HomeMy Public PortalAboutPRR 15-2056From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.comj
Sent: Sunday, November 15, 2015 8:11 PM
To: Bill Thrasher<bthrasher@gulf-stream.org>
Subject: Public Record Request - violations of 42-29
Dear Custodian of Records,
This email is a singular request for a public record. Please respond to this public record request in a singular manner and
do not combine this public record request with any other public record requests when responding.
Before making this public record request, I first searched the public records portion of your agency's website hoping I
could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the records I wish to
examine.
I request you provide for my inspection the public record which is
The most recent record of any Notice of Violation or Notice of Hearing sent to a property owner which cited
any alleged violation of Town Code Section 42-29, Construction Abandonment
, (formerly codified as
Section 42-30)
other than sent to the property located at 2520 Avenue Au Soleil.
I make this request pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119 of the
Florida Statutes.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure
please cite the specific exemption as required by $119.07(1)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by § 119.070l(f) of the Florida Statutes.
Please take note of 4119.070)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge
receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, ifso, the location at
which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of
records that may be responsive to this public records request to preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the records
in the original electronic format in which they were created or received. See 4119.01(2)(fl. Florida Statutes.
Please provide only those records for inspection that do not require extensive use of information technologies or
extensive staff time or both in excess of 15 minutes. Please take note of $119.07(4)(03.(d) Florida Statues and if
you anticipate that any records exist, the production for inspection of which will require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost
you anticipate to be incurred by your agency prior to incurring this cost. Please do not incur any costs on my behalf
without fust obtaining my written authorization to proceed.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these
public records which would exceed $1.00 please nofify me in advance of your incurring that cost with a written
estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or
records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf
without fust obtaining my written authorization to proceed.
I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes
Please provide for my inspection the requested records within ten (10) days of your receipt of this request. All
responses to this public records request should be made in writing to the following email address:
chrisohareaulfstrea ma email.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 24, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2056 (violations of 42-29)
The most recent record of any Notice of Violation or Notice of Hearing sent to a property owner
which cited any alleged violation of Town Code Section 42-29, Constnrction Abandonment ,
(formerly codified as Section 42-30) other than sent to the property located at 2520 Avenue Air
Soleil.
Dear Chris O'Hare [mail to: chrisohareeulfstream(a)gmail.coml,
The Town of Gulf Stream has received your public records requests dated November 15, 2015.
The original public record request can be found at the following link: htti)://www2.gulf-
stream.org/weblink/O/doc/70392/Pagel.asi)x Please refer to the referenced number above with
any future correspondence.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. The Town will use its very best efforts to respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond. Unless you advise us otherwise, we
intend to process your request in the order they were received.
Sincerely, Town Clerk, Custodian of the Records
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Tuesday, November 24, 2015 11:45 AM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Urgent Follow Up - Fwd: GS #2056 (violations of 42-29)
Dear Custodian of Records,
On November 15, 2015 I asked you for the public record which is:
The most recent record ofany Notice of Violation or Notice of Hearing sent to a property owner
which cited any alleged violation of Town Code Section 42-29, Construction Abandonment,
(formerly codified as Section 42-30) other than sent to the property located at 2520 Avenue Au
Soleil.
Your response to this request is forwarded herein. You did not provide the record and instead
partially responded:
The Town will use its very best efforts to respond to you in a reasonable amount of time with the
appropriate response or an estimated cost to respond. Unless you advise us otherwise, we intend
to process your request in the order they were received.
I requested this record in order to prepare for the Code Enforcement Hearing against me
scheduled for Dec. 4th, 2015. I feel it is essential that I be able to inspect this record in a timely
manner to be adequately prepared to defend myself at this hearing. Can you please provide this
record for my inspection with this time frame in mind?
Sincerely,
chrisoharegulfstream(@,gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
WILLIAM F. KOCH, JR., Mayan
JOAN K ORTHWEIN, Vice May"
FRED B. DEVI T M
ROBERT W. HOPIONS H
WKI MA. LYNCH
March 26, 2001
Mrs. Lewis
7321 N.W. 441h Lane
Coconut Creek, FL 33073
Notice of Violation
Re: 925 Emerald Row, Gulf Stream, FL
Telephme
(561) 276-5116
Fm
(561) 737-01ae
Town Mmag"
KRISTIN KERN GARRISON
Tawe Clak
RRA L TAYLOR
As of February 21, 2001, your building permit #B99016987 for a single-family residence
has expired.
