Code Compliance Hearing

CITY OF BELLEVIEW AGENDA Code Compliance Hearing Belleview City Hall Commission Room 5343 SE Abshier Blvd. Belleview, FL January 28, 2025 1:30 PM Marty Smith, Special Magistrate 1. Call to Order 1.a Opening Statement 2. Posting/Notice of Meeting 3. Approval of Minutes 3.a 09/24/2024 Minutes 4. Administration of Oath of Officers 4.a Code Compliance Officer and Respondent oaths 5. New Business 6. Old Business 6.a CASE # EN22-0129: PAC 3 PROPERTIES LLC 6.b CASE # EN24-0092: SANCHEZ LESLIE 7. Magistrate Comments 8. Staff Comments 8.a Introduction of new Code Compliance Officer In accordance with the Americans with Disabilities Act, persons needing assistance in any of these proceedings should contact the City Clerk's Office at least 48 hours prior to the meeting: 5343 SE Abshier Blvd. Belleview, FL 34420 (352-245-7021 Ext. 2109) Opening Statement 09/24/2024 Oaths Magistrate Order Magistrate Order 9. Adjourn Meeting AGENDA ITEM NO. 1.a Item Cover Page CODE COMPLIANCE HEARING AGENDA ITEM REPORT DATE OF MEETING: January 28, 2025 AGENDA ITEM: Opening Statement PRESENTING PARTY: Special Magistrate Marty Smith ITEM TYPE: Roll Call BACKGROUND: RECOMMENDED ACTIONS: To be read at the Magistrate's discretion ATTACHMENTS: Opening Statement The Commission reserves the right to postpone any decision on audience, or walk-in requests until sufficient time has been allowed for review of documentation. CITY OF BELLEVIEW CODE COMPLIANCE HEARING MEETING PROCEDURES State Title of Meeting: City of Belleview Code Compliance Hearing State Date and Time: January 28, 2025 – 1:30 pm Ask If the Meeting Has Been Properly Noticed: Upon receiving an Affirmative, call the Meeting to Order. Introduction of Staff: Kelley L. O’Neill, Code Compliance Officer; Lisa Byington, Code Compliance Officer; Becky Susterka, Permitting & Licensing Specialist Present the Operating Pro-forma for the Meeting: This is a public meeting. There is structure to the meeting. I would like to share the structure with all in attendance so that every avenue of information is afforded to both parties and testimony is given to the Magistrate so that they can make an informed decision on the matter presented. There are two parties or two sides to this meeting—Each party to this case will have the opportunity to present their position. All testimony will be under oath and will be given from the guest speaker’s podium. People speaking will identify themselves by giving their name, address and whom they represent. Testimony will not be given from the floor. All testimony is recorded and is a public record. First, the City of Belleview Code Compliance Officer (CCO) will identify the case number, name and pertinent case data including the present status of a possible code violation. The CCO will then present the City’s case with supporting evidence. The CCO may call witnesses. At the conclusion of the presentation, the Magistrate can ask the CCO questions. Second, the Respondent (owner) now presents his/her information. The Respondent testifies and may present supporting evidence. The Respondent may call witnesses. At the conclusion of the presentation, the Magistrate can ask the Respondent questions. After questioning concludes, testimony is closed. At this point, no new testimony of evidence can be presented from either party. For clarification of issues, the Magistrate reserves the right to ask specific questions to either party. The parties’ response(s) to the question(s) from the Magistrate will be from the podium and the party is considered still under oath. The Magistrate must render a decision as to whether a violation(s) exist. Madam Secretary please swear in the CCO. First case. AGENDA ITEM NO. 3.a Item Cover Page CODE COMPLIANCE HEARING AGENDA ITEM REPORT DATE OF MEETING: January 28, 2025 AGENDA ITEM: 09/24/2024 Minutes PRESENTING PARTY: Special Magistrate Marty Smith ITEM TYPE: Approval of Minutes BACKGROUND: RECOMMENDED ACTIONS: Approve as presented, or amended, the 09/24/2024 Code Compliance Hearing minutes ATTACHMENTS: 09/24/2024 The Commission reserves the right to postpone any decision on audience, or walk-in requests until sufficient time has been allowed for review of documentation. CITY OF BELLEVIEW CODE COMPLIANCE HEARING MINUTES Belleview City Hall Commission Room 5343 SE Abshier Blvd. September 24, 2024 1:30 PM Marty Smith, Special Magistrate CALL TO ORDER: Special Magistrate Marty Smith called the meeting to order and read the overview of meeting procedures. NOTICE/PUBLICATION OF THE MEETING: Ms. Earwood confirmed the meeting had been properly posted. APPROVAL OF MINUTES: The minutes from the May 28, 2024 meeting were approved. ADMINISTRATION OF OATH OF OFFICERS: The Code Compliance Officer was sworn in by Ms. Earwood. NEW BUSINESS: Case # EN24-0092: Sanchez, Leslie, 3706-007-008 CCO Ellington presented the case to the Special Magistrate. The property owner was not present. Based upon the testimony, case documentation, and discussion, the Special Magistrate finds that Sanchez, Leslie owner of property located at 5249 SE 106th LN, Belleview, Florida (Parcel ID# 3706-007-008) violated the following City of Belleview Code of Ordinances, as referenced in the finding of fact: • Article II, Sec. 38-32 The Special Magistrate orders the following corrective action: 1. Assess a minimum Code Enforcement fee of $350.00 for City expenses (staff time, supplies, and vehicle use) incurred in this case plus attorney fees for this hearing. 2. Mow and maintain property in accordance with City code. All violations to be corrected no later than 2 weeks from the date of signed Special Magistrate Order. 3. A fine of $250.00 per day will be assessed starting 2 weeks from the date of signed Special Magistrate Order if violations are not corrected. 4. If the property is not maintained as required per code by City of Belleview Code of Ordinances, staff is directed to request funds from the City Commission on behalf of the Special Magistrate to correct all violations. All costs incurred by the City are to be placed on the property as a lien until paid with the maximum fine to be $5,000.00. OLD BUSINESS: None MAGISTRATE COMMENTS: None STAFF COMMENTS: None ADJOURNMENT: The meeting was adjourned by Special Magistrate Smith at 1:37 pm. Attest: _________________________ Shawna Chancey Development Services Director AGENDA ITEM NO. 4.a Item Cover Page CODE COMPLIANCE HEARING AGENDA ITEM REPORT DATE OF MEETING: January 28, 2025 AGENDA ITEM: Code Compliance Officer and Respondent oaths PRESENTING PARTY: Special Magistrate Marty Smith ITEM TYPE: Oath of Office BACKGROUND: RECOMMENDED ACTIONS: To be administered at the discretion of the Special Magistrate ATTACHMENTS: Oaths The Commission reserves the right to postpone any decision on audience, or walk-in requests until sufficient time has been allowed for review of documentation. CODE COMPLIANCE OFFICER OATH (ONE TIME OATH ADMINISTERED AT THE BEGINNING OF MEETING) RAISE YOUR RIGHT HAND AND REPEAT: I, <state your name>, AM FAMILIAR WITH THE FACTS OF EACH AND EVERY CASE PRESENTED TODAY AND THE TESTIMONY THAT I AM ABOUT TO GIVE FOR EACH CASE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. RESPONDENTS OATH (ADMINISTERED TO EACH INDIVIDUAL TESTIFYING BEFORE EACH CASE) RAISE YOUR RIGHT HAND AND REPEAT: I AM FAMILIAR WITH THE FACTS OF THIS CASE AND THE TESTIMONY I AM ABOUT TO GIVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. AGENDA ITEM NO. 6.a Item Cover Page CODE COMPLIANCE HEARING AGENDA ITEM REPORT DATE OF MEETING: January 28, 2025 AGENDA ITEM: CASE # EN22-0129: PAC 3 PROPERTIES LLC PRESENTING PARTY: Kelley L. O'Neill, CCO ITEM TYPE: Public Hearings BACKGROUND: RECOMMENDED ACTIONS: Affirm daily fine of $250.00 per day starting 4/16/2024 with a maximum fine to be $5,000. Direct staff to request funds from the City Commission on behalf of the Special Magistrate to correct all violations. All cost incurred by the City are to be placed on the property as a lien until paid. ATTACHMENTS: Magistrate Order The Commission reserves the right to postpone any decision on audience, or walk-in requests until sufficient time has been allowed for review of documentation.

