e e e e e e U special magistrate hearing for Martin County for February 19th 2025 at uh 901
a.m. and if you'll please arise join me in the Pledge of Allegiance I pledge ALG to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible liy and justice for all okay please be
seated got a couple of cases that I'm going to take uh early on uh because we've got either folks here or um a lot of staff so the first case is
um a uh GMD case and looks like we've got a crowd of folks here that are going to testify okay all right this is pcg4 LLC it's case number GMD 2024
10215 and Mr Mitchell you going to lead us off yes good morning your honor all right good morning if you raise your right hand and actually you you can all do that sir please I will uh do you swear or affirm the testimony about to give will be the truth the whole truth and nothing but the truth so help you go
I do I do okay when whenever you're ready we have Alise a deputy County attorney Alise Elder here on our behalf as well I have uh Linda Lindy lar she is an environmental planner with the growth Management Department environmental division morning L Miss lar and Daryl
duoo is the Environmental administrator for the growth management environmental good morning Mr BL okay so what have we got okay my name is Jerry Mitchell and I have been sworn in I am a senior site compliance officer for Martin County the respondent pcg2 4
LLC is not present this case concerns the property located at 2363 Southwest carage Hill Terrace Palm City and Martin County Florida and this case was not generated by anonymous complaint according to the official records of the property appraisers of
Martin County the property owner is pcg2 24 LLC a copy of the property appraisers record of ownership is marked as County's exhibit one okay an aerial view of the subject property is provided on this 2024 aerial
map image and is marked as County zivot 2 so the golf course uh it's PCG 24 LC is a golf course Palm Co golf course and everything inside the blue is the golf course we're going to be presenting today all right
I'd like to provide some background information before I proceed on December 9th 2005 a notice of violation was issued to the previous C Golf Course owner on for unauthorized alterations to protected Upland and Wetland preserve
areas as well as planted habitat areas within and around the golf course Lakes the re this resulted in a stipulation agreement with the county the stipulation and agreed final order was approved by the code enforcement Magistrate on June 21
2006 the recorded stipulation and agreed final order is marked as Cy's exhibit three so the top of page here is the recorded showing the recordation can you recordation okay and it was to Palm C
Golf Course llc at that time okay page two is go up Daryl please NOP page two shows where the magistrate had signed it excuse me long time ago
okay and now we're going to go to the exhibit B the stipulation required a revised preserve area management plan or pamp for The Preserve pres for the preservation areas and the 14 Lake habitat areas to be protected and
maintained on the golf course as prescribed in exhibit B so exhibit B was the compliance requirements that was required back in 2006 when the stipulation was agreed the
Revis I'll pause for a second here okay I'm good okay the revised pamp was approved in May 2007 for the golf course Property Restoration plans for The Preserve areas and lakes were approved with compliance monitoring was
conducted for a 5year upon completion of the restoration activities the site plan provided with the revised Golf Course pamp details the locations of the preserved areas and Lake habitat areas and is marked as
count exhibit 4 what you're seeing here is the site plan has been highlighted to identify the protective wetlands in green Upland habitats in brown and Lake habitat areas in
blue I'm looking at green and yellow the blue is around the legs it's kind of light I apologize he was asking about the yellow oh I'm sorry yeah what you're seeing is yellow is what we called brown but those are the Upland habitat areas on the golf course
okay the habitat restoration plan approved D in 2008 for the golf course preserved areas and lakes is marked as County exhibit 5 this restoration plan identifies the areas that were restored as habitat Upland habitat is where the
arrow is now that's the hatched area yes yes so all these marked up areas were restored thousands of plants were planted the lake habitat areas include tals within the lakes and Upland habitats created around the Lakes this
plan was an as built of the 2008 restoration and includes the quantities of plants established I count of, 1500 SoDo a lot of plants a lot of plants on here so in this exhibit you can see
areas of what we call the loral Zone within the lake that were planted within the lake and then an Upland buffer area that was planted around the lake as the lake habitat areas so that's identified on this restoration plan and then these
are the uh numerous native plants that were planted throughout the lakes and restored Upland habitat areas at that time okay and that was um satisfactory to the county yes
okay you okay well this concludes the background information in the history of the golf course now 17 years later later we will discuss the and introduce the present day impacts to The Preserve areas and Lake habitats on the golf
course that started on September 18th 2024 and continued as documented most recently as January 30th 2025 a notice of violation was issued for the impacts to the areas and subsequent in impacts have been
documented following the issuance of the notice violation on September 18 2024 the growth Management Department received a complaint from the residents within the Palm Cove Community informing us that clearing activities were occurring within the golf course preserve areas at
Palm Co on that day I conduct I conducted a site inspection of the golf course along with Karen chorome of the growth management department at that time we observed that under story vegetation had been cleared from within the preserved areas directly behind the
golf course cart Barn also we could see additional clearing being cleared on the property we issued a verbal cease and desist order to the crew on site later that same day I contacted Angel Gerson a representative
of from P pcg2 24 LLC by phone reiterating to cease and desist all clearing activities after that on September 24th 2024 a meeting was held with Angel Gerson his golf course architect and his environmental professional during this
meeting we reviewed the locations of the protected preserve areas within the golf course staff reiterated that The Preserve areas are protected under their approved preserv management plan which prohibits the removal of native vegetation Mr Gerson and his
Representatives acknowledged their awareness of the pamp and stated that they would conduct a survey of The Preserve areas they agreed that upon completing the survey the environmental professional would submit a restoration and replanting plan a deadline was given
to 30 days requiring a submission no later than October 245 2024 so at that meeting we gave to October 25th to try to give us something despite this staff received additional complaints on October 9th and 17th of ongoing clearing
activities occurring within the golf course preserve areas therefore on October 18 2024 lendy SAR of the growth Management Department performed a site visit and confirmed that further clearing had occurred within the golf
course property additionally she documented that prohibited clearing was found within The Preserve areas across from the clubhous based upon the investigation and failure to cease all clearing activities in the preserved areas I issued a notice of violation to pcg2 24
LLC on October 24th 4 2024 and is marked as County as if it's 6 let me just ask you do you have an extra copy it looks like you've got a script if I could have that it might be easier for me to read and I'm I'm going to have you speak it into the record but
I just to follow along give that one and we'll share this one a map oh yes we do have a a map we'd like to give you as well it shows the uh the photo locations to give you an idea where we're taking photo well okay it'll help you follow along what they're
saying okay do you is it marked as an exhibit or it will be an exhibit as well yeah we'll introduce that as a key exhibit of the golf course but right now they're using it for demonstrative okay oh you have a second one okay good thank you
[Applause] Sor okay all right go ahead I'm sorry um Mr Mitchell okay no no not a problem in this and in the notice I cited a violations of the approved preserve area management plan found in the pamp
section 4.2 5.2 and 6.0 and 6.1 all right and what's the so the section the section codes that we cited that they are in violation of it section code 10.14 g failure to comply with the conditions of the approved development order Land Development regulations
Martin County Code and section 4.7 violation uh restoration and set aside correction hearings Land Development regulations that's the code sections they violated of the preserv management plan sections that they were in violation of it was the 4.2 the 5.2 The
6.0 and the 6.1 okay I believe that's a little higher isn't it yes so here under so the violation reads what we say they're in violation of specifically of what all right so preser posted with
permanent signs marker boundary markers they didn't they didn't do that or did and they're gone they weren't there they were not there yes sir okay so 5.2 okay thank you okay all right and
then 60 I'm disturbed okay and 61 okay that go ahead in the notice of violation the respondant was given until March 6 2025 to correct the violation and was informed need to contact Martin
County Code Enforcement upon doing so additionally on October 24 2024 I provided a copy of the notice of violation via email to Angel Gerson and the environmental consultant engineering design Construction
Incorporated on October 28th 2024 Angel Gerson acknowledged receiving the notice on that same day Mr Gerson acknowledged receiving the notice staff received another complaint on the property at that time MD staff members
Miss SAR and Miss shome went to the site confirming ongoing clearing activities based upon the ongoing clearing activities and failure to submit a complete restoration and replanting plan a notice of hearing was issued by certified mail on December 9th
2024 for the January 15 2025 hearing and is marked as County Z at 7 okay the return seat was received on December 16 2024 and is marked as count exhibit 8 after receiving the return receipt staff received another complaint on
December 29th 2024 specifically the chemical spraying and removal of Lake vegetation therefore on January 3rd 2025 GMD staff inspected the property to assess the impacts to the lake habitat
areas at at that time we documented the destruction of native Lake vegetation based upon additional destruction of protected Lake habitat I issued an amended notice of violation and notice of hearing to the respondent
by certifi mail on January 16 2025 with a hearing date scheduled for February 19th 2025 and that's marked as County's exhibit 9 so in in in this notice of violation under the specifically part we just added another bullet point to include
that Lake habitats have been uh impacted as well the section code sections are still the same okay except for 8.2 got it yeah we added 8.2 yes sir okay okay as of January 30th 2025 the return receipt was not received
therefore I hand delivered the amended notice of violation notice of hearing to Angel Gerson an affidavit a hand delivery was executed and is marked as County zibit 10 okay okay in summary several complaints were followed by staff site inspections
on the following dates in 20 in 2024 and 2025 on September 18th October 18th October 28th December 17th January 3rd and January 30th the site inspections documented the
continued and cumulative impacts that occur occurred to the preserved and Lake habitat areas following our meeting on September 24th 2024 with the property owners Representatives we have seen heavy equipment repeatedly clearing clearing
the protected areas and have documented impacts to Wetlands Upland preserves and multiple Lake habitat areas on the golf course this is this is the key map a key map exhibit of the golf course has been printed for the magistrate which we had
the Bell just hand you and we also have it marked as County exib [Applause] 11 okay that matches what you have yes sir which both both of them one there there's a there's a north and a South Golf Course the the larger map with the
more lakes and is the north property and the other one's the South property hopefully that helps idid the locations as we present our photos mhm okay the County property appraiser has
historical Bird's eyee aerial property photos on their website County's exhibit 12 is taken from the Property Appraiser's website and is provided to show an aerial view of locations 1 through five as identified on the key map
exhibit the image is dated December 18th 2023 and this is prior to any clearing by the clearing violation so what we're depicting here in this aerial view is that you can see the areas that are in boxed is is Upland habitat areas and we're showing that
they are vegetated in this picture okay on September 19th 2024 I conducted an aerial inspection of the property with the sheriff's Aviation unit and took photographs the photographs accurately depict what I saw as locations once 25 on the key map and
are marked as counties if it's 13 and 14 so in 13 we're just showing how you can see that understory uh clearing has occurred Within These boxed areas these box areas aren't to scale but that is the area of the Upland habitat that is within the preserv very management plan
that has been approved for the site and uh exhibit 14 is just more same am of different angle you can see where again the understory has been removed from here understory
vegetation and was there a requirement that the understory be maintained the in the preserv management it does requir that it be maintained and that but the thing is the importance of it is to retain all Native vegetation okay so so these these Upland
