HomeMy Public PortalAboutSec 13.Page I of I
Rita Taylor
From: Tiffany Faver [tfaver @torcivialaw.com]
Sent: Wednesday, May 15, 2013 8:43 AM
To: Rita Taylor
Subject: Order Assessing Fine CE 1 -13 O'Hare
Attachments: O'Hare. Final. Order. pdf
Rita-
Please see the attached final order from the Code Enforcement Hearing yesterday. I will also be sending the
hard copy in the mail today.
Thank you.
Tiffany Faver, Legal Assistant
The Law Offices of Glen J. Torcivia & Associates, P.A.
Northpoint Corporate Center
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33407
tfaver@torcivialaw.com
(561) 686 -8700
(561) 686 -8764 (fax)
www.torcivialaw.com
The information contained in this transmission is attorney - client privileged and confidential. It is intended only
for the use of the individual or entity named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify the sender immediately by
telephone collect and return the original message to the sender at the above address via the U.S. Postal Service.
The sender will reimburse you for your expenses. Thank you.
5/15/2013
Page 1 of 2
r- I.
Rita Taylor
From: Tiffany Faver [tfaver @torcivialaw.com]
Sent: Tuesday, April 02, 2013 8:58 AM
To: Rita Taylor
Subject: RE: Fine Assesment Hearing
April 23rd at 10:00am will work. Thanks!
Tiffany Paver, Legal Assistant
The Law Offices of Glen J. Torcivia & Associates, P.A.
Northpoint Corporate Center
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33407
tfaver@torcivialaw.com
(561) 686 -8700
(561) 686 -8764 (fax)
www.torcivialaw.com
The information contained in this transmission is attorney - client privileged and confidential. It is intended only
for the use of the individual or entity named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify the sender immediately by
telephone collect and return the original message to the sender at the above address via the U.S. Postal Service.
The sender will reimburse you for your expenses. Thank you.
From: Rita Taylor [mailto:RTaylor @gulf- stream.org]
Sent: Tuesday, April 02, 2013 7:39 AM
To: Tiffany Paver
Subject: RE: Fine Assesment Hearing
Tiffany,
What about April 231d or 24th at 10:00 A.M.?
Rita
From: Tiffany Paver rmailto:tfaver @torcivialaw.coml
Sent: Monday, April 01, 2013 11:37 AM
To: Rita Taylor
Subject: Fine Assesment Hearing
Rita-
On behalf of Lara Donlon, I would like to set up a date to hold a Fine Assessment hearing, after April 19th. What
would be a good day for you?
Tiffany Paver, Legal Assistant
The Law Offices of Glen J. Torcivia & Associates, P.A.
4/3/2013
Page 2 of 2
Nortnpoint Corporate Center
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33407
tfaver @torcivialaw.com
(561) 686 -8700
(561) 686 -8764 (fax)
www.torcivialaw.com
The information contained in this transmission is attorney - client privileged and confidential. It is intended only
for the use of the individual or entity named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify the sender immediately by
telephone collect and return the original message to the sender at the above address via the U.S. Postal Service.
The sender will reimburse you for your expenses. Thank you.
4/3/2013
Page 1 of I
Rita Taylor
From: Tiffany Faver [tfaver @torcivialaw.com]
Sent: Monday, April 01, 2013 11:37 AM
To: Rita Taylor
Subject: Fine Assesment Hearing
Rita-
On behalf of Lara Donlon, I would like to set up a date to hold a Fine Assessment hearing, after April 19th. What
would be a good day for you?
Tiffany Faver, Legal Assistant
The Law Offices of Glen J. Torcivia & Associates, P.A.
Northpoint Corporate Center
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33407
tfaver @torcivialaw.com
(561) 686 -8700
(561) 686 -8764 (fax)
www.torcivialaw.com
The information contained in this transmission is attorney - client privileged and confidential. It is intended only
for the use of the individual or entity named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify the sender immediately by
telephone collect and return the original message to the sender at the above address via the U.S. Postal Service.
The sender will reimburse you for your expenses. Thank you.
4/3/2013
Page 1 of 1
Rita Taylor
From: lou.roeder @gmail.com on behalf of Lou Roeder [lou @louroeder.com]
Sent: Tuesday, March 12, 2013 9:31 AM
To: Rita Taylor
Cc: Bill Thrasher; Chris O'Hare
Subject: Mr. Thrasher as a witness to March 21, 2013 Code Enforcement Hearing
Rita,
This is a follow up to our telephone conversation this morning.
As I understand it, Lara Donlon will be the Special Magistrate hearing the code enforcement matter on
March 21 re 2520 Avenue Au Soleil; and that she will not be provided any information from the Town
beforehand, other than an agenda. Could you e-mail me a copy of that agenda as soon as it is ready?
Also, you confirmed for me this morning that Mr. Thrasher will be available as a witness at the hearing.
If that understanding should change, please let me know immediately so we can request that Ms.
Donlon issue him a subpoena as authorized under Sec. 2 -71.
Thank you.
Louis Roeder
ATTORNEYAT LAW
7414 Sparkling Lake Road
Orlando, FL 32819
cell: 407 -758 -4194
CONFIDENTIALITYNOTE: This email message and any attachments may contain confidential, privileged and non- disclosable
information. The information is intended only for the use of the individual or entity named on this email. Ifyou are not the
intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on
the contents of this email information, is strictly prohibited and that the documents should be returned to the sender
immediately. Ifyou have received this email in error or by accidental transmission, please notify the sender by return email
immediately, delete all electronic copies of this email and all attachments and destroy all hard copies. Thank you.
3/12/2013
Page 1 of I
Rita Taylor
From: lou.roeder @gmail.com on behalf of Lou Roeder llcu @louroeder.comj
Sent: Tuesday, March 12, 2013 9:31 AM
To: Rita Taylor
Cc: Bill Thrasher; Chris O'Hare
Subject: Mr. Thrasher as a witness to March 21, 2013 Code Enforcement Hearing
Rita.
This is a follow up to our telephone conversation this morning.
