you you for the next two minutes. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I will approve the minutes from July 17 and the procedures are of this hearing are to emphasize the requirement of providing due process to each respondent and to the city in accordance with Florida's statutes 162.073 which states formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceeding. Here say, isn't Missible, but only to support other competence substantial evidence. Are there any questions? The any decision made today can be appealed by sending a notice of appeal to the circuit court within 30 days of the execution of the order. Madam Clerk, will you swear in all those who will be testifying if you plan to come up to the podium and speak, please stand and raise your right hand. Please stand and raise your right hand. State your full name. In the matter to which you're about to give testimony, do you swear or affirm to tell truth the whole truth and nothing but the truth? Witnesses have been sworn in. Thank you Madam Clerk and in light of having a very young participant in the here, we're going to move that case up first. So that will be the first case will here is 30 Cunningham Drive John Parks presenting. the . Afternoon, ma'am. Afternoon. The address is 30 cutting him drive. The case is ccsm0256-2024. This property is owned by our two single family residential. The violation cited was section 26-171 permits required. On April 8, 2024, I observe renovations and construction work occurring at the property, including a front porch decking doors, windows, and interior remodeling. A check of the permit system found no permit for the work that had been done, and there were expired permits in the system. The property was found to be in violation of Section 26, DASH 171 and a stop-work order was posted. On May 31, 2024, a notice of violation in hearing was posted at the property with an initial compliance date of June the 14th, 2024. A copy was also mailed, certified mail to the property owner and was signed for and accepted on June the 11th, 2024. On August the 21st, 2024, check the permit system found some permits have been updated. However, the application for remodeling permit is in a recent middle status and has been in that status since July 30th, 2024. There has been no other applications submitted for the Deccan in the rear. It is staff's recommendation, the special magistrate find Aaron Joseph Lingo and Sky Verna Zambrano and the Orientity and Violation of Section 26, stash 171 and give until September 13th 2024, to bring the property into full compliance. If the owners do not come into compliance, it is staff's recommendation to impose a fine at a subsequent hearing in the amount of $50 per day per violation until the property is brought into full compliance. Find not to exceed the maximum amount of $10,000. I have had no communication with them until today. I just talked with them today. They're here to go next door and straighten everything out with the building department. I told them that I've already got my recommendation and based upon the way the situation has been, that my recommendation was going to stand. However, I'm not opposed to extra time if more time is needed and recognizing that no fine would be imposed until a subsequent hearing. I Recognized that we could come back at that hearing and change that compliance state if necessary as well. Okay. Thank you very much and Mr. Lingo, did you want to speak about this? Or if you could come up and state your name and address for the record and we also have a sheet for you to sign when you're done? Okay. Aaron Lingo, 30, Cunningham Drive. Not much to add. I just started renovating our house because we were trying to make it look nicer. I didn't realize what all needed to be pulled and permit-wise. And so now we're trying to. I didn't realize I could even reach out to John and talk to him. I would have. We did just recently submit a new permit revision and then we just received that I think last week that another thing was denied so we have to fix it and resubmit it. You're going to do that now. I'm waiting on engineered drawings. We contacted our engineer to fix it so I have to now go to the building department to figure it out. Let them know. Okay. So the way that the recommendation was set up was that there wouldn't be a fine incurred until September 13th. Do you think that gives you enough time with your engineer to get it straightened out. I think so. I didn't realize that it included the rear decking as well. We only have an engineer drawing for the front deck, so we've got to resubmit that. I'm kind of at the mercy of the engineer. Last time it took him a month to get out and look at it and then after the fact draw it. Okay. So if that's the case then we wouldn't make September 13th. We wouldn't have the drawing by them. All right. Well how about we say give you an extra week or so September 20th and then you just let your engineer know. And now understand that if you do everything you can to move this forward, then when you come back, we won't, you know, I'll understand. We're not going to find you if you're doing everything you can to move it forward and you're just things around in your control. OK. OK. Understood in your control. Okay. Understood. All right, great. If you wouldn't mind just signing. So you're good with another meeting. I have no objections, no. No, no. Okay. Okay. This last minute again, yeah. Yeah. Understood. Okay. So I find responding in this this case in violation of city code as charged and that respondent correct the violation before 1 p.m. On September 20th, 2024 in the event responded does not comply by the state of finding the amount of $50 per day will be imposed. For each day the violation continues pass the enforced dated date. The respondent is further ordered to contact the code inspector to verify compliance with this order. Thank you. Okay. On that note, we'll go back to the beginning of the agenda. The next case will here is 607 Jefferson Street, Barbara Bobleleck presenting. Good afternoon. Good afternoon. This property is located at 607 Jefferson Street. The case number is CESM-0176-2024. On July 17th, 2024, the special magistrate from Kenneth Howard and or entity in violation of Section 26171A permits required and gave until August 14th, 2024 to bring the property and the full compliance. The property owner and his contractor have been in touch with me throughout the last several weeks since the last hearing. They have resubmitted everything that's required. I would just recommend continuing this until the 23rd. The board order was posted on the property on July 23rd, and the mail is still out for delivery. But they have been in contact with the building department, myself, and as of this morning, I contacted Mindy in the zoning department and she was starting to review all the resubmissions of the paperwork, so I believe this will be coming into compliance within the next few days. Excellent. Is anyone here on this matter? Seeing none. I find, I ordered that this matter be continued to the October 23, 2024 special magistrate hearing. Thank you. Thank you. Our next case is 401 Flagler Avenue, Beverly Abramson presenting. Good afternoon. Good afternoon. for you. Thank you very much. This case is CCSM-0957-2023. The address is 401, Flagler Avenue. Violation cited, we're sections 26-171A permits required. On July 17th, 2024, the special magistrate found 401 Flagler Avenue, or Flagler LLC, and or Entity, in violation of section 26-171 permits required. And gave until August 9th, 2024 to bring the property into full compliance. If the property is not in compliance, a date, the fine of $50 per day shall be imposed for each day of the violation exists and the final amount shall not exceed $25,000. The board order was mailed certified mail to the property owner and signed for and accepted on July 20, 2024. It was also posted on the property on July 18, 2024. As of August 28, 2024, the two temporary signs still exist. The conx box, all the violations still exist. The Connex box all the violations still exist. There's no permit in the system. It is my recommendation that the special magistrate impose the fine of $50 per day as of August 9th, 2024 and continue running until the property is brought into full compliance with the fine amount not to exceed $25,000. Okay. Is there anyone here on this matter? Yes, please. And he was not sworn in. Okay. Yes, please. If you'd come forward and you both need to be sworn in, if you're both going to speak, if Madam Clerk will swear you in. Stand and raise your right hand in the matter to which you're about to give testimony. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I swear. The witnesses have been sworn in. Thank you very much. Please state your name and address. One at a time if you would. My name is Ignacio Varsotelli. My address is 1210 North Atlantic Avenue. Nusminna Rich Florida. Thank you. Yeah, you can just speak now and get the service. Thank you. Yeah, you can just speak now and then she can speak next. Okay. Just one at a time. Okay. What I'm observable probably she have all the documentation. The ones that I remember for instance is the sign. The property is listed in the multiple listing service. So the signs are legal and perfectly right. It's a property for lease. And we have the rights to put the signs exactly where they are. And we went through this I remember in the time that you gave me the opportunity to present the case. Then absolutely everything that was addressed to us, it was addressed with our contractor and also it was the only that we have like delayed is waiting for a review on a set of plans from Charles Adams, the engineer firm, who is reviewing something in the plans. And before the deadline happened, I sent an email to code enforcement to request an extension on that particular. We have all the permits to show that we pull all the permits that was necessary based on the comments that we receive and we address absolutely everything. So are you saying as to the sign that a permit is not required? Is that your contention? Yes, I'm a realtor and I'm announcing a property for lease. Okay. And the sign we're talking about is the very large sign. It have the measurements that that allowed for a commercial property. Okay. All right. Okay. Continue on with what you're saying. Well, you're saying that you've got everything addressed. You're just waiting on engineering plans? One of the... Well, I have, I don't know, over 20 complaints from the same inspector. I don't want to say that I almost feel harass and incriminated, but let's imagine that not that they are doing exactly their job and what is have to be done correctly For instance The gate if you see the pictures is very interesting But I also find out that they post on Saturday the note and an official from Here we have it in camera, but it closed the gates in our breakfast time. They not just put, no, they're the one before. They not just put the node, but they touch private property and they close the gates and We have a client film in so I just would like to know is there anything that we can do better is is anything Above the Compliance that we have to address is if there is something that I have to do We are willing to do it. We We want to do good business in the city. But I see that, for instance, cases that was closed from the building department now have a manifier and keep digging and looking around and looking around. So I want to know, is there any stop on this process? Because if we are in rules, why continue? For instance, I have my employees today saying that an officer from the Code of Forman went today again taking pictures pictures saying this is wrong, this is wrong, this is wrong to my employees, I don't know what this communication have to exist. So one of the mentions was a, I don't want to, but we have a bench. So the bench was wrong. The canvas was wrong. So I'm start thinking that not necessarily what we address legally will complains. And to be honest, if we use common sense, 401 Flagler is a 1909 house. So believe me, I don't need to be very smart inspector to find issues all the time. And when I met with the director of the department, he said, look Ignacio, look the books that we have on regulations here. We have regulations on top of regulations and top of regulation. So of course, you don't need to be smart. You will go every address in this city and you will find 10 issues in all of them. Everybody, everybody. We need to keep to the issue here of this property. Yes, it's a need to. And this claim that you don't have your permits. Yes, I have my permits. This is what I'm saying in the beginning that, yes, I have my permits. But also I'm repeating permits. Because if you remember in the, I mean to your major tree with all respect in the situation that in the meeting that we came before, we address that we thought that all the permits was in compliance. We had the certificate of occupancy was inspected over 20 times in the process of construction and was the final approve. After the final approve with the same pictures that was approved, it came a couple of, how do you call it? A couple of things to fix. We can't fix it. Now we are like a third time here. And yes, we've put the permits. The permits are right now. Life in the system. Okay. Do you want to submit those to my name? Yes, sorry. Okay. Are you finished speaking then? So now it's her turn. Yes. Okay. Hi, my name is Melissa Cabral Barzotelli. Adress is 401 Flagler, our business Avenue. I just have some notes for everything. So as he mentioned, the real estate sign of the property, we have, I have it right here. That is in the multi listing since July. So it's right now. It's listed. So that's why we have the two signs. That sign that was there, hangy, it's not there anymore. There's like two signs, there are in the pictures, there are not there anymore. Just the ones that are... The one that is the listing here's the listing. If we could just have one speak at a time, it gets too confusing if we're everybody's talking. So just Melissa, Pude. The permit for which most of the things were finally, I mean, we're approved by January 2020 December 2023 between that month and January 2024. We have submitted the permit for the Purgle and Onions. They're retractable and metal. We're waiting for the final plans for the engineer. They're ready to submit now. Have the plans also here. If you would like to have them as well. I'm sorry. We have a parking permit open. You can submit whatever you want, but if you don't have the permit itself, then. Apply, but it's on review right now. So that's, we have a parking permit open, and we have submitted an addition to the parking permit for the parking lights. So that permit number is ENG 00888204. We have submitted a permit for both fences for the rounded property and an over the bathroom. I have the two numbers here for the gates. ENG 00481, 2024 for the fenceANSAW on the property. ENG 0-0-32, 72, 0-24, FANSAW over the bathroom. They gave by Flagler the flag that was permitted, was permitted on the first FANSAW permit, and inspected by the city, and the city gave the final inspection saying he was good in pass. Is Ellison the pictures there? It did not pass. It did pass. It did pass. It did pass. Yes. So do you have that permit? Yes, we do. We have it here as well. Okay. Final ensign. I'm trying to see what else we can address, but that's I mean we have all the permits and things that were addressed to us. Okay, I'm not hearing that you have all the permits. I'm hearing that you've submitted. The permit is open right now. Right. So, what the inspector is suggesting is that you did not have them at the time you were required to have them. So the fact that their open is great, but the, they were supposed to have been obtained prior to this. I think it was, let's see, we can get the date. August 9th? August 9th? Yeah. So that's the issue of whether you timely complied. So you won't have much of a fine. It will just apply until you have all of the permits. But pardon me? The permits have been issued. It