>> To
to to.
>> Too.
>> To
>> the,
>> 2, 2, 2,
>> Good afternoon. My name is Sherry set thin on the
magistrate for Seminole County we're going to go ahead and get
started
the way that the process works is. When you come up, you have
a seat at the table you will be sworn in
the county will present its case first after the county has
an opportunity to present in close its case you have an
opportunity to present your case. The you will have an
opportunity to cross examine witnesses of the county,
if you would like and they also can cross examine your viewer,
your witnesses, this is a pretty informal process.
So I'm are jacking up and ask questions at different times as
well.
But I will make a decision here today if you're here for a
first-time violation and you are found to be in violation.
If you do not comply within the time set you stand a chance to
have a fine of up to $250 a day and pose if you're here for a
repeat violation. Use and have a penalty of up to $500 a day
imposed. And then we also will hear compliance hearings today
for cases that have been before me at on a prior occasion.
So if you're following along with the agenda. We usually do
not go in order we try to get people out as quickly as we can
and have a pretty large crowd today for 24 0, 4, CS AM Tesco
real a park so many go ahead and call that case first.
I represent to school a park scl TD I'm one of the managing
members of the partnership.
And I'm here to say that what we're doing said. It's so do
you have other individuals are going to testify for you,
not unless my parka techniques to say okay on our behalf so
anyone who may provide testimony if you raise your
right hand and then County staff members that are going to
provide testimony if you will raise your right hand.
Do you solemnly swear or affirm the testimony that are about to
give to be the truth, the whole truth and nothing but the truth
I do okay, so the county if you'll wait one 2nd the county
will go ahead and go first on this case and then we'll hear
from you.
I was a new space first sorry. I did that I call them out of
order.
This man.
>> Okay for the record name is Vickie Hathaway building
inspector for some of the county building this is in
regards to case number 24 '04 CSM Tesco a parked SUV LTV
this is at 1427 test will erode unit 2.45 where Springs
Seminole County violation charge Seminole County chapter
40 appendix a section one of 5.1.
The description, the violations, interior
alterations, including but not limited to the installation of
new walls electrical plumbing without the required permits.
This is a screenshot showing you that the test ballpark as
sea Ltd for case number 24 '04 initial inspection was down on
6, 6, of 23.
Notice to the respondent went out on 6, 7, 23, given a
compliant state 7.12 of 23, it's several different
follow-up visits. In-person also via computer you can see
results of the inspection of the violation remains on the
property.
This is a picture of the property. Appraiser's website
showing that the property appraiser's website showing
Tesco will apart as sea Ltd is the record owner of the
property.
This is a certified copy of for certain received return receive
mail for notice of hearing.
This is a screen shot that was down on one 12 of 23 for the
violations and they still remain on the property.
This is a picture of a stop work order that was posted by
the fire marshal and the very beginning that was down 6,
6, of 23.
These are pictures event unpermitted interior
alterations that were done.
And again of new walls.
Again we've also got firewalls here electrical and plumbing
running through them.
And then again in a picture of the fire marshals posted stop
work order.
This is a copy of the permits screen shows that permit 23 1,
3, 8, 2, 9, isn't PC which is plan check status. As of 1113
of 23 pending corrections from various departments, permit
number 23 8, 8, 5, 8, is first sign that is done we permit 22
1, 6, 1, 2, 1, is for a firearm that is done and then status.
This is a copy of the application date for plan
tracking information
that shows that the copy the permit application dated 9,
1, of 23.
And the plan here we're seeing that there's applicant accepted
task no further action has been taken
and the building electrical or mechanical plumbing permit
review date along with the wrong results of 1113 of 23.
Contact date with the applicant has to the corrections needed
to review is 1113 of 23 contact day with the applicant is ready
for issuance
okay this shows that the copy of chapter 40 in which they are
in violation of.
This is a recommendation based on the testimony and the
evidence presented the case number 24 '04 CSM is determined
that the respondents are the record owners of the property
located at 1427, which is 1425 Tesco will erode unit number
2.45 winter Springs and Seminole County as determined
by the property appraiser's records and possession or
control the property and in violation of Seminole County
code chapter, 40 appendix a section one of 5.1.
It is further recommended that the special magistrate ordered
the respondents to correct the violation on or before April
the 10th of 2024 in order to correct the violation
respondent shall obtain the required permits for the cited
violation.
If the respondents do not comply with the order find a
$50 will be imposed for each day, the violation continues or
is repeated after compliance, the respondent mass contact,
the inspector to verify compliance. This concludes my
presentation and care would you like to submit your electronic
case filing to the record. Yes. Ma'am I do.
>> Do you have any objection to the electronic case file that
you received the packet of information being submitted
into the record. No okay.
It's your opportunity now to go a k a
as an older if you'll state your name because my name is
Stephen Levin, okay.
As an owner of the property.
I was just recently
made aware of the gravity of the situation.
My staff had not conveyed to me.
We have taken steps to
the county and ourselves. We have presented the A 10 it
who has caused this issue by failing to get the permits with
a three-day notice.
And we have filed an eviction action for the most part both
monetary damages and violation of our lease.
I'm here to protect the interests of the property.
If there are 10 and is unable to do what they're required by
the law by Seminole County then we do not wish to have them in
our shopping center.
I do have my architect here to say that in the event that the
tenant cannot do what they're supposed to do and we have to
do the complete eviction that we will
he will going. He was review the situation he will submit
the plans in a certain County and will immediately address
any and all violations.
Okay, so the violations for not having a permit so.
>> So that the county has asked that you just
get those permits by April 10th.
Is that sufficient time for you all to do that and it it the
county doesn't have any concern about what goes on with your
internal 10, whatever you need to do with your 10 and that's
fine but what they're asking is for you to get the necessary
permits by April 10th. If you are unable to do that then can
you give me a good amount of time that works for you.
>> Well if the tenant and their architect or and or engineer
cannot respondent timely manner to the county and satisfy the
county's needs for the required building permits we're still
going to be pressing forward legally
and depending on.
You know our lawyer and the court system here.
You know we'll see what the eviction does, but I
urged to a tenant to do what is required by the county.
>> Well, I'm I'm letting you know though that as the
property owner, you're the one responsible, it's not the
tenants responsibility so the county is asking you not the
tenant
whether you are capable of getting the necessary permits
for the building you owe by April 10th and has nothing to
do with an eviction proceeding and the eviction proceeding
could still go simultaneously with this but
at this point if this were me because of how long this has
been going on I would step in and I would tell them you're
not doing this, I'm doing it and you're paying for it but
I'm doing it so I I need you to let me know how long it that
you think it will take you all to get the permits.
>> If I got to meet a nice level of architecture as the
limits architect, I had the privilege of being able to work
at the shell building prior to him leasing spaces which were
permitted in previously approved by Seminole County.
As I understand it currently there is an architect of
record.
That is performing work on behalf of the tenant that
there's currently a permanent place for at this time I cannot
step in as I'm not the architect of record, however,
if the tenant is he is convicted Steven within bring
me and as the original architect who basically remove
the current permit and design the space property to be under
a new permit would be the intended actions. So that the
building could be in compliance with Seminole County. So is
there a prominent.
>> There's not a permit has been issued there's one that's
been applied for to it. It's been a plan check status since
11 mind of 23 went back to
contractor which we've not heard back.
>> So at this point without regard to an eviction without
regard to who is the architect of record. I'm asking you is
the owner how long will it take you
to get the permit will you be able to comply by 4/10/2024.
>> I would say May 5th it was a would be more realistic.
Okay well received through your required if a chance we go to
would be a a because we always do the day before.
At a hearing in our next hearing with the the night.
So does the county have any objection to
providing him till may. I don't what I would like for him to do
is take my business card to contact me so where at least in
communication with one another because this has been a
property that has not really had a lot of communication
which have been caught out. The fire marshal to shut it
down because you're operating without the permits.
>> I apologize for that the staff that ahead on site there
was not communicating. We're sharing the violations with me
and to have since been terminated.
So we're going to do our best to be in contact and get this
in order for the county and for the shot.
>> OK great I would appreciate that okay, I'm going to go
ahead and I'm going to find that the property owner was
properly noticed to be here that the property owner is
president and represented today.
I mean I find that the county has provided competent
substantial evidence to find that the property owner is in
violation of chapter 40 appendix a section, one oh 5.1.
I'm going to provide until 5/8/2024 at 08:00AM to come
into compliance.
I'm fine in the amount of $50 a day will be imposed for each
and every day that the violation remains and I urge
you to make sure that you do keep in contact with with
mishap away. I assure, you that maybe your and remaining in
contact with her that's going to go further here if something
happens along the way and you are unable to make this date
and I want to hear from I want to hear from her that you have
been consistently working with her and then make sure at I
want everything is in the system, it's your
obligation to contact her to make sure that she is aware
that the permit has been issued OK, thank you I understand
thank you.
Thank you, thank you.
We're just going to order from there.
Case number 2319 C E S and Eugene and Donna Smith.
