you guys all set with the recording you okay okay with that I'll call to order the town of loat Grove special magistrate code enforcement hearing for Wednesday July 17th it is uh 9:05 my name is AMD Barnard I'll be the special magistrate for this morning's hearing I think it looks like on the agenda this morning it's mostly fine assessment and VI hearing so a little bit about process so um first thing I'm going to do is I'm going to swear anybody in who's here to speak on any items on today's agenda so if you're here uh for a code enforcement case if you could stand and raise your right hand I'm going to swear in staff at the same time so all of you folks who are here stand up for me and raise your right hands anybody who's gonna speak so your other hand your right hand thank you are you going to speak go ahead thank you do you all swear from to tell the truth the whole truth and nothing but the truth I do just for the record is it only Mr German who's on the computer as of right now it appears that way okay very good if you could let me know if you see anybody else pop on there thank you okay so now that everybody has sworn um once you hear your case called I defer to the town on what cases uh are called first so uh once you hear your case called I don't know if Mr MOS is going to stay there this morning or are you going to go to the podium you're gonna stay there yeah we're gonna try something different here new setup all right so Mr Matos is going to stay where he is with the microphone you're going to come to that Podium there to my right um the town on find assessment hearings and violation hearings gets to go first they get to present any evidence they have any Witnesses they have uh show me their documents once the town is is finished with its side and its presentation you then come to the podium you present your side of the case you can cross-examine any witnesses that the town has called you can show me any documents you have obviously you can tell me anything that you'd like me to hear uh at the end of that I'll make a final ruling and you'll ultimately get an order that reflects that ruling in the mail uh remember all of your testimony here today is given under oh you've all been sworn so keep that in mind as you're speaking to me um with that I will turn it to the town to call it first case thank you Jor U before we start with the first case we would like to do some housekeeping on the agenda um we have several cases that are being pulled this morning our first case pull is going to be case number 23443 for 13771 Noob Boulevard that was an assessment case assment um fine assessment case we're also going to pull case number 23442 for the same property 13771 okoki Boulevard also going to pull 2452 14199 Tangerine also for the same property case 245 00003 is going to be pulled also pulling case 2405 5001 Katherine balard 345 Tangerine also pulling from violation hearings case number 2459 John P 3700 B Road also from violation hearings pulling case number 2443 Margaret Morrison she's in compliance case number 243001 Jacka business core in compliance case number 2444 12997 Raymond drive there a violation here we're pulling that one as well case number 24406 Mario Lopez 14024 Citrus Drive we're pulling that one as well case number 2461 Melissa Raider 13379 Compton row we're pulling that one as well case number 2462 Michael Simon 14170 bidex is also being pulled we're also pulling case number 24 46003 K Moss 14651 bunny Lane for violation hearing it's being pulled also pulling 24 02010 D andd grading 13961 kabi Boulevard also pulling 24619 Esq Farms 1300d the last one that we're going to be pulling this case number 24620 wflow and that's it for the agenda housekeeping okay thank you our first case this morning is going to be 2309 00003 Iceland investment 3570 B roow um founding violation for Section 05- 04 40 AB 175 110 175 170 175 240 on May 6 we mail out the order and came back return we also posted other property but they have been in communication with us and requested a what when did you post I'm sorry to interrupt you um on May 9 okay thank you they they have request a continuance and we want to grant that continuous um to uh September 18 okay all right let me see your case about does anybody here for that case are they here or no okay for the record the respondent is not present and did you do the posting Mr MOS yes I did so you took this these photos that are in here showing the order posted to the fence yes ma'am okay very good and uh I presume the respondent was in agreement with the uh continuance yes okay and you told them the September date uh did not specify the September 8 um they just ask for an exension and since we're gonna be loaded for August we decided to extend to September I can't imagine they would object to that right okay anything further from the town no you honor how many days do you need in terms of doing an inspection is compliance by September 13th that could be enough time to to do an inspection yes okay and you want the maintenance of the uh same fine amount of $250 is that correct that's correct okay all right in case 2393 I'll enter the town's uh evidentiary Case Files composite exhibit one without objection I've noted for the record that the respondent is not present this morning um based on the uh photographs of posting as well as the certified mailing I'll find that the town had good service for this morning's hearing I'll Grant the mutually agreed continuance I'll establish a new compliance date uh after finding that the respondents remain based on the testimony of Mr MOS that the respondents remain in violation of section 0540 A and B 17510 17517 and 175 240 I'll establish a new compliance date of September 13th I'll require appearance at the fine assessment hearing on September 18th I'll maintain the $250 a day fine uh in the event of non-compliance and I'll Reserve administrative costs for today's hearing thank you y our next case is going to be 242 0011 Venton Court Ariana SAA 15449 Los Angeles violation for um section 05- 040 A and B 17510 175 170 175 to 40 was found in violation on May 6 given to given to July 12 to comply and it was said to appear today U for f assessment um you know the property owners here uh we mailed out um to the address on Papa and later keeps coming back a return or we posted the property um and like I said the the property owners here they have submitted application uh the building department tells me that they are in the process of determining uh the actual fees given that it's a real complex application uh so therefore um application is kind of stuck at that point there's not review done yet I think they're going to need another 60 days for uh a progress uh assessment update okay when did you send out the certified mail and when did you post I posted on May 9 I do not have a receive of the certifi mail is set for the return actual later um you post it on the 9th of May though yeah okay I'll take a look so you're essentially asking for the same dates as the prior case that's correct member um 18 okay who's here for this case that you sir okay very good please come to the podium and go ahead and give me your give me your names so what's his name Daniel Daniel Sosa and mine is Ban spell your first name for me Bri spell it b r i a n n okay okay give me one second just to look through these documents e and Mr MOS the property remains in violation of the listic code sections is that right yes sure okay do you have a date that the permit was submitted to the town maybe it says here maybe it says May 8 Sanders sent over Land Development per permit app we've had that in the system for a little while yeah I think there was a back and forth and I don't think it was sub until a few weeks back um by the engineering um that they hire but uh the payment hasn't been hasn't been submitted because we haven't calculated yet okay let me ask you Mr matus to show them the case File so he's going to give you and explain this to the gentleman he he's going to give you the case File I need him to look through the the documents and let me