HomeMy Public PortalAboutCase #CE 15-1TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vlco-Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
March 25, 2016
Christopher F. O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
Telephone
(561)276-5116
Fax
(561)737-8188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
Please find enclosed herewith a Certified Copy of the Special
Magistrates Order in relation to Case No. 15-1. This Order
consists of 7 pages.
Very truly yours,
Rita L. Taylor
Town Clerk
Encl
100 SEA ROAD, GULF STREAM, FLORIDA 33483
TOWN OF GULF STREAM
100 Sea Rd.
Gulf Stream, FL 33483-7427
SPECIAL MAGISTRATE ORDER
CASE NO. 15-1
PROPERTY OWNER: CHRISTOPHER F. O'HARE
2520 AVENUE AU SOLEIL
GULF STREAM, FL
PCN: 20-43-46-04-22-000-0360
THIS MATTER came before the Special Magistrate for a hearing held at Town
Hall on March 7, 2016, pursuant to a Notice of Violation issued by the Town of Gulf
Stream ("Town") to Christopher F. O'Hare ("Respondent") on August 14, 2015. The
Notice of Violation (NOV) alleged the following violations:
SEC. 42-29 CONSTRUCTION ABANDONMENT
SEC. 70-238 ROOFS
SEC. 70-99 ROOF DESIGN, SLOPE & MATERIALS
The Town set the matter for hearing, which was convened on Friday, December 4,
2015, at 10:00 a.m. The Respondent and his attorney, Mr. Roeder, were present. Mr.
Randolph, the Town Attorney, and Mr. Thatcher, the Town Manager, were also present.
The Respondent requested a postponement because he was not afforded pre -
hearing discovery which typically occurs in Circuit Court trials. The postponement was
denied. There is no process allowing pre -hearing discovery, other than the issuance of
subpoenas by the Special Magistrate, and Public Records Requests, both processes which
the Respondent was aware of and utilized.
On December 4, the hearing began at 10:00 a.m. and the proceeding adjourned at
4:15 p.m.
Christopher F. O'Hare
Case No. 15-1
Page 2
Several attempts were made to re -convene the hearing, to no avail. Respondent
terminated his attorney shortly before a scheduled hearing and was not able to find
suitable counsel. On another occasion the proceedings began and were shortly thereafter
adjourned due to medical issues that required the Respondent to be transported to a
hospital. Respondent's doctors requested that the hearing not occur for a period of time.
On Monday, March 7, 2016, the hearing was continued. The Town appeared with
the same representation. The Respondent appeared pro se, with two assistants, both
attorneys, one of which was his attorney on the first day of the hearing. He was now
offered as a witness. The hearing re -convened at 10:00 a.m. and concluded with closing
arguments completed at approximately 6:00 p.m.
During the two days of hearing, the Town presented 24 exhibits, some composite
with several pages, marked T-1 through T-24. The Respondent proposed 41 exhibits,
some composite with several pages, all of which were admitted with the exception of R-
32 (composite), R-35, and R-31. The parties agreed the Special Magistrate could take
time to review the evidence and submit a written order, waiving the requirement that the
decision be announced at the conclusion of the hearing, and that a written order would
follow in ten (10) days. It was agreed the decision would be mailed to the parties. Both
parties were given the opportunity to submit proposed Findings of Fact, and did.
BURDEN OF PROOF
The Town carries the burden of showing the violation occurred by producing
evidence that must be competent and substantial.
SUMMARY OF CASE
Section 42-29 Construction Abandonment
The Respondent applied for and received a re -roofing permit on August 30, 2011.
Permit No. 11-135146 was issued to Rooftec Corporation, the Respondent's contractor.
As of the date this hearing concluded, Respondent's previous roof had been
removed, and new underlayment and waterproofing had been added. The roof remains
unfinished with no tile or finishing roofing material in place.
The Town contends the permit is inactive under Florida Building Code Section
105.4.1.3, which requires an approved inspection every 180 days. The Town, therefore,
reasons that the Respondent has not completed construction of the re -roofing project
within the timeframe of the Building Permit and is in violation of Section 42-29.
Christopher F. O'Hare
Case No. 15-1
Page 3
The Respondent asserts several defenses to the Town's argument.
The Town of Gulf Stream has an Interlocal Agreement dated 30 September, 2009,
with the City of Delray Beach ("Delray") that provides for Delray to act as the Town's
Building Department (T-5). Prior to November 15, 2009, the County served as the
Town's Building Department. Pursuant to a Memorandum of Understanding between the
Town Manager, Building Official for Delray Beach, and County Building officials, the
arrangement with the County was terminated and Delray undertook the responsibility on
November 15, 2009. There was a provision to allow County officials to act on permits
after November 15, 2009, in certain circumstances (paragraph 2.b., T-15)
The Respondent points out that the Interlocal Agreement between the Town and
Delray was not recorded in the Public Records, as required by Florida Statute §
163.01(11) until February 11, 2013, (ORB 25785, Page 0534) and, therefore, was not
effective on August 30, 2011, when the Building Permit was issued and that secondly,
Section 42-29 of the Codified Codes and Ordinances of the Town still refers to "a
Building Permit issued by the County". Since the permit was not issued by the County, it
does not fall within the abandonment language of § 42-29.
Both of these arguments are rejected.
Section 42-26 of the Town Code, enacted on November 13, 2009, corresponding
approximately to the date of the Interlocal Agreement, was an Ordinance providing that
Delray's Building Codes would apply. Section 42-27 also provided that Delray would
issue all permits and conduct inspections. All parties understood and followed the
procedure of applying to Delray for the re -roofing permit. The Delray Beach Building
Official testified that the previous Building Official had determined the permit was
inactive, and he had no reason or information to contradict his decision. The Town and
Delray relied on the Florida Building Code to determine when a permit becomes inactive.
The first paragraph of § 42-29 refers to the time period when the County issued the
permits, and active County -issued permits after Delray took over as the Town's Building
Department, and is merely a relic of the past. Respondent was cited with paragraph 2,
which deals with keeping a building permit active whether issued by Delray or, as was
previously the case, the County.
It should be noted that if Respondent's first argument regarding the Interlocal
Agreement was correct, and Delray did not have the authority to act as the Town's
Building Department, Respondent would never have had a valid permit to begin the re-
roofing project. Respondent never applied for permits from the County, as that process
had been replaced. The parties' actions confirm, and a long history shows, all involved
knew and processed the permits through Delray.
Christopher F. O'Hare
Case No. 15-1
Page 4
Next, Respondent argues that the inspection to keep the re -roofing permit active
did not have to be by a Delray Beach Inspector. Testimony offered by Respondent
showed that under certain conditions such as "threshold buildings" and other complicated
structures, Building Departments will allow and accept other qualified professionals to
conduct inspections on behalf of the Department. There was no testimony or evidence to
suggest that the Town or the City of Delray Beach Building Department authorized
anyone other than Delray inspectors to conduct roofing inspections on Respondent's
house. There is no need to comment on Respondent's evidence regarding delivery of
inspections by unauthorized persons to Delray. The last inspection by a Delray employee
was April 26, 2012. The permit became inactive under the Florida Building Code on
November 26, 2012. The most the Respondent was able to show were several letters
from T.E. Lunn, PE, LLC, addressed to Respondent, indicating additional hot -mopping
of material to offset deterioration of the underlayment due to excessive exposure for long
periods, to prevent water intrusion. There is no evidence that Delray accepted these as
valid inspections. There was no evidence of the project progressing towards completion.
Next, Respondent argues that he did not receive notice that the Building Permit
was inactive. At the very least, Respondent was put on Notice of the inactive permit
when he received the Notice of Violation on August 5, 2015, four months prior to the
commencement of this hearing. In addition, the Delray Beach Building Department
testified that Notices of Inactive Permits were typically given when an owner called for
an inspection or other activity on the permit. Since there were no inspections requested
from Delray after April 26, 2012, there was no notification.
Next Respondent argues that the expiration of the permit was tolled by virtue of
legal proceedings. Attorney Roeder testified that there was active legal activity on
Respondent's roof since 2012. Florida Building Code § 105.4.1 provides the 180 day
period "shall not be applicable in case(s) ... when the building work is halted due
directly to judicial injunction, order or similar process." Respondent failed to show any
order from any of the litigation that required the work on the roof to be halted. The only
testimony with respect to this issue was that Respondent was not happy with the type of
roofing the Town would allow and voluntarily waited to finish the work in the hope of a
Court order which would allow his preferred choice.
Section 70-238 Roofs
Respondent wanted a metal roof. This request was denied by the Town Manager.
Respondent appealed to the Board of Adjustment, resulting in the denial of his request.
Respondent filed a Petition for a Writ of Certiorari with the Circuit Court for the 15`h
Judicial Circuit (T-8), which was denied Per Curiam (T-9). That decision was appealed
to the Fourth District Court of Appeals, and the Court denied the petition on its merits (T-
10).
Christopher F. O'Hare
Case No. 15-1
Page 5
Respondent then applied for a revised Building Permit to install a "solar
sandwich" roof, which was denied. Respondent appealed to the Board of Adjustment and
the Board denied his appeal. Respondent filed a petition for Writ of Certiorari with the
150' Judicial Circuit, appealing the denial. The denial by the Board of Adjustment was
affirmed Per Curiam (T-11).
During the litigation, the style of house and roof covering allowed by Town Code
was litigated extensively and is not a subject to be revisited in this Code Enforcement
hearing.
The evidence is clear that there is no tile or any other protective material over the
underlayment which is in place on Respondent's roof. Although it has been thoroughly
argued and decided in previous litigation what type of tile must be used on Respondent's
house; it is clear that some type of finished roof material must be installed, and there is
none.
Section 70-99 Roof Design, Slone & Materials
Section 70-99 prohibits inconsistent roofing materials visible from the exterior of
the property.. The preamble of § 70-99 reads:
"Roofs are a major visual element and should be carefully considered as to
the proportion, texture, color and compatibility with both the house style
and neighboring buildings. Similarities in roof types create a visual
continuity in the streetscape and neighborhood. Broad low roof lines with
overhanging eaves provide a reassuring sense of shelter and create shade
for underlying windows."
The testimony presented established that Respondent's roof, consisting of hot -
mopped underlayment, was visible from the exterior and inconsistent with Town Code,
which requires a finished layer of approved tile or other approved material. It is also
inconsistent with the roofs on homes in Respondent's neighborhood. Roofing consisting
of underlayment only is not permitted and is not consistent with the Town Code.
FINDINGS OF FACT
1. Christopher O'Hare is the owner (Respondent) at 2520 Avenue Au Soleil, Gulf
Stream, FL 33483.
2. The Notice of Violation dated August 4, 2015, was properly served by Hand
Delivery on August 5, 2015.
Christopher F. O'Hare
Case No. 15-1
Page 6
3. The Notice of Hearing was properly served and Respondent was present with
counsel on December 4, 2015, and again pro se on March 7, 2016, with two
Attorney advisors.
4. The summary of the case is incorporated in these Findings of Fact.
5. The Town has shown, by substantial competent evidence, violations of Section
42-29, Section 70-238, and Section 70-99.
COMPLIANCE
The Respondent is 'hereby ordered to bring his property into compliance by:
A. Installing a flat, white thru and thru, smooth uncoated tile; or
B. Installing similar tile to what was removed. (The Building Permit expired,
requiring the Respondent to restore the roof with the previous covering.) This
was an S-shaped terra cotta tile, identified at the hearing as Exhibit T-20
(Barcelona 900), or other similar tile approved by the Town; or
C. Apply a roofing material that is otherwise approved by the Town. I will note that
continuous applications, demands, and appeals will not suffice as a reason to
delay compliance.
