HomeMy Public PortalAbout03 13 03 MinutesMINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL
1 MASTER OF THE TOWN OF GULF STREAM ON THURSDAY, MARCH 13, 2003
AT -10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
Special Master Paulette Torcivia announced that the case being heard is Case No. CE -1-
03, addressing a code violation at 915 Indigo Point, Lot 75 Place An Soleil Subdivision,
Gulf Stream, Florida, that is owned by Carl G. and Patricia E. Brenner. She announced
for the record that the respondents were not present. Attorney Torcivia asked the
Petitioner, Town of Gulf Stream, to present the facts of this case.
Attorney John Randolph, Attorney for the Town of Gulf Stream, presented a copy of the
Statement of Violation and Notice of Hearing along with a return receipt signed by Carl
Brenner on March 4, 2003 at 6:10 P.M. and the Special Master ruled that proper notice
had been given and marked the document(s) as Exhibit #1 for the Town of Gulf Stream.
The violation described in Exhibit #1 is that a motor home is parked on the west side of
this residence in violation of Section 66-416(a)(2) in that the vehicle exceeds the
maximum permitted 8 feet in height and is not fully screened from off premises view.
Attorney Randolph then presented a copy of the first Notice of Violation and a return
receipt dated February 12, 2003 that was also signed by Carl Brenner and accepted as
Exhibit #2 for the Town of Gulf Stream.
A Courtesy Notice dated December 26, 2002 with a copy of Section 66-416(a)(2) of the
Town's Code of Ordinances attached, relating to the parking of vehicles, was presented
in evidence and accepted as Exhibit #3 for the Town of Gulf Stream.
Two photographs taken by Town Manager Thrasher on March 4, 2003, showing the
motor home parked along the side of the house, were presented and marked as Exhibit #4
for the Town of Gulf Stream. Attorney Randolph then asked Town Manager Thrasher to
testify as to the violation.
Mr. Thrasher testified that he had observed the recreational vehicle parked at 915 Indigo
Point in violation of the Code Section previously stated and that the vehicle is more than
8' in height and is not properly screened from off premises view. He further testified that
he had spoken directly to Mr. Brenner in the presence of Chief Ward on January 3, 2003
as a result of the Courtesy Notice Mr. Brenner had received. Mr. Brenner had stated at
that time that Mr. Thrasher had a misunderstanding of this issue in that his motor home
was grandfathered as a result of the Ordinance having been adopted after he had
purchased the vehicle, and he would not be moving the vehicle to another location. Mr.
Thrasher reported that he had observed the motor home in this location off and on since
June 2001 as he tours the area weekly. The vehicle was still parked on March 4, 2003,
when the photos were taken, even though two deadlines for correcting the violations had
passed, January 31, 2003 and February 27, 2003. He further reported that on his tour of
the area March 10, 2003, the motor home was no longer parked at this address.
At being asked by the Special Master what was being recommended, Attorney Randolph
replied that they would like entered, an order of non-compliance with a finding that in the
event the motor home does return, a fine can be imposed from the date of subsequent
non-compliance, forward. Mr. Randolph explained that another reason for requesting this
order, even though the motor home has been moved, is that this vehicle is portable and it
is unknown when it may come back. If there is another violation, we would like to be in
a position to come here as a repeat violation as opposed to an initial violation, he said.
FINDINGS:
Special Master Torcivia found there is violation in this case. Mr. Brenner is to
immediately comply in the event the motor home is back this date. She stated that in hei
Order, she will show the amount set and that should this happen again, it will be a repeat
violation and no less than the amount set by Ordinance will be assessed per day.
Attorney Randolph asked that it be a matter of record that Mr. Brenner had been notified
in advance that since he had moved the motor home from his property, the Town would
not be asking for a fine unless there is a repeat violation.
This concluded the hearing.
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Rita L. Taylor, Towz&erk