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 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 today. 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 relevant evidence, I will issue an order. The order will be reduced to writing and you 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. Anyone who's going to present any evidence to me or speak at
all today, please rise and be sworn. Swear the testimony we're about to give today is going to be the truth, the whole truth, and nothing but the truth. >> Was that an audible yes? >> I do. >> Okay. Thank you. >> All right. The first matter on the agenda today is C25-67
for the property located at 14210 North Beayshore Drive. Is the city ready to proceed? >> We are. Go ahead, Mr. Tras. City would call Holden Pinker as its witness. Holden, if you could state your uh occupation here at the city and your job responsibilities.
>> Uh I am the building compliance supervisor and one of my duties is to issue um code violations. >> Are you familiar with this property located at 14210 North Bayore Drive here in Madier Beach?
>> Yes. >> Okay. Is this case coming uh forward as a complaintbased case or was this proactive enforcement? This was a proactive case. >> Okay. Who's the owner of this property and how do you know that? >> Uh David Brown based on the Penelis
County property appraiser. >> Okay. I'd like you to uh go to page starting at page three of the packet and ending on page I guess it's page seven.
How about page eight? Um, pages 3 through eight. Is this the printout from the Penllis County Property Appraisers Office showing that the property is owned by David Brown and Ronnie Brown? >> Correct. All right. Um,
when was the first activity with this particular property? When did someone go out and inspect to determine whether there was a violation? >> The first inspection was on May 30th of 2025. And what was found during that
inspection? >> Uh the roof um one of the metal uh panels was hanging off the roof. >> Any other violations of the property at that time? >> No. >> Okay. Did the city issue a courtesy
notice of code violation? >> Yes. >> And on what date was that issued? >> The same day, May 30th of 2025. >> How was this sent to the property owner? The courtesy notice was mailed regular mail. >> And in the uh courtesy notice, does it
provide what the actual code violation was and how to remedy that code violation? >> Uh yes. >> And what was the code violation? >> Section 1469, same maintenance of the exterior of premises, specifically uh
section three, overhanging or overhead objects that are loose. Okay. And in that uh letter, did you ask for the property owner to bring it into compliance by a certain date? >> Yes. >> What date was that? >> The compliance date for the courtesy
letter was June 13th of 2025. >> Did the property come into compliance on that time frame? >> No. >> When you sent the courtesy notice of code violation, did you attach to it photographs of the property? >> Yes. >> Okay. Could you turn to those photographs?
All right. Looks to be one photograph on page 11 of the packet. Can you explain what this photograph depicts? Uh, this is a photograph of one of the metal roof panels uh, hanging off the building.
>> Okay. And that photograph was attached to the courtesy notice. Correct. >> Correct. >> All right. Since the property didn't come into compliance within that time frame, did the city issue a notice of code violation? >> Yes. When was that done? >> Uh June 20th of 2025.
>> And did it provide for the same code section violations and the same remedy? >> Yes. >> Um how was that letter sent to the property owners? >> That was mailed with certified mail. >> Can you come a little bit closer to the microphone? >> That was mailed with certified mail.
>> Okay. And did it did it provide for a compliance date as well? >> Yes. >> What was that date? The compliance date was July 4th of 2025. >> Did it come into compliance by that date? >> No. >> Did you also include the same photograph
um with the code violation notice as you did with the courtesy notice? >> Yes. >> Okay. And is that what is depicted on pages uh 12 through 14 of the packet? >> Correct. >> What does page 15 reflect in the packet?
15 is a copy of the certified mail that was sent. >> Did the city receive back the um regular mail or the certified mail? >> Not that I'm aware of. No. >> Okay. Um is the property in compliance as of today? >> No. Not that I'm aware of.
>> Okay. So, did the city issue a notice of hearing for today's hearing to uh prosecute this case as a code violation? >> Yes. >> And and is that reflected on page 16 of the packet? >> Yes. Did the city also issue a statement of
violation and request for hearing? And is that reflected on page 18 and 19 of the packet? >> Correct. >> All right. Let's turn to page 20 of the packet, the affidavit of service. Can you explain to the special magistrate what this uh affidavit of service uh
provides? What information it provides? This um notices that the notice of hearing was sent, regular mail, certified mail, that the property was posted and the notice was also posted here at city hall.
