HomeMy Public PortalAbout03 28 06 MinutesC MINUTES OF THE CODE VIOLATIONS HEARING HELD BY THE SPECIAL
MASTER OF THE TOWN OF GULF STREAM ON TUESDAY, MARCH 28, 2006,
AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
Special Master Lara Donlon called the hearing to order at 10:00 A.M. and administered
the Oath to Charles Sununu, Richard Lavoie, Nicholas Coon and William Thrasher,
Town Manager. She instructed that the Town would first present their case and then the
defendants could present their case and cross-examine if, so desired.
Case No. CE1-06; Charles Sununu, 820 Canary Walk
Violation of Ordinance No. 04/4, Article 11, Section 22-31, Paragraph (15), Article H,
Section 22-31, Paragraphs (4) & (17), Article H, Section 22-32, Paragraph (7) and Code
of Ordinances Section 42-26, adopting State Building Code by reference -Florida
Building Code 2004, Section R4101.17.
William Thrasher, the Town Manager, presented the following exhibits: 1) A copy of an
incident report verifying delivery of Article 158 and the return receipt showing the report
was received on March 9, 2006, by Mr. Sununu. 2) A copy of Section 42-26, Adoption of
codes by reference; 3) A copy of Ordinance No. 04/4; 4) A Notice of Violation dated
February 16, 2006, with a signed return receipt; 5) Photographs of the property taken on
February 14, 2006, and verified by Officer Ginsberg; 6) Proof of ownership from the
Palm Beach County Property Appraiser; 7) Pictures of the property taken on March 27,
2006 by the Town Manager.
Mr. Thrasher explained that there is stagnant water in the swimming pool and there are
dead trees and shrubs on the property, which could be a fire hazard. He added that the
screen enclosure is scattered about and pursuant to the state building code, a swimming
pool barrier is required. Mr. Sununu's pool screen enclosure collapsed from the previous
hurricane and a temporary or permanent barrier has not been put in place.
Mr. Sununu verified his signature on the exhibits and the composite photographs of his
property. He had no objections to any of them.
The Special Master asked Mr. Sununu to respond regarding these violations.
Mr. Sununu stated that the shrubs have been removed and he is in the process of
contracting with Summerland Pools to drain, remarcite the pool and install a temporary
pool barrier. However, he stated that he submitted his claim for the damages from the
previous hurricanes to his insurance company and they have certain restrictive
requirements and have been slow in reimbursing him.
Special Master Donlon asked Mr. Thrashser what he would recommend on behalf of the
Town to adjudicate this matter. Mr. Thrasher stated the Town would like a temporary
pool barrier to be installed and the scattered aluminum removed within ten (10) working
Town of Gulf Stream
Code Enforcement Hearing
March 28, 2006
Page 2
days, and the swimming pool to be in working order within thirty (30), days from March
28, 2006, or a fine of up to $250 per day be assessed.
Special Master Donlon ordered that the pool be drained, a temporary pool barrier
installed and the scattered aluminum removed within ten (10) working days and the
swimming pool shall be in working order by the 9`h day of May 2006 or a fine of up to
$250 per day may be assessed.
Case No. CE2-06; Richard Lavoie, 2775 Avenue Au Soleil
Violation of Ordinance No. 04/4, Article 11, Section 22-31, Paragraph (15), Article H,
Section 22-31, Paragraphs (4) & (17), Article 11, Section 22-32, Paragraph (7) and Code
of Ordinances Section 42-26, adopting State Building Code by reference -Florida
Building Code 2004, Section R4101.17.
William Thrasher, the Town Manager, presented the following exhibits: 1) A copy of an
incident report verifying delivery of Article 157 and the return receipt showing the report
was received on March 9, 2006, by Mr. Lavoie; 2) An unclaimed Notice of Violation
dated February 15, 2006; 3) An incident report taken by Officer Ginsberg on January 24,
2006; 4) Photographs of the property taken on February 14, 2006, and verified by Officer
Ginsberg; 5) An unclaimed Notice of Violation dated December 2, 2005; 6) Proof of
ownership from the Palm Beach County Property Appraiser; 7) Pictures of the property
= taken on March 26, 2006 by the Town Manager.
Mr. Thrasher explained that there are standing dead trees on the property, which is a fire
hazard. He added that the screen enclosure is scattered about and pursuant to the state
building code, a swimming pool barrier is required. Mr. Lavoie pool screen enclosure
collapsed from the previous hurricane and a temporary or permanent barrier have not
been put in place.
Mr. Lavoie verified his signature on the exhibits and the photographs of his property. He
had no objections to any of them.
The Special Master asked Mr. Lavoie to respond regarding these violations.
Mr. Lavoie stated that he does not make his permanent residence in Gulf Stream and has
been away since May 2005. He advised that he had been ill unable to care for the
property. Mr. Lavoie stated the he is cleaning up the property and apologize to the town
for condition. He stated that he is in the process of installing a temporary pool fence and
would be applying for a permanent fence permit shortly.
Special Master Donlon asked Mr. Thrashser what he would recommend on behalf of the
Town to adjudicate this matter. Mr. Thrasher stated the Town would like the aluminum
removed and a temporary pool barrier installed within ten (10) working days from March
Town of Gulf Stream
Code Enforcement Hearing
March 28, 2006
Page 3
28, 2006, or a fine of up to $250 per day be assessed. He added that a permit for a
permanent fence has to be applied for and approved by the town.
Special Master Donlon ordered that a temporary pool barrier to be installed and the
scattered aluminum removed by the 1 Ph day April 2006, or a fine of up to $250 per day
maybe assessed.
Case No. CE3-06; Paul C. Condon & Nicholas R. Coon, 4110 County Road.
Violation of Ordinances No. 04/4, Article II, Section 22-32, Paragraph (7), Article II,
Section 22-31, Paragraphs (15) and Article II, Section 22-31, Paragraph (2) & (8).
The Town Manager, presented the following exhibits: 1) An affidavit stating that a
Notice of Violation has been posted at the town hall and on the property; 2) A copy of
statement of violation and notice of hearing; 3) Photographs of the property taken on
March 3, 2006; 4) An incident report taken by Officer Ginsberg on February 7, 2006; 5)
A certified letter and photographs to Mr. Condon and Mr. Coon; 6) Copy of Ordinance
No. 04/4; 7) Proof of ownership from the Palm Beach County Property Appraiser.
Mr. Thrasher explained that the fence across the front and along the side of the property
is in disrepair, there is stagnant water in the pool and there are rank vines covering all the
plantings and may conceal pools of water, trash or filth providing a harborage for rats and
other vermin.
Mr. Coon could not verify the signature on exhibit 5 but he acknowledged photographs of
his property. He had no objections to any of them.
The Special Master asked Mr. Coon to respond regarding these violations.
Mr. Coon stated that he does not reside in Gulf Stream and he cannot be sure that his
landscaping company takes care of the property. Mr. Coon stated that the property is
cleaned up and apologize to the town for the condition. He stated that his landscape
company would maintain the property biweekly.
Special Master Donlon asked Mr. Thrasher what he would recommend on behalf of the
Town to adjudicate this matter. Mr. Thrasher stated that the violations have since been
corrected but if there is a repeat violation, a fine of up to $500 per day be assessed.
Special Master Donjon ordered that if the respondent fails to comply with the
aforementioned code sections in future, a fine of up to $500 per day may be assessed.
There being no other items on the agenda, the Special Master adjourned the meeting at
10:50 A.M.
Town of Gulf Stream
Code Enforcement Hearing
March 28, 2006
qp��2, ef'�7
Yv ne E. Eckert, Deputy Town Clerk
Page 4