##VIDEO ID:dEu1XJgZkyo## um all right I'll call this meeting to order as a reminder if everyone can please silence your cell phones so as to not um disrupt the hearings that would be great my name is mon kmaker I am the appointed special magistrate to hear today's code enforcement hearings can you hear me okay is this good all right um I'm a license board attorney a certified mediator and qualified arbitrator I am qualified to serve as the appointed special magistrate through the town of Fort Meers Beach I'm here to hear today's code enforcement proceedings as provided for in Chapter 2 Article 5 of the fort Meers Beach Land Development code in Florida statute chapter 162 um first item on the agenda is the approval of the minutes and I did review the minutes and I will approve them without any changes so I will sign those okay these they're good we'll get them after all right I'll um next we're going to hear the cases on the agenda these are Quasi judicial hearings which means they're similar to cases in court however the rules are less formal uh formal Rules of Evidence do not apply but fundamental due process will apply and govern today's proceedings in each case I'll listen to the fact evidence before me and apply them to applicable law the cases will be heard in the order that they appear on the agenda unless the parties wish to make any changes now in all cases the town has the burden of proof and will present the case first the respondent will then have the opportunity to speak present evidence and refute the town's allegations all parties who are here to speak on a case will have the opportunity to do so the conclusion of each case I'll issue an order with findings of fact and conclusions of law and affording the proper Rel consistent with Florida law um and I'll either make my decision today or within 15 days at this time I'd like to ask anybody who's here to testify to please stand up so you could be sworn in raise your right hand please do you swear or affirm the testimony you're about to provide is the truth the whole truth and nothing but the truth I thank you you may be seated right um the call it first case and let give me just one second so I can switch all right the case number 202 4743 address 190 bayew Avenue Sullivan Scott that's me okay uh the town may call you make rece good morning your honor morning my name is Officer bam M code compliance officer at the town of Fort Myers Beach and have served in the capacity for approximately 10 months with 5 years prior experience elsewhere I've been sworn and will provide testimony and documentation regarding this case our docum documentation is attached to the agenda as exhibits and we ask that all documents are accepted into evidence all of the documents that we provided before this hearing will did you want a paper copy um do you have an extra one okay make sure that respondant does get a copy Do you have extra one we bring before you for Mars Beach code case 20424 0743 the subject property is located at 190 bayw Avenue Fort Myers Beach 33931 exhibit a contains the documentation that the respondent Sullivan Scott B owns the real property that is subject to of this code enforcement case included in exhibit a is a copy of the warranty deed copy of the Lee tax County Tax Collector receipt and a copy of the Lee County Property Appraisers true accurate and unaltered copies have been marked as exhibit a and accepted into the record on exhibit on August 15th 2024 I observed C Scott B in violation of the Town Fort Meers Beach code ordinance specifically the construction of a wood deck and or structure outside the scope of work on permit 236 648 true accurate and un altered copies of the pictures taken on the date of first sight inspection have been marked as exhibit B and accepted into the record a notice of violation was issued on August 15 2024 and sent by certified mail receipt to the property owner's address of record specifically one Valley View Drive savann Illinois 61074 posted at the Town Hall located at 2731 Oak Street Fort Meers Beach Florida 33931 and a copy uploaded to the town of for Myers Beach website for publication a copy of the notice violation was also posted to the subject property located at 190 bayew Avenue Fort Meers Beach 33 931 on August 16 2024 true accurate and unaltered copies of these documents included including an affidavit posting for the notice of violation and a copy of section 2- 429 have been marked as Exhibit C and accepted into the record Sullivan Scott B was given 30 days to bring the come into compliance with the town of Fort Meers Beach ordinance which was on or before September 28th 2024 I performed a reinspection of the subject property on January 23rd 2025 and the subject property was still in still of the town former's beach in violation of the town of Fort Meers Beach ordinance and no contact had been made based on my reinspection of the subject property I prepared an Affidavit of non compliance and photos and photos and started the process to bring the case before the special magistrate true accurate unaltered copies of which have been marked as exhibit D and accepted into the record as a result of the subject property owner's failure to bring the subject property into compliance with chapter 6- 481 for working outside the scope of a permit of the town code as of January 23rd 2025 they were provided with a notice of code enforcement hearing for today's hearing as established in Exhibit C chapter 6481 of the town code has been marked as exhibit e and accepted into the record your honor at this time I would like to ask permission to add exhibit f a copy of the affid posting