the town locki Grove special magistrate code enforcement hearing today is June 19th already rizen says it's 9:02 so we can begin my name is AMD Barnard I'll be the special magistrate for this morning's hearing uh it looks like on the agenda there are several violation and fine assessment hearings maybe a few fine reduction hearings at the end uh for violation hearings and fine assessment hearings the process is going to be as follows uh the code enforcement officer will uh present the town's case first for violation and fine assessment hearings he's standing at the podium uh once he completes his testimony calls any witnesses that the town is going to call enters any evidence at the town which is to present to me uh you will then have an opportunity I'll call you to the podium the same Podium where Mr machos was just standing uh you will then present any evidence you have uh cross-examine any witnesses that the town puts on at the end of the discussion I will make a final ruling and you will get an order that reflects that ruling uh typically in the mail that flips when we get to fin production hearings the respondent has the burden of proving why F should be reduced so uh in those cases the respondents will go first uh and I will make a ruling based on what I hear so with that um the first thing I'm going to do before uh the town proceeds with this first case is swear everybody in who's here to testify on any items on today's agenda is there anybody on the computer right now that needs to be sworn in no um Mr jamain supposed to okay chime in just one attorney is all that the town is expecting there he is right now okay I'll I'll morning I don't believe I need to be sworn in but good morning you that's correct you're an attorney so you're okay everybody else who's here in the room if you could stand and raise your right hands for me including Town staff I'll swear you all in at once do you all swear from to tell the truth the whole truth and nothing but the truth I do thank you very much and I'll I'll turn it to the town to call it first case thank you your before we start with the first case I want to do some house keeping on the agenda um on the first page on um say assessment cases JFK Ranch 2331 F roow uh we just uh had confirmation that their FDA has been uh completely fully executed so they're now in compliance so we're gonna P we're going to pull that one okay and the last case on the same section Bri view landscape Services uh 2209 00002 should be under violation here in cases so we're going to move that one to on top of the other bra view case and with that we're going to call the first case 23434 uh 12915 collecting Canal um this one is for FDA uh on the last hearing your honor granter um an extension for compliance to today's hearing uh the attorney is here present uh we uh uh talk um over the phone and she gave me an update on on their permit situation and the engineers that reviewed the permit um denied the uh survey that they were using on the original application so they have to go back and get a new survey and um address the other comment so she can explain on that but um we did post to the property and send certifi mail with your last order what dat did you do that sorry about that a lot of emails added to the case uh 509 um I posted the property 5'9 yeah and I have a return uh letter that was mail out what day did you send the certified mail is the date that's the date I need yeah I'm trying to get this apologize it's okay I have a return here I can't see the DAT that was send out can you hand me with this no well that's that's another one let me let me look at your service if you posted that that should be sufficient I'll take a look when I get the case f yeah the attorney was here um on that hearing so so the you're saying the survey was rejected by the town as as deficient so as of today there is no FDA permit has been issued is that correct that's correct okay okay thank you so what's the town seeking today in terms of Remedy well your owner um I understand that this this was the last extension on on this um uh case uh for compliance uh however um we understand that they change contractor this year um and understand that it is going to take them a little bit time to get uh this service rone and and address the comments but at the same time um this Cas have been dragging for quite a while um when this uh property own brought the property they was already they had already knowledge of the violation um believe the viation was initiated by the previous owner and when they bought the property they were aware of it um so I think the town is willing to compromise and and add another 15 days and then start running FES we have done Sol with some other cases and the proper can always come back and ask for find mitigation so this before I call the respondents just so I understand this piece of paper that's in here it looks like they submitted their submitt to the town on May 3rd is that right and the town issued a letter on June 5th I think that's I corre and this letter doesn't just limit this the issues to the survey are there more issues or is it just a matter of the survey there was all the comments they needed to address as well okay I guess let me hear from respondent then and then Mr matches I may call you back for more questions good morning your honor Susan Taylor for the property owner thank you so um you were correct in your statement um our client um submitted their um comments to the first round of comments that they received uh to the town prior to the last hearing we received then um a comment letter from the town's engineer on June 5th which was sent to U my client's engineer for review um through their review and our my discussion with them we determined that part of that comments um related to the survey needing to include some additional information I'm not sure that it was really deficient but um in terms of you know technically having what needs to be on a survey but um they needed some additional information with regard to um Rackley road which is um the the road on the other side of the property so um we we've reached out to the surveyor I think you probably have correspondents in your file um but I have it here if you don't correspondence between the surveyor um and our engineer discussing what needs to be done um and that's in the works currently um once that's it's going to take the survey or two or 3 weeks to um add the additional information to the existing survey and then for there the engineer is going to need to um answer the additional coments okay any estimate on how long it's going to take the engineer once they have the updated survey that I don't know I mean it's been taking them you know at least a a few weeks to get things turned around I mean typically the town has 30 days I think to to get their comments in I think it would be fair to give them you know at least a couple weeks once they have the survey was this originally excited 425 so we're over over a year ago let's do this let me have Mr M show you the case File let me just look at one more thing you're okay to be there let me just to service so there's actual service and posting let me have Mr M show you the case File it looks like it's the previous case File that you've looked at with the new additional documents on the on the uh top of the case File but that withstanding it's a large file so take as much time as you need to review is I just okay did my correspondents that I recently sent to you did that hit the file I think so it looked like there were some recent emails from you in there so make sure that's what you're yeah e e time and objection to that case Val being entered no I I don't um I do have a couple of pieces of um information I'd like to add if I can sure do you have any documents or just verbal I do I have documents um go ahead and yeah explain them to me and then you can give them to Mr MOS and uh he'll give them to the town attorney um just to annotate the file with regard to our um turning the comments around from your engineer to our engineer um I'd like to submit um that correspond you want me just give it to you piece by piece okay and then um my correspondence to the um surveyor uh explaining to him what needs to be done and before you move on how quickly did you get comments turned around I turned around I think the same day um the the email from the um engineer came in on a late on I think a Wednesday I turned it around that that same evening to our engineer okay um and then I uh sched a call with the engineer we talked about it and I offered to take over trying to get the surveyor on the job so that the next piece of Correspondence is that um correspondence to the surveyor um to try to get him moving um next is a a email chain um from this week between the engineer and the surveyor discussing what exactly needs to to take place and explaining their time frames the two to three weeks that I um explained to you for the surveyor to get the work done okay um and the rest is just um my correspondence to Mr MOS which may be in there but I'm not sure giving him an update okay thank you any objection to the from the town to entry of those documents can the town can I write on these and keep in the file are they Town copies okay so what I'll do is I'll I'll mark your exhibits as composite exhibit R1 and I'll add those to the file so Mr MOS given what you've heard from Miss Taylor what's what's the town's response um I think it's fair J to say that they're not going to be ready 15 days so yeah my my concern is it looks like they're they're making good faith efforts to move forward what I'm concerned about is I'm not hearing that even if I give her 30 days that that's going to be enough time so I'm inclined to give one final continuance and at that next hearing if if there's no permits in hand I'm going to start a fine um I do appreciate the fact that you're trying to turn these things around quickly um Mr M anything else you'd like me to hear but you want can we request that if permit is not um obtained within 30 days a fine start running on day 3 one or do you prefer for them to come back to not no because what I have in the record is is that when they submitted to the town it took 30 days to get comments back so even if they submitt in two or three weeks if it takes if it takes that turnaround time I'm I'm not sure that that's an equitable assessment of fines um does the town attorney have anything else to add no ma'am sorry to put you on the spot that's okay you just I thought you maybe were looking looking at me to say something um no um I think my client has made his request clear and I understand your position as well yeah Mr Matos I I get this one's been bumping along um but I think my goal certainly sitting in this seat is is for them to ultimately obtain compliance and the the testimony I have this morning is that they're making good faith efforts towards compliance so I'm going to give them one final continuance I'm I'm not going to bend at the next hearing so if you come back to me I'm I'm going to give you 60 days I'm going to reset you for the for the August hearing uh if there's no permits in hand at that hearing I'm going to start a fine running um and and then you'll have to come back to me for fine mitigation in the future um but it does look like you're you're making progress and my hope is once you get the survey you can get get this wrapped up um but I I am sensitive to the fact that not only does your team have to do what it's doing then the town has to review it and it back to you so um I appreciate what you said Mr MOS I just don't want to I'm not sure that it's fair to put them in a position where if the town's reviewing that fin start running instantly um they need to come back to me for a fine to start running um because that way that I can see how long it's taken both sides to do what what they're supposed to be doing so anything further from you Mr Matos anything further from you Miss Taylor no all right in case 23434 I'm going to enter the town's evidentiary Case Files composite exhibit one without objection I'm going to enter respondents exhibits there are four uh stapled email chains that I've marked as exist IIT R1 composite exhibit R1 I'm going to enter those into the record as well without objection I'm going to find based on the actual service that Miss Taylor had at the previous hearing which set the hearing uh the continued hearing at for today as well as the affidavit oosting in the case