HONPNHE-HLS Special Magistrate Hearing August 15,2024, at 9:00. A.M. Howey-in the-Hills Town Hall 101 N. Palm Ave. Howey-m-the-Hil5, FL34737  MINUTES  C CALLTO ORDER- ZACHARY. J. MCCORMICK, SPECIAL MAGISTRATE  PRESIDING 9:00. A.M.  Special Magistrate, Zachary J. McCormick, called the Special Magistrate Hearing to Order at Special Magistrate McCormick reviewed and approved the minutes from the Apil 18,2024  Special Magistrate Hearing.  II. SWEARING IN OF ALL THOSE WHO WILLTESTIFY  Town Clerk, John Brock, swore in Code Enforcement Officer, Matt McDonald.  III. STATEMENT OF EVIDENCE IV. PUBLIC HEARINGS  1.) Subsequent Cases in Compliance - No Fine Due  A. CASE NO: CE-23-10-0136 OWNER: KALEBJ. ARELLANO  Code Enforcement Officer, Matt MacDonald stated that the owner had brought the  property into compliance and the case. has been closed out.  2.) New Case not in Compliance  B. SUZETTE AUTRAN & MATTHEW CRAM  CASE NO: CE-24-01-0008 OWNER: SUZETTE AUTRAN & MATTHEW CRAM OFFICER: MATTHEW McDONALD VIOLATION:  1/Page    Town of Howey-in-the-Hlls Land Development Code (LDC) Chapter 5.01.07(A).  ORDINANCE DESCRIPTION:  A 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 a permit is not required for minor repairs.  VIOLATION DESCRIPTION:  The rear vinyl fence was altered by adding a double gate without aj permit.  PARCEL #: 35202502000001700  PROPERTY ADDRESS: Alt Key #3891653 (731 Calabria Way,Howey-inhe-Hils, Code Enforcement Officer, Matt McDonald identified the case being brought before the Special Magistrate McCormick asked ift there was anyone present to respond to this matter. Special Magistrate McCormick identified that at the time was 9:04. AM there was Special Magistrate McCormick asked if the Town had proof ofservice. Officer Officer McDonald asked to introduce exhibits 1 through 15. The exhibits included: #1-3 pages - A copy ofthe Property Record card ànd a copy of the Warranty Deed #2-1 page - A copy of Building Permit 100-19FN (the original building permit for the #3-1 1 page - A picture oft the back ofthe fence from October 5, 2023, showing the fence #4-1j page - Aj picture of the back oft the fence from January 16, 2024, showing the fence #5-1 1 page.- - A screenshot oft the Town permit system showing that no building permit #6-1 page - Another screenshot from the Town's permitting system showing that there #7- 6 pages - 6 pictures showing the modified section of fencing, with the gate, with #8-2 pages - A copy oft the Notice of Violation that had been certified mailed on #9-1 page - A picture oft the Notice of Violation that had been posted at the house on #10-1 page - Aj picture of the Notice of Violation that had been posted at Town Hall on #11 -1j page = a copy oft the Affidavits of Posting for the 2 previous Notice of Violations.  FL: 34737) Magistrate.  no one responding.  McDonald showed proofofservicei inl his presentation.  fence pulled by the builder Dream Finders in 2019)  prior to being altered. have been altered with entry gates.  for altering the fence has been issued or approved. were no approved/issued fencing permits. dates ranging from June 13, 2024, to August 12, 2024.  4/10/2024. 4/10/2024. 4/10/2024.  2/Page    #12-1 page - A copy oft the Notice ofHearing and the Statement ofViolations. #13-2 pages - The tracking number and copy ofthe certified mailing of the Notice of #14-3 pages - Picture of the posting oft the Notice of Hearing and Statement of  Hearing. Violation.  #15-1 page - Affidavit of Postings.  Special Magistrate McCormick asked ifthe Town had ai recommendation in this matter. Officer McDonald stated that the Town was requesting a Comection/Compliance date of September 30, 2024, by Obtaining & Receiving al Final Inspection to close said Fence Permit or by returning the fence to its original condition by Removing the Rear Gate. If not in compliance by this date, the Town is requesting a $100 per day fine commencing on October 1, 2024. The property owner shall notify the Town when compliance has been accomplished. For the Findings ofFact hearing, the Town has incurred a cost of $67.16, which it is requesting reimbursement regardless ofift the property is brought into  compliance after the hearing.  Special Magistrate Ruling: Special Magistrate McCormick found that based on testimony from Officer McDonald, taken under oath, the respondent has failed to properly procure a permit for the installation of a double gate. Service of the Notice was made in accordance with the rule by way of posting it to the front door ofthe home, as well as publishing it in the Town Hall public bulletin board. Special Magistrate McCormick stated that he would follow the Town's s recommendation, that the property owner be brought into compliance by September 30, 2024, by either obtaining and receiving al Final Inspection to close said Fence Permit or by returning the fence to its original condition by Removing the Rear Gates. Ifthe property owner does not come in compliance by September 30, 2024, beginning October 1, 2024, a fine of$ $100 a day will accrue until the property owner does come into compliance. The Town is entitled to recoup its cost of $67.16 which is due as  of August 15, 2024.  V. ADJOURNMENT  Special Magistrate Hearing was adjourned at 09:20. AM.  Zachary J.J Special Magistrate  Tpve  SRTA ATTEST phhl   Bh Town Clerk  10/17 /2024  Date  3Page