Good morning. >> Okay. Are you >> Daniel? They don't have I don't know. I don't know. Is That How long is it?
I'm good. How are you? That's it. It's just All right. Good afternoon, ladies and gentlemen. This is the December 4, 2025
hearing for the special magistrate for code enforcement for the city of Ovida. Uh looks like we have about three items on the agenda today. First item is
case CE25-0000840. Looks like the A respondent in that case is HVP Epic Alfa LLC care of Epic Real Estate Partners. The
address uh for the alleged violation is 15 Alfa Woods Boulevard, Ovita, Florida, 32765. Uh parcel ID number is 22-21-31-503-000000-00.
Who's going to be speaking to this item today? >> Good morning, Mr. Marcy. >> Good morning, Miss Moyer. This case came into compliance prior to the hearing, so it won't be on your agenda for today. >> Bless them.
>> Does the city need an order on that? >> No, sir. Okay. Next item on the agenda is a Massie hearing KCE25-0000421. Uh the respondent is Riverside Landings uh invc.
The address uh for the alleged violation is 1801 Broadway Street, Ovita, Florida 32765. Partial ID is 13-21-31-5 R-0000-00. Who's going to be speaking to this
today? Okay, Miss Moyer. Yes, sir. The property came into compliance this morning. They have a roughly about 40 days of non-compliance. >> And uh let's see, I don't have the prior
order in front of me. When was the date that I set for the compliance in my order? and I can give you a copy. You had October 23rd, 2025 at 5:00 pm. >> Would you like a copy?
>> And what was the fine I uh recited in that order? >> Yes, sir. $150 a day. >> Right. Raise your right hand, M. You solemnly affirm the testimony you're about to give shall be the truth. the whole truth and nothing but the truth.
>> Yes, sir. >> So, they came into compliance today. >> Yeah. Yes, sir. Um Cam Cameron, you want to come up and Yes, sir. Um, city staff uh Camerono can talk about the inspection.
>> Okay. Would you state your full name, please? >> Cameron Kaisedo. And you're going to have to spell your last name for me again, Mr. Cassidy. >> No worries. C A I C E D O.
>> Right. And what is your role with the city? >> Uh, I'm the environment and sustainability specialist, your honor. Would you raise your right hand? You solemnly affirm the testimony you're about to give shall be the truth, the
whole truth, and nothing but the truth. >> I do. >> What do you have for us, Mr. Cassedo? >> Uh, this morning I checked on the property at 1801 East Broadway Street and found that it was in compliance. Uh they had cleared all vegetation on the pond bottom and uh all vegetation that
was obstructing inlets uh spillway structures and uh outfall structures. So um I found the pond was in compliance this morning and on our end every all of our needs were met. >> Do you do we know when they actually
completed the work? >> Um it is unknown when exactly it was completed but I know that they were working on it this week. So, >> when was the last inspection prior to their coming into compliance?
>> The last inspection was October 27th. >> So, we don't know what date they came into compliance this morning. >> Not exactly, but I do know that they started the work this week. >> Okay. >> Yes, sir. I was just going to confirm
that I spoke with the property management who advised um she would have the work completed between Monday and Tuesday. However, it drag on to today. >> Okay. So, it was not >> it was not in compliance to on Monday.
They had crew there, she said, working overtime to get it resolved prior to the hearing. Okay. And do they have notice of today's hearing? >> Yes, sir. >> Can you provide me with what notices were sent?
>> Yes, sir. >> I'll give you a copy of the package. It was 15 pages. >> Okay. Thank you. Right. going to admit this into evidence as the city's exhibit
number one in this case. Go through it and tell me what notices were sent. >> Yes, sir. Pages one through four, uh, one through three, I'm sorry, is a copy of the property records showing
that they owned they still own the property. Page number four and should be five, but it looks like six. Um, is a copy of your order advising if they were not in compliance
that they would acrew $150 a day after October 23rd. Um, the finding of facts was sent out on September 30th. So, page seven is a copy of the affidavit. Page eight is a copy of the uh certified
mail receipt for that page I'm sorry some of these numbers are off but page number 10 if you're looking at it is a copy of the green card signed. Page 11 is I'm sorry. Uh Cameron went out on the
>> 27th >> 27th um of October to do the inspection and found it not in compliance. So we issued an affidavit of non-compliance dating back to the 23rd. Page 12 is a copy of the notice of hearing
for today's hearing. Um, page 13 is a copy of the certified mail receipt. I'm just letting them know about the Massie hearing. We got a signed green card. We sent the separate notice for the affidavit of non-compliance. We did not
get the certified mail receipt back, but we do have a copy of the um green card signed by someone at the management company. >> Right. Thank you. I'm going to find as a threshold matter that all notices uh
required by Florida statute and city of Ovida ordinances have been provided to the respondent. >> Uh so the city is seeking uh a
final imposition of fine for what 41 days? >> Yes sir. at $150 a day. >> Yes, sir. >> U do you know why no one's here to speak on their behalf today? This was their
opportunity to give us any extenduating circumstances. >> No, sir. I had a conversation with the property manager on Monday. She advised that they were going to try to get the work done. she wanted she needed an invoice for the fees that she owed. Um
and she just asked if she needed to report to the hearing. I said, "If you're not in compliance, I would show up to the hearing by the date." But I'm assuming she, you know, the assumption is that they got into compliance this morning, so there was no need for her to come to the hearing. >> Okay.
