##VIDEO ID:VlW4usmHs6g## [Music] [Music] [Music] [Music] [Music] n for [Music] [Music] [Music] [Music] [Music] oh [Music] [Music] [Music] [Music] good afternoon my name is Sherry sein and I am the seol County Magistrate and the way the process works is the county will present its case first and it will present any evidence and testimony that it has um if you are here as a respondent you will then um be able to cross-examine any of the counties Witnesses at that time but you will not be able to present any Witnesses or evidence of your own until it's your turn to go once the county has arrested its case it will then be your opportunity to provide any Witnesses or testimony and evidence that you have um when both cases have closed I'll make a decision here today uh if you're here for a first time violation you and you are found in violation you stand to have a penalty of up to $250 a day imposed for each and every day that your violation remains after the time frame that you're given for correction if you're here on a repeat violation you stand to have up to a 500 $100 a day penalty imposed for any uh violation that continues after the time period that you're given uh to come into compliance um if you do have a copy of the agenda please bear with us we don't go in order we uh have a Rhyme or Reason to the way that we call cases uh if you are here you will be called I urge you to check in with the county have you not done so already and um we'll go ahead and get started with our first case so I'm going to call case 2465 cesm first I believe that case is represented by attorney Greg Wilson your honor yes SAR in we yeah we will definitely swear in okay thank you thank you I have it here this okay okay I want ask cour to give us some time okay we're going to go ahead and swearing Witnesses for this case do you have any witnesses that you need to swear that you need SW in I do but I'd like to address the court first okay okay my name is Greg Wilson and I would ask for an extension of time for this hearing and the reason is that I applied to the orange count or the Simo County Commissioners to make a determination as whether you have jurisdiction or this uh this uh not just you but anybody here has a jurisdiction to determine this case uh because of uh the nature of it it's a residential property and uh the rules regarding the jurisdiction of this court says that they can't deal with uh nonresidential I mean the only deal with non-residential property oh no that's not correct I deal with residential property every month well I'm referring to so the record can show it then section three which is uh 3.21 it says code enforcement special magistrate rules of procedure and number c it says the special magistrate has jurisdiction to hear violations of all codes and ordinances of Simo County with re respect to nonresidential Properties or uses and what we're dealing you know I don't know whether you're not familiar with this but I'll show you a copy of it special magistrate U if I may sure absolutely Deputy County attorney Naya Bard uh Mr Wilson is failing to read the second sentence in the jurisdiction under 3.2 of our Administrative Code which states that the county attorney or his or her design or the sheriff or or his or her designate is authorized to assign cases to address backlog or cases that are factually and legally complex the county attorney's office has determined that this case before you is factually and somewhat legally complex for other reasons not because of the violation but for other reasons that you'll hear and so the county attorney's office requested that you hear this case specifically pursuant to this section of the code as you also know under Section 53. eight of the seal county code the code enforcement special magistrate May exercise any and all authority granted to the seal County Code Enforcement board under chapter 53 of this section so you do have the authority to hear any and all cases um and this has been specifically assigned to you by the county attorney's office thank you can I show this to the court and approach sure because all I know is what I read Jud and what what are you what are you showing me it's called SE County administrative okay do you I'll just show just so you can see what he's provided yes I've already talked to them about it they're aware of my position okay based on the information provided um the document you provided and also the um code sections that have been cited by the county attorney's office I'm going to go ahead and accept jurisdiction of this matter so I'm not going to continue we're going to hear it today yes ma'am okay so do you have any witnesses that you would like sworn in um just my car okay so everyone who is going to provide testimony on either side if you'll please stand and raise your right hand do you solemly swear or affirm the testimony you're about to give to be the truth the whole truth and nothing but the truth I do I do okay thank you we'll go ahead and get started with the County's case thank you for the record Mary Robinson planner and code enforcement officer for seminal County development services this is a violation at 322 North Shadow Bay Boulevard SE Longwood seal County Florida the violation charge is from the seminal county code of ordinances part 10 maintenance of County storm M system section 270. 414 the description of the violation is filling existing manholes and drainage pipe with concrete this case summary is the initial inspection took place on April 23rd of 24 the notice was sent to respondent on July 8th of 24 with compli iance stes of July 22nd 24 and 87 of 24 following up inspections were on August 9th 24 and September 9th of 2024 the result of the reinspection was that the concrete pipe remains filled with concrete and as to the manholes this is the uh property record card from the seal County property appraisers office office showing that the subject property owner does reside at this address this is a posting of the notice of violation and an accompanying letter that uh stated that the um violation had an additional time for compliance uh this is the Affidavit of service to Mr Wilson the violators um attorney it was hand delivered on September 6th 2024 this time uh n NASA Boker to the county attorney's office will uh continue the presentation thank you Mary uh nesa borker Deputy County attorney the property owner here is being cited under section 27414 of the seminal County administrative code it states as follows activities which are found to cause negative impacts to interconnected to the interconnected storm water system and are therefore prohibited include the following vandalism or otherwise causing damage to pipes and or drain drainage structures this section goes on to list other items that would violate this section of the code however here today we're talking about specifically vandalism and damage to an existing storm water system as a pro as the following presentation will show the property owner caused damage to drainage structures and pipe by hiring a company to fill manholes and a connecting pipe with concrete the property owner has asserted to the county that she has a right to do this because the drainage facilities are located on her property however this argument fails because the definition of the interconnected storm water system is as follows the interconnected storm water system is defined as all natural and man-made water bodies dry lake beds retention and detention ponds pipe systems and support structures located in the Incorporated and unincorporated areas of seminal County or which are even located outside the boundaries of seal County and flow into seal County so as you'll see by the definition there is no requirement that the drainage facilities be located on public property or private property property it does not matter it includes all structures within the county which makes sense because the overall purpose of this section is to protect the system and if the systems interconnected then one blockage will cause blockage to the entire system and significant issues we will discuss how the system works the private system in this case is the private storm water system in this development we're going to discuss in our presentation how the system works so you can get a better idea and why um the violation that's occurred here is um particularly significant now I'm going to call up Joe Parish who is the water quality program manager he is also the county staff member who first investigated the complaint that came into the county to provide us testimony hi good afternoon I'm Joe Parish I'm head of the water quality program under the Environmental Services Department on March 13th of this year is that on the next slide so on March 13th of this year we received a complaint forwarded it to us from d in which they had received a complaint uh regarding a letter they had received uh the letter from a homeowner in Shadow Bay uh indicated that they were advising they could close the pipe off and we'll have a drain problem that will back up on the road and properties and so we were called to look into this we notified buildings and looked into it as best we could remotely but at that time we had no cause to visit the property on April the 23rd we received notification that the property was being acted on the concrete was actively being poured and I and my team arrived on site and were able to take pictures of the pour in the fill and so this is taken from the RightWay uh of the property and the company and these are the two manholes that have been filled with concrete at the back of the property this pipe leads through the property to a detention Pond and that detention Pond had plastic in the pipe to prevent the concrete from getting into the detention pond so the pipe roughly runs from that bit of plastic all the way through the property uh the border between the two properties it and the adjacent property is roughly at the fence line between the two and the pipe runs roughly from the back of the property there with the two gentlemen in the picture all the way to the front special magistrate I I forgot one thing um and I'll just interject here the county has submitted its PowerPoint presentation into the record it's also submitted a witness list and um a binder which has been given to the property owner the binder includes an index and all the information that's been that has been or will be referenced in this presentation all the documents are included in this binder um the letter that was just referenced by Mr Parish the letter from the Violator to the a um to the neighboring Property Owners is tab one the report that was prepared by the seminal County watershed management Complaint Form by Mr parish is in tab two and so are the photographs that are in the PowerPoint there's also some additional photographs in there um and then the notice of VI ation is tab three with the letter to the property owner and um that Miss Robinson mentioned and then um it goes on to photographs with Miss Robinson we'll talk about now and then some of the historical um information for how this the 20ft drainage easement where this the drainage facilities are located how it came to be okay so as we go through this if you'll stop in between and indicate for the record which tabs that you're referring to like you just did and you went through those few tabs that would be great um and then I will ask you if you have any objections to what's being submitted as once everything is submitted that's how we handle it here it gets all submitted first and explained as to what it is and who has done that and then if you have any objections you can put those on the record um but otherwise that's how I handle my process and I'll do the same with your information I'll accept it from you you will put it on the record and if the county has any objections can I cross-examine the witness you absolutely can cannot you can yes if you if you you want to do that now each witness as they come certainly okay Mr Parish correct yes Mr Parish you you said that uh you had a picture up here with some plastic and a pipe and you said that was a pipe running from what I was told that was the pipe that runs from where the concrete is being filled in to the storm water inlet that's located in the easement in front of the property and who told you that uh I believe the property owner my client here okay uh have you ever gone back again and see if there's a pipe there I have not okay uh so whoever may have told you that you believe it's my client who just said no um we don't know that person do we get a name and an address take a statement from them I did get a name and it was introduced as your client when she spoke with me on site can I say something not now okay okay did you ever check out and see if that pipe was the pipe that came from the drainage system next door versus the one that was my client was alleged to be filling in I did not do you know whether that pipe in fact is from the de next door drainage and behind the house next door on Lot 8 versus behind the house on lot 7 no do you have a picture that we could see other than sideways to show us which house it's behind unfortunately I didn't take better pictures of that particular pipe and the perspectives on it okay so other than what you recall my client telling you about that pipe coming from her drain those drainage what do you call those things manholes manholes uh you have no proof that that pipe in fact went to those manhold are vice versa correct I do not does anybody I can't speak for the rest of the team at the moment I'm only in the water quality program so I don't have those kind of details okay so do you have any idea by looking at the manholes when you were there whether they were functional no do you know anything about the history on lot S as far as who put those manholes in I do not do you know anything about a drainage system on Lot 8 next door which is part of the same uh drainage system your client indicated that there was a drainage system that ran through the plot next door and under her property and the what and under her property okay but your recollection is she said that one you looked at is the one that was uh coming from the manholes you inspected it was specifically indicated that the plastic was in place to keep the concrete from going into the retention Pond I'm sorry I don't understand say that again please the plastic was put in the pipe I got you I didn't hear the word plastic or understand it okay that do you have a question okay thanks sir I have some questions if you'll in tab two if you will go to the first picture um that you all showed originally you can stop there and then you can go through them um where the fence gets oh go back to where you were okay the where the fence gets taller um there's something on the ground right there what does that look like plastic sheeting okay and then the next picture is the concrete truck oh wait now I'm next okay and now we're a little closer in this picture what does that look like to you that is the back of the concrete truck with the Chute they were offloading the concrete into wheelbarrows right and then the the piece of plastic I think is in the same spot that you identified as a piece of plastic yes and then if we go to the next picture I think you can see it is that you believe plastic and then the next picture oh that's not the one I have there's another one yeah there's some additional pictures in here that weren't not there but maybe go flip through a little more next next there that looks to be the same type of material yes okay all right yeah thanks sir again for the record Mary Robinson planner and code enforcement officer for development services of seminal County this picture was taken on August 8th the day that I posted the notice of violation at 322 North Shadow Bay Boulevard the next slide this is another uh photograph I took on the same date August 8th 2024 of North Shadow Bay Boulevard so is this can you tell me where that is in relation to the property the subject property let me go back okay the White House in the background is the subject property oops I went too far and this was the back of the truck was parked in the driveway of 322 North Shadow Bay Boulevard I believe I'm looking South which is the subject property yes okay yes and tell me where the the subject property is in relation to this photo trying to recall um let me go to my picture so I can get some orientation this might have been one of the side streets um I believe this is one of the side streets just a little bit past the subject property and to the right I don't so you can see this is taken looking you can see the subject property It's Pat the car that's in the foreground but the further is a subject property on the left okay so it's further down the street and again this is in the vicinity I think the house in the picture is the next door neighbor and I would like to say for the record that prior to coming out to this site on September 9th from roughly July forward there were numerous emails received from neighborhood res residents that were submitted to SEO County and also submitted to SEO County Sheriff's Office Port uh code enforcement portal that were forwarded to me and others Mary what were the subject matter of those the subject matter was of the flooding taking place in shadow shadow Bay and that a drain pipe had been filled and manholes had been filled so have prior to to the manhole being filled in April had um you experienced flooding like this in this area myself personally no I have was not witnessed to that or any of that information shared with me okay again these are uh this is the subject property 322 North Shadow Bay right there at the White House again just another for reference picture of the flooding and the subject property and that will conclude my uh summary of the photographs and I'll answer any questions if so choose M Robinson you were only out there this one day is that it I was out there two days August 8th and SE setember 9th okay had you ever been out there in years previous to this when it was flooding no I had no cause to be out there in years past okay did you ever go behind that house that you've been looking at the pictures with the fence by it and see whether there's a drain going out into that little Pond I did drive around the corner and see the retention Pond but I did not get out and investigate if there was a drain pipe there so you didn't know but I've seen drawings that do show the pipe going into the the pond from which house eight or nine seven or eight in my opinion it seems to straddle the property line there's a 20 foot eement that runs between the two homes okay but and we'll get into that detail you say straddles the property what I'm speaking of the eastment I'm talking about where the pipe was but was it behind lot seven or behind Lot 8 I can't answer that okay uh I've been out there to look at it if I say it's behind Lot 8 would you believe me objection relevance relevance that's what we're talking about here whether there's well the fact of whether or not I believe you is not relevant yeah well well are you asking the questions or are you testifying I'm asking the question the way I'm asking it man so let's just ask the questions okay would you believe me if I said it was behind Lot 8 instead of lot seven I would take your opinion and uh consult with Professionals in my office to get an accurate determination okay has anybody that's testifying today seen it and know which lot it's behind I can't answer that okay are you aware that on Lot 8 there apparently for years was a drainage system going out into that whole Pond behind I can no but the violation is filling a pipe well if the pipe had no function and if the pipe some of it was on her property not on the easement can we get order I'm sorry turnup they're laughing and I can't hear what he's saying this group of people I'll keep order okay ma'am thank you sorry joh do you want me to repeat that question yes please were you aware uh that uh on Lot 8 there was a system uh storm water system that went into the pond out back no sir okay were you aware that on lot seven those particular uh drainage bins and the pipes were not going anywhere they were hooked up to nothing no okay does anybody in your investigation have any information about the drainage system that's gone down lot 7 for some 20 years or more yes and that will be presented who that in this case who would that be our development review manager okay are you aware in talking to you your development review manager that in fact the drainage system was on lot seven not Lot 8 yes it was on lot lot seven your person you're referring to knows that I believe he does but I think that's a question you need to ask him well I will but you're the chief investigator and I can find out what you know I think if you know it uh did you know that one of those drains uh that was filled in with cement was partially if not half on my client's private personal property not part of the easement it's my understanding the entire system was in the easement okay so if I told you that you'd say I'm wrong is that correct I wouldn't say you were wrong but we would have to do a field verification okay well that might be worth doing um are you aware where that uh the well let me ask you this was there any type of a plan or system filed with anybody to your knowledge about that storm water drain system whether it was on seven eight or both yes I think with the original development there was some plans that were you looked at them yes and what do they show I'm going to defer to our development review manager to answer that he's is a professional engineer okay um are you aware whether any permit was ever pulled by anybody to put a storm water drainage system on lot s or eight that I can answer and I have been informed that there was no permit pulled by the contractor to install the pipe are you aware that the drainage easement that the people in the Condo Association are claiming they have uh that that particular uh drainage easan is completely nonspecific about what responsibility belong to whom on that drainage easement are you talking about the drainage easement between Lots seven and eight of Shadow Bay yes ma'am well you said the condo so sing Association has an easement correct on seven and eight for drainage purposes 10 ft on one 10 feet on the other correct no I don't think that's correct I don't think it's the Condominium Association but there is an easement shown on the plot and there is a deed that is referenced okay Whoever has it whether it's Condominium Association or back at the time it was given it was another name there's there's a um some type of an explanation as to what's being given correct yes and what is there any explanation as to who has what responsibility where who can do what when or who has the authority to do anything I don't recall seeing that okay doesn't it in fact just say drainage easement yes okay what does that mean drainage easement is move is there to move potential water okay who's going to take care of it in case there's problems that is a good question so it needs to be addressed who would take care of it and there was no permit drawn to even come up with that correct correct and that's what you're trying to enforce correct we're enforcing the violation of a drainage storm water system okay of our code which is nonspecific correct doesn't say what it means what what means a deed are you thought speak eement means does it mean lot seven and lot eight had to take care of it did it mean this condo association well you're talking about what the drainage and then you're talking about maintenance ma'am I'm trying to explain it to you you inter interrupting me please is there anything anywhere explaining what that drainage easement means objection relevance I don't understand the relevance of this line of questioning the violation is damaging a storm water system a manhole and a storm water pipe is part of a storm is part of a storm water system who legally owns owns it whether it's public or private that is of no significance in this matter damage was done to the manhole and the storm water pipe it has resulted in excessive flooding and I do not see the relevance of this line of questioning do you have a point well the point is somebody at some point gave a drainage easm to somebody it was by the plat obviously well a plat isn't a deed drainage eement no but it's platted and plats would the plat would control so let's move along if you have something else that you want to ask related to the drainage that that is in violation or that they're they're claiming is in violation then I'm I'm fine with you asking that but she has indicated to you that she doesn't know how the easement is granted so for you to continue to ask her questions about how the easements granted she has said she doesn't know so if you want to ask someone else the questions that's completely fine or if you want to move on to something else with this witness but I can tell you that the easement is granted by a plat and I can tell you that without seeing anything so if you're correct the law is a plat can't Grant an easement cannot what plat cannot Grant an easement really yes ma'am I've never heard that before do you have that law with you that a plat can't Grant an easement I'd be happy to give I would it's got to be a deed okay I would I'd certainly like to see that because I get it for the was unaware of that hold on let me make a note okay do you have any further questions for this witness just one second who is the person you said that would know the answers to these questions so I can make a note of it our development review manager has details on the drawings and the placement of the pipe and Etc is he going to testify today yes he is what is his name Vladimir seski I know Vladimir thank you thank you ma'am that's all I have thank you and I apologize for the record um Miss Robinson was talking about Tab four that includes the flooding um pictures of the flooding tabs and the next um items on the on the PowerPoint will will reference which tab shows which plan um the only one that isn't referenced there is uh number five tab number five which includes surveys of lot seven that were um discussed with the county by the property owner that she obtained for her property okay at at previous meetings up until this hearing okay now Vladimir simovski is going to come up and discuss the history of this property and the prior permitting and approvals good afternoon everyone for the record Vladimir simonovski I'm a professional engineer development review engineering manager with the public works department with SEO County so uh I'm going to present some of the technical information on this uh they will relate to some of the questions that M Mr Wilson just had and this is going to be related to some of the plot and the history of the project and how it started from inception to final completion so these are the findings of the development review engineering division what you see on the slide is basically the shadow Bay Community was planned in three phases or three units as they were called on this plan unit one was built on the outside of the community main entrance and consist of single residential units unit two which is presented on the slide which is referenced in tap 13 was built on the north side of the community main entrance and consists of town homes that were built in two phases phase one to the South and phase two to the north and they're divided on that slide unit 3 was built west of the unit 2 which is shown on the right hand side of the of the slide where the ponds are and it was planned to consist of four condominium buildings and to be built in one phase only two of the four buildings were constructed and the remaining of the land was developed into 10 Single residential units as we will get into that the storm water management system for the unit 2 and three was master plan and constructed as part of the unit to development in 1984 and that's being shown on the slide like tab 13 this system consists of two subsystems which is the storm water conveyance system which consist of pipes swells inlets Etc and the storm water treatment which consist of retention detention ponds and there you can see them in the right hand side of the slide the rainfall runoff from the West drainage subbasin which is approximately 12 acres which is entirely consisting of the uh second phase the North north side of the of the development and partially of the first phase which is the south side is conveyed to the north detention Pond which is tractate depicted in the on the North side on the right hand side on that slide and this is recorded and this is through uh 24 in pipe located in the 25 wide drainage eement now the drain a eement is depicted on the unit 2 asbo plans from June 1984 which is a exactly the same slide and recorded in plat book 45 page 81 can we move to the next Slide the same drainage eement is depicted on the unit 3 construction plans from the February 1985 shown on that toab 12 the next I'm sorry on the same slide and Lakeside of Shadow Bay Community plot from September 1985 which is going to be the next slide so that's the plot for the site when it finally