actually in hand. So do you have anything else you wanted to testify to? I know you want to hand in all those documents. If you would like them, I have them right here. I'm trying to see if there's something else that was addressed. I think that's all. Okay. We are working on having everything fully in compliance. We're there every day working hard and trying to obey by the rule and have a good business running. Okay, excellent. And I do still see one sign is on the property. Two signs are on the property. Two signs. Yes, that's fine. Okay, just, I'm sorry, sir. I don't know. If you could address that and then if you want to speak after that, that's fine. Yeah, there's two signs currently, which are we have Flagler, Cooper and Jessamine so there is the big sign and then little one on Cooper so they were okay and you don't have a sign permit, a temporary sign permit or To acknowledge again, he's a realster and he is putting the property for rent Okay, and I know I know the signs don't say for rent, but let me let me speak with the code inspector and see what she has to say about that. Did you want to say anything further? Yes. Okay. Yes. What I would I observe is again the the reason that we don't have the permit on the pergola. We ask for an extension because we know the engineer will not have the plans ready. It needs a review from the city. We went to the building department. It came with reviews. So we was ready to be in time, but the permit was accepted because it received a review from the department. So now is we need more time from the engineers to review that plans. Okay, so in order to have that plans back to the city, I need another four weeks. And it was six weeks when I request by email and I copy to code enforcement and building department because it's the time that the engineers take to review what they receive as feedback from the city. Okay. So I can't do any further or any faster. Coming back, and this will be the only permit that is not issued yet. Not because the permit for the pergola, the onions, all the engineer, all the drawings that need to be addressed and it was request, but I don't have permit issues, so I don't have number. But there is a lot of the issues that are bringing to us. Okay. And have you provided Miss Abramson the permit that you have? You said you have one permit. No, three permits. We have three permits in place. No, I don't think that's what you said. I think you said you had one permit the rest are in process. No. Three permits are open. Open, right, but they're not issued. No, issued. One is issued. I don't know what is the difference between issued and open. Here are the permits. Have you provided that to Miss Abramson? The permit that is issued. If you could pass that over to her. Yes, the permit, yes. So she can see that you have one permit issued. Yeah, I was assuming if we are in this meeting, we do the diligent in both sides. We do the diligent to observe what are the, so the officer, if the officer is doing the issue for all these things, she also have access to check if the permits are issued or not. Okay, I just want her to see what you brought. So, do you have anything further? signs, I accept the comments that I have to put lease, but also I have the right to put another sign by Jasmine, by rules, by law. I need to ask a question about that. So let's just hold on to that for a second. But do you have anything further? No. Okay. Thank you very much. Miss Abrams said they contend that they don't have to have a permit for the signs and maybe I could ask. Yeah. The code provision. So I'm not sure what law he's speaking to, but I would imagine based on some of these signs they would need permits based on the size of them. Specifically, probably that billboard sign and banner sign. There is something in our code that does address a sign advertising the sale or lease of the site shall be permitted in addition to other signs so that means it should be permitted which means you need to apply for a permit listed in this section where the site is actively listed for sale or lease said sign shall not exceed a maximum area of 32 square feet some of those look bigger than probably that 32 square feet so is that you're understanding miss Abramson that these are bigger than 32 square feet and they don't advertise the property person. I haven't measured them. There was a temporary sign permit issued which is one of the signs I'm sure he's talking about. There was a temporary sign issued for both of those signs. They had an extension and then it expired back in June, I think it was. So, and that's what you get for a real estate sign. You get a temporary sign permit. And it expired. Right, I think it's for 100 days or something like that, and it's expired. So whatever signs are on the building, they could reapply for another sign permit, but there's no, I am unaware of a law that permits them to put a sign up there without going through our code. That preempts the city from having a code enforcement or code provision regarding signs. Our 604 section outlines signs and permits, please. Yes. I think they're referring to the fact that the Supreme Court has said that you're entitled to put up for sale and for rent signs. But the city can regulate size and can require a permit. So that's the difference. Miss Abramson have you found that they have in fact complied with one of your various items that required permits. The fencing and the gates. There is an issued permit for those. Okay, perfect. But there is no permit. And I just checked the system before I left the office, sure, like noon. There was no permit for the arches or the pergola. There's no permit for the onings, the hurricane shutters, the connex box, the electric for all of the fans that were installed. He has shutters on both ends of the bar and then he has some kind of awning hanging off the other side. It hasn't been permitted yet. As far as trespassing, I walk on the sidewalk. I didn't shut his gate. My code supervisor was with me when we posted that notice on the gate. That gate was closed. There's a picture showing that it was closed. Excuse me. So I can walk on the sidewalks of that property and I can drive around it, which is what I do for the most part when I take my pictures, because I've had several encounters with this gentleman and he likes to scream. So I stay away from the property for the most part unless I'm driving down the street. Okay. So yes, that gate has been permitted. The temporary fencing, all of this started, this case started back in November when I found things that were unpermed at that time. And I had spoken to him over and over and over again about, look, before you do anything, go down and get a permit. And he laughs at me, he tells me he used common sense, tells me nobody's gonna like me in this town, all kinds of ridiculous things. I'm just trying to do my job and I haven't done any trespassing and I've looked in the system and I did those inspections this morning, those photos are timestamped, they have the photos of the signs and everything else that was noted in the citation. Okay. All right. And the violation here is just a broad brush permits required. Correct. So the fact that there are a couple of permits issued, we acknowledge, but there's still other permits required. And are all of these violations that we're talking about, the pergola, the onyancy electric, the fans, the signs where they present in November or were they- Yes, when I issued the notice of violation, it says corrective action, obtain required permits for arches, purgola, additional fencing, and gates, which are permitted. Onnings, hurricane shutters, connex boxes, shipping containers, electric real estate banners and signs. I tried to be as specific as I could because of all the encounters that we've had. I've sat down and I've talked with his contractor personally, face to face. So I don't know how much more clear I can get them what I've had written out on the notice of violation. Thank you, Miss Averum. Welcome. Did you want to speak one more time? Just a couple