##VIDEO ID:jQT5ame5eAI## e e e e e e e e e e e e e e e all right good morning everyone um I'm going to call to order the code enforcement magistrate hearing from Martin County uh for September 18th 2024 uh at 901 two and uh if you'll please rise join me in the Pledge of Allegiance I pledge to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all all right please be seated some folks here for the morning side Commons case we're going to take that one first um it's case uh number enf 2024 030 267 and um this espat this is a violation case so um if you gentlemen if you'll have a seat there in the front uh just right in the front row would be great and you can actually look up at the Monitor and see what uh evidence the Count's going to present and what we're going to do is hear from the county first if uh if they present all their evidence and make what the law calls a prima fascia case meaning that if everything they say is is accurate and correct and I can rely upon it to find the violation then the burden of proof then switches over to you as respondents to um either present a case or to um you can tell me actually anything related to the case that you need to you can present evidence you can ask um questions of the county if you need to so let's hear from the county I'm going to swear them in first and then I'll call you up and and then we'll go from there so um officer espat if you raise your right hand swear or affirm the testimony you're about to give will be the truth the whole truth and nothing but the truth so I'll hope you got I do all right so what have we got my name is Maria espia and I have been sworn in I'm a code compliance investigator for Martin County the respondent Morningside Commons LLC are present this case concerns a property at 1405 Northwest Federal Highway in Stuart Florida in Martin County Florida this case was not generated from an anonymous complaint according to the official record of the property appraiser of Martin County the property owner is Morningside Commons LLC a copy of the Property Appraiser's record of ownership is County's exhibit 1 on March 12th 2024 I inspected the property at that time I observed damaged exterior on the structures that needed on some structures that needed repair trash and High Grass at that time I photographed the property the photographs accurately show what I saw then and are marked as counties exhibits 2 through six I'll zoom in for you okay and on two what are we looking at two shows there's High grass in the back trash on the side more trash here I think they're possibly desk three zoom in the fascia damage right here four more fous damage here five shows trash in the back along with high grass and six shows you a map of the area let me zoom in so I could explain to you the main structure the main residence is this one this is a shed next to it and then the teal color buildings that had the facial damage are the business okay and I'm sorry what's the cross street it's US1 and US1 and Baker Corner oh Baker okay M erant Property correct okay got it based upon the investigation I issued a notice of violation to the owners on March 14 2024 marked as County's exhibit 7 in the notice I cited the following Martin County Code sections section 21110 General EX interior structure General ordinances Martin County Code section 67. 2011a nuisance declared weeds undergrowth General ordinances Martin County Code and section 67. 20101 B nuisance declared trash Etc General ordinances Martin County Code in the notice of violation the respondent was given until April 15 2024 to correct the violations and was informed of the need to contact Martin County Code Enforcement upon doing so compliance was not achieved and a notice of hearing was issued by certified mail and regular mail June 177 2024 for the July 2024 hearing and is marked this count is exhibit 8 I reinspected the property on July 10th 2024 and seen the property remains in violation but also found new violations that included roof damage what appeared to be a new door on the smaller structure of the property what we would consider the shed and an inoperable RV the inspection photos are marked as couny exhibits 9 through 14 nine is high grass and trash still this is the RV it's covered with a tarp I'll just try to zoom in for you number 10 more trash in in the next exhibits you'll see a closer view of the roof damage number 11 is trash still on the side number 12 these are just different angles of the property 13 pieces of wood 14 a different angle part of the RV therefore I amended the notice of violation and mailed it to the owner July 12 2024 the amended notice of violation is marked as County's exhibit 15 in the amended notice of violation I added the new violations section 105.1 permits when required Incorporated by section 21.1 General ordinances Martin County Code section 21115 roofs and drainage General ordinances Martin County Code and section 9134 A generally inoperable Vehicles General ordinances Martin County Code on July 19 2024 I met with the management company employee and explained the violation and the roof issues they stated they would comply with all the violations however they did not agree that the roof was in violation I explained they should speak with my supervisor in that case the permit for the door was no longer required and not a violation some of the photos taken during that inspection are marked as counties exhibits 16 16 through 20 this is just to show you some of the roof Dam image if you could see it right here throughout the edges another angle of the roof 18 you could see more pictures of the roof damage 19 and 20 I reinspected the property on August 16th 2024 and see that the in operable RV was removed and the fascia was repaired but all the other violations remained the inspection photos are marked as County's exhibits 21 through 25 21 shows the trash does remain behind the truck as well 22 different angle of the trash and roof 23 High Grass trash 24 the RV's removed as you see the wood still here and 25 different angle toilet outside along with other pieces of of wood and and trash because the inspection failed I sent a certified male by certified male and regular mail an amended notice of hearing to the owner on August 26 2024 the amended notice of hearing is marked as Count's exhibit 26 the return receipt was not returned therefore I posted the property and the Martin County admin building on September 4th 2024 the Affidavit of posting is marked as counties exhibit 27 on September 17 2024 I spoke with the management company and they stated that they checked the day before and it was in compliance but did not mention anything about the roof therefore I went the same day on September 17 2024 and saw that the sided violations had not been corrected at that time I photographed the property the photographs accurately show what I saw then and our Markus counties exhibits 28 through 45 I'll zoom into each one 28 shows of washer dryer High grass in the back 29 let me zoom in more trash High Grass things here number 30 same grass trash 31 behind the trailer on the Grass more items 32 more sections of High Grass number 33 I'll zoom in uh the trash remains there 34 a closer view there's going to be several pictures of the roof in the upcoming pictures 35 you could see I guess here where it meets the fascia it's uh lifted in certain areas 36 more trash 37 I will zoom in so you could clearly see the roof damage throughout this line right here 38 39 several more pictures of the roof which building is this the main structure the main residence 40 this is the shed area that what we call a shed um and the wood Still Remains there are toilets and other stuff 41 different angle 42 I'm going to zoom in for you what are we looking not that I jumped from 40 uh 43 is not there but there is 44 you see there's damage oh yeah okay under and 45 I'll zoom in and you can see the gaps between the roof and and the fascia area right here I request that all of the County's exhibits be received into evidence based upon the testimony and evidence I requested the respondents be orded to comply with the cited provisions of Martin County Code by October 21st 20 I'm sorry October 31st 2024 and if not in compliance by then be required to pay a fine in the amount of $100 per violation per day the county has incurred a cost in the amount of $575 conducting the investigation and request that the county be reimbursed this amount at the conclusion of today's hearing okay all right um find that the county has made a primacia case if if you all want to come up to the podium right here and um are you both going to speak yes sir all right then I'll ra if you'll both raise your right hands do you swear or affirm the testimony you're about to give will be the truth the whole truth and nothing but the truth so hope you got yes all right sir I need your name and address uh my name is Lewis render I'm an attorney uh 900 Southeast Ocean Boulevard Street I didn't recognize you behind that mask Mr render how are are you I'm good thank you sir welcome to the proceeding and Sir Ed Smith 21107 Southwest Oak order Point Palm City Florida okay and Mr Smith all right all right um Mr render have you got anything you want to present um any questions for the county Jud I uh we have pictures of the property and it I guess our our pictures show appear to show something different or to some extent uh number one let me see oh somewhere we we've had somebody we've had a roofing company a roofer go out there and and make extensive repairs to the roof and I have somewhere in here I have photos of that okay that I give back to you in the County's um in the County's presentation I actually saw couple of pales up on the on the roof and I figured somebody was up there doing something well yeah we have these photos of of the roof repairs that were done okay so sir we had the roof oh sorry we had the roof inspected um by a certified contractor uh he made minor repairs to where he thinks there could have been water penetration but he also said the roof is sound at this point okay and I you can my understanding is the ordinance in question require the roof has to be in such shape that it prevents any leaks from going inside the building and from what I've seen on those pictures the fact that there's a gap in the fascia over the overhang is not affecting inside the property so but we have I don't know how okay if if you give those to Miss Bradley she'll