CONCLUSIONS OF LAW
The above Findings of Fact constitute a violation of the Sections of the Codes and
Laws of the Town of Gulf Stream set forth above.
It is the Order of this Special Magistrate that Respondent shall comply, as set
forth above, by June 1, 2016, with this Order. Failure to comply may subject the
Respondent to fines and liens upon the property that is the subject of this hearing, and all
other property owned by Respondent in Palm Beach County. Administrative costs of
$150.00 are awarded to the Town, which Respondent will pay within 10 days.
Christopher F. O'Hare
Case No. 15-1
Page 7
The Town is ordered to inspect the property on June 1, 2016, and, if it is not
found to be in compliance, to convene a hearing to determine compliance with this Order
and such other matters that are deemed appropriate.
DONE AND ORDERED this ay of March, 2016
Mrandenburg, Special M 1strate
9
STATE OF FLORIDA
COUNTY OF POIrMC/
,,d The foregoing was sworn to, subscribed and acknowledged before me on this the
as day of JW qgC N , 2016, by Gary M. Brandenbur , as Special Magistrate
for the Town of Gulf Stream, Florida. He i personally known to me r has produced
as identification. /
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Gulf Stream Police Department
F® 246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
Page 1 of I
NON CRIMINAL OFFENSE REPORT
Incident Type: POLICE SERVICE
Location of Incident: 2520 AVE. AU SOLEIL
Name: CHRISTOPHER OHARE
Race: WHITE
Home Address: 2520 AVE AU SOLEIL
GULFSTREAM FL33483
Zone:
Processed By:
1
Complaint Number: 15-1952
OFC M. FELTER
Officer Killed/Assaulted: NO
OTHER
Sex: MALE
INCIDENT SUMMARY
ON 10/31/2015 AT APPROXIMATELY 1439 HRS 1 DELIVERED A TOWN HALLARTICLE 4200 TO 2520 AVENUE AU
SOLEIL.
MR. CHRISTOPHER O'HARE ACCEPTED AND SIGNED FOR THE ARTICLE; NO FURTHER.
GULF STREAM FL 33483
Type of Premises:
RESIDENCE -SINGLE FAMILY
Time of Call:
1439
Time of Arrival:
1439
Time Completed:
1442
Officer Injured:
NO
Date/Time Reported:
10/31/2015 14:39
Occurred From:
Domestic:
NO
Juvenile Involved:
NO
Reporting Officer:
OFC. MARSHALL FELTER
Name: CHRISTOPHER OHARE
Race: WHITE
Home Address: 2520 AVE AU SOLEIL
GULFSTREAM FL33483
Zone:
Processed By:
1
Complaint Number: 15-1952
OFC M. FELTER
Officer Killed/Assaulted: NO
OTHER
Sex: MALE
INCIDENT SUMMARY
ON 10/31/2015 AT APPROXIMATELY 1439 HRS 1 DELIVERED A TOWN HALLARTICLE 4200 TO 2520 AVENUE AU
SOLEIL.
MR. CHRISTOPHER O'HARE ACCEPTED AND SIGNED FOR THE ARTICLE; NO FURTHER.
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Planning
Zoning
#-tK I �e((*V f � d
ArTl'c !-t 200
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 15-1
Ph. (561) 276-5116
Fax (561)737-0188
10-30-15
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2-75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
1. Location/Address where violation(s) exist(s): 2520 Avenue Au Soleil, Gulf Stream, FL 334;
2. Legal Description:
Lot 36, Place Au Soleil Subdivision
3. Name and address of owner/person in charge where violation(s) exist(s): ChristQphu F.
O'Hare and Shelley L.C. O'Hare, 2520 Avenue Au Soleil, Gulf Stream, FL 33483
4. Violation of Town Code Section(s) and description(s): Sec. 42-29 CONSTRUCTION ABANDON=
Failed to complete construction within timeframe of Bldg. Permit. Sec. 70-238 ROOFS
Calls for flat, white thru & thru, smooth, un -coated tile but no tile has been
Installed over a c. - prohibit;
inconsistent roofing materials visible frau exterior of property or with any other
laguse 41q #m Sec.
(SEE ATTACHED "EXHIBITS OF VIOLATION")
5. Date of First Inspection: July 17, 2015
6. Date owner first notified of violation(s): August 14, 2015
7. Date on/by, which violations are to be corrected: September 14. 2015
***************************IMPORTANT NOTICE*************************
Unless the violator corrects the violation(s) described herein by the date set forth above AND
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561-276-5116 to verify
COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on 11-16-15 at 2:00 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to
answer allegations that you have violated the above cited sections of the Code of Ordinances of the
Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his/her findings
solely upon presentation by the Town Code Inspector
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEFORE
11-12-15 , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND
DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT
YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATION(S) IS/ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATION(S) IS/ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate finds that you have committed a violation, he/she may order IMMEDIATE
COMPLIANCE with the Code and if you fail to comply with such order within the time period set
forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining
in non-compliance.
If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES
CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN.
If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an
APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF
GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST
MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate with respect to any matters
considered at subject meeting, they will need a record of the proceedings, and for such -purpose, they
may need to ensure that a verbatim record of the proceedings is made, upon which record includes
testimony and evidence upon which appeal is to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By: Rita L. Taylor, Town glerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276-5116
COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
August 14, 2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream,. Florida 33483
Dear Mr. O'Hare:
Telephone
(561)276.5116
Fax
(561)737-8188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Hand Delivery
Article #199
On August 29, 2011 the Town of Gulf Stream issued zoning approval
for the replacement of the roof on the home you own at 2520 Avenue
Au Soleil and issued Receipt Number 5777 to your contractor, Rooftec
Corporation. On August 30, 2011, the City of Delray Beach issued the
re -roofing Permit Number 11-135146 to Rooftec Corporation. The approved
permit covered re -roofing the structure with white thru and thru,
flat cement tile with no slurry coating or paint. This work was started
but has, to date, not been completed in conformity with the permit
that was issued.
Section 42-29 CONSTRUCTION ABANDONMENT states that failure of the
permit holder or the property owner to complete construction once it
has been initiated within the timeframe of the building permit is
a violation.
Section 70-238 ROOFS requires that roofs on homes that are predominately
with Bermuda influences have flat, white thru and thru, smooth, un -coated
tile. The roof is in violation as there is no tile in place.
Section 70-99 ROOF DESIGN, SLOPE AND MATERIALS (3) Prohibited lists
inconsistent roofing materials visible from the exterior 67—the property
except approved accent materials. The material that has been applied is
inconsistent with roofing materials visible from the exterior of the
property or with any other house in town and thus is in violation
of this section of the Code.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page 2
August 14, 2015
Christopher O'Hare
This is to be considered official notice to correct these violations
within 30 days of delivery and/or posting of this notice. It will be
necessary that you file a new application as there have been changes
in the Florida Building Code during this period of inactivity.
Failing to comply with this order shall result in an appearance before
the Special Magistrate and further action as provided in Chapter 2,
Division 2 of the Code of Ordinances, a copy of which is enclosed
along with copies of the Sections referred to herein.
Sincerely,
William H. Thrasher
Town Manager
Encls.
§ 2-42
GULF STREAM CODE
DLVISION 2. CODE ENFORCEIIIENT"
Sec. 2-66. Title.
This division may be !mown and cited as the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06-02, § 1, 5-5-061
Sec. 2-67. Special magistrate term.
ta) There is hereby established a special mag-
istrate who shall be designated by the town
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall be appointed to
serve in an ex -officio capacity if the special mag-
istrate serves other local governments as a special
magistrate. Such service to other local govern-
ments does not create duties inconsistent with
serving as special magistrate to the Town of Gulf
Stream.
(c) The special magistrate shall be an attorney
and a member of the Florida Bar.
(di The special magistrate shall serve at the
pleasure of the town commissinn.
lei The special magistrate shall preside over
code enforcement matters scheduled to be heard
from time to time.
(fl Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shall be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of his/her duties.
(gl The town attorney or his/her designee shall
represent the town by presenting cases before the
specinl magistrate.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Special magistrates. F.S. t 162.03.
2:4
"State taw reference—Code enforcement. F.S. ch. 162.
ADMINISTRATION
Sec. 2.68. Jurisdiction.
(a) The special magistrate shall have the juris-
diction and authority to hear and decide any
alleged violations of the following chapters of the
Code and ordinances of the town as the same may
be amended from time to time:
(1) Chapter 6, Animals;
12) Chapter 10, Businesses. Professions and
Occupations;
(3( Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(1.0) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not he exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2-69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
3 2.69
tors, law enforcement officers, public works in-
spectors, fire safety inspectors, and zoning inspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2-75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2-75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2-75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
CD2:5
2-60
GULF STREAM CODE
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable offort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06-02, 9 1, 5-5-06)
State law reference—Similar prwieione. F.S. § 162.06.
Sec. 2-70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence orthe respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules ofevidence shall not
apply. It -relevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his/her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a full and fair hearing of the
Case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days after the
hearing. In the event the town prevails in prose-
cuting a case before the magistrate, it shall be
entitled to recover all costs incurred in prosecut-
ing the case before the special magistrate and
such costs may be included in the lien authorized
under section 2-72 of this chapter. Administrative
costs. for purposes of this section, shall be $150.00.
The order entered by the magistrate shall in-
clude, in the event of noncompliance, a finding of
noncompliance, that the violator is required to
pay the town administrative costs in the amount
of $150.00, that the order must be complied with
by a specified date and that a fine, as well a, the
cost of repairs, may be imposed if the order is not
complied with by such date. The administrative
costs shall be due regardless of whether the order
is complied with by the requisite date. A certified
copy of such order may be recorded in the public
records of the county and shall constitute notice
to any subsequent purchasers, successors in in-
terest, or assigns if the violation concerns real
property, and the findings therein shall be bind-
ing upon the violator and. if the violation concerns
real property, any subsequent purchasers or suc-
cessors in interest or assigns.
(Ord. No. 06-02, a 1. 5-5-06; Ord. No. 09-6, § 1,
11-13-09)
State law reference Similar provisions, F.S. 3 162.0 i.
See. 2-71. Powers.
CD2:6
The special magistrate shall have the power to:
111 Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
her hearings, including, but not limited to
physical and documentary evidence such
as records. surveys, plats and photo-
graphs.
(4) Take testimony under oath
(51 Issue orders having the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2-72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2-72
which remain unpaid after a period of
three months.
IM
. 111NISTRATION
(8) Authorize the reduction of any fine he/she
has imposed.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions. F.S. § 162.05.
Sec. 2-72. Administrative fines, costs of re-
pair; liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. In addition, if the violation is
a violation described in subsection 2-69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
fording of a violation or a repeat violation has
been made as provided in this section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a special magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However, if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
2-79
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be recorded in the public record and thereaf-
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be a courtjudgment except
for enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the town
and the town may execute a satisfaction or re-
lease of a lien entered pursuant to this section.
After three months from the filing of any such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
may be foreclosed on real property which is a
homestead under Section 4. Article X of the State
Constitution.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference --Similar prmisions. F.S. § 162.09.
Sec. 2-73. Duration.
No lien provided under this division shall con-
tinue for a period longer than 20 years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attor-
ney's fee, that it incurs in the foreclosures. The
town shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The
continuation of the lien effected by the commence-
ment of the action shall not be good against
CD2:7
C 2-73
GULF STREAM CODE
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
( Ord. No. 06-02, 4 1, 5-5-06)
State law reference—Similnr provisions. F.S. a 162.10.
