HomeMy Public PortalAboutPRR 16-2122From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Wednesday, March 9, 2016 9:41 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>
Subject: Public Record Request CE -15-1 communications.
Dear Custodian of Records,
This email is a singular request for a public record in the custody of the Town of Gulf
Stream. 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 to this request.
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:
All electronic communication (including but not limited to email, voice mail, text,
twitter, facebook, snapchat, Instagram, social media, online forum, dropbox or
other media in any method of transmission including by wire, radio,
electromagnetic, photoelectronic or photooptical system) between any member
of the Town of Gulf Stream (see list below of entities identified by requester to be
included in the group he refers to as the Town of Gulf Stream) and any other
member or members of the Town of Gulf Stream or any entity other than
members of the Town of Gulf Stream in any way regarding the action styled Town
of Gulf Stream v. Christopher O'Hare, also known as CE 15-1.
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 6119.07(1)(e) of the Florida Statutes and state in writing and with particularity the
basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes.
Please take note of 6119.070)(c) Florida Statues and your affirmative obligation to (1)
promptly acknowledge receipt of this public records request and (2) make a good faith
effort which "includes making reasonable efforts to determine from other officers or
employees within the agency whether such a record exists and, if so, the location at
which the record can be accessed." I am, therefore, requesting that you
notify every individual in possession of records that may be responsive to this public
records request to preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format
please produce the records in the original electronic format in which they were created
or received. See §119.01(2)(f), 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. Take
note of §119.07(4)(a)3.(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 provide those records that can be produced within the first 15 minutes
and advise me of the cost you anticipate to be incurred by your agency for the
remaining records 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 $1.00 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.
The phrase Town of Gulf Stream used herein refers to the Town in its entirety including
all employees, appointees, officials, assignees, counsel and consultants including Town
Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town
Departments, Town Police Officers, Town Employees, Town Engineer, the law firm
(Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all
attorney, partner and employee members of that firm; the Town Counsel of Sweetapple,
Broeker & Varkus including all attorney, partner and employee members of that firm, the
Town Counsel of Richman Greer, P.A. including all attorney, partner and employee
members of that firm and any other entity associated with the Town and subject to
public records law.
The term public records used herein has the same meaning and scope as the definition
of Public records adopted by the Florida Legislature as Statutes Chapter 119. A record
that does not exist because of its disposition requires the creation of a disposition
record. In all instances where you determine a record does not exist please determine if
the record once existed and in its stead provide the disposition record for my inspection.
I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
All responses to this public records request should be made in writing to the following
email address:
chrisoharegulfstream(a)gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 11, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2122 (CE -15-1 communications)
All electronic communication (inchrding but not limited to email, voice mail, text, twitter,
facebook, snapchat, Instagram, social media, online forum, dropbox or other media in any method
of transmission including by wire, radio, electromagnetic, photoelectronic or photooptical
system) between any member of the Town of Gulf Stream (see list below of entities identified by
requester to be inchided in the group he refers to as the Town of Gulf Stream) and any other
member or members of the Town of Gulf Stream or any entity other than members of the Town of
Gulf Stream in any way regarding the action styled Town of Gulf Stream v. Christopher O'Hare,
also known as CE 15-1.
Dear Chris O'Hare [mail to: chrisohareeulfstreamAizmail.coml,
The Town of Gulf Stream has received your public records requests dated March 9, 2016. The
original public record requests can be found at the following links: htto://www2.sulf-
stream.ors/weblink/0/doc/82563/Pasel.asox. Please refer to the referenced number above with
any future correspondence.
The Town will use its very best efforts to respond to you in a reasonable amount of time with the
appropriate response or an estimated cost to respond.
Sincerely, Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via a -mail
April 7, 2016
Chris O'Hare [Mail to: chrisoharegulfstream@gmail.com]
Re: GS #2122 (CE -15-1 communications)
All electronic communication (including but not limited to email, voice mail, text, twitter,
facebook, snapchat, Instagram, social media, online form, dropbox or other media in any
method of transmission including by wire, radio, electromagnetic, photoelectronic or
photooptical system) between any member of the Town of Gulf Stream (see list below of entities
identified by requester to be included in the group he refers to as the Town of Gulf Stream) and
any other member or members of the Town of Gulf Stream or any entity other than members of
the Town of GutrStream in any way regarding the action styled Town of Gulf Stream v.
Christopher O'Hare, also known as CE 15-1.
Dear Chris O'Hare [Mail to: chrisoharegulfstream(&email.coml,
The Town of Gulf Stream received your public record request on March 9, 2016. Your request
can be found at the following link: htty://www2.gulf-
stream.org/weblink/0/doc/82563/Pagel.aWxx. In future correspondence, please refer to this
public records request by the above referenced number.
In regard to the town's response to this request, there are voluminous communications between
you and Magistrate Brandenburg and Mr. Randolph relating to this matter. Please clarify whether
you are seeking as part of this public records request copies of that correspondence on which you
are already named as a sender or receiver or on which you have already been copied. These
records, as you know, are voluminous, beginning from the inception of this matter to the
rendering of the magistrate's order including correspondence between you and the Magistrate
subsequent to the order. Please advise at your earliest convenience how you wish us to respond
in regard to this information.
If we do not hear from you within 30 days of this letter, we will consider this matter closed.
Respectfully,
Town Clerk
Custodian of the Records
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Thursday, April 07, 2016 2:24 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Re: GS #2122 (CE -15-1 communications)
Dear Custodian of Records,
I am in receipt of your April 7th request for clarification of my record request of March 9th.
Upon re-examinjing my original request I realize it does not clearly indicate the records I wish to
inspect. Please accept the following corrected language for the portion of my request you
selected for clarification. (Strike-thru words are deletions; underlined words are additions).
All electronic communication (including but not limited to email, voice mail, text, twitter,
facebook, snapchat, Instagram, social media, online forum, dropbox or other media in any
method of transmission including by wire, radio, electromagnetic, photoelectronic or
photooptical system) between any member of the Town of Gulf Stream (see list below of entities
identified by requester to be included in the group he refers to as the Town of Gulf Stream) and
any other member or members of the Town of Gulf Stream or any entity other than rnefnbers-ef
the Town of Gulf o...ea ff, me in any way regarding the action styled Town of Gulf Stream v.
Christopher O'Hare, also known as CE 15-1.
I apologize for any inconvenience this language edit may have caused you.
Sincerely,
Chris O'Hare
Bill Thrasher
From:
Bill Thrasher
Sent:
Tuesday, March 8, 2016 3:22 PM
To:
'Rustin, Janice'
Subject:
RE: Code enforcement hearing Monday March 7, 2016
Janice,
The Town will get the findings to you, but the time line could be two weeks.
1-T
From: Rustin, Janice[mailto:rustin@mydelraybeach.comj
Sent: Tuesday, March 8, 2016 3:14 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: FW: Code enforcement hearing Monday March 7, 2016
Mr. Thrasher: Please let the City know when a ruling has been issued in the Code Enforcement hearing that
City employees attended yesterday. If the magistrate issues a ruling, please forward a copy for our files.
Thank you,
Janice Rustin
Assistant Gry Attorney
Gry of Delray Beach
200 NW 1` Ave, Delray Beach, FL 33444
561-243-7090
rusti nP model ravbea ch.com
v .mvdelravbeach.com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or
the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may
therefore be subject to public disclosure.
Bill Thrasher
From: Rustin, Janice <rustin@mydelraybeach.com>
Sent: Tuesday, March 8, 2016 3:14 PM
To: Bill Thrasher
Subject: FW: Code enforcement hearing Monday March 7, 2016
Mr. Thrasher: Please let the City know when a ruling has been issued in the Code Enforcement hearing that
City employees attended yesterday. If the magistrate issues a ruling, please forward a copy for our files.
Thank you,
Janice Bustin
Assinam OtyAnorrey
Dry of Delray Bench
200 NW 1- Ave, Delray Beach, Fl. 33444
561-243-7090
WStin9D mvdelraybeach.com
v .mydelmybeach.mm
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or
the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may
therefore be subject to public disclosure.
Bill Thrasher
From:
Bill Thrasher
Sent:
Friday, February 12, 2016 11:37 AM
To:
John Mulleavey (John@roofteccorp.com)
Subject:
Roof Material
John,
In 1999/2000 a re -roofing permit was approved using a Espana Mission Roofing Tile manufactured by Mouier Lifetile
LLC. To replace that tile type today, could you tell me the material it is constructed of and a vendor/manufacturer to
contact to acquire said roof tile. The color of the Espana Tile in 1999/2000, although not important at this time, was
"Gold Dust".
Thank you,
Bill Thrasher
Bill Thrasher
From: Boral InfoSystem <donotreply@boral.com>
Sent: Thursday, February 11, 2016 2:09 PM
To: Bill Thrasher
Subject: Sample Order30128780 for PO #35 -TOWN OF GULF STRE
Attachments: Sample Order30128780 for PO #35 -TOWN OF GULF STRE.pdf
Fol
For Customer Service 800-669.8453
For Accounts Receivable 949-756-1605
Customer: 14962
TOWN OF GULF STREAM
BILL
100 SEA ROAD
GULF STREAM FL
33483
Freight Terms:
Freight On Board - Plant
Delv - Air - Cus Acct Pay
Plant:
Lake Wales
Shipment type:
Load Truck Upon Arrival
Repeat printout
Sample Order Confirmation
Sales Order Number Date
30128780 02/11/2016
Purchase Order Date
35 -TOWN OF GULF STRE 02/11/2016
currency USD
Indirect Roofer Purchase Order
Estimated Pickup Date 02/11/2016
Project Name: TOWN OF GULF STREAM
Address: 100 SEA ROAD,GULF STREAM,FL-33483
Roofing Contractor:
Builder:
Sales Representative:
Customer Service Representative:
Loading Instructions: FedEx Account Number -
Item New Part (Old Part) Description
Qty
Approx Pallets Approx Weight
0010 1 HBCS7165 () Barcelona 900 Gold Dust CIT
2 PC ( 0.02 SQ`) @
0.008
All sales are subject to Boral Roofing LLC's Terms and Conditions of Sale as shown on
Boral Roofing documentation including, but not limited to, Boral Roofing invoices.
Estimated Pickup Dates may be adjusted throughout the life of the order.
Please double check availability through our My Boral web services or with your regional customer service center.
You are responsible for the freight arrangement and cost of shipping your orders. If you would like us to arrange shipment, fax the Direct Ship
Form to 866-645-8011. Initial freight rates are only an estimate and may be adjusted at invoice point to reflect cost at that time. For more
information, please contact Boral Roofing Customer Service at 800-669-8453.
2010/140
Bill Thrasher
From: Bill Thrasher
Sent: Wednesday, February 10, 2016 2:29 PM
To: Rita Taylor
Subject: FW: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf
Stream v. Chris O'Hare
From: Randolph, John C.[mailto:JRandolph@jonesfoster.com]
Sent: Wednesday, February 10, 2016 2:04 PM
To: Bill Thrasher <bthrash er@gulf-stream.org>
Subject: FW: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
FYI
From: Gary Brandenburg [mailto:gary(a)brandenburgpa.coml
Sent: Wednesday, February 10, 2016 1:31 PM
To: c o; Randolph, John C.
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare;
I do not have the authority to order the Town to take the actions you have requested
even if I thought it was appropriate.
Your motions are Denied.
The continuation of the Hearing is Hereby set for March 7'h at 10:00 AM the Hearing
will continue until complete.
This is the only notice you will receive of the time and date of the Hearing. Please be
prepared to present your case at that time.
Mr. Randolph;
Please make sure the Hearing room is prepared and available that day.
This is the only notice you will receive of the date and time for the Hearing. Please be
prepared to present your case at that time.
Thank you,
Gary Brandenburg
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
1
North Palm Beach, FL 33408
(561)799-1414
(561) 371-1824 (cell)
(561) 758-7496 (Sandy cell)
Garv(@,BrandenburgPA.com
From: c o [mailto:pine¢dogmail.coml
Sent: Tuesday, February 09, 2016 7:19 PM
To: Gary Brandenburg <sary@brandenburgpa.com>; Randolph, John C. <JRandolph@ionesfoster.com>
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement -Town of Gulf Stream v. Chris O'Hare
Mr. Brandenburg,
I feel you are being unreasonably persistent in demanding I chose dates to continue this hearing and at the same
time apparently refusing to answer my questions.
I have tried to be as polite and respectful as possible; yet you have been somewhat unclear about whether the
rescheduling of the hearing should occur before or after I consult with Mr. Randolph.
I asked you to instruct the Town to render a decision on my pending roof permit. Instead you classified this
request as an attempt to negotiate a settlement and told me to continue the discussion directly with Mr.
Randolph without your involvement. When I attempted to do just that, Mr. Randolph wrote, "Thank you. I
would prefer that we set the hearing date first as requested by the magistrate." You, then, continued to press me
for a hearing date. Evidently, Mr. Randolph's "preference" has become a mandate.
Mr. Randolph has not responded further to my attempt to have that discussion. Instead he wrote, "Although the
Town is willing to discuss with Mr. O'Hare the possibility of an amicable resolution of this matter, such
resolution, if one is reached, should be incorporated into the form of an order setting forth the specific terms
agreed to by the parties." He then concluded that because any resolution should be incorporated into an order,
that a date to continue the hearing should be set now rather than later. I don't follow that jump in logic; but
perhaps it makes sense to you and you could explain it to me. To my way of thinking, there is no connection
between starting a settlement discussion, and setting a date to formalize it before the discussion even begins.
Shouldn't we see how the discussion progresses before we set the deadline for its completion? My only
conclusion is that Mr. Randolph wishes to use the set date as a means to pressure me into agreeing to whatever
stipulations he wants. There is no benefit to me to have this looming deadline — it only benefits Mr. Randolph.
This argument is moot anyway because on further reflection I don't consider my request to you to instruct the
Town to act on my pending roof permit application to be a settlement negotiation. I submitted this permit
application which is my right and the Town should either approve it or deny it which is their obligation. It is
either permitted under the Town's code or it isn't. This code enforcement action will not change whether or not
my application deserves approval.
Town seeks to impose on me. According to the remedy proposed by Mr. Randolph when he questioned Mr.
Thrasher AND Mr. Thrasher's sworn testimony affirming that remedy, the pending roof permit application to
restore my home's roof to its original condition is the very same remedy that the Town's code mandates if you
find in favor of the Town's charge that my existing roof permit is abandoned. So why are you and Mr.
Randolph so insistent that a date be set for the hearing to resume?
My pending roof permit application would restore my home to the prior condition my roof was in at the time the
current permit was applied for. And the judgment and resolution now sought by the Town, i.e., that my roof
permit is abandoned and the work must be removed and returned to its original condition, has already been met
by my application to obtain a roof permit that does exactly that.
timely manner. If the Town approves my permit application, then there is no need to continue with the
code enforcement hearing. If the Town denies my permit application then I will need to know that in order to
present my complete case to you when the hearing continues.
I feel Mr. Randolph and your persistent attempts to schedule a continuation of this Code Enforcement hearing
are an undue burden and oppressive given the exceptional circumstances I have presented to you. In the interest
of judicial economy, in order to spare the expenditure of additional Town resources, to avoid any undue stress
for all involved and to alleviate the need for me to seek clearance from my doctors to attend, I respectfully
move that you act on these motions before rescheduling a continuation of this code enforcement hearing. If and
when it becomes necessary to continue this hearing, I ask that you first obtain dates from Mr. Randolph. This
will allow me the ability to shuffle my obligations so as to meet one of Mr. Randolph's proposed dates. It will
also allow me to consult with my doctors regarding my ability to attend a hearing on that specific date.
If you need these motions in a different format or in a more lawyerly form, please let me know and I will do my
best to comply.
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
copy to Randolph
On Tue, Feb 9, 2016 at 2:51 PM, Gary Brandenburg <gary a,brandenburgya.com> wrote:
Mr. O'Hare;
Please respond to my request regarding scheduling, which asked you to select a date
and did not need to be copied to Mr. Randolph.
Gary Brandenburg
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 a BrandenburaPA.com
From: c o [mailto:pineadCaamail.coml
Sent: Tuesday, February 09, 2016 2:32 PM
To: Gary Brandenburg <gary abrandenburepa.com>; Randolph, John C. <JRandolph a ionesfosteccom>
5
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
Gary,
I am not a lawyer but I believe your email should be copied to all parties. If I am correct in my belief, please do
not communicate with me in your role as a judicial Special Magistrate without also including Mr. Randolph in
the communication. If I am wrong in my belief, I apologize and respectfully request you correct me.
Until I hear from you on this matter I am uncomfortable responding to your email. If you chose to send it again
and include Mr. Randolph as a co -recipient, I will respond immediately.
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
Copy to Mr. John Skip Randolph
On Tue, Feb 9, 2016 at 1:44 PM, Gary Brandenburg <gary n brandenburgpa.com> wrote:
Mr. O'Hare
March 1, 2, 4 or 7;
Which would you prefer?
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 OcBrandenburgPA.com
From: c o [mailto:pineed@gmail.coml
Sent: Tuesday, February 09, 2016 12:38 PM
To: Gary Brandenburg <Rary@brandenburepa.com>; Randolph, John C. <J Randolph@ ionesfoster.com>
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
Gary,
You write, "Please give me dates as requested. If I don't receive your response by noon tomorrow
will set a date." If you, as the Magistrate, set the date without input from Mr. Randolph or myself you
may discover that one of us may have a conflict. It seems prudent to me that the players decide
amongst ourselves what dates would be best and provide those dates to you so you can choose
which works with your schedule. Don't you agree?
I have already started negotiations with Mr. Randolph. And as per your request I have not copied you with our
correspondence or any discussions which may or may not include dates, settlement details or any other
confidential information.
Has Mr. Randolph provided any dates to you yet? If not, he apparently now agrees with me that we should
continue our settlement discussions without the urgency of any arbitrary deadline. I anticipate that the date
to either formalize a settlement, if one is reached, or otherwise proceed with the hearing may or
may not be a subject Mr. Randolph and I discuss in our settlement negotiations.
Once Mr. Randolph and I have had a chance to meet and talk and agree to share any part of our confidential
discussions with you, I will contact you again about this matter.
Thank you for your patience.
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
copy to randolph
On Tue, Feb 9, 2016 at 11:56 AM, Gary Brandenburg <garv(&brandenburgpa.com> wrote:
Mr. O'Hare;
Please give me dates as requested.
If I don't receive your response by noon tomorrow I will set a date.
Thank you.
Gary Brandenburg
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)
7
(561) 758-7496 (Sandy cell)
Gary cr,BrandenburgPA.com
From: Randolph, John C.[mailto:JRandolph@ionesfoster.coml
Sent: Monday, February 08, 2016 6:00 PM
To: c o <pinegd(Mgmail.com>
Cc: Gary Brandenburg <gary(@brandenburepa.com>
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v.
Chris O'Hare
Thank you. I would prefer that we set the hearing date first as requested by the magistrate.
JONESFOSUR
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolphnionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 wanv.jonesfoster.cotn
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notif, us by email and delete the original message.
From: c o fmailto:pineod(@gmail.coml
Sent: Monday, February 08, 2016 4:34 PM
To: Randolph, John C.
Cc: Gary Brandenburg
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. Randolph,
I am certainly open to an amicable resolution. I think it may be jumping the gun to set a hearing date before
we have a chance to talk. Why don't we talk first and then set a date. It seems to me this way neither the
Town nor I will be pressured to conclude our settlement discussions prematurely.
I am available to meet this Friday morning on Feb 12 at 9:00 a.m, or the following Wednesday morning on
Feb 17 at 10:30 a.m. or the following Fri afternoon on Feb 19 at 4:00 p.m. For your convenience I am willing
to meet at your downtown office in WPB so you won't have to drive anywhere.
By copy of this email I am notifying Mr. Brandenburg that I will not share any further emails on this subject
with him at his request. When we conclude our discussions I will join you in scheduling a date to hopefully
finalize our settlement or resume the code enforcement hearing as per Mr. Brandenburg's instructions.
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL
On Mon, Feb 8, 2016 at 2:54 PM, Randolph, John C. <JRandoloh(oDionesfoster.com> wrote:
Dear Mr. Brandenburg,
Although the Town is willing to discuss with Mr. O'Hare the possibility of an amicable resolution of this
matter, such resolution, if one is reached, should be incorporated into the form of an order setting forth the
specific terms agreed to by the parties. To that end, I would, therefore, request that a hearing be set as
originally proposed by you during the first two weeks in March to either formalize a settlement, if one is
reached, or otherwise proceed with the hearing..
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
WIINS7nYkSrl'PBS, i:ti
John C. Randolph Attorney
DireetDial: 561.650.0458 1 Fix: 561.650.5300 1 irandolphL@jonesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Gary Brandenburg[ma ilto:garv(&bra ndenburapa.coml
Sent: Monday, February 08, 2016 10:52 AM
To: c o
Cc: Randolph, John C.
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare;
By a copy of this e-mail I have asked Mr. Randolph to respond to your suggestion.
