##VIDEO ID:i6DyQf_RYfo## matters related to today's proceedings today's matters will be heard in the order on which they appear on the agenda unless otherwise agreed every effort will be made to hear all persons having relevant evidence arguments or comment related to the specific case that is being heard if you wish to speak today it is necessary that you be sworn in which I will do momentarily all testimony given will be done so under oath in all cases since the city has the burden appr proof the city will present its case first the respondent will then be given an opportunity to refute the city's allegations formal Rules of Evidence do not apply to this proceeding however I will make every effort to ensure that fundamental fairness and due process is afforded to all parties after hearing all relevant evidence I will issue an order the order will be reduced to writing and all parties will PR be provided with a copy so please ensure that we have your current email address or current address Additionally you advised that I do not have the authority to Grant you a variance permit or special exception of any kind my role is solely to determine whether the city code has been violated and under some circumstances to provide a reasonable time to correct the violation by whatever means are available to you please be advised that you may be subject to a fine and a lean may be recorded on your property if the violation is not corrected by the compliance deadline if one is provided if you wish to present any evidence today please sign in at the podium before you speak and it is necessary that you swear or affirm to tell the truth therefore at this time I will swear and anyone wishing to speak today if you are going to speak please stand up raise your right hand to be sworn in do you swear or affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth so sworn okay we do have I always do one matter on the agenda that we need to address prior to proceeding and correct me if I'm wrong um do you have that m number or the case number Mr du or Lewis 3D 3D okay so it would be case number 22 4475 city of St Pete Beach versus Bayside shops LLC um for purposes of the record I did receive an email and a voicemail from attorney denhart who represents the property owner um yesterday he sent an email copying all parties uh requesting a continuance due to his health um he left me a voicemail this morning um and I had said based on his health unless there were any objections I would go ahead and continue the hearing to a date certain um in addition I do have a perceived conflict in that matter um Mr denhart and my firm share an employee it's a temporary situation um and that was unforeseen at the time that this case was originally docketed um I have been advised that that particular employee had not worked on this code case however um due to perceived conflict I would have to conflict myself out of hearing this particular case um so the continuance is actually in in a good timing as it will likely be that the city will have to find somebody else to hear that case and I can certainly um reach out to Mr Brooks or uh to you Mr derer and give uh numbers or names for others that can do so on a one-off for me thank you does the city have any response to Mr um Den Hart's request to continue no ma'am we have no objection and we reschedule at the time that we get an alternative special magistrate for that case okay so then if we don't pick a date certain at this point then we there will have to be notices recent um otherwise I can certainly do in order to continue with a date certain that's up to the city um P your choice do you want to go to the next um meeting we'd have to have a different uh special magistrate though February 10th February 10 okay so I will go ahead and continue that to the February 10th 2025 special magistrate hearing at 10: a.m. thank you okay um now are there any other changes to be made to the agenda this morning no ma'am okay other changes of this time okay thank you very much Mr Jer uh moving on to um our continued cases agenda item 3A case number 2024 0089 city of St Pete Beach versus Patrick Thomas mcnolty and Annette Weiss mcnolty good morning Madame magistrate Steven Rivera on behalf of the city of St Pete Beach code enforcement this is a status hearing on the 90-day extension to apply and secure a permit for the driveway and ISR violation uh there was application made application is in review um looks like it was denied its first review uh I do have the permit Tech here uh I'm sorry the uh per administrator here probably can answer the questions a little bit better as to why it was denied okay you'd like to hear from her yes of course the city calls the building department perch my name's Joanne Joanne Bolan permanent administrator for the Community Development and uh permit number 240 4177 was denied first review the I the reason for denial was the ISR is incorrect as the proposed area Must List all calculations not just the project Cals for the proposed portion please be sure to bring over all the existing calculations to determine an accurate overall ISR we have not received a response we emailed them on January second and have not received a response back okay for the record the ISR is acronym for impervious surface ratio is that correct correct okay okay and when was the date of the initial permit Miss Boland 12924 was submitt review review was done January 2nd and denied January 2nd okay thank you very much you're welcome right Mr anything else to add or what the city is seeking at this time uh based on some of the events that's happened with the storms and everything I'd like to continue it to see where we can get with him getting the permits okay we weren't able to take permits in for a duration of time so as far as the actual 90day cut off Mark we're a little behind ourselves with that portion Ood but yeah I I'd like to get this continued uh at least give him an opportunity to get the permit finalized you have a recommended amount of time that you would be willing to continue for I mean you were saying so the they initially applied for their permit on 924 the storms hit very shortly thereafter um and you guys were down for a while and it was close to him applying for that deadline um but I maybe another 60 days I I'd like to hear from him and see where he's at as far as response okay and do you recall and I don't have my order with me I don't it's not in the agenda packet and I don't have a cop copy of it presently do you know how long I gave him 90 days it was 90 days and was it to secure the permit or to apply for the permit according to here I have uh 90 days to apply and secure and secure okay so that's where the rub is okay perfect so our respondent shall have 90 days from the date of this order or by Monday November 11th to apply for and secure a permit for the installation of the driveway to bring the property into compliance great thank you Mr Brooks okay is the respondent here or anyone here on behalf the respondent if you just come up and just let us know where you are in the process of responding to the first review understanding that was like a week or so ago sure so yeah I I brought the and I'm sorry could you just state your name for the record as well at mcel and apologies to my wife uh she's a physician she's um working she couldn't make this worries representing us both um yeah as he said um that was a tough time November the 9th uh swich between a couple of storms um we've seem to manag to get uh back into our own home home and you