e all right good afternoon everyone welcome to the city of madir 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 20 years I've 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 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 advised 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 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 here that wants to speak to me today on any of these matters please rise and be sworn
raise your right hand you sworn under oath anyone that's going to testify today you swear the testimony you're about to give is going to be the truth the whole truth and nothing but the truth yes thank you all right thank you everyone be seated U Mr TR it's my understanding that agenda item 5A which
is CE 25-13 uh that's being continued to the next hearing is that correct that's correct all right so the next item on the agenda is item 5B that is is c-24 d264 for the property located at
633 Normandy Road is the city R to proceed we are go ahead Mr TR okay thank you City would call Grace Mills as the city's witness Grace if you could State your occupation and your job responsibilities I'm code compliance officer to um I've been at the city for
about two years and I work with building violations um and permitting are you familiar with this property located at 633 Normandy Road I am okay and is this a case a proactive case or was this complaint driven this is proactive okay
and um was it a case that you were handling or was it somebody else in the city that made it proactive I personally handled okay this property is owned by whom and how do you know um John and Christy Simon if you turn to page 32 of
the packet it's first reflected on the property appraiser follow on 33 34 um starting on page 37 is going to be the tax collector which reflect the same okay when you went out to the
property what did you determine was the violation um there was interior renovation work going on without a permit okay did you issue a courtesy well first of all is that a violation of the city code yes okay and what code section would have been
violated um section 8652 of the city code which is when required it basically goes over when a permits required in the city okay when you went out to the property what did you see um show reflected on the photos um reflected on
page well let me start at 40 is the stop work order that was placed at the property 41 reflectant of new drywall um this just looks to be like a bathroom with some removal of the toilet and vanity
um outside machinery for the work kitchen which has new drywall on the bottom um followed up by another bedroom with drywall looks like the toilets are bathrooms are in there um this is another 46 is uh
bathroom without a toilet um new drywall and all these photos throughout the house kitchen again um so it was entire house drywall at least from what I could tell okay did you issue a courtesy
notice of violation in this case I did yes that's going to start on page 38 when you sent this courtesy notice of violation What day did you send it let me go back up to the main screen just so I can have it on the TVs for
everyone it would have been December 6th of 2024 in this courtesy notice of violation did you advise the property owner what code ction of the city code was being violated I did yes the letter mentioned 8652 and did you also uh list out the
violation details on any corrective action needed to be taken by the property owner I did yes it's reflected on page 39 and what did that include um the violation details were interior Demolition and interior remodel without the required building permits corrective action either the property owner and or
licensed contractor will need to apply for an obtain and after the fact building permit to comply if a permit cannot be obtained the structure or changes must be removed did you give the property owner uh some time to come into compliance I did December 20th was the follow-up date for this letter okay so about two weeks to
get the demolition uh to get the permit yes that's correct okay and when you sent the letter did you attach those photographs that you just went over I did yes okay so it would be clear anybody looking at these photographs they to understand what the violations were correct correct all right did the property owner come in and get a permit
as required under the courtesy notice they did not did you have any convers ations with the property owner after that first courtesy notice was issued I have not the stop work order was placed with workers there not the homeowner so I have not spoken to the homeowner okay did you then issue a notice of code
violation for this case yes December 19th of 2024 okay and did you cite the same property um the same code section rather for the property owner yes okay and did you also give additional time for the property owner to bring the property
into compliance yes I think it was two more weeks to December 2nd of this year or excuse me January 2nd of this year okay and did the property owner comply with that letter they did not so did that also attach the photographs that you just went over
earlier yes all the same photographs okay was the notice of code violation sent by regular maale and certified mail that's correct yes okay and did you receive the certified mail back um for that property we have not yet know
okay did you post the property I did yes okay we're going to get to that in a second but did you issue a statement of violation as the next step in the process to bring the case forward I did yes that was March 20th of this year and you cited the same code
section as before correct and did you request a a hearing before the special magistrate in that statement of violation that's correct okay and is that referenced on Pages 66 through um 67 yes all
right did you get any response to that statement of violation that was sent we have not no all right and did you issue a notice of hearing for today's hearing that's correct yes and what page is that in the packet starts on 68 um to
69 once the notice of hearing well was the notice of hearing sent by regular male and certified maale correct was it also posted on the property correct okay when was it posted on the property it would have been March 20th 2025 okay and is that reflected in the Affidavit of
service on page 70 yes have you received the Green Card back for that we have not have you received any correspondence or telephone calls or emails from the property owner I have
not when you posted the property did you post it directly on the house itself get to the photo yes um reflected on page 74 okay and did you also post the notice at here at City Hall yes 75 um reflects
that all right so as of this point today is the property still in violation yes um how much time do you think is necessary to bring the property into compliance um I would say 60 days all right and should the property owner not
bring the property into liance within that 60-day period of time what are you asking for the daily fine um with unknown work that could have possibly been done with electrical um the city would see 250 a day for possible life and health safety violations of unknown
unpermitted work okay I don't have any other questions of Miss Mills at this time I I would tender into evidence the agenda packet Pages 32 through uh page 75 ask that they be
received into evidence all right I'll go ahead and receive into evidence is exhibit number one Pages 32 through 75 of the exhibit packet all right uh are Mr Mrs Simon present today or anybody on their behalf all right come forward
please yep come on up and what is your name I'm Jeff Norris all right and Mr Norris what is your relationship to the property or the owners I'm a general contractor that's working across the street and knows John Christy Simon they
asked me to basically ask for the afterw work permit and get the house completed all right so is it fair to say Sir you're going to be serving as a general contractor to help them with this code enforcement proceeding correct yes all
right um Mr Norris you have the opportunity I'm treat you as a representative today you have the opportunity to cross-examine or ask Miss Mills questions in a few minutes I'm going to give you a chance to ask anything else you want or present anything else you want to me but do you have any questions for M
Mills you know I just I just found out about this over the weekend and I saw the pictures and um I know what he said he was doing was minimal work that he took the toilet out put the toilet back in I think he either put the drywall or
the flooring or something down there so um I mean I can sign the affidavit to say that it was done correctly we've got I think he's got pictures of before and um all right well you just want to
basically get the after workor permit sure and like I said I'm going to go ahead and give you the opportunity to tell me all this but are there any questions you have from as Mills based on what she testified to I don't think so I see her all the time driving up and down the streets fair enough all right uh does the city have any other Witnesses no other Witnesses thank you
all right U Mr this is the opportunity for the hearing for you to tell me anything you want to tell me show me any documents call any Witnesses or anything like that is there anything You' like to tell me show me or any Witnesses you like to call no sir I just want to for on his behalf get this thing taken care
of and I can act as the GC for it all right Mr tras any questions just a few questions sir how long do you think it's going to take to pull the building permit to get this done to pull the B the permit that's up to Sam I mean I can apply for it
today but I don't know how long it's going to take for them to turn it around okay so you have everything that you need to apply for the permit today is that what you're saying M yes okay and so the city's recommendation of 60 days do you think that's sufficient enough
time to obtain the permit I would hope so I mean you the the city doesn't give me a date so it's hard for me to give a date that somebody else has to provide to me okay few other questions sir have you had the opportunity to walk through the
house I have not in the last three or four or five months not since before the since not since after the hurricane have you been in the house since the drywall was replaced I have not okay when you went into the house
was it still in its damaged condition the so on that house we added a bathroom about a year ago on that house that that's when I was at the house okay so you didn't see the storm damaged into the house correct okay and you haven't
seen the inside of the house determine you know what exactly has been done inside the house correct correct have you talked to the property owner to see what what did he tell you who did inside the house he said basically the what she has is the pictures that they did some of the drywall and like said they did
some I think uh replaced tile or vinyl or whatever flooring in the bathroom and put the took the toilet out put the toilet back again did they do that personally or did they have a contractor do that he said we did it so talking about himself so I don't know if it was a
