>> To
to to
>> to
>> too,
to.
The,
>> good afternoon.
My name is Sherry said then and I'm the special magistrate for
Seminole County.
The way that this process works is that the county will present
its case first it will present any witnesses and testimony
that it has or any evidence you can cross examine witnesses
that the county presents. But you cannot present any
evidence or testimony until it's your turn to go once the
county has closed its case that it will be your opportunity to
present any testimony witnesses evidence anything that you have
I will make a decision here today at the close of both
cases are both sides.
If you are here for the first time and are found to be in
violation and you fail to come into compliance and this is
your first time use and have a penalty of up to $250 a day
imposed. If you are here is a repeat violator, you stand to
have a fine imposed about to $500 a day if you are found in
violation of the county scope.
We are going to get started with the first case and if what
I call the case if you'll come and have a seat here then we
will get started. So the first case is going to be 2366 e E S
M Frein Lima and Kelly on race.
I'm going to swear in witnesses first if you go ahead and and
state your name and any appearance. Kelly Andrus
Jay can you state your name and ebron not sure thank you okay,
and so anyone that's going to provide testimony if you could
please raise your right hand
do solemnly swear or affirm the testimony you're about to give
to be the truth, the whole truth and nothing but the
truth. Yes, yes, thank you.
Good afternoon officer hills and the county Sheriff's office
couldn't force Monday's region and some new copy my powerpoint
to the clerk as exhibit one.
Okay, have you given a copy to
you know the attorney has gotten one to another one.
I know is on his is they've received a copy I think that
that's fine getting you have no coffee.
Just a few she gave one to me okay, I apologize.
Is there any objection to this power point being accepted into
evidence.
We are objecting to the photographs.
Okay, let's let her go ahead then first before I accepted
into evidence if you go ahead and present your case and then
we'll discuss whether anything can there's objection after
that.
>> This is case 2366 esm if remain Kelly in just located at
a vacant property Lowery drive in really do
violation charge Seminole County land development code
chapter, 30 per 7 section, 13 point want you to use his
permit and storage and says researchers that they can
parcel is not permitted use in a one zoning district.
My initial inspection was on 3/16/2023, with notices to the
respondent on March 17th
April 6 the 9th in 6/16/2023,
was completely seeds of April 17 27th 2927th in July 5th of
2023 with multiple Powell inspections, including
yesterday, there's ultimate all those factions, the violation
of storage and the sensory structures innovative person
remains on the subject property.
This photo was taken on my I myself and the initial
inspection on 3/16/2023.
These photos were taken by alert her helicopter on June,
1120 23 when they were out on air show. Madam magistrate,
I don't know how you like to run the objections, but we
certainly object to the
photos taken over head.
I noted for the league a search and invasion of privacy I think
that this isn't a criminal proceeding it but the 4th
Amendment does apply the code enforcement matter so.
Your objections noted
sustained or overruled.
>> I'm reserving okay like I said to you at the beginning I
was going to let the officer present her case and so that's
what I'm doing.
These photos were taken on the same date.
These photos were taken on the same age as well.
>> This too is an image of the an email that I sent to MS.
And Jayson 6/14/2023 with a 3 attachments of the notice of
violation I was having a hard time getting ahold of them,
the property appraiser that to me legally site but I guess for
some property appraisers a P o box at the time.
It came back sent back to myself because it was not a
good address so then I did a surge in our Cafe report
reading system and found an e-mail address so I sent
notices to the email address as well, I also ran this Andres
driver's license got a different address was listed on
property appraiser said the notice to that address as well.
These photos were taken by alert on 6/6/2023.
But it was opposing originally this case was going to go to
could board in September so I posted it for hearing for Kobe
Bryant at that time the day so I posted 11 days prior to the
hearing. I got a phone call from MS. Andres the day before
which was September 26 the hearing date was September
27th,
and said stated at that time she had not received any
notices for many of the addresses we're the e-mail and
I've actually gotten her phone number from the building
department and left her a voicemail and I did not receive
a phone call back.
I'm a nurse and is calling on the 26 she asked if I could to
the case to another date because she was not properly
noticed.
After I spoke with turn right or because they're good
progress made towards coming into compliance.
And I hadn't heard from until then that I would not continue
the case and then she could explain that code word what was
going on with the property and the reasons for no contact so
as Andrea said she was working towards compliance by getting a
permit for a primary structure. So I told her I would call the
contact the county and talk to them so I spoke with MS.
Parker's and she had said that there is no come in the process
for a primary structure and that they also had violations
as well and suggested that I take this case to special
magistrate instead a code word. So I filed the affidavit of
withdraw from cardboard and submitted my statement, a
violation in 2 and missed Parker's for today's hearing.
These photos were taken from the alert on September 2620 23.
These photos were taken by myself today opposing for
special magistrate on 11/6/2023.
>> Show me what I'm looking at at the pictures that you took.
>> So this is a place to be if they are so which means nothing
should be on this property. So these are the one on the
left with is a storage container. So one of the right
is a large metal building.
>> Okay and then the what about the fence in.
>> That's going to be with the building department but that is
my posting out from their property. OK.
These photos were taken by the same date on the same date.
These photos were taken by myself on it. Yesterday
November 15th.
Moos photos were taken yesterday as well.
These photos are taken as well. The right is worried that there
is going to a camper that is on the property.
These photos were taken by alert yesterday.
Same day.
This suggests the recommendation is based on
Testament evidence presented in case, 2366 TSN as chairman of
the respondents differently 90 Kelly, and arrests are the
owners are record located on the vacant parcel Larry drive
that we can do and you see in Oviedo as you read by property
appraiser records in possession or control their property and
is in violation summit County land development code chapter,
30 part 7 such a 30 point want you to use is permitted.
As for the recommended that the special magistrate issued
whatever they responded to correct the violation on before
midnight and 1/16/2024. Correct the violation respondent must
remove them permanent storage and sensory structures from the
property respondent does not comply with the order a fine of
a $100 will be imposed for each day, the violation continues or
is repeated after compliance, this concludes my presentation.
Okay, so tell me a little bit about the alert system so when
we can send an email to alert in is there in the area into a
very patrol which they do on a daily basis. If they're in the
area of a property that has a code violation they take photos
or video footage. Okay and and who who and what is alert.
It's our helicopter. The sheriff's office helicopter,
okay.
>> And they are just
regularly.
>> Patrolling by are correct they have to get flight hours
and so they will patrol unless they get called out for us as a
certain call for service by deputies and they need alert
for.
>> OK and so when they're patrolling by air. Either what
types of things are they observing typically.
>> And so to answer that if it's for deputy, it could be
for if there's a a burglary in progress really looking for
suspects.
And if it's for code violations, we never asked them
to directly go to a property, it's early in the air, only if
they are in the area hen store area official.
>> And so you is there a is it a day that constant taping and
then when you receive the taping. Do you hone in on
photos you need.
>> So it's so they so they fly at so-fi over the area it's
there it's there in the area for an area official. They will
take for that the concept footage and then they'll be
there's clips photos from the footage themselves we'll send
you the footage and I just go and and like you said one in on
certain areas and and Cliff and and use the program paint to
crop out late neighboring properties.
>> Did you. Provide e cropping of this video footage or was it
done for you.
>> It was the footage was sent to me by our aviation unit.
>> Okay, and then did you hone in on this specific properties,
correct okay. So the photos that you have shown in this
pass our point or created by you from footage you received
from the alert, you know when they were in the area. Correct
okay, I'm I'm with you I'm like to
indicate now your objection.
>> Yes, I object to the area all the photos taken by the
helicopter, unless the person is here who took the photos
even though she may have
zoomed in and crops. I believe that still an illegal search.
And also
where's the person who actually took the photos to demonstrate
that this is true and accurate representation taken at the
date and time indicated.
>> Okay the objection is is overruled I mean except the
documentation presented in the electronic case file into the
record.
In this case are you finished with your presentation, this
man okay now entertain your case.
>> I'm just going to give an overview of some of the legal
issues but I will let miss Andras speak on the factual
issues that that's right. Absolutely it's very informal.
So however, you want to handle it is fine. I am also a special
magistrate haha
we show you over there.
I spoke with Mister Lima and missus Lee my last night
because late in the day yesterday as when they finally
received the code file. In this case for
one time they didn't even know what the violations were and
MS. Hill have been on vacation for quite some time.
And they were not able to contact her prior to the date
of the previous code board it's. Senate hearing.
Miss Hill has testified that. Notices were issued March 17.
April's 6 May 9 and June 16th.
>> However, when where.
>> Is that it are there any other notices and where is the
proof that that was actually sent certified mail because I
don't think the coach file that we got indicated that
how the notices were sent.
I'm not going to testify, but I believe MS. And Russ will
testify that they did not receive the notices.
Also
I don't see that the officer put the notices into evidence,
but the notice is I don't believe say anything about
excess restructure I believe that the notices just say
what's the worst and notice storage and I think it says
anything about an unpermitted structure. The notice. The
notices
while the eye. You know we might look different cases and
then there's the subsequent case that we have today as well
that's the building. The case this is a zoning case. Yes,
I am I'm talking about the stoning case okay. It's a part
of me but it says for move and permanent stores last accessory
structures there that's not on the U.S..
Right so what she's got written on a power point is not the
same thing that's included on the warning notice of code
violation, it says storage on a vacant parcel not permitted in
a one zoning.
Nothing about an excess restructure.
Also
miss Andres perceived a withdrawal and a closing
of the case that relates to all of her prior inspections.
So all the notices that she alleges were sent. In March
April May and June all related to a different cold case and
there was a withdrawal of that cold case and miss Saunders was
informed that that case was closed and that was in late
September when that case was closed G of the documentation
of the closure. Yes can you provide that to my place.
There are a lot of notice is there for you not to have
received them.
These affidavits of Mary yet.
Well these are from what she got from from the public
records requests not what she had actually received.
She did a public.
As of today, we're going to trial.