know I've got a number of boxes to check this is one of them I've got um contractors ready for this I'm learning about ISR and once I have that figured out I I'll respond and reapply um uh Elsie uh explained it to me briefly as I was making the application thought that I understood it obviously I missed something in the math so uh we'll clean that up and reapply um re uh well submit whatever the term is and yeah 60 days I think it'd be fine 60 days okay so um then uh and is that okay with the city 60 days no objection and I would be okay with the 60 days yeah kind of give them a chance to catch up with what's going on so okay and I apologize I don't have my my calendar of the next so we've got February 10th is the next so then it would be March 10th or March Yeah March 10th think thank you so much Jenny March 10th would be so do we want to do shoot for the April hearing and give 60 days from today's date I'd be comfortable with that okay would that be sufficient for you Mr I was here on the 9th of December um I wasn't alerted that that one got continued okay here all by myself oh must have been nice and peaceful at least and I got some things done okay perfect then I will go ahead and and um continue this case for 60 days from today's date and then set a hearing date for April 14th and you will get notification of that Mr mcy thank you so much thank you Mrs O Okay moving on to the next agenda item we have case number 2024 one57 city of St Pete Beach versus 1 Airport Road LLC Mr Cruz thank you special magistrate lewiis Cruz representing the city of St P Beach code enforcement this was a status hearing on a 30-day extension which technically was a 60-day extension they had 30 in the beginning then you gave them additional 30 as well extension to secure um the permit for the dumpster enclosure this was that case right um the previous recommended fine was $250 per day from 46 2024 until compliant plus $325 for administrative cost um they looks like they had just submitted a new survey which was asked of them previously um once their first one was denied and if you need more information of kind of where they're at we can speak with Miss Boland um to kind of give you a better scope of how long this may take to get this fulfilled because in the same situation all the storms we kind of had a backtracking as you know right um so kind of at that point yeah if um so there was a new survey submitted Miss Bolan do you know if that uh that survey has has been reviewed or where we are in the review process January 9th was uploaded and it was put in review on January 10th okay so the new survey was uploaded on January 9th and put into review for January 10th and it's presently under review correct okay and understanding everything that has gone on with the storms and backlog do you have any any idea on an ETA when um that would be is is that the only outstanding thing that needed to be reviewed looks like approved build appr I would say the next two weeks probably soon than that but I don't want the other okay so assuming everything is good with the survey in the next two weeks that permit would be issued okay okay and um Mr Cruz what is the city seeking to do I know Mr Rivera had asked for a continuance on this one are we seeking just to give a further extension to do that or are we seeking that it wasn't done in time Etc to be honest they had ample time previously um but due to obviously the hurricane and the situation the city has gone under um if this is the last thing like Miss Bolan has spoken to um then I'm fine with an extension um of a few weeks to get this permit fulfilled because the goal is to get the permit of course okay so um okay and then is there anyone here on behalf of Airport Road LLC okay if you could come up please and state your name and affiliation with the LLC for the record morning Jonathan Finch Resort rentals uh general manager okay and um Mr Finch uh we my understanding from the city is that would the survey has been submitted it' be about two weeks time um my inclination is to give you guys a two-e extension to get the permit issued and then if it's not issued by that time then and to come back at the next Hearing in February and to seek if unless there's a good cause otherwise to seek uh imposition of fines do you have anything in reply to that um no I it's the um I mean really all the delays now have just been um like it's getting a hold of the GC getting a hold of like she's uh extremely busy um and everything is um yeah I mean I I don't have any issue with it so and I think my order wasn't seeking permit wasn't con wasn't seeking completion of the project it was just seeking issuance of the permit um so if the if the understanding is that it's two weeks if it goes any longer than that my suggestion would be to contact the city and see what's going on so that if I do see you again here in February um that you have a a good faith reason to to say why it didn't get issued within the twoe time frame yeah I don't no issue with that okay all right well then I will go ahead and um Grant a two week extension from today's date well from the date of my order which will hopefully be today so two we extension from the date of my order and we will come back here on February 10th 2025 at 10: a.m. um if we need to for the imposition of fines and you will get an orders that effect okay thank you sounds good thank you okay moving on to 3C case number 2024 0287 city of St Pete Beach versus Thomas M cut revocable trust and Thomas n cahe as uh trustee Mr Cruz thank you special magistrate Louis Cruz representing the city of St Pete Beach code enforcement this is a status hearing on a 30-day extension which originally again was 60 days as well to secure an after Thea permit for the structure which was the tiki hut or cheeky Hut in the back of the house um the previous recommended fine was $250 per day from 61 2024 until compliant plus $325 for administrative costs um the last time I looked in there which I do have it looks like they haven't really done anything of recent on that permit let me just double check and this is all looking like July yeah mostly looks like nothing else has been done even after that that special manag hearing nothing was done um so the city will be asking for its previous recommended fine okay and um my order as I don't have a copy with me my order said that they were to secure a permit by which what was the date on that I can't remember 30 days from the date of disorder or by Wednesday August 7th 2024 to secure an after the fact permit for the structure and we did want to check with the building permit administrator to see if there's any information in the file apparently in the order it said that they had already applied for a permit at the time your order was issued they appli for the permit on July 1st went into review and wased on July 5th right okay okay thank you Mr Cruz is there anyone here on behalf of uh is Mr cut here anyone here on behalf of Mr C thank you sir good morning good morning can you tell me a little bit about what's going on with the permit for for the permit it was denied I was told um I could apply for a special handicap permit M but I was told you can apply for a special handicap permit you can pay for the mailing don't do it you're going to lose I guess I've lost I'll take it down okay um so then at this point um you know we had asked the the remedy was to apply for the permit or you could have taken it down at that time either time so at this point down myself ma'am I I understand so and I understand that