received the name vad can I ask you a question here uh the highlighted area that's shown um can you explain what that is the two highlights and and there were areas highlighted on the prior slides to the highlighted area on all of these slides dep pigs the 20 foot wide drainage easement okay and is it your opinion that this 25 foot wide drainage easement that was shown um on the first asilt construction plans through this period of time right here is the 20ft drainage easement where the outfall is for the um Shadow Bay Club or unit 2 correct that's exactly the same location and it's depicted on all these documents and I'll get to it if we complete the rest of the slides um again this is from the 10 residential units that were developed as part of the unit three after it was subdivided so again the same drainage seasment is depicted on the Lake Vista at Shadow Bay preliminary plans from February 1992 so this is 7 years after and the Lake Vista Shadow Bay plat from September 1992 which is going to be the next slide that's in top 10 and top eight for the record Vlad can I ask you a quick question here so how did how did we get here because previously on this plan it shows this area as being all Condominiums um there's approximately four condominium buildings in the original condominium plant and then we move to the preliminary plan as you said approximately 7 years later which shows um 10 single family residential lots can you tell me what happened here correct so as I stated earlier this was planned as to be four condominium buildings uh to be part of unit 3 only two of the buildings the one on the South Side were constructed in 1985 and then the remaining of the property was developed subsequently s years later into a different phase that became eventually Lake Vista Shadow Bay and it was replotted from the original plot for the um uh for the lake side to become Lake Vista into 10 Single residential units so subsequently that 20 foot drainage eement that was shown on the previous plan on the previous development being between building three and four I believe now it's between lot seven and lot eight of the Lake Vista development that is also highlighted on those two uh slides and Vlad can I ask you um on this side in tab eight the 20 foot drainage eement that shows here does that reference an O book and page that established the easement correct that's what I referen recorded in plot book 45 page 81 I mean I mean the reference for the drainage easement on the plat yes yeah that over page clearly yeah there was some um and I can we can explain on this I know Mr Wilson's going to have a question probably on this there were two labels on that plot one which was on the on the North side label that calls for a construction maintenance easement during the construction time and on the South Side there's a label for the drainage easement which refers to the page 45 book 81 so that's the same exactly the same area the same part Vlad can you just look at Tab 8 for me and then read the O book and page for the 20 foot drainage easement I'm sorry it's pretty small in this picture can you just read that for me I'm sorry it's okay it says 20 foot drainage easement perir or book um is that nine is it too 1948 I believe 176 1718 and 1718 is actually the third page when we did the title research of the three pages which starts with 1716 1718 is referenced because the legal description for this particular section is on page 1718 I'll also note here for the record that the deed that was just referenced by Mr simovski is included under tab six of the of the um binder that you were given so in order to verify that the County Surveyor sketch of the legal description which is going to be the next slide please of the recorded drainage eement in August of this year 2024 confirmed that the drainage eement is at the same location as all previously presented documents on the ASO plans construction plans and plots So based on all of this the damage section of the storm water conveyance system makes the storm water management system for the West drainage subbasin nonfunctional which is the one on that slide that consists of exactly 11.9 acres and we run approximately to 12 acres that's for illustration if I can just interject here for the special magistrate um special magistrate this slide and the following slide are not included in your binder they're just included in the um um PowerPoint presentation okay I wasn't aware of that okay so the damage section of the storm water conveyance system makes the storm water management system for the West drainage subbase and only nonfunctional therefore causing the presented extensive flooding of the affected part of the Shadow Bay Community this damage section appears to be partially repairable and will require partial removal and reconstruction based on all the previous uh pictures that were presented these are the findings of our engineering team and I'm presenting this as a manager of the development review engineer Vlad I have a quick question for you to verify um the original ASB built system that was put in um does the county have permits for that as built system that was permitted I believe in 1981 we checked the records uh there were no St Jones permit because St Jones was established in 1983 so we only found the records of the asul plans which are again referring to the to the previous Construction thank you that concludes Mr sow's presentation I'm ready to any questions you may have oh yes good afternoon sir good afternoon Mr Wilson on your last question and the answer uh if I understood you correctly there's no permit for any drainage system on Lots seven and eight that you could find is that correct [Music] so the system was obviously permitted by the county probably sometime between 1985 and 83 how do you know that yeah we have t plants I cannot answer that question I'm sorry but uh okay I just wondered so there just so I understand your answer too lot seven and lot eight there to your at least you do not have any permit for any type of drainage system is that correct well that was part of the master plan and it was it was clearly shown on the plat so it's recorded in the plat it's recorded as a drainage um a drainage uh easement is that it I mean that's it correct I mean there's no explanation to anybody is here can you ask him to refresh understand question I'm I'm not clear of the question if you can please well a drainage permit you could probably ask everybody in this room and all they might say is a drain uh you can use a drain they're not going to know who's responsible for building it who's responsible for maintaining it whether you need to use seven and eight both or just one versus the other it's just a drainage easement uh subject to anybody's interpretation in this room or otherwise correct so so since there was no St John's permit at the time which is the Water Management District for this region the drainage was part there's no separate drainage permit the drainage was part of the overall development permit okay but was there any written document anywhere to your knowledge that describes who's going to do what on those pieces of property whether the owner has a responsibility whether the development has a responsibility uh or whether the county has a responsibility so the county definitely was clearly stated that the county has no responsibility for it okay the developer was going to develop that as part of the master plan so he can serve the unit two before unit 3 was developed okay correct so I think we are clear on that if I'm answering your question okay well you're not answering my question because I want to know whether I can go somewhere so the county the county was not wait let if you're going to ask him questions let him finish his answer if you're if you have a different question then well I'm trying to explain my question because he was misunderstanding it oh well he didn't say he misunderstood it he was providing you an answer so your court reporter isn't going to get the overt talking but if I mean if you want a different question asked then you can ask it okay I'll ask it again then in my maybe a different way okay is there any written document anywhere that any of us in this room or otherwise could go see that says what that drainage easement means whose responsibility it is to do what so the responsibility is deter just answer the question is there a document there is document with the with the plot with transferring the again this is a legal question but I'm going to try to to answer your question so so typically what's happens is the development the developers going to build the development correct and after the plans are accepted then it gets transferred to the AOA the AO at the time was Shadow Bay Club when the unit three from this is from our research when the unit 3 developed that particular uh drainage eement was transferred to unit 3 which is uh Lakeside at Shadow Bay okay and then when the uh second phase of unit 3 which is Lakeside the 10 residential units were developed there there is a document that transfers the drainage easement from Lakeside to them so the Lakeside only retain the two Retention Ponds okay so I think that's what your question was no sir let me try again okay does anybody possess a written document that explains exactly the responsibilities of a drainage easement are you done I mean you are talking to each other that explains what that means what grainy easement means in this particular set of facts is there any document that says that do you understand my question if not I'll try and be more specific you could say no if you don't know say you don't know I I don't think I understand your question I if you asking me about the definition of a drainage easement the purpose of a drainage easement is to convey run of from one point to another through particular properties will you agree that maybe a whole lot of people in this room could have different answers to that question objection relevance pardon who objected I I objected relevance I objected relevance because the what everyone in this room may feel what a drainage these been is is not relevant to the to the question at hand and frankly maintenance responsibilities of what is included within this drainage easement is is not of concern either for the violation the violation is that the storm water facilities here were damaged Okay the reason it's important is because it could have been done on one property versus the other it could have been the responsibility of who knows who to maintain it put the pipes in change the pipes around I'm just asking if anything like that exists to your knowledge so to my knowledge the Lake Vista ago dissolved at some point so which means that nobody was maintaining that drain a easement for some time were they supposed to maintain it is that in writing yes that was that was the transfer from Lake from Lakeside to Lake Vista when Lake Vista was developed in 1992 but part of the transfer was that one person's supposed to maintain it versus another if so where's that document that says that I I am more equipped to answer these questions because I will go through the title um Mr simovski is our engineering person he should really be only asked engineering questions not maintenance questions and what the title documents say which I will be able to address I've been sworn in I will take my hat off as the attorney and speak as a witness at that point because I reviewed all the title work for lot seven and eight and some other surrounding properties well if he can't answer it he can say he can't answer it joh he has I don't think so but I'll I'll accept that um let me ask you this do you know whether at any given time that the main drainage down to that pond was on lot eight or lot seven so to my knowledge the pipe there's a report from an independent engineer that was hired by Sentry Management in 1993 that the pipe was installed on the north side of the drainage eement which is inside the drainage eement and this happened this was a knowledge when they built actually they started building the homes in Lake wsta which is the 10 residential units so basically the pipe was literally on the borderline under the foundation of the house that is built on lot 7 and there was a 24 in pipe that connected the inlet that is in the in the private rideway to the pond okay which is in tract a and what was that in use to your knowledge when you went out and examined the property I personally did not examine the pipe the public works department sent the team and they investigated this and what was discovered is that apparently that pipe was severed before the first concrete manhole it's actually plastic manhole I need to correct myself and there's no record of when that happened so the pipe was basically severed under the house it was grouted and he was rerouted excuse me are you saying severed yes under the house okay sorry I didn't understand that word you wereing no no no Absolut and then it was rerouted to where it where it's located now right under right under the white vinyl fence which is the middle of the two properties okay then did you find out in your your investigation why these manholes that were filled with concrete by my client were even in existence if the drainage pipe was between lot seven and Lot 8 well the drainage pipe is there even now the one that was functioning that was providing the conveyance is the one that was being filled with concrete which is the section between the two plastic manholes ads manholes there we can see on the slide there and it would be basically under that fence line is that what you it's under the fence line cor okay and it drains out where it drains back into the pond in tract off lot eight or lot seven it doesn't matter because there's a 20 foot drainage hment so it's 10t if it matter do you know which one it drains out of well it's it so I haven't been back there because it's not accessible I didn't have the equipment but I've been investigating a long time this case and everything points out that the pipe is within the drainage isman okay now is it slightly little bit on lot behind lot seven or lot eight it's within the drain seasment I'm asking you the actual drain out into the pond which where is that located in the back it's in line with the with the white vinyl fence okay and is there any uh drainage pipe from that pipe you were talking about that was underneath where the house went that pipe has been severed and filled with with grout okay so nothing's working in that pipe nothing is working there's no water there's no conveyance run conveyance going through that pipe okay well then please explain to me why these two things were filled in with concrete that were over on my client's property uh even though one is in the easement and one isn't entirely in the easement why they were there as I said because of that 1993 report that the developer had a concern and the Sentry management which was the management company for the AOA for the previous AG that had a concern that that pipe being under the the under the foundation could potentially overtime damage the house okay are you aware that the one pipe that's partly on my client's property not on the easement had a pipe heading out towards the one under the house I'm not sure on which were you referring are you referring to the one between the inlet in the private rideway going into the first manhole in front of the house I'm talking about there's two man holes that are over on my client's property lot seven correct one of them's partially outside the easement are you aware of that no do we have a picture that shows both of them so if I can if I if if I may um under tab number five is is uh sorry we can though can't we yeah we can use it would you would you like it up here or would you like look I can look for my book but I think it might be a good idea to put it up Mr Mr Wilson should have because it was it was brought to us by um his client so Vlad if you could just explain I is there a way to make it closer or is this the closest we can get there's a zoom Vlad maybe if you can just explain what's what's on this so over there on the right hand side there's a note pointing into the first manhole coming off the street that there's I'm sorry that there's a underground portion of [Music] structure there is approximately 1.2 ft outside of the drain achievement of the 20 foot drain ACH so VOD maybe you can explain you know starting from the inlet there and and what is shown on this survey pointer you can point with your finger or your pend on the on the projection okay so this is the inlet that is in the private rideway that takes the water from the road and the original pipe was going straight back into the pond which what I said earlier it's on the borderline on the north side of the 20t drainage hment that was eventually relocated at some point so that section of the pipe here was severed and we was grouted these two man holes were being installed to reroute the floor and to take the pipe now exactly where it was supposed to be originally constructed in the middle of the drainage eement back into the pond so it kepts the same it kept the same function is that so so the manhole that you're referring to here this is the one you're referring to the manhole Mr Wilson is referring to here there is a note over here on the right hand side that talks about 1.2 ft encroachment into Lots seven outside of the 20 ft Grand achievement right but still on lot s and still part of the overall interconnected storm water drainage system correct except it's partially on lot seven not the does it help um drain lot 7 does it help I'm sorry drain lot 7 as part of the overall system yes lot 7 is part of the overall system no does it help does that manhole help drain no no it doesn't because it only serves to convey the water collected in the private RightWay no not the not the but does lot seven drain to the private rideway and into the system I'm not certain about it I believe partially does the frontage from the be from the front of the house towards the road the back of the house I believe to the back just sheep flows itself into so the all of those lots along there are interconnected into that system so all of part of those lots if to the extent they drain forward naturally correct they go into the drains in the road that's correct and then to the extent they're they drain from the back they drain into the pond directly that's correct but it's all part of the overall interconnected system all of those lcks Daddy's correct that's all I have Vladimir thank you thank you Mr Wilson did he does we can put a okay I just have a couple just one um oh no actually I don't have any more further we we covered the one item I was going to ask him about you're finished thank you D thank you unfortunately I turned that completely off and did not mean to I was just trying to shut the projection off and put it back to the PowerPoint um so it's going to take a minute to start back up but can we put it on okay okay okay we can put that here and then start it back up but I can I can start it's not I don't have any projections or anything to use so to conclude I'm going to briefly discuss the ownership and development history of the subject property and the easement as Vlad stated in his testimony the 20 foot drainage easement originated from the warranty deed that's in tab 6 that was originally conveyed by Shadow Bay limited to Southland limited LP and it conveyed the condo property so it conveyed the condominium property six plus acres and it was subject to a 20ft drainage easement that's the language of the warranty deed likewise the second conveyance that occurred after that um occurred from Southland limited LLC to Shadow Bay Inc and that was in 1985 the first conveyance was in 1981 that's also in tab 6 that included the same language of the 20ft drainage eement after the conveyance that's when the Lakeside at Shadow Bay condominium plat was recorded as Vlad showed in his presentation that included the 20-ft drainage easement showed it on the condominium plat um and then the property was subsequent con subsequently conveyed referencing the condominium plat phases three through four of the condominium plat were replatted as Vlad said to 10 single family lots within the Lake Vista Shadow Bay plat and as we talked about that plat specific specifically includes the 20 foot drainage easement and references the warranty deed um the original warranty deed that was in 1992 subsequent to that all conveyances for lot 7 which is the subject property were conveyed referencing the Lake Vista at Shadow Bay plat there were no documents in my review of the title documents and as I stated earlier I reviewed the title um reports for lot seven lot8 um and in the lot seven and and the lot eight frankly um title information there were no documents or language in the title work that would have released or terminated this drainage easement so it's the County's view that there is a valid 20 fo drainage easement on the property that the maintenance of the easement or the rights to that easement are probably still held by the original developer um I didn't I did not find in my title review any assignment of Rights for that easement to the shadow Bay Club HOA which conceivably that's the way it should have occurred there were a number of other conveyances assignment of Rights for easement rights over roads um all the roads in the private system um Within These plats are private and the drainage system there were no there were no assignment for this specific easement with that being said the maintenance and the um easement itself as I indicated earlier are really of no concern for the violation the violation is damage to a drainage structure to multiple drainage structures and under the code that is a violation of the code because it is an impact on the integrated the interconnected storm water system of the county this system does not required to be public or private that makes much sense because you cannot have people going into facing these things and causing flooding and impacts to neighboring properties so given the foregoing the county is recommending that the special magistrate find the property owner in violation of section the actions required for compliance as Mr simovski stated are to repair or replace the damaged B holes and drainage pipe and connect them to the existing system the staff is recommending 5 days to comply as the applicant has been given over two months to correct the significant damage that was caused and has not done anything to rectify that further as shown by the photos provided in this presentation significant flooding on the subject property and in the surrounding neighborhood has occurred since the property owner damaged the system and continues to result in standing water in the area the residents of the Shadow Bay Community have contacted the county on multiple occasions with complaints about flooding and stories of significant impacts to the welfare of the residents within that Community finally staff is recommending a daily F of $250 per day due to due to the magnitude of the flooding that has occurred and the health and safety concerns it presents to the neighbors and the surrounding areas those impacts include standing water for days inaccessibility to homes damage to property in roadways and the prolifer proliferation of mosquitoes while this may be the property owner's first violation as I indicated previously the property owner has not taken any steps to Abate the violation this concludes the County's presentation on the case however the county does request time for ble after the property owner after the property owner has presented her case and I'll stand for any questions okay and um you had previously asked for the notebook to be submitted into evidence as long along with the electronic case File um in this matter is that correct yes in the PowerPoint um the electronic case which okay um you've been provided with both of these um items the each one of the tabbed items have been disc discussed in the um the testimony provided by um the County's Witnesses do you have any objection to the information contained in the binder and the information in the electronic case File being submitted into evidence the only objection I have is they don't have any that anything that really tells uh what a drainage eement is or whether they're functional at the time even today well I I think their evidence does have that I think their testimony provided that but I didn't ask what lack of evidence you object to I asked if you object to the evidence that they're trying to present um if she objects she needs to State on the record exactly what she objects to can I speak for for a second sure um I don't object as far as they have I do object that they do not have enough evidence uh to okay not it comply okay noted I will accept the uh County's binder of evidence along with the electronic case file into the record um is the county um is this the close of the County's CA initial case yes that's correct okay I I didn't know if I needed to answer any questions by Mr Wilson but I I I'm available I'll ask her I'll ask you some questions do you have any information in your investigation um that would determine uh who put those manholes in on lot seven and whether they were connected to anything no are you aware that my client could get nobody at the homeowners association to talk to her period about those manholes before she did what she did am I personally aware of that your client yes has relayed that to me in previous meetings we've had okay and do you have any information that would show that what she related to you and what I just asked you is incorrect for example do you have any information or know of any information that would show that uh the pipes went out of these manholes and were broken and one of them went to this under the house which is outside uh the uh easement you have any information that that isn't correct no I believe I believe Mr simovski explained that okay but do you have any information that the other manhole apparently wasn't connected to anything because it was full of water I don't have any personal information of that okay but manholes are typically have water in them not to the top generally if they're functioning uh do you have any information who is in charge of repairing any system that was on lot seven or lot eight no I just know it's not it's not the County's responsibility that's the County's my client no but if it's flooding her property it isn't her responsibility either is it to maintain the system correct is it her responsibility to maintain the system correct um I don't think individually no okay so if if the people in the HOA wouldn't talk to her and wouldn't say who put those in especially when one's on her private property without an easement what does that leave a private person to do if they're flooding I'm not going to give your client legal advice well I'd be interested to hear what you thought though I'm not going to answer May the same as what I think so thank you that's all I have are you ready do you want to provide a case oh yes I'm gonna ask your name can you your okay just want to make sure okay if you'll speak into this please will you state your name ma'am my name is Diane Melody golas okay and Miss golas uh for Simplicity sake you're the land owner Homeowner of lot 7 that we've been talking about today correct yes sir okay and you've talked to these people that have testified at least most of them prior to today yes okay and uh you're the person that uh paid to have somebody and out of your pocket to put concrete in those manholes correct yes why because it was broken and eroding my property I had sink holes I had a man um cutting my grass and his leg went in through the hole I beg for mercy I beg County to help me I also you beg who to help you the county okay and what did the county tell you uh it's private property that can't get involved and did you just beg one person or multiple people at multiple times um from 2013 till today not today but prior to the situation um I asked multiple people and I did a lot of research and a lot of micro fish and still no one in the county office um would not help me and they had a turnover and they have a new group that you were talking to you mean yes and I went um multiple times I have the sticker to prove it okay um and did you try and contact anybody from the homeowners association above you yes I contacted Tana Harris she mocked me she called me ghetto she um also had they also had a meeting a board meeting which I have the recording she mentioned in the recording that um oh we don't need her property our drains are working so I was not getting any cooperation from anybody then also and U for 2 years since 2021 um that's when when you gave me that letter from Barbara stage that they have no easement they have no rights to my property and that um that's it and I was like left to handle everything who's Barber stage that is the attorney to the shadow Bay Club okay you uh got a letter or I got a letter an email letter correct yes yes and said they have no rights to anything on your property yes period okay and uh you've had a little experience with this County have you not yes I