contractor or um somebody he hired directly or personally or however he did it so you don't know the answer to that question there correct okay um but the property owner did admit that
there was a violation and the permit was necessary necessary correct I guess yeah I okay I don't know the extent of the how much of the drywall repair was needed and things like that so gotcha okay thank you may no other questions for you sir
appreciate it all right uh Mr Norris anything else you'd like to share with me no you just let me know if that's what we can do is to apply for the after the fact permit all right uh thank you sir you can go ahead and have a seat are there any members of the public who have
direct knowledge as to this code violation and would like to come forth and be heard okay seeing none we'll go ahead and close public comment Mr tras anything else the city would just ask that you uh provide the property own find the violation of the
cited code section give the property owner 60 days to come into compliance should the property owner not come into compliance within at 60 days the city is asking that you ass sign a $250 a day um fine because the life safety issues not knowing you know what was closed in
behind the drywall the electrical work any of the plumbing work we don't really know at this point so we're asking for the $250 a day fine all right uh thank you Mr Ras based upon the evidence provided to me and the photographs that were shown to me I do
find there is a violation of section 86-52 I'm going to go ahead and give the respondent 60 days to come into compliance Mr Norris if for whatever reason they you run into an issue there please share with the owners that they can come back before me and ask for an
extension of time if there's some issue with building permit getting held up then they can always come back before me however uh there will be a $250 a day fine therea it's always concerning to me when there's potentially electrical work done or some other work that may create
a fire hazard that isn't permitted so uh 60 days for compliance $250 a day fine thereafter and best of luck to you sir thank you okay the next case that we will go to is ce24 d106 for the property
located at 440th Avenue East is the city ready to proceed uh yes we are go ahead Mr TR again the city would call Grace Mills as its witness uh Grace then if you could go ahead and explain again what your occupation and your job responsibilities
here at the city of Madera Beach I am the co- compliance officer too for the city um I deal with building violations um and building permits as well and I've been here for about two years okay thank you um are you familiar with this property located at 401 140th Avenue
East yes is this a proactive case or complaint driven proactive okay and is this one of the cases that you were that you found the violation or was it someone else within the city I personally okay and when was the first day that you went out to this particular
property um would have been February 25th for this violation um this violation was restarted so it would have been back in probably December of 2024 maybe November yeah okay and when you say this case was
restarted what can you give us a little bit more information on that this case was started after the storm um I believe it might have been the first first or second hurricane one of them um where was Heavy structure damage so this was one of the ones that was immediately um
started for the actual structure um so the ordinance that was stated on it um was changed to reflect each individual ordinance that was actually cited in it so it had to be restarted to bring to the magistrate okay is is this property
currently being occupied no okay who's the owner of the property Nancy um slinsky what was that I'm sorry slinsky s slinsky okay and how do you know that
um starting on let's see let me just do it off this one it'll be started on page 76 is reflected on the property appraiser 76 through 78 and then 79 reflects the tax collector as
well okay and it it lists the uh property address is 404th Avenue East that's correct okay now um when you went out to the property did you take photographs of the property yes okay and
could you go over those photographs starting on page um 84 of the packet 84 is um the front of the house just reflecting that there was an unfit for human occupancy posted um just for the state of the house okay let's back up
for a second there sure so you're referring to that placard that's duct taped to the wall that's correct the red one yes okay and can you explain first of all what the rest of this picture um depicts the rest of the picture um
there's a side door there's also depicts the rest of the house um it's kind of hard from that photo to show the damage okay is there any damage shown in that particular photo I believe prior to storm State there may have been
some kind of outdoor wall that is no longer there so is that under the placard is that what you're referring to yes okay yes all right if you could go to the next photograph then um the next photograph is just a different angle of that shot instead of head-on it's
sideways um this was most likely a covered area um closed in at one point and the storm had obviously created some damage there okay okay and the next photograph on page 86 86 is just another um photo
getting a little bit of the exterior from the front as well is that the windows from the wall that had been it would appear so okay the windows are on the ground yes and what is this other stuff that's around the building on the ground um I think it
may have just been internal or external contents or from other properties um some of it also appears to be part of the building as well these photographs depict a date of October 2nd 2024 would that have been the date that you would have been on the property that would have been the
original date yes so in October okay all right after you went out to the property in October and you said you started a case but let's talk about this particular case that we're talking about today sure um did you issue a courtesy notice of
violation to the property owner yes that was dated February 25th of this year okay and that's on page 8 one of the packet correct what code sections did you cite the property owner as being in violation of it was two major sections 1469 and 1470 would you like me to go
over each pleas okay 1469 for maintenance of the exterior premises um garbage trash refu debris accumulation of Filth broken glass junk scrap metal scrap lumber wastepaper products discarded building building materials and operative Machinery Machinery parts
and similar material should not be stored on or maintained on property um and then 1470 is again same general maintenance um and it was cited for two the floors interior walls and ceilings six was support and structural members
are to be kept structurally sound seven walls and ceilings should be in good repair um 11 the foundation and walls should be maintained structurally sound free from defects when you issued this code uh this courtesy notice did you list a violation detail and the corrective
action that needed to be taken yes again what were those the violation was um building on property in need of repair removal due to damages the corrective action would be for either the property owner or licensed contractor can apply and obtain all required building permits to bring the violations into compliance
if the permits cannot be obtained the structure must be removed with a follow-up date of March 11th 2025 okay did the property owner bring the property into compliance by March 11th no when you sent this C see notice did you attach the photographs that you just
went through earlier I did yes okay did you ultimately issue a notice of violation for this property then yes on March 11th of this year okay and did you cite the same code sections as the courtesy notice yes okay did you also give some additional time for the property owner to bring the property
into compliance yes March 18th 2025 was it in compliance as of that date no okay when you sent this notice of code violation did you send it by regular mail and certified mail that's correct okay did you receive the Green Card back on this one I believe we did I believe I
gave it to you prior to the meeting okay there is a green card that you provided to me that um is dated uh March 24th I assume that's as a direct result of theod notice of code violation yes okay we'll submit that into evidence too
did you also issue a statement of violation for this property and ask for a hearing to be set I did okay and did you send that by regular and certified mail as well correct did you issue a notice of hearing for today yes okay is that on page 95 of the packet
yes is the property in uh still in violation of the city code um as of today yes okay and lastly did you issue an Affidavit of service reflecting that you sent um the notice of hearing by certified mail and by regular mail and
by posting at the property and by City Hall yes and that's starting on page 100 of the packet okay and did you take photographs of the posting of the property I did yes it's going to be on page 104 it's the same shot of the first photo I discussed
earlier um just the red tape to the property and did you also take a photograph of the posting at here at City Hall I did that's page 105 all right let's back up to um the photograph on p on uh item number 105 page 104 is
this the way the property looks today um that was as of the 20th of this month that's how the property appeared okay so 11 days ago was was it still in the same shape that it was back in October yes okay there was no cleanup or any work
done on the property there may have been large debris that was removed there's it still requires clean up at the property okay all right thank you those are other questions I have well one other question I noticed that the addresses of the
notices were going to an address that is different than the address that is listed by tax collector and property appraiser why is that um during the last hearing the this property was set for last month and it was postponed due to ordinance being changed um in the violation and the property owner came to
me personally and let me know that she wasn't staying at the property obviously um so to for uh send her mail to the address listed so I just updated it and her profile and that's where we were sending mail okay so she gave me the address of 8662 117th Street North in
the city of seol yes okay all right I would tender into evidence um Pages 76 through 105 of the packet in addition to that also tender into evidence the green card that was returned all right Mr TR we go ahead and accept into evidence is exhibit number
one Pages 76 through 105 of the exhibit package and EXC me of the agenda packet and as exhibit number two will be the it appears to be the signed Green Card return receipt for the certified mail