we had two intervening storms this was from August when you were discussing taking the or getting the handicap permit what's the time frame on that when you were having those discussions it was before the storm um midt okay and understanding that you now are seeking to take it down have you already made steps to talk to somebody about removal of that of the Tiki Hut I'm looking for someone I've lost all my tools all my equipment my house was deemed un habitable and the tiki hut still stands okay Tiki Hut's the only thing that stood okay yeah unfortunately okay um do you happen to have an idea of when it might I mean like you said you're talking to someone but is there any type of a time frame with 30 days give you enough time to contact somebody to take it down I don't think so okay you know understanding that the the violation i' got to get rid of all the got to get rid of everything right nothing I can understand that and you're not able to obviously you said your house is unhabitable so you're not able to live in it at this point okay okay um and you're saying is there a time frame that would be I really don't have any idea ma'am okay all right thank you Mr Cy I appreciate it um Mr Cruz any uh recommendations from the city on how you wish to proceed on this matter I'm thinking um let's do a 30-day extension let's give them some time I know everybody's been so affected by this so it's very understandable um he did he was given ample time but let's let's give it you know 30 days to help him find a contractor and hopefully you know he'll have some something to show in good faith um that he's working towards getting it taken down if that's the route he chooses because that's not what the city was asking of understood I mean at this point if he's if his house is unhabitable it would seem kind of a little bit backwards to get a permit for an accessory structure on the property when you can't you don't have a house to be living in um I will do this I will give a 30-day extension with a caveat that we can come revisit this on March 10th because obviously the days will overlap with the 30 days so it'll be 30 days from the date of my order for an extension to remedy the situation we will come back for a status hearing on March 10th um and at that time and and I do hope during that period of time Mr C you're working with the city if at that time we can see what progress if any has been made and we can reassess at that time about okay and I will get you an order to that effect thank you so much Mr C okay moving on to agend we have no repeat case violations moving on to new cases agenda item 5A two case number 20 2 4502 city of St Pete Beach versus Kimberly uh pip Meer I apologize if I butchered that name Mr Cruz yes thank you special magistrate Lis Cruz representing the city of St P Beach code enforcement code enforcement case number 2024 502 Kimberly pip Meer um violation address 5047 Avenue violation description the property is in violation of section 33.5 prohibited uses and structures of the Land Development code of the city of St Pete Beach case summary the initial inspection was 96 2024 notice of irreparable or irreversible violation dated 1223 2024 notices of hearing dated and posted on the property 1223 2024 these are a true and accurate representation of what I have witnessed this is the Affidavit of posting at 504 70th Avenue this is the Airbnb advertisement this is the front of the house it's not projected oh it just went out or should I start again I start again he started no problem sorry about that stepen went to speak to Jamie so we're going to have to wait thank you is she working on it projecting over yeah working okay thank you our apologies for the delay while we get the PowerPoint presentation uploaded or displayed rather for here we go aome thank you and okay this is Code Enforcement case number 2024 502 respondent Kimberly pip pipe P pip Meer violation address 504 70th Avenue violation description the property is in violation of section 33.5 prohibited uses and structures of the Land Development Cod code of the city of St Pete Beach case summary the initial inspection was 96 2024 notice of irreparable or irre irreversible violation dated 1223 2024 notices of hearing dated and posted on the property 1223 2024 these are true and accurate representation of what I have witnessed this is the Affidavit of posting at 504 7th Avenue this is the Airbnb advertis ment this is the front of the property in the advertisement or at least the entrance to the property that they are renting out and these are the shortterm stays SL reviews that have been done at the property in 2024 there was one stay in April three stays in May one in June two in July total of seven short-term rentals corrective action property can only be rented monthly recommended fine $1,000 per review seven reviews totaling $7,000 plus $325 for administrative costs and if you would like that concludes my presentation but if you would like I can add the Airbnb review policy uh yes please thank you overhead please okay thank you thank you okay is anyone here on behalf of Miss uh pip Meer or is Miss pip Meer here okay if you please come state your name for the record and then you may respond to the city's allegation my name is Kim Pete Meer okay and what do you have to say for yourself Miss P Meer um I bought the property in December and I didn't list my unit until April so December what year um December of 2023 okay and um I was told when I bought it that it was a monthly rental and I took it to mean 12 times a year as well which was my my my mistake I didn't do my due diligence um so when I listed it I thought I had some months um I could make up for in rentals okay so my understanding is of your understanding of the code is that instead of monthly rentals you thought you could rent it however long but 12 times a year okay also I'd like to say that um once I got the uh violation I took the listing down um and I I have a couple of leases with me um one was for November and December I had one tenant and then um currently I have a 3-month lease okay and uh you said as soon as you got the violation you took the listing down did you reach out to the at all when you received the violation to discuss the matter with them um my property manager actually called Mr Cruz and spoke with him do you know how that conversation flushed out um Mr Cruz is very uh nice and informative um so moving forward I you know I know the the codes and violations yes okay um okay and you understand that the city is asking for you know obviously we don't have a time machine we can't go back in time and unrented properties or fix the violation you understand the city is asking for $1,000 doll for each of the seven shortterm stays okay you know I'm I'm facing the music okay I would like to mention though in order to Pro promote the listing I wrote a review and my sister-in-law wrote a review after she stayed there I don't know if that makes a difference but I just wanted to mention it well any the reviews the reviews that were for the short-term stays cuz these all say stayed a few nights right um and well you have one Kim I'm assuming she wasn't charged um she just did it to kind of promote the the Airbnb okay so I'm assuming the one that says it's Kim as the reviewer from April 2024 is that's me that's my dog yeah yeah okay and your sister would be Alena Elena she was here for July week her family okay and you did not rent it to her correct correct you say there was no money exchanging hands but she did in fact leave a review