know if he has any objection to those documents being entered into the record okay okay does that make sense so if this this is the same case saw before the difference is the emails have been added to it and the posting from the order the last you can take your time to look at [Music] was so some some of the emails are internal like between the per department and just updating um this application and the other different was this post can you ask him ma'am if he has any objection to those documents being entered into the record you know no no no no objection no okay thank you all right with that I'll enter in case 24211 I'll enter the town's evidentiary Case Files composite exhibit one without objection can you explain to him what the town is asking me is to give you a ex essentially give you more time give you what we call a continuance so thee order required him to comply uh by I think July 12th um what they're asking me to do is is because they're having an issue calculating the fees to give you more time yeah I presume you're in agreement with that but relay that to him and ask ask him if he's okay with being granted until September 13th to [Music] comply yeah yeah that's what did he say he said that he has a health department um uh permit which should probably be a requirement to the permit package right so this is just giving him more time to comply it it extends the deadline out from July 12 to September 13th so the new date just just make him understand that the new date uh that he needs to comply which means get the required permits issued is is September 13th can you relay that to him okay okay and and is does he is he in agreement with that that date he thinks he can get the permits done by then he says uh basically as long as the the town city or I don't know how it's called Town you're right yeah yeah they they give him the permission then that's fine yeah yeah so what I'll do is is for the F assessment I'll I'll set it for a status fine assessment hearing so what that means is if if if the permits are not issued by September 13th he'll come back to me come back to this hearing on September 18th and he can explain to me that he submitted the permits on whatever day he submitted them and then if if they didn't get issued and it's not his fault I'll certainly take that into consideration okay okay will you let him know that yeah [Music] okay okay can you ask him if there's anything else you'd like me to hear no okay very good anything else from the town uh we just like to request for him in the last hearing he expresses that he had a different address that he wanted to provide as a courtesy we could same notices there if he can leave his information at the front desk so we can do that as cour so what he's saying and what it looks like in this file is they they being the town is required to send you the legal notices to the address that's on the Property Appraiser's website those notices keep bouncing back to the town so give the town a secondary address to send stuff to because you're not getting uh the legal service that they're required to send to you so just so the address that he's in right now wherever he wants the mail to go yeah what the town is agreeing to is they're agreeing to send you a courtesy to another address just so to make sure that he gets it okay yeah yeah okay yeah I done okay anything further Mr M not your honor okay all right in case 24211 I've entered the evidentiary case File I'll find based on the certified mailing as well as the Affidavit of posting that the town had good service for this morning's hearing I'll find based on the testimony of Mr Matos and the documents in the case File that the respondent remains in violation of section 0504 A 175 1110 175 170 and 175 240 I'll Grant the uh agreed read continuance I'll establish a new compliance date of September 13th and a new status fine assessment hearing date of September 18th in the event of non-compliance I'll maintain the previously set fine amount which was $250 per day and I'll Reserve any administrative cost for today's hearing so just make sure he understands that the new deadline that he needs to have those permits issued by September 13th if it's not issued he's going to come back to me it's not complied out he's gonna come back to me on September 18th okay yeah yeah okay thank you thank you both thank you thank you thank you your honor our next case is um J we're going to have to pull um page 23066 as well and bring it back on a future um agenda okay all right um we're going to skip U Lantana Holdings um to give time to our attorney to um get here and we're going to go to our next case let me just make sure Mr German Mr German are you there yes thank you sorry about that that's okay I just wanted to make sure you heard um Miss early is has not yet arrived so we're gonna uh skip over your case for the moment until she gets here we'll come right back to you as soon as she gets here okay I appreciate that but uh what I was going to say if you give me just one moment special magistrate is that she and I agreed and I can represent that we want to roll over the purpose of today's meeting till this the second meeting in August which I which she thought was either the 14th the 21st and she conveyed to me that I was authorized to convey that message to to the court you spress that to me as well that they will had to continue the case and it will be August 21st say the 21st we can let Mr German go if that's in fact the case I guess the question is um were Mr German were you noticed for today's hearing or was that uh we hand deliver the property um yeah I I obviously I was noticed at some point about it I'm here but I don't exactly know when uh candidly I just got back late yesterday from uh Alaskan cruise so this was put in my calendar while I was gone so I had to pop in at the last moment welcome back to reality Mr ger I'm happy to be here for what it's worth very good are you willing I guess the question for you then is are you will willing to it sounds like you're in agreement with the August 21st date are you willing to wave any uh service for that date and yes I am I would ask if and I can express this to miss easily as well just that they email me the notice so I can obviously let the land owner know as well because if you recall I represent the tenant very good all right with that then uh anything further from the town no your owner all right in case 2301 00003 and I believe this also pertains to 00006 is that right that's correct so in both cases 2301 00003 and 2301 00006 I will uh issue an order uh based on the mutual agreement of both parties and reset this matter for August 21st at 900 am thank you so much I appreciate the flexibility thank you your honor thank you Mr jman have a good day everyone thank you too all right that take us to our next case 2445 15349 collecting Canal this is uh violation here is now um the properties being cited for sections 05- 040 a b 175 110 175 170 175 240 however um the property has been um red tag or stockboard cour was posted of the property with sentor f mail um on May 7 and we posted the property on May 9 uh the property owner had met with our engineers and they all agreed to um that they needed more time so continuous uh will be in order for this one and I had an email uh this morning with the property owner agreeing to September 18 as the day for the next year thank you so are you asking uh for finding a violation today or you just want me to reset this for September 18th and deal with it then just want to reset it for September 18th okay very good is anybody here for this case no you're own okay all right so if that's the case I don't need to find anything other than good service for this morning's hearing how are we already setting September here me e all right anything further Mr machos no you all right for the record in case 2 44005 the respondent is not present I'll find based on the Affidavit of posting as well as the certified mailing which appears to be moving through the network whatever that means um but based on the AFF of posting I'll find that