All right. Good afternoon, everyone. 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 over 25 years. I've been appointed to this position in accordance 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 cases 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 land
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 the hearing, all relevant evidence
after hearing all relevant evidence, I will issue an order. The order will be reduced to writing and you'll 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 in these proceedings 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 on any witnesses, and this includes any members of the public that intend to talk today. >> You can stand up, raise your right hand so I can swear you're under oath. Swear the testimony we're about to give today is going to be the truth, the whole
truth, and nothing but the truth. >> All right. Thank you. >> All right. The first matter on the agenda for today is case number CE 25-144 for the property located at 14097 East Parsley Drive. Is the city ready to
proceed? City is ready to proceed. >> Go ahead, Mr. Dask. Uh, the city would call Taylor Davis um to testify in this case. Taylor, um, is this a proactive case or is this complaint driven? >> This one was proactive.
>> Okay. And um who's the owner of this property and how do you know it? >> Sorry, I'm still getting onto the uh packet on my computer. Um owner of the property according to Penelis County Property Appraiser is a Mary Barker and Philip Reagan.
>> Okay. When you determined that they were the owners of the property, did you use the Penllis County Property Appraisers website to determine that? >> Yes. >> And is that in the packet starting at page three? >> Yes. You need me to wait for a second for that to come up.
Yeah, sorry. Just one second. Okay. Yeah. Page three. Sorry. >> All right. >> So, in this proactive case, what was um the violation that was found on the property? >> Um for this one, it was code
section 110 from our ordinance section 110-719 fencing. And what is the actual violation on the property? >> Um, there was no pool barrier. >> What is the requirement under the code?
>> Um, our code reads, "All swimming pools shall be enclosed with a screen enclosure or a fence or wall having a minimum height of four feet and in compliance with the provisions of article six, division three of this chapter, fence or wall or door to the screen enclosure shall be equipped with a self-closing and self-latching gate
which operates from the interior of a swimming pool area only. Okay. When you determined that this property was in violation of this uh code section, did you issue a courtesy notice of code violation to the property owner? >> Yes, sir.
>> And is that reflective starting on page nine of the agenda packet? >> Yes. >> You sent that letter on October 23rd, 2025? >> I did. >> What was the uh the date that you were asking the property owner to bring the property into compliance? >> We gave them two weeks. Follow-up date
November 6th of 2025. When you sent the courtesy notice, did you also send along some photographs of the property? >> I did. It's not very good, but our inspector actually provided this for us. >> All right. If you turn to page 11, uh,
can you tell me what this photograph depicts? >> It just shows that there is no, um, side or front gate preventing wanderers from getting to the pool area. So anybody could walk across the lawn down the side
of the house into the pool area. Is that your position? >> Yeah. >> Okay. Once you sent the courtesy notice, did you hear from the property owner? >> We did not. >> Okay. Did the property come into compliance within the time frame you requested?
>> No. >> Did you issue a notice of code violation then? >> Yes. Um, and is that reflected in starting on page 12 of the agenda packet? >> Yes. >> That letter is dated November 7th, 2025.
>> Correct. >> Did you send this letter by regular and certified mail? >> Yes. >> Okay. Uh, when you sent this letter, did you again ask the property owner to bring the property into compliance? >> Yes. Follow up date November 21st, 2025.
Did the property owner um bring the property into compliance by that date? >> No. >> When you said you sent the letter by certified mail, is a copy of that certified mail on page 15 of the agenda packet? >> Yes.
>> When you sent that code violation notice of code violation, did you attach the same picture that you just um discussed in the courtesy notice of violation? >> Yes, exact same. Is the property in compliance as of today? >> No. >> When was the last time you went out to
the property to determine whether it was in compliance or not? >> When we posted the notice of hearing statement of violation magistrate paperwork. >> What date was that? >> That was February 13th. >> Did you issue a statement of violation
request for hearing on that date? February 13th. >> Yes. And is that the document starting at page 16? >> Yes. >> Did you also issue a notice of hearing for today? >> We did. >> And is that reflected uh starting on
page 20 of the agenda packet? >> Yes. >> When you sent the notice of hearing and the statement of violation request for hearing, did you send them by regular and certified mail? >> Yes, sir. >> Did the city receive a green card back
on this uh this property? Oh, from this property owner >> from the magistrate paperwork. No. >> Okay. Did the city also post the property with the notice of violation and the notice of hearing? >> Yes.
>> And what date was the date that you actually posted the property? >> That was on February 13th. When you posted the property, did you also issue an affidavit of service
reflecting the fact that you sent it by regular mail, certified mail, and posted the property? >> Yes. >> And is that affidavit of service on starting at page 18 in the agenda packet? >> Yes. >> Did you also post the notice of hearing at city hall? >> We did.
>> Okay. Did you take photographs of the posting of the property in the city hall? >> Yes. Page 24 of this packet. Okay. Can you bring that up? >> Okay. That's the posting where? >> That's at here at city hall downstairs.
>> Okay. And do you have a photograph also of the posting of the property? >> Yeah. One before that, page 23. >> Okay. After the property was posted, did you hear um from the property owner? >> Um he came in, yes, to discuss the matter.
>> Okay. And when did that happen? >> Um I'm not sure of the days. Did you speak to the the owner when he came in? >> Yes, we all did. >> Okay. So, was it this week or last week? Give me a time frame. >> Um, I think last week.
