CivicPinellas County, FL › August 17, 2026

Code Enforcement Special Magistrate Hearing August 17, 2026 9:00AM - Aug 17, 2026

Pinellas County, FL Board of County Commissioners August 17, 2026 301 minutes
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Transcript

Speaker0:20

Okay. 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 or their representatives will be allowed an opportunity to be heard on matters relevant to the alleged violation or violations. All witnesses offering testimony or presenting evidence will be required to swear or affirm that the testimony they provide is the truth. The order of presentation begin with the county presenting their evidence of the alleged violation or violations, and then the 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 called, please respond by coming to the podium with your representative and or any witnesses to be sworn in. 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 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. Please call the first case. Department Code Enforcement Matter 22-319-G1 Minimum Housing Code Violation Case Number CCM-26-00078 Officer E. Stevens Owner Fund Florida Rentals, LLC Notice Address Fund Florida Rentals, LLC 3244 South Newton Drive Denver, Colorado 80236-2330 Violation Address 6400 Pelican Drive South St. Petersburg, Florida 33707 Council, if you just put your name on the record Florida Rentals, LLC And that's Officer Stevens? Yes, I'm Officer Stevens with Pinellas County Code Enforcement You both have reached an agreement. I have an order in front of me. It'll be a $500 a day fine. However, that fine will be abated if there's compliance within 30 days. Is that correct? That is correct, magistrate. Council? Council? Yes, sir. Any questions? No, sir. Okay, I'm signing the order. Carolyn, let me just do this right now for this gentleman. Okay, you're good. Thank you, magistrate. I'll give you a copy of the order. Whoever's here for a joint stipulation that you signed, please make sure you get a copy from me before you leave. Thank you. Department code enforcement matter 58-270 IV inoperable vehicle code violation, 58-304 TD trash and debris code violation, 138-3220 and 138-37030 zoning code violation. Case number CCM-26-00069, officer B. Hughes, owner ZW Properties, LLC. Notice address ZW Properties, LLC, 4915-68th Street North, St. Petersburg, Florida, 33709-2943. Violation address 6807 50th Avenue North, St. Petersburg, Florida, 33709. This is number six, right? Yes. Second. Name on it is ZW Properties? Yes. Okay, I got it here. Officer, state your name for the record. Officer Hughes. New name, sir? Andrew Ziegler. Mr. Ziegler, your connection to ZW Properties? I own it. We changed their process here, so it's taking me a second or two just to make sure it's right. Okay, so you had two violations. I take it as trash and debris as well as an inoperable vehicle. You've agreed to a fine of $100 a day. However, if there's compliance by October 16th, approximately 60 days, that fine will be abated and there'll be court costs. Is that your understanding? Okay, I'm going to accept the agreement, and I'll sign the order, and then Carolyn over here will give you further instructions. Thank you. Thank you. What's this one? Yes. Yeah, you can do it. Department code enforcement matter 58-270 IV inoperable vehicle code violation, 58-304 TD trash and debris code violation. Case number CCM-26-00077. Officer D. DeVall. Owner, DeBrock Keith. Notice address, DeBrock Keith, 2228 18th Avenue Southwest, Largo Florida 33-774-1708. Violation address, 2228 18th Avenue Southwest, Largo Florida 33-774. I'll check something here. Officer, state your name to the record. Officer DeVall. The violation address is in Largo? Yes. The owner's violation address, St. Petersburg. Correct? No. I'm checking. I'm not. Thank you. This is. Number eight. Number eight. I'll go. Oh, here. Thank you. Thank you. Thank you. Let me just run it over. Let me just see what the. It was a mistake on the order. I just want to get it right. So, your name, sir? Keith DeBrock. Mr. DeBrock, number eight. You're the owner of the property at 2228 18th Avenue Southwest, Largo? Yes, sir. And what was the agreement, officer? We have an agreement for two violations on the property, 58-270 in-off vehicle and trash and debris 58-304, giving him 30 days to comply. 30 days? Correct. And if not in compliance within 30 days, it would be $100 a day per violation. And that's the same on both TD and inoperable? That is correct. And costs? Costs were listed at $419. DeBrock, what did you say? $419, you believe? Excuse me. You said $419. Do you think it is? Well, yes. Yeah, I wrote it down on the. It is $419.21. You were correct, Mr. DeBrock. Okay. I'm going to accept the order and prepare. I'm going to accept the agreement and prepare an order. It needs some changes. There were some tackles on the one hand. Yeah, everything's been taken care of already, so. I think she needs to go out and inspect. Is that what needs to be done here? Yeah. Okay. You have her contact information and everything? Yes, sir. What you do, yeah, just go follow up with her. Make sure you don't forget that. Very good. All right. We'll see you. We'll see you in a few weeks. Thank you. I'll have you sit down and I will call you on the. You're going to do that later? I'm doing it as we do it now. Okay. No problem. I'm ready to go. Department code enforcement matter 22-319-G1, 22-319-I1, 22-319-I2, minimum housing code violation, case number CCM-26-00071, officer E. Stevens, owner Sauer Natasha, notice address Natasha Sauer, 4177, Balboa Way, San Diego, California, 92117-6911, violation address 2311 Lorena Lane, Clearwater, Florida, 33765. Officer, state your name for the record, please. Officer Stevens. Amen. Natasha Sauer. Ms. Sauer, are you the owner of the property on Lorena Lane? Yes. Okay, my understanding you've reached an agreement with the county here on this minimum housing violation, is that correct? Correct. And if 30 days to come into compliance, otherwise it would be a $500 fine, but that will be abated if you come into the compliance, is that correct? Correct. Okay, and you're understanding, aren't it? And there's costs, they're $410.88? Mm-hmm, correct. I find that both parties, that's correct, officer? That is correct. Okay, I'm going to accept the agreement, and I'll enter the order now, and you'll get it right from Caroline. Thank you. Thank you, Madam Secretary. Department code enforcement matter, 22-299 MH minimum housing code violation. Case number, CCM-26-00073. Officer, B. Hughes. Owner, Bank of New York Mellon TRE. C. Walt, Inc., Alternative Loan Trust 2005-24. Notice address, Bank of New York Mellon TRE. C. Walt, Inc., Alternative Loan Trust 2005-24. C.O., Kelly Cronenberg, 10360 West State Road 84. Fort Lauderdale, Florida, 33324-4236. Violation address, 1125 2nd Avenue South, Tierra Verde, Florida 33715. Officer, can you state your name for the record? Officer Hughes with Pinellas County Code. And your name, sir? Gregory Wallach. I'm an attorney for Bank of New York Mellon. Wallach. I have in front of me an agreement, an order that could reflect an agreement of a fine of $100 a day on the minimum housing violations. However, that fine could be abated if there's compliance, which I believe is 90 days. That is correct, sir. And there's also a clause of $413.71? That's correct. Is that your agreement? Yes, sir. I find the agreement acceptable. I'll execute an order, and you'll get from Carolyn in a little bit. Thank you. Thank you both. Department Code Enforcement