Sec. 2-74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate
review of the record created before the special
magistrate. The appeal shall be filed within 30
days of the execution of the order to be appealed.
(Ord. No. 06-02, $ 1, 5-5-06)
State law reference,Similar provision,. I•.s § 162.11.
Sec. 2-75. Notices.
i 111 All notices required by this section shall be
provided to the alleged violator by certified mail.
return receipt requested; by hand delivery by the
shorilf or other law enforcement officer, code in-
spector, or other person designated by the local
governing body; or by leaving the notice at the
violator's usual place of residence with any person
residing therein who is above 15 years of age and
informing such person or the contents of the
notice.
(b) In addition to providing notice as set forth
in this section, at the option of the special magis-
trate, notice may also be served by publication or
posting, as follows:
(1) Such notice shall be published once dur-
ing each week for four consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
Beach County. Florida. The newspaper
shall meet such requirements as are pre-
scribed under F.S. ch. 50 for legal and
official advertisements.
(2) Proof of publication shall be made as
provided in F.S.§§ 50.041 and 50.051.
(3) In lieu of publication as described in this
section, such notice may be posted fur at
least ten days in at least two locations,
one of which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) Proof of posting shall be by affidavit of' the
person posting the notice, which affidavit
shall include a copy of the notice posted
and the date and places of its posting.
(c) Notice by publication or posting may run
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with proof of publication or post-
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not the alleged violator actually received such
notice.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions. F.S.. 162.12.
Sec. 2-76. Procedure to request that a fine
or lien imposed pursuant to sec-
tion 2.72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which a
fine has been imposed pursuant to section 2-72
may apply to the special magistrate, through the
town attorney or his/her designee, fur a satisfac-
tion of the fine with less than full payment
thereof. No such application shall be considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government -imposed liens against the sub-
ject real property have been paid.
(2) The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
Ib) In considering an application to reduce a
fine or lien imposed pursuant to section 2-72, no
satisfaction thereof shall be approved by the. ape-
CD2:8
A.
ADNIMSTRATION : 2-80
tial magistrate with less than full payment thereof,
nite'term of imprisonment net to exceed 60 days,
unless the special magistrate shall make a spc:
in a municipal detention facility or other facility
cific finding that no violation of any ordinance
as authorized by law.
de -scribed in section 2-68 of this Code exists on
(Ord. No. 06-02, § 1. 5-5-061
the subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2-72 that is reduced by the
special magistrate shall be paid on such terms as
approved by the special magistrate.
(d I If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi -government entity, the spe-
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a sat-
isfaction of the lien with less than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06-02, 4 1, 5-5-06)
Sec. 2-77. Provisions supplemental and cu-
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
any violation of the ordinances of the town, nor to
bar or prohibit the town from filing charges against
any person, firm or corporation violating any
town ordinance as provided by existing laws. This
division shall be construed to be supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord. No. 06-02, 5 1, 5-5-06)
State law reference—Similar prm-Wons. F.S. $ 162.013.
Sec. 2.78. Alternative code enforcement pro-
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal ordinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defl-
CI
3 42-27
GULF STREAM CODE
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the towel a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the City of Delray Beach
in the amount of three times the regular fee due
to the City of Delray Beach shall be paid. In
addition, there shall be paid to the town a fee
three times the regular fee due the town.
(Code 1978, § 4-3; Ord. No. 89-6, § 1, 12-15-89;
Ord. No. 98-1, § 1, 4-14-98; Ord. No. 09-9, § 2,
11-13-09)
Sec. 42-28. County to process applications;
fees for service.
The county building department shall process
plans that are submitted in triplicate, checking
the same for compliance with the codes adopted in
this article, and will determine the amount of the
permit fee and supply a copy of the same to the
town. For this and the inspection service the
county shall charge the builder a permit fee as
established by the county building permit fee
schedule. The fee to the county shall be paid by
the builder at the time application for permit is
submitted to the county.
(Code 1978, 4 4-4)
Sec. 42-29. Construction abandonment.
All authorized construction shall be completed
prior to the expiration of the building permit
issued by the county. The expiration of a building
permit shall be prima facie evidence that the
building project has not commenced or has been
abandoned.
Failure of the permit holder or the property
owner to complete construction once it has been
initiated within the timeframe of the building
permit is a violation that will be referred to the
special master pursuant to Chapter 2, Article III,
Division 2, of this Code. Failure to restore the site
to its preconstruction conditions, including re-
moval of all structural improvements and place-
ment of sod on all disrupted portions of the site,
may result in a fine not to exceed $250.00 per
working day after the permit expires.
(Ord. No. 00-1, § 1, 3-10-00)
Editor's note—Ordinance Nu. 03.13. § 1. adopted October
10. 2003. repealed § 42.29. Formerly, such section pertained to
approval of supplirr of water priur to permit issuance and
derived from § 4-6 of the 1978 Code. Subsequently. § 2 of c,.ano
ordinance renumbered § 4240 a: § 42-20.
Sec. 42-30. Driveway permits.
(a) Penni.trequired. Construction orrecnnstruc-
tion of driveway aprons within town right-of-way
shall not commence until the town has issued a
driveway connection permit. The permit shall be
processed as a Level I site plan approval. The
town may impose reasonable conditions to ensure
that driveway run-off is directed away from the
roadway, to ensure free flow of drainage across
the base of the driveway apron where necessary
to reach existing or proposed drainage out -falls,
and to ensure proper connection with the travel
lane of the adjacent roadway.
(b) Properties fronting on SR AIA. Not with-
standing the foregoing, properties proposing ac-
cess to State Road AlA shall first obtain a drive-
way permit frnm the state department of
transportation.
(Ord. No. 00-1, $ 2, 3-10-00)
Editor's note—Ordinance No. 03-13. § 3. adopted October
10. 2003, renumbered § 42-31 to § 42-30.
Secs. 42-31-42-50. Reserved.
CD42:4
70-99
GULF STREA.NI CODE
Sec. 70-99. Roof design, slope and materials.
Roofs area major visual element and should be carefully considered as to the proportion, texture, color
and compatibility with both the house style and neighboring buildings. Similarities in roof types create
a visual continuity in the streetscape and neighborhood. Broad low roof lines with overhanging eaves
provide a reassuring sense of shelter and create shade for underlying windows.
( 1) Preferred.
Exposed gutters and downspouts painted to match adjacent roof or wall material
Exposed rafter tails
Flashing, vent stacks, and pipes painted to match adjacent building surface
Gutters and downspouts designed as a continuous architectural feature
Hip or gable roofs
Low pitched roofs ( under 28' or 6:12 slope)
Roof material true to architectural style
Roof overhangs (two to 21/2 feet)
Roof pitches over porches or ancillary structures (under 45' or 1:1 slope)
Simple roof geometry
Tile ruof material
(2) Discouraged.
Roof material uncharacteristic of architectural style or zoning district
"S" -shaped tile in some districts
Shed roofs
Steep slopes (over 4.5' or 1:1 slope(
CD70:46
GULF STREAM DESIGN AL NUAL
Very low pitched roofs (less than 18° or 5:12 slope)
(3) Prohibiter[.
Low Slope
Under 2r
(6:12 slope)
Average Slope
29°45°
(6:12-1:1)
'qs•
Steep Slope
Over 45`
(1:1 slope)
7e-99
Asphalt shingles except on existing polo cottages and homes with existing asphalt or wood
shingles
Bright, unnaturulistic-looking roof material
Flat roofs visible over ten percent of total roof area, except when used at peaks to reduce roof
massing
Gambrel roofs
Glazed skylights on the streetside
Inconsistent roofing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory
structures)
Non-earthtone colors (except white). for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll tile and similar tile styles in all districts except Place Au Soleil
S -Tile in all districts except Place Au Soleil
Solar panels on the streetside
CD70:47
'L�—
Hip
Gable
Shed Discourasedt
Flat (prohibited)
Gambrel (Prohibited
Mansazd !Prohibited)
(3) Prohibiter[.
Low Slope
Under 2r
(6:12 slope)
Average Slope
29°45°
(6:12-1:1)
'qs•
Steep Slope
Over 45`
(1:1 slope)
7e-99
Asphalt shingles except on existing polo cottages and homes with existing asphalt or wood
shingles
Bright, unnaturulistic-looking roof material
Flat roofs visible over ten percent of total roof area, except when used at peaks to reduce roof
massing
Gambrel roofs
Glazed skylights on the streetside
Inconsistent roofing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory
structures)
Non-earthtone colors (except white). for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll tile and similar tile styles in all districts except Place Au Soleil
S -Tile in all districts except Place Au Soleil
Solar panels on the streetside
CD70:47
GULF STREAM DESIGN bIA\-I: AL § 70.238
(b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a
transition between first and second stories. A few critical stepbacks on a building are better than several
minor stepbacks that only complicate the facade and create busy architecture.
(c) Preferred.
Balconies
Simple rectangular config-
urations
Single story garages
Smaller second story con-
figurntions
Stepbackq to second story
(d) Discouraged.
Angular walls
Complex facade treatment
(excessive multi -layer
stepbacks)
'j%`�
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11, 1., . mualrer sccoau sum•, stngic story garage, and a balcony help to
Sec. 70-288. Roofs. articulate and give appropriate scale a1 this house (preferred).
(a) Required. Flat, white thru
and thru, smooth, un -coated tile and gray slate tile may be permitted on homes that are predominately
Georgian or British Colonial with Bermuda influences. Flat, gray thru and thru, un -coated tile or
slate -like tile may be permitted at the discretion of architectural review and planning board and town
commission through the Level III review process, subject to the architectural review and planning board
and the town commission making a determination that such alternntives are appropriate for the
neighborhood.
(b) Pmferred.
Combination hip/gable
roofs
Decorative capped chim.
ney
Exposed rafter tails
Flashing, vent stacks. and
pipes painted to match ad-
jacent building surface
Hip roof
Low pitched roofs (6:12
slopes)
Roof overhang(2-21h, feet)
Simple roof geometry em-
phasizing lung horizontal
lines
White flat untextured file Gulf Stream- Bermuda style white the roof (required)
CD70:93
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W I T H O U T I N C I D E N T . E N D O F R E P O R T .
COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNAS. WHITE
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
Telephone
(561)276.5116
Fax
(561)737-Oiaa
Town Manager
WILLIAM H. THRASHER
August 4, 2015
Christopher O'Hare
2520 Avenue Au Soleil Hand Delivery
Gulf Stream, Florida 33483 Article ¢198
Dear Mr. O'Hare:
Town Clerk
RITA L. TAYLOR
On August 29, 2011 the Town of Gulf Stream issued zoning approval
for the replacement of the roof on the home you own at 2520 Avenue
Au Soleil and issued Receipt Number 5777 to your contractor, Rooftec
Corporation. On August 30, 2011, the City of Delray Beach issued the
re -roofing Permit Number 11-135146 to Rooftec Corporation. The approved
permit covered re -roofing the structure with white, thru and thru,
flat cement tile with no slurry coating or paint. This work was started
but has, to date, not been completed in conformity with the permit
that was issued.
Section 42-29 CONSTRUCTION ABANDONMENT states that failure of the
permit holder or the property owner to complete construction once it
has been initiated within the timeframe of the building permit is
a violation.
Section 70-238 ROOFS requires that roofs on homes that are predominately
with Bermuda influences have flat, white thru and thru, smooth, un -coated
tile. The roof is in violation as there is no tile in place.