have you worked for this County yes I did in what position I'm deputy sheriff with Su County and I've been there for 20 years okay you're retired now I am retired now okay and even with that prior job working with the county nobody in the county would help you and what were those two manholes doing to your property other than what you said uh a lot of the employees there um know that I was experiencing uh flooding uh sink holes I called the fire department and they said this has been happening for 30 years uh my realtor Linda a Miller had sold me the house and she gave me a clear title with construction only and no drainage and tend to find out that the cash drain runs Drive ly under my house then after that somebody came and spliced it in 2018 and um spliced what spliced a abandoned uh filled in pipe which they weren't supposed to touch I saw a bag of rocks inside um the pipe shoved in there with that's when I got a sinkhole I also have a photo of that and then I saw on lot eight she had a little manhole where the water was gushing from the back which is the pond all the way to the front uh exiting upwards and then all a sudden that water just took all my land away okay were any of those either one of those manholes on directly on your property um the two manholes are there on my lot 7 but it wasn't there when I purchased the house and the reason why I know that is because in 20133 when we had floodings and I do have pictures or video showing floodings and then I also have the pictures of the erosion and uh sinkhole when did those wait a second I don't think she answered your question what what I'm sorry I that's what was she said what was unclear your honor you you said you asked her if those two manholes were I said it was on my property you you said but they weren't on your property until oh that is correct correct ma'am uh you're correct um in 2012 I bought the house and I did not have any man holes on my property when did you first see him I saw a manho hold a tiny one on lot eight when did you first see it that was in 2013 May and when did you first see him on your property yeah let's talk about your property um 2019 so they just appeared one day uh no actually tan Harris exposed them what do you mean by that uh she dug it up but it wasn't there because I had a sinkhole in the same area and there was nothing there and there was a gentleman I have to say gentleman I don't want to you know say the wrong thing um but he was in the manhole correcting not the manhole the sinkhole correcting like the wires the piping because I had a sinkhole and so he was putting dirt back in my ground and then he goes do you know that the storm drain runs underneath your house I did not know I wasn't a real tur by back then and then he told me that the drain runs underneath my house I didn't know I just went to work because I had to get to briefing and then um 2019 let stop for a second go ahead you were told a manhole went under your house and when was this the uh the original pipe not the manhole the pipe yeah the original pipe that belonged to the condos the configuration runs underneath my house okay you don't know that for sure sure you read it in a report correct um actually yes the Gen engineer that Mark Rodriguez gave me the documents I have multiple documents here um from uh Markle what and Mark Rodriguez himself provided me a whole bunch of documents how the floodings happened in 1991 and that they do not have any outlets and that's why it's flooded in Montego Inlet all the way down to um Shadow Bay Boulevard and who's Mark Rodriguez he is the president to the shadow Bay Club association he provided me he came into my house and provided me documents and what did the documents show uh like it showed about that pipe in there that they found in what year hold on let me pull that one up it says here um as requested I investigated the storm drain system for the shadow Bay Club residential area upon visiting the site Saturday February 13 1993 I found that a new home was under construction the South Wall of this new home is constructed directly on top of the 20 foot in RCP outfall which goes from the cat Basin opposite cail Court to the northly retention Basin this outfall carries all of the storm water from the shadow Bay Club Storm drainage system documentation on file at Century Management shows a 20ft wide eement which we don't deny it as an eement um for the construction which is my S that's how it was clear title and sold this property um and the maintenance of the storm drain alall which lot a is the storm drain I have documents for that too the pipe line under the house the PIP line under the house is not manufactured to carry the load of the house and will collapse the this will result in a blockage of your storm water and runoff and flooding of shadow Club this then would directly result in a shortened life of the road pavement and this was dated February 23 1993 and when did you get that I got this in 2021 from marer Vegas and this plastic pipe that was going to be run they hadn't built your house you weren't living in it you didn't own it then right no when did you buy it uh 2012 which looked nice I didn't see the um storm drain there was nothing there that brain they were talking about was on your private property not part of the easement is that correct uh it's outside the easement well that's your private property right that's correct it's not part of the easement correct do you know how that got there other than what you read in that thing are you referring to the pipe that's underneath my house yes okay that was um there from the condos when they were built County approved the pipe system back then okay yes you approved it you did your job it was correct but they were forewarned to move it and they didn't move it they filled it with who was for warned to move it um the shadow Bay Club and they didn't Mo because they didn't move it so they filled it with concrete okay now there's two no they did no they didn't fill it they did because if you look into the hole you can see that it's been chiseled the concrete okay so that I think Vladimir um he he testified that it was severed and it was no it was connected filled it's all connected he said severed and filled under the house what was under the house you don't know you haven't seen the one under the house um did contract my house can you provide me with the information that you just oh no I'd like to know now I don't want you to yes don't tell me can you put that map on the map on um the one that had the green on it that my general contractor was telling me but I told him he was incorrect that's number six oh your general you let your general contractor know he was incorrect yes because I saw and he corrected me he told me um what did he tell you okay let's wait till they get it up there are are you um referencing under tab the one the survey that you gave to us at that meeting six I think surve you said it was severed the P the when you were up there showing the P was severed oh okay it's this one here yeah that's what she's going to put yeah it's number six are you going to put it up on the screen if I find know which one it is it's six it's not in there no it's not in there well I think it it was up there at one time all yeah it was up there because we put it on this it's my six I don't I'm sorry yeah it's six it's it's five in the book oh okay I think it is I'm looking at it the wrong direction two of five yep I pulled the tab up but that's for the next one so it's five I'm sorry and it was where Vladimir had testified that it had been severed and brought over into the easement um the manhole which is a 4ot circumference 6t deep we're talking about the one under your house yes it was severed from the pipe under your house yeah can I go there and show you yeah I mean can you give me some background on your on your qualifications I saw it are you an engineer no the general contractor showed me it was underneath my house okay so you're not an engineer but but you want to show me um where it was you just want to just to give you an idea okay Onre over here on the actual paper if you'll so this catch string can you see it MH okay so this catch drain am I everybody can say this cat drain this um Co cement piping goes straight underneath my house like that it's not separate they put the manhole in between that and it's a straight line who this is they I don't know who put it but it just appeared in your yard one day yes while you were at work no my neighbor took me on a camping trip uh Linda Miller and Sher fatula the ones that sold me my house took me on a camping trip and I have it on my calendar and uh someone else uh in the office about two of them and also a gentleman by the name of Doug Fox who was the original owner and I have him on camera he said do you know that Robert Miller and Linda Miller had um taken open up their ground and extended it to my ground so at that time I have it on the date of the video um I have to look at the phone but that's when the change were made in 2018 so here so stop for a second you came back from a camping trip and there was a manhole in your front yard no you don't see it because it was nicely plush with grass and everything everything was so when did you first see it uh the only reason when I first saw it um was when Tanner Harris opened it up who's Tanner Harris she's here in the audience she left okay she's she was the president of the HOA at the time okay so I know it's a ma'am it's y u it is such a cluster and now the whole Community wants to put the blame on me and I've been having wash outs and I can show you the videos I let's let's stick to what so you were telling me that a pipe went under the ground did you did you hear the testimony of the engineer yes okay so you're disputing the testimony of the engineer that's correct okay because um the manho is in in the middle of the original pipe okay and then what are you saying the manhole goes to uh to uh that original pipe so here this pipe has been T is the original pipe that was tampered with when I first saw it I saw a bag of rocks inside okay there was nothing here so then later on in years in third 2013 after having all the you know caved in uh sink holes then this year my neighbor was cutting my grass and his leg went through a hole and then uh shortly after um that's when Tana Harris came over and then she lifted the the Earth or the grass from those two areas that's all I can describe because that's what I saw okay so then the original pipe that then you've described for me exactly what Vladimir described that is correct it is but the you know over here it looks off but it's not it's actually going underneath my house but the pipe the original pipe in the gra from the street is not connected to your house anymore it's underneath my house but the the pipe pipe the still there the pipe is still there and the manhole is there right yes and and it's outside the East well it always was and the pipe is now diverted into the easement and then goes down the easement into a new pipe lot eight well it's in between both Lots is what it looks like well it's supposed on the survey of lot eight is supposed to be 10 foot of the uh two 5 foot of that 10 foot okay but do you understand regardless of whether all of it is on Lot 8 in the lot 8 easement that it is connecting from the road from your property yeah but the thing is I don't understand your question you'll have to repeat from the road but it wasn't there nothing was there so I was having sink holes what do you mean nothing was there because when the I mean we're talking about sinkhole huge this it was really big and then I had another sinkhole again you don't see it it's been changed yeah I realized that they diverted the pipe into the easement who I don't have any but the testimony shows that they've diverted the pipe into the E sit down um no um yeah so who diverted the pipe I thought you were G to okay I'll go um I went to Vladimir and I said Vladimir who permitted this um contraction on my property that I'm not concerned with that and I'm not that's not what I'm asking okay what is your question are you aware I and I believe you are because it's what you stated that that pipe that used to go under your house has been diverted into the easement area which you you say is all on lot eight and it runs down to the pond the pipe does make any sense okay yeah because this a little confusing oh wait a second were you testifying cuz I wasn't asking you the question sir I was asking her okay and I don't appreciate that you just gave her testimony right in front of me I said it didn't make any sense ma'am okay now so were you directing her that it didn't make any sense actually I'd like to question her rather than you no because this is my proceeding that's correct so I'll finish and then you can finish i' just like to clarify that's all okay catch drain is the checkered square box there um on the property shadow in the road that is correct yes no no that's not in the road that's in the it's next to a tree in the uh me medium okay okay okay is it do you have to cross a concrete or a asphalt road there's a sidewalk between that square box and then that property line okay so it's in the rway correct okay so it's that line is crooked it goes straight to and under my house oh my God excuse me ma'am if you're going to testify from the audience I'm going to ask you to leave so when I bought the house I had sink holes I have it on my ma'am you were you are I'm ready to tell you you are diverting all over the place let's stick with the line so much multiple things let's stick with the line that you were talking about that's your house that's the Culver cement drainage that's outside of the eement okay and it's always been there right okay so then at some point in time we're not sure when you came home from a camping trip maybe there was a camping trip involved I don't really know doesn't matter but at some point right at some point the pipe was it stayed the the pipe that was always there and then it got from that point diver Ed into the easement as it shown on your survey is that correct okay that's not correct survey my survey is on page on here that's an investigative survey for Barbara's stage and for my lawyer that's what we were looking for the truth that is not the uh correct survey when I bought the house wa wait wait wait Who provided this survey we were investigating I had a general we had a general contractor to see in fact why I'm having sink holes okay I did not ask you about your sink holes okay okay you can get to providing that testimony about your sinkles in a moment okay I need us to stop diverting all over the place let's stick with the the subject that we're talking about right this survey that we're looking at you provided to the county I don't care whether you did it for invest provide that to the county that was that was that that was provided by Shadow B club and that was only strictly private between the lawyers and then later on after 2 years passed they provided this new system stop for a moment was this provided by the property owner when we were in it we we had this before we met with the property owner and when we met with the property owner she provided it then too when we were going over it okay now I'm asking a very specific question here who had this survey prepared it should be on the bottom there but who commissioned the survey not who prepared it who commissioned the survey I uh no actually the journal contractor ordered it because I was going to do construction did you pay for it ma'am yes okay so this survey that you paid for that we're looking at right now it shows that the pipe comes down your property and then is diverted into the easement whether it's on lot seven or lot eight it's diverted into the easements that touch one another it was not there when I purchased a house it may not have been it may not have been but it is right now is that correct this survey correct it was it's there right now okay okay but it was broken which which part was broken well they shouldn't know they no no I'm asking you um one of their workers told me that it was broken in two places so I don't know if I should go further with this where is it broken can you can you identify on the diagram where it's broken one of their contractors that came out I said whose contractor I have it on my phone who contractor you said there sh Bay Club okay okay they had multiple contractors come out okay I was able to talk to two of them okay they both said the same thing but I happened to get one contact oh no two contacts but right here where me right here and right here was broken that's what I was told okay you weren't you didn't see it um actually I know that they told me they took um video cameras or whatever okay did you see a broken pipe I only know it because did you see a broken pipe I have a photo of the water in there but as far I understand but the thing is ma'am I asked you if you saw with your eyes a broken pipe okay does a man's leg whole leg go into the ground considered a broken pipe I don't know how to answer that question because I've been having sink holes and they know that there was sink calls I have ma'am pictures if okay if I show you this piece of paper and it's this whole piece paper understand but now it's ripped do you see the rip I understand that okay so did you see a pipe I was told so you didn't see it no okay but you were you sort of identified two places that you said you were told it was broken yes okay and when was this when was it that you were told this I would have to look at the phone for the actual exact date was it um 20 19 20 whenever they came out the shadow Bay Club came out to do the investigation so it was broken for 3 years approximately before you 4 years before you filled in the pipes with the concrete uh well I've been having sink holes okay from this period to this period so I've been having problems and then from this period 2018 and 2019 that's when we had a problem and then continuous problem till uh 2004 which they still did not address if they were going to help the situation okay I don't know who they is but Shadow Bay Club okay um did you ever hire an engineer to come out to your property and assess your drainage on your property yes I did and who was the engineer that you hired uh I didn't hire him I came him I he came to investigate it okay so you never hired him I still have him on back you know on communication no I did not hire him because I I was trying to find out who's responsible for this but but you said you were experiencing problems on your property did you hire an engineer to tell you to fill the pipes after the my I I exhausted all avenues did you hire an engineer who told you to fill the pipes I don't know if he's an engineer or not but he filled in the pipes the if you're talking about a drainage engineer I don't know what you're referring to yes I'm talking about did you hire a drainage engineer to assess what was going on on your property and that that person told you to fill in the pipes no this person came in to fill in the pipes because it was broken because you asked them to that correct okay thank you I have nothing further okay thank you so you want to say anything else um basically she has to all of it is on her property and I bought the house with construction only no you can't say that I know I know we have nothing further on okay so any of the items that you have um discussed having as evidence did you want to submit any of those items into the record did we use anything other than theirs I only have what kind of items in reference to filling in the uh storm D that you want I mean I telling you that I've had problems and sink holes I have those picture if that's what you want I want you to provide me with what you believe is evidence to support your case that you're not in violation of the county code that you have been cited for do you do you have any printed out items that I can I can't because it's an old iPad and this was dat in 2013 and and what is it that you're um it shows how there's a bag of lock locks shoved into something and then it shows that um this is not the same it's not connected to anything and there's a bag of locks but nothing was connected to my property and there was a neighbor that told me that oh the neighbors did that for their own purpose you you have something that shows that this pipe is not connected to the overall drainage system I just have a photo that's not the same did you want to show that to the county attorney that's not the same that's what is this that's uh that's onl eight and that's the what I told you it looks like a light you know the shape of a light B but it's not connected to anything there's another bag of locks it's not connected to anything okay do you want to see anything else unless only if you're going to M I would have to figure out a way how to print this you see the bag of locks it opened up you need to see it ma'am well if you're going to submit it into evidence but I don't know how you're going to do that if you I would have to get a um itch person to help me with it you didn't come prepared to submit anything into evidence well actually um if I'm not mistaken maybe you don't have it um I can check to see if I can email uh pictures to you if you give me an email I can submit it that way way to evidence okay um I can do it sitting down now but do you want me to show it on the screen yeah we'll need each one of the photos that you're going to email and submit into evidence will need to have you put them on the screen and explain what they are [Music] okay all right that is on lot eight it looks big there but it's not that size it's really small and then okay but you have no identifying okay okay is there a date at the top of that J 14 2013 at 8:46 a.m. and you're indicating that that's on lot eight which is not your property that's correct okay and and and I don't see any connection but I I should have another picture hold on but what do you mean you don't see a connection you said connecting to another manhole or something like that no oh here's another I'm going to jack to these pictures they're not relevant if they're on lot eight we're only talking about the manholes that were filled on lot seven but I mean is is this the manhole that's supposed that's under the fence I'm now that's filled with cement this is since moved to my side of the property so I'm going to object to the relevance of these photographs but it's not the same okay is this a photo you want to submit into evidence can I talk to my client for a minute absolutely [Applause] I'm not accepting that because she said just the problems say that you down there and SP broken um let me see I can show this no can you say what I ask you I just know I was told I and they show me these pictures okay do any good you're we're not going to offer that I have two other questions though before we're done here okay um you said that you got a deed to your house that did not show there was a easement on it when you bought it when I bought the house I got a D in this um does it say there's an easement on it I'm not sure how it no no but just say yes or no no okay did um the per the persons that had the house before you did they show an easement on their deed you do have copies of them don't you yes do they show an easement no did you have any reason to believe when you bought the house there was an easan on it can you pull your microphone down please I'm sorry I'm sorry no in the back of your house uh lot seven is there any drain no as long as you've lived there have you ever seen water drain out of the back of your house anywhere no is there a drain on lot eight yes okay and it's U pretty visible he might have showed that Vladimir did you uh he never came out to the property not with you when you were there no and you tried to communicate with the homeowners association about those two drains before you had them concreted um because yes or no please no um was there a reason why you didn't oh a correct repeat the question did you ever try and communicate with anyone from the homeowners association about those new drains that you ended up yes I have I I it was more like a battle um because can I reiterate something um I have a document here that because a trip party agreement and it's not my fault that the HOA from several years ago maybe 30 um relinquish their responsibility to an HOA and so Shadow Bay Club relinquished themselves from the responsibility to whatever I don't know but that's when I was like concerned who's responsible for this why is it on my property it wasn't there before who's going to maintain it Vladimir told me I was and I I don't know I don't know how I'm duped with something that wasn't there before and now I am responsible to fix repair um something that wasn't there okay and one of those drains was partially on your private property yes and that's the one that went to that to your knowledge went to the pipe under your house yes okay so two times out of the easement and was there the pipe between that drain and that pipe under the house was that broken yes how do you know that because I had an engineer and he came out to verify yes it's broken they had like maybe three engineers and one of them to two of them told me that it was broken in two places so to your knowledge there was no drainage out of that one manhole that was partial in your private property there was no drainage anywhere no the water was just sitting there it wasn't flowing okay okay and no one from uh the Condominium Association would act responsible for anything it's actually the town homes and um no um because we're not HOA and you're on your own those are the comments I got and um the since it's 82a um I have that document that says that and I also have a video uh audio I can put it on the mic if you want of what they said just testify please okay wants to repeat the question please I'm sorry that's so much involved in this case well let me let me ask another question the other manhole uh that you concreted that was on the easement uh did it go to property 8 did it have any pipes out of it to property 8 I saw a hole going towards that way but was it open um it was open yes okay was the manhole always flooded uh it was always full of water from the back of the pond to the front that was always full of water the only reason why I know what are you talking about what okay from the back of the pond on on lot eight on lot eight the water goes in because you know the plastic you saw the moment the plastic came out off the water went in so that pipe is not full they're saying that I'm filled that whole pipe on lot eight and I did not ma'am that's open and if you put uh whatever engineering equipment in there you're going to find that it's open okay and then the cat drain to the manhole that's open and it's actually still trespassing on my property but so you filled in in between them I'm sorry you filled in in between them yeah because that was the broken area and I was having sink holes the guy's Lake went in the ground I put the yellow tape to help um prevent other people to come on my property to get hurt um I did everything possible and all they did was laugh at me you know I I just couldn't get cooperation and help from them and you know who them the shadow B Club my community the one that I protected and serve as a deputy sheriff that I couldn't get back help I could not get help back because Tana Harris she saw it she assessed it they wouldn't communicate with him they would not help him they laughed at him they ignored his paperwork so his their attorney Barbara Sage sent a letter to him saying I'm sorry we don't have any jurisdiction we don't have any easement through your property and that letter we have it and we can present it to you for record and so then all a sudden um from there two years later I'm I'm here to be humiliated okay that's all I have and I'll I'd like to offer that letter into evidence your honor it's an email okay and then you know okay I don't think I need to speak okay I have two two questions where's the letter you um closed on your property did you have Title Insurance yes and that go ahead ma'am you went to a a title company to just answer the question yes okay and um you had title work done then because you had title insurance okay um and um you saw the pictures earlier of the flooding in the street how and you've lived there since 2012 how many times have you seen that every summer okay yes every summer okay when there's a storm okay just like um swon told me that those drains that they have no no I asked you if you saw what you saw I I I have on a video I saw the same oh you do you do have a video of it yeah okay I saw the same thing you saw but prior to 200 24 13 is when all this started so May 13 and May uh June and June also so every year from 2013 I've been having no not you the road the road every year yes that's flooding so every year since 2013 you've seen the road flooded like that yes ma but no one's ever complained before no now a lot of the new these are a lot of new residents now so every year there's new residents no like Robin and um mark would RZ are new they're about 3 years young I've been here for 12 years most of the homeowners know that it's been flooding