>> Okay. All right. And your uh conversations with the property owner resulted in what? Did he did the property owner admit the violation? >> Yeah, we tried to describe to him what the violation was and why. >> And what was the end result of that
conversation? Um, and result, um, I think he was pretty understanding with it. Um, we we need a fence at the end of the day. >> Did he tell you that he was going to install a fence then? >> I can't recall.
>> All right. How much time do you think would be a reasonable period of time to bring the property into compliance by installing the fence? >> 30 days. >> Okay. If the property is not in compliance within 30 days, what do you think a reasonable fine would be?
>> Um, $250 a day. >> And why do you think that $250 a day would be the appropriate fine? >> Life safety because the pool's so easily accessible. >> Okay. All right. I don't have any other questions for you at this point. I would
tender into evidence pages 3 through 24 of the agenda packet and ask that it be received. >> All right. I'll go ahead and receive into evidences. Exhibit number one, pages 3 through 24. Is someone here on behalf of the respondent or property owner, Philip Reagan, Mary Barker?
Anybody here? I am sir. >> All right. Come on up, sir, to the podium. >> How are you, sir? >> I'm doing great. Give me your name, please. >> Uh Philip Reagan. >> All right. Uh Mr. Reagan, I'm going to give you a chance in just a moment to tell me anything you want to tell me about this uh code violation. However,
you have the right to cross-examine or ask questions of Miss Davis. So, do you have any questions you want to ask her at this time based on her testimony? >> Uh, no. It's just, you know, it's true. I don't have a fence. >> Okay. Well, >> I have it all charged. >> Sounds good. >> Better. >> Um, let's do this. If you don't have any
questions, let me see if Mr. Tras needs to call any other witnesses. And then >> he city has no other witnesses. Thank you. >> All right. So, Mr. Reagan, uh, this is your opportunity to tell me whatever you want to tell me about this. And uh if you want to show me any documents, I just ask you show Mr. Tras first.
>> Okay. I do have documents. Uh I have a pool guard and it's rated and it's actually more safe than a fence. Uh I have pictures of me rolling around on it. You can walk back to it, but you can't get in the pool. It's put on there so tight. It's with hooks all the way
around the edge of the pool and over the hot tub that a person or a baby can't get in it. It's it's squares squares three and a half inch squares net all the way around the pool. Uh the pill pool was put in in 2004 by Freestyle Pools, a very uh popular well-known
pool installer. And uh we chose the net over the fence. The fence that goes around the the pool, they're pretty flimsy. These are not. There's there's the kind of fence that just goes
in little hooks around the edge of the pool itself or a fence that goes around the uh pool deck. And that's what I'll do if I put in a fence. Uh and and I'm not opposed to it. I've tried looking at it. It's really hard to get my neighbors
leaves out of that pool. So, uh in my defense, the pool was not unprotected from someone drowning. I confess the pictures show I do not have a fence. I chose not to have a fence. So, I'll show you that
I came in and talked with the planning department and she checked out the uh qualifications and the levels of safety of the pool and she recognized that it is meets those requirements. However,
it's not a fence and that's >> Go ahead and show Mr. Trash whatever you want to show me first and let me see if there's any objection. Okay, >> that's the >> Okay, okay. Okay, I don't have any objection. If you
want to provide them to the special magistrate, you can take them in. No objection. >> All right. Thank you. And sir, are these copies that I can keep or are these copies that >> Okay. >> All right. Let me just look at these and
I'm going to hand them back to you. And I don't mind if you stand here, but to get it on the record, you need to be back at the podium. But but hold on. Let me just look at this real quick. Okay, sir. I've reviewed all this. Um I'm going to hand it back to you since you said you need to keep those. So, but
I have looked at them. >> That That'll be fine. We'll be We've got three other hearings after yours. So, that'll be fine. U we have no objection. So, for the record, um if Mr. Reagan brings back copies, we'll put them as exhibit number two for those pages. >> All right. So go ahead, sir. What else
would you like to tell me? >> That's that's uh pretty much my defense is that that the pool is safe now, but there's a requirement since the new building department 2016 and my pool was put in in 2004. So that net's been in
there 22 years. It's been replaced, of course, with new netting because it wears out the hooks, but it's not an unsafe pool. Uh I don't feel like I have put any children in harm's way at any time. Uh we have all my grandkids have
grown up from two years old to now 24 and 25 and they didn't have any issue with my pool other than playing it on the holidays. So that's my plight, sir. If you decide I need to build a fence, I'll build a fence. I have no problem with that. >> Okay. Well, thank you, Mr. TR. Some
questions for this witness? >> No, sir. >> All right. Uh thank you, Mr. Reagan. Anything else? Any other witnesses you'd like to call or any other um evidence you'd like to provide to me? >> No, sir. My wife is homesick as dick as with cold. >> So, it's certainly going around. All right. Thank you, Mr. Reagan. All right.
Are there any members of the public that um have knowledge, direct knowledge about this code enforcement proceeding that would like to come forward? All right. Seeing none, Mr. Tras, uh what are your thoughts on the presentation and and what would you like me to do here in this one? So, um, the
code provision that we're talking about, section 110-719, has been in existence in the city's code since 1983. I'll go ahead and provide you with a print out from the code showing that it's been in existence for 42 years. So, it was before the pool is
actually installed. Um, obviously the code specifically requires that there be a fence or a wall around the pool. There is no exception in the code for other safety precautions. I I do take note that it looks like the
precaution that uh that the property owner has provided is um provides children from falling in the pool while that uh netting is on top of it, but that doesn't meet the requirements of the code. So, we're asking that you give the property owner 30 days to bring the property into compliance by installing a
fence. Um, and if it's not installed uh within that 30-day period of time that a daily fine of $250 a day be levied against the property owner. And again, I'd like to submit this. >> Yes, absolutely. >> Print out of the code.