Section 70-99 ROOF DESIGN, SLOPE AND MATERIALS (3) Prohibited lists
inconsistent roofing materials visible from the exterior —o-F£he property
except approved accent materials. The material that has been applied is
inconsistent with roofing materials visible from the exterior of the
property or with any other house in town and thus is in violation
of this section of the Code.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page 2
August 4, 2015
Christopher O'Hare
This is to be considered official notice to correct these violations
within 30 days of delivery and/or posting of this notice. It will be
necessary that you file a new application as there have been changes
in the Florida Building Code during this period of inactivity.
Failing to comply with this order shall result in an appearance before
the Special Magistrate and further action as provided in Chapter 2,
Division 2 of the Code of Ordinances, a copy of which is enclosed
along with copies of the Sections referred to herein.
Sincerely,
244
Rita L. Taylor
For:
William H. Thrasher, Town Manager
4 2-42
GULF STREAM CODE
DIVISION 2. CODE ENFORCEMENT*
Sec. 2-66. Title.
This division may he known and cited as the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2-67. Special magistrate term.
(a) There is hereby established a special mag-
istrate who shall be designated by the town
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall be appointed to
serve in an ex -officio capacity if the special mag-
istrate serves other local governments as a special
magistrate. Such service to other local govern-
ments does not create duties inconsistent with
serving as special magistrate to the Town of Gulf
Stream.
(c) The special magistrate shall be an attorney
and a member of the Florida Bar.
(d) The special magistrate shall serve at the
pleasure of the town commission.
(e) The special magistrate shall preside over
code enforcement matters scheduled to be heard
from time to time.
(f) Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shall be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of -his/her duties.
(g) The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Special magistrates, F.S. 4 162.03.
):4
*State law reference—Code enforcement, F.S. ch. 162.
r'
Sec. 2-68. Jurisdiction.
(a) The special magistrate shall have the juris-
diction and authority to hear and decide any
alleged violations of the following chapters of the
Code and ordinances of the town as the same may
be amended from time to time:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(1.0) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2-69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
5 2-69
tors, law enforcement officers, public works in-
spectors,fire safety inspectors, and zoninginspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2-75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2-75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) I£ a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2-75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
CD2:5
§ 2-69
GULF STREAM CODE
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. § 162.06.
Sec. 2-70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules of evidence shall not
apply. Irrelevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his/her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a full and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days after the
hearing. In the event the town prevails in prose-
cuting a case before the magistrate, it shall be
entitled to recover all costs incurred in prosecut-
ing the case before the special magistrate and
such costs may be included in the lien authorized
under section 2-72 of this chapter. Administrative
costs, for purposes of this section, shall be $150.00.
The order entered by the magistrate shall in-
clude, in the event of noncompliance, a finding of
noncompliance, that the violator is required to
pay the town administrative costs in the amount
of $150.00, that the order must be complied with
by a specified date and that a fine, as well as the
cost of repairs, may be imposed if the order is not
complied with by such date. The administrative
costs shall be due regardless of whether the order
is complied with by the requisite date. A certified
copy of such order may be recorded in the public
records of the county and shall constitute notice
to any subsequent purchasers, successors in in-
terest, or assigns if the violation concerns real
property, and the findings therein shall be bind-
ing upon the violator and, if the violation concerns
real property, any subsequent purchasers or suc-
cessors in interest or assigns.
(Ord. No. 06-02, § 1, 5-5-06; Ord. No. 09-6, § 1,
11-13-09)
State law reference—Similar provisions, F.S. § 162.07.
Sec. 2-71. Powers.
CD2:6
The special magistrate shall have the power to:
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
her hearings, including, but not limited to
physical and documentary evidence such
as records, surveys, plats and photo-
graphs.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2-72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2-72
which remain unpaid after a period of
three months.
a ,
ADMINISTRATION
(8) Authorize the reduction of any fine he/she
has imposed.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. § 162.08.
Sec. 2-72. Administrative fines, costs of re-
pair; liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. In addition, if the violation is
a violation described in subsection 2-69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
been made as provided in this section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a special magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However, if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
§ 2-73
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be recorded in the public record and thereaf-
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be a court judgment except
for enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the town
and the town may execute a satisfaction or re-
lease of a lien entered pursuant to this section.
After three months from the filing of any such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
may be foreclosed on real property which is a
homestead under Section 4, Article X of the State
Constitution.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. § 162.09.
Sec. 2-73. Duration.
No lien provided under this division shall con-
tinue for a period longer than 20 years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attor-
ney's fee, that it incurs in the foreclosures. The
town shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The
continuation of the lien effected by the commence-
ment of the action shall not be good against
CD2:7
§ 2-73
GULF STREAM CODE
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. § 162.10.
Sec. 2-74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate
review of the record created before the special
magistrate. The appeal shall be filed within 30
days of the execution of the order to be appealed.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. § 162.11.
Sec. 2-75. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail,
return receipt requested; by hand delivery by the
sheriff or other law enforcement officer, code in-
spector, or other person designated by the local
governing body; or by leaving the notice at the
violator's usual place of residence with any person
residing therein who is above 15 years of age and
informing such person of the contents of the
notice.
(b) In addition to providing notice as set forth
in this section, at the option of the special magis-
trate, notice may also be served by publication or
posting, as follows:
(1) Such notice shall be published once dur-
ing each week for four consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
Beach County, Florida. The newspaper
shall meet such requirements as are pre-
scribed under F.S. ch. 50 for legal and
official advertisements.
(2) Proof of publication shall be made as
provided in F.S. §§ 50.041 and 50.051.
(3) In lieu of publication as described in this
section, such notice may be posted for at
least ten days in at least two locations,
one of which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) Proof of posting shall be by affidavit of the
person posting the notice, which affidavit
shall include a copy of the notice posted
and the date and places of its posting.
(c) Notice by publication or posting may run
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with proof of publication or post-
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not the alleged violator actually received such
notice.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, FS. § 162.12.
Sec. 2-76. Procedure to request that a fine
or lien imposed pursuant to sec-
tion 2-72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which a
fine has been imposed pursuant to section 2-72
may apply to the special magistrate, through the
town attorney or his/her designee, for a satisfac-
tion of the fine with less than full payment
thereof. No such application shall be considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government -imposed liens against the sub-
ject real property have been paid.
(2) The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
(b) In considering an application to reduce a
fine or lien imposed pursuant to section 2-72, no
satisfaction thereof shall be approved by the ape-
CD2:8
ADMINISTRATION § 2.30
tial magistrate with less than full payment thereof,
nite'te-rm of imprisonment not to exceed 60 days,
unless the special magistrate shall make a spe-
in a municipal detention facility or other facility
cific finding that no violation of any ordinance
as authorized by law.
de -scribed in section 2-68 of this Code exists on
(Ord. No. 06-02, § 1, 5-5-06)
the subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2-72 that is reduced by the
special magistrate shall be paid on such terms as
approved by the special magistrate.
(d) If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi -government entity, the spe-
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a sat-
isfaction of the lien with less than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2-77. Provisions supplemental and cu-
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
any violation of the ordinances of the town, nor to
bar or prohibit the town from filing charges against
any person, firm or corporation violating any
town ordinance as provided by existing laws. This
division shall be construed to be supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. § 162.013.
Sec. 2-78. Alternative code enforcement pro-
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal ordinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defi-
;1
§ 42-27
GULF STREAM CODE
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the City of Delray Beach
in the amount of three times the regular fee due
to the City of Delray Beach shall be paid. In
addition, there shall be paid to the town a fee
three times the regular fee due the town.
(Code 1978, § 4-3; Ord. No. 89-6, § 1, 12-15-89;
Ord. No. 98-1, § 1, 4-14-98; Ord. No. 09-9, § 2,
11-13-09)
Sec. 42-28. County to process applications;
fees for service.
The county building department shall process
plans that are submitted in triplicate, checking
the same for compliance with the codes adopted in
this article, and will determine the amount of the
permit fee and supply a copy of the same to the
town. For this and the inspection service the
county shall charge the builder a permit fee as
established by the county building permit fee
schedule. The fee to the county shall be paid by
the builder at the time application for permit is
submitted to the county.
(Code 1978, § 4-4)
Sec. 42-29. Construction abandonment.
All authorized construction shall be completed
prior to the expiration of the building permit
issued by the county. The expiration of a building
permit shall be prima facie evidence that the
building project has not commenced or has been
abandoned.
Failure of the permit holder or the property
owner to complete construction once it has been
initiated within the timeframe of the building
permit is a violation that will be referred to the
special master pursuant to Chapter 2, Article III,
Division 2, of this Code. Failure to restore the site
to its preconstruction conditions, including re-
moval of all structural improvements and place-
ment of sod on all disrupted portions of the site,
may result in a fine not to exceed $250.00 per
working day after the permit expires.
(Ord. No. 00-1, § 1, 3-10-00)
Editor's note—Ordinance No. 03-13, § 1, adopted October
10, 2003, repealed § 42-29. Formerly, such section pertained to
approval of supplier of water prior to permit issuance and
derived from § 4-6 of the 1978 Code. Subsequently, § 2 of same
ordinance renumbered § 42-30 as § 42-29.
Sec. 42-30. Driveway permits.
(a) Permit required. Construction or reconstruc-
tion of driveway aprons within town right-of-way
shall not commence until the town has issued a
driveway connection permit. The permit shall be
processed as a Level I site plan approval. The
town may impose reasonable conditions to ensure
that driveway run-off is directed away from the
roadway, to ensure free flow of drainage across
the base of the driveway apron where necessary
to reach existing or proposed drainage out -falls,
and to ensure proper connection with the travel
lane of the adjacent roadway.
(b) Properties fronting on SR AIA. Not with-
standing the foregoing, properties proposing ac-
cess to State Road AlA shall first obtain a drive-
way permit from the state department of
transportation.
(Ord. No. 00-1, § 2, 3-10-00)
Editor's note—Ordinance No. 03-13, § 3, adopted October
10, 2003, renumbered § 42.31 to § 42-30.
Secs. 42-31--42-50. Reserved.
CD42:4
$ 70-99
GULF STREAM CODE
Sec. 70-99. Roof design, slope and materials.
Roofs are a major visual element and should be carefully considered as to the proportion, texture, color
and compatibility with both the house style and neighboring buildings. Similarities in roof types create
a visual continuity in the streetscape and neighborhood. Broad low roof lines with overhanging eaves
provide a reassuring sense of shelter and create shade for underlying windows.
(1) Preferred.
Exposed gutters and downspouts painted to match adjacent roof or wall material
Exposed rafter tails
Flashing, vent stacks, and pipes painted to match adjacent building surface
Gutters and downspouts designed as a continuous architectural feature
Hip or gable roofs
Low pitched roofs (under 28° or 6:12 slope)
Roof material true to architectural style
Roof overhangs (two to 21/2 feet)
Roof pitches over porches or ancillary structures (under 45° or 1:1 slope)
Simple roof geometry
Tile roof material
(2) Discouraged.
Roof material uncharacteristic of architectural style or zoning district
"S" -shaped tile in some districts
Shed roofs
Steep slopes (over 45° or 1:1 slope)
CD70:46
C-
GULF STREAM DESIGN MANUAL
Very low pitched roofs (less than 18° or 5:12 slope)
(3) Prohibited.