um yeah yes okay so she has to log in and um request a custom rate so I think my property manager charg her like5 or $10 so she was charged okay okay thank you very much I appreciate your honesty here today um Mr uh Cruz or Chris do you have anything in response to that sit down no no it's okay um not at this time not really it's kind of zero tolerance and I understand obviously so much has happened to the city of course again um but we kind of have zero tolerance on this and we're trying to make and all these were prior to any any of the storms so I can understand that okay um I am going to find that there was a violation of the stated code section and that the violations were irreversible or irreparable I am only going to find that violation for excuse me six of the seven violations as one of the violation or one of the reviews as evidence was written by the property owner and she did not charge herself to stay there uh I am going to find that the one that was written by her sister because there was an exchanging of money was considered a rent a short-term rental of the property um with that that will be for a fine of $6,000 and I will get you an order to that effect um just make sure you sign in we have whatever the best contact information for you okay all right thank you very much thank you okay moving on to the next agenda item we have case number 202 4557 city of St Pete Beach versus Donald R fling trustee and Julia L Durham trustee and um and the fling Family Trust Mr Cruz thank you special magistrate this is Code Enforcement case number 2024 0557 Donald R fling trustee jul Julia L Durham trustee and fling Family Trust violation address 6439 second pal Point violation description the property is in violation of section 98-12 3.1 permits required of the code of ordinances of the city of St Pete Beach case summary the initial inspection was 1020 2024 notice of violation dated 10:21 2024 notice of violation compliance date 1118 2024 notices of hearing dated and posted on the property 1223 2024 these are a true and accurate representation of what I have witnessed this is the Affidavit of posting at 6439 second pal point this is with the um this was the old um water heater um and they installed a new one without the proper permit as well as reinstallation of drywall corrective action property must obtain a permit for the drywall and water heater that was installed without a permit property is not compliant recommended fine is $250 per day starting 1119 2024 until compliant plus $325 for administrative cost and that concludes my presentation thank you okay thank you Mr Cruz is anyone here on behalf of the property owner yes if you could please come state your name for the record hi I'm Julie durman good morning good morning and what do you have to say in retort to the city's allegations well first of all the dates that he had up no one came to my house no one unless you call drive a driveby coming in and talking to me but I had no idea aidea that I needed to have a permit to install a water heater and I don't even understand what the pictures of the drywall were because there was no drywall taken down so my husband is handicapped and continually under care I needed hot water I need him to be back in the home he he had four life saving surgeries this year he needs to be at home what is happening I'm good okay and I I apologized that I needed to get a hot water heater but I got a licensed um plumber to install it I just needed hot water so we could maintain he can't be displaced you have no idea what it's like to take care of a handicapped person um okay Mr arm give me one moment let me just make sure the first you didn't need to come up here go sit down it's too much for you okay and Miss Durham you're saying that there was no installation or removal of drywall at all it was just the replacement of the water heater yes okay and I didn't know I had to have a permit for that I got a licensed person but what is annoying to me is that I I was never told until the 23rd of December that I was in any kind of violation I never got any notice prior to that okay so I'm you know apologize but I don't know what else to say except for I needed to get it done and I didn't realize I was V in violation okay and then um um when you did receive the notice on December 23rd did you reach out and contact the city at all no because they sent me a note saying that I have to come here you had to be here okay and you're saying you did not receive the initial notice of violation that was put on your door is that correct if it I don't know when it would have been what was it after the store I we have we evacuated from Milton for eight days so would it have happened then I wasn't here it does say that the initial notice of violation was on 1021 I don't have a photograph or how that was sent to you I don't know either because I never received it so I I apologize again didn't know I was in any kind of violation until the 20 until the 23rd of December December okay all right thank you Miss Durham I do have a couple more questions for the city Mr Cruz um understanding the citation that was or the the code citation is 98-12 3.1 um and that does say any any development activity within the flood Hazard area and you're saying that does include the uh change out of water heaters yes yes ma'am okay and and I seen the the the discoloration or the change of color in the drywall so I assumed because everybody was doing drywall like 95% of this island was doing drywall which is perfectly fine if it wasn't but the water heater does need to have a permit um right now the city has waved all their their permitting fees the only thing they're just charging for that we cannot wave is the Florida search charge um so we're just looking to get a permit if she would have reached out maybe we wouldn't even be here because I could just let her know what the next steps in the process sure can you show me a copy of the notice that was sent on 1021 because she's saying she didn't receive that I don't have that in my packet also if you have a copy of the CER five mail receipts for that December 20 or October I don't need the December yeah I just need the October 21st notice a violation Banner page for the property and this is the return notice of violation from the property can you flip that um it says it was unable to deliver it so was it was sent back to the city is that what happened yes yes sir no mail receptacle oh no mail so ooco October 9th was Hurricane Milton landfall and this was October 21 there may not have been a mailbox operable mailx was the notice gotten was the notice uh disseminated in any other way shape or fashion to the property owner to my knowledge that they they were using the St Petersburg um post office but I don't know when that date was you know that they arranged for any mail coming from here to be going to there for the residents and I understand that but obviously the post office has says it's unable forward and there's no male receptacle uh since this is certified maale isn't the respondent responsible to pick it up if if if it's even delivered if there's no male receptical to deliver it to I mean technically certified mail is supposed to be if it's return receipt requested it's supposed to be signed for but it doesn't even look like the post office made an attempt to do that um give me one moment to so it's December 23rd the notice of hearing did that have a notice of violation attached to it also you left on thece violation attached physically on the property for my posting