the town had good service for this morning's hearing I will reset this for violation hearing on September 18th at 9:00 a.m. thank you honor on our next case for violation hearing uh 24510 at 13281 24 Court North James sapik and Cynthia Vargas we're setting the the property yor on Section 05- 04 for work without permits um the property owner um who's here today uh converted a structure that seem to be a garage in the back of the property to in low quarters um I'm sorry what to inlaw quarters inlaw quarters okay thank you and we observed um Mechanical plumbing electrical and building um work done in that section of the property um we mailed out certified mail impost of the property on the same day June 11 uh and on the file you'll see Pro uh pictures uh from adjin property and uh from the road showing the work being done and and the status of the property um afterwards so are there any uh permit applications into the town uh not yet your honor the owner has met with with the staff and is working on um engineering calculations and um application sual the only Su uh the only application we have receiv so far is for the V exemption um for invasives and um the the tree which we we haven't decide it we didn't decide that you did decide it we didn't you did not okay but that's not part of this case anyways this case is just about correct it's just for work without that's correct okay just want to put in the record what we have received for him oh I see you have vegetative vegetation clearing exemption application in here e e so walk me through in these photos the the building that you're alleging is the conversion the building was there they're just renovating the building is that right that's correct there was an opening uh the what's the size of a garage door um they added some windows there's a new AC unit there is new Plumbing new electrical what's what's the picture that that's not smoke right is it it's dust it's dust from uh the work been done on the prop I see the photo with the garage door all right who's here for this one can you come to the podium sir good morning good morning what's your name James sik okay perfect you're the property owner yes ma'am okay great first thing I'm going to do is ask Mr MOS to show you this case File uh take a look at the documents that are in it at the end I'm going to ask you if you have any objection to just the paperwork uh just getting the documents in and then then you can explain to me what's going on okay yes ma'am thank you e e okay any objection to those documents no okay so you've heard what the town is saying it looks like you did some kind of conversion to the structure well I'm sorry that's okay go ahead um the structure was erected in 1980 under an agricultural exempt status I was unaware of the code that I was cited with by Mr Matos that any building that was agricultural exempt if an alteration is made to it uh needs to be brought up to uh current code so I am in compliance uh on let's see here Thursday July 11th at 11:30 I met with uh jacket Tom thomasi the pwns engineering department okay and permitting okay um and we're currently in the process of providing a uh set of plans signed and sealed by an engineer architect and uh bringing everything up the code okay and let me ask the town what are you seeking in terms of Remedy today I presume you're going to give him time to come into compliance that's correct y we want to find the mo violation give them 60 days to um obtain the permits okay so those same September dates is what you're shooting for I already have all the sub permits signed sealed and notorized essentially I'm going to be meeting with the engineer next week and uh that's really all we're going to be waiting for is uh the signed and sealed set of plans okay and then we can start an inspections okay and 60 days should be the town that's more than fair should be more than if there's a problem I'll remain in communication keep in touch with the town exactly so that that they understand where you are in the process and if if I don't expect you will but if you're back before me at fine assessment hearing um if there are reasons for me to give you more time I'm certainly happy to do that if there are things outside of your control also am registered with the town as a subcontractor as well so okay okay so that'll be comp by 13 what Bine amount is the town seeking in the amount of non-compliance 250 that you and do you have a cost recovery sheet for today's hearing yes sure 23405 be right after the end of missed it on that there it is all right anything else you'd like me to hear Mr you say your last name savnik savnik yes ma'am um I'm just curious Mr Matos in your honor are we going to address two to now or shall I sit back down no you can you can stay there they set these separately so I'm only dealing with the violation of section 0540 A and B now but you can go ahead and stay there um based on our discussion anything further from the town no you thank you all right anything further from you sir just the building permit portion okay in case 2 45001 Z I'll enter the town's evidentiary Case Files composite exhibit one without objection I'll find based on the certified mail documents as well as the affidavit a posting that the town had good service for this morning's hearing I'll find based on the photographs in the case File and testimony of both uh the town and respondent that the respondents in violation of section 05- z40 a through b a requir respondent to comply with that code section honored before September 13th or appear at the September 18th F assessment Hearing in the event of non-compliance I may assess a fine of up to to $250 per day uh for each day that the violation continues so make sure you get the permits uh otherwise come back to me on the 18th and explain to me why you don't have the permits because I have found you in violation the town is entitled uh under state law to recover their administrative cost for today's hearing so I'm going to assess those uh in the amount of 23405 and those are payable within 30 days okay and then go ahead and stand by and Mr Matos will present your second case thank you your honor the next case is 24622 for the same property property owner uh this one your Will C of the property for sections 05- 040 aamb 175 110 175 170 175 240 um this one your owner is for um uh grading excavation and modifications to the drainage and the other the property uh while inspecting the property from ajing property we notice um uh excavation equipment um doing work on the pond uh the ground has been Disturbed on in front of the um same structure that was modified [Music] um some of the work seemed like related to the plumbing that was um uh uh done um in connection with that uh remodeling but um the other work that is related to the pond and and Grading of the property uh requires an FDA uh we posted in certifi mail on June 11 and again we've been in contact with the property owner and he has stated to us that he's already working with Engineers on uh he also met with our engineer at the prop proper trying to alleviate uh his flooding situation and um we want to find him in violation today and allow them 60 days to um status F assessment and for the September 18 okay e so this picture with the white uh piece of equipment where is that in relation to the building is that near the pond that you were talking about that's near the pond um is actually east of the pro the the structure the pond is this of the structure there's a photo in here with the white is that a piece of pipe or something sticking out of the ground yes um we don't know exactly the relationship on um and when that was um uh install maybe um Mr s can give us some explanation on on what that pipe is but all those pictures show a lot of activity on the on the back of the property and just so I'm clear you've also cited him on this case for 0504 a b that permit is also required for the for the filling activity yes okay a separate permit under that code section for the grading or whatever was done correct okay right let me ask you to show the