Low Slope
Under 28°
(6:12 slope)
Average Slope
28°45°
(6:/1222-- I:��\I)))
.Y
` Steep Slope
Over 45°
(L•1 slope)
4 70-99
Asphalt shingles except on existing polo cottages and homes with existing asphalt or wood
shingles
Bright, unnaturalistic-looking roof material
Flat roofs visible over ten percent of total roof area, except when used at peaks to reduce roof
massing
Gambrel roofs
Glazed skylights on the streetside
Inconsistent roofing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory
structures)
Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll tile and similar tile styles in all districts except Place Au Soleil
S -Tile in all districts except Place Au Soleil
Solar panels on the streetside
CD70:47
Hip
Gable
Shed Discouraged
Plat !Prohibited) I
Gambrel !Prohibited! I
Mansard !Prohibited
(3) Prohibited.
Low Slope
Under 28°
(6:12 slope)
Average Slope
28°45°
(6:/1222-- I:��\I)))
.Y
` Steep Slope
Over 45°
(L•1 slope)
4 70-99
Asphalt shingles except on existing polo cottages and homes with existing asphalt or wood
shingles
Bright, unnaturalistic-looking roof material
Flat roofs visible over ten percent of total roof area, except when used at peaks to reduce roof
massing
Gambrel roofs
Glazed skylights on the streetside
Inconsistent roofing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory
structures)
Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll tile and similar tile styles in all districts except Place Au Soleil
S -Tile in all districts except Place Au Soleil
Solar panels on the streetside
CD70:47
GULF STREAM DESIGN MANUAL § 70-238
(b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a
transition between first and second stories. A few critical Stepbacks on a building are better than several
minor Stepbacks that only complicate the facade and create busy architecture.
(c) Preferred.
Balconies
Simple rectangular config-
urations
Single story garages
Smaller second story con-
figurations
Stepbacks to second story
(d) Discouraged.
Angular walls
Complex facade treatment
(excessive multi -layer
stepbacks)
Sec. 70-238. Roofs.
f
III 'l
li:,
Stepbacks, smaller second story, single story garage, and a balcony help to
articulate and give appropriate scale to this house (preferred).
(a) Required. Flat, white thru
and thru, smooth, un -coated file and gray slate tile may be permitted on homes that are predominately
Georgian or British Colonial with Bermuda influences. Flat, gray thru and thru, un -coated tile or
slate -like file may be permitted at the discretion of architectural review and planning board and town
commission through the Level III review process, subject to the architectural review and planning board
and the town commission making a determination that such alternatives are appropriate for the
neighborhood.
(b) Preferred.
Combination hip/gable
roofs
Decorative capped chim-
ney
Exposed rafter tails
Flashing, vent stacks, and
pipes painted to match ad-
jacent building surface
Hip roof
Low pitched roofs (6:12
slopes)
Roof overhang (2-2y2 feet)
Simple roof geometry em-
phasizing long horizontal
lines
White flat untextured tile Gulf Stream- Bermuda style white tile roof (required)
CD70:93
Roof Violations —Rita my thoughts
2520 Avenue Au Soleil
July 16, 2015
22-31 Prohibited
(14) Any building, structure, or other place or location where any activity which is in violation of
local, state, or federal law is conducted, performed or maintained.
NOTE: The "non -activity" constitutes a condition being maintained (unfinished roof system) which is
unsightly and unsafe.
(17) Any condition constituting afire hazard.
NOTE: The "unfinished" roof system leaving exposed underlay material rather a finished roof system
such as with concrete tile, allows for the more rapid ignitions and spread of a potential fire. In such an
event the spread of a fire could be harmful to nearby neighbors.
42-29. Construction Abandonment.
Failure of the permit holder or the property owner to complete construction once it has been
initiated within the timeframe of the building permit is a violation that will be referred to the special
master pursuant to Chapter 2, Article lll, Division2, of this Code.
NOTE: This permit has expired and an unfinished roof system presently exists. The application of the
top surface material has not been applied or installed.
70-238 Roofs.
Required. Flat, white thru and thru, smooth, un -coated tile and gray slate tile may be permitted
On homes that are predominately Georgian or Bristish Colonial with Bermuda influences.
NOTE: A tile roof is required which presently is only underlay material and covered with a tile material.
70-4 (c) Design standards.
(4) Prohibited. Prohibited items are design elements that do not maintain the desired character
or quality of the zoning district within which they are located and are not permitted under
current codes or regulations.
NOTE. An unfinished roof, such as is the case, without the top surface material applied or installed for
over two years, is a design element that does not exist in this district or entire Town. It is
distracting and tarnished the quality of the zoning district.
Addressed To:
Christopher O'Hare
2520venue Au Soleil
C�4treAn, FL, 33483
or
Agent Signature
R=1 RECEIPT
iS- Jf!J�
Article
199
Date Delivered
Page I of I
Incident Type:
Location of Incident:
Type of Premises:
Time of Call:
Time of Arrival:
Time Completed:
Officer Injured:
Date/Time Reported:
Occurred From:
Domestic:
Juvenile Involved:
Reporting Officer:
Gulf Stream Police Department
246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
NON CRIMINAL OFFENSE REPORT
POLICE SERVICE
2520 AVE. AU SOLEIL
GULF STREAM FL33483
RESIDENCE -SINGLE FAMILY
2000
2000
2005
NO
08/14/2015 20:00
NO
NO
OFC. CHRIS HAMORI
Zone:
Processed By:
Complaint Number:
OFC C HAMORI
Officer Killed/Assaulted: NO
INCIDENT SUMMARY
ON 08/14/2015 AT 2000 HRS ARTICLE 4199 WAS DELIVERED TO MR CHRISTOPHER OHARE AT 2520 AVE AU
SOLEIL.
15-1409
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
OONNA S. WHITE
August 14, 2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
Telephone
(561)276.5116
Fax
(561)737-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
Hand Delivery
Article #199
On August 29, 2011 the Town of Gulf Stream issued zoning approval
for the replacement of the roof on the home you own at 2520 Avenue
Au Soleil and issued Receipt Number 5777 to your contractor, Rooftec
Corporation. On August 30, 2011, the City of Delray Beach issued the
re -roofing Permit Number 11-135146 to Rooftec Corporation. The approved
permit covered re -roofing the structure with white thru and thru,
flat cement tile with no slurry coating or paint. This work was started
but has, to date, not been completed in conformity with the permit
that was issued.
Section 42-29 CONSTRUCTION ABANDONMENT states that failure of the
permit holder or the property owner to complete construction once it
has been initiated within the timeframe of the building permit is
a violation.
Section 70-238 ROOFS requires that roofs on homes that are predominately
with Bermuda influences have flat, white thru and thru, smooth, un -coated
tile. The roof is in violation as there is no tile in place.
Section 70-99 ROOF DESIGN, SLOPE AND MATERIALS (3) Prohibited lists
inconsistent roofing materials visible from the exterior the property,
except approved accent materials. The material that has been applied is
inconsistent with roofing materials visible from the exterior of the
property or with any other house in town and thus is in violation
of this section of the Code.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page 2
August 14, 2015
Christopher O'Hare
This is to be considered official notice to correct these violations
within 30 days of delivery and/or posting of this notice. It will be
necessary that you file a new application as there have been changes
in the Florida Building Code during this period of inactivity.
Failing to comply with this order shall result in an appearance before
the Special Magistrate and further action as provided in Chapter 2,
Division 2 of the Code of Ordinances, a copy of which is enclosed
along with copies of the Sections referred to herein.
Sincerely,
William H. Thrasher
Town Manager
Encls.
§ 2-42
GULF STREAM CODE
DIVISION 2. CODE ENFORCEI4IENT*
Sec. 2-66. Title.
This division may be Irnotrn and cited as the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2-67. Special magistrate term.
(a) There is hereby established a special mag-
istrate who shall be designated by the town
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall be appointed to
serve in an ex -officio capacity if the special mag-
istrate serves other local governments as a special
magistrate. Such service to other local govern-
ments does not create duties inconsistent with
serving as special magistrate to the Town of Gulf
Stream.
(c) The special magistrate shall be an attorney
and n member of the Florida Bar.
(d) The special magistrate shall serve at the
pleasure of the town commission.
(e) The special magistrate shall preside over
code enforcement matters scheduled to be heard
from time to time.
(f) Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shall be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of his/her duties.
(g) The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Special magistrates. F.S. § 162.03.
?:4
*State law reference—Code enforcement, F.S. ch. 162.
Sec. 2-68. Jurisdiction.
ADMLYISTRATION
(a) The special magistrate shall have the juris-
diction and authority to hear and decide any
alleged violations of the following chapters of the
Code and ordinances of the town as the same may
be amended from time to time:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
GO) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2-69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
S 2-69
tars, law enforcement officers, public works in-
spectors,fire safety inspectors, and zoning inspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2-75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2-75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation bas
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is Found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2-75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
CD2:5
§ 2-69
GULF STREAM CODE
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. § 162.06.
See. 2-70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
he recorded. The formal rules of evidence shall not
apply. Irrelevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
ovidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his/her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a till and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days after the
hearing. In the event the town prevails in prose-
cuting a case before the magistrate, it shall be
entitled to recover all costs incurred in prosecut-
ing the case before the special magistrate and
such costs may be included in the lien authorized
under section 2-72 of this chapter. Administrative
costs, for purposes of this section, shall be $150.00.
The order entered by the magistrate shall in-
clude, in the event of noncompliance, a finding of
noncompliance, that the violator is required to
pay the town administrative costs in the amount
of $150.00, that the order must be complied with
by a specified date and that a fine, as well as the
cost of'repairs, may be imposed if the order is not
complied with by such date. The administrative
costs shall be due regardless of whether the order
is complied with by the requisite slate. A certified
copy of'such order may be recorded in the public
records of the county and shall constitute notice
to any subsequent purchasers, successors in in-
terest, or assigns it' the violation concerns real
property, and the findings therein shall be bind-
ing upon the violator and, if the violation concerns
real property, any subsequent purchasers or suc-
cessors in interest or assigns.
(Ord. No. 06-02, § 1, 5-5-06; Ord. No. 09-6, § 1,
11-13-09)
State law reference Similar provisions, FS. § 162.07.
Sec. 2-71. Powers.
CD2:6
The special magistrate shall have the power to:
(1) Adopt rules f'or the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary lbr his/
her hearings, including, but not limited to
physical and documentary evidence such
as records, surveys, plats and photo-
graphs.
(4) Take testimony under oath
(5) Issue orders having the tierce and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2-72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2-72
which remain unpaid after a period of
three months.
In
ADMNISTRATION
(8) Authorize the reduction of any fine he/she
has imposed.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. g 162.08.
Sec. 2-72. Administrative fines, costs of re-
pair; liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. In addition, if the violation is
a violation described in subsection 2-69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
been made as provided in this section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a special magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However, if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
§ 2-73
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be recorded in the public record and thereaf-
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be a court judgment except
for enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the town
and the town may execute a satisfaction or re-
lease of a lien entered pursuant to this section.
After three months from the filing of any such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
may be foreclosed on real property which is a
homestead under Section 4, Article X of the State
Constitution.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference_ -Similar provisions, F.S. § 162.09.
Sec. 2-73. Duration.
No lien provided under this division shall con-
tinue for a period longer than 20 years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attor-
ney's fee, that it incurs in the foreclosures. The
town shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The
continuation of the lien effected by the commence-
ment of the action shall not be good against
CD2:7
§ 2-73
E
GULF STREAM CODE
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
(Ord. No. 06-02, § 1, 5-5-06)
Stale law reference—Similar provisions, F.S. § 162.10.
Sec. 2-74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate
review of the record created before the special
magistrate. The appeal shall be filed within 30
days of the execution of the order to be appealed.
(Ord. No. 06-02, § 1, 5-5-06)
Stale law reference --Similar provisions, F.S. § 162.11.
