Okay. Good morning everyone. I'm going to call to order the code enforcement magistrate hearing for Martin County at 9:00 a.m. on May 21st, 2025. If you'll please rise, join me in the pledge of allegiance. I pledge allegiance to the flag of the
United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Okay, please be seated. We do have some folks here this
morning. I'm going to try and take those cases first so uh you don't have to wait around all morning. And um first case I'm going to call is the Gausny and case. It's case number ENF
2025 0200052. Respondents are Nick J. Gazny and Cynthia L. And you all are here. Uh you're going to actually ultimately come to this podium. But but but let me ask you to just sit
in that first row. It'll be more comfortable for you than having you stand the whole time be and I'll explain why. Go ahead and just have a seat. There you go. Okay. So, the county is
actually going to present their case and um and at the conclusion of it, I'm going to call you up. I'll swear you in. You can tell me what you need to tell me. you can present evidence and and um whatever it turns out that you need
more time, whatever. Okay? And and you can watch the evidence by looking at that monitor. So you'll see what the county is presenting because at the end of it, I'm going to say, is there some sort of legal objection to any of that
evidence? Generally, there's not, but but there could be. So, so that's how that's going to progress. And that's I see there's another couple of gentlemen here. Same kind of situation for for the
case you're here on. We're going to hear from the county first. if the county makes what the law calls a primmaaccia case, meaning if everything uh that that they say is is correct and that I can rely on it and that there's been proper
notice, then the case is going to go forward and it means that it's going to fall to you to either explain it or to to discuss it with me um to refute it, whatever you choose to then do. Okay.
So, I'm going to swear in officer counselor first and and then uh we'll proceed with the county's case. Okay. So, uh do you swear or affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So, I'll help you out. I do.
Okay. And whenever you are ready. Okay. My name is Chris Councelor. I've been sworn in. I am a co-mpliance investigator for Martin County. The respondents, Nick J. Gazny and Cynthia L. And are present. This case concerns a vacant lot property on Spring Haven Avenue located within Martin County,
Florida. The case was not generated from an anonymous complaint. According to the official records of the property appraiser of Martin County, the property owners is Nick J. Gazny and Cynthia L. And a copy of the property appraisers record of ownership is county's exhibit one. On February 20th, 2025, I inspected
the property. At the time, I observed an expired permit application. At the time I investigated the property history using aerial photos. So the county's exhibit two is the ex is the expired permit application letter. Exhibit three is a photo of the front of the property and exhibits four and five are aerial
photos from 2020 and 2025 showing an unpermitted structure. And exhibit six will be the property's permit history showing no issue permits for the structure. So just recapping exhibit two, this is the expired letter that was sent out. Okay.
and it wasn't an issue permit, it was just an application. Exhibit three is I visited the property, I couldn't gain access. Exhibit four is an aerial photo from 2020 showing no structure. This one's
pre-existing. Uh, that one's fine. So, this one there, no structure. Exhibit five is a 2025 aerial photo. And now I have an existence of a structure. And exhibit six, the only
permit showing up on the record is the expired application that initially brought me to the property, but it was never issued. Based upon the investigation, I issued a notice of violation to Nick J. Gazny and Cynthia L. will end off on February 27th, 2025, March County
Exhibit 7 and a notice of violation the following Martin County code section 105.1 Florida Building Code as uh adopted by section 21.1. At this point they were the correction was to please complete the permanent application for
the new for the poleb barn structure and the notice of violation respondent was given until March 13th 2025 to correct the violation was informed of the need to contact Martin County code enforcement. Compliance was not achieved and a notice of hearing was issued by certified mail on April 23rd
2025 at the marked county exhibit 8. On May 7th, 2025, I amended the notice of hearing from expired application to building without a permit as the correction. It was issued by certified mail on May 7th, 2025 and it's marked as county exhibit 9. Basically same violation, but I just
changed the correction because now I had the existence of a structure. So, I changed my correction from complete the permit application to attain a permit for a structure without a permit or the condition of removing it if if they so wanted
to. The return receipt was not received. So, on May 8, 2025, I posted the property. A photo of the posting in the affidavit of posting are marked as count exhibits 10 and 11. 10 is my posting. Exhibit 11 is my affidavit of
posting. I had received no call or letter from the property owners uh within the time allowed. Therefore, I went to the property again on May 20th, 2025 and saw that the sighted violations had not been corrected. At the time I photographed the property, the photographs accurately
show what I saw then and is counting exhibits 12 and a screenshot of the permit history is count exhibit 13. So 12 uh my posting was removed and exhibit 13 uh nothing has happened with the permit application. I've had no contact with the property
owners until today. So, I request that all the county's exhibits be received in evidence based upon testimony and evidence. I request that the respondents Nick J. Gosny and Cynthia L. And be ordered to comply with the study provisions of the Martin County Code by June 30th, 2025. If not compliance and then required to pay a fine in the
amount of $100 per day until the violation is corrected. The counties incred the cost of $575 conducting this investigation. That concludes my testimony. Okay. All right. If you'll come up to the podium, please.