okay she'll put them down and I also somewhere we also have pictures of the property yesterday which we did not see any do you have those too uh yeah they're timestamp photos from yesterday as well okay um and the last one judge is uh a picture of the of the grass on the County's neighboring property or the county of the city adjacent property all right I that's I would object to that your honor yeah thank you it's not really relevant well it depend if what they're saying is is unsightly or or large you know gross of grass and weeds and things it's less our property is in better shape than the County's property I I understand and but if yours is still in violation well these pictures will it's not in violation sir to to the point that the reference photo is because that property is adjacent to ours it does go along the rear of the property and that stuff is encroaching the back which makes it look like our property is overgrown I mean I think you can see from the photo that there's a fence right along the property line there all right can you put that down so we can see it oh yeah and um you pull the aerial that show the zoning um I'm going to have Rachel oh well hang on cuz I can only do one at a time on the screen I need another inspection you phot little photos in the world there's that one okay so what am I looking at there so if you look in the back behind that truck line that overgrowth is actually on County property not our property okay so does the county agree to that do you know we do have a GIS on exhibit I believe five possibly or six six six let me zoom in for you so you can see the Truck Line right there and what's being photographed is the area behind it yeah there a some of them I believe is the area next to the vehicles and then the other big patches right here where I'm circling correct you can see and there's photos taken of that patch I think if we could um just talk about this area just a little bit where the focus is in the rear of the building that's a um like an operational commercial truck yard where several businesses store their trucks and um a Paving Company a roofing company a pressure cleaning company so there's constantly trucks in and out of there with different um building materials she showed a picture of a truck with some um hurricane shutters or something behind it that's part of their business they're storing that there if you could go to your recent photo um from the rear ma'am where you said there was trash what was it toilets or something well no that's the this is the residential behind the residential portion but go to the one where we're talking about the commercial this one or yeah so if you could zoom in on this so that's that's the residential and if you kind of scroll down where where you're saying is trash that's actually bricks a bike and a chair in the rear of someone's house it's not trash and this right here is a vacuum that's broken right so if you go to the left they were actually replacing their washer and dryer that day which I saw you did get a picture of it so that's not trash those are brand new washers and dryers this is a commercial property and residential mixed use property where there's daily activities so if we go there tomorrow morning it's going to look different than it does today and the next day and the next day so there's constantly materials being moved in moved out um that that's part of the truck there now that overgrowth I do agree is ours that is our overgrowth but that trailer there um if you can go to another photo sure but like just even this area right here you could see the yard um and we've worked over the couple of months of trying to clean it up the best as possible but it is an operating commercial area that constantly is going to have materials and or trash in and out of it now this is the rear of the front home there uh their chair their little outside pool their Cabana and yes they do have a a toilet out back there which every time we notice them they say they're making repairs so I've been instructed to just throw that out at this point and the wood yeah what about the plywood that's um they're they're using it for you know they're making a little outside sitting area in the back of their yard here it's not connected to the structure is it permitted no and we had this conversation on site that they would need a permit if if they were building something so I considered it trash at at this point yeah and that's ongoing with the person who's leasing the apartment right now so but if you kind of just this area right here too this is you know that's a Paving Company this is a pressure cleaner company there so those are all active businesses and this is the rear of the the property there if we could zoom out to the to the front but the items aren't aren't properly stored they're they've got growth all around them correct this this area right here that growth is on our property the the picture I was referencing before was another picture is this is this today's or yesterday's pictures yeah so this growth is there okay so the the the leasing person is supposed to do it once a month obviously because of rain they didn't right here um if we could zoom out to the front of the house the front Okay so so this is all in the rear of the property um do you have any photos from yesterday from the front um let me take a look from yesterday you said right yeah I actually also have pictures that were taken an hour before coming here MH um that show that it actually remained the same just the front ma'am are they looking for in the system somewhere or no I have them still on the tablet because they they weren't really going to be part of today but I figured I would take pictures in case they brought their own of this morning's pictures and and I don't argue the rear of the property and those issues there I I agree that work needs to be done there um um on the front is where I have my pictures taken yesterday and the front of the main residence uh both yeah there was never an issue with trash and thebr in the front the front remember it was just the roof line that which are these pictures it was never trash in the front Okay so then so then I agree the back does need work still okay and if I understand correctly and and unfortunately you don't have any you don't have a roofing report or something I do um we have the rep uh a collection of photos from the roof the roof inspection and the repairs yeah it's not um your honor if I may I reviewed the the exhibit yes um it states that repairs were made uh and I would ask do you have a bill from this um contractors showing the repairs made and I could provide it yes I don't have it with me because that that would be as far as this is just an allegation as repairs with no no proof but the bill would be more conclusive evidence well they photos of rep of obvious repairs I mean it's not like I'm more than happy to provide that now if I go back to my office today okay then if I might suggest jna I believe the C the the county has proved by a preponderance that there is roof damage as it shows but I also believe that upon production of the bill that that would be found to be in compliance as long as the bill shows that there's there were leaks they were repaired and no current leaks now then um that would that that could be brought into compliance well before the October 31st date sure yeah I I think what Mr two is is saying is it's it's almost like too little too late yes um U we are trying the facts but I you know I'm looking at what You' presented and if it is correct and accurate uh as Mr tuy suggests perhaps uh that part of the violation is in compliance so we know um based upon your testimony money in the counties as well that that there is overgrowth um still remaining on the property we know that there so that weed violation the 6720a still is there we know um that the roof may be repaired but we we don't have adequate proof of that at the moment and I know based on what I had seen before was enough to find the violation existed and I I can see this exhibit um as a matter of fact actually yeah you're you're looking at a a little bit of a report it's not very formal but it a leak was reported in the laundry room we resealed the roof above the area fine okay and then and then continuing on um there was some more narrative in there somewhere I saw okay a leak was reported in the living room we repair the roof in this area and I'm more than happy to send that today the the the invoice and the paid receipt for it okay and here's the a third leak reported in the bathroom above the shower repaired uh the roof above this location so I I see is there more than the three okay so there there is some um evidence present presented if it's all right Mr rinder I'm going to accept that into evidence any objection all right so um it's a it purports to be a a report it's what how many pages 10 all right eight nine nine pages um prepared by what was the name of the company there is no company name on the exhibit I see Florida commercial but I don't know what that means management company that's us that they were sent to us okay so that's you y and I'll include the name of the company the the invoice and the paid receipt okay where does it where does it go to we we'll take care of that momentarily Mr render um let let me just uh say I'm going to find that that the violation of the roof does exist that the weeds in uh and trash still exists because the there's items around that need to be removed um and I think that's all the allegation of the county that remains is that correct am I yes just the the trash and the high grass so the the 105.1 is taken care of and the 21. 