>> Perfect. All right. I'll go ahead and take judicial notice of this, but also attach it as exhibit number three. I did notice it appears it's part of the 1983 code. So, all right, Mr. Tras, anything else? >> No, sir. >> All right. That's an 83 code.
>> This particular provision was enacted in 1983, I believe. That's correct. Right. Question by >> the city of Madira Beach >> because we didn't have a building code till 14 or 2016. >> That's right out of the code. I just printed it off the code.
>> I wasn't here in 1983. >> I could just rely on the code in reading the code. That's what it says. >> I fly 15 eagles in 19 1983. So, okay. Uh yeah, m Mr. Reagan, here's my ruling. You know, I read the code, which is kind of a popular code all around the state
of Florida to have the 4 foot high fence with a self-locking gate and everything like that. I I certainly give it to you has a very creative solution that you have there. Uh however, as I read the code, it does require a fence. So, I'm going to give you time and because you
have this solution, I'm not going to do $250 a day. It'll be $150 a day, but I'm going to give you 30 days to put a fence up around the area that the city has depicted that needs a fence. Um, again, it I would encourage you to work with the city as to where the fence needs to
go and whatnot. >> And please, sir, clearly you're trying to comply with the safety requirements. So, if you have trouble getting a contractor, you have trouble finding someone who can do the work within that time period, please let the city know that. Please come see me again. I'll give you more time to get the fence
completed. >> Thank you, sir. All right. Thank you very much. That'll conclude the hearing on the first matter. >> Am I fair to leave the building? >> You can go, sir. If but if you want to include those in uh the record, just make sure you copy them and bring them back here. >> Okay. >> All right. Thank you. All right. Let's move on to the next case, which is
C25-160 for the property at 14190 West Parsley Drive. Is the city ready to proceed? >> Yes, we are. And Taylor Davis is going to be the city's witness, too, on this one. Taylor, you've already been sworn in. Um, is this a proactive case at 1
14190 West Parsley Drive? >> Yes, proactive. >> Okay. And u who's the owner of this property? >> Brian Rockowitz and Liliana Rockitz. >> Okay. And how do you know that? >> Property appraiser. >> Okay. In the packet there is a print out from the Penelis County Property
Appraisers website starting at page 25. Is that what you use to determine the property owner? >> Yes. >> Okay. Um and um what is the violation that the city found on this particular property? >> This one was work done without a permit.
There was a ground floor buildout of a FEMA compliant home. >> Okay. In particular, can you explain that? Um when you say a ground floor buildout, what was done on the property? >> Um plumbing, air condition space, uh maybe or maybe not partition walls. the
owners here today and was trying to kind of tell us what's down there, but because I've never been in the property myself. This was a posting off of Zillow that we found. >> Okay. So, you were just spinning through some photographs. Let's let's go back
then and start over again then. So, what would be the code violation that was on the property? >> This one is section 14-30. Enclosed area below design flood elevation. Enclosed areas including
crawl spaces that are below designed flood elevation shall be so used solely for parking of vehicles, building access and storage. And this one is unpermitted use of enclosed area below design flood elevation. >> Okay.
And if you could turn to the photographs that you were just showing on the screen specifically, I'd like you to start on page 31. Who took these photographs? Um, I'm assuming a realtor or the property owner. >> And where did you receive them from?
>> Uh, Zillow. >> Okay. Is it the city's practice to review the Zillow ads to determine whether there are violations here in the city? >> It is helpful when we can't access a property. Yes. >> Okay. And so these photographs from
Zillow, do we know approximately when they were taken? >> Um, there was no time stamp dates on them. >> Okay. And um are when they were printed off of Zillow, was there an address associated with these photographs? >> Yes.
>> And what was the address? >> 14190 West Parsley Drive. >> Okay. These photographs, if you could look at them and explain to uh the special magistrate what the violations are in each one of the photographs. >> So the top photo up there shows a mini
split, assuming that this is aironditioned habitable space. >> Okay, I'm going to stop it right there. What is a mini split? >> A mini split is used for air conditioning, heating, and cooling. >> Okay. And where is it located in the photograph? >> Um, right above those French doors.
>> Okay. Okay. >> Kind of hidden. >> Continue on. >> And then there is a bathroom down here as well. Full shower, full full bathroom, vanity, plumbing, and all. >> Okay. When the city determined that
there was this violation at the property, did the city contact the property owner? >> We sent the letters. >> Okay. So, the letters that you're referring to, first of all, is a courtesy notice of code violation? >> Yes. >> And is that reflective starting at page
29 in the packet? >> Yes. >> When you sent this letter, did you send it by regular or certified mail or both? >> The courtesy was sent via regular mail. >> Okay. When you sent this letter, did you hear from the property owner after you had sent it? >> Yes.
>> Okay. And when did you first hear from the property owner? >> Um, I don't know an exact date. I was actually not here. Uh, property owner came in and spoke to Holden. >> All right. Well, the letter is dated November the 4th, 2025.
How how soon after the letter was issued did that visit take place by the property owner? >> Um it had to have been around Veterans Day because that is when I was not here. >> That's November 11th. >> Yeah. >> Okay. And did the property owner advised
the city that um they he admits the violation and was going to bring the property into compliance? Yes, we were discussing options and how to >> Okay. All right. Did the property come into compliance within the time frame set forth in the courtesy letter? >> No.
