##VIDEO ID:QoOgeBJGkcM## the special magistrate for this morning's hearing um do we know if we have anybody on the computer today we do not okay very good thank you so first thing it looks like from the agenda uh that everything is either fine assessment or violation hearings so the process is the same uh for both of those so the first thing will happen is uh the town will present its evidence and its testimony first uh then I guess we'll need to bring that Podium out a little bit from the wall so that the respondents can come to that Podium there um once the town is done calling any witnesses that it has putting on any evidence that it has presenting any documents to me it'll then be your turn to come to that Podium uh we'll show you I'll show you I'll ask the town to show you the uh Town's evidentiary case File that they're going to uh put into the record you can review that case File you can present any additional documents that you have that you'd like me to consider for this morning um you can cross-examine any Witnesses at the Town calls as part and then at the end of that discussion I will make a final ruling and you'll get an order that reflects that ruling uh after the hearing It Go all right so with that first thing I'm going to do is swear everybody in who's here to speak on any items on today's agenda including sound staff so if you're here for a code enforcement case if you could stand if you're able and raise your right hands for me town staff included are you gentlemen here for a case can you stand up please thank you do you all swear affirm to tell the truth the whole truth and nothing but the truth thank you very much and with that I will turn it to the town to call it first case the first case is mccor mcoles LLC address 14199 Tangerine Drive the case number is 24500 Z3 thank you and just for the record I skipped over the minutes it's my understanding that the minutes will be presented at the next hearing okay so I'm not approving any minutes for today I'm sorry I skipped over that um please proceed with that mccormic case morning your honor for the record code inspector John Suz for the to present the k45 could you just turn your mic on just so this property was initially cited on May 7th 2024 by code inspector Mario Matos um the following violation it was cited for the following section 05 040 AB permits required offense was erected on the property new window and a conversion a conversion of an accessory structure um pictures were attained a reinspection was performed on uh November 1st 2024 which found the property remains in violations as per depicted in the photos there are no permits on file I have made contact with a property owner Mr McCormack he's in the process that he would apply for all necessary permits as of now I am not sure of what's taken so long because as I just jumped in the case from Mar MOS but it was initially initially SED on May 7th um for the record notice of hearing was sent out certified mail October 15 2024 also posted the property October 15 2024 at this time the city is requesting 30 days to apply for all necessary permits obtain all necessary permits or a fine of 250 a day per violation thereafter okay do you have a case File yes sir thank you so as of today the town has not received any application any building permit applications there's no application in and no permit has been issued as effect this morning no the property owner is here and can can you clarify for the magistrate what were the structures that were constructed without a permit there was a there was accessory structure so there's a shed that appears it's being rented out as a as a AC unit um windows so it's a it's a living unit right now I have a as of about three or four years ago it just appeared to be a shed it was just converted okay you said something about a fence is that there's a wooden fence along the side of that uh the exra structure there on the side of the house that was just installed as well okay it's a wooden fence and in conversation with the property owner he has admitted yes I did installed off fence converted okay you you said that your notice of hearing was from October 15th but the one that's in the file is dated November 4th there should be another copy I mean this case was brought up to a hearing I'm not sure why it was continued so I have mine in there but I left Mr Mario's in there as well or all records it might be on the left hand side I could search for it if you want you want e let's see um today is the fourth yeah I think you're going to have to recite this because you this has the wrong it's dated tomorrow and it also tells them they have to appear at a hearing with yesterday's date so I'm not sure that you have legal service for this so if you want to look at it and show your attorney J e oh now I have two that so um I think looking at this date given that it's States November 3D which was yesterday I do think we need to re notice this um so I'm gonna ask that it be pulled from the agenda this morning thank you it can I just say since the respondent did appear this morning I would encourage them to try to speak with staff afterward to see if we can get this resoled so you don't have to come back and I would encourage the same thing so there there's a a legal issue with the the service that you have for this morning I'm sorry that you took the time out of out of your day to to appear um use the time that you're going to get in them Ren noticing you to hopefully apply for the permit