a copy of notice today's hearing copy of photo certified mail receipt a photo of the notice of hearing posted on January 27th 2025 to the violation property located at 190 bav Avenue Fort Myers Beach Florida 33931 a photo of the notice of hearing posted on January 27th 2025 to town hall both inside and in a window for 24hour visibility located at 2731 Oak Street for Meers Beach Florida 33931 a copy of the posting to town hall website for publication and two permits number 236 648 and number 2431 180 which neither of them addressed the deck all documents are true accurate and on alter copies yes I'll take a and is it Mr suan yes you can have a seat right over here at this table here you you a look at that just pick up the whole stand and everything I'm going to take a look at it before I admit it and Mr solivan just let me know if you have any objection to the admission of these no be based on my sworn testimony and the evidence that has been presented to you including the exhibits within the agenda packet on behalf of the Town Fort Myers Beach I request that an order be issued finding a violation of section 6481 including an order to correct the above listed violation the imposition of any administration fee of $250 to cover the cost in bringing this matter before the special magistrate and a fine not to exceed the $250 a day each violation continues past the date of compliance to come into compliance with Section 6- 481 I have Kendra Rose the zoning coordinator for town of for Myers Beach available for further explanation any questions I don't want talk she was not swor in so can I S her in you please raise your right hand do you swear or affirm that the testimony you're about to provide is the the whole truth and nothing but the truth she's here to answer any questions towards compliance to help with because I've never made contact mran day one do do you have any questions of her or anything particular you want her to explain at this time okay so um I did yeah I admitted these give me one second and you can you just give me one sec and then you can um you you can stand up at the podium if you'd like sure so I'm not my my contractor has the who's supposed to be here hasn't made it yet um he applied for the permits and I've been going back and forth with him for quite some time making sure that the permits were all taken care of he assured me they were and we've had some conversation he I know that they've had some issues because the deck in the tiki the tiki hut it's all one thing um there supposed to been some issues there saying they want maybe two permits it's all one structure and that seems to be some confusion on their part um do you know or I've been told and and I I've actually had several people look at this and they're they're most people are a little confused as to why we have to have two permits one for the tiki High which basically it's just to cover over top the over to the over top ex and what we're we're we're confused on that one okay so um so as as respondent you have the opportunity to ask questions of I'm sorry could you please repeat your name Kendra Rosa Kendra Rosa could you come up to the podium oh sure okay and then um state your name for the record when you get there Kender Rosa okay perfect so if you have a question of her you may ask that we're trying to figure out I'm trying to figure because I'm being told the permits have been have been submitted they've been approved they paid for all that stuff and all we're waiting for the confusion seems to be that there is some different some information whether the T Bar the T which is just the structure over top of the deck is it do they have to have two permits or is there just one permit because it's all one structure okay thank you so I had a conversation with our building um official yesterday and he said that the cheeky Hut is not regulated or it's exempt by the Florida building code the the structure for the raised deck is actually that is needed for a building permit because that actually has building code related um things that he needs to review the deck itself right The Cheeky basically is more of a zoning perit that we check the set backs okay is there a permit for that de not neither one of these permits address that deck whatsoever okay what you can you can stand here I me or you can stay there it's up to you but which which ones are permitted sorry if you said that already two number 236 648 actually addresses the pool that was installed um and received back in December of 2023 for the pool and like surrounding decking the's it called the papers okay uh surrounding the pool the other deck strictly addresses the tiki hut itself there's no permit for the decking even included in the tiki hut permanent self in number 24318 so the confusion the confusion on my part and I believe on the contractor's part is when they submitted uh sir can you use the microphone please yeah I think the confusion is when they submitted for the tiki hot it was all planned the the the decking the deck and the Tikki were all part of one structure and that's where I'm getting confused because I thought everything was taken care of and I continued I've continued to ask I've had other people look into it reers and hey what's what am I doing wrong here and they're like well it seems to be a little between the deck and T okay and who's who's the contractor you said you wanted to be here um his name it's um gosh night Creations did you say night night k i n g h and I believe he's on his way he's not here the other issue with this case is I've actually been dealing with it since August of last year and this is the