minutes here, because we've been going on. Thank you. Thank you for the opportunity. Please state your name for the record. My name is Ignacio Varsotelli. I'm a resident of Nusmio Nana. I live in 1210 North Atlantic. I also have the commercial property in 401 Flagler. I'm a realtor in town. Particularly that picture, if we can come back to that picture, that picture, if we zoom in, we see the sign that was posted that the same day, when you see the gate clearly. You see in the background the 8.5 by 11 that in another picture if we can move forward please. Yes, that. If you see that picture versus the other picture, you can see clearly that that sign, when we go back to the same, yes, the same day that that picture was took, they took the same when they close the gate. Anyway, I was just trying to clarify that, yes, they close the gate, I have it filament. They are, they are commons. That's's relevant. Is it relevant? We're talking about whether it's. Yes, I don't know if it's relevant or not because in my opinion is something that is a little more than a permit. Well, because I don't know. We're not here on that today. We're here on whether you're in violation after being noticed in November. I understand. I also would like to review, please, if you could share with me the documents and we can interchange documents. Because then I will assume that the temporary signs on the commercial properties, what I am understanding and what you said is that absolutely every sign that is on town on commercial properties has to have a Temporary permit. This is what are you? We can yeah, we can get with you after After the meeting go over that Explanation of the code well, I would like to understand because you will be educated. We will get with you. Perfect. Because it's not my understanding. And I want we are in record, so good for everybody. And when I said the law, I think I mean all the code and regulations that reach to everybody, to every real town, to every sign that is in, and about the 32 is a four by eight. There are standards in the industry. So you order standard signs. Well provided, the sign code. I will indicate where in the land development regulations you can look for. Perfect. I will read again. I'll have it and I have it read it many times. Thank you very much. I just would like to know what if I could have the extension on the time for the engineer to finish. I understand what you're asking. Thank you. Thank you very much. Thank you very much. Anything further, Ms. Davidson? No. You're done. I'm done. Okay. I find responded in this case failed to correct the violation by the time specified in the prior order and the fine will be imposed as set forth in that order and will continue to run until the property is brought into compliance and an affidavit of compliance has been filed by the code inspector. Respondents shall notify the code inspector to verify compliance. Thank you. You'll be getting an order. I'm sorry, but may I understand what you just said? We will give you a copy of what we just said in writing. So we impose the fine and you just have to get your permits which are pending. So you should be able to get a short. You're going both in a $50 fine? Correct. OK, thank you very much. Your case is over. No, I don't think it's over. Yes, sir, it is. No, I don't think it's over. No, we're going to call the next case. So you just need to. We'll get you a copy of the order thank you all right our next case is 536 North Dixie Freeway Jason's Yates presenting Thank you. Good afternoon. This is 536 North Dixie Freeway. CCSM 0581-2023 on July 17, 2024. The special magistrate around cryptocurrency mining, and or entity and violation of section 74-146, local business tax, and LDR section 504.02, regulation by zoning district, and gave until August 16, 2024 to bring the property into full compliance. If the special registry found that the violations were not corrected by the state, at one time fine of 250 per BTR and $50 a day for zoning requirements, shall be imposed for each day the violation exists. The board order was hand delivered to the employee at the property on July 23rd, 2024. The board order was also mailed, certified mail to the property owner and was delivered in sign for on 722 2020 for at 1233 p.m. The change of use application was submitted on 8132024 and is currently being reviewed by the building department. It's my Recommendation that the special magistrate continue this case to the 1023-2024 special magistrate hearing. This will give the owner, the property owner, time to correct any issues I should arise if something is discovered during the review process. This will also allow the property owner time to consolidate, modify, or completely remove any unnecessary business licenses that are registered to the property of not currently in use and or operating at that from that location. In the event, this isn't complete by 1023, 2024. Hearing date, then I recommend a one-time fine of 250, $250 per BTR and $50 a day for the zoning requirement, commencing on August 28, 2024 until the property is brought into full compliance. Find not to achieve the maximum amount of 20,000. Thank you very much. Is anyone here on this matter? Seeing none, I continue this case to the October 23, 2024, Special Magistraterate code enforcement hearing. Thank you. Thank you. Our next case is 2803 Sachaxton Drive, Case Number CC, SM0323-2024. This property is owned are two single family residential. There were initially four violations cited. The only one that remains not in compliance is Section 26-171. On July 17, 2024, the magistrate found Carl and Loonabelle Baker, the Tumik-Lewand Baker, and the Orientity and Violation of Section 26-171 permits required and gave until July 31, 2024 to bring the property into full compliance. If the magistrate found the violations wasn't not complete corrected by this date, a fine of 50 dollars per day shall be imposed for each day that the violation exists. The magistrate's order was mailed certified mail to the property owner and was signed for and accepted on July 22nd, 2024. The board order was posted on the property on July 19th, 2024. To date, I have spoke with the owner, advising them of the need to follow up with the build and department to clear up the outstanding permits and apply for the required permits. A check of the permit system has found no changes and no application for permits that are required for the utility improvements in fencing. On August the 20th, 2024, I conducted an inspection of the property at the owners request finding that the fencing and utility improvements still on the property. However, the electrical connection at the rear of the property was missing the outlet and the wires were exposed. Additionally, the wires from the front connection at the temporary utility pole were disconnected and left exposed. The staff's recommendation, the magistrate imposed fine, $50 per day, commencing on July 31, 2024, and continuing until the property is brought to full compliance, find not to exceed the maximum amount of $10,000. Thank you. Is anyone here on this matter? Seeing none, I find respondent in this case failed to correct the violation of 26-171A by the time specified in the prior order in this case and the fine of $50 per day for that code violation Will be imposed as set forth in that order and will continue to run until The property is brought into compliance and an affidavit of compliance has been filed by the code inspector Respondents shall notify the code inspector to verify compliance. Thank you. Our next case is 529 Washington. Shelly friend is the officer, Boba Black presenting. I have some photos that were taken on August 20th, 2024 of the property that I'd like to submit. Is anyone here in this matter? Oh, have you provided these to him just. Oh, I see. Okay. Okay. If you wouldn't mind just showing those to him. And then submit them. Sir, if you would take a look at these photos and see if they show your property properly. This property is located at 529 Washington Street, case numbers CCSM-0493-2024. The