case File to Mr savnik same thing on this one sir he's going to show you the case File take a look at the documents and let me know if you have any objection okay absolutely thank you thank you same photos very much yeah yes ma'am that all yeah my concern was he the previous case he's already been violated for that code section so my concern was is this section really necessary in this case kind of contradict each other and strike 05 Z4 Z in this case okay thank you okay any objections sir to those doc well I mean can I uh I was told and correct me may I speak in relation to these photos yes go ahead um from this point of view here and around the entire property I was under the impression installing irrigation is not required by code is that correct you're asking whether permits are required if you're installing irrigation correct is is that what you were doing well absolutely 100% I mean I will write my wrongs as I am uh in communication and compliance for the renovation of the structure uhuh I got no reason to lie about anything I'm a business owner I own equipment and I did dig up the property to install site drainage to which under my impression of the code's explanation of section 05040 if and of course I understand code there's a code to a code and we can go through the codes uh extensively but in uh the first section section a halfway through it says with the following exceptions which will not require permit and it says filling sink holes and rebuilding wash out areas near drainage structures Excavating to enhance drainage so I was under the impression and I was then corrected and in compliance to uh come up with a site site drainage plan um which I had the application for okay but uh this code very much conflicts with another code uh Mr Matos has provided me with so um yes the the property has been excavated for a complete um Irrigation System Sprinklers and I also put in um ads drainage that leads from the property to the pond so is that what you're trying to address you're having I mean I understand the sprinklers are you're having a flooding issue or you're having a pond well we're we're we're zoned X so which is considered a non-f flood zone but I'm a plumber by trade I'm trying to enhance the property's value better to property compared to what it was okay and and um you know I I I I put drainage in for a living that's what we do so I'm trying to enhance the properties structure um so I'm assuming that's where this second uh citation came in to play now as far as uh one of these pictures here with this the white pipe sticking up out of the ground if you look at my survey that I just had done it shows both structures EAS property lines and it shows that I have two Wells on my property that's a well pipe um and then the white pipe sticking up in the back of the property I advise Mr Matos is a vent pipe for a lift station it's a forth main um that pumps septage from point A to point B okay so that is also under the last case which is going to be addressed um that per per process okay so so I'm just a little confused as far as what the second citation is really I'm aware that moving forward if I decide to drain infill the pond is going to require an FDA permit and the motions and completely in compliance with that just not sure um this is just you know making me aware but I'm not sure exactly what it is that I did because around the time June 28th that this citation was given to me I was in the back of my property on my escavator clearing brush and cleaning up the back of the property and um I've then also been uh made aware here you go sir that uh an application for vegetation clearing was also required and that's what you'll see in on file I had uh submitted yesterday okay yeah and that that just so just so we're clear that is not part of this case vegetation that's a separate thing they did include the permit in here just so yeah it was just coincidental because the the same day I was working in the back of my property on the machine was the same day that I was uh giving the citation for you know section um 05 040 so you you told me you met with the town's engineer right yeah I actually had uh Richard Galant U thanks to Mr Matos come my property firsthand is he a town engineer or is it okay he's the um uh Flo plan manager as well okay and he was like Wow joking I said bring your waiters because the pond has come up past its flood level rim and was basically creating an island on my property the water was crossing over to not my neighbor behind me but the other neighbor's property who live in in trailers or you know of some sort but furthermore it was about I'm sorry the property on the East you yes sir property to the east um and hopefully I just get him in trouble but just did yeah um but you know I just I'm not even going to touch on the the invasion of of you know privacy and I'm not here to get people in trouble you know the guy's been living there you know probably for 30 40 years and because I make a comment now I'm going to go disrupt you know this guy's life is it's unfortunate but um so explain to me the the photo that I'm looking at here there's a bunch of of mounds of dirt C see please yeah so that is a a hole that I dug for a ads catch Basin that collects water and that will drain the water from point A to the pond okay so it will collect the groundwater and move it to the pond okay let me ask the town attorney so I think the section he was citing the the exemption for was the 05 04 Z correct I I need to understand the town's position as it relates to uh the changing of the topography for the instulation of drainage is it the town's position that that still requires an FDA permit I believe it would requ okay develop and furthermore I would also argue that it doesn't I don't know if this m is working but you can hear me I would further more argue that it doesn't meet the enumerated exemptions um in even in article um 5-4 which that section has been stricken anyways um but I think under article 175 it's still required and if there's any question about it you said you think so magistrate if if there's any question about this this is not something that had been discussed or made known to me that the purpose what the purpose of the work on the property was being done I'm happy to discuss it with Mr Gant and reset this um ultimately I'm going to provide a site development plan your honor I would like to ask the property owner when he met with Mr Galan didn't they agree that a um FDA and permit calculations for an engineer needed to be done for the site drainage no no for the work being done on your property and the drainage modifications that you needed to do as well um you were Excavating on the on the pond is that correct Excavating on the pond yeah I no I didn't excavate the pond the pond is is still there very much I excavated to the pond with multiple drains yeah so there's a difference between um doing um a sprinklers installing Sprinklers and installing drainage um structures that you then um conduct into your pond that is a modification of your drainage and you need Engineers calculations for those so okay yeah that's fine I'm not going to push back I just simply was citing what the code says and I'm not going to continue to waste everybody's time I'll comply that's fine the cablish even grading your property uh of any man um those qualifies for an FDA calculation so the amount of work done there besides put your sprinklers require that's fine I'm not trying to look for a scapegoat like hey I installed Sprinklers and yeah whatever P permit needs to be pulled I'll pull it and just so just so the record is clear the the I think the section that you cited was 0504 Z and that section has been removed from this case um this section is or this code case rather is only addressing sections 17510 175 170 and 175 240 and 175 240 says any development that is not within the scope of a Florida building code but that is regulated by this article that is performed without an issued permit that is in conflict with an issued permit or that does not fully comply with this article shall