As I understand it, Lara Donlon will be the Special Magistrate hearing the code enforcement matter on
March 21 re 2520 Avenue Au Soleil; and that she will not be provided any information from the Town
beforehand, other than an agenda. Could you e-mail me a copy of that agenda as soon as it is ready?
Also, you confirmed for me this morning that Mr. Thrasher will be available as a witness at the hearing
If that understanding should change, please let me know immediately so we can request that Ms.
Donlon issue him a subpoena as authorized under Sec. 2 -71.
Thank you.
Louis Roeder
ATTORNEYAT LAW
7414 Sparkling Lake Road
Orlando, FL 32819
cell: 407 -758 -4194
CONFIDENTIALITYNOTE: This email message and any attachments may contain confidential, privileged and non- disclosable
information. The information is intended only for the use of the individual or entity named on this email. Ifyou are not the
intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on
the contents of this email information, is strictly prohibited and that the documents should be returned to the sender
immediately. Ifyou have received this email in error or by accidental transmission, please notify the sender by return email
immediately, delete all electronic copies of this email and all attachments and destroy all hard copies. Thank you.
3/13/2013
Louis L. Roeder, Esq.
7414 Sparkling Lake Rd
Orlando, FL 32819
407 - 3524194
cell 407-7584194
louClouroeder.com
Delivered via E -Mail
March 13, 2013
William Thrasher
Town Manager
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 33483
Re: Statement of Violation and Notice of Hearing
Case No: CE 1 -13
Dear Mr. Thrasher:
I am in receipt of the above referenced Notice, dated Feb. 25, 2013 and received by my client,
Mr. O'Hare, on March 6, 2013. Said Notice states on page 2:
"You must notes the Town of Gulf Stream at (561) 276 -5116 on or before March
14, 2013, that the parcel of real property owned by you as described in this
Notice is no longer in violation of Town Codes and that you are requesting a
reinspection. "
As required by the Notice, I am formally informing the Town that my client, MR. O'HARE IS
NOT, NOR HAS HE EVER BEEN, IN VIOLATION OF THE CODE SECTIONS AS
CHARGED IN SAID NOTICE. AS SUCH, NO "REINSPECTION" IS NECESSARY OR
REQUESTED.
If you have any questions, please call me at my cell phone at 407 - 7584194.
Respectfully,
,f Aa�-,
Louis L. Roeder, Esq.
CC. Rita Taylor, Town Clerk
Chris O'Hare
CODE ENFORCEMENT HEARING TO BE HELD BY
MAGISTRATE OF THE TOWN OF GULF STREAM
P.M. IN THE CHAMBERS OF THE TOWN HALL,
FLORIDA.
AGENDA
I. Call to Order.
II. FINE ASSESSMENT HEARING.
THE CODE ENFORCEMENT SPECIAL
ON TUESDAY, MAY 14, 2013 AT 2:00
100 SEA ROAD, GULF STREAM,
A. Failure to comply with Order of Special Magistrate
1. Case No. CE1 -13; Christopher & Shelly O'Hare,
2520 Avenue Au Soleil, Gulf Stream, Florida
a. Violation of Sections 70 -146 and 70 -32 of the
Town of Gulf Stream Code of Ordinances.
(1). Planted Landscape Material across the
front yard and over the concrete driveway
III. 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 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
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RETURN RECEIPT
Article Addressed To: Article No.
Mr. & Ms. Christopher O'Hare 172
2520 Avenue Au Soleil
Gulf Stream, FL 33483
Signa re o dr ssee
or
Date Delivered:
gEnt Signature
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FINE ASSESSMENT /STATUS HEARING TO BE HELD BY THE CODE ENFORCErgNT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, APRIL 23, 2013 AT 10:00
A.M. IN THE COn4ISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
I. Call to Order.
II. Failure to Comply with Order of Special Magistrate
A. Case No. CE #1 -13: Christopher O'Hare
2520 Avenue Au Soleil, Gulf Stream, Florida
1. Planted landscape material across front lawn and driveway
destroying the 'open front yard" district characteristic
of Place Au Soleil listed in Section 70 -32, such characteristics
reinforcing the identity of various districts per Section 70 -146,
and was not removed and returned to the previously existing
condition by April 19, 2013 as ordered by the Special Magistrate
of Town of Gulf Stream
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 TESTD43NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
F.S.S. 286.0105
r
FAX Cover Sheet
Attny. Randolph
Phone:
Fax Phone:
Date: 5 -11 -13
Number of pages including cover sheet:
FROM:
Pita
Phone: 561-276-5116
Fax Phone: 561- 737 -0188
2
❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
A copy of the Agenda for the re- scheduled Fine Assessment Hearing
for Mr. O'Hares Case No. CEl -13 on May 14, 2013 at 2 P.M. is
enclosed. I have posted the Agenda in the box outside of Town Hall,
faxed a copy to Attny. Roeder and Attny. Donlon and am having a copy
delivered by the police to O'Hare. Do I need to furnish you with
anything else?
Originals to Follow by Mail: Yes
CC:
Fax Phone:
No x
Transmission Report
Date /Time 05 -11 -2013 12:38:51 p.m. Transmit Header Text
Local ID 1 561- 737 -0188 Local Name 1 town of gulf stream
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11"
IFAXcover Sheet (Date: 5 -11 -13
(Number ofpages Including ww,,heeo 2
Attny. Randolph
Phone:
Rita
ne: 561- 276 -5116
Phone: 561 - 737.0188
❑As Requwtodo Urgent o FYI o Far Your Resiew o Reply ASAP
A copy of the Agenda for the re- scheduled Fine Assessment Hearing
for Mr. O'Hares Case No. CSI -13 an May 14, 2013 at 2 P.M. is
enclosed. I have posted the Agenda in the box outside of Town Hall,
Faxed a copy to Attny. Roeder and Attny. Donlon and am having a copy
delivered by the police to O'Hare. Do I need to furnish you with
anything else7
I Originals to Follow by Mail: Ym No
Far Phone:
Total Panes Scanned : 2 Total Panes Confirmed . 2
No.