>> And did you take photographs of those postings? >> Yes. >> And are those reflected on pages uh 22 and 23? >> Correct. All right. I'd like you to turn to page 22. Up in the upper right hand corner of
the photograph, it has an address of 14201 North Beayshore Drive, which is not the address of this property. Can you tell me why 14201 is shown on the photograph versus 14210 which is the actual property address?
The the timestamp software that we use for taking our pictures. I'm not sure what address it was using there, but you can see the the correct address is what's photographed. So even though it reflects that 14201,
this is actually 14210. Correct. >> Correct. And is that shown on the end of the building in green where your arrow is? 14210. Correct. Okay. All right. Thank you. Um, if the uh special master finds this
property to be in violation, what do you think is a reasonable period of time to bring the property into compliance? 30 days. Okay. And if it's not in compliance within that time frame, what do you believe is the appropriate dollar amount of penalty or fine for every day
the property remains in non-compliance after those 30 days? >> It would be 250 per day. >> And what is the reason that you've determined it should be $250 per day? >> The overhanging object is a life and health safety concern.
>> Okay. All right. Thank you. Um, at this point, I have no other questions of Mr. Pinker. I would tender into evidence pages 3 through 23 of the agenda packet. Ask that they be received. >> All right. I'll go ahead and accept into evidence pages 3 through 23 of the
agenda packet as exhibit number one. Mr. Pinker, I just want to make sure what is the corrective action the city is seeking for this violation >> to have that section removed and repaired. >> All right. So to apply for the appropriate building permit to have that
what's depicted in the picture or pictures here uh removed, repaired, replaced, whatever is required to be done. >> Correct. >> Okay. Thank you. All right. Are are there any members are the are the owners here? Anybody on behalf of the owners
here? All right. Come on forward, sir. >> And first once you get to the podium, give me your name, please. >> David Brown. All right, Mr. Brown, in just a couple minutes, I'm going to give you an opportunity to tell me anything you want to tell me, show me any documents, call any other witnesses.
However, this is your opportunity to ask questions or cross-examine Mr. Pinker. So, do you have any questions for Mr. Pinker about his testimony that he just gave? >> No, no objections. >> Okay, then just sit tight. Let me see if the city's going to call anybody else. Mr. Tras, any other witnesses? >> No other witnesses on this case. Thank
you. >> All right, Mr. Brown, what would you like to tell me about this violation? only that um we do have a permit application in process as of yesterday. So we intend to complete this as quickly as possible. >> Uh anything else? >> No.
>> Mr. Tras, any questions of this witness? >> Few questions. Is the Is the property occupied? >> No. >> Okay. Is it a rental property or is it your home? >> It's our it's what we have a homestead exemption on currently and we keep the property tax up to date and the insurance. >> So you didn't answer my question.
>> Oh. So, is it a rental or is it your home? >> It's our home. >> Okay. Um, and how long has the roof been in that condition? >> As I noted, well, actually since Milton >> over a year ago. >> Yes. >> What attempts have you made to bring the property into compliance in the past
year? >> Well, we were trying to manage this ourselves and that's what the problem is. It's just more that it's been a task that I really shouldn't have done that way, but we we're hoping to resolve it ourselves. >> All right. Do you have a contractor lined up to repair the roof?
>> Well, I got a permit thinking all we had to do is remove the damage, but I will get a contractor. >> Okay. Uh, we're suggesting 30 days to get the property into compliance. Is that the time period that you think you can get this done? >> I I don't really have any understanding
of how backlogged the roofers are, but if it's I mean, if we have a contract open, doesn't that resolve the issue? >> No, it needs to be replaced and repaired. >> Well, I have to let Mr. thinker. No, then if um yeah, if we are having problems with that. Okay. >> All right. I have no other questions.
Thank you. >> Um my other question though is I mean the city did a mass assessment and considered this be above the FEMA limit. So it has to be brought into compliance either by raising or destruction and rebuild. Do we have to have the roof replaced still or just the hazard removed? >> Well, the corrective action as I
understand it, Mr. around is that you need to pull the appropriate permit then have it either repaired or replaced whatever the you know requirements would be for that roof. Okay. Yeah. And and again I don't know the extent of the damage. I'm certainly not a roofing contractor.