All right. I'm going to ask you to raise your right hand. Do you swear or affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So, I'll help you God. Yes, sir. And your full name, sir. Nikki J. Gosy. All right. And and uh Mr. Gazny, you're one of the owners of the
property, correct? Is my wife. We weren't married when we bought it, but Okay. All right. Um, and what is your address? Correct address. It's 8590 Southeast
441, Okachobee. All right. Let me just see if I 974. All right. That's different than the mailing address. Yes, sir. that the property appraiser has. Yes, your honor. Okay. Uh the address that's in the
property appraisers's record on Linux Street, is that any good? Uh my daughter lives there. So my grandson's the one that signed for the certified letter that that's how. All right. So you would get mail there if needed. If needed. Oh,
yes. Yes. Yes. Would you prefer to have your own address on it? I I would. I I gave it to the last inspector. Okay. A year ago and Oh, I'm sorry. And it just never got transferred or something. I I don't know. And um Mr. Counselor told me
today that he wouldn't change the address anyway, even though I gave it to him. That has to go through it. I mean, you can add the address. Yeah. Yeah. Do you have it? Not until today. I've had no contact with him until Okay. I never
knew I This was the first letter I received from Mr. Counelor. I seen um you said in the evidence that there was one in February or something, I believe. Um yeah, the initial NOV went out notice of violation. Yes. I never uh received
that one. I only received this one here that was on my gate and the one that my grandson signed for. All right. So, from a practical standpoint, the county is obligated to use the property appraisers address, but as a courtesy, they can
also contact you at this other address. Yes. Yes. My daughter lives there. All right. Okay. And I'll try I tried to change I'm sorry. I tried to change it once. It was a little difficult on the website. They wouldn't let me change it on on the website. All right. Well, no
problem. We now know how to get a hold of you if if need be. So, um, so you've got this pole barn. Is it complete or incomplete? It's complete. It's a metal one I put up. I got my tractor and stuff under it to keep it
out of the weather. All right. And And is anybody living on that property? No, sir. It's okay. So, it is still uh not occupied. It won't let me occupy it. Right. Okay. Yeah. And what's the story with
the with the uh building permit? Um I I submitted I hired a company to do it for me cuz I wanted to get this right when I was with Mr. Marcus. You know what I mean? And uh they applied for it and then I I got rejected. Um they won't
give me a building permit cuz I'm unplatted or something. But all the lots next to me are unplatted and they all have houses. I don't know why I'm singled out. I'm the only guy out of 33 lots that doesn't have an address.
H Okay. I Officer Counselor, you know anything about that? All I know is that usually an address won't go through until um a house is built. That's usually when they do the addressing process. So, since there's there's no there's no home on the property, that's probably why it's never been addressed. And
considering that the only permit that shows on the property is the expired application it since it didn't fully go through the building pro I don't know what stage it is because like I said this was all brought to my attention this morning. It's possible that um based off permit history and the fact
that there's no home that's why they never address the property. Okay. So a lot of the factors that he brought up I just became aware of today. I could have done some investigating prior to, but I this is all new information to me as of today. All right. And then I guess the other
question in my mind, do you know the zoning on the property? It is zoned A2. A2. So So it's a residential single family. Yeah, it can be it can be a single family, but it can be agriculture as well. Correct. All right. So, it is
possible maybe to build a pole barn without a without a he'd have to be he'd have to be producing an a product on the property. Okay. To be exempt from the perming process. Well, it's like a catch 22. He can't produce the till you get
the equipment covered and the water and Yeah. Okay. Um, I you're not disputing the fact that there is the barn there or that that you built it without a permit? No, sir, I'm not. Okay. All right.
So So, and any objection to the county's exhibits 1 through 13? I don't know what that is. That's the stuff you looked at on the on the screen. Oh, okay. Yes. No, everything there was was correct. Okay. So, I'm
going to without objection I'll accept into evidence those exhibits 1 through 13. Yes. And um based upon the exhibits based upon your testimony and officer counselors, I'm going to find that a violation does exist on the property.
Yes. But the county has asked that you cure the violation by June 30th. Yes. I didn't see where that was on that. I see the one that says March 13th and I got this afterwards and Right. And you would
not see that on paper because this is part of the of officer counselor's testimony, right? And so he's asking me to issue an order that that requires you to comply by that date. And I'm wondering if that's realistic. Well,
that was based off the fact I've had no contact with him, so I just did the default date. But circumstances changed. I want to be compliant by all means. Okay. But but it sounds to me like you've got a lot of paperwork and and things that you're
going to have to do to get squared away. Not the least of which is the company that erected this thing has, in my mind has got some responsibility to you, right, to to do the right thing and get
the permit. Well, um, uh, that would have be on me. Also, I didn't know I needed a permit for that. Um, because everyone out there builds their stuff without permits. That's why I watch everyone's property get built up except for mine. Do you have some sort of
agricultural use for the property or no? Um, I've had a couple animals out there over the years, but um, from everything that I read, um, you you have to have so many animals per acre and,
uh, there's all these other and like uh, Mr. Counselor said, you have to show where you're selling a product and there's got to be some production. Yeah, there has to be something there. Um, I see people put a row of trees up and then don't do it. don't do anything to
the property for 10 years. I don't I don't see where they're selling anything. So, is the existing building yours as well? Excuse me. The existing building. There's looks like there's a house there or it's an old bar. It's an old horse barn. It was barn. Yeah, it
was there 35 years ago. I did do a couple repairs on it. There's no doubt. You know what I mean? It says in that letter. Um, but it's it's been there since I bought the property. 36 years ago. 88 I bought it. Okay. I guess well
I you got a lot of qu questions more questions than answers. And what I'm thinking is that um that you pro probably need to go see a lawyer as well. I've hired a couple lawyers over the years. It's been a long time since I hired a lawyer, but
um it's probably been 20 years since 2004, I'd say. Was it I'm going to give you until September 30th to see if you can get this resolved and I appreciate that and I'll work right with Mr. Counselor here. I have no problem with
contacting him and let him know my progress and all. All right. And then after that, um, if if you haven't either resolved it and gotten the permits or made some sort of an arrangement, there is a possibility of
of stipulating an agreement with the county. Uh, that's another possibility even if you need some sort of extension, but but uh that's in the future, not right now. So based upon the evidence, I'm going to find that a violation as charge does
exist on the property. I'm going to order you to comply on or before September 30th, 2025, failing which there'll be a fine in the amount of $100 per day. So you don't want to go over that without doing something. And then um unfortunately I'm going to award
costs in the amount of $575 to be paid to the county. Okay. All right. And that's at the conclusion basically of this hearing. And let me just see. Okay. So, I'm just going to I'm
going to change this date from June 30th to September 30th. Your honor, if I make a little progress, would I contact Mr. Counselor and then he can extend that date if it needs to be or that comes from you? And well, it's going to be a a kind of some sort
of negotiated process between you and Mr. Counselor. It will ultimately come back to me if that's the case. But but that's something that you all have to kind of work out with the county. Yes. I mean, I'm not a county employee. All I'm
here to do is to to judge the matter and Yes. Um so I then to find out if there was a violation or not, and there is. So yes, sir. I'd hate to have to remove it. I saved a lot of long time for that.