habitat photos that you're looking at like Area 3 and area 2 you're seeing a tree canopy but that's just part of the Upland habitat which also includes understory native vegetation and Native ground cover and in particular there was a Sal Palmetto vegetation established
underneath these uh these trees you see here okay that really is the that really is the the vital habitat where all the animals live they don't live in the trees so much good okay on October 18th 2024 Lindy SAR of the growth management dep Department
performed a site visit and confirmed that additional clearing was occurring within the Southern Golf Course property as reported by the neighboring Community she took an inspection photo of location six to document these impacts to The
upin Preserve as marked as County and is marked as County exhibit 15 in this Flo photo you can see the impacts to The upin Preserve in the South Golf Course where saam which is like I said where really that's the vital habitat that's the longest live plants that's where all the animals nest
and everything has been mechanically removed and shredded I was at the property line between the neighboring Oakridge community that had reported clearing their preserve buts a buts the golf courses and they were the people were calling us a lot about that okay additionally she documented that
prohibited clearing was found within The Preserve area across from the clubhouse identified as photo location 7 and is marked as County zivit 16 you can see where the habitat was removed some of those little plants coming up by the salt pom Meadows and
you can see where they were ground down and the pine trees have been impacted with the branches on the ground so the all the under store was removed an inspection photo of equipment as seen on the golf course at the time is marked as County zit
177 so on that inspection we found this equipment we told them to stop again which they didn't but this is see the grinding blade that's what we think did most of the damage equipment like that you're not allowed to use equipment at all in preserve
areas yes okay right in the subsequent inspection on October 28th 2024 Lindy SAR and Karen shome of the growth Management Department confirmed that clearing had occurred within the Wetland preserve areas on the golf course property County's exhibit 18 is taken
from the proper Appraiser's website and is provided to show an aerial view of locations 8 and n as identified on the key map exhibit the image is dated November 23rd 2023 prior to the clearing
violation an inspection photo of location 8 was taken by Miss SAR to document impacts to Wetland 2 and is marked as County zit 19 in this photo you can see the impacts to Wetland preserve where the native vegetation has been removed by equipment
you can see tracking with heavy equipment and vegetative debris this is a flyover that's allowed to be trimmed by hand to like waste height of the mangrove so they can tea off and hit the other hole but they're not allowed to grind It To The Ground as they did
okay any where you're going to just add here although although Lim determin is authorized in the golf flyover area of The Preserve the alteration and destruction of mangrove trees that were documented in this area do not comply with the scope of trimming activities that could have been permitted a
close-up photo of an impact Mangrove area is marked as County Z at 20 and you can see a mangrove tree pretty good size ground to the ground okay an inspection photo of location 9 was taken on January 30th 2025 by
missar to document impacts to Wetland 2's protected buffer area and is marked as County zibit 21 so you can see impacts to the mangrove and there and the the buffer we have a buffer next to that Wetland and that buffer is all
gone and probably buy heavy equipment again the way the trees are chewed up there on February 12th 2025 I conducted an aerial inspection of the property with the sheriff's Aviation unit and took photographs the aerial photograph actually depicts what I saw and of
locations 8 and n on your key map and is marked as County zit 22 the locations of the Wetland and Wetland buffer impacts from the previous two exhibits are identified on this aerial flight photo where to okay
okay on December 17th 24 Lindy SAR and I performed a follow-up inspection exhibit 23 shows the December 18th 2023 bird's eye view of wetland 5 in adjacent Lake 7 and 8 before clearing
occurred so again it's another bird's eye view before the clearing occurred exhibits 24 and 25 taken by Mr R depic clearing of wetland 5 vegetation with heavy equipment wetland vegetation and Wetland
soil are evident in this photo and it shows impacts as seen as ruts in the soil from the heavy equipment and piles of mulched vegetative debris and now we're looking the other direction over the same Wetland it's a long thin Wetland
there piles of removed vegetation were later seen deposited along the Wetland 5 on January 3rd 2025 inspection and is showing in exhibit 26 just the debris has been just laid there on February 12th 2025 I conducted
an aerial inspection of the property the aerial photograph actually depicts what I saw as location 10 on your key map and is marked as County exibit 27 what this exhibit is doing is just showing the cleared areas along the
Wetland and along around the Lakes as well okay on January 3rd 2025 Lindy Shar and I performed a site visit to document Damage Done to the lake habitat areas clearing impacts were seen throughout all of the lake habitat areas exhibit 28
shows the December 18th 2023 Bird's eyee view where you can see native vegetated areas established around the northern Golf Course Lakes before the impacts occurred exhibit 29 is taken from Lake 9 at
location 11 as identified on the key map you can see the cut and mulch SAA Meadow in the foreground and killed likely chemically sprayed lorals in the background near home loral are the ones in the water the removed vegetation can be seen lying in the lake and decaying
vegetation can negatively affect water quality in The Lakes exhibit 30 is taken from Lake 10 at location 12 as identified on the key map on this Lake and in many of the cleared Lake habitats I observed algal blooms such as you see here so when dead
plants debris enter the water the decaying process removes the oxygen and degrades the water and affects the fish and everything else okay exhibit 31 is taken from Lake 1 at location 3 on January 3rd
2025 as identified on the map you can see again the remnants of the removed sawpa Meadow there were hardly any any left on the golf course and the Lor plants were removed as well 27 days later on January 30th 2025 lindes are our witness equipment digging
up Sal P metal routs around the same Lake depicted as County exhibit 32 I saw a small Bobcat which I have a video of that was digging up and piling up the saow roots this photo depicts further destruction and escavation to
the lake habitats sow can be cut down and sometimes will come back but not D if you dig up the roots it's gone and just to be clear I mean you already had given them a stop work order correct and what was the date of that we
we originally went out there on September 18th and told the crew to stop and the same day I did also had phone conversation with Angel Gerson a representative of pcg2 24 and asked him to cease in to ceasa activity we also
held a meeting with him on September 24th 202 in in our office and again we told him and his representatives of seesaw clearing activities until we get a approved restoration plan from them all right so now we're four months later and they're still Yes we did call
Florida Wildlife commission they went out because I found some gopher tortois Burrows and I was afraid those would be aaed but we okay and we called the the building department was involved because we saw some unpermitted
work in conclusion continued impacts to the northern and southern Golf Course habitats were documented from September 18th 2024 through January 30th 2025 February 12th 25 I conducted an aerial inspection of the copy the aerial
photographs actually depicts what I saw in the northern golf course as marked as County Z 33 just just a good overview of you can see all the lake habitats that's been removed around each Lake it's just reiterating what we've been explaining all through
the other exhibits the U this is exhibit 34 of the Southern Golf Course area where you can see additional impacts in in this location here there's another Wetland area that was uh cut down um flyover
area and you can see other impacts in the Upland preserve here and over here in this photo of the South course and around the lake up here okay I I see the damage do I do we know the when those actually occurred
I mean is it possible that they occurred before the work stop order no well this area in particular here we presented evidence um we received complaints from this neighboring community and I think it was exhibit 6 um that we showed you early on
where where Miss SAR was out because these neighbors were complaining they have a preserve area located here and they they started going in and cutting right next to their preserve and this is part of The Preserve ve in the Southern Golf Course habitat and and what was the
date that we that was that was oberved on October 18th 2024 so after the the work stop order I guess what I'm trying to determine is how egregious is this and I I see it's substantial but I'm trying to determine
how much of it was done after the work stop order was issued they just kept going we would go out there and and the guy would Angel was there and would smile at us and let us use a golf cart but he just they just every they just kept going even though we told him to
stop it seemed like they ignored us totally so from September September 18th were first told to cease but from that date on all of your visits you observed new damage
right okay there was even herb herbicide spraying I couldn't tell for sure if it was on the native plants or just weeds but the the places they had cleared they gone back and I'd seen the die in the herbicide they just wanted to get rid of all that underst story they just in the lorals I mean that we had quite a lot of
upset people anybody here on behalf of PCG 24 LLC nope I had I had conversations with angel I even offered him a STI a pro a proposed stipulation agreement and he never responded and and who is angel
angel gon tells me he is a partner within the PCG 24 LLC Corporation Angel Gerson okay oh um have you done like a sunbiz check
on pcg2 24 LLC I did um in the um I did do a I just I can't recall exactly who was on that at the moment but I mailed the certified mailing and all the mailing went to the correct um mailing
address as per the tax collector's office and the property appraisers okay all right go ahead you can I was goingon to say Mr Geron was very Cooperative very talkative he just didn't tell his people to stop uh the uh the the preservatory
management plan that you have up there the recorded document we don't have it as exhibit in the uh PowerPoint but i' would like to add that as exhibit 35 for the county okay and and these um larger Maps yeah they they were represented as
exhibits okay just just the the recorded pamp was not yeah you're just you're not done go ahead and finish I got to close it out here based upon the testimony and evidence I request that the respondent uh be ordered to comply with the SED provisions of the Martin County Code by the compliance States outlined in the
order if not a compliance by them be required to pay a fine in amount of $500 a day per violation per day two violations if not if the violation continue thereafter the county has incur to cost in the amount of 575 conducting this investigation and request that the
county be reimbursed this uh amount at the conclusion of today's hearing and that concludes my testimony or our testimony at this time okay and uh just for clarity these are in the exhibits yes sir somewhere
okay all right so on the order just real quick um we gave them 90 days to submit to us by May 21 2025 to submit to us a complete restoration and planning plan for all the impacts on the property and that needs to be approved
by that date and finally we gave until another 90 days by August 19th 2025 to completely have it planned and provide us um a bond and and get a satisfactory pass inspection by that august 19 2025
date okay and and what makes you think that they won't just continue to clear these areas that's a good question we don't know it's the one thing I can say is I don't think we've had any new complaints
lately I think they've cleared most of it already they haven't gone deep into the wetlands as far as we know they they've just done all the edges of all the preserves it seems so is the thought that they've done what
they intended to do and that's we can only assume that yeah I did see some non-native plants planted in the edge of The Preserve so I think they just seems like they're going ahead with their they're building a fancy golf club building there they have
statues they have all that under construction the HOA Community is pretty upset with the whole scenario as well okay um my recollection is that when I find that that they've done
um not irreparable damage although that's one of the factors but um where it's particularly egregious and intentional uh that I can actually amp up the the fine uh my inclination is to
do that in this case I think there's enough evidence of that we can car um what I don't recall is exactly what the amounts are um my memory says that it can go up as
much as $5,000 a day but with the initial one it'll be $1,000 a day okay repeat violation would be up to five yes this is not a repeat and you were asking for 500 correct okay for each violation
Y and have you calculated the number of violations two there's two violations that we cited 10.14 G and also 4.7 yes sir all right but there are many examples of each of those yes yeah we
got we got 14 legs worth of it we also have about that number of uh if not more of Upland habitat all right and wetlands I I'm going to find that uh the violations are particularly egregious and substantial
and um impact this this community potentially severely in that case I'm going to find that it's appropriate to um have
a a um fine in the amount of $1,000 per violation per day for continued violation of of the order um and um just to tidy things up I'm going to accept into evidence the