and that way you don't have to see me again with all due respect okay so with that at the town's request uh item number one will be pulled from the agenda thank you sir you're free to go ready go ahead yes sir thank you your honor the second case today and the First on fine assessment is gout Life LLC the address is 3571 C Road the case number is [Music] 2427 your honor for the record code inspector John Suarez for the town loat gross presenting case 24200 07 in reference of the property at 3571 C Road the initial notice of violation was sent February 20th 2024 the case was last heard on June 19th 2024 the violations were found to exist and the time of compliance was given until August 16th 2024 the property owner has applied for an FDA permit on August 13 2024 an engineering review was completed on September 20th 2024 and sent back for Corrections what was that date I'm sorry the engineer review the September 20th 24 okay thank you at this time the property does remain in violation although the FDA has been applied for is under review the town is requesting an extension of 60 days or fine of $250 for violation thereafter all right so you're asking essentially for a continuance to give him additional time to yes Mr call has been working with me I kept in conversation with him and with them okay so 60 days is good grief January yeah all right so what is the town anticipating in terms of Monday Wednesday hearings would you like the Monday January hearing or the Wednesday you is Fond can Wednesday would be better okay okay the 15 okay thanks possibly maybe I'm Jack the get I'm sorry get that microphone closer to you thank you um so we would um preferably um extend this to the day of the hearing to uh 60 days from now okay so yeah and I usually I set in these a a new compliance date that's a couple of days before the hearing so that the town has time to verify whether they're in compliance before that hearing right um so I can do that as uh January 10 should give you enough time to figure out if they're in compliance all right let me see your uh case File if I may yes and is a respondent present for this case we're not see okay but you've been in communication with him with your testimony see posted e and I don't see the engineering comments in here are they in the case File or no no I did not add the engineering comments okay that's fine but your testimony is that engineering comments were provided to the respondent on September 20th yes your honor and I may just um going forward on these ones that are are older cases that are at prior hearings you may want to adjust your um notice of hearing that you're sending it's a little confusing to have the compliance date on there you may want to take that off of your notice document understand on these ones that are just continued going forward because there's this has already been found in violation but if I'm a responded and I get this it's a little I I may be a little bit confused but it's very clear that the hearing date was set for today it's very clear that there was a continuance um that originally set this from o for October 16th but you may just want to think about revising your template on that I will okay thank you and then the fine in the event of non-compliance 250 a day per violation and do you want administrative cost reserved he res in the previous order I'll maintain the previous fine amount which was a $250 a day fine okay all right anything further from the town on this case uh y so if this is going to be the last extension that we're granting with just say your name for the record for me sir okay Jack thomask t o m s k building official um since this is going to be the last um we extending those because those are previous cases most of them are um initiated by Mr Mario um so um we tweeting them a little bit different um and since this is going to be the last extension that we will'll be asking for do we need another hearing or can the fine start on a date set I I think the way that you have it set up now you need that to come back for another hearing and that's that's been the way that these cases are run I would just make sure and I understand what you're saying um if this if they don't comply by the time that I specify in this order they'll have to come back for the fine assessment hearing to to get the order assessing fine if in fact it remains out of compliance I would just ask that you communicate that to the respondents make sure that they're aware uh that you are not intending to to be supportive of any future uh extensions going forward so let them know that because my order won't reflect that that that that'll be your position at a future hearing um because if they come to me and they say that they submitted the permit tomorrow and the town doesn't review it for the 60 days then I'm obviously G to be inclined to give them more time it just depends on the scenarios but um I would make sure you communicate that to them because it does seem that you're being willing to kind of bump this along um so if that's your intent I would make sure you let them know just because we we were not aware of the verbal communication that occur between between the prior code officer so we we more leaning on those cases the new cases forward we will be setting more strict days okay and I understand that I appreciate that additional testimony and certainly I'm willing to to entertain that um given the length of time that this has already gone on um but just make sure you communicate