Welcome to Pinellas County Code Enforcement Special Magistrate Hearings. The special magistrate is charged with conducting hearings to determine whether an alleged violation of the county code has occurred. In order to meet that obligation, all parties of the representatives will be allowed an opportunity to be heard on matters relevant to the alleged violation. While witnesses offering testimony or presenting evidence will be required to swear or affirm that the testimony they provided is the truth, the order of presentation will begin with the county presenting their evidence of the alleged violation and then respondent shall present his or her case. Both parties shall have an opportunity to cross-examine all witnesses. The special magistrate may question any witness. The clerk will announce the names of the cases from the agenda. When you hear your case call, please respond by coming to the podium with your representative and or any witnesses to be sworn. When addressing the special magistrate, please speak clearly into the microphone. Any person who decides to appeal the decision of the code enforcement special magistrate, with respect to any matter considered at this hearing will need a record of the proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Such record is not provided by Pinellas County. You will call the first case. Item number three, department code enforcement matter, short-term rental violations. Case number CCM-26-00027, Administrator B. Hughes, owner Ashley Michael, notice address Ashley Michael, 2171 Lagoon Drive, Dunedin, Florida, 34698-2529, and B. Hughes, special magistrate officer, Pinellas County Code Enforcement, 631 Chestnut Street, Florida, Florida, 33756, bhughes at pinellas.gov. Violation address, 1312 Columbia Avenue, Palm Harbor, Florida, 34683-2529. Officers, state your name for the record. Officer Hughes. And sir, your name for the record. Michael John Ashley. And you could both just raise your right hand. Do you swear if from any testimony you give to today, it will be the truth, nothing but the truth? Yes, sir. Yes, sir. Okay, I understand you've emptied to a stipulation? Yes. Okay. Why don't you just state what you feel is the agreement so Ms. Ashley knows for sure. Sure. It's just a finding of fact order for the code violation 22319G1 in that it was being advertised as a short-term rental without obtaining a certificate of use. He's since removed any advertisements and is no longer using it as a short-term rental. So, again, it's just a finding of fact request. Okay. And you're seeking costs, I presume? Yes, sir. Okay. I presume, Mr. Ashley, you know the amount, $219.76? Yes, sir. Okay. And let's do, what's that date, May 20th? Or did he pay? Yes, sir. A month from now. Okay. Anything else that either one of you want to tell me you're good with that, Mr. Ashley? Do you understand? Yeah, I'm fine. We didn't do our homework properly on this, so. Okay. All right. So, just for the record that you did, you were in violation, so if you did it again tomorrow, it would be a second offense kind of thing. Yeah, well, that wouldn't happen. Okay. I'm just trying to tell you what to do. Okay. Well, then, I'll execute an order in about five minutes, and we'll get it to them. Okay? Okay. Thank you, sir. Thank you. Communications, please stop recording. One. Yes. Thank you. You can just read the case. Item number one, department, code enforcement, matter, short-term rental violation. Case number, CCM-26-00034, Administrator D. DeVall, owner, LSRLC, notice address, LSRLC, 16192 Coastal Highway, Lewis, Delaware, 19958-360, and Smith Garrison, SmithRuth, 378 West Winds Drive, Palm Harbor, Florida, 34683-1043, and Smith Garrison, SmithRuth, 470 North Carolina Avenue, Palm Harbor, Florida, 34683-5473, and D. DeVall, special magistrate officer. Officer, Pinellas County, Pinellas County, Pinellas County, Pinellas County Code Enforcement, 631 Chestnut Street, Clearwater, Florida, 33756, D. DeVall, at Pinellas.gov. Violation address, 378 West Winds Drive, Palm Harbor, Florida, 34683-1043. Officer, if you could state your name for the record. Officer DeVall. Thank you. And ma'am, your name? Ruth Smith. Ruth Smith. Ms. Smith, and what's your connection to LSRLC? Owner. Owner of the LLC? Yes. Is there anyone else? My husband and I. Okay, that's all I'm for. Garrison and Ruth Smith. Okay, managers, whatever they call them. Okay, well, that's fine. And if you could both raise your right hand, do you swear or affirm that any testimony you give today be the truth and nothing but the truth? I do. I do. Okay. I have a stipulation here. Officer, why don't you tell me what your understanding of the