County's exhibits 1 through 35 um without objection since no one's here uh I'm going to find that violations as charged do exist on the property and I'm going to find because of the the egregious nature of the violations that finding the amount of
$1,000 per violation per day is appropriate and I'll order compliance on or before the beginning in May 21st uh 2025 as stated in the draft order and then um and then completion
honor before August 19th 2025 okay yes sir um let's see let me just okay thank you very much thank you thank you I I'm sorry you're having to deal with it and I'm sorry the people of Martin count are having to deal with it
thank you thank you oh you you can go around you go around okay um oh here give you these back too oh one more thing exibit 35
all right um our next case is um the Perez case it's uh enf 2024 06650 and the um respondents are Elaine and julimar
Perez and anybody here you are here okay good um okay the way this works we're going to hear from the county it's a violation case uh at the conclusion of their presentation then I'm going to talk to
you about it I'll swear you in at that point okay you can stand there and look at that monitor or you can sit in that first row and look at the monitor right above you either either way is good thank you okay um let's see I've got a swear in officer counselor do you swear
affirm the testimony about to give will be the truth the whole truth and nothing but the truth so help you go I do all right and whenever you're ready let's see this is 65 uh my name is Chris councelor I've been sworn in I am a co-compliance investigator for Martin County Florida
the respondent Alan Perez is present uh this case concerns the property at 4614 Southwest Citrus Boulevard located within Palm City located within 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 owners are Perez and julimar Perez a copy of the property praise record is County zibit one on July 15 2024 officer Frank Marcos inspected the property at the time he observed unpitted pole barn shed and fence and RV being used for living
purposes at the time he photographed the property the photographs ACC show what he saw then as marked as County Exhibit 2 a screenshot in aerial from 2018 and 2024 showing un permanent structures will be counties exhibits three and four so two um Frank just left a door
tag okay three is in this horseshoe area basically the um the highlighted areas are the unpermitted structures um we have um pole barn and then back here we have a fence and a shed in those areas that's kind exhibit three and
exhibit four is from 2018 showing no structures in the circle up here and no pole barn down in this section down here okay based upon the investigation officer Frank officer Frank Marcos issued a notice of violation to Alan Perez and jul Mar Perez on July 24th
2024 marked as can exhibit 5 and notice and noce he cited the following Martin County code violations section 105.1 Florida building code for permanence required section 32 3.20 one. c. 2.h for RV being used for living purposes
section 123. for local business tax and section 3.11 for permanent uses for uh non-ag use being used on the property uh I guess the initial complaint was that um a van rest uh they
were customizing Vans at the property but I've not had any evidence of that so in notice of violation respondent was given until August 30th 2024 to correct the violation and was informed the need to contact code enforcement upon doing so I took over the case and October of
2024 on October 2nd 2024 I inspected the property at the time I observed the UN perit pole barn the shed and the fence and the RV parked in the back of the property being used for living purposes at the time I photographed the property the photograph ACC showed what I saw then and Mark this County exhibits
6789 go through six is the pole barn in question exhibit seven this is the RV in the back of the property exhibit eight is the fence exhibit nine is another section of
the fence okay uh with a screenshot of the permit history of the property being in County exibit 10 no permits for pole barn accessory structure sheds or fences listed for the property
history uh based upon the investigation I issued an amended notice of violation to Alan Perez and jul Perez on November 20th 2024 mark this County exhibit 11 and the in in the amended notice of violation I updated the codes based on what violations I saw which would be
section 105.1 Florida building code for permits required and section 3.21 c.2 for the RV being used for living purposes and the amended notice of violation and respondent was given until December 20th 2024 to correct the violation it was informed of the need to contact Martin County Code Enforcement
upon doing so compliance was not achieved and notice of hearing was issued by certified mail on January 29th 2025 and is marked as County zibit 12 May notice a hearing for today's date the return receipt was not received so on February 6 2025 I posted the
property a photo of the post in the affidavit posting or mark this County exhibits 13 and 14 excuse me forgot to turn that off okay 13 is the posting on the side
gate and exhibit 14 is my Affidavit of posting no call or letter has been received in time rece uh no call or letter from the property owner has been received in time allowed therefore I went to the property again on February 18th 2025 and saw that decided violations had not been corrected at the
time I photograph the property the photographs accurately show what I saw then and marked us County exhibits 15 16 17 and 18 with a permit history of the property being exhibit 19 so 50 is the pole bar in question at the front 16 the gate still the fence in the gate
in the back 17 the RV still there 18 this is the shed behind behind the camper and exhibit 19 is a permit history showing um no permits for fences
sheds accessory structures or pole barns oh okay just um for the public for you sir this exhibit and the one that we saw before for whatever reason seems to be washing out on the screen but I can see it on the computer so I'm actually
reading it and and can verify that what the officer said is correct although I don't know how you could tell by looking at at the screen that's that's shown there and I know the county is working
on this issue because it didn't do this in the past um requested All Counties exhibits be received in evidence based upon the testimon evidence requested that respond to Alan Perez and jar Perez be ordered to comply with the set Provisions the Martin County Code by March 31st 2025
and if not compliance by then be required to pay a fine in the amount of $100 per day per violation until compliance is achieved the count has incude the cost of $575 conducting this investigation and request that the county be reimbursed this amount at the conclusion of today's hearing and that concludes my testimony all right looking
at exhibit 17 uh how did you determine that uh the RV was being lived in uh basically just the the awnings been up and at different times the antenna's been up but I've had
no contact with the property owner up until today to discuss the violation so okay so no evidence of U power cord or no sir um sewage line or water no picture okay
all right okay um all right sir if you'll raise your right hand do you swear or affirm the testimony about to give it would be the truth the whole truth and nothing but the truth so I hope you go and your full name sir Alan p and your uh address 4614 Southwest
Citrus Boulevard and you're the owner of the property along with your wife is that okay all right so you've heard what the the county has to say um I I think probably the pole barn without the permit is is an easy issue I'm wondering
and and the fence probably as well but uh tell me about the RV what's the situation there the RV we use uh so uh basically a central office for my wife's dog sitting business there's nobody living in there there's no connections on it it's just
basically a place where we receiv received the the dogs and H the dogs during the day while my my wife is doing the baby dog sitting okay so it is occupied yes okay all right I think that
may be an issue as well um let's see a what what do you have to tell me anything I mean uh I understand uh sir the officer Chris I spoke to originally
when I received the complaint back in uh July 15th uh there was another officer I believe he said his name was Marco I tried reaching him then to go about correcting the issues going and I called multiple times he would never give back
to me I spoke to I went into the office one time he told me he was out on the field then the last time I called they told me that he was no longer in the office he was no longer with the county uh that the new officer will reach out to me I've never heard back from uh Mr
Chris until I received this letter in the mail uh about the hearing so I've never had a chance to correct the issues so if we if I could have an additional 30 days I have no problem correcting the issues with the well violations I would suggest to you
that if you are starting from scratch and need to get a building permit for that pole bar it's going to take more than 30 days I'm uh that's the thing that pole bar was there when we purchased a property when did you purchase November 22 uh 20 yeah November
of 2022 and and of course you that praiser shows that that PO Brown was there and you probably realized I don't know whether anybody's told you this but if the prior owner didn't get permit for that structure then you're at risk and
they're supposed to disclose that at closing I believe the the reason is that they had an a exemption prior and might have expired when we took over the property um if it's a building for agricultural
use it could be exempt depending on what's in it but um is there is the there power to that building there's no power but as but all I based it off was this what's currently there's no ad credit on the property existing so I I'd
have to do additional research to see the time frame of when he purchased the property and go back and do that research all right but the fence and the shed um both were definitely built recently under his
ownership yeah so you still are going to have that violation no matter no matter what depending the P the pole barn might depending on how it was done and under what uh use and that sort of thing
may may not require it I think what I'm going to do is um there's enough there I can find the violation I'm going to do that but I'm going to give you a while to comply before a fine kicks in that should give
you enough time to work with officer counselor and the building department to get whatever you need to do and and give them an opportunity actually uh if they can come on the property to make a determination regarding the need for a
building permit for the pole bar which may or may not be necessary and then but for the shed and for the fence those should come out pretty quickly the fence and the shed permits
but then the RV um I don't think you can one you can't live in it and I don't think you can have a commercial use of it uh you know even though it's kind of an auxiliary use but uh even that remains
to be seen because of the new home occupation statues that are correct that are out there so I believe your honor that the uh the ordinance 3.1 defines use of an RV as to not only sleeping but
any occupancy but I don't have the the text of the statute here no and my my recollection is occupancy any OCC doesn't have to actually have to be lived in just any occupancy sleeping would be one in indication of occupancy but but uh but I don't
think you're going to be able to use it unless unless um uh the Florida legislature last year changed the law on home occupation so it's possible but I don't and I don't know the answer to that all right so why I'm going to find
that that um and I'm assuming you don't have any objection to the exhibits that the county presented all right so without objection I'll accept those into evidence 1 through n uh 19 based upon the evidence testimony the officer test in your testimony Mr PR I'm going to
find that violations as charged do exist on the property I'm going to order compliance um I'm going to say uh May 31st and that'll give you hopefully ample time to get all of this straightened out and and figured out if
you don't do that then it will be $100 per violation per day um but I I again hopefully it that all resolves and um the unfortunately there are costs in the amount of
$575 those do need to be paid I mean that's basically for this hearing and bringing us all all here and I I'm sorry that you weren't able to connect but um it it probably would not have mattered under the circumstances I probably
needed to hear this case so those will be awarded to the county and and payable basically at the conclusion hearing so I'm going to go ahead and enter this order but as I said it'll be May 31st not
March and okay all right um do we have a good does officer counselor have a good way to reach you email or text cell phone I will make sure to give them my number give them
all of that before you go and then that way uh you'll be able to connect directly yes and and hopefully um get all of that taken care of absolutely okay and um I can give you a copy of
this order before before you go if if um Miss Bradley will make sure you get that okay just check with her all right um the third case that we're going to take is the SoDo trust
case and it's casf 20241 01018 D1 uh -01 and the respondents are Soo trust and five color FL LLC trustee as trustee
for the Soto trust I'm assuming all right and this is um Miss Bush that's your case yes sir and Sarah if you're here on behalf of the the trust are you the trustee
or my name is Eric a I am the trust I I'm going to swear you in before you do anything let's listen to the county this is is a violation case let's hear from them first and then and then um I'll swear you in and then you can tell me
what you need to tell me okay are you starting the hearing I am starting the hearing okay I object to what the hearing oh okay fine that's that's
your your request is denied Miss bu feel sir quiet quiet or I will okay end the hearing okay that's what I'm asking yeah no Miss bush Okay do you swear or affirm the testimony about to give will be the
truth the whole truth and nothing but the truth so help you guide yes sir I do all right what have you got Miss Bush my name is t Bush and I have been sworn in I'm a co-compliance investigator for Martin County the respondent soo trust is present this