be deemed a violation of this article the town's testimony is that you don't have a a flood plane development permit um to do what though the site trage yeah okay the drainage I I think you're and I'll ask the town attorney to weigh in but I think the the irrigation is is a separate matter I think this this case really is about the what you're doing to address the drainage on your property and moving moving material digging holes changing the Topography of the land is exactly what's contemplated by their FDA permit so if you've already you're already in the process of getting an engineer you're already in the process of Permitting what you're trying to do it's not that you can't do it it's just you need to what the town is trying to do through their code is to make sure that you are not addressing in a way that you think is best your drainage that has a negative impact on your neighbors right so that's the purpose of their permitting requirement just to make sure that you're addressing your problem but it's not to the detriment of of surrounding properties okay anything else go ahead no you honor uh there is a a neighbor um of U Mrs havick that wants to speak uh John Oley is here he hasn't been sworn in are you is it Town call him as a witness uh he's has he has requested to speak uh he's uh immediately affected he claims to be immediately affected by the violation okay Mr savnik what I'm gonna do is ask you to sit down I'm gonna hear from him and then I'm GNA call you back up okay sure thank you sir good morning sir what's your name Sir John Oakley all right go ahead and raise your right hand for me do you swear for tell the truth the whole truth and nothing but the truth I do and spell your last name for me just so I get it right o a k l UI okay go ahead sir um I leave at 13 um 315 244 North uh which is my property is AD Jing West property of uh Mr sck so you live right next door that's correct okay since the construction have begin and 13281 I have at least a minimum a half a million dollars of loss based in the activities been going on and set property um by reconstructed the flood activations SP of it it's not even my concerns be honest with you um back fill the ponds um when they have designed these U properties in these areas um they designed them a certain way where the Pond can never run dry and you can start pumping pumping the next day ponds are full and um they've been pushing the salt water back and all my trees are being affected that's the one thing um extra other curriculums where um being conducted also distress the trees um where now I have examined the trees I don't think any one of them probably will even be alive um if that happened over 500 trees excuse me in a properly that's a huge amount um they are not cheap trees they majority of them 95% of them or coconut palms and I begin to grow those Palm due to the facts of the en environment um the climate how much abuse they may take uh from hurricanes from drought from Sun um from the winter um only time you will see a palm tree um have kind of like going under distress if a there hurricanes or if we have a temperature drop within 20 degree um then the the leaves uh start to change color because they are made to take those kind of abuse well since March Mr sick I have uh purchased a property in April 14 uh 16 sorry they begin the constructions um at that moment I had notifi code enforcement because they were creating dust uh that come over my crops and the plant as well because I have a lot of crops there um they asked them to stop they ignored it and the constructions continue then they spent more than three months pumping up the pond pushing the salt water back bringing dump trucks with the gravels um to back fill the bottom of the P or whatever they were doing there and now the trees are like dying so I will ask this I will ask the court and Joanna I don't think um the town will have any objection to that for all constructions and set properly any things that have to do with digging filling the ponds or any other stuff to Halt and U the water there were in his property now being discharged into the open very toxic hold on second I know could have um okay to discharge the water into the public opens but at this moment neither could neither the towns uh need the the town engineering know what kind of water is being um circulated into our water streams that which is getting into f Road canals and then we'll get into Norwood and then go to a bigger area and which is can be come a very devastating effects within our environment and the people there will end up consum that water okay so I'm I'm going to show you a pictures of it um so so special magistrate I at this point I I want to make sure that we kep keep the record clear and that we don't have any um issues I I don't think that it's appropriate to show pictures on your phone sir um and the town is not seeking to admit that at this time um so if you have any testimony specific to what the town's staff was talking about um let the magistrate no but otherwise she can deal with is the allegations that are on the docket for today and if if to that point if there are other issues about water being discharged let the town know about that that's not what's within the purview that's before me today that's not within the scope of the case that's um at issue before me but I do appreciate your testimony okay um and get with Mr Matos if there are additional concerns okay all right so stract that the dist of waters and I get back into it later okay but the back fill of the ponds and um the trenings within his property with heavy equipment have Disturbed the ecosystem which is now like I say um more than a half million dollars in losses okay um and I'm I'm continue to calculate it to see how far that's going to to be look Mr syix is a nice man right maybe he did not know that impact is going to happen perhaps I don't know maybe he just did it I have no idea so is for me to further analyze it to see how much is going to really actually cost so at this point it will be based for the court basically to haul all constructions being taken so that's what I wanted to address so to the extent that that you allege that you have issues um that are caused by your neighbor that that's a civil matter between the two of you that's not something that I can can resolve here today um the only thing that's before me is whether what what the respondent is alleged to have done requires the the flood uh plane development permits that's all that's before me so I I am not going to have him cease and assist activities I'm going to give him time to get the required permits that that's that's typically What's Done in Code Enforcement there's no reason for me not to give him time um to get those permits his testimony and the town's testimony is that he's working toward that but I do appreciate your testimony this morning uh and I would encourage you to get with Mr Matos about the other matter um or the other issues that that you think are going on okay sir I would I uh just make one request um base when permit he would be seeking permit to do whatever he's going to do then I will ask the score to P the construction until permits are being in place I heard you asked that yeah I heard I heard you asked that and I don't mean to interrupt you but I did hear you asked that I think you asked that a couple times I'm I'm not going to do that that that's typically what I rule unless there is a health safety welfare reason for me to do that um the evidence that I have this morning is is not that so I'm going to give him time to get the permits um and you know that's that's Equitable for both sides and that's what the town is asking me to do is is to give him time to do that okay even though the work's not supposed to be continued without the permits that's right but in Code Enforcement you know there's typically a reasonable time to get permits and and getting FDA permits in the town is is not something that happens overnight it is it is there are engineering documents that are required to be prepared there's a process