Matter, 58-304TD, Trash and Debris Code Violation. Case number, CCM-26-00075. Officer, B. Hughes, owner, Stover Joan L. Notice address, Stover Joan L. 10206117 Drive. Largo, Florida 33773-2335. Violation address, 10206117 Drive, Largo, Florida 33773. Officer, if you could just state your name for the record. Officer Hughes, Pinellas County Code Enforcement. And your name, ma'am? No, ma'am. Sir, I'm sorry. You don't need to get up. I'll stand up. You can stand. You don't have to. I'll stay. You're Joan Stover? Yes, sir. And who's this fine gentleman to your left? Grandson. I think you were here before, weren't you? I think I remember. Okay. What's your agreement, officer? We had an agreement. This is a repeat violation. Oh, okay. The same violation was found to be in a violation and was abated. However, on July 23rd, we received another complaint, and it was in violation from July 23rd until compliance on July 26th. Therefore, it was a three-day repeat violation. Oh, got it. And we agreed to $100 per day, totaling $300 plus court costs. Yes, that's what the order reflects. Ms. Stover, did you understand what the officer said that you agreed to? Yes, sir. You good with the $300 fine and paying the costs? Right. Mm-hmm. Okay. Thank you, sir. All right. I'm going to accept the order. Thank you. I'm going to accept the agreement and enter an order right now. Carol, I'm going to give you a copy. Thank you, sir, very much. The two foot next. Thank you. Department, Code Enforcement, Matter 22-319I122-319I2, Minimum Housing Code Violation. 58-444NO, Noise Ordinance Code Violation. Case Number, CCM-26-00064. Officer E. Stevens, Owner, DVR-S6-LLC. Notice address, DVR-S6-LLC. 1250 East Hallandale Beach Boulevard, Suite 1000, Hallandale Beach, Florida 33009-4636. Violation address, 4545 Harbor Hills Drive, Largo, Florida 33770. Good morning. Charles Brady, attorney, on behalf of the respondents. And I'm accompanied by the property manager, Cassiola Michael Lester, with Cassiola Management, is with me. Okay, so Charles Bradley, is that B-R-A-D-L-E-Y? Brady, like Tom, but don't hold it against me. I won't. Counselor, what's the property manager's name? His name is Michael Lester. He's with Cassiola Management. Michael Lester. Will there be anyone else in support of your case testifying? No, just Mr. Lester. Just the one witness. If somebody else comes up, I'll just swear to them in a few seconds. All right, thank you. Mr. Lester could come up. Officer, if you could state your name and... Officer E. Stevens. That's kind of code enforcement. Thank you. And Mr. Lester, state your full name for the record? Yes, Michael Lester. You could raise... Both of you raise your right hand. Do you swear a firm that any testimony today be the truth and nothing but the truth? I do. Thank you. Yes. Mr. Lester, you could stay up here with your lawyer. Your lawyer could stand there. They're going to put some documents on it, I suspect, and you can have a seat and watch. It's totally up to you. Yes. Whatever your counsel wants. Officer. Good morning, Magistrate. The property where the alleged violation exists is 4545 Harbor Hills Drive, Largo, Florida, 33770. Located in unincorporated Pinellas County, the owner, DVR-S6, LLC, is present and represented for today's hearing. The violation has and has been occurred since or on before May 21, 2026. I would like to enter the Notice of Rescheduling, Notice of Hearing, Affidavit of Violation, and Composite A, Exhibit A, into evidence, which includes the NOVs, Pinellas County Tax Collector, Property Appraiser, Deed, Division of Corporations, Short-Term Rental Certificate, Affidavit of Unreasonably Loud and Noise, Ruckus Noise, one by Brian Scott and the other one through Nancy Sara Foley, and the PCSO Incident Detail Report. Mr. Brady? Without any evidentiary objection. Okay. There'd be no evidentiary objections. I'm going to accept the package, for lack of a better word. I'm going to mark that at County 1. I'm going to accept it into evidence. I believe he has, Mr. Stevens, you have it under Exhibit A, or? Whatever is Exhibit A. Exhibit A, okay. This will be the, this will be the, the Notice of Rescheduling that we had from previous week, or the previous month. This will be the Original Notice of Hearing. You've seen all of these already, I presume, Mr. Brady? Yes, we have. Yes. This will be the Affidavit of Violation Request for Hearing, the code sections for the incident. Original Notice of Violation that was sent out on 521 of 2026. And then the following ones, we have the Pinellas County Tax Collector, which shows the address and the owner of the property, and the same for the property appraiser, and then also the deed for the property. The SunViz Division of Corporations, the Short-Term Rental Certificate of Use for the Property at 4545 Harbor Hills Drive, and then the Affidavit for Mr. Scott, which he will be testifying to today. And then another Affidavit from Ms. Sierra Foley, who will also be testifying to this as well. And then the Pinellas County Incident Report for the incident. The Airbnb for the property when it was not in compliance, which it is in compliance today. This is all those photographs? Yes. Okay, go ahead. And then for Booking.com, which is now in compliance. And the last page. Magistrate, the property is re-inspected on June 30th initially, and again on August 14th, and the violation continue. Phoneers were taken out, or the desk investigation was taken out. Could you give me a second? Oh, no worries. Yeah, I want to see. Okay. Go check it. I'm sorry. Oh, no problem. I'm sorry. Start again, 521. Magistrate, the property is re-inspected on June 30th initially, and then again on August 14th, 2026. And the violation for the minimum housing has been abated. Okay. The minimum housing has been abated? Yes. But the noise violation continues only because it's irreversible and cannot be changed. Got it. They were, I'd like to submit them as composite exhibit B, if I may. You're going to submit what as B? The continuing violation, or are you going to? It's to show that the Airbnb and the VRBO has been abated. Oh, okay. There's the Airbnb magistrate. Okay. And when were they abated? They were abated. I did my desk investigation on the 13th, and they were abated at that time. 13th? Of this past month. August? Yes. Okay. And I spoke to Michael, who is to my left, and him and his company were able to bring in compliance at that time. Oh, okay. Go ahead. To show that everything is in compliance. That's it. I got it. And the VRBO. Magistrate, the county requests that you find the property in violation and issue an order to have the property brought into compliance. The magistrate, the county is asking for a finding of the fact for Code Sections 22319 and a fixed fine amount of $1,000 for the Code Section 58444. Okay. So let me just, so just with regard to the short-term, the minimum housing, okay, I guess technically is what it is, right? Yes. They're in compliance. What are you seeking there? The finding of the fact, just the cost of, just the court costs. Oh, okay. All right. Yeah. You were going through all of them. It was too fast for me. They came into compliance. They came into compliance, and you're good with that, and the cost, right? Under all the advertisement, that's correct. Okay. So now take me to the next one. For the noise ordinance. Yes. I have 444. Let's go to 444. Go ahead. Yep. And that includes the two minimum housing, right? Do it split up to the two, right? Yes. Okay. That's correct. I'm good with this. Let's look at the noise ordinance. Go