that to the respondent since they're not here today great thank you okay thank you sir all right with that uh for the record in case 2 42007 the respondent is not present I will find based on the uh Affidavit of first I'll enter excuse me I'll enter the town's evidentiary Case Files composite exhibit one without objection I'll find based on the Affidavit of uh posting in the case File as well as the remaining notice documents that the town had good service for today's hearing I'll find based on the uh testimony of the code enforcement officer that the violation of section 0540 a through b 175 170 correction on the agenda that should be 175 110 and 175 240 remain in violation of the town's code as there has been a uh the required permits have been applied for but not yet issued I'll Grant the requested continuance and establish a new compliance date of January 10th 2025 and a new uh fine assessment hearing date of January 15 2025 in the event of non-compliance I'll maintain the uh fine amount from the previous order finding violation that that amount was $250 per day and I'll Reserve administrative cost for today's hearing uh in the event that those are necessary at that January hearing all right your honor the third case today and the second on fine assessment is Right View landscape Services Inc the address is 13710 okobi Boulevard and this is case number 2309 00002 your honor John Suarez for the code inspector John Suarez for the town of laachi grow presenting case 230 9002 in reference of the property at 13710 Kopi Boulevard a notice of hearing was sent via certified mail on October 15 2024 also posted the property with a notice hearing on October 15 2024 the initial notice of violation was sent September 7th 2023 the case was last heard on June 19th 2024 that violations were found to exist the time of compliance given was until octob August 16th the vegetation ation waiver exemption so this was for land clearing but the vegetation waiver exemption was applied for on June 24th 20124 and on November 1st 24 the waiver exemption was sent to the owner's agent for Signature so that is almost done at this time the property remains in violation till it's sign technically the town is requesting also this goes with a sister of 2450000 5 the town is requesting 90 days not a compliance $250 a day per day for for violation so you're asking for a continuance on this one as well yes I just received the exemption letter this morning so I have to review the case to see if this particular case is under compliance or not but to be safe since it's under a site plan review and FDA also okay so you're saying that you can't the the tree mitigation can't be established until those other things are are done that's why you're giving them so much more time I have to see if the waiver exemption complies the case by like I just received the email this morning um the vegetation waiver and exemption mhm and I know it was cited for you know um essentially a tree clearing or land clearing without a permit okay so I just need to see if that would comply the case okay I'm happy to give you the 90 days if that's what you're asking for yeah that's fine so that is that's the February dates so all right let me see your case File and the respondent present for this case are you gentleman here for this case Right View landscape Services I know no okay I did receive a letter from the attorney which is um on the on the left hand side this that's one of the letters I read this morning also she just sent it saying she could not attend oh this email Miss Shan okay e e there's a cross recovery sheet but it's not dated are you asking to reserve administrative cost till next hearing or next hearing your honor would you rather I remove those CL sheets from the we just leave them in um you can you can leave it in there since it's in there for today's hearing I think going forward if complete them all the way if you're intending to ask for them get them put you know write on them the case number and all the information that's uh makes it specific to this case is the previous you have the [Music] violation was was this one found you said this was this one was found in violation previously is that isn't that what you said yes you have a copy of that order is it in that other case File let me go through one more time see in this one do you see it in there in that one no this is particular to this case I know there I've seen a sheet if you mind your honor no I'm looking for the actual what I want to make sure is that this is actually a fine assessment hearing that this was already found in violation and I'm not seeing the previous order finding violation in that case File special magistrate if you want to pass this case and go on to the next one I can inv intig that'd be great thank you yeah I don't believe the previous ERS in so we'll take a a brief pause on item three and then skip over four and you can proceed to five please while looking into that you're honor um today uh case number five uh case number five today and fourth on fine assessment is batana Court Ariana G and Sosa Daniel the address is 15449 Los Angeles drive and the case number is 24211 code inspector John Suarez for the town of Loach grow presented case 2 420011 in reference of the property at 449 Los Angeles Drive which is a a vacant lot the initial notice of violation was sent February 27th 2024 the case was last heard on July 17th 2024 the violations were found to exists time of compliance was given until