Well, I I I don't know the answer to that issue whether there is a way to save it or not. Yeah. Um but it would seem to me that if there's another structure there, there's probably some way to do
it. Anyway, you'll get a copy of this. Do we do we have an email address for you? Do you have my email? I have nothing. Oh, okay. So, so the address where you actually live and your email address and a good telephone number. Get
make sure that officer counselor has all of those things before you leave here. Yes, sir. And then and then we'll get all this to you. Perfect. Thank you so much. Okay. Good luck. Yes, sir. Rachel's going to get you that and she'll All right. Um Okay. But Rachel
will get that information for you. We'll be in touch. I'll write it down. Or you want me to text it, email it to She'll get it. All right. Yes. Perfect. The next case I'm going to take is um Jonathan Eaton. Uh there's somebody
here on on that case as well. Um you can either sit where you are or you can come up in that first row and look at this monitor. Wherever you're comfortable, we're going to do the same uh thing. We're going to hear from the county and then we're we'll go from there. This is
case number 2025 020954-01. Respondent is Jonathan Eaton and uh officer counselor. This is also your case. So whenever you're ready. My name is Chris Councelor. I've been sworn in. I'm a co- compliance investigator for Martin County. The respondent Jonathan
Eaton is present. This case concerns the property at 1400 Southwest Squire John's Lane located within Palm City, Florida, located within Martin County. This case was not generated from an anonymous complaint. According to the official records of the property appraiser of Martin County, the property owners are is Jonathan Eaton. A copy of the
property appraiser record of ownership is county exhibit one. Okay. On March 11, 2025, I inspected the property at time at the time I observed property has had no permits on it. equipment and materials were being stored on the property. At the time I photographed the property, the
photographs accurately show what I saw then and smart discount exhibits 2, three, four, five, and six. So, first pictures, exhibit two from March 11th. I got heavy equipment. I got dirt piled up. Looks like um the lot's been
cleared. Exhibit three, got additional equipment. I got storage of items. Um, some fills been brought in. Exhibit four. Just another angle of the photo showing additional storage of
property of materials. Okay. These um this is in cobblestone I think I saw. Correct. And it's is that mean this is a residential lot? Correct. Okay. All right. Go ahead. Uh in exhibit
five is just another angle. All right. And one other picture, exhibit six, just showing materials being stored on the property. Based upon the investigation, I issued a notice of violation to Jonathan Eaton on March 17th, 2025 to
marked this county exhibit 7 and the following. In the notes, I cited the following Martin County code violations. Section 3.21.3 C.2.1 commercial equipment, which has complied. section 67201B for nuisance cleared for trash and debris
and section 3.11 permitted uses of the property and the notice of violation the respondent was given until April 8th 2025 to correct the violation is was informed the need to contact Martin County code enforcement upon doing so compliance was not achieved and a notice of hearing was issued by
certified mail on April 22nd 2025 this mark county exhibit for today's hearing. The return receipt was delivered on April 28th, 2025 in this smart discount exhibit 9. No call letter has been received by the prop um from the property owners are
received in time allowed. Therefore, I went to the property again on May 20th, 2025 and saw that decided violations had not been corrected. At the time, I photographed the property. The photographs accurately show what I saw then as spark discount exhibits 10, 11, 12, 13, and 14. So this is as of
yesterday, exhibit 10. Grass has started to grow back over the dirt. Exhibit 11, but storage of items is still there. Exhibit 12. Uh, I did not see any heavy equipment on the property. So, I did comply that violation, but I still
have storage and unpermitted use for the prop and the unpermitted usage of the property. Okay. 13 and a side shot is basically showing material stored. I requested all the counties
exhibits be received in evidence. Based upon testimony and the evidence, I request that the respondent Jonathan Eaton be ordered to comply with the Senate provisions of the Martin County Code by June 30th, 2025 and if not in compliance by then be requested to pay a fine in the amount of $100 per day until the violations $100 per violation per day
until all violations are corrected. The county's incurred the cost of $575 conducting this investigation. And that concludes my testimony. Okay. All right. Um, gentlemen, whoever is going to speak, come on up.
Um, real quick, I don't I'm not Jonathan and Jonathan anyone able to make it today. I just know you Yeah, I I understood that you're representing him. Okay. Okay, that's okay. You got to come to the Thank you. If you raise your right hand, do you swear or affirm the
testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So, I hope you got it. All right. And your full name, sir? Benjamin Drew Heimenez. J I M E Z. [Music] Benjamin and I'm sorry, spell it again.
J I M E N E Z. All right. And um Mr. Menz, what is your uh affiliation with Mr. E? Me and John have a company called Drew Eaten Construction. Um that's this is the first house we're going to be building here inside Cobblestone. Okay. So you're
a a partner of his in the construction company. Yes. Got it. Okay. That's that's fine. And um so let's see. You saw the evidence that the county presented. Any any problem with any of that? Okay. So
without objection, I'm going to accept that evidence. an issue with with the material being there cuz I from from what I gather from what John was reading and kind of what I read of whatever it was just the commercial equipment. I understand that that equipment was dropped off premature and then I guess
they decided they were just going to scrape scrape the grass the the lots already all all the lots in there are all cleared. Yes. Basically. So he scrap he scraped the grass and he built the temporary driveway for the Yeah. And I
think that's the the issue. He jumped the gun. Uh, no permits and there was an active building permit on the property, there wouldn't be any issue. I'm not arguing that yet. Okay. Yeah. Yeah. And I think that's really the entire issue because uh if it's an active
construction site, you can have materials, you can disturb the soil, you can fill you there's a lot of things that go along with that permit. So, he just jumped the gun. I've received
uh I received a building permit number now for that property. I don't know if you guys want that or not. So, I don't know if that makes a difference or not. Well, have you have you actually obtained the permit? I haven't picked the per permit up yet, but I was emailed
a per permit number and I was and and I believe I got to pay I got to pay for trash or something like that. All right. So, it's I haven't physically picked it up yet. It's not a complete act yet. So, as soon as you get the permit and make
sure that officer counselor knows about that and can access it and and he can do that online, but but but definitely you need to complete that action and I would tell you in the future.