ahead. Yep. Noise ordinance. We've had several complaints on this property stemming back years and since they were in there. We have multiple witnesses that have made several different complaints on this property since for just noise complaint for parties and loud noise, loud ruckus, noise that cannot be irreversible, only for the fact because once it's done, it's done. It happens in short periods and then it continues throughout the night or throughout the day, disturbing the residents within the neighborhood. And if I would, I'd like to call a couple of witnesses via Zoom if I can so you can get their point. Okay. Let's put your case on like that. Before we do that, I just want to, Brady, with regard to the minimum housing violation, the county is seeking the finding of fact and costs, okay? Are you opposing that? You know, I am opposing that as my due diligence on behalf of my client. But, you know, we did find, I believe my client will testify and let you know that, you know, he went on to these bookings and did find that there were a few clauses and provisions. And adjustments that needed to be made to come into compliance. And so we're not, we're here for the noise mainly is what I was hired to do. Well, that's what I'm trying to say to you. I don't want. Then I'm just going to put a case on for every one of those lines here. That's what you're going to do. If you don't want to do that, then go through every line of that and do that. You mean that he's going to read the ordinances? No, he's not going to read the ordinance. I'm going to ask him to show me where the violation is in each one of those things. So I can, then I presume you'll do the same thing. Just asking him. Just give me one second. The only thing my client is willing to stipulate to is that on the advertising, we had a, the DBPR license, the number needed to be updated from 2025 to 2026. His position is other than that, we don't believe there was a violation. We're not, we don't want to agree to pay any fines or. He's not seeking a fine. He's seeking the costs regarding. Right. Yeah. And we don't, we don't agree to pay that. Okay. Then we'll put the full case on that. The, um, okay. So you can start with, uh, you want to do the noise first. You can do that. It's up to you. Yeah, we can do the noise first. Does he have witnesses? Yes, sir. They should be waiting in the, it should be, uh, Mr. Scott. Yes. Give me a second here to pull his affidavit out. Can you see that counselor? I mean, what's the easiest place for him to, him to see behind him? Is that the, over there? I don't know if they can see him on the monitor too. That's right underneath the papers. Officer Stevens. I don't know if you have, is there, you see anybody there? No. It appears to be off. Okay. That's okay. Don't, don't worry about me. He'll be on the screens and in the back. We'll make it work. Okay. Uh, who do we have here? Officer? Brian Scott? Mr. Brian Scott. Matt Street. Let's get him up on the screen. I, I think I most likely have Nancy Sear Foley. I'm looking at. Is that Nancy? No, we can do her as well. You want to do her first? Yeah. Uh, ma'am, could you, uh, state your name for the record? Uh, good morning. My name is Nancy Sear Foley. And, uh, could you raise your right hand, please? You swear or affirm that any testimony you get today be the truth, nothing but the truth? Absolutely. Thank you. You could proceed. Thank you. Thank you, Madam Chair. Ma'am, did you, uh, file a report for this property? Yes, sir, I did. Okay. And what, what kind of, uh, complaint did you make? Uh, there was a, I have. Uh, three complaints. They're all on different days, but within the same rental period, May 14th, 15th, 16th. Do you want me to read those aloud? Sure, if you'd like. Okay. Um, inordinately, inordinately loud and raucous gathering of at least 15 to 20 people, at times there were more. Uh, there was a, uh, uh, bullhorn, dancing, games, which, and screaming, they had a bachelorette party. And, um, then there was alcohol-fueled, uh, shouting, and there was nudity in the pool. And, uh, there's a little bit more that I would like to, to add to this, if I'm allowed to. Um, but I'll, I'll await instruction. Ma'am, just so I could follow your testimony here, we're talking about May 14th now? Uh, May 14th was, where they were loud and raucous. They, they arrived on the 5th, uh, around 5 o'clock. If you could just take me through each day, one at a time, I know it's kind of the same thing, but if you could just take me through the three days. Surely. Um. And if you want to make comments that it's on other days, fine. I just want to follow your affidavit. Okay. Um, why, I want to go back to a little bit, uh, um, regarding a relationship with Michael Lester. I mean, when we bought the house in 2020. I just want to go over the affidavit first, ma'am. Okay, sure. And I'll let, I'll let the officer, you know. Okay, I'll pay attention. Testimony. Okay. All right. On the 14th, um, a group of people arrived and around five o'clock in the afternoon, uh, we heard, um, uh, what was like a, a, a frat party, but they were like saying chug, chug, chug, and they were clearly having a drinking session in the, in the, um, uh, the garage, which was converted, I guess, into some sort of game room. Um, and then at, uh, eight o'clock, okay, we, we figured, all right, it's, the carnival crew showed up again. We're just going to hang tight. We're not going to raise the flags with Mr. Lester, who gave us his number in case it was any issues. And he's been very good. Okay. But at eight o'clock, we realized it was no, there's not going to cease. So I emailed him and I said, Michael, you know, this is going to get lively or worse to that effect. And, uh, he said, I will have my team keep an eye on it. And it, it was, they, they got quieter, but then it would ebb and flow. And so it was a little out of control. Okay. You want me to move to the 15th? And who do we have on the screen next to you? Oh, it's my husband, Terrence Garvey. What? I'm sorry. My husband, Terrence Garvey. Mr. Starvey, I'm going to have to ask you to get off the screen. You can't offer, give her advice while she's testifying, please. He was just witness to a lot of this stuff. I don't know whether they want to call him or not. He's, I just don't want to help. I'm going to keep the record clean there. Sure. Go ahead. Okay. So on the 15th, you know, uh, we got through the night and, um, on the 15th, I was outside gardening and they, the group of girls and two gentlemen started and they were all day, all day with, uh, loud music, with bullhorn. They were playing games. They were, uh, screaming and, and we're literally 20 feet from their pool area, which is what, how, when this all happened, right? So we didn't know we had the ability to call the Pinellas County Code Enforcement Officer. We only thought that applied in the evening time after 10 o'clock. So I was relying on Mr. Lester to, uh, to help us out. And whenever he, his team made the call, they got quieter, but this group of people, all right, because of the amount of people in there, okay, they didn't care. They absolutely did not care. I swear to God, Mr. Lester could sit with them and that would be the only reason why they would be quiet. Okay. So the 15th, we had all day, all day. And then it rolled into, then, then, um, that night, that night, uh, Mr. Scott came home and his wife and, and he tried to speak to them to say, Hey, can you tone it down? And they basically ignored him. They absolutely ignored him. So then on the May 16th, which was the last