I do have what Mark Rodriguez gave me that's been flooding from 19 um they have a problem with I can show it to you and put it on exhibit okay you have evidence where it's flooded each year yes in the road not your property the road I have a video from 2013 twice May and June of the road yeah and then I have 2021 2020 2020 and you have those with you to where you could email them yes okay um I'd certainly like you to show them if you have evidence of of the road flooding not your property the road yes can you guide me with the questions there so I can show it to you yeah in case I miss something do I'd like you to show the count the County Attorney what you're going to show though I is it show me first oh I just put it on Facebook um and I'll show you the meta data let me go back to my Facebook you're going to have to submit it into the electronic record you'll have to provide it to the county 30th 202 she's not doing any of those pictures so the pictures are off the table I'm not sure whether this is going to materialize into anything or not okay that's the mailbox that's your mailbox there okay and you see my driveway and the streets again going that way in front of that house AC Close Street house okay I'm done again oh shoot sorry are they videos or pictures photos I have videos on the iPad um again here I mean photos are better actually if you just have some still photos I think that'll be easier to keep in the record where is can you explain where this is taken this is in front of my house so that's lot Eight's mailbox okay okay okay the same thing L eight mail now you can see it on my property and it's not it's next to the electrical box because they had me come out at 10:00 at night to remove my fence to get to the electrical box that was the same movement yeah um yeah see you can see the um mulch how far it went up yeah okay I'm just being on are those the only ones you're going to show oh I need to show you you first that's the procedure thank okay I think those are just of the I know no the manhole from before maybe that there let's see you can see the does look any the M oops what's and what's the date on this one uh June 18th 2023 okay no 13 20 20 okay 2013 yeah you need more um so that's I think that's it right or do you have um yeah I have more No it's it's up to you how much more you want to put in I have more um 2020 20 21 and 22 okay uh photos um um the year is this one did you take all these photographs yourself yes ma'am okay um let me find the u22 no this Hearts hold on2 okay a I need you to go ahead and and decide which ones you're going to show you it was incompetent upon you to bring those with you to the to the hearing so I I can go to an it you know no but that's they they need to be here and and so I can email it if you can me I'm going to give you some leeway to do that but I need you to decide which ones you're going to do uh 20 no you you haven't found them yet and I'm not going to wait much longer 20 2020 2021 I'm looking for 2022 2013 and she has showed you each of those photos yes okay okay you need and she's verified that she's taken them and we don't have an objection if she wants to show it show those I need you to decide which ones you're going to show and I need you to show them and then you'll need to email the ones that you show show here yes okay [Music] thank you whatever we're doing that's March 30th 2021 at 4:54 p.m. okay wait go back to it I need you to to show it better on the screen I need you to tell me what I'm looking at okay you're looking at the streets and it's flooded thank you you're looking at the street and it's flooded and and there you go all right so that's that one I do have the metadata for it um it's just that consensus go back to that for a second go this one yeah so what it that's my mailbox what what is your mailbox this okay okay that's my mailbox here um this is the medium and this is Street okay you see where my trash is right there yeah and I see those cars okay so it's the same uh now um I'm going to another year which is August 9 2020 and you can see the front of my house how it's flooded in that area here you see the sidewalks and then the neighbors lot eight mailboxes right there so and then you can see it house it's going up by the electrical box over there in your property yes okay uh electrical box over there and it's past the a cable okay and then my driveway and you can see down the street and to the left um so you see the water on the left here let me see if I can move that up okay see all that that's cover covering the sidewalk the waters covering sidewalk and you can see here I'm sorry um you can see here where the mulch is how high went up here okay so each one of those photos you're going to email I'm going to email you only the photos you showed I could look for 2022 no no I mean unless you have them right now I have to look for it okay because there so many but I do I gave you the time to do that if you haven't found them yet that's okay it's still the same difference okay okay and then here um you have to move it up a little bit oh okay you're not ready uh see can you see it you can see The Mulch on the neighbor's property you can see the water level with all the you want me to stop you know it's just I think it's stopped up okay um what else do you want me to no it's you it's not the oh well I I showed her picture so I didn't know I didn't want to violate what I I've seen both of those want to submit so you're only showing the things you want to submit all right let me see if I have that you've shown her water [Music] um see here stop it I I did not see this one you want me to continue it let stop it well you can show us both and if she objects she'll object and provide if not she will [Music] stre up to the street is not much but it gets really full of water the whole entire street is full the water straight up to the garage I hope that this problem gets resolved as soon as possible before okay so do you have an objection to that video being submitted is that a video you want submitted what was the date on the video I missed that cuz I did not see it that is June 6 2013 at 8:51 a.m. okay I have no objection okay so the two videos that you showed and the photos that you showed can you give me a pen please are you asking to submit those into evidence yes okay then you will need to email those to the clerk okay I can do that um what I will have to do with this this video I'm going to have to use my phone to video the date with that video Because unless you know how I can forward it from my iPad or I talk to an itch person I was under the impression that you had I can find out the capability to do that right away but okay we'll if the county has no objection no objection okay we'll accept it we're going to be sending in June 6 2013 um 8:51 a.m. correct and then let's see which one's this one and with the patrol car right uh which is um June 18 um 2013 that was the video that was the video 6 video you showed yeah it was we had June 6 2013 51 a.m. and then we had um I have a couple of them but June 18 2013 6:37 p.m. okay those were you only showed two yeah okay so were those the two you showed uh yes okay so then those are the two you're going to email yes you have those dates so you can verify that those are the ones she's submitting let me see okay yes and then the photos that you submitted from 2021 you can see the water level sorry sorry um go ahead the photos from your phone from 2021 2021 2022 2020 no no you only show2 21 that I was aware of I had no I showed her 2020 and 2021 okay then the the ones you showed her and the ones you showed on the the overhead are the only ones you provide yes I can provide that okay okay I can look for the 2022 if you have time well we're already an hour and a half inine and we have multiple hearings the same thing it looks the same okay yeah I'll accept your testimony to that fact yeah thank you m anything else I you tell me do you have anything further you wanted to see the pictures okay where's the letter from the attorney oh okay and you wanted to submit the letter that's what she's looking the letter from the Homer Association attorney yes have you seen the letter I had not seen a letter I've seen an email is it it's an it's an email letter I probably have seen it okay do you have an objection to it being submitted into evidence no so get the one I'm going to this it let me see no it's probably a little I thought you read from it a few minutes ago give me a part of the St [Applause] I have here um am I speak okay this you um C to avoid the agreement okay I mean we it's if it's the same letter they can forward it by yes I have received the email I mean I don't have it on me in my file but it's in my email files if you could um forward it to the clerk with the rest of the information we can move on although I will say that it's it's uh have it okay um put up the screen if I could read it thank you here let me give you this no I'm going to accept it into evidence you don't you don't have one I have a copy that's yours but I have one I just didn't bring it with me we're about time um okay I'll accept the email into the record as evidence presented by the respondent can I just take a quick look at it we can we can keep moving I'll just read there real quick okay do you have anything further you have anything further um tell me notru no I don't go here okay so whatever else that's all we have your on okay yes I have some redirect questions for Mr for the property owner okay Miss gas I just want you to verify that this is your warranty deed I had it in my file okay that is correct but this is not correct it's because we have no HOA and this wasn't presented to me it says it on your deed but it wasn't presented to me that make any difference she's asking if that's what your date says yes this is my date okay do you have any objection to me entering into the record nope NOP she's entering it in because it's got something about it okay okay the uh warranty deed um will be accepted into the record as evidence presented by the county Miss gas when you purchase your property what was the legal description contained in your deed for your property lot s lake vist at Shadow Bay according to the plat thereof as recorded in plat book 45 page 81 uh public records of seminal County Florida thank you and does your deed state that uh the conveyance to you via warranty deed is subject to any easements of record it says it on my D subject to covenants restriction easements of record and tax for and taxes for the current year which I never seen on I never was provided any of that information okay thank you in the pictures that you showed here um to your recollection when you were taking those photos of the flooding the ones you just entered into the record and the two videos do you know what time what type of um storm event was occurring at that time I just have the dates I don't know okay so you don't know if it was it's just heavy tropical storm related or hurricane related or just a regular rainor be Heavy Rain if it stays on the streets then it's could be just a heavy rain season or storm and for the pictures that you took we saw two video clips that were roughly I don't know between 15 and 30 seconds each for the pictures that you showed were those pictures all taken at the same time on the same day I gave you the pictures from I just want to know if and let me make myself they're not the same the 2020 and 20 I understand that but those two groups of pictures when you took them were they all taken at the same time so say it was 5:00 in the afternoon you went 5:00 5:00 a minute apart okay yes that's all I needed to know I have no further questions thank you anything further nothing further okay so after hearing all of the evidence and or testimony and considering the evidence that has been presented um I find that simal county code section 270 412 defines um an interconnected storm water system um and I find that the testimony of the development revieww manager who was also an engineer indicates that the system from the drain um the pipes that run onto the respondent's property that have been now diverted into the easement and run straight back into the easement whether it's on lot seven or lot eight and dump into the storm water Pond are all part of the same system I'm to find that um the actual reading of a document um by the respondent from an engineer indicated that the pipe that was under her home was not constructed to withstand the weight of her home and so the system was diverted into the pipes that are in the easement and I'm going to find that the photos that were taken by Mary Robinson on September 9th um show vast flooding different from any other types of flooding that I've seen um that would also evidence that the system once filled with concrete um that that system is is interconnected and that's the result um I'm going to find that the property owner herself testified to filling in the concrete in between um in the center area of the outfall pipe that goes into the storm Pond and the the drainage grate in the front of the pipe system um and because those what was filled in those manholes located on her property or not they are all part of that system and that is a violation of simol County Section 270. 4144 um because it otherwise caused damage to the pipes and the drainage system um or the drainage structure which are all part of that system I'm going to find that the rain is only going to get worse and so um the violation needs to be corrected by October 1 and how that is corrected is up to the property owner but the pipes need to be unplugged so that that system flows properly and if the violation is not corrected by October 1st there will be a fine imposed of $250 a day oh thank you can I say something sure okay if that gets corrected how does it flow I I think you need to hire a drainage engineer to correct the system but isn't say somebody that's supposed to um maintain it I don't know how you're going to do it but I know that there is evidence that you purchase this home to fix it you've purchased this home with this drainage system on your property no I did not okay the evidence that has been presented to me today shows that you purchase this home with the drainage system encumbering your property and so because of that what you have done you have impeded the drainage system and if it is not corrected by October 1st the impediment that you created a fine in the amount of $250 a day will go against your property now there will be a compliance hearing um at our next meeting in October which is October 10th so the compliance hearing will be for um any evidence and testimony related to whether the violation has been corrected at that time if evidence is presented that the violation has not not been corrected at that time is when the violation the fine would be imposed and it would be imposed retroactively back to October 1st if the violation has not been corrected so to correct it I have till now until when October 1st you know I wish you would be more respectful this is a serious matter yeah it sure is and you guys didn't care when I was in the DI okay okay enough enough question October 1st ma'am yes 20244 okay um and then October 10th 2024 is when we reconvene yes if you're in comp in compliance and the county tells you that you're in compliance and you just need to verify with the county officials I believe um Mary are are you her contact okay do I need to have an engineer from the county or do I I have to get a permit for doing this Miss goas we can help you with the permit we can help you Shepherd you through the permit process and give you that information the special magistrate doesn't have that information because there wasn't a permit when I was looking for it okay so the county can help you with all of that and as long as if you're in compliance then you don't have to come back here on October 9th or October 10th if you're if you're in in compliance you're done she means I'm sorry I don't know what she means by corrected I don't know what she means by corrected either because it wasn't functioning okay we're going to take a um five minute break [Music] [Music] [Music] n [Music] [Music] oh [Music] all [Music] [Music] low yeah hey um we're going to call back to your order and I'm going to go ahead and call um Mr love we'll do all of your cases um first we'll do 2367 cesm thank you did you give them all three of his okay yes that's right while we're getting set up for the record McGregor love 2115 North theola Drive U the louns law firm thank you okay I'm ready when you're ready you've been sworn already have I no you did not get sworn when we swore okay no sorry okay any other County employees who need to be sworn if you haven't been sworn raise your right hand do you somly swear affirm the testimony are about to give to be the truth the whole truth and nothing but the truth I do thank you Jason ruer seminal County Inspector this is case number 2367 CM I friend Lima and Kelly endurus uh 3125 l Drive oido uh the violation was uh semal county code chapter 40 appendix a section 105.1 construction without the required permits this case was originally heard by special Magistrate on November 16th 2023 and an order was issued giving the respondents a compliance date of July 10th 2024 with a scheduled meeting of July 11th 2024 an order was issued issued on July 11th 2024 extending the compliance date to August 7th 2024 uh with the meeting scheduled for August 8th 2024 an Affidavit of non-compliance was filed by the inspector after reinspected on August 6 2024 on August 8th 2024 an order was issued extending the compliance date to September 11th 2024 with a meeting scheduled for September 12th 2024 with a stipulation of submitting a site plan on or before September 11th 2024 uh the finding of facts and conclusion of law order imposed fines uh dated November 16 2023 shall be imposed being on uh July 11th 2024 of the site plan is not submitted administrative costs process this case for the inspector totals $913 35 the administrative cost to process this case for the clerk totals $193 um that's a total for the inspector and the clerk of 1,645 I recommend that special magistrate issue an order constituting a lean in the amount of 30 or $3,200 for 64 days of non-compliance from July 11th 2024 through and including September 12th 2024 at $50 a day and a fine shall continue to acre at $50 per day for each day the violation continues or is repeated after September 12th 2024 [Music] so was the site plan submitted uh to my knowledge there was a partial site plan that was tried to they tried to submit but Megan do you want to address that good afternoon Megan zorski project coordinator for the record um uh C our Central intake desk received um application for site plan earlier this afternoon um it was forwarded to um the planning manager and myself and Sarah Hartung our natural resource officer for a cursory review before the application was taken in for completeness um it did not meet um cursory review for several deficiencies it did not show all of the structures that are outstanding on the property did not show the normal high water line it did not show um the the amount of fill on the property there were several um issues with the site plan in and of itself that was submitted um it it just was not complete as far as what we're looking for and what has been outlined um to the property owners as what was going to be required to be a site plan for the amount of fill there's also there was not an arbor permit submitted there's been trees removed um it just was not a complete application for what needed to be submitted for a site plan and and it was submitted today so okay um in in other applications do you do a cursory review or do you just just accept them in we will do a cursory review um especially when we've had meetings with customers prior or they're doing a resubmittal or for code enforcement will this meet your needs does this have everything on it before I finalize the survey or is this what you need we will do that before we take in an application okay so did we accept partial and give them comments or do we give it back to them I will let Dale speak to the status of that okay Dale Hall planning and development manager uh we received a well Alexis B Who is the the clerk received an email from Mr love today at 11 o' that basically said that and I have it here I can give it to everyone uh take H can you let me know whether this that this is what the I'll read it can you just let me know whether this is a site plan I may hang back a bit and and well we'll hang also for the record uh I'll just read that one so it was submitted to the clerk which is not our process for site plan review electronically Alexis B right electronically or electronically an email was sent okay with a site plan what was potentially a site plan and wanted her to comment on we typically don't take things through that process C there was no application we have a full application process that has been uh expressed and told to the applicant multiple times on how to submit so as a courtesy we sent it immediately sent it to some of our plan reviews to see how complete it was and with the time available we were only available to come up with some things but in a quick glance we have a list of items that show that this application did not meet or this submittal didn't meet a site plan so we have that available for everyone right now the appin has not received this because we did not have adequate time to do a thoral review and we don't give partial reviews we do an entire review what we would have done in this case if it was any other applicant we would have just sent it back to them and said do a complete application and send it through the proper processes um we do partial reviews on occasion but we've done multiple partial reviews on certain things and um we only have so much time to spend on items so I have things for the record if you would like them if not I'd be more than happy to answer any more additional questions that may come up if you have something you want to submit that's fine but I I mean I I will uh submit well we don't have our we we don't have a part it's a partial plan review so I I don't want right okay just submitting your testimony is is fine testimony is fine okay Mr now I do want to add one thing there was a um correspondence Mr love had sent a survey to Megan on August 13th in which he mentioned in his email uh this is outside your purview but wanted to send this along and then he asked for a meeting with the county staff to go over what's needed for submitt on a site plan at which time uh he said he would like to measure twice and cut once if possible and I sent an email back to him two days later which basically said yeah this is outside staff's purview to do this and we've met multiple times this is what the plan site plan entails give him a copy of the letter that was sent from staff on December 1st 2023 that outlined what a site plan submitt is and what's required on a site plan and then said the development Review Committee would be would love to schedule a meeting to discuss the site plan after the application has been submitted okay this I would like to submit with the public record okay um do you have a copy for Mr love absolutely this stuff's going to fall on the floor I don't give a all right clerk magate thank you okay so I can provide some contacts here okay one more second because I think the County's not done yet so as soon as sure then for the record Bob Pike building official simal County uh I just want to State for the record that uh Planning and Zoning has reached out and sent them multiple letters on the exact items that need to be included in a site plan and I know that they have met with them at least three or four times and building department has met with them at least three or four times so it was all been made clear very clear what was needed at these meetings with everybody involved and here we are today and we still don't have what is needed so I just wanted to make that record for get that said for for the record and that's all I have okay thank you is there anything further from the county that concludes the presentation okay would you like to submit the electronic case file into the record yes I would along with the email that Mr Hall provided do you have any objection I have an objection to the email because it was misstated okay um would you like me to read the email that I sent your honor is so the email that he just handed you is not what what he I apologize I missed the email he he handed me is correct the email he read into the record is incorrect okay do you have an objection to the email he provided no okay then I'll accept the electronic case File and the email provided my Mr Hall into the record okay so I'll start with the email that I sent earlier today because it is genuinely a misunderstanding about why I was sending that to uh Alexis um so I I stated Alexis I was chatting with Sarah Hartong who's uh here today environmental department and she mentioned that shadow bay may be the first up and take a while could you please let me know whether that is the plan um I may um hang back for a bit and let um the crowd disperse also for your records I wanted to show you the attached in connection with 3125 lower drive and and the reason I sent it to Alexis is so that you could have it as part of your record not to submit it formally as a site plan application to the clerk of the code enforcement department uh but rather to send it so that it was part of your record okay and so that's what these documents are corre that Alex us provided okay okay so and in terms of the the con uh the discussion that I've had with staff regarding uh the plans most one second so staff has seen these two documents that were provided to Alexis is that correct okay I'm sorry go ahead so what I'm learning today is that you know not all of Staff have seen it for as long as it's as as it's been circulated because mostly I've been working with Jim Potter um it's a County engineer uh to figure out what is needed for this small site plan um and code is helpful in in directing you to kind of required here but because of the the the nature of the changes that were made to the property without um permits and and the changes that were made since they originally pulled uh did some survey work like we have a wetland delineation line um from 2017 that's no longer really trustworthy because Phil has been brought in in the interim and so we need to have a a new Wetland delineation performed um all this was information that was not necessarily clear from code or from The Correspondents that I reviewed but but Jim was excellent at walking me through all of it so was Sarah um in in the environmental Department uh so what you have before you and I'm not not sure are you looking uh your honor at one plan or are you looking at are there two individual documents that you have two individual docents so the the the one that has a zoning sign off on it from paa Archer that is the uh the site plan from [Music] 2016 that shows a wetland delineation line there at the northw Northwest um that is the line that Sarah has informed me needs to be kind of remeasured based on the the changes that have occurred um in the intervening years and the property owner has asked uh their uh engineer or sorry their surveyor uh to perform that work um the other plan that you have is the plan that I have been working on with uh mostly with Jim Potter uh that includes the information that in his opinion um would be necessary to process the small site plan and Jim was very clear with me that it's a multi-department review and that he can't guarantee me that other departments won't want to see other items on the plan but in you know Jim Jim was looking to make this as um you know as practical and easy to uh work through as possible for for my client uh and you know we're trying to work towards providing all the information that the county actually needs uh to to process this so that's the background um with the site plan I didn't want to give you the impression that I tried to submit it um uh several hours before this hearing um we we've been working on it for a little bit um trying to figure out what's needed on that on that plan uh but we don't allege that we have met your um the terms of your order uh we believe that we can submit a sufficient plan um very soon uh but what we need is we need um the information from an arbor specialist about uh what trees were removed the species the caler size all that information um needs to be reflected on this site plan we also need a new Wetland delineation line which we'll have added those are the two items that I'm aware that we need um but we will work with all the Departments to figure out if there are other items and it sounds like there was a uh a quick review performed today so perhaps more comments came from that okay so is that all yes sir okay I'll accept um the two documents into the record just as the documents that you referenced during your um your statements um is there any objection by the county to these documents okay um I have to tell you I'm very disappointed um because I feel like we've been working on this for a very long time and I'm the I've heard about the Wetland issue for many months so I'm having a hard time believing that it was just discovered in the last 30 days no no I don't allege that it was discovered in the last 30 days no and I know you didn't allege that but again this goes to the deficiency and the knowledge of what is going on on the property by clients and their continued failure to just hire someone to get the things done that they need to get done and so I've reached the point where I'm going to go ahead and I'm going to impose the fine and I'm not going to provide another continuance um and I'm going to impose it retroactive back to um July 11th um because the site plan was supposed to be submitted yesterday um and it wasn't submitted and so my recommendation is that the sooner that they get this all taken care of and get all staff's desires on their site plan not just engineering because engineering has different things that they look at then planning and zoning and so forth that they get a site plan that everyone can bless so that these building permits can get issued that's where we're headed and um the sooner they get that done the sooner the the fine stops so our real issue is the fact that we don't have building permits for these structures and I understand that a site plan is the preliminary for that but that's what our real goal is is getting building permits for these structures so I am going to go ahead and impose the fine effective July 11th 2024 it's $50 a day it will continue each and every day until such time as um the violation is corrected and soon as it is that is certainly something I mean fine reductions are something that I'm sure happen all the time from the county if you know you file the proper paperwork to get that taken care of then I'm sure that they will process it accordingly but I just urge you to get this in and get it done so that we can get the permits for the property understood um I'm also going to impose administrative costs in the amount of $1,100 and or $1,645 um how long would you like for them to pay that what is honestly what is typical for for your orders typically 30 days but I'll give you longer if they're trying to come up with fees for these other applications that they're submitting if I'll ask for 60 if that's okay okay and those need to be paid within 60 days of the order if they're not paid there'll be a lean that goes along with the other fines that have been imposed understood all right thank you thank you we're going to go ahead and call the next case which is 2417 cesm ifra Lima and Kelly andrece I'll remind you you're under oath yes Jason Rucker semal County Inspector this is case number 2417 cesm uh I Lima and Kelly endurus uh 3125 Lowry Drive in oido violation charge seminal county code chapter 4 pendex a section 105.1 construction without the required permits this case was originally heard by special Magistrate on March 14th 2024 and an order was issued given the respondents a compliance date of April 10th 2024 on April 11th 2024 an order was issued extending the compliance date to July 10th 2024 with a meeting of July 11th 2024 on July 11th 2024 an order was issued extending the compliance state to August 7th 2024 with a stipulation of providing a building official access access to the property um no later than July 12th 2024 to verify the Electric electrical revisions in the event the building official is not permitted to access the property and Order um The Continuous granted pursuant to the second uh amended order will be revoked and the penalty set forth of finding a fact conclusion of law order um imposing fines of March 14 2024 shall be imposed uh beginning on July 11th 2024 an Affidavit of non-compliance was filed by the inspector after reinspection on August 6th 2024 on August 8th 2024 and order was issue extending the compliance date to September 11th 2024 with a meeting scheduled for September 12th 2424 with a stipulation of submitting the site plan on before September 11 2024 the findings of fact and conclusion of Law and Order imposed fines dated uh November 16th 2023 shall be imposed being on July 11th 2024 if site plan is not submitted the administrative cost in this case for the inspector was $685 72 the administrative cost for the clerk total is $150. 