Sec. 2-75. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail,
roturn roceipt requested; by hand delivery by the
sheriffor other law enforcement officer, code in-
speclor, or other person designated by the local
governing body; or by leaving the notice at the
violator's usual place of residence with any person
residing therein who is above 15 years of age and
informing such person of the contents of the
notice.
(b) In addition to providing notice as set forth
in this section, at the option of the special magis-
trate, notice may also be served by publication or
posting, as Billows:
(1) Such notice shall be published once dur-
ing each week for four consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
Beach County, Florida. The newspaper
shall meet such requirements as are pre-
scribed under F.S. ch. 50 for legal and
official advertisements.
(2) Proof of publication shall be made as
provided in F.S. §§ 50.041 and 50.051.
(3) In lieu of publication as described in this
section, such notice may be posted for at
least ten days in at least two locations,
one of which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) Proorof posting shall be by affidavit of the
person posting the notice, which affidavit
shall include a copy of the notice posted
and the date and places of its posting.
(c) Notice by publication or posting may ram
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with proof orpublication m• post-
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not the alleged violator actually received such
notice.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, ES. § 162.12.
Sec. 2-76. Procedure to request that a fine
or lien imposed pursuant to sec-
tion 2-72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which a
fine has been imposed pursuant to section 2-72
may apply to the special magistrate, through the
town attorney or his/her designee, fur a satisfac-
tion of the fine with less than till payment
thereof. No such application shall be considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government -imposed liens against the sub-
ject real property have been paid.
(2) The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
(b) In considering an application to reduce a
fine or lien imposed pursuant to section 2-72, no
satisfaction thereof shall be approved by the spe-
CD2:8
A
AD\IMSTRATION § 2-80
cial magistrate with less than full payment thereof,
rite' term of imprisonment not to exceed 60 days,
unless the special magistrate shall make a spe-
in a municipal detention facility or other facility
cific finding that no violation of any ordinance
as authorized by law.
de -scribed in section 2-68 of this Code exists on
(Ord. No. 06-02, § 1. 5-5-06)
the subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2-72 that is reduced by the
special magistrate shall be paid on such terms as
approved by the special magistrate.
(d) If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi -government entity, the spe-
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a sat-
isfaction of the lien with less than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2.77. Provisions supplemental and cu-
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
any violation of the ordinances of the town, nor to
bar or prohibit the town from filing charges against
any person, firm or corporation violating any
town ordinance as provided by existing laws. This
division shall be construed to be supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions, F.S. $ 162.013.
Sec. 2-78. Alternative code enforcement pro-
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal ordinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defi-
CI
§ 42-27
GULF STREAM CODE
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(c) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the City of Delray Beach
in the amount of three times the regular fee due
to the City of Delray Beach shall be paid. In
addition, there shall be paid to the town a fee
three times the regular fee due the town.
(Code 1978, § 4-3; Ord. No. 89-6, § 1, 12-15-89;
Ord. No. 98-1, § 1, 4-14-98; Ord. No. 09-9, § 2,
11-13-09)
Sec, 42-28. County to process applications;
fees for service.
The county building department shall process
plans that are submitted in triplicate, checking
the same for compliance with the codes adopted in
this article, and will determine the amount of the
permit fee and supply a copy of the same to the
town. For this and the inspection service the
county shall charge the builder a permit fee as
established by the county building permit fee
schedule. The fee to the county shall be paid by
the builder at the time application for permit is
submitted to the county.
(Code 1978, § 4.4)
Sec. 42-29. Construction abandonment.
All authorized construction shall be completed
prior to the expiration of the building permit
issued by the county. The expiration of a building
permit shall be prima facie evidence that the
building project has not commenced or has been
abandoned.
Failure of the permit holder or the property
owner to complete construction once it has been
initiated within the timeframe of the building
Permit is a violation that will be referred to the
special master pursuant to Chapter 2, Article III,
Division 2, of this Code. Failure to restore the site
to its preconstruction conditions, including re-
moval of all structural improvements and place-
ment of sod on all disrupted portions of the site,
may result in a fine not to exceed $250.00 per
working day after the permit expires.
(Ord. No. 00-1, § 1, 3-10-00)
Editor's note—Ordinance No. 03-13, § 1. adopted October
10, 2003, repealed § 42-29. Formerly, such section pertained to
approval of supplier of water prior to permit issuance and
derived from § 4-6 of the 1978 Code. Subsequently. § 2 of same
ordinance renumbered § 42:10 as § 42-29.
Sec. 42-30. Driveway permits.
(a) Permit required. Construction or reconstruc-
tion of driveway aprons within town right-of-way
shall not commence until the town has issued a
driveway connection permit. The permit shall be
processed as a Level I site plan approval. The
town may impose reasonable conditions to ensure
that driveway run-off is directed away from the
roadway, to ensure free flow of drainage across
the base of the driveway apron where necessary
to reach existing or proposed drainage out -falls,
and to ensure proper connection with the travel
lane of the adjacent roadway.
(b) Properties fronting on SR AIA. Not with-
standing the foregoing, properties proposing ac-
cess to State Road AIA shall first obtain a drive-
way permit from the state department of
transportation.
(Ord. No. 00-1, § 2, 3-10-00)
Editor's note—Ordinance No. 03-13, § 3, adopted October
10, 2003. renumbered § 42-31 to § 42-30.
Secs. 42-31-42-50. Reserved.
CD42:4
70-99
GULF STREAM CODE
See. 70-99. Roof design, slope and materials.
Roofs are a major visual element and should be carefully considered as to the proportion, texture, color
and compatibility with both the house style and neighboring buildings. Similarities in roof types create
a visual continuity in the streetscape and neighborhood. Broad low roof lines with overhanging eaves
provide a reassuring sense of shelter and create shade for underlying windows.
(1) Preferred.
Exposed gutters and downspouts painted to match adjacent roof or wall material
Exposed rafter tails
Flashing, vent stacks, and pipes painted to match adjacent building surface
Gutters and downspouts designed as a continuous architectural feature
Hip or gable roofs
Low pitched roofs (under 28° or 6:12 slope)
Roof material true to architectural style
Roof overhangs (two to 21h, feet)
Roof pitches over porches or ancillary structures (under 45° or 1:1 slope)
Simple roof geometry
Tile roof material
(2) Discouraged.
Roof material uncharacteristic of architectural style or zoning district
"S" -shaped tile in some districts
Shed roofs
Steep slopes (over 45° or 1:1 slope)
CD70:46
GULF STREAM DESIGN N ANUAL
Very low pitched roofs (less than 18° or 5:12 slope)
(3) Prohibited.
Low Slope
Linder 28°
(6:12 slopel
Average Slope
28°45°
(6:1212-I:1)
j \
Sleep Slope
Over 45`
(la slope)
5 70-99
Asphalt shingles except on existing polo cottages and homes with existing asphalt or wood
shingles
Bright, unnaturalistic-looking roof material
Flat roofs visible over ten percent of total roof area, except when used at peaks to reduce roof
massing
Gambrel roofs
Glazed skylights on the streetside
Inconsistent roofing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory
structures)
Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll the and similar tile styles in all districts except Place Au Soleil
S -Tile in all districts except Place An Soleil
Solar panels on the streetside
CD70:47
Hip
Gable
Shed(Discouraeed)
Flat (Prahibited) I
Gambrel (Prohibited) I
Mansard (Prohibited)
(3) Prohibited.
Low Slope
Linder 28°
(6:12 slopel
Average Slope
28°45°
(6:1212-I:1)
j \
Sleep Slope
Over 45`
(la slope)
5 70-99
Asphalt shingles except on existing polo cottages and homes with existing asphalt or wood
shingles
Bright, unnaturalistic-looking roof material
Flat roofs visible over ten percent of total roof area, except when used at peaks to reduce roof
massing
Gambrel roofs
Glazed skylights on the streetside
Inconsistent roofing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory
structures)
Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll the and similar tile styles in all districts except Place Au Soleil
S -Tile in all districts except Place An Soleil
Solar panels on the streetside
CD70:47
GULF STREAM DESIGN MANUAL
70-238
(b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a
transition between first and second stories. A few critical Stepbacks on a building are better than several
minor stepbacks that only complicate the facade and create busy architecture.
(c) Preferred.
Balconies
Simple rectangular confie
orations
Single story garages
Smaller second story con-
figurations
Stepbacks to second story
(d) Discouraged.
Angular walls
Complex facade treatment
(excessive multi -layer
stepbacks)
Sec. 70-238. Roofs.
Stepbacks. smaller second stony, single stony garage, and a balcony help to
articulate and give appropriate scale to this house (preferred).
(a) Required. Flat, white thru
and thru, smooth, un -coated tile and gray slate tile may be permitted on homes that are predominately
Georgian or British Colonial with Bermuda influences. Flat, gray thru and thru, un -coated file or
slate -like file may be permitted at the discretion of architectural review and planning board and town
commission through the Level III review process, subject to the architectural review and planning board
and the town commission making a determination that such alternatives are appropriate for the
neighborhood.
(b) Preferred.
Combination hip/gable
roofs
Decorative capped chim-
ney
Exposed rafter tails
Flashing, vent stacks, and
pipes painted to match ad-
jacent building surface
Hip roof
Low pitched roofs (6:12
slopes)
Roof overhang (2-2 t/s feet)
Simple roof geometry em-
phasizing long horizontal
lines
White Hat unteetured tile Gulf Stream- llermuda shle white tilt roof (required)
CD70:93
RETURN RECEIPT
Addressed To:
Mr. or Nks. Christopher O'Hare
2520 Ave. Au Soleil
Gulf Stream, FL 33483
Article #
202
Signature o Ad a see
or Date Delivered
en tore
Qo c Gulf Stream Police Department
t1a 246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
Page I of 1
NON CRIMINAL OFFENSE REPORT
Incident Type: POLICE SERVICE
Location of Incident: 2520 AVE. AU SOLEIL
Name: CHRISTOPHER OHARE
Race: WHITE
Home Address: 2520 "EAU SOLEIL
GULF STREAM FL 33483
Zone:
Processed By:
1
Complaint Number: 15-2038
OFC TODD SUTTON
Officer Killed/Assaulted: NO
OTHER
Sex: MALE
INCIDENT SUMMARY
ON THE ABOVE DATE AND TIME I DELIVERED ARTICLE #202 TO MR. CHRISTOPHER O'HARE AT 2520 AVE. AU
SOLEIL.
NOTHING FURTHER.
GULF STREAM FL 33483
Type of Premises:
RESIDENCE -SINGLE FAMILY
Time of Call:
1920
Time of Arrival:
1920
Time Completed:
1925
Officer Injured:
NO
Date/Time Reported:
11/14/2015 19:20
Occurred From:
Domestic:
NO
Juvenile Involved:
NO
Reporting Officer:
OFC. TODD SUTTON
Name: CHRISTOPHER OHARE
Race: WHITE
Home Address: 2520 "EAU SOLEIL
GULF STREAM FL 33483
Zone:
Processed By:
1
Complaint Number: 15-2038
OFC TODD SUTTON
Officer Killed/Assaulted: NO
OTHER
Sex: MALE
INCIDENT SUMMARY
ON THE ABOVE DATE AND TIME I DELIVERED ARTICLE #202 TO MR. CHRISTOPHER O'HARE AT 2520 AVE. AU
SOLEIL.
NOTHING FURTHER.
