HomeMy Public PortalAbout09 19 06 MinutesMINUTES OF THE CODE VIOLATIONS HEARING HELD BY THE SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER
19, 2006, 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 10:03 A.M.
C Town Clerk Taylor administered the Oath to Keith Kern and William Thrasher, Town
Manager.
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. CE6-06: Anthony, S. Turner, 2900 Avenue Au Soleil
Dock installed without first obtaining a building permit in violation of Sections 42.26
through 42.28 of the Town of Gulf Stream Code of Ordinances.
Town Manager Thrasher, presented the following exhibits: 1) Correspondence to
Attorney Kern regarding hearing date; 2) Hearing agenda; 3) Statement of Violation and
Notice of Hearing and a signed return receipt of Article 175; 4) Notice of Violation and a
signed return receipt of Article 169; 5) Property Appraiser information showing Mr.
Turner as owner of said property; 6) Photographs of the dock taken on August 25, 2006.
Mr. Turner was represented by Attorney Keith Kern who explained that the homeowner
was out of town and is unable to attend the meeting. He explained that his client hired
contractors to install the dock and secure the appropriate permits. However, a permit was
never applied for. He added that his client is willing to submit the appropriate documents
to obtain a building permit for the dock.
Special Magistrate Donlon asked the Town Manager what he would recommend on
behalf of the Town to adjudicate this matter.
Mr. Thrasher requested that a building permit for a dock, including approvals from the
Department of Environmental Protection and any other required agency be applied for
within 45 days.
Attorney Kern advised that DEP approval is a long process and requested an extension as
long as good faith is shown.
Special Magistrate Donlon noted that proper notice was given and concluded that the
respondent is in violation of Sections 42.26 through 42.28 of the Town of Gulf Stream
Code of Ordinances by failing to obtain a permit for the dock. She ordered that the
respondent shall comply Sections 42.26 through 42.28 of the Town of Gulf Stream Code
of Ordinances no later than November 3, 2006. If the respondent does not comply within
the specified time, a fine of $250.00 per day shall be assessed for each day the violation
continues to exist.
Town of Gulf Stream September 19,2006
Code Enforcement Hearing Page 2
The Special Magistrate reserved ruling as to whether the dock itself is in compliance with
the specifications of the code. She added that she would be setting a date for fine
assessment/status hearing when she has access to her calendar.
Case No. CE7-06; Steven I Rooney. 930 Emerald Row
C Lawn in poor condition with brown patches in violation of Chapter 22, Article II, Section
22-31, Paragraph (4). Dead limbs in fruit tree in Violation of Chapter 22, Article II,
Section 22-31, Paragraph (4). Dead palm fronds against the house causing fire hazard in
Violation of Chapter 22, Article II, Section 22-31, Paragraph (17).
Town Manager Thrasher presented the following exhibits: 1) An affidavit of Notice of
Violation and notice of hearing; 2) Statement of Violation and Notice of Hearing; 3)
Certified mail receipt signed by Mr. Rooney; 4) An incident report taken by Officer
Ginsberg dated June 29, 2006; 5) Property Appraiser information showing Mr. Rooney as
owner of said property; 6) Photographs of the property taken on July 28, 2006.
The homeowner was not present and Mr. Thrasher reported that currently these violations
have been corrected but after the deadline set in the Notice of Violation.
Special Magistrate Donlon noted that the respondent was not present, however, proper
notice was given. She concluded that the respondent was, but is no longer in violation of
C, Chapter 22, Article II, Section 22-31, Paragraph (4), and Chapter 22, Article II, Section
22-31, Paragraph (17), of the Code of Ordinances of the Town of Gulfstream.
The Special Magistrate ordered that the respondent shall continue to comply with
Sections Chapter 22, Article II, Section 22-31, Paragraph (4), and Chapter 22, Article II,
Section 22-31, Paragraph (17), of the Code of Ordinance of the Town of Gulfstream.
Future violations of the cited code sections may constitute in a repeat violation which the
respondent may be fined up to $500.00 per day for each day the violation continue to
exist, starting on the date the Notice of Violation is issued.
There being no other items on the agenda, the Special Magistrate adjourned the meeting
at 10:33 A.M.
e2 F -CI
Yv nne E. Eckert, CMC
De uty Town Clerk