Are you Mister missus Smith union and Ana okay, if you both
raise your right hand please do solemnly swear or affirm the
testimony you are about to get to the truth, the whole truth
and nothing but the truth you thank you.
Okay our Miami County are under oath.
Okay for the record name is Vickie Hathaway building
inspector for Seminole County.
>> Building division, this is in regards to see esm 2319
Eugene and Donna J Smith
in regards to 3759 senators, Mel circa Castleberry in
Seminole County Florida violation charge Seminole
County chapter 40 appendix a section one of 5.1 description
the violation installation of a generator transfer switch with
associated wiring gas line and new sub panel under 3rd of all
vote, Eric
equipment without the required permits.
This is a picture at a screen shot of the case summary
initial inspection was done on a 3122 that is to the
respondent went out on 9 more than 22 given compliance states
and 9 1522 10 for 2422.
Visits inspections were done through the 22 through 23.
Follow-up inspections, the a computer at 2 to 8 of 24 the
results, the violation remains on the property.
This is a screen shot of the property appraiser's website
showing huge new gene and Donna Smith, her property owners of
the property.
A copy of the certified green card received one 1724.
And a picture of the violation that was done on to 7 of 24.
Violations were taken on a 1, 8, 31 of 22.
Panel that was taken on a 31 of 22.
This was a door knock and that was left on 9.21 of 22.
Violations again taking on 1115 of 22.
Generator that was taken on 1115 of 22.
And again on 1115 of 22.
The violation taken on to 8 of 23.
This shows the permits green were no permits have been
issued to correct the violations.
This is a copy of the Seminole County chapter 40 appendix a
regarding the permitting process.
And the recommendation is based on the testimony and the
evidence presented in the case number 2319 see esm it's
determined that the respondents are Eugene and on the Jay
Smith. The record owners of the property located at 3, 7,
5, 9, centers will circle Castleberry in Seminole County
as a trauma by the property appraiser's records and
possession or control the property and a violation of
Seminole County code chapter, 4 U Penn Dick's a section,
one of 5.1.
This concludes my pres site for the recommendation to order the
respondents to correct the violations on or before April
10th of 2024 in order to correct the violations the
respondent shall obtain the required permits for the cited
violation. If the respondents do not comply or a fine of $50
a day will be imposed for each day, the violation continues or
repeated after compliance, the respondents must contact the
inspector to verify compliance of this concludes my
presentation.
You like to submit your electronic case file into the
record.
>> Yes ma'am okay, give any objection to the electronic
case file the documentation. That's been provided to you
being submitted into the record.
>> No okay. We had gotten a contractor back and 22.
Can he get halfway through the firming per person and decided
to.
>> Well he just it we thought he had the prom. He told us he
did
and but nothing more was getting Don.
And so finally we came up here and they said no there's been
no comment so we went through the process of 5 and them
and then hiring an I D BK another company and they just
got off the paper it is they actually gave me a permit
number.
>> BP 24 dash 0, 0, 0, 1, 2, 2, 9,
>> And is that correct we have can you get the permits screen
please.
Yeah, I just gave it. Yeah it was not issued its and plan
check okay.
So what does that well the.
>> The girl in the works work for the BK people in all the
permitting she just said she submitted everything yesterday
all the paperwork and everything that they wanted.
>> Okay, so what that means is they're reviewing it to make
yeah it's under review. Okay, so what the county has has
requested it is that you come into compliance by April 10th
and should be a pro or so if if that is I'm not a problem with
you then. If you do you have anything else you want to add
more okay
and I go ahead and find that the property owner was properly
noticed to be here today, the property owner is in fact
present and the county has provided competent substantial
evidence to find a violation does exist on the property.
It's a violation of chapter 40 appendix a section one oh 5.1
and I'm going to order that the property be brought into
compliance by April 10th at 08:00AM we are fine in the
amount of $50 a day will be impacts yeah, I don't know we'd
be well but we'll do what from and and he's to come get
infected, anything I wouldn't I would hope that your contractor
would and would let you know all of that information that so
I would like you also to get a card trahan is not the way so
that you can be in contact with her and thank you thank you,
thank you.
I'm gonna call it the. Let's call 2350 C E S Sam, we have an
attorney present the arena Della Reese of trust
2350 C S a
okay, yes, your honor, OK, which one is this.
>> I apologize my honor, your honor no your fortunately my
clients had a relative dies suddenly earlier this week and
this and that's why they're not here with me today
and can expect a we have an a engineer for team to drop the
drawings for the courtyard in the front.
And also for the fence vis-a-vis the
Syed easement off of I think it's club
and we expect to have those ready next week and will send
those over to the county
for review.
>> Okay, your compliance date was yesterday yes, your honor.
And so how long are you requesting.
>> Again I expect that will be able to get those plans over
next week and I would hope that people to have them reviewed
and
be able to move forward by the next.
>> Compliance state. Okay, so that next day would be
March 13th does the county have any objection to a continuance
to March 13th. The defense has been planned check for quite
some time.
They will either need to apply for a variance
because it's a corner lot which I've spoke to
I believe his name is Edward yeah, in person several times.
I've got his e-mail telling what he needed to do and
regards to that they still haven't applied for a variance
that I'm aware of I said or you can remove the fence, so you
can be in compliance.
I said, there are several options. We can look at with
the fence alone the other one is going to require engineer
plans and drawings which I mean I can't speed that up, you know
you go if you go to the picture that shows the fence and I want
to make sure that talking about the right sense. The raw iron
fence right there the right that is going to require
engineer plans and drawings for the little patio area which I
know they said they were working on that's one thing but
we've also got a privacy fund that on the next to collect
okay, that's the issue that we're that's one of the issues
then held up for quite some time my.
>> Understanding again is that the
and I'm not sure what the variances needed for my
understanding is that there's a 25 foot easement off of
the edge of the road and that the fences, 27 feet from the
edge of the road and therefore shouldn't need an easement
unless there's something that my client is missing.
>> I had suggested to him this is what this is how I try to
get around things come in and apply for where your fence is
currently
put the dimensions where it's supposed to be if it's meeting
that then you shouldn't be required to have a variance but
apparently the drawings are showing something different.
>> Right and part of what my client is doing with the
engineers they endure came out and measured it he's going to
provide drawing showing that the fences
past income if I was OK.
>> So then with all of these things happening. Does the
county have an objection to a continuance again 3 March 13th
to March 13th, we can that's that would be feasible okay all
right.
Then I will go ahead can we clarify let Megan speaker one
2nd sure.
>> Meghan's and risky project coordinator planning and zoning
just so we're clear the fence has to be 25 feet from the
property line not from the right of way so if you're
looking at the edge of the road. You need to be looking
the property line OK so 40's my feet from the property from the
property line not from the edge of the road. A lot of people
get confused by that so if they do not need that 25 feet from
the property line they will need a variance
or they could move the Fed where they can move the fence
back to the 25 foot minimum distance setback.
>> All make sure that they're clear on the relevant.
Measuring point.
>> Then I will go ahead and amend my prior order.
We dated
the one 2nd.
I know it here.
My second amended order dated
the 18th day of December 2023 to reflect that the compliance
state is now
March 13th at 08:00AM and everything else in the order or
remain the same.
Thank you thank you appreciate your own.
Okay and I see we also have an attorney on case 24 0, 3,
see esm Brad Samuels.
Good afternoon, good afternoon.
For the record name is Vickie half away.
The actor first wait one 2nd, let me go ahead and is there
anyone going provide testimony.
I don't believe soft-spoken but okay, okay sorry, donate
inspector for Seminole County building.
>> Regarding case number 24 '03 CS and Brad Samuels at 2.90
Myrtle Street Sanford Seminole County Florida. The violation
charge Seminole County code chapter, 40 appendix a section
one oh 5.1 description the violation installation of the
shed without the required permit.
This is the initial inspection was done on 5 to 23, given a
notice they responded on 5.10 of 23 and a compliance date
which you can say for 5.24 to 8.15 of 23.
Follow-up site visit or several of them from a one of 23 2 to 6
of 24.
And follow-up inspections, be a computer starting from 5 2323
all the way through to to 8 of 24 results of the inspection
violation remains on the property.
This is a picture of the property appraiser's website
that shows it Fred Samuels is the owner of the property.
This is a copy of the posting that I did on one 29 of 24 for
the hearing.
These are several different pictures of the shed that is on
the property, currently right now.
And again it's hard to see because there's been a trailer
that's put into the opening of the right of way where it's
blocked it somewhat took from being able to get a picture of
it on one 29 of 24.
This is a picture of the shed that's on the vacant land 85 to
23.
And again on 5, 1, of 23, the shed violation remains with no
posted no trespassing signs dated on a one of 22, 2023.
And again, the shed violation remains on a 23 of 23.
And that shows no permits here to correct the violations.
This is a copy the permit application dated on 5.26 of
23.
And the corrections that are needed for re submission for
any plan in order to get that push through.
This is a picture of the Seminole County chapter 40
appendix a regarding the permitting process.