U I'm curious when did when did uh Riverside Landings first get noticed that that pond was not in compliance? I mean even informal notice. How long have they known that that pond was out of
compliance? I didn't bring the original uh inspection forms from my first visit, but it should have been sometime in May was my initial inspection that I would have issued them a letter and um I
conducted an initial follow-up inspection for code enforcement on August 18th. All right. I am going to impose a fine of $150 a day for 41 days. That is
$6,150 if my math is correct. >> Yes. >> Yes. Uh >> that is the fine I will be imposing and I will enter an order to that effect. >> Yes, sir. Right. The next item on the agenda is
KCE25-0000 421. it. Uh, I'm sorry, it's the wrong one. Okay, sorry. The next case is C25-0000685. The respondent is a AH4R
Properties LLC. Attention property tax department. The property is 623 Horseman Drive, Ovita, Florida 32765. The partial ID is 14- 21-
31- 515-0000-2570. Who's going to be addressing uh the case today? Anyone who's going to be speaking, if you step forward. Right. Mr. Moro. Morero, you're an attorney. >> Yes. Okay. Are you going to be offering
fact testimony today as opposed to legal representation? >> Uh the fact testimony will come from >> Okay. Well, then I'd ask Mr. Dominguez and Miss Moyer to raise your right hands. You solemnly affirm the testimony
you're about to give shall be the whole truth and nothing but the truth. So to God. >> Yes, sir. >> All right. And uh Mr. Mr. Dominguez, you've signed in, but your name is Daniel Dominguez. >> Yes, sir. >> And you are a representative of the owner. >> Yes.
>> Mr. Morero is the attorney. >> I would like to make some. >> He'll need to spec step to the microphone. >> I would like to make some arguments if I'm allowed. >> Oh, yeah. You will be in in due course.
All right. We'll begin with Miss Moyer and then we'll call on you. All right, Miss Moyer, what do you have for us today? >> Yes, sir. So, this is in reference to property um or the case number C25
hyphen 00685 623 Horseman Drive in Ovido, 32765. Um I have a package of 26 pages. May I approach the bench? >> Yes. Has that been provided to the respondent? >> Yes, sir. >> Okay. Thank you.
Right. Unless there's some objection, this 26page document will be admitted into evidence as the city's exhibit number one. All right. Go ahead. >> Yes, sir. Pages 1 through 4 is a copy of
the property record card showing that 4H I'm sorry AH 4R Properties LLC is still the owner of the property. Page five, page six. Page seven is a copy of your order from the um last hearing. It's the finding a fact
conclusion advising that if the violation was not in compliance on November 20th, 2025 at 5:00 p.m., then a fine of $150 a day would be imposed. Page number eight is a copy of the
certified mail receipt for that finding of facts. Page number nine. Um, and this was sent to both the tenant and the um, property owner. So, they're going to be two sets of certified meals. Um, so page number nine is a signed green card from the
resident residing at the property. Page number 10 is the second certified mail receipt. This would have went to the property owner. And then page number 11 is a signed green card. I went back to the property on November 25th
and was advised by the tenant that the issues were unresolved. We went through the property and did an inspection. And so pages 12 through looks like page 21 are are all uh photos of different
windows. I tried to write on there for you um where there was locks on the windows but if the windows was not working properly. So I kind of wrote on each one um there was some locking mechanisms on the windows but not um functioning properly.