>> Did the city issue a notice of code violation then? >> Yes. >> And is that reflected starting at page 32 of the packet? >> Yes. >> Okay. >> And this notice of code violation, did it site the same code sections as the courtesy notice? >> Yes. >> Was this letter sent by certified and regular mail?
>> Yes. >> Okay. Did it attach to it the same photographs that had been sent with the courtesy notice? >> Yes. >> Um, if you could turn to page 35 of the packet, is this a photograph of the certified mailing of that code violation
notice? >> Yeah, the notice of code violation. >> And the next page is a green card. Is that the green card that came back as a result of the certified mailing? >> Yeah. >> Okay. Did the property come into compliance after the code violation notice was sent?
>> No, sir. Is it in compliance as of today? >> No. >> All right. Did the city issue a statement of violation request for a hearing before the special magistrate? >> Yes. Page 37. >> Okay. Did the city also issue a notice of hearing for today's hearing? >> Yes.
>> Is that starting at page 41 of the packet? >> Yes. >> Did both of those documents reflect the same code sections that were um alleged to have been violated by the property owner as in the notice code violation notice? >> Yes. >> All right. When the um statement of violation and
notice of hearing was sent, was it sent by regular and certified mail? >> Yes. >> And uh was the property also posted with these? >> It was. >> All right. And when was the property posted with the notice of hearing? >> February 13th. >> Did the city take photographs of the
posting of the property? >> Yes. Property posting is on page 44. >> Okay. And it was also posted at city hall. >> Yes. >> And is that the next photograph? Yes. >> All right. So, as of today, the the property is
still in violation. Correct. >> Yes. >> And how much time do you think would be a reasonable period of time to allow the property owner to bring the property into compliance? >> I think 60 days. >> Okay. And if the property is not in
compliance within 60 days, um what would be the um fine amount that the city is looking for for non-compliance? >> $250 a day for non-compliance. >> What does the property owner actually need to do to bring the property into
compliance? >> Bring it back to the originally issued use at the ground floor. >> So what does that mean though? What does he have to remove from the down the floor? the floor that's being photographed. >> No more plumbing and there cannot be
living space. No AC, no plumbing. If there was any posthome built partition walls, those cannot stay either. And he needs to bring back the flood vents. >> Okay. What is a flood vent? >> Flood vents lets the like if we had enough of a flood, it would be the storm
water to go in and escape the structure. >> Okay. All right. I don't think I have any other questions for you. I would tender into evidence the documents that are in the agenda package pages 25 through 45.
Ask that they be received into evidence. All right. I'll go ahead and accept into evidence, excuse me, is exhibit number one, pages 25 through 45 of the agenda package. Uh, is anyone here on behalf of the owner or the respondent, Mr. or Mrs. Roshawich? >> Yes, I am.
>> Rockawitz. All right. Come forward, sir. All right, sir. I'm going to give you the same opportunity I gave the gentleman before. You're going to have every opportunity to tell me anything you want to tell me, but this is your opportunity to cross-examine or ask questions of Miss Davis based upon what she testified. Do Do you have any questions for her?
>> I do have, I believe, one. So you see the pictures that you took off Zillow, but there's no pictures showing of any flood vents. So I don't even know why that's even an issue as of now because there's not been a picture. There's not been any uh nobody on site to to even
know what my flood vent condition is. So, being that there's drywall and you can see the top photo, there's no flood vents that you can see and they have to be spaced however many feet and you can tell that there are not
any. >> It's not spaced for many feet. It's how many square or inches for the living space. But there might be a flood vent on the other side that you're not seeing. Again, you're not seeing the exterior of the building, but I'm just letting her know that she's coming up
with a flood vents when there's no pictures of flood vents, but there's flood vents. >> All right. Any other questions for Miss Davis? >> Um, no. Not not no. >> Okay, sir. Don't go anywhere. I don't know if Mr. Tras has any more witnesses or not. >> No other witnesses.
>> All right, sir. This is your opportunity to tell me anything you want to tell me. Call any witnesses you want to call and provide me with any documents you want to provide me. So, I got the courtesy notice on November 4th and within five or six days, I was proactive and I came
in here and met with Holden. I believe Marcy uh Miss Taylor was not available. She was not in the meeting. And I believe there was a lady from the um uh public works. And we sat down kind of show they
had the plans of my home. I gced the entire house. I built a house. Um, there hasn't been any partition walls. What you see, first of all, other than the wall that separates the bathroom, that's a loadbearing wall. And the two exterior walls, the two walls that create that
room, those were the existing walls from the existing house. I left existing walls and then we built the structure on top of existing walls. So that has that was not built as a room per se. It was designed that way and in the plans it shows that room being that those walls
were there. It separates the two garages on either side. Okay. French doors were part of it. The windows were part of it. All that was part of the original plan. Okay. So, that's the first thing. Um, what was the question? I'm sorry. Um, oh, so I'm February on November 4th. So,
I came in a couple days, told them what I needed or we talked about. They said, "Brian, you came in. We understand. we'll work with you. We'll get back with you." So, I'm like, "Okay." I waited. So, this was during the holidays. They said, "Hey, let's get through the
holidays." So, on January 9th, they sent me the notice of code violation. I said, "Okay, we're back into this thing." I said, "You know what? I got to get in front of this a little bit more." So, I hired an architect, engineer, and
contracting company. He did a site inspection, which I paid for, which I have a copy of, and he says, "Okay, I'll take over from here. I'll send a letter to the city via their website that they asked for, which is the building
department at Madira Beach, dot da." He sent this um official with the stamp and everything on it. Never got a response. Okay. sent it to the according where where you tell me to send it on February 13th.