190 with a total cost of $836 62 recommendation is that special magistrate issue an order constituting a lean in the amount of $16,000 for 64 days of non-compliance from July 11th 2024 through and including September 12th 2024 at $250 a day and a fine shall continue to acrew at $250 per day for each day the violation continues or is repeated after September 12th 20124 that concludes my presentation and I request that this be submitted to the clerk okay do you have any objection to the electronic case File being subed no objection okay uh the the factual background for this one is identical to the to the last one um I I would ask for your cons consideration of continuing this this violation date given that it's $250 a day um and it would avoid the ne necessity of having to reduce uh two fines and and this one would become very significant very quickly especially given the road that we have ahead of us um but of course I it is certainly within your discretion make whatever order uh you deem fit but I would ask for um for that relief okay what I'm going to do is I'm going to order the um fine to go into effect um today so the acred fines of 16,000 I'll just make the fine effective today um or actually yesterday because yesterday was the compliance date so it'll be effective yesterday $250 a day starting yesterday um moving forward and I will also impose um um costs in the amount of 83662 to be paid within 60 days thank you okay all right and the next case um 2425 cesm Amed and Sakina nor Muhammed Jason Rucker simol County Building um this is case number 2425 cesm um am me in Sakina Nur hamat at 846 Al Point Sanford Florida violation charges simol county code chapter 40 appendix a section 105.1 uh construction without the required permits this case was originally heard by special Magistrate on April ail 11th 2024 and an order was issued giving the respondent a compliance date of July 10th 2024 with a meeting scheduled of July 11th 2024 an Affidavit of non-compliance was filed by the inspector after reinspection on July 10th 2024 on July 11th 2024 an order was issued extending the compliance date to September 11th 2024 with a meeting schedule for September 12th 2024 the administrative cost process this for the clerk totals $1,451 the administrative cost to process the case for the inspector totals $447 122 uh the total cost for both the inspector and the clerk was $592 33 uh we recommend the special Magistrate issue an order constituting a lean in the amount of $50 for one day of non-compliance from September 11th 20124 through and including September 12th 2024 at $50 per day and the fine cont shall continue to acre at $50 per day for each day the violation continues or is repeated after September 12th 2024 that concludes my presentation and I would like to request that this be entered into record is there any objection to the electronic case File being admitted into the record you're I didn't I didn't see it in his presentation but in the electronic case File I have here on page six it provides that that no permits have been issued to correct the violations there is an open building permit for uh this it's it excuse me I'm sorry go ahead go no no if you have clarification that's in plan check so it has not been issued so they're still checking okay so it has to be issued before the violation can be closed understood um so uh other than that no objection to to the I I I think that the term I I believe it's been issued but it hasn't been approved because we've received I believe building and several departments have actually submitted their comments and no objection to the plans it's in plan check ma'am Megan zorski for the record um Sarah Harang um and I both have comments on this permit that are outstanding because the retaining wall encroaches into a conservation easement that neither the HOA nor seal County um will approve the retaining wall needs to be relocated outside the the conservation easement okay so I can talk I can speak to that um that issue if unless the county has something else on the on the permit okay so that that is the what we've been trying to to sort out is is whether the county has the authority to approve uh improvements within a drainage and conservation ement because the Land Development code suggest that it does and I was just speaking with Rebecca hammock about this she and she uh assured me she's going going to look into it and I have been discussing it with Sarah Hartung as well and I'll read you the code section here that's that I believe is that issue um it's uh it refers to um any portion of the and this is section let's see I apologize I don't have the specific code section in this snip that I took of it but says any portion of the platted lot which lies below the 100-year flood plane elevation or Wetlands line must be dedicated to the public as a drainage easement a conservation easement or buf no filling or grade level change will be permitted which will adversely affect any surrounding area so there is a qualifying there there there is an affirmative demonstration that's required uh to improve within a conservation and drainage easement but it is not a blanket prohibition uh and in in the it's further Complicated by the hoa's internal documents one document says well we cannot allow you to improve within the conservation and drainage easement and please see our you know unattached Lake and Canal regulations which I obtained a copy of and those specifically provide I'll reud this language and this is from a letter that I sent to the HOA um no docks retaining walls are permitted within the conservation and D drainage easements without pre-approval from seminal County government and the Architectural Review Committee so we're in this sort of Catch 22 where the Architectural Review Committee is telling us well we can't the the semal county won't let you do that and seol County uh is of the belief currently that they don't have the authority to do it I don't think that anyone is uh trying to sty us but I think we need to sort out whether there is a p and if the if the answer is it must be removed it must be moved back then that's what my clients prepared to do but I don't think we've gotten to that answer yet okay so Megan let me ask you this um when when was the last communication that you've had related to this we've had no resubmittal on this permit since the original submitt okay so you who have you been communicating with Sarah yes Sarah okay and Sarah and I have been communicating regularly about the about her Communications okay and so how often have those occurred are they have they been regular that you've I know it's been off and on I don't know that it's been very consistent but I know he's also dealing with the HOA because it is from my understanding if I remember the plat correctly that it's like dual designated to both the HOA and seminal County and we also have in it's not just the code section but we also have our definitions of conservation easement and that it's supposed to be open natural and basically no construction it's supposed to be left in its natural state so it's I'll leave it to Rebecca if Rebecca's researching it I'll I'll leave it to our director that's under her purview to do so and she may come to um an understanding or an interpretation of the code that I don't have but that's the conversations that I've had with the the HOA board members and previous conversations with the director that it was not in our purview to appr and and the other confusing issue about this particular easement it's just dedicated on a plat there's no separate easement document and what it provides is this is a drainage and conservation easement but then when it describes what the purpose of the easement is because this is a man-made lake that this is not a natural water body it says it's for maintenance and drainage purposes so the conservation element of it almost seems like Superfluous language almost like just standard thrown in there um I think that I would like my client to have the opportunity to show that it will not adversely affect neighboring Property Owners I mean the reason he did this in the first place is because the first hurricane flooded his property his Engineers very confident that they did this in a responsible way I'd like for there to be an audience to to make that showing if there's not then there's no intention to to finish it against the County's code but I think we need to get to the answer okay and um so Megan you're telling me that that Sarah is working on this correct she's been in communication with Mr Lo okay so I don't feel comfortable um imposing the fine if we are in fact working on this issue um and we haven't made a final decision once there's a final decision I obviously we it either you know if the final decision is that it needs to um go if he's been in communication with Rebecca I don't have any anything to go on other than that he's communicated with Rebecca directly if you want to do another continuance for 30 days and I would assume that within 30 days she would have her determination we can revisit it okay so I think that that probably sounds reasonable absolutely so that means let's keep in constant communication so that we're not back here in 30 days and we still don't have an answer let's on both sides let's make sure we do that absolutely okay so I'll go ahead and um continue um the compliance date to October 9th is our the day before our next meeting okay thank you your honor thank you okay and then um the case which which case was that she need The Interpreter case oh oh that's Ruby Ruby no Ruby is one of them okay Ruby Court the 2 okay is 2445 here cm it's West Lake okay West Lake then what was that other one West Lake W Lake I don't even I don't see her where did the lady oh right there the lady that asked for The Interpreter what's your name oh this is a different lady she's here to be The Interpreter for okay so of an interpreter yeah so are we letting this young lady go I okay um and so what this lady right back here that's shaking her head who Okay 2359 cesm Miss moral West Lake Bley correct yeah Allstar Assisted Living yeah yes please and so I need to swear you in first do you solemnly swear to translate from English to Spanish and Spanish to English to the best of your ability yes okay now we're going to swear her in if do you solemnly swear firm the testimony you're about to give to be the truth the whole truth and nothing but the truth she does okay thank you go ahead Jason Rucker semal County Inspector this is case number 2359 CM All Stars Assisted Living Incorporated elisia uh GIS at 11:31 West Lake Brantley Road alont Springs um viol in charges the simol county code chapter 40 pendex a section 105.1 construction without the required permit on September 14 2023 special magistrate issued an order giving the respondant a compliance date of December 15 2023 and scheduling a compliance hearing for January 11th 2024 an Affidavit of non-compliance was filed by the inspector after re inspection on December 15 2023 on January 11th 2024 the special magistrate issued an amended order extending the respondents to a a compliance date of February 7th 2024 with a meeting on February 8th 2024 on February 8th 2024 special magistrate issued a second amended order extending the respondents compliance date of June 12th 2024 with a meeting schedule for June 13 2024 on June 13th 2024 special magistrate issued a third amended order extending the respondents compliance date of August 21st 2024 with a meeting schedule for September 12th 2024 an Affidavit of non compliance was filed by the inspector on August 22nd 2024 after reinspection the administr ative cost to process this case for the inspector total 700672 the administrative cost to process this case for the clerk was $286 38 uh for a total for the inspector and clerk was $1,534 recommendation recommend the special magistrate issues in order con stituting a lean in the amount of $1,150 for 23 days of non-compliance from August 20 1st 2024 through and including September 12th 2024 at $50 per day and a fine shall continue to acre at $50 per day for each day the violation continues or is repeated after September 12th 2024 that concludes my presentation and request that the this be submitted into record okay he's requesting that the um electronic case File be submitted into the record that she has in front of her does she have an objection can you speak into the microphone I need her to speak into the microphone um she I I try to do my English and you can help me when I sure okay so I know that I was supposed to come back in in August but I didn't never receive the invitation so I missed that one so because you gave us the time to make a decision what to do and you said you we even can have extra time if we need it okay before we go into that I need to know if you have an objection to the electronic case File that is what you're looking at right now they're asking to submit it into the record she says yes okay then I'll accept the electronic case file into the record okay now does she want to present information regarding the case there the county has indicated that you are not in compliance still yeah um I think I guess that I explained better okay they started this process um several [Music] months they try to follow the requirements from the county to submit for a permit they h a contractor they made the plans so so she said she bought the property with the um alteration oh so she brought the property with the construction already there no she's already testified to that plenty of times so okay [Music] okay so she said last time when they submitted the plans that the um I guess the comments that she received that the setbacks did not meet their requirements zoning from zoning okay they gave her two options they said the first one was to give from um an extended period of time okay she said that she didn't get the second letter for I mean the letter from August to come and be present for the hearing yeah she was present at the hearing no the no oh I yeah I believe she's confused we didn't come to a hearing in August her compliance date in the last order which was my third amended order indicated that she needed to come into compliance by August 21st 2024 and she didn't do that according to the um the officer Okay so okay so she said she's been trying to communicate with Vicki she thought that she had to um be present here for the 20 August 23rd but I I explained to her that that was not the hearing that was the August 23rd isn't even a date that is I know that was in August I don't have that date specific but I was waiting for the invitation but she's under under the impression I'm sorry judge that you had given her um that she had to come here in August to get an um yeah extended time to come in compliance that was her misunderstanding okay and have their has there been any communication whatsoever the the only communication is when I posted the property I talked to her the last time I was there for this hearing okay make sure that they got the notice to be here okay but other than that no I mean to my knowledge I mean it's still the same they they're trying to put an accessory dwell make a shed into an accessory dwelling yeah but back that doesn't meet the requirements okay do you want to let her know that one of the options that that was offer was to do the variance and that's what I want to pursue okay but the variance can only be for a shed for storage unless you come in and do redo your special exception what was it the Special Special exception I guess she wants to do the special except okay so this was where I explained to you upstairs that you might have to reconfigure the property and it might have to be attached because you're not allowed detached living quarters okay but to answer your question ma'am the only communication I've had is a resubmittal from the contractor that is literally just resubmitting the same documentation over and over again with no response to comments they're not changing any of the plans they're not changing anything they're not even responding back there's boxes that they can type in response to comments asking questions there's zero communication no communication by phone by email with the contractor it's zero yeah basically I'm doing it this he is not really involved anymore he is not really doing anything because we are waiting but the plans don't meet what have to exist inside the shed it has to be a shed and it's not a shed okay to be a shed what need to be done we can talk about that upstairs because it needs to be storage only we've had this discussion I've laid it out I've provide you your special exception documents we can outline it for you again and make it very clear for you and you'll need to talk to a planner about your special exception process and what will be and won't be allowed or that is something that I need to do by myself or I need to get involv with another contractor a contractor will not be able to do it you could hire a consultant to do it for you again if you'd like to come upstairs on the second floor when we're open we'll be happy to help you with that okay and when were the discussions months ago they came maybe three months ago upstairs her and her husband I provided them with a special exception I went over um the documentation the fact that the variants didn't go through the first time with the shed when the original people put it up I don't know that the sheds even had its final inspection for the Second Story Edition that was added on to it there's a ton of issues with the original structure of the shed in and of itself alone let alone the conversions that were made to it so I'm trying to help her the best that I can in explaining the complex nature of this structure that exists and trying to get her where she wants to be but it is complex she's going to need a variance if the variance can be approved she's going to have to redo her special exception to add on to it because those are all things that have to go through public hearing process and the problem that I'm having with it is today I'm hearing the same testimony that I heard when I originally heard this case that this was here when you bought the property and the that is a problem for me because they have tried to communicate with you and you've not listened to what they've asked you to do and so each time that you have been in front of me you've said you wanted to do something different and you made overtly made changes to a structure that did not have permits no I didn't make any changes the only thing I did I replaced a a rock for for another rock carpet for another carpet I didn't make those changes you didn't put the stairs on the outside no no so you bought theforce what was there you you bought what was it had the all of that on it completely everything is the same was okay I just replaced toilet for another toilet replace a carpet for another carpet I didn't create new things okay um but nonetheless you they have been trying to explain to you what you need to do yeah but when I came here you asked me to do the submit the permit I have the whole hope that I spend $15,000 in Engineering in the in the plans and everything was revoked and I'm just trying to save what I can take from those $15,000 what use can I have for this building that benefits 15 000 is a lot of money for me but you you put $115,000 into the building no in the engineering and in the plant for the building and then found out that the building cannot be where it is correct I just follow if from the beginning you you you can tell me this is not going to happen I don't want to spend that money okay and did we when um this was when this originally came before me in September of 2023 at that time had she been notified that she couldn't um she was going to need all of these other things with her um with the zoning we probably wouldn't have known that right off the bat until she had submitted something so once she submitted then we would follow the permitting process with going to zoning to figure all that out because we don't know on the initial violation when we're out there whether she meets or not because of you the um survey and things that are submitted with the application show where it's located and whether it violates the setbacks and those sorts of things so that's another struggle that I'm having because she purchased without you know she purchased with it like this and hasn't made any changes now do you all have the ability to know when these changes were made or when it we we can try to do aerial photographs but but it's hard to yeah sometimes doesn't say and that doesn't that doesn't necessarily that would give us the outside and that doesn't necessarily give us what was done interior is anyone living in the structure no what's it being used for right now uh storage I I I created for me to live because I purchased this facility and my family stay in Tampa in order for me to take care the residents that I take care I need to have a place for my own so I was inside in the same area I said okay this is perfect for me so I never thought I was encouraging all these problems I'm trying to do the best I can with all the money that we invest in the business all the money that I need to create to build my my facility and better standard to do a better life for these residents that was poor and actually that is something that probably the county need to be looking to places when it's new I encount all the problem but when was there nobody see the problems that was there so I'm trying to do the best in my ability and my knowledge that wish I don't have a lot of knowledge on these things um but now nobody's living in there I have my things there I used to live downstairs because sometime I don't have a stuff at night time I'm downstairs but I have my my personal items now upstairs but wait you're living in the downstairs portion of it no downstairs means in the facility okay with my residents okay yeah Megan how long would it take her to go through any of the processes that are necessary a variant um our cut off is Friday um minimum for that is six well it's 90 days because we don't have a hearing in um December in November um and then the special exception that's based on public hearing dates um for Community meetings and then how that falls with pnz and then BCC so 6 months easy and that's based on how quickly she can get her drawings and her survey and all of the things done for the addition that she wants to do for the special exception because none of that's done I had the survey that originally got from the but you're going to have to have a site plane drawn with the addition placed on it if you're adding on for a living space for you that's attached to the existing structure because the structure that exists that shed cannot be converted to living space okay under any circumstances under any circumstances because of the commercial use on a residentially zoned lot it cannot be detached living space okay so you cannot live in this structure unless it's attached to the unfortunately I understand and I agree okay but if where can I use this space that is use for my investment can I use it as a office can I use it as a when you come in we will have to evaluate that with your special exception you are not a typical residentially zoned lot you have a commercial use on your property and everything that you do that is outside a typical shed will affect your special exception I I do anything to be legal to be in peace right so what I'm asking you to do is to come in and visit this with a planner so they have time to look at your special exception documents and what you'll need to do to be compliant because I can't answer that because I don't have your special exception document in front of me so the the what we're trying to achieve here though is is compliance with the building per without anything extra that needs to be re converted back to a shed and a variance obtained for the setbacks because it does not meet the setback requirements for this zoning District okay so it has to either be demolished correct which would require a permit correct or it needs to you need to go through a process either of which to get a variance for the setbacks okay the variance process is going to take you 90 days um so there's no way she can come into compliance before the first of the year before the first of the year anyway correct so we would be setting her up for failure by telling her you know regardless and then she bought this property in this way correct so I'm inclined to continue you one more time um for 90 days which would be the first of the year the that next meeting um but I also am struggling because I I'm afraid if I give you 90 days that nothing's going to be done in the 90 days again no ma'am no but up into this point you I I sat talking to you and I was under the impression you understood exactly what we were talking about and you said that you were going to comply the last time and you didn't do anything well this is what happened we