Job
Remote Station
Start Time
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Pages
Line
Mode
Job Type
Results
001
397
Jones Foster PA
12:37:15 p.m.05 -11 -2013
00:01:06
2/2
1
EC
HS
CP74400
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system
HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3
WS: Waiting send MS: Mallboxsave FF: Fax Forward TU: Terminated by user EC: Error Correct
CODE ENFORCEMENT HEARING TO BE HELD BY
MAGISTRATE OF THE TOWN OF GULF STREAM
P.M. IN THE CHAMBERS OF THE TOWN HALL,
FLORIDA.
AGENDA
Call to Order.
II. FINE ASSESSMENT HEARING.
THE CODE ENFORCEMENT SPECIAL
ON TUESDAY, MAY 14, 2013 AT 2:00
100 SEA ROAD, GULF STREAM,
A. Failure to comply.with Order of Special Magistrate
1. Case No. CE1 -13; Christopher & Shelly O'Hare,
2520 Avenue Au Soleil, Gulf Stream, Florida
a. Violation of Sections 70 -146 and 70 -32 of the
Town of Gulf Stream Code of Ordinances.
(1). Planted Landscape Material across the
front yard and over the concrete driveway
III. 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 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
FAX Cover Sheet
Attny. Roeder
Phone:
Fax Phone: 866- 610 -6090
Date: 5-11 -13
Number of pages including cover sheet: 2
FROM:
Rita Taylor
Town Clerk
Gulf Stream, FL
Phone: 561 - 276 -5116
?ax Phone: 561- 737 -0188
IREMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
I have enclosed a copy of the Agenda for the re- scheduled Fine Assessment
Hearing for Mr. O'Hare's Case No CE 1 -13 on May 14, 2013 at 2 P.M.
A copy of same will be delivered directly to 2520 Avenue Au Soleil.
originals to Follow by Mail: Yes
CC:
Fax Phone:
mn x
Transmission Report
Date /Time 05 -11 -2013 12:24:32 p.m. Transmit Header Text
Local ID 1 561- 737 -0188 Local Name 1 town of gulf stream
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
F�qP
I FAX Cover Sheet IDate: s:
LNumbw of pages including cover sheer: 2of pages including cover sheer; 2
Z�
Fax Phone:
Rita Taylor
Twin Clerk
011f Screen, FL
me: 561 -276 -5316
Phone: 561 - 737 -0188
0 As Requested 0 Urgent o FYI o For Your Revim 0 Reply ASAP
I haw enclosed a copy of the Agenda for the re- scbeduled Fine Asseasment
]Hearing for Mr. O'Hare 'a Case No CE 1 -13 on May 14, 2013 at 2 P.M.
A copy of same rd.11 be delivered directly to 2520 Avenue Au Soleil.
to Folimby Mail: Yes_ No x
CC:
Fax Phone:
Total Pages Scanned : 2 Total Paqes Confirmed : 2
No.
lob
I Remote Station
Start Time
Duratlon
Pages
Line
Mode
ITob Type
Results
001
395
18666106090
12:23:14 p.m. 05 -11 -2013
00:00:58
2/2
1
G3
HS
CP74400
Abbrevlatlons:
HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system
HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group
WS: Walting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, MAY 14, 2013 AT 2:00
P.M. IN THE CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
Call to Order.
II. FINE ASSESSMENT HEARING.
A. Failure to comply with Order of Special Magistrate
1. Case No. CE1 -13; Christopher & Shelly O'Hare,
2520 Avenue Au Soleil, Gulf Stream, Florida
a. Violation of Sections 70 -146 and 70 -32 of the
Town of Gulf Stream Code of Ordinances.
(1). Planted Landscape Material across the
front yard and over the concrete driveway.
III. 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 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
9
FAXCover Sheet
Attny. Donlon
Phone:
Fax Phone: 686 -8764
Date: 5 -11 -13
Number of pages including cover sheet: 2
FROM:
Rita Taylor, Town Clerk
Phone: 561- 276 -5116
lax Phone: 561- 737 -0188
❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
A copy of the Agenda for the re- scheduled Fine Assessment Hearing
for Mr. O'Hares Case No. CE 1 -13 on May 14, 2013 at 2 P.M. is
enclosed. I have posted the Agenda in the box outside of Town Hall,
faxed a copy to Attny. Roeder, Attny. Randolph and am having a
copy delivered by the police to O'Hare.
originals to Follow by Mail: Yes
CC:
Fax Phone:
Nn ,
i
Transmission Report
Date /Time 05 -11 -2013 12:56:55 p.m. Transmit Header Text
Local ID 1 561- 737 -0188 Local Name 1 town of gulf stream
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
[■ AXcover Sbeet f Date: 5 -11 -13
LNumbaofpagesincluding covaahcet 2
Attny. Donlon
Phone: 686 -8764
Rita Taylor, Town Clerk
ne: 561- 276.5116
Phone: 561. 737.0188
o As Requested Urgent o FYI ❑ For Your Review o Reply ASAP
A copy Of the Agenda for the re- scbeduled Fine Assessment Hearing
for Mr. O'Hares Case No. CE 1 -13 on May 14, 2013 at 2 P.M. is
enclosed. I have posted the :Agenda in the box outside of Town Hall,
faxed a copy to Attny. Roeder, Attny. Randolph and am having a
copy delivered by the police to O'Hare.
Originals to Follow by Mail: Yes NO
I FecC:
z Pbsae:
Total Panes Scanned : 2 Total Panes Cnnftrmod • 7
No.
IJob
I Remote Station
Start Time
I Duration
1 Pages
I Line
Mode
Job Type
Results
001
1399
1561686 8764
12:55:55 p.m. 05 -11 -2013
00:00:25
2/2
11
li EC
IHS
I CP21600
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system
HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3
WS: Walting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct
r'
d'
CODE ENFORCEMENT HEARING TO BE HELD BY
MAGISTRATE OF THE TOWN OF GULF STREAM
P.M. IN THE CHAMBERS OF THE TOWN HALL,
FLORIDA.
