thank you I'm calling to order a code enforcement hearing of the city of Cape Canaveral Florida Today's date is Febru I'm sorry wrong month March 25th 2025 My name is Rick Geller I am special magistrate I'm was appointed by
the city council to hear code enforcement cases pursuant to article six of the city code as well as chapter 162 of the Florida statutes Uh we'll be having uh quasi judicial evidentiary hearings here today One of which is known as a massie hearing Uh the burden
of proof in in both instances will be upon the city to show by a prepoundonderance of evidence that a code violation uh uh uh has occurred or with respect to the Massie hearing uh continues to exist I will determine in
other words based on the evidence presented to me this evening whether it is more likely than not that a code enforcement violation has occurred or continues to occur Uh any alleged violator will have an opportunity to submit any rebuttal or exculpatory
evidence including testimony At my discretion I may allow a member of the public with relevant personal knowledge to testify even if not called by either the city or the responding party Uh anyone who would like to testify we would ask that we have a sign-in sheet
at the uh right at the beginning of the at the front of the uh chambers here We'd appreciate if you would sign in and indicate who you're testifying for Upon request uh any alleged violator may ask relevant and material questions of any
city witness And conversely the city may ask relevant and material questions uh of any witnesses for the responding party I may exclude evidence that I deem to be irrelevant immaterial or unduly repetitious In determining the amount of
any fine I will consider the gravity of the violation any actions taken by the violator to correct the violation as well as any previous history of violations Under the city code and Florida statutes I may assess and order the payment of a fine of up to
$250 per day for a first violation And in the event of repeat violations up to $500 per day or and this is very rare in the instance of an irreparable and irreversible uh violation um fine of up to
$5,000 as well as any cost of repairs made by the city I can also order that as well At the conclusion of the hearing uh I will issue findings of fact and conclusions of law based on the evidence of record I will issue an order here uh on the bench and also in writing I
always endeavor to do that the same week as the hearing Uh the city will record any certified copy of an order imposing a fine in the public records of Bvard County and that will then become a lean upon the land where the violation occurs
as well as upon any other real or personal property uh owned by someone deemed to have uh been in violation of the city code Any order I issue may be appealed by any party to the circuit court of Bvard County within 30 days It is the responsibility of the appealing
party to obtain a excuse me a record of these proceedings and appeals limited uh to the record presented to me this evening Um by way of housekeeping the city's agenda packet uh will be administratively accepted into evidence
as city's exhibit one PowerPoint slides uh for each case will be administratively accepted as exhibit number two And I have approved of the minutes from the February 25th 2025 special magistrates hearing I have given
those minutes to our recording secretary Miss Roth The next hearing date is April 22nd 2025 And at this point I would ask that anyone who uh expects to testify to please stand up and be sworn
in Do either of you uh expect to testify Okay All right Do you swear that the testimony you're about to give shall be the truth the whole truth and nothing but the truth So help me God Thank you very much The first case on the agenda uh is uh
case number 24-225 uh Charles and Helen Pensiaak uh LLC property owners Um and I think uh you have an announcement to make on that one Yes sir Right now at this time he has applied he has u applied for and
obtained a building permit It expires in September uh 10th of this year All right So um is the city um then uh just dismissing the action Yes sir Okay Then
we'll accept that dismissal Thank you very much Thank you sir The the second case on the agenda is case 24-240 and uh Lee Coats trustee is indicated as the property owner and if you would uh kindly just introduce
yourself for the record Officer File Chris Fel City of Cape Canaveral Code Enforcement First case we have pertains to Lee Coach Trustee address 220 Westl Long Point Road Violation is for property maintenance property
maintenance standards 3496ABD Standards established section 34-94B Purpose notification summary Notice of violation was mailed on 126 2024 since certified to the Lee Coach trustee
12 2024 return to sender 172025 posted property in accordance to Florida State statute 162.12 notices notice of hearing was sent out
on 224 2025 sent certified mail via USPS 3142025 return receipt received there's the parcel through the Pvar County Property Appraisers Office Uh may I ask you this Is there a
separate address for It looks like a duplex Correct It is a duplex sir And that's the uh the correct um picture of it All right So the 2020 uh West Long Point Road That would be this this half
of the duplex Yes sir It's to the left of it Yes sir Very good So in 2024 I received a complaint regarding broken window falling siding raccoons on the property It was a a complaint that was filed through the city Upon arrival I made contact with
respondent I conduct an inspection of the property I observed the broken window which later in time the broken window was not a broken window due to it being blown up It was a tint that was falling down I'm not sure I understand
that So the window was not broken The window was not broken after I did an in-depth uh discovery of blowing up the window from far away Um you're talking about zooming in on a on a picture on a big zoom page The tint was coming down
from Oh the tint The tint of the window I see A coating of tint that was coming peeling off far away It looks like it was broke I see So okay The resident was vacant for at least 5 years While inspecting the rear of the home there was a little issue with raccoons There was no raccoons I did a perimeter check
No rac raccoons were found at all I told the uh the the the complaint if they had any issues to not notify animal control On 1028 2024 courtesy notice was mailed to the homeowner pertaining to this complaint
And and basically at this point what we're concerned about is is the the tent falling off and the the siding Yes sir Yes sir Correct So on 114 2024 no contact was from the respondent So no contact was made On 114