Section 42-30 of the Town's Code of Ordinances, requires that all construction be
completed prior to the expiration of a building permit. The Code further provides that
failure to restore the site to its pre -construction condition, including removal of all
structural improvements and placement of sod on all disrupted portions of the site, may
result in fines of up to $250.00 per day, after the permit expires.
The property generally described above and more particular described below is in
violation of town ordinances:
Lot 63, Place An Soleil Subdivision, Palm Beach, Florida
You are hereby directed to remove the CBS foundation and all construction materials
from the site and fully restore the lot with sod. If this restoration is not completed by
May 1, 2001, the Town will proceed with the scheduling of a Special Master Code
Enforcement Hearing.
(Code excerpts and photos are attached.)
cc: Michael Entin, Esquire
Toni Barns, US Attorney's Office
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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§ 42.27
GULF STREAM CODE
shall be paid. In addition, there shall be paid to
the town a fee four times the regular fee due the
town.
(Code 1978, § 4-3; Ord. No. 89-6, § 1, 12-15-89;
Ord. No. 98-1, § 1, 4-14-98)
Sec. 42-28. County to process applications;
fees for service.
The county building department shall process
plans that are submitted in triplicate, checking
the same for compliance with the codes adopted in
this article, and will determine the amount of the
permit fee and supply a copy of the same to the
town. For this and the inspection service the
county shall charge the builder a permit fee as
established by the county building permit fee
schedule. The fee to the county shall be paid by
the builder at the time application for permit is
submitted to the county.
(Code 1978, § 4-4)
Sec. 42-29. Approval of supplier of water
prior to permit issuance.
No building permits shall be issued in the town
which construction necessitates a water connec-
tion, unless and until the plans submitted to the
town are approved and stamped by the utilities
department of the City of Delray Beach, Florida.
It shall be the responsibility of any person seek-
ing to obtain a building permit within the town to
provide sufficient proof to the town of approval by
the City of Delray Beach Utilities Department as
described above.
(Code 1978, § 4-6)
/ Sec. 42-30. Construction abandonment.
All authorized construction shall be completed
prior to the expiration of the building permit
issued by the county. The expiration of a building
permit shall be prima facie evidence that the
building project has not commenced or has been
abandoned.
Failure of the permit holder or the property
owner to complete construction once it has been
initiated within the timeframe of the building
permit is a violation that will be referred to the
special master pursuant to Chapter 2, Article III,
Division 2, of this Code. Failure to restore the site
to its preconstruction conditions, including re-
moval of all structural improvements and place-
ment of sod on all disrupted portions of the site,
may result in a fine not to exceed $250.00 per
working day after the permit expires.
(Ord. No. 00-1, § 1, 3-10-00)
Supp. No. 1 CD42:4
Sec. 42-31. Driveway permits.
(a) Permit required. Construction or reconstruc-
tion of driveway aprons within town right-of-way
shall not commence until the town has issued a
driveway connection permit. The permit shall be
processed as a Level I site plan approval. The
town may impose reasonable conditions to ensure
that driveway ruri-off is directed away from the
roadway, to ensure free flow of drainage across
the base of the driveway apron where necessary
to reach existing or proposed drainage out -falls,
and to ensure proper connection with the travel
lane of the adjacent roadway.
(b) Properties fronting on SR AIA. Not with-
standing the foregoing, properties proposing ac-
cess to State Road AIA shall first obtain a drive-
way permit from the state department of
transportation.
(Ord. No. 00-1, § 2, 3-10-00)
Secs. 42-32-42-50. Reserved.
ARTICLE M. COASTAL CONSTRUCTION
CODE*
Sec. 42-51. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Beach shall mean the zone of unconsolidated
material that extends landward from the mean
low water line to the place where there is marked
change in material or physiographic form, or to
the line of permanent vegetation, usually the
effective limit of storm waves. 'Beach" is alterna-
tively termed "shore."
Breakaway wall or frangible wall shall mean a
partition independent of supporting structural
members that will withstand design wind forces,
but which will fail under hydrodynamic, wave
and runup forces associated with the design storm
surge. Under such conditions, the wall shall fail
in a manner such that it breaks up into compo-
nents which minimize the potential for damage to
life or adjacent property. It shall be a character-
istic of a breakaway or frangible wall that it shall
*Cross references—waterways, ch. 38; marine facilities,
structures and places, ch. 52; planning and development, ch.