thank you all right anything else of this witness Mr tras no sir all right Miss zapinski Z zapinsky I take it that's you ma'am that's come on forward all right all right as you saw in the hearing right before you this is your opportunity to ask Miss Mills questions
to conduct cross-examination now hold on you don't have to no I just have one question okay go ahead and ask her um had I have I submitted the permit and everything for the demolition because the house is gone and there's no way of saving it so everything is ready to go
and then I was getting everything submitted to my insurance company and I was getting a demo crew out there and all of a sudden I get this email saying I need an erosion plan now so I don't know what an erosion plan is I somebody could have sent me a sample of an
erosion plan anything so I can get this house done with okay I do see where you submitted the permit on the 20th so 11 days ago for the demolition mhm um and we do need an erosion plan typically are
a contractor would be involved are you using a contractor I was going to but I was told that I according to the email I don't have my demo okay the permit hasn't been issued because we still need some outstanding information but all I was told I didn't
I wasn't told that that's the my that's my point is you have to tell me I need this outstanding information it was sent via the portal where you applied for on the 20th just the erosion plan but you don't ex you didn't explain the erosion
plan well let's do this ma'am it sounds like you're heading down the process to I just want it gone why don't we do this I would encourage you to sit here we're going to be able to get through these other items on the agenda uh stay here and then when the meeting's over you can talk with Miss Mills and if there's
somebody else within the city she needs to direct you to she can do that okay okay so if you have some time U you know just stay here when we're done with your case and wait till the end that way you can talk to Miss Mills directly okay okay all right um ma'am is there any other questions though you have specifically that you'd like to ask
based on just her testimony just one other thing when you talk about the debris on my yard people have been dumping there that is not my debr debris out there most of it is not my debris people just there's more dumped again today there's three sinks on my property
I don't my sinks are in the house yeah all right and a ma'am I'm going to give you a chance to tell me whatever you want to tell me in just a moment so just uh sit tight Mr tras are there any other Witnesses the city would like to call based upon the cross- examination no other Witnesses thank you all right all
right ma'am this is your opportunity in the hearing to tell me anything you want to tell me like you've been doing is there anything else you want to share any other Witnesses you want to call any other documents or photographs you want to show me no it it the house is a complete loss I just need it gone and I
just need that permit so I can it can go all right that's all I need thank you Mr tras any questions just a few questions ma'am sure so you don't dispute that the home needs to be demolished okay and that the code violation cited um you you
agree that the property is in violation of those code sections I agree okay my only comment on that is I got my first code violation seven days after the storm which I just found was very unconscionable that you would submit a a code violation two days after I was
allowed onto the property that just wasn't right I understand I appreciate that fact um so have you already contacted a demolition company I have one that I'm going to contact I just I wanted the to see how the permit process went first
okay so you have not contacted demolition no I have somebody that I'm going to contact except the permit was withdrawn I got told it was all approved and then it was withdrawn and what's the name of that demolition company I don't have it on me right now I'm sorry okay so you have do you have any idea what it's going to cost to have the
demolition about under 10 grand so and do you have the financial wherewithal to pay for that or is insurance pay for I finally insurance will reimburse me okay I finally received my FEMA insurance money two weeks ago which is why I can finally I have to I have to pay the
money to have it demolished and then the insurance will reimburse me and I finally received my insurance money for the contents and the building itself and now I have to wait for the other money money to come but I have I can use that money and I don't mean to Pride but I'm just trying to figure out how much time
that you would need to bring the property into compliance so if as soon as I get the permit I'm going to hire the company that's what I'm looking for that's all that's all I want is the permit and the house is gone I emptied whatever I needed to I just need that permit and then I'm done okay all right
thank you I have no other questions I do have two rebuttal questions for Miss Mills I was hoping you were going to ask cuz I was going to ask next okay ma'am um that's all we need to go ahead and have a seat like I said I encourage you to wait here till after the hearing and talk to Miss Mills or other members of
the city okay go ahead Mr TR so um M Mills can you tell us um what you think a reasonable period of time to bring the property into compliance would be uh the city would see 30 days as long as we have the information that was requested it's generally a fast process okay and
if the property is not brought into compliance within 30 days what is the recommended daily fine for life and health safety of the state of the property the city would see 250 a day okay can you explain uh to the special magistrate what the city is doing relative to the permitting fees for
something like this demolition permit sure if you were a homeowner prior to I believe it September 25th or 26th whenever the first hurricane hit um and you are pulling a permit to repair something directly affected by the hurricane um all permit fees are waved
if it was a owner after the storm that's different but um permit fees would be issued then but if you're an original owner um permitting trying to permit something that was damaged by the hurricane the hurricane fees are waved okay so there's no Financial outlay to
get the permit it's just a matter of complying with the permit application requirements correct correct we're just missing some information okay all right I have no other questions thank you all right thank you Mr tras uh anything else Mr tras uh we would just ask that you
give the property owner the 30 days to come into compliance or assess a $250 a day fine for the violation set forth in the notice of violation understood all right I'm going to go ahead and find the property is in violation of the two code Provisions cited based upon the
testimony U provided the photographs and also the respondents uh statements on the record maam I'm going to go ahead and give you 30 days for compliance like I told the previous gentleman if we get 30 days from now and there's a with your
contractor there's something going on but you have the building permit please come back in and talk to the city and come back before me I'm here the I think it's the first the third Monday of the month usually we had to change it slightly this time but I'm always here every month please come back before me and tell me you have a problem because I
am going to go ahead and determine a $250 day $250 per day fine because that's an incentive to get everything cleaned up and get it done so then hopefully nobody will be dumping on your property because who knows what people think when they see the property the way it is right now but again I'm going to
reserve jurisdiction so if you have a problem or you have an issue then please come back before me the goal of the city is to make sure the home is demolished properly with the proper permits and whatever plans are required to do that so again sit tight I'm going to move on to the next case but we're going to be able to get through this agenda and then
you'll have an opportunity to talk to the city and ask any questions that you want to ask all right uh let's go ahead and move on to item D on the agenda which is CE 24233 for the property located at 703
Sunset Cove is a city ready to proceed we are go ahead M TR call Grace Mills again Grace if you could State your occupation job responsibilities here at the city of Madera Beach code compliance officer to I deal with unpermitted work and building permits of the
city this particular property at 703 Sunset Cove is this a result of a complaint or is this a proactive case it's proactive okay and were you the person that found the violation on the property correct okay who is the
property owned by um Kent Baker and Deborah juli okay and how do you know that if you start on page 106 that's the property appraiser reflecting such um all the way down to 109 and then
110 reflects the uh tax collector I'm sorry okay when was the first day that you went out to the property to determine that there was a violation of the city code it would have been November 12th 2024 okay when you went to the property
on that date what did you find um there were AC contractors um doing an equal change out and the equal change out was in the front yard okay you're showing a photograph that's listed on page 114 of the packet
can you uh tell us what is in this Photograph sure it's um facing the front of the property and there's two contractor trucks um there's also two brown garbage cans behind that is the main focus of the photo that is a condenser unit that's been
removed okay so property that's the old condenser unit that was taken out of the house correct okay um when you saw this happening did you talk to the contractor there that was on site uh they did not with the air conditioning units we give
24 hours for emergency repairs to put in a permit and at that point it had not been put in okay is is that standard policy or procedure here at the city that even if they don't pull a permit as long as they do it within 24 hours then that's acceptable yes okay so um did you
issue a courtesy notice of violation yes okay and what did you site the property owners with it was for 8652 one required just saying that it needed a permit to be an equal change out to have the AC replaced okay so this
doesn't have anything to do with any possible damage to the home this is just for the replacement of the air conditioner condenser unit whatever yes there was nothing noted at the home of interior demo interior renovation it was strictly AC work that was seen okay when
you is when did you issue the courtesy notice November 12th of 24 did you give the property owner a list of the violation details and the corrective action that need to be taken yes on page 113 just stating that the hfac replacement was without a permit and the
corrective action was to get an after the fact permit if it couldn't be permitted that it would need to be removed all right and did you give them some time to come into compliance yes to November 26th of 2024 did they come into compliance by that date no okay when you issued this letter did you attach a copy