Well here. This is the affidavit of mailing of the
withdrawal and the closing of the case. Aproach yes, the same
case number.
You know 23 dash 41 with the subject
sections can but but not the case that's forced today.
So the case that's before us today, 2366 the esm has not
been closed, correct.
The point that I'm trying to make they may not very well is
it.
All of the inspections that were done were for the other
case and all of the notices that allegedly went hour for
the other case.
Now that they created a new case they close that case then
they created this case that we're here for today but did
not issue a new notice there was no notice of violation with
time to comply percent to one 62 point. The 6 I think and
that was not done and that's required to be done before you
can take a case to be either code board or the magistrate so
at this point I don't think
you have jurisdiction because they did not follow the process
in chapter, one 62 to bring the case forward no notice of
violation was issued for this case, no time to comply was
issued for this case, okay, let me ask the officer do you have
the notice of violation that was sent
posted and all the notices that were sent.
For this case.
>> The case never changed it was going to be brought before
the code board.
But then one is Andrea say she could not make it because due
to a meeting conflict. I told I would get with the county to
shoot said she was in the process of getting permits for
primaries could structure because that's what you need on
this property before she can have anything on this property,
each has to have a primary structure which she does not
have. So I contacted the building department spoke with
MS. Parker, she said there was not an application process for
a primary structure should said they also violations that they
were taken to a special magistrate suggested that I
close out.
My case which is just filing an affidavit of withdrawal which
is what this is a threat not close and okay, okay to not be
issuing notices cause plenty of notices have gone out all
different ways.
The a e mail, the a different address as.
>> But it is very close in the case but says and they're
closing the case.
>> And when the sheriff's office and the county's those
have violations for the same property in the county likes
him to come to one Avenue
which would be special magistrate in this place
because a building department does not get hurt before the
court the code board.
>> Okay, this is just the affidavit of mail and can you
show me the affidavit of withdrawal.
I approach this yes.
So I think how did you re initiate what was the document
that re initiated the case under this different case
number.
>> So without the affidavit of withdrawal so that takes it off
the could board agenda.
Then I file another statement, a violation
which is the same dates for the notices for the inspections.
But for special magistrate.
Do you have that document.
The statement of violation.
The statement of violation is not a notice of violation,
no it's not. It's a case package that we submit to the
clerk so she opens up the case and gets it on the dot.
>> The problem that I'm having is that it was withdrawn.
And it doesn't say withdrawn and assigned a new case number
under the special magistrate process.
So I do find it interesting though that your client did not
receive any notice, but they magically received the notice
of withdraw.
>> That's kind of interest this is from the case file that she
had to ask for our pursuit of a public records request.
So none of the postings that were on the the fence or
anything this is where the scene this is
all they got was these were the 2 there were 2 postings of the
notice of hearing, not notice of violation, but the notice of
hearing.
These are posted outside of the fence and these are the only
things that they received they.
The first one was posted on September 15th and I believe
that that that is when they tried to call and MS. Hill was
on vacation.
Before the the hearing was supposed to be held and they
were trying to get information because they didn't understand
what that meant no storage.
The only thing that MS. Hill said is you can have anything.
So why did you let your client testify as opposed to you
testify. It so
but before I get to that let it officer Hill did you
indicate near notices that their removal of the
unpermitted storage. For you were you referring to
everything on the property as storage since nothing was
supposed to be there without a primary structure, let me pull
it up the second.
>> Summing it is said summit County one of the code chapter,
30 part 7 section 30.22 story making parcels not permitted
use in a one zoning district corrective action and to permit
a certificate of occupancy is issued for a primary structure.
But it's in the county building department all as this reduces
and must be removed from the property.
>> OK, so it does talk about accessory use is not just
structures.
So has have ma'am have you received that notice that
spelled out
what the problems were on the prop, the property even if it
was under a different number had you received that notice.
At the time that it was posted.
For the notice of hearing only we have not received the
violations prior to that.
So you you were able and you have
you have your affidavit of mailing your affidavit of
posting.
>> Of course that you we do not need to do an affidavit a
mailing we don't send anything certified mail only in the
clerk does everything goes out by regular mail. We we we send
the notice that's on property appraiser in that address was
no good that notice of violation was sent back to me
as undeliverable so then I went to a driver's license, I sent
it to that and rice and then in March she requested to change
her p o box, the one that was it not deliverable to her
mailing address which was the address listed on a driver's
license, so that got changed, but all the indices were sent
there as well as 2 or email address and then I also
attempted to color and I left her a voicemail. I got no
return call.
>> Did you post in addition to all of these things as well.
>> I posted for those hearings that could board hearing that's
when I first heard from her after the posting and then and
then for the special magistrate hearing and everything is a tax
that orange piece of paper that she showed the statement a
violation the notices property appraiser she etcetera.
>> So the orange sheet that you received ma'am. Did you.
There was there was nothing attached to just simply receive
the orange sheet.
>> No there were attachments with these warnings of warning
notices of code violation and and that was all in the
statement that she stated, but again so then you did receive.
>> All of the warning notices telling you about the
violations that were on the property attached to the orange
sheet in September yes, okay and so you haven't received
them before September even though they were mailed to your
address, but you did receive them when they were posted
correct, okay, and do you receive mail at that address
which one.
I don't know the one who had the one you used and receive
mail at that address here see regular mail all of your your
bills and other regular mail at that address we get most of our
military stress. Yes, is there another address you demand that
so do have free, I mean we've had bill last I can say that
okay and so you did you receive any of these mailings returned.
>> Going the one that was for the P o box, the other one that
was on a driver's license now.
>> OK and how many a notice of violation I think you gave me 3
dates for sending the notice of violation.
>> One was a center March 17 that was the P o box of the one
that was that was the one that got returned. Then I ran a
driver's license and sent. Send that notice. An April 6 to
the driver's license address. Then as I was saying get it and
your spots I just tempted Lowery drive because that's how
this all started was that usp us the United States Postal
Service is attempting to the mail they contacted, addressing
to find out if that was a good numerical addressing said no it
wasn't and that's ended up going up to building department
and to me that's how this complaint came in so I just
like I'm just going to temp so our drive address, which of
course got return because it's not the correction a miracle.
>> And it's not a correct numerical because there's no
primary structure on the property tax. Okay, and so
you
in September.
So about a 30 days ago, you received the orange notice with
everything attached to it correct. Okay in in that notice
how many how many days is she given for correction.
30 minutes.
>> So the it was initially notice for the for the good for
the good address
because I had to start a pristine and pure box listen
back to me she was given it comes entire month from April 6
to May 7th to come into compliance.
>> And then I like I said I cer you can give testimony yourself
separately if you would like that I as she needs to give
testimony herself without you providing it for her.
>> And then when they attempted to Larry drive address ADA from
May 9th 2 to a June 9th and then for the final notice.
Again because we have 2 attempts even though it's not a
good address with Lilly posted on property appraiser but it
was June 16th through July fest and then I sent it to that is
on a driver's license again the same day June 16th 2 July fast.
OK so once it was posted in September 2.
>> Did she make contact with you and try to rectify the
situation.
>> Should they contact me like she said I was out of the
country on a mission trip when I returned. I returned her.
Call. We spoke the day before the code board here what what
was going to take place could board hearing and she had asked
if I would continue it because she was just notified should
told they should not receive my email my phone call and many of
these do this and what day was that that was the 26 September
26 because the hearing was going to be September 27.
Okay.
So
when you did receive notice
to be here today.
You had from the time that you spoke with her until today.
And you knew what the violations were cracked.
We understand that the violation that certain is
stored on a vacant parcel is not permitted however what
about the other documents that were attached to that that the
officer just read from where she said that those documents
stated that you are not to have it any accessory uses of the
property. Well.
No I do I'm not asking you counsel I'm asking making legal
documents though I'm asking a question of your client and I
would like the factual answer first.
We don't understand what.
MS. Hill is
stating has to be removed from the property, it is an active
construction sites.
We have an open building permit there.
>> And did you not just testified that there are no
open building permits on this case on this property.
>> I'm a structure but they can attest to what's going on is
they have other violations out there, I cannot tested going
apartment violations but I will tell you when I did speak to
her on the phone on the 26 I explained everything to her and
that's when she said why can't make the meeting I have another
meeting that I have to attend at that time.
>> OK and so did she not explain to you when you talk to
on the phone what the violations man. She did not.
My statement was that
we would actively work towards getting.
If she's stating it's a primary structure is the issue but we
do have an active construction permit which
I'm not sure when did you pull that
this is then.
This is a copy of the renewal that was process 9/18/2023.
Okay, so September 18th when did you receive those notices
of posting.
It was September 15th.
So the 3 days and so you came down here and you understood
something because you pull the permit. We yes we reopen
department, yes, okay. So there were there was a prior comment
that expired, yes, the MS. Hill didn't know about.
So you knew about it too though I I know that MS. Hill knows
the law. You knew about comment because you had one and you let
it expire.
Essentially yes, essentially or just yes. I'd like to speak to
my attorney for more year attorney has put you on the
stand and this is an criminal matter is so I'm asking you
questions and you need to answer that. Yes, the permit
expired, OK so you knew you had to have a permit on the
property, you let it expire did not know and you didn't have a
permit in order to have storage on my agricultural property,
I was not aware of that
is this property zoned what they want okay, it is.
>> It's not a permit I believe the permits for an accessory
structure, there's no permit for a primary structure.
You have to have a permit for a primary structure before you
can be issued a permit for sensory structures in storage
on the property CI.
>> We don't agree with that. If when you look at a one and
look at what they're actually citing it doesn't say you have
to have a primary structure because this is one okay,
well that's land development code, one on one night you do
have to have a primary structure of where you can have
an accessory structure so I'm not going to entertain that
argument. But you have to be do you need to look at the actual
code that they're citing yes and I have not seen anything in
any of the documentation where they're citing to any
particular section of 30.1 to 2 that is in violation 30.1 to 2
says within a run agricultural zoning no building structure
land or water shall be used unless otherwise permitted
except for the following uses and there is a very long.