as well as through the um certified mail so then that's the earliest I would have that we can document they would have found out about it December 23rd that's sure but that doesn't provide a cure period that's required under chapter 162 because if you did if the notification went out till 12:23 but the the Cure period was in November you're you're not giving proper notice under chapter 162 give me one moment though just to review the statute yeah our notice of um violation gave them only to 1118 understood right and so this came out after understood so it does chapter 162 says all notices required by this part must be provided to the alleged violator by certified mail and at the option of the local government return receipt requested to the address listed in the tax collector's office for tax notices or to the address listed in the County Property Appraisers database your honor MH um we'll withdraw this um notice of violation but ask that the um property owner obtain a permit for the water heater uh within a reasonable time to compliance which I think you would give them 60 days or 30 days with the hurricane at the building department it may take a while to even get a hot watering Department I think that's a good question for uh Miss Boland um for a water heater how long do you think would be a good time frame that they would be able to complete that um since it's in a trust I think they need to get a I have to double check with the building official get a contra okay awesome so maybe 30 yeah 30 I think 30 should be good and we can always revisit it cuz again the goal is to just get the permit sure and if you're withdrawing the the violation then I there's nothing that I'm going to be doing there will be no order from me and then that will be between you and the um and Miss Durham and uh Mr fling so you're just saying I need to get a permit within 30 days so at this point because you had you did not receive sufficient notice of the violation in October to to pull the permit afterwards the the city is withdrawing the violation against you however in order to to avoid getting a future notice of violation for the same thing you just need to go get an after theact permit from the city and you can talk to probably Mr Cruz after this um and he can kind of let you know what to do thank you very much okay so um that has been withdrawn there will be no order forthcoming for me on that one moving on to agenda item 5c case number 202 40539 city of St Pete Beach versus Thomas Simmons good morning Madame magistrate Steven Rivera again on behalf of the city of St P Beach enforcement case number 20245 39 respondent is Thomas Simmons violation address is 103d Av violation description the properties in violation of section 98 123.1mi required of the code of ordinance of the city of St Pete Beach case summary initial inspection 10:15 2024 notice of violation dated 10:16 202 24 notice of violation compliance date 1230 2024 notice of hearing dated and posted to the property 12225 the following is a true and accurate representation of what I witnessed this is the Affidavit of posting this is the first stop work order posted on the property on 10:15 it's picture some of the work being done this was the second stop work order posted on the property on 1017 you see they kept working they added the windows and the doors from the previous picture corrective action property must obtain for the per property must obtain a permit for the exterior repairs being done property is not compliant recommended fine $250 a day starting 1231 2024 or until compliant I'm sorry 2024 until compliant plus 325 for the administrative cost okay and that concludes my presentation and there's no uh violation for the violation of stop work order correct it's just that there's a violation for I reposted it um when I went by the next day they they were still doing work obviously when I the only formal notice you have is for no permits required not for a violation of a stop work order correct no no just to just to work without a permit there was no one at the job site when I posted it on the first date the 15th I believe it was on the 17th when I went by there um I knocked there was doors windows were covered up so I don't know if anybody was in reposted the property it looked like the work had stopped day of the posting I could actually hear them inside work and no one answered when I posted okay all right thank you Mr Rivera is there anyone here on behalf of Mr Simmons if you could come please state your name for the record my name is Thomas Simmons and Mr Simmons do you have anything to to present to refute the city's allegations I do um in response to the stop workk order the first one that had been delivered I wasn't aware of it wasn't until I found out about the second one being posted because the guys that had helping me had pulled the sticker off outside the building and put it on the inside um and then they told me that it came by again and put it back on the door I understand that um to get back to why it was all started in the first place was because after we had the flood had significant damage in passing Ro I'm at Third Avenue which is right towards the end um we had Milton coming after that storm well that first storm took out the last 7even or 8 ft of my house on the bottom floor and had nothing supporting the top floor so Milton was coming uh because the threat of the of another storm coming possibly damage my house further I had friends help me the night of the hurricane uh start framing it up we got got drywall not drywall but uh plywood on it to just Shore the home up so that it wouldn't get any more damage and the only reason I jumped on it at that point was when FEMA came by and they looked at it told me what was going on with it and they actually within two days had me uh some money to go toward the repair so I immedately jumped right on to Shoring it up so that I could at least beat that part of it my intention was always of course to get a permit but I'm of the schooling that I thought that worst I could do when I saw his notice was to stop work order I stopped um I thought that I was not to do anything more until if I need to get a permit I didn't know there was a um I did not know there's a deadline of 12:31 or 12:30 um otherwise I would have gone and try to do something about it but there's also the mix of I'm try I'm contacting a structural engineer there's more at at at play here because I can't just go and get a permit for the city of St P Beach I've got to go to the federal agency to get one because I'm in a flood plane so that I can see that if I could even do it um so there's a lot of wheels of motion I'm a full-time worker uh I haven't been in good health lately um I'm uh just recovering from uh uh OC carcinoma lung cancer um I currently have a bad cold right now so things like this kind of slow me down um my intentions like I said have always been to be in compliance but I knew since that were soft work order my my main deal was to stop working and I just did that um I figured that once I got the permit then I would call him again and say can can I start going the only window why the only reason the windows were put in the home after his first picture showing there's nothing there is because I had the guys continuing going on because I didn't know anything about the first work order but as he stated it stopped immediately on the second time um and so I I there's nothing willfully done wrong for me on my part and I did get a register letter last week about this situation here