Mr. Tras ready. Excellent. Good afternoon everybody. Welcome to the city of MadiRaa Beach code enforcement hearing. My name is Bart Valdez and I'm the appointed special magistrate to hear today's cases. I'm a practicing attorney and have been a member of the Florida
Bar for approximately 25 years. I have been appointed to this position in accordance and with the authority set forth in chapter 162 Florida statutes. It is my role to fairly and objectively review the matters presented. As such, I would like to advise you of certain matters related to today's proceedings.
Today's matters will be heard in the order that they appear on the agenda. Every effort will be made to hear all persons having relevant evidence, argument, or comments to offer related to the specific case that is being heard. If you wish to speak today, it is necessary that you be sworn in by the
city attorney in just a few moments. In all cases, since the city has the burden of proof, the city will present its case first. The respondent or property owner then will be given the opportunity to refute the city's allegations. Formal rules of evidence do not apply to this
proceeding. However, I will exert every effort to ensure that fundamental fairness is afforded to all parties. After hearing all evidence, I will issue an order. The order will be reduced to writing and the respondent will be provided with a copy by mail.
Additionally, you advise that I do not have the authority to grant you a variance permit or special exception of any kind. My role is solely to determine whether a city code has been violated and to provide you a reasonable time to correct the violation by whatever means is available to you. Please be advised
that you may be subject to a fine and a lean may be recorded on your property if the violation is not corrected by the compliance deadline. If you wish to present any information to me today, it is necessary that you swear affirm that you will tell the truth. Therefore, at this time, the city attorney will swear
in any witnesses. There's anyone in the audience that plans to talk to me today. Please stand up and be sworn in. If you could raise your right hand, be sworn under oath. You swear the testimony you're about to give today is going to be the truth, the whole truth, and nothing but the truth. All right. Thank you.
Okay. The first matter on the agenda is case number C 24-115 for the property located at3025 Golf Lane. Is the city ready to proceed? We are. Go ahead, Mr. Tras. Uh the first thing on the agenda today
is the city of Madiraa Beach's motion to quash and I would like to address you relative to that motion to quash. Um, as you know that this uh case had previously been before you on July 7th, 2025 based upon code deficiencies that
were set forth in a notice of code violation which was dated March 17, 2025. The notice of hearing that was provided to the property owner uh provided that the case would start at 2:00 p.m. on Monday, July 20 uh July 7th, 2025.
U in fact, the notice of hearing was incorrect. The hearing actually started at noon hour. Um the respondent did appear, it's my understanding, for the 2:00 hearing. However, the code enforcement special magistrate hearings had been completed at that time. Um we
think it's appropriate to quash the previous board uh special magistrate order rather um and move forward with the case um and have it heard while Mr. Boehner, the property owner, is here. So, we're asking the special magistrate
to quash the prior uh order that was entered on July 11th, 2025. All right. Uh Mr. Bayard, are you here today? All right. Uh Mr. Bayard, come on forward. Mr. Banner, the city has asked me to
quash and essentially vacate the prior order that was entered. Do you have any objection to the city's request to quash the order that you objected to? No. No, sir. I I'm on the right day at the right time to All right. I'll go ahead and grant the motion to quash. Uh sir, your m your matter is going to be the first one to
be called. So, if you want to, you're welcome to sit right up front here because you'll be coming up in just a moment. Very good. All right. We'll go ahead and grant the motion to quash. Thank you. Is the city uh ready to proceed with its case in regard to this violation at 13025 Golf Lane?
We are. Go ahead, Mr. Tras. City would call Holden Pinker. Uh Holden, if you could uh state your uh occupation and your job responsibilities, please. I'm the building compliance supervisor, and one of my duties is to issue building code violations.
Are you familiar with the property that's located at one z I'm at 1325 Gulf Lane? I am. Okay. And who who is the property owner of that property? Uh Brian Bayard. Uh and that information is from the Panelis County Property Appraiser.