day of their stay, um, it was a Saturday. Uh, they were having an all out get to, they were doing it all, man. They were eating the food. They were drinking their booze. They were, uh, screaming, shouting. They were out on their dock. They were up on their deck. Okay. Um, for the whole time. And, um, I was expecting somebody to come flying off it. And I wouldn't have, at that point, I was so angry. I wouldn't have cared. Anyway, at one point I heard there was a girl and saying to the, one of the young men, you put your clothes back on, you're nude, you're in the pool. My God, he's got no clothes on, right? Now, what makes me believe this is there were three girls that were part of this group that were out on the dock that were terrified, terrified they were going to get in trouble. And they were going, we are not going back up there because they're not. And then I heard another girl saying, well, if you're going to take my clothes off, I'm taking mine off too. So thank you for the code enforcement officer for showing up. I know they came the night of, I think, the 15th, and they rounded them up and said, okay, and the girls were heading out. But, uh, that was, that was my take on everything. Okay. And I'm sorry I got loud, sir. One question, Ms. Cefali. You said Mr. Scott. Yes. He's our neighbor. He owns, that's, Mr. Scott is, is who you, regarding this property, that's the problem? You said your neighbor. You live, you live next door to the property, right? I do. I do. I'm trying to figure, 4545 Harbor Hills is the problem, right? Correct. And when you said next door, is Mr. Scott, is your other neighbor? Yes, he is. Okay. He's on, he's on the Zoom today. This is in a corporate name, so I didn't know if Mr. Scott was the principal of the corporation. No, sir. I'm just trying to follow you. Okay. So it was your other neighbor. Okay. Thank you. Apologize for interrupting. I'm just trying to get it straight. Okay. Ma'am, you stated that you live 20 minutes or 20 feet from the property, and has this been an isolated incident for you, or is that a continuation? No, it's ongoing. And it's sad to say this, but, you know, the only piece we really had was when Helene came through, and the place wasn't rented for, for, you know, a few months. But it's this property, Mr. Scott, Mr., I mean, I'm sorry, Mr. Lester has done his level best to be responsive. He has signage everywhere, but you can't control the people that are in there. And when you have more than 10, which there always is, right, then you lose control of it. And he can't, there's only so much he can do. So the problem is, and it's a four-day rental, four days. And I've been in contact with Mr. Lester about this. You know, we try to keep it out of the county. We try to resolve it between ourselves. There's only so much this man and his team can do, right? So the problem is, they have four-day rentals. They start, you know, and you can be guaranteed, right, now there have been some good rentals, I will say, some good ones, okay? But you can be guaranteed that the first and the last night are going to be hell. And so every fourth day, we hold our breath here. And our quality of life and our neighbors are shot. And this is long before, long before we moved in, okay? And long before Mr. Lester became the new management company. I can't even imagine how this place was running before he showed up. But there's a problem here. It's a chronic problem. And it's beyond Mr. Lester, okay? It maybe goes to what the ordinances should be. Maybe there should be a minimum, you know, rental period of two weeks, you know? Or, but this four-day stuff, either jack it up to $10,000 a night, and maybe we get some decent people. But when you're only charging, you know, $500 a night or $1,500 over the weekend, divide it by, you know, 10 people or four families or whatever, that's peanuts. So they're not going to care. And they're never going to come back. And they're not going to respect our neighborhood. And we bought this not knowing this existed. And, you know, we put a lot of money into this house. And there's a lot of beautiful families, beautiful homes, okay, that live in this cul-de-sac. And we shouldn't be subjected to this. I just don't want to object to this testimony. It's completely irrelevant. She's just bad-mouthing vacation. I'm going to sustain the objection. It's not responsive to the question. Just relevance. Yes. It's not really relevant to the noise. Well, maybe for argument later or whatever. But go ahead, counsel. I know that you testified that you filled out an affidavit. And the items that were on the affidavit, are those true for that date? And how has this affected you and your family? We're afraid to have people come stay with us. We are afraid. We have a family with a young girl coming from England at the time, okay? And we were in fear that, and I actually expressed this to Mr. Lester. Like, you know, what's going to guarantee that, you know, we're not going to have a problem, you know, with our family being exposed to the people that rent here? So it is, we live, I don't want to say we live in fear, but we dread. We dread every weekend. And the holidays are the absolute worst. The worst. The worst. Thank you very much for your testimony. I appreciate it. I have nothing further magistrate. Mr. Brady? Ms. Brady's going to ask you some questions. Thank you. Good morning. My name is Charles Brady. Can you hear me okay, ma'am? Yes, sir, I can. Okay, great. You spoke a little bit about your history with the property and speaking with Mr. Lester. And you've communicated with Mr. Lester in the past, you had mentioned, correct? Absolutely. When we first realized we had a problem and we tried to handle it ourselves and it was going unnoticed, how we came in touch with Mr. Lester is the house went up for sale. And it was a real estate agent. And I figured, you know what, I'm going to reach out to the real estate agent to see if the owner could intervene here. And so I sent an email and nothing. And about a few weeks later, a gentleman called me. His name is Michael Lester. And he said, hi, I'm the new management company for the property. And we understand there's problems and we want to make it right. And so I said, well, I'll tell you what, Mr. Lester, why don't you come out to the house and see for yourself our situation? And he did. And he spent an hour and a half with us. And it gave me hope that he could understand our position and our neighbor's position. So he gave a number. He said, make sure your neighbors have this. He said, call me before you get the county involved. He said, and hopefully we can mitigate it. He has loaded that house up with signs and warnings and everything else for the tenants to say, you know, please be respectful of the neighborhood. Please keep the noise down. They have noise meters there. And it's beyond him now, sir. It's beyond him. Yeah, I understand that. You know, you had mentioned that there was issues before the purchase and after you met Mr. Lester and he took over. But have those issues improved since Mr. Lester, you know, took over the management of this property? By and large, they have. Okay. They have done so. All right. But you can't control. It's, I would say that for, it's 50-50. 