10
It should be noted that I do not get involved in settlement discussions between the
parties and you should discuss this with Mr. Randolph directly without my
involvement.
The only issue I am interested in is the dates for the completion of the Hearing , if
that is necessary, after your consultation with the Town's Attorney.
Gary Brandenburg
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 OcBrandenburgPA.com
From: c o [mailto:pineed@amaii.coml
Sent: Saturday, February 06, 2016 8:26 AM
To: Gary Brandenburg <gary@brandenburapa.com>; Randolph, John C. <JRandolph CED ionesfoster.com>
Subject: Fwd: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. Brandenburg,
Please accept this email as a revision and replacement of my earlier email to you and Mr. Randolph.
Upon reviewing that earlier email I discovered that I was not as clear as I wished to be. The forwarded email
contains deletions (marked as strikethrough text) and additions (marked as underlined text). I ask that you
disregard the earlier email and accept this email as its replacement.
I apologize for any inconvenience this may have caused you.
11
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
---------- Forwarded message ----------
From: c o <pinegd(a.gmail.com>
Date: Fri, Feb 5, 2016 at 6:09 PM
Subject: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
To: Gary Brandenburg <g_arya,brandenburgaa.com>, "Randolph, John C." <JRandolph(aJonesfoster.com>
February 5, 2016
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
561-798-1414
Mr. Brandenburg,
In response to you recent request for possible dates to continue the code enforcement hearing, may I suggest a simpler, less expensive,
less time consuming, and less stressful, solution?
While I do not concede that my existing roof permit has expired, I have recently attempted to obtain a permit for a Terracotta Barrel
Tile roof covering for my home that is the same as the Terracotta Barrel Tile roof covering which was on my home at the time I obtained
my current roof permit - see Attachment, O'Hare - 2520 AASRoojPermit Application 1-19-16. This same roof covering can be seen on
12
many homes throughout the Town of Gulf Stream and on homes in my neighborhood of Place Au Soleil. This is the same 20 year old
roof covering that is depicted in the photo of my home which was introduced into evidence by Mr. Randolph at the hearing.
Instead of continuing with the code enforcement hearing, why couldn't the Town simply approve my outstanding permit application to
restore the original Terracotta Barrel Tile roof? This is the same roof covering about which Mr. Thrasher offered the following sworn
testimony:
Town Attorney Randolph: And does it [the Town Code] also provide, in that Section 42-29, if a
project is abandoned that it should go back to the condition that it was in prior to the giving of the
permit?
Town Manager Thrasher: Yes.
Town Attorney Randolph: So in the event that he (O'Hare) were to be required to comply with 42-29, he
would be required to go back to the tile terracotta roof that had existed at the time?
Town Manager Thrasher: Yes.
Transcript of Thrasher testimony, Dec 4, 2015 Code Enforcement Hearing, pg 194, 4-13
I believe I have sufficient evidence to prove during the upcoming continuation of this hearing that my existing roof
permit is still valid but if instead the Town were to prevail, the resulting order would be for my roof to be
returned to the condition that existed when the allegedly abandoned permit was first issued. The code
mandated consequence of abandonment, proffered by Mr. Randolph and confirmed in sworn testimony by
Mr. Thrasher, is the very same condition that would result frem he Town's ...•,.,.essf.l ..reseeuti ,., of their
ease if Mr. Thrasher would simply approve my outstanding roof permit application. So why go forward with
the prosecution and the hearing if the Town's stated objective can more easily be met by the granting of this
pending permit application?
I describe this application as pending because Mr.Thrasher has written me that his review ofthis permit application is pending the final
decision ofthe Special Magistrate - see Thrasher e-mail below.
Mr. Thrasher, for reasons known only to the Town, is withholding review of this application pending a final decision by you. A decision
to be based on testimony and evidence presented in a continued hearing which is made unnecessary because the roof permit I seek to
obtain is the very same roof permit which the Town asserts, via sworn testimony, would be required by code if the outcome of the hearing
is a decision in the Town's favor.
13
In the interest of judicial economy, and to spare the expenditure of additional Town resources and any undue stress for all involved, I
respectfully ask that you instruct the Town to render a decision on my existing roofing permit before negotiating a date for continuing a
code enforcement prosecution that may very well be unnecessary.
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
Forwarded message
From: Bill Thrasher <bthrashen`a.eulf-stream.ore>
Date: Thu, Jan 21, 2016 at 3:01 PM
Subject: Re -roof Application Dated 1119116
To: Chris O'Hare<chrisohareeulfstream(aemait.com>
Cc: "Lou Roeder (/ou@louroedercom)" </ou(a)louroeder.com>, Rita Taylor <RTavlorfa etdf-stream.ore>
On January 19, 2016 a Delray Permit application, requesting approval to re -roof the divelling at 1510 Avenue Au Soleil, was
submitted to the Town ofCulfStream. The review of this permit application ispending the final decision of the Special Magistrate
presiding over a Code Enforcement Hearing that commenced on December 4, 2015 and then continued again to January 28, 2016 at
9:00 A.M.
On Fri, Feb 5, 2016 at 12:01 PM, c o <pinegdna glnail.com> wrote:
Sorry for the delay. I will get back to you by this evening. Thanks for your patience.
On Feb 5, 2016 11:06 AM, "Gary Brandenburg" <gary@,brandenburepa.com> wrote:
Mr. O hare
14
I requested you to give us dates that you are available in the 1st two weeks of March. I have not
heard back. Please respond.
Gary
Sent from my iPhone
Begin forwarded message:
From: Gary Brandenburg <gary(cRr brandenburgpa.com>
Date: January 27, 2016 at 3:34:35 PM EST
To: c o <pinegd n,gmail.com>
Cc: "JRandoloh(cbionesfoster.com" <JRandolnh(cr,,ionesfoster.com>
Subject: Re: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare
I am going to postpone tomorrow's
Hearing.
I will advise of the new date and time in the near future.
Thank you
Gary Brandenburg
Sent from my iPhone
On Jan 27, 2016, at 2:21 PM, c o <pinegd ,gmail.com> wrote:
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
Dear Mr. Brandenburg,
You may recall that, for medical reasons, I was unable to
continue with the Code Enforcement Hearing of January 20th at the
Town of Gulf Stream. Should the Town wish to schedule the
continuation of that hearing for a later date, I respectfully request you
15
refer to the attached letters from my physicians, Dr. Cohen and Dr.
Gross, and follow their recommendations when considering any new
dates.
Dr. Cohen was kind enough to see me right after my release from
Bethesda Hospital and wrote the attached letter after his examination
of my physical condition. Dr. Gross completed his initial examination
last night, and wrote his more extensive recommendation based on
his assessment of my contributing mental condition.
Should the hearing be scheduled to continue at a time when Dr.
Cohen and Dr. Gross both feel my attendance is appropriate, I will do
my best to attend and present evidence and testimony that I believe
will exonerate me of the Town's charges.
As an aside, I am unsure if it is appropriate for me to copy this email
to Mr. Randolph, or if he should receive it directly from you. My
instinct is to directly provide him with a copy. Please let me know if
this was improper, and if so, I will correct this procedure in the future.
Respectfully,
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL
<David Gross MD for O'Hare.pdf>
<Dr. Meyer Cohen for O'Hare.pdf>
16
Bill Thrasher
From: Bill Thrasher
Sent: Wednesday, February 10, 2016 2:30 PM
To: 'Randolph, John C.'
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf
Stream v. Chris O'Hare
Got it.
From: Randolph, John C.[mailto:JRandolph@jonesfoster.com]
Sent: Wednesday, February 10, 2016 2:04 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: FW: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
FYI
From: Gary Brandenburg [ma ilto:oary(a)brandenburgpa.com]
Sent: Wednesday, February 10, 2016 1:31 PM
To: c o; Randolph, John C.
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare;
I do not have the authority to order the Town to take the actions you have requested
even if I thought it was appropriate.
Your motions are Denied.
The continuation of the Hearing is Hereby set for March 7th at 10:00 AM the Hearing
will continue until complete.
This is the only notice you will receive of the time and date of the Hearing. Please be
prepared to present your case at that time.
Mr. Randolph;
Please make sure the Hearing room is prepared and available that day.
This is the only notice you will receive of the date and time for the Hearing. Please be
prepared to present your case at that time.
Thank you,
Gary Brandenburg
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
1
North Palm Beach, FL 33408
(561)799-1414
(561) 371-1824 (cell)
(561) 758-7496 (Sandy cell)
Garvna,BrandenburePA.com
From: c o [mailto:oineed@¢mail.coml
Sent: Tuesday, February 09, 2016 7:19 PM
To: Gary Brandenburg <Rary@brandenburaoa.com>; Randolph, John C. <JRandoloh@ionesfoster.com>
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement -Town of Gulf Stream v. Chris O'Hare
Mr. Brandenburg,
I feel you are being unreasonably persistent in demanding I chose dates to continue this hearing and at the same
time apparently refusing to answer my questions.
I have tried to be as polite and respectful as possible; yet you have been somewhat unclear about whether the
rescheduling of the hearing should occur before or after I consult with Mr. Randolph.
I asked you to instruct the Town to render a decision on my pending roof permit. Instead you classified this
request as an attempt to negotiate a settlement and told me to continue the discussion directly with Mr.
Randolph without your involvement. When I attempted to do just that, Mr. Randolph wrote, "Thank you. I
would prefer that we set the hearing date first as requested by the magistrate." You, then, continued to press me
for a hearing date. Evidently, Mr. Randolph's "preference" has become a mandate.
Mr. Randolph has not responded further to my attempt to have that discussion. Instead he wrote, "Although the
Town is willing to discuss with Mr. O'Hare the possibility of an amicable resolution of this matter, such
resolution, if one is reached, should be incorporated into the form of an order setting forth the specific terms
agreed to by the parties." He then concluded that because any resolution should be incorporated into an order,
that a date to continue the hearing should be set now rather than later. I don't follow that jump in logic; but
perhaps it makes sense to you and you could explain it to me. To my way of thinking, there is no connection
between starting a settlement discussion, and setting a date to formalize it before the discussion even begins.
Shouldn't we see how the discussion progresses before we set the deadline for its completion? My only
conclusion is that Mr. Randolph wishes to use the set date as a means to pressure me into agreeing to whatever
stipulations he wants. There is no benefit to me to have this looming deadline — it only benefits Mr. Randolph.
This argument is moot anyway because on further reflection I don't consider my request to you to instruct the
Town to act on my pending roof permit application to be a settlement negotiation. I submitted this permit
application which is my right and the Town should either approve it or deny it which is their obligation. It is
either permitted under the Town's code or it isn't. This code enforcement action will not change whether or not
my application deserves approval.
I would move that you decide whether my pending roof permit application is the very resolution the
Town seeks to impose on me. According to the remedy proposed by Mr. Randolph when he questioned Mr.
Thrasher AND Mr. Thrasher's sworn testimony affirming that remedy, the pending roof permit application to
restore my home's roof to its original condition is the very same remedy that the Town's code mandates if you
find in favor of the Town's charge that my existing roof permit is abandoned. So why are you and Mr.
Randolph so insistent that a date be set for the hearing to resume?
My pending roof permit application would restore my home to the prior condition my roof was in at the time the
current permit was applied for. And the judgment and resolution now sought by the Town, i.e., that my roof
permit is abandoned and the work must be removed and returned to its original condition, has already been met
by my application to obtain a roof permit that does exactly that.
I would also move that you compel the Town to render a decision on my roof permit application in a
timely manner. If the Town approves my permit application, then there is no need to continue with the
code enforcement hearing. If the Town denies my permit application then I will need to know that in order to
present my complete case to you when the hearing continues.
I feel Mr. Randolph and your persistent attempts to schedule a continuation of this Code Enforcement hearing
are an undue burden and oppressive given the exceptional circumstances I have presented to you. In the interest
of judicial economy, in order to spare the expenditure of additional Town resources, to avoid any undue stress
for all involved and to alleviate the need for me to seek clearance from my doctors to attend, I respectfully
move that you act on these motions before rescheduling a continuation of this code enforcement hearing. If and
when it becomes necessary to continue this hearing, I ask that you first obtain dates from Mr. Randolph. This
will allow me the ability to shuffle my obligations so as to meet one of Mr. Randolph's proposed dates. It will
also allow me to consult with my doctors regarding my ability to attend a hearing on that specific date.
If you need these motions in a different format or in a more lawyerly form, please let me know and I will do my
best to comply.
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
copy to Randolph
On Tue, Feb 9, 2016 at 2:51 PM, Gary Brandenburg <gary cnibrandenburepa.com> wrote:
Mr. O'Hare;
Please respond to my request regarding scheduling, which asked you to select a date
and did not need to be copied to Mr. Randolph.
Gary Brandenburg
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 a,BrandenburePA.com
From: c o [mailto:pineed@gmail.coml
Sent: Tuesday, February 09, 2016 2:32 PM
To: Gary Brandenburg <garv(cDbrandenburgpa.com>; Randolph, John C. <JRandolph(@jonesfosteccom>
4
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
Gary,
I am not a lawyer but I believe your email should be copied to all parties. If I am correct in my belief, please do
not communicate with me in your role as a judicial Special Magistrate without also including Mr. Randolph in
the communication. If I am wrong in my belief, I apologize and respectfully request you correct me.
Until I hear from you on this matter I am uncomfortable responding to your email. If you chose to send it again
and include Mr. Randolph as a co -recipient, I will respond immediately.
Christopher O'Hare
2520 Avenue An Soleil
Gulf Stream FL 33483
561-350-7551
Copy to Mr. John Skip Randolph
On Tue, Feb 9, 2016 at 1:44 PM, Gary Brandenburg <gary ,brandenburgpa.com> wrote:
Mr. O'Hare
March 1, 2, 4 or 7;
Which would you prefer?
Gary
s
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)
GaryRBrandenburePA. corn
From: c o [mailto:pinead@email.coml
Sent: Tuesday, February 09, 2016 12:38 PM
To: Gary Brandenburg <gary@brandenburepa.com>; Randolph, John C. <JRandolph@ionesfoster.com>
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
Gary,
You write, "Please give me dates as requested. If I don't receive your response by noon tomorrow I
will set a date." If you, as the Magistrate, set the date without input from Mr. Randolph or myself you
may discover that one of us may have a conflict. It seems prudent to me that the players decide
amongst ourselves what dates would be best and provide those dates to you so you can choose
which works with your schedule. Don't you agree?
I have already started negotiations with Mr. Randolph. And as per your request I have not copied you with our
correspondence or any discussions which may or may not include dates, settlement details or any other
confidential information.
Has Mr. Randolph provided any dates to you yet? If not, he apparently now agrees with me that we should
continue our settlement discussions without the urgency of any arbitrary deadline. I anticipate that the date
to either formalize a settlement, if one is reached, or otherwise proceed with the hearing may or
may not be a subject Mr. Randolph and I discuss in our settlement negotiations.
Once Mr. Randolph and I have had a chance to meet and talk and agree to share any part of our confidential
discussions with you, I will contact you again about this matter.
Thank you for your patience.
Christopher O'Hare
2520 Avenue An Soleil
Gulf Stream FL 33483
561-350-7551
copy to randolph
On Tue, Feb 9, 2016 at 11:56 AM, Gary Brandenburg <gary n brandenburgna.com> wrote:
Mr. O'Hare;
Please give me dates as requested.
If I don't receive your response by noon tomorrow I will set a date.
Thank you.
Gary Brandenburg
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)
7
(561) 758-7496 (Sandy cell)
Garyn l3randenburgPA.com
From: Randolph, John C.[mailto:JRandolph@ionesfoster.coml
Sent: Monday, February 08, 2016 6:00 PM
To: c o <pineRd@Rmail.com>
Cc: Gary Brandenburg <Rary@brandenburgpa.com>
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v.
Chris O'Hare
Thank you. I would prefer that we set the hearing date first as requested by the magistrate.
JONLSFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandol h a ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: c o [mailto:oineod(a)omail.com]
Sent: Monday, February 08, 2016 4:34 PM
To: Randolph, John C.
Cc: Gary Brandenburg
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. Randolph,
I am certainly open to an amicable resolution. I think it may be jumping the gun to set a hearing date before
we have a chance to talk. Why don't we talk first and then set a date. It seems to me this way neither the
Town nor I will be pressured to conclude our settlement discussions prematurely.
I am available to meet this Friday morning on Feb 12 at 9:00 a.m. or the following Wednesday morning on
Feb 17 at 10:30 a.m. or the following Fri afternoon on Feb 19 at 4:00 p.m. For your convenience I am willing
to meet at your downtown office in WPB so you won't have to drive anywhere.
By copy of this email I am notifying Mr. Brandenburg that I will not share any further emails on this subject
with him at his request. When we conclude our discussions I will join you in scheduling a date to hopefully
finalize our settlement or resume the code enforcement hearing as per Mr. Brandenburg's instructions.
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL
On Mon, Feb 8, 2016 at 2:54 PM, Randolph, John C. <JRandolohaionesfoster.com> wrote:
Dear Mr. Brandenburg,
Although the Town is willing to discuss with Mr. O'Hare the possibility of an amicable resolution of this
matter, such resolution, if one is reached, should be incorporated into the form of an order setting forth the
specific terms agreed to by the parties. To that end, I would, therefore, request that a hearing be set as
originally proposed by you during the first two weeks in March to either formalize a settlement, if one is
reached, or otherwise proceed with the hearing..
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
)OI ISn ON h S I L�P&S, ILA.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolph c ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center "Power, 505 South Flagler Drive, Suite 1100, West Palm Beach, Ilorida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Gary Brandenburg[mailto:oarv(o)brandenburooa.coml
Sent: Monday, February 08, 2016 10:52 AM
To: c o
Cc: Randolph, John C.
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare;
By a copy of this e-mail I have asked Mr. Randolph to respond to your suggestion.
10
It should be noted that I do not get involved in settlement discussions between the
parties and you should discuss this with Mr. Randolph directly without my
involvement.
The only issue I am interested in is the dates for the completion of the Hearing , if
that is necessary, after your consultation with the Town's Attorney.
Gary Brandenburg
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(tbBrandenburaPA.com
From: c o [mailto:pineedPgmail.coml
Sent: Saturday, February 06, 2016 5:26 AM
To: Gary Brandenburg <Rary(abrandenburgpa.corn>; Randolph, John C. <1Randolph(@ionesfoster.com>
Subject: Fwd: Response to continuance schedule Re: Fwd: Code Enforcement -Town of Gulf Stream v. Chris O'Hare
Mr. Brandenburg,
Please accept this email as a revision and replacement of my earlier email to you and Mr. Randolph.
Upon reviewing that earlier email I discovered that I was not as clear as I wished to be. The forwarded email
contains deletions (marked as strikethrough text) and additions (marked as underlined text). I ask that you
disregard the earlier email and accept this email as its replacement.
I apologize for any inconvenience this may have caused you.
11
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
---------- Forwarded message ----------
From: e o <pinegdcr elnail.com>
Date: Fri, Feb 5, 2016 at 6:09 PM
Subject: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
To: Gary Brandenburg <gary(iDbrandenburgpa.com>, "Randolph, John C." <JRandolphlc ionesfoster.com>
February 5, 2016
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
561-798-1414
Mr. Brandenburg,
In response to you recent request for possible dates to continue the code enforcement hearing, may I suggest a simpler, less expensive,
less time consuming, and less stressful, solution?
While I do not concede that my existing roof permit has expired, I have recently attempted to obtain a permit for a Terracotta Barrel
Tile roof covering for my home that is the same as the Terracotta Barrel Tile roof covering which was on my home at the time I obtained
my current roof permit - see Attachment, O'Hare - 2520 AAS Roof Permit Application 1-19-16. This same roof covering can be seen on
12
many homes throughout the Town of Gulf Stream and on homes in my neighborhood of Place Au Soleil. This is the same 20 year old
roof covering that is depicted in the photo of my home which was introduced into evidence by Mr. Randolph at the hearing.
Instead of continuing with the code enforcement hearing, why couldn't the Town simply approve my outstanding permit application to
restore the original Terracotta Barrel Tile roof? This is the same roof covering about which Mr. Thrasher offered the following sworn
testimony:
Town Attorney Randolph: And does it [the Town Code] also provide, in that Section 42-29, if a
project is abandoned that it should go back to the condition that it was in prior to the giving of the
permit?
Town Manager Thrasher: Yes.
Town Attorney Randolph: So in the event that he (O'Hare) were to be required to comply with 42-29, he
would be required to go back to the tile terracotta roof that had existed at the time?
Town Manager Thrasher: Yes.
Transcript of77trasher testimony, Dec 4, 2015 Code Enforcement Hearing, pg 194, 4-13
I believe I have sufficient evidence to prove during the upcoming continuation of this hearing that my existing roof
permit is still valid but if instead the Town were to prevail, the resulting order would be for my roof to be
returned to the condition that existed when the allegedly abandoned permit was first issued. The code
mandated consequence of abandonment, proffered by Mr. Randolph and confirmed in sworn testimony by
Mr. Thrasher, is the very same condition that would result fire -FA 0he T8 -mm'- ..ueeess ful pr -e .eetttklig a fth .t_
ease if Mr. Thrasher would simply approve my outstanding roof permit application. So why go forward with
the prosecution and the hearing if the Town's stated objective can more easily be met by the granting of this
pending permit application?
