HomeMy Public PortalAboutPRR 15-2062From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Saturday, November 21, 2015 4:36 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Public Record Request - magistrate communication
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:
Any communication between the Town and the Town's special magistrate which is wholly or partially related
to the latest code enforcement action against O'Hare. The word Town used herein means anyone who works
for the Town or who holds an elected or appointed position with the Town including the Town Attorney.
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 § I19.07(l)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by 4'1 19.07(l)(f) of the Florida Statutes.
Please take note of §119.07(I1(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 oriOnal 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 4'1 19.070)(01(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 first 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 $ I.00 please notify 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 first 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:
chrisohareeulfstream(a)email.com
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Tuesday, November 24, 2015 11:48 AM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Second request for same record - Fwd: Public Record Request - magistrate communication
Dear Custodian of Records,
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
Kelly Avery
From: Gary Brandenburg <gary@brandenburgpa.com>
Sent: Wednesday, November 11, 2015 11:41 AM
To: Lou Roeder; Randolph, John C.
Cc: Chris O'Hare
Subject: RE: Case No. CE 15-1 - Motion for Clarification & Rescheduling
Mr. Randolph;
Please respond with the Town's position on Mr. Roeder's request by Monday 11/16/15.
Once, I have received the Town's position ,if any, I will enter an order.
Thank you
Gary
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
(561)799-1414
(561) 371-1824 (cell)
(561) 758-7496 (Sandy cell)
Gary@BrandenburgPA.com
From: lou.roeder@gmail.com imailto:lou.roeder@gmail.com] On Behalf Of Lou Roeder
Sent: Wednesday, November 11, 2015 8:51 AM
To: Randolph, John C. <1Randolph@jonesfoster.com>; Gary Brandenburg <gary@brandenburgpa.com>
Cc: Chris O'Hare <pinegd@gmail.com>
Subject: Case No. CE 15-1- Motion for Clarification & Rescheduling
Gentlemen,
Please note the attached.
Respectfully submitted,
Louis Roeder
Attorney at Law
Phone: 407-758-4194
Email: lou@louroeder.com
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
1
I ICONFIDENTIALITYNOTE: This email message and any attachments may contain confidential, privileged and non-disclosable
information. The information is intended onlyfor the use ofthe individual or entity named on this email. Ifymu are not the intended recipient, you are
hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on the contents ofthis email information, is strictly
prohibited and that the documents should be returned to the sender immediately. # you have received this email in error or by accidental
transmission, please notes the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard
copies. Thankyou.
Kelly Avery
From: Randolph, John C. <JRandolph@jonesfoster.com>
Sent: Friday, November 13, 2015 2:33 PM
To: Lou Roeder, gary@brandenburgpa.com
Cc: Rita Taylor
Subject: Town of Gulf Stream vs O'Hare CE 15-1
Attachments: 1NR0874-response motion clarification reschedule ce 15-1.PDF
Please see attached Town of Gulf Stream's Response to Respondents' Motion for Clarification and Request
for Rescheduling.
Thank you.
JONESFOSTER
JUHNSTUN@STUSKS, P.A.
Sally Matias Secretary to john C. Randolph, H. Michael asley, and Keith W. Rizzardi
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias(alionesfoster.com
Jones, Foster, johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Plorida 33401
561-659-3000 1 www.ionesfoster.com
Lncorring emads are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
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TOWN OF GULF STREAM
CODE ENFORCEMENT
TOWN OF GULF STREAM, CASE NO. CE 15-1
Petitioner,
vs
CHRISTOPHER O'HARE and
SHELLY O'HARE,
Respondents.
TOWN OF GULF STREAM'S RESPONSE TO
RESPONDENTS' MOTION FOR CLARIFICATION AND REQUEST FOR
RESCHEDULING
Pursuant to the Magistrate's request that a response be filed in regard to the
Town of Gulf Stream's position regarding Mr. Roeder's request, please be advised as
follows:
Mr. Roeder's suggests in paragraph 9 of his motion that a hearing date of
December 4, 2015 does not afford enough time for Respondents' counsel to properly
prepare for the code enforcement hearing and would, therefore constitute an undue
burden on the Respondents. In regard to that allegation, Petitioner has attached the
correspondence from Mr. Roeder to the undersigned, dated November 3, 2015,
requesting that this matter be postponed until sometime early December. Pursuant to
Mr. Roeder's request the hearing was rescheduled to December 4, 2015. Subsequently,
by email of November 5, 2015, Mr. Roeder asked if there was any possible way not to
have the hearing on a Friday. "If so, it would be greatly appreciated."
Based upon the length of time that this violation has existed and the efforts the
Town has gone to to schedule the hearing at a date requested by Mr. Roeder, Mr.
Roeder was advised in an email of November 6, 2015, that the December 4'h date
would not be changed.
Please see attached the Statement of Violation and Notice of Hearing. dated
October 30, 2015, which notice is far enough in advance of the scheduled hearing of
December 4 , 2015 to allow Mr. Roeder or another attorney to prepare for said hearing.
Prior to this notice of October 30, Mr. O'Hare was provided a Notice of Violation, dated
August 4, 2015, giving him an opportunity to correct the violations within thirty days of
delivery of the Notice. That notice stated:
"Failing to comply with this order shall result in an appearance before the
Special Magistrate and further action as provided in Chapter 2, Division 2,
of the code of ordinances, a copy of which is enclosed with copies of the
sections referred to herein."