of the photograph that you just uh were going over on page 114 yes okay um did you issue a notice of code violation because they did not come into compliance yes on February 28th of this year and what did you site the property owner with um the exact same 8652 with
the exact same violation and corrective actions did you give the property owner some additional time to come into compliance yes to March 14th did they come in compliance with by that date no did you attach a photograph the same photograph to the notice of code violation yes did you send this letter
by regular their mail and certified mail yes the certified um is starting to reflect on 118 and 119 just a copy of the certified mail that was sent did you get um the Green Card back not for that property so when you sent by regular mail did the regular mail come back it
never came back no okay so did you issue a notice of hearing for today's hearing yes on March 20th of this year okay and um is that reflected on page 120 of the packet yes did you also issue a statement violation request for a
hearing yes and what is that on page 122 of the packet starting on yes All right when you sent these two documents did you also send them by regular and certified mail both yes and did you post it on the property yes okay did you also posted at City Hall yes okay and are
those are there photographs of that there are starting on page 128 is just the property reflecting that the property has been posted and 129 City Hall okay is the property still in non-compliance it does not have an active permit it's still in
non-compliance okay has there been an application received by the city on this one there has been okay and when was the application um filed I have to log back in the permit application was submitted to the city on the 13th of this month on
the 13th of March March 13 2025 and why has that permit not been issued the permit has not been issued let me read the comments um we need contractor contact and license information for who did the job also
there has not been a um interior demolition or interior remodel Department if anything had happened at the house also the city has um substantially damaged the property it has received a substantial damage letter so with that being said the property
cannot be issued a repair permit with a substantial damage determination so the determination would need to be um resolved with the city if they want to overturn it okay has the property owner been provided with that
information um they did the property was sent the substantial damage determination they were all mailed out okay but has there been any response to the permit application on the 13th the day it was submitted to the city the city gave a public note in in the MGO
portal to the applicant that the contractor information and license information is needed and also that the property was substantially damaged and what they would need to do permit wise okay has the property owner done anything with regard to those comments that were made in the portal there's been no activity since the 13th of this
month okay so the property is still in violation then yes how much time do you think that it would take to bring the property into compliance um let see 30 days for the air
conditioning okay and should they not be able to get it get it into compliance within 30 days do you have a recommended dollar amount for a fine $100 a day okay that is significantly less than the other two cases that we heard is can you give me the reasoning why this um
violation is just strictly for the condenser unit that was replaced an equal change out it's not life and health safety violations um that were too concerned about the other ones were abandoned properties and electrical work okay thank you I have um no other questions for Miss Mills I would tender
into evidence the agenda packet Pages 106 through 129 ask that it be received all right go ahead and receive into evidence is exhibit number one pages of the
agenda packet page 106 through 129 are there any are the owners here owners all right sir come on forward and while you're coming forward Miss Mills I do have one question for you in factoring in the 30 days is that
does that also factor in whatever time would be necessary to deal with the substantial damage determination so that a permit could be issued I that's more with Planning and Zoning I don't really have an answer for that of what is needed on that side um but did I
understand your testimony to be that even if they provide even if the owners were to provide the information necessary for the contractor there' still have to be this planning and zoning issue dealt with proper yes the property substantially damaged so it would either have to be substantially
damaged and brought back into code or the determination could be reversed with proper documentation but okay yeah all right sir what is your name Kent Baker all right Mr Baker just as I've have with the others I'm going to give you the
opportunity to present any information to me to give me photographs or anything else but this is your opportunity to cross-examine M Mills ask her any questions about her testimony do you have any questions for her um no I stipulate what you said okay
thank you Mr Baker all right does the city have any other Witnesses or any other information like to present to me no thank you all right Mr Baker this is your opportunity to tell me anything you want to tell me about the violation I present any evidence you want to present and call any Witnesses so go ahead sir
um just in terms of the Comfort Air tried to get the permit I get the letter that says this is the recent letter that says basically without my requesting a permit for the whole
house renovation or demolition like you're saying they can't get a permit just to do the air conditioning and I'm not going to repair the house so why do I need a substantial damage repair estimate if I'm just going to sell it as is this is solely about
the AC and I they can't get a contra or a permit because they want something that I'm I have no necessary need for to sell the house as is all right sir thank you Mr TR any questions few questions sir um has the
house been damaged on the interior yes okay can you explain what type of damage has occurred inside the house a flood hit it and has what portion of the house has been damaged the interior has the
drywall been damaged yes um the cabinets inside the house damaged kitchen cabinets bathroom cabinets yes okay how much water do you think was inside the
house no idea flood level I wasn't living there okay was this a rental property it was okay it's not being is it currently being occupied negative okay and when was the last time that someone was living in the
house the day of the flood okay um see you don't dispute the fact fact that the home has been substantially damaged then correct well sure I dispute it okay have
you uh gone to the city and talk to any of the city building department staff to go over your concerns about the substantial determin damage determination why would I want to talk to the city when I'm going to sell the house okay is the is the home currently up for
sale yes okay all right how much time so what is your position relative to bringing to the property into compliance then that's irrelevant this is about the
AC well that's what I'm talking about well we've applied for the permit and we're denied until we have all the stuff that is irrelevant to the AC okay so you're not going to do anything further to the house you just want to sell it as is with the air conditioning unit that
was installed without the permit is that what your position is by and large yes okay understood okay I don't have any other questions then thank you all right sir is there anything else you'd like to tell me any other Witnesses you'd like to call any documents you'd like to show
me um well on a side note uh she uh is now riding around in boats looking at people's property from the water I'm just curious who owns the water is that madira Beach's property sir that is a question that I don't know the answer to but I it's if she's out her jurisdiction
on the water and she's you know uh giving people citations is that is that legal let me say again my role here is to determine whether a code provision has been violated I encourage you to come back and and voice your concern to the city commission when they meet they're the okay no I just wanted it on
the record thank you no problem all right uh anything else Mr Baker no okay any members of the public that have direct evidence or knowledge as to this violation would like to come forward all right seeing none we'll
close public comment Mr tras anything else on this one um I I understand the question relative to is 30 days sufficient enough to obtain compliance based upon the substantial damage termination that was
I think the the question that you were asking Miss Mills and it appears that um Mr Baker is not interested in um addressing the substantial compliance uh issue or substantial deviation
damage substantial damage issue um and so I think that the 30 days is still sufficient if he's not going to accomplish it it's not going to 60 days or 90 days is not going to help the situation so we're still asking that you provide them 30 days to come into compliance or $100 a day fine for every
day thereafter all right thank you Mr tras uh Mr Baker um it certainly sounds like there is a violation I appreciate the fact you've submitted a u permit application for the AC uh sir I don't know who you're selling or how you're
selling the home to I just I don't know whether this is I don't know who I'm selling it to either to be honest and and so for that reason I'm going to go ahead and give you 30 days to be brought into compliance as I've told the others if for whatever reason that 30 days is insufficient and you need additional time because of some issue to deal with
planning or or anything else please come back to me otherwise there going to be a $100 day fine that accumulates on the property and that may create an impediment to your sale so uh I'm going to give you 30 days to bring the property into compliance $100 day determine there is the violation that has been alleged by the city and again
sir I'm here the third Monday of the month every month every mon throughout the year so if you have an issue please come back before me okay how do I get the permit if they they deny deny it when when my contractor my licensed contractor the AC company has applied
and they get denied again sir that's something that's beyond my control as I said in my opening I have to come back and ask you in or someone in the different setting or I mean I I just don't understand the steps to get my permit if you're telling me 30 days but you don't really tell me how what I
would encourage considering sure what I would encourage you to do is again we're almost through the agenda today I would encourage you to sit here until the agenda's over you can ask Miss Mill she can point you to somebody else that can explain this process to you you're already here you can come back anytime while the city's open and asked to talk