And that's reflected in uh pages 3 through uh seven of the agenda package. Correct. Okay. This case when it came uh to you, was it a complaint or by a resident or a business or was it proactive
enforcement? proactive enforcement. Okay. Did you um or someone from the city go to the property to determine whether or not that there was an actual code violation that was occurring at the property? Yes. Okay. And when did that occur?
Uh that occurred on February 28th, 2025. And who was that that went to the property to find that there was a violation? Uh that was Grace Mills. Okay. And Grace is no longer with the city. Correct. Okay. Did Grace issue a courtesy notice
of code violation? Yes. And when was that issued? The February 28th, 2025. What did the courtesy notice of code violation tell the property owner? Uh it explained the violations that were
present. Um specifically section 1469 and 1470. Uh 1469 is maintenance of the exterior of premises and section 1470 is general maintenance and the exterior of every structure um shall be maintained
in good repair. Thank you. Was this letter sent to the property owner by regular mail? Yes. Was it also sent to the property owner by certified mail? Yes. When the um courtesy letter uh courtesy notice of code violation was sent, did
it provide a date for compliance? Yes. March 14th of 2025. Did it come into compliance by March 14th, 2025? No. Okay. When the courtesy notice of code violation was sent out, did it attach
pictures to uh the notice? Uh yes. Page 10 shows the photograph that was attached and page 11. Correct. Okay. So, pages 8 through 11 then were the courtesy notice of violation that
was sent to the property owner. Correct. Okay. Um the property did not come into compliance timely. Correct. Correct. Was a notice of code violation issued after that then? Yes. And when was that issued? U March 17th
of 2025. Um, did it also list the same two code sections 1469 and 1470? Yes. Did it also attach the same photographs that were attached to the courtesy notice of violation? Correct. Okay. Was that sent by regular and certified mail?
The notice of code violation was sent uh via certified mail. Okay. And did the city receive the green card back from Mr. Bayard for this specific mailing? I don't believe so. Did the city then go ahead and uh do a
reinspection to see whether the property was in compliance by the compliance state listed in the code violation notice? Yes. And it was it in uh compliance? No. All right. Did the city issue a notice of hearing for today's hearing? Yes.
Okay. And um is that listed on pages 17, 18, and 19 or shown on 17, 18, and 19? Yes. And does it have the correct time and date? It does. Okay. Um, and was this notice of hearing sent by certified and regular mail?
Correct. Okay. Did the city also issue a statement of violation and request for a hearing for today? Yes. And is that uh set forth on pages 20 and 21 on the in the agenda packet? Yes. Okay.
Um, did the city also post the property so that the property owner would know that there was a hearing coming up? Yes, the the property was posted. I'm sorry. The property was posted. And when was it posted? The property was posted on July 30th of
2025. Did the city also post the notice of hearing at city hall? Yes. Was that done on the same day? Correct. And uh was the uh notice of hearing and statement of violation sent to the property owner on July 30th by regular and certified mail as well? Correct.
Okay. There are there's some photographs in the packet at pages 24 and 25. Can you explain to the special magistrate what these photographs depict? Sure. The page 24 is a photograph of the notice of hearing posted at the property
and page 25 is a photograph of the posting of the notice of hearing here at city hall. Okay. I'd like to turn you back to pages 10 and 11, the photographs, and ask if you explain to the special
magistrate what the actual violations are. You've told us what the code sections are, but what is the actual violation? The I guess the front is difficult to see. I mean, there's you can see in the picture here, there's some debris on the
left side of the photograph on page 10. Um, but on page 11, um, if you zoom in a little bit, you can kind of see the damage from the storm. Um, there's been no work or really cleanup in general done at the property as far as the
structure goes. Is the structure going to need to be demolished? Yes. All right. How much time do you think would be appropriate to um to give the property owner to get the property demolished? What's the reasonable time
period for compliance? 30 days. And if it's not brought into compliance timely, what do you think the appropriate daily fine should be? $250 per day. And what's the reason why you believe the $250 a day is appropriate?