2024 I put a door hanger/courtesy notice was placed on a residence to make contact with them to move forward with the case Okay 11204 They responded contacted me in reference to the door hanger notice
So I set up a time on 1112 2024 I met with the property owner league codes at the residence at 220 West Lawn Point Road and went over the code violations and discussed a plan of action for compliance We were both on site We spend
about 20 25 minutes together going over uh a plan of action for compliance So if I could understand correctly the the notice of violation on November 12th that was not the notice of violation that we're
here under because we have another notice of violation mailed on the 7th But what happened was is I I met up with them with Lee Coats at the at the property and what happened was we discussed a plan of action She was going to move forward with getting me a
general contract or some other information to me She never did that Okay So at that point I generated a notice of violation and that was mailed to the property owner on 17 2025 No contact was
made from the property owner So notice of violation was mailed and certified to the property owner So So was the first notice of violation sort of this is what we want you to do and the second one was we really mean it
Exactly Yes sir Yes sir So what happened was no contact was made from the property owner and a violation still exists on February 2024 So at that point a notice of his hearing said mailed to the property owner So I
went through the notice of violation and then I went to the notice of hearing So at that point originally sir I made contact with her I thought it was she was going to be in compliance with her plan of action and we moved forward with it and I didn't hear any response Okay
So at that point I went ahead with that end of the notice of hearing Right So that's the picture of the front of 220 West Long Point Road right over there where the where
that little blue chair is That's like the main entry to get into the sort of say duplex to the left There's the broken side the dilapitated siding that's located up top Now you see the window from the window from far
away appeared that it was broke but it's not When I blew it up it was just a tint falling down Okay So the dilapitated siding is still there and that was the main concern about the code
right It looks like um there is some um for what you call that particle wood or or I don't is there a better word for that Correct Correct Like like I mean you can see the sidings hanging down and and for safety reasons and security
reasons of of codes and particle board that's Yes sir Yes sir So that was and there's a side view from a different angle Yeah And and it looks like that underneath
the particle board looks like there's a a hole into the into the structure Is that the case I didn't really notice a hole too too much but it looks like a triangular black area under the Yeah it looks like that might have been like a a tarp you know like they put like a coating over
the plywood sometimes Okay You know like a All right Like a covering So I don't know how in depth they went with that when And and then then also between the window and the particle board there also appears to be a gap Is that in fact is that a gap that goes
into the interior There's there was some little openings near the gap So we have openings We have openings into the interior Correct On the outside of it where where the rain and the elements can just blow right into this um structure I mean my main concern was the
dilapitated siding falling down Yeah And it's not you know it's it's kind of a an issue there It it's more than kind of it is an issue Um is there any issue with the um there's some wires hanging there
too I don't think you cited them for that but No the wires the wires that was Let me see something You see how it it's almost like it's Yeah No the as I went back there to check on it the wires
somehow were elevated up So I just want to make sure there's not some safety issue there that anyone overlooked No sir No sir Okay But that was the pictures that I that I I taken for the for the for the code Okay
Um so it was that side and that side All right And then and and and the the the the issue of the tint having peeling off the window I mean that is I mean either it has to be completely removed or or or
replaced you know So it's either one or the other It just has to look We don't care if they have a tent there or not but it's like fix it repair it Yeah Either remove or Okay Yes sir Yeah Either remove or replace the tent But I thought it was broke from when I first started from far away And as you can
tell it from far away it dizzled Yeah But as I blew it up sir it it it turned out that it was tinted as you can tell Okay So anything further That was my uh that was my uh case that I had pertained
to this residence Okay to the my staff recommendation is to I mean this is just my end for another 30 days but that's just my end April 25th to um to come to compliance the 25th to comply with the notice of
violation Okay Okay And um all right is um well is you aren't Mr uh Mr or Mrs Coats by any chance No No Okay All right So I
I assume um Miss Coats is not here this evening Is not here Correct All right then Um then then she's just she's she's waved her right to um to to give her side of things Okay And um so other than
the um one month to get this taken care of anything further you like me to consider No sir At this point I think I think I'm really leaning towards the the dilapitated siding and and fixing the tint All right Are we uh
All right All right Well I'm going to issue some findings of fact I'm going to find that the respondent uh Lee Coats as trustee uh owns the subject property that that the notice of violation that is appearing were served in accordance
with the Florida statutes and the and the uh city code I'm going to find that um the respondent is in violation of the property maintenance standards of the city code and uh in particular section 34- 34-94
uh which talks about good community appearance violation to 34-96A and D A um states that sub paragraph A states that maintenance and upkeep are required for all improvements within in the
city Uh B requires maintenance of the exterior in a clean sanitary and safe condition All parts thereof of shall be maintained in good repair and capable of performing the function for which such structure a part was designed or intended to be
