special [Music] magic oh to the system all right we'll try it again I'm going to call to order the loat gr special magistrate code enforcement hearing today is March 20th it is 9:01 a.m. my name is AMD Barnard I'm going to be the special magistrate for today's hearing I think all of the cases on the agenda are either uh violation or spine assessment hearings so a bit about process uh when you hear your case called the town Mr MOS is standing at the podium he will present the town's uh side of the case first any evidence any witnesses that the town wishes to call um at the end of the town's testimony you then will come to the same Podium give any testimony uh documentation you have cross-examine any witnesses that the town has called and at the end of the dialogue I will make a formal ruling uh and you'll get an order that reflects that ruling in the mail first thing I'm going to do is swear anyone in who is here to speak on any items on today's agenda so if you're here to talk about any item on an agenda if you could stand and raise your right hands for me I'll swear you all in at once if you all swear fir to tell the truth the whole truth and nothing but the truth I do thank you and with that I'll turn it to the town to call its first case thank you you honor of the first case this is MK tropical fruit farm LC case number 23611 address is 14188 North Road this uh case has been found in violation for work without permit 5-40 a 175 1110 175 170 17524 for FDA um at the last hearing um owner g a continuous as for the town's request to wait to hear from the property owner and the engineer in firm on comments that were sent on February 16 uh and they hadn't respond the property owner is here today he had come to the town we provided a uh letter from uh review and engineer uh so he can contact his engineering firm and get an update on that so with that we can I'm going to turn the file to you and we can hear from him and I guess just before you do that what's the status of compliance as of today they haven't responded to the comments on the permit so permit has not been so still out of compliance nothing has been complied with correct okay thank you sure on the top of the file is an email from our engineer that reviews The Pyramid uh confirming that they have not responded to the comments on on her review so what's the town seeking today in terms of Remedy well um the property owner came uh he was out of town and he was wasn't aware of the steps that need to be taken taken by his engineer um we would like to hear his explanation and and then decide if we she will allow more time or not okay very good all right you sir are you here for this case good morning sir how are you morning how are you good your name for the record my name is Muhammad Karim I spell your last name for me just so I don't mess it up uh k a r i m okay and your relation to MK tropical fruit farm okay very good so it looks like the previous order required you it looks like that was from March 4th it required you to comply honor before March 20th and the town is saying that you do not you you your engineer or whoever you fired your consultant hasn't responded to the last set of comments from the town what's your response to that yes I talked to this DKK Consulting um the person I talk to his name is Jose and he told me they still working on it but they need to little more time to respond all this comment the engineer sended to them so I'm asking for another 30 days probably by then they'll be finishing the um responding all the comments the engineer is asking for what is your engineer telling you in terms of timeline that it's going to take him to respond to to be fully responded to the comments I talked to him yesterday he said it's still working this give us another couple of weeks and by then we'll be finishing up wrapping up everything and respond the uh engineer's comment all right Mr Matos what's your response to that you honor of the Town um we had the practice of allowing enough time uh for fdas to to be corrected this one I remember has been in the books for a while um we okay we approving a a continuous uh but we would require request that the am fee are imposed for this hearing um as well as for the last one the last continuers and we probably will agree to a 30 days continuance but or or set the day for compliance of 30 days and then fin will start running after that all right yeah and I'm looking that that that was my concern too I mean I I don't have um Mr Kareem I don't have any objection to giving you some more time but this is going to be the last extension that I give you um the order finding violation was from July of 2023 so we're almost a year down the line here I'm also exhausted to dealing with this engineering form DKK and I have been keep calling them and they said they're still working I don't know what's going on with with them and if it is in my hand I could have resolved this a long time ago yes I understand that they the one is causing all this problem and this is really frustrating me too because this things is lingering and lingering and lingering I know it's really you know giving me lot of headache so please give us a little more time and I'm going to talk to them I probably have to go to them and talk to them yeah and I what I'll ask you to communicate to them is I'm going to give you 30 days I'm going to give you 30 days from today but that's not for them to submit to the town that's for all the permits to be issued so what you need to communicate back to them is that they need to submit all the documents to the town within 10 days or 14 days so that the town can review because what I can't have you do is is have your engineers submit to the town the documents on the 29th day and then we're back here next month and you're still not in compliance and it's been another 30 days so I use use the code enforcement process to your advantage tell the tell your consultant that you are going to be fined at the next hearing if the permits have not been issued by the town within 30 days so that's what I've been telling them yeah keep keep applying that pressure and and I don't know what your contract with them is but if there's a way for you to to you know communicate to them that they're going to be responsible for your code enforcement fines if they don't get this moving um you can also leverage that but I have to be sensitive you know the town is is being very gracious to you they're giving you more time I understand you're frustrated but really appreciate on that we got to get this into clients here um before too much longer so let me ask Mr Matos to show you the case File here and Mr Matos when you go back near that microphone I didn't hear anything about service on the last order can you um indicate to me how you have service for today's hearing yes your honor this was saying um the last order was saying certifi mail and it was posted at the