50-50. We either have good or bad. And I hate to keep calling Mr. Lester. I hate to keep emailing him because I don't want to cry wolf all the time. I don't want to be, he'll quit answering my call. So I only wait until it's really, really bad. And this was really bad. Okay. Have you called Mr. Lester in the past? Yes. But you didn't, you didn't call him here. You only emailed him? I email or text. Okay. But why, did you think to call him in this case to get him to act on this and take care of it? Or did you just email him? I think no. I think I, he's very responsive, I will say. I did call him and it had, there's like this newfangled voicemail system and I wasn't sure I got him, but then he called me back. And I don't know if it was related to this or another tenant that we were having problems with. Okay. And you, you generally let Mr. Lester know whenever things get out of hand, if it, if it gets excessive and, and you did so here by email, right? Correct. And the issue here was that there was a bachelor's party with some nudity and some drinking in the backyard. It was bachelorette. Okay. There were at least 12 girls and two gentlemen. How do you know it was a bachelorette party? Because the woman was talking about her wedding. She had games going on, answering questions about, you know, what her childhood bedroom color was. Did you speak with her directly or are you just listening from the other side of the fence? It was a bullhorn. You could, the whole neighborhood could hear this lady. And what about the nudity? Did you observe that directly or did you just hear that from the other side of the fence? I heard it from the other side of the fence, engaging about what the girl's reaction was that were sitting on the dock. I believed it completely. And the drinking, did you observe that? All day. All day. They were carrying bottles up and down to that deck thing they have up there. To the best of your knowledge, is it against the code ordinance to throw a bachelor's party, be nude in your backyard, or drink alcohol? It is when it offends me. Okay. It is. These rentals really offend you, don't they? These short-term rentals, these four-day rentals, right? Well, here's the thing. And when they have 20 people in a house, or 25 or more, they do. Okay? And you counted, you sat and counted the number of people? Yes. And looked over the fence, or just walked, walked to the front door? Oh, they all stand on the dock. You can count them. You don't have to go far. What about, did you consider calling the police about this, or did it not rise to that level? We did. We were advised. That's why you have the affidavit in your hand. Okay. And what did the police tell you? They showed up, and they controlled the situation, I guess. Okay. Did they say that there was an issue that required any enforcement action on the police department's end? Well, that's up to them. I really don't know, you know. I really don't know. I mean, they, you know, it's boilerplate lease that Mr. Lester could evict with one infraction. He can. Okay? I'm a real estate agent. I spoke with my broker, and I said, what would you do in a case like that? And she said, he has every right in the world to evict on one instance. And so, there you go. I don't know. I don't know what to explain. I don't know what to say. Okay. I understand. I just wanted to ask one more question. You had mentioned that you really fear the people that are coming in and out of these homes. Can you explain that a little bit more? What's so scary about these people? Is it just because they're staying four nights instead of staying for at least 30 days? Sir, when you had alcohol. I have to see the magistrate. Objection. David Barrera, county attorney's office. We have left the realm of relevance at this point beyond the noise ordinance. Counsel, you haven't even identified yourself. Yes, I just introduced myself. David Barrera on behalf of the county. I got that, but not to me. I was having code enforcement. I'm fine. I know who you are, Mr. Barrera. So, you represent the county. Yes. Okay. So, you're objecting as to the relevance? Yes, Your Honor. Our magistrate, at this point, I felt that I needed to step up and object. I was letting code enforcement present the case, but at this point, we have left relevance on what is the noise issue. What's your response to the objection? One, she opened the door to it. And two, it is completely relevant. As you could probably guess where we're going with this. It's to impeach her credibility. She's just anti-vacation route. There's no noise issue here. There's no decibel monitor that was reached, and there's no excessive noise. It's just she doesn't like that people are having fun next door, and it upsets her. Okay. And she's afraid of them. Magistrate, wait, not admissibility. Yeah. Continue asking your questions, and I may cut them short. That was actually my final question. I thought it might be. Go ahead. If she, ma'am, do you need me to repeat the question, or do you want to answer that question about your fear of the tenants next door? Well, if you add alcohol to 15 to 20 people, you're going to get loud. You can't help it. You add music, okay, it's going to escalate. People can't talk to each other, so they shout out over each other. They shout over the music, and so, yes, there is a noise problem with this home. Thank you. That's all the questions that I have. Thank you, Madam Stranger. If we can have Mr. Scott zoom in up on the screen. Mr. Scott, Brian Scott. Good afternoon or good morning. Good morning. I haven't sworn to you yet, have I? No, sir. If you could be kind enough to raise your right hand, sir. Do you swear if I'm any testimony you give today, be the truth, nothing but the truth? Yes, sir. Thank you. Your witness, sir. Hi, Mr. Scott. Officer Stevens, how are you today? I'm doing good. How are you doing, Officer Stevens? Good. Did you file a report for this property at any time? Yes, sir, I did. Okay. And where do you live in retrospect to this property? We're at 4509 Harbor Hills Drive, which is two doors down, two doors to the east. Okay. Has this been an isolated incident for you? No, it is not. Okay. And did you fill out an affidavit for your complaint? Yes, sir, I did. Did you take any video for this case? Yes, sir, I did. Okay. And if I may, can I play the video and can you walk us through it? Sure. Mr. Brady, you've seen this before? I have not, but I don't have any objection to having not seen it. I had an opportunity to know who purchased these questions. So that actually, Officer Stevens, is not my video. That, I believe, is Nancy's video from her surveillance. Okay. I think there were two videos attached that came from her surveillance system. And then there was one that came from my cell phone that I took on my dock. Okay. I don't have that one. Let me put this video that was taken by Ms. Canafari. I'm going to play it. This is whose video? The other witness. Oh, okay. The one that just testified? Nancy's, Sierra Fowley? That's correct. Okay. Okay. Let's not turn on the video. Yep. It's all the way up. You mean the sound? It's not the audio people? Right there. All right. Try right. That's all the way up. That's all the way up. Can't help you. I'll turn that. We can come back to the video. Okay. If we can have audio fixes, please. Mr. Scott? Yes, sir. Can you walk me through your affidavit for the days? Yes. So on the 15th, we actually heard the noise on the 14th. I didn't include that in the affidavit because I knew Nancy included that in hers. But on the 15th, I wrote a large, loud group of people staying at the short-term rental, playing drinking games, yelling, screaming, and cheering. So on the 15th, I called code enforcement. And then that was at about 7.59 p.m. And then on the 16th at about 8 p.m., I just went straight and called the sheriff. And the video I sent, I believe, was from the 16th