And the recommendation based on the testimony and the evidence
presented in the case number 24 3 C S M
as determined that the respondent is the record owner
of the property located at 2.90 Myrtle Street Sanford, Florida
and Seminole County as determined by the property
appraiser's records and possession or control the
property in violation of Seminole County code chapter,
40 appendix a section one of 5.1.
So the recommendation to bring the violation into compliance
by April 10th of 2024.
In order to do that obtained the permit for the cited
violation at the respondent 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.
>> Would you like to lose my present and Kate would you like
to submit the electronic case filing to the record as
evidence is there any objection to the electronic case filing
some okay.
>> We will investigate it will be in compliance by that date
OK party of the permanent also a lot of it's been approved,
I think there's an issue with the septic.
Health was out yesterday looking at it will get
everything into compliance with the fact.
>> Then I'm going to go ahead and find that the property
owner has been properly noticed to be here the property owner
is president represented by counsel.
That there is the county has provided competent substantial
evidence to for me to find that the property owner is in
violation of Seminole County code chapter, 40 appendix a
section one oh 5.1 and I'm going to order that compliance
be achieved by April 10th.
2024 08:00AM
for a fine and the man a $50 a day will be imposed.
Thank you thank you for your staff.
They have a couple of years.
Thank you thank you to work and pay the next case is 24 0,
5, CS AM Miguel
Devon of it is and Rosalynn Doug who's been
I'm sorry, what
24 0, 5, CBS.
I don't want to
okay
and thank you.
Missed
Mister Gates been known to get
Nick how divine of issue okay can have the raise your right
hand please do solemnly swear or affirm the testimony you are
about to give to be the truth, the whole truth and nothing but
the truth.
And did she reach for un when ice for others, it's OK to
begin night.
>> All right good afternoon and the courtesy 911 administration
address in supervisor, I have presented a copy of the
presentation to the clerk and requested to be interred
and to the record.
Case number 24 is the 5 ceos aglow than a fish and Rosalia
Rosa Linda Cruz men at one 46 Lee Avenue Longwood 3, 2,
7, 5, 0, Seminole County Florida. The violation charged
is Seminole County land development code chapter,
90 section 90.5. And 90.5 4.
The description of the violation is the address
numbers are not posted on the structure.
Case summary initial inspection was 3 1523 4 1823. Notice to
respondent for 1823 6, 9, 23 7.19 23 and a 2123.
And compliance day and extensions for 1423 5 1823 7923
8 1923 9 2123 and then the follow-up site inspections
where 5, 1823 7 1823 a 2123 2523 1019 23 of the violation
remains on the property.
This is a screen shot of the property appraiser showing that
the property of record is Mike well.
They go do that.
No this say about the has a lead to.
This screenshot is the posting of the hearing notice on the
property on one 2924.
This is a screenshot of the address numbers, one for 6 are
not showing are not posted on the structure and that was to 7
2024.
And this is a second photo of the same.
>> Is there something about the the garage, what is it is a
script. Cause letter
I just numbers in raising rent okay script. Yes.
>> All right and then this is the
some of our land development code chapter, 90 sections,
9.5 8 9.5 4.
The recommendation based on the testimony and evidence
presented in case number 24 0, 5, ceos and it is determined
that the respondents are the record owners of the property
located at 1, 4, 6, Leah Avenue Longwood
and Seminole County and as determined by the property
appraiser's records and possession or control of the
property and in violation of the Seminole County land
development code chapter, 90 section 90.5 90.5 4.
Further recommended the special magistrate ordered the
respondents correct the violation on or before
4/8/2024.
In order to correct the violation the respondent show
post out just numbers one for 6 on the structure if the
respondents do not comply with the order a fine of $50 will be
imposed for each day, the violation continues where is
repeated after compliance, the respondent must contact
inspector to verify compliance.
This concludes my presentation.
>> Okay, would you like to submit the electronic case
filing to the record is evidence yes, do you have any
objection to the electronic case file. That's been
presented to you today being submitted into evidence okay
before you go, let me ask one question. See of a compliance
date of April 8th to do you have a problem with it being
April 10 no that's okay.
>> It was already taking care of you done it already it was
just that I was writing about the is my last month so I saw a
poster of the front of the art so I did just that.
>> Sending you do not have a problem with coming into
compliance April 10th.
I do have a phone I have a small business.
I didn't know how it works is you know what I mean if I gave
you to April 10th to come. Okay,
then I'm going to go ahead and order now find that the
property owner was properly noticed to be here today and
that he is in fact present that the county has provided
competent substantial evidence to pot find that there has been
a violation of chapter 90 section, 90.5 A and B of the
Seminole County code
and I'm going to give you until April 10th.
2024 at 08:00AM to come into compliance or a fine of $50 a
day will be imposed okay. Thank you thank you.
Compliance hearing, 22 1, 0, 3, see esm Thomas court right.
Are you.
I'm not calling any of the ones that aren't present that.
And call those lost.
I read to the hearing notice.
>> For the record name is Vickie Hathaway small County
building to that vision inspector for Seminole County
building division. It's a compliance hearing for 20 to 23
CSM Thomas Jay courtright junior
at 5675 deer path plane. Sanford.
The violation. The model of an interior garage into an
apartment including plumbing electrical hvac
in new windows and doors Seminole County code chapter,
40 appendix a section one oh 5.1 construction without the
required permits to case was originally heard by the special
magistrate on December 8th of 2022, and order was issued
given the response of the compliance date of March 9th of
2023.
On March, 9th of 2023 the special magistrate issued an
order extending the compliance date to June 7th of 2023.
On June 8th of 2023 the special magistrate issued another order
extending the compliance date August 10th the 2023.
And that the David not compliant was filed by the
inspector after inspection on August 15th of 2023.
On September 14th of 2023 the special magistrate issued an
order extending the compliance date to November 17th,
2023.
At the request of the respondent this case was heard
on November 16th of 2023 by the special magistrate
who issued an order extending the compliance date to February
7th of 2024 or for the meeting of February 8th of 2024.
The estimated administrative cost to proceed this case are
processes case. Today totals $936.32 for both the inspector
and the clerk
recommendation that the special magistrate.
Ford issuing order constituting in the lane and the amount of
$50 for one day of non-compliance to and including
February 8th of 2024 at $50 per day and the fine shall continue
to accrue $50 per day for each day, the violation continues.
Juarez are up he did after February 8th of 2024.
I did speak to Mister quite right we've been in constant
communication, we've got one permit that we're waiting on to
get issued.
And I that's going to conclude my case now let him speak on
his behalf, okay Mister Corr right let me go ahead and swear
you in
do solemnly swear or affirm the testimony you are about to get
to the truth, the whole truth and nothing but the truth I did
okay.
>> I just an extension again bringing on an engineer and now
I've got the engineer and his drawings are stamped more down
going to pick him up and a lot of money right this second.
Unfortunately I just add a lot of money on this property,
but the other various permits would do with some I'm just
looking for an extension of another 30 to 60 days to get
him painting get the permit applied for.
>> Okay does the county have any objection to an extension
being provided.
No ma'am he's constantly worked for the U.S. and stating touch.
Okay,
do you think are you asking for 60 or 30, I would like to go to
April just because I don't how long it will take for the
permit approval process to go.
So April 10th is there a concern on the part of the
county.
With April 10th.
No providing we can stay in constant communication if
things or kickback for some reason that he will be aware
because I pretty much babysit these cases.
She started talking about problems
all right then I will go ahead and amend my 3rd amended order
dated December
22nd, its 2023.
And order that the property be brought into compliance by
April 10th at 08:00AM and everything else in the order
will remain the same. Thank you.
Now we do have a level of mccurdy Mister mccarty's 2341 C
E S M Scott and Evelyn mccurdy.
Mister mccarty the raise your right hand please do solemnly
swear or affirm the testimony you are about to give to be the
truth, the whole truth and nothing but the truth so help
me God. Okay for the record, this is a hearing for cost
only.
They is Vicki Hathaway building inspector for Seminole County
building.
>> This is in regards to case number 2341 C E S M Scott
everyone mccurry at 1110 Lake Mills road to chuluota
the violation charges Seminole County code chapter, 40
appendix a section one oh 5.1 construction without the
required permits. This case was originally heard by the special
magistrate on April 13th of 2023 in an order was issued
giving the respondent a compliance date of June 8th of
2023.
And affidavit of noncompliance was filed by the inspector
after inspection on June 21st of 2023.
And affidavit of compliance was filed by the inspector after
reinspection on January 24th of 2024, and estimated
administrative cost to process this case case dates to total
5.90 to 19 for both the inspector and the clerk the
recommendation is that the special magistrate issued an
order reducing the fines to the administrative cost of $592.19
and or these cost to be paid within 30 days or the fine will
revert to the original now have $11,500 and constitute a lien
on the property, this concludes my presentation.
Mister mccarty.
>> I don't have anything to say other than we're in the process
the elector the gas inspection took place today.
The electrical inspection I believe is taking place today
or tomorrow.