Because of questions relating to adequacy of service, a subsequent notice was
sent on August 14, 2015, copy of which is attached. Well prior to these notices, Mr.
O'Hare and Mr. Roeder were aware of the violations, as they were subject to previous
appeals filed by Mr. Roeder on behalf of Mr. O'Hare in regard to Orders of the Town
relating to this matter. Copies of these document will be filed with the Magistrate at the
hearing.
There has been sufficient and reasonable notice to Mr. O'Hare and Mr. Roeder
relating to the scheduled hearing. Due process requires notice and a reasonable
opportunity to be heard. Certainly, a Notice of Violation on August 14, 2015, followed
by a Notice of Hearing dated October 30, 2015, for a December 4 hearing is adequate.
Furthermore, it appears, based upon Mr. Roeder's request that the hearing not be
011
scheduled for a Friday, that the real motivation here is for convenience, not for lack of a
reasonable opportunity to respond or prepare for the hearing as alleged.
WHEREFORE, Petitioner, Town of Gulf Stream, requests that the Magistrate
deny the motion to reschedule the hearing.
In regard to the Motion for Clarification in regard to the rules governing the
proceedings, the Magistrate is well aware of such rules and the Town will rely upon the
Magistrates knowledge in that regard. Respondents state they are unsure as to the
latitude they are to be afforded with respect to discovery. This issue has been
addressed in the case of City of Key West vs Havlicek 57 So. 3d 900 (2011 Fla App. )
which stands for the proposition that code enforcement matters are not governed by the
Florida Rules of Civil Procedure. Chapter 162, Florida Statutes, controls code
enforcement matters, which statute contains no provision regarding discovery. The
appellate court ruled in that case that the trial court departed from the essential
requirements of the law when it ordered that discovery depositions in the matter
pending before the Special Magistrate be held. Havlicek is consistent with Florida law
in so far as it provides that absent a specific statute or rule that requires pre final
hearing discovery or the taking of depositions, fundamental due process does not
require that a local government permit pre final hearing discovery in a quasi-judicial
code enforcement proceeding. What this means is that an alleged violator/owner is
entitled to a notice of violation and an opportunity to be heard at a final hearing before
entry of a dismissal or final order and nothing more.
Chapter 162.07 provides that formal rules of evidence shall not apply but
fundamental due process shall be observed and shall govern the proceedings. To this
K'
point fundamental due process has been provided by giving adequate notice of the
hearing and providing an opportunity to be heard. This is not a complicated case.
Adequate notice has been given in order to allow time for preparation.
WHEREFORE, Petitioner, Town of Gulf Stream, requests that the Magistrate
deny the motion to reschedule the hearing and clarify the matters regarding pretrial
discovery in the manner stated herein.
I HEREBY CERTIFY that a true copy of the foregoing has been furnished by
email to Louis Roeder, Esquire, lou(cDlouroeder.com; and Special Magistrate Gary
Brandenburg, Esquire, gary .brandenburgpa.com, this 13th day of November 2015.
pidocs11314710000 i Ipld\i ng4865.docx
JONES, FOSTER, JOHNSTON & STUBBS,
P.A.
Attorneys for Town of Gulf Stream
505 South Flagler Drive, Suite 1100
Post Office Box 3475
West Palm Beach, Florida 33402
Telephone: 561-659-3000
Facsimile: 561-650-5300
John C. Randolph
Florida Bar No. 129000
El
Matias, Sally
From: lou.roeder@gmail.com on behalf of Lou Roeder <lou@louroeder.com>
Sent: Tuesday, November 03, 2015 11:33 AM
To: Randolph, John C.
Subject: Statement of Violation & Notice of Hearing CE 15-1
Attachments: Notice Violation CE 15-1 103015.pdf
Skip,
Just this past weekend, my client, Mr. O'Hare, received the attached Notice of Violation.
The Violation included a code enforcement hearing set for Monday, Nov 16, 2015, 2:00 pm. That's such a
short time to prepare. It's not even two weeks away. Due to other legal commitments, i.e., another hearing
during the same time that day, preparation for a Federal appeal, etc., as well as the need to select an allomey,
there's is simply no way we could adequately prepare a defense in that short amount of time.
Could you please see if we can postpone this off until sometime early December? or with the holidays, maybe
even the second week of January? Please let me know as soon as you can.
Thanks.
Louis Roeder
Attorney at Law
Phone: 407-758-4194
Email: lou@louroeder.com
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
a0WIDENTIAL1TYNOTE: This ernall message and mry attachments may contain confidential, privileged and non -disclosable information.
The information is intended only jar the use ofthe individual or entity trained on this email. Ifyou are not the intended recipient, you are hereby
notified that ary disclosure, copying, distribution, or the taking ofany action in reliance on the contents of Ods ernall information. is strictly
prohibited and that the documents should be returned to the sender nnnnedlately. Ifyat have received this entail in error or by accidental
transmission, please notify, the sender by return entail iumnediately, delete all electronic copies ofthis email and all attachments and destroy all hard
copies. Thank yon.
Matias, Sally
From:
Randolph, John C.
Sent:
Thursday, November 05, 2015 1:30 PM
To:
'Lou Roeder'
Cc:
'Rita Taylor'
Subject:
RE: Statement of Violation & Notice of Hearing CE 15-1
Lou,
Pursuant to your request, the hearing has been postponed until Friday, December 4, 2015 at 10:00 a.m.
