CITY OF EAGLE LAKE SPECIAL MAGISTRATE HEARING THURSDAY, MARCH 27, 2025 9:00 A.M. COMMISSION CHAMBERS 675 E EAGLE AVE EAGLE LAKE, FL3 33839 I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG (9:00 A.M.) Special Magistrate Joseph Mawhinney, Esq. Special Magistrate Mawhinney called the meeting to order at 9:02 a.m. II. EXPLANATION OF PROCEDURES SWEARING IN OF WITNESSES Special Magistrate Mawhinney explanation of procedures of the Special Magistrate Hearing. Special Magistrate Mawhinney swore in Code Investigator Brian Nadeau and Audience. III. VIOLATION HEARINGS A. Adams and Associates Real Estate Investment LLC Violation Address: 745 3rd St N Eagle Lake, FL. 33839 Case No.: 230071 Violation(s): High Grass, Weeds, Overgrowth, Outside Storage of Junk or Debris, Structure Unfit for Human Habitation, Permitting Required, and Abandoned Property Brian Nadeau, Certified Code Investigator, stated the property was inspected and violations existed for High Grass, Weeds, Overgrowth, Outside Storage of Junk or Debris, Structure Unfit for Human Habitation, Permitting Required, and Abandoned Property. He stated the photos accurately depict what was observed and requested the photos and documents be accepted into evidence. He stated a records check found Permit Applications BT-2022-12701 for a reroof and BR-2023-602 for a remodel were on file as expired, work was performed without actual permit issuance or inspections. A Notice of Violation/Notice ofHearing was sent to listed property owner on July 11, 2023, via USPS certified mail (RRR), posted to the property and City Hall. Mr. Nadeau re-inspected the property for compliance on July 24, 2023, and July 27, 2023, and the violation(s) continued to exist. Mr. Nadeau stated that the case was brought before the Magistrate on July 27, 2023, Finding of Facts were sent to listed property owner on July 27, 2023, via USPS certified mail (RRR), posted to the property and City Hall. July 31, 2023, Finding of Facts Certified mail receipt was signed for and returned. Mr. Nadeau then requested an owner and encumbrance from the Code Enforcement Attorney. On August 7, 2023, Mr. Nadeau requested public works to clean and clear property removing all high grass, weeds and debris. Mr. Nadeau stated public works cleaned property on August 8, 2023, and Mr. Nadeau received Notice of Violation/Notice of Hearing return unclaimed. Mr. Nadeau stated that on September 11, 2023, he received the owner and 1 Special Magistrate Hearing March 27, 2025 Page 2 of5 encumbrance from the Code Enforcement Attorney, sending the Finding ofFacts and the Abatement Cost for cleaning of property to Clerk of Courts for recording of lien. Mr. Nadeau stated that on October 12, 2023, his office received a call from Amber Dancy of Pronto Titles requesting a payoff and on October 23, 2023, Mr. Adams came into the office and stated that he had a contractor clean the property and discuss property remodel with the new contractor. Mr. Nadeau advised him that he would have to appear before the Special Magistrate and present his case requesting the demolition process be stopped. On October 26, 2023, Mr. Adams and Ruben Rodriguez were present for the case that was brought before the Special Magistrate declaring the property a nuisance and repeat offender. The Special Magistrate allowed the city to continue with the demolition process. A finding of facts was sent on October 27, 2023, to Mr. Adams via Certified Mail and posted at the property and City Hall. Mr. Nadeau was called to the residence on December 15, 2023, by Deputy Nason stating that an ongoing fire has occurred at the unoccupied, dangerous, uninhabited residence. Before departure from residence Mr. Nadeau captured photos and secured all internal doors and windows. On January 12, 2024, Mr. Nadeau observed a broken side window, the front door ajar, and contacted Deputy Sheriff Sergeant Turner to clear the structure, after the structure was cleared Mr. Nadeau boarded up the window, locked the front door, and screwed shut the porch door. Code Enforcement received an asbestos survey Bid on February 5, 2024, from Candice Zammataro of NV5, for $1,425.00. The Building Department received a call from Adam and Associates Real Estate Investment LLC on February 8, 2024, inquiring about the next step in the permit process. Mr. Nadeau advised that the process would be up to their contractor, later in the day Mr. Nadeau met with the. Asbestos survey company on site and confirmed that once the survey was returned, the demolition process would continue. Candice Zammataro was on site 1300-1545, collecting samples for the asbestos survey and stated the results