Laundry list of uses that they can
that they can do on the property. So I do not think it
is accurate for the officer to keep saying you can't have
anything on the property for a run because that's not what
30.1 to 2 says.
Okay ma'am tell me what's on the property.
There is a
trailers.
A building.
A gazebo is a building have a permanent.
This is the permit.
Did you get it you received a prominent yes, this is the
permit that was issued correct. There's an issue permits.
You want to let's
lets you have even sworn in let's go ahead and swear you in
to solemnly swear or affirm the testimony about to give to the
trip truth. The whole truth and nothing but the truth I do OK
and can you announce your your name and title please tap away
building inspector for Seminole County building division.
Thank you.
Some miss Hathaway can you explain to me. If there are any
building permits that have been issued on this particular
property. There is a permit issued in 2017 for a shed slash
bar and there's no permanent address or parcel here for and
actual drawing itself.
>> But the this but there was a permit issued for an accessory
structure and 2017 okay, and so if you can having accessory
structure without a primary structure, how was there permit
issued that was with a different building official.
And he noticed that when they did the inspections out there
that there is being used to strike a primary residence,
so then he.
>> Permit so is the permit active right now and valid it's
open
which would be expired at this point in time.
So then
the document that you have is you reapply for in September
2018 you told me you don't have the permit just applied for it.
>> No the permit has been reopened it is an open issued
status currently which permit number you're referring to the
1740 9140, 91 correct.
>> It's an issue status. So it what's issued status may
just means it's open. So that means it has not been issued or
it has it has has been issued but they will not allow the
structure to be out there because that doesn't have a
primary dwelling and there is no septic system out there so
in order to have the building they would have to have a
septic system but how do you issue a permit if
it's not
allowed.
>> I'm gonna let her speak OK and so I need is for you at
least I was sworn in okay meghan's indoor ski project
Corning are planning and zoning. So my understanding is
I was not here at the time the 2017 was issued as a farm slash
Ed. So it had a culture or so years which would have been
permitted on a one zoning district, the current use as a.
They say this is not an allowable use on an
agricultural zoning district,
storage facilities storage of this nature would not be an
allowable permitted use
and accessory structure such as this even with the statement of
intent. This is not a bona fide agricultural use without a
primary structure would not be permitted or not be approved.
So they may have an open permit that may have been reopened
they also have 2 other out open comments that are I've rejected
currently that are open for comment but have not been
returned to me with any response to comments for over
30 days. So there has been no active movement on those either
okay.
>> So you you made a statement that that you have act property
is it, I'm a certified AG use to you have the certified
agricultural exemption through the property appraiser on the
where you have a bonafide AG use being made of the property.
We know, I'm not aware that okay.
We consume.
So what else is on the property.
>> Can we get back to the issue of how this came today when
they closed the case and did not issue a notice of violation
with
the required time to comply for this case number no I'm not
ready to be the area. Can you explain to me what is on the
property different than what you've already told me
there's not much else too.
You told me that there was a shed you told me that
>> okay I will ask you separately in a second this is
my husband, OK, but I'm asking you right now I want to know
from you what's on the property.
A building.
Trailers, what kind of building.
The permitted 4,000 square foot metal building. Okay, it's a
metal building is it being used for farming activities, yes.
So what type of farming activities are being done in
that building.
How storage of materials feed we
have plants and we have to grow different crops out their feed
for what we have
chickens but chickens are just
we just got rid of the chickens we had to be there for such a
guns were working on getting a new.
A lot of them, okay and what else is going on in the
building are you living in it and no okay. What other
structures around the property. That's okay are you living on
the property.
Do you have a different address that you live.
Yes that
and so I I saw something that looked unfinished was it if you
could take me back to that photo.
The photo you took
that
what is that
that is a a full bar
with storage and a pole barn is not enclosed
that's enclosed homicide.
Its storage.
So it's not a pole barn well, he's got a side wall so we can
shelter.
Hold on is polls and the cover.
And you have a permit for that structure
was so requires a permit
to my understanding.
Sir did you have something you wanted to add.
Could you let him come to the Mike please. So I.
>> I've been doing the construction in the building
for a while now so a lot of the stuff is construction debris,
construction material that we have like the container that's
what got all my tools and equipment to proceed because
we've been working that property little by little so if
you have a little bit of time I come in there and keep working
like pavers and
a green the plans of banana trees is just soccer culture
that's what we do. A second and then we breed we've got a big
pool for the fish too.
And to create more fishing. It's just it's just
but they never give us the opportunity to explain to us
what permit we need I got I got to see involving to support any
pros they need and again they are detecting engineer to work
with them whatever they need.
Dishes came out and didn't give enough time to to do anything
so am I she glad that we here because I think with you on
board. Do we need to work more with new communicate better
like I didn't know we being on top of that you see about the
other 2 permits that we submitted just today this
morning we fund they just told us that it was rejected and
everything that we asked him this morning what's the
rejection about why the Mikey taking juniors to fix. We still
don't know.
So I'm really happy that my she here with you because I I've
been going on with this in 2017. I've been treating it
very unfairly and there's a lot of
stuff in here that they just don't call back.
They don't communicate.
So, many permits studying that we need if they will give us a
chance when you're under oath hywel good we have engineer and
architect image you see we're getting any progress they want.
We just think that the difference.
>> This is a different case though, where that's the
building case. So what we're hearing is that you have a
bunch of storage on this property.
That is not permitted because you don't I have an accessory
structure on the property or a primary structure on the
property. Its subject do you all have a anything that you
would like to provide in that refutes the
argument could be Council and that chapter 30 part 7 section
30.2 1 to 2 there's nothing in that section that states that
it.
This use is this storage use is not permitted without a primary
structure.
>> And if we need a primary structure, sorry sorry, I'm so
sorry.
For the record Megan's or ski planning and zoning.
So permitted uses.
I can read you the list is quite lengthy.
Do not list storage.
Limited uses also do not less storage.
It's the way our codis found out that storage is essentially
prohibited use because it's not spelled out in our code.
Okay, because it's not listed as a permitted use it prohibit
its associated use. So
and the only way to allow the storage would be to have a
primary structure that is constructed on the property all
it would depend on the type of you know type of storage as
well I imagine Street so.
For instance, it was storage that was
in line with said use so it was a bona fide agricultural use
and they were storing hay and feed for cattle because it had
a range that would be in line with use that would be
expected. Storing of rv's and mobile homes on a one use we've
not the intended and in line with in a one agricultural.
So it depends on what the storage is.
>> So the testimony that there are trailers story there.
>> And those sorts of items are the items that you're talking
about with respect to not being permitted uses in this owning
category correct and without awful listing an accounting of
what's there. I mean, but
from just a few the few photos that are there it is not in
line
with the bona fide agricultural use. I I get an application to
the statements over 10 every day for bona fide agricultural
use or people have
cattle at pop culture.
Aviaries and they have even if they're in the process of
getting their G one exemption with the property appraiser
they have
a business plan they have something lined moving forward
to do that I'm actually working with the customer right now
that in mind doing that.
It's thought out as well planned.
Not multiple vehicles lined up with Arby's
that's not safe for
cultural used to have multiple things lined up like that.
But back to the use again it's contingent along with what
their uses.
So if.
>> There was testimony that there's a fish pond in some
things like that. But there is no there was also testimony
that there's no bonafide AG use on the property correct.
So.
>> At this point if they were having a bona fide agricultural
use I think it would be up to the planning manager what she
would allow on her determination.
But based on testimony they could file a statement of
intent. I don't know that that would be sufficient at this
point in time it would be her determination.
She may want to see fall agricultural attention from the
property appraiser
before she
would allow a accessory structure without a primary
structure at this point to be permitted for those storage
accessory uses and stores even excess restructure at this
point.
What we're talking about accessory stores which would
have to remain the would have to be removed until there was
up to either permitted accessory structure
for a primary structure that warranted the storage storage
in and of itself without the bona fide agricultural use is
not permitted.
Was it too so I can see we have to our knees
we only using one of the for the construction site. So
that's my one of those are the secant right center.
>> Now even the for the no shows for its staff will have
hold. That's what that's what they're telling you but but I
think you need to unless you do some of the things that she has
told you here today at you they will let me.
>> Court House and property, I'm willing to put a house and
things get the plant in turn him.
>> But but Sir what what we need to do is is this is not
the place for you to lay out that plan. All right well,
I don't know that you have because I think that there's
testimony on on both sides. Hey there's testimony from you
that you contacted the officer was she was on vacation,
she admitted to that but I think there there are plenty of
times that you all have received mail that it's gunning
Norte and then when you did receive the posting.
And in in the only reason that I'm saying that is because your
wife testified to the fact that you do receive mail there and
so it just is unusual that all of the mail that the county
sent would not have made its way through but all of your
other mail dot us. And then when the county finally posted
and you see that that's when you think that you need to
contact someone.
>> So they making I'm sorry you are making a lot of assumptions
that are not in the record. No I I think they are in the
record because because I believe that there is testimony
that these documents were mailed there is testimony that
the documents with that that your client receives mail they
are.
There is testimony so so I can make inferences based on the
testimony that's been given by both your client and the
officer, so we do know that one 62.12 has the exclusive process
for providing notice on get in there one, so let me get there
OK, I'm getting there.
So you're here.
And so that's why I find that there has been adequate notice
because you wouldn't be here.
If you didn't receive the notice.
Your client wouldn't be here if they didn't receive the notice
to be here today of the hearing yeah here they have to provide
notice of the violations are you going to let me finish.
Man a year. We really jumping all over me, okay haha because
each time I go to talk you interrupt me well, I mean I
have I believe I have valid points to make for the record
okay well, I'll let you make all your points on the record
as soon as I'm finished because I'm going through all of the
points that you've already made.
So you have made this point about not adequate notice.
Although I do believe that they did receive notice through the
other case.