stipulation is? The county's come into an agreement with Ruth Smith here under the LLC for the one violation of not having completed getting the short-term rental certificate. So they were in violation of that code section 22319G1. She has agreed and acknowledges the fact that she had not obtained her certificate, and she is in the process of doing so. She has initiated an SCR application but still has to complete the process. It has not been issued as of yet. So we are giving her ample time, 45 days to complete the process. She has different things. She still needs to continue to get updated, DBPR. She needs to get updated into the LLC. She has other things. Yes. So we've given 45 days to bring it into compliance. We have asked for court costs as well. Okay. And it's a daily fine amount of $250? Correct. If compliance is not met by the June date. And that fine can be abated if there's compliance. Correct. Ms. Smith, is there anything she said that you didn't agree to or don't understand? No. Okay. Having said that, I will find a public portion of this hearing, but I'm accepting the agreement, and we'll prepare an order right now. And if you think about five minutes, we'll give you a call. Okay. Thank you, Magistrate. Thank you. Thank you both. Communications, please stop recording. We're just going to hang out here. Okay. I'll sit here. You can call to. Okay. I'll get it down there. Item number two, department code enforcement. Matters, short-term rental violation. Case number, CCM-26-00023. Administrator, B. Hughes. Owner, Del Valle, Carmen Milagros. Notice address, Del Valle, Carmen Milagros, 36750, U.S. Highway 19 North, Apartment 9-205, Palm Harbor, Florida, 34684-1239. Info at CasaMiaVacationRentals.com. And B. Hughes, Special Magistrate Officer, Pinellas County Code Enforcement, 631 Chestnut Street, Clearwater, Florida, 33756. B. Hughes at Pinellas.gov. Violation address, 36750, U.S. Highway 19 North, number 9-205, Palm Harbor, Florida, 34684-1239. The record reflects that no one has responded to the call. The clerk, there's no one in the gallery. Uh, anyone here, 436750, U.S. Highway 19 North, Unit 9-205? The record reflects no one responded. Officer, if you could raise your right, you could state your name for the record, please. Officer Hughes. Okay. Do you swear or affirm that any testimony we'll give today be the truth of nothing but the truth? I do. Okay. You can proceed, and you can do this as a package if you want. Great. I have the package. Okay. So, the property where the alleged violation exists is 36750, U.S. Highway 19 North, number 9-205, Palm Harbor, 34684, located in unincorporated Pinellas County. The owner, Carmen Milagros de Valle, is not present, um, for today's hearing. The violation has been in occurrence since on or before October 28th of 2025, and I would like to enter into evidence the notice of hearing, affidavit of violation, and composite exhibit A, which includes, uh, Pinellas County short-term rental warning notices, the notice of violation, Pinellas County tax collector, property appraiser, the deed, and the short-term rental advertisement. All right. Okay. Okay. Just so I have it correct, and yes, you can proceed in that fashion as exhibit A. I've got the affidavit of the violation for the record, and we have a notice of March 28th, and then a warning notice of June 11th, as well as October 3rd, and then we've got the notice of violation of the code violation, and then we're on to, uh, the tax collector's information, correct? Okay. The warranty deed, and then lastly, you have the documents regarding, uh, That they're continuing the advertising. Continuing the advertising, uh, for the, for the rental. Yes, sir. Okay, and it's short-term rental, or how do you know this is a violation? Yes, it's short-term rental violation of 22319 G1, in that they are renting the property, um, without obtaining the certificate of use. Short-term rental. Pardon me? It's short-term rental. Yes, sir. We could be renting it by the year, right? And then we wouldn't be talking. Correct. So how do you know it's a short-term rental? Right. So initially, um, the evidence showing that they were advertising as a short-term rental is attached for you. Yeah, that's what I'm looking for. I'm just looking for it in here. Go ahead. Yes. I have it, Palm Harbor. Tell me where it says that. Yes, and then, uh, when I went to the property to post it, I did knock on the door, and, um, the person that answered the door did confirm. He was, um, using it, or renting it as a short-term rental. And this was the owner or manager? No, this was someone renting it. Someone renting it. Okay, that's how you, do you have personal