would be back by February 23, 2024. The asbestos report was received on February 15, 2024, confirming that no asbestos was detected. A legal advertisement was submitted to run on February 28, 2024, through March 20, 2024, for an Invitation to Bid on demolition service of the property. Code Enforcement received confirmation from Teco on February 25, 2024, that electric services and the electric meter were disconnected and de-energized. A bid was received on March 22, 2024, from Diversified Professional Services for the demolition of the structure in the amount of$9,800.00. Invoices and photos were received from the contractor on April 15, 2024, concerning completed demolition. An invoice was completed and mailed to Mr. Adams via USPS Certified Mail (RRR) and posted to the property and City Hall. USPS Certified Mail received on May 15, 2024, with Return to Sender, Unclaimed, Unable to Forward. Due to abandonment of the property, and the serious threat to the public's health, safety, and welfare, The City recommends the property continue to be deemed a nuisance and repeat offender, per the findings of facts issued at the Special Magistrate Hearings ofJuly 27, 2023, and October 26, 2023. Also the City recommends that the foreclosure process fori the amount of$11,734.32 be allowed to proceed and any future violations of City Ordinances, as observed by any Code Investigator will result in the City abating the violations and all costs incurred continue to be assessed to the owner of the property, the land upon which the violation(s) exist or both until the foreclosure process is completed. Special Magistrate Mawhinney asked Code Officer Nadeau if there was a release of lien. Mr. Nadeau stated there was a release oflien for the cost of prosecutions back in October 2023. Mr. Nadeau stated the cost of prosecution was paid. Special Magistrate Mawhinney asked whether it was today or subsequently was there a certification, or another lien sent to the clerk for recording after the first lien was satisfied in October of2023, for additional fines and demolition recorded on the property. Mr. Nadeau stated yes there was another lien on the property for $11,743.32. After Special Magistrate Mawhinney clarified another 2 Special Magistrate Hearing March 27, 2025 Page 3 of5 lien was recorded he then asked Mr. Nadeau ifthe city was seeking an order authorizing proceedings with the foreclosure. He stated no one is present to represent the property owner. Special Magistrate Mawhinney stated he will enter an order granting a relief that the city is requesting in case number 230071. IV. VIOLATION HEARINGS B. Angela Capps Starling Estate Violation Address: 75 3rd St. Eagle Lake, FL 33839 Case No.: 160007, 190012, 210019 Violation(s): Building Permit Required (Fence) Brian Nadeau, Certified Code Investigator, stated the property was inspected and violations existed for Open Storage ofJunk and Debris (160007), Storage of distressed or Abandoned Vehicle (190012), and Bldg. Permit Required (210019) The property was re-checked for compliance on May 12, 2021, and the violation(s) have been corrected, An Affidavit of Compliance was placed in records and lien ceased to accumulate. On March 11, 2025, the Code enforcement officer was approached by Blake Starling (property owner's son) after Mr. Nadeau posted Lien Foreclosure Notice on property requesting lien information. On March 25, 2025, Blake Starling (property owner's son) paid $318.00 for the Cost of Prosecution of all three cases. Due to the Property being in compliance of all violations, and property has not had any other issues since May 12, 2021, the City is requesting a reduction ofthe administrative lien from $146,940.26 to $110,205.19 (25% of $146.337.00 = $36,735.07) if paid within 30 days, or the full amount of the Administrative Lien ($146.337.00) will be reinstated against the property. The enclosed papers in the file request for a hearing by Blake Starling and his paid receipts. Mr. Starling is here to present. Special Magistrate Mawhinney asked Mr. Nadeau to give him a brief summary oft the case violations. Mr. Nadeau stated case number 16007 was for open storage, junk, and debris. Case number 190012 was for storage of a distressed or abandoned vehicle. Then case number 210019 fence was erected without a building permit and fence was removed. Blake Starling and Christian Valentin were present. The properties address is 75 3rd St. For clarification, Special Magistrate Mawhinney stated that the property was an estate according to code enforcement and ifthe property was legally Mr. Starlings. Mr. Starling stated property is in his mother's estate, but he was working towards putting the property in his name. Due to unforeseen circumstances, he has struggled maintaining the property and is in the process of getting his affairs in order. Special Magistrate Mawhinney asked Mr. Starling ifthe violations presented occurred while he was in control ofthe property. Mr. Starling stated yes. The special Magistrate went on to state that the fines were hefty, and the city is recommending a reduction of 25% of the original amount. 