1110 is taken care of oh what about the interoperable vehicles that was removed that's removed okay so that's done and we've got the 21115 roof roofs and drainage so that that remains all right um all right so based upon your presentation I'm going to find that and and the counties as well that uh there were violations that have been taken care of and that these three still potentially remain you may be able to show otherwise that the that the weeds and undergrowth that the trash um items that that uh remain on the property that uh either aren't properly stored or or um are simply refu that need to be thrown out and then the the roof uh damage and you're you're going to attempt to prove that it it's been repaired and taken care of Okay so we've got those three violations um and and I'm looking at a draft order the the county has ask that you repair that by October 31st that should be doable okay failing which you find in the amount of $100 per violation per day would acrew um and that seems reasonable under the circumstances I have one question about that yes is if there's a dispute between now and October 31st as to whether or not it's been done where does it go to be to be resolved well um ultimately it can come back um if need be but uh I mean typically what happens is uh your client will show the county call for reinspection show the county what's been done and normally it upon reinspection if everything's taken care of then um then the county puts it the case in compliance and and I never even see it again um but um but if that's not the case uh and you find that the county won't uh issue an Affidavit of compliance then there is a process where you can come back before me uh and ask for some sort of remediation so but that's pretty unusual uh fine reduction or or you know other item so but yes I mean it is possible the due process still lives on here and uh you know we we try and take that seriously so okay all right so I'm going to find um that um and let me ask you any objection to the county exhibits one through 45 in this case no sir no other than any areas where they're showing J someone else's property we have no objection okay but I think we've explained that and and I understand where that property line is um and uh any objection to the respondents exhibits one through nine no your honor all right so without objection I'm going to accept the County's exhibits 1345 in De evence and the respondence exhibits 1 through n and into evidence as well um that subject to um whatever certification you want to provide and and um information to be presented to the county at uh as soon as you can do it okay all right so based upon the evidence your testimony and the County's testimony I'm going to find that three violations still remain on the property uh 6720a which is weeds and undergrowth and that sort of thing and then 67201 B which is um uh trash and then finally the 21.15 which is roof damage uh that um we talked about pretty substantially here okay so based upon that I'm going to order compliance honor before October 31st uh 2024 failing which a fine in the amount of five of $100 per violation per day will acre and I am going to award cost in the amount of $575 which is the normal cost uh to be paid to the county at the conclusion of the hearing and um understand that those costs are based upon what it takes to produce a hearing so it's it's more than the uh you might find it at County court level but it is those are real costs so and that's it we can get you a copy of the order you can take it with you if you like and and that way you'll have it more efficient that way yeah yep oh lock out all righty thank you and Miss Bradley I'll get you copy of the order thank you okay good thank you Mr render nice to see you again nice to see you sir thank you thank you officer counselor good morning good morning I guess we go right up to the top of the batting order right correct barrero case it's case number enf 20231 0573 Henry and Bethany and barrero and I'm going to swear you in whatever you're right you swear or affirm the testimony you're about to give will be the truth the whole truth and nothing but the truth so I'll hope you got I do right thank you what have we got uh we have a stipulation agreement yeah good I see that my name is Chris CER I've been sworn in I am a Cod compliance investigator for Maron County the respondents Henry borero and Bethy Anne are not present this case concerns the property 1861 Southwest George Street located within Stewart Florida this case was not generated from an anonymous complaint ACC the official records of the property appraiser of Martin County the property owners are Henry and Bethy barrero a copy of the property appraiser record of ownership is County's exhibit one on October 20th officer Ben Norman inspected the property at the time he observed inoperable Vehicles trash and debris and unpermitted work at the time he photographed the property the photograph actually saw actually show what he saw then is marked this count exhibits 2 3 4 5 6 7 8 and N9 exhibit 10 is the property permit history as of October 20th 2023 all right let's just quickly go through these exhibits okay so exhibit two basically the impermanent work is the the steps in the front porch right here okay exhibit three inoperable vehicle on the side all right exibit four just another veh the side showing debris and stuff unslightly materials exibit 10 another vehicle in the back of the property quite a few over here exibit six closeup of the vehicle so are there three vehicles uh orther at that point right there's that one one two then the truck I think the ones that're off to the side alongside the truck ah over here okay so the truck is not on the property it's it's but he didn't have it listed as inoperable okay got it I'm with you okay exhibit six this is just basically shown this was one it's on jack stands exhibit seven some of the vehicles on the side oh exhibit eight um just to clut some of the debris that's on the other side of the trucks stacked against the house and exhibit nine just um High Grass around the gas tank all right exhibit 10 is the um as of that dat uh no permit for the uh work done on the stairs and or front porch okay exhibit uh 11 is a Google Street View basically showing it was a different set of stairs there was no railing so but that's what's required to permit uh based upon the investigation Austin Norman issued a notice of violation to Henry and Bethany barrero on November 1st 2023 marked this County exhibit 12 and the notes he cited the following Martin County code violations section 105.1 Florida building code is adopted by section 21.1 General ordinances Martin County 91.3 for General inoperable vehicles and 67201 B for nuisance declared trash and debris and the notice of viol violation the respondent was given until December 1st 2023 to correct the violations and was informed that need to contact Martin County Code Enforcement upon doing so on December 1st 2023 officer Norman inspected the property and observed new fence being constructed without a permit this is marked as County exibit 13 so we have a new section of fence going up on the as you're looking at the property on the right hand side okay also inspected the property observed the new fence being constructed Mark as County exhibit 13 a screenshot of the permit history as of December 1st 2023 is marked as County exibit 14 so this is as of December first so still don't have a permit for the uh front porch and now we have no fence permit right compliance was not achieved and a notice of hearing was issued by certified mail February 8 20124 for the March 20th 2024 magistrate hearing and Markus County exhibit 15 so this is the initial NTA he had amended the um 105 to include the front porch and the fence okay in the gas tank yeah on March 18th 2020 officer Norman spoke with the owner the owner requested an extension he the owner had said that he had hired an engineer to complete drawings for the work that was done but would take some time the extension was granted on April 20124 officer Frank Marcos took over the case on April 29th 2024 officer Marcos inspected the property at the time he observed inoperable inoperable Vehicles trash and debris had been corrected but no permits had been issued for the unpent work at the time he photographed the property the photographs accurately show what he saw and it's March is counting Exit 16 and 17 this is Frank marcos's pictures basically the area has now been painted but still no permits for that front porch area okay and the fence has been completed compliance was not not being achieved an amended notice of hearing was issued by certified mail on April 15 2024 for the May 15th 2024 magistrate hearing and it's marked his County exhibit 18 so this is his second noce to appear from Frank officer Marcos a permit for the fence which is fence permit BL 202 2420 375 was issued and a permit for the work was applied for which is permit BL 22420 384 so basically he got an issue permit for the fence and he applied for a permit for the front porch and the case was removed from the May hearing I then took over the case in August of 20 24 upon my review of the case I found that no permits for the port still had not been uh the permit was still an application status so the permit had not been issued for the porch and the property now had expired permits for BL 2020 02107 for gas tanks BL 20221 010 for sighting the fence permit was now expired and the application for the front porch was now expired so with compliance not being achieved an amended to notice of violation an amended notice of hearing was issued by certified male on August 26 2024 for the September 18 2024 magistrate hearing and this Mark this count exhibits 19 and 20 so nine is the amended my amended noov basically asking him to um all the other violations have been corrected the trash so basically he was just down to permit issues he needed a permit for the porch and needed to renew off his expired permits okay exhibit 20 is my NTA for today's hearing uh return receipt was not received so on September 5th 2024 I posted the property a photo of the posting the affidavit posting their count exhibits 21 and 22 my posting on the front door 22 is my affidavit posting okay uh on September 16th permits BL 20221 010 for the sighting the fense permit had been reactivated the permit for the gas tank had been cancelled and the permit application for the miscellaneous structure of the front porch area was still pending issuance and was still in an application Phase therefore on September 17th I again checked the property so as of the 17th let just go through fence permit was issued the uh front porch was still waiting on applicant the um gas tank permit had been cancelled and when a permit is cancelled like that is that by the owner yeah he requested it be canceled uh I go out to inspect to see if any work had been done in relation to that permit which none had been started so we can we cancel it that so is the is the tank removed or um they just were never hooked up they were never connected okay the gentleman works for a gas company I think the the tanks that were in the backyard were just there I