>> Hopefully this will be over was next week. Yeah, OK all
departments are in play case. The permits are in place,
but it it too.
>> $11,500 worth of daily fines accruing for that the comments
to be put in place so
is that were there
issues with.
>> Well, I mean it's that the issue was is the electrician
telling me he had a permit and place and he didn't
and to be honest with you I didn't even think about the
gas. It to the inspector came out last week and said where's
your gas permit number.
So have gotten that and then it's been inspected its past so
anyway. I mean I have no excuse it's it happened and so.
>> Okay so the county is is actually asking to reduce the
find that accrued the $11,500 are asking to reduce it just to
their costs $592.19.
Can you have that paid within 30 days or do you need longer
know I can pay okay, then I will go ahead and and reduce
the fine. Our men the order that was prior interred and
reduce the fine to $592.19 which represents the cost.
We heard that the county incurred in this matter
and this is to be paid within 30 days and if not pay the fine
work of art that to the $11,500 and it can be recorded each
against the property to constitute a lane. How do I get
that money to the county. So when you receive the order
they will be directions on where you pay that to Emanuel
but I believe it's right here you once they get the order
than they can except your money that they can accept your money
to look at the order. So I couldn't pay it right now.
Well if you all can do that from me
can you get to a credit card and don't have that much cash
only
has to be shipped.
Check or cash. Okay, so we'll get the order to you and then
he would come back down here to be able to pay it.
So I have to come here to pay it. No you can mail mail if
you're good pay by check you can mail to recommend Jamal
cash but no I was okay all right, thank you thank you.
A 2359 see esm all-stars assisted living incorporated.
And go ahead and have the raise your right hand do solemnly
swear from the testimony you're about to give to be the truth,
the whole truth and nothing but the truth. Yes, okay.
>> For the record name is Vickie Hathaway building
inspector for Seminole County building division. This is a
regards to case number 2359 see esm all-stars assisted living
Inc
we'll sign Gareth mirallas at 1131 Westlake Brantley road
outman Springs violation installation and renovation of
a 2 story structure Seminole County code chapter, 40
appendix a section one oh 5.1 construction without the
required permits.
And September 14th of 2023 the special magistrate issued an
order given the respondent a compliance date of December
15th, the 2023 and scheduling and compliance hearing for
January 11th of 2024. And affidavit of noncompliance was
filed by the inspector after inspection on December 15th of
2023.
On January 11th of 2020 for the special magistrate issued an
amended order extending the compliance date to 2/7/2024 and
scheduling the compliance hearing. For February 8th of
2024 and the estimated mayor Goodman, a straight-up cost to
process this case so far to date has been $855.28 for both
the inspector and the clerk
recommendation the special magistrate board issued an
order constituting in the lean in the amount of $50 for one
day of noncompliance
from February 7th of 2024 through and including February
8th of 2020 $4050 per day and the fine show approved there
continue shower to accrue
$50 per day for each day, the violation continues or repeated
after February 8th of 2024.
And for the record I just wanted to let you know as well
expect to the property owner. I reached out to the contractor
who is here last month for the hearing who said he could do it
within 30 days.
I check on his permit that he had submitted last week
by Thursday and Friday I contacted the on Thursday and
told him that he promised the magistrate that he would bring
her into compliance
when I look at the application I told him we've already got
issues getting through the gate and he was down with covid at
the time so I told him contact me the beginning of this week.
So we can go over what needs to be corrected with coming
through the paperwork to for the gate keeper and I have not
heard from them since it.
I spoke with him just a day.
>> And he mentioned in that will bring that he presented
plus including everything that was there before because when I
bought these facility.
A year ago.
Everything was there the only thing that I do the western
Plains.
I didn't know, but this was a a
apparently that was not complying that was and with
that the meat
so I try our problem we should have to sell because now is my
problem.
But she mentioned something that on the streets. I'm
understanding correctly about that in doing something like
that.
So.
>> I have
originally that picture was taken by the county. About
what does that was a kitchen plays that was budget in place.
So he submitted the paperwork to get those pictures 6 excuse
me real quick when I look at the application we have a
storage area. Okay, which I don't think either one of my
understanding and I had to explain to him. She bought
something that was unpermitted and now it's hers. You promise
to bring it into compliance, he's applying for repairs.
This is not a repair. We went from the bottom of the frame
job in a storage unit for storage only
to where apparently the previous owners had 60 inside
to be
and assessor going.
So I tried to explain that to the owner here and also to the
contractor online and he's like well, there's nothing else to
pick. I said one hears the name of 3 people and permitting
contact them ask them how to enter this and because he's
submitting it as a repair only. This is a complete bill doubt
that she acquired when she purchased the place.
So is.
It was it was fully built out West. Every on the idea was to
replace the carpet on carpet for new carpet okay. It is an
accessory dwelling allow last inspection we had it was a
storage unit. It sailed the frame.
Next thing I know we get a notification from the sheriff's
office, the code enforcement that there's somebody making
repairs to this accessory dwelling that apparently a
neighbor had called in so they reported to us because this
building. So too her in her mind, she's making repairs.
She bought it this way it wasn't that way when we last
inspected it. Okay, but is it allowed 2 is accessory dwelling
allowed all she can have that they're from my understanding
however, I don't think we're going to get through
the paperwork trying to get into the building as to what we
have because he's not he's not understanding that this is an
acquired issue that she had inherited.
>> Okay, so what they're telling you what the county is
trying to explain is you have to get full permits for this as
if this did not exist. This is not just to repair. So you
can't you're not getting permits for just the work that
you did you have to get permits for all the work. The whole
building yes.
>> So what he do with a look pretty doesn't represent what
is in place, you know it there's no blueprint that he
submitted that I have I have paperwork that shows really an
incomplete application and that's what I tried to explain
to him
and it kept saying well, she's only making repairs and I said
you're not listening to me. This was a shed it was approved
as a shed.
It wasn't built out we failed the frame which means there was
no didn't hear anything but a frame and a shell
now it's a complete apartment that she's bought she probably
bought it for that reason because it is a nursing home in
the main structure
thinking she could live on site.
>> So yeah it but you just have to go through the entire permit
process how long is it going to take or its.
>> I don't know how long that's going to take if we can get the
paperwork submitted properly with the correct drawings as to
what we have
we turn out from its pretty quick but I can't gamble on
another person's contractor, and what I call him and telling
this he doesn't he's not it's not registering with him.
>> And possibly consider getting into a different
contractor that understands that you have to get a full
prominent like from from
start to finish so if she were to get someone new to come in.
2,
I'm so out the proper application submit the proper
documentation that would probably take 60 days and then.
I think that if we can.
>> I mean even working with this contractor, I mean I
understand he had covid he probably didn't want to deal
with anything at the time I told him please contact me the
beginning of the week, the need to tell you how to get your
paperwork through because I had people look at it already and
it's stopping at every stop point. And I'm like this.
This is not going to fly, we're not going to be done in 30
days.
I don't like to hang my hat on anybody getting anything done
in 30 days because I don't have control over it right.
>> So in this particular situation. In light of the fact
that it looks like even what's been submitted to you is not
getting the proper needs to be redone
what about June 12th.
I would say that would probably be a a good shot at that okay.
>> I don't think Mister Morales has that understanding of what
she needs to get done which is why told the contractor and
reach out to him directly and I have his car here and
documented that we did talk OK. I will probably contact him
again even though it's not my job to do that.
But I'd like to see her get compliant be able to have her
building.
>> Okay are you understanding, okay, so the so what
that the county is is actually going to forego the costs at
this point they're not going to see costs anymore. They will
give you until June 12 to come into compliance, okay, but
you've got to stay in constant contact with with mishap way.
A man on track and we are on track to having your
contractor, if you can explain to him that this is not just a
repair job you have to act as if you constructed this entire
building.
>> Okay, okay has be easy to find somebody who do a job like
this especially taking on someone else's work I
understand so I would like to work with him here has is
possible
because the issue I took control of the 6 months to find
him as somebody who say yes, OK, yes, so I would I would
like to continue I.
>> Heavy saying that I feel like he is honest what he wants
to do OK, but I do not and saying in are 2 different
things and she's the one he's going to ultimately right I
just want to make sure that you're comfortable with him,
I'm not telling you that you have to change contractors,
I'm just saying if for some reason he's not following
through and he's not doing what he needs to do and what based
on what your understanding is here today and you might get to
a point where you want to change contractors, but
absolutely if you're comfortable with him stay with
him but just try to make sure that he understands what has to
be done and that he remains in constant communication with
missus halfway.
>> So I will need this specific that they work so I can present
it to him the that's the way you suppose the priest going in
the Army.
>> I will be and I are probably be in touch with at the
beginning of this week. Coming up. I do need to enter in the
car.
>> So for evidence because you're a little bit different
than what we have on our actual agenda.
Here on that for the power point but we're going to end a
kd orders. So you don't need to submit a matter of time and I
much rather probably communicate with her contractor
and then she can I catch you up with that at that point in time
okay great. So I'm going to go ahead and amend my cry, the
order my prior amended order dated 1/16/2024.
