[0:00] Do you have internet on here at all? We do. Because I have the county reg on stormwater.

[0:08] Okay, 203.00. Which is in the, yeah, LDR. LDR. We're going to get more complaints about it,

[0:24] but it's not going to be due, unfortunately. That's the first amendment issue, and we're going to get this off.

[0:33] Probably have to go into the Munich code. Oh, Munich code.

[0:39] Yeah. Yeah, we've got it here. Except it's foolish again. Thank you. Code into it.

[0:51] I should have pulled that myself. I apologize. I thought it was our code.

[0:57] Well, I would usually have access to my laptop and be able to do it myself in real time.

[1:01] 203.00. Yeah, it's interesting. It's in the land development regulations.

[1:17] Maybe you're going to have to go back to your first page. Okay.

[1:30] And maybe you went in the code and you just go, yeah, back. Okay. Back at the arrow. Yeah. At the top.

[1:38] Oh, actually, it might be. Did we confirm that it's Volusia County, not New Smyrna? Because I was just, I was thinking it was.

[1:47] Oh. I'm looking right now at it might be. Okay. Maybe that's it. Maybe that's our problem.

[1:55] I'm checking the codebook right now.

[1:58] 202.00. It's North Dixie Highway. It's got a New Smyrna address.

[2:08] That's not always just positive. Unfortunately, that I will.

[2:19] Oh, it is New Smyrna. 203.00. Yeah, if I could have that because you don't have any way of printing it, right?

[2:29] I think I may. Could you have them hooked up? I'll leave this with you. Thank you.

[2:36] Okay. No, I do not have a printer. Okay, never mind. All right. I've got it right here. Thank you so much. Teamwork.

[2:44] I love these things downstairs for a reason.

[2:55] Interesting. Okay. Two minutes to help. Thank you, Ken. Of course.

[3:02] Oh, is it? I just can't see far away. I can't see the computer.

[3:09] My old eyes. Where you going? My old eyes.

[3:16] Oh, my young one.

[3:20] I ain't got nothing. Get surgery. I can't see the camera.

[3:26] Okay, so we're good all distanced. Ready to think about this here.

[3:36] Here's what I'm going to do right now.

[3:42] We did orders in there. Oh, super. Yeah, I'll probably just look at them at the end of this, looking over at it.

[3:49] If we have time.

[3:55] Okay.

[4:13] Good morning, everyone. I'd like to call this hearing of the Special Magistry for Code Enforcement on January 22nd, 2020,

[4:23] to order. And I'll, at this time, approve the minutes.

[4:33] The procedures of this hearing are that we provide due process to each respondent and the city in accordance with Florida Statutes Section 162.073,

[4:44] which states the formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceeding.

[4:50] Here say is admissible, but only to support other competent substantial evidence.

[4:55] Are there any questions?

[4:58] Seeing none, any decision made today can be appealed by sending a notice of appeal to the circuit court within 30 days of the execution of the order per 162.11.

[5:09] Would the clerk please swear in all those present who are going to testify?

[5:13] Yes.

[5:14] If you plan to testify, yes. Please stand and raise your right hand.

[5:19] In the matter to which you are about to give testimony, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

[5:26] Thank you.

[5:28] The witnesses have been sworn.

[5:29] Thank you very much.

[5:31] So we begin with Old Business.

[5:33] Yes, we do.

[5:34] Old Business case CESM 2019, 18255.

[5:39] The owner, the case officer is Herman Troutwine.

[5:43] The location is 895 Old Mission Road.

[5:46] The owner is Dolores Sanchez.

[5:59] What is your...

[6:00] Okay.

[6:01] Is that...

[6:02] Yeah.

[6:03] This is 895 Old Mission Road, case number 18255.

[6:10] Property owner is Dolores Sanchez.

[6:12] This property is zoned MH5.

[6:15] On September 25, 2019, the special magistrate found Dolores Sanchez and or entity in violation of Volusia County Code 72-287, parking and storage of vehicles, shelters, or watercraft.

[6:32] Also, Volusia County Code 72-341, administration for funds permit and gave until September 30, 2019, to bring the property into compliance.

[6:44] The board order was mailed certified mail to the property owner and was returned to code enforcement as not delivered.

[6:52] The board order was posted on the property October 10, 2019.

[6:56] On October 23, 2019, the special magistrate imposed a fine of $200 a day for the violation of Volusia County Code 72-287 and a $50 a day fine for the violation of Volusia County Code 72-341.

[7:14] Both fines began September 30, 2019 and ran per day until the violation ceased to exist.

[7:22] On November 19, 2019, code enforcement received a call from the property owner to inspect the property.

