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04/21/2009 * Case #CE-2-09 * Lavoie
TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 (circle one) CASE NO. CF. 2 -09 LOCATION OF VIOLATION: 2775 Avenue Au Soleil Gulf Stream, Florida 33483 DATE: April 21, 2009 I, William Thrasher , have personally examined the property described above and (Town Official /Inspector Find that said property Is, (NOT ( in compliance with Section(s) 22- 31(15) of the Code of the Town of Gulf Stream as of the 1 ht-h day of April , 20 09 Following the Hearing of April 16, 2009, I drove Mr. Lavoie to his residence at 2775 Avenue Au Soleil and inspected the pool. I could not see the bottom and observed some type of larve pre ent in the water. The pump was running. 1�� / f Afant °� STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 21st day of �i,^..riI • 20 nq by w; 1 1 ; am x _ Thra shpr 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) iPt.� '!�¢ RITALTAYLOR �2 MY COMMISSION 100 49W2 NOTARY PUBLIC EXPIRES: February 21, 2010 Ilk h ,art Bv4mThmSucipthoWryawim 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 O. WHEELER MURIEL J. ANDERSON September 23, 2009 Mr. Richard Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 276.5116 Fax (561) 737.0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA L TAYLOR Please find enclosed a copy of the lien the Town has filed against your property at the above address. It has been recorded in the public records of Palm Beach County, Florida, on September 11, 2009 in Official Record Book 23441, Page 1302. Please be aware that the fines assessed by our Special Magistrate that began to accumulate on April 2, 2009 are still accumulating daily. They will continue to accumulate until such time that you advise the Town that the violations have been corrected and we make an inspection to confirm. Very truly yours, Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 RECORD AND RETURN TO: John C. Randolph, Esquire Jones; Foster; John3ton & Stubbs, P.A. Past Office Box 3475, WPB, FL 33402 -3475 WILL CALL #85 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING REPEAT VIOLATION AND IMPOSING FINE TOWN OF GULF STREAM, Petitioner, V. BSCHARD LAVOIE, Respondent. Case No. CE 1 -09 Re: Violation of Section 22 -31 (4), and 42 -26, of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIOL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF SR S & W OF FIND CNL 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 16th day of April, 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, RICHARD LAVOIE, was present at the hearing, however, there was a finding of proper notice. 2. The Town Manager testified to the violation and submitted photos and other evidence. CONCLUSIONS OF LAW Respondent is in repeat violation of Sections 22 -31 (4), and 42 -26 of the Code of Ordinances of the Town of Gulf Stream. rp -n :- r- M ex � � c c � gar Ms 0) 4. u, ci 0 o 0 0 p M M M m r> CA, C: ra n M co J 1 6J '7i cs r•i ryg by cs r� y cx rz CAr N L• It is the Order of the Code Enforcement Special Magistrate that a fine of five-hundred-dollars ($500.00) per day shall be assessed beginning April 2, 2009, in accordance with the above listed Code Sections of the Code of Ordinances of the Town of Gulf Stream for each day the violation continues to exist. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 160' day of April, 2009. TOWN OF GULF STREAM COD ORCE NT BY: Special Magistrate Clerk's Certificate STATE OF FLORIDA ) COUNTY OF PALM BEACH) ss: TOWN OF GULF STREAM ) I, Rita L. Taylor, hereby certify that I am the duly appointed and acting Clerk of the Town of Gulf Stream, Florida; that the foregoing is a true and correct copy of a Document, the original of which is on file in the Office of the Town Clerk of the Town of Gulf Stream, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Town, this 9th day of September A.D. 2009. (SEAL) � l�r Rita L. TayiXor Town Clerk 2 ®[ °k \R §2 00X 2 )7 22 /� �k§ ( (k �k\kQm )e `M° e e -� Qom §$r k 0) R§ M , >w ;@ >�;- ƒ !