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HomeMy Public PortalAbout04 25 05 MinutesMINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON MONDAY, APRIL 25, 2005 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, Gordon W. Sellar, Bianca Bellar, Town Manager William Thrasher, Police Chief Garrett Ward and Town Clerk Rita Taylor. The Special Master, Lara Donlon, announced that the first -case being heard in Case No. 1-05, Failure to Comply with an order issued at the violation hearing held on March 31, 2005. Town Manager Thrasher reported that Mr. Sununu, owner of the property at 820 Canary Walk had replaced the sod on the lawn at this address within the time frame directed but failed to have the irrigation system in operation. He added that Mr. Sununu did have the system operational on Saturday, April 23, 2005 as witnessed by Police Chief Garrett Ward who was present at the hearing. Mr. Thrasher requested that no fine be assessed in as much as the violation has been corrected. Mr. Sununu, being called by the Special Master to speak, explained that the pump on his system did not work, they replaced it with another which also did not work and then found the problem was only a bad fuse. He offered this explanation for not finishing the work on schedule. The Special Master found that Mr. Sununu was not in compliance on time but did not assess a fine for the days of non-compliance as was requested 1 by the Town. Ms. Donlon remiidedithat should should the lawn be allowed �. to deteriorate again it will be considered a repeat violation and the Town will be in a position to immediately assess:fines for every day the violation continues. Case No. CE2-05, continued from the Hearing held March 31, 2005, citing Richard Lavoie for a deteriorating lawn in violation of Town of Gulf Stream Ordinance No. 04/4, Article II, Section 2-31(4) at his residence at 2775 Avenue Au Soleil, was called by the Special Master. Town Manager Thrasher presented the following documents which were marked as Town Exhibits by the Special Master: f 1, Statement of Violation and Notice of Hearing; #2, Notice of Violation dated December 22, 2004 and proof of delivery on December 28, 2004; #3, copy of Courtesy Notice dated October 12, 2004 and proof of ownership of property; #4 and #5, photographs of the property in violation dated March 9, 2005 taken by Mr. Thrasher. The Special Master found that proper notice had been given and Mr. Lavoie acknowledged that the photos were of his property. Mr. Thrasher advised that Mr. Lavoie has installed new sod and has repaired the irrigation system. Police Chief Ward had witnessed the system in operation on Saturday, April 23, 2005. On being asked by the Special Master as to why it took so long for -him to comply, Mr. Lavoie stated that he traveled a lot and had not been available for long periods. Ms. Donlon reminded that property must be maintained in compliance with all Town Codes regardless of residency and being out of town is not an excuse for poor property maintenance. Mr. Lavoie stated that he had the sod laid on April 15, 2005 and completed the irrigation system on Saturday, April 23, 2005. .Code Violation Hearing April 25, 2005 page 2 On being asked by the Special Master what the Town would recommend, Mr. C Thrasher requested that Mr. Lavoie be found in non-compliance originally in order that the Town would be in a position to commence fines immediately in the event there is a repeat violation. Special Master Donlon found that Mr. Lavoie was in violation of Section 22-31(4) of the Code of Ordinances of the Town until April 15, 2005 and is at this time in compliance. She ordered that Richard Lavoie continue to comply and reminded that if this violation is repeated, the Town would be in a position to immediately assess a daily fine of up to $500.00 for every day of non-conpliance. The final item on the agenda, the Status of a Violation at 800 Tangerine Way owned by Gordon and Bianca Bellar, was announced by the Special Master. Town Manager Thrasher presented a copy of a letter dated April 6, 2005 and a copy of the Certified Mail Receipt. This was a Notice of Violation of Ordinance No. 04/4 Article II, Section 22-31 citing an unsightly lawn with dead or dying grass. He also presented a copy of the Notice of Status Hearing that is currently being held along with a signed receipt that the notice had been hand delivered. Mr. Thrasher stated that after the Notice of Violation had been received, he had been requested by Mr. & Mrs. Bellar to meet with them at their home, which he did immediately. He further stated that he was met with a very uncooperative attitude and was informed that Mr. & Mrs. Bellar would be leaving very soon for California and would not return for 6 months, and that they did not intend to address this issue. It was at this- point that he sent Cj the Notice of Status Hearing. Mr. Thrasher then displayed a photo of the violation, adding that Mr. Bellar had stated that sod would not live in this area because of the neighbors Australian pine trees overhanging his property. However, Mr. Thrasher noted that the neighbor has growing sod on his property, also under the Australian pine trees, and presented a photograph of this taken by Chief Ward on April 22, 2005. He then explained that sometime after his visit to the site, mulch had been placed over the entire area that is in violation and presented a picture of that area taken by Chief Ward also on April 22, 2005. He then presented proof of ownership of the property. The documents presented were numbered Town Exhibits 11 through #6 in the same order as mentioned in this paragraph. Special Master Donlon stated she would not be making a &ciaionin this case today as there is still time remaining of the 30 day Notice of Violation during which compliance could be achieved. She then asked Mr. & Mrs. Bellar to reply to the status of this matter. Mr. & Mrs. Bellar both spoke and stated that they did not sign the Certified Mail Receipt for the notice but did acknowledge they did receive the notice in their mail box and the officer did deliver the notice of todays hearing. They did not believe they are in violation of Section 22-31 in that there never was any grass in the area in question and the section in the Ordinance refers to "dead and/or dying grass". They displayed photos of the property before they owned it and current i photos, pointing out that they had made so many improvements that they did not feel it was fair to pursue this issue. They believed the mulch they placed on the open area to be sufficient. Town Manager Thrasher stated that when he met with Mr. & Mrs. Bellar at their home, he had suggested, if they did not want sod in the area, that Code Violation Hearing -April 25, 2005 page 3 they make a sketch of what plantings they would like to place in the area and then have mulch on the ground. He noted that they had mentioned that they mould like to have some fruit trees in this area and he had replied this would most likely be acceptable and once again suggested they make a sketch for his review. He considered the mulch, without any landscape material in place, as not acceptable. Mr. Bellar stated he had found there are no fruit trees being sold due to the citrus canker and advised he has been in poor health the past year and he and his wife are unable to cope with this added stress. The Special Master repeated that she would not be making a decision at this meeting and urged that Mr. & Mrs. Bellar meet with the Town Manager and work out some solution to this matter before the 30 day period has expired. She advised that if in the future she should find them in violation, serious fines could be assessed for as much as $250.00 per day. There being no other items on the agenda, Special Master Donlon adjourned the hearing at 11:00 A.M. /CJ Rita L. Tay or Town Clerk