File that the town had good service for this morning's hearing I'm going to find based on the testimony of both Mr Matos uh as well as a documentation in the case File and the testimony of Miss Taylor that the respondents remain in violation of section 05- 0 4ab 175 1110 175 170 and 175 240 uh by virtue of the fact that the required permits have not yet been issued I'm going to Grant additional time for which the respondents need to comply I'm going to establish a new compliance date of let's see you all have August 21st is the hearing date yes okay thank you so I'll establish a new compliance date of August 16th if the respondent doesn't come into compliance by August 16th I'll reset this for fine assessment hearing on August 21st and I'll maintain the previous fine amount of $250 a day I'll Reserve any administrative cost for today's hearing uh and just so Miss Taylor you're I'm sure that you're abundantly clear but this will be the last continuance um I hope that you I don't see you with all due respect on August 21st um it does look like you're making progress so my hope is that's enough time to to have you get through the process um but at at the next hearing should it be necessary I will start that fine running uh on the 17th if there isn't compliance so um with that best of luck in getting the permits issued and uh thank you for your time this morning you know I would like to make a modification to the agenda since M Taylor this um that should the there another case on the violation heing cases list uh she's for 2435 12873 collecting Canal same property owner um this one is a violation for uh zoning uh section 20-17 for the properties being used to store um cargo containers or um commercial uh trailers and what was the first part of that cardboard containers cargo containers oh cargo I'm sorry thank you um we seen a violation notice that was issued um in March but we send it to them April 3 I'm sorry was ining March 29 and it was returned on April 3rd it was posted at the property on May 2nd on the back of the case you can see the aerial showing um a big portion of the is part of the property um used for storage of containers being in contact with M ters about um this violation and uh the property only believe that in 60 days they can all be removed and the town has not objection to find them in violation and give them 60 days to remove all the the trailers from the property okay and so you cited them for Section 20-17 explain to me the the code doesn't allow this use this is not a permitted use it's correct this is a prib use it's a prohibited use are there photographs in this case File somewhere I just the areas your h i I could see some of the trailers from the from the road but they're not probably very visible on the picture and there's a cost recovery sheet are you seeking administrative cost for today's hearing yes we're gonna request that 23405 will be says um let me just get to the aial okay and the things that I'm looking at in the top right corner that's the containers that you're talking about yes yes you're the they're they're yeah okay shipping containers carbo containers okay Miss Taylor this one's you as well Mr Matos let me ask you to show her the case File Mr Matos what's the F amount the event a non-compliance that you're seeking okay e e R I have no objection to the case File but there is some correspondence from the other um property in here that really doesn't belong but it's okay not harmful okay thank you thank you do you have any additional documents that you would like enter in this case I don't have any um additional documentation but I can tell you that um what Mr Meo stated is correct my uh client has been looking to locate um relocate these containers that's taken some time to find um locations um they've been there for approximately six years so a lot of them have flat tires he has to get tires oh so they're actually on they're on axles or like the backs of trucks basically well some of them I guess are on the ground some are some have tires but they're flat so he's had to arrange for special equipment to have some of them removed he's ordering tires and swapping the tires out as he moves them so he doesn't have to buy tires for every single container right that's and so it's just going to take him some time he thinks by uh you know in 30 days he'll have half of them removed and in another 30 days he'll have the other half removed so okay we feel confident that how many are there total there are a total of 22 22 okay okay all right I guess it's it's rather serendipitous that I set your last case for August so seems like this one will track to the same dates um that gives just about 60 days um to the 16th of August that you think that's a reasonable amount of time to get them removed I do okay all right anything else from the town yeah all right with that anything else from you Miss Taylor no okay thank you with that in case 2 430005 I'll enter the towns evidentiary Case Files composite exhibit one without objection I'll find based on the Affidavit of posting that the town had good service for today's hearing I'll find based on the uh aerial photographs in the case File as well as the testimony of the code enforcement officer and the testimony of respondent respondents councel rather that the respondents vi in violation of section 20-17 I'll require respondents to comply with that section within excuse me honor before Let's do an honor before date of August 16th or I'll require Corr respondent to appear at the August 21st fine assessment Hearing in the event of non-compliance I'll assess a fine of $250 a day for each day that the violation continues after the August 16th compliance date and because I have found a respondent in violation the town's entitled to its administrative costs so I'll award administrative cost for today's Hearing in the amount of $234 5 payable within 30 days thank you Ron thank you ma'am thank you Jor I just uh realized was told that the N case actually also for U Miss Taylor is um 23432 Jack Lan 2056 F Ro this uh property has been in violation for um um this is a finest back to the fin assessment hearings yeah so special magistrate before we put everything on the record I just want to let you know that I did speak with Taylor and this we are requesting uh jointly that this matter be reset to the 821 hearing date to check with her other cases that were before you okay um but I'll let Mr Matos put everything on the record as far as service just want to Esta service your honor yes thank you uh May 20 31st um 24 we u mail a new notice of hearing notice of violation um to bring this case back into to uh a rotation and we also posted other the property on May 31st uh also being in communication uh our attorney has been in communication with Miss Taylor U about this um they've been working with the town trying to get to an agreement um so the town has not objection to what the attorneys had agreed to move this to uh August 21st and to be clear there's a pending application so that I just wanted clarify that um so I guess let me ask this is a fine assessment hearing so are you looking to establish a new compliance State then um I think I think I think you need to because if you don't I'm not going to assess a find that's retroactive if you've agreed to continue the matter for two more months I'm not going to I'm not ined set fines I think that's in line with your prior rulings and and I have no objection to that um I think if we set it for that 816 date that that should okay be fine from the town's perspective and this is a use violation so correct what's the form of the application that's in so the the application is uh is actually an application for um recognition as a vest right okay that's thing okay it's a little bit unusual it's not not a typical application not a typical permit that gets processed all right so the for the purposes so I think Mr Matos um before I hear from Miss Taylor I need to call you back if I'm going to set a new uh compliance dat I need verbal testimony as to the status of compliance from you just to make sure that the record is clear since I'm going to set a compliance date so the previous order let me get a copy of that e all right so it looks like this case was last before me on February 5th and the compliance date was seted April 15th and then it looks like the town set a new notice of hearing is that am I understanding that correctly yes Jon okay and the property remains in violation of the section listed 20- 17017 yes you H they still operating on unpermitted use uh unless this U application is approved then there will be in compliance but they still operating on Perm use as right now okay thank you okay Miss Taylor Mr MOS because I do have to enter the case File I'm going to ask you to show it to Miss Taylor thank you think your time there's a bunch in there yeah thank you e e e I have no objection no objection to that being entered no all right and are you in agreement with uh what the town stated that you've agreed to uh new compliance date and 60 setting the hearing 60 days out is that correct okay we agree and you think you can get into compliance honor before that August 16th date I'm hopeful we're um going back and forth we submitted our application for fessed rights determination we received um some comments from the town we've responded to those and um we just recently received a few more um questions that they would like us to follow up and answer so I'm hopeful we can get that done fairly quickly and okay okay anything further from you Miss Taylor no okay thank you anything further from the town no ma'am thank you all right with that in case 2304 0032 I'll enter the town's evidentiary Case Files composite exhibit 1 without objection I'll find based on the Affidavit of posting uh that the town had good service for today's hearing I'll find based on the testimony as well as the evidence in the case filed that the respondents remain in violation of section 20-17 and I'll Grant the mutually agreed uh continuance I'll establish a new compliance date of August 16 and if uh compliance is not achieved by that date I'll reset this for fine assessment hearing on August 24th I'll maintain the $250 day fine that was in the previous order and I'll Reserve any administrative cost for today's Hearing in the event that there is a fine assessment Hearing in the future best of luck special magistrate I I might have misheard did you say the 24th or the 21st I just I meant the 21st I'm sorry if I said if I misspoke I meant August 24th will be excuse me the 21st will be the finest assment hearing date thank you thank you for the correction thank you your honor um the next case is 23016 this case is also attached to um case 2301 00003 they both under the same stipulation agreement this was a schedule for uh May 15 for both sides to come back to you with some sort of agreement or explanations on what they were looking for we had to cancel that hearing um due to um schedle conflict and therefore we notify both paries that we were going to uh retake it today uh this hearing the attorney for um the tenant atan Holdings property on 161 169 Southern Boulevard is on online and the manager for the tenant is also here we hand deliver um both cases uh notices um as well as we emailed the attorney um case 06 was um hand delivered last week hold on before you start you're talking about both cases I only see the one on the agenda is that right or is that wrong uh so the the stipulation agreement invol both cases uh we have this one on the agenda because it's the one that we U Been referring to mostly but the the separation agreement actually involved two cases which is um this 22 2301 00006 as well as 231 00003 one is for um the soning violation and the other one is for the tree removal they are both attached to that superation agreement okay so the they both should be printing on the agenda unfortunately only one is that is the question so yes ma'am so you need the other case yeah we would like to add that to the agenda read me off that case number if you would 2301 is it 003 that's correct okay and so special magistrate I I believe Mr German is on is online at this time um since the last hearing um we have been in communication and I believe the respondent is working on addressing some of the concerns that were related to stipulation so I I'm asking that you continue to reserve ruling as you did at the last hearing and it is quite possible that we would be back with an agreed order