58; zoning, ch. 66; site plan review, § 66-151 at seq.; supple-
mentary district regulations, § 66-351 at seq.
State law reference—Coastal construction, F.S. § 161.053
at seq.
PZRN PLANNING ZONING AND BUILDING
PERMIT STATUS AND RENEWALS
PERMIT NUMBER: B99016987 PLAN REVIEW NUMBER: 99 012405
PERMIT STATUS: EXPIRED LAST RENEWAL DATE :
NUMBER OF RENEWALS: 0
Uj/lb/Ul
11:36:35
DATE ISSUED
06/24/99
STRUCTURE TYPE:
LAST ACTIVITY:
08/26/99
PERMIT TYPE:
DATE INACTIVE:
02/22/00
DAYS INACTIVE: 567
DATE EXPIRED :
02/21/01
DATE OF VOID :
DATE COMPLETE:
CERTIFICATION:
CGC046402
COMPANY NAME:
DALE JOHN HESLEY
COMPANY ADDR:
1607 FIRETHORN DR
WELLINGTON, FL
ZIP CODE:
33414
INQUIRY COMPLETE
ENT = INQ
PFO1 = FWD
PF02 = BWD PF04 = RNW
PF05 = CAN
PE06 = CHG INFO
PF10 = CLR SCR PF20 = PZBN
gLaL L���
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 25, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2056 (violations of 42-29)
The most recent record of any Notice of Violation or Notice of Hearing sent to a property owner
which cited any alleged violation of Town Code Section 41-29, Constniction Abandonment ,
(formerly codified as Section 41-30) other than sent to the property located at 1520 Avenue An
Soleil.
Dear Chris O'Hare [mail to: chrisoharepulfstream(&email.coml,
The Town of Gulf Stream received your public records request on November 15, 2015. You
should be able to view your request at the following link http://www2.gulf-
stream.org/weblink/O/doc/70392/Pa eg l.asiix. In future correspondence, please refer to this public
records request by the above referenced numbers.
The responsive documents can be found at the same above link.
We consider this matter closed.
Sincerely, Town Clerk, Custodian of the Records
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Wednesday, November 25, 2015 1:33 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Fwd: GS #2056 (violations of 42-29)
Dear Custodian of Records,
Thank you for responding to my record request. The record found at the link you provided in
your response (attached) is responsive to my request. Unfortunately it is not the record I wanted
to inspect. I apologize for not being more accurate in my request. I had asked you for:
The most recent record of any Notice of Violation or Notice of Hearing sent to a property
owner which cited any alleged violation of Town Code Section 42-29, Construction
Abandonment, (formerly codified as Section 42-30) other than sent to the property located at
2520 Avenue An Soleil.
I intended to asked you for:
The most recent record of any Notice of Violation or Notice of Hearing sent to a resident of
an occupied property which cited any alleged violation of Town Code Section 42-29,
Construction Abandonment, (formerly codified as Section 42-30) other than sent to the
property located at 2520 Avenue An Soleil.
I hope this clarification makes it easier for you to produce the records I wish to inspect. Thank
you in advance for your continued attention to this matter.
I request these records In order to prepare for the Code Enforcement Hearing against me scheduled for Dec.
4th, 2015. 1 feel it is important that I be able to Inspect these records in a timely manner in order to be
adequately prepared to defend myself at this quasi-judicial hearing. Please provide these records for my
inspection no later than Tuesday, Dec 1 st.
I make this request referencing the same terms, conditions and citations as my previous request.
Sincerely,
Chris O'Hare
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 30, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2056 (violations of 42-29)
The most recent record of any Notice of Violation or Notice of Hearing sent to a property owner
which cited any alleged violation of Town Code Section 42-29, Constniction Abandonment ,
(formerly codified as Section 42-30) other than sent to the property located at 2520 Avenue Au
Soleil. (amended 11125115 - The most recent record of any Notice of Violation or Notice of
Hearing sent to a resident of an occupied property which cited any alleged violation of Town
Code Section 42-29, Constniction Abandonment , (formerly codified as Section 42-30) other
than sent to the property located at 2520 Avenue Au Soleil.)
Dear Chris O'Hare [mail to: chrisohareeulfstreamaemail.coml,
The Town of Gulf Stream has received your amended public records request dated November
25, 2015. Your original public records request and the amended request can be found at the
following link hqp://www2.gulf-stream.ore/weblink/O/doc/70392/Pagel.asnx. Please refer to the
referenced number above with any future correspondence.
Please be advised that no such records exist.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records