AGENDA
I. Call to Order.
II. FINE ASSESSMENT HEARING.
THE CODE ENFORCEMENT SPECIAL
ON TUESDAY, MAY 14, 2013 AT 2:00
100 SEA ROAD, GULF STREAM,
A. Failure to comply with Order of Special Magistrate
1. Case No. CE1 -13; Christopher & Shelly O'Hare,
2520 Avenue Au Soleil, Gulf Stream, Florida
a. Violation of Sections 70 -146 and 70 -32 of the
Town of Gulf Stream Code of Ordinances.
(1). Planted Landscape Material across the
front yard and over the concrete driveway
III. 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 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
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RETURN RECEIPT
Article Addressed To:
Mr. & Mrs. Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
imatur A (9 ��-r'
AAA ressene
Article No.
170
Date Delivezad
NOTICE OF RE- SCHEDULED HEARING
THE CODE ENFORCEMENT FINE ASSESSMENT HEARING ORIGINALLY
SCHEDULED FOR APRIL 22, 2013 HAS BEEN RE- SCHEDULED AND WILL
BE HELD ON MAY 14, 2013 AT 2:00 P.M. BY THE CODE ENFORCEMENT
SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM, FLORIDA IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF. STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Case No. CE 1 -13; Christopher & Shelly O'Hare
Violation of Sections 70 -146 and 70 -32 of the Town
of Gulf Stream Code of Ordinances; planted landscape
material across the front yard and over the concrete
driveway.
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 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
Date: April 21, 2013
NOTICE OF RE- SCHEDULED HEARING
THE CODE ENFORCEMENT FINE ASSESSMENT HEARING ORIGINALLY
SCHEDULED FOR APRIL 22, 2013 HAS BEEN RE- SCHEDULED AND WILL
BE HELD ON MAY 14, 2013 AT 2:00 P.M. BY THE CODE ENFORCEMENT
SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM, FLORIDA IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Case No. CE 1 -13; Christopher & Shelly O'Hare
Violation of Sections 70 -146 and 70 -32 of the Town
of Gulf Stream Code of Ordinances; planted landscape
material across the front yard and over the concrete
driveway.
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 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
Date: April 21, 2013
Date /Time 04 -23 -2013 04:02:46 p.m.
Local ID 1 561- 737 -0188
Transmission Report
Transmit Header Text
Local Name 1 town of gulf stream
This document: Confirmed
(reduced sample and details below)
Document size : 8.5"x11 "
Pan•Ir Pox NaY 767;
W. p',y,°
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Duration
NOTICE OF RE- SCHEDULED HEARING
THE CODE ENFORCEMENT FINE ASSESSMENT HEARING ORIGINALLY
SCHEDULED FOR APRIL 22, 2013 HAS BEEN RE- SCHEDULED AND WILL
BE HELD ON MAY 14, 2013 AT 2:00 P.M. BY THE CODE ENFORCEMENT
SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM, FLORIDA IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Case No. CE 1 -13; Christopher 6 Shelly O'Hare
Violation of Sections 70-146-and 70 -32 of the Town
of Gulf Stream Code of Ordinances; planted landscape
material across the front yard and over the concrete
driveway.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY
THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY
NATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL 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
Date: April 21, 2013
rotal Pages Scanned : 1
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1/1
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H5
CP74400
4bbrevlatlons:
IS: Hostsend
PL: Polled local MP: Mallbox print
CP: Completed
TS: Terminated by system
IR: Host receive
PR: Polled remote RP: Report
FA: Fall
G3: Group 3
N5: Waiting send
MS: Mailbox save FF: Fax Forward
TU: Terminated by user
EC: Error Correct
FAX 4 -22 -13
Cover Sheet Date:
Attny. Roeder
Phone:
Fax Phone: 866- 610 -6090
INumber of pages including cover sheet: 2
FROM:
Rita Taylor, Town Clerk
Phone: 561 - 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested o Urgent o FYI o For Your Review ❑ Reply ASAP
I have enclosed the Notice of Re- Scheduled Hearing for
Mr. O'Hare's case. A copy of same will be delivered directly
to 2520 Avenue Au Soleil.
t Fallow by Mail: Yes
cc:
Fax Phone:
No
Transmission Report
Date /Time 04 -23 -2013 11:21:33 a.m. Transmit Header Text
Local ID 1 561- 737 -0188 Local Name 1
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11"
Ill
I FAX cover Sheet
town of gulf stream
Date: 4 -22 -13
14.ber of pages including cover ebeet: 2
Rite Taylor, Tram Clerk
ne: 561.276 -5116
o As Requeersdo Urgent o FYI o For Your Review o Reply ASAP
I have enclosed the Notice of Re- Scheduled Hearing for
Mr. O'Hare's. case. A copy of same will be delivered directly
to 252o Avenue An Soleil.
Followby Mail: Yes
CC:
Fez P6ane:
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001
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1866610fi090
11:19:45 a.m. 04 -23 -2013
00:0129
G3
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CP12000
kbbreviations:
I5: Host send PL: Polled local
IR: Host receive PR: Polled remote
VS: Waiting send MS: Mailbox save
MP: Mailbox print CP: Completed TS: Terminated by system
RP: Report FA: Fall G3: Group 3
FF: Fax Forward TU: Terminated by user EC: Error Correct
FAX.cover Sheet
Attny. Donlon
Phone:
Fax Phone: 686 -8764
4 -22 -13
Date:
Number of pages including cover sheet:
FROM:
Rita Taylor, Town Clerk
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
A copy of the Re- scheduled Fine Assessment Hearing is
attached. I have posted it in the box outside Town Hall
and have faxed a copy to Attny. Roeder and am having a
copy delivered by the police to O'Hare. I am also faxing
a copy to Attny Randolph.