No, I you just got to do that uh as a matter of business practice. I mean, first comes the permit, then comes the construction. Your honor, if I might jump in for a second. Um, staff check the records. It's an application
that was submitted yesterday. Okay. That's all that's been done just now. And that's fine. I It's not a completed action is and and fine. That's good that you applied and you got to go through the process where
they're going to look at the plans and then they'll approve the permit. So, do you who has the contractor's license? Uh, it's it's under under me. I'm the CBC holder. Yes, sir. Okay. All right. So, so I mean, as
the contractor, you know, not going to what the obligation is. Okay. I'm not even disputing. All right. So, I I'm not even gonna go there with you because you know better. Okay. All right. So, um
uh it sounds to me like the county has asked until June 30th. You probably can get the permit by that time. So, all right. So, without objection, I accepted into evidence the county's exhibits 1 through 14. Based upon your testimony, sir, and and officer counselors, I'm
going to find that a violation does exist on the property. I'm going to order you to comply on or before June 30th, 2025, failing which there'll be a fine in the amount of $100 per day. And I am going to award cost in the amount of
$575 to be paid to the county at the conclusion of the hearing. So that's basically the cost of jumping the gun and 100%. Okay. Um, all righty. So, word to the wise, don't do
it again. Understood. Thank you so much. All righty. Take care. Good luck. Um, okay. We've got uh the Torres case is yours, Officer Castler. We'll go back up to the top. Okay. All right. And that
is case number ENF 2025 010595. Noel Torres is the respondent looking out. I don't see anyone in the audience. So therefore, Mr. Torres is not here. Uh
but he he I did meet with him this morning. He did sign and pay for stipulation agreement. Okay. Very good. It's not on I didn't note it that on my docket, but that he just he just completed the process 8:30 this morning. So that that works. Okay. So what have
we got there? Basically, it's a building without a permit case and as I stated, um my name is Chris Council. I've been sworn in code compliance investigator for Martin County, Florida. Respondent Noel Torres is not present, but he did sign a stipulation agreement. This case concerns the property at 1118 Southwest
Buckskin Trail located within Stewart, Florida, located within Martin County. This case was not generated from an anonymous complaint. According to the official records of the property appraiser, the the property owner is Noel Torres, which is county exhibit one. Okay. December on December 4th, 2024, I
inspected the property. At the time, I observed a carport structure built with no permit. At the time, I figure out the properties figure accurately show what I saw then, which would be count exhibits two and three. structure in question. Exhibit three.
Okay. And exhibit four will be a permit history of the property showing no issue permits for a miscellaneous structure. Based upon the investigation, they issued a notice of violation to Noel Torres on January 28, 2025. Marked as county exhibit
5. In the notice of violation, he was given the compliance. Um, he was cited for 105.1 section as adopted by section 21.1 to get a permit for the carport structure, remove it. And the notice of violation who was given till February 27th, 2025 to correct the violation.
Compliance was not achieved and a notice of hearing was issued by certified mail on April 23rd, 2025, which is county exhibit 6. Uh, an amended notice of hearing was issued by certified mail on May 6, 2025 as March County Exhibit
7. Basically, I had to amend because um it was still shown up the previous trust that was the property. So, I amended that to just um Mr. Jose Torres. The return receipt was not received. So, on May 8th, I posted the property photo of the posting
aff. That's my posting for today's hearing and exhibit nine. As of yesterday, the the structure still existed and the permit has still not been issued. But I did meet with Mr. Torres this morning. He did pay the $350
and uh signed a stipulation agreement basically giving him until September 1st to obtain a permit for the structure or remove it. If not compli um based upon testimony evidence I request that the respondent Noel Torres be ordered to comply with the cited provisions of the
Martin County code by September 1st 2025. If not in compliance by then be required to pay a fine in the amount of $100 per day until the violation is corrected and as stated the $350 to enter into the stipulation agreement has been paid. Okay, good. And let me just
quickly read through Okay. All right. So, without objection, I'm going to accept into evidence the county's exhibits uh 1 through 11 in this case. And based upon the evidence, the stipulation and your testimony this
morning, I'm going to find that it is appropriate to enter the agreed order. And I note for the record that uh No Torres has signed on behalf of himself as have you, officer counselor on behalf of the county. And um and I'm going to
order him to comply before September 1st failing which there'll be a fine in the amount of $100 per day. And note that uh $350 in cost has been paid to the county. Thank you. Okay. Thank
you. All right. Uh let's see. The next one is uh Officer Switzer. There you are. I'm here. You're right there and you snuck in. Or maybe I just wasn't paying attention. Uh the case is the SGK Land
LLC case. It's ENF 202530273. And officer Switzer, if you raise your right hand, do you swear or affirm the testimony about to give will be the truth, old truth, and nothing but the truth. So, I hope you come. I do. Okay. Let's see. Whenever you're ready. Okay. My name is
Kelly Switzer and I have been sworn in. I'm a code compliance investigator for Martin County. The respondent SGK Land LLC is not present. This case concerns a property at 8456 Southeast Bridge Road, Hope Sound, Florida 33455. This case was not generated from
anonymous complaint. According to the official records of the property appraiser of Martin County, the property owner is is SGK Land LLC. A copy of the property appraisers record of ownership is county's exhibit 1. On March 20th, 2025, we received a
case for an expired permit application for a new fence. The expired application letter was sent to the contractor on file and is marked as county's exhibit 2. On March 20th, 2025, I went to the property and saw that the fence had already been installed. At that time, I
photographed the property. The photograph accurately shows what I saw then as marked as county's exhibit 3. That's the fence that was installed. It's a big property, so there's more sections, but okay. Based upon the investigation, I issued a notice of
violation to SGK Land LLC on March 24th, 2025. The notice of of violation is marked as county's exhibit 4. In the notice, I cited the following Martin County Code violations. Section 105.1, Florida Building Code permits
when required incorporated by section 21.1 general ordinances Martin County Code. In the notice of violation, the respondent was given until April 21st, 2025 to correct the violation and was informed of the need to contact Martin County code enforcement upon doing so.
