##VIDEO ID:vuwSRCB_se4## uh I call this meeting to order uh my name is Monica Schmucker I'm the appointed special magistrate to hear today's code enforcement proceeding as provided for in Chapter 2 Article 5 of the fort Meers Beach Land Development code in Florida Statutes chapter 162 I just asked that everybody silence their cell phone at this time if you haven't already this is a quasi judicial hearing which means it's similar to a case in court but the rules are less formal my role is to fairly objectively review today's case apply the facts and evidence before me to the law formal Rules of Evidence do not apply but fundamental due process will apply and will govern the proceedings uh we only have one case on today's agenda but before I move into that let's do the approval of the minutes I have read uh I have already read over the minutes it's December 4th 2024 and I have no changes so I can go ahead and sign this draft here that or this print out thank you good and that's done right we have no continued cases or Parking Enforcement cases correct okay there you go thank you all right um so in the first case that we'll be calling uh the town will have the burden of proof will present the case the alleged viol letteror will then have an opportunity to speak present evidence and refute the town's allegations do we have that person here or entity no okay um after the hearing I will issue an order with findings of fact and conclusions of Law and any relief um that I will be affording it will be either immediately or within 15 days after the hearing uh at this time I'd like to ask anybody who's going to provide testimony to please stand up to be sworn in do you sore or affirm that the testimony you are about to provide is the truth the whole truth and nothing but the truth okay thank you I understand we have one case which is 32 fairf Boulevard um sellart properties case number 2024 0680 is that correct yes ma'am okay you can [Music] proceed good morning your honor my name is Officer bat I'm a c compliance officer with the town of Fort Myers Beach I've served the capacity for approximately 10 months with 5 years prior experience elsewhere I've been sworn in and will provide testimony documentation regarding this case our documentation is attached to the agenda as exhibits and we ask that all documents are accepted into an Evidence uh I have looked at a through e but give me a second I know you just gave me f separately okay yes all of the exhibits can be admitted we bring before you Fort Myers Beach enforcement case number 202 4680 the subject property is located at 32 Fairview Boulevard Fort Myers Beach Florida 33931 exhibit a contains the documentation and the respondent sell that the respondent sellart Properties LLC owns the real property that is subject of this code enforcement case included in exhibit a is a copy of the warranty deed a copy of Lee County tax collector receipt a copy of Lee County property appraiser and a cop of Florida Division of Corporations record showing registered agents incorporated as a registered agent for sellart Properties LLC the subject property is not currently homesteaded and there is no evidence that the subject property is eligible for homestead exemption in Lee County Tax Collector's records at this time the subject property is not currently I apologize on July 23rd 2024 I observed sellart Properties LLC in violation of the town IR Beach code of ordinances specifically the maintaining of structures on property in need of repair and or demolition an example to but not limited to shuttered Windows indicating broken are improperly installed missing indoor sections of fence diminished tarp on roof indicating damaged Andor improperly installed Etc true accurate and unaltered copies of the pictures taken on the date of first site inspection have been marked as exhibit B and introduced into the record a notice of violation was issued on July 24th 2024 and sent by certified mail return receipt to the property owner's address record specifically 7901 4th Street North number 300 St Petersburg Florida 3372 sent via certified mail receipt to the registered agent address of record 7901 4th Street North Number 3 00 St Petersburg Florida 3372 posted at Town Hall located at 2731 Oak Street Fort Myers Beach Florida 33931 and a copy uploaded to town of Fort Meers Beach website for publication a copy of the notice violation was also posted to the subject property located at 32 Fairview Boulevard Fort Meers Beach Florida 33931 on July 25th 2024 true accurate and unaltered copies of these documents in Ed including a copy of section 2429 having accepted in exibit C sellart Properties LLC was given 30 30 days to come into compliance with town of Fort Meers Beach ordinances which was on or before August 28 2024 I performed a reinspection of the subject property on December 17th 2024 and the subject property was done has done some work towards a b but remains in violation of the town of Fort Meers Beach ordinances and is now into the sixth month without full compliance nor any contact based on my