knowledge? Yes, so I have personal knowledge. He confirmed that he was, uh, renting it through, I believe, Airbnb. Okay. Um, I have since that time been contacted by the, uh, property manager, and he, um, has actually, at this point, um, submitted the application. However, it's not been completed. He, um, is aware that it's coming to the hearing. He said that he will let the owner know. The owner's in, um, Puerto Rico, but they, they have actually, um, applied for the application on, uh, April 15th. Okay. But it's not been completed yet. Okay, I mean, I was, all right, I didn't know you had all that information. Well, with regard to composite A1, I think you called it A? Uh, composite, yes, exhibit A. I'm going to accept exhibit A for the county, if you have evidence. Go ahead. Anything else you want to tell me? Yes, sir. So, um, magistrate property was, uh, re-inspected on April 16th of 2026. The violations continue. The application of use was submitted on April 15th. Um, and the short-term rentals continue and advertising continue. And I would like to submit that as composite exhibit B. Show me exhibit B. Yes, thank you. I think that was attached to it. I have this already. Yeah. So, basically, this just does show that the, um, application has been submitted, again, on April 15th. So, they are aware and are trying to come into compliance. Um, it shows that they are still renting, um, doing the short-term rental, um, as well. The advertisements continue. Still on the edge. Okay. Um, I'll accept the composite B into evidence. Um, so, magistrate, the county requests that you find the property in violation and issue an order to have the property brought into compliance. We're asking for the allowance of 30 days to comply, and if still in violation, assign a daily fine amount of $250 per day for codes, for violation of Code Section 22319G1. And, um, 30 days would be? Wednesday, May 20th. Yeah, of course, also, right? Yes, sir. If we could, um, also get the cost. And I'm sorry, Caroline, do you know the amount? Yes. 219. $219.76. Thank you. You're welcome. Anything else, officer? Uh, no, sir. That concludes my testimony. Thank you very much. Um, I'm going to consider the public portion of the hearing closed. I'm going to find that the, uh, respondent is in violation of Section 22-319G1. It's technically a minimum housing violation, but the short-term rental ordinance. I'm going to institute a fine of $250 a day. That fine can be, uh, bated if there's compliance with the, the ordinance in the Code Section by May 20th, 2025, by 5 p.m. I'm also awarding the county costs, $219.76. Thank you, Magistrate. Thank you, officer. Anna, anything else? Uh, we have that other, one more? No, that was it. This was the last one. The motion to declare unsafe. The what? Oh, yeah, the other motion. Yeah, the other case, right? We have one more. Oh. I'm sorry. Yeah, she's right. It's number four, I believe. Brian Birch. Okay. Two, three, five. Yeah. Uh, we can call number four. Okay. Item number four, department code enforcement matter. Petitioner's motion to declare property unsafe. Case number CM19-00099, Officer B. Hughes, Owner, Burge Bryan, Burge Mindy Jean. Notice address, Burge Bryan, Burge Mindy Jean, 7800-46th Avenue North, St. Petersburg, Florida, 33709-2353. And Burge Bryan, 9016, Birchwood Pike, Harrison, Tennessee, 37341. And Burge Mindy, MindyBurge856 at gmail.com. And B. Hughes, Special Magistrate Officer, Pinellas County Code Enforcement, 631 Chestnut Street, Clearwater, Florida, 33756. B. Hughes at Pinellas.gov. Violation address, 7800-46th Avenue North, St. Petersburg, Florida, 33709. Is anyone here regarding the property at 7800-46th Avenue North in St. Petersburg, Florida? Let the record reflect that there was no one left in the gallery. And, um, Officer Hughes is present. Officer, uh, if you'd state your name for the record and raise your right hand. Officer Hughes. Do you swear or affirm that the testimony we give today would be the truth and nothing but the truth? I do. You may proceed. Thank you. Um, so good morning, Magistrate. My name is Officer Hughes. I'm the Magistrate Officer with the Code Enforcement Division of Pinellas County. Pursuant to Chapter 2, Article 8 of the Pinellas County Code and Chapter 162 of the Florida Statutes, Pinellas County is seeking a motion to declare the property unsafe for, um, for Mr. Brian Burge and Ms. Mindy Burge. The property in which the county is seeking declaration of unsafe structure action against is located at 7800-46th Avenue North, St. Petersburg, Florida, 33709. The property is a non-homesteaded property in unincorporated Pinellas County. The county would like to