September 18 2024 the flood plane permit was applied for on July 2nd 2024 first plan review completed was completed on August 13th 2024 the second plan review was sent to engineering on October 14th 2024 at this time the property remains in violation hold on one second can you back up the second plan review was sent what uh sent to engineering by whom So based on the verbage uh I would say and I can confirm it that uh Corrections were submitted and submitted for re-review on 10:14 submitted by the respondent by the respondent to to the town's engineer on October 15th correct 14th oh 14th I'm sorry okay okay go ahead I'm sorry to interrupt you where's your honor um at this time I believe the property owners are here I have not made contact with them I know this case has been a long time um uh long time going on so at this time the property remains in violation town is requesting an extension of 60 days to be fair your honor not $250 a day per violation okay so based on the back and forth they've got the they've got the required permit application documents in it's just a matter of going back and forth to get comments addressed yes okay okay let me see the case File if I may and then you gentlemen are here for this case yes okay come to the podium for me and give me your names thank your name Sir Daniel S Daniel SAA and your name sir my name is good morning your honor Brian SAA I am translating for my uncle and your your son no he's my uncle uncle okay nephew okay okay let me just take a look at this file and then I'll say some things to you and have you translate to him and then have you kind of relay back to me what he says in response okay e e right let me ask you Mr Suarez to hand them this case File so what I'm G to have him hand you is the case File that the town would like to put into the record so it's it as you'll see there's a lot in there it's all of the old documentation all the old notice documentation the prior order finding violation and then on the left side of the of the file is the new documentation the new notice of hearing that was sent and the Affidavit of posting so can you ask him to review the the documents and let me know at the end of his review if he has any objection to the documents being entered into the record okay no say and I think he was here can you ask him if he was here at the previous earings he looks familiar I think he was here yeah he's been here a couple times okay very good so the left side is really what he wants to be looking at that's so you can tell and that's the new notice document at the second page of that is the new notice of hearing for today's hearing yes of course can this one he's just he only he only reads or understands Spanish so he doesn't really oh he can't read the English okay he doesn't really know what he's looking let me let tell him this so tell him that the town is has told me that the property remains in violation but they've told me that he's applied for the permits and he's going back and forth with the town in the review process so what they're asking me to do today is Grant him another continuance and give him 60 more days to get into compliance so go ahead and communicate that to him yes that that's what he told me that so he knows that that's what okay perfect so given that all I'm going to do today is Grant him more time I'm not going to start a fine running a fine wouldn't start running until the next hearing so after that 60-day period so that would be the January time frame that I gave the the other respondents um but I do need to know if he has any objection to those documents being entered into the record and all that one on the left just so you know all that one on the left is is the new notice of hearing that they sent it to him they sent it certified mail so it had today's hearing date it must he must have gotten it cuz you're here today um and there's also an Affidavit of of service saying that the town posted that notice to the property so they sent it certified mail and they also posted it to a gate or somewhere on the property at the front of the property um but those are the documents on the leftand side okay is this is this just like the for example the fee of like today's hearing or appearance is is there a cost recovery sheet in there on that left side yeah I I'm going to reserve costs for today's hearing so I'm not going to assess any costs today so if there is a cost recovery sheet that'll be reserved for the next hearing okay so can you ask him if he has any objection to those documents being entered if I'm being completely honest I don't really know what I'm looking at and he doesn't know either okay do you want me go over the paperwork yeah do you speak Spanish yes okay yeah go ahead and flip through the P each page with him and explain to them what it is um and we can try that way speak up so that the recording hears you good he's he's saying he didn't receive the notice the paperwork of the notice [Music] hearing so he knows about the hearing because he came here Wednesday and Sandra told him okay but explain that's paper form foree okay does he have any objection to the case File okay can you hear me that no objection can you hear me that case f back thank you here I got okay thank you for doing that no just same thing okay no thank you I appreciate that um so with that I'm going to enter the town's evidentiary case File in case 2 420011 into the record without objection anything is there anything else that he would like me to hear