Please feel free to contact me if you have any questions.
JOHN C. RANDOLPH
JONESFOSTER
-.
11,u.4uu--.1- . r i
Jolm C. Randolph Attorney
Direct Dial: 561.650.0458 1 rax: 561.650.5300 1 irandolph@jontsfoster.com
tones. Foster, Johnston & Stubbs, P.A.
Ilagler Cenrer, Tower, 505 South Flagler Drive. Suite 1100, West Palm Beach, Florida 33,101
561-659-3(H10 I www.jonesfnster.com
Incoming emails are filtered which may delay receipt. 'flus email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
OF this email is prohibited. Please immediately noti6- Lis by email and delete the original message.
From: Iou.roeder algmail.com (mailto1ou.roeder0gmail.com] On Behalf Of Lou Roeder
Sent: Tuesday, November 03, 2015 11:33 AM
To: Randolph, John C.
Subject: Statement of Violation & Notice of Hearing CE 15-1
Skip,
Just this past weekend, my client, Mr. O'Hare, received the attached Notice of Violation.
The Violation included a code enforcement hearing set for Monday, Nov 16, 2015, 2:00 pm. That's such a
short time to prepare. It's not even two weeks away. Due to other legal commitments, i.e., another hearing
during the same time that day, preparation for a Federal appeal, etc., as well as the need to select an attorney,
there's is simply no way we could adequately prepare a defense in that short amount of time.
Could you please see if we can postpone this off until sometime early December? or with the holidays, maybe
even the second week of January? Please let me know as soon as you can.
'Banks.
Matias, Sally
From: Louis Roeder <lou.roeder@gmail.com>
Sent: Thursday, November 05, 2015 2:22 PM
To: Randolph, John C.
Cc: Lou Roeder; Rita Taylor
Subject: Re: Statement of Violation & Notice of Hearing CE 15-1
Follow Up Flag: Follow up
Flag Status: Completed
John,
I really appreciate your consideration and subsequent rescheduling to December 4. However, is there any
possible way NOT to have the hearing on a Friday? If so, it would be greatly appreciated.
Lott Roeder
Sent from my iPhone
On Nov 5, 2015, at 1:30 PM, Randolph, John C. <JRandolph(Elionesfoster.com> wrote:
Lou,
Pursuant to your request, the hearing has been postponed until Friday, December 4, 2015 at
10:00 a.m.
Please feel free to contact me if you have any questions.
JOHN C. RANDOLPH
JONESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Pax: 561.650.5300 j jrandolp]i@jonesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
1-lagler, Center,rower, 505 South Flagler Drive, Suite IRK), West Palm Beach, Plorida 33401
561-659-3000 I anvtv.jonesfoster.com
Incoming emails are filtered which may delay receipt. Phis email is personal to the named recipient(s) and
may be privileged and confidential. if you an not the intended recipient, you received chis in error. If so, any
ruview, disscminauon, or copying of this email is prohibited. Please immediately notify us by email and delete
the original message.
From: lou.roeder(a)gmall.com [mailto:lou.roederfalgmail.com] On Behalf Of Lou Roeder
Sent: Tuesday, November 03, 2015 11:33 AM
To: Randolph, John C.
Subject: Statement of Violation & Notice of Hearing CE 15-1
1
Matias, Sally
From:
Randolph, John C.
Sent:
Friday, November 06, 2015 10:13 AM
To:
'Louis Roeder
Cc:
Rita Taylor
Subject:
RE: Statement of Violation & Notice of Hearing CE 15-1
Follow Up Flag: Follow up
Flag Status: Completed
Lou,
The Town has gone to great lengths to reschedule this hearing, pursuant to your request, in early December,
with the December 41e date being the best date for the Magistrate and for the Town. Please be advised,
therefore, that the December 4, 2015 date will remain, as previously advised, to begin at 10:00 a.m.
JOHN C. RANDOLPH
JONESFOSTER
XIIISi1LLVklfCNlK X.1.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 j jr2ndolpb@ionesfoster.com
joncs, I-oster, Johnston & Stubbs, P.A.
Ilaglur Cutter Power, 505 South f lagler Drive, Suite 1100, \Gest Palm Beach, Florida 33401
761 -0i9 -31)(H) I wwwJonesfosteccom
Incoming emails are filtered which may delay receipt 111is email is persunal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this entail is prohibited. Please immediately notify us by email and delete the original message.
From: Louis Roeder rmailto:lou.roedertalomail.coml
Sent: Thursday, November 05, 2015 2:22 PM
To: Randolph, John C.
Cc: Lou Roeder; Rita Taylor
Subject: Re: Statement of Violation & Notice of Hearing CE 15-1
John,
I really appreciate your consideration and subsequent rescheduling to December 4. However, is there any
possible way NOT to have the hearing on a Friday? If so, it would be greatly appreciated.
Lou Roeder
Sent from my Whone
On Nov 5, 2015, at 1:30 PM, Randolph, John C. <JRandolph(@Jonesfoster.com> wrote:
Town of Gulf Stream /,gftj
100SeaRoad Arrl(I-e 206
Gulf Stream, FL 33483
Zoning Departmeia ru.