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Z o n i n g D e p a r t m e n t P h . ( 5 6 1 ) 2 7 6 - 5 1 1 6
( 5 6 1 ) 7 3 7 - 5 1 1 6
C O D E E N F O R C E M E N T S P E C I A L M A G I S T R A T E F a x
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C A S E N O : C E 1 5 - 1
1 1 - 1 0 - 1 5
S T A T E M E N T O F V I O L A T I O N A N D N O T I C E O F H E A R I N G
P u r s u a n t t o s e c t i o n 2 - 7 5 o f t h e T o w n o f G u l f S t r e a m C o d e o f O r d i n a n c e , t h e u n d e r s i g n e d h e r e b y g i v e s
n o t i c e o f u n c o r r e c t e d v i o l a t i o n ( s ) o f t h e T o w n o f G u l f S t r e a m C o d e ( s ) m o r e p a r t i c u l a r d e s c r i b e d
h e r e i n , a n d r e q u e s t s a P U B L I C H E A R I N G b e f o r e t h e C O D E E N F O R C E M E N T S P E C I A L
M A G I S T R A T E o f t h e T o w n .
1 . L o c a t i o n / A d d r e s s w h e r e v i o l a t i o n ( s ) e x i s t ( s ) : 2 5 2 0 A v e n u e A u S o l e i l , G u l f S t r e a m , F I
2 . L e g a l D e s c r i p t i o n : L o t 3 6 , P l a c e A u S o l e i l S u b d i v i s i o n
3 . N a m e a n d a d d r e s s o f o w n e r / p e r s o n i n c h a r g e w h e r e v i o l a t i o n ( s ) e x i s t ( s ) : C h r i s t o p h e r F .
O ' H a r e a n d S h e l l e y L . C . O ' H a r e , 2 5 2 0 A v e n u e A u S o l e i l , G u l f S t r e a m , F L 3 3 4 8 3
4 . V i o l a t i o n o f T o w n C o d e S e c t i o n ( s ) a n d d e s c r i p t i o n ( s ) S e c . 4 2 - 2 9 C O N S T R U C T I O N A B A N D O N M E N T
F a i l e d t o c o m p l e t e c o n s t r u c t i o n w i t h i n t h e t i m e a m e o g . e n - u - - T e c . 0 - 2 3 8
R O O F S c a l l s f o r f l a t , w h i t e t h r u & t h r u , s m o o t h , u n - c o a t e d t i l e b u t n o t i l e h a s b e e n
p r o h i b i t s i n c o n s i s t e n t r o o f i n g m a t e r i a l s v i s i b l e f r o m e x t e r i o r o f p r o p e r t y o r w i t h
a n y o t h e r h o u s e i n t o w n , r n i i m a e r i a s e e n u t s o n
o f t h i s s e c t i o n .
( S E E A T T A C H E D " E X H I B I T S O F V I O L A T I O N " )
5 . D a t e o f F i r s t I n s p e c t i o n : . T u l e 1 7 . 2 0 1 5
6 . D a t e o w n e r f i r s t n o t i f i e d o f v i o l a t i o n ( s ) : A , s 1 4 2 0 1 5
7 . D a t e o n / b y , w h i c h v i o l a t i o n s a r e t o b e c o r r e c t e d : S e p t e m b e r 1 4 , 2 0 1 5
* * * * * * * * * * * * * * * * * * * * * * * * * * * I M P O R T A N T N O T I C E * * * * * * * * * * * * * * * * * * * * * * * * *
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C O N T A C T S T H E U N D E R S I G N E D C O D E I N S P E C T O R A T 5 6 1 - 2 7 6 - 5 1 1 6 t o v e r i f y
C O M P L I A N C E w i t h t h e T o w n C o d e ( s ) c i t e d h e r e i n , N O T I C E I S H E R B Y G I V E N T H A T A P U B L I C
H E A R I N G W I L L B E C O N D U C T E D f o r t h e a b o v e r e f e r e n c e d p r o p e r t y b e f o r e t h e T o w n o f G u l f
S t r e a m C o d e E n f o r c e m e n t S p e c i a l M a g i s t r a t e o n D e c e m b e r 4 2 0 1 r a t 1 0 A . M . o r a s s o o n t h e r e a f t e r
a s t h e c a s e c a n b e h e a r d i n t h e T o w n H a l l C o m m i s s i o n C h a m b e r l o c a t e d a t 1 0 0 S e a R o a d , G u l f
S t r e a m , F l o r i d a .
Y O U A R E R E Q U I R E D T O A P P E A R B E F O R E T H E S P E C I A L M A G I S T R A T E a t t h a t t i m e t o
a n s w e r a l l e g a t i o n s t h a t y o u h a v e v i o l a t e d t h e a b o v e c i t e d s e c t i o n s o f t h e C o d e o f O r d i n a n c e s o f t h e
T o w n o f G u l f S t r e a m . I F Y O U F A I L T O A T T E N D , t h e S p e c i a l M a g i s t r a t e m a y b a s e h i s / h e r f i n d i n g s
s o l e l y u p o n p r e s e n t a t i o n b y t h e T o w n C o d e I n s p e c t o r
W i l l i a m H . T h r a s h e r , T o w n M a n a g e r
T o w n o f G u l f S t r e a m
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEFORE
November 30, 2015 THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND
DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT
YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATIONS) IS/ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATIONS) IS/ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate finds that you have committed a violation, he/she may order IMMEDIATE
COMPLIANCE with the Code and if you fail to comply with such order within the time period set
forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining
in non-compliance.
If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES
CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN.
If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an
APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF
GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST
MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate with respect to any matters
considered at subject meeting, they will need a record of the proceedings, and for such -purpose, they
may need to ensure that a verbatim record of the proceedings is made, upon which record includes
testimony and evidence upon which appeal is to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By. Rita L. Taylor, Toiin Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276-5116
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
August 14, 2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
Telephone
(561)276-5116
Fax
(581)777-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Hand Delivery
Article #199
On August 29, 2011 the Town of Gulf Stream issued zoning approval
for the replacement of the roof on the home you own at 2520 Avenue
Au Soleil and issued Receipt Number 5777 to your contractor, Rooftec
Corporation. On August 30, 2011, the City of Delray Beach issued the
re -roofing Permit Number 11-135146 to Rooftec Corporation, The approved
permit covered re -roofing the structure with white thru and thru,
flat cement tile with no slurry coating or paint. This work was started
but has, to date, not been completed in conformity with the permit
that was issued.
Section 42-29 CONSTRUCTION ABANDONMENT states that failure of the
permit holder or the property owner to complete construction once it
has been initiated within the timeframe of the building permit is
a violation.
Section 70-238 ROOFS requires that roofs on homes that are predominately
with Bermuda influences have flat, white thru and thru, smooth, un -coated
tile. The roof is in violation as there is no tile in place.
Section 70-99 ROOF DESIGN, SLOPE AND MATERIALS (3) Prohibited lists
inconsistent roofing materials visible from the exteriorthe property
except approved accent materials. The material that has been applied is
inconsistent with roofing materials visible from the exterior of the
property or with any other house in town and thus is in violation
of this section of the Code.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page 2
August 14, 2015
Christopher O'Hare
This is to be considered official notice to correct these violations
within 30 days of delivery and/or posting of this notice. It will be
necessary that you file a new application as there have been changes
in the Florida Building Code during this period of inactivity.
Failing to comply with this order shall result in an appearance before
the Special Magistrate and further action as provided in Chapter 2,
Division 2 of the Code of Ordinances, a copy of which is enclosed
along with copies of the Sections referred to herein.
Sincerely,
William H. Thrasher
Town Manager
Encls.
S 2-42
GULF STREAM CODE
DIVISION 2. CODE ENFORCEMENT*
Sec. 2-66. Title.
This diNision may be known and cited as the
"Code Enforcement Ordinance of the torn of Gulf
Stream, Florida."
(Ord. No. 06-02. § 1, 5-5-06)
Sec. 2-67. Special magistrate term.
( a) There is hereby established a special mag-
istrate who shall be designated by the torn
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall be appointed to
serve in an ex -officio capacity if the special mag-
istrate serves other local governments as a special
magistrate. Such service to other local govern-
ments docs not create duties inconsistent with
serving as special magistrate to the Town of Gulf
Stream.
Ic) The special magistrate shall be an attorney
and a member of the Florida Bar.
(di The special magistrate shall serve tit the
pleasure of the town commission.
(c) The special magistrate shall preside over
code enforcement matters scheduled to be heard
from time to time.
(f) Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shall be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of his/her duties.
tg) The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference Special magistrates. F.S.. 162.03.
2:4
"State law reference—Code enforcement. F.S. ch. 162.
ADNITNISTRATION
Sec. 2-68. Jurisdiction.
(a) The special magistrate shall have the juris-
diction and authority to hear and decide any
alleged violations of the following chapters of the
Code and ordinances of the town as the same may
be amended from time to time:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses. Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(..0) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06-02, § 1. 5-5-06)
Sec. 2-69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
2-69
tors, law enforcement officers, public works in-
spectors, fire safety inspectors, and zoning inspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2-75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2-75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2-75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
CD2:5
C 2-69
GULF STREAM CODE
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Sirnilar provi.-ions, F.S. S 162.06.
See. 2-70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
or hus been repeated. Assuming proper notice of
hearint, has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules ofevidence shall not
apply. Irrelevant, immaterial and unduly reputi-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their ullitirs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidonce may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondont, or his attorney and the, town attorney
and his/her designee shall be permitted to inquire
of'any witness before the special magistrate. The
spocial magistrate may call any witness deemed
necessary to provide a tiill and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and. conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days after the
hearing. In the event the town prevails in prose-
cuting a case before the magistrate, it shall be
entitled to recover all costs incurred in prosecut-
ing the case before the special magistrate and
such costs may be included in the lien authorized
under section 2-72 of this chapter. Administrative
costs. for purposes of this section, shall be $150.00.
The order entered by the magistrate shall in-
clude, in the event of noncompliance, a finding of
noncompliance, that the violator is required to
pay the town administrative costs in the amount
of $150.00, that the order must be complied with
by a specified date and that a fine, as well as the
cost of repairs, may be imposed if the order is not
complied with by such date. The administrative
costs shall be due regard less of whether the order
is complied with by the requisite date. A certified
copy of such order may be recorded in the public
records of the county and shall constitute notice
to any Subsequent purchasers, successors in in-
terest. or assigns it' the violation concerns real
property, mid the findings therein shall be bind-
ing upon the violator and, if the violation concerns
real property, any subsequent purchasers or suc-
cessors in Interest oi• assigns.
lOrd. No. 06-02, a 1. 5-5-06; Ord. No. 09-6. § 1,
11-.13.09)
State law reference Similar provisions. N.S. i 162.07.
Sec. 2-71. Powers.
CD2:6
The special magistrate shall have the power to:
(1) Adopt rales 1'ur the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
Ther hearings, including, but not limited to
physical and documentary evidence such
as records, surveys. plats and photo-
graphs.
(4) Take testimony under oath
(5) Issue orders having the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondentls) within ten
working days thereafter.
(6) Establish and enforce fine., pursuant to
section 2-72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2-72
which remain Unpaid after a period (if'
three months.
ADMI]VISTRATION
(8) Authorize the reduction of any fine he/she
has imposed.
(Ord. No. 06-02, 5 1, 5-5-061
State low reference --Similar provisions. F.S. $ 162.08.
Sec. 2-72. Administrative fines, costs of re-
pair, liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. In addition, if the violation is
a violation described in subsection 2-69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
been made as provided in this section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a special magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However. if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
2-73
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be recorded in the public record and thereaf-
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be a court judgment except
for enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the town
and the town may execute a satisfaction or re-
lease of a lien entered pursuant to this section.
After three months from the filing of any such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
may be foreclosed on real property which is a
homestead under Section 4. Article X of the State
Constitution.
