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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 and confidential. If you are not the intended recipient, you received this in error. If so, anv review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 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