I do you find that your point is valid with respect to the
other case being withdrawn.
So giving them notice to correct.
So
basically you want notice to correct prior to them coming in
here.
They said they didn't know what they had to correct but from
the testimony that they've given here today they knew
exactly what they need to correct.
They knew exactly what was going on they knew that they
had to have permits.
They just chose not to continue to follow through with the
discussion.
So
the giving them time to have a discussion outside of this
hearing room is what your desire is
then
I can certainly give that amount of time and I can give a
number of days how long and do you think it would take your
client to meet with the county to fix the problems that exist
on the property with respect to the zoning violation so before
I let them answer that.
My concern is that there's going to be a finding of fact
conclusion of law and order and
there's going to be a finding of a violation before
have even have the chance to understand what
she was talking about when she issued the notices and try to
share that they just because they got the notice a posting
of the posting of the hearing into September doesn't mean
they were given a proper notice of violation with the
opportunity to cure
because they were given an opportunity to kick to cure for
this case. So I would ask that it be tabled for 30 days for
them to meet and if there's not sufficient resolution or
sufficient understanding then bring it back to next month.
Well that's exactly why I was asking how long it would take
them to talk to the county
because I did tell you that you had a valid point with respect
to the withdrawal of the prior case.
>> It's 30 days if a table the case for 30 days without
sufficient time for you to the county.
>> I mean assuming that the county's co-operative and in
establishing a in assuming your clients cooperate his
household.
Of course. Yes.
Yes if we could ask for 30 days to table the case for the
opportunity to meet with the county.
I'm actually going to be better than that because I think if we
if we
we're going to be in the Christmas time in 30 days.
So what I'd like you to do is I'd like you to have met with
the county.
The next meeting is the 16th January 16th is that correct.
Tuesday.
That's prior to the Tuesday prior to
the second.
January 11th is the next meeting.
We have 16 right now.
So I'm going to continue this case until January 11.
And I'm continuing it under the case number 2366 e e Sam,
and I'm going to find on the record that.
>> Case 2341 C e B has been consolidated into 2366 e e Sam.
>> Although the notices are not clear I'm going to find that
they are consolidated into one another.
And in the future I think it's necessary but rather than
withdrawing a case to make it clear that its consolidated
into or you're signing a new case number something along
those lines. And then if you do that
it doesn't require that you would revive your notice of
violation you would just be changing the case number and so
that would be handled a little differently that would give you
that existence of that violation when you first
this unit.
And so I will continue this case till the January 11th to
date at that day specific where we will re hear this case
as stated you have been given ample information about what is
wrong on this property.
And so there should be no one coming back here saying that
they don't understand what's happening on this particular
case.
And so that is my ruling it is continued to a date specific
January 11th just on this specific case, 2366 E S M thank
you appreciate. Next one.
So the next case that we're going to call is 2367 C E S M
he Frein Lima and Kelly Andreas
I will remind you that you are all under oath, including you
miss Hathaway we asked you.
For the record the name is Vickie have to wait building
inspector was some of the county building.
>> Case number 2367 C E S with from Lima and Kelly Andres this
is 4 3125 Lowry drive the veto Seminole County Florida
violation charge someone County code chapter, 40 appendix a
section one of 5.1.
The description of the violation is installation of an
accessory structure with awning can it be entrance wall with
electric Gates.
The initial inspection was down 3.15 of 23 notice to their
spawned that went out on 3.22 of 23, given compliance states,
5 2323 5 or 6, 5, 6 1923 7 1023. Follow site visits you
can see the follow up there and also the inspections via
computer and on-site result of the reinspection the violation
still remains on the property.
This is a a picture a slide of the property card that shows
that carefully. And there is an from in Lima is the property
owner.
This is the notice about the green card that was returned to
us.
These are a picture of the accessory structure make sure
the address there that's time stamp also the fence that were
questioning there as well, but the gates.
Again this was taken on 3.16 of 23 the show somebody coming and
going off the property again the picture of the fence and
the gates I've never been able to access the property to get
on there. So my pictures are usually from the outside the
property.
This is another picture that was done there find the
address.
And again front gate again excess restructure taken for 26
of 23.
The electric key pad entry for dates taking on 5.10 of 23.
And this is a final letter posted on the property didn't
return certified mail that was down on 5, 9, of 23.
This is an aerial image taken from our connect gis explore
onto 15 of 19 of 2019.
This is another aerial image of 1220 to 20, I'm sorry I didn't
hear how to act
their food, yes connect.
China's connect. It's an aerial that you can take a property's
set a tone now I don't know how they get their pictures to gis
mapping.
>> The gis mapping system that I'm assuming the county has the
news Ali every County House want to brag and if you have
the software and they operate didn't update their G I s.
>> Crack, thanks to a Tory things it's similar to Google
Earth that's the same pretty much the same thing. Yes,
aerial image taken on connect explore 2 to 22.
This is another aerial image of one 17 of 23.
This is were no permits have been issued to correct the
violations we've got 2 permits and PC status right now that
have been kicked back for corrections and had been
sitting there since September.
We just discussed earlier before the meeting.
This is a copy of the permit application for the fence in
the gazebo that's on the property.
This is a copy of the Seminole County chapter 40 appendix a
regarding the permitting requirements
and the recommendation based on the testimony and evidence
presented in this case of 2367 C E S M it's determined that
the respondent tied the record owners of the property located
at 3rd, 1325. I think that's backwards should be 3125 hour
drive and Seminole County as determined by the property
appraiser's records and possession of controlled the
property in violation of Seminole County code chapter,
40 appendix pay section one of 5.1.
It is further recommended that the special magistrate ordered
the respondents to correct the violations on or before January
the 15th of 2024 in order to correct the violation
respondent shall obtain the required permits for the cited
violation.
At the respondents do not comply with the order a fine of
$50 will be imposed for each day, the violations continued
or repeated after compliance respondents mess contact the
inspector to verify compliance. This concludes my presentation.
>> Would you like to submit this electronic case filing to
the record. Yes please is there any objection to the electronic
case file with the correction of the address to 3125 being
submitted into the record.
OK thank you.
That's all concludes my presentation.
>> And like miss Hathaway stated we did speak before we
did not know we have a GC who is Paul and he's pulling the
prominent.
I'm going to be getting with them to get the comments and we
will work with our architect and engineer to get that back
to them as quickly as possible. Again like we said before we
we want to do the right thing we want to bring get rid of all
this come to compliance with whatever permits we need.
>> With you guys do you think you can do that they have have
given January 15th but since we're going to be back here on
January 11th, do you think if I gave you until January 10 to
come into compliance that that would be sufficient time
understanding that you know we have individuals come all the
time and if they're working through the process and they're
doing the things that they need to do if you need additional
time you can certainly ask for it, but do you believe by
January 10th, you could come into compliance with
these matters
meaning coming into compliance meaning.
>> For the getting enough co on the.
>> Getting the permits meeting those who pay and those who and
I believe that to that we can do that. Yes Sir okay.
Next architect and watch him make the changes I will do that
madam magistrate.
>> That is a risky project leader. These are also
accessory structures, the same subject property which will not
be issued until there's a primary residence.
So there's no way for them to get a permit.
Do we need to
put a house and a property if we do you want to avoid I
highly suggest like the madam magistrate suggested that you
come to the second floor.
I was schedule a meeting just move and schedule a meeting
with staff. I was just speaking with the sheriff's deputy care
Hill.
I'm willing to get multiple staff members together to we
get a resolution to all of the issues that you have on your
property
which may take some poor nation. Since multiple issues,
but this again would not be something that can be these 2
permits would not be issued until there's a primary
residence as they are not the tied to even if they had a bona
fide agricultural use. Magistrate, these 2 structures
would not be.
>> Okay so I'm not one for setting people up for failure.
>> Mascot question is not is that comments stated in the
comments back from the building department.
>> It was not in my initial review and I apologize for
missing that I love you upwards of 60 to 80 per it's a day that
was something that I missed in my initial review, so what was
the initial review comments you have those that. Your site Lee
was in complete the survey there was a survey so I could
not even tell what was on the property at that point in time.
>> So go back to we can understand. So what happened if
so we can do those 2 from some of the catch 22 plus the other
active permit that we have to we need to pull.
>> Kyra just to you come upstairs and let's discuss
setting up the meeting so that we can get all the appropriate
staff members on board so that we can get you a full and
complete resolution. And discuss it with all the staff
members that need to be involved so that you have a
complete process on how to move forward and bring this to
resolution is possible that we can move forward, yes, ma'am
and okay, I think madam magistrate was about to
interrupt and say that.
>> That set us up for failure right, I'm sorry we all and you
know that's okay at the diner, a lot is good because you
haven't been having it up until this point so I think that it's
important for you to see the players and the people that you
need to be speaking to us and so this is what I'm going to
do, I'm going to find.
>> That
you have received notice properly to be here today that
you are president that you are represented by counsel and that
you have participated actively in the hearing today, I'm going
to find that there has been evidence of a violation
of
Seminole County code chapter, 40 appendix a section one oh
5.1 failure to obtain the necessary permits.
I'm going to order that you come into compliance by
July 10th.
For incur a fine of $50 a day.
If by July 10th.
You have not achieved compliance
because you are actively working through the process and
I want to hear about that we we will schedule compliance
hearing you'll get it on the order that you received here
today that that hearing date in July
and I want to I want to know that are making progress so.
And I'd like it to be completed by that time but understanding
that you know the whole
receiving someone to come out and actually build structures
right now is a little difficult so. Let's try for June
7/10/2024. And we'll go from there.
Thank you thank you. Teams in the first term.
Next case is 20 to 87 C E S and Maria bonia.
And this is a compliance case we heard this case previously.
Sorry haha.
For the record and then is Vicki Hathaway Seminole County
building summit County building inspector for Seminole County.
>> This is in regards to compliance hearing here 20 to
87 C S Maria Bonilla 97 '09 bear Lake road apopka Florida 3
to 73.