$2 m § ! S z! ` -§m X 7 .¢ )[ 3E mm /§ )M( ) \ \k »§ LCD ; S`§ -1 z /° > v 0 m 0� m & 9 } \� m K ` 32 | n �� j k \} ) 3 § 0/ e ® ° `m 2G .< o /) \ \> | °§� k� `K ! g a ; o ° o - m -ok § ° ; [ cz -n m C/) §q / 0 33VXa> - 2 m; e;0K -12 g 3m m9m�N c 22 jk W / anz & >2 ] ® E / +[, 7m; G = S �G` ))) 0 $ ` m@ c o >K am § /d §/ - §� -1 w ` `& ; G: § \ (> ) 6 _-` mq ! _ \ - § / )/ 2G - /7C) OOO= 92 0>m* #2 /) �o ®R Xo § $ §mEz )T§ w; /n2 m o 2 \S §2 ) )> § o _ } m (g F (_/ § § 2 § § a:-0 =t] , % , s` m m m �m \\ ., RETURN RECEIPT Article addressed to: Article No. Richard P. Lavoie 2775 Ave. Au Soleil 129 ~ Gulf Stream, M 334 Si ture a dressee or Date Delivered 2417 a3 ent bIgnature ©9 -0237 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN N. ORTHWEIN, Vice Mayor FRED R. DEVITT III CHRIS O. WHEELER MURIEL J. ANDERSON April 22, 2009 Sachs Sax Caplan Attorneys At Law Attn: Laura Coffy, Esq. Telephone (551) 276 -5116 Fax (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR Please find enclosed copies related to Case Numbers CE 1 -09 and 2 -09 assigned to your client Richard P. Lavoie. There are 35 pages at 150 per page for a total due the Town of $5.25. This is in reply to your Public Records Request dated April 20, 2009. /0. V76, a- Rita L. Taylor Town Clerk 100 SETA ROAD, GULF STREAM, FLORIDA 33483 20- Apr -09 03:18pm From -SACKS SAX CAPLAN +5618941692 T -726 P.002/002 F -070 SACHS SAX CAPLAN ATTORNEYS AT LAW Writ 200 6111 DROKEN 5WNO PARKWAY NW aorA ItA1oN. FLMDA 33487 1ELE%1ONL (561199+4499 LAURA COFFY, ESQ. ploauNE(5611237 -6863 l[o(fy®EEclawFlYm.com FAeuwu (SO) 994 -4985 April 20, 2009 VIA FACSIMILE 561-737-0188 Town of Gulf Stream Attn: Ms. Rita Taylor, Town Clerk 100 Sea Road Gulf Stream, FL 33483 Re: Richard P. Lavoie/Town of Gulf Stream Case No.: CE #1 -09 and CE # 2 -09 Dear Ms. Taylor: Our firm represents Mr. Richard P. Lavoie with regard to the above- referenced cases. Please provide our office with a copy of your complete file for each case referenced above. We understand that there is a $.15 per page charge for this request and that you or someone from your office will contact us with the total amount due. Thank you for your attention to this matter. Should you require any further information, please feel free to contact me or my assistant, Karen Lucas. Sinc rely, aura Corry LOC:kl I M:1k1K1dc\GU1f Stream 042009.doc 20- Apr -09 03:16pm From -SACHS SAX CAPLAN +5619941992 T -726 P.001/002 F -070 SACHS SAX CAPLAN facsimile TO: FAX NO.: TELEPHONE NO.: DATE: RE: FILE NO.: NO. PAGES: COMMENTS: Attorneys at Law 6111 Broken Sound Parkway NW Suite 200 Boca Raton, FL 33487 Telephone: (561) 994 -4499 Direct Dial: (561) 237 -6863 Facsimile: (561) 994 -49B5 from: Laura Coffy, Esq. Ms. Rita Taylor Town of Gulf Stream 561-737-0188 561 - 276 -5116 April 20, 2009 Richard P. Lavole/Town of Gulf Stream Your Case: CE# 1 -09 and CE# 2 -09 pncivaing coven Attached is letter of today's date. Thank you. X URGENTI PLEASE IMMEDIATELY HAND CARRY TO RECIPIENT RECIPIENT IS EXPECTING THIS FAX, PLEASE NOTIFY PLEASE LEAVE FOR PICK -UP BY RECIPIENT RESPONSE 15 REQUIRED NO RESPONSE 15 REQUIRED X FAX ONLY (NO HARD COPY TO BE MAILED) ORIGINAL TO BE MAILED THIS FACSIMILE CONTAINS PL ABOVE, If YOU ARE NOT THE I THE INTENDED RECIPIENT, Y1 INFORMATION IN IT, IS STRIC' SENDER BY TELEPHONE AND THE R USE OR PLEASE IN THE U.S. F ZU) a' op tD ui m JOZ 2 � W Z m T W 2 tO W w m w W U? 