Uh the current status of the property is a life and health safety concern. All right. Thank you. I don't have any other questions for you. I would tender into evidence pages 3 through 27 of the agenda packet and ask that they be received. All right. I'll go ahead and accept into
evidence as exhibit number one, pages 3 through 27 of the agenda packet. Uh Mr. Pinker, my only question is is it is compliance demol demolish the structure or is an option
to pull the necessary permits and repair the property or is this situation where the city's position is that the property has to be demolished? The the property owner can always apply for the permit. Uh we just haven't received any type of application for
either a remodel or demo. Okay. Um, I don't want to say it's impossible, but we haven't received any information that says otherwise. Understood. All right, Mr. Banner, please come forward. Mr. Banner, in just a minute, I'm going to give you the opportunity to present anything you want to present to me. You
can present evidence, show me pictures, give me anything like that. But this is your opportunity to cross-examine or ask Mr. questions of Mr. Pinker based upon his testimony. So, do you have any questions for Mr. Pinker that you want to ask him about based on what he testified to?
Uh I have spoken with Mr. Pinker uh before this meeting and I explained my situation that uh I had medical issues. Uh I've lost a house that used to be my grandfather's. It's been very trying
time for me. I I I agreed with him wholeheartedly that yes, this property does need to be uh taken care of and I am in the process of doing that. I as I explained to Mr. Pinker. Okay. Well, hold on just one second. But
do you have any questions for Mr. Pinker? Uh I I think he answered my questions when I was talking to him earlier. Great. Well, then just sit tight, sir, and let me see if the city has any other witnesses they intended. city has no other witnesses to call. Thank you.
All right. I didn't mean to interrupt, Mr. Banner. So, go ahead and tell me what else you want to tell me about this violation. Uh, well, I'm I'm in the process of getting uh bids uh for for demolition. Uh some of the companies I've run across
is, you know, uh they're looking at 3 to four months out. Uh other companies have been way out of my price range. I I I don't disagree that this needs to be taken care of and I am trying to
accomplish what I can. Um I'm just doing my best doing the best I can right now. Um with my illnesses. Uh I'm staying at my brother's house who's an older individual. Not that any of
this matters against the case, but he is has heart problems. Anyways, um I I will try to do as as fast as I can possibly get this done. All right. Thank you, Mr. Banner. Mr. Tra, do you have any questions for Mr. Banner?
Just a few questions, sir. The damage to this property is direct result of one of the hurricanes that occurred in the end of September, early October of last year. Correct. That is correct. Okay. What have you done in the last 10 months to get this property in
compliance? the the only thing that I have been able to do by myself is try to get my personal possessions out of the house, which are still not out of the house. Uh, like I say, I have not had
any help on this and I with my medical issues and so forth, I've had to take off time to get to get my uh my medical issues taken care of and my brothers. So, it's been a very slow process. Uh, I
agree. I I understand it's it's it's been dragging on and I don't wish it to drag on any longer. Sir, are you retired? Yes, sir. Okay. And you have the financial capability of having this this home demolished, correct?
Uh I didn't until I had got uh FEMA. Uh I took me a while to get the FEMA uh funds to to have to demolish. So I I should be okay. All right. And so you've got possession of those funds at this point, correct?
That is correct. All right. And how how long have you had those funds in your in your possession? Maybe a month or two. And what have you done in the last month to bring the property into compliance then? Uh not very much cuz I was going into in
and out of the hospital with my brother. Okay. Thank you. I don't have any other questions. All right. Mr. Banner, anything else you want to tell me about this one? No, just that I'm probably not the only one out there that's that's had issues
with their houses and hurricanes and so forth. I I wish I could get um at least 3 months to try to get my uh contractor set up or get, you know, because even if I get one now, it might be 3 4 months
before they can even uh work on the house uh to demolish. All right. In the meantime, I'm doing as little as I can, doing what I can to, you know, just spray weeds, clean up the outside.
