TOWN OF HAVERHILL MINUTES SPECIAL MAGISTRATE HEARING April 22, 2025 Present: Special Magistrate William P. Doney, Code Enforcement Officer (CEO) Joseph Petrick, Town Attorney John Foster, Deputy Town Clerk Jean Wible, Assistant Town Clerk Virginia Botello and Respondent Steven North. 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 ofMarch 25, 2025. III. SWEARING IN OF WITNESSES: Special Magistrate Doney administered Oath to Code Enforcement Officer Joseph Petrick, Assistant Town Clerk Virginia Botello, Deputy Town Clerk Jean Wible and Respondent Steven North. CODE ENFORCEMENT REPEAT VIOLATION, FINE ASSESSMENT AND STATUS HEARING: CASE NO. 24-00120 MOYA, GRETZA E & MOYA, WILFREDO 536 TALL PINES ROAD HAVERHILL, FL 33415 PCN: 22-42-43-35-15-15-000-0060 LEGAL DESCRIPTION: TOWNER PARK REPL LT 6 NATURE OF VIOLATION: Chapter 58 Article IX Division 14 Section 58-584 Maintenance and appearance standards for all real property. Code Enforcement Officer (CEO) Petrick testified this Status hearing was in reference to a Single-Family property that was issued a Notice ofViolation for removing a significant amount of sod and installing a driveway to connect with the property next door located at 1 550 Tall Pines Road without obtaining a permit from the Town. The case went before the Special Magistrate on December 1, 2024, where the Respondents were found in violation ofTown Code Section 58-584. He stated that the Special Magistrate order required a Status hearing on April 22, 2025, compliance by June 11, 2025, and a Fine Assessment hearing onJune 24, 2025, if necessary. He stated that on December 12, 2024, the Special Magistrate Order was sent to the Respondents via certified mail to the address listed on the Property Appraiser's website, the Order was posted at the property and posted on the Code Enforcement board at Town Hall. CEO Petrick stated that since the December 1, 2024, Special Magistrate hearing, the Respondents have been in touch with Town staff and are working towards compliance. CEO Petrick stated the Town was requesting to keep the Fine Assessment hearing scheduled for June 24, 2025, if necessary. CASE NO. 24-00009 ACETI, PATRICK 550 TALL PINES ROAD HAVERHILL, FL 33415 PCN: 22424335.15.0.0050 LEGAL DESCRIPTION: TOWNER PARK REPL LT 5 NATURE OF VIOLATION: Chapter 58 Article IX Division 14 Section 58-584 Maintenance and appearance standards for all real property. Code Enforcement Officer (CEO) Petrick testified this Status hearing was in reference to a Single-Family property that was issued a Notice of Violation for removing a significant amount of sod and installing a driveway to connect with the property next door located at 536 Tall Pines Road without obtaining a permit from the Town. The case went before the Special Magistrate on December 1, 2024, where the Respondent was found in violation of Town Code Section 58-584. He stated that the Special Magistrate Order required a Status hearing on April 22, 2025, compliance by June 11, 2025, and a Fine Assessment hearing onJune 24, 2025, if necessary. He stated that on December 12, 2024, the Special Magistrate Order was sent to the Respondent via certified mail to the address listed on the Property Appraiser's website, the property was posted and posted on the Code Enforcement board at Town Hall. CEO Petrick stated that since December 1, 2024, Special Magistrate hearing, the Respondent had been in touch with Town staff and is working towards compliance. 2 CEO Petrick stated the Town was requesting to keep the Fine Assessment hearing scheduled for June 24, 2025, ifnecessary. CASE NO. 24-00121 CASSY, RIDELL 850 BRIARWOOD DRIVE HAVERHILL, FL 33415 PCN: 22-42-43-36-22-000-0040 LEGAL DESCRIPTION: BRIARWOOD SOUTH LT 4 NATURE OF VIOLATION: Chapter 14 Section 14-7 Unsafe buildings and structures Chapter 58 Article IX Division 14 Section 58-584 Maintenance and appearance standards for all real property. Code Enforcement Officer (CEO) Petrick testified this Fine Assessment case was in reference to the Respondent widening the property driveway by removing sod and placing down gravel without obtaining a permit from the Town. He stated that on January 30, 2025, the Order Finding Violation and Notice ofHearing ofJanuary 28, 2025, Special Magistrate hearing was sent to the Respondent via certified mail to the address listed on the Property Appraiser's website, the property was posted and posted on the Code Enforcement board at Town Hall. He stated the Order required compliance by March 27, 2025, or a One Hundred ($100.00) dollar per day fine be assessed. CEO Officer Petrick stated that he had spoken with the Respondent on a few occasions since the January 2025 hearing. CEO Petrick most recently spoke with Respondent on Thursday, April 17, 2025,-and discussed the outstanding violation, today's hearing; and ways for Respondent to come into compliance. He stated that as of today, the property remained in violation and no action had been taken by the Respondent to bring the property into compliance. Code Officer Petrick stated the Town was requesting a fine of One Hundred ($100.00) dollars per day be assessed beginning March 28, 2025, until the property comes into compliance. The cost to bring this case before the Special Magistrate was $13.98. ORDER It is the Order of the Special Magistrate that a fine in the amount of Two Thousand Six Hundred ($2600.00) Dollars is hereby assessed at the amount of One Hundred ($100.00) Dollars per day for the Code violations which has existed on the property from March 28, 2025 to April 22, 2025, a period oftwenty-six (26) days, and such amount will continue to accrue at the rate ofOne Hundred ($100.00) Dollars per day until compliance is achieved. In addition, costs are assessed in the amount of$13.98. 