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02/18/2014 * Case #CE-2-14 * O'Hare
A r j /'( /e ft j 2-- Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and P Zoning Departm IS. (561) 276 -5116 ent Fax (561)737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 2 -14 2 -18 -14 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. 1. Location/Address where violation(s) exist(s): 2520 Avenue Au Soleil, Gulf Stream, FL 2. Legal Description: Lot 36 Place Au Soleil Subdivision 3. Name and address of owner /person in charge where violation(s) exist(s): Christopher F. & Shelley L C O'Hare, 2520 Avenue Au Soleil, Gulf Stream, FL 33483 4. Violation of Town Code Section(s) and description(s): 70 -268 (c) prohibits objects of art visible from the street. A number of pictures are displayed acing Ave. Au Soleil on the property identified herein. (SEE ATTACHED "EXHIBITS OF VIOLATION ") 5. Date of First Inspection: Jan„ary 29, 7014 6. Date owner first notified of violation(s): January 23, 2014 7. Date on/by, which violations are to be corrected: _ January 26, 2014 * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * *s * * * * * * * * * * * * * * * * * * ** 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 Feb. 25, 2014 at 10:00 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 Lv,,� # William H. Thrasher, Town Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE Feb. 24, 2014 , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE 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. I� B Rita T Taylor, ToWiitlerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 THIS HEARING WAS CANCELLED. PROBLEM ELIMINATED PRIOR TO HEARING BEING HELD. m\ )a z E *e; ; \§ §d))7§ ; p m/ ¢ Gq % ■ >`ao m! a �] m )@ Z;aMM �§ )\ \ 0 k U` k�U)�5§ ( ƒ 2 ƒ |)§�® )> �G ( ] ] Bn \ a kz -1 / {§R) - E � k / § > �-® ■ / ic ■ CD m m� § \/ j / S 0; § k o - e §! k 2§ z> \\ `( C3 M C3 \° a f \ J§ ()) - - k)m - §\]off \) ) ) 0� , 000 §| )\* \2 -1( / e> - -� k \ ) ( � cl ��� / { { Fn § - d § 3 C0 0 § o /m ; m� U) w - m *(!wl-) F ek§ - \ ^ e§ »- ; \ ek»\ § §§§ ® in 0 «�' ]§// \ k§�Z z ` ` > § ;`0 :q n2 \ �§ \§ ( j) - ) §& / _ 222 ; - oee� ;o cn )§c ` 7� §2 �KM �0 �\z � \§ m ;b0M Article Addressed To: Christopher & Shelley O'Hare 2520-Ave. Au 1 Gulf 483 Signature of Addressee or Agent Signature Article No. 181& 182 Date Delivered: a,I o(fq m\ [ //4 ` / ® ^/ ; \§ )A / //§ § zo <m 0 � w 0��� . 2mmm ;u ( /�) \ } \� m cn C >m ( 7 w � m \ ) 0=�o \222 ] ] {)((� 2� ! 2 R§ \ ( /!E z\ { )a /§ R ) >w a / k >Om- / f § } ° ° -0 MCO 2 | 0 \ }\) \ 0U) ° § «� z %33 ` §! # 7 * i§ ) n> �¥ 811) m m° _))4 ®33 7 �� m0 `) \\§§ $2§ $2§ Z -1 / / (§§ \§w m mz / ))MM a§m© j�\ / moon ) m » « / C- m22 } \ § - ( \k\ § `q j /} j /)$ ; ,( t M. -M >MM -k( - \(§ § ;- /(\ | ; §($ Gk *7 §/§§ ` ;a 9320 §93 {§(z 0 C) d w , ®_ o $ §/ mo m Q § cn ; \ / � < m : q& C :) - OOE-i -U ;o z _ o=U� 2«� �\\ mMM \M \A M mom\ ° e : ;§ COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice Mayor MURIELL ANDERSON W. GARRETT DERING ROBERTW.GANGER January 23, 2014 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Christopher F. & Shelley O'Hare 2520 Avenue Au Soleil Gulf Stream, FL 33483 Dear Mr. & Mrs. O'Hare: Telephone (561) 276 -5116 Fax (561) 737 -0166 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Hand Delivery Article No. 179 It has come to our attention that you have a display of art in your yard at 2520 Avenue Au Soleil in violation of Section 70 -268 (c) of the Code of Ordinances of the Town of Gulf Stream. A copy of this Section is enclosed for your review. This is to be considered official notice to correct within two (2) days by removing the display of art. comply with this order shall result in future action in Chapter 2, Article III, Division 2 of the Code of a copy of which is also enclosed. V ry truly yours, / qL�/ William H. Thrasher Town Manager Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 this violation Failing to as provided Ordinances, GULF STREAM DESIGN MANUAL 4 70 -268 ARTICLE VIII. SUPPLEMENTAL DEVELOPMENT REGULATIONS Sec. 70 -266. Television antennas; satellite dishes. (a) Preferred. (1) Antennas confined to attic space. (2) Homes wired to accommodate cable reception. (3) Satellite of 18 inches in diameter or less screened from off - premise view. (b) Discouraged. (1) Satellite dishes of 