 10 -8 -04) of such lien assessed against each parcel of property, the date of completion of such Sec. 22.36. Levy of special assessment lien work and such other information as may against property. be deemed appropriate. (a) The town manager shall, as soon as prac- (9) That the town clerk shall cause the reso- ticable and within 30 days after the completion of lution to be published by posting, or pub - work as authorized in this subchapter, ascertain lication in a newspaper, as required by and determine the actual cost thereof and the law• respective portions to be borne by the town if any, (10) That the town shall have, assert and and the owners or occupants of the property possess a lien, superior to all other claims, involved and, thereupon shall notify the owner or except taxes, against and upon the prop - occupant, in writing, of the amount required to be erty as therein described for the respec- home by the owner or occupant. In the event said tive amounts of such special assessments amount is not paid to the town within 30 days of as indicated above, together with interest the date of said notice in writing, the town com- and costs of collection. mission, by resolution, fix, levy and impose a special assessment against the property involved (11) Commanding the town manager to en- in an amount not exceeding either the actual cost force collection thereof. of the work, or the estimated special assessment (Ord. No. 04 -4, § 2, 10 -8 -04) stated in the notice. Sec. 22 -37. Civil actions. (b) The resolution shall specify the following: In addition to the other remedies and charges (1) Description of the work performed. provided in this article, the town attorney is CD22:6 Q C rN n g e v C3( r Z {• �- BUILDINGS AND BUILDING REGULATIONS § 42.27 ARTICLE I. IN GENERAL Sec. 42 -1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town manager shall establish and main- tain a manual pertaining to construction stan- dards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others with respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 95 -4, §§ 1, 2, 7- 21 -95) Secs. 42- 8- 42 -25. Reserved. ARTICLE IL CONSTRUCTION STANDARDS Sec. 42 -26. Adoption of codes by reference. The town hereby adopts by reference the pro- visions of all building codes and building related codes in force and effect in the county as adopted or enacted by the state or the board of county i Supp. No. 1 CD42:3 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 and a fee established by the town's fee schedule shall be paid to the town for receipt of such permit. (d) If a construction trailer is parked within the town a permit shall be required therefor along with approval of the town commission, and a permit fee in the amount established in the town's fee schedule shall be paid to the town. The permit will be valid for a period of six months. (e) If a person fails to obtain a building permit where otherwise required within the town, the penalty fee applicable by the county in the amount of four times the regular fee due to the county CHAPTER 41 SWIMMING POOLS Page 10 of 15 R4101.14.3 Pit drainage. When the heater is installed in a pit, the pit shall be provided with approved drainage facilities. R4101.14.4 Connections. All water heating equipment shall be installed with flanges or union connection adjacent to the heater. R4101.14.5 Relief valve. When water heating equipment which is installed in a closed system has a valve between the appliance and the pool, a pressure relief valve shall be installed on the discharge side of the water heating equipment. For units up to and including 200,000 Btu /hour input, the relief valve shall be rated by the American Gas Association. R4101.15 Gas piping. Gas piping shall comply with the Florida Building Code, Fuel Gas. R4101.16 Electrical. Electrical wiring and equipment shall comply with Chapter 27 of the Florida Building Code. R4101.17 R4101.17 Residential swimming barrier requirement. Residential 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. R4101.17.1 Outdoor swimming pools. Outdoor swimming pools shall be provided with a barrier complying with R4101.17.1.1 through R4101.17.1.14 . R4101.17.1.1 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 bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the 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 vertical 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, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier as herein described below. One end of a removable child barrier shall not be removable without the aid of tools. Openings in any barrier shall not allow passage of a 4- inch - diameter (102 mm) sphere. http: / /infosolutions. com /icce/ gateway. di l /Florida ° /`20CustomIRes2004_FL /305/316/317 ?f =t... 3/8/2006