um I'm missing an oncology appointment this morning to show you how important this is to me I had one at 10:00 but I had to be here um granted I've just realizing I could have gotten a continuance but I I more I thought this is more important and for to take care of it um so I've always want to do my du I don't feel that I should be paying any fines I feel that everyone down in pass will been hit hard enough it's been horrible um we're all doing what we can do I to quite honest I'm the only three people living on my block right now it's like a ghost town um because the damage is so very significant the whole neighborhood uh I uh I have every day to something else to do besides having to worry about uh doing something with a permit front of my house I I never even had time to come down here I have just enough time to go to work and come home and it just only proing certain times you come here to come get a permit well the one time they did come here they said well I need to go to Federal go to they gave me the number of of place I need to go to get uh see if I of the flood plane if they could get me a permit but that's all all uh hinging on the fact that if my if my house has the actual structural value that doesn't exceed 50% of what I needed to do um so I've gotten something from the city saying that I have substantial damage but yet uh I'm finding out from vanelis County uh tax collector that I can get someone a private uh appraiser to come in and reappraise the structure so I know I can move forward so it's more than just this permit at play there's lots of moving Parts in it that I simply haven't had enough time to do okay all right thank you Mr that wordy enough yeah no and actually thank you for the information so if I could ask just a couple of question questions so you've received your 50% substantial damage letter from the city correct I have they say I'm at 87% okay and then um you're saying the tax collector's office told you that you could hire a private appraiser that could maybe refute that um I have overol everything that they sent me I yeah and I don't need to see it I just want to make sure so are you planning on doing that oh yeah no no I've already reached out to several appraisers okay they're all very busy right now and I got one guy I can imagine com end of this week yeah okay so the my question to you is and I can understand why you would want to sh up your home after Helen before Milton um and I understand um where you're coming from on this I do you have any idea um I know you're looking to maybe appeal the the substantial damage determination um and it sounds like you're taking good steps to do that um do you have any idea how long that might take before you would be able to apply for a permit I know that's a it's a difficult question to answer you know because I've never done anything like this I'm not sure how slow they are to any of this stuff right now I think a lot of people have so I can understand that um I I can say that I would get right on it as far as that goes I that's all my intentions for this week I have two brothers visiting me right now just to help me with uh figuring out what we're going to do with the structure okay um but more most importantly I've got the value the agre has been made too too low on my uh actual structural cost of the house okay um and then I guess my next question maybe might be from Miss Boland um I know that the issue is the work that was done prior to well maybe it's twofold is it prior to what happened prior to Milton so that was from hel correct it is from Helen yeah yeah okay so it was just what happened PRI okay so then I'm assuming that the city wants to just get permits put in place it is a difficult situation um because you want to get after the fact permits for the work that was done between Helen and Milton specifically states that if if I get go to get a permit from City of STP Beach I have to also make sure that something from the flood planning from the federal agency that says right because you're below the base flood elevation understood um and because of this substantial damage determination okay I'm just trying to parse out we had two storms that were back to back um and and this violation stems from work that was done in between the two and your substantial substantial damage determination is something that was done post Milton correct yes yeah so I think what the city is looking for and I don't want to put words in the city's mouth is to get an after Thea permit for the work that was done to shore up your home in between Helen before Milton but then you still need to get permits for work that's going to be done post Milton and you need to get a structural engineer you need to get a flood plane or or flood plane be very happy all of that at one time I just want to make sure that that's what I can do right okay okay um thank you Mr Simmons I think I have everything I need from you anything further from the city no' okay okay this one is very difficult because obviously for all the reasons that I've stated the after Thea work was done as a necessity in order to shore up this man's home so that he didn't get hit severely for Hurricane Milton I can't even imagine trying to get a permit within that two we window when people were still suffering from Helen and everything that was happening with City Hall as well so with that being said um I mean there is a technical violation of the city's code um because there was unpermitted work done below the Bas flood elevation so I'm going to do this I am going to find that there was a violation of the city's the stated code section however I am going to give um and I have no idea how long this process is going to take so I'm going to set a status hearing for 120 day not 120 days let's do 90 days 90 days from the date of my order um and we will set it for let's see let's do it for the May let's actually let's just do a status check for the May 12th uh code hearing so I'm not going to continue it I am going to find a violation and then allow Mr Simmons um we'll just reconvene on May 12th and see where you are in the process if you've made a good faith effort to kind of move it along to try and get the permits that you need we can re-evaluate it at that time if additional time is necessary based on your efforts in that interim period of time I may Grant an additional extension if nothing has happened then I will entertain the city's um right to have fines imposed on the property I'm sure I'm sure you want your home back but just as much as the city wants you to be in compliance I can understand that okay so I will get you an order to that effect just please make sure I have your contact information all right thank you madam thank you okay moving on to agenda item 5D case number 202 4580 city of St Pete Beach versus John O Kylie and costan costandinos uh VAR I'm not going to I will butcher somebody's name I am so sorry uh okay Mr Cruz yes thank you madam magistrate for letting me take my turn on that yeah please do this is cod enforcement case number 202 24580 respondent is John O Kelly Kylie Excuse excuse me and constandinos vacus V violation address 423 85th Avenue violation description the property is in violation of section 98-2 123.1mi required of the code of ordinances of the city of St Pete Beach case summary the initial inspection was 1026 2024 notice of violation dated 10:30 2024 notice of violation compliance date 1127 2024 notices of hearing dated and posted on the property 1223 2024 these are a true and accurate representation of