to somebody but I would encourage you if you have these questions to just wait till the end of the hearing and then you can talk directly with the city staff and they might be able to provide you with more information all right all right let's go ahead and move on to the next one the next case is ce24 d251 for the property
located at 14187 West Parsley Drive is the city ready to proceed yes we are go ahead Mr TR so the city would call Grace Mills Grace again if you could explain to us what your occupation here at the city is
and what your job responsibilities are code compliance officer 2 I deal with uh building violations and building permits for the city this case for the property located at 14187 West Parsley Drive is this a proactive case or was it a direct result of a complaint that someone had
made this was proactive by the city okay and is this a code violation that you found or was it someone else in the city that found the violation the building official at the time um which was Frank DeSantis okay so Mr DeSantis found the violation and he brought it to your attention that's
correct okay and what was the violation on the property me get down to the viol it was um interior demolition without a permit okay who owns this property and how do you know that um Mark Bard and
Susan I'm sorry suan Susan reel it's good to have someone help us I waited a little bit to see if they were here to correct their last name and that would be off of the property appraiser and the tax collector of the packet and and those are
reflected on pages 130 through 136 of the packet that's correct yes thank you okay so um when this violation was found by Mr DeSantis did he issue a letter a courtesy notice of violation or did you issue a courtesy notice of violation to
the property owner I is Ed on December 2nd of last year okay and when you issued this courtesy notice did you cite a particular code section that there was a violation of 8652 of the city code is that the code section it requires a
building permit it require it goes over when one is required so yes it would cover this okay and did you advise the property owner as to what the violation was and what corrective action needed to be taken um yes the violation was just that interior demolition had occurred without the building permit and ctive
would to be getting a permit for it and if it's not able to then um structural changes must be removed did you take photographs while you were was it Mr disantis that took the photographs we're from Mr DeSantis but they were taken um that day as a stop work order was placed
by Mr DeSantis as well just because work had occurred without a permit um so that's reflected just on the front of the house on page 139 okay and um there are some other photographs that are in the packet could you go through these photographs and explain what we're looking at um 140
just appears to be the interior of the property you can obviously tell that it's been uh demoed let's see um 141 following the same 142 just following the same of interior demolition of the
house were these photographs attached to courtesy notice of violation correct yes okay and did the property owner come into compliance within that time frame that you requested they come into compliance from the first or no okay did you issue a notice of code violation then yes December 16th of last year and
did you cite the property own with the same code section as before same code same violation and same corrective action the followup date was just December 16th of last year this time okay did the property owner come into compliance no there's no active permit
on the property for the demolition when the co notice of code violation was issued was it sent by regular maale and certified mail both yes okay did you get the green card back on um on the certified mail not for that property no did the regular mail come
back to you um it never came back to the city no okay did you issue then a statement of violation in the case an request for a hearing for the special magistrate yes is that the one that's on page 153 yes I'm just getting to that
sorry yes okay did you also issue a notice of hearing for today's hearing reflected on page 151 of the packet yes I did did you send them by regular and certified mail yes both did you um bring
that to the special magistrates attention and Affidavit of service that's on page 155 of the packet yes did you also post the property I did yes that's how did you it reflected let me get down to that page on page
159 is that just um taped to the front door yes it's to the left of the front door okay did you also post a notice of hearing at the at City Hall yes reflected on page 160 okay has there been a building permit
application filed as of today there has been one as of today it was filed on the 20th of this month um and it was to cover the interior demolition it is currently um under
review as uh we needed some more information from it so it's not it's not active and approved yet it still is requiring information okay can you explain to the special magistrate what information is listed there in the portal or in the city's records what is
needed from the property owner um they had requested City had requested on the 24th um they needed to provide damage photos of the property so that they could issue um a substantial damage or non-s substantially damaged um letter on on the
home and it looks like um on the 25th that the homeowner uploaded those photos and they're just in review in the queue so they've asked they've uploaded recently what we've requested it just needs to be uh reviewed okay so how much time does it
take generally to review these things once they're in the portal and we've received all the information requested on this type of permit on this type of permit I would say um I don't really have a time frame for that that's what not in building that's
what the Planning and Zoning queue um that it looks like it's waiting on so I I don't have an actual answer to that that I'd be certain on saying well what how much time do you think would be reasonable then to give the property owner to to obtain the
permit um I'm just reading the description for the per which was to remove water damage sheetrock insulation damage cabinets kitchen and bathroom hot water tank rear bathroom wall was caved in and the slab was shifted um taking that in consideration that there was
more damage um I would say 45 days okay and if the property is not brought into compliance within 45 days what do you think the um City would be requesting in a daily fine um with there being structural damage there that was
reflected um from the property owners in the permit um the city would see 250 a day just for life and health safety as the structure had some serious damage to a bathroom okay I don't have any other questions of
Miss Mills I would tender into evidence Pages 130 through 160 of the packet ask that they be received into evidence all right I'll go ahead and accept into evidence as exhibit number one Pages 130 through 160 of the agenda packet are the owners here anybody on
behalf of the owners here all right come on forward please give me your name Susan Bard all right uh Miss Bard as I've done in the other hearings before you today I'm going to give you an opportunity in just a few minutes to tell me anything
you want to tell me uh show me documents call witnesses or whatever however this is your opportunity to ask Ms Mills questions and just ask her questions so do you have any questions for Miss Mills about her testimony um the only question I have is they saw that we took down the
sheetrock there was never we bought the house 2013 we got permits we've been renovating there was never uh there's only a slab that's been that way for 14 years we had no kitchen cabinets in there we had a bathroom cabinet that was
just press board we threw that out we just cleaned up whatever Furniture we had and put it out we have done no work in the house except we cut the sheetrock to a certain spot to get the mold out there was never any moldings up around
anything you know we had over 7 ft of water you could tell by the front door the windows were replaced when we bought the house the roof was replaced but everything else was nothing there so you know and um I guess my question I could ask later is how long do I have before I
have to Demolition and can I have so many years before I decide if I'm going to rebuild or demolish or you know um I don't have that direct answer of how long you would have I would encourage you to probably speak to building staff within the city see if someone else might have an answer for that I don't
have a specific time frame but the pictures that you showed here how did those pictures get taken because the house is not open we don't live here we only uh this is our second home and we come down every some few times a year
that's it and my in-law is from Canada who live in Largo they come over and take care of the yard or whatever but they didn't let anyone in the house I no one went into the property it was from the pictures my husband sent your H your husband sent I'm sorry which photos the
photos that you showed on the screen regarding our case yes that were in the violation letter yes yes how were those pictures from the exterior of the property you can see it through the front window okay I was just cu no it wasn't from any there was no internal
photos yeah none of that there was no the house was barely just a slab and we had furniture and one or two of the bedrooms so but my problem is we want to demolish but I can't pay you know 50 $60,000 right now to demolish the house
can I let that stand well I don't think that's what the city's asking for what they're saying to me is that there was some demolition work that was done but the only demolition that was done was by us to get the mold out of the house and and nobody's saying that what you did was wrong except for the fact that the
city has a specific ordinance it says if you're going to do demolition work that basically cost more than $500 you have to come talk to one of these people Behind These computer screens to get a permit for that okay but it didn't cost us anything to take all of that out so
why am I having to file a permit is what I don't understand understood and so Mr tras is going to tell me about that in just a few minutes but now is the opportunity for you to tell me anything you want to tell me about your case uh show me any documents you want to tell me tell me about what you did on
the property anything else like that yeah no my husband's filed and Mrs Mills gave the description of what's there so that's what I need to know now is what's our next step okay all right any other documents you want to show me any other Witnesses you want to call or anything
like that uh I guess I could call my father-in-law because he's been at the house more than we have doing the yard and everything else okay well hold on just one second Mr TR do you have any questions of Miss bard before she calls just a few questions ma'am so um with