prop property can you give me those dates yes it was posted at the property Monday last Monday um go the the 10th right s the 10 yeah and then and and we can uh print the picture of the poting and and added I apologize it was it was not added to the file you you posted it though yeah I posted okay you're your verbal testimony and I show it to the I show the picture to the okay property owner um and your certified mailing date you sent the previous orders on what date saying on January 20 no I'm sorry this is not it let me ask you this did you communicate with Mr Kareem between the last hearing and this hearing yes okay and and I showed him the picture of the of the posting okay so you have actual service and that you discussed today's hearing with him and you also posted the previous order cor right okay very good okay come to the podium Mr Kem he's going to show you the uh the case File it's the same case File that you've been looking at at each of these hearings it just says the additional documentation the most recent order granting continuance this is the one you gave me this the one the comments yeah and this is the last one it was much both okay I was not here that time that day sure no no that's okay I have this copy here that's okay yeah I have all of this in I give I I see this before I have it whole file over here any objection Mr Kareem to those documents no I don't have any okay let me ask the town I guess a matter of housekeeping it looks like the mid-mon April hearing is on the 17th which is a little bit shy of 30 days is that the date you'd prefer or is the first uh Monday Hearing in Monday okay it's a 6 so it's a little bit of extra time just so what is much what what would be the date so Mr Kareem I'm going to establish a compliance date of May 3rd for you and I'm going to reset this for fine assessment hearing on May 6 and the previous order let's see 250 and I'll ask the town at that May 6th hearing have cost recovery sheets for all of these hearings that you've that I've reserved in my previous order so that if if there is non-compliance and there is a fine that's to be assessed at that date um that the fine and all the administrative costs for all these hearings could be assessed at that time as well all right anything else from you Mr Kareem no that be okay anything else from the town all right in case 2306 0011 I'm going to enter the town's evidentiary case File as composite exhibit one without objection from respondent I'm going to find based on the uh testimony of actual Service as well as the testimony of posting uh and Mr Kareem's appearance here this morning which illustrates that service was effective that the town had good service for this morning's hearing I'm going to find based on the testimony of Mr Matos that the respondent remains in violation of section 05- z40 A and B 175 1110 175 170 and 175 240 I'm going to require respondents to comply with those code sections honor before May 3rd or uh appear at the May 6th fin assessment hearing and I'm going to at that hearing uh if compliance has not been achieved and just so you understand Mr Kem compliance in this case is having all of the required permits issued just not having uh responded to the town's engineer comments so issuance of all required permits is what's going to uh constitute compliance so comply by May 3rd appear or appear at the May 6 fine hearing and I'll maintain the $250 a day fine uh and I'll Reserve administrative costs for today's hearing thank you honor good luck Mr Kare thank you next case is um JFK Ranch LC case number 2382 address is 2331 F Ro violations are 05- 040 A and B 175 110 175 170 175 240 um so we have been in communication with this uh property owner we put them back in rotation this case was pull last year and the property is still not in compliance uh but we have agreed with them because they have some access issue on their uh permit request that needs to be resolved we agreed to grant them 60 days uh or to the second hearing on May uh May 15 I believe that's right okay so remind me what is this one this is obviously it's a perit case FDA and this is an FDA um case um the property B build or yeah build a kind of like a a motel um track and at the property and this case was brought in by um Andrew okay um last year and because they apply for the pyramid Andre pull them out of a rotation but the permit has found some issues on access so they the permit has to be modified through their proper access so because of that complication uh we agreed to get them um until May 15 to reconfigure the permit and get it approved all right I guess let me see the case File if I could okay and I guess when you get back to the podium what do you have in the way of service for today I posted out the property um what did you post a new no um presetting for the uh for today's hearing and you also sent that certified mail e this has this property been found in violation yet I believe so that I'm pretty sure it was fine but U let me review that I don't remember the name on this one there's an [Music] old no no notice of violation notice of hearing from February that's that's that's from February I don't see a previous order in here I believe Andrew didn't um proceed with the funding violation uh because they appli for the permit that's why we put him back on rotation all right so all you need this morning then is this an order resetting the violation hearing for May yes they just recently de appli for the FDA permit I'm sorry let me correct on the record they they just they didn't recently apply they did apply they like I said before they had comments they had to configure their permit to get a um review and approved they have been in back and forth for about three months um trying to get access through another property e oh I see here some old documents hold on this says notice no just notice a violation yeah okay so I don't I don't see anything in here that suggests this property has been found in violation yet so oh that is correct okay all right so with that all I need to do is anybody here any respondents present for today's case for this case no you know the property owner did show up this morning and we agreed to the you told them you were going to give them a continuance and they were in agreement yeah okay all right anything further ior thank you all right in case 23082 uh the only thing I'm going to find this morning I'm not going to enter the case File um have that at the next hearing I'm going to based on what's uh been shown to me I'm going to find based on the sence certified mailing um and a testimony of Mr M said the town had good service for this morning's hearing I'm going to Grant the mutually agreed continuance and I'm going to set this for violation hearing on May 15th thank you your honor thank you okay you know the next case uh 2301 00001 for uh 1815 ES3 locks LC uh we're going to pull that one uh due to compliance they