CODE ENFORCEMENT SPECIAL MAGISTRATE Fax
TOWN OF GULF STREAM, FLORIDA
CASENO: CE 15-1 10-30-15
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2-75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
Location/Address where violation(s) exist(s): 2520 Avenue Au Soleil, Gulf Stream, FL 334;
2. Legal Description: Lot 36, Place Au Soleil Subdivision
3. Name and address of owner/person in charge where violatiop(s) exiat(a): Ch,i st-Qpj a,- F,
O'Hare and Shelley L.C. O'Hare, 2520 Avenue Au Soleil, Gulf Stream, FL 33483
4. Violation of Town Code Section(s) and description(s): Sec. 42-29 OONSIRDL= ARANDOatM
Failed to complete construction. within timeframe of Bldg. Permit. Sec. --58 -238 ROOFS
Calls for flat, white thru' 6 thru, smooth, un -coated the but no tale has been
inconsistent roofing materials visible from mrgLtroterior of rIIaCo.wi ther
,m,- _"-, Profs tlr atry ote
ther
Sec.
(SEE ATTACHED "EXHIBITS OF VIOLATION")
S. Dale of First Inspection: _ July 17, 2015
6. Dale owner first notified of viclation(s): _ August 14, 2015
7. Date on/by, which violations are to be corrected: September 14. 2015
************************•**IMPORTANT NOTICE*************************
Unless the violator corrects the violation(s) described herein by the date set forth above AND
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561-276-5116 to verify
COMPLIANCE with the Town Codes) 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 11-16-15 et 2:00 P.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
r
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEFORE
11-19_15 , 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) ISIARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATION(S) IS/ARE CORRECTED AND THEN RECU1ED THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
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 Cade and if you fail to comply with such order within the time period set
forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining
in non-compliance.
If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES
CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN.
If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an
APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF
GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST
MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate with respect to any matters
considered at subject meeting, they will need a record of the proceedings, and for such -purpose, they
may need to ensure that a verbatim record of the proceedings is made, upon which record includes
testimony and evidence upon which appeal is to be based.
(FS 286.0105),
PLEASE GOVERN YOURSELF ACCORDINGLY.
By. Rita L. Taylor, Town erk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561)276-5116
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
SCOT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN N. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
August 4, 2015
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
NOTICE OF VIOLATION
Telephone
(561)276.5116
Fax
(561)777.0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Hand Delivery
Article #198
On August 29, 2011 the Town of Gulf Stream issued zoning approval
for the replacement of the roof on the home you own at 2520 Avenue
Au Soleil and issued Receipt Number 5777 to your contractor, Rooftec
Corporation. On August 30, 2011, the City of Delray Beach issued the
re -roofing Permit Number 11-135146 to Rooftec Corporation. The approved
permit covered re -roofing the structure with white, thru and thru,
flat cement tile with no slurry coating or paint. This work was started
but has, to date, not been completed in conformity with the permit
that was issued.
Section 42-29 CONSTRUCTION ABANDONMENT states that 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.
Section 70-238 ROOFS requires that roofs on homes that are predominately
with Bermuda influences have flat, white thru and thru, smooth, un -coated
tile. The roof is in violation as there is no tile in place.
Section 70-99 ROOF DESIGN, SLOPE AND MATERIALS (3) Prohibited lists
inconsistent roofing materials visible from the exter oro t e property,
except approved accent materials. The material that has been applied is
inconsistent with roofing materials visible from the exterior of the
property or with any other house in town and thus is in violation
of this section of the Code.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page 2
August 4, 2015
Christopher O'Hare
This is to be considered official notice to correct these violations
within 30 days of delivery and/or posting of this notice. It will be
necessary that you file a new application as there have been changes
in the Florida Building Code during this period of inactivity.
Failing to comply with this order shall result in an appearance before
the Special Magistrate and further action as provided in Chapter 2,
Division 2 of the Code of Ordinances, a copy of which is enclosed
along with copies of the Sections referred to herein.
Sincerely,
Rita L. Taylor
For:
William H. Thrasher, Town Manager
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
F
YY.
SCOTT W. MORGAN, Mayor
�.�,,
V
,f
ROBERT W. GANGER, %nee -Mayor
F'„„`.hVhW
•g.
JOAN R. ORTH WEIN
THOMAS M. STANLEY
DONNA S. WHITE
Z'
NOTICE OF VIOLATION
August 14, 2015
Christopher O'Hare
2520 Avenue Au Soleil
Gulf StreamR Florida 33483
Dear Mr. O'Hare:
Telephone
(5611276.5116
Fax
(561)707.0188
Town Manager
WILLIAM H. THRASHER
Town Clark
RITA L. TAYLOR
Hand Delivery
Article &199
On August 29, 2011 the Town of Gulf Stream issued zoning approval
for the replacement of the roof on the home you own at 2520 Avenue
Au Soleil and issued Receipt Number 5777 to your contractor, Rooftec
Corporation. On August 30, 2011, the City of Delray Beach issued the
re -roofing Permit Number 11-135146 to Rooftec Corporation. The approved
permit covered re -roofing the structure with white thru and thru,
flat cement tile with no slurry coating or paint. This work was started
but has, to date, not been completed in conformity with the permit
that was issued.
Section 42-29 CONSTRUCTION ABANDONMENT states that 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.
Section 70-238 ROOFS requires that roofs on homes that are predominately
with Bermuda influences have flat, white thru and thru, smooth, un -coated
tile. The roof is in violation as there is no tile in place.