Compliance was not achieved and a notice of hearing was issued by certified mail on April 24th, 2025 and is marked as county's exhibit 5. [Music] Okay. The return receipt was not received. Therefore, I posted the property and at the Martin County
Administrative Building. The posting and the affidavit of posting is marked as county's exhibits six and seven. There's my posting and my affidavit. the the office manager for the property and I who were in communication regarding the permit
application and a stipulation was offered was was offered at that time. The email regarding the stipulation is marked as county's exhibit 8. There's two pages. If you go to the very bottom, that's where it starts on the
second page. Wait a minute. I'm I'm unfortunately I'm back on exhibit seven and this one looks like it's a different case. Oh, I see that. Okay. Can So, I'm I'm going to see if
she can pull up the the correct one. Okay. All right. So, we'll just pass that for now. Let's look at eight is the Okay. So, you're uh in contact with Lee Barton, the office manager, correct? [Music]
Okay. And where did that um Well, um she said she was going to come in and do a sign the STIP. The the owner was going to come in and sign a stip. and basically no further communication from the property owners representatives have taken place since. Therefore, I went
back to the property on May 20th, 2025, found the fence was still installed and the photo of the fence installed fences marked counties exhibits 9 and 10. Okay. So, radio silence between Thursday, May 8th, and yesterday until now. Yeah,
correct. Okay. Nothing. Nothing. Okay. I also conducted a record search of the property. The permit application is still in expired status and no alternative compliance has been applied for. A screenshot showing the record is the record is marked as county's exhibit
11. All right. It's just expired application and then there's no uh nothing in there for the alternative compliance which what they were wanting to apply for. I request that all the county's exhibits
be received into evidence and based upon the testimony and evidence, I request that the respondent SGK Land LLC be ordered to comply with the cited provisions of the Martin County Code by June 30th, 2025, and if not in compliance by then, be required to pay a
fine in the amount of $100 for every day the violation continues thereafter. The county has incurred a cost in an amount of $575 conducting this investigation and requests that the county be reimbursed. this reimburse this amount at the conclusion of today's hearing. Okay.
Anybody here on behalf of SGK Land LLC? Looking out, seeing no one. Uh without objection, I will accept into evidence the county's exhibits 1 through 11 in this case. Based upon that evidence and your testimony, I'll find that a violation as charged does exist on the
property and order compliance on or before June 30th 2025 failing which a fine in the amount of $100 per day will occur. A further award cost in the amount of $575 to be paid to the county at the
conclusion of this hearing. Thank you. You're welcome. Thank you. I This is one of those I think head in the sand cases. I mean, they knew about it. They were in contact with you and then nothing and
then nothing. Well, I guess Mr. Kever. We'll have to take care of it. Okay. Uh let's see. Next case. So, all right. Miss Espott, you're going to testify. It's case number two
202420124-01 and it's the Cleo Moore estate and uh officer Espiano, if you raise your right hand, do you swear a firm testimony about to give will be the truth, the whole truth and nothing but the truth. So, I'll help you go. I do. Whenever you're ready. My name is Maria
Espia and I have been sworn in. I'm a code compliance investigator for Martin County. The respondent more Cleo W. Estate is not present. This case concerns a property at 2495 Southeast Carol Street in Stewart, Florida and
Martin County, Florida. This case was not generated from an anonymous complaint. According to the official records of the property appraiser of Martin County, the property owner is more cleo W. Estate. A copy of the property appraisers record of ownership
is counties exhibit one. On December 10th, 2024, I inspected the property. At that time, I observed trash and an RV that had connections to it and appeared to be occupied. At that time, I photographed the property. The
photographs accurately show what I saw then, and I marked this county's exhibits 2, three, and four. Two um shows there's trash over here, some here in front of this RV, um trailer, I'm sorry. Three is the RV with the hookups and
more items surrounding it and for a different angle. Based upon the investigation, I issued a notice of violation to the owner on December 17, 2024, marked this county's exhibit 5. In the notice, I cited the following Martin County Code
violations. Section 67.201B, nuisance, declared trash, etc. General Ordinances Martin County Code and section 3.201.C.2.H accessory uses by zoning district land development regulations Martin
County Code. In the notice of violation, the respondent was given until January 2nd, 2025 to correct the violation and was informed of the need to contact Martin County Code Enforcement upon doing so. compliance was not achieved and a notice of hearing and a notice of hearing for the
March hearing was issued by certified mail on February 6, 2025 and is marked as county's exhibit 6. On March 6, 2025, I went to the property again to try to make contact with the owner. I spoke to the tenant on site and while there, I noticed work
being done without a permit. She allowed me access into the home and I confirmed that new windows were installed and the framing around the windows was also changed. The exterior sighting you will see on the pictures was decorative and was only placed over the original walls and did not require a permit. The tenant
also allowed me in the RV and I was able to confirm that nobody was living in it. The new violation photos are marked as counties exhibit seven and eight. Seven is the exterior. You could see that there's still um behind it the
the regular normal walls that were there is just decorative. Here's the new framing. And this is the inside view. Okay. Therefore, I amended the notice of violation to include section
105.1 permits when required incorporated by section 21.1 and remove the RV violation. On the notice, on this notice, the new comply date was of April 14, 2025. The amended notice of violation is
marked as county's exhibit 9. On April 6th, 2025, I sent by certified mail and regular mail an amended notice to appear for today's hearing marked as county's exhibit 10. The return receipt was not received.