don't think they were there was any connections which is what the permit would require okay um but basically he still had the pending application for the front porch all right um so I met with the owner on September 17 2024 he agreed to enter into a stipulation agreement he signed and paid the $350 to enter into the stipulation agreement to get more time and obtain to retain the required permits and then I'll I'll just finish up my these are the two pictures I took on the 17th all right and then I spoke and then I met with the owner yesterday he paid to 350 and entered into the stipulation agreement which basically is asking that he get the permit before December 31st to resolve the front porch and stair issue okay so based upon testimony the evidence I requested the respondent Henry and Bethany barer be ordered to comply with the cited Provisions the Martin County Code by December 31st 2024 if not compliance then be required to pay a fine in the amount of $100 for every day the violation continues s for the county um and he paid the $350 to enter into the stipulation agreement okay good anything else that's it for that case all right so um without objection I am going to accept in evidence the County's exhibits one through 25 in this case and um based upon the stipulation find that it is appropriate to extend compliance in this case until uh December 31st 2024 note for the record that um the administrative costs in the amount of $350 have been paid by the respondant and um if compliance is not achieved that a fine in the amount of $100 a day will acre thereafter and the uh stipulation is signed by uh Henry barrero on behalf of himself and his wife and um and the petition is signed by Officer counselor on behalf of the county so I'm going to find it is appropriate and I'm going to go ahead and enter the agreed order okay all right uh next case is the Ramirez case it's case number enf 2024 uh 0269 and the respondent is Daniel Ramirez my name is Chris CER been sworn in C compliance investigator for Martin County the respondent Daniel Ramirez is not present this case concerns the prop at 7890 Southwest Parkway Drive located within Stewart within Martin County Florida this case was not generated from an announed complaint according to the official records of the property appraiser of Martin County the property owner is Daniel Ramirez a copy of the property appraiser record is County exhibit one on February 2nd 2024 officer Ben Norman inspected the property at the time he observed trash High Grass and new steps and portch built without a permit at the time he photographed the property the photographs actually show what he saw then it's marked as couny exhibits 2 3 4 5 and six with the permit history for the property as coun exhibit 7 so two the POR and steps in question exhibit three different angle four is the front yard five is the side where all the miscellaneous items were not stored away properly exhibit six we have high grass along the back fence line and exhibit 7 being the permit history showing no active permits for the front stairs and porch okay based upon the investigation officer nor issued a notice of violation to Daniel Ramirez on March 20th 2024 Marcus County 8 in the noce of violation he cited the following Martin County code violations 67201 a nuisance declared weeds and undergrowth section 67201 B nuisance declared trash and debris and section 105.1 Florida building code AS adopted by section 21.1 General oron Martin County for the building without a permit and in the notice of violation the response were given until April 19th 2024 to correct the violation it was informed of the need to contact Martin County Code Enforcement upon doing so a building permit was applied for on May 2nd 20124 permit number b224 50141 current status of the said permit is waiting on applicant I took over the case in August of 2024 after review of the case I saw that the trash and debris and High Grass had been removed but the structure remained and no permit had been issued for the work compliance was not achieved and a notice of hearing was issued by certified mail and regular mail on August 16 2024 marked his count exhibit 9 my ntia for today's hearing my signature the return receipt was not received so on September 5th 2024 I posted the property a photo of the posting in the affid post are Mark is can I exhibits 10 and 11 10 is my posting 11 is my Affidavit of posting no call or letter has been received by the property owner I've had no conversations with them therefore I went to the property again on September 17th 2024 at the time I photographed the property photographs actually show what I saw then which is uh exhibit 12 front of the property front porch is still there and exhibit 14 being the current permit status where the permit is applied for but still waiting on applicant which is means the county does not have the required information to issue the permit the request that all counties exhibits be received in the evidence based upon the testimony the evidence I request that the respondent Daniel Ramirez be ordered to comply with the seted provisions of the Martin County Code by October 31st 2024 if not compliance would then be required to pay in a fine in the amount of $100 per day until the violation is corrected the has incre the cost of $575 conducting this hearing this investigation and you're requesting that the evidence be entered yes sir all right so uh anybody here on behalf of Daniel Ramirez looking out seeing no one without objection I'll accept in evidence the County's exhibits 1-4 in this case based upon that evidence and your testimony I'll find that a violation uh of 105.1 Florida building code uh does exist on the property in order compliance owner before October 31st 2024 failing which have find in the amount of $100 per day will ACR I'll further award cost in the amount of $575 to be paid to the county at the conclusion of this hearing all right the next one is um Benes case number enf 2024 06351 d01 uh David and AD Delia Benz before we before we start say just weigh and yes there's an incorrect spelling on the name um it's supposed to be Adelia uh the property appraiser has it as listed on the um docket uh the Building Department investigation when he got the deed found that that the the actual spelling of the name was was incorrect so there's no K there's no K so the order the proposed order you have correct indicates the correct spelling and in addition the property appraiser has been appraised this so they can correct corre their records and I've got a copy of the deed and it is in the name of adilia okay that's fine thank you so we'll let the property appr appraiser know to change it yeah okay um whenever you're ready my name is Chris G I've been swor in COD compliance fa from Martin County the respondents David Benz and Dilan Benz are not present this case concerns the proper at five 255 Southeast Horizon Avenue located within Stewart Florida located within Martin County this case was not generated from an anonymous complaint according to the official records of the property appraiser of Martin County the property owners are David and adelo Benz a copy of the property appraiser record is County exibit one on June 17 20124 I inspected the property at the time I observed a fence with no permit an inoperable vehicle stored on stored on a vacant lot at the time I photographed the property the photographs accurately show what I saw then and it's marked as count exhibits 2 3 4 and 5 uh with a screenshot of the permit history as counties ofit six so two vence section in question is that wholly on their property or yes because it was the neighbor on this side issuing in the complaint okay and all right so the so there's a fence correct and but the property is vacant correct got it okay zit three is the the truck just stored on the lot zit four no tag on the T on the truck five the truck's been there a while because the tires are sunk down in the down in the dirt and then the screenshot for the property of earing permit would be a cancel permit for a single family residents that's the UN record of a permit for the current lot all right based upon the investigation I issued a notice of violation to David and AD Benz on June 24 2024 Markus County exhibit 7 and notice I cited the following Mark and county code violation section 105.1 Florida building code AS adopted by section 21.1 General ordinances Martin County Section 91.3 for a General generally inoperable vehicles and section 3201a accessory uses and structures basically can't store anything on a vacant lot and notice of violation respondent was given until July 23rd 2024 to correct the violations was informed of the need to contact Martin County Code Enforcement upon doing so compliance was not achieved and a no seerum was issued by certified mail on August 27th 2024 Mark discount exhibit 8 the return receipt was not received so on September 5th 2024 I posted the property a photo of the posting the Affidavit of posting or counting stimits 9 and 10 I posted the property on the truck and my affidavit posting no call or letter has been received from the property owner therefore I went to the property again on September 17th 2024 and saw that decided violation had not been corrected uh the file of 91.3 4A for inoperable vehicle had been removed from the case at the time I photographed the property the photograph accur show what I saw then which our County exhibits 11 12 13 and a screenshot of the permit history as exhibit 14 basically 11 the fence is there the truck is still there so basically with the county is just pursuing instead of an operable vehicle just the fact that it can't be stored on a vacant lot okay um I see in 12 the whatever you you the posting is gone well it's it's right there by the front tire because we we picked it up and put it on the windshield got it okay that's in 13 correct all right and exhibit 14 shows that um still no permits have been issued for the fence all right have you had an any actual contact with this family no sir because unfortunately um all the males been going to they have the vacant lot listed as the mailing address I've had no other way of contacting the property owners wow so I request that all counties exhibits be received in the evidence based upon testimony the evidence I request that the respondents David and N Benz be ordered to comply with the seted provisions to the Martin County Code by October 31st 2024 