I describe this application as pending because Mr.Thrasher has written me that his review ofthis permit application is pending the final
decision of the Special Magistrate - see Thrasher e-mail below.
Mr. Thrasher, for reasons known only to the Town, is withholding review of this application pending a final decision by you. A decision
to be based on testimony and evidence presented in a continued hearing which is made unnecessary because the roof permit I seek to
obtain is the very same roof permit which the Town asserts, via sworn testimony, would be required by code if the outcome of the hearing
is a decision in the Town's favor.
13
In the interest of judicial economy, and to spare the expenditure of additional Town resources and any undue stress for all involved, I
respectfully ask that you instruct the Town to render a decision on my existing roofing permit before negotiating a date for continuing a
code enforcement prosecution that may very well be unnecessary.
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
Forwarded m essage
From: Bill Thrasher <bthrashen'aetdf-streaneore>
Date: Thu, Jan 21, 2016 at 3:02 PM
Subject: Re -roof Application Dated 1119116
To: Chris O'Hare<chrisohareeulfstream(a),email.com>
Cc: "Lou Roeder (lou(a,louroedercom)" <lou(a)louroeder.com>, Rita Taylor <RTavloraeul(-stream.ore>
On January 19, 2016 a Delray Permit application, requesting approval to re -roof the dwelling at 2520 Avenue An Soleil, was
submitted to the Torvn of Gulf Stream. Tire review of this permit application is pending the final decision of the Special Magistrate
presiding over a Code Enforcement Hearing that commenced on December 4, 2015 and then continued again to January 28, 1016 at
9:00 A.M.
On Fri, Feb 5, 2016 at 12:01 PM, c o <pinegd(@,mnail.com> wrote:
Sorry for the delay. I will get back to you by this evening. Thanks for your patience.
On Feb 5, 2016 11:06 AM, "Gary Brandenburg" <gary(ia brandenburena.cotn> wrote:
Mr. O hare
14
I requested you to give us dates that you are available in the 1st two weeks of March. I have not
heard back. Please respond.
Gary
Sent from my iPhone
Begin forwarded message:
From: Gary Brandenburg <gary(cDbrandenburgpa.com>
Date: January 27, 2016 at 3:34:35 PM EST
To: c o <pinegd n gmail.com>
Ce: "JRandolph(@,,ionesfoster.com" <JRandolphaJonesfoster.com>
Subject: Re: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare
I am going to postpone tomorrow's
Hearing.
I will advise of the new date and time in the near future.
Thank you
Gary Brandenburg
Sent from my iPhone
On Jan 27, 2016, at 2:21 PM, c o <pinegd ,gmail.com> wrote:
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
Dear Mr. Brandenburg,
You may recall that, for medical reasons, I was unable to
continue with the Code Enforcement Hearing of January 20th at the
Town of Gulf Stream. Should the Town wish to schedule the
continuation of that hearing for a later date, I respectfully request you
is
refer to the attached letters from my physicians, Dr. Cohen and Dr.
Gross, and follow their recommendations when considering any new
dates.
Dr. Cohen was kind enough to see me right after my release from
Bethesda Hospital and wrote the attached letter after his examination
of my physical condition. Dr. Gross completed his initial examination
last night, and wrote his more extensive recommendation based on
his assessment of my contributing mental condition.
Should the hearing be scheduled to continue at a time when Dr.
Cohen and Dr. Gross both feel my attendance is appropriate, I will do
my best to attend and present evidence and testimony that I believe
will exonerate me of the Town's charges.
As an aside, I am unsure if it is appropriate for me to copy this email
to Mr. Randolph, or if he should receive it directly from you. My
instinct is to directly provide him with a copy. Please let me know if
this was improper, and if so, I will correct this procedure in the future.
Respectfully,
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL
<David Gross MD for O'Hare.pdf>
<Dr. Meyer Cohen for O'Hare.pdf>
16
Kelly Avery
From: Randolph, John C. <1Randolph@jonesfoster.com>
Sent: Wednesday, March 30, 2016 4:00 PM
To: Bill Thrasher
Subject: FW: Request for Enforcement of Magistrate's Order - Gulf Stream - CE15/1
FYI
JONES FOSTER
JOnNSTON&SIUBBS, P.A.
John C. Randolph Attorney
Direct Dial: 561.650.0458 i Fax: 561.650.5300 i irandolph(@0 onesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center'rower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.'onesfoster.com
Incoming curtails are filtered which mai 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Gary Brandenburg [mailto:gary@brandenburgpa.com]
Sent: Wednesday, March 30, 2016 11:30 AM
To: Chris O'Hare
Cc: Randolph, John C.
Subject: RE: Request for Enforcement of Magistrate's Order - Gulf Stream - CE15/1
Mr. O'Hare;
Your request is denied.
It is up to the town to determine if any other tile is similar to the tile you removed. We
know the town agree to the tile set out in my order.
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(@ Bra ndenburePA.com
From: Chris O'Hare[mailto:chrisoharegulfstreamCoDamail.coml
Sent: Wednesday, March 30, 2016 8:43 AM
To: Gary Brandenburg <gary@brandenburgpa.com>; Irandolph@ionesfoster.com: bthrasher@gulf-stream.org
Subject: Re: Request for Enforcement of Magistrate's Order - Gulf Stream - CE15/1
Mr. Brandenburg,
I wrote you yesterday regarding enforcement of your order in the matter of Gulf stream v. O'Hare - CEI 511.
I hope 1 sufficiently conveyed to you the urgency in which I sought your assistance. May I hear from you soon?
Sincerely,
Chris O'Hare
2520 Avenue Au Soleil
Town of Gulf Stream
cc. Randolph, Thrasher
On Tue, Mar 29, 2016 at 11:45 AM, Chris O'Hare<clirisoharegulfstream(cDgmail.com> wrote:
Mr. Brandenburg,
I am writing you to request enforcement of your Order. For your reference, your Order states,
"COMPLIANCE
The respondent is hereby ordered to bring his property in to compliance by:
B. Installing similar the to what was removed. (The Building Permit expired, requiring the respondent to
restore the roof with the previous covering.) This was an S-shaped terra cotta tile, identified at the
/tearing as Exhibit T-20 (Barcelona 900), or similar tile approved by the Town: or"
It is my understanding that your Order applies to both myself and the Town; however, Mr. Thrasher
apparently disagrees (see Mr. Thrasher's email below). He states:
"I cannot administratively approve any tile that is inconsistent with 70-238, except the tile type
that was removed and is referenced and identified in Special Magistrate Brandenburg
findings. "
I understand your Order to mean I must install, and the Town must approve, either an "S-shaped
terra cotta tile, identified at the hearing as Exhibit T-20 (Barcelona 900), or similar tile approved by
the Town;"
Attached to this email is a description of the roof tile I have proposed to Mr. Thrasher. This tile is not
the "Barcelona 900" tile, however, it is an S-shaped terra cotta tile, AND is:
a similar tile,
approved by the Town on 15 homes in my neighborhood.
Mr. Thrasher contends he "cannot administratively approve" this proposed roof tile. However, the
Town's online public records indicate that this same proposed roof tile has been recently
administratively approved on 15 homes in my neighborhood through Level 1 review. I contend that
Mr. Thrasher can and should administratively approve it, since that is what your Order mandates.
I respectfully request that you instruct the Town to comply with your Order and agree to approve my
permit to install the proposed roof tile so that I may immediately act to bring my home into
compliance prior to your deadline.
Sincerely,
Chris O'Hare
2520 Avenue Au Soleil
Town of Gulf Stream
cc. Randolph, Thrasher
On Mon, Mar 28, 2016 at 1:41 PM, Bill Thrasher <bthrasheragulf-stream.ore> wrote:
Mr. O'Hare,
Asper the findings of the Special Magistrate hearing, your proposed roof tile selection must meet Town Code Section
70-238 or be that which was removed.
For your home the Entegra Estate — S roof is not allowed under Town Code Section 70-238 nor is it what was
removed. Therefore, I cannot administratively approve a permit utilizing this roof tile.
Bill Thrasher
Kellv Ave
From: Randolph, John C. <JRandolph@jonesfoster.com>
Sent: Friday, March 25, 2016 9:54 AM
To: Bill Thrasher
Subject: FW: Request for extension of compliance date - CE 15/1 Town of Gulf Stream V. O'Hare
FYI
JONES FOSTER
JOHNSION h MOBS, P.A.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolphajonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Ilagler Center Tower, 505 South Flagler Drive, Suite 1100, ``Fest Palm Beach, Florida 33401
561-659-3000 1 www.ionesfoster.com
Incoming 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com]
Sent: Thursday, March 24, 2016 7:45 PM
To: gary@brandenburgpa.com; Randolph, John C.
Subject: Request for extension of compliance date - CE 15/1 Town of Gulf Stream V. O'Hare
Mr. Brandenburg,
I am writing you at the suggestion of Mr. Randolph, Town Attorney for the Town of Gulf Stream. His email; is
copied below for your reference.
You may recall that you issued an order in the code enforcement action labeled CE 15/1. In your order you
indicated three options for compliance by June 1, 2016. Unfortunately most all of the options require what the
Town calls a Level III review. This type of review entails a 30 day period of consideration prior to deliberations
by the Town's Architectural Review and Planning Board and then review by the Town Commission at their next
meeting. By the Town's calculation if they were to wave the 5 day period for initial review and approve my
application for Level III review the earliest date final approval could be granted would be on Friday May 13,
2016. This would only give me two weeks, from Monday the 16th to June 1st, to:
• obtain a roof permit from the Delray Beach Building Department,
• schedule the roof contractor to tear off my existing roof covering,
• dry in the new roof and replace the roof metal,
• schedule a tin tag inspection by the building department,
• hot mop a waterproof membrane over the roof,
• schedule that inspection by the building department
• load the roof tile material on the roof by the tile distributor,
" i n s t a l l t h e r o o f t i l e , a n d
" s c h e d u l e a f i n a l i n s p e c t i o n
" h o p e i t d o e s n o t r a i n d u r i n g t h i s p e r i o d
I f y o u h a v e e v e r i n s t a l l e d a r o o f o n y o u r h o m e y o u m a y a g r e e w i t h m e t h a t y o u r d e a d l i n e a p p e a r s i m p o s s i b l e t o
m e e t i f I t r y t o c o m p l y w i t h m o s t a l l o p t i o n s i n y o u r o r d e r . I t h e r e f o r e a m r e s p e c t f u l l y r e q u e s t i n g y o u r e c o n s i d e r
y o u r o r d e r a n d i s s u e a n e w o r d e r w i t h a r e v i s e d d e a d l i n e f o r c o m p l i a n c e 3 0 d a y s l a t e r o n J u l y 1 , 2 0 1 6 . I d o n o t
k n o w i f M r . R a n d o l p h w i l l o b j e c t t o t h i s e x t e n s i o n . I t h i n k n o t s i n c e h e s u g g e s t e d I r e q u e s t i t b u t I a m n o t i f y i n g
h i m o f t h i s r e q u e s t b y c o p y o f t h i s e m a i l a n y w a y s o h e c a n w e i g h i n .
T h a n k y o u f o r y o u r c o n t i n u e d c o n s i d e r a t i o n o f t h i s m a t t e r .
S i n c e r e l y ,
C h r i s O ' H a r e
c o p y t o R a n d o l p h
O n T h u , M a r 2 4 , 2 0 1 6 a t 5 : 4 3 P M , R a n d o l p h , J o h n C . < J R a n d o l p h a i o n e s f o s t e r . c o m > w r o t e :
M r . O ' H a r e , I s e e n o p o i n t i n e n g a g i n g i n c o n t i n u e d d i a l o g u e i n r e g a r d t o t h i s m a t t e r . I b e l i e v e I w a s q u i t e c l e a r
i n m y p r e v i o u s e m a i l i n w h i c h I a d v i s e d t h a t y o u h a v e t i m e t o c o m p l y w i t h t h e m a g i s t r a t e s o r d e r . I n t h e e v e n t ,
f o r s o m e r e a s o n y o u f i n d t h a t y o u c a n n o t c o m p l y i n a t i m e l y m a n n e r t h e o p t i o n i s a v a i l a b l e t o y o u t o r e q u e s t
a d d i t i o n a l t i m e f r o m t h e m a g i s t r a t e . I n t h e m e a n t i m e , p l e a s e b e a d v i s e d t h a t t h e T o w n s t a n d s r e a d y t o a s s i s t
y o u i n e x p e d i t i n g y o u r a p p l i c a t i o n o n c e f i l e d .
S e n t f r o m m y i P h o n e
Kelly Avery
From: Randolph, John C. <1Rand olph@jonesfoster.com>
Sent: Tuesday, March 22, 2016 3:23 PM
To: Rita Taylor; Bill Thrasher
Subject: FW: Order on O'Hare CE 15-l.pdf
Attachments: Order on O'Hare CE 15-l.pdf
See attached order received this afternoon
JOHN C. RANDOLPH
JONESFOSTER
-- JOHNS1ON& S'rUBBS, PA.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Pax: 561.650.5300 1 jrandolph n,jonesfosteacom
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, lv'est Palm Beach, Florida 33401
561-659-3000 1 ww%v.jonesfoster.com
Incoming emads are filtered «ttich 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Gary Brandenburg [mailto:gary@brandenburgpa.com]
Sent: Tuesday, March 22, 2016 2:55 PM
To: c o; Randolph, John C.
Subject: FW: Order on O'Hare CE 15-l.pdf
Order attached.
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
ORDER
TOWN OF GULF STREAM
100 Sea Rd.
Gulf Stream, FL 33483-7427
SPECIAL MAGISTRATE ORDER
CASE NO. 15-1
PROPERTY OWNER: CHRISTOPHER F. O'HARE
2520 AVENUE AU SOLEIL
GULFSTREAM,FL
PCN: 20-43-46-04-22-000-0360
THIS MATTER came before the Special Magistrate for a hearing held at Town
Hall on March 7, 2016, pursuant to a Notice of Violation issued by the Town of Gulf
Stream ("Town") to Christopher F. O'Hare ("Respondent") on August 14, 2015. The
Notice of Violation (NOV) alleged the following violations:
SEC. 42-29 CONSTRUCTION ABANDONMENT
SEC. 70-238 ROOFS
SEC. 70-99 ROOF DESIGN, SLOPE & MATERIALS
The Town set the matter for hearing, which was convened on Friday, December 4,
2015, at 10:00 a.m. The Respondent and his attorney, Mr. Roeder, were present. Mr.
Randolph, the Town Attorney, and Mr. Thatcher, the Town Manager, were also present.
The Respondent requested a postponement because he was not afforded pre -
hearing discovery which typically occurs in Circuit Court trials. The postponement was
denied. There is no process allowing pre -hearing discovery, other than the issuance of
subpoenas by the Special Magistrate, and Public Records Requests, both processes which
the Respondent was aware of and utilized.
On December 4, the hearing began at 10:00 a.m. and the proceeding adjourned at
4:15 p.m.
Christopher F. O'Hare
Case No. 15-1
Page 2
Several attempts were made to re -convene the hearing, to no avail. Respondent
terminated his attorney shortly before a scheduled hearing and was not able to find
suitable counsel. On another occasion the proceedings began and were shortly thereafter
adjourned due to medical issues that required the Respondent to be transported to a
hospital. Respondent's doctors requested that the hearing not occur for a period of time.
On Monday, March 7, 2016, the hearing was continued. The Town appeared with
the same representation. The Respondent appeared pro se, with two assistants, both
attorneys, one of which was his attorney on the first day of the hearing. He was now
offered as a witness. The hearing re -convened at 10:00 a.m. and concluded with closing
arguments completed at approximately 6:00 p.m.
During the two days of hearing, the Town presented 24 exhibits, some composite
with several pages, marked T-1 through T-24. The Respondent proposed 41 exhibits,
some composite with several pages, all of which were admitted with the exception of R-
32 (composite), R-35, and R-31. The parties agreed the Special Magistrate could take
time to review the evidence and submit a written order, waiving the requirement that the
decision be announced at the conclusion of the hearing, and that a written order would
follow in ten (10) days. It was agreed the decision would be mailed to the parties. Both
parties were given the opportunity to submit proposed Findings of Fact, and did.
BURDEN OF PROOF
The Town carries the burden of showing the violation occurred by producing
evidence that must be competent and substantial.
SUMMARY OF CASE
Section 42-29 Construction Abandonment
The Respondent applied for and received a re -roofing permit on August 30, 2011.
Permit No. 11-135146 was issued to Rooftec Corporation, the Respondent's contractor.
As of the date this hearing concluded, Respondent's previous roof had been
removed, and new underlayment and waterproofing had been added. The roof remains
unfinished with no tile or finishing roofing material in place.
The Town contends the permit is inactive under Florida Building Code Section
105.4.1.3, which requires an approved inspection every 180 days. The Town, therefore,
reasons that the Respondent has not completed construction of the re -roofing project
within the timeframe of the Building Permit and is in violation of Section 42-29.
Christopher F. O'Hare
Case No. 15-1
Page 3
The Respondent asserts several defenses to the Town's argument.
The Town of Gulf Stream has an Interlocal Agreement dated 30 September, 2009,
with the City of Delray Beach ("Delray") that provides for Delray to act as the Town's
Building Department (T-5). Prior to November 15, 2009, the County served as the
Town's Building Department. Pursuant to a Memorandum of Understanding between the
Town Manager, Building Official for Delray Beach, and County Building officials, the
arrangement with the County was terminated and Delray undertook the responsibility on
November 15, 2009. There was a provision to allow County officials to act on permits
after November 15, 2009, in certain circumstances (paragraph 2.b., T-15)
The Respondent points out that the Interlocal Agreement between the Town and
Delray was not recorded in the Public Records, as required by Florida Statute §
163.01(11) until February 11, 2013, (ORB 25785, Page 0534) and, therefore, was not
effective on August 30, 2011, when the Building Permit was issued and that secondly,
Section 42-29 of the Codified Codes and Ordinances of the Town still refers to "a
Building Permit issued by the County". Since the permit was not issued by the County, it
does not fall within the abandonment language of § 42-29.
Both of these arguments are rejected.
Section 42-26 of the Town Code, enacted on November 13, 2009, corresponding
approximately to the date of the Interlocal Agreement, was an Ordinance providing that
Delray's Building Codes would apply. Section 42-27 also provided that Delray would
issue all permits and conduct inspections. All parties understood and followed the
procedure of applying to Delray for the re -roofing permit. The Delray Beach Building
Official testified that the previous Building Official had determined the permit was
inactive, and he had no reason or information to contradict his decision. The Town and
Delray relied on the Florida Building Code to determine when a permit becomes inactive.
The first paragraph of § 42-29 refers to the time period when the County issued the
permits, and active County -issued permits after Delray took over as the Town's Building
Department, and is merely a relic of the past. Respondent was cited with paragraph 2,
which deals with keeping a building permit active whether issued by Delray or, as was
previously the case, the County.
It should be noted that if Respondent's first argument regarding the Interlocal
Agreement was correct, and Delray did not have the authority to act as the Town's
Building Department, Respondent would never have had a valid permit to begin the re-
roofing project. Respondent never applied for permits from the County, as that process
had been replaced. The parties' actions confirm, and a long history shows, all involved
knew and processed the permits through Delray.
Christopher F. O'Hare
Case No. 15-1
Page 4
Next, Respondent argues that the inspection to keep the re -roofing permit active
did not have to be by a Delray Beach Inspector. Testimony offered by Respondent
showed that under certain conditions such as "threshold buildings" and other complicated
structures, Building Departments will allow and accept other qualified professionals to
conduct inspections on behalf of the Department. There was no testimony or evidence to
suggest that the Town or the City of Delray Beach Building Department authorized
anyone other than Delray inspectors to conduct roofing inspections on Respondent's
house. There is no need to comment on Respondent's evidence regarding delivery of
inspections by unauthorized persons to Delray. The last inspection by a Delray employee
was April 26, 2012. The permit became inactive under the Florida Building Code on
November 26, 2012. The most the Respondent was able to show were several letters
from T.E. Lunn, PE, LLC, addressed to Respondent, indicating additional hot -mopping
of material to offset deterioration of the underlayment due to excessive exposure for long
periods, to prevent water intrusion. There is no evidence that Delray accepted these as
valid inspections. There was no evidence of the project progressing towards completion.
Next, Respondent argues that he did not receive notice that the Building Permit
was inactive. At the very least, Respondent was put on Notice of the inactive permit
when he received the Notice of Violation on August 5, 2015, four months prior to the
commencement of this hearing. In addition, the Delray Beach Building Department
testified that Notices of Inactive Permits were typically given when an owner called for
an inspection or other activity on the permit. Since there were no inspections requested
from Delray after April 26, 2012, there was no notification.