Uh, but it's it's it's not much compared, as you see, it's been a lot of damage out there. So, all right. Thank you, sir. Uh, have a seat. All right. Thank you. Are there any members of the public who have information relating to this code violation that want to come forward and
provide public input? Okay, seeing none, we'll close public comment. Mr. Tras, anything else? Just uh would ask that you as a special magistrate find that there is a violation sections 14-69 and 14-70. Order that uh Mr. Boehner bring the
property into compliance within 30 days. Should he fail to bring the property into compliance within 30 days, um order a fine of $250 a day for every day the property remains in non-compliance. The reason that we're requesting the $250 today, as you've heard testimony from
Mr. Pinker, this is a life safety issue. This building is sat this looking exactly the way it is for the past 10 months. Nothing has been done. It's important to get it uh addressed. All right. Thank you, Mr. Trash. I do find based upon the testimony and the admissions of the respondent that the
property is in the violation as set forth by the city. Uh Miss Banner, I'm going to split the difference with you. I'm going to give you 60 days. So, I would encourage you to go hire a contractor. they need to come in and pull a demolition permit with the city. If you are step making steps and strides
towards compliance, then please maintain your communication with Mr. Pinker. If you do get in a situation where you know you've you're you've hired a contractor, you've got a contract, you've applied for a permit, but you need more time, please communicate that to Mr. Pinkert
because you can come back before me and we can discuss whether or not I can give you additional time. But I would encourage you to go out immediately and get that contractor signed up to demolish the property. All right, let's move on to case number C25-84 for the property located at 495 John's
Pass Avenue. Is the city ready to proceed? This property is in compliance, so it's going to be removed from the agenda. Okay, let's move on then to the property located or excuse me, case number 25-4
for the property located at 14601 Gulf Boulevard. Thank you. The city would call Mr. Pinker as its witness. Holden, if you could please tell us your occupation, your job responsibilities here at the city. I'm the building compliance supervisor
and one of my duties is to issue uh building code violations. Are you familiar with this property at 14601 Gulf Boulevard? Yes. Is this a property that um is being cited through code enforcement by way of a proactive um enforcement or was it a
complaint? Proactive. Okay. Uh who's the owner of this property and how do you know that? John Navaro. Uh and that's based on the Penllis County property appraiser. Okay. And did you print out the property appraisers records? And is that
reflected on pages 50 through 54 of the agenda packet? Yes. Okay. And what is the actual Well, first of all, who was the person that um did the inspection of this property to determine that a violation existed? Uh Grace Mills. And she's no longer here with the city.
Correct. Correct. All right. And um did you do you know whether or not she issued a courtesy notice of code violation? She did. And when did she do that? uh March 4th of 2025. And is that reflected in the packet of
pages 55 through 62? It looks like I'm sorry, let me back up. It's 55 through 57. Is that correct? Correct. All right. And did it site the code sections that the property owner was in violation of?
Uh yes. Section 14-69 maintenance of the exterior of premises and section 14-70 general maintenance uh which is the exterior of every structure shall be maintained in good repair. Is this a residential property or is it
a commercial property? This is commercial property. Okay. And was did it were these um code violation the result of the hurricanes that happened last year? Yes. Okay. When the courtesy notice of violation um code violation went out,
was it sent to the property owner by regular and certified mail? The courtesy notice was mailed regular mail. Did it attach to it a photograph of the property? Yes. Uh page 57. And what does this photograph depict?
This is a photograph of the front of the structure with the unfit for occupancy posting. All right. Did the um city set a compliance date in that courtesy notice?
Yes. March 18th of 2025. Did it come into compliance by that date? No. Okay. Did the city follow up and issue a notice of code violation? Yes. When did that occur? July 7th of 2025.