so um my job here today is is to to incentivize the respondent to get into compliance as quickly as possible but but being reasonable okay again this is being reasonable the people shouldn't have any objections hear you sir to hold the permits I hear you sir and I've heard your concerns typically public comment is not permissible in Code Enforcement hearings so I've let you speak um probably longer than the town would have liked me to have let you speak I didn't realize you were here today um but I do hear your concerns okay sir hi thank you thank you and and special magistrate if he wants to wait we'll talk to him after the hearings are over okay did you hear that sir they'll wait for you they'll talk to you after the hearing to to address your concerns Mr sa can I ask you to come back please so I just want to give you sort of last word um it the pictures that I have show Earth moving happening on on the property the the code I think is is clear that you do need the permits you're admitting to me that you're going through the process to get the permits um my goal here is to give you time that's sufficient to do that um is there anything else you'd like me to hear this morning um pertaining to uh John uh his statement whether I pull a per or not he's Al allting that by me digging the hole is affecting his plants or by moving rainwater that falls on his property whether it's on the grass or my pond whether I move that rainwater from my puddling pool in my property to prevent property damage is somehow killing his trees he pulled me aside and again this is not even relevant to the cases that were here so you can stop me at any point that's I want to give you an opportunity to respond I I don't as I said I think it's a civil matter between the two of you but it is I wanted to give you an opportunity to say what we had a conversation last Sunday he he waved me down to come speak to him and he had mentioned that he felt somebody was coming onto his property and introducing a chemical to his banana trees his coconuts pineapples and sugar cane I said that you have he has cameras two cameras on one pole with five at least five different poles up and down the property lines very very enforced for you know somebody not intruding I said it wasn't me you have all these cameras you think I sprayed something on your trees so um then he got into Airborne um intrusion ground in infusion intrusion and at this point I'm just like mindblowing he also even mentioned that somebody sprayed a chemical on his uh his outside condenser for his air conditioning and that the fumes were coming into his house and that somebody broke in and violated him and injected him with a poison so at this point it's like I hear you none of that is before me no it's absolutely absurd yeah I'm I'm going to let you two deal with with the civil matters between the two of you I will speak and and I will admit right now that I made uh Mr Matos Mr Gant and the town's engineering department that I was not going to allow my property to be damaged by water and that by all means to remove the water to an improved standard off from I got videos that I can I could show you if we if he gets there within six inches of my front door right of you know hundreds of thousands of dollars of of property damage so Mr Gant whether he wants to admit to it or not which he you're not you said dig a hole dig a hole Yeah so I mean I that's all going to be dealt with as as part ofate process that's beyond my technical ability I'm I'm not an engineer so I'm I'm here for compliance what you're allowed to comply to we could sit here and talk what ifs said what but yeah the next the next thing is going to be Mr MOS is going to come out and he's going to see that I installed the pipe to the Swale to the city cob sale to where I could pump water that was about to come through my front door to the Swale so I'm sure I'll be served or cited with another uh citation but we had a unforeseen amount of water that happened over a 10day period then uh I'll deal with it how I have to deal with it but that's what everybody said do what you have to do I got to protect my my property just like anybody else has to I understand that and I would encourage you to to to the extent you can address whatever you did I went through every chain right possible here at the town to say what can I do legally okay and there was no no proper answer the proper answer was to dig a hole create a bigger hole and a bigger problem and it did okay well I'm going to leave I'm Gonna Leave the technical folks to to give you answers there that's that's beyond um so a site development plan is absolutely in need 100% I totally agree with you on that so anything else you'd like me to hear sir no ma'am anything further from the town no your all right in case 24622 I've entered the town's uh evidentiary case File I'll find based on the certified mailings and the Affidavit of posting that the town had good service for this morning's hearing I'll find based on the photographs in the case File the testimony of both the town staff as well as the respondent uh that the respondents in violation of sections 175 1110 175 170 and 175 240 I'll require respondent to comply with those sections uh and that means being issued a permit just so you're clear not applying for being issued a permit MIT honor before September 13th or appearance at the September 19 excuse me September 18th status fine assessment hearing same thing applies uh to what I told the the prior respondent that you heard um with these FDA permits typically I set the fine assessment hearing for a status fine assessment hearing so if you come back to me at that hearing and you don't have the permit in your hand and you've done everything you could do between now and that date to get into compliance I'm inclined to give you more time at that hearing I'm still on unaware of you know the work that was performed form Med I have to have FDA approval to install site drainage you do to change the Topography of the land you have to have you have to have an FDA permit and just so you know uh your side of element permit is going to include whatever you did plus whatever you're going to do right right enhancement it's just one one but irrigation digging a pipe and install it in the ground and back filling is not considered site irrigation and drainage changing or addressing drainage is different than you installing a sprinkler system so no I understand that there still but it's still land movement topography as you mentioned you're moving but you're putting it back right where it was when you you dig a small little trench you put a pipe in put it back you're you're what I see in those photos is you have done is the movement of water considered topography no what I'm looking at is is significant movement of of dirt of Earth so you're going through the permit process that's fine I just wanted to be clear right and you'll address all that through the permit process but to Mr mat's point if there is future work that you're proposing to do or you're thinking you're going to do get that in right do that as part of this permit because you're already going through the process um so I'll set you for the September 18th status fine assessment Hearing in the event of non-compliance I'll assess up to $250 a day permit and again I'll find uh or assess the administrative cost for today's Hearing in the amount of 23405 payable within 30 days okay best of luck to you sir hopefully you can get the permit by that date you guys will mail the bill you yeah you'll get an order in the mail 243 3405 230 yes you'll get you'll get two orders in the mail that have those numbers all right okay permission to leave yes sir thank you thank you your honor our next case is 24512 um Thomas shelter uh 1544 B Road uh was cited for 05 section 0504 17510 1751 170 175 240 y on this property uh we S5 M on June 11 I recall uh posting the property but I could not retrieve the picture um the property owner is here I I propose that we um reschedule but he would like to uh speak on his case so if he waves um service