have not comp by then be required to pay a fine in in the amount of $100 per violation per day until the violations are corrected the county has incuded the cost in the amount of $575 conducted in this investigation and request that the county be reimbursed at this amount the conclusion of today's hearing and that concludes my testimony okay anybody here on behalf of David or adilia Benz looking out seeing no one without objection I'll accept in evidence the County's exhibits 1 through 14 in this case based upon the evidence and your testimony I'll find that violations as charge do exist on the property order compliance honor before October 31st 20204 failing which arein in the amount of $100 per violation per day will acre and I'll forther reward cost in the amount of $575 to be paid to the county at the conclusion of this hearing thank you MH thank you I should put three morning M witzer morning do you swear or affirm the testimony you're about to give will be the truth all truth or nothing but the truth so I hope you go I do okay let's see we've got um the cabalero case it's um case number enf 20231 12036 and the respondent is zaro cabalero and you that's a stipulation yes okay good um let me catch up here all right and I'm looking at what looks like a copy of the stiff correct okay and you'll tell me where the original is it's on okay great thank you all right go ahead okay make your presentation my name is Kelly Switzer and I've been sworn in I'm a code compliance investigator from Martin County the respondent Lazaro cabalero is not present the owner has entered into a stipulated agreement this case concerns the property at 5047 Southwest anaha Avenue Palm City Florida 34990 this case was not generated from from an anonymous complaint according to the official records of the property appraiser of Martin County the property owner is Lazaro cabalero a copy of the Property Appraiser's record of ownership is County's exhibit one on December 15th 2023 I inspected the property at the time I observed that the home had been completely remodeled without permits new windows new front door new walkway in the front the enclosed the detached garage into a guest home with Min split AC units and a water heater along with new electrical running for the guest home a stop worker stop work order was issued at that time at at the time I photographed the property the property uh the ex exhibit exhibits 2 through five are of the work that was completed without any building permits it's the front it's a new door new windows that is the uh detach garage what used to be the detach garage that's my stop work order and then there's the AC units the water heater and the electrical so theyve basically taken the garage and turned it into living cor correct exhibit six through eight of of the real estate listing before the current owner purchased the property there's the just a total front front of the house this is of the front door what used to be the front door and then this is what the detached garage used to look like based upon the investigation I issued a notice of violation to to Lazaro cabalero on June 6th 2024 and is marked as County's exhibit 9 o excuse me June 10th June 10th in the notice I cited the following Martin County code violations section 105.1 Florida building code permits when required Incorporated by section 21.1 General orin's Martin County Code in the notice of violation the respondent was given until July 10th to correct the violation as was informed the need to contact Martin County Code Enforcement upon doing so compliance was not achieved and a notice a hearing was issued by certified mail on August 13 2024 and is marked as County's exhibit 10 the return receipt was not received therefore I posted the property and at the ministrative building the posting and the Affidavit of posting is marked as Count's exhibits 10 and 11 excuse me 11 and 12 okay before you go I'm looking at nine um the noov yes and I think think maybe I heard it wrong I think you said they had until uh July 1 yes not the 10th right no they it went went out June 10th okay I heard they had until July 1st okay got it okay go ahead on September um 11 and 12 yes there's my posting it's my Affidavit of posting y on September 17th 20124 I conducted a permit search a screenshot of the permit status is marked as County's exhibit 13 waiting on applicant I request that all County's exhibits be received into evidence and the owner has agreed to enter into a stipulated agreement I request that the respondent Lazaro cabalero be ordered to comply with the cited provisions of the Martin County Code by November 29th 2024 and if not in compliance by then be required to pay a fine in the amount of $100 every day the violation continues thereafter the stipulated fees in the amount of 350 have been paid in F full this concludes my test moment all right okay um all right so without objection I'll accept in evidence the counties exhibits 1 through 13 in this case and based upon the stipulation okay note that the respondent admits the violation as cited of section 105.1 permits required and um agrees to comply owner before November 29 2024 failing which you find in the amount of $100 per day will acrew and uh note for the record that $350 an administrative cost has been paid to the county and I have um a copy but it on the copy it shows that Lazaro cabalero signed on behalf of uh himself and Miss Switzer you signed on behalf of the county now the original is where uh it's being mailed okay all right so upon receipt um I will enter the the uh order um on the original okay okay all right okay all right I think that concludes that one let's see um next is the Heron case it's uh enf 2024 060 34301 um Catherine Haron and the estate of Edward Heron okay have a deed let me just look at that for a sec before you present okay well it looks like the deed is um is husband and wife so you just go against the wife in this case yeah corre I couldn't understand why the PA put it that way either if the husband is uh deceased so his his interest is extinguished if yeah right assuming that's accurate either way it's fine okay yes whenever you're ready my name is Kelly Switzer and I been sworn in I'm a code compliance investigator for Martin County the respondent Katherine Heron and Edward Heron estate is not present this case concerns a property at 6 646 Southeast Lake Circle Drive in Stuart Florida this case was not generated from from an anonymous complaint according to the official records of the property appraiser Martin County the property owners Katherine hon and Edward hon estate a copy of the Property Appraiser's record of ownership is County's exhibit one on June 17th 2024 we received a complaint regarding Tall Grass I inspected the property and found that the rear of the yard has o was overgrown at the time I photographed the property the photograph accurately shows what I saw then and is marked as County's exhibits two and three that's along the property line going towards the back of the property this is just an overall there's some high grass here in the uh around the tree based upon the investigation I issued a notice of violation to Katherine Heron and Edward Heron estate on July 11th 2024 and is marked as County's exhibit 4 in the not notice of violation I cited the far Martin County following Martin County code violations section 67. 20101 a nuisance declared weeds undergrowth General orin's Martin County Code in the notice of violation the respondent was given until um August 1st 2024 to correct the violation and was informed the need to contact Martin County Code Enforcement upon doing so compliance was not achieved and a notice of hearing was issued by certified mail on August 14th 24 and it's marked as County's exhibit 5 on August 13th 2024 I conducted a follow-up investigation um exhibits for my follow-up investigation are marked as counties exhibits 6 through 8 so this is the rear of the yard some more Tall Grass back there and then this is just the showing the neighbors's property versus theirs in the front the return receipt was not received therefore I posted the property and at the Martin County Administrative Building the posting in the Affidavit of posting is marked as County's exhibits 9 and 10 posting and my affidavit no call or letter from the property owner was received within the time allowed therefore I went to the property again on September 17th and saw that the cited violation had not been corrected at that time I photographed the property the photograph accurately shows what I saw then is marked as County's exhibits 11 through 13 so there's another picture of the rear and that's um along the fence line from the front and then there's another one on the other side of the home I request that all the County's exhibits be returned received into evidence and based upon the testimony and evidence I request that the respondent Cath Heron and Edward Heron State be ordered to comply with the cited provisions of the Martin County Code by October 31st 2024 and if not in compliance by then be required to pay a fine in the amount of $100 for every day the violation continues thereafter the county has incurred a cost in the amount of $575 conducting this investigation and request that the county be reimbursed this amount at conclusion of today's hearing okay anybody here on behalf of uh Katherine Heron or the estate of her husband Edward seeing no one um without objection I'll accept in evidence the Ken's exhibits 1 through 13 in this case based upon that evidence and your testimony I'll find that violation as charge does exist on the property in order compliance owner before October 31st 2024 failing which you find in the amount of $100 per day will acue and I'll further award cost in the amount of $575 to be paid to the county at the conclusion of this hearing have you had any any um contact with these folks not with her uh we just received a call from a relative who is going to address the issues she is not living in the home at the time at this moment but I have not heard from her directly all right okay okay um next is cutlip and Kohl's it's enf 2024 0603 87 the respondents are Richard C cutl and Agnes L Kohl's and what have we got ready I have you're ready okay my name is Kelly Switzer and I've been sworn in I'm a CO compliance investigator for Martin County the respondent Richard C cutlip and Ang Inus L Kohl's are not present this case concerns the property at 70 7110 Southeast Ridgeway Terrace in Hound Florida 33455 this case was not generated from from of anonymous complaint according to the official records of the property appraiser of Martin County the property owner is Richard C clip and Angus L Kohl's a copy of the Property Appraiser's record of ownership is County's exhibit one on June 177 2024 I inspected the property and at that time I observed overgrowth throughout at the time I photographed the property the photograph accurately shows what I saw then and is marked as Count's exhibits 2 through 4 this is the mailbox High grass around the mailbox this is weeds and overgrowth and then this is another angle around the mailbox based upon the investigation I issued a notice of violation to Richard C cutlip and Angus L Kohl's on July 12th 2024 the notice of violation is marked as County's exhibit 5 in the notice I cited the following Martin County code violation section 67. 