CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF MADEIRA BEACH CITY OF MADEIRA BEACH, CASE NUMBER: 2022.3526 Petitioner, VS. VESTGAARDEN, TOVI, 590 Normandy Rd. Madeira Beach, FL33708, Respondent. ORDER EXTENDING COMPLIANCEI DEADLINE THIS CAUSE came on to be heard for public hearing before the undersigned Special Magistrate at 2:00 p.m., on August 26, 2024, on Respondent's Motion for Extension of Time to Comply with Magistrate's Order, and after due notice to the Respondent, and the Special Magistrate having considered the Respondent's request for an extension of the compliance deadline, heard argument of counsel, heard evidence and otherwise being fully advised in the premises, ITI IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: 1. The Respondent's Motion for Extension of Time to Comply with Magistrate's Order is granted to the extent that the deadline for compliance set forth in the Findings OfFact, Conclusion Of Law And Order Imposing Fine dated March 5, 2024, is extended to September 25, 2024. DONE. AND ORDERED this q'day of September, 2024. BuhJ Bart R. Valdes Special Magistrate A true and correct copy of this Order Extending Compliance Deadline was delivered by certified mail and regular mail to: Tov I. Vestgaarden, 590 Norman Rd., Madeira Beach, FL: 33708; by electronic mail to Thomas Trask, Esq. temeayatonysiega, and by U.S. Mail and e- mail transmission to the City of Madeira Beach, Clara VanBlargan, 300 Municipal Dr., Madeira Beach, Florida 33708, on this 5day of September, 2024. BWtAV Bart R. Valdes APPEALS An aggrieved party, including the local governing body, may appeal a final administrative order of a Special Magistrate to the circuit court. Such an appeal shall not be al hearing de nova but shall be limited toa appellate review of the record created before the Special Magistrate. An appeal shall be filed within. 30 days of the execution oft the order to be appealed. $162.11. Fla. Stat. (2024) 2 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF MADEIRA BEACH CITY OF MADEIRA BEACH, CASE NUMBER: 2023.3699 Petitioner, VS. PAIRODOCS, LLC, 314 129th Ave. E. Madeira Beach, FL 33708, Respondent. FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER IMPOSING FINE AND CERTIFYING LIEN The Findings Of Fact, Conclusions Of Law, And Order Imposing Fine And Certifying Lien entered in this case on August 6, 2024, is hereby set aside and is replaced in its entirety by this Findings OfFact, Conclusions OfLaw, And Order Imposing Fine And Certifying Lien. THIS CAUSE came on to be heard for public hearing before the undersigned Special Magistrate on August 26, 2024, after due notice to the Respondent, and the Special Magistrate having heard testimony under oath, received evidence, and otherwise being fully advised in the premises, hereby finds as follows: Findings of Fact: 1. 2. 3. 4. The City was represented by the City Attorney, and Grace Mills, provided William Karnes, the duly authorized representative of the Respondent, appeared testimony on behalfofthe City. on behalf oft the Respondent and admitted to the violations. No one provided public comment. The property in question is located at 314 129th Ave. E., Madeira Beach, Florida 33708 ("Property"). The legal description for the Property is as follows: WILLIAM'S, BILL MADEIRA HARBOR SUB 2ND ADD BLK. 1,LOT2 5. 6. Proper notice was served upon the Respondent via certified mail, regular mail, The Respondent was notified that Respondent was in violation of the following posting or hand delivery in accordance with Chapters 162 and 166, Florida Statutes. sections of the Code ofOrdinances of the City of] Madeira Beach to wit: Sec. 14-91.- Declaration of unfit structure. Whenever the enforcing authority finds that any structure constitutes a hazard to the safety, health, or welfare of the occupants or to the public because it lacks maintenance or because it lacks the sanitary facilities or equipment or otherwise fails to comply with the minimum provisions of this article, he may declare such structure as unfit for occupancy and order it to be vacated. It shall be unlawful to again occupy such structure until it or its occupation, as the case may be, has been made to conform to the law. (Code 1983, $ 6-221) Sec. 14-69.