regard to the drywall um was it damaged in Hurricane Helen yes okay and when was it you and your husband that removed the drywall yes okay and when was that removed uh that was removed about 5 days
after the storm okay and besides the drywall that was removed did you do any electrical work in the house uh he did not do remove any electrical work or anything no any Plumbing work was done in the house uh nope nothing we didn't remove nothing was done there did you
notice any structural damage as a direct result of the hurricane uh yes there was a back bathroom off of the laundry room that the previous owners put there and that wall for how they put it up was knocked down by the water and the wind
okay and we put a piece of plywood and whatever there to close it all right and um in the photographs it looks like there are no cabinets whatsoever no we had no kitchen cabinets no bathroom cabinets no
anything like that we didn't do that when you bought the house it had no cabinets yes when we bought the house it had cabinets it had the whole house was furnished but we applied for a permit to go in and take those down back in 2013 whatever so that's what we did okay so
are you saying all the cabinets were removed 12 years ago in the house at least yeah 10 years ago even yes mhm okay all right is we had uh the inspector come out he inspected the air conditioners and all of that and he expected the work that we did we did
file for a kitchen permit but we never went through with the kitchen all right is anybody occupying the home no okay when was the last time it was occupied uh probably about we come down every for a week or whatever couple times a year but the house hasn't been occupied full
term since 2013 14 when we bought the house are you living in today no okay we're in New Jersey and that's our main and then we come here just to visit we were trying to get it ready for when we retire I
understand that are you living in it today no so you're staying at a hotel somewhere in no I'm staying with my uh in-laws okay all right I just want to make I'm trying to figure out if anybody's living in there no no one's living there they just go and do the lawn or whatever okay so the city is
requesting that you get a building permit for the demolition work how much time do you think it'll take you to get that permit well that's I would need as long as I can get okay are you going to be in town for the next couple of days uh yes if I need to be okay how long do you are you going to stay in in madira
or close to madira that you can get the building permit pulled uh I could probably stay a couple days if I need to okay but otherwise you'd be able to handle it from your home up north no I have to go back to Jacksonville my mother is in a memory care facility and I have to go up there cuz she's not
doing well okay okay so I'm trying to figure out once you leave madira Beach yes are you still going to have access to your computer your laptop whatever you'll be able to respond to City requests okay yes all right okay thank you don't have any other
questions all right Miss Bard you said you wanted to call your father-in-law as just for him to verify that you know this is what it is and whatever all right Mr father-in-law you're in the audience okay come on forward and Sir if you will give me your name
and address and your relationship to misss Bard or the owners my name is Marcel Bard all right so it s me tell me your first name again Marcel m a r c l Bedard is your last name Bedard yes okay and you're the father-in-law of the
owner and I take it the father of the other owner is that correct that's correct all right uh sir what is it you'd like to tell me about this particular violation remember while we're talking about is there was demolition work done following the hurricane that just didn't have a permit so anything else you'd like to share
with me on that issue uh my wife and I my wife was here we arrived uh a week after the storm so we don't know what happened there other than she and our son they
went and did what they had to do with reference to the walls and the it defecting it the uh mold so okay thank you sir Mr tras any questions no sir thank you all right thank you Mr Bard I appreciate that
thank you Miss Bard is there any other Witnesses you'd like to call or anything else you'd like to show me uh no sir sorry okay no problem that let the record reflect the answer was no all right are there any members of the public that would like to come forth and have direct knowledge or evidence as to this
violation all right seeing n we'll close public comment all right uh Mr TR anything else on this one no I have nothing else thank you all right I'm going to go ahead and based upon the photographs and the testimony determin there was indeed a violation of
86-52 however I'm going to give the uh owners 60 days to bring the property in compliance and since nobody's living in there and it appears that this was just Demolition and no other work I'm going to do a $100 a day fine thereafter uh Miss Bard I'll say the same thing that I am telling the others number one please
feel free to to stay back if you have any questions I mean you know this is a good opportunity for you to talk to City staff as you can see you've got a lot of people here that are familiar with the permitting process and can talk with you if for whatever reason because of your
uh care responsibilities for your mother you need more than 60 days to get this permit remember the only thing the city's asking you to do is get an after Thea permit for the demolition work that's already been done if you however find that you need more time please come back and see me and I will you know hear
whatever you have to say and make a determination of whether I can give you an extension of time right all right that concludes the uh hearing on that particular matter now we're moving on to case number
2024 3764 for the property located at 13342 3rd Avenue excuse me Third Street East is a city rate to proceed we are go ahead Mr TR call again Grace
Mills uh Grace if you could State your occupation your job responsibilities here at the city um code compliance officer to um I deal with unpermitted uh building and with building permits for the city is this a proactive case or was this a result of a complaint
U I believe this was a result from a complaint okay and what would the complaint have been um I believe the complaint was of a um unpermitted bathroom in the rear of a residential property okay and
um was this a code enforcement action that you went out and saw was this the building official that did that sorry let me get down to the letter um these photos are actually reflected off of a rental site um so
these aren't from someone from City staff in person okay so my question was is did did either was it you that went out to the property determin these violations or was it are you basing the violations based upon the photographs that you found online we are basing the
violations off of the photographs and also the um building official at the time Mr Dan santis had been out to the property um to actually see it in person okay so I'm going to back up a little bit then so this property is owned by whom and how do you know
that let me get back up to that just one moment sorry uh Joshua Rosenthal and that is from page 161 is the beginning of the property appraiser which reflects the same um followed down
by page 167 which is the tax collector um resulting in the same okay um was there a well first of all what was the what is the actual violation What code section is the violation down to the letter um
so this complaint originally came in for um unpermitted renting of RVs as well as the bathroom from the adverti site so what was cited in this original complaint when it started that was sent on April 11th of last year was 8652 when
required which is the permitting for the outdoor um bathroom area was also followed up by um sorry the computer's being slow 14 130.4 which is license required um if you're going to rent out the property
which it had been advertised for and 6233 was compliance required just saying that um you'll need to get your business tax receipt um for the rental okay um the city's not going after the last two so the only one on
this case is 8652 that was just in the original case but that's since been taken off all right when when you sent the original courtesy notice of code violation in April of last year did you set forth with a violation detail was
and what correct corrective action needed to be taken by the property owner yes in the beginning it was um unpermitted electrical work and plumbing work have taken place of the property without the required building permits um and the corrective action would be obtaining an after Thea permit if it
can't be obtained it needs to be removed um it was also added if there was any permits for the described work then to bring an into to the building department um just in case it had been through County or something um but that was the violation and corrective action um and also under the corrective action it was
how to to apply for the licensing for rentals um and it gave a follow-up date of April 25th 2024 did the property owner bring the property into compliance by April 25th no okay so I'd like to go over the
photographs that are in the agenda package starting at page 172 can you explain what these photographs are depicting sure 172 looks like um exterior of the house there's at least a toilet with some fencing um I believe behind on the right
side is actually the shower it's just cut off from the wall in that photo um but it was from Hit camp on a via online ad let's see the following photo um shows the sink um I think the bathroom
was behind that white picket fence from the previous photo um followed by just another angle of the backyard um on our building official actually going out to the property he had taken photos of a receptacle um which he
believed I need to be permitted that no longer applies but that is what that photo was for um but there's no longer violation there it had been previously permitted I believe so that's just of the same um let's see the following on page
177 is actually just the ad on the website um followed by another photo and that is the violation first letter so these photos they were attached to the courtesy notice of violations to the property own could tell exactly what the violations were
yes okay and you've already testified that he didn't come into compliance but did you then issue a notice of code violation yes and when did you issue that that would have been May 21st of last year and is that what's reflected on starting at page 179 yes okay did you cite the same code sections that you
went over a few minutes ago it's the exact same code sections um corrective action and how- to come into compliance the only difference is um the follow-up date is June 4th 2024 okay and this was sent by regular
mail and certified mail yes that's correct did you get the regular mail back we did not for that property did you get the green card back we did not for that property okay so did you then issue a um statement of violation and