um we'll be fine with presenting the case all right who's here for this one is that you sir yes ma'am good morning come up to the podium sir okay good morning good morning what's your name sir Tom Shelor you are the property owner very good so the town is saying that they posted your property it looks like the certified didn't get to you yet I'm sorry I didn't hear you the town is saying that they posted the notice of violation a notice appearing to your property but the certified mail has not yet been delivered to your house is it has not okay you got a notice posted to your gate or to your door no ma'am you did not how did you know about today's hearing there was some debris left in my neighbor's yard along his driveway and uh going out I picked it up and saw that it was a a violation order with my name on it I have a I'm the back five acres behind the front so that neighbor owns that driveway uh and this document was laid on the ground there okay let me have you pause what does the town want to do so special magistrate I'm looking at 16212 M and it's says Pro of posting shall be by Affidavit of the person posting the notice which affidavit shall include a copy of the notice posted and the date and places of its posting based on that I would feel more comfortable with resetting to ensure that we have proper notice under 16212 um it I know that it it's um a hardship for the respondent to come back but we need to make sure that we've met all appropriate statutory requirements okay so sir what she's saying is that based on the documents that I have in this file and based on what you just said um the town doesn't feel that it has legal service or sufficient service for this morning's hearing so what they would like me to do is uh have this case pulled and then they're going to Ren notice you what that means is you're going to have to come back to a future hearing the only way to get around that is if you are to wave service and to stipulate that you were will proceed anyways despite the uh I'm fine proceeding anyway I uh I mean given you're here now I just wanted to give you that opportunity if if you want to come back want to go ahead and get through it because I don't feel like I have done any violations with the town code what I've read from the code says that you could bring in dirt to fill in holes uh and maintain your driveway uh if you look at the have you seen the pictures of the property let no but let me let me ask you to stop there so given given that this is um there's not an agreement here um without the Affidavit of posting despite your statements I'm I'm going to find that that there isn't based on what I'm looking at here there is no Affidavit of posting um so I think the best thing for for both sides is for the town to Ren notice you and and for this to come back to a future hearing okay yep yes ma'am okay so I'm going to um make no findings in case 24512 is it the town's position that they'd like that case pulled yes your honor yes noce okay so again your honor since um the respondent is present this morning if he wants to wait we can speak with him after the hearing to see if um if there's you feel you have a defense we're happy to happy happy too okay so go ahead it's completely up to you sure yeah there's not too many more cases so if you want to stand by um you they'll speak with you after the hearing okay yep you got it thank you than you thank you thank you yor our next case is 2 46006 1557 e row Travis farm this violation is for um three removal without a permit um we mailed out certified mail on June 18 2024 um amazingly the USBs tracking shows the liver we actually have a green card uh with a mark as if it was signed but we also posted on the property on June 18 and have enough before that okay thank you so go ahead you said the the alleged violation is free removal without a permit what what that to me section 87- Z3 30 um this property did apply for a waiver back in 2022 um it doesn't seem that that was approved and the property owner at the beginning of this year um a remove um those trees uh they met with staff um they were told that if they had their um agricultural um classification they could apply for an exemption um and we left that meeting as said they were going to procure that at this point was that meeting that was um I believe in January uh end of January beginning of of of February I wasn't in COD yet but you were in thee but I was in the meeting okay of this of this year this year yeah um we allow some time to the property owner to work on on that permit and after seeing that permit was not submitted we went ahead and insided the property uh ases for sale and um we want to put on the record that there is two open violations for the property so you can see on the evidence there the the Tre debris is still there um the property shows us a vacon um um on Papa and you'll see a second case for a property owner living at the property on an RP and you took these photographs that file so you saw the stump tree stumps is that that's what I'm looking at right the trees were removed and there's no permits no permit application on file that's correct the only application we have is the previous one from 2022 that was for a waiver that wasn't approved that so that was was that officially denied or is it just stuck in the system um I don't know exactly if it was officially denied but it was not it was not appr and that was today as looking at for a new application that would have been done for for as an exemption for this work and I'm not an arborist but the the photographs that you have here these look like freshly cut trees is that your assessment then there's no way that they could be part of the 2022 oh there were not that that that happened this year okay that's what I needed thank you all right is it respondent present no you're on any communication with them uh I spoke with her before we cided her uh and told her that we were waiting on the on the permits uh but then I had communication with her realtor um I call her for a different matter but I I explained to him that there was two violations on the property so he was aware that those needed to be taken care of what's the town seeking today in terms of remedy to find them in violation and allow them 60 days to uh obtain the the perits for the Tre remob and a fine amount in the event of noncompliance what we go with 250 a day you want know I know in some cases we have gone with um irreparable and irreversible but we not selling this property in that condition because the the idea that they could get an exemption permit if if that's the case so we're just going to go with a 250 a day okay any you have administrative costs in the amount of 23405 for today's hearing yes your honor okay anything further not your honor all right in case 2466 uh let the record reflect that the respondent is not present I'll enter the towns evidentiary Case Files composite exhibit one without objection I'll find based on the certified mail having been signed for as well as the affa of posting that the town has uh more than sufficient legal service for today's hearing I'll find based on the photographs in the case File as well as the testimony of the town's code officer that the respondents in violation of section 87- z30 for removal of trees without the required permits I'll require respondents to comply with that code section honor before September 13th or appear at the September 18th fine assessment Hearing in the event of non-compliance I'll assess a f in the amount of $250 per day for each day that the violation continues and because I found the respondent in violation I'll award the town it's administrative costs in the amount of 23405 for today's hearing payable within 30 days thank you honor the next case for the same property 24 0605 rubish Farm 1557 e Road the violation is uh section 20-50 A1 um this one is for living in um an RV on the vacant property without a construction permit um this is not allowed by the town code we um mail out June 18 uh USBS shows the Li and we also posted the property on June 18 and we have