2011a nuisance declared weeds undergrowth General ordinances and Martin County Code in the notice of violation the respondent was given until August 2nd 2024 to correct the violation and was informed of the need to contact Martin County codee enforcement upon doing so compliance was not achieved and a notice of hearing was issued by certified mail on August 8th and is marked as County's exhibit six the return receipt was not received therefore I posted the property and at the Martin County Administrative Building the posting and the Affidavit of posting is marked as County's exhibits 7 and 8 no call or letter from the property owner was received within the time allowed therefore I went to the property again on September 17th 2024 and saw the cited violations had not been corrected at that time I photographed the property the photograph accurately shows what I saw then and is marked as County's exhibits 9 through 11 so there's the Tall Grass this is the other side the other View and then this is just um around the trees in the front based upon a testimony and evidence I request that all the County's exhibits be received into evidence and request that the respondent respondents Richard C cutlip and Ang Angus L Kohl's be ordered to comply with the cited provisions of Martin County Code by October 31st 2024 and if not in compliance by then be required to pay a fine in in the amount of $100 for every day the violation continues thereafter the county has incurred a cost of of amount of $575 conducting this investigation and request that the county be reimbursed this amount at the conclusion of today's hearing okay anybody here on behalf of Richard C cutlip or Agnes L Kohl's seeing no one um without objection I'll accept into evidence the County's exhibits 1 through 11 in this case based upon the evidence and your testimony I'll find that a violation as charge does exist on the property in order compliance on or before October 31st 2024 failing which of F in the amount of $100 per day will acre of further award cost in the amount of $575 to be paid to the county at the conclusion of this hearing and it is so ordered thank you thank you thank you all right let's see this SBI here back and I weree you in before for the Morningside Commons case so whenever you're ready um this is case number enf 2024 03883 and the respondents are Dale p and gaale a coin my name is Maria espat and I have been sworn in I'm a code compliance investigator for Martin County the respondents GP coin and Gail a coin are not present this case concerns a property at 3097 Southeast Island Point Lane in Stuart Florida in Martin County Florida this case was not generated from an anonymous complaint according to the official records of the property appraiser of Martin County the property owners are Dale pcoin and Gail aoin a copy of the Property Appraiser's record of ownership is County's exhibit 1 on March 25th 2024 an expired permit letter was sent to the contractor on file for an expired permit BLD 2021 051 692 for a pool with deck the expired permit letter is County's Exhibit 2 on April 26 2024 I went to the property and left an expired permit door tag with the workers on site my inspection photo is County's exhibit 3 based upon the investigation I issued a notice of violation to the owners on June 17 20124 marked as County's exhibit 4 in the notice I cited the following Martin County code violation section 105.1 permits when required Incorporated by section 21.1 in the notice of violation the respondents were given until July 2nd 2024 to correct the violation and were informed of the need to contact Martin County Code Enforcement upon doing so compliance was not achieved and a notice of hearing was issued by certified mail and regular mail on August 9th 2024 and is marked as Count's exhibit 5 The Returned receipt was not returned therefore I posted the property and the Martin County admin building on September 4th 2024 I also checked if the work was ever done when I posted at the property the Affidavit of posting and the inspection at the proper property are marked as counties exhibits 6 and seven this is the pool with the deck so the work was done MH and number seven is the Affidavit of posting I reached out to the contractor on September 10th 2024 and they stated that they had some difficulty getting the owners to cooperate therefore I checked the permit status on September 17 2024 and saw that decided violations had not been corrected the permit status is Count's exhibit 8 it still shows expired I requested all of the County's exhibits be received into evidence based upon the testimony and evidence I requested that respondents be ordered to comply with the cited provisions of the Martin County Code by October 31st 2024 and if not in compliance by then be required to pay a fine in the amount of $100 for every day the violation continues thereafter the county has incurred a cost in the amount of $575 conducting this investigation and requested the county be reimbursed this amount at the conclusion of today's hearing okay so I I'm looking at exhibit six so the pool is basically completed basically I mean there it looks like it still needs to be plastered on the inside is that correct okay some inspections are still pending all right so and when the pool builder says he's not getting cooperation does that mean he's not getting paid um this permit is from let me look real quick 2021 and they expressed that cost has gone up and the invoice is now going to be higher and the owners have not made time to um so they may have changes contractual dispute or whatever yes all right um but the house is still under construction yes there's there's um a few permits that have been issued for they're doing a remodel along with other items all right yeah let me just ask you you've asked for compliance by October 31st correct um and basically all they have to do is renew the permit is that correct or they might have to apply for a new permit if it's already been renewed several times okay at this point yeah that's not necessarily our concern okay all right so anybody here on behalf of Dale P or gaale a coin looking out seeing no one without objection I'll accept in evidence the Count's exhibits 1 through eight in this case based upon the evidence and your testimony I'll find that a violation as charge does exist on the property in order compliance on or before October 31st 2024 failing which a fine in the amount of $100 per day will acrew and I'll further award costs in the amount of $575 to be paid to the county at the conclusion of this hearing and it is so ordered okay next one is the Bender case it's enf 2024 031 28701 and the respondent is Ken bender and whenever you're rri my name is Maria espia and I have been sworn in I'm a code compliance investigator from Martin County the respondent Karen vender is not present this Cas this case concerns a property at 3254 Northeast Highland Avenue in Jensen Beach Florida and Martin County Florida this case was not generated from an anonymous complaint according to the official records of the property appraiser of Martin County the property owner Karen Bender a copy of the Property appr Appraiser's record of ownership is Count's exhibit one on April 16 2024 I inspected the property at that time I observed a structure in the back similar to a shed being built without a permit at that time I photographed the property the photograph accurately shows what I saw then and it's marked as counties exhibits two and three is the permit history this is the building or shed I should say okay that's being built and exhibit 3 shows what's highlighted it's residential uh with a slab it's waiting on applicant okay so that means a permit was applied for but either they need more information or it hasn't been picked up in any case hasn't been paid it's never been issued they needed more information I issued a notice of violation to the owner on June 26 2024 marked as County's exhibit four in the notice I cited the following Martin County code violation section 105.1 permits when required Incorporated by section 21.1 General General ordinances Martin County Code in the notice of violation the respondant was given until July 26 2024 to correct the violation and was informed of the need to contact Martin County Code Enforcement upon doing so on July 16 2024 I spoke to the owner and granted her extra time to get the permit issued however compliance was not achieved and a notice of hearing was issued by certified mail and regular mail on August 9th 2024 and the notice is marked as count as exhibit 5 the return receipt was not returned therefore on September 4th I posted the property and the Martin County admin building the Affidavit of posting is marked as County exhibit 6 on September 17th 2024 the owner signed a stipulation agreement to be in compliance honored before January 31st 2024 and has paid the county an administrative fee of $350 I also request that all the couny exhibits be received into evidence okay all right so looking at the stipulation uh responded fre admits the violation and um agrees to comply on her before January 31st 2025 failing which you find in the amount of $100 per day will acre and um note that the respondant has already paid the $350 in administrative costs in this case stipulation is signed by Karen Bender behalf of herself and um Miss espot on behalf of the county find that it is appropriate to enter the agreed order in this case and so order did did I say without objection on accepting inevidence