we feel like we have no other choice to destroy that but I say I need to see what can I benefit from that investment I'm going to try what else can do I'm trying my my last resource and I understand that but your investment individual my investment when I means that when I purchase the place no I know what you mean was including that but on top of that what I spend with the engineering and the the plans that was a totally waste I I know what you're saying but your individual investment decisions have no bearing on the County's rules and regulations I follow what in been say to me here that's what I did yes but you could have also your engineer could have assessed it and looked at the code and saw that it didn't meet the setbacks and so you didn't receive um full advice either so it's not that's not the County's problem that you went to a professional that didn't provide you with the proper advice because someone should be if they're providing that information for you they should be looking at the County's code to make sure that it's in compliance with the County's code as well so what I'm going to do is in application get I want to clarify so the cut off for the next hearing date is tomorrow at 3:30 the application has to be submitted and paid for by 3:30 p.m. tomorrow well there's no way she could do that NOP it's Absolut it's absolutely doable we have the site plan already okay because it's attached to the permit okay so as long as she completes the application and submits it and pays for it we have applicants do it all the time within 24 hours they find out they need a variance we have it done all the time okay it's not a complex application by any means so if she can come in tomorrow the girls at the counter can help her get it completed and she can pay for it while she's here we have no on staff and everything then I'm going to um just continue this for 30 days and if you have not submitted your application and start chosen a path whatever that path is going to be if you're going to demolish the structure if you're going to put invest more money in it and get a variance and use it for storage whatever your whichever path you're going to take you have 30 days to have chosen that path have so that we can get you closer toward getting building permits issued for this structure so I will revisit it in 30 days I'll continue it and I promise you if you have not at least taken a step for a path and submitted an application and they're telling you that tomorrow is the deadline for the next um the next process for the variance that um I'm going to impose a fine okay okay all right I'll continue for 30 days thank you yes which actually is by October 9th I'll continue to October 9th it's less than 30 days yes it's it's probably a little less than 30 days then October 10th is the next hearing here will she have to be present for yes oober 10 thank you okay I'm going to call 22103 Thomas Courtright you had memorized your your number hadn't you f out what's the case number where's that at you raise your right hand you solemly swear affirm the testimony you're about to give to be the truth the whole truth and nothing but the truth yes ma'am thank you this is my last one all right yeah that's page there we go page Jason Rucker s County Inspector this is case number 22103 103 cesm uh Thomas J cartright Jr uh at 5675 Deer Path Lane Sanford Florida violation charged is simol county code chapter 40 appendix a 105.1 construction without the required permit this case was originally heard by the special Magistrate on December 8th 2022 and an order was issued giving the responded compliance date of March 9th 2023 okay Jason I'm going to stop you right there okay because we know we amended several times okay um you want me get down to the cost with the LA well the last um compliance date um was entered on June 13 Jun 13th 2024 the special magistrate issued an order extending the compliance date to August 21st 2024 with the meeting on September 12th uh 2024 an Affidavit of non-compliance was filed after reinspection on June 12th 2024 the administrative call wait wait wait we're in compliance now right when was the compliance date last Monday so the compliance date was comp comp 82 8 8:21 was the compliance date oh so it was on the August 21st date okay okay okay so he is now in compliance um the administrative cost for the inspector uh on this total is $1,210 45 the administrative cost for the clerk on this case totals $338 70 uh totaling an administrative cost for both the inspector and the clerk of $1,549 15 recommend that the special magistrate issue an order constituting a lean in the amount of s no nope you're not doing that cuz he's in compliance you're no he he was in compliance as of the date of my order um so I'm reading off the agenda talk to me a little bit what remind me um did you purchase this property like this yes man well purchase the house that way we did some of the renovations and yeah when the inspector came out the first time we got fined for and cited for a lot of structures and dwellings that were built pre my purchasing the property um which everything now is incompliant finally after 22 permits it feels like and thousands upon thousands of dollars um so I'm just kind of asking if there's anything we can do with some of these fines okay so you um you did make the some of the um the changes without the permits and you acknowledge that okay okay okay so were you in compliance on August 21st or September 4th September 4th okay was the original for day find amount 50 per G okay so you do have this is accurate yeah $750 okay so what I'm going to do is I'm going to because compliance was achieved 15 days after the date of my order I'm going to order that um a fine and the amount of $750 is imposed against the property and it will um constitute a lean until you pay it off um and then I'm going to split the baby on costs um the costs are $1,549 I'm going to order $775 in costs um to be paid within 60 days or they will constitute a lean as well against the property so the 775 is is cost to be paid within 60 days and the 750 amount is the fine stemming from the out of compliance for the 15 days and it will just be recorded as a lean unless you pay both then they'll go away so if they're both done within 30 days there's no lean or it starts to lean now it well the lean would be recorded as soon as my order is entered um but as soon as you pay it it's it's gone okay okay thank you all thank you special magistrate Andrew lanus County Attorney's Office can I make a quick announcement to your audience here um the animal services board meeting is actually scheduled in here at 6 that has preemptively been moved because I think you might guys might be going a little bit past 6 is anybody here for the animal services board meeting okay well thank you magistrate for anybody who happens to come in when I leave the animal services board meeting is being moved upstairs to room 3024 okay thank you for your time [Music] Alexis who was okay now we're going to call case number 2464 that is 2464 cesm Georgina mandula m and Javier muhana Figaroa sorry if I butchered those names were you sworn in I did okay fantastic and the respondent is not here no okay uh Amy Curtis e911 Administration addressing supervisor I am presenting a copy of the presentation to the clerk and requested to be entered into the record okay if you'll go ahead and present your case first all right um case number 2464 cm is for the property located at 312 Fairmont Drive Sanford which is owned by George Gina manduo Mendoza and Javier man Don o figuroa the violation charged to Simo County Land Development code chapter 90.5 a and 9054 and the description of the violation is the address numbers are not posted on the structure um the case summary is or sorry the initial inspection was 82223 we the notices were sent to the respondent 92623 10232 23 12423 and 22324 and then the CL uh compliance date and extensions were 1026 23 11 23 23 115 24 and 323 24 and followup site visit inspections were 92523 12323 220 24 32724 and the violation remains on the property okay the screenshot is the uh proper appraiser uh website shows that they that Georgina manduo Mendoza and Javier manano figuroa is the record owner of the property this is the certified return receipt received um for the notice for the hearing of the property this is a photograph showing um this is the um photograph that says the add showing that the address numbers 312 are not posted on the structure as of 9911 2024 same picture and then um s County Land go um f oh I don't need to go through this this is um the code yeah that's the code based on the testimony and evidence presented in case number 2464 cesm it is determined that the respondent is the owner of record of the property located at 312 Fairmont Drive Sanford in Simo County as determined by the property appraiser record in possession or control of the property and in violation of the Simo county code Land Development code chapter 90.5 a and 4 oh oh goodness all right further recommend that the special magistrate order the respondent correct the violation onward before October 9th 2024 in order to correct the violation the respondent shall post the address numbers 312 on the structure if the respondant does not comply with the order uh a fine of $50 will be imposed for each day the violation continues or is repeated after compliance the respondent must contact the inspector to verify compliance okay I'm going to accept the electronic case file into the record I'm going to find that the property owners were properly noticed to be here today and they are not here um I'm going to find that sufficient evidence was provided for me to find a violation of simal County Land Development code chapter 90 section 90.5 a and 90.5 4 for failure to have the proper addressing numbers posted on the structure on the property I'm going to um find that um or order that the property brought be brought into compliance by October 9th or a fine of $250 a day will be imposed with a compliance hearing of October 10th thank you thank you all right the next case I'm going to call is 2447 SE esm Armando cero Mr Palamino yes your um Armando's brother okay um and I do um for the record I see that there is a um an authorization from your brother authorizing you to speak on his behalf in this matter okay I'm going to go ahead and swear you in do you solemnly swear or affirm the testimony you're about to give to be the truth the whole truth and nothing but the truth yes thank you Jason Rucker simal County Inspector this is case number 2447 CSM is located ated at 170 East Third Court julota which is owned by Armondo Calo the violation charge Simo county code chapter 40 appendex a 105.1 description of violation is interior and exterior construction uh to include pool enclosure uh in multiple structures on the property without the required permits the initial inspection uh was done on on October 10th oh sorry October 17th 2023 um there have been several notices and extensions and compliance dates to the owner follow-up inspections that were done and followup inspections that were done by the computer and the violation remains on the property uh the screen shows that Armondo uh CER is the owner record of the property uh the next photos show that the property was posted okay this photo shows uh some of the violation that still remain on the property there's some interior photos and there's some photos of the Pool Resurfacing um there's a couple shed type structures on the property gazebo yeah keep going gazebo on the property several pictures of stuff that it was done without permits um some looks like some wiring circuits were done to an AC unit looks like they've done some interior Renovations throughout the house uh 2024 they got a demolition permit um for the shed and the pool and uh they got another permit that's currently in plan check for residential alterations so they have applied so the the de demolition was for the pool was for the shed and a pool for a shed and a pool so to demolish the pool I mean they can yeah they can take it out and fill it in yeah and that's what that permit was for uh according to my notes yes and it got and it was it was issued it was issued I don't know that it's been inspected yet but it's it's it was isue we're waiting for the uh the yeah the building departments uh pre- inspection but you but the pool is not demolished not yet not yet but are we we're here for no permit for the pool but a demolition permit for the pool was issued there has to be a demolition because there's Electric Run to the pump so we have to make sure it's demoed properly to be safe doesn't mean she knows the demo hasn't been done yet but if the violation is because they don't have a a permit for the pool but we know they're going to demo it correct there's a lot of things that we have them pull demo permits for especially if they have Electric Run to them for proper termination so that the people it's not a safety issue you know so if somebody goes out there and just says okay I'm going to demo the pool I could leave a wire sticking up that's going to electrocute somebody so that's not proper so that's why the county requires a permit for that but are they are you going to fill the pool in yes ma'am that's okay but why would we violate them for not having a permit for the pool if we know they're going to demo the pool well the violation I believe was for the resurfacing of the pool and the screen enclosure closure multiple stor so so it's not for the pool itself correct just for the pool en closure but if they're going to are you going to demo the pool enclosure as well the idea is to leave the pool enclosure as it is okay so then you would need you would need the permit for the pool enclosure then if you're going to leave it okay okay sorry go ahead no no uh the next slide shows uh plan review comments uh an e plan for uh the permit that is in plan check he's got several items that he needs to take care of the next slide shows the code section that we cited uh based on the testimony and evidence presented in case number 2447 CSM it is determined that the respondant is the owner record of the property located at 170 East Third Court julota in simol County as determined by the property appraisers record and in possession and control of the property and in violation of the Simo county code chapter 4 appendex a section 105.1 it is further recommended that special magistrate order the respondent correct the violation honor before 11132 in order to correct the violation the respondent shall obtain the required permits for the cited violations if the respondant does not comply with the order a fine of $50 will be imposed for each day the violation continues or are repeated after compliance the respondent must contact the inspector to verify compliance Ive presented a copy of this presentation to the clerk and request it be entered into record this concludes my presentation do you have any objection to the electronic case File that has been presented to you being entered into evidence no objections okay okay basically I wanted to um to give you an update on what have been done so far um we were able to hire a general contractor H we did a survey for the property and um it I believe it was submitted to to the to the building department and uh additionally we hir an architect to do the the the plans for to convert the the um multif Family into a single family um that was has been submitted to the to the building department as well um so that's the next case oh okay the the one that is is before me right now is for this the construction without a permit um and so what the county is is basically asking is that you come into compliance by November 13th okay which is the day before the um Hearing in November um do you have any concerns with being able to come into compliance and getting the permits for the construction by that time no I think we're we're almost very close to uh we're waiting for an inspection from the uh building department I to my understanding the uh general contractor needs to to uh schedule the the pre-inspection and for the for the demo so that's where we are at right now okay then I'm going to go ahead and order that you bring the property um that the property is in fact in violation of simol county code chapter 40 of penix a section 105.1 in order that um the property be brought into compliance um by obtaining the necessary permits um for the construction that's been done on the property by November 13 2024 with a compliance date um a compliance hearing date of November 14th 2024 and if you do not comply by that date there'll be a fine of $250 a day imposed okay okay the next case um Cara let's go ahead and do case number 2449 cesm which is the next case next case Okay officer Hill were you sworn no ma'am okay do you saw where affirm the testimony you're about to give to be the truth the whole truth and nothing but the truth I do okay Officer Hill S County Sheriff's Office code enforcement east region this is case number 2449 C esm Armando P cero located at 170 East Third Court in Chota violation charge of Simo County Land Development code Chapter 30 part 11 section 30182 use is permitted a multif family dwelling is not a permitted use in an R1 zoning District my initial inspection was on October 12th 2023 with notice to responded on October 17th and November 7th 2023 compliance date were October 31st and November 21st 2023 with multiple followup inspections including this morning the results of my inspection was the violation of a multif family dwelling remains on the subject property these photos were taken on my initial inspection on October 12th 2023 these are the stairs that go um on the outside of the residence to go upstairs because there's no internal stairs on the inside of this residence these photos were taken on the same date and this the inside of the um multif family dwelling upstairs the photo on the left was taken from red fin about August 2023 and then after that um Mr Clara purchased the property and the photo on the right shows uh from August 12th 23 the difference and that there's no stairs leading to the main structure downstairs these photos were taken on a reinspection on November 27th 2023 no change this photo was taken on January 5th 2024 no change photos were taken on August 30th 2024 these photos were taken this morning the suggested recommendation is based on the testimony evidence presented in case 2449 cesm it is determined that the respondent Armand p cero is the owner of record located at 170 East Third Court located in Sim county is determined by property appraisers records in possession or control of the property and is in violation of semal County Land Development code Chapter 30 part 11 section 30.1 182 is further recommended that the special magistrate issue an order for the respondent to correct the violation honor before October 13th 2024 but if we want to move it to the same date as the building department I would have no objection to that in order to correct the violation the respondant must convert the multif family dwelling back into a single family dwelling a the respondant does not comply with order a fine of $100 will be imposed for each day the violation continues or is repeated after compliance I would like to submit a copy of my PowerPoint into electronic evidence do you have any objection to the electronic case File being submitted into EV no objections okay and again um Mr um Palamino Palamino I will accept you as um acting on behalf of your brother who is the property owner um okay um is the is the only thing that makes the the dwelling unit a multif family dwelling unit the fact that there are stairs on the outside so to to make it into a single family dwelling they would need to have access from the top to bottom and vice versa so you would have to have access to the main living quarters downstairs such as the kitchen living room Etc so the only access point right now is that stairs on the outside of the residence so that's what makes the multif family dwelling there's no access into the main residence okay and was this built on to the residents without permits yes and I'm I believe Mr claro had purchased basically purchased the sins of the previous property owner so I believe that multif family dwelling was there before Mr claro purchased the property he just has updated it since okay and so are you understanding what needs to be done to correct the issue yes uh as a matter of fact I have here um some plans that uh the architect buil um trying to solve that that issue at the officer Hills brings to attention so uh I would like to present those as as a proof or well those will be submitted I mean are they already been submitted to the have they been submitted they have been submitted to the building department do you want to take a look at them I mean are they I'm okay with them I just was going to give them to you if that's what you needed I if they've been submitted to the county then they're in the County's record and as long as you're working with them now do we know does he have the ability to do what he's trying to do by November that would be a question for the building department with their with their permits and how fast that would work and if if the structure is able to you know be built that way I honestly don't know to to my understanding what the general contractor said uh is that there are two different phases so the first phase would be the uh the demo like the demolishing the the shed and the uh filling out the pool and then after that uh we can uh proceed with the other phase would be converting the multif family into a residential R1 zoning okay so compliant with what does anyone have any idea whether this can be done within basically 60 days I'm going to be honest I don't ever recall seeing anything being submitted for this um even even if they're going to phase it I would start plan review as soon as possible um typically they're going to have comments from building they're probably going to have comments for me um as far as zoning review setbacks um I don't know what they've altered so the from the original footprint to even know if they're going to need variances at this point if it meets building line I don't know what they've touched from the original footprint um so 60 days to see if he's even gotten moving on it would be a good start um as far as if he's even submitted a building permit and then we can give you um a guideline from there as to whether he's going to need variances or anything additional um but I would think 60 days would be a good start at least to show good faith in at least submitting a permit for the renovations to make the house compliant okay so one of the biggest things um that you could go south on here is not maintaining communication with the county because as long as you're communicating with the county and they come here and testify that you're doing all of the things in your power to possibly do to come into compliance um then you're going to go smoothly through the process but if there's ever a time where you aren't doing something that you need to do then that's going to um be where the breakdown is and where then I have to move forward with imposing fines so I encourage you as quickly as you possibly can to get in and meet with um both uh Jason and Cara to make sure you're doing everything that you need to do um for the county to get both of these things done simultaneously I'll go ahead and um order that this um particular case with respect to the um changing the single family making this a single family dwelling unit again instead of a multif family dwelling unit that I I will order that be um by November 13th as well um or a fine of $250 a day would be imposed for each and every day thereafter that the property remains in violation um and I would just recommend that you maintained communication with them so that we can comply by this date and and you can show your good faith working toward that compliance okay good all right thank you okay thank you 2462 cesm Mount Zion Baptist Church of Midway hello sir hi ma'am can you state your name please Johnny Perry okay can you raise your right hand do you somly swear airm the testimony you're about to give to be the truth the whole truth and nothing but the truth I do thank you Jason Rucker Spector simal County this case number 2462 cesm uh property uh Loc located at 2001 cypes Avenue in uh Sanford Florida uh violation charge is semal County uh code chapter 40 appendix a section 105.1 the description of the violation is installation of a structure without the required permits the initial inspection was done on 82223 uh the notice to the respondent was done on 82223 there have been several compliance dates and extensions as well as uh re followup inspections via uh on site and um via the computer and the results of the reinspection are the violation remains on the property this is the uh copy of the property appraisers that shows uh they're the owners of the church here uh this is where we got the greenen card back for from the respondents and here are the pictures of the structure several pictures here to go through um there was a permit uh that was applied for but it was void uh due to exceeding the seven day upload period um uh they didn't follow through with uh some of the requirements the next page shows the actual code section we are citing out of chapter 40 simal county code recommendation based on the testimony and evidence presented in case number 2462 cesm it is determined that the respondents are the owners of record of the property located at 20001 cypes Avenue Sanford Florida uh in possession and control of the property and in violation of the seminal county code chapter 40 appendic a 105.1 uh it is further recommended that special magistrate order the respondent correct the violation honor before November 13th 2024 in order to correct the violation the respondent shall obtain the required permits for the cited violation if the respondant does not comply with the order a fine of $50 a day will be imposed for each day the violation continues or is repeated after compliance the respondents must contact the inspector to verify compliance um I have presented a copy of this presentation to the clerk and uh request it be entered into record that concludes my presentation sir do you have any objection to the electronic case File which is before you being placed into the record no okay I'll accept it do you have anything you would like to provide yes ma'am uh as as noted we uh we applied for a permit on the 13th of February and uh it was AED on the 24th of February for lack of followup and the lack of followup was uh from our contractor and uh being knob we didn't realize that until I spoke with Jason and he told me that you are in violation for not fallowing up uh so we we were trying to uh get a permit but it was Ved like I said because the person that we entrusted the the contractor he didn't follow up he didn't let us know anything so uh okay um well what the county is asking now is that you um get your permit and get everything going um by November 13th right so they're basically giving you 60 days to get that brought back up and and going um is that something you think that You' be able to do well yes we just have to resubmit the permit request right yeah and U I don't see a problem with doing that I don't know uh now once we obtain the permit though it's permit would be uh part the the the structure we already have already you can see it's already here and we've already we've F hundreds of people on Wednesdays each Wednesday we feed hundreds of uh people and we take care of the homeless and and that's exactly why we want to get it Perman so we make sure that it's and so you get it permitted and then it would get a certificate of occupancy from there but the main the main issue here is to get a permit yes ma'am okay yes ma'am okay then I'm going to go ahead and order um that you um are in violation of seminal county code chapter 40 pinic a section 105.1 and order that you bring the property into compliance by obtaining a permit for the the structures or the structure by November 13th or I'm going to impose a fine of $50 a day yes maam okay mhm thank you thank you okay the next case 2463 cesm Chad Bishop oh he's not here did he leave I think it's Chad Bishop okay sorry is this where I go yes I'm going to go ahead and swear you in do you solemnly swear or affirm the testimony that you're about to give to be the truth the whole truth and nothing but the truth I do okay go ahead Jason Rucker seminal County Inspector this is case number 2463 CM uh for the property located at 18 oh sorry 821 Largo Court apka uh owned by Chad Bishop violation charge is simol county code chapter 40 appendix a section 105.1 description of violation is the installation of new sighting sofit and stone without the required permits initial inspection was done on 111 of 23 the notice was given to the respondent or posted to on the property at 11123 um there have been several compliance dates and extensions given um follow-up inspections that were done uh on site and via the computer and the violations still remain on the property the next screen shows the property appr appraisers website showing that