>> What I would encourage you to do is work very closely with the city. uh once you hire a contractor or if you attempt to do the work yourself and you apply for a permit, just work with the city so that once you do whatever the city requires you to do, which is repair or replace the damage that's been depicted here at
the hearing, then they will issue a certificate of compliance. So, you'll need to again work closely with the city to make sure that whatever action you're taking is the appropriate corrective action because that's what's been stated on the record here. >> Very well, St. >> All right. Uh go ahead and have a seat,
sir. Are there any members of the public that would like to provide comment in regard to C25-67 for the property located at 14210 North Beayshore Drive? Okay, seeing none, we'll close public comment. Mr. Trash, anything else? city would ask that you find a violation of
the cited code section, order the property be brought into compliance within 30 days, and if it's not in compliance by that uh within 30 days to apply a $250 a day fine for every day the property remains in non-compliance. All right. Thank you, Mr. Tras. Okay.
Based upon the testimony that's been presented today and the admissions by the respondent, I'll go ahead and find the property is in violation is set forth in the notice. We'll give the property owner 30 days to bring the property into compliance. Thereafter, there'll be a $250 day fine. U Mr. Brown, as you first of all, you're
welcome to stay and hang back if you have any more questions for Mr. Pinker. I'm sure he'll be around after this public hearing. You can ask him any questions. Also, two things. Make sure number one, when you do the work, you contact the city, let them know the work's been completed so they can come out, do their final reinspection, and go ahead and provide an affidavit of
compliance. Number two, if for whatever reason you need more time, your roofing contractor needs more time. If you sign a contract with a roofing roofing contractor and they just can't get to it because of other work, please let the city know that. You can come back before me any month and ask for more time. As
long as you're making progress toward trying to get this resolved, usually I'll grant an extension of time so that that fine does not begin to run. But you've got 30 days to get this thing brought into compliance as it sits here today. Okay. All right. All right. Let's go on to the next case. CE25-86
for the property located at 13343 Gulf Boulevard. Is the city ready to proceed? >> We are. >> Go ahead, Mr. Tras. >> I would call Mr. Pinker again. Um Holden, if you could again state your occupation, your job responsibilities here at the city of Madira Beach.
>> Holden Pinkard, uh supervisor of building compliance and one of my duties is to issue building code violations. >> This property located at 13343 Gulf Boulevard. Are you familiar with it? >> Yes. >> Okay. Is this case uh brought forward as
a complaintdriven case or is this a proactive case? >> This was a proactive case. >> Okay. And um this property located at 13343 Gulf Boulevard is owned by whom?
>> The Wave Resort Homeowners Association. >> Okay. And how do you know that? >> The Panelis County Property Appraiser. If you could turn to page 24, starting at page 24 of the packet. Is this the printout from the Penllis County Property Appraisers Office that you use to determine the ownership of the
property? >> Yes. >> Okay. Um, and what was the actual code violation that was found on the property? >> The fence is non-existent right now. They have uh like an orange temporary
fence, but specifically section 110-447 and section 34-521, which is the minimum life and safety requirements for a swimming pool. >> Okay. So, these are um code sections
that require a fence around a pool in layman's term. >> Correct. >> Okay. And um when you found the violation to exist, did you issue a courtesy notice of code violation to the owner of the property? >> Yes. >> And when did you do that?
>> That was done on June 11th of 2025. >> Is is that reflected in the document starting at page 28 of the agenda package? >> Yes. >> Okay. And when you issued the courtesy notice of code violation, how did you send that? The courtesy notice was sent
with regular mail. >> When you sent the uh courtesy notice, did you attach to it a photograph of the violation? >> Yes. >> All right. Now, you've got a picture up on the screen here. I'm going to refer you to page 30 of the packet. What What
does this picture depict? >> This is a street view photo from Google Earth. uh showing the the front area of the fence there gone. >> Okay. So, it has fence around three sides. It's just missing the front portion of the fence. Correct.