used And then D exterior property area shall be kept free of all nuisances I find that the property is a public nuisance in the uh condition that it is in that it it has a blighting or
deteriorating influence on the neighborhood And uh sub paragraph D states that exterior property area shall be free of blighting or deteriorating influences on the neighborhood We clearly have that here I find a
violation of 34-97 that property must be maintained free of hazards I think there's a potential hazard when you have a a building with openings where the elements and the rain can get in there and cause structural
degradation and and all sorts of hazards I'm finding a violation of 34-122 which prohibits public nuisances 82-121 which requires uh u maintenance You didn't give me any uh
testimony on the um uh the the property itself landscaping the the yard is with Did you have any issues on that Because I think I think they were cited for uh for that that provision deals with this one I just cited the
82-121 talks about excessive weeds overgrowth I mean I haven't seen I've not seen any evidence about that Okay Right So we're not going to find a violation of that All right And we're going to I'm going to issue an order giving the
respondent until April 25th 2025 to uh repair or replace the dilapidated sighting and to um remove or replace
uh the uh the torn window tent and that she should do so Um uh pulling all necessary building permits and that if the respondent fails to timely comply that I would ask you to um schedule this for another hearing
before me It would be a Massie hearing at that point and and we'll uh take a look at assessing fines that I would ask that if we do schedule a follow-up hearing that you again uh give uh Miss Lee due notice so that she has an opportunity again to appear
present evidence and testimony uh that I'm I'm going to reserve my um right to enter a fine of up to $250 per day uh for each day that subject property remains in violation but that that will be at a Massie hearing Well
that will be considered and that if I do impose a fine that um that fine will become a lean in favor of the city upon the recording of an order opposing the lean And let's move on to the um third item on the agenda then that's case
number 24-208 Dian Bateson is indicated as the property owner and uh officer coats if you could just introduce yourself again for the record Yes sir Gerald Coats code manager city cape All right As you stated Mr
24-208 Dian debates and Ligon Trust Um address 8801 Sea Shell Lane Violation is for work without a permit Building code 105.1 Permits required 110.1
inspections Notification of summary Magistrate magistrate orders on 102924 sent certified mail 11124 property was posted in accordance with Florida statutes 162
notices along with the required posting at city hall notice of Madison hearing 22625 sent certified mail 342025 posted property in accordance
with Florida statute 162.12 12 notices along with the required posting at city hall There's the picture of the property So this is a a quadlex I assume One two There's there looks like two on
this side There's two Yes four So it's a I see Okay All right So go ahead Yes sir On 10 2224 staff presented this case to you and you determined that the property was in violation of notice of violation
gather respond until November 22nd 2024 to either remove the installed 5-ft fence reduce the fence height to 4 ft ensuring that there are no unsafe edges or submit a complete variance
application to the city including payment of all required fees for approval of a fence exceeding 4 ft in height Okay On 112024 Miss Bateson submitted the variance application along with the required fee to city hall On
121824 the variance application was reviewed by the community economics department director Rihanna Sult Uh need to uh inform you Mr Giller that Miss Sult is no longer with the city of Cape Group Okay On 1223 24
following the review Miss Bates was informed that the variance application is incomplete as it lacked the fence location and distance from the property lines She was advised that a completed variance application needed to be resubmitted before it could be
considered for inclusion on the agenda for the January council meeting On 21225 I inform Miss Bateson that the variance application was still incomplete and must be finalized and submitted no later than 2:25
2025 on 35 Hold on a second Let me just uh so so you spoke with her on on February 12th said get this complete the application by by what date February 25th 25 Okay So a couple weeks You gave her a couple
weeks Yes sir And on 3525 I received a telephone call from Miss Bateson inquiring about the magistrate hearing She stated that she was unaware of any issues regarding incomplete application I explained that the application must include the proposed fence location and
distance from the property lines On March 20th 2025 the variance application remains incomplete There's a picture of the fence of this 5T around the property showing five foot property
representative Okay All right Uh um whoever would like to come up and and uh testify and I would just ask if you give your name and and address Thank you Okay This has been quite a show Yes Can
I have your name and address please Diane Bateson Thank you 8801 Sea Shell Lane Cape Canaveral 32920 Okay Thank you Okay Let me start with saying that I purchased this property in 2011 Um there was absolutely no fencing
around this whatsoever And I'm on the corner of a four-way stop And back then 14 years ago the traffic was tenth of what it is now Okay Um I have a Lockantina restaurant bar right directly across the street from me Well it's
caddyy corner but I'm on the corner Um a Circle K gas station and now 13 Airbnbs in my neighborhood I've been a realtor for 32 years here in Bvard I'm a flight attendant I've worked for the Cape Connect Can you slow down one one second
Make sure I get all the So you have a restaurant bar a cantina you said Lantina Mexican restaurant Lantina Okay That's that that's that's Caddy Corner And then there was something else you mentioned right adjacent the Circle K that that's what was causing a lot of the traffic Okay got it Yeah Well
not including now we have seven ships that are in and out of the port weekly um who now drop off people in my subdivision to go to the beach So they're bringing their luggage walking by my house all the way back to the road
or to the beach And to be honest with you I'm feel very unsafe there I'm a single woman I come in at all hours of the night cuz being a flight attendant that happens Um I work for the uh cruise ships I I leave at 6:00 in the morning