right at about 8 p.m. It was a 30-second clip. And I have actually three 30-second clips, you know, taken in succession that all pretty much show the same thing. And how has these incidences affected your family and yourself? It's been a couple of years now. And my wife actually went over there on the, I believe it was on the 15th, and talked to the group and asked them to keep it down. Because we had two guests staying with us. One was a six-month-old baby. And the other is my wife's daughter that was recovering from brain surgery that she had a few weeks prior at Moffitt Cancer Center. So it was really, and she was here to rest and recover. And the noise was just very much affecting the quality of life that weekend. And this has not been an isolated incident. I've had to call code enforcement, and I've had to call the sheriff out here on more than one occasion to address loud partying at that short-term row. Thank you, sir. I'm going to try and attempt to play these clips again. This is from the Pinellas County Sheriff's Office body cam, where you're going to be in. This would be 930 at night, officer. Hello. Hey, how's it going? I'm good. How are you? Good, how are you? So I got a complaint because noise carries it nice at night. I guess people were up here. If you guys are outside, the noise goes forever, especially in a neighborhood like this. Some people go to bed early, that kind of thing. So if you're going to have a good time, Airbnb, I guess, right? If you're going to have a good time, stay inside for me so that doesn't travel. I don't have any more complaints. Does that work? Yeah, we'll stay inside. It's a lab like then. Are you guys staying? No, that was fine. Are you guys staying the weekend? Yeah, this was last night. Oh, that's okay. Okay, just I get a lot of complaints like that from time to time because, you know, you're having a good time, but it's in a neighborhood. Yeah, yeah. No, we won't go outside anymore. Do your best. Yeah. Thank you. I appreciate it. Yep, take care. Hello. How are you doing? I'm good. How are you? I'm doing. I'm Brian. Brian, I'm Vic. Vic. Nice to meet you. Yeah. I've been to this house a bunch. Yeah, I'm sure. Because I work in this area, so I don't know what's going on with this house, but someone's going to have to talk to the owner or something. So we have changed things a little bit in the county areas. The rules for Airbnbs are a little loose. They tried to tighten them up. Tighten them up. It's not enough. But when we come to these calls, we have a, I guess I'll call it a division that looks into these kinds of things. Right. So they keep track and they notify the owners and that. Yep. It's just, it's super hard because a lot of these are not owned by people anymore. They're owned by corporations. And yeah, so it's hard to get a hold of people. So we're trying. But yeah, if you guys ever have any problems, I'll come over. They seemed okay. It was more a family thing this time. Just a lot of, a lot of girls. Yeah. So you get the noise, right? So I told them to stay inside if they want to have a good time and that's it. They don't bother you guys that way. All right. And they're leaving tomorrow. So we'll see. I hate bothering you guys with this. No, no, no. If you have a problem, call. I'm completely happy with that. You know, just, I've been to some of these. I've been to this house a few times where it was, it was going. Yeah. It was, it was loud. There's a lot of people. So. Yeah. Between a lot. Oh, okay. Just, you know, I don't mind people having a good time. Just. Yeah. You're in a neighborhood. Yeah. That's why I always tell everybody, you're not on a farm, you're in a neighborhood. Yeah. Right. Right. Act like such. You know, but yeah. So if you ever need anything, let me know. Okay. All right. You take care of yourself. All right. Thank you, sir. Yep. Have a good night. Have a good night. If I may magistrate, can I play the other two videos from, from the other, other property? The other property. Uh, from the other witness. Yes. I apologize. That's okay. Just try to follow it. I don't make a mistake. Does it sound working or. It's in and out. I'll try the other audio file. Mr. Scott, are you still with us? Yes. Do you have anything else that you'd like to add to your testimony today? Um, I think that, that pretty well, um, that pretty well covers it. I, I just, just to reiterate it, it's, it's been an ongoing problem for, for a couple of years now. And, um, so much to the point that we've, we're actually considering moving because it's, it's just such a regular issue, um, that it affects our quality of life. And we just don't, we have a beautiful home here on the, here on the intercoastal. We love it, but when we can't go out on our dock and enjoy a sunset or grill, um, or just be outside and do whatever without that level of disturbance, um, it really causes us to question whether we want to continue to live here or long-term. Thank you, Mr. Scott. I have no further questions for you. Madam Secretary. Mr. Brady. Yes. Thank you, Mr. Scott. My name is Charles Brady. I just have a few brief questions. It might even just be one question. I, I just wanted to ask you, I couldn't hear everything that police officer said. He, what did the police say to you? Did, did you call the police first of all? Was it you that called them? I did. Okay. And what did they tell you? It seems, correct me if I'm wrong, but it seems like they investigated the scene and came back and spoke to you after they looked at the property. Is that correct? Sure. Okay. And, um, what did they tell you when they came back to you as far as, you know, pressing charges or moving forward with any investigation? Did they end their investigation there? What did they explain to you? I think you may be frozen. Yeah. Can you hear us, Mr. Scott? Can you hear us, Mr. Scott? This is the magistrate. Hey, can you hear me? Yes, I can hear you now. My, my, my, my Wi-Fi kind of flaked out on me there. I'm sorry about that. That's okay. Yeah, that's all. That's all right. I can repeat the question, Mr. Scott. I was just asking you when the police came back from investigating the home and they came back to speak with you, what did they tell you as far as pursuing the investigation? Did they end their investigation that night? And what, what did they explain to you when they came back and discussed with you? I mean, basically they just asked them to keep it down. And then they talked about that he'd been out there, that this house had been a frequent flyer of his. He's been out here several times and that the, uh, county had tried to tighten things up on short-term rental, uh, rules and that somebody was going to have to, uh, deal with the owner at some point in time. But that was pretty much about it. Okay. And then after that conversation, you said to yourself, there's, it seems like there's nothing I can really do but move. Is that right? That, that's what we're considering doing. I mean, it's, it's been such a regular nuisance for us that it affects our quality of life to the point that we just want to have quiet enjoyment of our property. I mean, we have a right to that. Thank you, Mr. Scott. That's the short-term rental routinely disturbs that. Okay. Yeah. That's all my questions. I appreciate you. Can you redirect, sir? Uh, not at this time. If you, if you wanted to, no, any of the witnesses? No, not at this time. Um, Mr. Brady. Yes. I just have Mr. Lester to testify. Just a few questions to ask him, if you don't mind. I believe Mr. Lester's already been sworn in. We'll share