[7:28] Upon inspection, we found the property in compliance of 72-287, which is the parking of the RV, but not in compliance with the fence violation.

[7:40] On November 25, 2019, another inspection was requested and upon inspection, we found the property in compliance of 72-341.

[7:51] The recommendation to the special magistrate to find the law is such as in compliance with Volusia County Code 72-287 on November 19, 2019 and in compliance with Volusia County Code 72-341 on November 25, 2019.

[8:10] The fine ran for 51 days for 72-287 at $200 a day and it's a total of $10,200.

[8:21] The fine ran 56 days for Volusia County Code 72-341.

[8:30] That was $50 a day and that was $2,800 total.

[8:37] Alright, is that all you have?

[8:46] Yes ma'am, I just wanted the compliance letter to know how much the fine is totaled so a letter could be sent out from the city.

[8:55] Okay, so that's how much the lien is going to be?

[8:59] Yes ma'am.

[9:00] Alright, and is anyone here on this matter?

[9:05] This is 890, which one is this?

[9:10] 895 Old Mission Road.

[9:12] 895 Old Mission Road?

[9:14] No, okay.

[9:16] Alright.

[9:20] Okay, moving on to the next speaker.

[9:23] Sorry about that.

[9:28] No problem.

[9:33] I find that responded in this case failed to correct the violations by the time specified in the prior order in this case.

[9:41] And the fine will be imposed at set fourth in that order with the fine running on 72-287 until November 19 and on 72-3341 until November 25.

[9:57] The 72-287 would be a $10,200 total and the 72-341 would be a $2,800 total.

[10:08] The violation has since complied on November 19 for the one fine and November 25 for the other.

[10:16] And therefore a fine in the total amount of, looks like it is $13,000?

[10:27] Yes ma'am, total.

[10:28] $13,000 total is hereby imposed.

[10:34] Did I get everything in there?

[10:35] Yes ma'am, you sure did.

[10:36] Okay, alright.

[10:37] Thank you.

[10:38] Thank you.

[10:39] Just for everyone's ease of use, the gentleman in the audience is here for CESM 2019-18567 at 1911 Jungle Road.

[10:50] Should we go ahead and hear that case?

[10:53] Does the city have an objection to hearing that case out of order?

[10:58] Okay.

[10:59] And that is which one?

[11:01] That is new business number four.

[11:05] New business number four.

[11:08] That's case CESM 2019-18567.

[11:14] The case officer is Aster Lee Rook.

[11:18] The location is 1911 Jungle Road.

[11:22] The owner is Timothy Kennedy.

[11:37] Good morning.

[11:38] Good morning.

[11:41] This property is owned R4A, Urban Single-Family Residential and is in the county but is within

[11:46] the Interlocal Service Agreement for us to do the enforcement in the city.

[11:51] The violation is cited for County Code 72341B, which states no structure shall be erected,

[11:58] moved or altered without first applying for and obtaining a permit.

[12:03] On November 11, 2019, I was parked reviewing some paperwork and a citizen from a prior case

[12:09] on Jungle Road approached me and said that they were in belief that there may be some

[12:15] transients or other people living in a recently erected shed on the property at 1911 Jungle Road.

[12:23] I did an in-drive by inspection and I did observe that there was in fact a newer looking shed

[12:29] on the property and a computer check later that day showed that there had been no permit

[12:34] for that property.

[12:36] Also, in addition, an aerial photo of the area from January of 2019 showed that that shed

[12:45] at that time was not on the property.

[12:48] On November 14th, I completed a notice of violation with a compliance date of December 6

[12:53] and a hearing date in front of the magistrate of today.

[12:56] I took the notice of violation once at the property and I met with Mr. Kennedy who is listed

[13:01] on the property appraisal site as the owner of the property.

[13:04] I explained why I was there and we reviewed the notice of violation.

[13:08] At that time, another gentleman came around a corner of the house, Mr. Janssen.

[13:14] Okay, and he asked what was going on and I explained to him that I was discussing

[13:23] the shed with Mr. Kennedy as Mr. Kennedy was listed as a property appraiser.

[13:30] Mr. Kennedy did advise that it was Mr. Janssen who had actually brought the shed onto the property

[13:35] and I explained to both that according to the property appraisers, Mr. Kennedy would be the only person listed

[13:41] on notice of violation at that time because he was the only person listed as the property owner.

[13:47] I did ask what the shed was being used for and I was told that it was going to be used

[13:54] and was being used to store motorcycle parts and to at times construct some custom motorcycles.

[14:01] A copy of the notice of violation was also certified to Mr. Kennedy at the address

[14:08] and according to the U.S. Postal Service, it was accepted on the 14th of November.