submit into evidence the motion to declare unsafe for code violations and the, um, attached history and exhibits. You may proceed, officer. I have a copy in front of me. You do have a copy. Okay. Thank you. And I, I, I've read it. Go ahead. Okay. Uh, the only thing that, um, if you've already got it, you see that we do have the notice of hearing. Um, I have had contact with the owner and, um, Ms. Mindy Burge and also with, um, the daughter of Mr. Brian Burge. They, um, are aware of this motion. Um, the only correction I would like to make is we have the motion to declare the property unsafe. However, on the first line, um, excuse me, the first paragraph, we were initially going to do a motion to initiate demolition. And I just want to, um, correct that that should be a motion to declare unsafe. No, I appreciate that. I've actually read it and I pulled this statue. I didn't catch it. That's why I called it. Um, okay. So basically, um, since you've already, uh, looked through it, the, the main thing that I wanted to point out is, um, how that this code case ongoing for multiple violations for many years, it did burn down. Yeah, I saw that. That's what, why you're here today. I got it. Yes. We did condemn it after the burning down. Right. And, um, I just wanted to know. You condemned it after the fire? Yes. Is that what happened? It got condemned after the fire? Uh, it was condemned. It had been before that. It had been condemned previously for the insanitary condition it was in. And then, um, we did send another notice and post it again after the fire. Okay. My understanding is, um, Mr. Burge actually did accidentally set the, um, structure on fire and it is, you know, other than the remaining debris and a few, uh, standing pieces of wood. Is he living in it? Pardon me? Was he living in it? Uh, he was not supposed to be. No one was supposed to be. But he was there. Is what the fire department told me. So, anyway, I just wanted to point out that it is pretty much completely destroyed by fire. No, I saw the photographs. No, I saw the photographs. Um, go ahead. Okay. So, uh, the property continues to be owned by the respondent. The property does not currently have homestead status. The petitioner has an interest in the property by virtue of Pinellas County Code Enforcement Special Magistrate Lien in the amount of over $20,000. The lien is accruing daily fines in addition to interest. The petitioner provided the respondent with notice that the property was found in violation of the county's ordinance. The petitioner provided the respondent with notice that the property remained in violation of the county's ordinances after the respondent was afforded due process and given a period in which to cure or remedy the violations of the county's ordinance at the property. The respondent had actual or implied knowledge of the process and procedures employed by petitioner, his Code Enforcement Division, and Special Magistrate for imposition of the Code Enforcement Lien. The property has remained in continuous noncompliance for more than six years following the magistrate ruling, and no efforts have been made by the respondent to bring the property into compliance with the executed order. Under the authority of Pinellas County Code Section 22-278, the county is seeking the Special Magistrate to declare the property unsafe and issue an order to be brought into compliance within 30 days. If defendant fails to bring the property into compliance, Pinellas County Code Enforcement will seek further action as authorized by law and ordinance. Anything else, officer? No, sir, not at this time. After speaking with the county attorney, Mr. Barrera, he just wanted to get onto the record that it is an unsafe structure before we move forward with any other actions. Understood. Well, the motion's already filed, but I'll accept it into evidence, not that technically I would have to as well as all the other exhibits, plus your testimony regarding conversations with the respondent. Anything else? No, sir, that concludes my testimony. I'm going to consider the public portion of the hearing closed. I'm going to grant the county's motion and declare the building pursuant to 222-278 of the code unsafe and issue an order that the respondent needs to bring the property into compliance within 30 days, and if there's failure to bring it into compliance within 30 days, the county's author may proceed with further action. Thank you, sir. Anything else? We're good? We're good. Okay. I've dissented the order. You're going to give them a... I guess we can go off the record at this point. Yes. Communications, please stop recording. Thank you. Thank you. Thank you.