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I U- OC mom fCNK W y O OOWWUWZ a' Lv a' m ¢U OZ a Z U ~ W < > IL u - CC)-} g �Qm mF- W U N u O Ul m m ❑ wWa� a¢ a0¢OCW v ° ° O ~ of >� ~Z(LW 1M' W m ���W=❑ -U lL w OLL'F O> Z ~ m z 2w E ° K¢ Ci G N W S Q Y aJQOg= -J OF ❑ QZ=WMWQp V CLCn d g J W Wo�,¢��Z0 t� O OJ w u F- U)Lr;wWm 4 j d o (� f0 > w¢ - w J aw zm Q H 0 a }} F U) p z W¢U' z °omma d NZC7 >LL w 7 ❑ •6 w F U z Z p0 J U) gU) a LL W m W IL w w z W U) ❑ K W W W W J❑ Z = D O m J H _ a QQ m? °' ° a LL Fw., - ~ W V to UO zm Ww C°)C=7 CLL ° y W 1°11 r O a o0 �>i pm IL -<U) N N O K Q O WO K❑ W W J y x O ^Omw2 W N _ _ MF-N m v3 W Z L) z 0 W Q U) N L 0 U U0 W 3 O Q W z O=W -1200 W aU)ILh ON >F a'0 >� W> ❑ Y LLm 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 April 21, 2009 Richard P. Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR Hand Deliver Article 41129 We are encloding an Affidavit of Non - Compliance covering repeat code violations at the above address, cited under Case 411 -09. Deterioration of your lawn was previously cited under Case 412 -05, 413 -05 and 415 -06. The collapsed pool screen and temporary barrier was previously cited under Case 412 -06. At the hearing held on April 16, 2009, you were found in Non - Compliance and the Special Magistrate assessed a fine of $500.00 per day beginning on April 2, 2009 for each day these violations continue. A copy of this Order Finding Repeat Violation And Imposing Fine is enclosed. We are also enclosing an Affidavit of Non - Compliance covering a code violation of Section 22- 31(15) at the above address, cited under Case 412 -09. This is a violation for having stagnant water in the swimming pool. This resulted from my inspection of the pool following the hearing held on April 16, 2009, when I found the pool to still be stagnant. At the same hearing on April. 16, you in compliance regarding this to her that you had made repairs rendered the pool no longer stag of the Special Magistrates Order enclosed. 2009, the Special Magistrate found violation based on your sworn statement and provided treatment that had cant. No fine was imposed and a copy Finding Violation Case 412 -09 is When the various violations are corrected, call the Town Hall to arrange for an inspection. Very truly yours, William H. Thrasher Town Manager Encls. (4) 100 SEA ROAD, GULF STREAM, FLORIDA 33483 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent. Case No. CE 2 -09 Re: Violation of Section 22 -31 (15), of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIOL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF SR S & W OF FIND CNL 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 16s' day of April, 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, RICHARD LAV OIE, was present at the hearing, however, there was a finding of proper notice. 2. The Town Manager testified to the violation existing past the date set for compliance, and submitted photos and other evidence. 3. The Respondent testified that the property is now in compliance. CONCLUSIONS OF LAW Respondent was, but is no longer, in violation of Section 22 -31 (15) of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that Respondent, RICHARD LAVOIE, shall continue to comply with Section 22 -31 (15). Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to five- hundred - dollars ($500.00) per day may be imposed beginning on the date the violation begins. 