AGENDA ITEM NO. 6.b Item Cover Page CODE COMPLIANCE HEARING AGENDA ITEM REPORT DATE OF MEETING: January 28, 2025 AGENDA ITEM: CASE # EN24-0092: SANCHEZ LESLIE PRESENTING PARTY: Kelley L. O'Neill, CCO ITEM TYPE: Public Hearings BACKGROUND: RECOMMENDED ACTIONS: Affirm daily fine of $250.00 per day starting 12/30/2024 with a maximum fine to be $5,000.00. Direct staff to request funds from the City Commission on behalf of the Special Magistrate to correct all violations. All cost incurred by the City are to be placed on the property as a lien until paid. ATTACHMENTS: Magistrate Order The Commission reserves the right to postpone any decision on audience, or walk-in requests until sufficient time has been allowed for review of documentation.

AGENDA ITEM NO. 8.a Item Cover Page CODE COMPLIANCE HEARING AGENDA ITEM REPORT DATE OF MEETING: January 28, 2025 AGENDA ITEM: Introduction of new Code Compliance Officer PRESENTING PARTY: Kelley L. O'Neill, CCO ITEM TYPE: Staff Comments BACKGROUND: RECOMMENDED ACTIONS: ATTACHMENTS: The Commission reserves the right to postpone any decision on audience, or walk-in requests until sufficient time has been allowed for review of documentation.