um at the next setting so I'm I'm requesting that you continue to reserve ruling on the hearing that we had um and that you allow us to reset this matter to the July 17th special magistrate hearing let uh um may I be heard uh yes sir hold on just one second for me Mr machos can I see that case File please yes sure Mr German I'll get to you in just one second okay I just need to refresh my memory Mr German from May this in here hold on just second y since the since we entered thetion agreement um both cases were add together into one file um that's why you see uh communication for both cases on that file was wasn't this the hearing that I asked you both to provide me with memos that's what that's what I'm trying to recall that's that's part of my request so I'm asking that you reserve rulings so that I think that issue would become moot um and so we're requesting an additional additional time to address that issue so on the 17th I'm asking that either we would have an agreed order that you would sign that would moot that issue or we would brief the issue and request that you render a ruling at that time okay all right Mr German could could you hear what the town attorney was saying is it coming through clearly to you yeah I could hear okay is are you in agreement with that um yes conceptually just just to update uh the court in this regard so my client has done a lot of work as far as permitting issues since the last hearing we had in front of uh special man on this issue um the Town Council and myself have spoken about uh the Landscaping issues which my client continues to work on they have a third party consultant helping them with that guard with that um aspect of the project and so yes I mean I think that we are in agreement we're still working on things in good faith trying to get this resolved as as best as possible okay if we were to get to if if we were to continue to hear until July 17th what time would that hear and take place it's the standard 9:00 am correct 9 a. okay I certainly don't mind resetting it I guess the question for the town attorney [Music] is so the previous order from May's hearing required you to submit to me a three-page memo so that that'll remain intact Mr German um do you understand that the same memo will be required prior to the July hearing are you in agreement with that yeah and I'm hoping uh the town counil myself can work on getting something together okay and magistrate it was certainly not Our intention to disregard your order it's just that we wanted to not waste time and resources addressing an issue um and also not to waste your time addressing an issue that's no appreciate that and I I certainly uh you know my preference would be that you come to an agreement um that that's always better for I think both parties rather than have me be the one to dictate um what happens especially in a case that is uh as complex as this one um I guess the question for you madam Town attorney is my previous order didn't establish a compliance date it just required the memo to be submitted um I'm inclined to do the same thing and we'll deal with if if we get to July 17th and there's not an agreed order um we'll deal with the issue of compliance uh if in fact there is a violation found at that hearing um are you in agreement with that I'm I'm in agreement with that given the procedural history of this case okay thank you Mr German are you also in agreement with that yes okay very good and Mr German you're available on that July 17th date I can make myself available yes okay very good uh I guess Mr German given your virtual appearance was the case File provided to you in advance of the hearing uh it was not okay are you willing to stipulate this morning as to adequate service for today's hearing yes and and just so uh the court is aware on this point I've also notified the land owner of this hearing and spoken to them that okay all right so I have my order will uh indicate that you stipulated to service and that you wave any uh rights to arguing that you didn't have due process for this morning's here and given your virtual appearance yes anything else you'd like me to hear Mr German nothing from from me thank you for allowing me to appear remotely all right anything further from you miss early no ma'am thank you all right with that in cases and I guess I'll do a the previous order was a combined order do the parties agree that a combined order is sufficient again given what the nature of the order is going to be yes no objection okay thank you so with that in cases 2301 00003 and 2301 00006 I'm going to uh find based on the Affidavit of service that the town had good service for this morning's hearing I'm also going to have the order reflect that Mr German has stipulated to Service uh and has waved any uh due process violation issues given his virtual appearance this morning and his inability to review the affidavit which is in the case File I'm going to find that the uh respondent remains in violation of the sections listed which are 20-17 for case 23013 and 87- z30 for case 23016 I'm going to issue an order continuing the hearing that requires the parties to submit to me uh the same brief SL memorandum of law with a three-page maximum addressing the issue of my authority as it relates to termin termination or dissolution of the stipulation agreement that's dated April 3rd that's the same language that's in the previous order will be in this order I'm going to ask that you provide that to me by July 2nd that's the Friday before the hearing uh to my email address with copy to both uh sides both of your your councils on that email to me um I'll review that obviously in advance and I'll I'll set this hearing for the July 17th date at 9:00 am your honor was it your intention to have it the Friday before the July 17th hearing to have the I believe that would put us to July 12th for that's right the memo to me by July 12th that's correct and then uhe I heard the second I'm so sorry I'm sorry if I maybe not enough copy this morning um but I it should be that's correct July 12th and then hopefully you'll come to an agreement if not uh we'll we'll I'll I'll hear rehear this matter on July 17th thank you ma'am thank you thank you so much thank you Mr German have a great day thank you your honor and I missed one case for Miss Taylor and our next case is 23530 2276 D ALC um you know this case was um P lot of circulation uh allowing time to the property owner uh to come in compliance with the FDA permid um by the previous um officer Mr armenti uh in March uh there was communication uh from the attorney with um the comments um for the case on May 21 we mailed out a new no um inviting the property owner and attorney to come in front of the magistrate for an update on the on the permit on that same day the property owner and the engineer met with our consultant and our [Music] um FDA manager the Public Work Director and discussed their permit situation at that meeting it was determined that the documentation they were trying to use from previous um permit to issue the the the new permit was not going to be accepted so it was determined that they were going to need more time therefore we're here today in front of you to um assign a new date of compliance for 60 days from now for um August um 16 that we leave and they not in compliance come in front of you for the 21st okay let me see that case File if I could please return card which just not common to happen but would have a return card from 523 a sign Green Card those are very rare these days okay thank you just give me one second to look through the file Miss Taylor [Music] what e so this is is this a fine assessment here's a violation yeah this is okay all right so this one this one goes pretty back Mr Matos let me have you show Miss Taylor the case [Music] File thank you e e e I have no objection all right thank you with that in case 23053 I'll enter the towns evidentiary Case Files composite exhibit one without objection and Mr MTO for the record uh the respondent remains in violation of all the code sections listed is that correct that's correct okay Miss Taylor does the 60 days you're you're comfortable with that you think you'll get get the required perit issued by then yes in fact I believe they anticipate submitting today so um with the town having 30 days and and you should be able to respond quickly after that okay perfect anything else you'd like me to hear no I think that's it straightforward one okay anything else from the town okay in case 2305 0030 I've entered the evidentiary case File I'll find that the town had good service for today's hearing uh via the appid posting as well as the sign certified mailing I'll find based on the uh testimony of the Town staff as well as the respondent and the documents in the case File that the respondent remains in violation of section 05- z40 a through b 175 d110 175 d170 and 175-20 I'll Grant the mutually agreed continuance establishing a new compliance date of August 16th or in the event of non-compliance appearance at the August 21st fine assessment hearing I'll maintain the prior fine amount which I think is 250 but let me just check yes so maintain the previous fine amount of $250 per day in the event of non-compliance and I'll Reserve any administrative cost for today's hearing um and I'll deal with those at the August hearing should that be necessary okay thank you very much thank you honor you the next case is 23900 02 by landscape Services 13710 Kobi Boulevard this case was originally initiated by um officer amenti and um at the time the property was cited for uh TR removal FDA and S planine uh condition violation so um I visited the property in April uh for the second time to meet with Jose and and the architect they are working on a new side um site plan Amendment uh to address all the issues uh together um that side plan Amendment will address the the violations the numerous violations to the conditions um of the side plan and also the Tre removal the Landscaping to uh mitigate that truth removal in the FDA uh during my visits to to the property this year there were doing um extra work um they graded the whole property they um change the the layout and added material to the property so I issue a new FDA violation um not fully aware of the um that it was already included on the previous um violation but because this the work has um increased since the orinary violation I want to keep the the second case that we're going to see after this one open and remove the original violation for FDA from the this case so I want to pursue the the other two violations which are the the Tre removal and the side plan uh violation condition which is 87030 and 1824 correct for this case so you're removing the remaining code sections for this case yes okay so I guess explain to me the violations then when you first observe them or prior code officer what what they are I I actually um witnessed when they were cutting the trees um uh in the front of the property so they remove all the trees on the front of the property uh along the the fence and the they except for two trees that that were invasive and then we asked to also remove those but they remove most of the trees in front of the property without any permits okay um at this time um I'm not sure that they have um applied for the tree removal mitigation because it's going to be all part of one uh big package it's going to part of the site plan and what's the requirement for the cite plan modification well there there's several violations on on conditions they they were not doing their um the inspections they they don't have the buffer that they needed to have around the property so they have to come up with a new complete new s plan Amendment so we all that can be addressed at the same time and approved by the town what what is code section 1824 what what what does that required what's the violation that you're alleging it refers to specific conditions on their approval um we have on the case we have their um uh resolution from 2013 that explained all the conditions that they had to comply with and this violation is just establishing that those conditions were not met and therefore they're in violation of of um that conditional s plan I'm sorry to interrupt you does so it looks like the code section is 1824 is tree mitigation so that has do with trees then or with site I'm sorry you you mentioned the 87 oh 87030 is the site plan section then give me one second you TR I can look at what I'm just