[14:13] It moved through a few different post offices until November 20th and as of this morning,

[14:19] it is still en route to our track to be delivered to its final destination where I have no idea.

[14:25] But the original one was hand delivered to Mr. Kennedy.

[14:31] In addition, on the several drive-by inspections of the property including as early as 6 a.m.,

[14:38] it appeared that you can see by some of the pictures that there's an area of it

[14:46] that appears to enter off of a porch and there appears to be a small table in there

[14:52] with a table lamp on it and it almost gives you the appearance of possibly a living area.

[15:00] In addition to that, the only people I see going in and out of it on foot go through a back fence and then I have seen Mr. Jantz on several occasions.

[15:13] He pulls his motorcycle in and leaves it outside, covers it with a tarp and then enters the shed.

[15:20] I don't know if you're using it as a shed for storage or garage. It does have a pull-down ramp on the east side of it.

[15:28] Sorry, sir. You will have an opportunity to speak in just a moment, please.

[15:34] I'm just saying I have never until now seen the inside of it. I'm just giving an opinion on some inspections that I drove by.

[15:42] Anyway, and what I was told initially by the complainant.

[15:47] Okay. I do have some photos.

[15:56] I think they're... Yeah, that's it.

[15:59] On the 6th of December, a permit was applied for through the building department and was working its way through the process.

[16:06] But on January 16th of 2020, it was denied for a zoning issue concerning minimum setbacks from the property line.

[16:16] And the diagram that I saw attached to those comments indicated it may actually be extended over the property line.

[16:23] Given that the application for the permit has been declined, I request the ministry rule that the property is in noncompliance

[16:30] and set a new compliance date to February 21st, which is a full month from now to allow this issue to be either resolved with the city one way or the other.

[16:39] And if the property is not brought in and complied by that date, that a fine at a subsequent hearing be levied in the amount of $50 per day.

[16:47] And the 72-341 reference there administration, is that a specific violation?

[16:57] 341B.

[16:58] Okay. So there's two listed, 341B and then 341, but 341B is the violation.

[17:05] Yes.

[17:07] Okay.

[17:08] Okay.

[17:09] I thought I'd only check the, oh, and then on the bottom, an additional information where I put the highlighting mark C below where you check off the, I said 72341B.

[17:23] And I rewrote what it said, no structure shall be erected.

[17:26] Understood.

[17:27] Okay.

[17:28] Great.

[17:29] Do you have anything further?

[17:30] No.

[17:31] Not at this time.

[17:32] All right.

[17:33] If you'd like to come forward and please state your name and address and respond to, I'm sorry, sir, you go right to the podium there.

[17:46] And when you're done before you leave, if you just put your name and address.

[17:49] Okay.

[17:50] Sure.

[17:51] My name is Dave Jansen.

[17:53] I'm the co-owner.

[17:54] I have a copy to D right here.

[17:58] Okay.

[17:59] Sure.

[18:00] If you'd like it, is that for us to keep?

[18:02] What's that?

[18:03] Is that for us to keep?

[18:05] No, I don't have a copy of it.

[18:06] Okay.

[18:07] Do you have to make a copy?

[18:08] Yeah.

[18:09] If you'd like to just walk it over, I'll take a look at it.

[18:12] Okay.

[18:13] Oh, great.

[18:14] Thank you.

[18:15] Okay.

[18:16] Appreciate it.

[18:17] Yeah.

[18:18] The shed is used for storage of motorcycle parts and motorcycles.

[18:23] There's about three motorcycles in there that are on wheels and then there's a few engines and some other parts.

[18:31] That's what I'm using it for.

[18:33] Okay.

[18:34] So you're not staying overnight on the property?

[18:37] No.

[18:38] Oh, yeah.

[18:39] On the property, yeah.

[18:40] I have a bedroom in there.

[18:41] We both live in the house.

[18:42] Understood.

[18:43] Okay.

[18:44] And I'm trying to get to a point where I can remodel the house.

[18:49] I moved in like a few years ago, three years ago, and started working on the house.

[18:57] And then we had two hurricanes, knocked down a bunch of trees and stuff.

[19:02] And so I had to get all that taken care of.

[19:06] In fact, this property line has moved in.

[19:12] The fence that's been there since the 50s is not the property line anymore.

[19:16] I didn't know that.

[19:17] I got a survey done and I see that the property line is 16 feet on the other side of the fence.

[19:26] Okay.

[19:27] All right.

[19:28] So what are your plans for the shed then to try to bring it into compliance?

[19:31] Well, my original plans was to not have the shed.