And did that site the same two code sections as referenced before? It did. Okay. And did it also attach a photograph or photographs to it? Yes. All right. If you could take a look at the agenda packet starting at page 58
and tell me is that the certified notice of code violation? It is. And the pictures of 60, 61, and 62. Can you go through those photographs and tell us what they depict? Uh, page 60 is a photograph of the
posting of the unfit for occupancy. Page 61 is a photograph from July 2nd of 2025. Uh, you can see the lower part of the wall here missing and the I guess this
sign that's been damaged. Uh, page 62 is a photograph of the plywood covering the window. And there are also the photographs that
I printed out. You should have a copy of those are all from July 8th. And that gives a little bit more better picture of the current status of the property. Okay. Um, these additional photographs, let's talk about those. Did you provide
a copy of those photographs on the special magistrate's DES? Yes. Okay. And were they also provided to the property owner? No, these have not been provided to the property owner. Is the property owner here today? Okay. All right. Sir, do you have an extra set of those photographs?
I don't, but I he can have these. Okay. Are they also on the overhead? I didn't get them on the the overhead. No. Okay. All right. So, let's just go ahead and go through the photographs and then we'll hand them to the property owner and I still have them. So, um if you could go ahead and um
maybe number the photographs one through whatever and and then tell us what's in each one of those photographs and then we'll pass down your copy to the special magistrate and I'll provide mine to the property owner. So, page one um
shows all the damage from the storm. Um this is basically the kitchen area. This is taken from outside the structure. Um looking in the page two
is another exterior photograph showing the wall completely removed from the storm and a section of fencing that looks to be just leaning some exposed electrical wiring. Uh, page three.
This photograph is in the packet. This is page 61 of the packet. So, page three is page 61 of the packet. And that just shows the plywood covering up that portion of wall that's missing.
And page four is also in the packet. That just shows the window being covered up by the plywood. And page five, it shows more damage on the interior. Um, you just see all the debris and everything from the storm
that still hasn't been addressed. And then page six is from the rear of the property. Um, and this just shows more exterior maintenance slashdamage um, from the storm.
Sir, all right. Thank you for going through those photographs. Um, uh, when the co notice of code violation was sent to the property owner, was it sent by regular and certified mail? The notice of code violation was mailed certified mail.
Okay. And the city received the green card back on that. I don't believe so. No. All right. Did the city then issue a statement of violation and request for hearing? Yes. If you could turn to page 67 of the packet, is this that statement of
violation request for hearing? Yes. The city also issued a notice of hearing for today's hearing. Yes. And that's on pages 64 and 65 of the packet. Correct. Okay. When you sent those two items, did you send them by certified and regular mail? Yes.
Okay. And is that uh reflected in your affidavit of service which starts on page 69? Correct. Did you also post the property of the code violation notice of hearing? Yes, the property was posted and city hall was also posted. And in what date was that done?
That was done on July 30th of 2025. If you could turn to page 71 and 72 of the packet and tell us what those photographs depict. 71 is a photograph of the posting of the notice of hearing at the property and 72
is a posting of the notice of hearing here at city hall. Um, is this property in compliance as of today? No. What is it going to take to get the property in compliance? The property owner and/or contractor can
apply for a permit to try to bring the property into compliance or the structure will have to be removed. In other words, demolished. Correct. Okay. Has the property owner applied for a building permit as of today? No. Okay. Have you had any communications
with the property owner about the status of the building? I have not had communication with the property owner about this specific building. Um I believe one a representative. I don't recall the name off the top of my head, but they did explain that they were
working with the property owner trying to get something done, but that was just a conversation in person. I don't have anything in writing. How much time do you think it would take to bring the property into compliance? 30 days for this property. Okay. And if
the property is not in compliance timely, what do you believe would be the appropriate uh daily fine and the reason why? $250 per day. And again, because of the life and health safety concerns. All right. I don't have any other
questions for you. I would tender into evidence at this time pages 50 through 72 of the agenda packet. ask that they be received into evidence. In addition to that, I'd ask that the photographs that were shown, I believe they're 1 through six, also be received into evidence. Um, Holden, do you do you have
the numbered photographs now you can hand to the special magistrate? I do. Okay. All right. And I'll go ahead and accept into evidence as exhibit number one the photographs. Let me make sure I've got the same thing. Hold on, Mr. Pinker.