3 Special Magistrate Hearing March 27, 2025 Page 4 of5 Mr. Starling stated he did not feel that two ofthe cases were investigated correctly. One case went on for 216 days and the other case went on for 636 days, stating they were never reinspected at the time. He stated a notice was placed on the property. He cleaned up the property and a reinspection never took place. Special Magistrate Mawhinney informed Mr. Starling that many people are under the impression that it's code enforcements' job to come back and reinspect the property and they do come back to reinspect the property on occasion, but the obligation falls under the homeowner to contact code enforcement to let them know they do believe they have the property in compliance and would like to be reinspected. Mr. Nadeau then explained the two cases were not necessarily mishandled. Mr. Nadeau must review any cases left by the county, resulting in no reinspection at the time. The inspection date on May 12, everything ceased because he was able to go out to the property and reinspect the cases. Mr. Nadeau stated he was unsure if Mr. Starling attempted to contact code enforcement for reinspection, stating everything in the files are what we have on the case when he took it over from the county for cases 160007 and 190012. Ms. Valentin stated she looked at the cases as well and she is a level 2 certified code enforcement officer, Amy Hernandez and Tammy Tucker were her supervisors. Stating that even if the code violations still exist, they were trained to schedule out a reinspection 3 months out and 6: months out. Ms. Valentin stated a reinspection did not happen and leniency would suffice given the situation. Special Magistrate Mawhinney proceeded to state if a reduction is granted typically, it's 30 days to pay it unless he grants more time. You have 30 days to pay the reduced amount in order to get the benefit ofthe reduction. Ifit is not paid within that time, then it reverts back to the original amount ofthe fines. Mr. Starling stated there was no possible way for him to pay $110,000. Mr. Starlings girlfriend stated he was going to Alaska in June to work. Then she asked ifthe reduction could be extended for a year to make payments. The Special Magistrate asked Mr. Nadeau to provide the hard costs. Mr. Nadeau informed him they were $318.00 and already paid. The administrative fines are all that's left for $146,337.00. Special Magistrate Mawhinney asked Mr. Starling ifhe reduced the fines down to $1500.00 and how soon he could pay that fee. Mr. Starling said he leaves for Alaska June 1st and will not return until August 25th. Ifhe could give him until January 2026 to pay the costs. Then he stated he could do it sooner. In six months, he should be able to pay. The Special Magistrate stated, could he make a payment by October 1st? Mr. Starling said yes. Mr. Mawhinney stated he did not want to set up a date that was not realistic. Mr. Starling then proceeded to tell the special magistrate that he just had to pay $6,000.00 in property taxes. He received the money from a family member and must pay it back. 4 Special Magistrate Hearing March 27, 2025 Page 5of5 The Special Magistrate said he has till November 1st to pay $1500.00. Mr. starling stated yes that was a realistic time frame. Special Magistrate Mawhinney is going to enter an order reducing the total fines accrued on the property to $1500.00. That will be payable by November 1, 2025. The Special Magistrate explained it could be turned into a repeat offender or a serious case if any violations are found on the property. Then stated in case 210019 he will reduce the total accrue fines in the 3 cases to a total of $1500.00. The $1500.00 will be payable by or on November 1, 2025, to get the benefit ofthe reduction. If not paid by that time the fine will be reverted to the original amount. Special Magistrate adjourned at 9:32 am. Then it was reconvened at 9:33 am, wanting to modify his $1500.00 lien reduction to a $200.00 lien reduction. Special Magistrate Mawhinney adjourned the meeting at 9:37 a.m. SPECIAL MAGISTRATE JOSEPH P MA WHINNEY, ESQ. ATTEST: - VAwb - CODE ENFARCEMENT ADMINISTRATIVE, ASSISTANT YVONNE LESTER 5