Violation Seminole County code chapter, 40 appendix a section
one oh 5.1 construction without the required permits.
This case was originally heard by the special magistrate on
September the 8th of 2022 and order was given as. Issuing are
issued giving the respondent the compliance date of December
8th of 2022.
An affidavit of noncompliance was filed by the inspector
after inspection on December, the 9th 2022 the notice.
The notice, 6/8/2023, special magistrate hearing date was
canceled and was continued to August the 10th of 2023.
And 8/10/2023 amended order was issued extending the compliance
date to November 8th of 2023.
An affidavit of compliance was filed by the inspector after
the inspection on November, the 6th of 2023.
The estimated administrative costs are processing of this
case by the clerk and the inspector total cost of
$755.27.
The recommendation of the special magistrate issued an
order reducing the fine to the administrative costs totaling
$755.27
and or these cost to be paid within the 30 days or the final
revert to the original amount of 17,200 and constitute a lien
on the property, this concludes my presentation.
>> Like to submit the electronic case filing into the
record. Yes please okay.
I made it up on the edge of this so I just ask her that
question it's okay to submit electronically.
Okay, yeah are you entering for okay, so let me go ahead and
swear you in as a translator. Do you solemnly swear to
translate from Spanish to English and English to Spanish
to the best of your ability. Yes, thank you.
>> We approved the plan some of this on the islands.
>> You try to speak into the mic I guess I mean that's you
know this is still thought to be sacked if when some of the
the summit they don't in the 20 people to find out some of this
has been so
so most of us you know this and yes of course okay.
Do you have anything that you would like to add. Jessica and
cool
and looking to see a.
You said that you have.
>> She says no but she's trying to do everything that you guys
asked.
>> She's complied okay, yes, she has complied at this time.
What the county is is has demonstrated is that the
property was not in compliance originally in a pretty hefty
fine of about $17,000 accrued on the property.
>> You know because the most most it says yes, I hope the
most that has been the human meant that said their vehicle
to do that is for another cycle for me so.
>> But since you are in compliance, it County has
agreed to reduce it to just their costs.
>> But come staff woken up on that and from of this you will
see a play and of course do that is
what what the amounts are $755.27.
We should have the pet and say I'm the guy had a knife at the
scene said that in this campus come open economy in the 6th.
College wasn't say 755.
>> Consumer 27 place.
>> She says is there a way for you guys to discount this.
Actually this is discounted from 17,000.
200
blessing of the croquet we can enter for this specific on the
scene those you know how don't assume that that's at the
center of the screen to see it there is no mask you can.
She wants to know by one that you have to pay this a chef to
pay this right now.
Well I was going to ask her how long it would take her to a
nasty and the buffet on that front is that the effect by
that than what I thought that if I go to waste.
You're proofing
wants to.
She says the event OK within 15 days. Well, I can give her 30
am absolutely okay. The non go ahead and order.
>> And 20 to 87 C E S and Florian for me
that
the fine be reduced from 17,202 $755.27 which represents the
county's administrative costs and this action to be paid
within 30 days. If it's not paid within 30 days it will
revert back to the original a man I have $17,200. You the
order will also indicate where the payment needs to be made a
cake.
>> Anthony. Snow outside on the strength of the U.S. and those
is okay, thank you, thank you. I'm sorry ma'am is that's a
that's everything's completed. Okay, I think I think
>> I'm sorry she says once me ask you what you pay for
everything to work there is ever see a lake or a notice
saying that it's time to act.
>> Yes, I think we're much.
>> Okay the next case, 2346 e esm Rico properties. LLP
yes, queue Dana for yourselves for a complete Ryan Reese on
the property owner. Okay
were any Bumble architect Richard said Florida and cake.
Can you both raise your right hand do solemnly swear or
affirm the testimony about to give to be the truth, the whole
truth and nothing but the truth I do I do. Thank you for the
record name is Vickie Hathaway building inspector with
Seminole County building.
>> This is in regards to 2346 the esm Rico properties of l l
P Frein series registered agent 2710 Pemberton drive.
Florida 3 to 73.
That is that hearing was certified mail the violations
Seminole County code chapter, 40 appendix a section one of
5.1 construction without the required permits. The case was
originally heard by the special magistrate on July 13th of
2023.
Order was issued given the responded to compliance date of
September 15th of 2023. An affidavit of noncompliance was
filed by the inspector after reinspection on September,
the 19th of 2023 recommendation that the special magistrate
issued an order constituting in the lien amount of $3,100 for
62 days of noncompliance
from September 16th of 2023 through and including November,
the 16th of 2023 and a $50 per day to at $50 per day in the
fine should continue to accrue $50 per day for each day,
the violation continues or is repeated after November 16th of
2023, this concludes my presentation.
>> Okay can you go through with me on the presentation showing
when you're showing in the Palm it had not been still not been
pulled accordingly this is where.
>> House that had a second-floor level put that
that was second floor.
I've been there several times and I guess I've talked to the
tenants that were in there which are now new tenants but
you can see where the construction is happening from
a prior Tenet
and is just pictures of the inside of the building where
the second floor is
without a permit.
>> Which is what we need and they're still not a permanent
pulled today demand is there an application that's been filed
>> to the screen please there is one on status. Some 2022
minutes and pcs
which is plan check because it's been kickback for
comments.
>> It is it related to that the book that you've observed let
me what my power point.
>> We're from my memory.
It's quite a while back.
Okay.
>> Says here the screen shows an application was received on
1231 of 20 to 2 correct the violation this application is
currently under review and has not been issued as a permit
planning and development site plan review completed with
corrections on 11 1 of 23, we view cordinator completed with
corrections on 11 1 of 23 impact fees completed with
corrections on 11 1 of 23 plan review corrections pending
applicant accepted on one 11 1 of 23, mechanical review
approved on 1027 of 23 plumbing playing review to be completed
with corrections on 1027 to 23.
So there's a lot of Corrections that we're asking for okay,
so those are complied with those are just corrections for
the application on file. Okay, so there there has been
some recent communication, a correct application is
currently in PC status. Pending mechanical and plumbing.
>> So still not in compliance as of today or the day that
compliance was supposed to be achieved September 15th.
Would you like to submit your electronic case filing to the
records. Ma'am is there any objection to the electronic
case about being.
We have I
I'm sorry I didn't hear the question is there a in
objection to the electronic case file being presented into
record okay to anything you'd like to add.
>> Well I can tell you the story I'm about the bill in
2021. So let me stop you right there. Yep where and the case
has already been her case so I didn't I didn't know about the
July 13 tearing OK when I called about it.
I was informed that I was emailed
and I will I never gotten certified letter as far as I
recall.
Now they've got to say much on that
hearing then I'd like to see the signature on that one.
But I really don't call that one now I did get this recent
one for today to the order so I can see this pop property I've
posted it several times now that idea out but I we just
recently because I don't go to that property light.
All my time and you know where those tight situations which is
why go in and talk to that end and it's all right, I'm like I
don't know who the owner is I'm not talk to them. Typically
they'll call me and say hey what's this for
and at that point we start working on our relationship
might get this thing going in you know get your permit that's
my goal right now I've left it up to Randy bungalow, my
architect too get the permit for us.
So let you speak.
>> Thank you Kate before you do that I actually this case was
presented in front of me.
Okay so
there
evidence was submitted to show that the
notices have been properly given the okay and in
accordance with the statute and so then that's how they order
gets entered because notice is properly given even if you're
not here, I'm here to be your deemed to have received the
property owners to be here. And so you
that's and that's how the Porter got issued did you
receive a copy of the order.
I can't recall okay,
and we do have.
They do receive a letter on October 11th for the norther
attached to it. I can recall
about it.
We pay.
Today.
I could have you I mean get some testimony from Queens.
He's always Sarah from the testimony, you're about to get
to the truth, the whole truth and nothing but the truth I do
and state your name please for the record. I'm Liz Parkhurst
acting clerk to the code enforcement special magistrate.
Okay, and did you mail.
October 11 the letter with the order which indicated the
compliance state, yes, ma'am.
Okay of September 15.
Do you know if it was mailed prior to that
not sure that was the previous quarter.
To have something you'd like to add.
>> No we just try and diligently to try to get a
permit and ran has been working on that obviously for almost a
year.
And just recently we found out when unity higher so engineer
tissue grades with an handicapped parking space is
going to go I B I met him out there on Tuesday and held this
technology shot to grades and you should have the site plan
done with a job. Tomorrow.
Your honor if I get a little bit of detail to that
fortunate I was hired in the last year to a team building
permit firms Theresa known for
over 10 years. I can speak to this,
sure said outstanding citizen and he's a developer owns
properties. He purchased this property as investment and was
not aware. But there were violations are
parts of the building that were constructed without a permit
that was in fact the case when did you purchase the building
2021.
And at the time Sonny's car wash was in there with a
long-term lease.
And they needed more space so they moved to a new facility,
but they were going to honor their 5 year lease.
But we let him out of it because polls came in and one
of the building.
And quite honestly they pay their their Lisa for $15,000 a
month. And census is all going on they're not occupying the
second floor and I reduce around 7500 a month until I get
the permit and get the stairs built and get always done and
the electricals art they've gone and done the electrical
from what I'm told I've written the checks and paid
the electrician
but we're just we're just back and forth trying to get a
permit.
>> MS. Halfway I speak to police this.
Okay,
because you were not present at the the hearing and
I don't know for certain whether you received the order
based on your testimony, I'm going to trust that you did not
receive the order or you would have bought the property into
compliance and so so I'm going to I'm actually
extend your compliance deadline. 2 January 10th.
So you will need to come into compliance by January 10.
For the $50 a day that was previously impose will be
impose some going Monday order that was entered the U.S. Lee.
Getting you through January 10th,
we're $50 a day will be the fine
and we won't be as lenient okay next go around so that means I
need you to stay with this, I know we're getting to the
holidays.