[19:35] I was going to build a garage on the side of the house.

[19:38] Thank you.

[19:39] And so I changed, you know, my plans changed because I had hurt my knee cleaning up

[19:45] all that hurricane damage.

[19:47] Uh-huh.

[19:48] And so I decided to buy one of those pre-fed sheds.

[19:53] And around the first of last year, I decided to get one.

[19:58] And so I ordered it and I was getting the paperwork from them.

[20:02] We're going to come and get a permit because there has to be site work done.

[20:07] I've got to build like a pad.

[20:08] Yes.

[20:09] You know, put it on some concrete pads.

[20:11] I was going to set it on that and put a little driveway in.

[20:16] But in March, first week in March, my knee replacement, I went septic.

[20:24] And I had a heart attack and I almost died.

[20:28] Oh, my goodness.

[20:29] And I was in rehab for like seven and a half, almost eight weeks.

[20:34] And I was taking intravenous antibiotics.

[20:38] And I'm still on antibiotics to this day.

[20:41] Wow.

[20:42] And I'll be on them until April.

[20:44] Okay.

[20:45] So are you planning then?

[20:47] Well, let me finish.

[20:49] I ordered the shed and it was supposed to be there in nine weeks.

[20:54] I put half the money down.

[20:56] And six weeks later, the guy calls me up, says I got one here just like you ordered.

[21:02] And I'll give you a break on the price you take it now.

[21:05] Okay.

[21:06] And I had just gotten out of rehab and I was still working on the walker.

[21:09] So I know I couldn't put it where I was going to put it because the site work

[21:14] wasn't done.

[21:15] So I put it there where it is now.

[21:17] All right.

[21:18] So what are your plans?

[21:20] Well, I would like to do what I started.

[21:24] Put a pad down, you know, like a house pad tomorrow.

[21:29] And I want to go six inches above the crown of the road.

[21:33] And I have enough, you know, fall there for a drink.

[21:38] My experience is, you know, during this hurricane stuff, there was four to six

[21:42] inches of water there.

[21:43] Sure.

[21:44] So I'd like to build that up and put it there on some concrete pads where I can

[21:49] bolt it right down to that.

[21:51] Okay.

[21:52] So, yeah.

[21:53] So the city was giving you until February 21st.

[21:58] I don't think I'm going to be able to do that.

[22:01] One thing I'm not even supposed to be doing any lifting or anything until after

[22:06] April.

[22:07] Okay.

[22:08] But I want to get a proposal together and get bids to get the pad done.

[22:14] And there's got to be some tree stops removed and one tree cut down.

[22:20] All right.

[22:21] Well, you know, you have been given time up to now to try to straighten it

[22:27] out.

[22:28] And I understand you've had medical issues.

[22:30] But what is the date that you can commit to getting the pad done and

[22:36] moving that?

[22:37] I understand that you've got the medical issues done.

[22:39] Could it get 60 days to get a proposal together?

[22:44] So you're talking about a new building permit application that would

[22:49] show a shed in a different location.

[22:52] Yeah.

[22:53] That could schedule the pads that I'm going to put in the house pad.

[22:56] Okay.

[22:57] So you're wanting more, like, March date for compliance to get the

[23:02] permit in, the permit application in?

[23:04] Yeah.

[23:05] Then it could be approved or whatever, you know.

[23:08] Okay.

[23:09] So I get started on working on it.

[23:12] Yeah.

[23:13] So could I get the city's response to that request?

[23:17] Sure.

[23:18] I need to speak.

[23:20] Well, the only issue I have with the property, no matter what was

[23:26] told to me, is that it was brought in set up and is being

[23:30] used currently as a shed without any permit.

[23:34] And I don't know if there would have been a permit applied for had

[23:38] I not, you know, started this.

[23:42] This is since November.

[23:44] The permit was applied for in early December and it was

[23:48] denied for zoning.

[23:49] So I don't know until the zoning issue gets taken care of

[23:53] if the city will entertain.

[23:55] I can't speak for them.

[23:56] I don't know if they will entertain even new property lines

[24:01] and it sounds like there's a fence that's in the wrong place

[24:04] and trees that have to come down.

[24:06] In the meantime, I don't know.

[24:11] That is, that's a building department issue.

[24:14] How long it would take them to do that?

[24:16] I would, I would think it would take quite a while.

[24:18] The issue I have from code enforcement is a shed was

[24:21] brought in.

[24:22] It was dropped.

[24:23] It was used currently, you know, as a shed and there's no permit

[24:27] for it.

[24:28] That's my only concern.

[24:29] Okay.