first Contact I've had with Mr Sullivan I had a phone call from a Jennifer who I have yes no idea who she has contact with or into what that capacity to the property is other than she worked from in some capacity whether a contractor of some sort she's a contract she's um yesterday the day before she's not been in t with anyone prior to no I haven't not myself okay being the code officer so my problem was not having any contact whatsoever whether it' be posted in novs that I sent out in August so here's question um in order for this to come into compliance he would need a permit for the deck the raise deck is that it I mean I mean the rest of it is properly pered permitted except for the tiki hut is not they're both in a review status so they haven't been final once the inspectors go out final it it'll actually show in our computer system that it's been finaled and it's going to go the issue once it's issued as far as I'm concerned it's complied because of the simple fact of they've already followed all that unless they happen to by chance stop work didn't finish all the final things then it would recreate another case and we would go from there is the deck done or is it still under the deck's done it was installed before the tiki hunt and what's the timeline on a permit for the deck it could take anywhere from we'll say two to three weeks on the safe side with going into different people's computer system desks and complied composed final issued goes in review status that kind of okay um would you like to see a picture of it a picture of the have you seen the the photographs that they sent or that they they admitted do you want to well I I just have I just snap I have a few snapshots here on my phone if you'd like to I didn't see I don't think it really shows the the complete that where looks like it's all one is this your this is contractor okay do you want to call him up yes could you step up here me could you raise your right hand do you swear or affirm that the testimony you're about to provide is the truth the whole truth and nothing but truth okay thank you you have questions for this witness you need to use a mic please are both of those okay are both of those mics on yes okay so how about I'm sorry sir what's your name Craig Craig Knight Craig Knight okay Mr Knight could you please stand at the podium and then Mr Sullivan you may use yep you may use that microphone right there perfect so Craig when we started this project the deck we assumed that the deck in the Tia were one structure is that correct yes it is it's connected it's the post the deck is tied to the post of the T so we and we filed permits for the for the structure the site plan right that you gave me originally had the tiki deck and the deck on there everything and I believe you said you had somebody at the city had already gone over that plan with you yeah I I had looked at yes I had been up here with the city and we looked at it what changes had to be made absolutely um I've got a copy of it on my phone as far as the site plan I don't know if that what what it's come down to Craig is it looks like we need to get every because everything's done we need to get one more permit that says the deck has to be completed it's 250 bucks is that correct I I don't know how much of permit is off the top of my head but so you're requiring two different uh permits for the one structure basically or is the tiki separate how is that so so when I did the review yesterday for the cheeky I'm I'm only reviewing the setbacks of the structure the site plan that was provided wasn't very clear on where the location of the cheeki was um and it didn't show me the setback that's what I reviewed um but with talking to the building official he said for cheeky it's more of a a a zoning permit because that's really it's not it's exempt by by the fora building code the deck itself so that's the site plan right so where it's this site plan is not clear it's not no it's not as far as not clear meaning so can't read it I cannot read it on the plan so yeah okay so I I can't see what you're looking at but um could it be that the permit or the T key encompassed the debt it could I didn't look that far into the plans I was more looking at the site plan and could it be if if the permit the permit that he pulled I mean I I understand that the t is a separate thing but the per that he pulled if it included that debt we can look at it as one permit I would say that would be okay and and I'm I'm not opposed that you guys wanted a separate permit I'm just concerned that we're getting a notice when're from the original notice we immediately started to put in for permit you have to be in the microphon we started to put in for the permit and since I think the beginning of November right and I and we got another notice and I don't want Mr Sullivan to be getting fined and issues like that trying to I understand achieve what you guys are looking for I understand I think I think part of it too is a lack of communication because for for this to come before me there has to have been multiple notices and and I have proved of multiple notices two of them correct so yeah and and I guess so from the first one we immediately started processing and you could see through permitting that we started submitting our application and all that back in November I believe it was okay thank you we can have a SE um do you have any questions for either witness when was the deck finalized in work who are you asking I'm sorry contractor Mr completely done I mean we still have a few things that have to be buttoned up on it when did the work start um back when we right around