>> Correct. >> All right. Uh when this letter was sent to the property owner, um did you provide a compliance date in that letter? >> Yes. The compliance date was June 25th
of 2025. Did you get a response from the property owner after this letter was sent? >> Not to my knowledge. No. Okay. Did the city um Well, let's turn to page 31 of the packet. This is another photograph. I just want to make
sure that we have that in the agenda um into evidence. This is a different photograph than the one on page 30. What does this one reflect? This is a photo taken from Gulf Boulevard showing the uh temporary um
construction fence that was installed. >> Is this fence acceptable to meet the current code requirements? >> Okay. Did the city um inspect the property, determine whether it came into compliance after the original compliance date and the courtesy notice?
>> Yes, we did. >> And what date was that done? That was done on June 26th of 2025. >> And did the city follow up with a certified notice of code violation? >> Yes. >> Is that reflected starting at page 32 of the packet? >> Correct. >> And did that site the same code sections
as the courtesy notice did? >> Yes, it did. >> Um, did the property come into compliance within the time frame listed in that letter? >> No. >> Is the property in compliance as of today? >> As of today, no. >> Okay. So, with the certified uh notice
of code violation, you attached the same two photographs to it. >> Correct. >> Okay. I'd like you to turn to page 36 of the agenda packet. What does this photograph depict? >> This is the notice of code violation that was returned.
>> Okay. Did the original uh the regular mail um come back to the city? >> That I'm I'm not sure. I don't believe so. So, is it your testimony today, the property is not in compliance as of today? Correct. >> Correct. >> Did you issue a notice of hearing for
today's hearing? >> Yes. >> And is that shown starting at page 37 of the agenda packet? >> Yes. >> And did that also site the same two code sections that you referred to in your prior testimony? >> Yes, it did. Um, did the city also issue a statement
of violation request for hearing? >> Yes. >> And is that depicted on starting at page 40 of the agenda packet? >> Correct. >> How did you send the notice of hearing and the statement of violation request for hearing to the property owner?
>> They were both sent regular mail and certified mail. The property was also posted and the notice was also posted here at city hall. And is that reflected in your affidavit of service starting at page 42 of the agenda packet? >> That's correct. Okay.
So, um if the special magistrate um was to find a violation of the cited code sections, what do you think would be a reasonable time for the property owner to bring the property into compliance? 30 days. Okay. Okay. And if the property
is not in compliance within that time frame, what do you think the appropriate dollar amount of fine should be for every day the property remains in non-compliance? >> It would be the $250 per day. >> Why is Why did you come to the determination it should be $250 a day?
>> The fencing issue is a life and health safety concern. >> Okay. Are there people living at this property address? >> I believe there are people living on the second level. um on part of that property, but I I don't think any of
those units are occupied? Not that I'm aware of. >> Okay. Has the property owner done anything to bring the property into compliance since the original courtesy notice was sent? In other words, any permits uh pulled, anything like that? The city did issue a temporary
construction fence permit that was issued uh in September, but that temporary construction fence has not been installed. Okay. Thank you. I have no other questions. Oh, I would tender into evidence uh
pages 24 through 45 the agenda packet as that they be received. All right, I'll go ahead and accept any evidence as exhibit number one, pages 24 through 45 of the agenda packet. As exhibit number one, uh, Mr. Pinker, just to be sure, that the compliance
requirement would be for the owner to essentially replace that, a 4ft high section of fence there that has been depicted in the photographs. and apply for whatever building permit
would be required to do that. Is that the corrective action? >> Correct. >> All right. And I just want to make sure I've got it right because when I was preparing for today, I looked at the code section and it may be an updated part of the code, but the the proper
site is the section 11047. Is that correct? >> I want to make sure. Maybe I have an old version of the code. I just want to make sure that's the correct version. >> I have a copy of it for you if you'd like that. >> No, as long as you're good, Mr. Tras, I'm good. So, okay. All right. Um, okay.
Is there anyone here on behalf of the Wave Resort Homeowners Association? All right. And first, ma'am, give me your name. >> Don Williams. >> All right. Miss Williams, what is your uh relationship with the entity?
