HomeMy Public PortalAbout07 31 07 MinutesMINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, JULY 31, 2007, AT
10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA
ROAD, GULF STREAM, FLORIDA.
Special Magistrate Laza Donlon called the hearing to order at 10:04 A.M.
The Magistrate administered the Oath to William Thrasher, Town Manager, Officer David
Ginsberg, Rita Taylor, Town Clerk and Herbert Schaffer.
The Special Magistrate instructed that the Town would first present their case and then the
defendant could present his case and cross-examine if, so desired.
Case No. CE4-07; Herbert Schaffer, 2765 Cardinal Circle
Failed to remove the remaining portion of a dead tree in violation of Section 22-31(4) of the Gulf
stream Code of Ordinances.
Town Manager Thrasher explained that the hearing is concerning a dead ficus tree at the above
address. He presented the following exhibits: 1) Photograph of the tree taken 7/31/2007; 2)
Photograph of the tree taken 10/25/2006; 3) Printout from Palm Beach County Property
Appraiser showing Mr. Schaffer as the property owner; 4) Notice of Violation dated 2/21/2007;
5) Police report indicating delivery of Notice of Violation on 2/21/2007; 6) Survey and police
report dated 2/22/2007 showing photographs of the tree; 7) Letter and invoice from O'Brien,
Suiter & O'Brien, Land Surveyors, indicating the location of the tree and the amount the town
paid for the survey; 8) Police report showing delivery of Article 196 on 5/18/2007; 9) Notes
written by the town manager pointing out that Mr. Schaffer came to the town hall on 5/18/2007
and gave him a letter and then told him that "I'll see you in court"; 10) Letter received from Mr.
Schaffer on 5/18/2007 which states "Since I have remove over seventy percent of the mass of the
tree at my own cost and since you want the tree removed, the town can pay for its removal. I
feel that I should be reimbursed for trimming the tree for the past thirty years. I will submit bill
for reasonable care of two trimmings per year with a 20-80 split'; 11) Police report dated
6/22/2007 showing delivery of Article 197; 12) Statement of Notice of Violation hearing; 13)
Police report showing delivery of Article 198 on 7/11/2007; 14) Article from Iowa State
University Extension Forestry explaining tree trunks; 15) Data sheet/resume for C. Way Hoyt,
Arborist; 16) Letter from Mr. Hoyt regarding the dead ficus. Mr. Thrasher read a portion of Mr.
Hoyt's letter into the record.
Special Magistrate Donlon asked the Town Manager what he would recommend on behalf of the
C' Town to adjudicate this matter.
Mr. Thrasher requested the removal of the tree within (7) seven working days by a licensed tree
removal contractor and a fine of $250.00 per day assessed after the seven-day period. He added
that the town would share the cost of removal of the tree with Mr. Schaffer 50/50 as
recommended by Mr. Hoyt.
The Magistrate asked if seven days is enough time to acquire bids and remove the tree. She then
questioned if town had a procurement procedure for obtaining bids.
Town of Gulf Stream July 31, 2007
Code Enforcement Hearing Page 2
CThe town manager confirmed that seven days would be enough time to complete task.
The Special Magistrate asked Mr. Schaffer to respond regarding the violations.
Mr. Schaffer requested copies of the exhibits the town manager presented to the Special
C Magistrate and asked if the town manager went on to his property to take the photographs he
presented. He added that if he did so, he would file a legal charge against him. He explained
that when he purchased the lot in the early 70's, the ficus tree was existing and over the years,
the tree grew onto his property. He stated that he asked the developer, Mr. Reed, if the he could
remove the tree and was told no, as it is a part of the treescape, but that he could maintain it. He
stated the tree started dying over the past years and he has removed over 80% of the mass, at his
own expense. Mr. Schaffer stated that that he has maintained the tree for the past 30 years and
believes the town should remove the dying tree at no cost to him. He presented the following
exhibits: 1) Photograph of the lot; 2) Photograph of a ficus tree across the street from his
property that he said was planted at the same time as the tree in question; 3) Photograph of the
dead ficus tree. He advised that the town could come onto his property to maintain the tree as
long as he is notified.
Special Magistrate Donlon advised Mr. Schaffer that the town would provide copies of the
exhibits. She asked if the town has any landscaping plans for the development.
C Town Clerk Taylor stated that she has not seen any landscaping plan but there is a plat of the
subdivision. She added that she is not sure if a landscaping plan was required back then.
The town manager advised that the town does not have any developer's agreement. He believed
that Mr. Schaffer assumed responsibility and maintained the tree, thus it is his tree and he should
bear the full cost of the removal. Mr. Thrasher believes that the portion of the mass that was
removed caused the tree to die. He stated that he did not go onto Mr. Schaffer's property to take
the photographs and he asked if the persons who removed the mass of the tree of were licensed.
Mr. Schaffer stated that he removed the mass himself with help from local gardeners. He was
not sure if they were licensed.
The Magistrate explained that normally she would make a ruling from the bench. However, she
needs to do more legal research on the subject and reserved ruling on the case until further
notice.
There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:55
A.M.
Y nne E. Eckert, CMC
Deputy Town Clerk