You guys send me saying that I have to come to the special magistrate meeting. I tried to call, couldn't get a hold of anybody. Couldn't leave a message because voicemail's full. Couldn't get a hold of her. Couldn't get a hold of Holden. Couldn't get a hold of the building department. So, I called the
only cell number that I have, which is with the public works, and she put out an email saying, "Please get a hold of Mr. Rockowitz." Holden then called me. I said, ' Holden, we sent you an email just like you wanted to with this letter head saying he's going to be. Oh, we didn't get it. I go, 'What do you mean
you didn't get it? I'm CCD on it. I don't know why. Well, we have this security stuff that maybe went to spam. That's not my problem. We followed all the protocols accordingly. So now that's why I'm here. And then he
sent other emails and this was dated on February 18th and this was to Holden, Jordan, Joseph, Marcy, Connor, Taylor. Appreciate the clarification. We're working with the owner to provide the necessary documentation. What can we pro
what can we provide to have the upcoming class hearing removed from the docket? Thank you. Still no response. He's not getting responses from your building department. So, um he finally on uh what date is this?
Looks like he emailed Kathleen. Thank you for your cl I guess he did. This was uh after. Thank you for the clarification. We have confirmed with the property owner. The owner will be using a third party drawing as there are no structural elements to be removed. As of now, he still has not got a response
from anybody saying what we need to do to bring it in compliance. Okay. So, >> a couple things. Let me just break it down. I'm going to give Mr. Trash the opportunity to ask you questions. U but I just have a couple clarifying things. First of all, please show to Mr. Trash
anything you'd like to show to me. >> And then secondly, is it your position that you're not in violation or is it your position that you're you've got an architect, engineer, and someone else working to correct whatever the violation is. >> Yes. Trying to get somebody to to get to
get a response and to figure out exactly what exactly what we need to do to bring it in compliance. >> Okay. Show that to Mr. Tr first, please. And then Mr. Tras is gonna Well, I'll let you tell me anything else you want to tell me and then Mr. Tras will ask some questions. >> I have a copy of that. I have a copy of
that. >> That was his email sent on January 23rd officially. >> I I can read it. Thank you. Okay. Thank you, sir. I don't have any objections to the special magistrate
receiving those and considering them. >> If you want to just go ahead and hand them to him. Okay. >> And I'll say the same thing to, as I said to the last gentleman, are these my copies to keep and you'd like me to put them into the record. >> Sure. I can make more copies. That's fine. >> All right. Give me one moment then, sir,
to take a look at them because I want to be able to read them and uh and make sure I see everything. All right, sir. What else would you like to tell me today? >> You know, there's a lot of things I'd love to say, but I it just I don't think
it's going to help. It's just that, you know, I've lived out here for 26 years. I GC this entire house and and I just what the city can do on on their property versus what we can do is is like, you know, whole different thing.
When this when this building that we're standing in was built, this lower section down there, which is the building department, didn't exist. Then afterward, they installed it and put plumbing and bathroom and electrical and grant they could is it's a not a residential, but then it got flooded.
So, and they don't have flood vents because they but I just don't understand if if it's if it's good enough for you. I didn't I I you know, I don't understand. I don't get paid. FEMA didn't pay me any money. I assume all
the risk. I do it out of my own pocket. And for somebody to own this fancy or a nice of a house and and have a party and then expect everybody just to 30 kids and trance upstairs wet and going upstairs and not to have a simple bathroom. It it doesn't hurt anybody.
There's tons of bathrooms on the lower level and and it's just just some common sense needs to be used just in general. You know, the house next to me has a bathroom. I have a bathroom. It's just more of a convenience. We're not in We're not habiting the space. It's just a space that was there. It It came into
use just for when we have some friends over and stuff like that. It's all it ever was. >> And lastly, that's where my my lower stairway enters into which they say access. And my elevator shaft also enters into that room. So, you have to
go from the garages through that this area to get into the house andor go to the elevator. Okay, I think I understand, but I'm going to let Mr. Tras ask some questions and then I may have a couple questions. Mr. Tras. >> Um, Taylor, can you bring the
photographs back up, please? >> Just a few questions, sir. Mhm. >> These photographs are the inside of the downstairs of your home, correct? >> Just this one little area. Yes, sir. >> Okay. So, and who took these photographs? >> I did. >> All right. So, did you post them on Zillow?
>> I did. >> Okay. Are you trying to sell your home? >> No, we were we were thinking about renting it long term. >> Okay. So, couple questions about the top photograph then. Mhm. >> So, the door immediately to your left in the
photograph, is that the door that goes into the garage? >> We have a double garage. We have a fourc car garage on that side. Yes, sir. That's that's leading to the garage. >> All right. The next door down, the one that's the door is open. Is that where the bathroom is located? >> Yes, sir. >> Okay. And the next picture below, is that the picture of the bathroom that's
behind that open door? >> Yes, sir. >> Okay. And if you look into the corner, it looks like there's kind of like kitchen cabinets and so forth. Is that where there is a sink? >> Yes, there's a like a little mini bar. >> Okay.