And I'm going to extend the compliance date to June 12:10AM
with all other
parts of the world are remaining.
Thank you. Thank you.
Thank you.
Case number 2368 C E S am Inova properties LLC
Jason Shaka
the term.
We can just play.
>> You ready for me to start yes for the record the name is
Vickie Hathaway Seminole County building inspector for Seminole
County building this is in regards to
alene hearing. For case number 2368. CSM you know properties
LLC Jason shower.
At 1230 with what mayor drive out to month Springs.
Notice of violation posted was installation of offense 2 a C
units in close garage and carport and multiple sensory
structures and back
we are consisting of a box truck which was turned into a
living quarters.
Wood shed with tarps over it and miscellaneous type assessor
drawings in the back of the property. The women carport
with tarps over it.
His case was originally heard by the special magistrate on
December, the 14th of 2023.
And order was issued giving the respondent the compliance date
of February 7th of 2024.
The complaints hearing scheduled for February 8th of
2024, an estimated administrative costs to process
this case today right now for $752.27 for both the inspector
and the clerk
recommendation that the special magistrate board issue an order
constituting a lean and the amount of to 50 per day for one
day of noncompliance from February 7th of 2024 through
and including February 8th of 2024 had to 50 per day in the
fine show continue to accrue to 50 per day for each day,
the violation continues to urge repeated after February 8th of
2024.
>> This concludes my case okay in any attempt whatsoever to
get permits.
That was back in November.
Now I think in November.
Let me go ahead and have you swear you in
do you solemnly swear or affirm the testimony you are about to
be have to be the truth, the whole truth and nothing but the
truth and you say your name please visit shot that okay he
tell me your affiliation with the case.
I own and other properties, okay.
>> So about the property and had all these issues initially,
the first issues of how to deal with was the squatters that are
living there.
I just kind of have to deal with them for months. Even
recently I think I have a break in. I'm just.
I know there was a drive-by. The one time they asked me hey
those so and so is to live here on like no he left already so
like
that property on I don't know what went down front like that
obviously still associated with like other people, yes.
People just kind of in the property has been.
Yeah, my issue was just like the lead before me she have
issues getting reliable contractor.
I know that
had a contractor and he applied he was a he began applying for
permits back in I believe November sometime in November.
He never submitted any kind of up for anything. So
I I know that went nowhere.
Today all I have another
have someone who try to contact the key.
I figured to be busy today. But I know she tried contacting
you she actually seems straightforward. I think she
might actually
get the job done I know that you guys want permits.
Like I said I think she's the one who will actually get to
get those permits. She just asked me to
she's going. She's going to apply for this committee
earlier today for my sometime this week and next week.
So we could be big it has begins to put this behind me
because I try I got another contract last month.
He told me he's going to find everything and they just never
talk to me and I'm like I said back in November.
C
he started the application
said nothing disappeared.
>> So the problem that I have is that you're the property
owner and you made absolutely no attempt yourself to contact
mishap away and communicate any of this to her but for today.
>> I I know I've talked to Ruth edition of Vicky was ACC and
e-mails because there was the structures in the back those
haven't taken care of.
The like removed is that yes, the aluminum carport. I know
she said the box truck was a living quarters. It was a
living quarters, but it was there. That was removed there
was a red truck back there that was removed the wooden
structure in the back completing the remove the
aluminum carport. That was taken down.
And about the air conditioner units those are taken down,
but
I just had a patch them up before people start trying to
break in.
>> If if I can go ahead and speak I spoke to Mister challah
talk the talk.
The beginning when he purchases property
was not willing to move forward with his building permits
because he was working on code violations from the sheriff's
Department
told me he had squatters on the property and he didn't have
access to anything.
Whatever was removed out of the backyard. We've never been
notified to come back there and lock and since then you can see
where the House has been modified from one 29 of 24
construction still going on looks like they're trying to
make it into multiple drawings
and the main structure so their windows now where they want
Windows before and a new door where there wasn't a door Ken.
>> Can I speak to is that it's a case that's gone that's the
fence know speak to the doors and the windows to me okay
so.
>> Kind of hard to tell in that picture with
with the windows.
But literally they just kind of
I wouldn't some.
>> Would there doesn't matter. It doesn't matter right right
you all year you're doing construction without a permit.
So it doesn't matter whether that was taken that was more
like demolition Lake. It was.
>> But truly like a cache of the House it was but that was
kind of explain it wasn't really a test of the House
still kind of was on the on the on the corner.
But that's about it that's a complete modification
of the snow that was originally there that's all original,
but they're not all that Brown
that door it's all original.
>> It was the enclosure that was the violation now he is
closure is morphine as time goes on.
Like I said the enclosures been removed.
The enclosure was a carport.
>> Originally so that's what was so that's what I was told
from you guys but as far as I see it it's it's all been
closed for I think the 80's
because it had like the really hold.
All that stuff is old
way from the 80's.
Well, the picture is obviously I know that's what I'm saying I
don't like you can't really see it felt like this is where the
this is the window effect.
The little saw fit area.
They literally just
put up some plywood here.
And like just close it off
I guess for privacy concerns, I don't I don't know
serum moved that I remove that.
>> He's a demolition permit required for something like
this. Yes, tough I didn't know that I just want to remove
second that actually have access to that door but I think
when you're under violation to to continue to work on a on a
structure is a huge problem, the
that it
I I'm certain you sat through most of the hearings today and
heard me say over and over again how communication was
important and ignoring them and just
continue to work on the structure is is not what gets
help from from me.
So I'm having a hard time.
Considering giving you more time because I feel like you're
just going to ignore it anyway, and I'm going to be right back
here. I'm not trying to ignore anything.
>> I have my own life issues. My mother just got diagnosed
cancer. Last month.
So she really just got surgery like we week and a half ago.
I'm dealing with that now she's got to go through radiation.
I'm on top of that my little brother were kind of work with
him on his seizures.
So I I don't sell them student full-time student wrist trying
to get by I don't it's hard for me to get the money for the
permit. But like you know to take something down like okay,
I can I can do that you know
so I am trying to do the best I can with the limited the
limited amount of resources.
Are you living on the property, not this property now I'm
living with my parents right now
Maya
I talked to a just a contract to sheet home and that she's
going. She's she's been full contact with me Island on
contact with her like 2 days ago.
But she what's your name. Her name is Ivey.
Well, that's like a nickname heard actually was kinda
difficult to pronounce. That's like.
I believe these of
MR. Can you spell that for me please I V e
well I s s e
what's your first name okay
her last name is the I l l
AM a r.
Okay and she's a general caught a license contract. Yes,
she's a licensed contractor and the other 2 as a contractor
that told me that they're going to help me that
disappeared on me okay, I I don't know
what to save further from that with with those contractors,
I thought they were there to help me but apparently not.
So,
she wants she wants a 180 days is what she called me to tell
it tell you because there's such short notice.
She told me she was a 180 days to bring everything into
compliance to get the permits and then case that she needs to
talk to an architect
architect or engineer. She wants to have that time to be
able to 2 get everything from plans so she wants she wants a
180 that's what she told me okay, so that's not reasonable.
She told the honey 80 days like it was just like a summer
permit to poll that's fine that she can show me what to do
that. Soon.
She like I said she should apply for the permits can now.
But she wants a 180 days to to get the job done. OK but when
we're not asking you to get the job done I'm asking you to get
palm and it's just the permit a portion of the show sort of
crying, I don't know how long.
>> It takes to actually get the permit. I don't know do I need
to post a stop work order until the permits are issued because
somebody is constantly working on that.
>> Not cost a guy I want to paint it. But I haven't gotten
that kind of pain
because as prime right there.
>> I won their pain, you know, I know it's paint that what I'm
saying is we went from
the previous structure here to now the windows and another
door.
>> I know I I know that but like I said, I know it sounds
really weird. Maybe just I don't know why the gist.
These kind of board that little section of pan.
But on the work needs to stop until permits are issued yeah
oh my that's what I'm trying to do they not I understand
she can have the time that she needs because she's a she's
completely brand new in this whole situation this whole case
as she can get the time that she needs to apply for the
permits and
that's all I'm asking for right now.
>> Okay so what I'm going to do is I want to give you 60 days
on the permits to just open the permits to to get up to a
permanent okay and
I can do that if it well,
I'm hoping you can I help I can if you if you are unable to and
you have to come back here for some reason I do not want to
hear that there was any work being done any work of any
kind. I don't want to hear that you haven't communicated was
with miss Hathaway throughout this process or that you're
contractor has not if your contractor, this contractor
decides after you call her after this hearing that she can
do this than you need to go find another push so we will
come back. On April 10th.
And hopefully have permits if you do for some reason then
we'll of course make sure that
any of these other things have not been occurring because I
will not be as generous. If if you have to come back.
The 3rd time their shark.