when we got the the first we were we had a good portion of the framing up okay and the he had a he had the thing is he had a another permit from another contractor that was doing some other work at the house of the property so I wasn't sure if we were going to be able to attached to that but he was getting ready to close his permit out so that's a little bit where we got in the confusion of that but well my photos are taken in August which was provided into evidence you're saying the permit was requested in November and after the permit when we got the the first notice in August I I don't have the date exactly what was August that's about right so my question is is your general practice to pull permits after the fact or prior no we're supposed to pull it prior but because he had an existing permit I wasn't sure what he had the site he had the site plan I wasn't sure if that was the plan that they that original contractor put in for permit when he put in it for his permit I didn't go through his permit and see where he was at um so when he showed me the site plan I my fault I guess as far as thinking that it part of the permit was already pulled and whether I would have signed on to his other guys as their subcontractor doing the deck portion I wasn't 100% POS especially we we kind of made a a mess up we I should have I did I didn't listen I I should have done what I thought was right not necessarily another contractors so I should have had the whole thing put together up front with the deck because the Tiki Bar the the everything was put together what happened on the inside of the house so it was all pulled at one permit and I didn't because the contractors wanted to keep going and I said oh if we do it this way part by part by part we'll be able to get going faster get things done and I'll accept some responsibility there because we didn't do it you know put the whole thing together one time have more question um no I don't think I have any more questions you were showing him I was just showing him the copies of the permits that were originally issued and then the one that was issued in December or not issued but acquired in starting the application filed in December for the tiki hut itself the first one was for the pool and deck renovation so with that in the pool and deck renovation because his site plan has so this site plan is what he had which I'm assuming phone's too close mic but unfortunately our judge can't see that as evidence as it wasn't exhibited into the case there's no print outs of it right um but the pool itself and the exterior of the the de renovation actually I don't have the drawing myself because I didn't pull that portion of the application um but the second one it could be in there as well but it's it doesn't even show in the plan reviews review application on December 12th 2024 the site PL me no the permanent sell for the tiki hut which they're saying addresses the decking as well but this deck was already in start in AUST really bizarre that the phone is doing that is there a way that he can um email whatever document he's looking at to the clerk yeah that way everybody has a copy of it whatever it takes to rectify we're we're willing to you know we're trying right I understand so if it's if we have to if we need to have another permit we'll we'll pull another permit to make to make it work we're fine with that we just want to move on things done correct I understand either way I would I mean I would give sufficient time to come into compliance before issuing any sort of penalty um so I'll I'll issue an order within the next two weeks as to um the specifics but I will allow you let me take a look at my calendar just give me one second please your honor I would be okay with it if you were okay with it not doing the March hearing because that way they could actually have absolutely without a doubt it completed in the issued status and moving it to the April hearing okay like for status check all right so um we can do that I mean I would I would provide and you have to keep in mind it's going to there's going to be a timeline so my recommendation would be you move on on this because it's not going to happen overnight um but I will provide until the next the April magistrate hearing is scheduled for April 2nd okay so um I mean I would say I could tell you 30 30 days to at least get that process going and then um we'll do a status check on April 2nd which is the next magistrate hearing I mean not the next one the two magistrate hearings from now um and at that point we'll check if you're in compliance and if not it could begin to acre fine sure okay well that should be plenty of more than plenty of is that to to pull a second permit or to you yes you need to talk with the permitting department and make sure that you pull the proper permit if you have an existing permit that it's corrected that it's cleared whatever it is you need to do to bring into compliance you need to work with them in order to get that permit and get it properly issued for whatever it is that you're building so if it's the deck needs its own permit then that's what you need to do to come into compliance coming into compliance would mean making sure that everything that's being built is properly permitted okay um so we we had can you be on the microphone sure sorry we have submitted everything from the site plan and other applications for the permit as a whole because the way it was set up originally on the site plan and where it's drawn in there um I'm trying okay and my office has been going back forth and sending the information and they get part of it and then not the