trying to understand what the site but you're I understand what you're saying it's conditions of the original site plan approval that are in allegedly in violation all right okay and when I see the case File make more sense um did I hear your uh how did you get uh service for today's hearing uh we hand the LI to Jessica baller um manager at the the office I think the district manager Office Miss I'm sorry okay um we have been in contact with uh Jose that is here present he's U the branch manager okay let me go ahead and see your case File if I can if I might be more specific your honor um the list of violations are the list of changes that they have made on the property require a s plan Amendment and that dou will combine both the FDA and the Tre removal as well they're going to have to come in comp with the conditions that might change with the side plan Amendment all right I'm not sure I'm following that yet but U let me look at this first e h yeah I'm G to have to see the file so what I'm trying to establish your honor is that the main violations are the TR removal and the FDA there therefore trigger the only way to resolve those violations is doing a s plan Amendment but I'm not sure that you cited them for that no that's correct that's correct you're correct okay so all that we're gonna find them violation for the TRU removal in this case we're going to find a violation on the FDA in the second case but none of the violations are going to require them to do a site plan modification because that's the code section I'm not seeing at least in this case I'll see next we're not sting that violation but the only way they can resolve these two issues is do an aite plan Amendment they cannot obtain a permit for the trth removal without first having modified their site plan is what okay okay so the photos are in here are show a bunch of cleared area is that did that used to be trees are there photos of the area where the trees were cut if it's show the ones that showed the front of the property with the fence yes that's where the trees were you see pictures um with Andrew standing in front next to uh T Stomps okay I haven't gotten there so hold on oh the most recent pictures are from me um showing the property after all the changes e e there's a report from an arborist in here from ecotone Services is that the town's arborist my confusion I know the is by the name not by the company Jerry yeah Jerry renck yes thank you and I get I I see the the the parallel is that that's a required landscape buffer so that's discipline mod requirement right when when they did the changes to the layout of the property uh they trigger even more issues with the S plan Amendment they change locations for operations and all that so so based on how it's cited special magistrate I I think what we need to focus on is the sub sections that were cited correct to the extent that the remedy includes a site plan modification that's a separate issue and the impact there would be time to comply correct what's this town seeking in terms of Remedy violation and have a status um f assessment in 60 days um to see what they are with the um application for S planine Amendment and in the event of non-compliance what fine amount are you seeking 250 day and as of today are there any permit applications in for tree removal I don't believe they have submitted yet but yeah yes please and give me your names for the record please Shannon Le planner for Bright View I'm the branch manager for Bri um Shannon give me your last name please Lee le le and you're the planner yes on your name sir I'm sorry Jose z z p d and you're the owner is okay thank you okay go ahead so as of April um when Jose notified me about the violations we have um gone through a lot of work we've met with um Jim fman we've met with a lot of City staff to try to figure out how to mitigate this um and just so you're aware this was a previous branch manager employee that's no longer with the company that did some things that we're trying to now mitigate okay um so there's been a lot happening um we have a new survey um toppo and tree survey that was done I've reached out to Jerry renick um about the mitigation um we think a a lot of the trees that were in the right of way were invasive so we're working on a mitigation plan to get that back in we have a site plan we have the FDA ready to go in probably today so let's keep keep this case limited to just the tree issue we'll get to the FDA it sounds like on the next case so I guess where I'm confused with a new site plan having to do with the trees we're just putting trees back in those buffers that are already on the site plan although we are submitting a site plan because we have other changes but I'm not sure that the tree issue so I'm not going to have anything my ruling today will have nothing to do with the site plan because you are not cited at least in the documents I'm looking for this is strictly related to the tree removal without a permit so if there's a site plan that you need to deal with the town on my order won't have any language about a site plan it'll just be about tree removal and tree mitigation uh given the sections that were cited in your notice so okay you'll have to I'm not saying totally disregard that but I am saying work with the town if there is a requirement I'm not going to order that today as it relates to site plan modification because that's not um how this was set up um but do keep in communication with the town and make sure you understand what they're going to require because if what I heard from Mr MOS is correct if there is an impact it'll they won't issue your your tree removal permit unless the plan is modified so you want to start that discussion sooner rather than later um because you don't want to have your permits held up because of that issue and we have I think something we wanted to clarify was can we start planting those trees now the buffer is already shown um so I'll ask the town to respond to that I I think that might be a little bit outside the scope of today's hearing but I would encourage you to speak with Mr f since he does handle the vegetative removal permits and he can also walk you through um any um effects that the tree removal issue might have on your site plan Amendment and the connection between the two okay let me ask um Mr Matos to show you this case File this is the file that the town is intending to enter into the record there's quite a bit in there so take your time in reviewing it uh and at the end of that I'm going to ask you like you've heard all the your your predecessors here I'm going to ask you if you have any OB to the documents at the end of that no we have no objection no objection to those documents being entered okay with that in case 2309 00002 I'll enter the towns evidentiary Case Files composite exhibit one without objection so you heard what the town is asking me they're asking me to uh establish a compliance date uh I think it's clear from the photos that there is a violation um they're asking me to set a compliance date of August 16th have you come back at the August 21st uh what what we call a status fine assessment hearing that means uh there's an opportunity at that hearing if you demonstrate that you're making good faith efforts like you heard me tell um Miss Taylor on the first case what I'm interested in seeing again code enforcement is not intended to be punitive it's intended to ensure that you're traveling toward compliance and the goal is as fast as you can get there um but especially in cases like this there is a mitigation component so there's a back and forth that happens with the town um what I'd be interested in seeing at that August 21st hearing is what's happened between today and that hearing what you've done on your part to try to get complied by that August 16th date so if you come to me on August 21st and you tell me that you submitted an email to the town on August 15th that's not going to go very well in terms of me giving you more time but if you come and you tell me that every along the way every week week or every two weeks you've communicated and you've there's been the back and forth that they're supposed to be I'm certainly going to be willing to give you more time um if it's just a matter of things couldn't get done by the required date but you have have done everything you could to try to get complied I'm certainly willing to give you more time at that hearing um because again the goal for my chair is for you to get into compliance um what was what was the reason for taking out the trees just didn't understand that you needed a permit we don't know we don't know okay a rogue a rogue person is not here anymore we we couldn't figured out why he did it okay actually we we don't want visibility from the road to us so he did the opposite of so he did the opposite of what you actually want okay okay and I would encourage it sounds like you you're in communication but I would encourage I don't know where you are in the application you know drafting process but get that you can get that started as well so that you at least have we've been in communication with um with Gem fman and trying to figure out exactly the applications that we needed and the justifications and um I spoke him already again yesterday I speed dial now but um we've been in communication okay yes all right anything else you'd like me to hear okay I think this sounds reasonable again I'll I'm happy to give you more time at the August hearing you know sometimes these take a little bit longer um these free removal cases just because there is that that mitigation component but 60 days is a good amount of time so I'm hopeful that you you should be very close by that August date if you're not quite there again I'll I'll give you uh a bit more time if if you've been diligent uh between today and that date um anything further from the town yeah ma' thank you all right with that in case 23092 I've entered the town's uh case File I'll find based on the Affidavit of posting that the town had good service for today's hearing I'll find based on the photographs in the case File and the testimony of the code enforcement officer uh as well as respondents at the respond in violation of sections 87030 and 18-24 for the tree removal uh without permit and uh the lack of mitigation for uh the trees that were removed our require respondents to comply with those code sections honored before August 16th or appear at the status fine assessment hearing on August 21st in the event of uh non-compliance I'll set a fine amount of $250 per day because I have found you in violation today the town's entitled to its administrative cost for today's hearing just paying uh the time to get you through hearing the certified mailings and all of that uh the attorney's time my time so I there is a cost recovery sheet in there for 23405 that's payable within 30 days that'll be reflected in the order um My Hope Is that I with all due respect don't see you again hopefully in the 60 days you can get the permits issued and and uh be on your way okay best of luck thank you than you too thank you your honor the next case is the FDA case uh for the same property 2455 um we certify mail on May 31st and posted of the property on the same day well actually we didn't post we U hand deliver um made the refers to Jessica baller um this one is J for all the elevation uh changes on the property um they pretty much um graded the whole property add a abundant material eliminated a um vegetation [Music] debris area um in converter into a parking lot um you'll see the pictures here so they're trying to clean up the property but in the process they they triggeration and so that there are no permit applications in and no permits issued for FDA correct okay and what's the town seeking in terms of Remedy today to F violation and give them the same 60 days so uh obtain an FDA approval what's the F amount that you're seeking $250 a day is there an appliation in I don't believe so no that was what I was speaking of earlier we just needed the consent forms sign which we're signed this morning so we'll get those in today just so the record is clear state your name again thank you and you're the planner correct yes thank you Mr matus I just want to make sure I think you said that you testified that you hand delivered but this is an Affidavit of posting was it posted or hand delivered okay is a note from the okay okay so you you have an engineer already on board we do okay you