3 CODE ENFORCEMENT VIOLATION HEARINGS: CASE NO. 25-00008 NORTH, SARA O & NORTH, STEVEN B 5390 STRATFORD ROAD HAVERHILL, FL 33415 PCN: 22-42-43-35-15-000-0350 LEGAL DESCRIPTION: TOWNER PARK REPL LT 35 NATURE OF VIOLATION: Chapter 14 Section 14-7 Unsafe buildings and structures. Code Enforcement Officer (CEO) Petrick testified this case was in reference to a Single- Family property that had been under renovation for a year and a half and is currently in violation ofTown Code Section 14-7 for enclosing the garage without obtaining a building permit from the Town. He stated the Town Building Official issued a Courtesy Notice on February 5, 2025, and required compliance by February 23, 2025. He stated that by February 24, 2025, the violation remained. At that time, CEO Petrick issued a Notice of Violation and Notice of Hearing and sent via certified mail to the address listed on the Property Appraiser's website, the property was posted and posted on the Code Enforcement board at Town Hall. The Notice of Violation gave the Respondent thirty (30) days to come into compliance by obtaining a permit for the garage enclosure or to obtain a building permit to restore the garage back to its original state. He stated he had called the Respondent Steven North on the day the Notice of Violation was issued to discuss it with him and during that conversation, the Respondent stated the garage was enclosed without obtaining a permit and would work towards bringing the property into compliance. He stated that as oftoday, no permit had been properly applied for or obtained. Assistant Town Clerk Virginia Botello testified that on February 5, 2025, the Town Building Official Durrani Guy conducted a field visit ofthe property due to receiving an engineer's S affidavit letter that he deemed unacceptable for the inspection(s) ofwindow and door replacement, paver driveway and fence repair. She stated that while on the property, the Building Official observed the garage had been converted without obtaining a building permit. She stated the Building Official required the garage converted back to a garage and provide an updated engineer's affidavit with a single page wet seal. Deputy Town Clerk Jean Wible stated that per Town Ordinance Section 58-363, the garage must remain as a garage. Respondent Steven North testified that he has purchased a garage door from Home Depot, but it will take forty-five (45) days to receive. He stated that he expects it within the next ten (10) days. He also stated that he has hired a contractor, and the contractor has applied for the building permit, but the permit application was denied by the Building Official. Mr. 4 North stated he has reached out to the Town Council via email this morning regarding this case. Assistant Town Clerk Virginia Botello stated the contractor emailed her a building permit application to convert the garage back however, it was an incomplete permit application. She stated that she responded to the contractor via email informing him what needs to be submitted. Town Attorney John Foster stated for the record and in front of Mr. North that Town Council is legally unable to address code enforcement actions. He stated that ifthere was a question with respect to a particular code, then that would be a policy issue and the Town Council could address but if asking the Town Council to opine or intervene in a code action, they legally do not have the authority to do SO. Code Officer Petrick stated that the Town was requesting compliance by May 23, 2025, or a Two Hundred ($200.00) dollars per day fine be assessed. The cost to bring this case before the Special Magistrate was $18.95. ORDER It is the Order ofthe Code Enforcement Special Magistrate that Respondents shall comply with the above-referenced Code Section by June 22, 2025. IfRespondents do not comply within the time specified, a fine in an amount not to exceed Two Hundred ($200.00) Dollars per day may be imposed for each day the violations continue to exist. In addition, costs in the amount of$18.95 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 July 22, 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 section and to consider the assessment of a fine. 5 FINE REDUCTION HEARING: NONE ADJOURNMENT The hearing adjourned at 9:22 A.M. Minutes prepared by Deputy Town Clerk Wible and adopted by Special Magistrate Doney on April 22, 2025. Le ( Rur - Jeanf. Wible, Deputy Town Clerk Special Magistrate, William P. Doney 6 SIGN IN SHEET TOWN OF HAVERHILL SPECIAL MAGISTRATE HEARING TUESDAY, APRIL 22, 2025 Name E-Mail Address Signature S1u NorL ahhss 2b.Usaet Sw