what I have witnessed this is the Affidavit of posting at 423 85th Avenue this is the stop workor order that was posted on the property at 423 85th Avenue this is the unpermitted drywall reinstallation at 423 85th Avenue the workers were there at the time of the stop workor order I'm pretty sure they removed the stop workor order as well which they are not supposed to which it states on the stop workk order as well corrective action property must obtain a permit for a dry for the drywall that was installed without a permit property is not compliant recommended fine is $250 per day starting 1128 2024 until compliant plus $325 for administrative costs and that concludes my presentation thank you thank you anyone here um on behalf of the property owners please state your name for the record my name is my name is costantinos vakis there we go thank you all right Mr vakis do you have um any uh reply that you'd like to the city's allegations yeah I would like to say something about that uh I'm half owner or probably I will help the house after the 92 year old that resides there John Kylie he's a an our Navy vet for 21 years so he's like a n fashion guy and then whatever happened I mean I have to deal with my house of course and my restaurant and my buildings I let him do whatever he wanted to do but he went his own way so he was trying to clean up the house mitigation or whatever so there's a company going around you know it's ktic and that particular the time so he called Ser Pro they never answer for two three days so somebody came to my lab and says to me I can do that so I said go talk to this guy John so he went there he was a guy from the other side of Miami everybody was kind here to help he was a general contractor mhm so after that I mean you know John called me or see him sometimes and he told me that uh he agree with the guy to do the mitigation and then I brought my general contractor to give him a an estimate about his house the poor guy is 92 years old he's you know has his own routine every day I know him he's you know like I'm not weird but very unique he runs every other day for five miles and he eats whatever and then he said you know I felt sorry for him I know if he goes off his routine he will probably die 92 years old that's how people die you know and I send the guy there he says $150 to $200,000 and the guy almost had a heart attack so the same guy that he did the mation he says to him I'll fix your house back to whatever you know and he told he says to me he's going to give me I'm going to pay him so much money he's going to do dry wall electricity and I don't need floors I have a teraso so I'm going to clean them and I'm going to come back here again you know to my house and meantime I had to find something for him to go so he had a family in Connecticut so he flew up and he let me deal with everything else until that day he was dealing himself and I was dealing with my own stuff so he went up to Conneticut and I took over and then one day he called me I don't even know I don't go to his house one day he called me and he says to me that they put Norris Sid put a Norris I say okay so what's going on I say why says to me my contractor did not pull permits so what do you want me to do so I said to him of course you have to stop it I mean I'm half of the house too I'm myhit that I want to uh you know do something in the future so I told him let me talk to him so I called the guy and I told him listen you're not going to do anything anymore let's go do the right way he says to me what do you want to do I said you're going to go file for the permits and do whatever it takes for us to get to go back to normal not to do anything illegal I I never knew that you did not f for permit and the reason was because they wanted the old men to come down and go back home and live in warm weather is uh cold weather which actually he almost died you know when he went up there a week later he had a pacemaker because he didn't do his week you know daily or whatever weekly routine so since that day you know I'm trying to get the permits but we have to wait for the the substantial letter so I was waiting for the substantial letter it was damaged 69.8% so John says to me come on let's what are we going to do now I say okay we have to you know according to that we have to go under 50 for you to fix the house otherwise you have to sell it I mean what you going to do I mean it's a very difficult situation MH so uh I hire priv appraisal so I got the appraisal back thank God you know like everybody was two three four weeks behind with the appraisals and then I came here uh Jan January 6th and I appeal that damage and I wanted to do it the right way so hopefully if I'm under 50% then we can go ahead and do the after permit or after work permit or the permit and I have talked to this Carlos construction that it's from the date from the other side to finish up the job but go for the permits and do whatever they want so that's why we standing right now and okay so you're still waiting on the city yeah the city to come back on say that we can that you can do it okay and who did you peel the 50% determination to that goes to the city City St Pete Beach okay I wasn't sure if you guys use panel's County or not which we have our own good very good I mean everyone to their own but it's time timer this way um okay and um Miss Bolan do you have any idea on where that is in the process the appeal review we actually have two ISD determination appeal and one is Dr cabinets installation bathroom of new moisture resistant dri pile and fixtures that's also in review that was submitted on January 6 by marrows Construction Corporation is that who you fired okay we one person doing theal reviews and that actually went into review January 6 as well okay okay and at this point the sdsi determination I'm I'm assuming will have to be done first prior to the review on the the new installed permit okay and you said at this point you do not know how long that review process is going to be because there's only one person handling those there's one person doing the appeal process so I really I think on involved the is okay we have no objection till April or May your honor okay I was going to say I I much like the last uh respon the last case um just because there is the the appeal of the sdsi determination um I am going to do the same thing find that there is a violation of the stated code section however with that being said we will come back at the May 12th status hearing to determine whether or not good faith efforts have been made to secure the after Thea permit and move forward or if we need to visit uh in position of a fine beautiful and in the me meantime just continue to work with the city and do everything that you need to do and hopefully lar is first yeah and hopefully Mr Kylie does yeah Mr hopefully Mr Kylie uh his health gets better and he's able to get back into the house so thank you you're very welcome I will you in order to that effect just make sure I have your contact information I did okay moving on to the next agenda item K uh 5e case number 20246 36 city of St Pete Beach versus uh Maran uh sirn and the sewins I'm sorry I know I'm going to mess up everybody's name uh I think that's right if it helps any my name gets butchered all the time I know it doesn't but all right Mr Cruz thank you very much special magistrate Lewis Cruz representing the city of St P Beach code enforcement this is K code enforcement case number 2024 0636 the respondent is Maran zerin and Boma zerin um