property is located in a mixed use zoning district. On July 17, 2024, the special magistrate found Gloria Hill Evans, Robert L. Hill, Christy M. Hill and Barbara Hill and Ornidian violation of city code section 26171A permits required 269142 exterior surfaces 269143 protection of exterior surfaces and 269144 exterior windows and doors and gave until August 21, 2024 to bring the property into compliance. If a special magistrate found the violation was not corrected by the state a fine of twenty five dollars per day per violation shall be imposed. Preach day the violations exist. Board order was mailed certified mail in the property owner. Yeah. To the property owner and was signed and accepted on July 22, 2024. The board order was also posted at the property on July 18, 2024. There has been progress made at the property. Some of the siding that has rotted, they have started to do some repairs on the siding. The holes in the exterior, the building have been repaired, and they've started putting on some protective coating to protect the exposed wood. I met with Cole at the property, and he explained to me what he would be doing, and the progress that he's made so far. He's basically just doing work that does not require a permit. He's just repairing holes, replacing pieces of siding that are missing, and he will be putting protective coating on the property. He stated that Mrs. Evans will be working with the contractor to come in and pull permits for the windows and doors and anything that is required to have permits by the city. to continue this case into September 25th, 2024, hearing in the event that the work has not been completed or the permits have not been submitted to the city. I'd recommend imposing a fine of $25 per day per violation, commencing on August 21st, 2024, and continuing until the property is in full compliance. Find not to exceed $20,000. They have made a lot of progress since the last hearing. And I'll let Cole give you a little bit of an update if he has. Great. Thank you. So were you sworn in? Yes, ma'am. Yes. OK. Please, if you'd come state your name and address for the record, thank you for coming today. Yes. Good afternoon. My name is Cole Aquino. I'm here on behalf of the owner who is an out-of-state owner. Could you please state your address for the record? Oh, my address is 436, Andalusia, Avenue, Ormond Beach, Florida, 3217, 4. Thank you. The address that needs to be corrected is 529, Washington. I'm here because the owner is an out-of-state owner, so I basically manage the projects that she requires. I have several years of experience in construction, remodeling. I'm a licensed realtor and a pre-licensed state certified general contractor. Pre-licensed, as inensed as in one more exam away from having a license, but none of what is here is anything of me. I'm brand new to the situation. So, up to date, if we can leave that slide there, the trash, the landscaping, the outdoor storage have all been suffice. The protection of exterior surfaces and exterior windows and doors are in progress. And the owner is not sure as to the permit and how to go about it because she's out of state. Okay. She had some things done. She wasn't aware. Now she needs to go and bring those things into compliance. So I let her know that a permit is a very simple thing. You just apply for it here. She needs to fill it out. I can submit it for her. Sign it, notarize it. I can submit it for her and she can get things rolling. She's asking for November so everything can be completed as in after the fact permit for the window and after the fact permit for the door so that you know all of her problems can go away for her. Okay. Okay. And you're good with the pictures. Those are accurate because we. Yes. From this would be the updated Pictures from before we did I Managed some hardy board that fell down I managed some siding pieces that was replaced that were replaced and some painting That's what I managed so far and these are updated pictures except they don't have the painted pictures but that's okay because whenever we meet again she'll be able to take a new picture or I'll take one for it. Okay could you please bring those pictures or Miss Bob Lanke, could you put those into the record and thank you so much for coming today and speaking about what you've done. I know you're asking for a continuance until November. But I think Ms. Bobbillack will be more than happy to continue the matter in September again if everything has moved forward the way that it has since you've been involved. So if you could advise the owner that we're not interested in finding her unless she just stops. Yeah, moving forward. So things will be, we'll just do a check-in in September to make sure you've done everything you could do to that point. Okay. All right. Thank you, Ms. Bobbler. Did you want to say anything? No, I'm good. I would like to bring it back just to make sure that they continue to make progress. As a check. Yeah. But you're good. And if you would, please sign over there. Thank you for coming. So I order this case be continued to the September 25th, 2024 special magistrate hearing. Our next case is 1551 South Dexie Highway. Again, this is Shelley's case. Barbara will be presenting on her behalf. This case is property located at 1551 South Dixie pre-way. Case number is CCSM-0391-2024. On July 17th, 2024, the special magistrate found Emerald Eagles, LP, and our entity and violation of land development regulations 604.12 d sign permits and 26-171 permits required and gave until August 21, 2024 to bring the property into full compliance. The board order was mailed certified mail, the property owner signed and accepted the mail on July 22nd. The board order was mailed certified mail, the property owner signed and accepted the mail on July 22nd. The board order was also posted on the property on July 18th. On August 26th, 2024, the building department received the permit application for the accessory structure that was installed without the permit. The property remains in violation of Section 26-171 permits required. It is my recommendation to continue the case until September 25th, 2024, hearing to allow the permit to go through the review process. And in the event that the property is not brought into compliance and pose a fine of $50 per day, commencing on August 21st, 2024 2024 not to exceed $85,000. This is a plaza. Got it. Anyone here on this matter? Seeing none, I continue this case to the September 25th, 2024 special magistrate hearing. The next case is 34.05 South Atlantic that has been withdrawn. The next case after that is 8.19 B Street, Herman Trial Wine presenting. I'm going to go to the next floor. I just want to continue. Okay. Okay. This is case number CCSM 0582-2024 819 B Street. The owner is greater equity LLC. Violation cited is Section 26902, Registration of Real and Vake and Properties. 