Section 70-99 ROOF DESIGN, SLOPE AND MATERIALS (3) 'Prohibited lists
inconsistent roofing materials visible from the exterior o t e property,
except approved accent materials, The material that has been applied is
inconsistent with roofing materials visible from the exterior of the
property or with any other house in town and thus is in violation
of this section of the Code.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page 2
August 14, 2015
Christopher O'Hare
This is to be considered official notice to correct these violations
within 30 days of delivery and/or posting of this notice. It will be
necessary that you file a new application as there have been changes
in the Florida Building Code during this period of inactivity.
Failing to comply with this order shall result in an appearance before
the Special Magistrate and further action as provided in Chapter 2,
Division 2 of the Code of Ordinances, a copy of which is enclosed
along with copies of the Sections referred to herein.
Sincerely,
William H. Thrasher
Town Manager
Encls.
3 1'2-2 7
GULF STRE.UI COM
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the. town's
fee schedule shall he paid to the town. The permit
will he valid for a period of six months.
(e) If a person fails to obtain n building portal t
where otherwise required within the town, the
penalty fee applicable by the City of Duh'ay Beach
in the amount of three times the regular fee due
to the City of Delray Beach shall be paid. In
addition, there shall be paid to the town n fee
three times the rogldar fee due the town.
(Code 1978, § 4-3: Ord. No. 89-6, h 1, 12-15-89;
Ord. No. 98-1. # t, 4-14-98; Ord. No. 09-9, § 2,
11-13-09)
Sec. 42-28. County to process applications;
fees For set -vice.
The county building department shall process
plains that ore submitted in triplicate, checking
the same for compliance with the codes adopted in
this article, and will determine the amount of the
permit tea 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 ns
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, S 4.41
Sec. 42-29. Construction abandonment.
All authorized construction shall be completed
Prior to the expiration of the building permit
issued by the county. The expiration of's 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 timefrumo 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 Cale. Failure to restore the site
to its preconstruction conditions, including re-
moval of all structural improvements and place-
ment of sell on all disrupted portions of the site,
may result in n fine not to exceed $250.00 per
working day after the permit expires.
(Ord. No. 00-1, § 1, 3-10-00)
Edilor's ante— Irdinanry Na 03-1:1, i L adopted Detuloer
10. 200-1, repealed 5 t2-29. Formerly. such section pertained to
appm al nr supplh-r or water prior to Ix-nnit Issuance and
dr-rired 0nm ¢ 4-s or the 1978 Cole. Sub+equent ly. § 2 ofaame
ordinanru mnumhcmd 4 •12-:10 as § .12-19.
Sec. 42-30. Driveway permits.
(a) Perntit required. Construction or reconstruc-
tion of driveway aprons within town right-of-wny
shall not commence until the town has issued a
driveway connection permit. The permit shall he
processed as a Level I site plan approval. The
town may impose- reasonable conditions to ensure
that driveway run-off is direLted away from the
roadway, to ensure free flow of drainage across
the base or the driveway apron where necessary
to reach existing or proposed drninage nut -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 Rond AlA shall first obtain a drive-
way permit from the state department of
transportation.
(Ord. No. 00-1, $ 2, 3-10-00)
Editor*a n0te-0n1innnee Nn. 0:3-1:1. ¢:1. adopted October
10. 2003. renundtemd ; 42,31 (n 0 I2-30.
Secs. 42.31-42-50. Reserved.
CD42:4
GULF 917REAM DESIGS b41.\ -CAL
e iu-?9F
(b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a
transition between first and second stories. Afew critical stepbacks on n building are better than several
minor stepbacks that only complicate the facade and create busy architecture.
is Preferred.
Balconies
Simple rectangular config-
uratinns
Single story garages:
Smaller second story con-
figurations
Stepbadce to second story
Id) Discouraged.
Angular wells
Complex facade treatment
(excessive multi -layer
stepbacks)
''"..... ' """"cr sccnnu.11011', single story garage, and u balcony, help to
Ree. 7D -2:3R. Roofs.
articulate and give appropriate scale to [his house (preferred).
111) Required, Flat. white thru
and thru, smooth, un-conted tile and gray slate the may be permitted on homes that are predominately
Georgian or British Colonial with Bermuda influences. Flat, gray thru and thru, un-coatod the or
slate -like tile may be permitted at the discretion of nrchitectural review and planning board and town
commission through the Level II.I review process, subject to the architectural review and planning heard
and the tow" commission making n determination that such alternatives tire appropriate for the
neighborhood.
Ib) Preferred.
Combination hip/gable
roods
Deenrative cupped chim-
ney
Exposed rafter tails
Flashing, vent stacks. and
Pipes painted to match ad-
jucent building surface
flip rmlf
Low pitched roots (6:12
slopes)
1100foverhnngf2— 216 feet)
Simple roof geometry em-
phasizing long horizontal
liner
White flat untextured the
—ti stream- norm too s[}7e while file roof (required)
CD70:93
4 70-99
GULF STREA-M CODE
Sec. 70-99, Roof design, slope and materials.
Roots area major visual element and should be carefidly considered as to the proportion, texture, color
and compatibility with both the house style and neighboring buildings. Similarities in roof typos orate
a visual continuity in the streetscape and neighborhood. Brand low roof lines with overhanging caves
provide a reassuring sense of shelter and create shade far underlying windows.
(1) Preferred.