>> I am a representative of the the Waves Homeowners Association as well as an owner of two of the units. >> All right, that's good enough for me. Okay, ma'am. Uh, this is your opportunity to ask Mr. Pinker any questions. As you saw in the hearing right before you, I'm going to give you an opportunity to tell me anything you
want to tell me, uh, show me any documents you want to show me, but do you have any questions for Mr. Pinker about his testimony? You have any cross-examination for him? >> Just a few. >> Go ahead. >> Um, Mr. Pinker, um, prior to today's meeting, I had an opportunity to speak to you. Is that correct?
>> Yes. Can you speak into the microphone so I can hear you? >> Yes. Thank you. >> I'm sorry. Can you hear me? No. Thank you. >> And Mr. Pinker. Um, what is the address that you have been sending all the notices to? >> The address on the property appraiser is the 13343 Gulf Boulevard.
>> And is that the standard form of uh business practice for code enforcement is to use that address or >> typically? Yes. >> And would it also be true and factual that I provided you with a different address
for the Wave Resort Homeowners Association president today? Today you gave me the updated mailing address. Yes. Yes. >> And that's um an address that was found on Sunbiz. Is that correct? >> Correct. >> And um but all of the correspondents has
been going to the actual building site itself. Correct. >> Correct. >> And in fact, in your exhibit, one of the certified mail certified mail letters actually was returned back to the city as not signed
for. Is that correct? >> Correct. >> Thank you. >> No further questions. >> City has no other witnesses. >> All right, Miss Williams, this is your opportunity to >> No, no, no. We're No, no, no. You're not
allowed to ask questions at this point. >> Do you need to take a break and talk with each other for a second? >> Yes. I I I just have a clarifying question on the code. You have to do what I heard is different than paper. >> All right. I don't know if you two know
each other or not. Do you need to take 30 seconds? >> Um, if I could just have a few minutes. >> Yeah, go ahead. Thank you, sir. >> Okay, Miss Williams, this is your opportunity to tell me anything you want to tell me, show me any documents you want to show me, call any witnesses that you want to call as part of your defense
of this case. So, what would you like to share with me today, >> your honor? Well, I'm sorry. I'm used to that when I >> sir. Um basically um my understanding is that there is a permit for a temporary construction fence that is um already
sought. My understanding is speaking to the president who's currently out of state that um that the construction fence will be up next week. My understanding also from the president, the current president of the HOA is that
he is working with a fencing company in order to replace the panels that are missing from the front of the pool. We have the materials. They're located on site. It's just finding someone to put them up. And um I know that there's been sufficient time, but we need a little
bit more time if possible. One of the other owners had I think a an excellent question um or a concern that we have also to make sure that we are in complete compliance. The um because it is primarily a rental um facility and
the existing three sides of the fence are a 4ft fence. And so we just want to make sure that we're going to be in compliance if we replace the missing portion and it would also match the other size which would be a 4ft fence. Okay. And that's probably ultimately a
question for Mr. Pinker that I would encourage you to hang out after the meeting and ask about. But maybe we can get an answer during the hearing. Let's see. Uh anything else you want to tell me right now? >> No, we're just asking for 30 days for compliance purposes. >> Okay. So the city's also asking for 30
days. So, you think you can get this work done in 30 days? >> I believe so. >> All right. And and again, Miss Williams, I'll tell you the same thing that I told the gentleman before you. Obviously, sounds like you've got the materials on site. You're heading in the right direction here. If for whatever reason you need more time, as long as you're diligently working toward getting
compliance, I'm usually pretty receptive for an extension, but it sounds like um if I understand you correct, the fence is not there. You got the materials on site and you want to replace it. Okay. Yes, sir. >> Mr. Tras, go ahead. >> No questions. >> All right. Um, Miss Williams, what happened to the
fence, by the way? >> I I assume it just went down with the with the water. Okay. We had a lot of water intrusion. >> Understand? Understood. Okay. Miss Williams, when I prepare my order, what is the address you would like me to send my order to? >> May I grab my phone?
