HomeMy Public PortalAbout04 16 09 (Bazarte)C' MINUTES OF THE CODE ENFORCEMENT HEARING HELD BY THE SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, APRIL 16, 2009,
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 10:00 A.M.
The Magistrate administered the Oath to William Thrasher, Town Manager and Richard Lavoie.
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.
REPEAT VIOLATION -Deteriorating and unsightly lawn in violation of Section 22-31(4) of the
Gulf Stream Code of Ordinances and swimming pool not properly screened in violation of
Section 42-26 of the Gulf Stream Code of Ordinances adopting State Building Code by reference
Section R4104.17 (temporary barrier collapsed).
Mr. Thrasher explained that these are repeat violations of the original violations cited under
CE2-05 and CE3-05. He presented the following exhibits: 1) Statement of Repeat Violation and
Notice of Hearing and a certified US mail receipt; 2) Composite photographs of the dead grass
and pool taken 3/17/08; 3) Sections. 22-31 and 42-26 of Town of Gulf Stream Code of
Ordinance and Section R4101.17 of State of FL Building Code; 4) Unclaimed certified mailed
addressed to Mr. Lavoie; 5) Affidavit signed by the Town Clerk; 6) Incident report dated 3/17/09
indicating the property is neglected; 7) Incident report dated 4/2/09 of return receipt signed by
Mr. Lavoie; 8) Orders Finding Violation from Case Nos. CE2-05, CE2-06, CE3-05 and CE5-06;
9) Printout from Palm Beach County Property Appraiser showing Mr. Lavoie as the property
owner;
The Magistrate asked if Mr. Lavoie had any comments.
Mr. Lavoie explained that he is a full time resident of Gulf Stream but was out of the country
from 3/17/09 to 4/1/09. He stated that when he returned home he saw the Notice of Violation
posted in front of his door, which he removed. He stated that he was not irrigating his lawn
regularly because of the Town's water restrictions. He added that he installed a new sprinkler
system but his water bills were very expensive so he doesn't use it, but waters by hand. Mr.
Lavoie stated that his screen enclosure was destroyed several years ago during a hurricane and a
temporary orange contractors fence was installed. He stated that because he was out of town, the
weeds had grown around the fence and it had collapsed.
Special Magistrate Donlon asked the Town Manager what he would recommend on behalf of the
Town to adjudicate this matter.
Mr. Thrasher stated that because the home owner is away, he should not be relieved or
exonerated from the responsibility or upkeep and care of his property. He added that this is a
C� repeat violation and he requested that a fine of $500.00 per day be assessed from 4/2/09 until the
pool enclosure is replaced.
Town of Gulf Stream April 16, 2009
Code Enforcement Hearing Page 2
CMagistrate Donlon ordered that a fine of five -hundred -dollars ($500.00) per day shall be
assessed beginning April 2, 2009, in accordance with Sections 22-31(4) and 42-26 of the Code of
Ordinances of the Town of Gulf Stream for each day the violation continues to exist. Upon
compliance, it is the responsibility of the Respondent to notify the Gulf Stream Code
Enforcement Clerk at 561-276-5116 to request a reinspection of the property.
Case No. CE 2-09; Richard Lavoie, 2775 Avenue Au Soleil
Stagnant water in swimming pool in violation of Article II, Section 22-31, Paragraph (15) of the
Gulf Stream Code of Ordinances.
Town Manager Thrasher explained that the hearing is concerning stagnant water in the
swimming pool. He presented the following exhibits: 1) Statement of Violation and Notice of
Hearing ; 2) Section 22-31 (15) of Town of Gulf Stream Code of Ordinance; 3) Certified mail
signed by Mr. Lavoie; 4) Return receipt signed by Mr. Lavoie; 5) Composite photographs of the
dead grass and pool taken 3/17/08; 6) Incident report dated 4/2/09 of delivery of Article #125
signed by Mr. Lavoie; 7) Hand delivered Notice of Violation dated 3/20/2009; 8) Incident
report dated 3/17/09 stating property is neglected; 9) Printout from Palm Beach County
Property Appraiser showing Mr. Lavoie as the property owner.
He stated that since his return, he has installed a new pool pump and added several pounds of
Cshock to the pool, which is now clear.
Special Magistrate Donlon asked if anyone from the Town had seen the pool since it has been
cleaned.
The Town Manager stated that no one had seen the pool.
The Magistrate ruled that pool has met compliance and shall continue to comply with Section
22-31(15) of the Gulf Stream Town Code of Ordinances.
Magistrate Donlon added that future violation of the aforementioned Code Sections may be
considered a repeat violation for which a fine of up to five -hundred -dollars ($500.00) per day
may be imposed beginning on the date the violation begins.
There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:55
A.M.
�) Y nne E. Eckert, CMC
D piity Town Clerk