have all the Consultants that you need already on the work and retain yes okay no the work is the work is done um and they've had communication so the parking lot's all the way done the whole thing is already I I meant the the plans are done the drawings the drawings are done yes yes okay so your position is that the the timeline requested by the town is reasonable for you to get those permits issued I think 60 days okay I would get your application in as quickly as you can because that there is typically a back and forth on that on those types of permits um so what I'll do on this case too is I'm going to set this for status as well um at the 821 hearing because that's a it's a little tight 60 days is a good amount of time but I think historically it's it's uh you know all applications it depends on the quality of the application submitted so assuming it's all complete and they have all the documents there's a better chance of hitting that 60 days but um there has historically been a little bit of back and forth so just just in case but the same thing I said to you in the prior hearing applies here don't come to me on the 21st and tell me that you sent the application in on the 15th or I'm not going to be inclined to give you more time but um if you work from today forward I certainly will give you more time um if you're if you're pretty close and you've been diligent all right uh Mr Matos can you show her this case File same thing on that one take a look at those documents let me know if you have any objection thank you any objection to those documents being entered okay with that in case 2 45005 I'll enter the town's evidentiary Case Files composite exhibit one without objection uh Mr Matos who is Jessica Baylor she make sure she is the offic okay typically she's the one in the office everyone is out out working yeah okay okay anything further missley no okay anything further from you sir in the in the back you're good okay just since you're here I wanted to make sure all right anything further from the town I okay all right in case 2455 I've entered the case File I'll find based on the um affidavit and the testimony about hand delivery that the town had good service for today's hearing I'll find based on the uh photographs in the case File as well as the testimony of the code enforcement officer and the respondent that the respondent's in violation of section 05- z40 a through b 175 1110 175 170 and 175 240 for the uh Earth moving work uh and the addition of what appears to be fil material uh without the required permits a requireed respon to comply with those code sections honored before August 16th or appear at the status fine assessment hearing on August 21 in the event of non-compliance is a $250 fine what you're seeking yes your honor okay I'll uh assess a $250 a day fine uh for each day that the violation continues and again because I have found you in violation of those sections the town's entitled to its administrative cost for today's hearing which are in the amount of 23405 payable Within 30 days best of luck in getting those permits okay thank you thank you next case is 2427 property 3571 C Road lahache grad um this case was reissu on February 20th 2024 the original case was from 2022 August 25th 2022 uh old case number was 2283 this new noov was s C5 mail on February and we have actually have a return card from February 22nd you s it um my my tops are little messed up here I don't have the receipt here but I'm assuming it was 20 uh 220 because it was it was signed on 222nd uh I also posted the property okay what day post on May 31st I'm sorry but what I posted on May 31st was the rescheduling of um that hearing that hearing was actually set for May 15 the orinal noov was for May 15 okay so you didn't send a new notice of violation you sent a new scheduling at rescheduling notice of hearing uh that was posted on May 31st okay we also have a sign uh green card from May 28 of that rescheduling and what what's the alleged violation the property in 2022 uh brought in field into the onto the land and place it on the uh West part of the property West back part of the property close to the neighbor um property uh neighbor complained that that changed was also you know their water was draining into his property they also added um fi to part of the pawn so the field in part of the pawn uh reducing the size of the pawn and they didn't have an FDA the Aerials will show from 2022 2023 and 2024 the changes um on that area and how they reduce the size of the pawn they we have been in contact with the property owners they have contracted an engineer uh we cancel the previous hearing on May and for this hearing they requested that we reschedule um they said they had a loss in the family and they had to go out of town um because it has been a case that had been dragging for so long uh we did not Grant a continuance right away we wanted to bring the case forward uh but introduce the the request from them uh the town is seeking to find them in violation and allow them time to obtain the permit okay so how much time are you asking to give them well according with the emails they should be close to submit um we want to do the standard for uh these cases even though this is a all case 60 days will be um fair for them to try to obtain the permit what happened since 2022 why didn't you bring It Forward respondence I wasn't code 2022 um the the code officer at the time work for a third party company that um the town had for code enforcement in many cases were not pursued properly that's why we reissue a new case but the town core enforcement has been working with this property owner since 2023 so they requested it looks like there's emails in here that they requested postponement of the May 15th hearing as well that's correct yes e e e e e e e e so your notice of violation says obtained Land Development permit remove burm from neighboring property where's the burm on the neighboring property I on defense on the um is it on their site well the naval it claims that it is on his on his property um I mean the FDA will will Rectify that if um if in fact it's it's out of place and and the BM um causes an issue for the adjacent property do you have any photographs of the BM not yor but this was initiated as a complaint yes okay and in the Aerials I'm looking at I I see on the North I guess that' be the north so The Back Fence is on the west of the property west side of the property the pawn is on the westwest pawns on the so should go like this the pawns on the West Side nor West part of the property yes so the Earth moving material that you are indicating is on kind of the corner of the pond there it pretty much covers the whole west side of the property but affects the West End of the um Bond as well what are the lines on the East they're kind of vertical green lines what is that it just shows um that's not doesn't have anything to do with this you're just talking about these piles to the one side of the pond right that is part Nursery um property so those are just plants so that's not the area impacted it's just on the side of the pond there yeah have you been on the property not inside the property I've been on the neighbor's property in front of the property but they have enironment from inspection but that schedule have not worked out for us when I'm available they're not and they are I'm not I in the area that they um elevated from the neighbor's property and there's no permits on file with the town even from 22 this most recent zoom zoomed in property appraiser print out is that from 2024 yes because the piles are no longer there correct there's no piles look can you come look at these photos that's what I'm trying to understand so so this one is from 2022 right is this what you're talking about these well it's already um gred there there's not actual piles the added the material and gred and push it up um into the P um if you can see 2021 be working on 2020 the P was bigger and they added material to this and this area here this is the area comt made his complain near the whole back area and added material to the B and he didn't provide you any pictures of this so to mic so this complaint is start in 2022 I looked at the proper in 2023 uh then Andrew took over uh the case and he didn't provide any pictures but I saw it and I should have had pictures from that visit to his property but that was in 2023 I don't have those pictures any but you were physically on his property I was physically on his property I I need so what what's the testimony that what's what did you see when you visited the property I saw that there was material that that showed higher elevation on that on that property that it was uh fairly recent and it was against his fence and then the are show confirmed that there was change on that back part of the property significant amount of um he movement uh shows there and also that I I measure the distance between the fence and the the pawn in 2020 and it was the pawn was closer to the fans than it was in 2022 okay that's exactly what I needed and I would recommend in the future if you have complaint driven cases it's very difficult to rely strictly on aerial photographs because I don't know if that's how it exists today just because it's on property appraiser in 2024 doesn't mean that that's how it exists in this moment as we sit here so um but if you were physically there I'm I'm that that's exactly the testimony I needed to here so that's that's perfect because it looks a little bit different on these Aerials but it's it's hard and there's certainly some some piles in the 2022 photo but that that testimony is helpful is a respondent present for this case they couldn't make okay okay oh that's right I'm sorry they had the family thing that's right I'm sorry given the fact that they also requested a continuance on the prior hearing um I'm comfortable proceeding um to you know two months in a row of the same requests um is is difficult to get it give an additional continuance um so you're asking for 60 days on this one as well yes your what find amount 250 is there a cross in anything further Noor all right for the record the respondent is not present in case 242 00007 I'll enter the towns evidentiary case composite exhibit one without objection I'll find based on the sign certified mail as well as the uh Affidavit of posting that the town had good service for today's hearing I'll find based on the photographs in the case File and the testimony of the code enforcement officer that the respondents in violation of section 05- 040 a through b 17510 175 170 and 175 240 I'll require respondents to comply with those sections uh by obtaining the required permits honor before August 16th or appear at the August 21st fine assessment hearing or fine of $250 a day will be assessed for each day thereafter because of the violation found I'll award the town's administrative costs in the amount of 23405 for today's hearing payable within 30 days thank you honor our next case is 242 00008 richer reveal 14596 nor Road uh this Cas is for FDA as well um I noticed while driving on North Road I noticed that the property had several piles of uh Fuel and we went ahead and issue a stop work order uh that was posted at the property on February 29 the property owner approached me uh while I was posting that and explained to him that he could not um change the Topography of the property without an FDA and that he would need a um an FD approval um to do so and I asked him not to um spread the material and do any further work which he um uh complied with he he the pile still there until um I think the last check was uh last week [Music] um we issued the noov and send the city F in May 6 so over two months later um because we had not received the permit um the green card was returned signed on m 8 and we also post to the property on May 6 the proper hon here thank you and are there any permit applications on file not that I'm aware of Y um sometimes the applications don't make it to the system um right away but as far as I know there's no application yet and no permits have been issued right what are you seeking in terms of Remedy a fundament violation um given 60 days to obtain the payit um or $250 uh $250 a day until permit obtain until what I'm sorry until the permit's obtained oh permit and are you seeking recovery of your administrative cost 23405 e and what was the date that you said you were most recently there was it is it this photo it's not May six is it you