uh from him today he says everything fine okay and he understands that he the town is is asking me to give him 60 days more to comply um can you communicate to him that that means that he needs to have those permits issued by the end of that 60-day period or he's gonna have to come back to me at at a future hearing date okay okay okay so and and communicate this to him too this this case has been going on for for quite some time now um at the next hearing so what I'm 60 days essentially sets us for the January 2025 hearing date so that hearing date would be January 15th so make sure you communicate to him that at that January 15th hearing if he doesn't have the required permits issued by January 10th which is the date that I'm going to establish as a compliance date he needs to bring to me on January 15th he needs to be prepared to bring to me either paperwork or just a verbal testimony of what he's done from today's hearing until January 15 to show me that he's done everything he could to get those permits issued by that date right so the goal is if he comes to me at that hearing and he brings me an email that's from January 14th that he sent to the town that's not showing me in good faith that he's been working towards compliance but if he shows me a bunch of communications that he's been working and he's been diligent I'm inclined always to give additional time to comply as long as he doing everything he can to get into compliance so let me pause there and communicate that the best you can back to him yeah so just to understand on January 10th he has to bring in the paperwork no he needs to have the permits issued by the permits is what I meant to say right so so he needs to my understanding is that the the ball is as we say in his court now so plan review comments were sent back to him on October 14th so now he needs to work on addressing whatever comments the town provided to him on October 14th and submit revisions based on those comments and he needs to do that as quickly as he can because by January 10th he needs to have all comments resolved and the permits issued he already did so he already responded to the October 15th comments yes it's already fixed we are just waiting for her response okay from the town engineer or somebody at the town if I'm not mistaken yes okay so just keep going through that process but do it you know now is the time from November or December right get all everything done all the communications back from the town so that by January 10th he has the permit issued and in his hand a copy of the permit that's been signed off fully signed off on by the town okay that's what he needs to accomplish by January 10 okay [Music] yes and so if he doesn't have those permits issued on January 10th if it hasn't been issued by the town on January 15th you're going to come back to me to a hearing like this and if you come back to me with a bunch of evidence that you've done everything you could and and it's the town's problem that the town that the permits haven't been issued if there's a timing issue I I'm inclined to give more time but if you come back to me on January 15th and he hasn't done everything he needed to do I'm going to start a fine running at that hearing in the amount of $250 a day so now is the time that he needs to get everything in order with the town you have essentially that's more than two months but essentially two months to get all that done and then hopefully you'll be in compliance by that January 10th date okay okay [Music] okay okay anything else that you'd like me to hear was no that that's okay thank you for your translation no problem okay anything else from the town oh your honor just to be clear if the FDA is approved final inspection and it's closed out there's no need to for them that's that's correct so that's a very good point that the code officer is making so if if he has been issued the permits by January 10th and everything is signed off on he doesn't have to come back to the January 15th hearing there will be no hearing the town will not put that this case on that agenda if everything is done and he has the permit in his hand that's been signed off on okay okay [Music] okay he understands okay very good thank you all right in case number 2 420011 I've entered the evidentiary case file without objection I'll find based on the Affidavit of posting and the notice documents in the case File um presented today that the town had good service for today's hearing I'll find based on the documents in the case File the testimony of the code enforcement officer that the property remains in violation of section 0504 A 175 1110 175 170 and 175 240 but that the respondent is making progress towards getting the required permits issued I'll Grant thank you the uh agreed continuance and I'll establish a new compliance date of January 10th 2025 in the event of non-compliance this matter will be reset for fine assessment hearing on January 15 2025 I'll maintain the $250 a day fine just double check that yes the $250 day fine from the previous order finding violation and I'll Reserve any administrative cost for today's hearing so he'll get an order that reflects all of that in the mail so tell him to be on the lookout for that okay okay he'll get a piece of paper that looks like similar to this he'll get that in the mail certified in the mail yep let me just ask okay I I don't know if he told you earlier but he says that the papers he hasn't he's not receiving it over there so I'll ask the