and um to be honest with you I don't really feel safe there without it a minimum 5ft fence It is a townhouse complex Um there are eight town houses in Cape Canaveral and every one of them has either a 5ft or sixoot fence around it Let me just stop you there Are you
talking about the eight town houses Is that part of your building or is that Well I'm separate from everybody I mean we're connected but like how how one thing I wasn't when I saw the photo was how many townhouse units are in or on your in your building No in my building Well I'm just I'm single The next one
sits back about 15 ft I don't see them The next one sits back So it's if you talk the microphones that way we So it's kind of kind of caddy Thank you so much Um so so there are four townhouse units It's a four Yes Four units Four units Got it Okay In their town houses So I
did my due diligence and I went around and took pictures of every townhouse complex that has and they're all six to five to six foot um fencing Okay Now I am on the corner and that's where the code violation came in because it said I had to be I could only be 4 foot because
from the center of the road Well this is a unique piece of property When Mr Morgan built this property Um and he used to be the mayor here He was did not fill in up to the road So my pool okay now I have a pool First it was a 4ft
fence around the back of my property Nothing in the front Well after numerous calls to the police and to um an ex employee here at the city hall or for the city um he recommended that I get a minimum
5ft fence Um I've had people sleeping in my yard beer cans um just all kinds of paraphernalia that goes on and on and on But so from that 4ft fence let me stop So you have beer cans and people
sleeping in your yard Sleeping in my yard before the fence was installed Homeless people which is fine I work I I volunteer out at Matthews Hope and do it all here for the homeless people So there's nothing against them It's that they have nowhere to go Okay and they and I wasn't comfortable with that So I
put a 4ft fence around my pool around my yard Okay let's fast forward seven years I put a pool in Okay Can we Can I stop you there You say you say a 4ft fence was installed Is that the same location where the current 5ft fence is No it's
not Where where was the 4ft fence installed The 4ft fence is in my backyard Oh around the pool Well there was no pool though Okay so this is where I'm going with this Okay Um the 4ft fence was put in when I first bought the property Like I said I was going to
flight attendant training and I could people could actually walk across the from the bar right into my backyard and sit in around the patio And so I put a 4ft fence in the back of the in the backyard Did that stop the trespasses No
it helped But since I am 6 foot below the road that 4ft fence is like a twoft fence Okay I've got photos to show you Okay And um so now fast forward seven
years I decided to put a pool in So the the guys that put the pool in I had to take a couple um sections of the fence down which normal All right So then the pool's done Um now I really got riff raff coming in the front yard yard all hours of the
night People yelling over "Is that a community pool?" So after again multiple calls to the police I have reports u not to mention a coyote that jumped over the fence into
my backyard with me out there So coyote jumped over the 4ft fence Oh yeah Sailed right over because again I am I'm way below the road If you stand up on the sidewalk there across from the restaurant you could literally pull the
pull the ball over Okay So there are sixt fences all along the back of my next right on that road across from the Lantina The last townhouse has a six-foot fence on the corner So these
are other town houses you were talking about Oh my complex Your So so other town houses in your building have a 6ft fence Well this is a house I'm a house There's a house There's a house And there's a house There's only four houses We're all 2400 ft but these are
connected houses They're all the same roofs Correct Same same builder Um so anyway the the one on the opposite end of mine which is the first one has a sixoot fence Okay Okay No pool just a
sixft fence So all I'm asking is to have a have the 5-ft fence and it's see-through It's not obstructing any of you any It's a really nice aluminum black with the arrows on the top Very expensive I saw the photo
Yeah Okay Um very classy It looks awesome there I've done nothing but property improvements there It goes all the way around to meet the 4ft fence to the back Okay Okay And I just want to continue that Actually I'd like to continue the 5-ft fence to the road and
then 6t across the back of my property And if I was allowed to go at least 8 foot that would be wonderful because that's still not not even you can still see the cars driving by Okay It's a security thing It's a liability thing My insurance company won't won't insure
this anymore Um actually I've got two insurance companies that have turned me down because it's the pool To have a pool you need to at least have a six-foot fence Um I went around and got all the pictures in the neighborhood of all the new fences that have been put up around their pools and they're all
sixoot and the people are on the corner Okay So I'm I'm just terrified I don't want to I don't want to stay there without feeling safe and a few would come out and see the property You you have to go down to the to the fence And
there's the pool but you can see I'll show you pictures I mean Rich lives two doors down from me He has a sixoot fence in his backyard Same road right on Atlantic And he he can verify the the riff raff the problems that I've had there because I am on a corner And I
really feel with the with the increased you know Airbnbs and what's going on in Cape Canaveral I mean we're expanding like crazy and it's I'm sitting duck there I'm I'm just someone's and someone drowns in that
pool I don't it's my it's on me and I don't think that's being unreasonable And all I want to do is just take out the 4oot or I could even add the new fence behind it But I got to have at least 5 to 6 feet on that
fence It's not a normal lot sir It's I like I said I sit down 6 feet from the road Now when you get down to the front part of my property where the where I put the fence um the nice ones with the nice gate and stuff to protect my my
front yard um it's flat there So that 5 foot is do is is good I feel safe there No nobody's going to jump over that fence But I want to continue it all the way around to where my property you know ends Um I have a sixoot fence on the north