to Follow by Mail: Yes
Cc:
Fax Phone,
No x
' I Transmission Report
Date /Time 04 -23 -2013 11: 10:57 a.m. Transmit Header Text
Local ID 1 561- 737 -0188 Local Name 1
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
F" Cover Shad
Attny. Donlon
Fax Phone: 686 -8764
town of gulf stream
(Date: 4 -22 -13
INumber of pages including cover sheet 2
Rita Taylor, Town Clerk
rse: 561- 276 -5116
o As Requested o Urgmt o FYI o For Yew Review o Reply ASAP
A copy of the Re- scheduled Fine Assessment Hearing is
attached. I have posted it in the box outside Town Hall
and have faxed a copy to Attny. Roeder and am having a
copy delivered by the police to O'Hare. I an also faxing
a copy to Attny Randolph.
to Follow
140 x
ICC:
Fez Phone:
rotal Pages Scanned :2
Total Pages Confirmed :2
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4bbreviatlons:
45: Host send
PL: Polled local MP: Mailbox print
CP: Completed
TS: Terminated by system
IR: Host receive
PR: Polled remote RP: Report
FA: Fall
G3: Group 3
N5: Waiting send
M5: Mallboxsave FF: Fax Forward
TU: Terminated by user
EC: Error Correct
I FAX Cover Sheet
Attny. Randolph
Phone:
Fax Phone:
Date: 4 -22 -13
Number of pages including cover sheet:
FROM:
Rita
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
A copy of the Re- scheduled Fine Assessment Hearing for
O'Hare is attached.
Originals to Follow by Mail: Yes
CC:
Fax Phone:
No X
Date /Time
Local lD 1
Transmission Report
04 -23 -2013 11:08:07 a.m. Transmit Header Text
561- 737 -0188 Local Name 1
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
I FAX Cover Sheet
Attny. Randolph
Phone:
town of gulf stream
Date: 4-22 -13
IN.bcoipagesincludingcover.hoot 2
Rita
1e: 561.276 -5]]6
Phone: 561 - 777 -0108
o As Requwtado Urgent a FYI a ForYeur Review a Reply ASAP
A copy of.the Re- scheduled Fine Assessment Rearing for
o =Hare is attached.
to Follow
No ?
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Total Pages Scanned : 2
Total Pages Confirmed: 2
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4bbreviations:
IS: Host send
PL: Polled local MP: Mailbox print
CP: Completed
TS: Terminated by system
IR: Host receive
PR: Polled remote RP: Report
FA: Fall
G3: Group 3
NS: Waiting send
MS: Mailbox save FF: Fax Forward
TU: Terminated by user
EC: Error Correct
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice Mayor
MURIEL J. ANDERSON
W. GARRETT DERING
ROBERTW GANGER
April 3, 2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Mr. & Mrs. Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. & Mrs. O'Hare:
Telephone
(561) 276 -5116
Fax
(561) 737.0168
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Hand Delivered
Article #169
We are enclosing an Affidavit of Non - Compliance covering code
violations at the above address, cited under Case # CE 1 -13.
Also enclosed is the Order Finding Violation issued by the
Special Magistrate as a result of the hearing held March 21,
2013.
The Special Magistrate ordered that you comply with Sections
70 -146 and 70 -32 of the Code of Ordinances of the Town of Gulf
Stream on or before the 19th day of April, 2013 by removing the
plantings in the driveway and other areas that block the view of
the home and return it to the previously existing condition.
She further ordered that a Fine Assessment Hearing would be held
on April 23, 2013 at the Town of Gulf Stream, 100 Sea Road, Gulf
Stream, Florida in the event compliance has not been achieved.
Fine Assessment Hearings are held at 10:00 A.M.
Very truly yours,
Rita L. Taylor V
Town Clerk
Encls.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
TOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561)276 -5116
(circle one)
CASE NO. CE #1_13
LOCATION OF VIOLATION:
Christopher & Shelly O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
DATE: April 3. 2013
I, William H. Thrasher, have personally examined the property described above and
(Town Official /Inspector) 70 -32 &
Find that said property is (NOT) (NOW) in compliance with Section(s) 70 -146 of the
Code of the Town of Gulf Stream as of the 3rd day of April , 20 13
lu
Affiant
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 3rd day of
April , 20 13 by William 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) ?�`. "•'P.`¢¢ RRALTArioR
. , MYCOMMISSM#DO949851 NOTARY PUBLIC
s EXPIRES: February 21, 2014 State of Florida
4 Of Re Boded Thm BYdo Nam Sq* a
Page 1 of 1
Rita Taylor
From:
Tiffany Faver [tfaver @torcivialaw.com)
Sent:
Wednesday, April 03, 2013 2:15 PM
To:
Rita Taylor
Subject: Code Enforcement- Final Order Case Number CE 1 -13
Attachments: Final Order Case No. CE 1- 13.pdf
Dear Rita,
Please find attached the Special Magistrate's Order regarding Case Number CE 1 -13, O'Hare. The original order
and the exhibits will follow by mail.
Please serve a copy of the Order on the Respondent as soon as possible.
Thank you.
Tiffany Faver, Legal Assistant
The Law Offices of Glen J. Torcivia & Associates, P.A.
Northpoint Corporate Center
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33407
tfaver @torcivia law.com
(561) 686 -8700
(561) 686 -8764 (fax)
www.torcivialaw.com
The information contained in this transmission is attorney - client privileged and confidential. It is intended only
for the use of the individual or entity named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify the sender immediately by
telephone collect and return the original message to the sender at the above address via the U.S. Postal Service.
The sender will reimburse you for your expenses. Thank you.
4/3/2013
CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
ORDER
TOWN OF GULF STREAM,
Petitioner,
V.
CHRISTOPHER O'HARE and
SHELLY O'HARE,
Respondent.
Case No. CE 1 -13
Re: Violation of Sections 58- 138(b), 70- 32(a), 70- 146(6) and 70 -150, of the Code of Ordinances of
the Town of Gulf Stream.
Address: 2520 Avenue Au Soleil
Gulf Stream, Florida
Legal Description: PLACE AU SOLEIL LT 36
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 and
considered testimony from Bill Thrasher (Town Manager), Marty Minor, Christopher O'Hare
(Respondent), and Craig Stresau, has considered the evidence, and argument of counsel for each
party at the Code Enforcement Hearing held on the 21St day of March, 2013, and being otherwise
fully apprised in the premises, hereby makes the following FINDINGS OF FACT, CONCLUSIONS
OF LAW, and ORDER:
FINDINGS OF FACT
1. The Respondent, CHRISTOPHER O'HARE, was present at the hearing and represented by
Counsel.