Okay, there you go. Just keep that because I have a question about that for you. Uh anyway, going back to the record, I'll accept into the record as exhibit number one, pages 50 through 72 of the agenda packet. I'll accept into evidence as exhibit number two. The photographs that are pages mark pages 1-
6. Uh Mr. Pinker, I note that in the photographs of the first two, it indicates that 14603 Gulf Boulevard. I just want to make sure these are indeed photographs of the property at 14601 Golf Boulevard, right? Or correct.
Okay. So maybe somebody was standing at 14603 taking a photograph looking into 146 1461. Correct. Correct. But all of these photographs in exhibit number two are photographs that are evidence of the actual
code violations at 14601 Gulf Boulevard. Right. True. All right. Is Mr. Navaro here? Anybody on behalf of the respondent or owner? All right. Come on forward. All right, sir. First, what is your name?
My name is Sean Sudith. And is it J HN? Uh, no. S H A W N. Okay. I'm sorry. S H A W N. Sean. Okay. And last name? Sith. S U D as in dog. D as in dog. U T.
And Mr. Sith, what is your relationship to the owner of this property? Um they've um he's partnered with the my company um 123 CBC. We are a certified building contractor. Um we're currently in the process of getting the legal
paperwork taken care of so that we can take over the properties and bring them up to uh code. That's all I need to know. So you're the contractor for the owner. Okay. Um, Mr. Sudith, as you saw in the last hearing, I'm going to give you an opportunity to tell me even more than what you just told me, which is certainly good news.
Um, but do you have any questions or do you want to cross-examine Mr. Pinker based on his testimony? Um, no. He confirmed it earlier. My only question was if it could be um permitted and restructured or if it needed to be demolished, but he mentioned that earlier, so I'm
Okay. And I would encourage you to stay afterwards. It's a great time to talk to Mr. Pinker. is a captured uh audience here for a few minutes after the hearing. So um please hang out after the hearing. We're going to go through the other agenda items and if you have any other questions, I would encourage you to talk to them. Yes, sir. All right. So, thank you, Mr. Sith. Now,
this is your opportunity in the hearing to tell me anything you want to tell me, present any evidence, call any witnesses you want to uh call. So, tell me what's going on here at the property. Um well, a after going over um how many notices and things have been um placed,
um the reason is that Mr. Dr. John Navaro has been extremely ill. Um has some major medical conditions going on. Um we were actually contacted by a uh a community resource and connected with him and it's just taken this long to get
the paperwork um lined up so that we have the authority to go and start um applying for the permits. I apply for permits myself and so uh that is the plan that we have is to not only this property but all the properties that are
under Don Navaro and MadiRaa to take care of them. All right. Thank you Mr. Sudith. Anything else? No sir. Mr. TR any questions? No. Thank you. All right. Uh Mr. Sith I do have a question for you. Certainly being a contractor the city has asked for 30 days and the the way that the property
is going to be brought in compliance is one of two things. Yes. Either you can apply for a building permit and then it's considered in compliance because you're working toward restoring the property or number two you apply for and demolish the property. Is 30 days enough for you given your workload given everything to get this
done? Yes, sir. I think that's fair. Okay. Uh great. Mr. TR, anything else based on my questions? No. Thank you. All right. Uh Mr. Seth, have a seat. Don't go too far. Uh, are there any members of the public that have shown up today that uh have direct information or knowledge as to this code violation that want to step forward and provide any
testimony to me? All right, seeing none, we'll close public comment. Mr. TR, anything else? Nothing, further. All right, I'll go ahead and find based upon the testimony and the admissions of the contractor for the owner that the property is in violation, uh, there will be a fine, the property owner will have
30 days to bring the property into compliance. Thereafter, it'll be $250 a day fine. The compliance is to either apply for a building permit and do all the nec to do all the necessary repairs to bring the property into compliance or demolish the building. All right, let's
move on to the next one which is case CE 25-7 for the property located at 496 South Behore Drive. Is the city ready to proceed? We are. Go ahead, Mr. Ask. City would call Holden Pinker again. Mr. Pinker, if you could again state uh for the record your occupation, your job
responsibilities here at the city of Beach. Building compliance supervisor and one of my duties is to issue building code violations. Are you familiar with this property that's located at 496 South Beayshore Drive? Yes. Is this code enforcement case brought
forward uh based upon a complaint or was it proactive um case? Proactive enforcement. Okay. Um, and who is the owner of this property at 496 South Bayhore Drive? And how do you know that?