26914 property maintenance. Section 2345678. the bill . Section 2, 3, 4, 5, 6, 7, 8, 9, this property is zoned R2, single family residential. On July 17, 2024, the code compliance received a complaint regarding this property being vacant overgrown and it's just a deteriorating property. On July 18th, 2024, an inspection was conducted and the property was found to be in violation of NSB Code 26902. It's not registered for vacant properties. and NSB Code 26914, Section 2, exterior surfaces, three, protection of exterior surfaces, four, exterior windows, indoors, five, exterior attachments, six, accessory improvement, seven, unoccupied structures, security, eight landscaping and nine trash and debris. On July 24th, 2024, a notice of violation was posted on the property with an initial compliance date of August 6th, 2024. A copy was also certified milk to the property owner and was signed for and accepted on August 1st, 2024 in Lake Mary, Florida at 10.52 AM. The mill was also certified mill to the address of the LSE and the registered agent in Sunbiz, but that mill was returned to the city and was not delivered. On August 27th, 2024, a follow-up inspection showed no change in status. This may be in the case, it's my recommendation to the special magistrate to find greater equity LLC and or entity in violation of NSV Code 26902 for the registration of vacant properties and NSV code 26914, section 2, exterior surfaces, 3, protection of exterior surfaces, 4, exterior windows, indoors, 5, exterior attachments, 6, accessory improvements, 7, unoccupied structure, security, eight landscaping, nine trash and debris. And give a new compliance date of September 12th, 2024 to bring this property into full compliance. If the owner does not come into compliance, at the next hearing, it will be my recommendation to impose a fine of $25 per each violation per each day to run until the property is brought into compliance. The fine not to exceed $15,000. Thank you. Is there anyone here on this matter? Seeing none, I find responded in this case in violation of city code as charged and that responded correct the violation before 1 p.m. On September 12, 2024. In the event responded does not comply by this date. A fine and the amount of $25 per day for each section of the code charged will be imposed. For each day the violation continues past the aforestated date. The respondent is further ordered to contact the code inspector to verify compliance with this order. The next case is 402 Bush L drive that has been withdrawn. The next case is 404, Bouchel Drive, Hermitraut wine presenting. Okay, this is case number CE0595-2024, 404, Bouchel Drive. The owner is Bouchel Allen, seven condominium association, EEC. This property is owned are four multifamily residential. The number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are in the number of cases that are 42-13 violations code enforcement and hazard abatement. On June 5th, 2024, an inspection was conducted by NSB Fire Inspector Fred Gattoa, and the property was found to be in violation of NSB Code, Chapter 42 Fire Protection and Prevention. Section 42-13, the fire inspector went back sometime after July 6th, 2024, the fire inspector went back sometime after July 6, 2024 and the property was still in noncompliance. On July 24, 2024, code compliance received notice from New Suburban Beach Fire to issue a notice of violation. So on July 25, 2024, a notice of violation was posted on the property with an initial compliance date of August 15th, 2024. Copy was also milled certified, milled to the property owner and signed for and accepted on July 29th, 2024 at 203 PM in Port Orange, Florida. To this date, there's been no change in the status of the property it remains a noncompliance for the fire codes It's my recommendation to the special magistrate to find Vuchil Islands 7 condominium Association EEC and or entity in violation of News and Murder Beach Code 42-13 and given till September 13th 2024 to bring the property into compliance, into full compliance. If the owner does not come into compliance at the September hearing, it will be my recommendation to impose a fine of $250 for each day, and it to run until the property is brought into full compliance with the fine not to exceed $35,000. So this violation, is anyone here in this matter? Can you explain exactly what this violation is and it's on the condo association's property? Yes ma'am, this is guilty. It's on the common elements. Yes, this is dealing is the common elements. Yes this is dealing with the fire codes. There's a list because the News Mournabeech city code incorporates all the national fire protection agency codes. There's several codes that they have to do. Like they have to identify the electrical disconnect. They gotta get their spring fire protection extinguisher's annually tested. Okay. I see that. I see that. Right. It's all on that. It's all on that. Right. Yeah, I got that so have you contacted the property manager for this the fire the fire department I've been in talking to the fire inspector about this and he's been in touch with them and they they have people scheduled to work on it or what not or get this but it's just not done yet. Not be done right some places we had For excuse me we have for instance. I don't know several buildings out there We're fixing to get to others Some have done things some have not this one just isn't really following up well So that's why it's here. Okay understood and and just to verify that there's no one here on this matter. So I find responded in this case in violation of city code as charged and that responded correct the violation before 1 p.m. On September 13th, 2024, in the event responded does not comply by the state of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of verify compliance with this order. The next case is 430 Bouchel Drive, Herman Troutline presenting. OK, this is case number 05-970-2024-430 Bouchel Drive. Donors Bouchel Island 26 COA, Code-Sotted, Chapter and protection article two fire prevention and fire protection systems same section 42-13 violations code enforcement and hazard debatement This property's owned are for multi-family residential on May 13th 2024 an inspection was conducted by Fire Inspector Fred Godawa and the property was found to be in violation of NSV chapter 42, Fire Prevention and Protection, Section 42-13, Violations of Code Enforcement and Hazard Abatement. The inspector went back sometime after June 13, 2024, reinsubending 13 violations of code enforcement and hazard evapment. The inspector went back sometime after June 13th, 2024, reinspected, and the property was still in non-compliance. On June 24th, 2024, code compliance received a notice from New Suburban Beach Fire to issue a notice of violation. And I'll just stop reading my notes here real quick. I just, when usually when this comes to us for these fire codes, this has been a ongoing thing for many, many months. So he just cited the last two times that they were there and then sent it to us. But a lot of these have gone on a lot longer. So on July 25th, 2024, a notice of violation was posted on the property with an initial compliance date of August 15th, 2024. A copy was also milled, certified milled to the property owner. And according to the US Post Office as of August 27th, it's still in transit. To this date, there's been some progress. The exit lights are repaired. The alarm was inspected. The building still needs elevated keys in the Knox box. And a sprinkler repair is still needed on this building. However, with all the progress on the property, it remains a noncompliance. I talked to the fire inspector about this particular building this afternoon. And we wanted to still come to the magistrate. And with that, it's my recommendation for the special magistrate to find Michelle Island 26 COA and or entity and Valle of Valle of Venice V Code 4213 and give a new compliance date of September 13th, 2024 to bring this property into full compliance. If the owner does not come into compliance at the September hearing, it will be my recommendation to impose a fund of $250 for each day and to run until the property is brought into full compliance with this fund not exceeding $50,000. These guys have made some improvements, except, we really need to bring them here to you because if they you know fix it and they go right back we just kind of want to hold them to the fire codes. Is there anyone here on this matter? Seeing none I find responded in this case in violation of City Code as charged and that respondent correct the violation before 1 p.m. on September 13, 2024. In the event responded does not comply by this date. A fine in the amount of $250 per day will be imposed for each day of the violation continues past the aforestated date. The respondent is further ordered to contact the code inspector to verify compliance with this order. Thank you. Thank you. The next case is 2815 Turnbull Cove Drive, Case Number CCSM, 0425-2024. This property is zone PUD planned unit development. Section cited is Section 74-146 local business tax. On May 21, 2024, code compliance received the complaint regarding the property being available for rent. On May 22, 2024, I located an active internet listing for the