HomeMy Public PortalAbout06 23 03 Minutes (Rowan)Code Violation Hearing
June 23, 2003
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MINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL
MASTER OF THE TOWN OF GULF STREAM ON MONDAY, JUNE 23, 2003 AT
10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA
ROAD, GULF STREAM, FLORIDA.
The Special Master administered the Oath to Town Manager Thrasher and Town Clerk
Taylor.
Special Master Paulette Torcivia announced that the case being heard is Case No. CE -3-
03, addressing a code violation at 935 Emerald Row, Lot 62 Place Au Soleil Subdivision,
Gulf Stream, Florida that is owned by Michael & Susan Rowan. 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.
Town Manager Thrasher, for the Town of Gulf Stream, presented a copy of the Statement
of Violation and Notice of Hearing, six pages which includes a signed receipt and police
report stating that this was delivered on June 19, 2003 at 11:20 A.M. to Michael Rowan
by Officer Ginsberg. Attorney Torcivia noted that there was no Return Receipt from the
U.S. Postal Service even though there is a stub showing the mailing date as 6-6-03. The
Town Clerk explained that the Rowan's are out of the country much of the time but that
their mail is either forwarded or handled by others locally as evidenced by the fact that
their water bills get paid and they are sent to the local address. She further explained that
due to no receipt being received, she left a message on their voice mail on June 17, 2003
advising that they should call her at once regarding the Hearing being held on June 23,
2003. Mr. Rowland returned the call on June 19, 2003 and the notice was hand delivered
to him, in Gulf Stream, immediately. 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 boat lift has been installed without a permit
being applied for in violation of Section 66-101 which provides no structure shall be
constructed prior to issuance of a building permit by the planning and building
administrator.
Attorney Torcivia asked if there is a verification of ownership from the property
appraiser. The Town Manager presented the requested document and the Special Master
marked it as Exhibit #2 for the Town of Gulf Stream.
Mr. Thrasher next presented the Notice of Violation with two photos of the violation, the
return receipt signed by Michael Rowan and postmarked February 20, 2003 and a copy of
a courtesy notice of violation that was sent on November 8, 2002. The Town Manager
pointed out the hand written note on the Notice of Violation wherein Mr. Rowan stated
he was selecting a contractor from the list furnished by the Town Hall and expected the
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Code Violation Hearing
June 23, 2003
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work to correct the violations would commence within 7 days from March 4, 2003.
These five pages were accepted and marked as Exhibit #3 for the Town of Gulf Stream.
When asked by the Special Master what was being recommended, Town Manager
Thrasher replied that the Town would like entered, an order of non-compliance with a
deadline of July 3, 2003 to either remove the structures or apply for a building permit to
construct them as provided by the Code of Ordinances of the Town of Gulf Stream, with
a fine of $250.00 per day to be assessed after July 3, 2003 until the violations are
corrected.
FINDINGS:
Special Master Torcivia found there is a violation in this case and stated that Mr. Rowan
is to comply by July 3, 2003. Failing to do so will result in a fine of $250.00 per day for
each day the violation continues.
This concluded the hearing of Case No. CE 3-03 and the Special Master adjourned the
hearing at 10:20 A.M.
Rita L. Taylor, Town lerk