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HomeMy Public PortalAbout05 13 09 MinutesMINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON THURSDAY, MAY 13, 2009, AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Magistrate Lara Donlon called the hearing to order at 10:04 A.M. The Magistrate administered the Oath to William Thrasher, Town Manager and Charles V. Sununu. The Special Magistrate instructed that the Town would first present their case and then the defendant could present his case with cross-examining to follow, if so desired. Case No. CE2-08: Charles V. Sununu, 820 Canary Walk REPEAT VIOLATION -Stagnant water in swimming pool in violation of Article II, Section 22- 31 Paragraph (11) and (15) of the Gulf Stream Code of Ordinances. Town Manager Thrasher explained that this is a repeat violation of the original violation cited under CE2-08. He further explained that a fine was assessed and the violation finally corrected. Mr. Thrasher noted that the fine had not been paid and a lien was filed against the property with interest accumulating. He added that the daily fine of $25.00 per day was discontinued when the violation was corrected but that the interest is still accumulating. Mr. Sununu was surprised, stating that he was unaware of the matter of the interest. At this time he was shown a letter the Town had sent to him advising of this. Mr. Sununu asked for a copy and was assured he would be receiving a copy. Town Manager Thrasher presented the following exhibits: 1) Statement of Repeat Violation and Notice of Hearing; 2) Section 22-31(11)&15) of the Gulf Stream Code of Ordinances ; 3) Special Magistrates prior Order Assessing Fine on Case No. CEI -06 dated May 9, 2006; 4) Printout from Palm Beach Property Appraiser showing Mr. Sununu as the property owner; 5) Photos of stagnant pool taken on June 14, 2008; 6) Photos of the still stagnant pool taken on April 10, 2009; 7) Signed Return Receipt #127 for hand delivered notice along with Police Incident Report #09-0659 showing Officer Tim Littieri delivered notice at 1800 hrs. on 4-9-09. The photos were shown to Mr. Sununu and he acknowledged it is his pool in the photos. Special Magistrate Donlon asked Mr. Sununu to present his comments. Mr. Sununu stated he had been trying to get a settlement from his insurance company for several years to cover hurricane damages. He reported that on January 5, 2009 his attorney and the insurance company came to an agreement which was finalized at the end of February 2009. He further reported that had has been ill ever since that time. Mr. Sununu advised that he had a proposal from a pool company but they had told him they could not repair the pool until the roof was repaired because the roof is so close to the pool. He further advised that the insurance company will send the money directly to the contractor so they will not commence until they receive an advance payment. Mr. Sununu stated that the pipes in the yard are not from the pool but are part of a solar system that was on the roof some time ago. He stated that after he had the pumped replaced it quit running again and he did not have the money to have it repaired, but the Town of Gulf Stream May 7, 2009 Code Enforcement Hearing Page 2 Cproposal he now has includes a new pump and refinishing the entire pool. He added that he had trimmed all of the overgrown bushes. The Special Magistrate asked Mr. Thrasher if he had any questions to which he replied that he did. He then asked to review the documents and proposals to which Mr. Sununu referred. He then asked Mr. Sununu to point out on the $4,000 proposal where a new pump is listed. He advised that the pump is in the skimmer. Mr. Thrasher called attention to a letter from Citizens Insurance date January 5, 2009 stating that that a check in the amount of $39,912.49 had been forwarded to him. Mr. Sununu stated that one third of that went to his attorney, $8,000 plus toward his mortgage and the remainder to his medical bills. He further stated that there was an additional $21,000 that will come through a process known as "Law and Ordinance" which will be distributed directly to venders by Citizens Insurance to cover repairs. Mr. Thrasher asked Mr. Sununu if it would be possible to repair the pool first since it presents an immediate health and safety problem to both Mr. Sununu and the neighbors. Mr. Sununu replied that it is possible, but he will have to submit the proposal to Citizens to start the process. Mr. Thrasher requested that Mr. Sununu be allowed a maximum of 30 days to bring the pool into compliance which includes fencing around the pool and that failing to do so, be assessed a fine of $250.00 per day for each day after the 30 days. The Special Magistrate remarked that she did not see any mention of fencing in the violation so therefore would not be including that in her C; order. However, she pointed out that the fencing requirement is a state requirement and that should be corrected immediately. She advised Mr. Sununu that if the fence is not installed, the Town can immediately issue another Notice of Violation which she would be willing to hear in a very short time. Special Magistrate Donlon found that proper notice was given and remarked that this is a repeat violation and as such she usually immediately assesses fines. However, in this case, she will honor the request of the Town and ordered compliance by June 7, 2009, with a fine of $250.00 per day to commence on June 7, 2009 until compliance is accomplished. She advised Mr. Sununu that she could charge up to $500.00 per day since this is a repeat violation. Case No. CE3-09: Charles Sununu, 820 Canary Walk Porch roof decayed, in a poor state of repair and entire roof needs to be cleaned and repainted in violation of Section 22-31(7), Section 22-32(7) and Section 22-32(5). Town Manager Thrasher presented the following exhibits: 1) Statement of Violation and Notice of Hearing; 2) Sections 22-31(7), 22-32(7) and 22-32(5); 3) Composite photos of roof dated June 14, 2008; 4) Printout from Palm Beach County Property Appraiser Office showing Mr. Sununu as the property owner; 5) Signed Return Receipt of Hand Delivered Article No. 127 along with Police Incident Report Case #09-0659 covering the delivery made at 1800 hours on April 9, 2009; 6) Letter of January 5, 2009 from Citizens Insurance confirming claim payment of $37,912.49 and an additional $21,120.48 due when work is completed; 7) Proposal from Allied Roofing & Sheet Metal, Inc. covering roof repairs of $7,177.50 dated May 2, 2009. The Special Magistrate asked Mr. Sununu if he had any information as to how long it would be for Citizens Insurance to send the check to the vender after they received the proposal. He replied that he did not have this information. Mr. Sununu advised that the patio would be Town of Gulf Stream May 7, 2009 Code Enforcement Hearing Page 3 replaced and the remainder of the roof just repaired, all of which is estimated to take one week after the check is received. He further advised that he had a proposal to have the roof cleaned and repainted after the repairs are made. Mr. Thrasher asked Mr. Sununu if he had signed a contract with Allied Roofing to which he replied that he had not. He stated that he would not be doing this until Citizens sent the check because he did not want to be responsible to pay Allied unless he received the insurance payment. He also said that in his own mind he will use Allied for the work if the money is received. Town Manager Thrasher requested that Mr. Sununu be given 30 days to complete the work on the roof, which includes the cleaning and painting of the entire roof and that he be provided a copy of a letter from Citizens Insurance advising that the check had been sent to Allied Roofing within 48 hours after it has been received. Mr. Thrasher further requested that if the work is not completed by June 7, 2009, a fine of $100.00 per day be assessed until such time as compliance has been achieved. Special Magistrate Donlon found that proper notice was given and ordered that the roof repairs be completed within 30 days and that the Town receive a copy of the confirmation from Citizens Insurance that the check had been sent to Allied Roofing within 48 hours of receiving the confirmation. She further ordered that if Mr. Sununu fails to comply by June 13, 2009, a fine assessment hearing will be held before the Special Magistrate on a date and time to be determined and a fine of $100.00 per day shall be assessed for each day the violation continues to exist. There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:45 A.M. 2h K7 Rita L. Taylor Town Clerk