property and was able to start a reservation to rent the property. At check of the BTR system found no BTR for the property and was able to start a reservation to rent the property. At check of the BTR system found no BTR for the property. I went to the property finding that no one was at the property. However, there was a coded lock box at the location indicating that access could be granted by remote means. The property was found to be in violation of Section 74-146 on May 28th, 2024. Notice of violation was posted on the property with an initial compliance date of June 14th, 2024. A copy was also mailed certified, mailed to the property owner and was returned. To date, there has been no communication from the property owners and there has been no application for a BTR. Check if the internet listing shows it's still to be active and I am able to start a new reservation to rent the property. It is staff's recommendation, the special magistrate find, Baja Sessions LLC and or entity in violation of section 74-146 and given till September 20th, 2024 to bring the property into full compliance. If the owner does not come into compliance, his staff's recommendation, floor to statute, 205.053, a one-time fine of $250 being posed for operating without a BTR. Thank you. Is anyone here on this matter? I find responded in this case in violation of City Code is charged and that respondent correct the violation for 4.1 p.m. on September 20th, 2024. In the event responded does not comply by this data find in the amount of $250 will be imposed. The respondent is further ordered to contact the code inspector to verify compliance with this order. Thank you. Thank you. Okay. And I got my papers out of order so we're going to go back to five. I'm sure to bounce that. I got out of order because we took that other one and it's on the same page. So that was me. Nope. That was me. So the next case we're going to hear is going to be 205 Ocean Drive and Jason Yates will be presenting. Good afternoon. This is case number CCSM 0263-2024. The property is 205 Ocean Drive. On 410 2024, code compliance received a complaint regarding the property is being used for short-term rentals. On 514, 2024, an inspection was conducted, and the property was found to be in violation of LDR 504.01 and LDR 504.01 and LDR 504.02 on 627, 2024. A notice of violation posted on the property with initial compliance date of 712, 2024. A copy was also mailed, certified mailed to the property owner and was returned to code compliance on 78, 2024 at 7pm. On 712, 2024, one of the property owners, Deborah Tompkinson. the So found out that the Son and Law Patrick Sirmeyer is aware that he was violating the city or was in violation of the city ordinance because one of the complaints and supplied me with a screenshot of him acknowledging this on social media and asking renters to reach out to him privately if they would like to book anything less than 30 days. On 815, 2024, a follow-up inspection showed that the property was still being rented for a short term. It is a SAS recommendation that the special magistrate, Phi, and Patrick, and Annaly Sirmire, Deborah, Tom Kinson, and or entity and violation of LDR 504.01 and LDR 5.504.02 and given until 9.13, 2024 to bring the property into full compliance. If the owner does not come into compliance, it's a staff's recommendation to oppose the fine in the amount of $50 a day until the property is brought into full compliance, fine not to exceed $10,000, excuse me. And so I just wanted to touch base real quick. I did during that conversation. It was brought to my attention that there were bookings that were still taking place during this time. And I was aware of that. So I don't want to necessarily say that there would, I mean, I have it here in the record that they were still, there were still people at the property that could have just been people as far as I know that were already booked out. So we did discuss that. And so I said at this point from here on out, now that you're aware of this, if you can go ahead and just kind of change the listing, so we can do something that shows 30 days, you know, more than 30 days, 30 days or more in that zone. And so that way we can kind of stop the short term renting. And so I know that that seemed like something that they were, she was definitely wanting to do, didn't really want any issues with it. So I just wanted to put that on record. And I also just did supply. All I have here, I have one for you and one for them. If there's anybody here for it, are you both here? OK. And so I just wanted to present this to you real quick. And I'll show you. So just to just say that this is why I'm here. Yes. Have you all seen this? I have another copy here for them. Yes. So, but yeah, that was it. So, I just, if they want to speak by all means, say, or if you have any questions for me. So, do you think they can get it taken down off the website by September 13th? I would believe so, because I'm even stating, the website by September 13th. I would believe so, because even stating, I think when I had that conversation, it was originally back on 7-1. So I mean, I think there's ample time to have people contact them and say, hey, look, so hopefully that's been done. I'm not sure we'll find out when they come up to speak. Okay. But yeah, I think they should give them ample time. Okay. All right. Thank you. If you'd like to come forward. I think you've been here long enough to know. If you can sign afterwards. Okay. I'm Anna Lee. Sir Meyer. I'm the daughter-in-law. I own the home. It's two-of-five ocean drive. I own the home. My husband, Patrick and I, and my mom, Debbie, who is the one who spoke to Jason. It has already been brought into compliance. We have actually a property management group that manages the property. So originally, I believe my mom spoke to him about this, but I think the violation letters had gotten sent to a previous address of hers, so we did not receive them. And I'm not certain. Did you speak to the property management group? Just to my OK. So we did call them and talk to them. And there was also something on the website, I think, even though it was supposed to be a month, they said people could only book for a month. But then when we went in and tried as well, you could book less. So we have spoken to them. They are aware of that. And right now, if you go on there and look, well, you probably can't look, you can only book for a month and all the renters we have from that forward on, they're all actually more than a month. I think we have two or three that are like a month and a half. So, yes, it has been, we apologize for the delay. We did not know we were getting these until. So actually one of those photos is a friend. So that's I think the other thing we talked to a neighbor also, because there were a lot of cars over the summer. We went multiple times with friends and like because there's three of us, family will go to. So there are definitely times where it's not our permanent residence, so other cars are there. But it has been brought to compliance. We're only here. I know she spoke to you. We're just here in case there's anything else we need to do. We can address it. Thank you so much. Thank you very much for coming. Well, and it was very wonderful. I felt like my mom said she really enjoyed speaking to him on the phone. He was helpful in helping us understand the zoning and all of that. So we could go to the rental company and talk to them since they were handling it. So if there's anything else, please feel free to reach out. Excellent. Yes. If there's anything else, please feel free to reach out. Excellent. And so what the order will say is that you have to comply by September 13th. OK. If you show compliance to Mr. Yates, then that fine will never be imposed. And there will be nothing. OK. So I can do, do you want me to just reach out directly? OK. And then anything you need. Thank you. We don't take any you need. Thank you. Perfect. We won't take any more time. Thank you. If you wouldn't mind signing the roster, did you are