a microphone here. Mr. Lester, when did you, uh, can you tell me about your background with managing this specific property? What's your history with them? Yes. So, um, I am aware that this property has had issues in the past. However, that was largely before we took over as the management company. I think that was something that, uh, Nancy, who, uh, testified first, indicated as well. Uh, so we took over in May 2025. Since that time, we've made a lot of changes to the property. We have internal noise monitoring. We have 24-7 external camera monitoring to ensure that there's no excessive parking. There's no parties. There's none of that. Uh, we have a 24-7 guest, uh, support line, which the neighbors are welcome to call if there is an issue. Uh, when there are issues, uh, we do get involved right away. Um, I am under the county's, uh, requirements, the responsible party for the property. And when called, I do take action right away. Um, and I think that's helped to mitigate most of the issues at the property. Um, can you have a question? Yeah. Yeah, no, that's perfect that you're actually segueing into my next question. I wanted to ask you about the reporting procedure. If there were an issue with noise at any property, imagine, including this one, what, what would, what would happen? So if there is an issue and it's detected on our noise monitors, uh, if it, if it raises above a certain decibel level, we're automatically notified. And then we automatically, I'm sorry, not automatically, but somebody from my team would reach out to me, uh, or the guest or, and the guest to make sure that that's immediately taken care of. Um, the same with, if there's a notification from a neighbor, if they call me or they call the main line, we'll start checking the cameras to confirm if there is an issue and then take action immediately to notify them, um, up into, um, I can't remember who mentioned, I guess Nancy may have mentioned it, that we do have the ability to kick the guests out of the property. Um, and we do let them know that that's, uh, that that's going to happen if they don't follow the rules. What, what specific equipment do you have at this property for the purposes of monitoring things like noise and maybe occupancy or any other violations that might, uh, potentially occur? So we have a, I believe the brand is called a minute, M I N U T noise monitor, which measures the decibel levels in the property. Uh, there's also, uh, external cameras. I can't remember the, the brand of cameras. We use, but there's like a, a remote CT TV, uh, that are on the outside of the cameras to look at the front for parking in the back to make sure that there's no, uh, parties going on back there. And some of these devices, like the noise monitor, does it give you a, uh, text message, email? What kind of notification would it give you if there was a spike in noise or unusual activity? So there's both an email notification as well as a, um, an app, in app notification, which my team monitors 24 seven. And on May 14th, 15th and 16th, did you review the noise and the email? Did, did you find any spike in noise or any violation from your records using any of your devices from on May 14th, 15th or 16th? No, on, on those dates we did not. We did have notification from, um, the neighbor, Nancy, um, I'm sorry, I can't remember Nancy's last name, um, Nancy the neighbor, um, that there was an issue. And at that time we did reach out to the guests, um, each day that there was a complaint, we reached out immediately to have that noise, um, mitigated. Um, when, when Nancy called, did you review any video footage? We did review the video footage. Um, I believe on one of the evenings they had a, um, like a dinner party on top of the deck. And that may have, you know, contributed to some of the noise. Um, however, we didn't see anything that was, you know, unusually, you know, loud more than any other neighbor might have at their house. And Nancy calls you, did you take any steps to resolve this issue when she called you? Yes. So immediately upon receiving any complaint, we take immediate action. Um, I'd say within five to 10 minutes, we're reaching out to, uh, solve the problem. And with this case, did you feel any need with these guests to, did you, in your professional judgment, you've been doing this, uh, for a while with the, why don't you tell us that real quick? How long have you been managing short-term rentals and, uh, in what geographical area? Is it all here? Yes. So, um, about six years experience, um, primarily in the Orlando and Miami markets. Um, but since 2020, uh, May 2025 in the Tampa Bay, uh, Pinellas and Hillsboro markets. And, and, and in, in your professional judgment, was there any further action needed with these guests or did you feel that just speaking with them was enough? Um, I, I do know, um, that we did have to reach out on multiple days, as Nancy said. So the first day there was a complaint, we reached out, solved the problem. Um, second day, same thing, we reached out, solved the problem. Um, and we were in regular communication with the guests to try to keep them under control. So, um, is there anything else you'd like to add for the, uh, board to hear? Yes. I know there was some allegation about nudity. Um, this was actually, I was actually really surprised. It was the first time I had heard of that. Um, I did not receive that in any text messages or emails or other complaints regarding, uh, nudity itself. So I was, I was surprised to hear that. Um, so I, I don't, um, I, I'm not sure, I'm not sure about that one because I, I had not heard that before this, before today. And just in, in your review of all the footage and the noise and calling these guests and going to the property yourself, did you see any violation of noise or have, see any evidence that there was actually either a too high of a decibel rating or noise that went on for too long? No, we did not. There was, uh, our decibel meter never got tripped in this case. There was no, um, there was no notification given for these, these dates. What was the other part of the question? Um, I don't know. Oh, and there was no, we didn't see any party. There was no excessive parking. Um, there, there were no, I actually don't even think they had cars. They may have Ubered from the airport or something like that, but we didn't see any evidence of a party. And did, did anybody call you during the course of the guest stay? I thought that they had, she had said she just emailed you. Did you get a phone call from anybody? Uh, no. So, so it was all by email or, or text message. That's, that's all I need. Thank you, Mr. Weston. That's all of our witnesses and evidence. Any cross counselor or officer? I'd like to move forward, magistrate. Can I just have a question for you? Can I just have the last word here real fast? Whoa, whoa, whoa, whoa, whoa, whoa. Are you calling her? No, I did not. Okay. No, I, I jumped in. All right. I'm going to ask you to just pop out for a second, okay? I'll let you, if he wants to call you to speak, okay, you'll have to go through Mr. Barrera, the officer. Okay. I'm getting ready to ask a question, ma'am. Okay. And I recognize people to speak. Okay. Mr. Lester, this external noise, I presume it keeps this information? I mean, do you erase it each day or something? No, but it does stay for 30 days, so I was trying to actually get the, the record for the noise monitor, and unfortunately, by the time I got the hearing notice, it was after the 30 days, so I no longer have a record of the noise monitor. You know, I'd be