(Ord. No. 06-02, § 1, 5-5-061
State law reference—Similar prm isians, F.S. 6 162.09.
Sec. 2-73. Duration.
No lien provided under this division shall con-
tinue for a period longer than 20 years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party LS entitled to
recover all costs, including a reasonable attor-
ney's fee, that it incurs in the foreclosures. The
town shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The
continuation of the lien effected by the commence-
ment of the action shall not be good against
CD2:7
§ 2-7a
GULF STREAM CODE
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference Similar pruvisiona. KS. § 162.10.
Sec. 2-74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate
review of the record created before the special
magistrate. 'rhe appeal shall be filed within 30
days of the execution of the order to be appealed.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Simil:v pruviaion+. ba § 161.11.
Sea 2-75. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail.
return receipt requested; by hand delivery by the
shcrill' or other law enforcement officer, code iu-
spector, or other person designated by the local
govurninh body: or by leaving the notice at the
violator's usual place of residence with any person
n'siding therein who is above 15 years of age and
inibrining such person of the contents of the
notice.
(b) in addition to providing notice as set forth
in this section, at the option of the special magis-
trate, notice may also be served by publication or
posting, as follows:
(1.) Such notice shall be published once dur-
ing each week for tour consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
Beach County. Florida. The newspaper
shall meet such requirements as are pre-
scribed under F.S. ch. 50 for legal and
official advertisements.
t2) Proof of publication shall be made as
provided in F.S. §§ 50.041 and 50.051.
(3) In lieu of publication as described in this
section, such notice may be posted tin• at
least ten days in at least two locations,
one of which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) Prool'of postingshall be by affidavit of the
person posting the notice, which atlidavit
shall include a copy of the notice posted
and the date and places of its posting.
(c) Notice by publication or posting may rum
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery ar by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with proof of publication or post-
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not the alleged violator actually received such
notice.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference Similar provisions. F.S. § 162.12.
Sec. 2-76. Procedure to request that a fine
or lien imposed pursuant to sec-
tion 2-72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which a
fine has been imposed pursuant to section 2-72
may apply to the special magistrate, through the
town attorney or his/her designee, for a satisfac-
tion of the fine with less than full payment
thereof No such application shall be considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government -imposed. liens against the sub-
ject real property have been paid.
(21 The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
tb) In considering an application to reduce a
fine or lien imposed pursuant to section 2-72. no
satisfaction thereof shall be approved by the spe-
CD2:6
A.
AMILMSTRATION ; 2-80
vial magistrate with less than full payzrtent thereof,
niteIterm of imprisonment not to exceed 60 days,
unless the special magistrate shall make a spc
in a municipal detention facility or other facility
cific finding that no violation of any ordinance
as authorized by law.
de -scribed in section 2-68 of this Code exists on
(Ord. No. 06-02. § 1, 5-5-061
the subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2-72 that is reduced by the
special magistrate shall be paid an such terms as
approved by the special magistrate.
(d 1 If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi -government entity, the spe-
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a sat-
isfactinn of the lien with less than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06-02, § 1, 5-5-06)
Sec. 2.77. Provisions supplemental and cu-
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
anyviolation of the ordinances of the town, nor to
bar or prohibit the town from filing charges against
any person, firm or corporation violating any
town ordinance as provided by existing laws. This
division shall be construed to be supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord. No. 06-02, § 1, 5-5-06)
State law reference—Similar provisions. F.S. s! 162.013.
Sec. 2-78. Alternative code enforcement pro-
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal ordinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a deR-
CI
42-27
GULF STREAM CODE
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the towel a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six mouths.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the City- of Delray Beach
in the amount of three times the regular fee due
to the City of Delray Beach shall be paid. In
addition, there shall be paid to the town a fee
three times the regular fee due the town.
(Code 1978, § 4-3; Ord. No. 89-6, § 1, 12-15-89;
Ord. No. 98-1. ` 1, 4-14-98: Ord. No. 09-9, § 2,
11-13-09)
Sec. 42-28. County to process applications;
fees for service.
The county building department shall process
plans that are submitted in triplicate, checking
the same for compliance with the codes adopted in
this article, and will determine the amount of the
permit fee and supply a copy of the same to the
town. For this and the inspection service the
county shall charge the builder a permit fee as
established by the county building permit fee
schedule. The fee to the county shall be paid by
the builder at the time application for permit is
submitted to the county.
(Code 1978, 4 4-4)
Sec. 42-29. Construction abandonment.
All authorized construction shall be completed
prior to the expiration of the building permit
issued by the county. The expiration of a building
permit shall be prima facie evidence that the
building project has not commenced or has been
abandoned.
Failure of the permit holder or the property
owner to complete construction once it has been
initiated within the timeframe of the building
Permit is a violation that will be referred to the
special master pursuant to Chapter 2, Article III,
Division 2, of this Code. Failure to restore the site
to its preconstruction conditions, including re-
moval of all structural improvements and place-
ment of sod on all disrupted portions of the site,
may result in a fine not to exceed $250.00 per
working day after the permit expires.
(Ord. No. 00-1, § 1. 3-10-00)
Editor's note --Ordinance \u. 03-13. 1. adopted October
30. 2003. repealed § 4.2-29. Formerly. such section pertained to
approval of supplier of water prior to permit issuance and
derived from § 4-0 of the 1978 Code. Subsequently: 4 2 of amr.
ordinance renumbered § 4230 as § 42-29.
Sec. 42-30. Driveway permits.
(a) Permit required. Construction orreconstruc-
tion of driveway aprons within town right-of-way
shall not commence until the torn has issued a
driveway connection permit. The permit shall be
processed as a Level I site plan approval. The
town may impose reasonable conditions to ensure
that driveway run-off is directed away from the
roadway, to ensure free flow of drainage across
the base of the driveway apron where necessary
to reach existing or proposed drainage out -falls,
and to ensure proper connection with the travel
lane of the adjacent roadway.
(b) Properties Frontiug on SR AIA. Not with-
standing the foregoing, properties proposing ac-
cess to State Road AIA shall first obtain a drive-
way permit from the state department of
transportation.
(Ord. No. 00-1, § 2, 3-10-00)
Editor's note—Ordinance.Vo. 03-t:l, a.1. ndupted October
10. 2003, renumbered § 42-31 to § 42-30.
Secs. 42-3112-50. Reserved.
CD42:4
a 70.99
GULF STREAM CODE
Sec. 70-99. Roof design, slope and materials.
Roofs area major-, isual element and should be carefully considered as to the proportion, texture, color
and compatibility with both the house style and neighboring buildings. Similarities in roof types create
a visual continuity in the streetscape and neighborhood. Broad low roof lines with overhanging eaves
provide a reassuring sense of shelter and create shade for underlying windows.
(1) Preferred.
Exposed gutters and downspouts painted to match adjacent roof or wall material
Exposed rafter tails
Flashing, vent stacks, and pipes painted to match adjacent building surface
Gutters and downspouts designed as a continuous architectural feature
flip or gable roofs
Low pitched roofs (under 280 or 6:12 slope)
Roof material true to architectural style
Roof overhangs (two to 21/•_ feet)
Roof pitches over porches or ancillary structures (under 45° or 1:1 slope)
Simple roof geometry
Tile roof material
(2) Discouraged.
Roof material uncharacteristic of architectural style or zoning district
"S" -shaped the in some districts
Shed roofs
Steep slopes (over 45° or 1:1 slope)
CD70:46
GULF STREAM DESIGN INVO RAL t 70-99
Very low pitched roofs (less than 15° or 5:12 slope)
t
Hip
Gable
Shed Discouraeed)
Flat (prohibited) I
Gambrel (Prohibited)
Mansard (Prohibited)
(3) Prohibited.
Low Slope
Under 28°
(6:12 slope)
Average Slope
285°
(6:12-1:1)
�5•
Steep Slope
Over 45`
(1:1 slope)
Asphalt shingles except on existing polo cottages and homes with existing asphalt or wood
shingles
Bright, unnatmmlistic-looking roof material
Flat roofs visible over ten percent of total roof area, except when used at peaks to reduce roof
massing
Gambrel roofs
Glazed skylights on the streetside
Inconsistent roofing materials visible from the exterior of the property, except approved accent
materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory
structures)
Non-carthtone colors (except white). for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll the and similar tile styles in all districts except Place Au. Soleil
S -Tile in all districts except Place Au Soleil
Solar panels an the streetside
CD70:47
GULF STREAM DESIGN _NIA.\-U.AL S 70-238
(b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a
transition between first and second stories. Afew critical stepbacks on a building are better than several
minor stepbacks that only complicate the facade and create busy architecture.
(ci Preferred.
Balconies
Simple rectangular config-
urations
Single story garages
Smaller second story- con-
figurations
Stepback., to second story
)d) Discouraged.
Angular walls
Complex facade treatment
(excessive multi -layer
stepbacks)
Sec. 70-238. Roofs.
oMpeacKs, smaaer secanu stony, single story garage, and a balcony help to
articulate and give appropriate scale to this house (preferred).
(a) Required. Flat, white thru
and thru, smooth, un -coated tile and gray slate tile may be permitted on homes that are predominately
Georgian or British Colonial with Bermuda influences. Flat, gray thru and thru, un -coated tile or
slate -like tile may be permitted at the discretion of architectural review and planning board and town
commission through the Level III roview process, subject to the architectural review and planning board
and the town commission making a determination that such alternatives are appropriate for the
neighborhood.
(b) Preferred.
Combination hip/gable
roofs
Decorative capped chim-
ney
Exposed rafter tails
Flashing, vent stacks, and
pipes painted to match ad-
jacent building surface
Hip roof
Low pitched roofs (6:12
slopes)
Roof overhang(2-2V,feet)
Simple roof geometry em-
phasizing long horizontal
lines
White flat untextured file
vuu dream— nermuaa style white tile roof (required)
CD70:93
RETURN RECEIPT
Addressed To: Article
Christopher O'Hare 203
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Date Delivered
Page I of I
Incident Type:
Location of Incident:
Type of Premises:
Time of Call:
Time of Arrival:
Time Completed:
Officer Injured:
Date/Time Reported:
Occurred From:
Domestic:
Juvenile Involved:
Reporting Officer:
Name:
Race:
Home Address:
Gulf Stream Police Department
246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
NON CRIMINAL OFFENSE REPORT
POLICE SERVICE
2520 AVE. AU SOLEIL
GULF STREAM FL33483
RESIDENCE -SINGLE FAMILY
1920
1920
1925
NO
12/16/2015 19:20
NO
NO
OFC. TODD SUTTON
CHRISTOPHER OHARE
WHITE
2520 AVE AU SOLEIL
GULF STREAM FL 33483
Zone:
Processed By:
Complaint Number:
OFC TODD SUTTON
Officer Killed/Assaulted: NO
OTHER
Sex: MALE
INCIDENT SUMMARY
ON THE ABOVE DATE AND TIME 1 DELIVERED ARTICLE 4203 TO MR. CHRISTOPHER O'HARE AT HIS
RESIDENCE.
NOTHING FURTHER.
15-2258
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNAS. WHITE
December 15, 2015
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
Telephone
(561)276.5116
Fax
(561)777-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Hand delivered Article #203
As you are most likely aware, the continuation of your Special
Magistrate Hearing of December 4, 2015 has been scheduled to
be held on January 14, 2016 at 10:00 A.M. in the Commission
Chambers of the Town Hall located at 100 Sea Road, Gulf Stream,
Florida.
Very truly yours,
Rita L. Taylor
Town Clerk
CC: Attny. Roeder
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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