>> Yes. and I'll also send it to the property address, but I I want to make sure you guys get a copy of my order. >> It is 8068 33rd Avenue North Street or perhaps
Avenue N Street. Okay, >> sorry. This This is why we probably shouldn't text. Avenue N, St. Petersburg, Florida 33710. >> Okay. >> I just showed up for vacation and I saw this. So, you know,
>> you're you're doing yman's duty to come represent the association here. Okay. Uh, thank you, Miss Williams. >> Okay. Are there any members of the public that are have knowledge of this code enforcement proceeding that would like to come forward? Okay, seeing none, we'll close public
comment. Mr. TR, anything else? Uh the city would just ask that the special mist find the violations of the two-sided code sections of the city code ordered the property be brought into compliance within 30 days and if it's not in compliance by 30 days, that a $250 a day fine be issued for every day
the property remains in non-compliance. All right. based upon the testimony that has been provided the admissions of the respondent go ahead and find the property is in violation of the stated code section uh based upon the admissions of the respondent that they can get this work done within 30 days
I'll find that is a reasonable time for compliance also I although there were questions about the notice I do find that there was sufficient notice since not only one but two different uh individuals showed up from the uh showed
up on behalf of the association ation here today. So, we'll go ahead and find there was proper notice. So, we'll do $250 day fine, 30 days for compliance, find there is uh a violation of the stated code section. Miss Williams, again, if you want to just hang out, we've got one more matter to go then and I'm sure Mr. Pinker will be here
afterwards, you can talk with him. So, thank you for coming today, but just uh if you want to hang out, you don't have to, but hang out because you'll have a captured audience here for him if you want. All right, we ready to go on to the next one, Mr. Tras? >> We are. >> Let's go for it. >> Okay. The city again would call Mr. Pinker as its witness. Holden, if you
could state your occupation, your job responsibilities here at the city. >> And hold on real quick just so for members of the public, members of the audience, we're here on C25-87 for the property located at 160140 Avenue East. Go ahead, Mr. Pinker.
>> Uh, building compliance supervisor and one of my duties is to issue building code violations. >> You familiar with this property located at 160 140th Avenue East here in Mader Beach? >> Yes. Is this case coming to the code enforcement special magistrate as a
proactive case or was it a complaint driven case? >> This was a proactive case. >> All right. Who owns this property? >> Uh Ryan Dyer and Heather Mard. >> And how do you know that? >> The Penllis County Property Appraiser.
>> If you could turn to page 46 of the packet. Is this a copy of the Penllis County property appraiser website printout that you did for this case? >> It is. >> And it does it does reflect those two names as the owner of the property. >> Correct.
>> Okay. When was the inspection done of this property determined that there was a violation that existed? >> Uh the same day as the courtesy letter, June 16th of 2025. >> And what was the violation that was cited? >> Section 86-52.
uh when required uh which states that whether the when the cost of repair modification does not exceed $500, uh a permit is required. Um and the this it was the framing
or storage area that was built uh at grade. All right. So, you've um pulled up some photographs on the screen. And if you could turn to page 51 of the packet um and tell us what each one of these photos reflect or depict.
The first photograph on page 51 is the framing in the garage area of the storage area being built. And the second photograph uh the more framing is complete and some of the walls are starting to go up with the doorway. Okay. Were these two
photographs that were attached that courtesy notice of violation when it was sent? >> Yes. >> Okay. Was there a date certain given to the property owner to bring the property into compliance? >> Yes. That date was June 30th of 2025. >> Did they bring the property into compliance by that date?
>> No. >> Did you issue a notice of code violation? >> Yes. >> And what date did you do that? The notice of code violation was sent, excuse me, uh, July 8th of 2025.
>> And how was that sent? >> The notice of code violation was sent certified mail. >> Okay. Did the city uh receive that certified mailing back? >> Uh, yes. That is page 56 of the packet
>> and that's showing a the green card receipt showing the certified mail was actually received. Correct. >> Correct. >> All right. When you sent the uh certified notice of code violation, did you attach to it the photographs that you had shown previously in the courtesy
notice? >> Yes, >> it was the same two photographs. >> Correct. >> Okay. Is the property in compliance as of today? >> As of today, no. Okay. >> Did the city issue a notice of hearing for today's hearing? >> Yes. >> Is that reflected on page 57 of the
agenda packet? >> Yes, it is. >> And um did you also did the city also prepare a statement of violation request for hearing as reflected on page starting at 59 in the packet? >> Yes. How were these two documents sent to the
property owner? >> They were sent regular mail, certified mail. The property was posted and city hall was also posted with the notice of hearing >> and um you documented that by the issuance of an affidavit of service.