violation address 141 72nd Avenue violation description the property is in violation of section 98-64 general maintenance a 98- 65 unsightly conditions 4 thank you and 98- 66 residential and Commercial Property Maintenance a b c 2 and three of the code of ordinances of the city of St Pete Beach case summary the initial inspection was 1121 2024 notice of violation dated 126 2024 notice of violation compliance date 1223 2024 notices of hearing dated and posted on the property 13 2024 these are a true and accurate representation of what I have witnessed this is the Affidavit of posting at 141 72nd Avenue these are this is the debris that is in the RightWay and on the property as well at my time of my inspection courtesy notice was left on the property this was a reinspection and it looks like they moved the majority of the debris back further onto a tarp onto the property at 14 172nd Avenue still a lot of debris and stuff there on the asphalt corrective action property must remove and clean all debris from the property and or right away property is not compliant recommended fine is $250 per day starting 1224 2024 until compliant plus abatement Cost Plus $325 for administrative costs and that concludes my presentation I have a question you have a batement costs on there but at this point has the city Abad the property or is it non-compliant no um we were that's why we were trying to give them that this time frame to get it done um we have a company that we have that just gave us over quotes for how much it would take to get this cleaned up if the owner is negligent and not doing that um so I can present that quote if you would like it is a number of how much it would cost no because I'm not entertaining fine amounts at this time so if it gets to a fine hearing then that would be the appropriate place for that um and then I did have a question as far as debris removal is concerned the this happened right after this the violation happened after the storm do you know if this is storm debris removal and did the city or county you guys contract with the county for that tobr removal let me uh clarify too is this a multifam project yes it's a multif family property yes it is the city um FEMA contractors only pick up the single family not multif family correct yes yes sir and so multif family units have to arrange for their own debris removal yes okay perfect thank you that's what I was looking for I know some jurisdictions have contracts for commercial and multif family units but St Pete Beach does not oh and then the pictures um they show that they moved um the debris from the curb back further into the driveway but it's still uh there yes and that would still be a violation yes sir yeah okay makes even harder for um to pre remov them yeah but and there's also um is that a glass aquarium yeah it looks like a fish tank like old fish tank it was um it was out to the uh to the RightWay earlier and then they moved it back is that something that could attract children uh it's definitely something that can be unsafe especially with the broken glass CU I'm pretty sure it's broken okay um so it can be an unsafe situation if there were to be a child to go into the property yeah we like to get this removed as soon as possible I can understand that um okay anyone here on behalf of the property owners if you could please come and state your name for the record morning Martin ZN Betty zwin the son she's the the owner okay perfect um so we as far as I read it said remove from the curb we did remove it from the curb when we got the notice put it in the driveway excuse me that uh fish tank was also not ours that was put onto uh our dump um but we did remove it um a couple weeks ago but we weren't aware that we had x amount of time frame cuz we had a notice from our other building from the January 19th and so we had to we thought we had till the 19th but it's all removed we also have photos and videos okay yeah if you could just do the photos to see when it was removed you can hold them up to that projector can you turn it sideways yeah I can yeah I can no way way toward upside down now I know at the top there you go you removed everything this is the the video of the driveway the rest is just dirt dirt okay and do you know what date that removal occurred um Thursday of last week so the 9th 25 jeez okay and um you said you did receive the notice on this building but the you thought the compliant state was the January 19th in on your other building is that correct because we were out of town um for in Virginia for Christmas and New Year so we didn't even technically see it until we got back for for this uh notice for this property correct okay and because we're rarely ever there okay and the initial violation was on 126 are you saying you didn't receive that violation notice until we got back until you got back back so you were gone for the whole month of December well we were we were here we just we weren everything yeah cuz we like I said it said curb so I removed from the curb to the the driveway I think so I yeah technically the 26 I think maybe I removed it or put it to the side okay and I don't know the exact dates but I moved from the curve because we did I saw the notice okay and you're saying that notice of viol okay I can look at it here okay um anything else that you'd like to say on your behalf I'm just everything's was removed and the fish tank wasn't ours and just people were dumping stuff on there too when we came back I think even in the that first photo the the gentl presented the fish tank's not even in in that photo photo yeah okay okay thank you very much anything further from the city um your honor just the notice of violation States the storm debris that was removed from the building and stacked at the curb must be removed the city of St Pete Beach will only pick pick up storm debris from Residential Properties meaning single family residential it does appear they're in that they're now a compliance and the uh the goal here is to achieve compliance okay so how would the city wish to proceed because if I find a violation technically there is a period of time with which I could assess a fine um and the recommended fine I believe is $250 a day plus administrative costs up to be whatever you want to admin admin costs only admin costs only okay um the city uh excuse me I do find that the property was in violation of the stated code sections however is now in compliance and was in compliance effective January 9th 2025 I will not be assessing any daily running fines however I will assess the reasonable administrative cost of the city in the amount of $325 and you all will receive an order to that effect make sure we have your contact information and then you can figure out how to pay that with the city all right okay moving on to case number uh item agenda item F 5f case number 22 40633 city of St Pete Beach versus Nancy Gibbs Roy and Janet Gibbs Skelly Hayden Mr Cruz thank you special magistrate Louis Cruz representing the city of St PP code enforcement this is codee enforcement case number 2024 0633 respondent Nancy Gibbs Roy and Janet Gibbs Skelly Hayden violation address 190 73rd Avenue violation description the property is in violation of section 98-64 general maintenance a 98-64 unsightly conditions 4 and 9866 residential and Commercial Property Maintenance a b C2 and three of the code of ordinances of the city of St Pete Beach case summary initial inspection is 1120 2024 notice of violation dated 125 2024 notice of violation compliance date 1223 2024 notices of