Next Respondent argues that the expiration of the permit was tolled by virtue of
legal proceedings. Attorney Roeder testified that there was active legal activity on
Respondent's roof since 2012. Florida'Building Code § 105.4.1 provides the 180 day
period "shall not be applicable in case(s) ... when the building work is halted due
directly to judicial injunction, order or similar process." Respondent failed to show any
order from any of the litigation that required the work on the roof to be halted. The only
testimony with respect to this issue was that Respondent was not happy with the type of
roofing the Town would allow and voluntarily waited to finish the work in the hope of a
Court order which would allow his preferred choice.
Section 70-238 Roofs
Respondent wanted a metal roof. This request was denied by the Town Manager.
Respondent appealed to the Board of Adjustment, resulting in the denial of his request.
Respondent filed a Petition for a Writ of Certiorari with the Circuit Court for the 151i
Judicial Circuit (T-8), which was denied Per Curiam (T-9). That decision was appealed
to the Fourth District Court of Appeals, and the Court denied the petition on its merits (T-
10).
Christopher F. O'Hare
Case No. 15-1
Page 5
Respondent then applied for a revised Building Permit to install a "solar
sandwich" roof, which was denied. Respondent appealed to the Board of Adjustment and
the Board denied his appeal. Respondent filed a petition for Writ of Certiorari with the
151 Judicial Circuit, appealing the denial. The denial by the Board of Adjustment was
affirmed Per Curiam (T-11).
During the litigation, the style of house and roof covering allowed by Town Code
was litigated extensively and is not a subject to be revisited in this Code Enforcement
hearing.
The evidence is clear that there is no tile or any other protective material over the
underlayment which is in place on Respondent's roof. Although it has been thoroughly
argued and decided in previous litigation what type of tile must be used on Respondent's
house; it is clear that some type of finished roof material must be installed, and there is
none.
Section 70-99 Roof Design. Slone & Materials
Section 70-99 prohibits inconsistent roofing materials visible from the exterior of
the property.. The preamble of § 70-99 reads:
"Roofs are a major visual element and should be carefully considered as to
the proportion, texture, color and compatibility with both the house style
and neighboring buildings. Similarities in roof types create a visual
continuity in the streetscape and neighborhood. Broad low roof lines with
overhanging eaves provide a reassuring sense of shelter and create shade
for underlying windows."
The testimony presented established that Respondent's roof, consisting of hot -
mopped underlayment, was visible from the exterior and inconsistent with Town Code,
which requires a finished layer of approved tile or other approved material. It is also
inconsistent with the roofs on homes in Respondent's neighborhood. Roofing consisting
of underlayment only is not permitted and is not consistent with the Town Code.
FINDINGS OF FACT
1. Christopher O'Hare is the owner (Respondent) at 2520 Avenue Au Soleil, Gulf
Stream, FL 33483.
2. The Notice of Violation dated August 4, 2015, was properly served by Hand
Delivery on August 5, 2015.
Christopher F. O'Hare
Case No. 15-1
Page 6
3. The Notice of Hearing was properly served and Respondent was present with
counsel on December 4, 2015, and again pro se on March 7, 2016, with two
Attorney advisors.
4. The summary of the case is incorporated in these Findings of Fact.
5. The Town has shown, by substantial competent evidence, violations of Section
42-29, Section 70-238, and Section 70-99.
COMPLIANCE
The Respondent is lhereby ordered to bring his property into compliance by:
A. Installing a flat, white thru and thru, smooth uncoated tile; or
B. Installing similar tile to what was removed. (The Building Permit expired,
requiring the Respondent to restore the roof with the previous covering.) This
was an S-shaped terra cotta tile, identified at the hearing as Exhibit T-20
(Barcelona 900), or other similar tile approved by the Town; or
C. Apply a roofing material that is otherwise approved by the Town. I will note that
continuous applications, demands, and appeals will not suffice as a reason to
delay compliance.
CONCLUSIONS OF LAW
The above Findings of Fact constitute a violation of the Sections of the Codes and
Laws of the Town of Gulf Stream set forth above.
It is the Order of this Special Magistrate that Respondent shall comply, as set
forth above, by June 1, 2016, with this Order. Failure to comply may subject the
Respondent to fines and liens upon the property that is the subject of this hearing, and all
other property owned by Respondent in Palm Beach County. Administrative costs of
$150.00 are awarded to the Town, which Respondent will pay within 10 days.
Christopher F. O'Hare
Case No. 15-1
Page 7
The Town is ordered to inspect the property on June 1, 2016, and, if it is not
found to be in compliance, to convene a hearing to determine compliance with this Order
and such other matters that are deemed appropriate.
10
DONE AND ORDERED this 7—'ay of March, 2016
Cis M.)3'randenburg, Special M lstrate
STATE OF FLORIDA
COUNTY OF R2 86aC. j
cd The foregoing was swom to, subscribed and acknowledged before me on this the
6K day of _t' I?C- N 2016, by Gary M. Brandenburg, as Special Magistrate
for the Town of Gulf Stream, Florida. He i personally known to me))r has produced
as identification.
(SEAL)
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Kelly Avery
From: Randolph, John C. <JRandolph@jonesfoster.com>
Sent: Wednesday, February 10, 2016 2:04 PM
To: Bill Thrasher
Subject: FW: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf
Stream v. Chris O'Hare
FYI
From: Gary Brandenburg [mailto:gary@brandenburgpa.com]
Sent: Wednesday, February 10, 2016 1:31 PM
To: c o; Randolph, John C.
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare;
I do not have the authority to order the Town to take the actions you have requested
even if I thought it was appropriate.
Your motions are Denied.
The continuation of the Hearing is Hereby set for March 71hat 10:00 AM the Hearing
will continue until complete.
This is the only notice you will receive of the time and date of the Hearing. Please be
prepared to present your case at that time.
Mr. Randolph;
Please make sure the Hearing room is prepared and available that day.
This is the only notice you will receive of the date and time for the Hearing. Please be
prepared to present your case at that time.
Thank you,
Gary Brandenburg
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)
1
(561) 758-7496 (Sandy cell)
Garyna,BrandenburaPA.com
From: c o imailto:pineed@smail.coml
Sent: Tuesday, February 09, 2016 7:19 PM
To: Gary Brandenburg <gary@brandenburspa.com>; Randolph, John C. <JRandolph@ionesfoster.com>
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. Brandenburg,
I feel you are being unreasonably persistent in demanding I chose dates to continue this hearing and at the same
time apparently refusing to answer my questions.
I have tried to be as polite and respectful as possible; yet you have been somewhat unclear about whether the
rescheduling of the hearing should occur before or after I consult with Mr. Randolph.
I asked you to instruct the Town to render a decision on my pending roof permit. Instead you classified this
request as an attempt to negotiate a settlement and told me to continue the discussion directly with Mr.
Randolph without your involvement. When I attempted to do just that, Mr. Randolph wrote, "Thank you. I
would prefer that we set the hearing date first as requested by the magistrate." You, then, continued to press me
for a hearing date. Evidently, Mr. Randolph's "preference" has become a mandate.
Mr. Randolph has not responded further to my attempt to have that discussion. Instead he wrote, "Although the
Town is willing to discuss with Mr. O'Hare the possibility of an amicable resolution of this matter, such
resolution, if one is reached, should be incorporated into the form of an order setting forth the specific terms
agreed to by the parties." He then concluded that because any resolution should be incorporated into an order,
that a date to continue the hearing should be set now rather than later. I don't follow that jump in logic; but
perhaps it makes sense to you and you could explain it to me. To my way of thinking, there is no connection
between starting a settlement discussion, and setting a date to formalize it before the discussion even begins.
Shouldn't we see how the discussion progresses before we set the deadline for its completion? My only
conclusion is that Mr. Randolph wishes to use the set date as a means to pressure me into agreeing to whatever
stipulations he wants. There is no benefit to me to have this looming deadline — it only benefits Mr. Randolph.
This argument is moot anyway because on further reflection I don't consider my request to you to instruct the
Town to act on my pending roof permit application to be a settlement negotiation. I submitted this permit
application which is my right and the Town should either approve it or deny it which is their obligation. It is
either permitted under the Town's code or it isn't. This code enforcement action will not change whether or not
my application deserves approval.
Town seeks to impose on me. According to the remedy proposed by Mr. Randolph when he questioned Mr.
Thrasher AND Mr. Thrasher's sworn testimony affirming that remedy, the pending roof permit application to
restore my home's roof to its original condition is the very same remedy that the Town's code mandates if you
find in favor of the Town's charge that my existing roof permit is abandoned. So why are you and Mr.
Randolph so insistent that a date be set for the hearing to resume?
My pending roof permit application would restore my home to the prior condition my roof was in at the time the
current permit was applied for. And the judgment and resolution now sought by the Town, i.e., that my roof
permit is abandoned and the work must be removed and returned to its original condition, has already been met
by my application to obtain a roof permit that does exactly that.
I would also move that you compel the Town to render a decision on my roof permit application in a
timely manner. If the Town approves my permit application, then there is no need to continue with the
code enforcement hearing. If the Town denies my permit application then I will need to know that in order to
present my complete case to you when the hearing continues.
I feel Mr. Randolph and your persistent attempts to schedule a continuation of this Code Enforcement hearing
are an undue burden and oppressive given the exceptional circumstances I have presented to you. In the interest
of judicial economy, in order to spare the expenditure of additional Town resources, to avoid any undue stress
for all involved and to alleviate the need for me to seek clearance from my doctors to attend, I respectfully
move that you act on these motions before rescheduling a continuation of this code enforcement hearing. If and
when it becomes necessary to continue this hearing, I ask that you first obtain dates from Mr. Randolph. This
will allow me the ability to shuffle my obligations so as to meet one of Mr. Randolph's proposed dates. It will
also allow me to consult with my doctors regarding my ability to attend a hearing on that specific date.
If you need these motions in a different format or in a more lawyerly form, please let me know and I will do my
best to comply.
Sincerely,
Christopher O'Hare
2520 Avenue An Soleil
Gulf Stream FL 33483
561-350-7551
copy to Randolph
On Tue, Feb 9, 2016 at 2:51 PM, Gary Brandenburg <gary abrandenburgpa.com> wrote:
Mr. O'Hare;
Please respond to my request regarding scheduling, which asked you to select a date
and did not need to be copied to Mr. Randolph.
Gary Brandenburg
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)
Garv(@,BrandenburgPA.com
From: c o [mailto:pinegd@gmail.coml
Sent: Tuesday, February 09, 2016 2:32 PM
To: Gary Brandenburg <gary c ,brandenburgpa.com>; Randolph, John C. <JRandolph c ionesfoster.com>
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
Gary,
2
I am not a lawyer but I believe your email should be copied to all parties. If I am correct in my belief, please do
not communicate with me in your role as a judicial Special Magistrate without also including Mr. Randolph in
the communication. If I am wrong in my belief, I apologize and respectfully request you correct me.
Until I hear from you on this matter I am uncomfortable responding to your email. If you chose to send it again
and include Mr. Randolph as a co -recipient, I will respond immediately.
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
Copy to Mr. John Skip Randolph
On Tue, Feb 9, 2016 at 1:44 PM, Gary Brandenburg <garvCnbrandenbureaa.com> wrote:
Mr. O'Hare
March 1, 2, 4 or 7;
Which would you prefer?
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(cdBrandenburgPA.com
From: c o [mailto:pinegd@gmail.coml
Sent: Tuesday, February 09, 2016 12:38 PM
To: Gary Brandenburg <garv@brandenburgpa.com>; Randolph, John C. <1Randolph@ionesfoster.com>
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
Gary,
You write, "Please give me dates as requested. If I don't receive your response by noon tomorrow I
will set a date." If you, as the Magistrate, set the date without input from Mr. Randolph or myself you
may discover that one of us may have a conflict. It seems prudent to me that the players decide
amongst ourselves what dates would be best and provide those dates to you so you can choose
which works with your schedule. Don't you agree?
I have already started negotiations with Mr. Randolph. And as per your request I have not copied you with our
correspondence or any discussions which may or may not include dates, settlement details or any other
confidential information.
Has Mr. Randolph provided any dates to you yet? If not, he apparently now agrees with me that we should
continue our settlement discussions without the urgency of any arbitrary deadline. I anticipate that the date
to either formalize a settlement, if one is reached, or otherwise proceed with the hearing may or
may not be a subject Mr. Randolph and I discuss in our settlement negotiations.
Once Mr. Randolph and I have had a chance to meet and talk and agree to share any part of our confidential
discussions with you, I will contact you again about this matter.
Thank you for your patience.
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
copy to randolph
On Tue, Feb 9, 2016 at 11:56 AM, Gary Brandenburg <garyabrandenburena.com> wrote:
Mr. O'Hare;
Please give me dates as requested.
If I don't receive your response by noon tomorrow I will set a date.
Thank you.
Gary Brandenburg
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)
Garya,,BrandenburgPA.com
From: Randolph, John C.[mailto:JRandoloh@ionesfoster.coml
Sent: Monday, February 08, 2016 6:00 PM
7
To: c o <pinesd@Rmail.com>
Cc: Gary Brandenburg <Rary@brandenburaoa.com>
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v.
Chris O'Hare
Thank you. I would prefer that we set the hearing date first as requested by the magistrate.
JONTESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 imndolph(al,jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, XvVest Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails are filtered which may delay receipt. 11us 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 notify us by email and delete the original message.
From: c o [mailtomineadCalgmail.coml
Sent: Monday, February 08, 2016 4:34 PM
To: Randolph, John C.
Cc: Gary Brandenburg
Subject: Re: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. Randolph,
I am certainly open to an amicable resolution. I think it may be jumping the gun to set a hearing date before
we have a chance to talk. Why don't we talk first and then set a date. It seems to me this way neither the
Town nor I will be pressured to conclude our settlement discussions prematurely.
I am available to meet this Friday morning on Feb 12 at 9:00 a.m. or the following Wednesday morning on
Feb 17 at 10:30 a.m. or the following Fri afternoon on Feb 19 at 4:00 p.m. For your convenience I am willing
to meet at your downtown office in WPB so you won't have to drive anywhere.
By copy of this email I am notifying Mr. Brandenburg that I will not share any further emails on this subject
with him at his request. When we conclude our discussions I will join you in scheduling a date to hopefully
finalize our settlement or resume the code enforcement hearing as per Mr. Brandenburg's instructions.
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL
On Mon, Feb 8, 2016 at 2:54 PM, Randolph, John C. <JRandolnli((bionesfoster.com> wrote:
Dear Mr. Brandenburg,
Although the Town is willing to discuss with Mr. O'Hare the possibility of an amicable resolution of this
matter, such resolution, if one is reached, should be incorporated into the form of an order setting forth the
specific terms agreed to by the parties. To that end, I would, therefore, request that a hearing be set as
originally proposed by you during the first two weeks in March to either formalize a settlement, if one is
reached, or otherwise proceed with the hearing..
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
)OIiNSTON & 5TllBBS, I4:1
John C. Randolph attorney
Direct Dial: 561.650.0458 1 Fay: 561.650.5300 1 irandolpht7q jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately- notify us by email and delete the original message.
From: Gary Brandenburg[mailto:garv(@brandenburgpa.coml
Sent: Monday, February 08, 2016 10:52 AM
To: c o
Cc: Randolph, John C.
Subject: RE: Response to continuance schedule Re: Fwd: Code Enforcement
Mr. O'Hare;
Town of Gulf Stream v. Chris O'Hare
By a copy of this e-mail I have asked Mr. Randolph to respond to your suggestion.
It should be noted that I do not get involved in settlement discussions between the
parties and you should discuss this with Mr. Randolph directly without my
involvement.
10
The only issue I am interested in is the dates for the completion of the Hearing , if
that is necessary, after your consultation with the Town's Attorney.
Gary Brandenburg
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)
Gar c ,BrandenburgPA.com
From: c o [mailto:pinesd@@gmail.coml
Sent: Saturday, February 06, 2016 8:26 AM
To: Gary Brandenburg <Rary@brandenburgpa.com>; Randolph, John C. <JRandolph @ionesfoster.com>
Subject: Fwd: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. Brandenburg,
Please accept this email as a revision and replacement of my earlier email to you and Mr. Randolph.
Upon reviewing that earlier email I discovered that I was not as clear as I wished to be. The forwarded email
contains deletions (marked as strikethrough text) and additions (marked as underlined text). I ask that you
disregard the earlier email and accept this email as its replacement.
I apologize for any inconvenience this may have caused you.
Sincerely,
11
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
---------- Forwarded message ----------
From: c o <pinegd(c gmail.com>
Date: Fri, Feb 5, 2016 at 6:09 PM
Subject: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris
O'Hare
To: Gary Brandenburg <gary(@,,brandenburgpa.com>, "Randolph, John C." <JRandolybaJonesfoster.com>
February 5, 2016
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
561-798-1414
Mr. Brandenburg,
In response to you recent request for possible dates to continue the code enforcement hearing, may I suggest a simpler, less expensive,
less time consuming, and less stressful, solution?
While I do not concede that my existing roof permit has expired, I have recently attempted to obtain a permit for a Terracotta Barrel
Tile roof covering for my home that is the same as the Terracotta Barrel Tile roof covering which was on my home at the time I obtained
my current roof permit - see Attachment, O Hare -1520 AAS Roof Permit Application 1-19-16. This same roof covering can be seen on
many homes throughout the Town of Gulf Stream and on homes in my neighborhood of Place Au Soleil. This is the same 20 year old
roof covering that is depicted in the photo of my home which was introduced into evidence by Mr. Randolph at the hearing.
12
Instead of continuing with the code enforcement hearing, why couldn't the Town simply approve my outstanding permit application to
restore the original Terracotta Barrel Tile roof? This is the same roof covering about which Mr. Thrasher offered the following sworn
testimony:
Town Attorney Randolph: And does it [the Town Code] also provide, in that Section 42-29, if a
project is abandoned that it should go back to the condition that it was in prior to the giving of the
permit?
Town Manager Thrasher: Yes.
Town Attorney Randolph: So in the event that he (O'Hare) were to be required to comply with 42-29, he
would be required to go back to the tile terracotta roof that had existed at the time?
Town Manager Thrasher: Yes.
Transcript of Thrasher testimony, Dec 4, 2015 Code Enforcement Hearing, pg 194, 4-13
I believe I have sufficient evidence to prove during the upcoming continuation of this hearing that my existing roof
permit is still valid but if instead the Town were to prevail, the resulting order would be for my roof to be
returned to the condition that existed when the allegedly abandoned permit was first issued. The code
mandated consequence of abandonment, proffered by Mr. Randolph and confirmed in sworn testimony by
Mr. Thrasher, is the very same condition that would result uc ri the Town's ..ueeess fut .,_,...eetitinn n ftheir
ease if Mr. Thrasher would simply approve my outstanding roof permit application. So why go forward with
the prosecution and the hearing if the Town's stated objective can more easily be met by the granting of this
pending permit application?
I describe this application as pending because Mr.Thrasher has written me that his review of this permit application is pending thefinal
decision ofthe Special Magistrate - see Thrasher e-mail below.
Mr. Thrasher, for reasons known only to the Town, is withholding review of this application pending a final decision by you. A decision
to be based on testimony and evidence presented in a continued hearing which is made unnecessary because the roof permit I seek to
obtain is the very same roof permit which the Town asserts, via swom testimony, would be required by code if the outcome of the hearing
is a decision in the Town's favor.
In the interest of judicial economy, and to spare the expenditure of additional Town resources and any undue stress for all involved, I
respectfully ask that you instruct the Town to render a decision on my existing roofing permit before negotiating a date for continuing a
code enforcement prosecution that may very well be unnecessary.
13
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
Forwarded message
From: Bill Thrasher <bthrasher(@eulf-stream.ore>
Date: Thu, Jan 21, 2016 at 3:02 PM
Subject. Re -roof Application Dated 1119116
To: Chris O'Hare<chrlsohareetdfstreamt7a,email.com>
Cc: "Lou Roeder (loti@louroedencoml " <lou(tJlouroeder.com>, Rita Taylor <RTavlon'a etdf-stream.ore>
On January 19, 2016 a Delray Permit application, requesting approval to re -roof the dwelling at 2520 Avenue An Soleil, was
submitted to the Town of Gulf Strewn. The review of this permit application is pending the final decision of the Special Magistrate
presiding over a Code Enforcement Hearing that commenced on December 4, 2015 and then continued again to January 28, 2016 at
9:00 A.M.
On Fri, Feb 5, 2016 at 12:01 PM, c o <pinegd( gmail.com> wrote:
Sorry for the delay. I will get back to you by this evening. Thanks for your patience.
On Feb 5, 2016 11:06 AM, "Gary Brandenburg" <gary abrandenburgpa.com> wrote:
Mr. O hare
I requested you to give us dates that you are available in the 1st two weeks of March. I have not
heard back. Please respond.