were more recently there you said within a week or something yeah iove by recently in and the piles were still still there yeah okay who's present for this one come to the podium for me sir morning morning your name for the record Sir Richard rille and what's your relation to the property property owner skip sorry about that sir all right so that is you right there I'm going to ask Mr Matos to show you these documents uh take a look at them I'm going to ask you if you have any objection at the end okay yes m'am not sure what the first one is that's just I post in front of the okay thank you the um notice of service the certification certified mail receipt um I never signed that so I'm would it be okay to take a picture of this to go to the postmaster because evidently the postmaster or delivery person must have signed it for me because I never got this notification although I did get the one that was posted on yeah you can certainly take a picture of it I'm sure the town would would give you a copy of it as well but if you if you want to take a picture you certainly can look okay so I agree you know that I have the fill on the property well let hold on let we'll get there any objection to just the documents themselves being entered into the record um not as they stand okay thank you now you can go ahead sir um I've taken pictures myself today to show that the piles have not been affected since the date of the stop work order okay um I also did a little um background check of my own in reference to the property and I'm not 100% certain some of the abbreviations that have been used um you say F something FTA or application okay so I went on my Geon naavs website which basically shows what the the flood plan would be for my neighborhood and where I have the fill placed or sitting um is nowhere in any of that flood plane area so inherently I'm I'm kind of wondering what I'm being cited for considering the documentation that was posted at my gate said that I need a permit for the FTA but none of this dirt falls into the FTA flood plane area based on the NAT geonav site so let me let me stop you there and let me have the code enforcement officer explain um just so the record is clear the goo naav site that's a bom County website right that you were looking at right right I don't even know if that's well I don't know if it's Palm Beach C's honestly it's it's just a site available to whoever to go in and look and see what the flood plane area would be and if you don't want to look at that so you were you weren't actually on you were on the FEMA website is that what you were on yeah possibly but I've you know I've got documentation from Palm Beach County the property appraisers website but they don't really have the aerial you know topography showing where that flood plane area actually is right let let me ask the code enforcement officer to explain to you what their town code requires your the town requires that if a portion of the property is um on the FL flood area and FDA is required to change the Tooty of the property and this proper has a good percentage of the property on the flood area as Mark on the evidence that the property owner is providing so the fact that the PS might be located right now on the H of a flood area or just outside the flood area uh doesn't really matter because mean the intent was to use that material anywhere somewhere in the property and because there portions of the property that are in the floor area there therefore he needs an FDA to to do so okay so sir does that make sense to you well I mean go ahead and stand up and get on the on the microphone yes based on the based on the posting that I receiv received and I'm not 100% certain or know how to um even well I think what he's telling you is that it doesn't it it whether or not the the piles were put in the area that's depicted as within the flood plane is irrelevant their code requires if you're going to change the Topography of the land you have to get a permit to do that so regardless of where it is on my property whether it be inside of horse stalls around my barn that's not part of this flood plane area I mean it clearly says on here you know there's a lot of things that do not requ ire a permit and I'm just not understanding just because I have fill on my property that that automatically places me in violation so the the beginning of your notice of violation it sites you for Section 05- z40 ab and it says it shall be unlawful to use erect move or otherwise alter a building structure or part thereof or to use Clear fill excavate move pave grade or otherwise alter land or water unless they permit consistent with all applicable provisions of the ulc have been first obtained for such work so that section of the code is is doesn't have anything to do and I'll ask the attorney Town attorney to confirm this but that section of the code has nothing to do with whether you're on a flood plane is that correct Town attorney I'm pulling up the language but based on what you read I believe that is accurate so there's two SE they've cited you for for several code sections but that 054a as I read it um doesn't matter whether you're in a flood plane or not if you're if you're doing Earth moving work and you're changing where dirt is or you're adding fill or you're removing fill you need a permit to do that the other sections of the code that they've cited you for are the 175 sections those do have to do with the flood plane but what the code officer has just testified to is that if any portion of your property is located within the flood plane you have to get a flood plane development application permit from the town so it doesn't matter whether the fill that you brought in is in the area that's on this map that you're asking me to enter into the record that shows the flood plane area or somewhere else on your property um because a portion of your property is within the flood zone you have to get a flood plane development application from the town or remove the fill correct that is an alternative okay in that case because haven't spread dir they could remove he could remove the piles how many piles is it seven okay what were you going to build something or no it was going around my barn my barn is completely U degraded from the horses going in and out I have grandchildren that ride four-wheelers and go-karts around the barn um just I mean the entire area around my barn is just I've lost like four inches of fill so you're just adding plus you know from runoff and the rain and everything sure okay but yeah certainly certainly one path to compliance if you don't want to go through the permitting process is just to remove the piles um ultimately that's your choice I won't compel you to do one way or the other uh I'll just give you a date to comply by okay is there any way we I mean do these fines start today no I'm going to give you time to comply no so there there will be no fine today um I'll give you you know the code officer gave you some time in notice of violation but I'm certainly going to give you some more time today um to to to get into compliance um anything you else you'd like me to hear sir no ma'am okay and you want this photo entered into the record yes please okay so with that I'll I'll enter the town's evidentiary Case Files composite exhibit one without objection and I'll enter a respondents aerial photograph showing the flood plane area as exhibit R1 without no objection from the town on entering this document no objection all right R1 without objection as well the town is asking me to give you until August 16th to comply uh that seems like plenty of time uh what's what's your response um I'm going through chemo right now but I'm I'm sure I can figure out a way to get it done all right what I'll do sir is I'll like you've heard the the prior people here um the fine assessment hearing date that I'm going to give you I'll set that as a status fine assessment hearing so um again like I told you heard me tell the the previous respondent uh for both of her cases make sure you come back if if you have to come back if you don't remove the piles and you're going to go through the permit process and you don't have them issued by then come back to that next hearing and bring me all the proof that you from today forward you've done everything you could to get into compliance so that if if at that time you need more time I'll be inclined to give it to you okay does that make sense yes ma'am okay all right with that anything further from the town all right anything further from you sir no ma'am okay in case 2 42008 I've entered the uh case File and the additional respon on exhibit I'll find based on the certified uh mail that was signed for as well as the Affidavit of posting that the town had good service for today's hearing all find based on the photographs in the case File as well as the testimony of both the code officer and respondent that the respondant and violation of section 05- 040 a 175 1110 175 170 and 175 240 I'll require respondent to comply with those code sections honor before August 16th or appear at the August 21st status SL fine assessment Hearing in the event of non-compliance I'll uh issue a fine of $250 a day for each day at the violation continues and because I found you in violation the town's entitled to its administrative cost for today's hearing those are in the amount of $ 2345 payable within 30 days okay now is that payable even though even if I remove the BS that is that's that's their administrative cost that's the cost that it it uh it's probably actually less than the cost but it's the cost to get you to the hearing right so they have to send you certified mail they have to pay their attorney to be here they have to pay the special magistrate it's just the cost to get you to a hearing so yes those are payable uh whether or not you remove them the fines won't start until August 17th uh that's your the day after your compliance date okay okay good luck sir thank you and sir did you get a picture did you get a picture of this certified thing do you want that that you wanted you know I would like to make a change on the given that the we only have one respondent here um he's here for the fine uh reduction if we can hear that first yeah and certainly you're always willing uh I'm always amendable to you calling cases for people who are here for the others who are not that's certainly fine any times we would like to call case uh 23435 uh nwd land Holdings uh 14965 Boulevard viation was for um unpermitted use uh section 20-07 brother found it so it was under the box Melle we have it here so the the property owner requested this uh here in your owner uh so therefore we didn't u mail out anything we just um um on the docket because he requested this hearing for f reduction so I don't know if he needs to um uh wave um any service no we'll get we'll get there uh what's the fine amount in the case so according with the record here uh this case this fines ran uh for 21 days from July 7th when will you order uh until uh July 28th uh that 250 a day that was $5,250 and this case has been in front of the ma several times There is five administrative fee of 234 of 5 for an amount of $1,170 125 for a total $ 6,420 25 six what was the number 64 6420 25 okay was this was this I think I remember this was this truck parking yes and the second Cas is it will be violation all right let me um the town wants to do them separately so let me have a respondent come up uh give me his name we could treat them together if you if you prefer your honor yeah why don't you go go ahead and get your your evidence I'll I'll issue separate orders but go ahead and get your evidence on the second case so I have understanding of how much the total fine amount is than yeah go ahead and get yeah go ahead and get your second one sorry sir just stand by you can stand there you don't have to sit down just stand there for one second go ah Mis you that's okay I'm sorry for the confusion the second case ran for 157 days your honor from September 5th to February 9th um they were even though it was a violation the fs were 250 as well okay for a total $9,250 and only one uh administrative fee for 23405 for a total of 39,45 and 484 with 5 cents so 39 48405 is the total and none none of the administrative fees were paid in either of those cases now that I'm my Weare off I haven't seen any payment okay now let me hear from the gentleman what's your name sir jei I discern I'm G to butcher that spell it for me