HomeMy Public PortalAbout06 08 11 MinutesMINUTES OF THE CODE ENFORCEMENT HEARING HELD BY THE CODE
ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON
WEDNESDAY, JUNE 8, 2011 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 10:05 A.M. She announced that
the Respondent was not present and said that the Town could present their testimony and if
anyone appeared to give testimony on behalf of the Respondent she would swear them in at that
time.
The Special Magistrate administered the Oath to William Thrasher, Town Manager of the Town
of Gulf Stream. She announced that the case being heard is Case No. CE 2-11, addressing a
code violation at 920 Indigo Point, Place An Soleil Subdivision, Gulf Stream, Florida, owned by
Edward and Joyce Slominski.
William Thrasher, Town Manager for the Town of Gulf Stream, stated that the Town has
documentation indicating that they notified Mr. Slominski of this Fine Assessment/Status
Hearing for failure to comply with the Order of the Special Magistrate. Mr. Thrasher said he
drove by the subject property this morning and the fence is still erected as it was. He stated that
he recently spoke with someone who represented himself as the fence contractor for Mr. and
Mrs. Slominski. Mr. Thrasher stated that he informed the contractor of the procedures required
for obtaining a registration and a permit and that the contractor said he was going to register and
apply for a permit for the modification of the fence as it is presently located at 920 Indigo Point.
He said, to date, the contractor has not registered or submitted a permit application, the fence is
unchanged and, therefore, no attempt has been made to comply.
Mr. Thrasher presented a copy of a letter addressed to Mr. and Mrs. Slominski dated May 6,
2011 with enclosures including the following: Affidavit of Non -Compliance covering a code
violation at 920 Indigo Point; Order Finding Violation issued by the Special Magistrate as a
result of the hearing held on May 4, 2011; and, the Incident Report and Return Receipt showing
delivery and receipt of these items. The Notice was hand -delivered by a Police Officer on
Monday, May 9, 2011 and received and signed by Mrs. Slominski at 4:00 P.M. on May 9, 2011.
The Special Magistrate accepted these documents as a composite of Exhibit #1 for the Town of
Gulf Stream.
Mr. Thrasher said the Town is requesting a daily fine of $25.00 be assessed until compliance is
achieved. The Special Magistrate stated that she ordered compliance to occur on May 25, 2011.
When asked by the Special Magistrate if the Town will receive any administrative costs for this
matter in the event she rules in the Town's favor, Mr. Thrasher stated that there will be a $150.00
administrative fee. He stated that, as a result of the May 4's hearing, Mr. Slominski was ordered
to pay a $150.00 administrative fee to the Town, which remains outstanding.
FINDINGS:
Special Magistrate Donlon found that proper notice had been given and that the violation has
continued past the date of compliance. The Special Magistrate ordered that a fine of $25.00 per
�! day be imposed beginning May 26, 2011, which is the day after compliance should have
C occurred, and ordered administrative costs for this hearing in the amount of $150.00 be paid
immediately. She further ordered that the prior administrative costs in the amount of $150.00,
which were previously assessed for the violation hearing, also be paid immediately.
This concluded the hearing of Case No. CE 2-11 and the Special Magistrate adjourned the
hearing at 10:10 A.M.
Administrative Assistant
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