code enforcement officer to email him a copy of the order as well they have to send it to you certified mail why some people don't get their certified mail that that's not uncommon um that's why it was posted to the property but I'll ask them to send you a courtesy copy via email okay okay so make sure the town has your email address okay email okay I presume they already have it based on the fact back and for with yeah with the engineering permits okay so he'll get a copy of that in the mail okay perfect thank you thank you again for your translation have a nice day thank you your honor will be going back to item number three the Bright View landscape Services Inc okay perfect would you like me to restate the address and case number no that's fine I'll just reopen uh item three which is you said the case number 23092 and let me just ask for the case File back if I may see that and so special magistrate we handed up a copy of the violation order that was issued back on June 19th of this year thank you I just wanted to confirm that that that did in fact can't remember some of these were going back far enough I couldn't remember okay all right so this one you wanted the 90 days setting it out to the February hearing dates correct yes your honor okay with that finding order finding violation already issued on June 19th no problem there anything further that the town would like to put on the record in this case no your H okay and I'll go ahead and include the order violation in the case File if you could stick that in there so that that stays with the case File in case 23092 for the record the respondent is not present I'll enter the town's evidentiary Case Files composite exhibit one without objection I'll find based on the Affidavit of posting and the notice documents in the case File that the town had good service for today's hearing I'll find based on the testimony of the code enforcement officer that the property remains in violation of sections 87030 and 18-24 uh given that the respondents didn't comply with the previous order finding violation that required compliance honored before August 16 2024 I'll Grant the requested continuance and require respondents to comply with those code sections honored before February 14th or appear at the February 19th F assessment hearing I'll maintain a fine amount of $250 in the event of non-compliance that'd be per day and I'll Reserve administrative cost for today's hearing okay your honor the fourth case on the agenda today and third on fine assessment is Bright View landscape Services Inc with the address 13710 okobe Boulevard and this is case number 24 5005 code inspector John Suarez for the T lock AI grows presenting case 2455 in reference of the property 13710 okobi Boulevard notice of hearing was sent via certified mail on October 15th 2024 also posted the property with notice of a hearing on October 15th 2024 the initial notice of violation was since May 22nd 2024 this case was last heard on August 21st 2024 the violations were found to exist time of compliance given was until October 16th 2024 they have they applied for the FDA permit on June 27th 2024 so the first plan review started July 26 2024 uh it was resubmitted on August 20th 20 2024 so the FDA is waiting essentially for a site plan approval the site plan was submitted on August 5th 2024 they recently received comments from zoning on September 20th 2024 the owner is working on addressing the comments for resubmittal okay at this time the property remains in violation waiting on thatp it's requesting a 90-day extension or I of 250 per violation per day all right so same compliance dates as the other case yes so they're getting closer but they're not quite there all right let me see that case File if I may and special magistrate we've also handed up um the AR order finding the property and violation dated June 19th of this year thank you this one actually has the other order that we were looking for in here in okay there's already a copy of that one in there and I did remove let me ask the town attorney if she's in agreement that the 00002 order finding violation has been pulled out is that acceptable just so that there's no confusion yes there's no objection thank you and I apologize for the confusion no problem no problem at all there's a lot of people work in all these cases okay and for the record the respondent is not [Music] present all right anything further from the town on this nothing further your honor okay in case 2 45005 I'll enter the town's evidentiary Case Files composite exhibit one without objection I'll find based on the Affidavit of posting and the notice documentation that the town had good service for today's hearing I'll find based on the testimony of the code enforcement officer as well as the documentation in the case File that the respondent remains in violation of sections 05040 a 17510 175 170 and 175 240 uh I understand that the respondent is in process and responding to comments on the required permits but has not yet been issued the required permits uh and therefore is not in compliance with the prior order granting continuance which is from August 21st 2024 which required compliance honor before October 1st I'll Grant the town's requested continuance and I'll establish a new compliance date of January 10th 2025 if the respondents do not comply with those cited code sections by January 10th this matter will be heard on January 15 2025 I'll maintain the prior fine amount of up to $250 per day and