will issue um an aid compliance uh yesterday that's good news that one bumped along for a while yeah okay thank you issued yet they have they has it but if it has not been issued it will it will be okay very good it hasn't been sent but the the case uh was put in compliance yesterday okay thank you uh for the next case 231 00002 Safar revocable trust 1 15427 San Diego Drive the town has met with um property owner and their attorneys and came to agreement to continue this case for 90 days if the attorney wants to elaborate on that yes special magistrate uh I did speak with uh the attorney for the respondent um they were here for an in-person meeting earlier this month and they will require some sort of land use approval in order to resolve this case based on our discussions it's like a zoning a text Amendment or something exactly okay um so for that reason we are asking for the 90day reset uh that was agreed upon by the respondents attorney with the respondent president at that meeting um and uh to be safe I would recommend that we put this in a second Hearing in June which would be the 19th by my calendar summer already that's unreal that's that's that's the date I have as well June 19th you know the the year's flying by that's unbelievable yeah and who is uh just for the record who is the respondents council Mr Tom be okay very good uh I guess the only thing I need for this morning then is and remind me is this a uh fine assessment or is this has this been property been violated yet or no it's not been found in violation yet so this is strictly resetting violation hearing yes ma'am okay so the only thing I need is unless uh respondents Council stipulated to service um all I need is to verify that you had good service I don't know that we discussed stipulation but I know he he was in fact aware of the hearing date and Mr machos then I guess what is your testimony with regard to service was this continued from the prior hearing it was from a prior hearing it was sensy a mail and it was actually posted out the prop all right so the previous order gring continuance for the violation hearing was dated February 21st resetting for today's [Music] hearing the respondent was not present but I see and hear USPS [Music] tracking Mr Matos do you have an affidavit a posting or photograph uh not your honor not on the file B you have one somewhere else yes yes you have can you show me that yeah one second print that for me or I just don't see anything I don't see uh the green card it doesn't look like was delivered um so either I need to see the delivery confirmation for the green card or an Affidavit of posting or your testimony that you posted on xate thank you you know I'm I've been surprised since Co I thought we would get back to co it was like a free-for-all with certified mailing but I thought we were getting back but I'm what I'm seeing right now is a lot of unsigned green cards which totally defeats the purpose now because um we were just going to pull um this case uh for 90 days but we decided to get um get it on Friday February 23rd is the DAT of that is that right and what date is that February 23rd all right so go ahead and you post on yes your honor I posted at the property on February 23rd 10:22 a.m. and just so the record's clear you posted the you posted what that was the your order for continuous okay all right anything further from the town not your honor all right in case [Music] 23102 I'll find based on the testimony of Mr MOS as well as the photograph that I just looked at that he is going to print and put in the case File uh confirming um that the previous order granting continuance was posted to the property down 22324 I'll find that the town had good service for this morning's hearing and I will grant the mutually agreed continuance and I'll reset this matter for violation hearing on June 19th thank you your honor all right our next case is 242 0011 um proper is under ventur vent ventur Ariana and Sosa Danielle 15449 Los Angeles this property was cited for work with our permit uh 05- 040 am FDA 17510 175 170 and 175 240 um your as a precaution on this one uh because the property is vacant and there was not structured to um attach the posting and we use a a a fence that is shared between that property and the property next door and when I revisit the property um that was removed we want to ask for continues to establish um a service again we do have a USPS um tracking form that shows the lead but we don't have a green card sign well you can proceed if you show if you have a deliver that that that's sufficient legal service and if your testimony is that you posted um I'm okay with with proceeding that way the picture of the posting is there as well with the red tag that posted at the property we still work order did you this USPS does do show delivery it just shows moving through the system did you check this again no of course can you do you have the ability to check it right now number can I approach yes ma'am thanks so on this one uh on these cases we have another method of posting which is actually installing a stake at the at the property um so we would like to do that and continue to next month so if you're doing that then then I can't find service this morning if you don't feel like you have service this morning and if she comes back and it's confirmed delivered then that's legal service I'm fine with that um you meet your burden there your testimony that you posted yeah if if that's the closest you can get if you don't if you'd prefer to re Ren notice it I'm fine with that as well I mean I I think in an abundance of caution I I understand where you're coming from special magistrate I I don't know if are you ready to present this morning well the evidence is there yeah that we can present the case if if he chose the liever I'm just going say we haven't been contacted by the by the property owner we haven't have any contact with them so just want to be cautious and you you posted it you said it was a shared fence yes I'd rather we stake the property special magistrate so that that's that's the town's preference so if if your if your request is to pull it I'm fine with that and you can just start over and and yeah notice it yeah I just want to that's fine we prefer to do that just to be cautious okay all right go ahead to the next one uh in the next one your honor we're actually pulling uh dndd F grading Inc uh 13961 Boulevard this was a violation hearing for work without permit uh for a driveway that they already apply for is on the town's side to issue the permit they completed the application and all that so we're not gonna proceed with this one so we so you're pulling that one okay easy enough I don't see anything else anything further for the magistrate thank you all right with that I'll adjourn the hearing at 9:36 thank you honor sorry I made you double check it was pulled but thank you for double that problem e e