the exhibits one through six in this case I may or may not not sure I don't believe so okay we'll do it again so that's so ordered as as well all right um this is the not case is in k o TT and uh it's case number enf 2024 5421 the respondents are David and Carly not and whenever you're ready this is also a stipulation case okay my name is Maria espot and I have been sworn in I'm a code compliance investigator from Martin County the respondents David not and Carly KN are not present this case concerns the property at 112 noreast 15 terce in Stuart Florida and Martin County Florida this case was not generated from an anonymous complaint according to the official records of the property appraiser of Martin County the property owners are David not and Carly KN a copy of the Property Appraiser's record of ownership is County's exhibit one on June 5th 2024 I inspected the property at that time I observed some High Grass trash and a refrigerator on the property at that time I photographed the property the photographs accurately show what I saw then and are marked as counties exhibits 2 3 4 and five let me zoom in for you um here's the trash a little bit of High Grass back here okay three the refrigerator is right here behind the truck different angle of the trash four high grass in the front and here there's some mattresses and five the mattresses behind here you couldn't see it but there was uh a patch of High Grass behind the fence based upon the investigation I issued a notice of violation to the owners on June 17th 2024 marus County's exhibit 6 in the notice of violation I cited the following Martin County code violation section 67. 20101 pointb trash nuisance declared General ordinances Martin County Code section G2 46.3 outdoor appliances Florida building code General ordinances Martin County Code and section 67201 a nuisance declared weeds undergrowth General ordinances Martin County Code in the notice a violation the respondent was given until June 21st 2024 to correct the violation and was informed of the need to contact Martin County Code Enforcement upon doing so compliance was not achieved and a notice of hearing was issued by certified mail and regular mail on July 24th 2024 and is marked this County's exhibit 7 the owner called me and stated I could inspect because he was ready therefore I went back to the property on August 19th 2024 and I took a few pictures but could not get a picture of the yard because the owner was not home and the gate was closed as I was headed to get uh yard pictures from the Block behind his home the owner pulled into the driveway I told him the front yard was no longer in violation but I needed a picture of the yard since I had prior photos showing High grass from street view he stated it was modowe I explained I had already had pictures showing it was had high grass and I would need it to close the case he he opened the gate and as I picked up my tablet to take a photo he immediately closed the gate before he closed the gate I took a quick glance and saw that the grass was not mowed when I left the property I went behind to see if I could get a picture from the street view of the yard and found there were many more violations that could not be seen from the front of the property with the gate closed I found more High grass in the yard more trash container without a permit a shed with electricity without a permit and an inoperable boat and a coupe with chickens or roosters at that time I photographed the property the photographs accurately show what I saw then and our markest counties exhibits 8 through 15 this is the front nine he he mowed most of it 10 refrigerator was gone cleaned up it looked better 11 is the back of the property I'll zoom in for you the grass was growing higher than the fence in different areas it was higher than others the chicken coup is here you probably can't see it but there were chickens in there or roosters there's a container right here and just trash everywhere number 12 is a different angle of the same violations shows the boat on on the ground 13 now you could see the two boxes the containers more Grass more trash 14 is the shed blue shed right here and 15 is the map so you have an idea of what you're seeing this is the back road that's right away the two containers the shed the trash and the grass later that same day the owner sent me an email Emil when an attachment asking for a 30-day extended extension I'm sorry I responded that I would amend his notice of violation and notice of hearing for the September 18 2024 hearing it could not remove him from the docket until he complied the email is County's exhibit 16 the email is dated August 19th and the hearing was about 30 days later so technically his extension was some somewhat he did receive it okay on August 21st 20124 an amended notice of violation and amended notice of hearing for the September hearing were both issued by certified male and regular male the amended notice of violation included the new violations of section 105.1 permits when required Incorporated by section 21.1 General ordinances Martin County Code section 3.26 household pets horses other animals Land Development regulations Section 91. 34A generally inoperable Vehicles General ordinances Martin County Code the amended notice of violation and amended notice of hearing are marked as County's exhibits 17 and 18 17 is the amended notice of violation 18 is the amended notice of hearing the return receipt was not returned therefore on September 4th 2024 I posted the property and the Martin County admin building the Affidavit of posting is marked as County's exhibit 19 the owner entered into a stipulation agreement with the county and agreed to be in compliance honor before December 31st 2024 the owners also paid in full and administrative cost of $350 to the county I request that all of the County's exhibits be received into evidence okay um let's see all right um so I'm looking at the stipulation and um respondents freely admit the violations and they have agreed to comply by December 31st 2024 failing which to find in the amount of $100 a day will acrew and they have paid $350 in cost to the county so far so um without objection I am going to accept inevidence the Count's exhibits 13 19 based upon the evidence and the stipulation I'll find that it is appropriate to enter the agreed order and note for the record that David not and Carly not have both signed or each signed on behalf of themselves and Miss espot you've signed on behalf of the county okay thank you okay this bradle okay uh three cases left if you raise your right hand do you swear affirm the testimony about to give will be the truth the whole truth and nothing but the truth so I'll help you come I do all right okay this is case number enf 2023 08731 the respondents are Donald E and Bonnie d cotton yes sir whenever you're ready okay this one's a little different so my name is Rachel Spradley I'm in sworn in I'm the nuisance baitman coordinator from Martin County this case concerns the property located at 7003 Southwest Wisteria Terrace in Palm City Florida so this property what it is Mr nicoletti is and I'll show you the property appraiser just to show that Mr and Mrs cotton are the owners um they came in we entered into a stipulation agreement with them back in March of 20 or March 20th of 24 they were to be in compliance by August 30th of 2024 however they had to go for a variance on their property okay which they have since applied for so we are actually granting them an extension off of their original stipulation agreement they have have resigned a new stipulation agreement to be in compliance by December 30th of 2024 to have their permits issued for the above ground pool tennis courts and the metal accessory structure that they have built on their property okay and do they have any other administrative um things that have to occur before it's going through the variance so they just applied for their variance August 26th yeah of this year I believe it's 30 days but I can look it up for you if you want to give me a second I have it pulled up um I think it would be good to know that because I don't you know I don't want to um amend the agreed order and then find out that it fails again so yeah I could point out though that the the agreed order was made in March right and they sat on it till August to yeah I I I understand it's just that if um if they have to get a variance to do this and and let me just ask does the stipulation Envision what happens if they don't get the variance they still have to come into compliance yes sir so they'd have to remove the items all right because they won't get their permits without them they also have a pamp on their property um the because it's so new does not have any of the information in it yet for the variance okay all right well they've agreed to it this way so I'm going to find that it's appropriate to enter it but it it's just kind of curious that um that they waited so long I guess yeah and the only ones I actually had contact with was their Engineers okay all right so uh there are two exhibits the property appraisers report and the um I guess the it's the original recorded stipulation recorded stipulation okay let me just quickly look at that and let me just see okay we' given them until August 30th all right actually they gave themselves that okay go ahead down a little more all right okay all right so um I'm going to accept inevidence exhibits one and two in this case uh and find that uh it is appropriate to extend out the stipulation and agreed order until um until December 30th failing which U the fine in the amount of $100 a day will acre uh did you require additional cost in this case you did not no sir all right so there are no additional costs it's let me just get exhibits One and2 $0000 A Day No costs okay I'm going to go ahead and approve the stipulation not for the record that it's um signed electronically by uh Donald E cotton and by Bonnie dansy Cotton On behalf of themselves and Miss Broadley on behalf of the county thank you MH all right Officer Bush if you raise your right hand do you swear or affirm the testimony about to give will be the truth the whole truth and nothing but the truth so help you got yes sir I do all right this is the Torres case it's enf 224 05443 d01 alfredo and Celia SoDo Tores and that's a stipulation yes sir and what have we got in this case my name is Tama Bush and I have been sworn in