case concerns the property at 1507 Northeast satang 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 Soto
trust a copy of the Property Appraiser's record of ownership is County's exhibit one okay on October 28 2024 the property was inspected and at that time code enforcement investigator observed overgrowth offense and disrepair and inoperable vehicle at that time the
property was photographed the photograph actually shows what was seen then and as Mark this County's exhibits 2 through 4 counting's exhibit two and that's overgrowth and the fence and disrepair counties exhibit
three an additional photo showing additional overgrowth outside of the fence count as exhibit four which includes the overgrowth the fence and the vehicle and the vehicle is well part of
that tree is actually on the vehicle at this time it has complied though okay it is in compliance based on the investigation I issued a notice of violation to sto Trust on November 5th 2024 marked this County's exhibit 5 in the notice I cited
the following Martin County co- violation section 67. 20101 a nuisance declar we and undergrowth sections 21.99 accessory structures sections 91.3 4A generally in operable vehicle
and the notice of violation the respondent was given I'm sorry which is exhibit five and the notice of violation the respondent was given until December 5th 2024 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 December 30th 2024 and is Mark this Count's exhibit six at that time the only remaining violations was SE section 67. 21A the
remaining violations were in compliance the return receipt was not received and the property and County Administration Building was posted on December 30th 2024 and is marked this Count's exhibit 7 and that's the Affidavit of
posting on January 31st 2025 I received an email from the trustee of the property showing that the wrong notice of hearing was placed in the C ified mail regarding the January hearing based on the email and an amended notice of hearing was reissued on January 13 2025
for the February 19th 2025 hearing and it's marked as County's exhibit 8 okay while out at the property add additional violations was found on the same parcel a screenshot of the property
is marked as County's exhibit 9 a permit screenshot of the parcel is marked as Count's exhibit 10 which shows no open open permits or um any fencing permits well there is an expired permit is that for the fence that was back in
2016 um it was for a residential fence there was also one back in 1994 um the photos that I will show you will indicate that the fence is not from 2016 photos were taken of the violations which is a clear and accurate
representation of what I witnessed and are marked as counties exhibits 11 through 15 exhibit 11 all right what are we looking at there so basically on exhibit 11 it also shows a little bit of the fence which I'll show you a better picture of that and it
also show um the garbage trash junk debris or unsightly material counties exhibit 12 and that's additional photos of the unsilent material counting's exhibit
13 is the trash coun as exhibit 14 you can see the fence that was not done in 14 or 16 and then more of the unsightly material in this photo
you're basing that on the color of the fencing material um basically you can see where I'll show you where the difference of the fence is and what's there and what what was placed yes
sir which there was never a fence in permit because the original permit expired so that one wasn't what is 15 it's just additional photos from a different angle of the fence as it go down the
side therefore I sent an amended notice of violation and an amended notice of hearing for February 19th 2025 hearing and is marked as County's exhibit 16 and 17 and this is the amended notice of violation exhibit 17 the amended notice
of hearing for today's hearing and in that notice I cited the following Martin County Cod violations section 67. 20101 a nuisance declared we's undergrowth General ordinances of Martin County Code section 67. 20101 B
nuisance declared TR trash eted General ordinances of Martin County Code section 105.1 FBC permits when required Incorporated by section 21.1 General ordinances of Martin County Code the return receipt was not received and the
property and County Administration Building was posted on February 7th 2025 and is marked as is marked as County's exhibit 18 and 19 exhibit 18 is the posting and exhibit 19 the Affidavit of
posting sir therefore I went to the property again on February 18th 2025 and saw that the cited violations had not been corrected at that time I photographed the property the photographs are ACR rep an accurate shows EXA shows what I saw
then in this Mark that's count as exhibits 20 through 26 exhibit 20 shows that the overgrowth remains exhibit 21 is a photo of the storage of the unsightly materials
the fence still exists and other items in the fence as well exhibit 24 and exhibit 25 okay exhibit 26 is just that the side of the fence remains as well I request that all the County's
exhibits be received into evidence and based upon the testimony and evidence I request that the respondent soo trust be ordered to comply with the cited provisions of the Martin County Code by March 31st 2025 and if not in compliance by then be required to pay a fine in the amount of
$100 for every violation for each violation every day that the violation 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 sir if you'll raise your right hand D swear affirm the testimony about to give will be the truth the whole truth and nothing but the truth so help you go yes I do okay and your full name Sir Eric a I am the trustee for for Soo
trust the real property noticed here in the enforcement okay and Mr a um what do you have to tell me I object object your honor before we start the the property uh appraiser indicates the trustee is a corporation named five color Phill if we
get EX what the respondent's uh association with that Corporation is I'm trustee for both my address 26 North Souls Point Road is that of service recognized by code enforcement and I do object to this hearing based upon due
process sir M um above and beyond the fact that I would love to know how to communicate with a magistrate for scheduling or whatever purposes independently in the future is I am unavailable March 10th
through the 26th I do believe that this process does not provide due process and my basis for this is very simple and direct there was a
notice given by code enforcement of Martin County as indicated here February 7 2025 for the 1 157 Northeast satang property
only citing and I will give copy of General ordinances Martin County Code section 676 202c yes you may have a copy I I can read mine if you'd like just so it's easier
okay thanks yes sir I saw in the other hearing it was just easier to follow along than might I take a look at it first before weely unless you want to see it first you're honor no no you look at it first then then I'll no
objection okay so tell me what I'm looking at yes sir General ordinances of Martin County Code section 676 202c content of notice to aate in this case dated February 7 shall contain for
a hearing date at least 15 calendar days after the date on the notice this date would be I believe February 26th or later this is in addition to what I find are numerous public records
violations interestingly Miss Bush just represented all kinds of evidence she wants submitted here on a hearing that I don't think follows due process that she hasn't produced in public records after multiple requests so I'm at a huge
disadvantage here you are numerous don't quite understand the law um at least in this particular instance um I I don't know that section 676
202c has anything to do with what we're doing here um or I'm sorry did I do six is it 67 are we I don't know I'm reading what you said section I'm sorry 67 I made a typo
67202 okay 67202 my eror I apologize okay so should be 67202 6720 yeah 67202 of course is part of the
section that was cited um and if if you were given a notice to aate which is a different process than what you're here under then I I agree that it had 15 days calendar days notice
in it but that's not that's not what we're doing here and and that may be part of the misunderstanding let me just explain to you you've had do process due process in this case uh constitutes basically an opportunity to be
heard uh for the violation that's been cited and um it it's a pretty simple process um it's different than um it's different than the state court process
for instance there is no Discovery here U the case doesn't preed the same way that that a a case in court might proceed it's uh it's an abbreviated a simple opportunity to be heard you you
were welcome to bring any evidence that that you thought was relevant you you you've done that um but but unfortunately this doesn't pertain in this particular instance
so the violations let me get back to that um and I'm going to ask you first do you have any objection to the exhibits that the County's presented 1 through 26 yes I object to all the exhibits as late as just yesterday
multiple requests to communicate with Miss bush Miss Bradley Mr colando have fallen on deaf ears my form of Discovery is Florida statute
119 requests which have not been produced one of which was not even responded to okay now my Discovery should be let me just word dire that let me ask you have you all received a public records request yes if you I
Believe Miss Bradley could testify as to this do you swear confirm the testimony about to give will be the truth all truth and nothing but the truth so hope you go I do all right so we did receive the email from Mr op I forwarded it to our public records department our public records department forwarded it back to
us to put in a folder to release to Mr OD which I did yesterday morning I can't control when they release it but I did submit it back to them okay so the records were actually forwarded they were forwarded to public
records to released to Mr a well that's not very helpful if the hearing is today well I received it yesterday morning for the request okay all right so it's not an immediate thing um I don't have any problem
continuing this hearing for 30 days uh you honor if I if I just might ask a question at a witness yes M Bradley was that the first public records were you request you received from Mr Rod can you can you inform this court of any others that is I believe this second public record request that we have filled for
Mr a the only change to this one was the last exhibits which was the amended notice of hearing and violation and then her day before pictures okay um objection there still still a little late very but um but but nonetheless
your request is late um I made multiple requests I got a I got a hearing notice here with multiple new issues that were supposedly corrected even in her own words she's presenting pictures that have already
been corrected on the 7th of February I as quickly as possible communicated with the Department uh specifically in emails not to have any voice communication to get confused to Mrs Bush the statement that
the public records requests have been produced is false sir okay do you have false and I have quiet do you have record of I have my email showing where it was sent okay and the other file as she says has
never been received I do not have what are you anticipating doing here I'm going to email where I where they sent it to me where I forwarded it to public records public records send it to us I can show you where I responded letting them know that it was done I
understand though that that if it's a public records request that's not necessarily uh going to be dispositive of any issues other than the fact that you sent it to them and they did
whatever they we're going to do it's a different office obviously I I'm I don't think Mr O is saying that you did anything wrong I think what what he's saying is he didn't get the information well and like I said I
sent it to public records I don't know what their time frame is for releasing exctly exactly and if you request it the day before the hearing chances are very good you're not going to get it there were multiple requests prior sir multiple one of which there was not even
a response now if if I may just suggest a little disorganization here in 30 years nearly as a resident in Martin County I've never been here I have multiple properties I'm responsible for as trustee all issues as Miss Bradley knows as Mr clo knows I've always worked
to resolve always 100% I'm disappointed I've never been here I've tried to communicate these late dates were pressed on me forced upon me in violation of process statute Constitution Etc I can't help it that I'm responding to a notice received on
the 7th which was a Friday and had to wait until 91th 11th to try and start the communication this wasn't just a yesterday okay it was them responding yesterday and making this a last minute I'm just asking for help now we could
dismiss this entirely you have the power but another thing maybe for April if they organize come back we won't even come back I'll have everything taken care of but I don't see any you say due process has been met but we're indicating public records have not been
produced I'm at a huge disadvantage here no I don't have the ability to even respond when they don't even help me with particulars and details of what's going on so all of this has created tremendous confusion for matters which
she's already said have been complied for and I have emails which indicate this real property has been complied from Miss Bush no sir and Miss Bradley with respect to the mowing of the yard with respect to the fence the
repair was made M Bradley indicated no permit necessary but all of these things based upon the two process that we should not have a hearing until at least 15 days from this February 7th
here really it starts toin not pertain okay it's not not this is code for Martin County it is code for Martin County but it pertains to something else what does it pertain to the notice of abatement which is not what you were given the notice of
abatement is essentially right here the notice of violation which is attached to the notice of hearing no those are different components those are different the notice of abatement says we County are going to come in and fix your