[24:30] So if Mr. Janssen would agree not to use it, would you feel

[24:35] like March would be a date?

[24:38] I mean, if he can put an application in that meets the

[24:42] zoning code in the building code?

[24:45] Yeah, I'm fine with that.

[24:47] The only thing I actually want is code compliance.

[24:51] It has to be a permit.

[24:52] Okay.

[24:53] And it should have all taken place before.

[24:55] And I understand the shed maybe came early and all that,

[24:59] but to just simply set it up and use it.

[25:02] And then, you know, a couple months later, here's a code

[25:05] guy, but he's in a permit file.

[25:09] You know, that's all we're seeking is compliance with

[25:13] the code to have the building permit it and properly

[25:16] construct it.

[25:17] Okay.

[25:18] All right.

[25:19] Do you have a date in March?

[25:21] If we picked a date to work with the new...

[25:24] I don't have the March board date, but perhaps a week

[25:27] or 10 days before that.

[25:29] Do you give me time to...

[25:34] March 11th.

[25:35] March 11th works.

[25:36] Okay.

[25:37] All right.

[25:38] Okay.

[25:39] Thank you.

[25:40] Mr. Janssen, did you understand everything that was

[25:43] said there?

[25:44] Okay.

[25:45] So we're going to give you till March...

[25:47] I wanted to say is that, you know, I did have the

[25:50] intention to get the permit, but it was going to be

[25:52] a permit to remodel the house, do some plumbing

[25:55] work and electrical work out to the shed, and

[25:58] possibly put an addition on.

[26:00] So there was more going on there, and I didn't

[26:04] have the proposal together, the work together

[26:07] because I got ill.

[26:08] Okay.

[26:09] Well, the city's giving you some...

[26:11] I wasn't going to remodel the house and do all

[26:14] the work and not get a permit.

[26:18] Okay.

[26:19] Understood.

[26:20] So the city is giving you some extra time.

[26:23] I'm sorry.

[26:24] Please.

[26:26] I did just realize when he said plumbing and

[26:29] electrical, there's power to the shed and...

[26:32] It's a cord.

[26:33] Okay.

[26:34] I was simply going to ask through you how it was

[26:37] getting power now because I didn't know if there

[26:39] was, you know, not going on the property in the

[26:41] back.

[26:42] I didn't know if there was utility work that was

[26:44] done that maybe shouldn't have, but if he says

[26:46] there's a cord, there's a cord.

[26:48] But there is electricity going to it.

[26:50] I was a little concerned at that point.

[26:52] Yeah.

[26:53] Okay.

[26:54] All right.

[26:55] So Mr. Janssen, you need to make sure you work

[26:59] closely with the building department and in

[27:04] applying for this permit on the proper

[27:07] location for the shed, and you need to get

[27:10] their guidance so that this doesn't happen again

[27:13] because you only have till March 11th, so you

[27:16] need to get the survey to them and everything

[27:18] else that they need so that you...

[27:20] Well, I got a survey done.

[27:21] Got it.

[27:22] So you need to get with them on that.

[27:24] And since you don't have much time, but the

[27:27] city is willing to give you Mr. Will because

[27:29] suggested March 11th.

[27:31] I appreciate it.

[27:32] All right.

[27:33] Okay.

[27:34] Do you have anything further?

[27:35] I don't know if I can.

[27:36] Thank you very much.

[27:37] And in the meantime, if you would stop using the

[27:40] shed, because it's considered a hazard when it

[27:47] hasn't been inspected and so forth, and it's

[27:50] improper to be using it at this point.

[27:54] And if I might, just a point of clarification.

[27:56] Yes.

[27:57] I don't believe that you'll need a permit for

[27:59] all the work you plan on doing for your

[28:00] house or model.

[28:01] This is just for the erection of the shed.

[28:03] So that's a separate issue.

[28:04] So you won't need to do all of that process in one go.

[28:07] We just need to get the shed itself permitted as a

[28:09] new structure.

[28:12] We'll start with that.

[28:13] I'll put an electrical one pulling into the shed.

[28:17] That's...

[28:18] Yeah.

[28:19] Okay.

[28:20] Yeah.

[28:21] Bob will be able to reference that.

[28:25] So the case today is basically on your shed.

[28:28] Right.

[28:29] So what we're asking for is for you to submit

[28:32] the plans to the building department.

[28:35] And if you're going to have plumbing or

[28:37] electrical running to the shed, that should be

[28:40] part of the permit that you're submitting

[28:42] for the shed.

[28:43] Right.

[28:44] The house remodel and all that stuff is going

[28:46] to be a separate permit, and you can submit

[28:49] that at a later date, but you must have

[28:51] everything submitted and started by March 11

[28:54] for the shed.