side that's connected to the next guy over um that I put in for them and then they continued it around to the other lady So it's just you know Sure And you said you got some photographs to show me Are the photographs on your phone or where are they On my phone sir Okay We're going to need to um in order to
make them part of the record we need to have these photographs emailed to the cities that because if they're just on your phone um we need we need the record to be complete to have the to have the evidence that Okay that's fine So So what I'm going to ask
is um is there a is there an email address that she can email the photos to Miss Ross She can email them to me It's pcape canal.gov gov I'm gonna have to get that from you when I Miss Bates and I can give you my card right out front You can just email
it to me Okay Okay Thank you Uhhuh Yeah that'd be awesome All right So I'll I'll let you go ahead and show me the photos but but I want um I would like um Officer Coats to see the photos too So so the city sees exactly what you're showing me Exactly And Okay So if you want to come up here and we can I can
show them to a couple couple of them just so you kind of have an idea You really nobody can really and Rich can verify this for me You can't get the depth of this And I think Joel knows I mean you've seen the back of the yard You you you can see right in You can
walk almost over the fence to get in Okay And um anyway so that's what's happened I mean I would have been fine with the 4oot if I didn't have all these people coming and hanging out And I I can't you know I have a dog but you know she's she's a rescue and she's 14 so
she's not going to help me much I have a gun but I don't want to use it All right Understood Understood Do you want to come up and show me the photo since I will not be able to And then then sir we'll have you testify when she's completed Well I just want to throw in a couple Well well hold on Just just just
hold just hold on and we're I'm going to we're going to finish uh with with Miss Bateson and then and then I'll call you up to testify Okay This was just this morning Several beer cans in the front Okay Hold on a second If you go back So we're looking at a a photo of looks like a is is this
a patio or what is that area there That's a city walkway That's a city walkway And we have And this is your fence on the right So and so so we have a a beer can sitting on on the city sidewalk basically in front of this in front of this fence This is me standing
on the sidewalk behind my fence behind the fence on the main road there Astronaut Okay Okay And is this So this is my pool I see the pool behind behind the behind a and and that there is a 4ft fence Uhhuh Okay And and I can see
here's my balcony up here Okay And I can and so we're going we're looking through some foliage at the pool and I can see the balcony also through the foliage here Okay And I'm just trying to describe these photos for the record There's another one Okay And this again is from the vantage point of of
being on on the public right of way looking into the property over the 4oot fence seeing the pool through the foliage Okay Okay Okay There's a that's a sixoot fence That's it's like a meth basically on the other side Okay That's six foot
Yeah This and it's coming behind Rich's house as well Okay So we're looking at a either a a if you call that a split rail or picket fence Yeah Well this is this is a city little where they get the bus which bus number nine goes picks up people here but the houses are behind it
Okay Can you explain to me where your properties in relationship to this uh split rail fence This way all the way down to the light where there's a four-way stop There's a four-way stop right there Okay And where's your property in relation to this Um this way Right property's on the corner down here Mr Geller This is a an out and this Okay
there's a main road Okay All right Um All right What What else would you want to show me Okay This is a 5ft fence It goes around one of the condo complexes completely all around in Cape Canaveral out there Salana Lakes Okay So this is not this is not your
exact This is exact fence I have but mine's in black Yes And and this is not your building This is another complex Okay I just wanted to get there Okay This is the end unit on my complex Okay On the opposite end it says number four 3 2 1 I'm one This is a sixoot fence
they have Okay It looks like it looks like a wooden fence back there It is Okay But I don't want a wooden cuz I want to be able to see through Of course it won't obstruct any traffic lights or anything right This is my another neighbor of mine two doors down that has a sixoot fence all the way around his property and he backs up to astronaut
Okay Is this also part of your building your townhouse building or is that a different building Atlantic North Atlantic Okay So that's North Atlantic you were showing me And there was another wooden fence of approximately 6 ft Right Okay This is a house across the street from me Just put in a vinyl fence
Six foot Sixoot vinyl fence across the street Mhm Okay All right And this is a brand new house out there by me that has a put a pool in This is a new Airbnb they built And this is a new sixoot vinyl fence Okay Again a sixoot vinyl fence I'm going to show you mine here in
just a sec Okay So we're looking at a number of fences that are opaque versus yours which is which is is you can see through it right Okay Take your time Video Let me see This is me standing out from my pool
area looking out to Atlantic Avenue So this is from within your property We're looking out I'm standing on the pool deck Okay And I I see the the foliage I don't see the fence the existing 4ft fence That's the
thing Okay There's no fence Okay So all people can see is a pool Well I thought you said there was a 4 foot Okay Well going back to the prior photo I thought you said there was a 4ft fence that separated your property from the ride ofway from the There is You
can't see it Okay That's the point that that it's that it's just not visible Okay And since now this video here we're we're looking at the and this is the 5ft fence that we're looking at Okay It's very nice It's it's classy people all my neighbors loved it and they were like
"What a good addition." Let me let me see Here it is Okay And on the behind this is a hedge Okay This is my hedge The fence is behind here You don't even see half of it The only half See there's the corner There's somebody riding back