>> But just and just some cabinets up top. Yes. >> All right. And right above the French doors, there is a mini split air conditioning system. Correct. >> That is correct. Now, it is above the base flood elevation. So, you answered my question. Thank you.
Are there any other um kitchen facilities on the first floor? >> No, sir. >> Is there any other bathroom facilities on the first floor? >> No, sir. >> Okay. >> And then the You can't see it. If you go that wall that the futon is sitting on. >> Yeah. >> There's
you curve around here, that's the entrance to my stairwell that goes up from and the elevator is like literally we're looking at the we're like standing in the elevator shaft looking out into this room kind of theory. But there's another door that there's another garage that there on the other side of that wall. So there's another door, but those
are all just garages. >> Okay. >> All right. >> So, um, if the special magistrate finds that there is a violation of the cited code section, how much time do you think that it would take you to bring this back to open storage garage space? The
city is suggesting that you can do that in 60 days. Yeah, I don't what's the thing is they haven't given us a defined they haven't that was why I my architect engineers tried to get this from day one and has got no answer what do we need
what do you want us to do to make it you know to compliant we want to do what they say and not do other stuff that we don't need to not do >> understood >> but they won't you know they have not gotten back with via email >> okay so if they were told to tell you that you have to take out them I'm just
going to make a couple list of things. Take out that mini split air conditioning system. Take out the bathroom. Cap all the plumbing. Um take out that um bar sink. Cap that plumbing. >> It's already gone. >> Okay. Um how much time do you think it
would take to do that? >> I would say 60 days. I mean, yeah, I think we can do it. Now, >> obviously, I have a question. >> I I can't answer your questions. That's it's it's >> Well, I mean Well, but I'm I'm not a
question. I'm saying is it the entire bathroom or are we just speaking? Is it the toilet? Is it the sink? I mean, because I think I read in FEMA, you can have a what do they call it? A tub sink is allowed in down inside of a FEMA compliant home. I I read that today. I
was doing some research. A tub sink is is fine in a in a FEMA built home. So, is a tub sink going to be okay in place of a a vanity? And that that's my question that that's the questions I need answered from the city,
>> right? The building department needs to help you with that. >> And then the air conditioner, why can that be conditioned space, especially if it's above the base flood elevation? >> Okay. Again, you can talk to the building official about that, but >> Okay. Um, so you've answered my question
about the time frame. Are you a general contractor? >> I am not. I'm an investor, but I am not. >> Okay. Okay. >> I also have another business that I buy and sell houses. Okay. All right. >> But I GCD this house because this was my own house. >> In other words, you hired a general contractor to build this house.
>> No, sir. I was the owner builder. >> Okay, that makes more sense. >> I swung the trusses. I built the handrail. I laid the flooring. I mean, the few things that I couldn't do like framing. I subbed that out. >> Okay. So, you were the person that installed this bathroom then? >> Yes, sir.
>> Okay. All right. Thank you. I I just want to make sure I understand everything and then I'm going to I'm going to ask you a question and and give you an opportunity here. So, first of all, when I'm looking at page 44, is
this room behind this wall right here on page 31? Is it under the staircase? Where where is this room? >> I wish we had You guys had the original floor plan. They had they had my building plans here at one time when I was here in November. They brought it up and nice and big. It's
no underneath the stairs and underneath there. That's all like that's that's the stairwell going down to that center room. >> Okay. >> That center room is probably back about I don't know 15 no more than that. Probably about 15 20 feet because that's my forier in my entryway. And then the
back of the house those the double doors that would be that center portion. So no it's further underneath there is all storage. >> Okay. And that that I guess brings to my ne next question is on the original plans, >> was this a storage area or when the original plans, was this a room with a
bathroom and an air conditioner? Everything? >> It was a storage room. >> Okay. When you put in the bathroom, was it after you got the certificate of occupancy for the house? >> Yes, sir. >> Okay. So, this work that I'm looking at, I just Was it permitted work?
>> No, sir. >> Okay. All right. So, if I had to understand correctly, this room wouldn't appear on the plans and there's no permit for any of the work in this room. >> The room is on the plan that the the footprint is all there. Yes. >> Let me say it a different way. The the room is there, but not
>> not the not the bathroom or that little kitchenet thing. >> Understood. Okay. I I think I'm following you. Your position, if I understand it, or the defense is, hey, couple things. Number one, you should be able to do something with it even in the female. Am I correct?