Exposed gutters and downspouts painted to match adjacent rtofor wall material
Expostxl rafter tails
Flashing, vent stacks, and pipes painted to match adjacent building surface
Gutters and downspouts designed its a continuous architectural feature
flip or gable rnnCs
Low pitched roars f under 28° or 0:12 slope)
Rauf material true to architectural style
Roof overhangs (two to 21/2 fact)
Roof pilcher over parches or ancillary structures (undar 45° or 1:1 slope)
Simple root' genmetry
Tile roof material
121 Discoaruged.
Road' material uncharacteristic of architectural style or zoning district
"S" -shaped the in same districts
Shed roofs
Steep slopes (over 45" or 1:1 slope)
CD70:46
CIULr STREMI DESIGN AIANUAL
Very low pitched roofs (less than 18° or 5:12 slope)
Hi Gable Shed Discouro ed)
Il2rahibimdlGambrel !Prohibited Mansard (Prohfbfted
(3) Prohibited.
Low Slope
Under 28°
(6:12 slope!
{/
Average Slupe
28°45°
IG:12-I:1)
OF N%L
Steep Slope
Over 45`
(I:l slope)
4 7(I-99
Asphalt shingles except on existing polo cottages and homes with existing asphalt or wood
shingles
]Bright, unnaturalistic-looking roof maleried
Plat rnofs visible river ten percent of tutal ruuf area, except when used at peaks to reduce roof
massing
Gambrel roofs
Glazed skylights un the slreclside
Inconsistent ronfing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except Unpainted copper when used as it decorative accent or on minor accessory
structures)
Non-earthtone colors (except white). titr example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Noll tile and similar the styles in all districts except Place Au Soleil
S -Tile in all districts except Place An Soleil
Solar panels on the streetside
CD70:47
$ 2-12
GL LF STREAM CODE
DIVISION 2. CODE ENFORCEMES'1''
Sec. 2-66. Title.
This division may be (mown and cited ns the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06-02, C 1, n-5-061
Sec. 2-67. Special magistrate term.
(a) Thure is hereby established u special mag-
istrate who shrill be dpsignated by the town
commission.
(b) The spocial magistrate shall be appointed
fir a term of two years and shall be appointed to
serve in an ox -officio capacity if the special mag-
istrate serves other local governments as it special
magistrate. Such serice 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 tut attorney
and it member of the Florida Bar.
idi The special magistrate shall serve at the
plen.gure of the town commission.
let Thu special magimrate Shull preside over
coda enfitrcoment matters scheduled to be heard
from time to time.
I t) Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shall be open to the public. The Lawn shall
provide clerical and administrative personnel az
may be required by the special magistrate for the
proper performance of his/her duties.
tg1 The town attorney or his/her designee ,hall
represent the town by presenting cases before the
special magistrate.
(Ord. No. 06-02, 0 1, 5-5-06)
(hate law reference�%Twcial taagistmtes, "I. 3 162,03.
?:4
"State law reference—Gide enfurcemmat. F.S. ell. 162.
AOSIIN ISTRITION
Sec. 2.68. Jurisdiction,
Is) 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.
(:,01 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. 2.60. 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-
i 2-69
tors, taw enforcement officers, public works in-
spectors, lire 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 n
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 2-7.5 to the violator. At the
option of the special mngistrate, 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 rensonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a henr-
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 car-
reeted, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repent violator. The repent 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
presonts a serious threat to the public health,
CD2:6
§ 2.6a
M 11,17 STRRAhI CODE'
safety, and welfare or if the violation is irreparn-
ble or irreversible in nature, the carne inspector
shall make a rcnsonahla eflirt to notify the vinln-
trr and may immediately notify the spocinl mag.
istrate and request a hearing.
(Ord. No. 06.0.2, § 1, 5-5-061
State law referonee�gio lar pruvisiuns. F.S. § 162M.
Sec. 2-70. Conduct of hearings.
(a) At the hearing, the burden of proof shall tar
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
or hit, been repented. Assuming proper notico of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
nuly proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recortled. The formal rule, orevidence shelf not
apply. Irrelevant, immaterial and unduly repeti-
I iDU, evidence of a typo commonly relied upon by
reasonable prudent pn•sons in the conduct of
their allieirs shrill be admissible, whether or not
site]) evidence would be admissible at a trial in
the courts orthe state. Documentary and physical
evidence may he admitted.
(c) The special magistrate may inquire orany
witness who is testit'ying before him/her: The
respondent, or his attorney and tho town attorney
and his/her designee shall be permitted to inquire
of wry witness before the special magistrate. The
spocinl magistrate may call any witness deemed
accessary to provide a full and fhir hearing urthe
t'i1Se.
(d) At the conclusion of the hearing, the spe-
cial magistrate stall issue findings of fact bused
un evidence on the record and conclusions of law,
till(] shall issue an order affording the proper
relief consistent with the powers granted heroin.
:Che order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days atter 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
cuts. fir purposes of this section. shall be $150.00.
CD2:6
The order entered by the magistrate shall in-
clude, in the event of noncompliance, n finding of
noncompliance, that the violator is required to
Pay the town administrative costs in the amount
or$150.00, that the order must be complied with
by a specified date and that a fine, as well a, the
cost of repairs, may be imposed if the order is not
complied with by such date. The administrative
costs shall he due regardless nfwhether 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 purchnsers, successors in in-
terest, or assigns if the violation concerns real
property, and the findings therein shnll he bind-
ing upon the violator and, ffthe violation concern,
real property, any subsequent purchasers or suc-
cessors in interest or assigns.
(Ord. No. 06-02, § 1. 5-5.06; Oral. No. 09-6. § 1,
I1 -1J-00)
State law reference—Similar provi,iuns. F.S. § 162.07.