property if you don't do it that's a different different process so so what are the guidelines that may be an option violation then if we're not even following a minimum 15 days because the other part of this code indicates that
there will be correction within 15 days so within this February 7th within the 15 taking a lot of time here for argument that isn't going to go anywhere I I
mean you don't have a right to tie us up for the entire day well then let's go issue by issue and I'll do my best just to go issue by issue and show how they seem to be wrong although I object to the due process here as a violation of my rights to have had these public
records as a matter of Discovery for this hearing and understand what C enforcement is talking about but if you would like to at the disadvantage of not having produced the public records and in violation of what I recognize as Martin County's own code then um let's
proceed with what seems an illegal process and I will do my best to go through every little line item here um let's start with number as I started to say be before you interrupted I my inclination is here to basically kick
this down the road a bit it's easy to do we would strenuously accept on what basis on what basis the county has been in in uh communication with the respondents since November the issues here are crystal clear and simple
overgrowth and trash and and offence there isn't any there isn't anything different going to be in April than is now a fence permit doesn't even need an inspection and the few items of trash is an hour's worth of work yeah and what do
you hope to achieve if if I do Grant some sort of continuance oh you never see me again they'll be Clarity here and this one that you refer to as trash was only noticed on February 7th sir that's the first time February 7th there hasn't even been given 15 days this is abusive
and also if we could have a ring on the on the evidence before we we've been discussing it we still don't have it officially I I am prepared to do that as well um okay over your objections of due
process and uh not receiving your public records I am going to accept into evidence the Cy's exhibits 1 through 26 in this case um the way that process works is you get to see it here and then
any objections you would have made which you did make uh I would consider and and so so that's really the gravamin of that you you ought to be able to see it right in front of you okay and also your honor I've been handing an exhibit I believe
Mr emails do you wish to ENT to sent evidence I don't know what you're oh that's all oh okay I'm sorry the bail of hand it to me I assumed it wasn't all right but we could put it into evidence if you wish correct Rachel yeah so we could add that it's it's a a
record of Mr 's emails Communications with the building department dating back to November of last year that's great just document the public records violations good uh no no these are emails back and
forth so there's not a public records issue I asked for production on all this stuff prior to this okay and there is no there is no process of discovery for these hearings which was what I was trying to tell you and the public records come out when
the public records come out so um I I don't know that there's anything in that the material that you gave me that has any evidentiary value so I think I can return that to
you well I'm asking it be submitted as exhibit a for my case and take it for the value that it is this page or all of it all of it it goes together because you have the date there of February 17 in reference to my initial quote of the
code we can start there all right so ex you the county has no objection we have no objection to that the uh the one notice is already inevidence in all all right this is one two three
four five six seven pages of material it includes um what looks like an excerpt well I can't tell that it it's it's just one page that um is from Eric
a to Eric a email to yourself Wednesday February 19th at 8:36 a.m. it references the case number uh enf 2024
108-01 and uh notice dates it says February 7th 2025 for the property at 1507 Northeast satang Avenue Jensen Beach Florida gives the PCN number and and an
abbreviated um um legal description of the property and that's underneath says general ordinances Martin County Code section 676 202 Point C content of notice to aate shall
contain um print for and print a hearing date at least 15 calendar days after the date of notice and then there's uh handwriting underneath it that says unavailable for hearing March 10th through 26
2025 signed by apparently by Mr R is that correct yes sir just that's exhibit notices and reference that's exhibit one um and and then a copy of the amended
notice of hearing three pages uh that's the one that's uh dated um February 7th for the hearing of February 19th that's already been submitted by
the county I'm going to make that exhibit two and then the third document is an amended notice of violation also uh from February 7th 2025 that's a
three-page document signed by Miss Bush on behalf of the county and um I'm going to mark that as exhibit three okay so um without objection I'll accept into evidence the uh respondents
exhibits one two and three and um and over your objection Mr on I'm going to accept into evidence the County's exhibits 1 through 26 in this hearing um let me look at the documents
that have been presented now these are all emails um I'm looking at an email and I'll show all of this to you an email from uh February 17th from Mr a to miss bush
um in preparation for the magistrate uh I'm going to paraphrase hearing provide physically and electronically um the following documents all emails and other
Communications of those matters and notes complaints um corresponding communication specifying all trash debris and unsightly materials and then a permit for
installation of wooden fence uh wooden offense approved installation permit for 1507 North satang Avenue hearing rules guidelines statutes Etc to govern process instructions for
subpoenas uh Magistrate name email phone address and assistant contact information which uh none of that is to be provided images including time date stamp
validation uh defined primary and secondary urban service District native Upland habitat undisturbed natural growth um that's not relevant to this all notices of hearing notices of
violation which presumably you have accounting for the 2024 Martin County budget highlighting all monies for Road asset maintenance not relevant underbridge statement of particulars is
fully detailed outlining violation and evidence in a clearly comprehensible manner um that's in the notices Martin County road map and public land record
and then Florida statute 177 referencing areas of M Miss Bush's concerns I I don't know how that's relevant full contact information for all Witnesses and other people with their statements and evidences there's
just the two um and then send email to OT TJ aol.com as Trustee of the SoDo trust please govern yourself accordingly do not cancel the hearing produce
everything without objection as time is oppressively of the evidence Essence uh please respect unavailability for the process for all process February 23rd through March 6 then March 10th through
27th okay okay I think we've done most of that okay um good all right that's exhibit four is that what I'm up to no sir those are ours that's our exhibit oh those are yours and you want
to put those in yes okay like a copy please yeah absolutely thank you I'm going to mark that as exhibit 27 we're going to need to make copies of those because um all right may we also make copies of whatever the evidence the
one the 26 so I can of course thank you sir um that's coming off the system but but yes all right let's see this is um um an email from Miss Bush to Mr a
subject is the reference case it's dated well I can't tell the date of the actual initial transmission but the reply from Mr a is dated November 17th 2024
so the the initial uh looks probably the initial email says entire property is maintained there is no known issue other than setting back in place the fence the right away as County
maintained if you disagree the 1507 Northeast santang property has area not mode please advise specifically with images um where images to this
email number two the fence blew over in the hurricane most recent and she'll be repaired this coming week this is a minimal replacement of what exists um is a permit necessary and I'm not
sure how that fits into this and then number three vehicle is removed if there are any missing elements noed to please describe please acknowledge if there is a complainer in this case if yes there is a complainer the public record
production of the name address as required by Statute please oh if you would like to meet on the property just let me know thank you Eric manager trustee okay so I I misspoke I thought it was from Miss Bush but it's to her
and I see that you just copy yourself routinely right I like to try to keep track of what's going on fair enough but it it just confused me there a couple of times sry all right and then
um and then it uh oh I see no that's a duplicate of the same Transmission in which you actually begin hello Miss Bush um and that's November 17th 2024 it is two pages but there's
just a um looks like your name Eric manager trustee on the second page I'm going to mark that that as exhibit five is that what I'm up to 28
28 if you got oh this is yours 20 28 28 I have 27 in my hand okay 28 all right and we'll get that to Mr a so he can see
it and then on Monday November 18th there it is Mr a says I apologize actually it does need to be trimmed up a bit I just want to make sure we do differen shate
between the RightWay and the private property that's all the private property right now we do need to give it some attention that's fine we will I thought the tenant had been taken a little better a little bit better care but now
the fence is down I can see better is there no threshold of minimum repair for the fence I mean if we're going to put back basically the same thing really is there a line on the ground Yeah by December 5th I was headed
over there and my mower actually broke on another property over the weekend so we're on the way please forward the public records whoever placed the complaint consider this a public records request thank you Eric manager tte e and
that looks like it was in response to miss Bush's earlier email from the same date of Monday November 18th 2024 at 8:34 a.m. good morning as you indicated the property is now in compliance of permit
is required to repair the missing sections signed by Tama Bush and then there's another copy of the um November 17th email which I already spoken to the record will mark this as
exhibit 29 and there we go show that to Mr oops wait a minute has another it's three pages show that to Mr Bush or Mr [Applause] a
and um then we have uh then November 19th email from Mr a to miss Bush dated 8:40 a.m. says good morning Miss Bush we're not going
to replace anything we're just going to put it back really and that's three panels of a few dozen or so again I ask does it really reach that threshold I mean we'll get it done either way and I
know you want the money but we're going to put the panels that are on the ground back in position that really that really requires a permit uh thank you for responding acknowledging the public records request I actually need the information and know
who miss Monica is please the third thing is that private citizens do not maintain government right away so that part is absolutely out and if you want the case law I had to go to to an appell IT Court to get it so my name is on it
and I can forward it to you I don't play uh in the government land okay so we never maintain the right away and we never will and that's come down to our uh it says pellet court so you can
decide what you really want to do with that I'm telling you the decision's already been made if this is something where you want to try it to overturn the Court's decision of the State of Florida please let me know because this one
isn't about us the law is already been reviewed reinforced and therefore been before that legislation Eric got trustee manager and Miss Bush does respond at 10:02 a.m. on November 18th and says if
more than one section is replaced a permit is required there is more than one section missing all the property areas including the right of w would need to be maintained as it had been previously the complaintant is Monica Marlo and that's signed by tamaa
Bush and uh the page two of that is the earlier email that I had mentioned about um I apologize it actually does need to be trimmed up a bit from Mr a so
I'm going to mark this as County's exhibit 30 yes sir Mr n yes before we go any further may I comment on what we've got so far please [Music] umot track of if we just keep rolling if
I can comment on some of the things actually it'll be better I think let me get them all marked and then we can we can uh take have copies before so I can make note absolutely I'm going to be really lost
here if I don't no we don't want that we want you to be able to I asked for all this a long time ago and now I'm still empty-handed all right and the next document well can I have copies as we go through so I know it's important to you
I can make notes I can understand what I'm doing here um do you want to just make copies of all this before I mark them you'll have to mark them yourself I guess but thank you sir okay let's take a 5 minute recess and
then we'll be back e e e e e e e e e
e e e e e e e e e e
e e e e e e e e okay we're back on the record it's um now 11:02 this is a continuation of uh case
number enf 2024 0 uh 10101 18-01 a lot of ones and zeros there sto trust is the respondent and uh
represented by five color f l LLC truste and and Eric Oz trustee um parties have all been sworn in we were considering um exhibits that the county was
presenting uh Which con constituted um uh several emails back and forth between Mr a and the county uh the last one that I have really that has any probative value there there are copies of other
others here uh but the last one I have is uh dated Tuesday November 19th 2024 at 1112 a.m. from Mr a to miss Bush uh
copied to uh John colando and Rachel Spradley concerning the subject of the case um Mr OT what date are you referring to please sir I'm trying to find it's uh November 19th at 11:12 a.m.