I mean it's in the order here probably you were here yeah here we go jei I got you here all right so you heard me say at the beginning this is the part of the hearing where you get to go first so why should the fines be reduced we we were under the impression that we were able to do what we were doing and we were wrong and then on the second repeat violation um we had one vehicle that we weren't able to move it was um a trash truck that was out of commission and that was two and a half months to remove that alone and lastly you asked me to come uh once it was fixed and request this meeting yes I mean you don't have you don't have to it's just a it's just a uh an option that's available to you to get the fines um reduce so there's certainly no burden if you don't want the find I I reduce them for you but um it's not a mandate it's just an option for you can I see that second case File Mr MOS and the second was the second case the same thing the trucks yes sure okay um a second piece of the information is we weren't uh we we had those under our um what is it our a exemption and um when we came to the second uh the repeat uh we weren't we didn't know that our a exemption had been removed um matter of fact we then went to the county and they had never sent um I guess what do you call it uh notification of all that so you know we were doing our thing thinking we were okay so the first one I mean is is a not a horrible number the second one is is a bit of a high fine the first one didn't run for that long um I know you said on the second case that the the trash truck's out there for a couple of months but 157 days would be almost six months so what what was the other couple of month delay in getting the trucks removed um I don't think think it was that long check my emails I yeah go ahead y there's correspondence there between uh the property owner and Arman and there was an inspection in January um seeking compliance and on arm's email he one day that the property will be empty and then he'll come back and trucks were back in the property so it wasn't until February 9th that um the property owner contacted us again to go back and respect and that there should be only one truck that he was using to remove um uh uh patties P parties the the Batters okay and then we recognizing that day as the day of compliance because that's when he requested we go back and check yeah even though it took us a little longer to go re inspect we are recognizing the date that he has us to go back as the day of compliance okay so what you're saying is the vine could have run longer because it took you longer to get an inspection but you're you're backdating it back to the date that he called you to get the inspection okay very good when um when did the uh I guess the repeat start uh running September 5th and when do you have so we have spend and compliance date of February 9 so roughly 6 157 Days Seven here six months roughly I guess let me ask you let me ask it this way what what um do you have do you have numbers in mind that the vine should be reduced to uh you if we could between the two of them uh get them under the $10,000 range I really appreciate that okay does the town have a response well you given the the history of this property and the there was a repeat violation um I think the town will be more comfortable with reducing it to 50% of the total of the two fs and there's let me just ask the town attorney not not a whole lot of fine assessment hearings come uh before the magistrate but there there are no code sections applicable to this correct there are no code sections applicable there is a reduction policy but I don't believe that this particular case falls into that category um so I think your guidelines are going to be basically the severity of the violation how the the time that the violation was in place efforts taken to come into compliance Etc the 162 criteria correct correct sir did you expend any any uh any money in getting the trucks removed yeah do you have a ballpark for mecks go come back a little closer to Mone just I think it was about around $5,000 okay and you had to hire a contractor or somebody to come yeah so the first case is is you know the violations are the same go ahead sorry uh I'm just looking back between our text messages um in um December 29th I'd asked Andrew to come by um [Music] and I think he mentioned that he had seen uh one truck going in and out let me see here um and the one the yeah that one truck so I think it was the around January 5th that we had all them out except the one um that we were fixing what's the town's response to that the timeline is consistent with um Mr amen's U First inspection in June I mean in in January for compliance uh but then he said and on the 12th of January he went back and there were trucks again and uh uh sto him from issuing a um affidavit compliance but if he goes out there if he goes out there on the first day and there's no trucks he has to comply them right that's your point right so we have no objection to recognize a timeline that the proper own is proposing that January 5th for compliance the 12 would have just triggered another repeat violation if that was the case right which the town could have could have could have done I agree okay so we can do a new calculation on to January 5th I mean I you know I appreciate your point sir I'm going to reduce it more than that more than just the extra days that are shaved off the fine here based on um based on what you're saying let's see this September somebody else already have the that calculator I can do it yeah me too so that'd be 122 days is that what you're getting I'm almost there yes 122 so that bring the fine down to 30,500 based on that compliance date what 23405 right and none of those administrative costs have been paid you don't have any knowledge of them being paid okay you if I can be more accurate on our ask is that the fs be be red reduced to 50% plus the administrative fees so what would be reduced to 50% will be the actual fines as our ask you know there's a saying Mr Matos about lawyers and math yeah the second case that's easy that's 30 be 15 yeah okay but I understand you thank you for the clarification um what I'm going to do s so the first one's easier for me to to reduce the second one I'm going to reduce anyways because I I know you did make efforts you came to both of the hearings I remember you being here um just so you understand the the repeat case you only received a fine of $250 a day you could have been fine double that so you already got a 50% reduction in in you know the violation that was reduced but that said I'm still going to reduce them um because as you heard me tell the other respondents that were here code enforcement is not supposed to be punitive um it there is a balance between upholding the town's code and being fair and Equitable to to the people who are trying to get into compliance and and do what they can to do that so I'm certainly going to reduce these I'm going to reduce these more than what the town probably wants me to reduce them to um but you did incur your own costs um these were not health safety welfare violations the second one is a repeat so I am going to take that in consideration um because I don't think I'm going to hit the number that that you're asking but I am going to reduce them substantially so um is there anything else you'd like me to hear before I make my ruling no okay anything further from the town all right so in the first case in 23043 5 the town has $1,100 in administrative costs 11725 the fine amount is 5250 um I I can't reduce their administrative cost because that's their actual cost for you to get here so uh that's got to stay in place I'm I'm going to reduce the fine amount uh to $1,000 so the total there would be 21725 how long do you need to pay that um 60 days no no 30 days 30 I won't do less than 30 so 30 days is fine okay all right so I'm going to reduce in case 2304 0035 the total uh F and administrative cost amount which was 64225 down to 21725 payable within 30 days the repeat case 230 excuse me 231 0000001 I'm going to reduce the previous fine and administrative cost amount which is 37345 there's only $234 5 there's only one admin cost there I'm going to reduce that one down to 13 7345 payable again can you pay that one in 30 days I think so you want me to give you 60 days no no I mean because it reverts back if you don't pay it it'll go back to the original okay let's do 60 on that one all right that 13734 point5 would be payable within 30 days okay um I've taken into consideration the gravity of the violations in both cases certainly in the second case the fact that it was a repeat um but again you did you did expend resources to get into compliance so uh I've given you credit there uh as well so I hope that's a number that um both sides can live with and I with all due respect hope not to see you again in Code Enforcement okay sir thank you thank you thank you young we're going to go back to our violation heing cases and our next case is 2306 00006 Maria E Fon and Roberto perz 3384 C Road this one is for an FDA this case was initiated in um June last year it was out of rotation giving allowing time to the property owners to hire an engineer they have they had met with us at the beginning of this case and explained that there were strange circumstances that wouldn't allow them to hire engineer right away but they were looking for one um so kids was out of rotation for a while we um reissue noov no on April 3 and we mail it out on April 4th uh we have a a return later but we posted the property on April 4th as well and property owner is actually on the picture picking it up there's some areas on the file showing um to give a little history in this case uh a previous um Public Work Director had complained about this property filling in the pond with um debris and the neighbor had also complain about the property uh making changes to to the land and you'll see some aeral that show uh you know throughout the years um changes to the property grading and and adding material um in some areas of the property so the violation is for a failure to obtain permits for the Earth moving work and are there permits applied for issued no they they inform us they they told us that they um hire DKK with have not we are not receive of a letter from DKK that they are the engineering for the property but we believe that they did uh in fact um hire them and they should be working on plans for someo what's the last correspondence you have with the respondent um they actually we have been in contact uh via phone calls and they had come to the town we met recently here um for another violation they don't dispute the the FDA violation they were trying to um discuss the second violation that we're going to hear after this one I'm actually surprised that they're not here today yeah I was just going to ask you do you have any communication about the hearing they were aware that they were coming today for both cases what's the town seeking in terms of Remedy just a violation and pretty much use the same standard that we have been using from other the cases uh given the fact that they having to meet yet uh have a status um check on 60 days so your notice of violation says that they're building a structure too um they have yeah they had outed own structures on the back of the property uh that will you just be had to be included on the FDA as well and what am I looking at these aial um hopefully you can see on the a that um the front Pawn at some point was smaller because they had out the debris um and one of the areas you don't see the I think it's like the pig um a structure on the back side of the property close to the uh second [Music] Pond and also around the middle of the property in front of the residence uh there's some grading that was done also around the same time and some piles in the front of the property there we tried to give them time because that property needs um you know that the residents needs to be knocked down and preal so we were trying to give them time so if they can include all the improvements that they want to do on the property at the same time but it's been a year since um we first started um working with them have you been on this site personally or no not inside uh just outside the property can you for the for the cases where um you didn't actually initiate or haven't been on the site if you observed from outside can you let the magistrate know what you