2. The Town of Gulf Stream was present at the hearing and represented by counsel.
3. Respondent is the owner of the property located at 2520 Avenue Au Soleil, Gulf Stream,
Florida (Legal Description PLACE AU SOLEIL LT 36) (the "Property").
4. The Town Manager was notified of the potential violations on the Property by a Town
maintenance worker.
The Town received input from members the home owners' association after being notified of
the potential violations by the Town's maintenance worker.
6. The maintenance worker took photographs of the alleged violations on October 8, 2012.
7. The photographs show a line of lady palms planted across the driveway of the Property.
8. Thereafter, the Town Manager personally viewed the alleged violations on the Property and
consulted with Marty Minor, AICP, of Urban Design Kilday Studios, which had originally
drafted the Town's Code of Ordinances relating to the Design Manual.
9. Mr. Minor personally visited the Property on October 10, 2012, and took photographs.
10. On October 16, 2012, Mr. Minor provided an opinion to the Town regarding the plantings and
his opinion as to whether the plantings complied with the Town's Code.
11. On November 5, 2012, the Town issued a Notice of Violation regarding sections 58- 138(b),
70- 32(a), 70- 146(6) and 70 -150, of the Code of Ordinances of the Town of Gulf Stream,
providing thirty (30) days for compliance.
12. On January 17, 2013, the Town provided additional time for Respondent to comply, to wit:
January 31, 2013.
13. On February 25, 2013, the Town issued a Notice of Violation and Notice of Hearing providing
Respondent a final opportunity to comply on or before March 12, 2013.
14. The Town Manager and Mr. Minor testified that plantings across the Property's driveway did
not comply with the "open front lawn" characteristic of the Place Au Soleil District where the
Property is located because the home and front door are not open to, or viewable from, the
street.
15. Respondent testified that there are 31 "closed" front lawns in the Place Au Soleil
District.
16. The Town Manager testified that there may be some "closed" front lawns within Place Au
Soleil District due to having been "grandfathered in" prior to the changes in the Town's Code
regarding landscape design.
17. Mr. Stresau, a landscape architect, testified that he did not believe the Town properly defined
"open front lawn" and believed it could also mean that the lawn in front of the plantings and
behind the plantings was "open ".
18. The Town Manager testified that Respondent previously applied for a permit in November of
2011 to change the exterior color of his home and an exterior wall. The Town Manager
testified that the form on which Respondent signed provided for a list of different types of
projects requiring review, including those involving `landscape alterations ", which he testified
was indicated in Section 66 -81 of the Town's Code.
19. Respondent was not cited for failure to apply for administrative review or failure to get a
permit for landscaping changes under Section 66 -81.
20. Mr. Minor testified that if a plant were not on the list in Section 70 -150, then it could not be
planted.
21. The Respondent testified that he did not think the list in Section 70 -150 was exhaustive and did
not believe that non - listed plants were prohibited.
22. Mr. Stresau, a landscape architect, testified that if the Town's Code listing of examples in
Section 70 -150 of plants were an exclusive list, for which all other plants were prohibited, it
would be impossible to develop a landscape plan from that list for a homeowner.
23. Mr. Thrasher testified that certain properties were allowed to install plants not on the list in
Section 70 -150, but those landscape plans followed the proper permitting process and were
approved through that process.
24. The Respondent was provided proper notice of the alleged violations and the notice of hearing
in this case.
25. At the time of the hearing, the alleged violations continued to exist.
CONCLUSIONS OF LAW
Section 58- 138(b) of the Town's Code provides that It shall be unlawful for any person to
remove, move or add soil or fill to or from any parcel of land located within the town without
first having obtained a permit from the Town. The Town alleged that Respondent's removal of
a portion of the driveway required obtaining a permit. Respondent argued that pursuant to
Code Section 2 -68, Jurisdiction, the Special Magistrate does not have jurisdiction to hear a
violation of Code Section 58- 138(b). Code Section 2 -68 provides the special magistrate with
jurisdiction and authority to hear and decide any alleged violations of the chapters and
ordinances listed therein. Neither Chapter 58, nor Section 58 -138, is listed as being within the
special magistrate's jurisdiction. Accordingly, the special magistrate does not have jurisdiction
to make a determination with respect to the alleged violation relating to Section 58- 138(b).
2. Section 70 -146 provides the Purpose of the General Landscape Standards and states that the
landscape architectural standards have been developed to reinforce the overall character and
image of the town environment with the primary objectives to include reinforcing the
community's identity. It goes on to state that the correct selection of plant material reinforces
the identity of various districts. Section 70 -32 provides for the characteristics of Place Au
Soleil District. The characteristics include "open front lawns ". The Town provided substantial
competent evidence that it has consistently interpreted "open front lawns" to mean the home
and front door being viewable from the street. The Town's interpretation is afforded deference
in this instance. Las Olas Tower Co. v. City of Fort Lauderdale, 742 So. 2d 308, 312 (Fla. 4`h
DCA 1999). Accordingly, a violation of Sections 70 -146 and 70 -32 are found to exist.
3. Section 70 -150 provides fdr other plants used in the Town and lists "examples of materials
presently found in the Town" for ground cover, tall shrubs, shrubs, vines, palms, and trees.
The Town did not present competent substantial evidence that Section 70 -150 prohibits all
other types of plants not listed. The Code clearly states that the list of plants is a list of
examples of currently existing plants. Accordingly, a violation of Section 70 -150 is not found
to exist.
4. While both parties presented testimony and evidence regarding whether a permit was required
for the landscaping work, Respondent was not cited for violation of a code section relating to
failure to obtain a permit. Accordingly, this order shall not be construed as a determination of
whether the Respondent should have obtained administrative review, approval or a permit
relating to the plantings cited in this case.