and that's at the top of the page it's thank you um and it says can the permit be done online if so if if would you send me that information I'll I'll be very helpful it
is going back into Excel um is that going back into Excel excuse me if if you give me a little guidance that would be great and please I see that the is partially legal call
at Out Below quote exactly where the threshold for this fence comes in um I thought some repairs were so minimal they didn't need a permit so I'm curious if you help me understand the law what's the reference and then a new paragraph
request production for public records has been made just follow the request please new paragraph when you refer below to 67201 a we are referring to only the grass being cut at 157
Northeast saton question mark this is why I ask for specifics when an entire code is quoted I don't know exactly what's on your mind that pertains to the code so please a little help that's the idea when ask for what's the issue there should be detailed response not General
please thank you Eric manager tte magistrate may I interject with an email from Miss Bradley referencing very specifically the fence and permit is it anywhere near this
date this particular date is 11924 from Rachel Spradley where she says yes if you use the same panels you will not be required to get a permit as long as they are not
new um it copies Tama Bush and John colando this is November 19 2024 uh I don't have that in front of me but it's public record if it's maybe it's pertinent here because Miss Bradley
very clearly because I did ask Miss Bush about three times yes sir and then Miss Bradley did come in and say if you use the same fence which is what we did it blew over we put it up we Ed screws we use the same fence so I think that the
email is pertinent to this particular line of questioning sir that's relevant I agree okay thank you except for we have new fence installed okay so I told him yes if he puts up the ex what fell over stands
back up what fell over he would not require a permit however we have new fence installed as they're all new panels all right it's a false statement but you know we can get to that detail I'm just looking for the email now or she says you know and then the other interesting we'll stipulate that there
was an email that that that that said if you replace just the panels that you don't need a permit if you replace the old panels we'll stipulate that that email is okay so so it is so stipulated and I let me just continue on with with what I'm looking at on November 19th at
945 a.m. Miss bush had already sent you an email that said thank you for reaching out with your question while obtaining the permit may seem like an extra step it is required to ensure compliance I had already read that into the record so I'm not going to um bother
um doing it again and I don't know that the second page is just her signature page all right I don't see anything probative there this is exhibit
32 is that right I think it's 31 31 yes sir all right 31 I'm just marking them you have to mark them as we go along you got the the same
Pages um you this is the November 19th email at 1112 a.m. from you to miss Bush can the permit be done online is
how it's started Parts five pages there we're calling exhibit 31 no I've just I've only marked the one page cuz the other pages of all parts of other emails that have already been marked okay okay
right um okay so page three there referencing the right of way the difference there uh that's where I was going with the statute 177 getting into the Martin County roadway asset map yeah I think it's already in one of the other exhibits very well as long as we're
covering the content thank you yeah absolutely yep I I know i' already read that in okay all right so you can just leave it up there sir he's got a copy so I'll put it with the
rest of it okay all right so um I is there anything else the county wants to produce or not at this time but there may depending on what comes next there may be something sure all
right so Mr a um it's going to kind of flip to you and and tell me again what you need to tell me sure going back to your question about the day before Discovery or a 119 request is
inappropriate yeah it's tough being pushed into these kinds of time constraints interestingly I have here an email dated where did we go here got where Miss yeah okay so January 13
2025 um Sarah Woods is copied here and she does uh let's see Miss Bush does then respond January 13th to my public
records were squ saying that you will have these public records that's January 13 sir the new notices of February 17 I believed required another communication
cuz I had another amended set of hearing and violation notice however the same set of circumstances as described barring the idea of this trash or whatever came up
that's new that just showed up on February 7th first time ever uh was already asked for and even brought to the attention of Sarah Woods who I believe is the Martin County legal council so I was trying to get some kind
of compliance and production here going for quite some time prior to that so all of this now showing up here really I did make public records requests quite some time okay under understand that that you're talking about apples and oranges
there the public records requests are fine um and and people often use it as a way of of obtaining information relevant even to to cases but it operates in a separate
venue and um and it is not um actually required for the conduct of this hearing the the what is required for the conduct of the hearing is notice an opportunity to be heard you may have
heard me say that before um and and basically it's a clean slate when it comes to me I don't I don't know you I don't I don't know the situation I haven't heard anything prior
to this morning um you've taken a lot of a lot of time to worry over tall grass and a and a piece of fence that required a permit um and and you put
uh us through a lot of Hoops if you will to make sure and I was going to make sure and and have made sure that uh you had that opportunity to to be heard and uh understand the violation that's been
charged by the county it's pretty simple stuff um the the 6720a uh weeds and undergrowth that's basically what they site when there's tall grass and and
that sort of thing on the property 67201 B is uh for trash and um outdoor storage of materials that don't belong out out there and then and then the 105.1 Florida building code uh Whenever
there is a permit required uh the County ordinance under Section 21.1 does um refer you back to the Florida building code and it says you have to obtain a code a a permit
so we we those of us who have been doing this a while understand that wanted to make sure that you understood it and maybe uh the public watching this hearing will get a better understanding
of of the need for uh Clarity and and that sort of thing as far as going forward is concerned in your case um and and um I there was no objection to now the
the additional um exhibits from the Cy 27 through 31 uh and there was no objection to your exhibits 1 through three based upon those exhibits and the testimony that I've heard from you and from the county
I'm going to find that a violation violations giving testimony here I'm just getting into I just got Discovery so if you're about to conclude you know realistically this grass here it's mowed
and Mrs Bush has acknowledged that I believe today the fence has been repaired the idea of a fence permit being in any way open this is the first I'm hearing from it I thought I saw a date of 2016 this is the first I'm noticing this notice of such was not
detailed nor described but there was a general notice given on the I'm just getting detail now okay that fence is permitted that fence was installed properly other details I don't know all of the real property of 1507 is modow
and neat and it has been the car's moved and she acknowledges this everything I believe chared yeah I believe everything has been complied with and I would like the opportunity to go through each of these and go through each of these pictures because I haven't even seen
these I have never seen these I have offered to meet on property I have asked even as far as Council for Martin County and January of 2025 and previously for this information I'm seeing it for the first
time right now today so I would love the opportunity to go through it because this is you partially see in this picture is corrected to the right of the fence that according to the Martin County roadway asset map is Martin County property property is Martin
County property is Martin County right of way and the code says that the property shall be maintained only the real property of 1507 okay this other property the
ownership falls on Martin County so if there's something to be done there Martin County would it's never been mowed it's natural growth my questions when I come into could you please help with definitions for this urban service District natural
Upland habitat undisturbed natural growth I've I've never played in the your honor if I may right away Umi the ordinance specifically makes the property owner responsible for maintaining the right of way as far as
providing definitions everything I don't think it's the responsibility of the county to uh conduct the respondents defense uh and research um and if we can go up to the overhead photo of the property I forget which exhibit it
is there we are all right this exhibit here you're on to the the outlined area in red is the property and as you can see the piece that is in the right of way is adjacent
to the uh the property on the left side um and that's not mowed the piece at the bottom is also in a right way and has been maintained um so clearly the evidence shows Beyond with by a preponderance that the property owner is responsible for maintaining that piece
of grass okay that depiction I would tell you is probably not completely accurate well that's from the property appraiser I understand that but look where the red line is it goes through the building we noted that that would be
if I was the property owner I would be asking the property appraiser about that but for our purposes it shows where the property line is and where the right of way is and that's all we're offering it for and I suppose really Mr OT if if you
were to bring us a survey and that might be dispositive of it but you didn't do that today so a survey you mean of 1507 yes Northeast Satan possibly with a
raised seal from Auto bloomster of bloomster professional land surveyors where we have demarcated the right of way which I do believe in accord with Florida statute 177 Martin County has as per the Traffic
Division I called over there they do the maintenance of the roadway owned by Martin County I believe we have saong and this um section of Northeast Dixie
Highway I will need a copy of this please um raised seal here and I can submit this is an exhibit Market as pertinent for the flow of exhibits I would like a copy boxer go that to Mr
tuy if you will yes it doesn't matter cuz that's maybe directly in response to his his uh argument reiterated in the Martin County roadway map sir I do reference here what is know your roads
as a public reference created by Martin County in Martin County roadways may be owned and maintained by various entities here we have the roadway assets map marking I believe in blue which we can pull up on any public record it's online
Martin County Traffic Division handles maintenance of the roadways owned by Martin County Lord of Statute 33 floor Transportation Administration does state that a road as definition does include the right of
way all Associated sidewalks roaded culverts Etc the whole thing routin routine maintenance includes mowing as defined by Florida Statute in our section 334 here there's also when I
was asking about the budget it appears as though there's maintenance money to cover costs and expenses objection your honor this is irrelevant the statute our ordinance specifically requires the property owner and I will quote for properties located in primary are Service District and secondary the
provision applies to any areas between the property line of the lot tracked imposs in the edge of the roadway yes to the edge of the roadway the the uh the exhibit which I have no objection to to I Haven okay um clearly shows the property line the ride of way and the edge of the roadway and the area that's
not mowed is between the property line and the edge of the roadway as next evidence I'd like to submit please so you can reference the know your roads and the Florida statute 334 which I believe should be guidance for the county in terms of the maintenance
they're receiving money gas money state tax money County money money to maintain these roads can I pass a copy of this exhibit here for yeah I that's a that's a political issue
um I certainly don't pretend to know anything about the politics of a budget for the county but I can tell you looking at the survey I do see the encroachment of the fence uh in the
RightWay um on the state road A1A that Dixie Highway side and the fence that we're talking about is is it on that side let's look at the
Dixie I'm looking sir is that soong that I'm looking at this this here is Dixie Highway that is Dixie Highway yes sir okay so so there is an encroachment on that
sign the encroachment sir has been grandfathered in to the best of my knowledge I last sat down with Larry massing on this so yeah it it was acquired this way it's been that way the permit was taken out and uh set up this way for a replacement of what was
already there or like a refurbishing many years ago so I've never been notified there's any issue with the positioning but you're you're right and using the fence as a delineation shows you kind of where the grass is in the right of way which I don't know it meets
the nuisance definition really but it's definitely the owner would be Martin County not 1507 Northeast saong as per the definitions of road all right I'm going to take notice of this I don't think I
need to enter it into the exhibits I agree but I but but clearly it it does show uh that that there is some area between your property line and the road
RightWay um the the road right away comes back from the pavement and the sidewalk so um I again to Mr tu's point is that
um in the primary area the service area the uh residents are required to maintain that area of vegetation between the their property and the road
way uh not the right of way make that distinction clear in your head it basically is going to take you to uh not just the sidewalk but but even Beyond because there's a little bit of a swell
area there so every other uh resident is required you are required to maintain that area to mow it basically is the is the charge there so just be aware of that um up to the edge