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 16`h day of April, 20098. TOWN OF GULF STREAM COD A ORCEME T BY Special Magistrate APR,20 -2009 15:50 GLEN J. TORCIVIA P.002 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING VIOLATION TOWN OF GULF STREAM, Petitioner, V. RICHARD LAVOIE, Respondent. Case No. CE 2 -09 Re: Violation of Section 22 -31 (15), of the Code of Ordinances of the Town of Gulf Stream. Address: 2775 AVENUE AU SOLEIOL Gulf Stream, Florida Legal Description: PLACE AU SOLEIL LT 93, & 4- 46-43, ELY 110 FT OF WLY 272.58 FT OF SLY 70 FT OF N 100 FT OF SE 1/4 E OF SR S & W OF FIND CNL 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 16ffi day of April, 2009, and based on the evidence and testimonypresented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT The Respondent, RICHARD LAVOIE, was present at the hearing, however, there was a finding of proper notice. 2. The Town Manager testified to the violation existing past the date set for compliance, and submitted photos and other evidence. 3. The Respondent testified that the property is now in compliance, CONCLUSIONS OF LAW Respondent was, but is no longer, in violation of Section 22 -31 (15) of the Code of APR-20 -2009 15:50 GLEN J. TORCIVIA P.003 Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Magistrate that Respondent, RICHARD LAVOIE, shall continue to comply with Section 22 -31 (15). Future violations of the aforementioned code sections may be considered a repeat violation for which a fine of up to five- hundred- dollars ($500.00) per day may be imposed beginning on the date the violation begins. 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 16's day of April, 20098. TOWN OF GULF STREAM COD ORCEME i BY• Special Magistrate CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, APRIL 16, 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 1 -09: Richard Lavoie, 2775 Avenue Au Soleil; Deteriorating and unsightly lawn in violation of Section 22 -31(4) of the Gulf Stream Code of Ordinances and Swimming Pool-not properly screened in violation of Section 42 -26 of the Gulf Stream Code of Ordinances adopting State Bldg. Code by reference Section R4104.17 (temporary barrier collapsed) III. Case No. CE 2 -09: Richard Lavoie, 2775 Avenue Au Soleil; Stagnant water in swimming pool in violation of Article II, Section 22 -31, Paragraph (15) of the Gulf Stream Code of Ordinances. 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 MINUTES OF THE CODE ENFORCEMENT HEARING HELD BY THE SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, APRIL 16, 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 10:00 A.M. The Magistrate administered the Oath to William Thrasher, Town Manager and Richard Lavoie. The Special Magistrate instructed that the Town would first present their case and then the defendant could present his case and cross - examine if, so desired. Case No. CE 1 -09: Richard Lavoie, 2775 Avenue An Soleil REPEAT VIOLATION - Deteriorating and unsightly lawn in violation of Section 22 -31(4) of the Gulf Stream Code of Ordinances and swimming pool not properly screened in violation of Section 42 -26 of the Gulf Stream Code of Ordinances adopting State Building Code by reference Section R4104.17 (temporary barrier collapsed). Mr. Thrasher explained that these are repeat violations of the original violations cited under CE2 -05 and CE3 -05. He presented the following exhibits: 1) Statement of Repeat Violation and Notice of Hearing and a certified US mail receipt; 2) Composite photographs of the dead grass and pool taken 3/17/08; 3) Sections. 