It is the Order of the Code Enforcement Special Magistrate as follows:
1. The alleged violation relating to section 58- 138(b) is hereby dismissed without prejudice for
lack ofjurisdiction.
2. Respondent shall comply with Sections 70 -146 and 70 -32 of the Code of Ordinances of the
Town of Gulf Stream on or before the 201b day of April, 2013, by removing the plantings in
the driveway and other areas that block the view of the home and return it to the previously
existing condition.
3. If Respondent does not comply with Sections 70 -146 and 70 -32 of the Code of Ordinances of
the Town of Gulf Stream on or before the 19'" day of April, 2013, a fine of up to two- hundred-
fifty- dollars ($250.00) per day may be assessed for each day the violation continues to exist.
4. A Fine Assessment Hearing will be held before the Special Magistrate on the 23rd day of
April, 2013; at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida.
5. Respondent is not in violation of Section 70 -150 of the Code of Ordinances of the Town of
Gulf Stream.
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 immediately notify the Gulf
Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 2 "d day of April, 2013.
TOWN OF GULF STREAM
COD ORCCEEME�NT
BY:
Special Magistrate
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Article Addressed To:
Mr. & Mrs. Chris O'Hare
2520 Ave. Au Soleil
G_�f St eam, FL
1 -�
Signature bf Ndressee
or
Agent Signature
Article No.
169
Date Delivered
/ 3 - 0�y
CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
ORDER
TOWN OF GULF STREAM,
Petitioner,
v
CHRISTOPHER O'HARE and
SHELLY O'HARE,
Respondent.
Case No. CE 1 -13
Re: Violation of Sections 58- 138(b), 70- 32(a), 70- 146(6) and 70 -150, of the Code of Ordinances of
the Town of Gulf Stream.
Address: 2520 Avenue Au Soleil
Gulf Stream, Florida
Legal Description: PLACE AU SOLEIL LT 36
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 and
considered testimony from Bill Thrasher (Town Manager), Marty Minor, Christopher O'Hare
(Respondent), and Craig Stresau, has considered the evidence, and argument of counsel for each
party at the Code Enforcement Hearing held on the 2151 day of March, 2013, and being otherwise
fully apprised in the premises, hereby makes the following FINDINGS OF FACT, CONCLUSIONS
OF LAW, and ORDER:
FINDINGS OF FACT
The Respondent, CHRISTOPHER O'HARE, was present at the hearing and represented by
Counsel.
, r , ..
2. The Town of Gulf Stream was present at the hearing and represented by counsel.
3. Respondent is the owner of the property located at 2520 Avenue Au Soleil, Gulf Stream,
Florida (Legal Description PLACE AU SOLEIL LT 36) (the "Property").
4. The Town Manager was notified of the potential violations on the Property by a Town
maintenance worker.
5. The Town received input from members the home owners' association after being notified of
the potential violations by the Town's maintenance worker.
6. The maintenance worker took photographs of the alleged violations on October 8, 2012.
7. The photographs show a line of lady palms planted across the driveway of the Property.
8. Thereafter, the Town Manager personally viewed the alleged violations on the Property and
consulted with Marty Minor, AICP, of Urban Design Kilday Studios, which had originally
drafted the Town's Code of Ordinances relating to the Design Manual.
9. Mr. Minor personally visited the Property on October 10, 2012, and took photographs.
10. On October 16, 2012, Mr. Minor provided an opinion to the Town regarding the plantings and
his opinion as to whether the plantings complied with the Town's Code.
11. On November 5, 2012, the Town issued a Notice of Violation regarding sections 58- 138(b),
70- 32(a), 70- 146(6) and 70 -150, of the Code of Ordinances of the Town of Gulf Stream,
providing thirty (30) days for compliance.
12. On January 17, 2013, the Town provided additional time for Respondent to comply, to wit:
January 31, 2013.
13. On February 25, 2013, the Town issued allotice of Violation and Notice of Hearing providing
Respondent a final opportunity to comply on or before March 12, 2013.
14. The Town Manager and Mr. Minor testified that plantings across the Property's driveway did
not comply with the "open front lawn" characteristic of the Place Au Soleil District where the
Property is located because the home and front door are not open to, or viewable from, the
street.
15. Respondent testified that there are 31 "closed" front lawns in the Place Au Soleil
District.
16. The Town Manager testified that there may be some "closed" front lawns within Place Au
Soleil District due to having been "grandfathered in" prior to the changes in the Town's Code
�� i 1
r e g a r d i n g l a n d s c a p e d e s i g n .
1 7 . M r . S t r e s a u , a l a n d s c a p e a r c h i t e c t , t e s t i f i e d t h a t h e d i d n o t b e l i e v e t h e T o w n p r o p e r l y d e f i n e d
" o p e n f r o n t l a w n " a n d b e l i e v e d i t c o u l d a l s o m e a n t h a t t h e l a w n i n f r o n t o f t h e p l a n t i n g s a n d
b e h i n d t h e p l a n t i n g s w a s " o p e n " .
1 8 . T h e T o w n M a n a g e r t e s t i f i e d t h a t R e s p o n d e n t p r e v i o u s l y a p p l i e d f o r a p e r m i t i n N o v e m b e r o f
2 0 1 1 t o c h a n g e t h e e x t e r i o r c o l o r o f h i s h o m e a n d a n e x t e r i o r w a l l . T h e T o w n M a n a g e r
t e s t i f i e d t h a t t h e f o r m o n w h i c h R e s p o n d e n t s i g n e d p r o v i d e d f o r a l i s t o f d i f f e r e n t t y p e s o f
p r o j e c t s r e q u i r i n g r e v i e w , i n c l u d i n g t h o s e i n v o l v i n g " l a n d s c a p e a l t e r a t i o n s " , w h i c h h e t e s t i f i e d
w a s i n d i c a t e d i n S e c t i o n 6 6 - 8 1 o f t h e T o w n ' s C o d e .