Here's my fence This is a corner here The fence die on me It's gonna die Maybe not Let's see Oh there they go Okay here goes Okay
that's from the corner going south There's my There's a wooden fence There's the one I want to replace And it and it hooks You got to be kidding me See now it's not Is there anything else you like me Well
I wanted you to see this one fix It won't take a second That's okay Because it's so important to me This has been This is something I worked hard for This is um This is the 5T fast And there's my garage door And it comes around comes around to the front of the property
Uhhuh Comes around to the front at the corner right there Mr Geller Right And then and then it goes over to the to the front Um but I did take a picture of the No it's gonna This should go all the way around I think I walked it all the way
around So this is where I just want to replace this with the same black five foot fence Right But this fence is not the one that you're appearing before me on Actually that would be another procedure Oh well this was in that that was that was in this In other words the
variance I applied for the second time and Anna is the one here at the city hall said to include that in this variance for the five foot because that would be the best way to do it So the fence just goes here all the way around and it will just finish off the property and give me security I the liability
won't be there on me and my safety will won't be jeopardized Thank you Thank you very much Uh let me ask you this just so I have a and and you mentioned that you you work I'll let you go back to the to the microphone over there if you would please You
mentioned that that you um you're a flight attendant Is there is there a particular airline that you uh you work for Uh yes JetBlue but I I just have retired from them Okay Uh 13 years out of Orlando Okay And then then then you're also doing some work for for
cruise lines The cruise lines What do you do for the cruise lines Um I check everybody in um with their passports and security clearances and and all of their documents that they have to Okay All right or the ones that are trying to cruise and can't Okay Anything else you
want to let me know before your neighbor comes up to testify Um no Just that you know it's it really is a unique piece of property and the fact that it's on the corner and all of the traffic is tripled if not Yeah And I just do foresee a real
traffic light there because it's just inevitable something's going to somebody they run those stop signs all the time and there's a lot of kids and people walking and it's eventually going to be a four-way stop It is now but a real four-way stop with a light Okay I
appreciate your Thank you Thank Thank you Miss Bateson All right sir Would you like to come up and and offer your your perspective And if you would uh I'm going to make it short That's fine And uh if if you would please that's fine If you would please give me your name and address My name is Rich
Morris and I live two doors down from her at 8805 I'm sorry Is it Morris or Morrison Morish M O R R I S H Morish Got it Okay The only thing I wanted to say is first off when they built when Morgan
built them condos he didn't build up any of the property So her house in my house which Morgan didn't build but they didn't build that one up in the back either is actually almost six foot lower than the road Okay Now I can sit in my
backyard and look out towards the road I can see the whole cars wheels and all going by you I mean that's how low that back piece is right And so she could put a five six foot fence back there and it
would still only be two foot shorter than the road I mean it's not like it's I I understand that you you don't want a fence there that's high that uh changes the view of what drivers can see but she wouldn't be even with the road if she
put a 5ft fence there I I think there's some confusion about what fence we're here on the whole fence that goes down the back piece Yeah the I I think the the citation that we're dealing with is the the 6T uh aluminum fence uh along
the the around the corner I'm sorry the 5 foot I misspoke The 5ft uh fence around the corner Is there any any testimony you can give me about that Well her fence in the back of the property that goes out to the road is 4 foot I understand that It's still 3 foot
shorter than the road Right That That's the point I'm trying to make It's not even to the road I understand behind mine when Morgan built her property I already own He fenced that whole condo complex next to me with a 5ft fence I
understand He even went and ran the fence down behind my property at 5T Okay I can still sit in my backyard and look out over the top of that fence and see the cars go by Okay I mean that's that's the difference Excuse me sir would you
please talk into microphone Thank you Thank you very much Yes ma'am I'd be happy to So that's the only thing I wanted to throw in is is the the the height of of those properties They kept building the road up for years They never built that piece of property and
now the piece of properties is totally useless because it's too thin Okay And you can't get the property up even even with the road Let me understand something I want address I'm going to let Miss Bateson come back if if you're done sir Mr Morris Yeah No I can Thank
you I appreciate that Thank you so much Miss Bates uh any and what I'm really concerned about is the metal fence Let me address in the front Let me address that Is there anything else you'd like to like me to consider about that And the reason I went 5 foot on that is because the 4ft one that I had put
in it's still there Even after the pool was not adequate enough So I would went in with a 5ft fence variance Okay I paid the $825 and then I never heard from anybody again for like four months So
that's all that's what I assumed was fine And the fence company that put that fence in took my money said "Yeah 5 foot is you know the state of Florida if you have a pool you need a minimum 5 foot around your around the yard." So that's
how the 5- foot came about Cuz the 4oot did not keep anybody out All right Um did you um provide the information that the city said was missing from the variance application
Yes Well accord Yes I the fence is already I thought they were talking about the wood fence and I have all that because I've already put it in So when I put gave it to Anna and she you know told her she said include you know everything and so I put in there I wanted to extend the ex existing 5-ft