>> So that's why I'm giving you we're here to starting or if
you were very very close okay. I think that's great. We have a
a billion a building permit items check except for one was
just obtained a site we have all that for a reply to that we
have a letter of approval from a side on the folks. The last
item on the checklist for that is to have a preconstruction
meeting the application of that new requirements Saint John's
letter of the measurements that they took this week.
We will file those set a date for the meeting.
I hope we can get in november-december period.
>> And then.
>> With the site development site from a goes to building
department building partner for a building permit and then they
can start of the correction work which
actually somewhat substantial.
>> I can tell you this the county is not going anywhere.
They're here they're open every day and they're easy to find.
So it really is going to be you making sure that you follow
through with what you need to.
>> Okay now does that mean a clarification is that mean
obtaining the permit and starting the construction.
Additional bit painting the permit only okayed by January
10 and the $3100 that is is actually amending the order OK
so, your compliance state extends out to January temp so
that by and large okay, yeah, I just verify with mysteries your
e-mail is be Rees 80 at hot mail dot com correct.
To have anything further note that said thank you thank you.
>> Next case, 2348 C E S and RB jai alai LLC.
>> Yeah and special magistrate I am attorney Joseph kony
sheshan allows law firm okay.
I don't sign this letter.
>> Fantastic are you going to provide testimony or you can
have them provide testimony. He may not sure.
Sir can you raise your right hand do solemnly swear or
affirm the testimony about to get to the truth, the whole
truth and nothing but the truth I thank you
Kate okay for the record that was Vicky Hathaway Seminole
County building inspector for Seminole County building this
is in regards to case number 2348 C E S M RB jai alai LLC
and Kara Rd management LLC corporation service co
64 o 5 South us highway, 1792 far apart, Florida, 3, 2,
7, 3, 0,
The hearing was posted actually the violations of our County
code chapter, 40 appendix a section one of 5.1 construction
without the required permits the case was originally heard
by the special magistrate on August, the 10th of 2023,
and the issue was ordered getting there were spotted at a
compliance date of October the 13th of 2023. An affidavit
noncompliance was filed by the inspector after reinspection on
10/17/2023 special magistrate to issue an order
recommendation of the special magistrate issue an order
constituting a lean in the amount of $5,100 for 34 days of
noncompliance from October, the 14th of 2023 through and
including November, the 16th of 2023 at one 50 per day and the
fine should continue to accrue one 50 per day for each day,
the violation continues source repeated after November,
the 16th of 2023, this concludes my presentation.
>> You go through with me. What that there are no permits
as of today.
They have applied for permits they've not been issued yet.
OK and when did they apply for. Originally.
>> This goes on for a must.
See we have a new report that was generated on the Web and
16.
But they fight for their permit. They got
one piece is approved corrections are required on a
lot of that we've started over with them once before they had
a couple of pre meetings with us originally I want to say the
actual permit was applied for I get back to their workers.
For 13 of 21.
The most recent. The plans for a few corrections or most
recently submitted on the application on a 2 of 23.
Anything after a 2 of 23.
I know, ma'am.
Weapon 14 of 23. We've had comments go back.
1114 of 2311 1310, 1710 1210 16 of 2310 13 to 17.
So there have been exchanges working toward trying to secure
the permit. Yes, ma'am 2 different times.
Since the August 2nd, there's been a couple times in in
October and then a couple times in November. Yes, ma'am they
had to plan review meetings with our plans people and the
first plans that were submitted.
>> They pretty much told me you just need to resubmit
everything again because there it was like in so much
information that they couldn't take that they just couldn't do
it. So they met with them several times and just said it
be better if you start over again.
Okay,
we do have the order that was entered.
OK you are not present when the order was entered, but I did
find sufficient notice was given
that hearing was sold.
On August 10.
Okay,
yes.
>> They use special magistrate.
Try to start with the in first we are going to request an
extension of the compliance deadline for a continuance of
this compliance hearing.
I think the efforts for compliance are important to
just clarify those efforts for the record now with me today
are representatives of journey church. That's the facility
occupying your highlight building that is attempting to
do this work inside a small portion it's a relatively small
interior modification of a much larger building.
The church obtain the keys to the facility in March, I think
March 3rd of 2021.
>> The Rockies today police release, OK, OK.
The.
>> Photographs in the code enforcement presentation,
we are dated March 10th.
You can hear if I eat and its relevant church hadn't actually
starting to work at that point inside whatever was there was a
relic of prior to its its lease or it's it's occupancy of the
Billy. It did hang some curtains in the front
which is depicted in one of the photographs to Kiev
the risk of theft down to keep people from working inside
there was a problem with individuals outside the
building.
The initial permit the initial commercial permit application
was filed in April 3020 21.
And right it happened. There was a misunderstanding or
miscommunication between staff
and the applicant as to the scope.
Renovations,
evidently the county saw he was in the entire redevelopment of
the site
the applicant was only
seeking permission to do minor interior renovations to 3 rooms
to use we as a species me a part of the church facility.
So a lot of time was wasted back and forth with that
misunderstanding in place until the beginning of this year.
When my firm got involved there was a sit-down meeting with the
county. January of this year.
The issues were resolved. The current permit efforts were
initiated at that point on there now been 3 year out
sounds of comment response is the first round
84 comments and then 80 comments and the most recent
submission which was a few weeks ago was in response to
just 8 comments.
So we do believe the permitting application process is nearly
complete.
We do believe in the next few weeks we will get the final
permit to proceed with what is
a relatively minor interior repair.
We respectfully request an extension of that compliance
deadline for continues of the hearing today just to obtain a
permit.
>> So let me make sure for the record to represent the
property owner to correct.
>> We we have authority here and as a part of the obligation
under the lease, we're responsible for
this proceeding so then as a dad.
>> Officer of the court you're stating that you have authority
to represent the interest of the property owner because it's
the property owner's that's been cited so that's why I just
need to make sure for that. Yes that's correct country
okay.
Do you think that you'll be able to do what you need to do.
By January 10.
Let me other us that this way.
>> The building Department is satisfied with the last answers
to the last questions that we have which they are stealing
that the week.
PGA golf pro getting back to us.
I don't foresee any issues with getting that are made on and
being done with that.
GAMEDAY story have been that
every dime that we serve meat
specific answers, they come back with more questions.
So
I saw today. I says he just mentioned we heard the first 87
Commons
after review they come back with another 80 comments reveal
they come back with another 8 or 9 Coleman, so we have some
meet all of those we have about a 140,000 orders. We're so far.
I'm Marni see themself in Guinea years and
a survey or Saint architects also want to try to agree with
all of the things that are going on there even though the
said very minor.
The interior decoration because of the story of the building on
that for us all the mayor said the management and many times
that they pay through the process on
getting in compliance.
It has been a long driving process, but everything that
can be done to try to address the issues that they building
Department has brought us have been answered that's being
provided.
It in their East the 17 of 1960 that has a lot of things that
are ready grandfather, they add that we can not a change.
And again the say it 3 year lease with that 3 are option.
So we should be very soon to be done with that by meeting those
last comments are sufficient.
>> Okay, I appreciate that but I need you to understand that
although your mind are renovation that might be
you had indicated that there were other changes that been
made and so when you're coming in to get your minor revisions
fixed
all things that were done without comment either
obviously needing to be rectified there's even though
that may not be your of your problem, it is the property
owners problem and and so that it probably becomes yours
because of the situation that you have so I don't want you to
think that the county is just making up things to their son.
It's part of what they they need to
to get compliant so.
>> One of the things that we had the right now at least that
there are tool violations that are even on that right before
we get to the to the property on 21.
We have been helping I think management to clear those 2
isolation, this looks like they were sent to parents that were
open than ever worked on. So we are also communicating
for the last 2 weeks we've
the a general contractor that
open those departments to be sure that they are coast
correctly and for us this correctly, we usually
it's not
the charger they are for our Kauai theirs so we the ban on
them going in and do what they need to do, but we are working
on that Sir.
>> Okay, and I appreciate that as well I just I need you to
understand the importance of coming to the hearings I am
glad that you're here today. No one did come to the hearing
in August. So it kind of makes it difficult for us to get
business done. I'm Larry Fink Haitian
at their knee my career a lot
be the doctor
regarding that hearing.
>> And we were informed that any time that it will be moved
to the next meeting because of the fact that we have provided
at that point in time all of the comments that were I
request that far.
So that's the only reason why we're not there.
I know that my great or walls
to have that with the count, the lawyer in meetings
regarding that and that's what they think that the siege.
>> Okay, so I don't have any evidence of that I just have in
the order and I have a finding that. But there was sufficient
information given about the notice nonetheless the you know
now that it's important to come to these hearings for I
appreciate what you what you've said and the attempts that you
have made to try to rectify the situation I would also
encourage you to please have open communication with the
building official because the only way that you're going to
be able to come into compliance is by communicating with her.
And so I am going to give you a continuance till January 10th.
You will have a compliance hearing that will be set for
January 11th.
If you're coming into compliance. Then it even more
and even need to come, but you if you do not come into
compliance.
You'll have to find the same in pot fine that was imposed back
in the original hearing $150 a day
that will accrue on the property
until compliance is achieved.
I will be less lenient at the next hearing. I think that it's
important for you to make sure that you continue following
through with with what you need to do to comply. Okay.
>> To in that room and I will I will to get the ball, she will
too I called for the county lawyer because there were a lot
of conversations through that and and we're told that would
not be to show up to the hearing.
>> Okay, I certainly will do that. Well we'll have some
communication, I'm here to make sure that if those
communications do app and that they make their way over to us
appreciate it okay. Thank you for the special magistrate.
Okay the next matter,
2350 C E S and Lena delrose re said trust.
Go ahead and Dana fire sells for my name is Dean Anderson on
the attorney for
Rose Marie de la Russa brogdon.
>> Son had a drug problem and that's also here.
>> Okay there you can provide testimony.
Raise your hands of it. Do solemnly swear or affirm the
testimony about to give to be the truth, the whole truth and
nothing but the truth.