- Same- Maintenance of the exterior of premises. The exterior of premises and all structures thereon including but not limited to private property and vacant lots shall be kept free of all hazards to the health, safety and welfare of persons on or near the premises. It shall be the duty of the owner/occupant of (3) Overhanging or overhead objects which are loose, insecurely fastened or otherwise constitute a danger of falling on persons or property by reason of their location above (8) Any condition on private property which evidences rodent, vermin, pest, or insect such property to promptly abate or remove the same. the ground shall not be stored or maintained on private property. infestation, nesting or habitation is prohibited. Sec. 14-70.- Same- General maintenance. (2) Floors, interior walls and ceilings of every structure shall be structurally sound. (3) Floors shall be considered to be structurally sound when capable of safely bearing imposed loads and shall be maintained at all times in a condition SO as to be smooth, (4) All roofs shall have a suitable covering free of holes, cracks or excessively worn surfaces, which will prevent the entrance of moisture into the structure and provide reasonable durability. Metal roofs showing signs of corrosion shall be painted with an approved product or have similar protective coating applied in accordance with the (6) Supporting structural members are to be kept structurally sound, free of (7) Walls and ceilings shall be in good repair, free from excessive cracks, breaks, loose plaster and similar conditions. Walls shall be provided with paint, wall covering (9) All premises shall be properly connected to and be provided with electric power through safely insulated conductors and shall conform to al provisions of the National (13). Exterior porches, landings, balconies, stairs and fire escapes shall be provided with railings properly designed and maintained to minimize the hazard ofpeople falling, and the same shall be kept structurally sound, in good repair and free from defects. free from cracks, breaks and other hazards. manufacturer's specifications. deterioration and capable of bearing imposed loads safely. materials or other protective covering. Electrical Code. 7. The violations set forth above existed as of the date of the Notice of Violation herein and at all times subsequent thereto up to the date oft the Hearing. 2 8. A reasonable period of time for correcting the above violations and bringing the BASED UPON THE FOREGOING FINDINGS OF FACT, IT IS HEREBY Property into compliance is on or before October 10, 2024. ORDERED AND ADJUDGED AS FOLLOWS: 9. Madeira Beach. The Respondent, and the Property at the above mentioned location, are found to be in violation of Section 14-91, 14-69, and 14-70 of the Code of Ordinances of the City of 10. The Respondent shall correct the above stated violations on or before October 10, 2024, by taking the remedial action as set forth in the Notice of Violation, and as stated on the record at the Hearing. 11. Upon complying, the Respondent shall notify the Code Compliance Officer, at the City of Madeira Beach, who shall then inspect the property to confirm compliance has been accomplished. 12. If the Respondent fails to timely comply with the remedial actions as set forth above, a fine shall be imposed, in the amount of $250.00 per day for the violations set forth in Paragraph 6 above for each day the Respondent has failed to correct the violations after October 10, 2024, and the fine shall continue to accrue until such time as the Property is brought into compliance. 13. The Special Magistrate does hereby retain jurisdiction over this matter to enter such other and further orders as may be just and proper. DONE. AND ORDERED this day of September, 2024. Baave Bart R. Valdes Special Magistrate A true and correct copy of this Amended Findings of Fact was delivered by certified mail and regular mail to: Pairodocs, LLC,314 129th Ave. E., Madeira Beach, Florida 33708; and 5837 Teal Lane, Long Grove, IL 60047; by electronic mail to Thomas Trask, Esq. tom@eigatomgsltegal; and by U.S. Mail and e-mail transmission to the City of Madeira, Beach, Clara VanBlargan, 300 Municipal Dr., Madeira Beach, Florida 33708, on this 97 day of September, 2024. BtAVE Bart R. Valdes 3 APPEALS An aggrieved party, including the local governing body, may appeal a final administrative order ofa Special Magistrate to the circuit court. Such an appeal shall not be a hearing de nova but shall be limited to appellate review of the record created before the Special Magistrate. An appeal shall be filed within 30 days of the execution oft the order to be appealed. $162.11,1 Florida Statutes (2024). 4