request for a hearing I did yes okay and is that in the packet yes sorry I'm getting down to the page so on page 195 starting at 195 I believe it is but let me just verify okay yes starting on page 19 all right
let's talk about this statement about violation What code sections are being cited in the statement of violation 8652 um one required that's just for the unpermitted bathroom work that had nothing of the rental was brought to the magistrate for today okay and did you
also issue then a notice of hearing for today is that in the packet at P starting at page 193 yes that's correct um and did you send these documents by way of regular maale and
certified mail yes both and is that reflected in your affid of service starting on page 191 of the packet yes did you also post the property I did yes that would have been on March 20th of this year you could turn to page 199 of
the packet is that a photograph of the posting for the notice of hearing at the property yes okay and what is the photograph on page 200 that is just the posting at City Hall okay have you heard uh anything from the property owner since this case is
started June 24th of last year a permit application was submitted to the city to get the sink shower and toilet permitted um in reference of my violation letter and um the application was started in reaching out to county for
ordinances County let me know that um exterior bathrooms are actually not allowed within the county so on January 18th of this year um Mr DeSantis the building official at the time had given a note within the MGO portal to notify everyone that the permit was
denied um Per pelis County ordinances and exterior bathroom part of the Florida building code is not permitted within the county especially on the island being in a flood zone okay and um although it's not in the packet um this uh letter that was sent on January 18th was that sent
directly to the property owner it was through the portal and I actually gave I believe I'm not sure if I gave both copies to you but I did print out the actual denial letter from the city that got sent via the portal U by our building official explaining the denial
and also just the Florida building code plumbing code that the county had referenced for denial all right I'm going to submit that in just a moment okay my uh question to you though was once that occurred did the property owner bring the property into compliance by removing the toilet the shower and
the sink on the ex interior of the house not that has been communicated to the city okay so if he did bring it into compliance he hasn't told the city we're not aware of it yes okay all right how much time do you think that it would take to bring the property into
compliance um it would need to be a demolition permit since they're not allowed um the exterior bathroom is not allowed in the county um or on the island so it' be 30 days the city would see um as this is unpermitted work unsure of how or you know what work was
done especially with um sanitary facilities the city would see $200 a day if it doesn't come into compli yes I'm sorry if it doesn't come into compliance okay thank you I have no other questions for you I'm going to submit into evidence um Pages 161
through 200 of the packet in addition to that um submitting into evidence the letter dated January 18th 2025 that was in the portal that was is by the building official all right I'll go ahead and accept into evidences exhibit
number one Pages 161 through 200 of the agenda packet and then exhibit number two will be a letter from Mr Dan sanis in regard to the testimony that Miss Mills provided
stating that an exterior bathroom is not permitted within the county all right are the uh respondents the owners here or anybody on behalf of the owner here all right come on forward sir uh Miss Mills while the respondent is coming forward I just want to make
sure I have it I I have this accurate that the corrective action here there is no ability to obtain a permit for this outdoor uh these outdoor facilities that are shown so the corrective action would be to obtain a building demolition permit and remove those fixtures is that
the city's position correct yes it'll need to be a demolition permit to remove them it will need to be permitted just so the city can ensure that everything's capped off and Plumbing's what I'm saying is that there's no obtaining an after Thea building permits not available in these circumstances because this what's existing there is not
permittable correct yes we found that out once the permit had been in review that the county did not allow them straight out so it's not able to be permitted okay sir what is your name Joshua Rosenthal all right Mr Rosenthal uh you have the opportunity at this
point in time to go ahead and ask Miss Mills any questions about her testimony as you've seen me do in the other hearings before I'm going to give you an opportunity in just a few minutes to tell me whatever you want to tell me show me documents or call witnesses but do you have any questions for Miss Mills
right now based on what she testified to um didn't you receive it after the fact permit application we did after the fact permit application yeah I did pay for that I remember it's not issued and then I was also passed I think I was passed by Mr D
santis uh when he came to the property I got a preliminary he he passed me he passed a courtesy inspection on June 27th at your property saying that he met with the homeowner on site to discuss the stop work order for the work you will submit a permit ASAP
um I submitted it and um hold on is there this a question from m m did you receive the drawings that I had sent in to receive the permit uh prior uh to Mr des's coming to my property we did receive documents uploaded into the portal for review if
that's what you're referring to yes ma'am all right any other questions from Miss Mills and then I'm going to give you an opportunity to tell me anything and everything you want to tell me about this but any other questions from M Mills no all right uh Mr TR any redirect from Miss Mills based on my questions to
her or Mr rosenthal's questions all right all right no thank you okay Mr Rosenthal this is your opportunity during the hearing to present any evidence You Want To Me of anything in regard to this violation just so it's clear the only violation that is before
me today is the unpermitted work that we saw in the pictures and specifically the outdoor toilet what appears to be an outdoor shower and the outdoor sink the city is not going forward on the violations relating to any rental of the
property so uh what is it you want to tell me about the specific violation the city's moving forward on just want to say that the the sink uh just to clean fish I'd rather clean the fish out back and um I have a CR disease
so having the the toilet uh out in the back it's fenced in it's covered um you can't see anything it's just said that when I have guests at my home that um when my disease acts up I don't use the interior toilet all right uh any other Witnesses
you'd like to call Sir because I'm going to give Mr tras the opportunity to ask some questions but any other Witnesses or photographs or anything you'd like to show me um no I don't have any Witnesses okay Mr tras few question sir so the toilet's still there yes sir the outside sink is still there yes sir and outside
shower still there um there's a shower it's just a like a fence has top but it can be used as a shower okay so have you taken any action to remove any of those three things no okay um if the special
magistrate finds a violation of the city code how much time do you think that it'll take to remove those items from your property I'm super swamp with work at summertime coming up I have a lot of boats coming in so I would need at least like three months to get everything removed from the property um I think the
fence was cleared the fence can be there I think I could just cap the toilet and and pull the sink out and cap the sink but there will be Plumbing sticking out of the wall which could injure somebody with the sink being removed um I don't think it needs a demo permit I could just cap the toilet and remove it if
need be and pull the sink out um it's really it's not it's not difficult to do I just I feel like it should be no reason why I can't be there okay so do you have the wherewithal to hire a contractor to remove the sink the toilet and the shower head um financially right now I
haven't been paid for my insurance since the storm so I can't afford to do so okay so you understand that what the city is asking for you to do is to pull a um demolition permit correct yes sir okay you understand that there is no fee for the demolition
permit correct no okay you didn't understand that I didn't know there was a fee for demo permit and I'd be happy to complete that today okay all right that was my question so as for the demolition permit application you can make that today or this week at least
and you can put in the process to get that permit issued yes sir okay all right thank you that's all I have all right sir anything else you'd like to share with me today
um yes sir I I have pictures of uh the local like uh my street the neighborhood since the storm and I feel like you know I feel like what I have the sink and and the toilet out back I feel like that you know being my property with my disease
and you know I like to go fishing I think that it should be allowed to be at the residence I've sent in drawings I don't see how it's out of any type of compliance I don't agree with that all right and S like I said my role here today is not to Grant a building permit
or anything I don't have that power but I appreciate what you're saying if you'd like me to see any photographs I'm happy to consider them you just need to show them to Mr tras first okay I'll do that these are of other properties within the city street okay
okay all these pictures are reflecting is um it just shows exterior recreational vehicles on different Lots on your street yeah I was just saying that you know the bathrooms and stuff people have put in sheds and have have
done you know exterior Renovations and I feel like that that's not beyond what I have at my house all right I'm going to object to these is not being relevant to the code uh violation that's being cited today i' be happy to yeah Mr trash you would mind I'll just take a quick look
at them the trailer show bathrooms and showers on the property okay thank you sir I've reviewed these again the city you can go ahead and get them s the city is not um best I can tell there's nothing that the city is
claiming as a violation of having any sort of trailers or anything on your property it's solely the outdoor toilet sink and shower that are issue here so um all right sir thank you very much are there any members of the public who have direct knowledge that would like to come
forth and be heard on this one all right seeing none we'll close public comment anything else Mr tras no thank you okay uh Mr Rosenthal you're happy to try to apply for another permit based upon the evidence that's before me it does appear