fence where the 4ft one is all around the property and and then when you came back when they came back and said they needed more information or I I said well the city already has that the fence has been there for nine years and I have a survey which I submitted to them and
they had the they have that of where and the city sidewalk to top it off is on my property So that's not good So that's why I had to sit back move the pool do everything else and I never made a big
stink about that And as far as tearing the sidewalk out so I could have a bigger pool Is is the survey Does the survey show the location of the aluminum fence Oh the aluminum fence Uh yes I think it does because that's the This is a new survey then Yes Okay I'm sure it
does because it came I gave it to the um uh fence people and they marked marked it all up Yeah it's it would just go you know it's it's per it's perfect The setbacks are perfect Everything's there Just follows
the the sidewalk In fact it comes inside from the sidewalk because like I said the city put the sidewalk on my property And when I addressed it to them they were like well I don't know how that happened I'm like well anyway that's it's really not a big deal It's just it
it's liabilitywise and security-wise I'm really surprised that the city hasn't come to me and said "You need a bigger fence around that pool." Cuz it's just a matter of time before somebody comes over that fence and then I've got to deal with it Okay
Anything further before I call the city back No Okay No Thank you Officer Coats would you like to respond to what you've heard Yes sir Must once again Mr Geller you said it Uh we're the question is about the 5ft aluminum fence that was
put up without permitting number one Number two the uh variance package that she did pay the fee $825 I believe um is incomplete She was told this
uh like I stated in my PowerPoint presentation as of March 20th 25 it has not been received right now They now Miss Bateson testified that a survey was prepared It was given to the fence company Do we know if that survey is
included in the variance application I've got the variance application with me if you'd like to look at it I would like to look at it So we're going to administratively mark um Miss Bateson's photographs and videos as exhibit C collectively Thank you We're going to mark the uh the
variance application as exhibit D is in David property survey number five That package you're reviewing right there was a reviewed by the department director Okay Um Miss Brianna Soap and
it was deemed uh Okay So what missing items Okay So I'm I'm looking ma ma'am please please please I need I I I I will have you I'll call you up when when officer coats is is completed but I
need to do this in an orderly fashion All right So so I'm looking at a survey and Mr Gil I'm not the one who reviews that right I just I just am I'm I'm looking at
the at the survey and and so if they're saying that we're not it's not showing the fence location And I see a dotted line that seems to indicate Okay I'm looking at a diagram of the whole
property without fence I think what is needed on here this this appears the dotted line appears to be the utilities and drainage easement and so I do not see a a fence delineated on the survey I
think that's what the problem is Okay All right So if if you if you would give this to Ms Roth to be our exhibit D Okay I I I think I understand what what what's going on now So Miss Bateson do you want to come back up to the to the stand and we can have some further
testimony from you or No I need you to be up there where the microphone is I'm sorry Officer Coach are you done before she gets back I was going to finish my presentation Oh okay Are you okay Okay All right Miss Bateson
go ahead You can Yeah I just wanted to say that you know I've been dealing with like I said a previous employer here that was advising me as well what to do because he's known all the things that I had been going through there and suggested that I put in a 5ft fence He is no longer employed here Okay Um we I
know this is a new we don't have a city manager I was dealing with Todd and dealing with um Anna and Lisa and Renee right And so so so Miss Bateson from I I think I know what the what what the problem with the variance application is
and that is that the survey does not show the location of the fence either the one that's an issue the aluminum one or the one in the back Well the one in the back was done back in 2012 and but it does not appear on the survey That's that's the problem And so
I think you need your surveyor to to add the location of the fence that uh for your application Then you'll have a complete application I think that's that's the missing piece Okay I do believe I have a newer survey that I can submit Okay That I believe
shows the fence That one I don't know why that Well they didn't just say that but that's fine We'll get through this Okay It's really not Yeah it it shouldn't be this ridiculous than hard when it's a safety issue now for me and a liability and um actually
aesthetically I would much rather see that black fence go all the way to the road not that wooden 4ft thing that is almost 10 years old and it's I think his dates are numbered okay so thank you thank you very much Bateson
Mr If I may I want to show you this You have this in your file but I have it right here that you can look at again Okay And Miss B Mason can as well which is And what are you referring to to you last hearing You got that This was the
testimony of of of Miss Young Yes Okay This is permit technician testimony of permit technician Anna Young I explained that once her contractor was advised that the city is unable to approve the fence at 5 foot in height
her contractor requested that the application be cancelled She then stated that MC fence and deck move forward with completing the fence installation at 5t Therefore she's going to apply for a permit for the fence I explained that the fence is in violation of the city code of ordinances as it exceeds 4t in
height within the 25 ft right ofway I advised her that submitting a permanent application for the fence at 5 ft in height would result in a denial I also advised she had previously submitted a request for variance but she did not pay for the request for a variance Miss
Bateson advised me that she is keeping the fence at 5 ft refuses to pay for the request for variance She submitted a permit application on October 18 2024 with the fence as already installed I I think she she cured the issue with the
