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HomeMy Public PortalAbout10 23 07 MinutesMINUTES OF THE CODE ENFORCEMENT HEARING HELD BY THE SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, OCTOBER 23, 2007, 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 10:10 A.M. The Magistrate administered the Oath to William Thrasher, Town Manager, Officer David Ginsberg, Yvonne Eckert, Deputy Town Clerk and Herbert Schaffer. 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. Case No. CE4-07; Herbert Schaffer, 2765 Cardinal Circle Failure to comply with order of Special Magistrate. Debris from dead tree not removed by September 5, 2007, as ordered. Town Manager Thrasher presented the following exhibits: 1) Letter of non-compliance and notice of fine assessment; 2) Photographs of debris taken 8/27/07; 3) Letter dated 8/29/2007; 4) Photographs taken 9/07/2007; 5) Certified letter dated 9/11/2007; 6) Photographs taken on 9/11/07; 7) Correspondence from Mr. Schaffer indicating that the violation has been corrected; 8) Notice of hearing and certified notice dated 10/08/07; 9) Certified letter marked refused; 10) Photographs taken on 10/22/07; 11) Photographs taken 10/23/07, showing the violation still C exist. Mr. Thrasher stated that the town believes Mr. Schaffer has failed to comply with the order of the Special Magistrate and that the condition continues to exist with debris material around the stump. He is requesting that accumulation of fines be established and, effective immediately, the fines be increased to $50 per day. Mr. Thrasher asked if Mr. Schaffer would like to see any of the photographs he presented. The Special Magistrate asked Mr. Schaffer to direct his comments to her and respond regarding the violations. Mr. Schaffer declined to view the photographs the Town Manager presented but requested copies of the exhibits the town manager presented to the Special Magistrate. He explained that he has cleared 70% of the debris off the easement the excess material are logs which he intends to use for firewood. He advised that the logs are stored and covered with a blue tarp on his property. Mr. Schaffer stated he has made a reasonable effort to remove the debris but the town does not have a definitive policy on storing items. Mr. Schaffer asked if the town manager went onto his property to take the photographs The Special Master asked Mr. Thrasher and Officer Ginsberg if either one entered Mr. Schaffer's property to take the photographs. They both responded that they did not go on Mr. Schaffer's property. Officer Ginsberg clarified that neither he nor the Town Manager or any Gulf Stream police officers entered Mr. Schaffer's property to take the photographs. He added that since the last hearing, the amount of debris that was photographed has not been moved from the present location. Town of Gulf Stream October 23, 2007 Code Enforcement Hearing Page 2 Special Master Donlon asked the Town Manager if the items stored under the blue tarp is an acceptable method of storage. Town Manager Thrasher stated that in the present location he does not believe the items are properly stored under the blue tarp and could attract rodents. C% Mr. Schaffer asked if the Town Manager recalled testifying under oath at a previous meeting that he did go onto his property. He added that he is pressing legal charges against the Town Manager. Mr. Thrasher stated that at no time did he ever enter Mr. Schaffer's property and he did not make any statement to that effect. He asked for a copy of the police report. Mr. Schaffer stated that he wanted a copy of all exhibits and a copy of the transcripts if there is one. Town Clerk Taylor asked that Mr. Schaffer make an official records request in writing and the Special Magistrate so directed. The Magistrate explained that normally she would make a ruling from the bench. However, she needs to do more legal research on the subject and reserved ruling on the case until further notice. She requested that staff provide her with the code section that relates to storing items. C' She asked that copies be sent to Mr. Schaffer as well. The Special Master advised that she would issue a written ruling. Case No. CE5-07: Mark Spillane, 1314 N. Ocean Blvd. Constructed pergola additions to existing structures without first obtaining a building permit. Violation of Sec. 42.26 of Gulf Stream Code of Ordinances adopting Sec. 104.1 of the Florida Building Code. The Town Manager explained that pergolas were installed without first obtaining a building permit, which is a violation of Sec. 42.26 of Gulf Stream Code of Ordinances adopting Sec. 104.1 of the Florida Building Code. He advised that, according to code, a permit fee of four times the regular permit fee is to be imposed. There being no representative for Mr. Spillane, Town Manager Thrasher presented following exhibits: 1) Proof of Mr. Spillane's ownership of the property; 2) Police incident report; 3) Photographs of the pergola taken on 7/20/07; 4) Hand delivered notice of violation and an incident report dated 8/13/07; 5) Notice of hearing and incident report dated 10/8/07. Mrs. Eckert added that a representative had contacted town hall on October 22, 2007, and stated that they would be applying for a building permit. Special Magistrate Donlon noted that proper notice was given and ordered that the respondent obtain a properly issued permit on or before November 7, 2007. If the respondent fails to comply within the time specified, a fine assessment hearing will be held before the Special Magistrate on a date and time to be determined and a fine of up to $250 per day shall be assessed for each day the violation continues to exist. Town of Gulf Stream Code Enforcement Hearing October 23, 2007 Page 3 There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:45 A.M. Yve E. Eckert, CMC Dep Town Clerk