I've forgotten how many windows were there total. >> There was four windows, five sets of windows. So, some of them had locks on them, but the way they were opening, they weren't opening and closing or adjusting
correctly. But there had been no resolution of the problem between your uh first inspection and and the last inspection. >> So they had two viol they they had three violations on there. There was only one
um violation that we continued with. Um it was just the ones for the windows, not the the windows directly itself. um not the ones where they weren't sealed tight and uh weatherproof. We took those
violations out. I didn't see any evidence of that at the property. It was just the windows with the locks and the locking me mechanisms. >> So, the only issue is the locks. >> Yes, sir. I I I wasn't able to substantiate the
other violations. I didn't see water water protruding through or or any evidence that I felt comfortable with saying they were in violation of that. All right. I'm going to find that all notices required by Florida statute and
city of OV ordinances have been provided including that one for the hearing today. And I do note that the respondent has a representative and an attorney here today. Uh, so do you have anything else at this point in time?
>> No sir, nothing other than um the tenant advised that he was going to work try to work with the property management for them to come in um to do some the lock to fix the locks. What I advised him was
that they may they have to possibly adjust their time to allow them to be able to come in and and get it resolved um so that the case can, you know, go ahead and they can get the house secured if that's his um issue. He advised they made an attempt um they weren't
available and that they were waiting awaiting a rescheduled, but I advised him that there um should be some more flexibility in that so that they can get the windows because we care about the property uh being secured. That that was it. >> And this is a massy hearing today on this. >> Yes, sir. It's a massy hearing.
>> How many days of non-compliance uh is the uh city seeking? >> Uh November since November 20th. >> Just what was in your order? The 20th. >> Okay. Through today's date. >> Through today's date. Yes, sir.
All right, we'll hear from the respondent who wants to speak to this and you, sir, are Jose Morera. >> Yes, good afternoon. >> Good afternoon, sir. What do you have for us? Well, what I would like to begin
with is um the reason my client was not present at the last hearing is because according to the certified mailing page 11, they did not receive the notice of hearing until uh 11325, which was after the date the hearing
took place. It appears that the property owner received the notice on October 21st, 2025. I do not believe that he provided the notice of hearing to my client and I believe that the likely reason for that is there is currently a pending eviction
um from my client against the tenant. Um so we would ask for a little bit of leniency as it relates to the fine because my clients weren't aware that the previous hearing even took place until after it had already occurred.
>> Well, let's explore that. Miss Moyer, when did the notice go out for that uh for the hearing was on October 23.
When did the do we have a signed card by the respondent for that notice? Let me go back through the pages. Yes, sir. So, >> what day did they sign for it?
>> They signed for it on 11:3. >> And when did the notice go out? So, this is just a copy of the finding of facts. Um, Missy, I don't have those um receipts for um that notice. They were made aware
about the the violation um in enough time because it even if they got it on a 11:320 would have been a date for the compliance um from your order, it was posted to the property as well. I didn't bring in that because I got certified um receipts for it. So the hearing occurred
on October 23rd. They signed for it on on on 113. I'm not sure if they made attempts and couldn't reach anyone, but that was for the finding of facts just letting them know that they needed to come into compliance. Um so from 11:3 to 11:20
um is their their due date or compliance date was 11:20. So I think what he's your >> reason >> I just saw whatever. >> Yes, sir. So I'm not there. So the order
you you had the magistrate on the 23rd. The order went out. They didn't sign it until 11:30, you guys. Right. Um but from 11:3 to 11:20 was their time frame to get it in compliance. I was just curious when the notice went out.
>> It went out um I'm not sure on the 29th is when the certified mail receipt went out. So >> when I Okay, I'm I'm getting confused. We had a hearing
>> on October 23, 2025. Uh I'm trying to understand when the respondent got notice of that hearing. >> So on the 23rd is when we had the hearing. We typically get the notices or
get the orders back on Monday or Tuesday, which would have been the 27th or the 28th. If um I believe something needed to be corrected. I'm not sure if that was on this one, but it went out from it could have from a Thursday to a Wednesday, but we typically get the
orders in on the 27th um on Mondays. So, >> yeah, but I'm not talking about when they got the order. >> What I hear Mr. Moro saying is they didn't have notice of that October 23 hearing.