saw personally yes on this case I'm aware from even as my previous um position in partly Works um I I that when you said public work was there that was you on this case or no now the PO director was my boss I was assistant po director okay so I was aware then of the debris on the on the pond I was not involved with with C enforcement at that point that was personal knowledge of the of the debris they have towels and and materials that they got from somewhere and put them on the in the pond okay and the Aerials I mean just just for transparency I mean the Aerials clearly show something my concern is always when you send out a notice of violation strict Reliance on an aerial doesn't confirm that when you sent the notice that it that that's the condition that exists so that's why I continue to ask you for the additional testimony because the I think it's difficult to to corroborate that the aerial is or is not as of the you sent out your notice so that I appreciate the additional testimony and that's why I'm asking you uh for it yes I appreciate that you and yeah some cases like this one where the change is not drastical like others that the whole property was transformed yeah I understand that um especially if people complain I don't mean to interrupt you but especially if people complain I would encourage you to ask them for photographs because the more you have an Evidence the better um the easier it is for me to see but if if Town staff was there and public works and your personal knowledge that that's sufficient for me on this one yes um and the Aerials like I said are a little a little easier on this one than than the prior case um it's very clear that there's activity that's been going on there um so in this one you're asking for the 816 821 yes okay all right anything further from the town on this one all right case 2366 for the record the respondent is not present I'll enter the town's evidentiary Case Files compos depit exhibit one without objection I'll find excuse me based on the Affidavit of posting that the town had good service for today's hearing 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 section 04- excuse me 05- 040 a 175 1110 175 170 and 175 240 I'll require respondents to comply with those code sections honorable for August 16th or appear at the August 21st fine assessment Hearing in the event of non-compliance a $250 a day fine will be assessed for each day thereafter because of the finding of violation I'll award the town's administrative cost for this case uh for this hearing rather in the amount of 23405 payable within 30 days thank you your honor our next case is for the same property 245 00006 peris Roberto and Maria um this one your H is for U unpermitted use um truck storage um I had discussed with the with the proppr owner their situation they claim they have some of the trucks uh uh move the the containers with hay and they the own five um dum trucks that they use for different activities uh they're trying to um find a route where they can keep some of the trucks um that they can relate to farm use um but the rest of the trucks will have to be removed um I don't we don't see and they haven't Justified yet uh how they can have five trucks uh five dun trucks related to um um Farm use I asked them to invite me to the property to confirm that the trailers that they have there are um or provide evidence that those trailers are for hay and they are Farm um so there's trailers and dump trucks yes and uh in the semi truck that they use to move the trailers so the if the trailers are associated with their AG use they're allowed to remain yes okay but the dump trucks are not allowed to not no dump trucks Nel I can demonstrate for some reason that they use it for self hauling the manure or whatever but not five trucks okay I I point them in different directions I told them you know if you can um get approv for Enterprise um uh business and and that will allow you two trucks then maybe you can keep those uh but as yet they haven't submitt that application they're not approved yet so so this uh certifi mail was uh sent out on May 31st um it was also posted on May 31st I observed the trucks um both from the road and from the adjacent property in the complainant um from my uh position I could see trucks sticking up over the fence that were um higher than the fence and and there were also a dumb truck with the bed up that they were in cleaning apparently washing on the property also when the truck driving in the property as they was destined for something pull out of the property went back in the property and was there testimony who conf what confirm that they have they own five trucks you we have to rely on the day stamp on that picture I observe the violation it's not good right now the the pictures of the trucks on the case um was when I obser the violation the time time did you go back after the time specified in the notice violation said that again did you go your notice of violation gave them so many days to comply did you go back after the compliance date um they since have um screen more the the property and I have to rely on them to notify me that they're in compliance and invite me back to confirm the compliance e and have you spok in with the respondents about the trucks yes here at the town and in the last communication we had they were going to try to apply for that Enterprise um business okay all right anything further from the town got all uh let me ask you what's what's the remedy you're asking for we're going to remove the truck or get approval for the trucks that they want to keep remaining on the property and it they failed to do so um by when uh 30 days so the July hearings the 17th so compliance by July 15th yes your honor does that give you enough time to go reinspect yeah what fine amount 250 all right for the record case 2456 the respondents are not present I'll enter the town's evidentiary Case Files composite exhibit one without objection I'll find based on the Affidavit of posting that the town had good service for today's hearing I'll find based on the photographs in the case File and the testimony of the code officer that the respondents in violation of sections 20-01 7 and 20-10 G1 for the uh truck and trailer storage on the property I require respondents to comply with those code sections honor before July 15th or attend and appear at the uh July 17th fine assessment Hearing in the event of non-compliance I'll assess a fine in the amount of $250 a day for each day that the violation continues and because of the finding a violation I'll award the town's administrative cost in the amount of 230 405 payable within 30 days [Music] thank our next case is 2451 cine balard this property was cited back in May or um RVs on the property in less than one acre um lot um the town estage the minimum size lot is one acre but you H in this case we want to ask for continuers or just want to establish service um on this case so um you could um issue continuous order okay uh since the prop is not here and she had uh argue her right to keep the property but it's not here and I cannot go today to confirm if the RBS were remov or not today so I would like to continue the case uh to our next heing date of July 17th so property was posted on May 9th and it was send certifi mail on May 17 you want to amend the compliance state to before the 17th are you seeking a finding a violation today or no no it's a continuous okay that's strictly continu okay you did not have good luck on the certified mail on these cases this mother no they're every I'm having that trouble everywhere all right so I'm not going to enter the case I'm just going to make a finding uh for the record in case 245 00001 for the record the respondent is not present uh the case File presented to me includes an Affidavit of posting indicating that the notice of violation and notice ofing rep posted to the property on 59 so with that confirmation of legal service for today's hearing I'll Grant the requested continuance and reset this matter for violation hearing on July 17th at 9:00 a. best case is 2452 this one your honor it's also for um RBS violation of section 20- 050 uh A1 uh recation vehicles on the property less than one acre um I we certify mail we certify on May 17 and I posted at the property on May 9th on this one your honor I spoke with the property owner on the phone and he requested to uh give him more time to comply and at the time we were a month out he asked for 60 days so this one we're going to request a continuance for U July 17 as well just to allow him more time to comply all right so you're asking for finding a violation on this one and in 30 days to comply now you're this we're going to ask for continuers as well um I want to make sure that um the property owner giving the property owner the the the chance to bring property in compliance because he could probably understand that he didn't have to come because we were giving him 60 days to to comply I want to just continue the case Okay because he's not here at this time so you just want to continue the case he has three cases today and it's going to be the same situation we prefer just in the to be caution U we want to continue the cases so he doesn't claim we went ahead and had the case after giving him 60 days to comply okay just understand at the at the July hearing I'm I'm going to be inclined to give him there's there's no liance dat being set so that I won't be issuing any fines oh that's okay I understand that okay very good all right so same thing just to order resetting the hearing then on this one yeah and it's going to be the same for the next two cases okay all right so in case 2452 for the record the respondent is not present I've been presented with a case File that has an Affidavit of service indicating that the property was Pro poed with the notice of violation and notice of hearing on May 9th so with the finding of good service I'll issue an order that resets the violation hearing to July 17th at 9:00 am. thank you y next case is 2454 this one yor for BTR for the rental of those RVs and the main Pro the main residence as well as a uh a shed that was or accessory structure that was constructed on the property and it's also rented um therefore we require a BTR for all the rentals of the property uh same thing with this one this one was um s certifi mail on May 17 it was posted on May 9 and we also request continues cooking with gas now huh all right well I don't know what is going on with the post office all right same thing in case 2453 for the record of respondents not present I've been presented with a case File that has an Affidavit of service indicating that the property was posted with the notice of violation and notice of hearing on May 9th with that finding of good service for today's hearing I'll Grant the request and reset this for viation hearing on July 17th at 9:00 a.m. thank you the last case the last case was cited for the work without permits or that accessory structure that was be on the back of the property and um a fence that was also erected on the side of the residence as well as um some uh remodeling inside the property that we witness workers inside the property and and degrees brought out of the property so just just I'm gonna stop you there I'm sorry just because the respondent's not present if you're seeking to reset it we should just reset it you're correct um just explaining the type of aition but yes uh we did um post of the property on the same day May 9 and we also set s cifi mail on May 17 and we request it continues thank you Madame attorney I'm sorry hey no it's it's being a long one moving through the network I'd love to know what the network right what exactly is the network but anyways uh case 24054 for the record again the respondent is not present I've been presented with a case File which includes uh an Affidavit of service indicating that the property was posted with the notice of violation and notice of hearing on May 9th so again with that confirmation of legal service for today's hearing I will grant the requests and reset this for violation hearing on July 17th at 9:00 a.m. thank you y I think that completes our agenda all right with that I will adjourn the hearing at 11:57 thank you and thank you to whoever emailed me and let me know that this would be a long you're welcome hearing thank you for that I don't usually try to jam stuff right up back to back but I might go in trouble on this so um so you live we going to have to