I'll Reserve administrative costs for today's hearing thank you your honor the six Kates on the agenda today and the fifth on fine assessment is Maria fonte and Roberto Perez the address is 3384 C Road and the case number is [Music] 23066 code inspector John suarz for the town of lock AI gr presenting case 2306 006 in reference to the property at 3384 C Road notice of hearing was sent via certified mail on October 15 2024 I also posted the property with a notice varing on October 15 2024 the initial notice of violation was sent June 12 2023 this case was last heard on June 19th 2024 the violations were found to exist the time of compliance given was until August 16th 2024 I have been speaking with the property owner Roberto Perez and so he just applied for the FDA on October 14 2024 so the property remain I know this is an old case your honor um the town is in agreement to start loving the fines today I implored the property owner to come today to plead his case but it's it's it's an old case and he just applied for the FDA I know he's in the process okay let me see the if I could okay e so I don't see a copy of the permit in here you have a complete a full and complete permit application and the town is in the process of reviewing is that okay and that was submitted you said on on October 14th it was submitted October 14th yes your honor okay do you know the status of the town's review I do not know the status of the town's review sorry honor that's okay and this was previously set for August 21st that was canceled by the town or not heard do you know why that wasn't heard uh lack of service okay to be fair your honor is just since I've been involved he's been calling me every week and I think that's why he just applied I'm not sure why he did not apply prior and what he you've been talking to him every week since when since since it's been about four weeks now I I don't have an exact date the beginning of October roughly yeah okay I'm gonna In fairness this I know this this probably not what the to wants to hear but I'm gonna give him 60 more days I I these old cases get a little bit convoluted because so much time goes by and if I'm a respondent and I think that the town is not hearing cases or had a problem with service why didn't the notice appearing go out the next day and why wasn't it heard in September right we're two months later and then we're you're asking me to to set it fine so I'm going to give them 60 more days to comply unless there's some very good reason in 60 days to Grant additional time I will be sensitive to the fact that this has been going on um for a bit of time but I think given what I do know about the town's processing getting these permits there's some back and forth so I don't think it's reasonable to to have that happen overnight um and I think if if compliance is ultimately the goal of the town if he's applied now let's let's allow him to go through the process um because I don't think it benefits anybody to to just start findes running um anything further from the town no your honor thank you okay so that would be the Janu and if you could at that January hearing if in the event that those permits are not issued if you could have come to that hearing with the dates that the Town Sent comments out and the dates that he responded or didn't respond so that I have a clear chronology of of what happened and how long it's taken for both parties to to get back and forth with each other because I know that sometimes you know yes under we we intend to do this for all the cases Okay so so that are related to the permits that that we would provide you with the dates because it really does matter you know if somebody receives the notice in February 23rd of 23 and doesn't apply for a permit for a year I think that's an important fact for you to know it it is but just so the town is aware it's equally important to me that if you didn't have good service on August's yes I agree hearing that notice should have gone out the day after the hearing and you could have had them two months earlier than you're having them so I'm with you I'm not don't don't take that as adversarial in any way um again I think my goal is to just encourage compliance um and now that there's a permit in I think that's that's hopefully we he'll get there he or she will get there um sooner rather than later absolutely thank you all right with that in case excuse me 23066 I'll enter the town's evidentiary Case Files composite exhibit one without objection Al find based on the Affidavit of service and the notice document for this morning's hearing that the town had good service today's hearing I'll find based on the testimony of the code enforcement officer that the respondent remains in violation of section 05- Z4 Zab 175 1110 175 170 and 175 240 given that the permit required permits were not issued by the prior compliance date of August 16th I will continue this establishing a new uh compliance date of January 10th 2025 in the event that the required permits are not issued by the town by January 10th 2025 this matter will be heard at fine assessment hearing on January 15th 20125 I'll maintain the prior fine amount of $250 per day in the event of non-compliance and I'll Reserve administrative cost for today's hearing uh to be imposed at that hearing if it happens all right anything further for the magistrate this morning no okay with that I will adjourn this hearing at 10:04 thank enjoy the rest of your weeks everybody thank you very much