Jad Bishop is the owner of the property uh we got the Green Card back saying that he received notice of the hearing the following are pictures of the sighting and the posting of the violation the stonework out front um that it remains these are different dates that were taken um there was a notice that had to be posted at one point on the property okay and the only permit uh there's been no permits pulled there was a reever pulled uh permit pulled in 21 that was the last permit on the property next slide shows the code that was cited Sim county code chapter 40 um based on the testimony and evidence presented in case 2463 CM it is determined that a responder is the owner of record of the property located at 821 Largo Court Apopka in simol county in possession of control of the property and in violation of the simol county code chapter 40 appendix a CH section 105.1 um further recommend that the special magistrate order the respond correct the violation honor before November 13 2024 in order to correct the violation the respondant shall obtain the required permits for the cited violations if the respondant does not comply with the order a fine of $50 a day will be imposed for each day the violation continues or is repeated after compliance the respondent must contact the inspector to verify compliance um I presented a cop C of this presentation to the clerk and request that it be entered into record uh that concludes my presentation do you have any objection to the electronic case File that's been presented um being submitted into the record um I don't think so I just would maybe say that the word I would use would be enhanced I feel like I just enhanced the exterior of the front of my house I didn't add or build anything um so I basically I just didn't know I needed permit so I would do what needs to be done to suffice this and okay so do you have a problem with me um accepting the electronic case File the information that has been provided to you submitting it into the record no okay I'll accept it into the record and I'll also um except that you didn't understand um that a permit was needed but when you received the various notices did you did you try to make contact I did I reached out and I came out here a couple times and I just F the lingo was hard to understand um and then playing what self-c contractor myself was intimidating with some of this paperwork um basically ran into a financial standstill I couldn't finish the project um and so here I am whatever needs to be done I'll do it I just kind of confused on the process okay so can he come in and have someone help him through filling out absolutely we're available to help okay so um they're asking that you get all of the documentation filled out to get your building permit for the work that you've done that will ultimately lead to you getting the certificate of occupancy for what you've done by November 13th do you think you can do that it's almost 60 days for I should be able to handle that okay and they will walk you through the process yeah that's kind of what I need is some guidance and and just make sure I'm not doing the wrong thing I guess okay and they don't want you to be um intimidated by the process they want to help you through it make sure that you understand everything that you are committing to right so okay so I'm going to go ahead and order that um you um are in violation of simol county code chapter 40 appendix a section 105.1 for failure to have the necessary building permits for the um enhancements on your property key um I'm going to order that you bring the property into compliance by obtaining the necessary permits by November 13th and if you do not comply by November 13th there'll be a fine in the amount of $100 a day imposed you will um have a compliance hearing date of November 14th um but of course if you're in compliance you don't need to appear on that on that date all right cool thank you thank you 2162 cesm Nyla Thompson oh no American Federated title Corporation Nyla Thompson is the individual here so do you do you have anything indicating that you're permitted to speak on behalf of the the property owner um well I was they are holding me fully responsible as the tenant okay and and what what company do you work for I own soap's dog wash okay and that's s o p h i e s o a p y s soapies oh soapies okay all right um let me go ahead and swear you in do you solemnly swear airm the testimony you're about to give to be the truth the whole truth and nothing but the truth I do okay go ahead Jason ruer inspector seminal County this is case number 2162 cesm American Federation title corporation uh Frank M esil located at 3060 East sr436 Apopka Florida U violation charge simal county code chapter 40 appendix a section 105.1 construction without the required permit this case was originally heard by special Magistrate on April 14th 2022 and an order was issued giving the respondence of compliance date of June 9th 2022 on June 9th 2022 special magistrate issued an order extending the compliance date to August 11th 2022 an Affidavit of not compliance was filed by the inspector after reinspection on August 11th 2022 on February 9th 2023 special magistrate issued an order imposing that a uh for 82 days of non-compliance um an Affidavit of compliance was filed by the inspector after reinspection on July 15th 20124 uh the administrative cost processed by the clerk was $27.72 administrative cost to process this case for the inspector was $536 N3 for a total of $87.6 we recommend the special magistrate issu an order imposing a lean in the amount of $35,200 for 105 days of non-compliance from August 11th 2022 through and including July 15th um 2024 at $50 per day um and a uh fine shall continue to acre at $50 per day for each day the violation continues or is repeated after September 12th 2024 that concludes my presentation and I would like this to be submitted into record okay do you have an objection to the electronic case File being submitted into the record it doesn't seem like everything that he said is on here but um and I just don't think I really understood that last part if I'm in complain clients why would the fines continue but so the fines didn't continue they they were imposed um February 9th I know since February 9th so you were ordered to bring the property into compliance by August 11th and at what point I'm I guess I'm a little confused at what point was the property actually complied there's it says here July 15 2024 okay the permit was obained July 9th of 2024 yes okay so do you have any idea what took so long oh yes ma'am I can answer that um I had to get a second contract it was very first of all the reason for the um the problem was I had rented the unit next door to me and I had hired a company to open the walls between my two units which was what I did um and I had a CU you know um I hired some someone to do that and obviously they did not file a permit for that it was simple to me that they just opened the walls there wasn't any thing added or done but because of the opening of the walls um they found me in violation of course of doing this without a permit but it also did a change of occupancy and they held me responsible for every single thing that had been done to those units prior to me even leasing those units from the ground to the roof they wanted documentation of every single thing in there and they did not have any permits from any of the leas leaser people before me so like a dentist had put in drains in the floor they didn't have any permits for that they it it was a constant back and forth thing of what they were requiring from me my first con the first general contractor I hired failed me in this process because it was just too in cumon and he wasn't being able to follow up with all the demands and I know there was an awful lot of back and forth between the contractors and the county um I know I've spoken with them many times myself and have been there many times myself as far as the um so their requirements were very excessive in that I did very little when I moved into the unit I did very little and yet they wanted me to die document the air conditioning vents the lighting the the electrical the plumbing everything and what kind of involvement did the property owner have in this with you none they have helped me very very little okay so that's the problem that I'm having with this not that you've done anything but the the property owner has well they in in my lease agreement they hold me responsible but you're not and I'm I certainly do not want to provide you and am not providing you with with legal advice but if um some of the things that you were required to do um for the permitting process were were things that were prior to for prior tenants you might want to um seek the advice of someone related to that um because um they the property owner is responsible and it's a shame that they have sent you here they put it in the lease that I'm responsible for for any required permits for what you do though for right but unfortunately like I said I I because of they said though because I opened the walls it created a change of occupancy and that's why they had to go back to me documenting the entire premises I have spent well over $30,000 of money I will not make a profit on in Architects and constructions and findes and and and and fees and uh trying to be compliant I am as you know just a a groomer there um but I have been there for 17 years um but prior but really I moved in I put my grooming tubs right into the existing Plumbing I didn't do anything to the air conditioner I didn't add any electricity I you've been at this location for 17 years yes ma'am who was who was the tenant PR to you then I really don't there be just before me it was a daycare and then before that when I I lived in the area for over 25 years I went to a dentist that was in that office that I'm Leasing and that's why there was plumbing and drains already in the floor for those dental chairs that required water which made it easy for me to move in because it had that equipment already there I didn't have to add the drains to the floors or any Plumbing or anything cuz the dentist had already done that I just put in my grooming tubs and so there weren't permits for any of those things there weren't they couldn't find permits for any of it the the the landlord couldn't find permits and the county couldn't find permits and they so they've held me responsible for all of it and it's liter literally this fine will put me out of business and I have 10 employees I employ employ deaf person a blind person senior citizen a black person I I have been there for 17 years I'm well- loved in the community and this will definitely put me out of business if not bankrupt me to too because the landlord will hold me responsible for the the lean that you impose however the good news is it's in compliance I just need an inspection now wait you don't have it inspect oh you're going through that proc the permit has been issued and now I I'm just going to order an inspection because like I said the work was previous to me being there I mean I added I painted and I've tiled the floor but that's normal so achieving compliance is was very difficult well it's it's what my objective is um and I certainly am not um in the business of putting long-standing businesses out of business um I inherited this case so I don't know it 100% like I should so I don't know what was in there before um they couldn't find out you you did research they did research they couldn't find um they couldn't oh well there is a dentist there but the dentist is the one who I know the dentist is the one who put in the the plumbing but he did not have a permit for it so any of there looks like there was a Florest in there at one time in' 06 but right before I took it it was a daycare an after school daycare thing which isn't on there it was like there was really the history was very poor and permitting that was people had done to it you it's a very old building but I moved into it because I knew the dentist had put the plumbing in and there was already um drains in the floor which made it real easy for me to put my my dog business in there and the pictures that I'm seeing from 2022 that were part of this packet that's what it's always looked like since you moved in yes I didn't do anything to alter the the only only thing I did was see that opening right there is in the wall that goes between I opened that which didn't require any moving of Plumbing or electric I didn't nothing there was nothing in there it was just a wall and I opened the wall between the two units and in that other unit all I did was put standing kennels so see those drains all that was already there I just plumbed into what was existing and there's another opening that you don't see in these pictures in the back so I made two openings in the wall which is what caused this hole and I hired people to do that I didn't do it myself obviously that's that's you can barely see the second opening in the corner where you see the yellow wall that's the second opening I made those two openings in the wall which is would cause this all to be fall on me in the landlord renting me the unit next door so I could expand and then my struggle is that the landlord is just getting away with that's what they do there if there's something wrong with the Havoc unit on the roof it's my responsibility it's a $65,000 freaking air conditioner Up on the Roof that they hold me responsible for too but it is in my lease that I am required to F to get all I am required to get all necessary permits so this does fall on me legally in my lease at least as far as I can see but you're right I didn't hire an attorney instead I've been hiring Architects and and I the other thing about it is I don't know the history of the case either cuz I wasn't the magistrate at the time so it's hard for me Co hit us and it hit us pretty hard hit me very hard I lost my mother and my brother and had to take in my senior father who recently just passed so I had been burdened with a lot besides this as well okay so I just want to move I just want to keep my business if possible I've been there I'm well loved in the community I'm going to um you need to get your final inspection and you need to get um your Co for what you've done so please do that um so I think they're ready now to the the the final straw that's holding me from calling the inspection was we had to get a mechanical engineer to sign off and trying to get people to sign off on work that was already done everyone has refused me and I've had I have to pay thousands of dollars just to get them to sign on the permit for work they never even did and the last one I'm trying to do Jay I think he contacted you this week an air conditioner I don't know if he's signed off yet or not he didn't tell me if he was going to but he was my third mechanical air conditioner guide that I'm trying to get to okay to sign off for me so what I'm going to do is I'm going to I'm going to wave the the fines um but I'm going to impose fees and costs okay so I'm going to impose um the administrative cost the amount of $87 65 okay and I'm going to ask that you pay that within 30 days okay yes ma'am um if not it will be imposed as a lean I'll do that okay um and you can let your landlord know it's their lucky day no believe me she's she oh you wouldn't believe the conversation she gave me yesterday um okay so that's what we'll do thank you thank you thank you thank you thank you so much okay you need to turn in the nerves at commencement and then then they can schedule instr would be my my construction like I said we needed that last signature off mechanical engineer thank you you're welcome um 2346 cesm Rico properties is that he's not here any longer uh he was out there yep here he comes oh okay sorry for me [Music] okay go ahead and swear you in do you solemnly swear affirm the testimony you're about to give to be the truth the whole truth and nothing but the truth I do okay Jason Rucker simal County Inspector this is case number 2346 CM Rico property lllp uh Brian C Reese registered agent located 2710 Pimon Drive of poka uh the violation seminal accting code chapter 40 appendix a section 105.1 construction without the required permit this case was originally heard by special Magistrate on uh July 13 2023 uh and an order was given to the respondent to comply by September 15 2023 Affidavit of noncompliance was uh filed by the inspector after reinspection on September 19th 2023 on November 20th 2023 special magistrate issued an amended order extending the compliance date to January 10th 2024 on January 11th 2024 special magistrate issued amended order extending the compliance date to March 13 2024 with a compliance hearing scheduled for March 14th 2024 March 14 2024 special magistrate issued an amended order extending the compliance date to June 12th uh 2024 with a compliance dates for scheduled hearing on June 13 2024 an Affidavit of non-compliance was uh filed after reinspection on June 12th 2024 on June 13 2024 special magistrate uh issued an amended order extending the compliance date to August 21st 20 24 with a compliance hearing scheduled for September 12th 2024 an Affidavit of non-compliance was filed by the inspector on August 22nd of 2022 after reinspection the administrative cost for the inspector on this case total $68.84 the ADM administrative cost for the clerk on this case total is $380 82 for a combined total of 989 $66 recommend that the special magistrate issue an order constituting a lean in the amount of $1,150 for 23 days of non-compliance from August 21st 2024 through and including September 12th 2024 at $50 a day and the fine shall continue to acre at $50 per day for each day the violation continues or is repeated after September 12th 2024 I request that this be entered into record and that concludes my presentation do you have any objection to the electronic case File being submitted into the record no okay I'll accept the same hi hi um good to see you again judge um since we last spoke we have a I had applied for a PD minor and it actually turned into a PD major on um July the 26th we we had to amend it to a PD major which uh my understanding from Caitlyn the um the planning um one of the planning directors that it's going to take 6 to n months so I would respectfully request uh a 6 to n month enlargement of time so we can uh keep moving forward and since the last time you and I spoke um which I'm sure you're glad to see me again but uh since the last time we have uh completed several things uh we've gotten our stairs we've permitted and uh installed we have uh completed our HVAC our mechanical and plumbing we are waiting um final inspections on both of those we have to do another test and balance for the uh for the mechanical um and we're going to have that hopefully next week and once we have that we can re reapply for a uh an inspection of that and we will pass um this is the second time we've had it inspected and we did everything the inspector wanted us to do the first time but then uh something must have changed and we had to do some other things and we've since corrected what he was uh uh objecting to okay so what's before me is just the construction of the exterior canopy without the required permits well there's there's there's several issues going on there but uh I guess the the the the car ports is part of the PD major that's what we had to apply for the PD major for okay but we have other issues going on what happened was I I'm I don't have violations on these other issues no no go ahead correct okay so yeah there was interior work okay so whenever they touch the exterior of um a commercial site it can trigger um a site plan and then it depends on how much of the exterior they're altering whether it's a minor or major site plan Amendment because this is a plan development he's having to do a a minor or major Amendment oh so he's amending his PD zoning correct it went from a minor to a major so not only is he going to have to do the amendment then he's also going to have to do his site plan well we submitted a site plan and um so hopefully all of it's contained within this the amendment for the PD and it all ties up with a nice little bow but Dale and I were just talking about this six months is probably a good time frame to bring him back make sure he's moving through the process smoothly and that everything's still moving along and tracking because sometimes in zoning there can be huge lags of communication between Consultants that are Supply or that are applying for these projects um if the applicant doesn't have view rights and isn't actively staying on on top their Consultants um so it would be great to kind of touch back in you can request view rights on your project reach out to the girls upstairs at Central intake desk they can give you view only to make sure that you're tracking it okay um I can give you my card before you leave and I can get you in touch with them watch out I'm just going to take it too um so that we can get him view only that way he can track the pro the progress of his project so that if they're not actively communicating back with Caitlyn through the project that he can get back to his consultants and make sure that they're doing what they need to do and getting her whatever documentation she needs to satisfy the multiple reviewers during that process okay so he can push it along okay and I definitely see in my original order that there were interior Renovations that were done as well in addition to the construction of the canopy so all of those things he's worked on those working requirements I mean depending on what they're doing it could be that's why I'm saying six months would be a great sure but my point is that um that he's complied along the way with various things that he's he's working toward compliant he's been in communication with you all along the way yes okay um I don't it it doesn't upset me to continue to amend if you're doing that as long as you're moving through the process so I um appreciate that um staff has indicated the amount of time that they think that um that it will take you but at the same time um being mindful of if you're not going to you know if you stop working through the process that of course that's that's a problem so approximately six months gets us to the March 12th 2025 um meeting so what I'll do is I'll continue you the compliance date for all of the various things um which ultimately will lead you to be able to get the permit that you need for construction yes ma'am um so I'll I'll make your compliance date now March 13 2025 March 12th sorry March 12th March 12th 2025 with a comp with a compliance hearing of March 13th C could I also add one more thing um I forgot to mention that um in in applying for the PD major we've we've completed or we've been approved by all the different planning departments except for uh Caitlyn and we're working on that one uh additionally I'd like to say that in regard to the the parking we've got the parking taken care of um and um something else it'll come to me in a minute but we've done a lot okay well the point of me telling you that is I want you to know that we're working in good faith to to make sure that we're doing what we need to do well and I see that you are because if you've gotten those permits approved for the interior I think that that says a lot because that um because when we initially were here there were several things it was a mess yes ma'am so okay then we'll go ahead and extend the compliance date to March 12th 2025 with a um compliance hearing of March 13 2025 thank you kindly and in regard to the fines there there's a new compliance tape so you have no fines yet perfect thank you thank you that work out we're out of people oh no I'm sorry Y what 243 CSM okay sure sure 2450 would okay I don't I'm sorry you you didn't check in next time oh you did oh I don't have it on mine it's blank so see I didn't know you were here this whole time you might have been called a lot sooner sorry thank you oh okay okay well yes you're on here so I'm sorry it's okay good evening everyone hello okay Mr Iceman yes ma'am okay will you raise your right hand please you solemnly swear affirm the testimony you're about to give to be the truth the whole truth and nothing but the truth yes ma'am okay Jason Rucker simal County Inspector excuse me this is case number 2453 cesm uh is for the property located at 3314 Curtis driveing Apopka which is owned by BF asset 3 LLC the violation charges of simal County uh code chapter 40 appendix a section 105.1 description of violation is installation of a wood privacy fence without the required permits the initial inspection was done on November 8th 2023 the notice to the respondent was um November 9th 2023 there have been several compliance dates and follow-up inspections via the computer and on site next sheet shows uh that uh ba F asset 3 LLC is the owner record of the property the next sheet shows where the property was posted for this hearing uh the next slide show the fence that uh needs to be permitted on both sides and the next slide shows as well the notice of code violation um some followup inspections that were taken pictures uh this screen shows that there have been no permits applied for uh the next side shows the code section that we are citing them for chapter 40 based on the testimony and evidence presented in case number 2453 cesm it is determined that the respondents are the owners of records of the property located at 3314 Curtis Drive poka simol County in possession and control of the property and violation of simol county code chapter 40 appendix a 105.1 further recommend that special magistrate order the respondent to correct the violation on or before November 13 2024 in order to correct the violation the respondent shall obtain the required permits for the cited violations if the respondant does not comply with the order a fine of $50 a day will be imposed for each day the violation continues or is repeated after compliance the respondent must contact the inspector to verify compliance I have presented a copy of this presentation to the clerk and request that it be entered into record that concludes my presentation do you have any objection to the electronic case File being submitted into the record I have one objection I believe um I believe yesterday a permit was filed for the fence NE no okay I will take that up with the general contractor I do have copies of they were here but they weren't registered so they couldn't pull a permit yeah he did mention something of that sort he did say that he applied to be registered I'm not sure of that process or how long that does take I was under the understanding that he was able to actually register I believe he can register online he's good now okay I'm sorry say he need to apply online he can apply for his permit online once he's registered how long does that process take if I may ask uh it depends usually for offence usually within week maybe two weeks if they're really busy but no I met him registering as whatever he I don't have any idea about registering he's registered now is what they're saying okay okay so maybe what he told you he was he needed to register he registered now now he needs to apply for the permit again okay um I do have evidence if I may present sure but do you have an objection other than that no okay so I'll accept the electronic case file into the record and can you um for the record state your name and affiliation yes uh Joseph Edward Iceman I'm a U property manager for Main Street Renewal we are the exclusive property management company for this ownership okay and Main Street Renewal yes Okay Main Street is one word renewal is the second word okay and is there like a incorporated or anything behind it or is it just Main Street Renewal Main Street Renewal okay is it a are you it it's a property management company and are you the owner of the property manager you just employed by the property manager correct I'm an agent of an ownership okay okay all right go ahead um the particular fence I believe was damaged um with the hurricane last year Dalia I believe um without my knowledge that fence was repaired which I believe is the section of fence uh which is the right hand side correctly if I'm wrong on that I'm not sure I inherited this case I just picture for the fence at all no not that I'm aware of okay we did purchase this proper I'm sorry my company purchased this property back in hold on wait September of 2020 your company or BF assets I'm sorry baf assets purchased that company in 2020 September is my understanding okay that fence was in place upon purchase of that property that was not added on after the purchase my understanding is the fence was damaged during Hurricane Adalia last fall uh and had been repaired at some point prior to November 8th of 2023 um we were a bit confused on our end as far as what was needed to rectify the situation by the time we became aware of it the fence was already repaired and in place it seems to be the repair the damaged area was the full right side of the fencing that was replaced okay I think what they're telling you is that the fence has never had a permit period yeah I understand that now we were not aware