14
Gary
Sent from my iPhone
Begin forwarded message:
From: Gary Brandenburg <gary6,,brandenburgpa.com>
Date: January 27, 2016 at 3:34:35 PM EST
To: e o <pineed c grnail.com>
Cc: "JRandolph(Djonesfoster.com" <JRandoloh n ionesfoster.com>
Subject: Re: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare
I am going to postpone tomorrow's
Hearing.
I will advise of the new date and time in the near future.
Thank you
Gary Brandenburg
Sent from my iPhone
On Jan 27, 2016, at 2:21 PM, c o <pineed(@,gnail.com> wrote:
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
Dear Mr. Brandenburg,
You may recall that, for medical reasons, I was unable to
continue with the Code Enforcement Hearing of January 20th at the
Town of Gulf Stream. Should the Town wish to schedule the
continuation of that hearing for a later date, I respectfully request you
refer to the attached letters from my physicians, Dr. Cohen and Dr.
Gross, and follow their recommendations when considering any new
dates.
15
Dr. Cohen was kind enough to see me right after my release from
Bethesda Hospital and wrote the attached letter after his examination
of my physical condition. Dr. Gross completed his initial examination
last night, and wrote his more extensive recommendation based on
his assessment of my contributing mental condition.
Should the hearing be scheduled to continue at a time when Dr.
Cohen and Dr. Gross both feel my attendance is appropriate, I will do
my best to attend and present evidence and testimony that I believe
will exonerate me of the Town's charges.
As an aside, I am unsure if it is appropriate for me to copy this email
to Mr. Randolph, or if he should receive it directly from you. My
instinct is to directly provide him with a copy. Please let me know if
this was improper, and if so, I will correct this procedure in the future.
Respectfully,
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL
<David Gross MD for O'Hare.pdf>
<Dr. Meyer Cohen for O'Hare.pdf5
16
Kelly Avery
From: Randolph, John C. <JRandolph@jonesfoster.com>
Sent: Monday, February 08, 2016 3:34 PM
To: Bill Thrasher
Subject: FW: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf
Stream v. Chris O'Hare
Attachments: O'Hare - 2520 AAS Roof Permit Application 1-19-16.pdf
Bill,
Please see the attached and give me a call when you get a chance.
Thank you.
JOHN C. RANDOLPH
JONES FOSTER
-- — JottHrroNasrLIM,PA.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandol h a.ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: c o [mailto:pinegd@gmail.com]
Sent: Friday, February 05, 2016 6:09 PM
To: Gary Brandenburg; Randolph, John C.
Subject: Response to continuance schedule Re: Fwd: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
February 5, 2016
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
561-798-1414
Mr. Brandenburg,
In response to you recent request for possible dates to continue the code enforcement hearing, may I suggest a simpler, less expensive, less
time consuming, and less stressful, solution?
While I do not concede that my existing roof permit has expired, I have recently attempted to obtain a permit for a Terracotta Barrel Tile roof
covering for my home that is the same as the Terracotta Barrel Tile roof covering which was on my home at the time I obtained my current
roof permit - see Attachment, OHare - 2520 AASRoofPermit Application 1-19-16. This same roof covering can be seen on many homes
throughout the Town of Gulf Stream and on homes in my neighborhood of Place Au Soleil. This is the same 20 year old roof covering that is
depicted in the photo of my home which was introduced into evidence by Mr. Randolph at the hearing.
Instead of continuing with the code enforcement hearing, why couldn't the Town simply approve my outstanding permit application to restore
the original Terracotta Barrel Tile roof! This is the same roof covering about which Mr. Thrasher offered the following sworn testimony:
Town Attorney Randolph: And does it [the Town Code] also provide, in that Section 42-29, if a project
is abandoned that it should go back to the condition that it was in prior to the giving of the permit?
Town Manager Thrasher: Yes.
Town Attorney Randolph: So in the event that he (O'Hare) were to be required to comply with 42-29, he
would be required to go back to the tile terracotta roof that had existed at the time?
Town Manager Thrasher: Yes.
Transcript of Thrasher testimony, Dec 4, 2015 Code Enforcement Hearing, pg 194, 4-13
I believe I have sufficient evidence to prove during the upcoming continuation of this hearing that my existing roof permit is still valid but if
instead the Town were to prevail, the resulting order would be for my roof to be returned to the condition that existed when the allegedly
abandoned permit was first issued. The code mandated consequence of abandonment, proffered by Mr. Randolph and confirmed in sworn
testimony by Mr. Thrasher, is the very same condition that would result from the Town's successful prosecution of their case. So why go
forward with the prosecution and the hearing if the Town's stated objective can more easily be met by the granting of this pending permit
application?
I describe this application as pending because Mr.Thrasher has written me that his review of this permit application is pending the final
decision ofthe Special Magistrate - see Thrasher e-mail below.
Mr. Thrasher, for reasons known only to the Town, is withholding review of this application pending a final decision by you. A decision to be
based on testimony and evidence presented in a continued hearing which is made unnecessary because the roof permit I seek to obtain is the
very same roof permit which the Town asserts, via sworn testimony, would be required by code if the outcome of the hearing is a decision in
the Town's favor.
In the interest of judicial economy, and to spare the expenditure of additional Town resources and any undue stress for all involved, I
respectfully ask that you instruct the Town to render a decision on my existing roofing permit before negotiating a date for continuing a code
enforcement prosecution that may very well be unnecessary.
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL 33483
561-350-7551
Forwarded message
From: Bill Thrasher <bthrasheK ,eulf-stream.ore>
Date: Thu, Jan 21, 2016 at 3:02 PM
Subject: Re -roof Application Dated 1/19116
To: Chris O'Hare <chrisohareezd(stream(&email.coni>
Cc: "Lott Roeder dou0ouroedencom)" <loul7a louroeder.com>, Rita Taylor <RTavlorna,eulf-stream.om>
On January19,1016 a Delray Permit application, requesting approval to re -roof the divelling at 2520 Avenue Au Soleil, was submitted to
the Town of Gulf Streans. The review of this permit application is pending the final decision of the Special Magistrate presiding over a
Code Enforcement Hearing that commenced on December 4, 2015 and then continued again to January 28, 2016 at 9:00 A.M.
On Fri, Feb 5, 2016 at 12:01 PM, c o <pinegdaa,gmail.com> wrote:
Sorry for the delay. I will get back to you by this evening. Thanks for your patience.
On Feb 5, 2016 11:06 AM, "Gary Brandenburg" <g_arvna,brandenburepa.com> wrote:
Mr. O hare
I requested you to give us dates that you are available in the 1st two weeks of March. I have not heard
back. Please respond.
Gary
Sent from my iPhone
Begin forwarded message:
From: Gary Brandenburg <gary@brandenbur¢pa.com>
Date: January 27, 2016 at 3:34:35 PM EST
To: c o <pineed(a)gmail.com>
Cc: "JRandolpheionesfoster.com" <JRandolphna.jonesfoster.com>
Subject: Re: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Mr. O'Hare
I am going to postpone tomorrow's
Hearing.
I will advise of the new date and time in the near future.
Thank you
Gary Brandenburg
Sent from my iPhone
On Jan 27, 2016, at 2:21 PM, c o <pineed( ,email.com> wrote:
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
Dear Mr. Brandenburg,
You may recall that, for medical reasons, I was unable to
continue with the Code Enforcement Hearing of January 20th at the Town
of Gulf Stream. Should the Town wish to schedule the continuation of that
hearing for a later date, I respectfully request you refer to the attached
letters from my physicians, Dr. Cohen and Dr. Gross, and follow their
recommendations when considering any new dates.
Dr. Cohen was kind enough to see me right after my release from
Bethesda Hospital and wrote the attached letter after his examination of
my physical condition. Dr. Gross completed his initial examination last
night, and wrote his more extensive recommendation based on his
assessment of my contributing mental condition.
Should the hearing be scheduled to continue at a time when Dr. Cohen
and Dr. Gross both feel my attendance is appropriate, I will do my best to
attend and present evidence and testimony that I believe will exonerate
me of the Town's charges.
As an aside, I am unsure if it is appropriate for me to copy this email to
Mr. Randolph, or if he should receive it directly from you. My instinct is to
directly provide him with a copy. Please let me know if this was improper,
and if so, I will correct this procedure in the future.
Respectfully,
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL
<David Gross MD for O'Hare.p&5y
<Dr. Meyer Cohen for O'Hare.pdty
EIT4 Of OELRR4 BEA[H SQ ROOF / RE -ROOF PERMIT APPLICATION
100 NW I" Avenue Delray Beach FL 33444
(561)243-7200 Fax: (561)243-7221
Website: mvdelravbeach.eom
PROPERTY CONTROL #: 2) A3 - qb - C9 -?2 - C00. 03
PLEASE PRINT
JOB SITE ADDRESS -5 ZA; At' 51%'"4;' A�L) ';0i`f11L
PROPERTY OWNER NAME C.+Q) S O ) PAU
HOME PHONE ( — ) — CELL
PROPERTY OWNER ADDRESS 2520 A-)fNU,; Ati SOty+aL
ROOF CONT'R (COMPANY) NAME -& = x_. raterZCOA kx. r -A
ROOF CONT'R ADDRESS
CITY ST
BUS. PHONE
FAX E-MAIL
CELL
ZIP
FOR OFFICE USE ONLY:
BLDG PERMIT #:
ROOF PERMIT #:
PERMIT FEE:
PLAN CHECK FEE:
MCR #:
r•u•rrrrrrrrrrwrr•rrrrrrrrr•r•
APPROVALS:
PLAN: DATE:
P & Z: DATE:
NOTE: PERMIT EXPIRES IF WORK IS NOT STARTED WITHIN 180 -DAYS OR IF ACTIVITY LAPSES FOR 180 DAYS. PLANS MUST .
ON THE JOB SITE FOR ALL INSPECTIONS. FINAL INSPECTION IS REQUIRED ON ALL PERMITS.
PROJECT COST (Labor and Material) S GO 0 c ' u
Check, one: _NEW CONSTRUCTION _RECOVER OVER EXISTING )REMOVE EXISTING & REPLACE _RIR A/C UNITS
(Engineer's Letter Required) (Meth. Permit Requ
Check one: X SINGLE-FAMILY' __MULTI -FAMILY _COMMERCIAL
'MITIGATION REQUIREMENTS IF SINGLE FAMILY:
1. YEAR BUILT (check one): jam_ BEFORE MARCH 2002 (Go To #2) _ AFTER MARCH 2002
2. HOUSE VALUE: S Z% � 6 r MUST PROVIDE: HOME INSURANCE SUMMARY SHEET OR
(IF $300,000, OR MORE, NOT INCLUDING LAND VALUE, COPY OF MOST RECENT TAX BILL OR
GO TO #3) PROPERTY APPRAISER OFFICE WEBPAGE
3. SUBMIT RE -ROOFING MITIGATION DOCUMENT PACKAGE and BUILDING APPLICATION
TYPEICOLOR OF ROOF MATERIAL. REMOVED `I �i`T-I'� 4� TYPF/COLOR OF ROOF MATERIAL INSTALLED T -r
>AtL1�bE A 1L I •Y
LL
NOTE: FOLLOW MANUFACTURER'S GUIDELINES AND NOTICE OF ACCEPTANCE FOR SHINGLE INSTALLATION.
ROOF TYPE (CIRCLE):
FLAT
SLOPED L': 12
SMNATUV OF QUALIFIER
MANUFACTURER.
PRODUCT APPROVAL NUMBER.
N -' F_7A l05 1 W ( pop, 44 IN - 0ZZC, (z
CONTR. REGISTRATION #
WORKERS COMP#
STATE OF 3/C I,7
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COUNTY OF yH Ll17 C)Cf 1 %'.r�
The foregoing instrument was acknowledged before me this day
of 20 1 v by '�I �,�C� L%`Fi rAl?
TWALMWM
!AY cowAISSION # FF 129242
Signature of Notary Public ` EXPIRES: J* 10, Mill
9akNlArv6uE0aHaaN6xvke
OR
EXEMPTS (FID /FEIN) #
Personally Known
OR
Produced Identification _
Type of Identification Produced
(SEAL)
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SCOPE:
This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The
documentation submitted has been reviewed and accepted by Miami -Dade County RER - Product Control Section to be
used in Miami Dade County and other areas where allowed by the Authority Having Jurisdiction (AHJ).
This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Section
(In Miami Dade County) and/or the AHJ (in areas other than Miami Dade County) reserve the right to have this product
or material tested for quality assurance purposes. If this product or material fails to perform in the accepted manner, the
manufacturer will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use
of such product or material within their jurisdiction. RER reserves the right to revoke this acceptance, if it is
determined by Miami -Dade County Product Control Section that this product or material fails to meet the requirements
of the applicable building code.
This product is approved as described herein, and has been designed to comply with the Florida Building Code
including the High Velocity Hurricane Zone of the Florida Building Code.
DESCRIPTION: Artezanos World Class
LABELING: Each unit shall bear a permanent label with the manufacturer's name or logo, city, state and following
statement: "Miami -Dade County Product Control Approved", unless otherwise noted herein.
RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change
in the applicable building code negatively affecting the performance of this product.
TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the
materials, use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for
sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of
this NOA shall be cause for termination and removal of NOA.
ADVERTISEMENT: The NOA number preceded by the words Miami -Dade County, Florida, and followed by the
expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done
in its entirety.
INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and
shall be available for inspection at the job site at the request of the Building Official.
This NOA renews NOA# 09-0422.05 and consists of pages 1 through 7.
The submitted documentation was reviewed by Alex Tigera.
NOA No.: 14-0220.12
Expiration Date: 05/14/19
Approval Date: 04/24/14
Page 1 or7
22n) ms
MI®�
MIAOtI-DADE COUNTY
PRODUCT CONTROL SECTION
DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES (RER)
11805 SW 26 Strcet, Room 208
BOARD AND CODE AD6RNISTRATION DIVISION
Miami, Florida 33175.2474
T(786)315-2590 F(786) 315-2599
NOTICE OF ACCEPTANCE (NOA)
www.miamidade.eov/vera
Artezanos, Inc.
9455 SW 7816 Street
Miami, FL 33173
SCOPE:
This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The
documentation submitted has been reviewed and accepted by Miami -Dade County RER - Product Control Section to be
used in Miami Dade County and other areas where allowed by the Authority Having Jurisdiction (AHJ).
This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Section
(In Miami Dade County) and/or the AHJ (in areas other than Miami Dade County) reserve the right to have this product
or material tested for quality assurance purposes. If this product or material fails to perform in the accepted manner, the
manufacturer will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use
of such product or material within their jurisdiction. RER reserves the right to revoke this acceptance, if it is
determined by Miami -Dade County Product Control Section that this product or material fails to meet the requirements
of the applicable building code.
This product is approved as described herein, and has been designed to comply with the Florida Building Code
including the High Velocity Hurricane Zone of the Florida Building Code.
DESCRIPTION: Artezanos World Class
LABELING: Each unit shall bear a permanent label with the manufacturer's name or logo, city, state and following
statement: "Miami -Dade County Product Control Approved", unless otherwise noted herein.
RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change
in the applicable building code negatively affecting the performance of this product.
TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the
materials, use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for
sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of
this NOA shall be cause for termination and removal of NOA.
ADVERTISEMENT: The NOA number preceded by the words Miami -Dade County, Florida, and followed by the
expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done
in its entirety.
INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and
shall be available for inspection at the job site at the request of the Building Official.
This NOA renews NOA# 09-0422.05 and consists of pages 1 through 7.
The submitted documentation was reviewed by Alex Tigera.
NOA No.: 14-0220.12
Expiration Date: 05/14/19
Approval Date: 04/24/14
Page 1 or7
ROOFING ASSEMBLY APPROVAL
Category: Roofing
Sub -Category: Roofing Tiles
Material: Clay
1. SCOPE
This approves a roofing system using "World Class Two Piece Handmade Tapered Mission Barrel Roofing Tile"
Clay Roof Tile, as manufactured by Artezanos, Inc. described in Section 2 of this Notice of Acceptance. For the
locations where the pressure requirements, as determined by applicable Building Code, does not exceed the
values listed in section 4 herein. The attachment calculations shall be done as a moment based system.
2. PRODUCT DESCRIPTION
Manufactured by
Test
Product
Applicant
Dimensions
Specifications
Description
2 Piece Handmade
I = 18"
ASTM C 1167
High profile, two piece, barrel, clay roof tile. For
Tapered Mission Barrel
w = 8"
direct deck adhesive or mortar set applications.
Tile
%_" thick
Italian Pan Tile
I = 19.4"
ASTM C 1167
Flat pan clay tile to be used in conjuction with
W = 10"
Handmade Tapered Mission Barrel Tile as the cap.
%2" thick
For direct deck adhesive or mortar set applications.
2. 1 MANUFACTURING LOCATION
1. Cucuta, Colombia
NOA No.: 14-0220.12
Expiration Date: 05/14/19
Approval Date: 04/24/14
Page 2 of 7
2.2 SUBMITTED EVIDENCE:
Test Aeencv Test Identifier
Testwell Craig Laboratories & Lab #ABM4
Consultants, Inc. Lab #ABM -20
Lab #ABM -I
IBA Consultants Inc.
Walker Engineering
Southwest Research Institute
American Test Lab of South
Florida
3. LIMITATIONS
Test Name/Report
Date
PA 101 (Mortar Set)
Jan 1995
PA 101 (Adhesive Set)
Nov 1995
ASTM C 1167
2003
2352-39
ASTM C 1167
235247
ASTM C 1167
2352-38
Static Uplift Testing
TAS 101 (Adhesive Set)
2352-64
TAS 101 (Mortar Set)
2352-53
TAS 101 (Adhesive Set with Steel
Pan)
2352-59
TAS 101 (Adhesive Set with
Aluminum Pan)
01.13537.01.310
RT0505.02-09
RT0505.01-09
Thermal Expansion of Steel,
Concrete and Clay Components
ASTM E-108
ASTM C 1167
ASTM C 1167
Nov. 2005
June 2006
Dec. 2005
May 2008
April 2008
April 2008
April 2008
May 2009
May 2009
3.1 Fire classification is not part of this acceptance.
3.2 For mortar or adhesive set tile applications, a static field uplift test shall be performed in accordance with
TAS 106.
3.3 Applicant shall retain the services of a Miami -Dade County Certified Laboratory to perform quarterly test
in accordance with TAS 112, appendix 'A'. Such testing shall be submitted to the Building Code
Compliance Office for review.
3.4 Minimum underlayment shall be in compliance with the applicable Roofing Applications Standards listed
section 4.1 herein.
3.5 30/90 hot mopped underlayment applications may be installed perpendicular to the roof slope unless stated
otherwise by the underlayment material manufacturers published literature.
3.6 This acceptance is for wood deck applications. Minimum deck requirements shall be in compliance with
applicable building code.
NOA No.: 14-0220.12
MU4WDADE COUNTY Expiration Date: 05/14/19
14000RULEM Approval Date: 04/24/14
Page 3 of 7
4. INSTALLATION
System A — Handmade Barrel Tile (Two -Piece Cap and Pan)
4.1 "World Class Two Piece Handmade Tapered Mission Roofing Tile" and its components shall be installed
in strict compliance with Roofing Application Standard RAS 120.
4.2 Data For Attachment Calculations
Table A-1: Average Weight (W) and Dimensions (I x w)
Tile Profile Weight -W (Ibf)
Length-1(ft)
Width -w (ft)
Two Piece Handmade Tapered Mission Tile 1 5.8
1.42
0.58
Table A-2: Aerodynamic Multipliers - (ft)
Tile
Profile
X (ft')
Direct Deck Application
Two Piece Handmade Tapered Mission Tile
0.22
Table A-3: Restoring Moments due to Gravity - Ma (ft-lbf)
Tile
2":12" 3":12" 4":12" 5":12" VAT'
7":12"
Profile
Profile
Tile Application
Two Piece
Direct Deck Direct Deck Direct Deck Direct Deck Direct Deck
Direct Deck
Handmade
3.9 3.8 3.7 3.6 3.5
3.4
Tapered
111.4
Tile
Mission Tile
Adhesive AH -160
Table A-6:
Attachment Resistance Expressed as Uplift— F' (ft-ibf)
Tile
for Single Patty Adhesive Set Systems
Tile
Profile
Tile Application
Minimum Attachment
Profile
Mortar Set
57.4
Resistance
Two Piece Handmade Tapered Mission
3M 2 -Component Foam Roof Tile
111.4
Tile
Adhesive AH -160
1 Place 42 grams per pan and 21 grams
per ca on each side of AH 160.
Table A-8: Attachment Resistance Expressed as Uplift— F' (ft-lbf)
for Mortar Set Systems
Tile
Tile Application
Minimum Attachment
Profile
Resistance
Two Piece Handmade Tapered Mission
Mortar Set
57.4
Tile
2 Quikrete Mortar
NOA No.: 14-0220.12
MIAMIILIDE COUNTY Expiration Date: 05/14/19
Approval Date: 04/24/14
Page 4 or 7
System B—Handmade Barrel Tile with Italian Pan Tile
43 "World Class Two Piece Handmade Tapered Mission Roofing Tile" and its components shall be installed
in strict compliance with Roofing Application Standard RAS 120.