you good? She's both ahead. I was like, I feel like just we're all the same things. Wonderful. No, and I appreciate that. And anything that they need to reach out to me to just go ahead and confirm that and if everything seems bigger to go we'll just close it out. Okay, wonderful. All right, thank you. Thank you. So I find responding in this case a violation of city code has charged and that respondent correct the violation before 1 p.m. on September 13, 2024. In the event responded does not comply by this data, find the amount of $50 per day will be imposed for each day. The violation continues past the affore state of date. The respondent is further ordered to contact the code inspector to verify compliance with this order. Thank you. And I apologize for the confusion on the order. Thank you. And I apologize for the confusion on the order. All right, so I think now our next case is 553 E3rd Avenue. Again, this is Shelley's case, but I will be presenting. Property Location is 553 E3rd Avenue, case number CCSM-0439-2024. On May 24, 2024, Code Compliance Officer Shelley Friend observed resealing of the parking law at 553- 3rd Avenue on 524, 24, verification of permits for the work showed no permits had been issued for this work, a resubmital showing the striping of the parking lot and handicapped spot and fees are still due finding the property and violation of city code 26-171A permits required. Shelley did post a stop work order on the property. On 524, 2024, notice violation was mailed certified mail to the owner with an initial compliance date of July 17th, 2024. The mail was signed for and accepted on July 5th, 2024. A copy was also posted on the property on July 2nd by Shelly. On 823, 2024 review, the permit system showed the fees have been paid and the resum middle of the documents have not been completed. An email was sent to the building department to verify the resum middle of the documents for the building department, the documents have not been resumitted. It's my recommendation, especially my administrative find, Ming, Lao, and Shu, Dong, and or entity in violation of city code section 26171A permits required and given till September 18th, 2024, to submit the required documents to obtain the permit. If the owner does not meet the requirements as it's a recommendation to find the $50 per day until the property is brought into full compliance, maximum fine not to exceed $20,000. Thank you. And I don't see that anyone's here on this matter, correct? I find responded in this case in violation of city code has charged in that responded correct the violation before 1 p.m. on September 18th, 2024. In the event responded does not comply by this date date a fine in the amount of $50 per day will be imposed. For each day the violation continues pass the force state to date. The respondent is further ordered to contact the code inspector to verify compliance with this order. Okay, the next case is 817 Downing Street. Again, as Shelley's embark will be presenting. Case number CCSM-0527-2024. Property location is 817 Downing Street. The property is owned R5 multi-family residential. On June 26, 2024, code compliance received a complaint regarding several units being rented out of this location. On June 27, 2024, an inspection was conducted at the property and was found to be in violation of Section 74-146 local business tax. There's three mailboxes located in front of the property indicating that there's at least three units in the property. I also know from previous experience at this property that we had a complaint a few years ago that there was some issues in the one apartment so we know for sure that there's a front apartment and a side apartment but we're not sure of all the how many other units are actually there. It was indicated that when we received the complaint there was possibly up to six units. Mailboxes indicate three. So on July 1st, 2024, notice violation was posted on the property with an initial compliance state of July 16th. A copy was also mailed certified mail to the property owner and was returned unclaimed on July 26th, 2024. As of today, the business tax receipt has not been applied for with the city. It's staff's recommendation to find the product. I'm going to leave his name off, David, because I believe he is deceased. So I'm recommending to find Jill Dempsey and or entity in violation of section 74-146 local business tax and given till September 18th, 2024 to obtain the business tax. Or to bring the property and the full compliance. If the owner does not come in to compliance, staff recommendation to him, pose a one time fine of $250 at the September 25th, 2024 hearing. Is anyone here on this matter? Seeing none, I find responded in this case in violation of sitting code as charged and that responded correct the violation before 1 p.m. on September 18 18, 2024. In the event responded does not comply by the state, a funding amount of $250 will be imposed. The respondents further order to contact the code inspector to verify compliance with this order. Our next case is 1005 Canal Street. Shelley, took of the property that I would like to submit. This property location is 1005 Canal Street. Case number is CCSM-0554-2024. The property is zoned to mix use central business district. On July 1st, 2024 while conducting inspection in the area, Shelley, friend, and previous code compliance officer observed and oversized for sales sign, and the property needed some maintenance. On July 11th, 2024, an inspection was conducted by Miss Friend, and she observed that new sidewalk was also poured. the year before the year. the premises identification, land development regulation 60412D, signs, permits, section 26-171 permits required, and section 26-914 subsection 8 and landscaping. I'd like to correct section 26-171. It should be 26-171 it should be 26-171A. 171A. On July 16th, 2024 notice violation was posted on the property with an initial compliance date of July 31st. A copy was also mailed certified, mailed to the property owner, as was signed for and accepted on July 26th, 2024. On August 28th, 2024, follow-up inspection showed the property remains in violation of Section 26-171 permits required. No permits have been submitted for the Windows, Doors, and an Interior Remodel. I have had conversation with the property owner, he lives in Colorado. And at the time of my conversation, the sign, as you've seen here, which was Mr. Ignacio's sign that was there without a permit, the sign has since been removed. I informed the property owner and I also emailed Mr. Ignacio to inform both of them that the sign needed to be removed as soon as possible, which they did remove that sign. So he did indicate that he would be in the process of obtaining the permits for the work that has been started on the property. So it's my recommendation, the special magistrate find Justin Walker and or entity in violation of section 26-171 permits required. The IPMC 304 with this morning, as you can see in the pictures, they also put the house numbers on the property. So we just have the one remaining violation of 26-171A permits. I'm recommending that the property be brought into compliance by September 18th, 2024. That should give them plenty of time to submit the permits and get the permitting process started. And in the event that the stuff has not been started, I'm recommending that we impose a fine at the September 25th, 2024, hearing in the amount of $50. And the maximum of fine not to exceed $10,000. Is anyone here in this matter? Seeing none, I find responded in this case in violation of city code 26-171A has charged and that respondent correct the violation before 1 p.m. on September 18th, 2024. In the event responded to not comply by the state, a fine in the amount of $50 per day will be imposed for each day. The violation continues past the enforced day to date. The respondent is further ordered to contact the code inspector to verify compliance with this order. Thank you. Thank you. And I will leave you. Unless I'm still confused, that is our last case. Thank you. you