Correct. >> Correct. >> And is that reflected starting at page 61 of the agenda packet? >> Yes. Can you explain or um first of all turn to the the last two pages which are 63 and 64 the packet and explain to the special maserate what these photographs
depict. Page 63 is a photograph of the notice of hearing posted at the property and page 64 is the notice of hearing posted here at city hall. If you could go back to uh
page 63 and go to the top of the photograph. I have the same question relative to the address showing is 100-198 148th Avenue 40th Avenue East. That's not the actual address of this
property, is it? That is not the address. Um the timestamp software that we use, I'm not sure why it's pulling uh an odd address, but you can see from the photograph that it's taken at 160 140th and that's reflected on the address
attached to the building. Correct. >> Correct. >> Right. So, what does the property owner need to do to bring this property into compliance? the property owner either needs to have that area of work permitted or have it removed.
Okay. >> How much time do you think it uh would be a reasonable period of time to bring the property into compliance? >> 30 days. >> And if it's not in compliance within that 30 days, what do you think the appropriate dollar amount of fine would be for the each day the property remain in violation of the cited code section?
>> Uh $100 per day. And how did you come to the determination that it should be $100 per day? >> Uh because this is not a life and health safety concern. >> Okay. Have you had any contact with the property owner at all on this property?
Uh I have. There is a permit application in now to permit that area. Um comments were just sent to the owner to respond to. We need sign and seal drawings for that area and we're hoping that he's responsive and we'll get that to us
within the next 30 days. So, when was the permit application received by the city? Uh, looks like it was created in our system October 3rd. And the comments back to the property owner were made on yesterday.
>> Okay. All right. Thank you. I have no further questions. I would uh tender into evidence uh the agenda packet pages starting at page 46 ending at page 64. Ask that they be received into evidence. All right. I'll go ahead and accept into
evidence as exhibit number one, pages 46- 64 of the agenda packet. And also I'll note um just so you guys can substitute it. This for whatever reason when I printed out
my agenda package I didn't get the photograph that looks like that. So if you can just substitute in as page 63 that photograph right there because I think that might that's important to have in the record the actual photograph of the posting on the property. So just be mindful of that when you guys get
this if you can just reprint page 63 and stick it into exhibit number one. >> Understood. >> All right. I think that was just a printer issue on my part, not a submission. So, okay. All right. Is there anyone here on behalf of the owner, Mr. Ryan Dyer or Heather Malard,
are you here? Anyone on behalf of the owner of the property at 160 140th Avenue East Madira Beach? Okay, seeing none, are there any members of the public who have knowledge about the code violation at 160 140th Avenue
East? Seeing none, we'll close public comment. Mr. Tri ask, anything else? City, we just ask that you find the property in violation of section 86-52, building permit required. asked that you ordered that the property be brought into compliance within 30 days and if
not in compliance within 30 days a $100 a day fine for every day the property remains in violation of the cited code section. All right, Mr. Tras, if I heard Mr. Pinker's testimony correct, it's either obtain the building permit that they've already applied for or demolish that structure if they're unable to
obtain a permit. Is that correct? >> That's correct. Yes. >> All right. Okay. Uh based upon the testimony of Mr. Pinker and the other evidence submitted, I'll go ahead and find that there is a violation of the stated code provision. The corrective action will be either to obtain the building permit for that area of
construction or demolish that area. We will I will provide the owner's respondents 30 days to bring the property into compliance. Uh Mr. Pinker, is that sufficient time based upon your knowledge of the status of the building permit and the city's resources to
respond to that if the owners time they respond to get that done in 30 days? >> Yes. >> Okay, great. Uh, so I'll stick with 30 days for compliance and then $100 a day fine thereafter. All right, that concludes uh case number C25-87. Mr. Tras, is there anything else before me today?
>> Nothing else on the agenda today. Thank you. >> All right, that concludes today's hearing. Thank you all very much for coming.