Sec. 2-71. Powers.
The special magistrate shall have the power to:
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violntors nod witnesses
to his/her hearings.
I:i) Subpoena evidence as necessary tier his/
hot- 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 tierce 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 respondont(sl within ten
working days thereafter.
(6) Establish and enforce fine, pursuant to
section 2-72.
(7e Authorize the town attorney to firecluse
un liens inipmed pursuant to section 2-72
which remain unpaid after a period (if'
three months.
A
AMIINIST14117( .N
(8) Authorize the reduction of any fine he/sho
has imposed.
(Ord. No. 06-02, 0 1, 5-5-061
State law reference Similar provisions. CS. 162.06.
See. 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 tbis section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
cnse 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
fording of it violation or a repeat violation has
been made as provided in this section, a hearing
shall not be necessary tier 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 ns 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.
lei In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
,2-3
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous %iolations 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 an
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 snme 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 lion 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 lion entered pursuant to this section.
After three months from the filing crony 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
mny be foreclosed on real property which is a
homestead under Section 4. Article X of the State
Constitution.
(Ord. No. 06.02, t 1, 5-5-06)
State law referena�Similnr prnvininns. F.S. 4 162.09.
Sec. 2-73. Duration.
No lien provided under this division shall con-
tinue for a period lunger 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
an 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 he good against
CD2:7
§ 2.7:1
GULF STREAM (.:ODE
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
(Orel. No. 06-02, § 1, 5-5-06)
titate law reference similar provisions, ha. $ 162. le.
Sec. 2-74. Appeals.
All aggrieved party, including the town, may
appeal a final administrative m dor of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such air uppeal shall not be a
hearing do novo, but shall be limited to appellnto
review tit' the record created bolbre the special
magistrate. The appeal shrill be filed within 30
days of Che execution of the order to by appealed.
(Ord. No. 06-02, a 1, 5-5-0fi)
State law rererence—simile• prnriAdia4. 1•a § IIi•!.I I.
Sec. 2.75. Notices.
(a) All notices required by this acctioo shall be
pruvidud to the alleged violator by certified mail.
return receipt requested; by hand delivery by the
sherill' or other law enforcement officer, code, in-
spector, or other person designated by the local
govorning body; or by leaving the notice at the
viululor's usual place ol'residence with any person
residing therein who is above 15 years of age and
informing such person of the content,, of the
notice.
Ib1 In addition to providing notice as sat forth
in this section, at the option of the special nnagis.
orate. IMLle:e may also be served by publication or
Dusting, ns fellows:
(I) Such notice shall be published once dur-
ing each week f'or four consecutive weeks
(fear publications being sufficient) in a
newspaper of general circulation in Pahn
Basch County. ]Florida. The newspaper
shall meet such requirements as are pre-
scribed under Pis. rh..50 fin• hrgul and
official advertisements.
(2) Proof of publication shall be made as
provided in P.S. tis[ 50.041 and 50.051.
(3) In lieu ol'publicaLion as described in this
section, such notice may be posted for at
toast ten days in at levet two locations,
tine o1' which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) PrnefofPosting shall bebyaffidavit ofthe.
Person posting the notice, which affidavit
shall include it 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, tui attempt or
atteupts to provide notice by hand delivery m• by
mail ns 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 ur 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 tha ollt•ged violater' actually received such
[ratios.
(Ord. No. 06-02, ti 1, 5-5-06)
Slate law refereaee llmilnr provisions. F5. ¢ 1(i•1.12
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 owno• of real pruporty against which a
fine has been imposed pursuant to section 2-72
arae apply to the special magistrate, through the
town attorney or his/her designee, fur 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 lien: against the sub-
ject real property have been paid.
121 The applicant is not personally indebted
to the town fill. any reason.
131 All town code violations have been ctir-
rected under necessary permits issued
therefor.
1b1 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
:1L1>IL\181'IiA'I'II)� r 2.80
cial magistrate with less than full payment thereof, nite'term Of imprisonment not to exceed 60 days,
unless the special magistrate shall make a spe- in a municipal detention facility or other facility
cific finding that no violation of any ordinance as authorized by law.
de -scribed in section 2-68 of this Code exists on (Ord. No. 06-02, x 1, a-5-061
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 i If the property for which an application for
n 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 born corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a sat-
isl'nction of the lien with less than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06-02, ¢ 1, 6-5-061
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 tit
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 pruvided by existing laws. This
division shall be cunstrued to he supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord. No. 06-02. § 1, :i-5-06)
State law rererence,91milar proririuns. Es• a lli'Lelti.
Sec. 2-78. Alternative code enforcement pro-
cedures.
The town may employ other methods of code
mil'orcempnt 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 sontenced to a dofi-
cL
11.48.05a m 11-17-2015 1 1 1 5616222841
1111712015 13:22 DG55 Fax
(FAX)5616222841 P.0011001
TOWN OF GULF STREAM, FLORIDA
-CODE-ENFORCEMENT--------
TOWN OF GULF STREAM,
Petitioner,
V.
CHRISTOPHER O'HARE and
SHELLY O'HARE,
Respondents.
Case No. CE 15-1
ORDER ON
RESPONDENTS' MOTION FOR CLARIFICATION
AND REQUEST FOR RESCHEDULING
HAVING REVIEWED Respondents' Motion for Clarification & Request for
Rescheduling and the Town's response thereto, and having been fully apprised of the
matter,
IT IS HE, ORDERED THAT the Respondents' Request for Rescheduling is
DENIED.
