HOBNHE-HILS Special Magistrate Hearing April 18, 2024, at 9:00 A.M. Howey-in the-Hills Town Hall 101 N. Palm Ave. Howey-n-tne-Hil5, FL: 34737  MINUTES  - CALL TO ORDER- SPECIAL MAGISTRATE ZACHARY J. MCCORMICK,  PRESIDING 9:00 A.M.  Special Magistrate, Zachary J. McCormick, called the Special Magistrate Hearing to Orderat  II. STATEMENT OF EVIDENCE  Code Enforcement Officer, Matt McDonald, read out loud the following statement: Town of Howey-in-the-Hils Code Officer McDonald. advised that all events occurred within the corporate limits of the Town. The Officer 's notes, case narratives, testimony, photographs, supporting documents and. PowerPoint presentation were all entered as part oft the official Town Clerk, John Brock, swore in Code Enforcement Officer, Matt McDonald and Kaleb  record. Arellano.  III. PUBLIC HEARINGS  A. KALEBJ-ARELLANO CASE NO: CE-23-10-0136 OWNER: KALEBJ-ARELLANO OFFICER: MATTHEW MCDONALD VIOLATION:  Town ofH Howey-mn-the-Hills Land Development Code (LDC) Chapter 5.01.07(A).  ORDINANCE DESCRIPTION:  Aj permit must first be obtained from the Town before any person erects, constructs, enlarges, alters, replaces any fence or wall regulated by this Chapter. The Town's building official may  determine that aj permit is not required for minor repairs.  1Page    VIOLATION DESCRIPTION:  A total of13 sections of vinyl fence panels were installed on a parcel without a building  permit.  PARCEL #: 2620250100D2700600  PROPERTY ADDRESS: Alt Key #1255261 Sixth Ave, Howey-in-the-Hils, FL3 34737 Code Enforcement Officer, Matt McDonald, identified the case being brought before the Special Magistrate McCormick asked the respondent to come before the podium and identify Officer McDonald asked toi introduce a packet of25 pages as exhibits #1 through #6. They  Magistrate.  himself. Kaleb Arellano approached and identified himself.  included:  #1-2 2 pages - A Property Record Card and Warranty Deed #2-2 pages - Pictures oft the fence that was erected on the property  #3-9 pages - Copies ofl Notices and pictures of Notices and where they were posted #5-7 pages - Printouts of email correspondence between the officer, the respondent, the Building Official's permit tech, 11 letter sent from the respondent to the Code Enforcement Officer, and 1 letter sent from the Code Enforcement Officer to the respondent #6-1p page - A Screen capture oft the Town's permitting software showing that no permits Special Magistrate McCormick asked for evidence and testimony from the respondent, Kaleb Mr. Arellano stated that he owned the vaçant lot off of6 6th Street that Officer McDonald had referenced. Mr. Arellano stated that last fall he was at his property doing work on it and noticed a lot of drug activity on the next-door property, with many cars coming and going and parking on his property. Mr. Arellano stated that trash and drug paraphernalia was being discarded on his property. Mr. Arellano said that he was concerned about liability due to what he had witnessed, sol hel had the fence erected on the border between the two properties Mr. Arellano stated that he received ai notice from the Town on October 31, 2023, about the fence being constructed without aj permit. Mr. Arellano stated that he applied for aj permit on November 17, 2023, and was told that he needed to submit a survey with his permit application. Mr. Arellano stated that he requested that a site plan that he had submitted with the permit be accepted instead ofthe survey. Mr. Arellano stated that he never received a clear message from the Town on whether the site plan would work instead oft the survey. Mr. Arellano stated that he received another notice about the issue on March 4, 2024. Mr. Arellano stated that he left several messages for Officer McDonald that were: not returned until March 25, 2024. Mr. Arellano said that he was informed at that time that a survey was required and that the site plan would not be accepted as a survey. Mr. Arellano stated that  #4 - 4 pages - Affidavits ofposting  were pulled for the fencing  Arellano.  without aj permit.  2Page    Officer McDonald informed him that he either needed to get a survey of the property or take Mr. Arellano requested one oft the following four solutions: 1) His original site plan be accepted instead of a survey. 2). A plot plan be accepted instead of survey. 3) The legal description of the property be accepted. instead oft the survey. 4). A signed letter from) his Special Magistrate McCormick asked Code Enforcement Officer McDonald ifhe would like Officer McDonald stated that as: far back as October 31, 2023, hel had clearly communicated tol Mr. Arellano that he needed aj permit (which requires the survey), or he needed to remove Special Magistrate McCormick asked Officer McDonald ift the Town would be willing to accept one ofthe requested alternatives to a survey. Officer McDonald stated that the Town would not accept an alternative as the requirement for a survey was codified in the Town's Special Magistrate Ruling: The respondent was given 30 days to procure the services ofa surveyor or remove the fence. No fines or fees would be issued at the time oft the ruling. If the fence remains past the thirty days and no suryeyor was procured, on the 31St day, fines will begin to accrue at ai rate of$100 a day until compliance. Ifthe respondent is able to procure a surveyor within 30 days, but the surveyor cannot survey the property within 30 days the respondent could submit evidence to that fact to the Town Clerk who would then then add this case to the docket for the next Special Magistrate Hearing. Ifthe respondent submits evidence of procuring a surveyor within 30 days and the case: is added to the next docket, Special Magistrate McCormick stated he would forego fines until the next Special Magistrate Hearing, however ift the Magistrate finds at the next hearing that the respondent did not make a goof faith effort inj procuring a survey fines will be made retroactively to back Special Magistrate McCormick then modified the ruling. The modified ruling stated that the. respondent. had 30 days to provide proof of! procuring the services ofa a surveyor from the date of the hearing or remove the fence. Ifthe respondent had not provided the Town with proof ofhiring a surveyor or removed the fence ini the 30 days, fines will begin on the 31St day after  down the fence.  neighbor stating that he agrees with the location of the fence.  toi respond.  the: fence.  Land Development Code.  to the 31st day.  the hearing at a rate of $100 a day.  3/Page    V.ADJOURMMENT  Special Magistrate McCormick reviewed and approved the minutes from the November 16,  2023, Special Magistrate Hearing.  Special Magistrate Hearing was adjourned at 09:36. AM.  E ATTEST,  Jobn Brock, Town Clerk  Zacharylj Special Magistrate  Bee  Date: 8/15/3024  4IPage