Therefore, on April 29, 2025, I hand delivered the hearing notice to Cleo Moore II. Okay. And that is exhibit number 11, the
affidavit of hand delivery. Okay, got it. Therefore, I went again to the property on May 20th, 2025 and saw that the cited violation had not been corrected. The trash violation was
corrected, however, and the RV was already removed. Counties exhibits 12 and 13 show that it the trash was picked up. the RV's connections remained off and 13 just another view that there was no more
trash. So, we're down to the window permitting. Correct. Okay. And the permit history is counties exhibit 14. I requested all the counties exhibits be received into evidence. Based upon the testimony and evidence, I request
that the respondents be ordered to comply with decided provisions of the Martin County Code by June 30th, 2025, and if not in compliance by then, be required to pay a fine in the amount of $100 for every day the violations continues thereafter. The county has incurred a cost in the amount of $575
conducting this investigation and request that the county be reimbursed this amount at the conclusion of today's hearing. Okay. Um, no one here on behalf of the Cleo W. Moore estate. Looking out, seeing no one. Uh, without
objection, I'll accept into evidence the county's exhibits 1 through 14 in this case. Based upon that evidence and your testimony, I'll find that a violation of section 105.1 of the building code uh does remain on the property and uh order
compliance uh on or before June 30th, 2025 failing which a fine in the amount of $100 per day will acrue and I'll further award costs in the amount of $575 to be paid to the county at the conclusion of this hearing.
And I'm going to remove the trash violation. Thank you. Okay, takes care of that one. Uh, next is Mr. Bradley. You're up. Yes, sir.
It's u This is the Schwarz case. Uh, John R. and Jamie M. Schwarz. It's case number ENF 2023 070625-01. And if you'll raise your right hand, do
you swear or affirm testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So hope you got I do. Okay. What have we got? This is a fine reduction stipulation. Yes. Okay. My name is Rachel Spradley and I've been sworn in. I'm the nuisance abatement coordinator
for Martin County. This case concerns the property located at 9292 Southeast Duncan Street, Hope Sound in Martin County, Florida. On November 15, 2023, a stipulation and agreed final order was issued by the code enforcement magistrate to John R. Schwarz and Jamie
M. Schwarz for section 105.1 FBC permits required when incorporated by section 21.1 general ordinances Martin County code. So, exhibit one is the property appraiser showing that the Schwarzes are the property owners. Okay. Exhibit two
is the original stipulation and agreed final order that was signed and put into place. And then exhibit three is the affidavit of acred fines, which I'll get to here for you. Compliance was required by January 31st, 2024. On April 18th,
2025, an affidavit of comp compliance with acred fines was issued reflecting an outstanding fine in the amount of [Music] $4,000. Pursuant to section 1.98B, general ordinances, Martin County Code, no code enforcement lean shall be reduced to a value less than 10% of the
total fine amount or 10% of the value of the property, whichever is less. A portion of the lean attributed to the cost shall not be subject to reduction. Staff has determined that a lean reduction is warranted. the respondents who were responsible for the violation and they brought the property into
compliance and had offered to pay $400 to resolve the outstanding fines which have occurred which they had already paid their $350 stipulation fee at the time that was put in place. Okay. Okay. So, those are my or that concludes my
testimony and then exhibit four is just the reduction request that we received. All right. Now, um you've explained to me early that this is different because of the fact that the county commission has um has
amended the code to allow the magistrate to actually execute on these uh stipulations and agreed orders rather than have it be a recommended order back to the county commission. I guess my question is, has
they have they tendered the $400 or no? No, they have 30 days to make payment after you sign. I'm reading that in the order. Okay. And failing which then the fine reverts to the 4,000 which Yes, sir. which is appropriate. Okay. All right.
So, um, based upon your testimony and the stipulation which is now signed by John R. Schwarz and Jamie Krisk, K R I S
K. Um, assuming that's is or was Mrs. Schwarz at the time. I'm assuming. Yeah. Exhibit four, your honor, says Jamie Chris, formerly known as Schwarz. Ah, and it's from her attorney. So, okay. All right. Good. And
I'm sorry, that's uh Thank you. Yeah, I'm looking at exhibit four. Okay, good. I'm going to go ahead and approve the agreed order in this case. And that's good. Okay. Only taken us 20 years to get
here. All right. So, uh, next is a um another stipulation uh for fine reduction with McDonald's Corporation. and it's case number ENF 202390258 and whenever you're ready. My
name is Rachel Spradley and I've been sworn in. I'm the nuisance abatement coordinator for Martin County. This case concerns the property located at 2900 Southwest Martins Boulevard in Palm City, Florida. On February 21st, 2024, an order finding violation was issued by
the code enforcement magistrate to McDonald's Corporation for section 105.1 FBC permits when required incorporated by section 21.1 general ordinances Martin County code. So section or exhibit one is the property appraiser
showing that McDonald's is the owner. Exhibit two is the original order that was put in place. Exhibit 3 is the affidavit of a compliance with acred fines. Compliance was required by March 29th, 2024. On
January 29th, 2025, an affidavit of compliance with acred fines was issued reflecting an outstanding fine in the amount of $30,400 plus cost in the amount of $575. Pursuant to section 1.98B, general ordinances Martin County
code, no code enforcement lean shall be reduced to the value less than 10% of the total fine amount or 10% of the value of the property, whichever is less. Staff has determined that a lean reduction is warranted. The respondents were responsible for the violation and they brought the property into
compliance and have offered to pay $3,97.50 to resolve the outstanding fees which have acred. And that concludes my testimony for this one. And exhibit 4 is the reduction request that we received.