>> Um I didn't present that case. Um, that was Missy when she was here. So, I'm not sure. But what he's referring to is the finding of facts. So, we're just talking about the notice. I'm not sure why they didn't receive it. I wasn't here for that. >> Mr. Are are you saying, Mr. Morero, that
Please, the microphone, please. Are you saying that you didn't get notice of the October 23 meeting until after the fact? Well, the only evidence of any notice that I have at this point is what's been presented by the city of Ovido. And the
green cards that they have indicate that whatever they mailed to my client was not received until November 3rd, 2025, which occurred after the date of the hearing. If if there's other evidence that indicates that they received notice prior to the hearing, I don't have a
copy of it and I I have a copy. My client doesn't either. That doesn't mean it may exist. It just means I haven't seen it. >> So, what you're really talking about is a copy of the order and not the notice of the hearing. >> Um, >> this is what that's referring to. This is a finding of the facts.
>> Yeah. So, so you did get the order prior to the uh date of compliance. >> Uh, yes. If that if this is for the order, then yes, that was received prior to the date of compliance. Well, I had before
me at the time of the October 23 hearing all notices that had gone out for that October 23 hearing. And I found uh at that time that all notices were proper. So, I I think it's it's clear that your
uh client got notice of the October 23 hearing. Now uh as to the order that I rendered on October 23, it appears that your client got that on November
three and the date I had for compliance in that order was November 20th. So certainly uh had uh time to comply. uh any other reason that uh
>> you know I guess what I'm really trying to figure out is why hasn't there been compliance >> and I I can speak to that >> there is as I stated earlier a pending eviction case against this tenant um as a result and my client can testify to
that uh repairs to the windows have been difficult to coordinate I do have some text messages. On November 14th, 2025, my client reached out to the tenant and attempted to schedule a date to repair the windows. >> And what was that date again?
>> November 14th, 2025. To repair the windows on November 18th, 2025. The tenant replied that the only date he was available was November 15th, which was the following date. um and that he was not otherwise available
until the week after Thanksgiving, which is this week. Um so, as a result, because the tenant refused to allow my client access until after Thanksgiving, they were unable to enter the property and make the repairs. Um my client's
representative can also testify to the fact that a new date for repairs have been scheduled on December 10th, 2025. um that they're going to submit a notice to enter the premises to the tenant so that even if he is not present at the
property, they will be able to enter and make the repairs. Uh the only issue that we have at this point is and um the uh code enforcement supervisor can also testify to this if she would like. There's a large animal that resides on the property. uh if the owner is not
present and that large animal is loose in the house, I do not know whether my client will actually be able to enter the premises and make repairs. Um so at this point, my client is attempting to make the repairs, but the tenant is proving a tad uncooperative
um likely as a result of the pending eviction. Uh so the only thing my client is asking for is some leniency as it relates to the fines. They are attempting to make the repairs, but they can only do so much to enter the property and force their way in to make repairs if a tenant won't allow them to.
And I have copies of the text messages if if you would like them. >> Sure. If you'd like to admit those, I would approach. >> Yes, please. I have two documents which are >> Tell me what I'm looking at here.
>> Those are text messages. The first text message is from my client to the tenant. The second text message is the tenants's response indicating that the only date he is available is November 15th, which is the day after the first text message, and that he is not available until after
Thanksgiving for my client to enter the premises and make repairs with him present. >> So, the tenant really only gave one day for making the repairs. >> Yes. >> I'm going to admit these two in the evidence as Respondents
exhibit composite exhibit >> one. >> And uh if you need to hear from my client, he can uh testify as to what I've already told the court about the issues with this tenant. >> Yeah. Well, let me ask you some questions first. >> Understood.
>> What's the status of the uh eviction proceeding? >> The eviction is currently pending. The tenant has filed several motions, one of which is a motion to determine rent. Uh because of the way that Florida statute is written, when a tenant files a motion to determine rent, oftent times the
court will set a hearing on that motion. So, at this point, we're waiting on a hearing date. Typically at those motion to determine rent hearings, the court will order a tenant to deposit rent into the court registry and an amount to be determined by the court. In the event that the tenant deposits the rent into the
registry, then a subsequent hearing will be set as to whether the eviction can move forward or not. So the timeline on the eviction at this point is it may potentially take two months, maybe three. Um that's largely uh going to be a result of the discretion of the court
as to when they set a hearing and uh whether or not the tenant actually complies with the order directing him to deposit rent um and whether a second hearing is required. But at this point, my client's intent is to have the windows repaired on the 10th of
December, assuming there isn't an issue with the large animal on the property, uh and assuming that the tenant doesn't continue to restrict their access to the property. Okay. Uh, and Mr. Dominguez.
>> Yes, your honor. Good afternoon. >> Good afternoon. >> I'd just like to go over a very quick timeline of the window issue uh at this home. There there are
other issues that may or may not be relevant for to this case, but As far as the window issue is concerned, on March 31st of this year, the resident reported that the windows were not sealed.