[28:56] Okay.

[28:57] Thank you, Bob.

[28:58] Okay.

[28:59] All right.

[29:00] Mr. Janssen, are you done speaking?

[29:02] Mr. Janssen?

[29:03] Oh, yeah.

[29:04] Okay.

[29:05] We got it.

[29:06] Okay.

[29:07] Great.

[29:08] We got it pretty much figured out.

[29:09] Thank you very much.

[29:10] I thank you.

[29:11] I find respondent in this case some violation

[29:13] of city code as charged, and that respondent

[29:15] correct the violation before 1 p.m.

[29:17] on March 11, 2020.

[29:19] In the case number.

[29:20] In the event, respondent does not comply

[29:22] by this date.

[29:23] Oh, we didn't say what the fine would be.

[29:25] Yeah.

[29:26] Oh, you did.

[29:27] 50.

[29:28] I find in the amount of $50 per day

[29:30] will be imposed for each day the violation

[29:32] continues past the aforesaid date.

[29:34] The respondent is further ordered to contact

[29:36] the code inspector to verify compliance

[29:38] with this order.

[29:39] Thank you.

[29:42] Okay.

[29:43] Okay.

[29:44] All righty.

[29:45] So, that brings us back to...

[29:52] So, new K...

[29:54] Let's see.

[29:55] You have new business.

[29:57] Stopper plate number two is...

[30:00] Is that right?

[30:01] I didn't even realize that.

[30:03] One was withdrawn.

[30:04] One was withdrawn.

[30:06] Two is also withdrawn.

[30:09] I don't believe so.

[30:11] No, 1159.

[30:13] He did.

[30:14] Let's see if your case is withdrawn.

[30:16] Is that one withdrawn?

[30:17] 1159 North Dixie. That's not withdrawn, right?

[30:20] That's Barb's.

[30:21] That's withdrawn.

[30:23] That's withdrawn.

[30:24] That's withdrawn.

[30:25] This way.

[30:26] That's yours.

[30:28] Is that one?

[30:29] 1159.

[30:31] Oh, we'll wait for Lee.

[30:33] We'll wait for him to come back.

[30:35] Thank you.

[30:36] You can do.

[30:37] Yeah.

[30:38] Okay.

[30:39] Yeah, this is actually going to be withdrawn.

[30:41] Lee met with the owner.

[30:43] I believe it was yesterday.

[30:44] Oh, I'm sorry.

[30:45] Oh, cool.

[30:46] Yeah, I didn't realize.

[30:48] That's okay.

[30:49] All right.

[30:50] There we go.

[30:51] So moving on to case CESM to 2020, 1-8664.

[30:58] That's Officer Troutline.

[31:00] Location is B-54375 South Atlantic Avenue.

[31:06] Owner is JoLynn Haven Trust of Robert C. Haven.

[31:16] Okay.

[31:18] In this case, code cited as for permits, NSB code 26171.

[31:26] This property is owned R6 on November 19, 2019.

[31:31] Code enforcement received a complaint regarding the deck that was built without a permit.

[31:36] This came from a city building official that was over in the area.

[31:41] On December 19, an inspection was conducted and the property was found to be in violation

[31:52] of NSB code 26-171 for permits.

[31:59] On December 18, 2019, a notice of violation was posted on the property with initial

[32:09] compliance date of January 10, 2020.

[32:13] A copy was also certified mail to the property owner.

[32:16] And upon tracking through the US Postal Service, there's no record of delivery.

[32:21] As of today, January 22, 2020, a follow-up inspection on the city computer system

[32:29] showed no permits been applied for.

[32:33] Basically, when I went to this property, when the complaint came in,

[32:37] I put a door hanger up.

[32:39] They didn't do anything, so I went back and put a regular notice of violation when nobody called us.

[32:48] It's my recommendation to the special magistrate to find JoLynn Haven Trust

[32:54] and trust of Robert C. Haven and or entity in violation of NSB code 26171

[33:00] and give until February 21, 2020 to bring the property into compliance.

[33:07] And they just need to apply for a permit for that day.

[33:12] If the owner does not come into compliance, it's my recommendation to impose a fine of $25 a day

[33:19] until the property is brought into compliance by, they need to apply for a permit.

[33:24] All right.

[33:25] Is anyone here on this matter?

[33:28] Could I just ask, you said that you didn't hear from the owner?

[33:34] No, I went over there.

[33:35] There was a bunch of properties here.

[33:37] There's actually two more adjacent to it that have contacted me.

[33:43] And they've got to do things such as get a survey and do a few items.