22 -31 and 42 -26 of Town of Gulf Stream Code of Ordinance and Section R4101.17 of State of FL Building Code; 4) Unclaimed certified mailed addressed to Mr. Lavoie; 5) Affidavit signed by the Town Clerk; 6) Incident report dated 3/17/09 indicating the property is neglected; 7) Incident report dated 4/2/09 of return receipt signed by Mr. Lavoie; 8) Orders Finding Violation from Case Nos. CE2 -05, CE2 -06, CE3 -05 and CE5 -06; 9) Printout from Palm Beach County Property Appraiser showing Mr. Lavoie as the property owner; The Magistrate asked if Mr. Lavoie had any comments. Mr. Lavoie explained that he is a full time resident of Gulf Stream but was out of the country from 3/17/09 to 4/1/09. He stated that when he returned home he saw the Notice of Violation posted in front of his door, which he removed. He stated that he was not irrigating his lawn regularly because of the Town's water restrictions. He added that he installed a new sprinkler system but his water bills were very expensive so he doesn't use it, but waters by hand. Mr. Lavoie stated that his screen enclosure was destroyed several years ago during a hurricane and a temporary orange contractors fence was installed. He stated that because he was out of town, the weeds had grown around the fence and it had collapsed. Special Magistrate Donlon asked the Town Manager what he would recommend on behalf of the Town to adjudicate this matter. Mr. Thrasher stated that because the home owner is away, he should not be relieved or exonerated from the responsibility or upkeep and care of his property. He added that this is a repeat violation and he requested that a fine of $500.00 per day be assessed from 4/2/09 until the pool enclosure is replaced. Town of Gulf Stream April 16, 2009 Code Enforcement Hearing Page 2 Magistrate Donlon ordered that a fine of five- hundred - dollars ($500.00) per day shall be assessed beginning April 2, 2009, in accordance with Sections 22 -31(4) and 42 -26 of the Code of Ordinances of the Town of Gulf Stream for each day the violation continues to exist. Upon compliance, it is the responsibility of the Respondent to notify the Gulf Stream Code Enforcement Clerk at 561- 276 -5116 to request a reinspection of the property. Case No. CE 2 -09; Richard Lavoie, 2775 Avenue Au Soleil Stagnant water in swimming pool in violation of Article II, Section 22 -31, Paragraph (15) of the Gulf Stream Code of Ordinances. Town Manager Thrasher explained that the hearing is concerning stagnant water in the swimming pool. He presented the following exhibits: 1) Statement of Violation and Notice of Hearing ; 2) Section 22 -31 (15) of Town of Gulf Stream Code of Ordinance; 3) Certified mail signed by Mr. Lavoie; 4) Return receipt signed by Mr. Lavoie; 5) Composite photographs of the dead grass and pool taken 3/17/08; 6) Incident report dated 4/2/09 of delivery of Article #125 signed by Mr. Lavoie; 7) Hand delivered Notice of Violation dated 3/20/2009; 8) Incident report dated 3/17/09 stating property is neglected; 9) Printout from Palm Beach County Property Appraiser showing Mr. Lavoie as the property owner. He stated that since his return, he has installed a new pool pump and added several pounds of shock to the pool, which is now clear. Special Magistrate Donlon asked if anyone from the Town had seen the pool since it has been cleaned. The Town Manager stated that no one had seen the pool. The Magistrate ruled that pool has met compliance and shall continue to comply with Section 22- 31(15) of the Gulf Stream Town Code of Ordinances. Magistrate Donlon added that future violation of the aforementioned Code Sections may be considered a repeat violation for which a fine of up to five- hundred - dollars ($500.00) per day may be imposed beginning on the date the violation begins. There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:55 A.M. 