So, we sent a vendor over to the home. Um, all window locks were functional and uh were inspected for air and water intrusion. >> And what date was that? >> That was uh on
between April 3rd and April 5th. >> So, they were inspected by a by one of our vendors. Correct. Uh the vendor inspected the windows and advised that all windows and locks were all functional and that no repairs were needed.
On July 7th of this year, the resident reported that the windows were not secured. A different vendor was dispatched and reported that two windows did not lock one window and that one window on the
upstairs had a broken glass. >> Okay, let me back you up here. And what date was the second inspection by a vendor? >> That was July 7th. >> And what did the vendor report on that day again? The vendor reported that two
windows did not lock and that one window on the upstairs had a broken glass. >> All right, you go ahead with your time. So, uh, the broken glass was repaired that day and it was confirmed by the vendor that all windows had working
locks at the time. Okay. So, he repaired also the locks that were that were there and replace the glass. On November 10th, we received notice from the city of Ovido advising that
seven locks were currently broken on the downstairs windows. >> And what date was that again? That was November 10th. >> Okay. >> Uh, seven locks. Okay. So, we we received uh notice from
the city that seven locks were broken and that we began attempting to schedule repair with the resident at that time. Um, we did send a message on November 14th, which are the text messages that
you saw, um, in order to schedule for the 18th. And the resident came back and said he's not available until after Thanksgiving, the week after, which would be this week. And did give us an alternative date of
the 15th, which was the next day, which we were not were not able to do that. Right. >> All right. Anything else? >> That's it, your honor. >> Okay. Well, when I arrived this morning on my
uh desk here was a written statement from Scott Douglas, a tenant. Because he's it's not under oath, I I cannot accept it and I cannot accept testimony. Uh
uh so I but I wanted everyone to know that it's here but I'm not considering it and because it's not under oath I cannot accept what's in there. >> Yes, sir. >> Yes, Miss Moyer. >> I don't have anything, sir.
>> Mr. Morero. Uh just in conclusion, based on the text messages, testimony from my client, the other facts that were presented in the arguments that I made earlier, we're just asking for some leniency on the fine. It's clear based on my client's testimony on the text
messages that the tenant has been uncooperative. He hasn't wanted to allow my client access to the property. Providing one date in three weeks for them to be able to make the repairs is unreasonable. There is a pending eviction. Um, I believe that this is
retaliation against my client as a result of the pending eviction, even though obviously I don't have evidence to prove that. Um, but regardless, my client wants to make the repairs. They they want to enter the premises to make the repairs and thus far their efforts
have been stalled uh by the tenant who is complaining about the repairs. Um, so if we could just have a little bit of leniency on the fine, 30 days, 60 days, anything, just to give my client the ability to enter the premises either
permissibly or not forcibly, but through a notice to enter um so that they can make the repairs, they will bring the property into compliance in due course. Nothing further. >> Anyone else have something to present on
this one? All right. I'm going to decline to impose fines at this time. Uh uh I am going to say that set a new date for compliance and that will be January
30 of 2025 5:00 p.m. If the property is not into compliance by that date, then fines will begin to acrue at $150 a day.
I'm going to provide in the order that the tenant must provide uh access at reason on re reasonable dates and reasonable time so that repair people can have unencumbered
access to effectuate repairs. Uh let's see when is our next hearing our hidden hearing in January is 20 on the 22nd correct? >> Yes sir. January 22nd. January 22nd.
>> All right. I want to change the date for compliance until >> January 22nd, 2026. >> Yeah, I'm going to uh January 20th. That's a shorter time
period, but if it's not uh I'm trying to make sure we need to give people time to uh >> All right, that's good. when we'll make the compliance date January 26th
of 2025. >> 26. >> Oh, >> uh, you're just stating the wrong year. >> What's that? >> You're stating the wrong year. You saying >> 26. Yes. How soon we forget? The time
flies. All right. U, the uh but the hearing is on the 22nd. So the compliance date, let me start over. Compliance date will be January 22 of 2026.
January 22 of 2026. Uh so I would suggest you keep good records. If the tenant doesn't allow you reasonable access, then we'll revisit the subject. But I think in light of the
controversy today and the testimony I'm hearing today, it would be unfair to impose a fine for the delay up to this point in time. Okay. Anything else to come before us today? >> No, sir. >> Okay. We are adjourned.