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
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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
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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