Asked for his information for the record and that Mister cha
CA get my card and stay in touch with me absolutely so
keep provider address and and then last that privately you
provide your telephone number to missus miss it was verified
that the structures have been removed from the back. Okay,
so I think I can't do that the structures, I've sent a picture
I I don't I don't take pictures was see it OK, we'll let you
schedule a time she's in a given her card to schedule a
time take on to the property ladder verify herself and
that's how we verify compliance understood.
She was kind of ugly could I at least pain to some at some
point they don't care if you pay at the painting doesn't
require the demolition and can be action halfs to stop my
yeah. So yeah, I mean if you paint it, but then you don't
get a permit to do what it is that you've done know that just
so just keep that in mind it's that time okay.
OK, then I'm going to amend my prior order.
You can ask the question sure
is this chart been turned into a multi drawing.
>> I hope so in the future it was already at some point the
market isn't being built to be built as a multi-family
dwelling though it was already like a multi dwelling but it's
what family and I like that has to power meters election
meters.
At some point. It was a multi-family unit and.
>> All that and ended on this zoning it is with this zoning.
>> Yeah I spoke, and asked about that because that's what
I wanted to do in the in the near future.
Tries but I just don't I don't have the fire and also it
appears to be it, turn being turned into a multi-family
dwelling.
>> Is it allowed to be turned into a multi-family dwelling
under that zoning category.
>> Good afternoon making some risky project coordinator,
zoning.
It appears that are too is a one in 2 family dwelling
district it would be reviewed on its merits. If there is to
meters there. Any alterations to the interior would need a
permit and would need to be reviewed for zoning compliance,
okay.
>> So just make sure that you remain in contact, it does
appear that you can have that that is zoned properly for
multifamily so just make sure that you remain in contact with
the county and the each step of the way you're doing with the
county need you to do
to be able to develop in that manner okay, okay, with the
case from going to amend my order I believe you've got the
contact information that you need yeah, I'm going to amend
my prior order
jaded
12/18/2023 to reflect a compliance date of April 10th
at 08:00AM
and everything else in the prior or order will remain in
effect.
All right. Thank you thank you, thank you.
2366 e E S am Efrain Lima Kelly and race.
>> Good afternoon you're a good afternoon for the record
McGregor love it to 15 North Eola drive from allows law
firm.
>> Good afternoon. Summit County Sheriff's office can
force meant things many a copy of this partly to the clerk as
exhibit, one.
>> OK wait a second do we have any objections to where do you
go through the power point 1st and then let's see if we want
to submit it into evidence out to you do not were you a sworn
in. Yes, ma'am okay, and do you have what we you be providing
any testimony by and yes, and yes, or okay can I have that
you don't need to swear in, but
it will be providing
do solemnly swear or affirm it
when you do solemnly swear or affirm the testimony you are
about to give to be the truth, the whole truth and nothing but
the truth. Yes, okay.
>> This is case 2360 60 S and if Ramy meant County NJ is
located at 3125 Larry drive in Oviedo.
The violation charges Seminole County land development code
chapter, 30.7 section, 30.1 to 2 storage in a vacant parcels
not permitted use for use or by special exception in the one's
own.
At the November 16th 20 23 hearing in order was issued by
the special magistrate continues case to July and
skews me 1/11/2024 hearing on 1/11/2020 for the special
magistrate issued an order extending the complacency to
2/7/2020, for the complaints hearing scheduled for today.
That's needed ministry and costly process is case to date
total $618 and $0.60 for both myself and the clerk.
Throughout the nation is a special magistrate issue an
order comes to rooting them out of a $150 for the one-day of
noncompliance firms 2/7/2020, for 2 including 2/8/2024,
at a $150 per day and the fines will continue to accrue to $150
per day for each day, the violation continues or is
repeated after 2/8/2024.
So that was to have the property by 08:00AM on February
7th, myself inspector Vicky Vicky Hadley with the summit
County building department responded out yesterday.
>> Before approaching the property. We inspector Hathaway
called a miss Andre, some left a voicemail at schools made she
college student and certain voice mail was full, so she
could leave a message. So we continue to the gate to see
what we can see from the gate because the property was not a
fan and also conduct an inspection. At the apartment
complex a neighboring next storm.
Then about 1114 yesterday morning I called and left a
voice in on this and races cell phone and then I called a
Mister mean that left him a voicemail. Mister obama did
call me back shortly after and I informed him for the reason
for my call was to do the re inspection. And I was able to
get a hold of anybody in the morning. So I said can we do an
inspection the afternoon. Mister Leno was very excited to
see that he had received to see and that they had moved into on
to the property.
So he had come to my office as well as he came out yesterday
as well to what he said was a copy of the co
and so I told him that I would submit this into evidence
today.
I so I was in a building inspector, so I can testify
this was a co
as Andrea said she asked if this could be considered as a
good faith effort to come into compliance and this one not
because I'm not a building inspector could so I can
testify to that this is a co but if the Buildings Department
states that this is a CEO and it's a permit and they are
allowed to live there then recess restructure violation
would go away.
>> Okay do we have I'm sorry from the building department
that can provide
testimony related to whether there is a co on this property
for someone to live on it.
We do want is to see this as well yes place
do you have a copy of what they're providing me. Yes and
we have no objection that to that entered the okay and do
you have any objection to our electronic case file being
entered into evidence we're not okay.
All except the electronic case file into evidence and
we see this document before.
Mister pack heavy semi's
and
would you like to
I have.
>> Yes so those yesterday when they were counter this pot pie
filling fishel Seminole County okay and can you tell our these
building by these ceos for them to live in a structure, no
they're not and this is something that the property
owner and
got from an engineer stating and they were at the county
yesterday stating that
getting a co based on this.
The port here that they had a private provider.
To our records we have no record of being a submitted any
thing for a private provider for this property.
A is for the metal building and I did renew the permit last
year.
But we've had no inspections.
And they're still outstanding inspections. I told him that we
in order for a private provider to do this kind of stuff we
would have record of it which we did not
the claim otherwise, but we don't have any records of it.
He was saying something about 30 days and I said well.
You've submitted her revision
for the work inside the building and we did do plan on
being comments on and send it back to them. And there were no
responses back so that's kind of why the permit expired
for lack of a activity.
He took this up on his own self and we have there is a process
provided by private provider in the state of Florida and none
of that has been met and we've never been notified of any of
that so I said there's nothing I can really do for you on that
okay.
>> Does the county have anything else at this time that
I would like to.
So Ben
that concludes my presentation OK thank you.
>> So again McGregor love thank you for having me here today
and my clients, I your honor I watched the last hearing so
you'll be delighted to know I'm not going to subject you to an
evidentiary hearing today. I am I've just been brought in
by the property owners this week. And that
that wasn't because of any sort of last-minute planning on
their part they just believed that they had kind of done what
they needed to do to in order to get a co they really didn't
believe that. And if you'll permit me kind of walk you
through,
are you left it on the 11th the last month where we are today.
As far as I'm I was aware from listening to the recording of
the meeting there seem to be sort of 2 paths for compliance
and one is the
permitting of the principal structure that that means the
zoning standards and the other is removal of all of the stored
items.
They proceeded down the the the former past and they did so
using of a designer on expedited fee that that put
together you know the the package that went out to the
county on the 29th a certificate of completion.
They they talked to this. A designer yesterday about the
that 3rd party provider feedback. They received from
the building department
and that he provided a letter that explains a conversation he
had with
with the previous building official that that apparently
did not go over this private Ryder time process, I'm not
going to ask you or anyone else here to to litigate that issue
or 2 to make it a ruling on it, I'm simply trying to frame it
to help you understand kind of what the open questions are
what my job will be to get my arms around as I can work them
through this process and towards compliance. So we need
to figure out what they need to do in order to actually
properly get a certificate of occupancy, whether it's this
process that seems to be a a newer form for something you
have to have some other additional paperwork we need to
fill out to make it. All in compliance and fully permitted.
>> Okay, so I don't know what the documents are the 2 haven't
I I don't
I personally would not recommend that you follow
something that someone else gave you a thing.
The building official is telling.
This is the way that it goes and this is how Seminole County
does this I think it also is in the Florida statutes with
respect to use a private providers for inspections.
So I think the building codes pretty clear about how it's
done but then each jurisdiction can adopt procedures. Well,
you know prop up process for how they go about implementing
that statute.
So I think if you would need to follow Seminole County's
requirements and it's it's my understanding that your client
is an engineer himself is that correct.
Neither one of us are engineers, OK and what it what
is your client do for a living.
I want her logical contractor. Okay, so he is a contractor
because the other thing I think you need to understand is each
time that they've been the form. They have acted as though
they have no knowledge of how codes work.
I find it interesting that he's here as an electrical
contractor in doesn't understand how the building
code works it and I know less it and love that.
>> I listen to that whole hearing for the last time and I
understand there was some back and forth. I'm the reason that
they have me here today is to try to
sort all this out for them and to be here to guide them
through the process, okay so my advice would be that they
follow a Seminole County is telling you and I'm not I'm not
arguing that they that they want that the intention is not
to do that and that I guess the ask at this point is we don't
want to go around any requirement that that needs to
be fulfilled.