of that prior I apologize um the photos that we had seen and I apologize I don't get the original copies which are in color I get black and white photos so you can't really tell very very much um the photos presented to us did not depict a new fence what we saw was an old aged fence which was the other sections of the property uh at some point in time which seemed to be August 2nd we were informed that we still needed a a permit for the six foot wood fence nud sections um a demolition permit was going to be needed and a since there was a childproof fence installed we needed um a pool safety form affirmation form submitted as well along with a permit for the fencing um we had a vendor uh which has applied for registration uh we've reached out to them for a number of updates over the course of this incident and uh only yesterday did they I guess try to come to fill out any applications so the application I do have in front of me the copy that I've been given does not seem adequate and doesn't need to seem like it needs to be resubmitted I'm now informed that we can submit online so I will follow up with the vendor and get this corrected um my understanding I believe is we have to have that done no later than the permit issued by November 13th is that correct that's what the county is asking yeah I I believe that will easily be done okay then I'm going to go ahead and find that you are in fact in violation of seminal county code chapter 40 appendix a section 105.1 I'm going to order that you bring the property into compliance by securing the necessary permits for the fence by November 13th 2024 um or you will have a VI a penalty imposed of $250 a day for each and every day there after that the violation remains on the property you'll have a compliance hearing on November 14th if you're in compliance you will not need to appear at that hearing uh I do have a question okay at one point in time I believe in December 27th a barrier fence was installed and we didn't quite understand why that was needed when we had a wooden fence already in place to protect the pool from kids going back there and falling into the pool if a wooden fence is already on the prent permitter of permit can't talk I'm sorry permit perimeter thank you perimeter of the property wouldn't that suffice in protecting I didn't see it I wasn't there I don't have pictures of it so I can't answer that so if there was a section of the fence that was damaged or if there was I think it might be best if you go into the um the the office and speak with um the building um department and they'll talk through with you why something is necessary or not um um so that you can get at that part of this process because that will be all part of this that will be need to need to be done ultimately but just the permitting um is what you're here for today correct and I do have one more question if I may as far as what's required because prior to this we've been informed and I do have an email copy of it that we had to have a a demo permit for the fence and I'm not understanding that logic yesterday the vendor was informed that they don't need a demo permit so it's it has not been clear on what is required we were told that the fence was removed completely from the property so a demo permit would have been required to have the temporary fence put up until the new fence was put up so if the fence was never removed corre I said I inherited this case I don't know the okay 100% so we no longer need a demo permit to my knowledge no if you're protecting that pool you do not okay thank you very much I appreciate that okay thank you thank [Applause] you go ahead and case number 2414 cesm Michelle Garcia Miss Garcia if you'll go ahead and raise your right hand do you somly swear affirm the testimony you're about to give to be the truth the whole truth and nothing but the truth yes ma'am thank you Jason Rucker simol County Inspector this is case number 2414 cesm uh Michelle Garcia location is 2202 Barkwood Fort Lake Mary a violation uh semal county code chapter 40 appendix a section 105.1 uh construction without the required permits this case was originally heard by the special Magistrate on March 14th 2024 and an order was issued giving the respondant a compliance date of May 8th 2024 with a fine of $150 per day to uh continue to acre for each day the violation continues or is repeated after May 9th 2024 on May 9th 2024 an order was issued extending the compliance date to September 11th 2024 with a meeting schedule for September 12th 2024 the total administrative cost process uh for the clerk in this case was $133 60 the total administrative cost for the inspector in this case was $661 46 for a total of $795 6 uh recommend the special magistrate issue an order um constituting a lean in the amount of $150 for one day of non-compliance from September 11th 2024 through and including September 12 2024 at $150 per day and the fine shall continue to acre at $150 per day for each day the violation continues or is repeated as after September 12th 2024 um I would like this to be submitted into record that concludes my presentation do you have any objection to the electronic case File being submitted into the record no ma'am okay I'll accept it so do you have anything to add um I I'm almost there uh the fence being one of the things that finally got the permit we finally got the permit issued um for my understanding my contractor he says he was having issues with the county I think he was probably more he he was probably more the issue um I've been having some issues with him myself but um that was issued I had the inspection scheduled for today I didn't have the stamped survey um ready so they put the 50 penalty I paid it immediately and rescheduled the inspection for tomorrow and now I have all the forms ready to go for the inspector for tomorrow so the fence should be um cleared up here shortly um as far as the exterior door that's been a little bit more of a frustrating process as far as getting um an engineer the engineer that I so I sent I sent the plans over to you but those weren't sealed um and trying to get him to get the engineers to send the sealed plans to put into the um the permit application with the new contractor that I'm working with which took a um a minute to find um he put those in today I finally got sealed ones today he he said he put them in it was like late morning early afternoon um but that was the only thing that was missing to but it's still in plan check the the alteration permit but that's what the holdup was we even I delayed I had him delay while I was trying to get those plans SE the sealed plans actually submitting the application cuz he explained to me that it would take like he would have six days to submit that before it would just we'd have to start all over so by the skin of our teeth we got the the sealed ones in today do you have information of have that here just in case you have you you submitted them to the county or you my my contractor submitted them to the county today I didn't submit it personally but my contractor did it's just an application with and it's in and he he was waiting on me to provide the sealed plant from the original people which has been a nightmare Megan zorski for the record um currently looking looks like some documentation was uploaded today looks like there are some plans that have been uploaded whether or not they're s sufficient for review I don't know um there does look like there might be a site plan I might have to get with you okay um to get a survey similar to what we did for the fence just to finalize oh I have a survey here too so but I I have your email we worked um we worked on that together to to take care of your fence um it does not look like it has been submitted um what what is the difference um so it looks like he's uploaded but he has not submitted the task yet so he may not have all the documentation ready to submit to the county for review um I'm getting into that report right now bear with me it just takes just a second to get into from screen to screen it's a little slower down here in the chambers um okay so it it looks like it's sitting with um the permit texit submission so it has been submitted um it was submitted six hours ago and they are delayed from the large influx of permits that come in so that's about accurate it'll probably be routed out to me tomorrow for review and she's been working with you a I have not heard anything from her regarding this permit I worked um very closely with her initially to get the fence permit um issued and before Vicki went out um I had touch base with Vicki um to see if she had heard anything after the fence Jason and I had not heard anything um since so this is really the first that I've had any incling that we were getting anything submitted I mean I'm glad it's submitted but this is the first um that I knew anything was coming our way on for modification okay so I have been bad about that I've been this whole thing has been incredibly stressful because I have been in the process of trying to move out of my home after not being there for so long and but so regardless of all of that what what my hold up was in getting any of this you know started as far as you know something that has a paper trail um I was trying to get the original contractor last time I came in here I came in here with the belief that the contractor that I was working with had submit an application that I wasn't permitting I was ignorant in the fact that I didn't look online like I know I can now to verify that an application was actually in process and when I came here and I'm thinking I have this notorized notice of commen me that I was told by the contractor Here sign this I'm thinking everything's going swimmingly and then coming here and being told that that is just a piece of paper so I I was going back and forth with them for a while trying to get them to pull the permit like they originally stated they would um and they're connected to the engineer with with the plan so then I started trying to fill out the paperwork myself I got very frusterated and confused I reached out to uh Jason and he was very helpful I just was still kind of I felt like I was being bsome so at that point um finances you know were a a little bit better so I decided to go ahead and just hire somebody to handle this and that's the company that submit that now um and they've been great they've explained a lot of things to me um get they they were a huge help and Advising me on how to kind of talk to them to get to talk to the engineer side of things to get the permit I mean I'm sorry to get the sealed version of the plans cuz I had given them plans that I was provided but they weren't sealed so it's just been a lot of you know hoping that these people are going to follow through on things they said they would and then you know kind of sitting and waiting and hoping that was actually going to happen and then have more back and forth back and forth and it's just been it's hard to get people to sign off on stuff that they weren't originally involved with but okay so I I will say this my house is under contract to sell obviously going to need an extension on that but like there's no shortage of I'm like I'm very aggressively trying to see this through um and doing everything I can okay so um I need you to remain in contact with them yes um because it's been submitted I'm going to extend your compliance date till tomorrow at 5: p.m. if you do not do everything that you need to do we're going to be back here on October 10th for a compliance hearing date anyway because the county has incurred feed fees and costs related to this um so you may not have a penalty impos but you're going to have some fees and costs associated with this anyway but you have a compliance date now of September 13th at 5:00 pm. so I'm so what what do I have to be in compliance with this obtaining your permit okay so if it's in plan review and this is the first time my he's he's told me that there's there's likely it's going to come back with something so is there any way I can get a little bit longer than that cuz I I I can only move really had a chance to look at anything and um I we can't do how long would it take you all to review are you I'm going to say at least two weeks okay then what I'll do you're because the county is going to need longer I'll change your compliance date to October 9th which is the day before that then you'll be back here on October 10th for a compliance hearing okay so I will continue so you'll have more than a couple days October 9th will be your compliance date if you do not comply by October 9th you'll have a fine impose of $150 a day but if you're in compliance then you're fine but we will be back here for a compliance hearing on on October 10th okay okay so I will you said it's going to take up to two weeks to have it have this initial submission reviewed could could possibly okay maybe sooner maybe a little bit longer okay okay okay so we um are continued till on this case till October 9th okay thank you thank you so [Applause] much now I think we are out of people in the audience so let's just start from the beginning 2460 cesm Annabelle Fernandez Jason Rucker simal County uh inspector this is case number 2460 CS CM Annabelle Fernandez located at 1982 long Wood Lake Mary Road um violation charg is simol county code chapter 40 appendix a 105.1 description of the violation is installation of a wood fence without the required permits uh the initial inspection was done 11823 um notice to the respondent was 118 of 23 there have been several compliance dates um and extensions followup inspections have been done via the computer and on site the violation remains on the property um next screen screen shows proper Appraiser's website um that Annabelle Fernandez is the owner of record of the property next slide shows that the property was posted on 829 of 24 um next photos show that the fence remains on the property several photos there the fence 6 foot wood privacy fence um photos of defense and posting violation um return mail taken that was back in December more photos this is the screenshot showing that uh there was an application received in 2023 to correct violation but the application is currently under review and has not been issued uh next is a copy of the date it was applied for 11723 correction notes on the next slide next slide is the section of code that we had cited them for recommendation is based on the testimony and evidence presented in case number 2460 cesm it is determined that the respondents are the owner of record of the property located at 1982 Longwood Lake Mary Road Longwood and in possession and control of the property and in violation of the simol county code chapter 40 appendex a 105.1 it is further recommended the special magistrate order the respondent correct the violation honor before November 13 2024 in order to correct the violation of the respondent sh obtain the required permits for the cided violation if the respondant does not comply with the order a fine of $50 will be imposed for each day the violation continues or is repeated after compliance the respondent must contact the inspector to verify compliance I have presented a copy of this presentation to the clerk and request it be entered into the record this concludes my presentation going to go ahead and accept the electronic case file into the record I'm going to find that the um respondent was properly noticed to be here um today and is not present I'm going to find that there has been evidence submitted that um the property owner is in violation of sim count simal county code chapter 40 appendix a section 105.1 for failure to obain the necessary building permits for installation of a wood fence um I'm going to order that the property be brought into compliance by October 9th and um I'm going to impose a um fine of $150 a day if the property is not um complied with by October 9th okay next matter 2048 cesm Julian Jimenez Jason Rucker seminal County Inspector this is case number 2408 CSM Julian AMZ um located at 105 Sage Street atot Springs uh violation seminal county code chapter 40 appendex a section 105.1 construction without the required permits uh this order was originally heard by special Magistrate on March 14 2024 and an order was issued given the respondents a compliance date of May 8th 2024 with a compliance hearing schedule for May 9th 2024 on May 8 2024 an Affidavit of non-compliance was filed after reinspection on May 8 2024 on May 9th 2024 special magistrate issued an order extending the compliance date to June 12th 2024 with a compliance hearing scheduled for June 13 2024 on June 13 2024 special magistrate issued an order extending the compliance date to August 21st 2024 with a compliance hearing scheduled for September 12th 2024 an Affidavit of non-compliance was filed by the inspector on August 22nd of 2024 after the reinspection the administrative cost to process this case for the inspector total is $894,000 $181 126 for a total of $1,757 uh recommend the special magistrate issue an order constituting a lean in the amount of $5,750 for 23 days of non-compliance from August 24 or August 21st 2024 through and including September 12th 2024 at 250 per day and a fine shall uh continue to approve at $250 per day for each day the violation continues or is repeated after September 12th 2024 I request that this be submitted into record and that concludes my presentation okay I'm going to um you um verify for me Alexis that the property owner received the order my order of June 13th 2024 with a compliance hearing of today for September 12th okay I'm going to um find that there is a um signed Green Card of my for my order dated June 13 2024 um that the respondent is fully aware of the compliance hearing schedule for today for September 12th 2024 I'm going to find that there is evidence been presented that the property owner is not in compliance as of this date I'm going to um impose the fine of my prior order um as of August 21st 2024 of $250 a day which penalty will continue for each and every day after August 21st 2024 that the the violation remains I'm going to impose administrative costs the amount of $1,757 to be paid within 30 days of the date hereof and my order can be recorded as a lean uh against the property 2419 cesm Daniel borders Jason Rucker simal County Inspector this is case number 249 cesm Daniel borders nine North Stone Gate Longwood Florida uh violation semal county code chapter 40 appendix a section 105.1 construction without the required permit this case was originally heard by special Magistrate on June 13 2024 and an order was issued given the respondent a compliance date of August 21st 2024 with a fine of $100 per day to continue to ACR for each day the violation continues or is repeated after August 21st 2024 a compliance hearing is scheduled for September 12th 2024 an Affidavit of non-compliance was filed with the clerk on August 22nd 2024 after reinspection administrative cost for the inspector total $67.99 the administrative cost for the clerk total is $125 61 the total administrative cost is $733 51 recommend that special magistrate order um issue an order constituting a lean in the amount of $2,300 for 23 days of non comp clients from August 21st 2024 through and including September 12th 2024 at $100 per day and a fine shall continue to acre at $100 per day for each day the violation continues or is repeated after September 12th 2024 I request that this be entered into record and that completes my presentation I'm going to um accept the electronic case file into the into the record Alexis can you confirm that my order of August of uh June 13 2024 was actually received by the respondent okay so no signed green cards was the order posted it was okay okay all right so I'm going to find that the um property owner was properly noticed to be here today for this compliance hearing and that the property is out of compliance as of October 21st 2024 um so I'm going to ratify my prior order dated June 13 2024 for the the um fine of $100 a day to begin on August 21st 2024 I'm going to order um administrative costs in the amount of $733 51 to be paid within 30 days and the order can be recorded as a lean against the property 2430 cesm Richard and Patricia Ruby rubyo Jason Rucker seminal County Inspector this is case number 2430 cesm Richard and Patricia Rino a located at 1534 Grace Lake Circle along with Florida violation charges simol county code chapter 40 appendix a section 105.1 construction without the required permits um this case was originally heard by special Magistrate on May 9th 2024 and an order was issued giving the respondent a compliance date of September 11th 2024 with a fine of $50 per day to continue to acrew for each day the violation continues or is repeated after September 12th 2024 the administrative cost uh in this case for the clerk was $96.4 the administrative cost for the inspector in this case was $621 129 for a total administrative cost of $700 $783 recommend that the special magistrate issue an order constituting a lean in the amount of $50 for one day of non-compliance from September 11th 2024 through and including September 12th at $50 per day and the fine shall continue to acre at $50 per day for each day the violation continues or is repeated after September 12th 2024 I request that this be submitted into record and that concludes my presentation I accept the electronic case file into the record Alexis can you confirm whether the respondent has received the my order dated May 9th 2024 with a compliance date of September 11th 2024 okay I'm going to find that the green card was in fact received and signed for um for with this order indicating that a compliance hearing would be scheduled for September 12 2024 and the respondent is not here uh to participate in the hearing I'm going to find that uh evidence has been provided that a violation still exists on the property um and did as of September 11th 2024 4 I'm going to um ratify my prior order and impose a fine of $50 a day starting on September 11th 2024 and AC crewing each day Hereafter until such time as a violation is corrected I'm going to impose administrative cost the amount of $718 and3 to be paid within 30 days and last but not least 2445 cesm Roger Vega and Katherine X bazito Jason Rucker semal County Inspector this is case number 2445 cesm Roger Vega and Katherine exposito at 574 Ruby Court matland uh violation charges of seol county code chapter 40 appendix a section 105.1 construction without the required permit this case was originally heard by special Magistrate on August 8th 2024 and order was issued giving the respondents a compliance date of September 11th 2024 with a meeting scheduled for September 12th 2024 the administrative cost in this case for the clerk was $16 49 the administrative cost for the inspector in this case was $700 $715 and2 totaling an administrative cost of $800 $2 2151 we recommend that the special magistrate issue an order constituting a lean in the amount of $200 for one day of non-compliance from September 11th 2024 through uh and including September 12th 2024 a $200 per day and a fine shall continue to acre at $200 per day for each day the violation is continued or is repeated after September 12th 2024 um I would like to submit this into record and that concludes my presentation I'm going to accept the electronic case file into the record um and Alexis can you please verify that the property owner received my order dated August 8th 2024 okay okay the um order was not signed for um but it was mailed regular mail and um and certified mail and the property was posted so I'm going to find that the property owner was um provided with sufficient notice to um be here today for the compliance hearing that was set for September 12th 2024 I'm going to find that evidence was presented that the violation Still Remains on the property I'm going to find that I'm going to ratify my prior order of August 8th 2024 and it imposed a um fine of $200 a day starting on September 11th 2024 and continuing each and every day Hereafter until the violation is corrected I'm going to impose administrative cost the amount of $821 51 cents to be paid within 30 days and that concludes Well ma'am may speak sorry absolutely um we have currently um a vacate pending um on this property um a multitude of structures encroach into a um utility easement in the rear of the property the I'm going to call it a shed because that's what it was originally um which was converted to an Adu SL guest Cottage um and then the master bedroom um and then we're not quite sure at this point so um [Music] in in the advantageous Spirit of assisting the planner that's doing um the vacate she needed some history on what was going on with the code case and with the potential variance that's going to have to happen for these structures down the road um because we don't process variances until the vacate is complete um with and potential encroachment onto the neighboring property to the rear um I went through to try to find and dig down on what the history was on this property so that we could digest a little bit and if you don't mind I'd like to just indulge you or if you could indulge me for just a moment to kind of give you um some history on this property but wait a second was the building official provided with access to the property okay yeah how we got all these pictures of inside yes I I met them out there on Wednesday okay last week and we got all these pictures of the interior um and walk the property with the owner and the contractor involved okay so in 2018 um which was the last known permit that we have for this property it was a r roof um that was permitted and completed um and it looks nothing like what the structure looks like now and I'm going to pass these through because I only made one copy because I forgot to bring down more with me um then we start in um 2020 where the materials start to arrive and the shed structure appears in the rear along with some additional miscellaneous structures in the rear um and then towards the end of 2020 the rear fence was added additional roof structures which becomes the m master bedroom addition to the rear of the property which is the encroachment issue onto the neighboring property um and then a a white structure in the northwest corner which was demolished without a permit then we have in 2021 um it was kind of stagnant construction materials start disappearing but the structure remains unaltered for about nine months then they added a porch onto the shed structure the rear pool wall was demoed the pool cage was partially erected new vinyl fencing new pavers on the driveway a new front porch overhang shingled roof was placed over the previous um aluminum paneled roof on the rear the rear and those two porch editions that now make the master bedroom um and the what was a carport became a garage which is now living space and all of this was part of the original case well that's why when I started digging down on this it's why I'm bringing this to your attention because there may be more violations on top of but they haven't been cited they have not so they need to be and that would be a new case h did we okay and that that would be a new case correct and then we have new new accessory structures um but what I wanted you to see because this is what's most impressive um is the street views those are what it looked like for the majority of the years and then it ends up looking like a completely different home and the rest of these are the listing um they evidently had it listed recently and they're very similar to the photos that you have when you got access to the house the uh we cited them for permanent construction because we couldn't get in originally it's all of this so and that's all of this it incorporates everything that they're doing right so originally the the the violation was correct and permanent construction without permit okay so and that includes all so if there's anything else then we need to bring it back as a different case so right now I'm going to oppose the fine um and it's up to them to I just wanted to make you aware because this is going to be part of the vacant part of the variance so this is going to extend their timeline as to how long if they come back before you in the future asking for more additional time it's they should have been here then and is what I and Jay was communicating with them that's why Jay was here earlier to try to translate for them because she's been working with them directly um because they speak Spanish um I when I met with them on Wednesday I said you need to be here for the hearing and they were here last time and I I they brought their own translator but they spoke some some as well so I'm I'm completely I'm fine to impose the the fine and then if there is anything additional that um needs to be brought back then we can bring it back as a separate case all right um that will conclude our cases for today um our next hearing will be set for October 9th at 1:30 p.m. doing all that research and if that is all I have approved the minutes and we have no bit new business no one better have any new business it's too late to have any new business this was a long one wow what a marathon [Music] [Music]