1 9 . R e s p o n d e n t w a s n o t c i t e d f o r f a i l u r e t o a p p l y f o r a d m i n i s t r a t i v e r e v i e w o r f a i l u r e t o g e t a
p e r m i t f o r l a n d s c a p i n g c h a n g e s u n d e r S e c t i o n 6 6 - 8 1 .
2 0 . M r . M i n o r t e s t i f i e d t h a t i f a p l a n t w e r e n o t o n t h e l i s t i n S e c t i o n 7 0 - 1 5 0 , t h e n i t c o u l d n o t b e
p l a n t e d .
2 1 . T h e R e s p o n d e n t t e s t i f i e d t h a t h e d i d n o t t h i n k t h e l i s t i n S e c t i o n 7 0 - 1 5 0 w a s e x h a u s t i v e a n d d i d
n o t b e l i e v e t h a t n o n - l i s t e d p l a n t s w e r e p r o h i b i t e d .
2 2 . M r . S t r e s a u , a l a n d s c a p e a r c h i t e c t , t e s t i f i e d t h a t i f t h e T o w n ' s C o d e l i s t i n g o f e x a m p l e s i n
S e c t i o n 7 0 - 1 5 0 o f p l a n t s w e r e a n e x c l u s i v e l i s t , f o r w h i c h a l l o t h e r p l a n t s w e r e p r o h i b i t e d , i t
w o u l d b e i m p o s s i b l e t o d e v e l o p a l a n d s c a p e p l a n f r o m t h a t l i s t f o r a h o m e o w n e r .
2 3 . M r . T h r a s h e r t e s t i f i e d t h a t c e r t a i n p r o p e r t i e s w e r e a l l o w e d t o i n s t a l l p l a n t s n o t o n t h e l i s t i n
S e c t i o n 7 0 - 1 5 0 , b u t t h o s e l a n d s c a p e p l a n s f o l l o w e d t h e p r o p e r p e r m i t t i n g p r o c e s s a n d w e r e
a p p r o v e d t h r o u g h t h a t p r o c e s s .
2 4 . T h e R e s p o n d e n t w a s p r o v i d e d p r o p e r n o t i c e o f t h e a l l e g e d v i o l a t i o n s a n d t h e n o t i c e o f h e a r i n g
i n t h i s c a s e . .
2 5 . A t t h e t i m e o f t h e h e a r i n g , t h e a l l e g e d v i o l a t i o n s c o n t i n u e d t o e x i s t .
C O N C L U S I O N S O F L A W
S e c t i o n 5 8 - 1 3 8 ( b ) o f t h e T o w n ' s C o d e p r o v i d e s t h a t 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
r e m o v e , m o v e o r a d d s o i l o r f i l l t o o r f r o m a n y p a r c e l o f l a n d l o c a t e d w i t h i n t h e t o w n w i t h o u t
f i r s t h a v i n g o b t a i n e d a p e r m i t f r o m t h e T o w n . T h e T o w n a l l e g e d t h a t R e s p o n d e n t ' s r e m o v a l o f
a portion of the driveway required obtaining a permit. Respondent argued that pursuant to
Code Section 2 -68, Jurisdiction, the Special Magistrate does not have jurisdiction to hear a
violation of Code Section 58438(b). Code Section 2 -68 provides the special magistrate with
jurisdiction and authority to hear and decide any alleged violations of the chapters and
ordinances listed therein. Neither Chapter 58, nor Section 58 -138, is listed as being within the
special magistrate's jurisdiction. Accordingly, the special magistrate does not have jurisdiction
to make a determination with respect to the alleged violation relating to Section 58- 138(6).
2. Section 70 -146 provides the Purpose of the General Landscape Standards and states that the
landscape architectural standards have been developed to reinforce the overall character and
image of the town environment with the primary objectives to include reinforcing the
community's identity. It goes on to state that the correct selection of plant material reinforces
the identity of various districts. Section 70 -32 provides for the characteristics of Place Au
Soleil District. The characteristics include "open front lawns ". The Town provided substantial
competent evidence that it has consistently interpreted "open front lawns" to mean the home
and front door being viewable from the street. The Town's interpretation is afforded deference
in this instance. Las Olas Tower Co. v. City offort Lauderdale, 742 So. 2d 308, 312 (Fla. 4`h
DCA 1999). Accordingly, a violation of Sections 70 -146 and 70 -32 are found to exist.
3. Section 70 -150 provides for other plants used in the Town and lists "examples of materials
presently found in the Town" for ground cover, tall shrubs, shrubs, vines, palms, and trees.
The Town did not present competent substantial evidence that Section 70 -150 prohibits all
other types of plants not listed. The Code clearly states that the list of plants is a list of
examples of currently existing plants. Accordingly, a violation of Section 70 -150 is not found
to exist.
4. While both parties presented testimony and evidence regarding whether a permit was required
for the landscaping work, Respondent was not cited for violation of a code section relating to
failure to obtain a permit. Accordingly, this order shall not be construed as a determination of
whether the Respondent should have obtained administrative review, approval or a permit
relating to the plantings cited in this case.
It is the Order of the Code Enforcement Special Magistrate as follows:
The alleged violation relating to section 58- 138(6) is hereby dismissed without prejudice for
lack of jurisdiction.
2. Respondent shall comply with Sections 70 -146 and 70 -32 of the Code of Ordinances of the
Town of Gulf Stream on or before the 20`n day of April, 2012, by removing the plantings in
the driveway and other areas that block the view of the home and return it to the previously
existing condition.
If Respondent does not comply with Sections 70 -146 and 70 -32 of the Code of Ordinances of
the Town of Gulf Stream on or before the 19w day of April, 2013, a fine of up to two - hundred-
fifty - dollars ($250.00) per day may be assessed for each day the violation continues to exist.
4. A Fine Assessment Hearing will be held before the Special Magistrate on the 23`d day of
April, 2013; at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida.
5. Respondent is not in violation of Section 70 -150 of the Code of Ordinances of the Town of
Gulf Stream.
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 immediately notify the Gulf
Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 2 "d day of April, 2013.
IZAIA
TOWN OF GULF STREAM
zz_\�
Special Magistrate