We would ask time in order to before fines begin to accrue
where we can go through the cracks process and get this to
get this accomplished so.
>> I am inclined to do that under one condition
that they allow the county on the property.
They have at every step of this process.
For multiple times.
They have said now, I mean they they evaded the address
question may be evaded
someone accessing the property to make sure that they're in
compliance and one of the main things if you watch the tape,
you know that I said is compliance is achieved by the
officer stepping foot on that property. And scene what's been
done.
So at this point
all agree to amend the order and give them time.
The agreement is reciprocated that the county will be
permitted to go on the property to verify compliance.
>> And that in mind if we speak about this because we haven't
one 15 actually a moment.
We've asked for.
I apologize for the delay or no that's just for clarification
so they
they're just in a position where they've gone down,
this 3rd party provider route so if they were going down the
ladder out that I spoke about which is removing all of the
items on their property, I would agree that they would
have to have a on-site inspection but the the first
round is more of a technical compliance route. And so if
they if they obtain that co and they go through the formal the
actual proper.
>> Process under the county's code would there need to be an
inspection of the property in that instance, no they wouldn't
but then I will not I will start the fines today. And that
is because I made it perfectly clear at the last hearing that
they needed to keep in contact or they need to come into
compliance. They did not do that.
The county had to contact them. They made multiple attempts to
meet on the property to come in to come but to make sure that
they were in compliance and instead of contacting them.
They show up with a piece of paper that was inappropriate
and the individual who did it should know that it was an
appropriate either and this is nothing against you and I feel
horrible that you are put in the middle of this situation,
I know you're you're from you come from a very professional
from. And so I know that you are here doing with nothing but
what you believe is in the best interests of your client.
But unfortunately, your client has shown me personally as the
magistrate nothing but that they are not willing to follow
the rules and Seminole County.
And so for that reason they they have a choice I will
extend for the amount of time that you are requesting where
the guard lists of whether they're going to use an outside
inspector as long as they allow the county on the property to
to ensure that compliance is there
and that compliance means that
we get to see what structure it is that they're saying is
they're dwelling and we get to see what's going on on that
property. I I think if you listen to the last hearing you
also know that they were digging a well without a permit
on that property. So there are multiple things going on that
have continued to cause me to be concerned with their ability
to comply with with the law.
And so it's one or the other we will start to find today for
will give them the time that they are requesting even if the
time that they're requesting is more than I would typically
give I'll give it but they have to allow the county to to go on
the property to verify the compliance if you could just
for me maybe it's or second search we talked it over with
time.
From an amount of strain.
>> Sorry just when there is a moment million from the county
to has something to say as well OK.
Lets send things to say.
>> When she gave another.
Okay.
>> Thank you I appreciate your patience. There is another
separate I believe the building code violation that spending
for interior work that's been extended to a date certain July
we're trying to find that day currently but it may make sense
if the county is fortunate to have both of them have the same
compliance stay with that condition attached.
>> Okay, so let me hear from the
the zoning official
minds of all I'm not.
>> There was actually a scrivener's error an affidavit
that was submitted at the last hearing, OK dad a year of 2023
when it was actually 2024. So I'm just getting a
corrective
affidavit.
>> For the file for the Isles we're permitted to do that
without that's fine. I just wanted to have a.
So do we do you have what that July hearing date is for the
zoning hearing the compliance.
For the July hearing. So then it would have been July 10th.
Yes July July 11th visit here in July 10 would have been.
So is the in the county have an objection to making these 2
synonymous. Since it appears that they are trying to achieve
receipt of
building permits to be able to
live on the property.
All of the order dates are synonymous being July 10th.
And they're going to allow the county on the property to
verify all of the compliance that's not an objection on
their part.
Can someone remind me once he's missing a game console remind
me what the hearing that we continue to July 10th what that
violation was
internal construction, it's it's building.
We should send permitting construction.
And is there a half a mile when he comes back I want to talk to
the building if I need to I have questions about the
zoning. So I apologize, I know know that I was just to be a
test to find out you're fine.
Okay, we we agree with that. Okay, yes, so let me make sure
that we have can I ask you a couple questions about zoning
sorry.
So that and the is the zoning proper for this piece of
property to I have to wear a ring on it people living on
this property. Yes, ma'am okay, it's properly permitted.
Okay, okay,
then I have no concerns with continuing this case too.
July 10th.
With the cabbie I that
the county will be permitted to go on the property
on or before July 10th to verify compliance. So if you
contact the county prior to July 10th to verify compliance
to come out there they can certainly do that on or before
July 10th.
If
they do not allow the county on the property.
The $150 a day fine will revert back to today's compliant
state.
Okay understood.
Thank you and thank you.
Would you want it to last do you still could make the
building official is is.
We want to speak for clarity okay.
>> City attorney thought that they had up over rider they've
missed the boat on that per statute
and has to be at the time of her money for 2 days prior to
the first inspection so that they miss both of those boats.
So they don't have that opportunity now so
but they need to do is get the revision approved that shows
that they have living inside this barn.
Order and get it approved. We did do really want to send
in comments and have not heard anything back on that and so
in order for that to proceed they will have to
get that approved through the permitting process
we're understanding use are already living out there in the
park for Homestead.
>> Applied for homestead on a property without a structure
that's been permitted does the property appraiser approve the
homestead exemption without a permit in place.
>> Afternoon, your honor means and risky. I called the
property appraiser this morning with the intent of finding out
whether or not they had an agricultural exemption
application in because that's been something that they've
started a multiple times
which they do not have an application on file for this
parcel
as I was looking at the property, I noticed on the
property patients report that said approved for 2025
homestead. Exemption
so I made a call to the property appraiser's office
and they said that it had been in fact approved for Homestead,
they do wait for Seminole County to release a list of
some sort of missing from the building division where we have
issued a CEO for occupancy. So they do not obtain see how
they would not get home said that they have approved or they
have submitted.
And one of the questions on the application for Homestead is
and occupancy date that they do have to complete.
And do we know if that did you see the application I was told
that that was an application that was not a public record by
the property appraiser's office so I do not have a copy of the
application. Okay.
>> Can your one of your clients tell me the date that they
stated that they were occupying that the property.
>> That seems that they don't recall actually putting a date
on the application but but we can provide that information.
They're going to go back and review what the document that
they submitted I I certainly believe that that's a question
on the application and I think that's being made up but they
don't recall what date they specifically but they were
under the belief that as a general matter and I certainly
believe the building official and don't want to appear as if
I don't know statute. But they were under the impression that
this had a co because that's what they're designed
professional had told them obviously
I need to help them sort that out and figure out you know
what is actually submitted what what is properly submitted so
that's my job, but they were under the belief that this was
settled on the reason I was engaged, so Ray is because they
thought that this was going to be in compliance of time here.
>> Well, I have a hard time believing. That's ensure our
client is a electrical contractor, but nonetheless not
not what you're telling them the hard time believing that he
didn't know that
I do definitely believe that that's what you're being told.
And I would just caution as I know you know very well the
Homestead application. It has a penalty of perjury. On the
bottom of it and the U bring you fill out the Homestead
application that is a very serious
factual document that you submit to the county. So I just
want to put that on the record as well.
So we will go ahead will give you til. July 10th.
It seems to me now that this private inspection is is not
available. If it is for some reason because there's some
misinformation that the county has and they can go through
that process. I would just suggest that they work with the
county to make sure whether it's the county inspecting or a
private provider inspecting that everything gets provided
and finalized by July 10th and that
the
county is allowed on the property to verify compliance.
So that we do not find ourselves back here with a very
have to find a niche said and I think in any case that will be
enough time to sort through think okay great. Thank you.
>> Sees me. Madam magistrate just for clarification so if
they do receive their payments find the joy I hearing will be
able to keep everything they have on their property if they
do not that everything needs to be removed because the building
department case in my case we're separate entities County
Sheriff's office so this was a separate violation from the
building department and I was able to be because you had
stated in your order that favors be removed, they're
still they're only thing that I was able to see from the its
public right away was that Sir Paul was taken down, it's just
laying on the ground now they're still it Harvey there
so the trailer. There is an antique car all those items
stormy.
>> Okay, so there was a violation of my order. Yes,
ma'am because those things had to be at this man.
And if I can interject week
potentially propose in this mine the other side where I
would have to subject you to.
>> But an earlier date by which certain items you know could be
removed because in recognition of the fact that you know it
may take some time to kind of navigate the permitting process
and if we're not able to do that within the next, you know
30 or 60 days perhaps we would have to remove certain items,
wow it's pending him prior to those items becoming permitted
access or ancillary storage.
>> So the unfortunate part of that is that was something that
I'm a very clear in my last order that the things that were
not a fixed needed to be removed.
Spell that out
the accessory structures which are not a fix to the property
including but not limited to the RV the boat havers the
above ground pool and other materials that were not a fix
because no one had been able to get on the property to verify
what exactly was not fixed. They would be removed by.