with the with the yes permit I'm sorry the permit fee I mean the application fee for the variance Okay She did but but the it remains incomplete I understand and and and having looked at the survey I can understand why why the building department made that determination So uh do you have a any
anything further anything that you like me to consider for recommendations Yes sir Uh based on testimony I respect request to measure find the respondant in violation of the notice of violation set forth in the October 25 You want to say in violation of the code provisions
stated in in in the notice of violation Yes sir Okay on October 25 2024 measured to order and fine be imposed the amount of $100 for the first day and $50 thereafter until compliance is confirmed by the code enforcement officer and all
costs associated with enforcement of the violation be imposed Okay All right Let me um let let me ask this for you know once she has another survey So if she goes ahead she submits the follow-up survey
how long will it take uh for the variance application then to be reviewed again and then have it I guess there would have to be a a a hearing Do you have a do you have a board of adjustment here Who who who or is there a way to administratively approve of a variance that goes before the council and I'm not
sure when they hear that that's that okay that because she missed her opportunity for the January hearing because it was incomplete right okay incomplete okay m Miss Bateson Miss Bateson I I I already got your testimony
I'm fine with with her submitting the completed documentation here Here's what I All right Uh here's what we're going to do Um I agree there's a violation I I I having looked at the code uh there is
a violation Um I don't think that the um the submitt of of the survey as was done was done in some with done with done with any kind of malice or any kind of intentional wrongdoing here I think
it's an an error that can and should be corrected Um I agree with the assessments that the fence as installed actually looks good aesthetically Um I do agree with that And so I I would like to give a a full and fair opportunity
for this variance process to go through with the complete application with with with a survey that shows the location of the fence which is that is a perfectly reasonable requirement by the building department to have And so I think there
was a disconnect Um Miss Basin in her mind survey was was submitted and then when when I looked at that survey and you looked at it as well Officer Coats we we saw the fence is not delineated like it like it really ought to be for a fence application So um I'm going to
find that there is a violation of the um of the 5- foot um requirement In fact I already already made that finding in my original uh finding of fact Yes sir Back in um in October Uh so that hasn't changed So I
can't I cannot I'm not I have no evidence that would lead me to undo that that finding And so I think the the violations are continuing uh of section 82-31 which adopts the Florida Building Code and the requirement for permits in
uh section 105.1 of the Florida Building Code and section 110.1 of the Florida Building Code So we have a fence that was installed without a permit The permit theoretically can be
issued if a variance is approved of Sure So I think that's what we're we're trying to get to here is and I think I think Miss Bateson um makes a good case If if I were the if I were on the city council and um could could approve of a
variance I would think she made a very good case for a variance But that's not my authority or my jurisdiction My jurisdiction is to find is there is there not a violation of the code And if there is a violation of the code should a should fines be assessed Um so there
there is a violation the violation continues Uh but I want to give a full and fair opportunity for for the variance application to go forward So what I'm going to do is I'm going to uh accept the city's recommendation that
the fines be assessed at $100 for the first day $50 for each day thereafter from the date from the compliance date And just bear with me on this for a moment We had a compliance date of
November Trying to find that Yeah November 22nd 2024 That was the compliance date Okay So we're going to And then what I'm going to do so so November 22nd 2024
But then we're going to stay the acrual of these fines um for I want to give a a real opportunity to get have this done properly So right now we're at we're at the uh end of
March So April May June Um I'm going to I'm going to stay the acrual of fines until my my special magistrates's hearing in June which is three entire months to submit the new
application with I'm sorry submit the the new survey uh with the application and um to give the city fair amount time to review it and then get it submitted to the city council for hearing either
in May or June Uh and then um if if if the variance is granted then then the the the the fines will never they'll never reappear because they'll all be stayed So I'm staying the
fines And then Miss Roth are you able to tell me the date in June when I would be back here It' be the fourth Tuesday in June Do you have that handy I don't have my phone with me Let me let me do that
I got Yes What is the date of that June be the last Tuesday behind until June 24 2025 Um to again allow submission of the correct survey
delineating the location of the fence and then if if we do not have a a variance granted then these fines would start acrewing I that's that's how I I see this going If if if if for some reason
um some additional time is needed at that point uh that can be addressed uh to me in June If you know just because of whatever circumstances are happening um you know we'll look at that with um um just based on on real genuine efforts
to to get this this variance um heard uh by the by the council Um any questions for me Um no sir Any questions for me Miss Bates Do you understand uh the order that I'm going to be uh entering I do sir Okay Well um
I I hope that uh that you're able to um to get your variance I I I think it's um I think there there there's a lot of merit to it and um I hope um I hope that we'll resolve this uh without that that that these fines will that will they'll
never rear their their ugly head and um we'll we'll hope um that this all gets taken care of So I I wish you all all the best Thank you sir Yes sir Ma'am thank you very much Um All right Anything further on our
agenda this evening I'm not seeing anything else on the agenda so I'm going to go ahead and and uh we'll go ahead and adjourn for the night Thank you so much everyone Huh