4.4 Data For Attachment Calculations
Table B-1: Average Weight (W) and Dimensions (I x w)
Tile Profile
Weight -W (lbf)
Length-1(ft)
Width -w (ft)
Handmade Tapered Mission Tile with Italian
Pan Tile
5.2
1.5
0.667
Table B-2: Aerodynamic Multipliers - R (ft)
Tile
X (ft)
Profile
Direct Deck Application
Handmade Tapered Mission Tile with Italian
0.22
Pan Tile
Direct Deck Direct Deck Direct Deck Direct Deck Direct Deck
Table B-3: Restoring Moments due to Gravity - Ma (ft-lbf)
Tile
2":12" 3":12" 4":12" 5":12" 6":12"
7":12"
Profile
Profile
Tile Application
Handmade
Direct Deck Direct Deck Direct Deck Direct Deck Direct Deck
Direct Deck
Tapered
4.85 4.77 4.66 4.51 4.30
4.05
Mission Tile
63.4
Italian Pan Tile
with Italian Pan
Adhesive AH -160
Tile
grams per ca on each side of AH 160.
Table B-6:
Attachment Resistance Expressed as Uplift— F' (ft-lbf)
Tile
for Single Patty Adhesive Set Systems
Tile
Profile
Tile Application
Minimum Attachment
Profile
Mortar Set
77.64
Resistance
Handmade Tapered Mission Tile with
3M 2 -Component Foam Roof Tile
63.4
Italian Pan Tile
Adhesive AH -160
3 Place 19.3 grams peran and 10
grams per ca on each side of AH 160.
Table B-8: Attachment Resistance Expressed as Uplift— F' (ft-lbf)
for Mortar Set Systems
Tile
Tile Application
Minimum Attachment
Profile
Resistance
Handmade Tapered Mission Tile with
Mortar Set
77.64
Italian Pan Tile
4 Quikrete Mortar
NOA No.: 14-0220.12
Expiration Date: 05/14/19
Approval Date: 04/24/14
Page 5 of 7
5. LABELING
All tiles shall bear the imprint or identifiable marking of the manufacturer's name or logo (See Detail
Below), or following statement: "Miami -Dade County Product Control Approved".
0
ARTEZANOS WORLD CLASS TILE LABEL
(LOCATED ON EITHER TOPSIDE OR UNDERSIDE OF TILE)
6. BUILDING PERMIT REQUIREMENTS
6.1 Application for building permit shall be accompanied by copies of the following:
6.1.1 This Notice of Acceptance.
6.1.2 Any other documents required by the Building Official or applicable building code in order to
properly evaluate the installation of this system.
NOA No.: 14-0220.12
Expiration Date: 05/14/19
Approval Date: 04/24/14
Page 6 of 7
PROFILE DRAWINGS
711
ARTEZANOS, INC. " 2 PIECE HANDMADE TAPERED MISSION BARREL TILE
ARTEZANOS, INC. ITALIAN PAN TILE
END OF THIS ACCEPTANCE
i�
NOA No.: 14-0220.12
Expiration Date: 05/14/19
Approval Date: 04/24/14
Page 7 of 7
Kelly Avery
From: Randolph, John C. <JRandolph@jonesfoster.com>
Sent: Wednesday, January 27, 2016 2:56 PM
To: Bill Thrasher
Subject: FW: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Attachments: David Gross MD for O'Hare.pdf; Dr. Meyer Cohen for O'Hare.pdf
FYI — In regard to tomorrow's scheduled hearing.
JOHN C. RANDOLPH
JONESFOSTER
JOHNSTON & STUBBS, P.A.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Pas: 561.650.5300 1 irandolph(@,jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 wwwJonesfoster.cotn
Incoming 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: c o [mailto:pinegd@gmaii.com]
Sent: Wednesday, January 27, 2016 2:21 PM
To: gary@brandenburgpa.com; Randolph, John C.
Subject: Code Enforcement - Town of Gulf Stream v. Chris O'Hare
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, FL 33408
Dear Mr. Brandenburg,
You may recall that, for medical reasons, I was unable to continue with the Code Enforcement
Hearing of January 20th at the Town of Gulf Stream. Should the Town wish to schedule the
continuation of that hearing for a later date, I respectfully request you refer to the attached letters from
my physicians, Dr. Cohen and Dr. Gross, and follow their recommendations when considering any
new dates.
Dr. Cohen was kind enough to see me right after my release from Bethesda Hospital and wrote the
attached letter after his examination of my physical condition. Dr. Gross completed his initial
examination last night, and wrote his more extensive recommendation based on his assessment of
my contributing mental condition.
Should the hearing be scheduled to continue at a time when Dr. Cohen and Dr. Gross both feel my
attendance is appropriate, I will do my best to attend and present evidence and testimony that I
believe will exonerate me of the Town's charges.
As an aside, I am unsure if it is appropriate for me to copy this email to Mr. Randolph, or if he should
receive it directly from you. My instinct is to directly provide him with a copy. Please let me know if
this was improper, and if so, I will correct this procedure in the future.
Respectfully,
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL
z
David A. Gross, MD, DLFAPA, PA
Medical Diplomate American Board of Psychiatry & Neurology
Psychiatry Distinguished Life Fellow American Psychiatric Association
January 26, 2016
RE: Christopher O'Hare
dob 4/8/54
To Whom It May Concern:
I am a board certified Psychiatrist practicing in Delray Beach, FI. Christopher O'Hare is
my patient and suffers from a severe traumatic anxiety disorder. The severity and
fragility of his mental state causes him to be at significant risk of further
decompensation if he has to participate in ongoing litigation and/or civil hearings.
It is my formal recommendation that Mr. O'Hare's involvement is said litigation/hearings
be postponed until her has regained his health.
Sincerely,
David A. Gross, MD, DLFAPA, PA
4600 Linton Blvd., Suite 310, Delray Beach, FI 33445
Ph: 561 4961281 Fax: 561 498 7698
Meyer E. Cohen M.D.
Board Certified
Internal Medicine
January 25, 2016
RE: CHRISTOPHER OHARE
To Whom It May Concern:
V
P R E. M I E R
Medical Associates
1601 Clint Moore Road, Suite 115B
Boca Raton, FL 33487
Phone: (561) 939-0750
Fax: (561) 939-0755
Concierge Medicine
I am the physician for the above -referenced patient. Christopher OHare is
currently suffering from a serious medical condition. He is undergoing treatment
and analysis at this time. I understand that he is involved with ongoing litigation.
It is my recommendation that he postpone his current hearing for at least one
month until he is more medically stable.
Please feel free to contact me if necessary.
Sincerely,
Ll,�—
Meyer E. Cohen, M.D.
MEC/bl
CC: patient's medical chart
Kelly Avery
From: Randolph, John C. <1Randolph@jonesfoster.com>
Sent: Tuesday, November 17, 2015 3:47 PM
To: Bill Thrasher; Rita Taylor
Subject: Gulf Stream vs O'Hare CE 15-1
Attachments: 1NT2212-order motion clarification rescheduling ce 15-1.PDF
Please see the attached Order from the Special Magistrate which denies the request for rescheduling and
orders that the hearing procedure shall follow the requirements of the Gulf Stream Code of Ordinances.
JOHN C. RANDOLPH
JONES FOSTER
JUiI'�sI )NhSTURMRAL
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolphejonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
I'lagler Centet Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33+01
561-659-3000 1 www.jonesfoster.com
Incoming emails are filtered which may delay receipt. '11)is 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 notify us by email and delete the original message.
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.
I— V;
Copies to:
Louis Roeder, Esq., Counsel for Respondents
John C. Randolph, Esq., Attorney for the Town of Gulf Stream
Kelly Avery
From: Randolph, John C. <JRandolph@jonesfoster.com>
Sent: Tuesday, November 03, 2015 1:49 PM
To: Bill Thrasher
Cc: Rita Taylor
Subject: FW: Statement of Violation & Notice of Hearing CE 15-1
Attachments: Notice Violation CE 15-1_103015.pdf
El
I just received the email below from Lou Roeder requesting a postponement of the code enforcement hearing
which is currently set for Monday, November 16, 2015, at 2:00 p.m. Please advise at your earliest
convenience as to whether this request can be accommodated and, if so, what alternative dates are available.
Thank you.
JOHN C.RANDOLPH
JONES FOSTER
-.—.—-JOfINSION&S1Ufln CA.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fas: 561.650.5300 1 irandolph(@,,jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, \Fest Palm Beach, Florida 33401
561-659-3000 1 www.ionesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: lou.roeder@gmail.com [mailto:lou.roeder@gmail.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.
Thanks.
Louis Roeder
Attorney at Law
Phone: 407-758-4194
Email: lou@Iouroeder.corn
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
I iCONFIDENTIALITYNOTE: This email message and any attachments may contain confidential, privileged and non -disclosable
information. The information is intended onlyfor the use of the individual or entity named on this email. Ifyott 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
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transmission, please notify the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard
copies. Thank you.
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning a
Zoning Department
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 15-1
Ph. (561) 276-5116
Fax (561)737-8188
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.
1. Location/Address where violation(s) exist(s): 2520 Avenue Au Soleil, Gulf Stream, FL 5348:
2. Legal Description:
Lot 36, Place Au Soleil Subdivision
3. Name and address of owner/person in charge where violation(s) exist(s): Christopher F.
O'Hare and Shellev 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 CONSTRUCTION ABANDONMENT
Failed to complete construction within timeframe of Bldg. Permit. Sec. 70-238 ROOFS
Calls for flat, wbite thru & thru, smooth, un -coated tile but no tile has been
Installed over prohibits
inconsistent roofing materials visible from exterior
,. of property or with any other
eu iffitE m�he mat:e�i�t-h# ti be ii i eR ria Sec.
(SEE ATTACHED "EXHIBITS OF VIOLATION")
5. Date of First Inspection: July 17, 2015
6. Date owner first notified of violation(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 Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on 11-16-15 at 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.
Kelly Avery
From: Matias, Sally <SMatias@jonesfoster.com>
Sent: Tuesday, April 05, 2016 3:40 PM
To: Rita Taylor
Subject: O'Hare CE 15-1 Exhibits
Rita,
Mr. Randolph said you should ask Brandenburg to return the exhibits so the Town will have them in their file.
Sally
JONES FOSTER
}ou:vs ON&STUM, P.A.
Sally Matias Secretary to John C. Randolph and 11. Michael Hasley
Direct Dial: 561.650.0458 Fax: 561.650.5300 I smauas@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
hlagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.ionesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
Kelly Avery
From: Matias, Sally <SMatias@jonesfoster.com>
Sent: Wednesday, February 24, 2016 10:15 AM
To: Kelly Avery
Subject: O'Hare CE -15-1
Attachments: 1OP3578-ohare 2520 avenue au soleil roof ce 15-1.13DF
Kelly,
Mr. Randolph asked me to forward the attached letter to you.
Sally
JONESFOSTER
Ictunsroty&srUaes, re.
Sally Matias Secretary to john C. Randolph and 1-l. bfichael Easley
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 I smadasng,jonesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails are filtered which may delay receipt. 11 -tis 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 notify- us by email and delete the original message.
ENGINEE NG
2213 22nd Lane
Palm Beach Gardens, FL 33418
Phone:(561)625-6455
Fax: (888) 786-2515
e-mail: terry@telunnpc.com
December 14, 2011,
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL 33483
Re: O'Hare Residence at 2520 Avenue Au Soleil, Gulf Stream, FL.
Dear Mr. O'Hare:
On December 13, 2011, I inspected the existing roof framing at the referenced address.
The existing roof framing will not support the design loads of a concrete or clay tile roof. The
lightest roofing system possible is needed.
I certify to the best of my knowledge, belief and professional judgment that the referenced roof
framing will not support a tile roof.
1E I can be of further service Tease call.
p,t1t nurrrr�
Sincerely, .��� ENCE Eq9 �•,�
T.E. L P Qe ��G E NS�lG
No 26119 y2
T e nceE/Lur j NEGSP ,.44u4Z
FL Reg. # 26119 •. I OR
AL
I/P1,11111 tit
Cc: William Thrasher, Town Manager, Town of Gulf Stream
Kelly Ave
From: Matias, Sally <SMatias@jonesfoster.com>
Sent: Monday, November 30, 2015 4:11 PM
To: Kelly Avery
Subject: Public Records Request from Christopher O'Hare dated 11/25/15 Regarding CE 15-1
Draft Response — Public Records Request from Christopher O'Hare RE: Discovery of evidence for
Code Hearing of 12/4/15
In response to your public records request received this date, please be advised as follows.
1. ALL records the Town intends to present to the Special Magistrate during the Code enforcement
hearing against O'Hare scheduled for Dec. 4, 2015.
The Town objects to your request as it fails to identify with sufficient specificity the records that you
seek. Subject to its objection, the Town responds that it is in the process of preparing for said hearing and
does not know at this time what records will be presented to the Special Magistrate during the code
enforcement hearing. Upon a determination being made as to what records will be presented, they will be
provided.
2. ALL records that support, reference or are related to the records the Town intends to present to the
Special Magistrate during the Code enforcement hearing against O'Hare scheduled for Dec. 4, 2015.
See answer to number 1 above.
3. All staff reports, consultant reports, photos, communications and any other records that related to the
property located at 2520 Avenue Au Soleil AND the alleged violations that are the subject of this hearing.
This is a voluminous request, as there are numerous records in the possession of the Town relating to
2520 Avenue Au Soleil. It is estimated that hours would be required to locate all of these documents
at a cost of $ Upon payment, the Town will begin researching these records and provide them as
requested.
4. All communications between the Town' and anyone else (including communications between Town
entities) which wholly or partly concern this hearing or the alleged violations.
See answer to number 3 above.
JONES FOSTER
JOHN51 oN &sntaxs, r.A.
Sally Matias Secretary= to John C. Randolph, 14. 1vlichael Easley, and Keith W'. Rizzardi
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 small s@jonesfoster.com
jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.ionesfoster.com
Incoming 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
Kelly Ave
From: Matias, Sally <SMatias@jonesfoster.com>
Sent: Tuesday, November 24, 2015 4:08 PM
To: Kelly Avery
Subject: Brandenburg correspondence re: CE 1-15
Attachments: RE: Case No. CE 15-1 - Motion for Clarification & Rescheduling; Town of Gulf Stream vs
O'Hare CE 15-1
Pursuant to your request.
JONES FOSTER
loaysr ),N a:s1 ursss, r a.
Sally Matias Secretary to John C. Itandolph,11. hfichael Easley, and Keith W. Itizzardi
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatiasejonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1 loo, West Palm Beach, Florida 33401
561-659-3000 1 www.ionesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
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 [mailto:lou.roeder@gmail.com] On Behalf Of Lou Roeder
Sent: Wednesday, November 11, 2015 8:51 AM
To: Randolph, John C. <JRandolph@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 only for the use of the individual or entity named on this email. Ifyou are not the intended recipient, you are
hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on the contents ofthis email information, is strictly
prohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental
transmission, please notify the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard
copies. 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.
JONESF0Srill ER
1-.. - 1(1 .- -1134,1.1'.1.
Sally Matias Secretary to John C. Randolph, H. Michael Easley, and Keith W� Rizzardi
Direct Dial: 561.650.0458 1 Pas: 561.650.5300 1 smatias(@,,jonesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
P7agler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33.401
561-659-3000 1 www.jonesfoster.com
Incoming emails 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, any 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
2
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
3
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(a-)louroeder.com; and Special Magistrate Gary
Brandenburg, Esquire, gary(aDbrandenbumpa.com, this 13th day of November 2015.
pAdocs\13147\00001\pld\7 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
n
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 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.
Thanks.
Loris Roeder
Attorney at Law
Phone: 407-758-4194
Email: lou@louroeder.com
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
aONFIDENTIALM' NOTE.• 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 nand on this email. Ifyou are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents ufdhis email it jornmtion, is strictly
prohibited and that the documents should be returned to the sender immediately. Ifyar have received this email in error or by accidental
transndssion, please notify, the sender by return email tuuuediately, delete all electronic copies oftnis entail and all attachments and destroy all hard
copies. Thank you.
Matias, Sally
From: Randolph, John C.
Sent: Thursday, November 05, 20151:30 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
- Ipb. Tu; --,u nas. r.A.
John C. Randolph Attorney
Direct Dial: 551.650.0458 1 Fax: 561.650.5300 jrnndo ph�g jonesfoster.com
Jones. Foster, Johnston & Stubbs, P t1.
1'1agler Center Power, 505 South F'lagler Drive. Suite 1100, Nest Palm Beach, Florida 33401
541-659-30110 1 www,jonesfoster.corn
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, yam received this in error. If so, any review, d6semutation, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: lou.roeder(agmail.com [mailtodou.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
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.
Thanks.
Matias, Sally
From: Louis Roeder <lou.rceder@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 wadNOT to have the hearing on a Friday? If so. it would be greatly appreciated.
Lou Roeder
Sent from my iPhone
On Nov 5, 2015, at 1:30 PM, Randolph, John C. <JRandolphRjonesfoster.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: 56L650.0458 1 Pax: 561.650.5300 jrnndolph(a)ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Hagler Center,rower, 5115 South Flagler Drive, Suite 'l l(H), West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfostcr.cum
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and
maybe privileged and contidendal. 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 in -mediately notify us by ctnail and delete
the original message.
From: lou.roeder(o)gmail.com [ma ilto:lou. roederColgmail.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 4th 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
V111 A(O W 65(1'0115, 1)A.
Join C. Randolph Attorney
Direct Dial: 561.650.0458 j Pas: 561.650.5300 1 jrqndolph@ionesfoster.com
ionesfosteccom
Jones, Foster, Johnston & Stubbs, P.A.
Fligler (.enter Tower, 505 South Hagler Drive, Suite 1100, West Palm Beach. Florida 33401
561-6.59-31)191 j www.jonesfosteccom
Incoming emails are filtered which may delay receipt. 11iis 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 itnmediateh notify us by email and delete the original message.
From: Louis Roeder [mailto:lou.roederCatgmail.comj
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:
Zoning
Town of Gulf Stream //4h d (-21 i p lel-, d
10OSeaRoad Arrl'(I•e 206
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
Fax
CASE NO: CE 15-1 10-30-15
STATEMENT OF VIOLATION AND NOTICE OF HEARING
737 -alga
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: Int 36 , 'Tare Au Soleil Subdivision
3. Name and address of owner/person in charge where violation(s) exist(s): Chrietrn+berP.
O'Hare and Shelley L.C. O'Hare, 2520 Avenue Au Soleil, Gulf Stremn, FL 33483
4. Violation of Town Code Section(s) and descripptio.
n(s): Sec. 42-29 CONSMULTIOtr ABANDOtOM
Failed to complete construction within timefrmre of Bldg. Perrtdt. Sec7 -238 ROOFS
Galls for flat, white thru'6 thru, smooth, un -coated tile but no tile has been
inconsistent
:property of property or with any other
..n♦..11 a t I
SEC.
(SEE ATTACHED "EXHIBITS OF VIOLATION")
5. Dale of Find Inspection: _ July 17, 2015
6. Date owner fust notified of violation(s): August 14, 2015
7. Date on/by, which violations we to be coaecled: September 14. 2015
rr+rt+rtrtrtrtrrtrtrrtrt++r+rrrrrtrtwlMPORTANT NOTICErrrrrtrtr++rtrtr+rr+rrtr+rtrrrtrt
Unless the violator corrects the violation(s) described herein by the date set forth above AND
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561-276-5116 to verify
COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on 11-16-15 al 2:00 P.M. or as soon thereafter
as the case can he 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
illiam H. Tbrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEFORE
11-17-15 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) IS/ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATIONS) IS/ARE CORRECTED AND THEN RECUR(S), 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 Code and if you fail to comply with such order within the time period set
forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining
in non-compliance.
If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES
CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN.
If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an
APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF
GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST
MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate with respect to any matters
considered at subject meeting, they will need a record of the proceedings, and for such -purpose, they
may need to ensure that a verbatim record of the proceedings is made, upon which record includes
testimony and evidence upon which appeal is to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By, Rita L. Taylor, Town erlr
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276-5116
COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN R. ORTHWEIN
THOMAS M. STANLEY
DONNAS. WHITE
August 4, 2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
Telephone
(561)376.5116
Fax
(561)737-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Hand Delivery
Article 1198
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 Dlace.
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 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
COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN R. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
August 14, 2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Streams Florida 33483
Dear Mr. O'Hare:
Telephone
(561)2783110
Fax
(581)737.0180
Town Manager
WILLIAM H. THRASHER
Town Clerk
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.
12-27
OCLF STRE,UI CODE
and u fee established by the town's fee schedule
shall be paid to the town fnr 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 be paid to the town. The permit
will be valid for a period of six months.
lel If n person fails to obtain n building permit
where otherwise required within the town, the
penalty fee applicable by the City urDalray Beach
in the amount of three times the regular fee due
to the City or Delray Beach shall be paid. In
addition, there shrill be paid to the toren n fee
three times the regular fee dile the town.