an aid showing that you do or you do not I do you do for two on the sign green cards huh and what's your evidence as it relates to the RV and somebody living there did you see people coming in out of it or yes they I I spoke with the property owner and she came out of that RV we have spoke with her several times and she had admitted she was leaving an RV and she was trying to get a vacant lot is it's a vacant lot there I'm sorry there's no house there's no house there she was trying to get permits to to she had her ship and she couldn't start construction her property for the permit for construction so she's been leaving on um on her RV and what does the code allow is there there's a process to get approval for that or no yes the only way you can be on a property that doesn't have a residence is if you have a active permit for the construction of the residence and she does not okay no no application in and no permit issu no she decided she she can't and she's going to sell the property property is now leased for sale okay so she is has she removed herself in the RV or is the RV still there it was still there um last time I spoke with the with the realtor I I had to admit that I had not um inspected the property this week but I expect the real to let me know if she when she moves it because that's what we agreed to all right anything else no you we just seeking to find them in violation give them 30 days to remove the we actually will go for 60 days to remove the the in the case that that doesn't happen she will come back with the two cases on the same here well you could get I mean you could you could give her a shorter time to comply and still set her for the September 18th hearing um I'm happy to do whatever the town wants my worry for the town is that she's going to sell it and catch you kind of Midstream in your code enforcement case but that's a risk um everybody takes in inciting Code Enforcement cases um so I'll I'll do whatever date the town is is seeking I mean getting the RV out of there and not living in it is that's a that could happen in 24 hours but if you want to give her the 60 days I'm I'm fine to give her that we okay with the 60 days you're to giving the heart shape that she has demonstrated um um we're okay with that okay and find amount of 250 a day anything further no your honor all right in case 2406 005 I'll enter the town's evidentiary Case Files composite exhibit one without objection I'll note for the record that the respondent is not present I'll find based on the photographs in the case File as well as the testimony of the code enforcement officer that the respondents in violation of 20-50 A1 for uh living in an RV uh or trailer that's on site without the required registration and permit I require responded to comply with that code section honored before September 13th or appear at the September 18th fine assessment Hearing in the event of non-compliance all assess a $250 a day fine for each dat the violation continues thereafter and because I found the respondent in violation I'll award the town's administrative cost in the amount of 23405 payable within 30 days thank you your honor at last case your honor is um 245 00008 1032 High Park violation of 05- 040 AB 175 110 175 170 175 240 we are seeking to find this property in VI and repeat violation of the sections um 175 110 uh 17510 uh 175 170 05040 am B and we have um the previous orders um for case 2020 06122 in January 13 2021 this property was found in violation um of section 175 110 um furthermore on March 13 2021 was assess fines um in the amount of 6,600 and $100 per day um after that also on August 24th 2022 the violation was um 200 was it says 250 day for Section 175 170 175 110 and 1 and 175 240 um and on [Music] December uh find where assess for um section and then there's a correction that needs to be done on this one this one shows section 50-40 A and B but it's a okay so I think there may have been an amended order with this property at some point they might did I miss your certified mail what did you do in the way of certified mail on this U we apologize um the certified mail came back will we set IFI mail out on 60614 let me make sure it was mailed out in June 18 and it was posted in front of the property on June 18 as well uh the mail came back it was returned I have a Aid posting uh for June 18 and can you tell the the magistrate why the property is currently in violation yes so you're going to see on the evidence you honored the pictures of more field being brought into the property I have witnessed in the last two years several times this property has been modified uh the topography uh on the back of the property in several areas um there is an aerial there showing um how the property used to look um maybe just a year ago after the two other occasions where they uh modify the property uh but just recently in the last few months they have been adding more and more um fi to the property and we get constant calls and complaints from all the neighbors um for the number of trucks that um travel on on the small Road and keep bringing F into the property I witness it you can see pictures of trucks coming in and out of the property and um from the row you can see uh that has been elevated in the back of the property this uh property owner has no regards of um the town's um stop work orders and and notices to um correct these violations so there were no permits issued as part of the old code case code cases now you honor and no applications no applications there are several the violations on this property and the owner refuses to um even recognize the town e what is the town seeking today we're seeking to find them and repeat violation and say the maximum allowed to the town which should be the $500 a day starting when I'm sorry starting when uh today is possible the this this property owner as I said they not will not apply for permits we don't expect them to uh comply and this is the third occasion that we find in violation for uh the same activities but where are the new photos um th those are the photos that I have um where we I actually witnessed the the the work being done property since April yes I've driven by the property uh I mean the the dirt has been spread out and and the arena seems to be higher so describe in detail what you saw that back in April I saw the dirt being brought into the property uh the following times that I Dro by the property there was no pile there they were spread out already but you notice the ation is from June 14th yes there was the delay on um creating the um that cas so the June SE the June 14th notice is based on the April photographs yes Ron is the activity still occurring on the property the trucks coming and going uh not in the recent uh weeks uh between April and June 14 there was more activity in promto Su we had we tried to stop the work uh back in April and property honer refused to stop um alleged that the first couple of loads were just for maintenance of his Arena and he kept bringing Mo field and in June we decided to um we finally issue the the noob for the violation I I think you're going to have to Ren notice this one my difficulty is the notice of violation is dated June 14th and it says that the you're hereby notified that the undersigned inspected the undersigned inspector alleges that on May 30th the following violations of the town code occurred but your photographs are from April 29 and it also you gave them 20 days to comply so you haven't set this up as a repeat violation okay I will so I I think the photographs are clear I I don't know that if if this were challenged my concern is that I don't think you've notice them the way that you intended to notice them um so I would I would recommend that you start over on this one we'll do that okay thank you your honor so is it your request to pull that case then from the agenda yes your yes your honor thank you was that the end that is the end I think right anything further all right I will adjourn the hearing at 10:47 thank you thank you all right all right let's see want to show me what your yeah