IT IS HEREBY ORDERED THAT the hearing procedure shall follow the requirements
of the Town of Gulfstream Code of Ordinances, Division 2, Section 2-67, et seq.
DONE AND ORDERED this � day of November, 2015.
Copies to:
Louis Roeder, Esq., Counsel for Respondents
John C. Randolph, Esq., Attorney for the Town of Gulf Stream
From: Iou.roeder(&Qmail.com [mailto:lou.roeder(&gmail.coml On Behalf Of Lou Roeder
Sent: Wednesday, November 18, 2015 11:59 AM
To: Gary Brandenburg
Cc: Randolph, John C.; Chris O'Hare
Subject: Fwd: Town of Gulf Stream v. Christopher O -Hare and Shelly O'Hare
November 18, 2015
Gary Brandenburg
Town of Gulf Stream Magistrate
Brandenburg & Associates
11891 US Highway One, Suite 100
North Palm Beach, Florida 33408
Mr. Brandenburg,
We are in receipt of your Order denying a requested rescheduling of the Code Enforcement
hearing. I assume, therefore, the hearing is Friday, December 4, 10 AM, as per my last
communication with Mr. Randolph (see e-mail below).
However, there was no response as to the second request in our motion - basically asking that
you "specify guidelines for discovery with proposed timeframes consistent with... the... hearing
date."
Can we have a ruling on that?
Respectfully,
Louis Roeder
Attorney at Law
Phone: 407-758-4194
Email: lou@louroeder.com
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
cc. John Randolph, Town Attorney
Chris O'Hare & Shelley O'Hare, Respondents
CONFfDENTL4LTTYNOTE: This email message and any attachments may contain confidential, privileged and non -disclosable
information. The information is intended onlyfor the use ofthe individual or entity named on this email. /fyou are not the
intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on
the contents ofthis email information, is strictly prohibited and that the documents should be returned to the sender immediately.
!fyou have received this email in error or by accidental transmission, please note the sender by return email immediately,
delete all electronic copies ofthis email and all attachments and destroy all hard copies. Thankyou.
---------- Forwarded message ----------
From: Sandy Malloy <sandy brandenbur¢na.com>
Date: Tue, Nov 17, 2015 at 12:12 PM
Subject: Town of Gulf Stream v. Christopher O -Haze and Shelly O'Hare
To: "lou.roederna axnail.com" <lou.roeder(a =ail.com>, "louna,louroeder.com"
<lou(&Iouroeder.com>, "irandolphna jonesfoster.com" <irandolph@ionesfoster.com>
Town of Gulf Stream v. Christopher O'Hare and Shelly O'Hare
Re: Case No. 15-1
Gentlemen,
Please find attached the Order on Respondents' Motion for Clarification and Request for
Rescheduling.
A copy will also be sent to each of you via U.S. Mail today.
Thank you,
Sandy Malloy
Sandy Malloy, Assistant to Gary M. Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
(561) 799-1414
---------- Forwarded message ----------
From: Randolph, John C. <JRandolnh(F�ionesfoster.com>
Date: Fri, Nov 6, 2015 at 10:12 AM
Subject: RE: Statement of Violation & Notice of Hearing CE 15-1
To: Louis Roeder <lou.roeder(@,gmail.com>
Cc: Rita Taylor <RTaylor(a gulf-stream.org>
Lou,
The Town has gone to great lengths to reschedule this hearing, pursuant to your request, in
early December, with the December 4'^ date being the best date for the Magistrate and for the
Town. Please be advised, therefore, that the December 4, 2015 date will remain, as previously
advised, to begin at 10:00 a.m.
JOHN C. RANDOLPH
JONESFOSTER
loll N5r0N K 8 rVflK RA.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandol 2h a ionesfosteacom
TOWN OF GULF STREAM, FLORIDA
CODE ENFORCEMENT
TOWN OF GULF STREAM,
Petitioner,
V.
CHRISTOPHER O'HARE and
SHELLY O'HARE,
Respondents.
Case No. CE 15-1
ORDER ON
RESPONDENTS' MOTION FOR CLARIFICATION
AND REQUEST FOR RESCHEDULING
HAVING REVIEWED Respondents' Motion for Clarification & Request for
Rescheduling and the Town's response thereto, and having been fully apprised of the
matter,
IT IS HEREBY ORDERED THAT the Respondents' Request for Rescheduling is
DENIED.
IT IS HEREBY ORDERED THAT the hearing procedure shall follow the requirements
of the Town of Gulfstream Code of Ordinances, Division 2, Section 2-67, et seq.
DONE AND ORDERED this � day of November, 2015.
t�Wr a . Wt
Copies to:
Louis Roeder, Esq., Counsel for Respondents
John C. Randolph, Esq., Attorney for the Town of Gulf Stream
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 #2062 (magistrate communication)
Any communication between the Town and the Town's special magistrate which is wholly or
partially related to the latest code enforcement action against O'Hare. The word Town used herein
means anyone who works for the Town or who holds an elected or appointed position with the
Town including the Town Attorney.
Dear Chris O'Hare [mail to: chrisoharegulfstream(a,gmail.coml,
The Town of Gulf Stream received your public records request on November 21, 2015. You
should be able to view your request at the following link http://www2.gulf-
stream.org/weblink/O/doe/73172/Pagel.aspx 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