18 inches in diameter or less mounted on front walls or front half of side walls unless absolutely necessary to ensure adequate reception. (2) Satellite dishes of 18 inches in diameter or less mounted on walls higher than 12 feet off of the ground or on roofs unless absolutely necessary to ensure adequate reception. (3) Satellite dishes of 18 inches in diameter or less not mounted under one -story eaves and adjacent to landscaping screening unless absolutely necessary to ensure adequate reception. (4) Satellite dishes larger than 18 inches that are not ground mounted unless absolutely necessary to ensure adequate reception. (5) Satellite dishes larger than 18 inches visible from off -site unless absolutely necessary to ensure adequate reception. (c) Prohibited. -� (1) Antennas over five feet from highest portion of roof. (2) Antennas attached to accessory buildings. _ (3) Satellite dishes over 12 feet in diameter. (4) Satellite dishes larger than 18 inches in diameter that are not capable of withstanding winds of up to 140 miles per hour. Sec. 70 -267. Mechanical equipment. (a) Preferred. Insulated for sound attenuation Located in attic or backyard Screened from view (b) Discouraged. Ground - mounted equipment higher than four feet above grade (c) Prohibited. Equipment visible from roadways Roof - mounted equipment visible from abutting properties Sec. 70 -268. Front yard accoutrements. (a) Preferred. None CD70:105 § 70 -208 GULF STREAM CODE n (b) Discouraged. All (c) Prohibited. Animal yard ornaments, e.g. pink flamingos, ceramic animals visible from the street Lawn jockeys visible from the street Objects d'art visible from the street Statuary visible from the street Sec. 70 -269. Mailboxes. (a) Preferred. (1) Standard, manufactured curbside box approved by the U.S. Postal Service. (2) Four -inch by four -inch wood posts or two -inch diameter standard steel or aluminum posts, buried no more than 24 inches in the ground. (3) Boxes mounted such that the bottom is no more than 31/z to four feet above the ground. (4) Boxes and posts painted black or white with address number. (5) Copper or brass boxes. (b) Discouraged. (1) Non - standard or custom designed boxes approved by the U.S. Postal Service. (2) Posts constructed of material other than solid wood or standard metal pipe. (3) Brightly painted. (4) Unfinished metal other than copper or brass. (c) Prohibited. (1) Boxes not approved by the U.S. Postal Service. (2) Decorative or other non - functional attachments to a box, whether or not approved by the U.S. Postal Service. (3) Square posts greater than four inches by four inches and round posts greater than four inches in diameter. (4) Posts that, when struck, could damage vehicles and cause injuries (e.g. concrete or heavy metal posts). (5) Bright designs inconsistent with the color scheme of the principal home. (6) Internally lighted or back -lit mailboxes. (Ord. No. 00 -1, § 63, 3- 10 -00) Secs. 70- 270-70 -295. Reserved. CD70:106 I 0 7]-i DG)-10 mZ � ❑ < f-,)> < O z O� -i< !2 NO U -m nDor m n c asp -Oi o� m mZDm -x vy ON[Znm O m m m r m m O m M 03:0 z3 DA 0O mm M A A O� q > m �t O m O p 00 -n .'9 <� m m N Z m ;a p C3 O <m In Q z [Di)ZOTcC70G m ❑ o p Z� C� y O' N Km- A w 2 m M v m Z m my 00 m~ mZNNrz� m c A r r =5 m-Di VV G. 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Agent Signature Article No. 179 Date Delivered: /7z 3f�i2s Jo.�hrsr �s� 7�sr § 2-42 GULF STREAM CODE (4) Attend all town commission meetings and he shall have the right to take part in discussion but may not vote. (5) Administer all laws, provisions of the char- ter and acts of the town commission sub- ject to enforcement by him or by officers subject to his supervision. (6) Prepare and submit the annual budget and capital programs to the town commis- sion. (7) Submit to the town commission and make available to the public a complete report on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom- mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commis- sion. (12) The town manager shall represent the town before appointive officers of other governmental bodies except when the town commission shall have designated some other person to act. (Ord. No. 89 -3, § 1, 5 -5 -89) Secs. 2- 43 -2 -55. Reserved. ARTICLE M. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2- 56 -2 -65. Reserved. DIVISION 2. CODE ENFORCEMENT* Sec. 2 -66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -67. Special magistrate term. (a) There is hereby established a special mag- istrate who shall be designated by the town commission. (b) The special magistrate shall be appointed for a term of two years and shall be appointed to serve in an ex -officio capacity if the special mag- istrate serves other local governments as a special magistrate. Such service to other local govern- ments does not create duties inconsistent with serving as special magistrate to the Town of Gulf Stream. (c) The special magistrate shall be an attorney and a member of the Florida Bar. (d) The special magistrate shall serve at the pleasure of the town commission. (e) The special magistrate shall preside over code enforcement matters scheduled to be heard from time to time. (f) Minutes shall be mfintained at all hearings presided over by the special magistrate; all bear- ings shall be open to they ublic. The town shall provide clerical and adminfistrative personnel as may be required by the special magistrate for the proper performance of his/her duties. (g) The town attorney or his/her designee shall represent the town by presenting cases before the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) State law refemnee—Special magistrates, F.S. § 162.03. CD2:4 *State law reference ode enforcement, F.S. ch. 162. i ;r r _- i ADMINISTRATION Sec. 2 -68. Jurisdiction. (a) The special magistrate shall have the juris- diction and authority to hear and decide any alleged violations of the following chapters of the Code and ordinances of the town as the same may be amended from time to time: (1) Chapter 6, Animals; (2) Chapter 10, Businesses, Professions and Occupations; (3) Chapter 18, Emergency Systems; (4) Chapter 22, Nuisances; (5) Chapter 26, Offenses; (6) Chapter 38, Waterways; (7) Chapter 42, Buildings and Building Reg- ulations; (8) Chapter 52, Marine Facilities, Structures and Places; and (9) Chapter 66, Zoning. (10) Chapter 70, Design Manual. (b) The jurisdiction of the special magistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in the court at the option of the administrative official bearing re- sponsibility for enforcement of that respective code or ordinance. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2-69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager and responsible for the enforcement of such ordinances, hereinafter referred to as a "code enforcement officer," may initiate code enforcement proceedings and issue citations or notices of violation to a person or persons to appear in front of the special magis- trate when -the code enforcement officer, upon personal investigation, has reasonable cause to believe that the person or persons are in violation of the codes cited in this division. Employees who may be designated as code enforcement officers may include but are not limited to, code inspec- § 2.69 tors, law enforcement officers, public works in- spectors, fire safety inspectors, and zoning inspec- tors. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsec- tion (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the special magistrate and request a hearing. The special magistrate shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2 -75 to the violator. At the option of the special magistrate, notice may addi- tionally be served by publication or posting as provided in section 2 -75. If the violation is cor- rected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the special magistrate even if the violation has been corrected prior to the special magistrate hearing, the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not re- quired to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special magistrate and request a bear- ing. The special magistrate shall schedule a hear- ing and shall provide notice pursuant to section 2 -75. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been cor- rected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the special magistrate. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special magistrate has previously found to have violated the same provision within five years prior to the violation. (d) If the code inspector has reason to believe a violation of the condition causing the violation presents.a serious threat to the public health, CD2:5 § 2 -69 GULF STREAM CODE safety, and welfare or if the violation is irrepara- ble or irreversible in nature, the code inspector shall make a reasonable effort to notify the viola- tor and may immediately notify the special mag- istrate and request a hearing. (Ord. No. 06 -02, § 1, 5 -5 -06) State law reference—Similar provisions, F.S. § 162.06. Sec. 2 -70. Conduct of hearings. (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repeti- tious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special magistrate may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the spe- cial magistrate shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. In the event the town prevails in prose- cuting a case before the magistrate, it shall be entitled to recover all costs incurred in prosecut- ing the case before the special magistrate and such costs may be included in the lien authorized under section 2 -72 of this chapter. Administrative costs, for purposes of this section, shall be $150.00. The order entered by the magistrate shall in- clude, in the event of noncompliance, a finding of noncompliance, that the violator is required to pay the town administrative costs in the amount of $150.00, that the order must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. The administrative costs shall be due regardless of whether the order is complied with by the requisite date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in in- terest, or assigns if the violation concerns real property, and the findings therein shall be bind- ing upon the violator and, if the violation concerns real property, any subsequent purchasers or suc- cessors in interest or assigns. (Ord. No. 06 -02, § 1, 5 -5 -06; Ord. No. 09 -6, § 1, 11- 13 -09) State law reference —Similar provisions, F.S. § 162.07. Sec. 2 -71. Powers. CD2:6 The special magistrate shall have the power to: (1) Adopt rules for the conduct of his/her meetings and hearings. (2) Subpoena alleged violators and witnesses to his/her hearings. (3) Subpoena evidence as necessary for his/ her hearings, including, but not limited to physical and documentary evidence such as records, surveys, plats and photo- graphs. (4) Take testimony under oath. (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, such decision to be made at the hearing and reduced to writing and mailed to the respondent(s) within ten working days thereafter. (6) Establish and enforce fines pursuant to section 2 -72. (7) Authorize the town attorney to foreclose on liens imposed pursuant to section 2 -72 which remain unpaid after a period of three months. �1 OW (8) Authorize the reduction of any fine he/she has imposed. (Ord. No. 06 -02, § 1, 5 -5 -06) State law reference—Similar provisions, F.S. § 162.08. Sec. 2 -72. Administrative fines, costs of re- pair; liens. (a) The special magistrate, upon notification by the code inspector that an order of the special magistrate has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the special magistrate. In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special magistrate shall notify the local governing body, which may make all reason- able repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a special magistrate finds a violation to be irrep- arable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b), below. (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first viola- tion, and shall not exceed $500.00 per day for a repeat violation, and, in addition may include all costs of repairs pursuant to subsection (a), above. However, if the special magistrate finds the vio- lation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the special magistrate shall consider the following factors: (1) The gravity of the violation; § 2 -73 (2) Any actions taken by the violator to cor- rect the violation; and (3) Any previous violations committed by the violator. (d) A certified copy of an order imposing a fine may be recorded in the public record and thereaf- ter shall constitute a lien against the land on which the violation exists, and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judg- ment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursu- ant to this section shall continue to accrue until the violator comes into compliance or until a judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the town and the town may execute a satisfaction or re- lease of a lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the town may authorize the town attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 06 -02, § 1, 5 -5 -06) State law reference—Similar provisions, F.S. § 162.09. Sec. 2 -73. Duration. No lien provided under this division shall con- tinue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attor- ney's fee, that it incurs in the foreclosures. The town shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commence- ment of the action shall not be good against CD2:7 § 2 -79 GULF STREAM CODE creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Ord. No. 06 -02, § 1, 5 -5 -06) State law reference — Similar provisions, F.S. § 162.16. Sec. 2 -74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special magistrate to the circuit court of Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special magistrate. The appeal shall be filed within 30 days of the execution of the order to be appealed. (Ord. No. 06 -02, § 1, 5 -5 -06) State law refemnee—Similar provisions, F.S. § 162.11. Sec. 2 -75. Notices. (a) All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code in- spector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in this section, at the option of the special magis- trate, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once dur- ing each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm Beach County, Florida. The newspaper shall meet such requirements as are pre- scribed under F.S. ch. 50 for legal and official advertisements. (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or post- ing as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 06 -02, § 1, 5 -5 -06) State law reference—Similar provisions, F.S. § 162.12. Sec. 2 -76. Procedure to request that a fine or lien imposed pursuant to sec- tion 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine has been imposed pursuant to section 2 -72 may apply to the special magistrate, through the town attorney or his/her designee, for a satisfac- tion of the fine with less than full payment thereof. No such application shall be considered by the special magistrate until the applicant has first shown that: (1) All ad valorem property taxes, special assessments, town utility charges and other government - imposed liens against the sub- ject real property have been paid. (2) The applicant is not personally indebted to the town for any reason. (3) All town code violations have been cor- rected under necessary permits issued therefor. (b) In considering an application to reduce a fine or lien imposed pursuant to section 2 -72, no satisfaction thereof shall be approved by the spe- CD2:8 t' ( I ADMINISTRATION § 2 -80 cial magistrate with less than full payment thereof, unless the special magistrate shall make a spe- cific finding that no violation of any ordinance de- scribed in section 2 -68 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to section 2 -72 that is reduced by the special magistrate shall be paid on such terms as approved by the special magistrate. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, the spe- cial magistrate may reduce such fine even if the violation has not been corrected. (e) Where recording has occurred and a lien filed against the property, any request for a sat- isfaction of the lien with less than full payment shall be considered by the town commission not the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -77. Provisions supplemental and cu- mulative. Nothing contained in this division shall in any way bar or prohibit the maintenance of a suit at law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from filing charges against any person, firm or corporation violating any town ordinance as provided by existing laws. This division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. (Ord. No. 06 -02, § 1, 5 -5 -06) State law reference—Similar provisions, F.S. § 162.013. Sec. 2 -78. Alternative code enforcement pro- cedures. The town may employ other methods of code enforcement including, but not limited to, the issuance of a notice to appear in county court or arrest for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordi- nance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a