[33:48] And they asked for, if I could give them extra time.

[33:52] So I gave them until next month to get all their stuff into the building department.

[33:56] But this particular property did not call.

[33:59] And I even went so far as to ask the people that did call me to, hey, do you know the owner of this?

[34:05] Can you contact who's ever, because it's a trust, who's ever in charge of it,

[34:12] because you all did the work.

[34:14] All the decks join each other to let them know to contact the city.

[34:20] Nobody's contacted me.

[34:22] So this is just the next step.

[34:24] Okay.

[34:25] And so the certified notice went to the Orlando address, I'm guessing.

[34:33] And nobody signed for it?

[34:36] No.

[34:37] The postal service just came back as not delivered.

[34:41] Okay.

[34:43] It went to 7658 Torino Court.

[34:46] Okay.

[34:48] All right.

[34:49] Perfect.

[34:51] I find respondent in this case and violation of city code has charged and that respondent

[34:56] correct the violation before 1pm on February 21, 2020.

[35:00] In the event respondent does not comply by this date,

[35:03] a fine in the amount of $25 per day will be imposed for each day.

[35:07] The violation continues past the aforesaid date.

[35:09] The respondent is further ordered to contact the code inspector to verify compliance with this order.

[35:15] Thank you.

[35:16] Thank you.

[35:18] Okey-dokey.

[35:20] So we've already heard the next case in line.

[35:24] So we're going to skip over to new business item number five, which is CESM 2020 18676.

[35:33] That's Officer Trotwine.

[35:35] Location is 812 E6 Avenue.

[35:38] The owner is Chisholm Charles E. Chisholm Estate.

[35:44] Can you give me one second?

[35:46] Sure.

[35:47] So we're looking at, I'm trying to look at two different agendas.

[35:51] I think this is the one that got added.

[35:53] Chisholm 812.

[35:55] Okay.

[35:56] So that's five, five.

[36:00] Here it is.

[36:04] Okay.

[36:05] Ready.

[36:06] Okay, ma'am.

[36:09] 812 E6 Avenue.

[36:11] This property is owned R2.

[36:14] December 16, 2019, code enforcement received a complaint regarding this property being rented without a VTR.

[36:23] On December 16, an inspection was conducted and the property was found to be in violation of NSB code 74-146.

[36:32] A door hanger was left on the property, which gave seven days to address the situation before a formal notice of violation would be issued.

[36:42] The owner did not get in touch with code enforcement.

[36:45] So on December 31, 2019, a notice of violation was posted on the property with an initial compliance date of January 15, 2020.

[36:55] A copy was also mailed, certified mail to the property owner.

[36:59] And according to the United States Postal Service, there was now an authorized recipient for the mail.

[37:08] On January 22, 2020, today, a follow-up inspection with the city's computer system shows no VTR has been applied for and I've had no contact with the property owner.

[37:21] It's my recommendation to the special magistrate to find Charles M. Chisholm Estate and or entity in the violation of NSB code 74-146 and give until February 15, 2020 to apply for a VTR

[37:36] property into compliance. If the owner does not come into compliance, it's my recommendation to impose a fine of $25 a day until the property is brought into compliance.

[37:47] I've been over there several times. There was several other things going on. The boat was parked on the right of way.

[37:56] There was like a basketball goal out on the right of way. They took care of all that, but they just never got the business license.

[38:03] Yes, and so under the statutes, we're up at a maximum fine of $250, right Barb? $250, yeah, yeah.

[38:14] One time.

[38:16] Okay.

[38:18] Okay. Is there anyone here on this matter?

[38:22] Seeing none, I find responded in this case in violation of city code as charged and that responded correct the violation before 1 p.m. on February 15, 2020.

[38:31] And the event responded does not comply by this date of finding the amount of $250 will be imposed.

[38:38] The respondent is further ordered to contact the code inspector to verify compliance with this order.

[38:44] Thank you.

[38:45] Thank you. I think I got the next one, too.

[38:47] All right. So that is repeat business case CESM 2020-182-17, Officer Trotwine.

[38:55] Location is 111 North Peninsula. The owner is Kathleen M. Brown.

[39:03] Okay. This property is owned by 3A.

[39:08] On August 22, 2019, code enforcement received an email complaint for vetting a home in disrepair.

[39:16] On August 22, 2019, an inspection was conducted and the property was found to be in violation of NSB codes.

[39:24] Code 26914, number 239 and 13.

[39:32] Number 22 is exterior surfaces.

[39:34] Number 3 is the protection of exterior surfaces.

[39:37] Number 9 is for trash and debris.

[39:40] Number 13 is for outdoor storage and they all fall under NSB code 26914.