Well, especially because it doesn't affect the NFIP and I don't I'm not I take all the risk. It's not insurable. When I did claim the insurance, they just paid me for muckup. Um, you know, which was cleanup. They didn't pay me for any drywall repair, none of the none of the stuff that got damaged. And
that's the other thing. When you own a FEMA house, we were talking earlier before we started, that's unfinished storage. Okay. Well, we don't have a garage. So, now we everything in our garage is, you know, like lawnmowers and stuff. None of that's covered by FEMA. So, it's like,
you want me to put stuff, but don't put stuff. You know what I mean? Because I I have no place to put it because we have no garage. That's our garage. I >> I think I understand. And then, sir, the JSB Milestone inspections, these professionals that you've hired, >> Yes. is to
help you work with the city to figure out what can be done >> in that room and what if it has to be restored to something other than what it is now. They're there to help you with that. >> I think they have a mostly Yes. Yes. to to answer the question, yes. I believe
that the bathroom is really the bathroom in that little sink, which is not even there is the biggest thing going on right now. >> Okay. >> You know what I mean? And and sir, here's what I'll do because it certainly sounds like you're trying to work this out. Um I'm I'm not necessarily sure I
see it as a true health and safety issue, even though I always get concerned when it's unpermitted work, but um I'm not as concerned. My question to you is this, sir. I'm here every 30 days, and I so I'll give you the choice. It seems to me like this is a violation,
but it also seems to me like you're trying to work something out with the city. Do you want to continue this and come back in 30 days? You want me to give you 60 days to come in compliance and I do a $100 fine after that? It's your choice. >> And I'm saying I'm not saying if I can get I don't know if I can get it done in
60, but I I mean when I come back in 30, we just readress this again and see how we're doing because again I'm also having to kind of work with the city. But I'm not saying they're not been helpful, but so far they haven't helped my guy, you know, my company that I
hired. Um, so I mean I I I guess we should re reassess this in 30 just to make sure we're all on the same page again. >> All right, let me do this. I'm going to go ahead. I'm going to give you 60 days. >> Okay, >> I'm going to find the property is in violation based upon the evidence that's before me and and what you told me
today. I'm going to give you 60 days to bring the property into compliance. I'm only do a $100 fine thereafter. If you're working with the city though and you're coming to a solution and you need more time, please tell me, okay? Please come back at another hearing. But for purposes of today, I find that the uh
city has gone ahead and proven that there's a violation. 60 days to comply, $100 a day fine thereafter. The order is going to say to comply with the corrective action set forth on the record here today. So, if you have a
question about what that is, again, I don't know if Miss Davis is available today to talk to you or not. I'm sure that after today's hearing, you're going to find the city will be responsive to you. But again, if there's an issue, come back and see me in 30 days. You don't have to wait the whole 60 days and we can put you on the agenda under old
business or something like that. So, uh, I'm going to give you an opportunity to work with the city on that. Best of luck to you, sir. But I'm going to go ahead and find there's a violation as of today. >> Okay. All right. That takes care of that that that issue that the only pictures that
they have. My issue is these flood vents. I mean, is that is that something that I don't have to worry about because it's not really the codes compliance and this thing was for this thing, nothing else? >> I I can't tell you one way or the other.
I'm not a building official and and that's again something that either you and the city or you and your professionals and the city will have to work with. And again, if you have questions about that, I don't know what Miss Davis's day looks like the rest of the day. I know we've got two more matters and if she's available to talk
to you after this, I'm sure she would make herself available. I've seen her do that in the past because again what the city wants are uh you know the properties to be in compliance and and they want to work with their owners despite some challenges it sounds like you've had. The city generally is very good at working with the owners to bring
the properties into compliance. So I would encourage you if you have the time today just hang out for a little while longer. >> I don't see anybody else in the audience. I think we're going to be able to get through the agenda pretty quickly and it may behoove you to just hang out. I can't keep you here, but if you have time, you may want to stay. But >> just for a matter of fact, this is the first time I've ever met her. So during
all this communication and my phone calls, never have I spoke to her or andor got any correspondence from her until today. >> And and she may not be the right person to deal with some of these building issues. She's on the code enforcement side, but she will put you in touch with someone who can if she can't help you. And again, I I can't commit to her. I
don't know what the rest of her day looks like, but I do know that she is a very friendly person and she knows what she's doing. And so if you want to hang out just a few minutes, you might be able to talk to her after the >> Okay, sounds good. >> All right, let's go on to the uh next case, which is C25-186
for the property at 600 Flamingo Drive. Is the city ready to proceed? >> So, this one is going to be pulled from the agenda. Late yesterday afternoon, the city received a request to continue the matter. The property owner has hired an attorney. The attorney was just hired
within the last day or so. We were going to continue this case the next month to give him the opportunity to prepare for the hearing. So there will we're pulling it from the agenda today. >> Okay. I'll just enter an order of continuence saying to be renoticed by the city. >> Perfect. >> Okay. All right. Is the city ready to go
on to 25-178 for 575 Normandy Road? >> Yes, we are. So the city is going to call Connor Mechco um to be the city's witness in this case. Connor, is this a proactive case, 575 Normandy Road, or is
this a complaint driven? >> Uh, this is proactive case. >> Okay. Who's the owner of this property? >> Vin Investment LLC. >> How do you know that? >> We pulled that information from the Penllis County Property Appraiser.
>> Okay. And is that reflected in the printout that's starting at page 76? >> Correct. >> Okay. Holden, can we have you guys step out, please? Thank you. Appreciate your time. Okay. So,
you say that this is a proactive case. What was the violation that was found on this property? Ordinance-wise, it was 8652 for when required. There was work without a permit. It was proactive. We saw workers
uh not sure if they were licensed, possibly handymen or contractors. Um they were actively doing work. The door was open. There was a worker's van outside with, you know, construction material. So,
>> okay. When you were at the property, did you take photographs? >> Uh correct. Starting on page 82. >> All right. So, look, we're going to talk about the photographs, then we're going to come back to the courtesy notice. So, um, who took these photographs starting at page 82? >> I did.
>> All right. And what starting at page 82, this photograph, what is it showing the special magistrate? >> Uh, as you can see, the they've already started putting drywall back in. Um, I assume up to that cut. So, they were working on drywall when we were actually
there painting and drywall. Um, and they were, you know, installing drywall. They had, you know, tools out like measuring tape and everything. Okay. >> And is there something going on with the flooring in that photograph as well? >> Uh, this could potentially be new, but
this is obviously missing. So, they could definitely potentially also be doing new flooring as well. >> All right. If you could turn then to page 83 and tell us what this photograph depicts. >> Uh, this is just a more zoomed in picture potentially showing the flooring that's being replaced and worked on.
