TOWN OF HAVERHILL MINUTES SPECIAL MAGISTRATE HEARING March 25, 2025 Present: Special Magistrate William P. Doney, Code Enforcement Officer (CEO) Joseph Petrick, Town Attorney John Foster, Town Administrator Tracey Stevens, Deputy Town Clerk Jean Wible, Assistant Town Clerk Virginia Botello and Councilmember Ray Caranci. I. CALL TO ORDER: The meeting was called to order at 9:00 A.M by Special Magistrate William P. Doney. II. APPROVAL OF MINUTES: Special Magistrate Doney approved the minutes ofFebruary 25, 2025. III. SWEARING IN OF WITNESSES: Special Magistrate Doney administered Oath to Code Enforcement Officer Joseph Petrick and Assistant Town Clerk Virginia Botello. CODE ENFORCEMENT VIOLATION HEARINGS: CASE NO. 25-00005 COMPLIED MALISZEWSKI, ARTUR 791 MIMOSA CT HAVERHILL, FL 33415 PCN: 22-42-43-35-24-002-0140 LEGAL DESCRIPTION: WOODLAND TERRACE NO 2 LT 14 BLK 2 NATURE OF VIOLATION: Chapter 58 Article IX Division 1 Section 58-329 - Home Occupations Chapter 58 Article IX Division 1 Section 58-331 - Accessory buildings and storage sheds Code Enforcement Officer (CEO) Petrick determined the Respondent complied prior to the Special Magistrate hearing, therefore, no reason to move forward with the case at this time. 1 CASE NO. 24-00140 FALLAS, JEANETTE & JORGE 1131 NEW PARKVIEW PL HAVERHILL, FL 33417 PCN: 22-42-43-26-24-000-0130 LEGAL DESCRIPTION: PARKVIEW PLACE LT 13 NATURE OF VIOLATION: Chapter 14 Section 14-7 Unsafe Buildings and Structures Code Enforcement Officer (CEO) Petrick testified that this case was in reference to a Single-Family property that had their roofin disrepair for an extended period. He stated it was at least two (2): years. The roofwas then repaired without obtaining a building permit from the Town. He stated that a Courtesy Notice was issued on July 24, 2024, and required thirty (30) days to repair and obtain a building permit. He stated that he was contacted by Respondent Jeanette Fallas who was argumentative and uncooperative. He stated that she had reminded him of a conversation they had a couple ofyears ago regarding an insurance claim issue that had been going on for years. CEO Petrick told her that due to the length of time that the roof had been in disrepair, he would have to move forward with the Code Enforcement process. Mrs. Fallas then informed him that they were represented by an Attorney and the Town would receive a letter from their office. CEO Petrick stated that by August 26, 2024, no building permit application had been submitted to the Town and the roof remained in disrepair. A Notice of Violation (NOV) and Notice ofHearing (NOH) were issued for Code Section 58-584 for roof in disrepair. He stated that after the NOV and NOH were issued, the Town was contacted by the Respondents Attorney's office where ways to come into compliance were discussed. He stated that the case was put on hold as the Respondents, their Attorney and the Insurance company were working towards compliance. CEO Petrick stated that on November 18, 2024, he observed the rooftiles back on the roof without a building permit obtained by the Town. He stated that he contacted the Respondents and once again Respondent Jeanette Fallas was argumentative and uncooperative. He stated that Mrs. Fallas put him in contact with her contractor where the requirements by the Town Building Official were discussed. CEO Petrick stated that by January 16, 2025, no building permit application was submitted. He stated that he then issued a Notice of Hearing and Notice of Violation to the Respondents for Town Code Section 14-7 that were sent via certified mail to the address listed on the PBC Property Appraiser's website, the notices were posted at the property and posted on the Code Enforcement board at Town Hall. He stated the certified mail had been refused at the time ofdelivery to the home. He stated the Notice ofViolation required compliance within thirty (30) days by obtaining a building permit from the Town for the repairs made to the roof. He stated that since the Notice of Violation was issued, both the Respondents and their 2 contractor have been in touch with Virginia Botello, Assistant Town Clerk and Building Permit Technician to submit a building permit application. As of today, the Building Official has not approved/issued the permit application submitted due to his review comments not addressed by the contractor. CEO Petrick placed into evidence the notes from Virginia Botello, Assistant Town Clerk, regarding the building permit application submitted and he stated Ms. Botello was in attendance if she needed to testify. CEO Petrick stated the Town was requesting compliance by April 23, 2025, or a fine of one hundred ($100.00) dollars per day be assessed. The cost to bring this case before the Special Magistrate was $21.44. ORDER Iti is the order ofthe Code Enforcement Special Magistrate that Respondents shall comply with the above-reference Code Section by April 23, 2025. IfRespondents do not comply within the time specified, a fine in the amount of One Hundred ($100.00) Dollars per day may be imposed for each day the violation continues to exist. Costs in the amount of $21.44 are assessed. NOTICE OF HEARING In the event Respondents do not fully comply with the Town's Code ofOrdinances within the time specified, a Fine Assessment Hearing shall be held before the Special magistrate on May 27, 2025 at 9:00 a.m. at Town Hall, 4585 Charlotte Street, Haverhill, Florida to determine whether Respondents continue to be in violation of the above-referenced Code sections and to consider the assessment of a fine. ADJOURNMENT The hearing adjourned at 9:06 A.M. Minutes prepared by Deputy Town Clerk Wible and adopted by Special Magistrate Doney on April 22, 2025. - - - F. Wible, Deputy Town Clerk Special Magistrate, William P. Doney s 3