CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF MADEIRA BEACH CITY OF MADEIRA BEACH, CASE NUMBER: 2024.3730 Petitioner, VS. NJEPROPERTIES, INC., 121 129th Ave. E. Madeira Beach, FL 33708, Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW ANDORDER IMPOSING FINE AND CERTIFYINGLIEN THIS CAUSE came on to be heard at the public hearing before the undersigned Special Magistrate on September 23, 2024, after due notice to the Respondent, and the Special Magistrate having heard testimony under oath, received evidence, and otherwise being fully advised ini 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 testimony on behalfo ofthe City. No one appeared on behalf of the Respondent. The tenant, Dustin Griffins, provided testimony and admitted to the violation. The property in question is located at121 129th Ave. E., Madeira Beach, Florida 33708 ("Property"). The legal description for the Property is as follows: MITCHELL'S BEACH REVISED BLK 1,1 LOT 13 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 of Ordinances of the City ofl Madeira Beach to wit: Sec. 102-46.- When required. (c) No person shall erect, construct, maintain, alter, relocate, demolish, repair or paint or do any work upon a sign for which a permit has not been obtained. I 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 ofthe Hearing. Property into compliance is on or before October 23, 2024. ORDERED AND ADJUDGED AS FOLLOWS: 8. A reasonable period of time for correcting the above violations and bringing the BASED UPON THE FOREGOING FINDINGS OF FACT, IT IS HEREBY 9. The Respondent, and the Property at the above mentioned location, are found to be in violation of Section 102-46 oft the Code ofOrdinances oft the City ofl Madeira Beach. 10. The Respondent shall correct the above stated violations on or before October 23, 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 23, 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 3day ofOctober, 2024. BatRv Bart R. Valdes Special Magistrate A true and correct copy of this Findings of Fact was delivered by certified mail and regular mail to: NJEI Properties, Inc., 121 129th Ave. E., Madeira Beach, Florida 33708; and P.O. Box 14433, Tallahassee, Florida 32317; by electronic mail to Thomas Trask, Esq. tom@cigatomgaltegal; 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 3 day ofOctober, 2024. Betav- Bart R. Valdes 2 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 oft 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,Florida Statutes (2024). 3 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF MADEIRA BEACH CITY OF MADEIRA BEACH, CASE NUMBER: 2024.3738 Petitioner, VS. KARAS, ANTHONY, 14268 N. Bayshore Dr. Madeira Beach, FL 33708, Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW ANDORDER IMPOSING FINE AND CERTIFYINGLIEN THIS CAUSE came on to be heard at the public hearing before the undersigned Special Magistrate on September 23, 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 testimony on behalfofthe City. No one appeared on behalf oft the Respondent. No one provided public comment. The property in question is located at 14268 N. Bayshore Dr., Madeira Beach, Florida 33708 ("Property"). The legal description for the Property is as follows: MADEIRA MANOR LOT 13 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 oft the Code of Ordinances oft the City ofMadeira Beach to wit: Sec. 86-52.- When required. A person, firm or corporation shall not construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or erect, or construct a sign, or I install or alter fire extinguishing apparatus, elevators, engines, steam boiler, furnace, incinerator, or other heat producing apparatus, plumbing, mechanical or electrical equipment or any appurtenances, the installation of which is regulated by the land development regulations or other sections ofthe Code until a permit has been issued by the building official. When the cost of repair or modification does not exceed $500.00, does not result in a structural change, and does not require an inspection, a permit need not be issued by the building official. No permit is required for uncovered flat slabs of no greater than 50 square feet, for work of a strictly cosmetic nature (painting, wallpapering, carpeting, kitchen cabinets, etc.) or roof work less than $100.00 in value. The violations set forth above existed as of the date of the Notice of Violation A reasonable period of time for correcting the above violations and bringing the 7. 8. herein and at all times subsequent thereto up to the date oft the Hearing. Property into compliance is on or before October 23, 2024. ORDERED AND ADJUDGED AS FOLLOWS: BASED UPON THE FOREGOING FINDINGS OF FACT, IT IS HEREBY 9. The Respondent, and the Property at the above mentioned location, are found to be in violation of Section 86-52 ofthe Code ofOrdinances ofthe City ofMadeira Beach. 10. The Respondent shall correct the above stated violations on or before October 23, 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 23, 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 Sayo of October, 2024. BRU Bart R. Valdes Special Magistrate A true and correct copy of this Findings of Fact was delivered by certified mail and regular mail 2 to: Anthony Karas, 14268 N. Bayshore Dr., Madeira Beach, Florida 33708; by electronic mail to Thomas Trask, Esq. tom@eiyatoryslega, 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 3" day of October, 2024. BA.V 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 a hearing de nova but shall be limited to appellate review oft the record created before the Special Magistrate. An appeal shall be filed within 30 days of the execution of the order tol be appealed. $162.11, Florida Statutes (2024). 3