of the right of the way you say Sir so at the no not way the county takes over no that's not correct to the edge of the roadway I think is how the wording is yes to the edge of the road which means if there's RightWay between the roadway
and your property you're to maintain that and that's a really common provision not just in Martin County but but elsewhere in the country um you maintain that that area even though it's
public right away um but it you'll see that it is typically part of the lawn and um and then there's the sidewalk and then there's a little bit of a Swale area maybe 3 4 feet of Swale
and that also gets maintained by the the adjacent property owner okay yeah okay it looks looks like the right of way as by Florida statute is the land which the state the department or the county in this case the county
owns we're looking for the owner here owns the fee simple okay and has EAS been devoted to or required for the use of Transportation now the road the roadway includes the right of way and everything else yeah so really what it
looks like is that this code is saying that up to the point where the county takes over using tax money and as per the Florida statute up to the roadway up to the right of way up to the road which
is defined as this land the county owns including the sidewalk and the coverts everything here is per Florida statute and unless there's something different that I'm not aware of I'm just going with the black and white yeah there is in the in the ordinance and it basically
says that it's not the right of way line that um that the property owner maintains it's the property up to the roadway those are different definitions and that means the actual pavement of
the road well the the roadway Road here we have the road means an means a way open to travel to the public including but not limited to Street Highway or alley the term includes
sidewalks roaded rway culverts drains sloes includes the roadway is all of it the road RightWay is part of these other components are part of and and and the statute says that routine
maintenance includes the mowing now we've been diligent and we have complied with the 1507 and the tenants have some of their responsibilities this has never been in issue before I don't think that public
records will show even any notice of violation before November on this particular property um so they've taken care of it yeah we we take care of and I believe we have taken care of and I don't think there is any issue
whatsoever we do maintain the fences back up and I was by the property yesterday these photos are old there's not a bunch of debris around we have one tenant who likes to decorate for Halloween and christas and stuff and he puts his stuff away you know he makes it
nice and neat let let me just tell you I I believe I have heard enough and that I can rule on the on the issue um and and I would tell you that there is enough evidence to show that uh the
violation of the weeds and and undergrowth um and trash does exist on the property not withstanding your argument that oh I've taken care care of it all that may be the case and that's great because then there won't be any
fine no exist but you do you do need to get the permit for the the fence sections that you've installed not the ones that blew down and got put back up but any other new sections that got installed there are none okay if that's
the case then there won't be any fine there either well can we but I see we can address this because Mrs Spradley is under the impression that there's something new and there's not done anything I'm looking at um at fence
section that isn't weathered that isn't old yeah we protected it we're allowed to paint knowing that this is getting older we used a variety of protectants at Great expense and went to protect that fence you can see a difference in
the application of the different types even that we applied and you still have the permit that expired in 2016 or 17 that has to be dealt with this is new to me okay and this is brand new to me and if there's an issue I agree with you we
need to sit down and and work it out but the idea of not giving me information on when I requested by email doesn't work when I ask for specificity I really need to know to be able to comply and then maybe we don't have to see Mr nicoletti because I try to figure out what they're
saying and comply but if I don't know what's going on gez public records that haven't been really even responded to until now since going back bear in mind that's not relevant to this oh I mean you get to make a public records request
and yes in fact they need to be responded to but it's not part of Discovery for this hearing is it part of due process it it is not for this hearing whether or not I have public records whether or not I have any evidence before me for the hearing isn't
doesn't matter as far as you've gotten the notice of the hearing you've known what the violations have been since November no I have not that's not true I've been asking for clarification these violations have been corrected I have noticed from Miss Bradley saying no need
for a permit when you put back up the panels that blew over that's what we did you're shaking your head you see that we applied a coding of protectant in a responsible manner to care for the fence there's nothing new if she has any evidence or anything there's something new I'd love to see it I don't have any
purchase scers question your honor yes can you go back to that photo we just had up whichever one it was this one shink it yeah okay okay M OT referencing the exhibit that's on the screen now is it your testimony that the dark colored
fence sections and the light colored sense sections are the same age please look at it before answering the age of the parts of the fence I can tell you yes or no question
not new as of the last two years at least probably more this fencing goes back to a permit maybe referenced in 2016 ask about permits answer the question please so it's your testimony that the light
colored PES of fencing were replaced they are not as old is the dark color the fence work that we see from the aerial going all around you see right there there were the light colored pieces replaced on exhibit 14 so they're
place these pieces go back to 2016 with an original permit there has been no change there has been no replacement there are different ages of the fence the permit you'll probably notice going
back to 2016 was a working with what was already there type of a permit this is not a new installation the property has acquired already had a fence there's a mix of
Ages with whatever is there but nothing was done recently and no panels have been installed no new fencing since this permit going back to I believe it's 2016 that's my testimony we've put up
the new stuff we've treated what was there but we haven't started dropping in a whole bunch of new panels and things to the best of my knowledge no sir not other than the permit compliance that we had that's the best of what I understand
on the fence situation I'm satisfied that there's a fence on that property with no permit and it needs to be addressed and the county has determined that the permit expired in
2016 and it does need to be addressed the fact that you did not know it is not the County's problem it is not it's your problem what's the issue then can we look at the detail what I I can I can tell you this that I am about to rule
and I am going to find that violations as charge do exist on the property I'm going to accept into evidence the Cy's exhibits uh 1 through 31 as as discussed before respondents exhibits one through three as as discussed I'm going to find
that violations as charge do exist on the property in order compliance owner before March 31st 2025 failing which a f in the amount of $100 per violation per day will acre and I am going to award costs in the amount of
$575 to the county to be paid at the conclusion of this hearing and I we have taken so much more time than we ever should have taken on tall grass and no fence permit so I I hope that that um
that you do what you need to do as far as getting the permits and uh cleaning up that property and that's it thank you okay um back to back to
reality the first case on the docket it's uh Sublime Holdings LLC enf 2024 06066 and uh officer counsel are you're going to um present and let's see let me just
get back up there should be a stipulation agreement your honor I'm looking okay there it is got it thank you perfect and that's a step okay whenever you're ready go ahead my
name is Chris ccer I've been sworn in I am a co-compliance investigator for Martin County the respondent sublime holding LLC is not present but has entered into a stipulation agreement this case concerns the property at 3304 Southwest 72nd Avenue located within Palm City which is located within Martin
County Florida this case was not generated from an anous complaint according to the official record of the property praiser of Martin County property owner Sublime Holdings LLC a copy of the property praisers records County EX one on June 6 2024 officer Frank Marcos
inspected the property at the time he observed property being used as a storage yard of random items and not being used for an a as EG use at the time he photographed the property the photographs accurately show what he saw then which will be counting exhibits 2 three four and five so two basically we
have a storage area of these um railroad ties three that's far away view about four just other piles that the railroad TI is being stored on the property and exhibit five is just officer marcos's door hang um door tag
and just a mailbox with the address based upon the investigation he issued a notice of violation to Sublime Holdings LLC on August 1st 2024 mark this County exhibit 6 and the notice he cited the following Martin County code violations section
3.42 M2 industrial district and section 67. 2011b for nuisance declared trash and debris and the notice of violation respondent was given till September 3rd 2024 to correct the violation and was informed that the need to contact code enforcement I took over the case in
November of 2024 on November 12th 2024 I inspected the property at that time I observed that the property was still being used as a storage yard and that random items and the items stored on the property were not being used or intended for an a purpose at the time I photographed the property the photog i i
ACC show what I saw then as marked as County exhibits 78 and9 seven is basically the building on the property eight the railroad tires are still on the property along with exhibit nine since compliance was not achieved a
notice of hearing was issued by certified mill on December 3rd 2024 and marked his cting isab 11 I spoke with the owner and met with and an extension was granted comp uh extension was granted compliance was still not achieved so on January 30th 2025 an amended notice of violation
and amended notice of hearing were issued by certified mail and marchus County's exhibits 12 and 13 this was the amended notice of violation and the amended notice of hearing okay yes MH okay uh I updated
the code violations and my amended to include I took off the industrial zoning and cited it basically for Section 3 .11 for permanent uses as the property wasn't being used for an a purpose and I kept the section 67201 B for nuisance declared trash the return receipt was not received so on February 6 2025 I
hand delivered the post to the owner of the property and Affidavit of Home hand deliver is County exhibit 14 I went to the property yesterday uh oh I met with the owner with the I have met with the owner and discussed the violations of what needed to be done to correct them therefore on February
18th 2025 the owner entered into a stipulation agreement to get more time and the $350 ad administration fee was paid upon signing of the agreement exhibits 156700 just photos that I took prior to the signing of the stipulation agreement shown that the property was
still in violation that's the main building um random items in the property and the rail retired are still there but the owner has entered in into a stipulation agreement and based upon the testimony evidence I requested the respondent sublime Holdings LLC be ordered to comply with the set of
provisions of the Martin County Code by the agreed upon June 1st 2025 date and if not compliance by then be required to pay a f in the amount of $100 per day per violation until compliance is achieved okay and that concludes my testimony and let's
see do we have um signed copy by Mr he uh he had he signed it um electronically that's why it looks funny on the I think signed electronically really yes sir I've never seen a an electronic
signature like that H okay [Applause] all right not for the record that um the stipulation does require a June 1st compliance and that um $350 in
administra of cost have been paid to the county so without objection I'm going to accept in evidence the County's exhibits 1 through 17 in this case based upon the stipulation presented I'm going to find it is appropriate to
um enter and agreed order in this case and on note for the record that M officer councel has executed on behalf of the county and that Dean lavali as owner of the property has uh
executed um a little differently by basically uh typing his name um into the signature line and um I'm it's so ordered thank
[Applause] you okay let's see that one was removed your honor the L of affordable housing correct okay is removed all right and that brings us to the
Ferell case and this is um case number enf 202454 31-1 um Leonard and Kenneth Farrell are the owners and Miss SBI you're going to testify if you raise your right hand you
swear affirm testimony about to give will be the truth the whole truth and nothing but the truth so all be G I do okay what have we got my name is Maria espia and I have been sworn in I'm a code compliance investigator from Martin County the respondents Leonard frell and Kenneth
frell senior are not present this case concerns the property at 5649 Southeast Indigo Avenue in Stuart Florida in Martin County Florida this case was not generated from an anonymous complaint according to the official records of the property appraiser Martin County the
property owner are Leonard M frell and Kenneth frell senior a copy of the Property Appraiser's record of ownership is County's exhibit [Music] one on May 16 2024 officer counselor inspected the property at that time he
observed roof damage a broken tarp on a roof and on the roof uh accessory structure that was damaged and trash at that time he photographed the property the photographs accurately show what he saw then mark this count as exhibits 2
through six two is the roof with the roof tarp three is a different angle and you see um more damage here and the sof correct four more sofit
damage five trash and this is the accessory structure and six is just a view of the yarn based upon the investigation he issued a notice of violation to the owners on July 10th 2024 marus County's exhibit