[39:49] On August 23, 2019, a notice of repeat violation was posted on the property.

[39:55] The property copy was also certified mail to the property owner and was signed for and accepted on August 26, 2019 at 1042.

[40:05] On September 9, 2019, code enforcement had a meeting with representative Mark Rakowski of the Land Planning and Development Company

[40:18] and was hired by the property owner to develop a plan to bring the property into compliance with city code.

[40:27] Me and my supervisor went over the violations with him to bring the property into compliance with the city code.

[40:35] He asked that the property owner be given more time as the home needed a lot of attention.

[40:41] Number enforcement gave until the end of the year as we were told that the owner was doing much of the work herself and will have to obtain permits and also complete the work.

[40:53] I've met with this property owner several times.

[40:56] They did submit a plan.

[40:57] We gave them to the end of the year and in between that I've met with the property owner several times to obtain updates on the status of this property.

[41:08] On January 21, yesterday a follow-up inspection showed significant progress being made to the property.

[41:17] However, there's more that needs to be done to bring the property into compliance.

[41:24] We've been trying to work with this property owner for more than two years and I would like to request this case be continued until the February Special Magistrate hearing

[41:35] and if the owner by that date fails to finish the work by the February Magistrate date of February 26, 2020,

[41:46] then it's my recommendation to find Kathleen M. Brown and her entity in violation for a repeat violation of NSB code 26914, number two and three

[41:57] and impose a fine of $50 a day commencing on today January 22, 2020 and continuing until the property is brought into compliance.

[42:09] She's done a lot of work.

[42:11] The property is obviously looking better, but she's still in violation of the codes for the exterior surfaces and the protection of the exterior surfaces.

[42:23] All she's got to really do is finish painting the trim on the house.

[42:28] She's trying, that's why.

[42:31] The reason why I asked for the fine to be magnated until today is because this has been going on and off with her for two years and it's taken a lot of our time

[42:43] and the city's just invested a lot of time into this property.

[42:50] Okay.

[42:51] I had a question about the notices with the address the same as what the property appraiser shows the post office says insufficient address.

[43:06] I'm curious what the deal is.

[43:10] I just want to be sure she gets.

[43:12] Excuse me.

[43:13] You're in contact with her, but that she gets.

[43:15] What we're finding recently, there's been a few cases that we get them back and they actually do not have mailboxes at their home.

[43:24] So it goes back through the system.

[43:27] We've dealt with a couple like this in the last couple of months and for whatever reason, now maybe she removed her mailbox because she was working on the siding and stuff.

[43:37] So there was no place for him to leave the mail, but there are other locations that were running into the same situation and they just don't have a mailbox at their house.

[43:46] Interesting.

[43:47] Yeah.

[43:48] Okay.

[43:49] I've been in contact with her with the email and actually met with her earlier this month and or actually it was right before Christmas.

[44:03] I met with her and she wants to get her house into compliance and she's trying obviously to do that.

[44:12] It's just, I kind of feel like if the city just lets this go and complies it, it'll stop right there and no more work will be done.

[44:21] Understood.

[44:22] Understood.

[44:23] So could we just make sure that at least we give her the order continuing it and find an email?

[44:32] Sure.

[44:33] I'll contact her via email and then the order will be sent to her as well.

[44:37] Yeah.

[44:38] I can go post it on her house as well.

[44:41] It'll be sent to her, but apparently it doesn't get to her.

[44:44] Yes, ma'am.

[44:45] Yeah.

[44:46] I'll go post it.

[44:47] Okay.

[44:48] So all you're asking for today is a simple continuance and then we'll deal with the repeat in February if we have to.

[44:54] Absolutely.

[44:55] Okay.

[44:56] Understood.

[44:57] I continue this case to the February.

[45:00] We're a 26, 2020 special magistrate hearing to be dealt with at that time.

[45:09] Thank you.

[45:10] Thank you.

[45:11] Okay.

[45:12] That was our last case.

[45:15] Last case?

[45:16] Mm-hmm.

[45:17] No.

[45:18] We stand adjourned.

[45:19] Wonderful.

[45:20] Okay.

[45:21] Thank you all for coming.

[45:27] Okay.

[45:28] Do I need to retake that and get that to you?

[45:43] No.

[45:44] Okay.

[45:45] I can, and I forgot to put the number up at the top.

[45:47] All right.

[45:48] Thank you.

[45:49] Okay.

[45:50] This is the trust one.

[45:53] Oh, that's the new one.

[46:00] Okay.

[46:01] That was four.

Code Enforcement Special Magistrate Regular Meeting

Transcript