Thank you.
Okay, we're going to get straight back for the record
name is Vickie Hathaway building inspector for Seminole
County building.
>> This is a regards to case number 2350 C E S llena de la
Russa trust at 30 to 32 by are way up into Florida, 3, 2,
7, 3,
That is the hearing was posted Seminole County code chapter,
40 appendix a section one of 5.1 construction without the
required permits. This case was originally heard by the special
magistrate on August, the 10th 2023. An order was issued
giving the respondent the compliance date of October the
13th of 2023. An affidavit of noncompliance was filed by the
inspector after inspection on October 17th of 2023
recommendation that the special magistrate issued an order
constituting a lien and the amount of $71,700 for 34 days
of noncompliance from October, the 14th 2023 through and
including November, the 16th of 2023 at $50 per day. And the
fine show continue to accrue $50 per day for each day,
the violation continues was repeated after November,
the 16th of 2023, this concludes my presentation.
>> This halfway can you please go through with me the status
of the comments on this property.
We currently don't have any permits on this property at
this point. I did go out this weekend verify with that the
shed is messy, we've got a sense. We've got
we should there that's gone to get offense and committed on
the property.
We've got that we're kinda encased in the fight of the
patio area and that requires a permit with the wrought iron
fencing there.
So we have the shed that has come into compliance, but still
remaining on the fence and cities to lure customers
correct on the patio K I see the order in this case.
I do recall you being present. Yeah.
>> Go ahead, sorry, I was just she was happy to comment about
the fence.
You want.
>> Just the county and
would you want to submit the electronic case filing to the
record this man okay, and you have any objection to the
electronic case filing submitted into the record the
only.
>> Objection, I'm not sure call it that necessarily is the and
the pictures obviously that show that shed are are out of
date because they've acknowledge that Chavez has
been in fact removed.
>> Right the record will reflect that the shed is no
longer in violation okay, other than that we don't have an
issue. Thank you.
>> Part of the issue has been miss deloris abroad. No it
isn't
a beneficiary under the trust,
she's a life estate with the power to self
when they came to get the permits before.
The county said you can't because you're not the Della
Reese the trust and so we had to submit the trust.
And finally back in August after we came to this hearing
the county. Legal people look at the trust and ex parte
positions with explain it. And approve that, but somehow
West hand and right hand.
I didn't know that so when we came on Monday to pull permits
to fix the fence and
colors etc
they said you can't because you're not an owner builder and
then
after Mike why was home, I got an e-mail from
I think it was fun S a
say Tom sorry I I I miss spoke you you were authorized to do
that but obviously we couldn't do that.
We were turned away when we came here.
On Monday to try and get the permits.
So on the other issue with regard to the the shed. The
first thing we were trying to do is they keep the easement
their utility easements
and so we could they keep those easements and get a variance
for the shed.
But Mister
rather it was undertaking not ended up in hospital repeatedly
with heart issues
asked us to take over that when we did we talk to Duke and they
said no you can't
because we're actively using so that's when we got rid of the
shot.
We are trying your honor and part of the issue has been that
as I said the county has
originally taken a position that they now decided was not
accurate that you know we couldn't do things that are
older.
>> Did you get that interpretation from the county
Attorney's Office to the.
>> Yeah, I mean the
for the record I believe it was Jackie you might have sent the
email.
But she forwarded the email from the county Attorney's
Office are right it was not clear yet.
At that point in time okay.
Well, no, I mean I think the county Attorney's Office
emailed her back in August and told are older it was clear.
I'm not going to be to them.
>> So now that we have this interpretation and is there.
Do you have any
concerns with receiving the necessary permits for this
Lake.
>> To have an extent because we did try and pull the permits
that you can't and they said oh I'm sorry where you are wrong.
You can
we'd like to get an extension of 30 days before there's any
fines to try and get permits pulled
and resolve the remaining 2 issues. Okay, so.
>> What is our December hearing.
December 14th.
Okay, I'm going to be one.
>> President Xi four-day forwarded a
an email.
Robert mccue
saying Ross rosemary broad as fog tries to act as owner and
owner builder pursuant to article 7 of only a dollar is a
trust
appreciate the follow up on this one every day.
Okay, I'm not
she did not recall getting that e-mail when my clients came on
Monday.
>> I'm going to go ahead and give you an extension through
12/13/2023, which is a day before the next hearing there
will also be a compliance. Hearing that will occur on
December 14th that will be in the order as well. If you do
not come into compliance by the 13th a fine of $50 a day will
be imposed as in the original and the EU would need to come
to the compliance hearing on the 14th district.
>> And if we're making progress I soon we can deal with that
that I absolutely think you are. Thank you, thank you.
>> We're going get a little out of the border because I think
we have some people present in the audience.
Let's hear case, 2355 C E S and Emmanuel Hillary.
Can you identify your name please for the record, the man
was over OK Mister Hillary can you raise your right hand
please. Do you solemnly swear or affirm the testimony about
to give to be the truth, the whole truth and nothing but the
truth and to thank you
okay for the record that is Vicki Hathaway building
inspector for Seminole County building division.
>> This is a regards to case number 2355 C E S any manual
Hillary for 20 to 11 Broadway. Sanford, Florida, 3, 2, 7,
7, 1,
The notice of the hearing was posted violation and charges a
Seminole County code chapter, 40 appendix a section one of
5.1 construction without the required permits. This case was
originally heard by the special magistrate on August, the 10th
of 2023 and order was issued giving the respondent a
compliance date of October 13th of 2023. An affidavit
noncompliance was filed by the inspector after inspection on
October 17th of 2023 an affidavit of compliance was
filed by the inspector after confirmation that the required
permits were obtained on November, the 14th of 2023.
The estimated the administrative cost to the
process to process is case to date totals $498.92 for both
the inspector and the clerk. The recommendation that the
special magistrate issued an order reduce the fine to the
administrative was totally
and $98.
And $0.92
in order these cost to be paid within 30 days for the fine or
over to the original amount of 4,800 constitute a lien on the
property, this concludes my presentation.
>> Cake, do you want to submit the electronic case filing to
the record yes to have an objection to the electronic
case filing submitted into the record. We're OK can I see the
order please.
I see the order that was issued by myself on
8/10/2023, you are not present at the hearing and there was a
finding that you were properly noticed to be here and then you
were given a compliance date of 10/13/2023 to obtain a permit.
>> We're putting me on the tent.
Permit was approved on the 10.
Before the 13th.
And it wasn't issued until the 14th which was I think
yesterday the day before yesterday.
>> It's what I call the owner of the property. For 13th
was when you're supposed to come into compliance, not
November.
>> Yeah, I do I do it all could you look at the application it
was on top who would too.
What I did publication.
It was approved.
And the problem was that. He was arrested for money that
I didn't feel like they should be given.
I'm sorry.
>> He applied on October 10.
Okay, and when was it received.
It was issue.
>> It was who walked into the problem world that they were
less to meet up for missed it. I didn't have my premise that I
didn't need first of all of the profit from it kind of option.
The House has already told I'm a big Powell high just too hot
to get anything up everything up and he's going all. There
was no power there was no war 2.
And so what we're about to get a leg up from it 400 and
something all they want me to get all coming from it on and
some and they want to get them up with which action that the
people that would I want to pay for their upkeep everything to
political and department from it
and so and I was trying to get the letter of you don't get to
talk to people not being on the phone talking to people whose.
I got a little on the 14th and I love those appeals.
And that's when they went on and
>> you've got the letter on the 14th of November.
>> Yes, I've got full team, I just got to know those from the
14 because I've been trying to get them you don't talk to
people that Florida power normal Utah Commission. We know
from us you know what I might not be counted. You don't talk
to big you talk to you Lydia may say they don't want to know
what we do. Finally I got to know
on the 14 which I voted I have time I got it
and that for me.
>> I wanted to let what is the letter said.
>> There was no power to the building and there was no more
to go.
And I mean they come out and speak, I mean this spectacle I
look no out there who want to be a good Laker Kobe there is
no no we could be there.
>> So we were requiring water and electric call.
>> When a demo permit is issued it said if there's plumbing and
electrical we have to make sure it's capped off
at the building official here. I think he wants to speak.
It has to be kept off of that properly we have to make sure
that it shut down.
Correctly before we can issue anything because we can't have
a live power on the job.
You know that we're going to issue a demo permit on.
>> Okay, yeah in and can go ahead and get you to raise your
right hand.
Do you solemnly swear or affirm the testimony about to give to
be the truth, the whole truth and nothing but the truth.
>> I do have a record about 5 doing official Seminole County.
The reason that we we have to make sure that the water lines
are
kept on and disconnected properly.
Believe had a septic that's the subject of a permanent on that
to make sure that the septic his and then debated.
There's reasons we have to do those for safety obviously,
but the demo permit okay and so did did that.
>> But these in fact get paid
for the permits.
Did that occur on the 14th
on the 14th I too am I.
>> Actually called him and told him his prose ready and I said
Mister Hillary says Vicki of Seminole County I said if you
don't come get your permit there's going to be a lien
placed on Thursday on the property. So please come pick
it up so you can be in compliance.
>> So then to pick up the permit did he have to pay
ultimately for those 2 he has to pay for his permit. I wander
in the city where the other ones are going to be issues
through other. The the utilities.
We have to verify that they've been done so that's what he got
OK so you you received at that you didn't receive it until the
14th.
>> The little people the premise but I didn't see put in
the economy and the public from it because I didn't feel like
it was right for me that the people that are going to come
from it when there's no real than that.
>> No, but they were telling you that they needed to verify
that they had been kept off properly. I mean you can
understand the safety concerns with making sure that
electrical is being kept off properly when a building has
been demolished.
>> I can understand that memo that contract, myself
when when there's no building that the power had been cut
from that for years there's been no power House for years
they've been no war to that house for use. So I mean they
come out and see the House not bill. I mean
we didn't really have no one wants to know why in the world.