All right. So without objection, I'm going to accept in evidence exhibits one through four in this case. Um, based upon the evidence, your testimony, I'm going to find that it is appropriate to reduce the fine. And I'm
wondering what transpired. Do you know why it took them what, nine months or so to So, they installed an air conditioner without a permit and somebody in their office, I guess, dropped the ball with the permit to get
the inspection. So they hired this lady named Kim and she literally had it done in three days, but after it ran all these fines. All right. But still, nonetheless, it was
their fault for not doing it. Okay. All right. All right. So, so based upon the fact that it looks like it was more accidental than anything, um I'll find that it is appropriate to reduce the fine to
$3,97. Let me just see. It is signed by Jack Wgler, the development director for the McDonald's Corporation, as well as yourself on behalf of the county. And again, they have 30 days within
which to pay the fine or it reverts to the original amount. Yes, [Applause] sir. And there is a power of attorney granting Mr. Waggler authority to um to
execute the agreement. Okay. Actually, I'm going to enter that as exhibit five. Okay. Okay. Just one other thing. Let me just check. Okay. All right.
Um, next one also a stipulation. This is um case number ENF 2024 1099 Aaron and Jennifer Wesac. And this is an amended stipulation and agreed final order. And
what have we got here? My name is Rachel Spradley and I've been sworn in. I'm the nuisance abatement coordinator for Martin County. This case concerns the property located at 1582 Northeast Morin Court, Jensen Beach in Martin County, Florida. On November 5th, 2024, an
inspection of the property was performed by Officer Bush and it continued until May 21st of 2025. The respondents originally entered into a stipulation agreement um with the county that they would bring the
property into compliance. And this is the original stipulation agreement. They had until May 30th of 2025 to get their permits. They uh have run into a couple of snags on getting the permits issued.
So, the county entered into an amended stipulation agreement with them and are now giving them until July 31st of 2025 to get their permits issued. Um and they have also paid the additional $350
for the um amended stipulation agreement that we entered into. So, and sorry I went out of order on you, but the property appraiser is exhibit one showing that um Aaron and Jennifer Wasac are the property owners. All right. And then exhibit three was the request that
we received from Aaron for the um extension. Okay. All right, good advice. Don't contact the [Laughter] magistrate. I We all know the me the
WJack family, so it's that's not an issue. But I because I see the county attorney also calls him by first name and Okay. Very good. All right. Um, so without objection, I'll accept any
evidence counties exhibits one through three in this case. And um, note for the record that uh, this is really an extension
until July. It is until July 31st. I'm trying to spot it. It's in uh, number four. And number four, got it. July 31st. All right. Uh, so based upon the
evidence and your testimony, I'm going to find that it is appropriate to enter the amended stipulation and agreed final order. Note for the record that U. Aaron and Jennifer Wesac have executed the agreement as have you on behalf of the
county and it is so ordered. Okay. Um let's see. Oh, Officer Bush, there you are. If you'll raise your right hand. Do you swear a firm testimony about to give
will be the truth, the whole truth, and nothing but the truth? So, off you go. Yes, sir, I do. All right. And this is case number ENF 20242036. Susan K. Smith is the respondent. And whenever you're ready.
My name is Tamika Bush and I have been sworn in. I'm a co-compliance investigator for Martin County. The respondent, Susan K. Smith, is not present. The case concerns the property at 2813 Northeast Spruce Ridge Avenue in Jensen Beach, Florida
34957 in Martin County, Florida. This case was not generated from an anonymous complaint. And according to the official records of the property appraiser of Martin County, the property owner is Susan K. Smith. Okay. A copy of the property appraisal
record of ownership is county's exhibit 1. On December 27th, 2024, I inspected the property and at that time I observed an expired permit for installation of a PA driveway which is now in compliance. Installation of a 4ft fencing in the
rear, a mini splint unit installed with no permits. At that time, I photographed the property. The photographs accurately shows what I saw then and is marked as counting exhibit two. All right. What are we looking at there?
These are the mini splits that were installed prior to permit. And this is the fencing that was placed in the bag. Okay. And the notice of violation the respondent was given until I'm sorry based upon the investigation. I issued a notice of violation to Susan K. Smith on
January 22nd, 2025 and it's marked this countyy's exhibit 3. In the notice, I cited the following Martin County Code violation. Section 105.1 FBC permits when required incorporated by sections 21.1 general ordinances of Martin County
Code. In the notice of violation, the respondent was given until February 21st, 2025 to correct the violation and was informed of the need to contact Martin County code enforcement upon doing so. An amended notice of violation was mailed on February 26 and is marked
as county's exhibit 4. citing sections 105.1 FBC permits when required incorporated by sections 21.1 giving the respondent until March 27th, 2025 to correct the violation and including an additional permit
installation of windows that have that hadn't expired. Okay. And you say they did renew that expired permit for the pavers? The one for the pavers? Yes, sir. And then they had an additional one for windows. Okay. Compliance was not achieved and a notice
of hearing was issued by the certified mail on April 7th, 2025 and is marked as county's exhibit 5. The return receipt is marked as county's exhibit 6. The property and county administration was posted on May 7th,
2025 and is marked as county's exhibits 7 and 8. And that's showing that the mini split still exists at that time and the affidavit of posting is smart county exhibit 9. Okay. There has been no call or letter
from the property owner within the time allowed. I attempt to call the owner at the number listed on the permit and no voicemail was set up. I also attempt to email the email that was included in the permit and was unable to contact
anyone. Therefore, I went to the property again and checked the permit screen on May 20th, 2025 and saw that the sighted violation had not been corrected at that time. I photographed the property. The photograph accurately shows what I saw then is marked as county's exhibits 10 through 13. Exhibit
10 being the permit screenshot and this indicates that there is no permit for the installation of the mini split units and the expired permit still exists for the windows. Okay.