(Code 1978, § 4-3: Ord. No. 89-6, F 1, 12-18-89;
Ord. No. 9s-1. # 1, 4-14-98; Ord. No. 09-9, § 2,
11-13-09)
Sec. 42-28, County to process applications;
fees for service.
The county building department shall procesz
phms that m'e submitted in triplicate, checking
the same for compliance with the codes adopted in
this article, and will determine the amount of the
permit f'ee 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 Unit, application for permit is
submitted to the county.
(Code 1978, § 4-4)
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 a building
permit shall be primn facie evidence that the
building project has not commenced or has been
abandoned.
Failure of the permit holder or the property
owner to complete construction once it has been
initiated within the timeframe of the building
Permit is a violation that will be referred to the
special master pursuant to Chapter 2, Article 111,
Division 2, of this Code. Failure to restore, the site
to its preeonstruction conditions, including re-
moval of all structural improvements and place-
ment of sod 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)
Editor's nuts—Ordinance \u. 03.1:1, 5 1. adopted October
10. 200.1. repeated ¢ 12-29. Fumterly. such section pertained to
appmal or supplior of w:uer priur to ponnit issuance and
rlericed front 5 4-6 of the 1978 Cnde. Subaaquent M. 5 2 ursame
ordiwmrr renumhemd 5.12410 as 5 •12.29.
Sec. 42-30. Driveway permits.
(a) Permit required Construction or rccnnatruc-
tion of driveway aprons within town right-of-way
shall not commence until the town has issued a
driveway connection permit. The pormit shall be
processed as a Level I site plan approval. Thr
town may intpnsc reasonable conditions to ensure
that driveway run -orris directed awav from the
roadway, to ensure free flow ofdrainage across
the base or the driveway apron where necessary
to rcnch existing or proposed drainage out -falls,
and to ensure proper connection with the travel
lane of the adjacent roadway.
(bl Properties fronting ort SR AIA. Not with-
standing the foregoing, properties proposing ac-
cess to State Road AlA shall first obtnin a drive-
way permit from the state department of
transportation.
1Ord. No. 00-1, § 2, 3-10-001
Editor's note—tlydin:wrr Nn. U.'1 -C1.5:1. arloptrd October
10. 2013, renumbered i t2,:11 to ¢ 12 -:In,
Secs. 42-31-42.60. Reserved.
CD42:4
GULF STRF1A\I ORSIGti b41SCAI.
N' i❑ -29F
lb) Stepbarks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a
transition between first and second stories. A few critical stophochs on n building are better than several
minor stepbacks that only complicate the facade and create husv architecture.
(c) Preferred.
Balconies
Simple rectangular confi«-
urations
Single story garages
Smaller second story con-
figurations
Stepbacks to second story
iell Discouraged,
Angohu• walls
Complex facade treatment
(excessive multi -layer
stepbacks)
Sec. 70-238. Roofs. '' sccunu Marv. single stury garage, sad a balcony help to
articulate and give approprlate scale Ln Ihis house (preferred).
int Required. Plat, while thou
and thru, smonth, un -coated Life and gray slate tilt may be permitted on hamis that are predominately
Georgian or British Colonial with Bermuda influences. Flat, gray thru and thru, un -coated the or
slate -litre the may be permitted at the discretion of architectural review and planning board and town
commission through the Level IIt review process, subject to the architectural roviow and planning board
find the town commission making n determination that such alternatives are appropriate for the
neighborhood.
Ib) Pn�/ernol.
Combination hip/gable
roofs
Decorative copped chim-
ney
Fx x)sed rafter tails
Flashing. vunt stacks. and
pipes painted to motels ad-
jacent building surface
Flip roof
Low pitched roofs (6:12
slopes)
Rowfoverhangl21 2'/afect
Simple roof geometry em-
phasizing long horizontal
lines
White Hat untextured tile
�.��� foram— aermuaa style while tilt roof (required)
CD70:0J
3 7n -9s
GULF STRE.4\t CODE
Sec. 70-80. Roof design, slope, and materials.
Roofs are a mtijor visual element Lind should be carefhlly considered ns to the proportion, texture, color
and compatibility with both the house style aad neighboring building,, Similarities in roof types create
a visual continuity in the streetscape and neighborhood. Brand low roof lines with overhanging enves
provide a reassuring sense of shelter and create shade lbr underlying windows.
(1) Preferred.
Exposed gutters find downspouts pointed to match adjacent roof or wall material
Exposed rafter tails
Flashing, vent stacks, and pipes painted to match adjacent building surfiice
(,utter" and downspouts designed as if continuous architectural feature
Flip or gable roofs
Low pitched roofs (Under 28° fir 0:12 slope)
Rauf material true to architectural style
Roof overhangs (two to 24s fact)
Roof pitches over parches or ancillary structures )under 40° or 1:1 slope)
Simple oaf geometry
Tile roof material
)2) Discouraged.
Roof material uncharacteristic of architectural style or zoning district
"S" -shaped the in some districts
Shed roofs
Steep slopes )over 45' or 1:1 slope)
CD70:46
GULP STREAAI DESIGN AIANUM,
Very low pitched roofs (less than 1S° or 5:12 slope)
HiEShed Discoura¢ed)
Flat Hansard (Prohibited
(3) Prohibited.
Low Slope
Under 2Sc
16:12 %lope)
Average Slope
28!45-
(6:12-1:1)
Y00 44.
Steep Slope
Over 45c
(I:1 slope)
70-1119
Asphalt shingle except on existing polo cottages and homes with existing asphalt or wood
shingles
Bright, unnaturalistic-lonking roof material
Plat roofs visible aver ten percent or total roof area, except when used at peaks to reduce roar
massing
Gambrel roofs
Glazed skylights on the strectside
Inconsistent roofing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory
structures)
Non-carthtone colors (except white). for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll tile and similar tile styles in all districts except Place At, Soleil
S -Tile in nil districts except Place An Soleil
Solar panels an the slreetsidc
CD70:47
i 2-12
(;t (.e srltt:aM CODE
DIVISION 2 CURE ENFORCEMENT*
Sec. 2.66. Title.
This division may be (mown and cited as the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06-02, § 1, 5-5.061
Sec. 2-67. Special magistrate term.
(a) There is hereby estnblished u special mag-
istrate who shall be designated by the town
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall he appointed to
serve in an ex -officio capacity if the special mag-
istrate serves other local governments ns n special
magistrate. Such service to other local govern-
ments does not create duties inconsistent with
serving ns special magistrate to the Town of Gulf
Stream.
(c) The special magistrate shall be an attorney
and It member of the Florida Bar.
Id, The special magistrate shall serve tit the
plettsure orthe town commission.
(w 'Phe special magistrate shall preside over
code enforcement mutters scheduled to be heard
from time to time.
(Fl Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shrill be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of his/her duties.
!gl The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate.
(Ord. No. 06-02, § 1, 6.5-06)
State law reference—S(xcial mngistrntes. F.S. i 162.6:1.
'State law reference—Cade enfurcemunt. F.S. ch. 162.
N
AllNIMSTRAT(OS
Sec. 2.68. Jurisdiction.
(a) The special magistrate shall have thejuris-
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;
(61 Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06-02, § 1. 5-5-06)
Sec. 2.69. Enforcement procedure.
(a) An employee of the town who is duly au.
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to n 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 inspee-
i 2.69
tors, law enforcement oflicors, public works in,
specters, fire safety inspectors, and zoning inspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall bo hand delivered or mailed as
provided in section 2-75 to the violator. At tho
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2-75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the cure may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violatiun. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
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 repent violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine coats and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the some 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
preaents a serious threat to the public health,
CD2:5
2-69
GULF STREAM CODE
safety, and welfare or if the violation is irreparn-
ble or irreversible in nature, the code inspector
shell make n ronsonnhlo effort to notify the violn-
tor and may immediately notify the specinl mag-
isLrate and ruquest a hearing.
lord. No. 06-02, 3 1, 5-5-061
StaLe law referonce Similar provisions, F.S. Q 162.06.
Sec. 2.70, Conduct of hearings.
(a) AL the hearing, the burden of proof shall tar
upon the town to show by substantial competent
evidence that n violation did occur ur does exist,
or ha, been repented. Assuming proper notice of
henrinr has been given to the respondent, either
as actual notice or as provided heroin, a hearing
cony proceed in the absence of* the respondent.
(b) All testimony shall be under oath and shall
be recortivd. The lilrmal ruins ofevidence Atoll nal
HMO. Irrelevant, immaterial and unduly reputi-
L inns evidence of n type commonly relied upon by
rvasonable prudent pot:suns in the conduct of
their tdlhirs shrill be admissible, whether or not
such evidotce would be admissible aL a trial in
the courts of the state. Documentary and physical
evidence mny he admittad.
lc) The special magistrate may inquire of* any
witness who is testifying before him/her. The
r(:spondemt, or his attorney and the town nttornoy
end his/her designee shall be permitted to inquire
ul'any witness before the special magistrate. The
specinl magistrato may call tiny witness deumed
necessary to provide n lull and tnir hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence un the record and conclusions of law,
tool shall issue an order affording the proper
roliefcunsistent with the pavers granted heroin.
Tho order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within Lou working days after the
hearing. In the event the town prevails in prose-
cuting a case before the magistrate, it shall be
entitled to recover all costs incurred in prosecut-
ing the case before the special magistrate and
such caW may be included in the lien authorized
under section 2.72 of this chapter. Administrative
costs, fir purposes of this section. shall be $150.00.
WW
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
ol'$150.00, that the order must be complied with
by a specified date and that a fine, as well or, tlne
cost of repairs, may be imposed if the order is not
complied with by such date. The administrative
costs shall be due regardless of whether the. order
is complied with by the requisite date. A certified
copy ol'such order may be recorded in the public
records of the county slid shall constitute notice
to any subsequent purchasers, successors in in-
terest, or assigns if the violation concerns real
property, tied the findings therein shall he bind-
ing upon the violator and, if the violation concerns
real property, any subsequent purchasers or suc-
cessors in interest or assigns.
lord. No. 06-02, § 1. 5.5-06; Ord. No. 09-0, § 1,
I1-13-09)
State law reference Siuriiar prnvi+iun,. F.S. 3 161.07.
Sec. 2-71. Powers.
Thr special magistrate shall have the power tit:
(1) Adopt rules fur the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
131 Subpoena evidence as necessary fbr his/
her hearings, including, but not limited to
physical and documentary evidence such
as record,. survey,, plats and photo.
graphs.
GO Tnkc testimony under nath.
(5) Issue orders having the force and effect of
law which can command whatever steps
arc necessary to bring it violation inl:o
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s1 within ten
working days therenfter.
(6) Establish and enforce fines pursuant to
section 2-72.
171 Authorize the town attorney to fort -close
on liens imposed pursuant to section 2-72
which remain unpaid Lifter n perind of
three months.
N
ADMINIFFRATION
18) Authorize the reduction of any fine he/sho
has imposed.
('Ord. No. 06-02, 5 1, 5-5-06)
State law reference—Similar provisions. FS. ¢ 163.08.
See. 2-72. Administrative fines, costs of re-
pair; liens.
fa) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date sot by
the special magistrate for compliance or, in the
caso of a repeat violation, fur each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. in addition, if the violation is
a violation described in subsection 2-69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
been made as provided in this section, a hearing
shall not he necessary far issuance of the order
imposingthe fine. If, after due notice and hearing,
a special magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However. if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
Ic) In determining the amount of the foe, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
2-73
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be recorded in the public record and thereof.
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court •judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be n court judgment except
for enforcement purposes. A foe imposed pursu-
ant to this section shall cautious 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 ofany such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
may be foreclosed on real property which is n
homestead under Section 4. Article X of the State
Constitution.
(Ord. No. 06.02, § 1, 5-5-06)
State law rererence Similar prnvisians. F.S. d 162M.
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 on order imposing n fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attor-
ney's fee, that it incurs in the foreclosures. The
town shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The
continuation of the lien effected by the commence-
ment of the action shall not be good against
CD'2:7
P 2-7:1
4ULY STMAM CODE
creditor's at* subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
(Ord. No. 06-02, § 1, 5-5-061
-state law referanc; —Simihv pr visiom. 4:,. $ r62. (a.
Sec. 2-74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such all appeal shall not be a
hearing do novo, but shrill be limited to appellate
review (if the record created before the special
magistrate. The appeal shall be filed within 30
days of the execution of the urder to he appealed.
(Ord. No. 06-02, § 11 5.5-06)
State law rererence—Similar pracidinoa 1{K C 162.111.
Sea 2-76. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail.
return receipt requested; by hand delivery by the
shcrill' or other law enforcement officer, axle in -
Spector, or other person designated by the local
govur'ning body: or by leaving the notice at the
violator's usual place orresidenco with anyperson
residing therein who is above 15 years of age and
inibrn»ng Such person ul' Ulu contents of the
notice.
(b) In addition to providing notice as sot forth
in this section, at the option or the special nnallis-
trute, notice may also be served by publication or
posting, its follows:
111 Such notice shall he published once dur-
ing each week f'ar tour consecutive weeks
if'our publications being Sufficient) in a
newspaper ut'general circulation in Palm
Beach County. Florida. The newspaper
shall meet such requirements a, are pre-
scribed ender F.S. ch. 50 fie legal and
nfficial advertistrments.
(2) Proof of publication shall be made as
Provided in P.S. H 50.041 and 50.051.
G3 In lieu of publicaLiuu a6 described in this
section, such notice may be posted for at
least ten days in at least two locations,
fine of which shall be the property upon
which the violation is alleged to exist and
tate other of which shall be at town hall.
(4) Prnofufpnstingshall bebyaffidavit orthe.
person posting the notice, which afliduvit
shall include in copy of the notice posted
Lind the date and places of its posting.
(c) Notice by publication or posting may run
concurrently with, fir may follow, an attempt m -
attempts to provide notice by hand delivery or by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with pruof of'publication or post.
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not Like alleked violator actually received such
notice.
(Ord. No. 06-02, § 1, 5-5-06)
State law referwce—%miler pmvisionn, R9. a 16.3.12.
Sec. 2.76. Procedure to request that a fine
or lien imposed pursuant to sec-
tion 2-72 be reduced; conditions
and criteria therefor.
(a) The owner of'real property against which a
fine hnS been imposed pursuant to section 2-72
may apply h, the special magistrate, through thr
Lown attorney or blather designee, fur a satisloc-
tion of the fine with less than fill payment
theruul'. 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 rind other
government -imposed lien; against the sub.
sleet real property have been paid.
(2) The applicant i, not personally indebted
to the town lin• any reason.
(3) All town rude violations have been cor-
rected under necessary permits issued
therefor.
(b) in considering an application to reduce a
fine rn• lien imposed pursuant to section 2-72. no
satisfaction thereof shall be approved by the spe-
CD2:6
ADNIMSTRK110N > 2-80
dill magistrate with less than full payment thereof, nite't.erm of imprisonment not to exceed 60 taws,
unless the special magistrate shall make a spc 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, a 1. 5-5-061
the subject real property.
10 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.
Id 1 if the properly for which an application for
n fine reduction is being considered is owned by a
government or qunsi-government entity, the spe-
cial magistrate may reduce such fine even if the
violation has net been corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a sat-
isfactien of the lien with loss than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06-02, 4 1, 5-5-06)
Sec. 2.77. Provisions supplemental and cu.
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
nnyviolation (if the ordinances ofthe town, nor to
bar or prohibit the town from (ding charges against
any person, firm or corporation violating any
town ordinance as provided by existing laws. This
division shall be construed to be supplemental
and cumulative with nny and all other remedies
available to the town and not exclusive.
(Ord. No. 06-02. 5 1, 5.5-06)
Stn Le law reference- 91milar prnvisiuns. F.S. a 102.013.
Sec. 2-78. Alternative code enforcement pro.
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal nrdinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defl-
CI
/-M*i QUALAPP-02 BWARNER
'4� CERTIFICATE OF LIABILITY INSURANCE DATE,M1/YYY)
5/25//202016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONM
NATACTE:
4SSOCIATES INSURANCE AGENCY P"°NE .(813)988-1234Ne; 813 988-0989
11470 N 53rd St Ar
-MAIL
temple Terrace, FL 33617 .nneoe.. certs0associatesins.com
INSURED
High End Services, LLC
13020 Belcher Rd S
Largo, FL 33773
Southern Owners Insurance Co
AUTO OWNERS INSURANCE CO.
COVERAGES CERTIFICATE NUMRFR: RFvIRInN NIIMRFR•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
POLICY NUMBE0.
POLICY EFF
MMNU�
LIMIT
A
MERCIAL GENERAL LIABILITY
CLAIMS -MAGE OCCUR
4—clom
20664937
06121/2016
06/2112017
EACH OCCURRENCE S 1,000,000
PREMISES Es occumerce $ 300,000
MED EXP (Any one person) S 10,000
PERSONAL B ADV INJURY S 1,000,000
GENL AGGREGATE LIMIT APPLIES PER
POLICY PRO-
JECT 7 LOC
OTHER:
GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OPAGG S 2,000,000
S
B
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
ALL ONED SCHEOWNED BODILY
NON -OWNED
VIREO AUTOS X
236446000
0612112016
0612112017
COMBINED SINGLE LIMIT $ 600,000
Ea acdd.m
BODILY INJURY (Per person) S
INJURY (Per soddent) $
PROPERTY DAE
MAAUTOS Per.wdent S
E
A
X
UMBRELLA LUISX
EXCESS LAB
OCCUR
CLAIMS -MADE
4236446002
0612112016
0612112017
EACH OCCURRENCE S 1,000,000
AGGREGATE $ 1,000,000
DED I X I RETENTIONS 10,000
$
ANDWORKERS MPL COMPENSATION
ANDEMPLOYERS'LIABIQTY YIN
ANY PROPRIETOR/PARTNEREXECUTIVE
OFFICERMEMBER EXCLUDED? El
(Mandatory In NH)
Ifyes, descdbe under
DESCRIPTION OF OPERATIONS below
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STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE -EA EMPLOYE $
E.L. DISEASE -POLICY LIMIT I S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 10/, Addldonel Remarb.Schedule, may be altaehed N mora spec. is Muhmi)
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
ell"A"
ACORD CORPORATION. All riohls reserved
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
Kelly Avery
From:
Sent:
To:
Subject:
Attachments:
Please see the attachment.
Kelly Avery
Deputy Clerk
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483-7427
561-276-5116
561-737-0188 fax
Kelly Avery
Thursday, January 21, 2016 2:04 PM
Lou Roeder
Code Enforcement Hearing Continuance
12816 code enforcement hearing.pdf
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
January 21, 2016
CODE ENFORCEMENT HEARING CONTINUANCE
CODE ENFORCEMENT HEARING CONTINUANCE TO BE HELD BY THE CODE ENFORCEMENT
SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, JANUARY 28,
2016 AT 9:00 A.M. IN THE COMMISSION CHAMBRS OF THE TOWN HALL, 100 SEA
ROAD, GULF STREAM, FLORIDA. THIS HEARING IS BEING CONTINUED FROM
DECEMBER 4, 2015 AND JANUARY 20, 2016
AGENDA
I. Call to order.
_:. CONTINUATION OF Case No. 15-1: Christopher O'Hare, 2520
Avenue Au Soleil,
Gulf Stream, Florida: Violation of Section 42-29 CONSTRUCTION
ABANDONMENT; Failed to complete construction within the
timeframe of Bldg. Permit. Section 70-238 ROOFS; Calls for
flat, white thru & thru, smooth, un -coated tile but no tile
has been installed over the underlay. Section 70-99 ROOF
DESIGN, SLOPE & MATERIALS (3); Prohibits inconsistent roofing
materials visible from exterior of property or with any other
house in town.
III. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM CODE ENFORCEMENT SPECIAL MAGISTRATE. WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105
Matias, Sally
From: Randolph, John C.
Sent: Tuesday, February 02, 201612:20 PM
To: Gary Brandenburg
Subject: Re: Continuation of hearing
I am available all day on March 1, 2, 4, and 7.
Sent from my iPhone
On Feb 2, 2016, at 11:28 AM, Gary Brandenburg «arvC@brandenburRoa.com> wrote:
Gentlemen;
Please provide me with dates in the 1St two weeks of March (one full day) to
continue the hearing to a conclusion.
This will allow Mr. O'Hare to obtain a new attorney to handle the matter
with or without his attendance or recover from his medical condition.
Please advise of your availability.
Thank you for your cooperation;
Gary
G arvQB rand enb urePA.com
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S. Highway One, Suite 100
North Palm Beach, PL 33408
(561) 799-141.4
(561) 371-1824 (cell)
(561) 758-7496 (Sandy cell)
I
Matias, Sally
From: Randolph, John C. on behalf of John Randolph
Sent: Wednesday, January 27, 2016 9:34 AM
To: 'Lou Roeder'
Subject: O'Hare Re -Roof Application dated 1/19/16
Follow Up Flag: Follow up
Flag Status: Completed
Lou,
Bill Thrasher has forwarded me a copy of your email to him relating to Mr. O'Hare's permit application. I
placed a telephone call to your 407 number and left a message for you to give me a call. At your convenience,
I would appreciate your giving me a call so we can discuss this matter further.