rest of it um we're expecting to have the permit should be done relatively soon but the question is whether it's a single permit for the tiki structure versus the deck sure that the t is cover Okay so uh you can have a seat next to Mr Sullivan and then I'm G to ask is it R Miss Rosa I'm Sorry Miss Rosa is that right did I say that okay could you just tell him generally if he needs a two permits or I mean you don't have to go into great detail yeah you can come out just you don't have to come into great detail but just general what it is that he needs and then I'll explain to you what you need to do once maybe a Clear Sight she's not able to see a clear that's very that's a new sound clear site plan that would show you the the deck is combined let her explain what whatever it is that she needs um no yeah I just need a clearer site plan just showing if you could highlight the structure because like when it was scanned in it doesn't exactly show where it's at and then I just need the setback I can I get thatly that picture it shows that it's already highlighted up the but I will I'll have a physically bring you a copy probably better physically bring you a copy versus scanning it and sending it in technical sometime doesn't work should be fine okay so what you have to do is communicate with the town and ensure that whatever it is they need for that permit to be issued for whatever it is that you're building gets done you provide whatever you need to provide and you do whatever it is that you need to do to satisfy that permitting requirement that I I can't tell you what that is because I'm not the permitting department but I need you to work with them and then you have until April 2nd everyone's going to come back here and then they're going to tell me whether whatever was required of you was done um and what the status of that is if you are not complying with the requests or whatever then we talk about penalties at that point um or if there's some up for some reason we just discuss that status and see what we do at that point not problem yes ma'am I'm going to I'll have her bring down a full paper copy of everything instead of scanning anything so there's nothing okay you just need to yeah you just need to work with the the pering department to get that done to bring it into comp so you'll have until until then the next hearing April 2nd um I don't suggest that you wait until then because you know things take time but um that's why I say I you you would have at least 30 days to get somewhat into compliance and like you said then it has to be finalized and everything by April 2 so um we'll bring it down today does that work Absolut okay all right substantial compliance 30 days and then status in on April 2nd sound that work fair enough okay all right so I'll issue an order but those are generally the terms okay do you need any contact information or anything no got you got she my office calls post to daily perfect okay is there anything else that we need to address with this matter no questions on anything okay anything else I need to address on the order okay I'm just making sure that sometimes all right perfect um then that's it thank you very much thank you okay all right um let me go back to the agenda um okay so the town may call is next case and I'm so sorry give me one second I have a lot of things open right now okay so it's case number 2024 0786 um address is 7864 Buccaneer Drive Lions Henry or I guess Henry is that correct yes yes ma'am it work good morning your honor my name is Officer bat code compliance officer with the town of for Myers Beach and I've served in the capacity for approximately 10 months and 5 years prior experience elsewhere I've been sworn in and will provide testimony and documentation regarding this case I have recently been in contact with the property owner Henry Lions on Tuesday four February 4th 2025 in which our first Contact in which was our first Contact I did go over the case with him and he advised me he would be able to get the property in full compliance within 30 days I agreed as a representative for the town of for Maris Beach to request a continuance to March 5th 2025 as to Grant the extension of time as compliance is our ultimate goal at this time I would like to request the continuance of case 20 24 0786 for the address of 7864 Buccaneer Drive Fort Myers Beach Florida 33931 to March 5th 2025 and to accept and to record true accurate and alter copies of an affidavit non-compliance photos taken on February 3rd 2025 upon reinspection sh the property is still in violation and a copy of an email confirmation of contact between me and the respondent and myself between respondent myself thank you you ask I'm sorry you asking for this to be admitted yes ma'am okay um yes you can admit it oh yes it can be admitted and there there's nobody here it's we're asking that we can put this to March fifth next hearing for continuance all right allowing him an extra 30 days to have somebody because he's out of state right okay that's uh that's not a problem so we'll allow for until March 5th hearing to have um Mr lions come into compliance on that one um I can I can just issue an order of just continuance and then we'll bring it back okay perfect all right that works that way if he has to be president he can be perfect okay um and of course I didn't print this out so that's it for that case then I have we have certification of leans uh status updates anything else on no there's nothing on on these right I'm just making sure there's nothing that I need to okay no status updates today um okay is that is that all then that we that's it okay well then