7.A.
Special Magistrate Hearing - Building
- Meeting Date:
- 12/12/2024
Information
SUBJECT:
| 23-263 | 2400 S Ocean Dr Bldg 2300 Building | Catamaran I Inc. | Shaun Coss |
CASE INFORMATION:
| Case Initiated: | February 8, 2023 | Type of Presentation: | Fine Reduction |
OWNER:
| OWNER: Catamaran I Inc. 835 20th Place Vero Beach FL 32960 |
REG. AGENT: Peter Mollengarden, Esq. 9121 N Military Tr Suite 200 Palm Beach Gardens FL 33410 |
VIOLATIONS:
IPMC 304.1.1 (2021) Unsafe Conditions, IPMC 306.1.1 (2021) Unsafe Conditions, IPMC 309.1 (2021) Infestation, FBC 105.1 (2020) Permit Required
REDUCTION CRITERIA:
1. THE GRAVITY OR SERIOUSNESS OF THE VIOLATION: Serious.
2. ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS(S); OR IF THE VIOLATION(S) WERE NOT CORRECTED BY THE ORIGINAL VIOLATOR, WHAT ACTION WAS TAKEN BY ANY OTHER OWNER OR PARTY IN THE INTEREST TO BRING THE VIOLATION INTO COMPLIANCE? The Association had the building professionally treated for the infestation; a permit for the damaged trusses was also obtained and work was completed and inspected.
3. THE NUMBER OF TIMES THE VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD, SPECIAL MAGISTRATE, OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS, OR OTHERWISE ADMITTED GUILT IN ANY SUCH PROCEEDING? 1 (one).
REDUCTION CRITERIA:
1. THE GRAVITY OR SERIOUSNESS OF THE VIOLATION: Serious.
2. ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS(S); OR IF THE VIOLATION(S) WERE NOT CORRECTED BY THE ORIGINAL VIOLATOR, WHAT ACTION WAS TAKEN BY ANY OTHER OWNER OR PARTY IN THE INTEREST TO BRING THE VIOLATION INTO COMPLIANCE? The Association had the building professionally treated for the infestation; a permit for the damaged trusses was also obtained and work was completed and inspected.
3. THE NUMBER OF TIMES THE VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD, SPECIAL MAGISTRATE, OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS, OR OTHERWISE ADMITTED GUILT IN ANY SUCH PROCEEDING? 1 (one).
FINDINGS/ORDER:
Order Determining Violation - March 22, 2023
Notice of Extension of Time (90 days) - May 30, 2023
Affidavit of Non-Compliance - August 29, 2023
Order Approving Respondent's Request for Extension of Time - October 18, 2023
Affidavit of Non-Compliance - January 24, 2024
Order Approving Respondent's Request for Extension of Time (60 days) - April 12, 2024
Order Approving Respondent's Request for Extension of Time (60 days) - July 12, 2024
Affidavit of Compliance - October 2, 2024
Fines accrued accordingly:
8/29/2023 to 10/18/2023 - $ 4,900.00
1/24/2024 to 4/11/2024 - $ 7,800.00
6/12/2024 to 7/11/2024 - $ 2,900.00
Recording fees: $ 80.00
Total of accrued fines: $15,680.00
Notice of Extension of Time (90 days) - May 30, 2023
Affidavit of Non-Compliance - August 29, 2023
Order Approving Respondent's Request for Extension of Time - October 18, 2023
Affidavit of Non-Compliance - January 24, 2024
Order Approving Respondent's Request for Extension of Time (60 days) - April 12, 2024
Order Approving Respondent's Request for Extension of Time (60 days) - July 12, 2024
Affidavit of Compliance - October 2, 2024
Fines accrued accordingly:
8/29/2023 to 10/18/2023 - $ 4,900.00
1/24/2024 to 4/11/2024 - $ 7,800.00
6/12/2024 to 7/11/2024 - $ 2,900.00
Recording fees: $ 80.00
Total of accrued fines: $15,680.00
ACTION DATES:
1. March 22, 2023 - Special Magistrate Hearing - the owner was provided graduated time periods to complete each phase of compliance.
2. May 30, 2023 - A Notice of Extension of Time providing an additional 90 days to comply was recorded.
3. August 29, 2023 - Affidavit of Non-Compliance was prepared and recorded on August 30, 2023
4. September 15, 2023 - A letter contesting the fines was received.
5. October 18, 2023 - Special Magistrate Massey Hearing - 90 day extension and stay of the fines was approved.
6. January 24, 2024 - Affidavit of Non-Compliance was recorded and fines restarted.
7. February 9, 2024 - letter received contesting the fines.
8. April 11, 2024 - Special Magistrate Extension of Time Hearing - 60 day extension and stay of the fines was approved. According to this Order fines would resume after the expiration of this extension.
9. June 11, 2024 - An email contesting the fines was received.
10. July 11, 2024 - Special Magistrate Extension of Time Hearing - an extension and stay of the fines was approved until September 11, 2024.
11. October 1, 2024 - The case is complied and an Affidavit of Compliance is prepared. It was recorded on October 7, 2024.
2. May 30, 2023 - A Notice of Extension of Time providing an additional 90 days to comply was recorded.
3. August 29, 2023 - Affidavit of Non-Compliance was prepared and recorded on August 30, 2023
4. September 15, 2023 - A letter contesting the fines was received.
5. October 18, 2023 - Special Magistrate Massey Hearing - 90 day extension and stay of the fines was approved.
6. January 24, 2024 - Affidavit of Non-Compliance was recorded and fines restarted.
7. February 9, 2024 - letter received contesting the fines.
8. April 11, 2024 - Special Magistrate Extension of Time Hearing - 60 day extension and stay of the fines was approved. According to this Order fines would resume after the expiration of this extension.
9. June 11, 2024 - An email contesting the fines was received.
10. July 11, 2024 - Special Magistrate Extension of Time Hearing - an extension and stay of the fines was approved until September 11, 2024.
11. October 1, 2024 - The case is complied and an Affidavit of Compliance is prepared. It was recorded on October 7, 2024.
RECOMMENDATION:
To be determined.
Attachments
Form Review
- Form Started By:
- Elizabeth Beck
- Started On:
- 12/04/2024 09:34 AM
- Final Approval Date:
- 12/05/2024