>> The 7th and I did ask my client. Before we we met them
trying to find a list she came in to that. What was you know,
I would really ask them for all of their homework in between
the last hearing in this hearing and they provided me
with the West.
So the list is a on a trailer. Equipment including impacts and
equipment trailer, us or cars were removed. They are still
waiting on the owner of the Army to come and pick up and
removed the RV
and anything else it's being sort of utilizes been utilized
for the purpose of I'm the kind of ongoing permitting issues or
construction issues that and but if we want it there are
certain items that are there that are you know need to be
removed. We could certainly I would certainly entertain a
very short sort of removal window, that wouldn't would not
take those out to July.
>> Okay, so actually the testimony from. Mister,
a thief, we met at the last hearing was that he was going
to put the bow on his vehicle and 2 what out of there that
day.
The day of the hearing, my mind are saying is that it's
actually locks and it's C.
>> I can I can I can let him testify to if you would like to
hear from him, but it said it owned by someone else and they
sort of have a license to keep that there. It was taking off
the property prior to today. But he tried to take it off and
was advised that that would be illegal.
>> His his whatever license he may have his illegal we just
had a lot to a store to store our equipment on a piece of
property that doesn't have a permanent. On this is so yeah,
he's is license isn't very valid.
>> But I just want to underscore that do appreciate
you know the interest in having whatever
that is not effects were moved, wow, you know we're going to
the permitting process, especially given that you and
understanding with the amount of time given us.
>> Officer Hill are you working.
Next week just in the U K.
I'm going to.
The specific items that it's I said needed to be removed the
items which are not a fix to the property.
Again I'm going to list what I know of but anything that's not
a fix to the property needs to be removed and without
having the ability to inspect this is caused the problem.
So.
I will give them until February 13th
they need to have someone available to meet officer Hill
on the property on February 13th.
I'm not going to give you a time all have her coordinate
that time with your client
to verify that the RV about the pavers the above ground pool
and any other material that's not a fixed and I understand
that they may have construction materials, but the problem is
they don't have a permit so they can't have construction
materials on the property without a permit for my
understanding is there is an active permit and I could I was
expired head for inactivity.
>> And I know that was renewed and September of last year my
understanding that was currently active.
>> Okay, let me verify that from the building official.
>> Yeah, as I stated earlier we did renew the permit okay.
That is for the barn itself.
Okay the interior work needs to get through the revision
process
and that is where we're at with. It's still on their side
to respond back to playing with your comments
and so nothing's been approved for any kind of living
abilities inside this barn at this point.
>> Okay, but there is a comment so far. So construction is
going on on the property or for the buck.
>> On looks like it's completed and it looks like there's also
been 2 additions to the barn,
which are not on the plans as well from what we can talk
about aerials
okay, so that will also need to be revised as well.
>> Did you did you hear that that they are but there are or
vision is to the barn that aren't on the plans for the
permit that has been issued. So the department is going to
have to be revised in order to bring that
up-to-date also but that is in that other case show.
So then I will give till. I'll give till 05:00PM on the
13th, so that
they can make arrangements to meet with officer Hill on the
property on that date
to show her that the RV the boat, the pavers the amount of
ground poll and any other ethics material that's not
being utilized for.
>> I valid permit purpose. Last that myth have miss
Hathaway attend with
officer Hill. Too
verify that.
Well only doing construction on this barn understanding that
they are additions that have been made the barn and they are
permits that are going to have to be revived aisd but that
only con construction work is being done on a building that
is as part of it.
All of those items are not removed by the 13th.
Then
the injured and $50 a day fine will revert back.
2
February 8. And we again accruing obviously there will
have to be in compliance hearing from you to verify
that. But I will retroactively send the fine back to February
8 if compliance with those items that are not a fix to the
property is not verified by February 13th at 05:00PM
and then
the remaining items that are accessory structures.
Now have to obtain permits for those accessory structures just
because those accessory structures are on the property
now and they would be permitted if there was a primary
structure there they're still going to have to be receive
permits and they to the extent that permit is needed. So all
of that will have to be done as well on all all of those extra
such excess restructures and I will extend that compliance
state till July 10th.
If that has not complied with the not fine of a $150 a day
will revert back to every 8 today.
>> Madam magistrate, if I may ask couple questions just for
clarification July tend deadline is that for the
storage containers that they would need a permit for is that
the only as S restructures that you're looking at for that what
other accessory structure so we know of that are now the only
was that with
okay so they would need to permit any accessory structures
that are on the property that would be all that's remaining
okay. The July in reference to the neighbors. Are you
referring to the neighbors that they needed it really that they
need to move are the ones that it laid
or the piles that it's kind of hard to see through their Gates
incident have access. That is in the photo on the right or
both.
>> So the ones that are already laid are fixed to me and can
have a permit that is obtained for them ultimately okay so I
am fine with those remaining provided the prom monies
received for those by July 10.
>> I'm for it there. I was there some time disagreement
with my client that they don't believe that permits are
required for papers but I I believe you know what we'll
sort that out saying if if no permit is required for some
reason obviously that conditions will be mooted but
just want to note for the record. Let's get some
testimony as to whether very.
>> After new guidance and risky for the record.
Respondents have been advised previously that part of their
building permit application for the revision for the single
family residence, they are required to obtain the site
plan from planning and zoning because there has been filled
their stove, I lay shuns that are on the Pa, the that may
have encroached into wetlands so they do need to have a site
plan as part of their building permit application submitted
those papers would be part of that site plan application.
>> So the the requirement to have a permit for the pavers is
sort of sites to your hazards, drainage issues related to the
film that have been bought in that neighbors will be part of
that site plan. I think he can we just craft the your order
your honor just to say that provided that any required I'm
such permits it will be obtained absolutely provide
coverage gaps alert here too.
>> When the shooting.
>> Well there has been there since I for the record it is
asking about that where the issues are but I don't think
that that's the subject of states hearing. So yeah,
absolutely yes Patterson County developed review.
>> Freshly engine ear and part of the development part a
portion of this.
>> And did I swear you in earlier. For you this way do
you solemnly swear or affirm the testimony you are about to
get to the truth, the whole truth and nothing but the truth
I do.
>> Again as part of the building permit itself, you
know this is more of this not having a structure but as part
of the building permit itself. There's required to have a site
plan that shows limits of the clearing the limits of of
impacts based on the building based on multiple aerials that
limits has-beens substantially expanded. We have evidence that
more than the required feel for strictly a metal building was
placed on the property and have as part of that is making said
required a site plan. For for this too
with the additional things that have been done and today we
have not had any
about this site plan portion to to deal with that. It's a plane
would be required the papers could be permitted as part of
that but and as such as such again the additional
encroachments that we believe have have been and to impact
wetlands removed additional trees outside of a normal
structures safety zone.
So again all of that relates to the site plan that we are
requesting be submitted to alleviate any and all of those
violations.
>> Okay, and I I believe that Mister live. He's indicated
he's going to work with them and we'll walk them through
that process and that would be the July 10th deadline date
that would not be prior to that's those are things that
need to be done by July 10th.
>> Given my client just wanted to mention that that those were
apparently violations that previously issued a more closed
out I I do not know I can't provide any more additional
information again that I'm intending to help them navigate
this process so much of this is sort of that and information
from me that and moving forward which I do appreciate people
are riding.
>> Well and I think as long as you remain in contact with the
county officials I think that that is going to be what helps
them get through the process. So I appreciate your
willingness to do that
OK thank you thank you.
OK let's hope the last case 2334 CS and Kevin King, yes,
ma'am.
>> For the record and sticky have to a building inspector
for Seminole County building in regards to case number 2334 CS
and Kevin peaking at 3200 West Osceola road Geneva.
Notice of hearing certified mail. So notice of violation is
also chapter 40 appendix a section one of 5.1 construction
without the required permits.
This case was originally heard by the special magistrate on
3/9/2023 in order was issued giving the respondent the
compliance date of May 8th of 2023.
On 5/11/2023 in order was issued extending the compliance
date to November 9th of 2023.
And affidavit of noncompliance it was filed by the inspector
after inspection on 11/17/2023.
And affidavit of compliance was filed by the inspector after
reinspection on January 10th of 2024.
Estimated administrative cost to process this case today or
$703. And $0.6 for but the inspector and the clerk
recommendation that the special magistrate issued an order
reducing the fine to administrative costs totaling
$703.6 in order these cost to be paid within 30 days of the
final constitute a lien on the property, this concludes my
presentation
and pensions.
>> We go ahead and order the
the elementary my
the order and reduce the fine.
Pardon me.
To find that the property is in fact in compliance of this
time.
And I'm going to amend my priority or 2.
And pose a fine in the amount of $703.6 which represents the
administrative costs of the county in this match or an
order that it be paid in 30 days
and will constitute a lien against the property.
I think that's all of the cases for today. Go ahead and set the
next magistrate hearing for on March 14th at one 30 PM.
Thank you thank you.