number 7 in the notice he cited the following Martin County code violations section 67. 20101 B nuisance declared trash Etc General ordinances Martin County Code section 21115 roofs and drainage General
ordinances Martin County Code and section 21.99 accessory structures General ordinance say Martin County Code in the notice of violation the respondents were given until July 25th 2024 to correct the violations and were
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 August 22nd 2024 marked as Count's exhibit 8 officer counsel was informed that both
owners had passed away therefore he removed this case from the September 2024 hearing to give time to see if the new owners would appear or probate case once I took over the case I checked for a roof permit and new owners or any changes and found none therefore I
amended the notice to appear for the February 2025 hearing and mailed it by certified mail and regular mail January 27th 2025 the amended notice is marked as Count's exhibit 9 the return receipt was not returned therefore I posted the property on
February 4 2025 the affidavit oosting is marked this Count's exhibit 10 therefore I went back to the property again on February 18th 2025 and saw the cited violations had not been corrected I checked for new permits and found none the inspection photo and permit history
are marked as County's exhibits 11- 15 11 the accessory structure that one has been complied so that's off the order 12 The Roof Is Still Remains damaged and
and tarped 13 trash in the back 14 a different angle you can see part of the the roof is um falling down and 15 is the permit
history on record type you can see there's no permits I request that all of the County's exhibits be received into evidence based upon the testimony and evidence I request that the respondents be ordered to comply with the cited provisions of the Martin County Code by
March 31st 2025 and if not in compliance by then be ordered to pay a fine in the amount of $100 per violation for every day the the violations continue thereafter the county has incurred a cost in the amount of $575 conducting this investigation and
requested the county be reimbursed this amount at the conclusion of today's hearing he anybody here on behalf of the Ferell family or owners of the property looking out seeing none um have you had any contact with
anybody yes with the management company but no permits they they're aware of what they needed to do but no permits have been pulled okay all right yeah I was wondering there looks like there is somebody taking care of the property yes
they they most most of it okay all right um still no one here on behalf of the feral family um let's see without objection I'll accept in evidence the County's exhibits 1 through 15 in this case based upon
that evidence and your testimony I'll find that uh violations of 67201 B and 21.15 roofs does exist on the property or do exist in order compliance owner before March 31st uh 2025 failing which
a fine in the amount of $100 per day will acre 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 ma'am okay let's see got a bunch of
Waters imposing penalties and officer Fischer you've got those cases let's see it's um what about the Mr ncti docket cover sheet has the owner of the property's name on it the
owner they're in order for you up there that's who we actually sent this citation too so what the docket cover page does is pull the property owner for where he caught them doing the work it won't let us put the actual person who
we violated with the citation on the docket cover page does that make sense yeah it makes sense but it's they're trying they're trying to figure out how to get it so that we can pull it the other way so when we put in that it's a violator
instead of the owner but they are having some kinks in the cover page all right so so I'm looking at case enf 20245
00501 and the respondent is naen rotundo for engaging in a business without a license but under that same order it's issued to James Steven Decker
the owner of the property no sir naen is the owner of the property James is issued the citation too other way around yes sir so the docket cover page pulls who owns the property where we found the unlicensed work I'm going
to strike Miss rotondo's name and put James Steven Decker all right so what did Mr Decker do Mr fiser raise your right hand you swear or affirm the testimony you're about to give will be the truth whole truth and nothing but the truth so I
hope you got I swear okay what do we got good morning your honor morning well maybe for nine minutes more my name is Nicholas Fischer and I have been sworn in I'm a code compliance investigator for Martin County this cons this case
concerns the citation case case enf 20245 0050 against James Steven Decker Mr Decker was issued a citation for violation of County's ordance section 4349 subsection a subsection 5 engage in
Business Without a license General ordinances Martin County Code the citation to is issued to Mr Decker is County's exhibit number one oh that's not easy to read is it no sir so the citations when they're
handwritten uh it's a carbon copy citation so the front-facing one which is most legible is given to the Violator uh the second under copy uh is is my retaining one
okay a copy of the property appraisers record of ownership for James Steven Decker is County exhibit number two Mr Decker did not request to contest the citation therefore the county request a citation be upheld and the
order imposing penalty slan be accepted all right we've got exhibits one and two and Mr Decker is not here so without objection I'll accept in evidence the C's exhibits one and two in this case
based upon that evidence and your testimony I'll find that it's appropriate to impose a penalty and a fine in the amount of $500 for Mr Decker's failure to obtain a um a license uh to do
business okay next one is enf 2024 50262 d01 and looks like the respondent is Nicholas Joseph
penoli pen okay and what did Mr penoval do my name is Nicholas Fischer and I have been sworn in I'm a code compliance investigator for Martin County this case concerns the citation case enf 2024 502
62 against Nicholas Joseph penol Mr penol was issued a citation for violation of County's ordinance section 43. 49 subsection a subsection 5 engage in Business Without a license General ordinances Martin County Code the citation issued to Mr penol is counting
exhibit number one a copy of the property appr record of ownership for Nicholas Joseph penol is County's exhibit number two this is a Port St Lucy uh property record of ownership what did um what was
he doing so for this particular case he was an unlicensed Window and Door uh subcontractor that was hired by an owner builder for a new single family home build down in hob sound um and he was putting in the windows without a license
all right a valid Martin County license or state contractor's license okay all right and anybody here on behalf of Mr penoli seeing no one I'll accept in evidence the C's exhibits one and two in this case and find that it is
appropriate to impose um um fine in the amount of [Applause] $500 and the third one is Willie F Jackson and it's case well you're going to recite the case number anyway all right
so it's Willie F Jackson and um whenever you're ready go ahead my name is Nicholas Fischer and I have been sworn in I'm a code compliance investigator for Martin County this case concerns the citation case enf 2024 0602
98-01 against Willie F Jackson Mr Jackson was issued a citation by certified maale for violation of County's ordinance section 4349 subsection a subsection 5 engag in Business Without a license General ordinances Martin County Code the citation was issued to Mr Jackson is
County's exhibit number one okay and what did he do he was an unlicensed instulation contractor engaging in the business in Martin County he appeared on one of our inter Department subcontractors lists from a homeowner Builder permit um and he was trying to do the work without a
license okay a copy of property Praises record for ownership for Willie F Jackson is County exhibit number two and this is a I believe a physical copy and in Lake Park
correct mhm [Applause] okay copy of the return receipt is County exhibit number three Mr Jackson did not request to contest the citation therefore the Count's requests the citation be upheld and the order imposing penalty lean be
accepted okay Mr Jackson anybody here on behalf of um Willie F Jackson seeing no one without objection I'll accept into evidence the County's exhibits 1 through three in this case based upon that evidence in your testimony I'll find it is appropriate to impose a fine in the
amount of $500 in this case okay all right the next one is Julio Yoni and it's um let's see Bach okay
juu n k i okay whenever you're ready go ahead my name is Nicholas Fischer and I have been sworn in I'm a code compliance investigator for Martin County this case concerns the citation case enf 2024 090
482-0159 subsection a subsection 5 engage in business without a license General ordinances Martin County Code the citation issued to Mr junkie is County's exhibit number one okay building a deck okay a copy of the Property Appraiser's
record of ownership for Julio junkie is County exhibit number two this is from Miami date property appraiser pardon me okay a copy of the return receipt was signed it is County's exhibit number
three Mr yuny did not request to contest the citation therefore the county requests the citation be upheld and the order imposing penalty lean be accepted okay anybody here on behalf of Julio Yun seeing no one without objectional
accept evidence the coun exhibits 1 through three in this case based upon the evidence and your testimony I'll find that it is appropriate to uh impose a fine in the amount of $500 in this matter and hang on just a sec
made a different name okay next one this is David F Culberson and that's for this one
okay why did it pull this owning person okay go ahead my name is Nicholas Fischer and I have been sworn in I'm a code compliance investigator for Martin County this case concerns the site ation case enf 2024
110231 d01 against David F kerson Mr kerson was issued a citation by certified maale for violation of County's ordinance section 4349 subsection a subsection 5 engage in Business Without a license General ordinances Martin County Code the
citation issued to Mr Culberson is County's exhibit number one the retain pain in wall okay a copy of the property appraised record of ownership for David F cson is County exhibit number two a copy of the return receipt was
signed in his County exhibit number three Mr Culberson did not request to contest the citation therefore the county requests the citation be upheld and the order imposing penalty lean be accepted okay Mr
David F Culberson anybody here nope so without objection I'll accept in evidence the C's exhibits 1 through three in this case based upon the evidence in your testimony I find it is appropriate to impose a fine in the amount of
$500 against Mr Culberson okay that takes care of those we've got one case left the boil casee oh that's you miss Bush yes [Applause]
sir okay um oh and that's a stipulation okay great what do we got um in this is case enf 2024 8715 James M Bole is the property owner
my name is to Bush and I have been sworn in I'm a co-compliance investigator from Martin County the respondent James M Bole is not present this case concerns the property at 2580 Northeast Maran Street 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 James M Bo a copy of the Property Appraiser's record of ownership is County's exhibit one
okay on August 27th 2024 the property was inspected and at that time code enforcement investigator observe sightings surrounding the garage door no permits on fou and missing house number numbers the house numbers violation is now in compliance at that time the
property was photographed the photograph accurately shows what was seen in as smart discoun is exhibit to so it's deciding around the garage area that requires a permit got you based upon the investigation is
should a notice of violation to James and Bo on August 28th 2024 mark this Count's exhibit 3 and in the notice the following Martin County violations was cited sections 104.1 FBC permits when required Incorporated by sections 21.1
General ordinances of Martin County Code and the notice of violation the respondent was given until September 27th 20124 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 January 24th 2025 and is marked as Count's exhibit 4 the property permit screenshot is marked as County's exhibit 5 and this shows that there was no permit applied for for the siding
work okay and not under the residential remodel right well he he initially did it under a remodel and I think from my understanding and speaking with him he hired an engineer and I think they're
resubmitting under a different um type of permit also this permit hasn't been issued it was still waiting on applicant okay I was just wondering whether it could be included in that remodel permit maybe but it hasn't been issued
nonetheless okay the return receipt was not received in the property in County Administration was posted on January 30th 2025 and is marked this count is exhibit 6 and an Affidavit of posting this Mark this County's exhibit
7 okay on February 7th 2025 the owner James and Bole entered into a stipulation of agreement the owner has paid the agreed administrative cost of $350 the owner owner agrees to come into compliance 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 amount of $100 for every day the violation continues thereafter I request that all the County's exhibits be received into evidence okay all right um so without objection I'll accept in evidence the County's
exhibits 137 in this case based upon the stipulation in evidence I'll find that it is appropriate to the agreed order in this case ordering compliance honor before June 30th 2025 failing which finding the amount of $100 per day will
acrw and further note for the record that $350 has been paid to the county um for cost in this matter the uh stipulation is signed by James M boil on behalf of himself and by Miss
Bush on behalf of the county and so I'll go ahead and enter the order thank you special magistrate thank you all right um I do not have the U minutes
so you were going to review Decembers so I do still have those that need to be I do I don't know if you made it through those I actually have not so we're going to have two sets so December and January then and now February yes so December
January and February okay all right so we'll have three sets of minutes uh to approve at the next hearing which is [Music] on the 19th 19th yes March um March 19th
is the next hearing and we will hopefully see you all then thank you very much thank you