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
.1 1- Mxkarvw.: .
John C. Randolph Attorney
Direct Diah 56L650.0459 I Fax: 561.650.5300 1 jrandolpf),jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South I7agler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.ionesfoster.com
Incoming emails are filtered which may delay receipt. 'This etna l 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 notify us by email and delete the original message.
Matias, Sally
From: Bill Thrasher <bthrasher@gulf-stream.org>
Sent: Tuesday, January 26, 2016 9:57 AM
To: Randolph, John C.
Subject: FW: O'Hare Re -roof Application, dated 1/19/16
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
From: lou.roederRgmall.com fmailto:lou.roeder@gmail.coml On Behalf Of Lou Roeder
Sent: Monday, January 25, 2016 8:16 PM
To: Bill Thrasher <bthrasher@gulf-stream.ore>
Cc: Chris O'Hare <pineedfaDemail.com>
Subject: O'Hare Re -roof Application, dated 1/19/16
Dear Mr. Thrasher,
This e-mail is a follow up to our conversation of January 21 regarding your answer to Mr. O'Hare's permit application of January 19th to re-
install his barrel tile roof. In that conversation, you informed me that you did not intend to act on Mr. O'Hare's permit application until
Magistrate Brandenburg issues an order in your Code Enforcement action against Mr. O'Hare. While I no longer represent Mr. O'Hare in
regard to the code enforcement action, when he applied for the permit he had asked me to act on his behalf to follow up on its approval.
Mr. O'Hare is either entitled to this permit or he is not. Mr. Brandenburg's ultimate ruling on the code enforcement issue should have no
bearing on Mr. O'Hare's permit application. That code either grants Mr. O'Hare the right to install the roof material referenced in his permit or
it does not. I insist that you either approve this permit now, or reject it. And if you reject it, I request you tell me the section of the code that
prohibits this work, and allow Mr. O'Hare to appropriately respond to your decision.
I await your response, b
!r
Louis Roeder J N I Z
Attorney at Law /� p n A e,
Phone:407-758-4194 U V
Email: lou@louroeder.com
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
x CONFIDEN7'lALITYNOTE: This email message and any attachments may contain conJldential, privileged and non -disclosable Information.
The Information is intended only for the use ofthe individual or entity named on this email. # you are not the intended recipient, you are hereby
nothed 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. Ifyou have received this email in error or by accidental
transmission, please notify the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard
copies. Thunkyou.
Matias, Sally
From: Randolph, John C. on behalf of John Randolph
Sent: Thursday, December 10, 2015 2:18 PM
To: 'Lou Roeder'
Subject: Gulf Stream vs O'Hare CE 15-1 - January 14, 2016
Follow Up Flag: Follow up
Flag Status: Completed
Dear Lou,
Please forward to me at your earliest convenience copies of those documents which you have already entered
into evidence in regard to the above reference hearing. Also, please forward copies of any other documentary
evidence you plan on introducing into evidence at the resumption of the hearing scheduled for 10:00 a.m. an
January 14, 2016.
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
loo FSTua'ksavuav, re.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandoloh0ionesfoster.com
Jones, Foster, )ohnston & Stubbs, P.A.
Flagler Center'1'ower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 i www.ionesfoster.com
Incoming emails are filtered which may delay receipt. '11tis email is personal to the nauned 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 notify us by ctnail and delete the original message.
Matias, Sally
From:
Randolph, John C.
Sent:
Monday, December 07, 2015 12:04 PM
To:
'Gary Brandenburg'
Cc:
'Lou Roeder'
Subject:
RE: CE 15-1: Town of Gulf Stream v. Christopher O'Hare & Shelly O'Hare
Follow Up Flag:
Follow up
Flag Status:
Completed
Dear Mr. Brandenburg,
In response to your request that I advise you as to the dates available for hearing for the Town, please be
advised that the afternoon of December 10 and December 11 are still available for the Town. We also have
dates available during the week of December 14 and the dates of December 19 through January 11. Mr.
Roeder has advised that neither he nor his client are available during those times and suggested that we look
for dates starting the week of January 11. The Town is available all day on January 11, January 14, and
January 15.
The Town is anxious to conclude this matter at the earliest possible date
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
JIIIINITON-1-... Y.......
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Pas: 56L650.5300 I jrandolph [r)jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Plagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is persnnal 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 nutify us by email and delete the original message.
From: Gary Brandenburg(mailto:ga!y(&brandenburgpa.com]
Sent: Sunday, December 06, 2015 12:28 PM
To: Lou Roeder
Cc: Randolph, John C.; Chris O'Hare
Subject: Re: CE 15-1: Town of Gulf Stream v. Christopher 0"Hare & Shelly O'Hare
John
please give us some dates
When the Town's facilities will be available so we can Complete this hearing.
Gary
Sent from my Whone
On Dee 5, 2015, at 10:48 AM, Lou Roeder Qou@louroeder.com> wrote:
December 5, 2015
Gary Brandenburg
Town of Gulf Stream Magistrate
Brandenburg & Associates
11891 US Highway One, Suite 100
North Palm Beach, Florida 33408
Mr. Brandenburg,
As promised, my client has checked his family calendar for Monday, Dec 14. He informs me that due to previous family
commitments, they will be out of town that entire week.
In addition to being out of town every Friday, I will be out of town from 12/19 thru 1/11.
What are the earliest available dates convenient for everyone? Can we each provide a couple of prospective dates? I'm
pretty open starting the week of 1/11.
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
NOTE: 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. If
you 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. Ifyou have received this email in error or by accidental transmission, please notes the sender by return
email immediately, delete all electronic copies ofthis email and all attachments and destroy all hard copies. Thank yon.
Matias, Sally
From: Randolph, John C. on behalf of John Randolph
Sent: Thursday, December 03, 2015 3:39 PM
To: 'Lou Roeder'
Subject: Gulf Stream vs O'Hare CE 15-1
Attachments: Ohare Roof Pics.pdf
Attached are the photographs. They simply depict the condition of the roof as it exists today.
JOHN C. RANDOLPH
JONESFOSTER
John C. Randolph Attorney
Direct DiaL 561.650.0458 1 Fax: 561.650.5300 1 jrandolph@jonesfoster.com
jonesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
Plagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www,aonesfostcr.com
Tncoming etanails are filtered which may delay receipt. This email is personal to the mused recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in etror. If so, any review, dissemination, or copying
of this etnail is prohibited. Pleasc immediately nodfv us by email and delete the original message.
Matias, Sally
From: Randolph, John C.
Sent: Thursday, December 03, 2015 2:02 PM
To: 'Gary Brandenburg'
Subject: RE: Reasonable Accommodations - Dec 4, 2015 Code Enforcement Hearing
Follow Up Flag: Follow up
Flag Status: Completed
Dear Magistrate Brandenburg,
In further response to your email of December 1, please be advised that, in response to Mr. O'Hare's request,
the Town has retained equipment for the use of the hearing impaired.
JOHN C. RANDOLPH
JONESFOSTER
tnuw mn�es[unrt�:nti
Sally Matias Secretary to John C. Randolph, H. Micharl Easley, and Keith W. ltiZzardi
Direct Dial: 561.650.0458 i Fax: 561.650.5300 1 smadas 'onesfoster.com
Janes, Foster, Johnston & Stubbs, P.A.
Nagler Center Tower, 505 South Plagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www_.1ionesfoster.com
Incoming emaits arc filtered which may delay receipt. This ernail is personal to the named recipient(s) and may be privileged
and confidential. If you ate not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete die original message.
From: Gary Brandenburg [mailto:gary@brandenburgpa.com]
Sent: Tuesday, December 01, 2015 11:40 AM
To: Randolph, John C.
Cc: Chris O'Hare; Lou Roeder
Subject: RE: Reasonable Accommodations - Dec 4, 2015 Code Enforcement Hearing
Mr. Randolph;
Does the Town have any equipment for use of the hearing impaired?
Gary Brandenburg
Gary Brandenburg, Esq.
Brandenburg & Associates, P.A.
11891 U.S.1-Iighway One, Suite 100
North Palm Beach, FL 33408
(561) 799-1414
(561) 371-1824 (cell)
(561) 758-7496 (Sandy cell)
Gary a,Brandenburl?PA.com
From: lou.roeder@email.com [mailto:lou.roeder@zmail.coml On Behalf Of Lou Roeder
Sent: Tuesday, December 01, 2015 10:09 AM
To: Gary Brandenburg <gary@brandenburapa.com>
Cc: Randolph, John C. <JRandolph@ionesfoster.com>; Chris O'Hare <pinesd@email.com>
Subject: Reasonable Accommodations - Dec 4, 2015 Code Enforcement Hearing
December 1, 2015
Gary Brandenburg
Town of Gulf Stream Magistrate
Brandenburg & Associates
11891 US Highway One, Suite 100
North Palm Beach, Florida 33408
Mr. Brandenburg,
Mr. O'Hare requests the facility in which the Code Enforcement Hearing is held be reasonably
accessible to his hearing disability. It is essential to his participation in his own defense that he be
able to hear ALL evidence, testimony and proceedings.
Mr. O'Hare has stated many times that he struggles with the acoustics in the Town Hall Commission
Chambers. Could you please direct the Town to insure that this facility will adequately meet Mr.
O'Hare's needs, or that another location will be procured that provides a
reasonable accommodation for Mr. O'Hare?
Thank you.
Louis Roeder
Attorney at Law
Phone: 407-7584194
Email: louri�louroeder.com
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
CONFIDENTIALITYNOTE: This email message and any attachments may contain confidential, privileged and non -disclosable
information. The information is intended only for the use of the individual or entity named on this email. Ifyou are not the intended recipient, you are
hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on the contents of this email information, is strictly
prohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental
transmission, please notes the sender by return email immediately, delete all electronic copies ofthis email and all attachments and destroy all
hard copies. Thank you.
Support references:
Sec 760.08 FS - Discrimination in places of public accommodation. — All persons are entitled to
the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and
accommodations of any place of public accommodation without discrimination or segregation on the
ground of race, color, national origin, sex, pregnancy, handicap, familial status, or
religion. History.—s. 5, ch. 2003-396; s. 5, ch. 2015-68.
Florida Sunshine Act Manual, 2012, pg 40
b. Meetings at facilities that discriminate or unreasonably restrict access prohibited Section
286.011(6), F.S., prohibits boards or commissions subject to the Sunshine Law from holding their
meetings at any facility which discriminates on the basis of sex, age, race, creed, color, origin, or
economic status, or which operates in such a manner as to unreasonably restrict public access to
such a facility. And see s. 286.26, F.S., relating to accessibility of public meetings to the physically
handicapped. Public boards or commissions, therefore, are advised to avoid holding meetings at
places where the public and the press are effectively excluded. AGO 71-295. Thus, a police pension
board should not hold its meetings in a facility where the public has limited access and where there
may be a "chilling" effect on the public's willingness to attend by requiring the public to provide
identification, to leave such identification while attending the meeting, and to request permission
before entering the room where the meeting is held. AGO 96-55. And see Inf. Op. to Galloway,
August 21, 2008, in which the Attorney General's Office expressed concerns about holding a public
meeting in a private home in light of the possible "chilling effect" on the public's willingness to
attend. See: htM.•//nivfloridalegal.corn/webfiles.nsflWF/RMAS-9GNQ7'Wl$file/2014SunshineLawManual.pdf.
Matias, Sally
From: Randolph, John C. on behalf of John Randolph
Sent: Thursday, December 03, 2015 1:51 PM
To: 'Lou Roeder'
Subject: Town of Gulf Stream vs O'Hare CE 15-1
Attachments: 201512031345.p df
Dear Mr. Roeder,
In addition to the documents already produced in response to your client's public records request regarding
documentary evidence that the Town may intend to introduce at the hearing on Friday, you have already
received from Bill Thrasher copies of photographs that will be used. I addition, I have, in preparation for the
hearing, come across sections of the Town Code which I may introduce at the hearing. These include
Sections 2-41, 2,42, 66-80, 66-81, 66-145 and 66-174. Copies of these sections are attached.
I have also come across a letter from Bill Thrasher to Mr. O'Hare, dated September 18, 2015, responding to a
letter from Mr. O'Hare dated September 16, 2015. Copies are attached.
I now believe you have in your possession everything I intend to use in the presentation of the Town's case.
Documents which the Town does not have in its possession, nor do I, are the actual permit for the roof and the
sections of the Florida Building Code relevant to this matter. I may also introduce those into evidence.
Please consider this a further response to Mr. O'Hare's public records request. I presume you will get this
information to Mr. O'Hare. If not, please advise so I can forward this information directly to him.
JOHN C. RANDOLPH
JONESFOSTER
_. ___. lnnsroNesrrnnt aa.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolph a ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 wJonesfoster.com
Incoming emails are filtered which may delay receipt. 11tis email is personal to the named rue ipient(s) and may be privileged
and confidential. Tf you ate not the intended recipient, you received this in error. if so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by etnaiI and delete the original message.
Matias, Sally
From: Randolph, John C. on behalf of John Randolph
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
� ni mxron sn'mnav, ra..
Sally Matias Secretary to John C. Randolph, 1-1. Nfichad Easley, and Keith W. ltizzarch
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias jonesfoster.com
Jones, Foster, Johnston & Stubbs, p.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails 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 die intended recipient, you received his in error. If so, any review, dissemination, or copying
of this email is prohibited. Please irmnediately notify us by email and delete the original message.
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 41h 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
pninsxnreasn RKr,L
John C. Randolph Attorney
DirectDi.d: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph(@jonesfo5ter.com
Jones, Foster, Johnston & Stubbs, Y.A.
Flagler Center Tower, 505South Flagler Drive, Suite 1100, West Fahn Beach, Florida 33401
561-659-3000 1 wwwJonesfoster.com
Incoming ernails are filtered which may delay receipt. This etnail is personal to the named recipient(s) and may be privileged
and confidential. Tf 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 notify us by email and delete the original message.
From: Louis Roeder [mallto:lou.roederfalgmail.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
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 iPhone
On Nov 5, 2015, at 1:30 PM, Randolph, John C. <1RandolphQJonesf6ster.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
iniommtistuaes.ra
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolph0jonesfcster,cam
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails are. filtered which may delay receipt. This email is personall 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 notify us by email and delete
the original message.
From: lou.roeder(ftmail.com rmallto:lou.roeder*gmall.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.
IYT71T,'
Louis Roeder
Attorney at Law
Phone: 407-758-4194
Email: lou@louroeder.com
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
—WRD000: > CONFIDENTMITYNOTE: This email message and any attachments may contain confidential, privileged
and non -disclosable information. The information is Intended only for the we of the individual or entity named on this email. If
you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking ofany action
in reliance on the contents ofthla 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 nollfy the sender by return
email Immediately, delete all electronic copies ofthis email and all attachments and destroy all hard copies. Thankyoa
ima e002.'
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
.gnw..nsmsntmu. ns.
John C. Randolph .Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolphrRiionesfosteccom
Jones, Foster, Johnston & Stubbs, P.A.
Fligler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.ionesfoster.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 are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Iou.roeder(&gmail.com [mailto:lou.roederCalomail.coml 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.
Thanks.
Louts Roeder
Attorney at Law
Phone: 407-758.4194
Email; l o u @lou roe d e r. co m
Address: 7414 Sparkling Lake Road, Orlando, FL 32819
MNMENTMLITYNOTE. This email message and any attachments may contain cotifldential, privileged and non -disclosable
information The information is intended only for the use of the individual or entity named on this email. Ifym are not the intended recipient, you are
hereby noted that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this email information, is strictly
prohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental
transmission, please notes the sender by return email immediately, delete all electronic copies ofthis email and all attachments and destroy all hard
copies. Thankyou.
Kelly Avery
From: Bill Thrasher
Sent: Tuesday, January 05, 2016 1:37 PM
To: Rita Taylor
Subject: FW: CE 15-1: Town of Gulf Stream v. Christopher O'Hare & Shelly O'Hare
From: Randolph, John C.[mailto:JRandolph@jonesfoster.com]
Sent: Tuesday, January 5, 2016 12:26 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: FW: CE 15-1: Town of Gulf Stream v. Christopher O'Hare & Shelly O'Hare
JONESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph(@,jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Randolph, John C.
Sent: Tuesday, January 05, 2016 12:26 PM
To: 'Gary Brandenburg'
Cc: Iou(j' louroeder.com
Subject: RE: CE 15-1: Town of Gulf Stream v. Christopher O'Hare & Shelly O'Hare
Absent proof of the necessity for Mr. O'Hare to attend this sale, which appears not to involve Mr. O'Hare's
property but the tangible property of his tenant, the Town objects to this request for a postponement. We would
request a copy of the notice referenced by Mr. Roeder along with an explanation of Mr. O'Hare's interest in this
matter be provided to the Town and the magistrate before any postponement is considered. Thank you.
JONESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 I jrandolph n jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails 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, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Gary Brandenburg[mailto:gary(cbbrandenburapa.coml
Sent: Tuesday, January 05, 2016 9:14 AM
To: Randolph, John C.
Cc: tou4iouroeder.com
Subject: Fwd: CE 15-1: Town of Gulf Stream v. Christopher O'Hare & Shelly O'Hare
Mr. Randolph;
Do you have any comments on Mr.
Roeder's request?
Gary Brandenburg
Sent from my iPhone
Begin forwarded message:
From: Lou Roeder <louna,louroeder.com>
Date: January 4, 2016 at 5:57:15 PM EST
To: Gary Brandenburg <gary(a,brandenburgpa.com>
Cc: "Randolph, John C." <JRandolph(cr7jonesfoster.com>, "Chris O'Hare" <pinegd@eanail.com>
Subject: RE: CE 15-1: Town of Gulf Stream v. Christopher O'Hare & Shelly O'Hare
January 4, 2016
Gary Brandenburg
Town of Gulf Stream Magistrate
Brandenburg & Associates
11891 US Highway One, Suite 100
North Palm Beach, Florida 33408
Mr. Brandenburg,
Just last week Mr. O'Hare received official notice of a petition for sale for the benefit of creditors (per Chap 727 FS) with
regard to his major tenant in a warehouse he owns in Boynton Beach. The sale has been set for 10:00 am, Thursday,
January 14, 2016, the same day and time as as our second hearing on CE 15-1. Just to be clear, Mr. O'Hare had nothing to
do with setting this date; he didn't even know the action was being contemplated.
Mr. O'Hare is eager to continue and finally resolve this code enforcement matter and requests a new hearing date be
scheduled as soon as possible after the presently scheduled hearing date.
As such, we respectfully request that the code enforcement hearing be postponed to a date sometime soon after January 14
2016.
Mr. O'Hare and counsel are available on the following dates are Thursday, Jan 21 OR Thursday, Jan 28.
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
CONFIDENTIALITY NOTE. This email message and any attachments may contain confidential, privileged and non-disclosableinformatio
The information is intended onlyfor the use of the individual or entity named on this entail. Ifyon are not the intended recipient, you are he,
notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this entail information, is strictly
prohibited and that lite documents should be returned to the sender immediately. Ifyou have received this entail in error or by accidental
transmission, please notify the sender by return entail immediately, delete all electronic copies of this entail and all attachments and destroy t
hard copies. Thank you.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 26, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2122 (CE -15-1 communications)
All electronic communication (including but not limited to email, voice mail, text, twitter,
facebook, snapchat, Instagram, social media, online form, dropbox or other media in any method
of transmission including by wire, radio, electromagnetic, photoelectronic or photooptical
system) between any member of the Town of Gulf Stream (see list below of entities identified by
requester to be included in the group he refers to as the Town of Gulf Stream) and any other
member or members of the Town of Gu f Stream or any entity other than members of the Town of
C uj(Stream in any way regarding the action styled Town of Gulf Stream v. Christopher O'Hare,
also known as CE 15-1. (amended 417116 -All electronic communication (including but not limited
to email, voice mail, text, twitter, facebook, snapchat, Instagram, social media, online form,
dropbox or other media in any method of transmission including by wire, radio, electromagnetic,
photoelectronic or photooptical system) between any member of the Town of Gttlf Stream (see list
below of entities identified by requester to be included in the group he refers to as the Town of
Gu f Stream) and any other member or members of the Town of Gulf Stream or any entity other
than me in any way regarding the action styled Town of Gulf
Stream v. Christopher O'Hare, also known as CE 15-1.)
Dear Chris O'Hare [mail to: chrisohareeulfstreamCa),,email.coml,
The Town of Gulf Stream has received your original record requests dated March 3, 2016 and
your amended request dated April 7, 2016. Your original public records request can be found at
the following link: htto://www2.gulf-stream.ore/weblink/O/doc/82563/Pagel.gpx. Please refer
to the referenced number above with any future correspondence.
You will find responsive documents by going to the same above link.
We consider this closed.
Respectfully,
Town Clerk, Custodian of the Records