Okay. And then on page 84, uh this shows the van um that was outside um working on the property. Um obviously unmarked. It was it has construction tools in it. It has, you
know, paint, all that stuff. And the person over here is one of the workers. Okay. All right. So, um, when you went out to the property, determined that work was being performed without a building permit, did you issue a
courtesy notice of code violation? >> Correct. >> And is that, uh, the courtesy notice starting on page 80 of the agenda packet? >> Correct. >> Okay. Um, and when you sent this courtesy notice, did you send it by regular mail or certified mail or both?
>> Uh, we sent the courtesy, I sent that by regular mail. >> Okay. In that letter, did you ask the property owner to bring the property into compliance? >> Yes. By December 23rd, 2025. >> What did the property owner have to do to bring it into compliance?
>> Um, the property owner would just have need a licensed contractor to pull an after the fact permit um to come into compliance. They would need to obtain an after the fact building permit. >> And the date that you gave to come into compliance? >> December 23rd, 2025. Did they come into
compliance by that date? >> No. >> Are they in compliance as of today? >> No. >> Okay. Did you issue a notice of code violation then? >> Uh, yes. On page 86. >> All right. Did you get a response from
the property owner after you sent the notice of code violation? >> No, we did not receive any. >> All right. Did you attach the same photographs to the notice of code violation that you just went through a few minutes ago? >> Yes. >> Okay. I'd also like you to turn to page 91. And page 91, what does this
photograph depict? >> Uh, this photograph, it just depicts the stop work order that was actually physically posted at the property. That was the front door that you could see open. Um, they closed the door so we could post the stop work order after
they had let us see the work that was being done. >> Did they actually stop working when it was posted on property? >> I believe so. They said they were cleaning up. I did not wait for them to, you know, leave. >> Okay. Did you send the notice of code
violation by regular and certified mail? >> Uh, correct. Senate by certified, um, as shown on page 92. >> All right. Did you also, uh, issue for today a statement of violation and a notice of hearing for today?
>> Uh, yes. >> And are those in the packets at 95 and 97 pages? >> Yes. >> All right. And how were those sent to the property owner? >> Um, regular and certified and posted at the property and at city hall.
>> And is that reflected in the affidavit of service starting at page 93? >> Correct. >> All right. Did you take photographs of the posting of the property? >> Um, Holden did, but yes, it's on page
99. >> All right. And did you or Holden take a photograph of the posting at city hall? >> Yes, that is page 100. >> All right. As of today though, your testimony is the property is not in
compliance because they have not obtained a building permit. Correct. >> Correct. >> All right. How much time do you think it will take to uh bring the property into compliance by obtaining a building permit? >> I would recommend 30 days to come into compliance.
>> All right. And the daily amount of the fine that you would recommend if they don't come into compliance within 30 days, >> $100 a day. >> Okay. And how did you determine that figure? >> I believe that $100 a day was fair because it was not actively being sold
or rented out. So, I can't see that it's actively posing a threat to an active tenant or anything. It's just unpermitted work, obviously. >> Okay. Thank you. All right. I don't have any other questions uh for Conor. I would tender into evidence uh pages 80
through 100 of the agenda packet. Ask that they be received into evidence. I see it starting at 76. Mr. Tr is that do I have it wrong? I have an older version. 76 is this page right here. Does that
say 76? >> Okay. I wrote my notes. >> I started with the courtesy notice and not the property appraiser. So yes, 76, please. >> All right. I'll go ahead and accept any evidence as exhibit number one, pages 76 through 100 of the agenda packet. Uh Mr. Mechco, just to so the record's clear,
uh this work, the drywall work, the flooring work, the other work you see, uh based upon your experience and your interpretation of the building code will require a permit. Is that right? >> Correct. Especially after a storm, any work to rehabilitate a home would need a
building permit. And based upon what you observed or what you see here, the cost of that repair or modification would exceed $500. Is that right? >> Correct. >> And this work uh appear I see work on the you know flooring work that appears
to be greater than 50 square feet. Do you you agree with that as well? >> I would agree with that. >> And this is beyond just strictly cosmetic work of a strictly cosmetic nature. Right. >> Correct. This home was damaged by the storm. We can assume.
>> Okay, that's all I have. Mr. Tras, you have anything for Mr. Mechco baseball cross examination? >> Thank you. >> All right. All right. Is there anyone here on behalf of the respondent, the property owner? Anybody here on behalf
of Vin Investment, VIN Investment LLC, or uh the property 575 Normandy Road? Okay. Okay. Let the record reflect that no one on behalf of the respondent is present. Are there any members of the public that have information about this
code enforcement violation would like to come forward and provide public comment. Okay. Seeing none, we'll close public comment. Mr. Tras, anything else? >> No. Thank you. >> All right. Based upon the testimony of Mr. Mechco, as well as the documents provided, I do find the property is in
violation of the code section set forth in here. The corrective action will be as set forth on the record and that will be to apply for and obtain an after the fact building permit for the work that was
done and give the respondent 30 days to bring the property into compliance. Thereafter, it'll be $100 a day fine. All right, Mr. Tras, is there anything else on the agenda for me today? >> Not today. Thank you. >> All right. Thank you all for coming today. I appreciate it.
>> That concludes today's hearing.