that there is a toilet a sink and a shower that there's no record of a building permit being issued for that if you believe that it can be permitted then you're C certainly welcome to do that uh what the evidence before me is
that panella's County doesn't allow an exterior bathroom so but again I can't I don't make any decisions as to whether a building permit can or cannot be uh provided for this property um but I tell
you what I'm happy if you believe that you are entitle to one I'll include that in the corrective action so I'm going to find there is a violation I'm going to give give you 60 days so get a little bit extra time to get it resolved therea be a $200 a day fine if you believe you
can get it permitted then apply for a permit if a permit is issued to you for this outdoor restroom that solves the issue if you can't then the corrective action is to apply for a demolition permit to remove the toilet sink and shower like I've told everybody else if you have questions this is a perfect
opportunity we've only got two more matters on the agenda you can stick around till after the hearing and try to talk with someone within the city to answer any questions that you have okay okay all right all right thank you very much that concludes hearing on 24. 3764
we'll now move on to case number c-24 d252 for the property located at 172 131st Avenue is the city ready to proceed we are um I'd call um Grace Mills again if you could State your
occupation your job responsibilities here at the city of Madera Beach please sure I'm code compliance officer are too um I deal with building and perming violations um for the city you familiar with this property located at 172 31st Avenue I am
is this a proactive case or is a result of a complaint this proactive okay and who is the owner of this property and how do you know that goodness I just moved past it sorry starting on page 2011 reflects the property appraiser um
William and Janet Goodman followed by goodness the pro um tax collector of the county um showing the same okay um when was the first time you
audit the property this was actually from a prior building official Mr Dan santis um that had found the violation that was given to me but it was December 2nd 2024 when and what is the violation was for
interior demolition without a permit um for code 8652 violation okay were there photographs taken uh by Mr DeSantis or by you by the property uh they were taken by Mr D santis and it looks like
November 26th of last year was when they were taken all right if you could go through the photograph starting at page 209 of the packet and explain what these photographs depict sure page 209 is just the front exterior of the home um looks pretty opened up you can see some
drywall Cuts definitely that um terior demolition has happened 210 is actually the stop work order that was placed just because there was no permit um by November 26th of 2024 for the demolition work a stop work order was placed
211 shows the front door um and just the interior of the home believe the front door was open from the first photo 212 I believe that might be be part of the garage area of the home that's just showing that there's been some demolition okay did you issue a courtesy
notice of violation to the property owner about the code violation I did yes get back up to see the date uh December 2nd 20124 um stating 8652 when required just the need for the permit um for the inter
demolition the violation just said the same that they need a permit for it and the corrective action was either the property owner or licensed contractor can obtain the permit if it can't be obtained the structure s changes must be removed their follow-up date was December 16th 2024 okay and you attach to that
courtesy notice the photographs that you just went over that we just spoke about yes that's correct okay did the property uh come into compliance by December 16th no okay and did you issue a notice of code violation then
I did yes let me um that would have been December 16th 2024 the only things that changed was this was sent regular and certified um the ordinance is the same violation detail and corrective action are the same the follow-ups December 30th
2024 okay but you also attach the photographs the same ones from the first letter yes okay and the property come into compliance by December 30th as requested no did you send this letter by a regular mail and certif ifed mail yes okay was there regular male returned to
the city it was not returned no okay was the green card returned to the city no okay did you issue then a statement of violation um and a request for hearing before the special
magistrate I did yes and that would on page 224 of the packet yes that's correct did you also issue a notice of hearing for today's hearing I did that is reflected on I
believe beginning on page 220 222 yes yes I'm sorry 222 okay and did you send these by regular and certified mail to the property owner yes okay and what address did you use the 17213 first
okay and is the property currently occupied by the homeowners not that I know of no okay but that's the address that was listed at the tax collector correct yes and the property phraser as well yes okay um and you said that was sent by regular and certified mail yes
was the property also posted the property was posted with these documents let's see if I can get down to it is there a photograph on page 230 of the posting yes as soon as it loads
there will be okay I can't believe I'm faster than the computer I think it's just tired today uh page 230 reflects the uh posting on the exterior wall of the property yes okay and um City Hall it was also posted there too is that the photograph on page
231 that's correct yes is the property still in non-compliance yes it's still in non-compliance have you heard anything from the property owners about the um permit that's required the property owners themselves know I did have a contractor come into City Hall just to discuss that they're planning to lift
the property okay um I let them know that you know they have a violation um and he asked about the hearing um and that they do have plans in to do something with the property as of this moment there's no application okay all right and do you remember approximately
when that conversation was with the contractor I would say Thursday or Friday of last week okay all right how much time do you think it will take to bring the property into compliance to get the demolition permit um for the interior work for the demolition permit
itself um I would say 30 days for the city just for the violation itself not the lift not anything else with the property just the interior demolition um and if not the city would find $100 a day if it does not come into compliance all right thank you that's
all I have um I would request that Pages uh 201 through through 231 be received into evidence all right we'll go ahead and accept into evidence Pages 2011 through 231 of the exhibit ex me of the agenda packet as exhibit number one all
right Mr Mrs Goodman here anybody on behalf of the owner here James B all right I'm sorry sir give me your name uh on the microphone there James Bert contactor all right and is it buurt yes sir all right and you're the contractor for the uh owners yes uh we're in the
process of building a uh twostory masonary structure over the existing structure okay so I was kind of under the impression that I didn't need to get the demo permit but now I'm aware that I do so go ahead and get the demo permit and uh once the engineering drawings are done we'll get the uh permit to build
all right um Mr Bert do you have any questions for M Mills about what she testified to okay all right I didn't hear an audible sound is that a no no okay um Mr TR do you have any other Witnesses
you plan to call in regard to this violation no I do not have any other Witnesses all right Mr Bert obviously I heard what you just told me about your contractor you're going to apply for a permit you're going to lift the house is there anything else you want to tell me about this particular violation no sir you've heard the city say that 30 days
is a time within which to comply U I'm as you can see U if owners are diligently working toward them I'm willing to give a little more time do you think 60 days is enough time is plenty yeah okay all right but you think probably even do it in 30 if you had to yeah I can get it done right away all right thank you Mr B are there any other
Witnesses you'd like to call any other documents you'd like to show me not at this time okay are there any members of the public who have direct knowledge about this code violation that would like to be heard okay seeing none we'll close public comment Mr tras anything else no sir thank you all right based upon the
evidence provided the the photographs and the uh statements that were made on the record I'm going to go ahead and find there was a violation of 86-52 as set forth on the record the fine will be $100 a day I'll give the owner 60 days to bring the property into
compliance which is to apply for an after Thea demolition permit and otherwise bring the property into compliance all right that concludes the hearing on uh this particular one and for everyone in the audience just please understand I cannot have any
Communications with anybody outside of a public hearing so please do not call my office don't send me an email or don't write to me not because I'm not ignoring you I'm legally and ethically prohibited from having Communications with anybody outside of a public hearing so if you want to talk to me again we've got to come back before a public hearing and
the city can help coordinate that all right let's move on to the uh old business which is case number 2023 3603 for the property located at 13423 Gulf Lane is the city ready to proceed uh yes we
are so um I don't believe we need any testimony from Miss Mills but what we have on the packet is an Affidavit of compliance on this property it has been brought into compliance as of July 12th of last year we're asking that you find the property in compliance as of that
date there was a notice of hearing issued to put Mr Smith the property owner on notice that we were going to bring the Affidavit of compliance to you even though it's not required by State Statute or is it required by the city's code that there would be actual a hearing on the acceptance of an Affidavit of compliance but we did
provide him with that we're asking that you do accept the affidavit and issue an order finding that it was in compliance as of July the 12th 2024 that'll be fine Mr TR just out of curiosity uh what was the violation on this property uh I'll let Grace tell me on AC
replacement it was just for permanent AC okay no problem so the just an order compliance as of July 12 2024 yes okay based upon the affid of compliance and the other item submitted I'll go ahead and ENT an order of compliance is there anything else before me today Mr tras no
thank you okay thank you all very much that concludes today's hearing have a nice day everybody