I'm a co-compliance investigator for Martin County the respondents Alfredo Torres and and Cilia sto Torres is not present this case concerns the property at 5694 Southeast 47th Avenue and Stewart FL order 34997 in Martin County Florida this case was not generated from an anonymous complaint and according to the official records of the property appraiser of Martin County the property owner is Alfredo Torres and Cecilia stto t i I think Celia Celia Soto Torres okay a copy of the Property Appraiser's record of ownership is County's exhibit one all right on May 20th 2024 I inspected the property and at that time I photographed work that was completed without permits and at that time the photographs actually shows what I saw then and it's marked as coun as exhibits 2 and three and an area photo is marked as count as exhibit four Exhibit 2 is the pavers okay and then also um the on that was placed up with no permits um the windows are in and there are some columns here there's a new fence this also showed the windows and doors um the aerial view shows there was a pool additional pavers a screen enclosure and there was a hot water heater in the shed based upon the investigation I issued a notice of violation to Tores Alfredo Torres and Celia sto Torres on June 12th 2024 Martin this count as exhibit 5 and the notice I cited the following Martin County co- violations sections 105.1 FBC permits when required Incorporated by section 21.1 General ordinances of Martin County Code and the notice of violation the respondent was given until July 12th 2024 to correct the violation and wasn't informed of the need to contact Martin County Code Enforcement upon doing so compliance was not achieved and a notice of hearing was issued by certified Mel on July 23rd 2024 and is marked this County's exhibit 6 additional time was granted to comply and a notice of hearing for today's hearing was made mailed on August 14th 2024 and it's marked this Count's exhibit 7 exhibit 6 is the original notice of hearing exhibit 7 is the amended notice of hearing um the return receipt was not received in the property and Cy's Administration was posted on September 5th 2024 and is marked as County's exhibit 8 okay and just for the record all of the violations for the permits have came into compliance with the exception of the pavers okay the patio in the rear or the enclosure screen enclosure and one more what about the shed it says um on the recommended order or stipulation and recommend womit do I have the right case yes I do it says um installation of shed screen room and pavers yes those are the remaining violations okay all the other items have received a permit and final all right and this is a stipulation yes sir okay on September 11 2024 the own owner entered into a stipulation of agreement the owner agrees to come into compliance with the cited provisions of Martin County Code by November 29th 2024 if not in compliance by then be required to pay a fine in the amount of $100 per violation per day for every day the violation continues thereafter the owner has paid the agreed administrative cost of $300 okay I'm sorry you said three 350 350 sorry 350 okay I know that's the all right so um without objection I'll accept into evidence the C's exhibits 1 through eight in this case looking at the stipulation I see that um they have freely admitted the violation and and U agreed to comply honor before November 29th 2024 failing which of find in the amount of $100 per day will acrew and um they have paid $350 in administrative cost to the county the stipulation is signed by um both Alfredo Tores and Celia Soo Tores and um um also miss Bush on behalf of the county okay so I'm going to go ahead and approve the agreed order thank you sir MH all right okay one more um let's see this is enf 20249 76-01 and it's the Harold Gregory Bach revocable trust and uh Harold Gregory Bach trustee and IR this is a repeat violation case uhhuh okay repeat okay what have we got my name is Tama Bush and I have been sworn in I'm a C- compliance investigator from Martin County the resp funded GRE Gregory Harold Bach revocable trust and Harold Gregory Gregory Harold Bach trust D is not present this case concerns the property at 8730 Southeast Island Way in Jupiter Florida 33458 and Martin County Florida this case was generated from an anonymous was not generated from an anonymous complaint according to the official records of the property appraiser of Martin County the property owner is Gregory Harold Bach and Gregory Harold Bach trustee a copy of the Property Appraiser's record of ownership is counties exhibit one okay a copy of the original order not to repeat violation is County's Exhibit 2 all right 1.94 is what or you're going to well you're going to probably talk your way through it anyway I'm going to see the photos go ahead um September 4th 2024 I inspected I'm sorry I inspected the property and at that time I observed the property overgrown and not maintained okay oh ahead at that time I photographed the property the photograph ACC shows what I saw then and is marked as counties exhibits 3 through 8 couny exhibit three is a photo of the front of the property four is the same a closer view exhibit five exhibit six is the actual lot exhibit seven is another angle and exhibit 8 based upon the investigation I issued a notice of re repeat violation to Greg gory Harold Bach revocable trust and Gregory Harold Bach trustee on September 5th 2024 mark this County's exhibit 9 and the notice I cited the following Martin County code violation section 67201 A we's undergrowth nuisance declared we's undergrowth General ordinances of Martin County Code and the notice of violation the respondent was advised to come into compliance immediately and was informed of the need to contact Martin County Code Enforcement upon doing so simultaneously a notice of repeat hearing was issued by certified mail on September 5th 2024 and it's marked this County's exhibit 10 the exhibit 9 is the repeat notice of violation and exhibit 10 is the repeat notice of hearing I went to to the property again on September 17 2024 and saw that the sded violations has been corrected and these are the compliance photos to be entered as exhibits 12 through 14 okay go ahead M on the 17th all right that was it and what's the date of those yesterday 17th sir 17th I received a call from the owner advising that the property would be cut a mode and to reinspect as of uh Tuesday I went back out and not reinspected which was yesterday we just discussed and I noticed that it was in compliance however it is still a repeat violation I did uh leave a notice I mean a voicemail for the owner I have not spoken with the owner however okay well um doesn't relieve them of the obligation of being here for the no sir there was no conversation like that right no sir no sir okay all right I request much interjected review of the county records indicate that this responded was cited three times previously for the same violation on all three occasions he was he was given a notice of hearing and on all three occasions a day or two prior to the hearing he came into compliance the last one of those occasions is when we ENT we asked for the uh do not repeat order okay and also miss Bush if could also uh go to exhibit 11 and enter it please your affidavit got skipped exhibit 11 is the Affidavit of posting which was posted at the property the property was posted and also the County's Administrative Building on September 5th yes sir all right and and you observed this on the 4th on the fifth on the fifth F I'm just looking at may have said the fourth well no it says exhibit 3 94 24 four on the fourth I'm sorry it was okay in the order okay so you saw it on the fourth and so that's what 13 days of violation 13 yes should I continue yes please I'm sorry I request that all the County's exhibit be received into evidence based upon the testimony and evidence I request that the respondent um Gregory Harold Bach revocable trust her Harold Gregory Bach Gregory Harold Bach trustee be ordered to pay a fine in the amount of $3,000 for the 12 days the property was not in compliance and that the county has incurred a cost in the amount of $575 conducting an investigation and request that the county be reimburse this amount at the conclusion of today's hearing okay um I might amend the officer's request to to indicate aing amount of $3,250 because we actually determined it's 13 days not 12 is was uh originally in a presentation well let's see you don't count you count the day of compliance yesterday you begin counting the day after observation so begin on the fifth the day it's observed right on that is the fourth fourth so fourth two three four five are we using fingers and toes I hope 12 13 14 well from the 4th to the 17th is 14 days and for the record I'm not using my finger I'm using a pencil oh okay that's pretty amazing for a lawyer because usually we use fingers you know um all right I'm I'm going to keep it at the 13 Days 13 days and so let's see what that is 13 days so $230 actually that's a that's a deal okay I'm I'm going to find that um based upon the evidence and I am going to accept into evidence the County's exhibits 1 through 14 in this case that a repeat violation does exist on the property and I'm going to um um allow a fine in the OR Levy a f in the amount of $3,000 uh to be paid to the county at the conclusion of this hearing along with $575 in additional cost in this case and um $3,000 represents about somewhere in the neighborhood of like $230 a day for 13 days if that's if that's what it if somebody's actually trying to figure out what that looks like but but the lump sum is uh remains so it's $33,000 in fine $575 in costs and let's see let me just see I'm looking at that order I'm going to inter lineate this a little bit just just so the $3,000 is clear okay thank you sir all righty um good uh let's see our next hearing is I don't have that date either 16th of of October okay and also uh before we close I've got a set of minutes for the August 21st uh Hearing in front of me I have reviewed them um and I am going to um approve and enter those um minutes as well and note that they signed by um the staff recor Jillian Cain and um and code administrator John colando as well and all right that concludes um our hearing um we'll see everybody uh on August 16 or um October 16th I'm sorry at 10: a.m. thank you thank you 9:00 a.m 9:00 a.m. this is the count