'E. Eckert, CMC Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Zoning Department CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 2 -09 Ph. (561) 276 -5116 Fax (561) 737 -0188 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. Location/Address where violation(s) exist(s): 2775 Avenue Au Soleil, Gulf Stream, FL 2. Legal Description: Tnt 9A, Plare A„ Sn1e;1 F, 4- 46, -43, Fly 110' of jay 277 58' of Sly 70' of N 100' of SE U of 3. Name and address of owner /person in charge where violation(s) exist(s): Richard P. Iavoie , 2775 Avenue Au Soleil. Gulf Stream, Florida 33483 4. Violation of Town Code Section(s) and description(s): Art-; rl e IT, GPrr 22 -31 Paragraph (15). There is stagnant water in the swinming pool. (SEE ATTACHED "EXHIBITS OF VIOLATION") 5. Date of First Inspection: 3 -17 -09 6. Date owner first notified of violation(s): Let_t_ers Gent 3 -20 -09 7. Date on/by, which violations are to be corrected: 3 -31 -09 * * * * * * * * * * * * * * * * * * * * * * * * ** *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 4 -16 -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 2t� - 4TZ � William H. Thrasher, Town Manager Town of Gulf Stream T-- I YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND D CRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE 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. By: Rita L. Taylor, Xown Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 NUISANCES 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 tow n 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- § 22 -31 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. 04.4, § 1, adopted October 8, 2004, set out provisions intended for use as § 22-3. However, such section edsts, therefore at the editor's discretion these provisions have been included as 22-4. Secs. 22- 5- 22 -30. Reserved. ARTICLE H. 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, adopted October 8, 2004, repealed the former Ark II., §§ 22- 31- 22 -34, end 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 i -a § 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. (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 (10) All unnecessary or unauthorized noises state of disrepair or ruin so as to allow and annoying vibrations, including ani- erosion to land adjacent thereto. mal noises. (Ord. No. 04 -4, § 2, 10 -8 -04) (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. 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. 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Lavoie 125 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Signature (addressee ( /or Date Delivered Ageit Sign ure 41AN 1'� -1 �a CO n 14 :- .1. 0 V N O �O �P (AI v a a ° G ! G -mR2] @§ }Z § $ - ; =! 7 A () 2 ( / m /§ /-1)nom K 3] q q ;uFnm \3 2 ` $` °S At 0E5 J /2 \ ❑ k ) �� \�,�z§ k | cn 00 ; f \ )) / ) ) ] ;0z L� C / - \0 �� ;m I$ © a m & }k z§ k ` �2 m | (2 j ; B )§ e ! \ g� ° (§ ! m g \ o, t d ) \ o ! a(' § §! Ag 2 $ ° ` k §$k k § ) > z- -I \ - |3| § z mne ek§( e ® | § k $ �) [%/ §z ( ) ® 7 f 0, \ \N� 0 ;m M o ) § § m R M m - ) /S(f ` 7 �-1 _ "/( ( / \-0 m z Gk =0 o Eeo s ) / ! §; _\ §/ d /2 @) 0 m )`* \ ` �§n« ; o ( �7 - . \k \ \) 0 ° §k ) / 220§ M ! §_; y /?® m j 2 2 ( \k 0zm »)) `)m ^m \) }§ TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 8. OEVITr III CHRIS 0. WHEELER MURIEL J. ANDERSON March 20, 2009 Richard P. Lavoie 2775 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. Lavoie: NOTICE OF VIOLATION Telephone (561) 276.5116 Fax (561) 737.8188 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR HAND DELIVER Article #125 CERTIFIED MAIL RETURN RECEIPT REQUESTED While following on several repeat violations on your property at at 2775 Avenue Au Soliel, it was discovered that in addition to the repeat violations there is stagnant water in the swimming pool in violation of Article II, Sec. 22 -31, Paragraph (15) of the Gulf Stream Code of Ordinances. This is to be considered official notice to correct this violation by March 31, 2009. 