defi- nite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. (Ord. No. 06 -02, § 1, 5 -5 -06) ARTICLE IV. INSURANCE Sec. 2 -80. Property insurance premiums tax. (1) There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insur- ance as shown by the records of the State Department of Insurance, an excise tax in addition to any lawful license or excise tax now levied by the Town, in the amount of one and eighty -five hundredths (1.85) percent of the gross amount of receipts of premiums from policyholders on all pre- miums collected on property insurance policies covering property within the cor- porate limits of the Town. In the case of multiple -peril policies with a single pre- mium for both the property and casualty coverages in such policies, seventy (70) percent of such premium shall be used as the basis for the one and eighty -five hun- dredths (1.85) percent tax. This excise tax shall be payable annually on March 1 of each year. (2) All money derived from this tax shall be appropriated to the City of Delray Beach's Firefighter Relief and Pension Fund to provide fire- rescue services pursuant to the Interlocal Agreement between the Town of Gulf Stream and the City of Delray Beach. (Ord. No. 06 -08, § 1, 11- 17 -06) State law reference —Tax authorized, F.S. § 175.101. CD2:9 ��1 _ . c i a l m a g i s t r a t e w i t h l e s s t h a n f u l l p a y m e n t t h e r e o f , u n l e s s t h e s p e c i a l m a g i s t r a t e s h a l l m a k e a s p e - c i f i c f i n d i n g t h a t n o v i o l a t i o n o f a n y o r d i n a n c e d e - s c r i b e d i n s e c t i o n 2 - 6 8 o f t h i s C o d e e x i s t s o n t h e s u b j e c t r e a l p r o p e r t y . ( c ) T h e b a l a n c e o f a n y f i n e o r l i e n i m p o s e d p u r s u a n t t o s e c t i o n 2 - 7 2 t h a t i s r e d u c e d b y t h e s p e c i a l m a g i s t r a t e s h a l l b e p a i d o n s u c h t e r m s a s a p p r o v e d b y t h e s p e c i a l m a g i s t r a t e . ( d ) I f t h e p r o p e r t y f o r w h i c h a n a p p l i c a t i o n f o r a f i n e r e d u c t i o n i s b e i n g c o n s i d e r e d i s o w n e d b y a g o v e r n m e n t o r q u a s i - g o v e r n m e n t e n t i t y , t h e s p e - c i a l m a g i s t r a t e m a y r e d u c e s u c h f i n e e v e n i f t h e v i o l a t i o n h a s n o t b e e n c o r r e c t e d . ( e ) W h e r e r e c o r d i n g h a s o c c u r r e d a n d a l i e n f i l e d a g a i n s t t h e p r o p e r t y , a n y r e q u e s t f o r a s a t - i s f a c t i o n o f t h e l i e n w i t h l e s s t h a n f u l l p a y m e n t s h a l l b e c o n s i d e r e d b y t h e t o w n c o m m i s s i o n n o t t h e s p e c i a l m a g i s t r a t e . ( O r d . N o . 0 6 - 0 2 , � 1 , 5 - 5 - 0 6 ) S e c . 2 - 7 7 . P r o v i s i o n s s u p p l e m e n t a l a n d c u - m u l a t i v e . N o t h i n g c o n t a i n e d i n t h i s d i v i s i o n s h a l l i n a n y w a y b a r o r p r o h i b i t t h e m a i n t e n a n c e o f a s u i t a t l a w o r i n e q u i t y b y t h e t o w n t o e n j o i n o r c o r r e c t a n y v i o l a t i o n o f t h e o r d i n a n c e s o f t h e t o w n , n o r t o b a r o r p r o h i b i t t h e t o w n f r o m f i l i n g c h a r g e s a g a i n s t a n y p e r s o n , f i r m o r c o r p o r a t i o n v i o l a t i n g a n y t o w n o r d i n a n c e a s p r o v i d e d b y e x i s t i n g l a w s . T h i s d i v i s i o n s h a l l b e c o n s t r u e d t o b e s u p p l e m e n t a l a n d c u m u l a t i v e w i t h a n y a n d a l l o t h e r r e m e d i e s a v a i l a b l e t o t h e t o w n a n d n o t e x c l u s i v e . ( O r d . N o . 0 6 - 0 2 , � 1 , 5 - 5 - 0 6 ) S t a t e l a w r e f e r e n c e S i r a i l a r p r o v i s i o n s , F . S . � 1 6 2 . 0 1 3 . S e c . 2 - 7 8 . A l t e r n a t i v e c o d e e n f o r c e m e n t p r o - c e d u r e s . T h e t o w n m a y e m p l o y o t h e r m e t h o d s o f c o d e e n f o r c e m e n t i n c l u d i n g , b u t n o t l i m i t e d t o , t h e i s s u a n c e o f a n o t i c e t o a p p e a r i n c o u n t y c o u r t o r a r r e s t f o r v i o l a t i o n o f m u n i c i p a l o r d i n a n c e s a s p r o v i d e d f o r i n F . S . c h . 