Kevin and Lisa Jones. Uh, and that's based off the Penllis County Property Appraiser. All right. In the packet, there is a print out from the Panelis County property appraiser page starting at page 73. Is this the printout that that was done to show the ownership of the property? Yes.
Okay. Um, when this proactive case was started, what was the violation that was found on the property? Uh, section 40-70, uh, general maintenance, uh, which is the exterior of every structure shall be maintained
in good repair. Okay. What was the actual violation on the structure? Uh, specifically the siding. The siding is falling off the building or removed from the building. Correct. Okay. When the uh when the code violation was
determined, did the city issue a courtesy notice of code violation? Yes. What was the date? January 28th, 2025. Is that what's reflected in the packet starting at page 79? Yes. Okay. If you could also turn to page 81
and 82. Um, were these photographs attached to the courtesy notice of violation when it was set? Yes, they were. Okay. Okay. And what does pages 81 and 82 uh what are the photographs depict? 81 is a photograph of the property with
the siding missing um on most of this which would be the south side. And the photograph on page 82 um shows some more siding that needs to
be maintained or repaired on the northern side. Okay. Did you ask the property owner to bring the property into compliance by a date certain? Yes. What date was that? Uh February 11th, 2025. Did it come into compliance by that date?
No. Did the city issue a notice of code violation? Yes. Is that what's reflected starting at page 83? Correct. Did it site the same code section 14-70? Yes, it did. And did it attach the same photographs
that were attached to the courtesy notice? Yes. Uh, when this was sent to the property owner, was it sent by certified mail? Yes. Um, and was it also sent by regular mail? The notice of code violation was sent uh
just certified mail. All right. And did it also state a date that uh that the city was requesting the property brought into compliance? Yes. February 25th of 2025. Did it come into compliance by that date? No. Okay. If you could turn to pages 87
and 88 and tell the special magistrate what these uh pages in the agenda packet reflect. 87 is a photograph of the certified mail that was sent. Uh 88 is also a photograph of the certified mail that
was sent. The yellow label specifically says no mail receptacle. So, currently there is no mailbox at the property. All right. Did the city follow up and issue a statement of violation and request for a hearing? Yes.
And could you turn to page 91 of the packet? Is this the statement of violation that was sent? Yes, it is. All right. Did you also issue a notice of hearing for today's hearing? Yes. And is that shown on page 89 of the packet? Correct.
And when were those sent? All notices for the hearing were sent on July 30th of 2025. Okay. And they were sent by regular and certified mail. Correct. And is that reflected in your affidavit of service starting at page 93 of the
packet? It is. Yes. And did you also post the property? Yes. Did you also post it at city hall? Yes. And was that also done on July 30th? It was. Yes. Okay. the photographs that are on pages 95 and 96. Can you tell us what those
photographs depict? Page 95 is a photograph of the notice of hearing posted at the property and page 96 is a posting of the notice of hearing here at city hall. What would it take to bring to the prop the property into compliance?
the property owner and/or a licensed contractor would need to apply for and obtain a permit to repair and/or replace the siding. All right. And how much time do you think would um would that take? 30 days.
Okay. And if the property is not brought into compliance within 30 days, what do you think the appropriate dollar fine should be for every day the property remains in non-compliance? $100 per day. Okay. Have you had any communications with the property owner? I have not.