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.. Veer truly yours, William Thrash Town Manager Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 -- 7 0 0,> e G « o z qm ,<�oe� e! )(7£ \= § - [ gm /g60*m [ § m222`K-0 m m ) k Sn - ) ®03 0000\$ -- K _ m, 0mz -in §e) @ , ` : ; & oo>> m ; G§ > )j§ ) w z ` \k\(\� o / / / §) ] 2� m zz § - cnM § ] ° a m ƒ \ § m>Fd< \; ;§ ;awm0> KM / } ( v mm®R —j o eV m 2A §$ /\) - 9 ° CD [ - ` §zo:,� no=M =/ m § R] | mm>zzm2 m k em®a)gm §)§0250 j co 2£�$ \f* mo,ce2� , ! a s� Mrm0K e o , ` e ® §0 m ; 0 °2mc @ >M- ) n§ k \ § /)m §\ * §° �� � 2§F /[\§ 2(k - - § - \k Z - -I , $ »2\ - � §3k k33 0 —1 2 /yy N ,o° oK�0 g m 3 °)o �® § 0o: -n c \ �j� -, (im 0 / ) § k 2 \ _ o«z \ \N� \m�K §\ k a2§ ,- ƒ Z m ®2$G� 0 w § / // E\9 0m2 )§c§§ § `& �@` �{ \2® § & )]§G) _ _ 2 coo > \ / §�( «` §[ \f2 �q ®} 222E > !§; ` °° » /\ /ƒ `a)�z A( ®R 7§ @z § m X })\/ gee /`} a!($y ;,B§ g q,$£ ®§§: - /§ §wGK; - �� - (M §3m=o ,a; /; § §_; 022§ $ }gym¢ ; oe,� /, §/S -em 2#§ 2 k {k k {\ 20.)§ 22§ /)$ �\\ e82 X m =a 'alm Beach County Property Appraiser Property Search System Page I of I Property Information Location Address: 2775 AVENUE AU SOLEIL Municipality: GULF STREAM Calculate Parcel Control Number: 20- 43- 46- 04 -22- 000 -0930 Subdivision: PLACE AU SOLIEL Proposed Official Records Book: 16048 Page: 252 Sale Date: 3un -2003 Reverse Side PLACE AU SOLEIL LT 93, & 4- 46 -43, ELY 110 FT OF WLY 272.58 FT OF SLY Legal-Description: 70 FT OF N 100 FT OF SE I /4EOF Owner Information Name: LAVOIE RICHARD P All OWn Mailing Address: 2775 AVENUE AU SOLEIL GULFSTREAM FL 33483 6133 sales imurrneuon 2007 2006 Sales Date Book /Page Price Sale.Type Owner Jun -2003 1604810252 $0 REP DEED LAVOIE RICHARD P Nov -1980 0381810158 $100 QUIT CLAIM LA VOIE GILDA M EST & oxempnons Regular Homestead: $25,000 Year of Exemption: 2008 Additional Homestead: $25,000 Total: $50,000 stssesseu anu i axaoie values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 2006 457 890 Tax Year: 2008 50 000 2007 0 Property Information Improvement Value: $135,890 198 67 Number of Units: 1 Land Value: $322,000 $460,00 M61 *Total Square Feet: 2719 Total Market Value: $457,890 $658,67 6 Acres: 0.50 Use. Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. stssesseu anu i axaoie values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2008 2007 2006 457 890 656 67 658 67 50 000 25 000 0 $407,8901 633 676 $658,676 2008 2007 2006 $6,846 30 406 $11,708 156 1 122 $7,002 11 830 NOTE: Lower the top and bottom margins to 0.25 on File ->Page Setup menu option in the browser to print the detail on one page. httn• / /www.rn nnim -henrh fl ng /nnns /ngnx /weh /dPtnil infn ngnx9n Pntity= ?nn1Ar0A ? ?n0n -znnnnn4 7 o COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS 0. WHEELER MURIEL J. ANDERSON STATE OF FLORIDA ) COUNTY OF PALM BEACH ) TOWN OF GULF STREAM ) TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA AFFIDAVIT Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA L TAYLOR BEFORE ME THIS DAY PERSONALLY APPEARED Rita L. Taylor, WHO BEING DULY SWORN, DEPOSES AND SAYS THAT THE ACCOMPANYING "STATEMENT OF REPEAT VIOLATION AND NOTICE OF HEARING" AND THE ACCOMPANYING "STATEMENT OF VIOLATION AND NOTICE OF HEARING" HAVE BOTH BEEN POSTED ON THE NOTICE BOARD AT THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA AND HAVE ALSO BEEN POSTED ON THE FRONT LAWN AT 2775 AVENUE AU SOLEIL, GULF STREAM, FLORIDA, THAT BEING THE PROPERTY OWNED BY MR. LAVOIE. FURTHER AFFIANT SAYETH NOT. ` (Signature) W— SWORN TO AND SUBSCRIBED BEFORE ME THIS 1st DAY OF April, 2009. MY COMMISSION EXPIRES: _ NDD7134 100 SEA ROAD, GULF STREAM, FLORIDA 33483