Well our been disconnected power from it and they've been
cool to meet in everything from them.
>> Okay, sure
for the record time we have to verify that no way to verify
the inspection.
>> So big it it is is it fair to say that the county for
liability reasons cannot assume that water and sewer are no
longer running to the House regardless of how long
something has been demolished when when you get a demo permit
the problem is the demo permit usually comes before the
demolition.
Is I think where the problem is and so typically those with
would be things that occurred in normal process, so for them
to issue a permit to you.
They had they had to have I was those particular
box is checked and they had to make sure that they were kept
off.
>> My point is the divide in the building Department is
certify for I mean you got the Blues back to the big to know
was going to the House there's no water.
>> How does it matter because they're still entitled to
collect for those permits and they're still entitled to go
through their process because even if they can see that
they're still administrative costs associated with the
county verifying that and the reason that those
administrative costs are put into place. He's so that
the board of County commissioners can keep taxes to
a minimum there are that the statutes allow the county to
impose fees and costs related to their administrative work.
So that all of the taxpayers are bearing the burden for
something that is happening on one property.
>> On the stand to tell, but what I'm saying is
when I did it for me.
Eye on the 2 were not paid the fines
and already called for about the same day trying to get a
little from them.
I didn't get a letter from them, but I didn't get a little
from them on to the 14 when I got a letter from them up or
down to the group out there.
>> And I guess the problem that I'm having is that the hearing
was held on August 10 and you weren't here and you had from
August. When you would have received the notice a few days
later, you would have had almost 2 full months, but you
came in the day before the permits for new. It was only 10
the department OK so 3 days before, I mean when you had 2
full months if you had told me that you came in right after
you receive the order and you started the process and you
were held up because of the utility company that might be a
problem that I would consider but I think actually the county
is being very fair because you could have incurred a fine in
the amount of $4800 for that month period.
So I'm going to do you have anything further that you want
to add.
>> Well, I don't think it's fair for me to have to pay 400
and some dollars because like I said I try to get to
levels for me for a while, but like I say you don't talk to
people now.
>> The 2 didn't try until 3 days prior to compliance,
I don't think it too.
>> One '03 or 4 days to do it or you know, so best will and
so.
>> That's part of the cost of doing business. I mean I use
you could have been here and you could have you know a month
later, you could have tried, but you didn't know to the last
year, you know you you didn't you weren't here because I
actually have the order that says that you were not present.
So that was a different when you are at.
>> Not I knew I was surprised you didn't live in the one
about that and that's why would because I could and I think
that you will I will show that the Fed the ball on this one
here I didn't get a nor do we know about this meeting here.
When I went into the building department young lady told us
is that we're going to help me that she said you'd be built up
there. I said OK that's where the nose got I got a notice
yesterday.
That's what I got to know was yesterday
Allred level and I was sort of I know yesterday.
What I do for us today because she told me Thursday and Friday
when it came to when was it sent this happen. I don't do
the letters OK.
I don't know what was said, but I got an e-mail from yesterday
I posted the property 3 different times okay, I don't
about to hit the post in the front of what I don't go around
I have no reason that I know so I mean if you post to my house,
I mean that you pull someone for. I got my show 2360 Church
Street me in his right that's my one time for one deal,
but it wouldn't it wouldn't doubt if you pull one that I
would do that but I do what I want and the reasonable and.
>> We have an affidavit a mailing letters mailed to on
October 4th in and did not come back.
In the in the counties filed.
So I would just recommend to you if if you find yourself
back before.
A code enforcement issue in the future that when there's a
compliance state that's given that you immediately start
trying to come into compliance. I'm going to find that
the fire and that has accrued on the property is $4800 but
I'm going to reduce it to $498.92 at the request of the
county we're going to provide you with 30 days to pay the
fine. If you do not pay it within the 30 day period.
Back to the $4800 that will constitute a lien on the
property. The order that is issued that you will receive
will have the information on where the payment needs to be
made. Thank you.
Okay the next case 23 1, 0, 3, C E S and Thomas Wright junior.
They're a good afternoon.
When I go ahead and state your name please for the record
Thomas correct.
You want to raise your right hand do solemnly swear or
affirm the testimony you're about to get to the truth,
the whole truth and nothing but the truth and thank you.
For the record name is Vickie have to wait building inspector
for Seminole County building.
>> This is a special request for 20 to one o 3 C esm Thomas
Jay courtright junior at 5675 year pathway in Sanford
Florida, 3, 2, 7, 7, 1,
Violation charge Seminole County code chapter, 40
appendix a section one of 5.1 construction without the
required permits case was originally heard by the special
magistrate on December, the 8th of 2022. An order was issued
giving the respondent a compliance date of 3/9/2023.
Respondent is requesting additional time to comply on
March 9th of 2023 the special magistrate issued an order
extending the compliance date to June the 7th of 2023.
And today, the 2023 the special magistrate issued an order
extending the compliance date to August the 10th of 2023 an
affidavit noncompliance was filed by the inspector after
inspection on August 15th of 2023. On September 14th the
special magistrate issued an order extending the compliance
date to November 17th of 2023, this concludes my presentation.
Okay.
>> Yes Sir, so we've got all the permits in place not except
for one, I'm waiting on an engineer seal, so I can apply
for the permit.
I'm John slats of my engineer, he has the paperwork, he said
it's in the process in the pipeline.
I just need some more time for that one. The septic system a
permit held us up for better than a year without resolve
last 60 days ago with the sense that spammers off of government
except for this one in place now do you know how long it
will take you
we're dealing with an engineer I'd love to say it will be
ready in 2 weeks, but you know, nobody seems to begin the day.
Curry lately
miss Hathaway has he been working with you.
>> Lea and my phone. We we talk constantly on the one that told
him come back and asked for additional time.
>> Okay, so is January 10th affair or what do we need to go
into effect the way.
>> I would probably push in the February because as soon as he
gets the stamp engineered plans will be sending it in here.
We're kind of at the mercy of everyone else at this point in
time.
>> Okay can you tell me where the February hearing news.
Why have come to my calendar now 7 have hearing day to a
February.
For a look at Julius look and I think February yes, ma'am okay,
then we'll go ahead and continue to let's to compliance
on February 7th.
At 08:00AM.
The final River to the same amount that was in the original
order if not OK thank you.
Have one in and I didn't was like a good thing, but it
doesn't have I didn't we didn't see it so I thought that ice
okay, you're ready. I am okay, let's do you
2353 C E S no way that we did those together already.
2350 AC esm Sean Rodney and glenroy Spencer 20 which one is
it. I'm sorry
6823, 58.
Folks looking at this.
That's all.
Number 9 is that's the one I just caught 2358, Sean Rodney
and good I spent for the record is Vicki Hathaway building
inspector personal County building.
>> This is in regards to 2358 CSN I shot me in glenroy
Spencer 1004 lane pop for 3 to 7 o 3.
A notice of hearing was posted the violation charge Seminole
County code chapter, 40 appendix a section one of 5.1
construction without the required permits this case was
originally heard by the special magistrate on August, the 10th
of 2023. And an issue was ordered to sorry
and in order was issued given the respondent a compliance
date of October the 13th of 2023.
An affidavit non compliant was filed by the inspector after
reinspection on October, the 17th 2023 recommendation of the
special magistrate issued an order constituting only in the
amount of $5,100 for 34 days of noncompliance from October,
the 14th of 2023.
Through and including November, the 16th of 2023.
And additional one 50 per day and the fine should continue to
accrue with 50 per day for each day, the violation continues,
our is repeated. After November, the 16th.
>> You tell me from the order in the responded with his
presence with that last year and since we're not okay.
I never spoke to anybody on this property, okay and search
for this hearing. They did.
Even the regular mail.
We'll stay order.
Water didn't come back.
We order de they be order came back right.
Did we poll we did not we did post the order as well it's
been posted several times okay and so the order that was
entered on August 10th was posted on the property is okay.
And no permits have been even attempted to people, I've never
spoken to anyone on this property.
But everything that's there is as old as 2021, correct,
okay.
Okay, I'm going to
go ahead and ratify my prior order 8/10/2023.
I'm going to impose a lean in the amount of $5100 for the
period of 34 days of noncompliance from October 14th
through today. And I'm going to continue the imposing a fine of
$250 a day and the fine shower crew at that rate for each and
every day that a violation continues
on the property.
Okay I did skip number 5 actually. Yeah,
2353 C E S and or Lynn Rodriguez Santos and Mandy
Reyes Hernandez.
For the record and is the cap to a building inspector
Seminole County building.
>> This is a regards to case number 2353 CSM Island, Jay
Rodriguez Santas and then DJ Ray is Hernandez at 3021
freedom trail Oviedo, Florida, 3, 2, 7, 6, 5,
Notice of the hearing that there was a posting violation
charges Seminole County code chapter, 40 appendix a section
one of 5.1 construction without the required permits. This case
was originally heard by the special magistrate on August,
the 10th and an issue was order giving the respondent a
compliance date of October 13th of 2023.
An affidavit not compliant was filed by the inspector after
inspection on October 17th of 2023 recommendation that a
special magistrate issued an order constituting the lean in
the amount of $1700 for 34 days, I'm not compliance from
October, the 14th of 2023 through and including November,
the 16th of 2023, at $50 per day in the fine shall continue
to accrue $50 per day for each day, the violation continues or
is repeated after November, the 16th of 2023, this concludes my
presentation.
>> Kaye was the property owner present on the miss them.
They've never been present for contacted us.
And this isn't.
Kim to go ahead and find that know ratify my prior order of
8/10/2023, and impose a lean in the amount of $1700
representing the 34 days of noncompliance from 10/14/2023,
the compliance state through today's date, I'm going to
impose the continual fine of $50 a day for each and every
day that the fine that the violation remains on the
property.
I think that concludes our hearings for today.
So we will adjourn and on or next
case. Our next magistrate hearing will be held on
12/14/2023.
Thank you