Okay. Do you know whether or not a building permit has been issued for these repairs? No permit has been issued at this property uh for either storm repair or for the sighting. All right. Thank you. I don't have any other questions for you. Um Holden. Um I
re I tender into evidence pages 73 through 96 of the agenda packet. Nash that they be received into evidence. All right. All right, I'll accept into evidence as exhibit number one, pages 73 through 96 of the agenda packet. All right. Are the owners here, Mr. Mrs.
Jones or anybody on behalf of um Kevin Jones or Lisa Jones here? All righty. Uh are there any members of the public that are witnesses or have any direct knowledge as to this code violation at 496 South Behore Drive?
All right. Seeing none, we'll close public comment. Mr. Tri, anything else? Nothing else. All right. U based upon the testimony of Mr. Pinker as well as the documents presented into evidence, I'll go ahead and find that the property isn't a violation. The compliance will be to apply for a permit to complete the
exterior sighting work and maintenance required. If it's not completed within 30 days, there'll be a $100 a day fine. Thank you. All right, let's move on to the next matter on the agenda, which is C24-10.
Is that correct? That's correct. All right. And this is for the pro property at 40th 140th Avenue East. Correct. Correct. All right. Go ahead, Mr. Tras. The city is tendering into evidence the affidavit of compliance. Uh the property was
brought into compliance on July 18th uh 2025. We're requesting that you enter an order finding the property in compliance as of that date. All right. Any fines acred or just put in that the property's in compliance as of the And what's the date on that, Mr.
Uh the affidavit of compliance reflects the compliance date of July 18th, 2025. Um the there would be a few days of fine. Um, this issue has been brought to you on a couple of occasions. The last was an order granting the request for
additional time. Um, special magistrate extended the time to July 7th. So, there would be a fine that would run from July 8th through July 18th, 10 days. All right. I tell you what, I'm going to go ahead and give the land owner the benefit of the doubt. I'll wave that
fine. And so I'll just enter an order of compliance from 7:18 to uh as of 7:18 unless the city has some strong objection to that. Mr. Tr. No objection. Okay. All right. U I'll go ahead and give the respondent
here. Is Ms. Kpinsky. Are you here? I'll do it. Okay. Do you understand what I just ruled? I'm going to go ahead determine that you're in compliance and even though it was 10 days after the compliance date, I'm going to wave the fine. Okay. Very good. All right. Yes. Okay. anything you want to step up and tell me about this, even though I'm
waving the fine. I probably should just shut Okay, we That's good advice. Whenever you get a ruling in your favor, I usually just leave the courtroom at that point in time. So, all right. Uh, ma'am, I'll get you an affidavit of compliance in the mail. Okay. Okay. Thank you.
All right. Let's move on to case number C25-71 for the property located at 14060 Myar Avenue. Go ahead, Mr. Tras. So, um, this matter had been previously brought before you as the special magistrate. You did it
order in a findings of fact conclusions of law and order imposing fine and certifying lean that was dated July 1125, 2025 that the property had to be in compliance as of August 6, 2025. Subsequent to the issuance of that
order, uh the property owner requested um a through an email, I believe it was, and that's in your packet, page 109, um that they ask for an extension of one additional month.
That's in the fourth paragraph down. The city has no objection to the extension for one additional month, and that would make it September the 6th, 2025. All right. Is anyone here on behalf of the property owner at
14060 Myiramar Avenue? Uh that is DNR realy. Anybody here on behalf of DNR realy? Okay. Seeing none, I'll go ahead and grant it as unopposed. And this order granting the extension of time until
what date? September the 6th. September 6th. Correct. 2025. Okay. I'll go ahead and enter that order. Thank you, Mr. Tras. Is there anything else before me today?
Nothing else. Thank you. All right. Thank you for all your time today. That concludes today's hearing. And feel free to grab Mr. Mr. Pinker there. Mr. Bard or I mean, Mr. Sith. Thank you.