9 0 1 . U n l e s s o t h e r w i s e s p e c i f i c a l l y a u t h o r i z e d a n d p r o v i d e d f o r b y l a w , a p e r s o n c o n v i c t e d o f v i o l a t i n g a m u n i c i p a l o r d i - n a n c e m a y b e s e n t e n c e d t o p a y a f i n e n o t t o e x c e e d $ 5 0 0 . 0 0 , a n d m a y b e s e n t e n c e d t o a d e f i - � 2 - 8 0 n i t e t e r m o f i m p r i s o n m e n t n o t t o e x c e e d 6 0 d a y s , i n a m u n i c i p a l d e t e n t i o n f a c i l i t y o r o t h e r f a c i l i t y a s a u t h o r i z e d b y l a w . ( O r d . N o . 0 6 - 0 2 , � 1 , 5 - 5 - 0 6 ) A R T I C L E I V I N S U R A N C E P R E M I U M S S e c . 2 - 8 0 . P r o p e r t y i n s u r a n c e p r e m i u m s t a x . ( 1 ) T h e r e i s h e r e b y a s s e s s e d a n d i m p o s e d o n e v e r y i n s u r a n c e c o m p a n y , c o r p o r a t i o n o r o t h e r i n s u r e r n o w e n g a g e d i n o r c a r r y i n g o n , o r w h o s h a l l h e r e a f t e r e n g a g e i n o r c a r r y o n , t h e b u s i n e s s o f p r o p e r t y i n s u r - a n c e a s s h o w n b y t h e r e c o r d s o f t h e S t a t e D e p a r t m e n t o f I n s u r a n c e , a n e x c i s e t a x i n a d d i t i o n t o a n y l a w f u l l i c e n s e o r e x c i s e t a x n o w l e v i e d b y t h e T o w n , i n t h e a m o u n t o f o n e a n d e i g h t y - f i v e h u n d r e d t h s ( 1 . 8 5 ) p e r c e n t o f t h e g r o s s a m o u n t o f r e c e i p t s o f p r e m i u m s f r o m p o l i c y h o l d e r s o n a l l p r e - m i u m s c o l l e c t e d o n p r o p e r t y i n s u r a n c e p o l i c i e s c o v e r i n g p r o p e r t y w i t h i n t h e c o r - p o r a t e l i m i t s o f t h e T o w n . I n t h e c a s e o f m u l t i p l e - p e r i l p o l i c i e s w i t h a s i n g l e p r e - m i u m f o r b o t h t h e p r o p e r t y a n d c a s u a l t y c o v e r a g e s i n s u c h p o l i c i e s , s e v e n t y ( 7 0 ) p e r c e n t o f s u c h p r e m i u m s h a l l b e u s e d a s t h e b a s i s f o r t h e o n e a n d e i g h t y - f i v e h u n - d r e d t h s ( 1 . 8 5 ) p e r c e n t t a x . T h i s e x c i s e t a x s h a l l b e p a y a b l e a n n u a l l y o n M a r c h 1 o f e a c h y e a r . ( 2 ) A l l m o n e y d e r i v e d f r o m t h i s t a x s h a l l b e a p p r o p r i a t e d t o t h e C i t y o f D e l r a y B e a c h ' s F i r e f i g h t e r R e l i e f a n d P e n s i o n F u n d t o p r o v i d e f i r e - r e s c u e s e r v i c e s p u r s u a n t t o t h e I n t e r l o c a l A g r e e m e n t b e t w e e n t h e T o w n o f G u l f S t r e a m a n d t h e C i t y o f D e l r a y B e a c h . ( O r d . N o . 0 6 - 0 8 , � 1 , 1 1 - 1 7 - 0 6 ) S t a t e l a w r e f e r e n c e T a x a u t h o r i z e d , F . S . � 1 7 5 . 1 0 1 . C D 2 : 9 Gary R. Nikolits, CFA v Property Appraiser Palm Beach County Location Address 2520 AVENUE AU SOLEIL Municipality GULF STREAM Parcel Control Number 20- 43- 46- 04 -22- 000 -0360 Subdivision PLACE AU SOLIEL Official Records Book 24583 Page 1967 Sale Date MAY -2011 Legal Description PLACE AU SOLEIL LT 36 Owners OHARE CHRISTOPHER F & OHARE SHELLEY L C Sales Date Price OR Book /Page j MAY -2011 $485,000 24583 / 1967 NOV -1983 $280,000 04098 /1464 JAN -1972 $35,000 02052 /0325 Exemption Applicant /Owner OHARE CHRISTOPHER F & Property Appraiser's Public Access Mailing address 2520 AVENUE AU SOLEIL GULF STREAM FL 33483 6102 Sale Type Owner WARRANTY DEED OHARE CHRISTOPHER F & WARRANTY DEED GLASS BILLY L & WARRANTY DEED Year Detail 2014 Page 1 of 1 V Number of Units 1 *Total Square Feet 4148 Acres 0.44 Use Code 0100 - SINGLE Zoning RS -P - Single Family - PlaceAuSoleil ( 20 -GULF g FAMILY STREAM ) Tax Year 2013 2012 2011 Improvement Value $204,313 $164,445 $164,445 Land Value $268,757 $191,969 $186,378 Total Market Value $473,070 $356,414 $350,823 All values are as of January 1st each year ( Tax Year 2013 2012 2011 Assessed Value $362,473 $356,414 $350,823 Exemption Amount $50,000 $50,000 $0 Taxable Value $312,473 $306,414 $350,823 Tax Year 2013 2012 2011 Ad Valorem $5,970 $5,766 $6,470 Non Ad Valorem $174 $174 $174 Total tax $6,144 $5,940 $6,644 http: / /www.co.palm- beach. fl. us / papa / Asps IPropertyDetaillPropertyDetai l.aspx ?parcel= 204... 2/17/2014 N, OV 1.0 I ..... ............... . 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