reinspection of the subject property I prepared an Affidavit of non-compliance a true accurate unaltered copy of which has 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 full compliance with inter National Property Maintenance code chapter 6-2 section q11 0.1 of the town code they were provided with a notice of code enforcement hearing for today's hearing as established in exhibit chapter 6-2 section Q 111.1 of the town code has been accepted into to evidence as exhibit e your honor at this time I would like to ask permission to add an exhibit F which I passed to you earlier a copy of the Affidavit of posting a copy of the notice of today's hearing a copy of photus photo of certified mail receipt a photo of notice of hearing posted on January 3rd 2025 to the violation property located at 32 Fairview Boulevard Fort Myers Beach Florida 33931 a photo of the notice of hearing posted on January 2nd 2025 to town hall Hall located at 2731 Oak Street for Myers Beach Beach Florida 33 931 a copy of the posting to town hall website for publication and a photo of the condition of the property at this time of reinspection at the time of reinspection on January 9th 2025 prior to today's hearing all documents are true accurate and unaltered copies based on my sworn testimony and the evidence sorry that's been admitted so yeah bed my sworn testimony and the evidence that has been presented to you including the exhibits within the agenda packet on behalf of town of Fort Meers Beach I'm requesting an order be issued finding a violation of chapter 6-2 section q11 0.1 including an order to correct the above listed violations and or the imposition of an administration fee of $250 to cover costs in bringing this matter before the special magistrate a fine not to exceed $250 for each day each violation continues past the date of compliance or $500 for each day each violation was repeat and for such other and further relief as is consistent with the powers of the special magist thank you thank you uh you said that some there was some work towards ement there has been there has been um it's basically down to the remainder of the f that's falling sections missing broken and unfortunately I've had no contact with the privy owners ever or just ever okay so they must have received a notice of some sort considering work's been done at all right okay well and I was just checking to make sure that the addresses all match up but it looks I mean it does so um all right so give me one second let me just take a look at this um of all of the items that you have here you're saying it's the fence the windows the windows and shutters have all been removed from the windows should I say um I no longer can locate the tarp on top of the roof uh the grass has been mowed okay not recently recently but has been mode I can tell the difference um in time lapse but the fence is still okay um all right that works I will I will um issue an order allowing them and I'll and I'll do this quickly so that they can get service of it but I'll issue an order allowing them 21 days so 3 weeks so that they could get some time to to bring the rest of it up to compliance and thereafter if they're found to be in violation then it'll start then will start a a fine um and the statute does allow for automatic order if they're not in compliance but I do have to be notified so um I'll issue the order it'll be 3 weeks that they have thereafter it will be 250 that they if they do not come into compliance and they will still regardless be responsible for the 250 um administrative charge um and then I would like to see if they do bring it into compliance or if we need to thereafter do anything further so so would you like to say there's a compliance date of three weeks from today or after the order is issued no three weeks from today so it would be the fourth the fourth okay that way I can make sure to mark it on our tiles yeah for the remainder whatever they need to do so I'll issue the order so we can get it served on them and they'll they'll have until the 4th to bring it into compliance and thereafter if they don't um it will start acre fines thank you is there anything else that that order needs to address no did I miss did I miss anything okay all right good and then it'll automatically the the fine will automatically so my order will have it so that it automatically does but we'll want to know when they do come into compliance or not if it is brought into compliance by chance by the 4th um we will still be asking for the 250 yes the the 250 administration fee will be they'll be responsible for regardless um and also I'll put on the order that they have the responsibility to contact you so that you know when they are you know when it is brought into compliance um if we don't if no body hears from them then it's assumed that they're they have not fulfilled the order so the fine will begin to acrew at that point thank you your honor okay yep all right um let me go back to my agenda and so that's it right that's it I'm looking at the wrong agenda but okay all right that's it