Exhibit 11 is the front of the property. Exhibit 12 showing that the violation still remains. All right. And a close-up picture of the fence. Did they fix the fence? Get a permit for the
fence? What did they do there? No, it just still remains. There was never a permit for it. Okay, got it. All right. At at this time, I request that all the county's exhibits be received into evidence based upon the testimony and evidence. I request that the respondent, Susan K. Smith, be
ordered to comply with the cited provisions of the Martin County Code by June 30th, 2025, and if not in compliance by then, be required to pay a fine in the amount of $100 every every day for the violation as it continues thereafter. The county has incurred a
cost in the amount of $575 conducting this investigation and request that the county be reimbursed this amount at the conclusion of today's hearing. All right. Um, so to be clear, we've charged her
with um requiring permits for uh the expired window permit uh and to obtain a permit for the two mini split AC units and for the four foot fence in the rear of the
property. So, it's actually three total violations. Yes. one code section though. Got it. Yep. Okay, I'm good. But I just wanted that on the record for clarity. Okay, so without objection, there's no one here. I'm looking out. No one here on behalf of Susan K.
Smith. Uh seeing no one uh without objection, I'll accept into evidence the county's exhibits 1 through 13 in this case. Based upon that evidence and your testimony, I'll find that violations of section
105.1 of the Florida Building Code do exist on the property, three of them, and order compliance on or before June 30th uh 2025, failing what you'll find in the amount of $100 per violation per day
will occur. and I'll further award costs in the amount of $575 to be paid to the county at the conclusion of this hearing. Thank you, Special Magistrate. Thank you. Okay. All right.
Um, looks like last case. Okay. This is case number ENF205 020048 and uh, the respondent is Tara Geral revocable trust uh, by Tara Geral
trustee. Okay. And again, whenever you're ready. My name is Tamika Bush and I have been sworn in. I'm a co-co compliance investigator for Martin County. The respondent Tara Geral revocable trust and trustee is not present. The respondent has entered into
a stipulation of agreement. This case concerns the property at 1000 Northeast Key Drive in Jensen Beach, Florida 34957 in Martin County, Florida. This case was not generated from an anonymous complaint and according to the official records of the property appraiser of
Martin County, the property owner is Tara Gerald Revocable Trust and Tara Gerald as trustee. A copy of the property appraisers record of ownership is county's exhibit one. Okay. On February 4th, 2025, I inspected
the property and at that time I observed an accumulation of overgrowth, garbage, trash, debris, and unsightly materials. At that time, I photographed the property. The photographs accurately shows what I saw then and is marked as county's exhibits 2 through
six. Exhibit two is the front of the property, which also exhibits some overgrowth and items stored in view there. in the front of the area. Exhibit three, an additional p photo of the front of the
property. It does not clearly shows the doorway, but it's just to give you a complete view of the front of the property. All right. Exhibit four shows another side of the property which exhibits unsightly
material stored on top of the shed, uh, garbage, trash, junk, and debris, and the overgrowth in one photo. Okay, exhibit five is just another angle of the same violations and exhibit six being the same. Based upon the investigation, I
issued a notice of violation to Terrell Gerald revocable trust and Terra Gerald trustee on February 5th, 2025. I marked this county's exhibit 7. In the notice, I cited the following Martin County code violation. Section
67.201A, nuisance declared, weeds undergrowth, general ordinances of Martin County Code. Section 67.201B, nuisance declared, trash, etc. General Ordinances of Martin County Code. In the notice of violation, a
respondent was given until March 7, 2025 to correct the violation and was informed of the need to contact Martin County code enforcement upon doing so. Compliance was not achieved and a notice of hearing was issued by certified mail on April 11th, 2025 and it's marked as
county's exhibit 8 and the return receipt was received and marked as county's exhibit 9. The property was posted on May 8th, 2025 and is marked as county's exhibits 10 and 11. Did you note any change then or no? No sir,
it's still the same. You can actually still see the violations in the photo. Okay. And um the vehicle it is the home occupied? I believe it's a renter because the owner of the trust signed the
stipulation. Yeah. Okay. Yes, sir. All right. Go ahead. And the affidavit of posting is smart counties exhibit 12. Therefore, I went to the property again on May 20th, 2025 and saw that the
sighted violations had not been corrected. At that time, I photographed the property. The photographs accurately shows what I saw then. And it's marked counting exhibits 13- 17 showing the exact same thing of the property. This being the front view of
the property. 14 being the side view. 15. Showing another angle of the property where there's still items and unsightly material on the sheds,
16, and this is 17. At this time, I request that all the county's exhibits be received into evidence. On May 20th, 2025, Terrell Gerald, trustee signed a stipulation of agreement agreeing to come into compliance by July 31st, 2025 and paid
the administrative fees of $350. Okay. All right. So looking at the stipulation. Okay. So she's going to cut and mow and get rid of all the overgrowth and remove all the trash and debris. Unsightly materials signed by
Tara Geral trustee and officer Bush. You've signed it on behalf of the county. I am going to find that it is appropriate to enter into uh the agreed order in this case and
uh which does order compliance on or before uh July 31st. I'm also going to accept into evidence counties exhibits 1 through 17 in this case and uh note for the record that
$350 has been paid to the county in cost. Okay. Thank you, Special Master. All right. And um the the county staff did furnish me with um copies of the
draft minutes for the April uh code hearing. I started to review them, but I have not completed them. So, I'm going to I'm going to defer that to the next hearing. Um and then hopefully we'll take up both the April and the May um
minutes and get those approved. And uh let's see the next hearing June 18th. I'm sorry, June 18th. 18th. Okay. So the next hearing is June 18th here in Chambers. We will hopefully see you all then. Thank you. We stand adjourned.
Thank you.