asking that question. Yeah, I did look for it. Okay, so what was the date of the notice, officer? That was the, I believe, the 15th, I believe, for me. 15th is, you know, I'm talking about, I'm not trying to make an argument here, I just want to, when the notice went out, I mean, I can look it up here, it's in one of these papers. Yes, the, the affidavits were for the 15th. They went out on the same day it happened? Yes. Yeah, that's what I'm looking at. I see this affidavit of violation, 521, right? Right, so this is going out, am I getting this right, five days after May 16th? No, the affidavit did not go out, that's a period, oh, the affidavit from the, from the complainants, it did, yes. These went out, right? Yes, that is correct. Is it, and they went to, uh. Notice of violations. Notice of violations, I'm sorry, you're correct. It says here, owner information, it went to them, right? That is correct. And the other party, like in one of these, is always, is Dennis, that's who, got your notice of violations. I don't think so. I think the first time I saw, yeah, the first time I saw the affidavits themselves. No, no, I'm not, please, sir, I'm trying to get on these notice of violations. You just said you didn't get anything in the mail for 30 days, that's what I'm looking at. Did he get these in the mail? Yes, we, we send them in the mail, magistrate, they have a, um, we, we send them to the, to their legal address. The owner information's right there, DVR? That's correct. In the Hellandale Beach, then it says other party. Dennis Goheed. Who's that? Goheed? I believe that he is a part of the management company. And then there's... He's part of your management company. So, in other words, on May 21st, these violations, notices of violations went out. And you didn't get them? I got the initial notice of violations, but the... Well, when did you get them? It's time here. You said you didn't get them for 30 days, so that's why it's a race, so I'm asking you. I received this, but this, um, this didn't seem like it was as much of an issue. It seemed more about the listing compliance and things like this. Um, the affidavits I actually only received in July, and by that time there was, you know, no time to, you know, it was after 30 days. Okay, so these are minimum housing, this is, uh, minimum housing, and, uh... Minimum housing. I'm sorry? They're all minimum housing. They're all minimum housing. Okay, so when would the violation go out in the noise? The notice of violations for noise, it's going to be through the affidavit, and then it goes directly to, um, magistrate, in which we send out an affidavit. When did, when, do you know when the first time that they would get this affidavit? The owner or, uh... So the first time we saw it, it was taped to the... To the property in July. I'm asking... Yeah, that's correct. When we, when we submit it out, we send it out to the property owner and the, and the management team. Uh, they get it in the, um, they get it in the notice of affidavit, and what we do is we post the, the property for that itself. Okay, but it... That will take some time, right? That is correct. It will take the 30 days. Yes. Okay, I'm just trying to see what's, you know, there's, you know, there's a tape, there's a machine here with a tape of noise, and nobody seems to have it, which, you know. Um... Yeah, we did, we did look for it. It was just unfortunate. I got it. No, I got it. I appreciate that. Uh, okay, your case still, right? Yes. Are you done? Yes, I am done. Mr. Br... I'm sorry, Ms. Brady, do you have any other witnesses? No, just closing remarks. What's that? Just closing remarks. Um, okay, I'm going to let you, Officer Goer, Mr. Barrera, however you want to do it. Thank you, Magistrate. I'm going to let, uh, Officer Stevens speak to the facts. I'm just going to inform the Magistrate as to the requirements under County Code, if that's all right. That's fine. You can let him speak, or you can ask him questions on those facts, whatever's easier for you. Uh, no, Magistrate, I'm just, I'm just here to make sure that the County ordinance is, um, well discussed, and that you're very well aware of why we're here. Uh, so, Magistrate, the noise ordinance is in, is found within Pinellas County Code in Chapter 58. Uh, Magistrate, I'm going to walk through the applicable noise ordinance, uh, specifically 58-441 is our definitions. I have these in front of me, so go slower. Go ahead. I got it. Great, thank you. So, our noise ordinance defines itinerant or transient noise, means a noise whose sound pressure level exceeds the ambient noise level for a short or non-permanent duration or while traveling from place to place. The term itinerant and transient may be used interchangeably in this article. Irreparable or irreversible means a code violation that, due to its nature, lacks a legal remedy or cure or prevents the county from adequately enforcing the violated code provision. The terms irreparable and irreversible may be used interchangeably within this article. Loud and ruckus noise is noise of any nature that is produced, reproduced, transmitted, or allowed to continue in such a manner as to unreasonably disturb, injure, or endanger the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity. Further, Magistrate, we turn to 58-442, Declaration of Necessity, specifically paragraph 2. It is found and declared that the making, creation, or maintenance of such excessive, unnecessary, unnatural, or unusually loud noise, which are prolonged, unusual, and unnatural in their time, place, and effect of use are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the county. Specifically, the making of such noise in an itinerant or transient manner can be of equally detrimental effect because there is no way to cure or reverse an itinerant or transient noise disturbance once it has occurred. Such a violation is of irreparable or irreversible nature, requiring different enforcement mechanisms than non-itinerant or transient noise. 58-44 speaks as to the general prohibitions. A. No person shall make, continue, permit, or cause to be made or continued any unreasonably loud and ruckus or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons or ordinary sensitivity. Factors which shall be considered in determining whether a violation of subsection A above exists shall include but not limited to the following. And I'm going to call the magistrate's attention to paragraphs 6 and 9. Whether the noise is itinerant or transient in nature, or the violation is irreparable and irreversible. And 9. Whether a noise complaint as set forth in section 58-446 has been received by the county. 58-445. Specific acts considered to be unreasonably loud and ruckus noise. Any of the following acts and causes thereof, whether continuous or itinerant in nature, are presumed to be in violation of this chapter if they meet the definition of loud and ruckus as set forth in 58-441. This enumeration does not constitute an exclusive list. And magistrate, I'll just call your attention to subparagraph 3. Yelling, shouting, whistling, singing, or any other noise consistent with parties or gatherings or used to attract attention. 58-446 specifically speaks to noise complaints. Noise complaints may be submitted in writing to the county and shall include the name, address, and telephone numbers of the complainant as well as the identity and address to the extent known of the person responsible for the loud and ruckus noise and a description of the noise. The written complaint shall be in the form of an affidavit made under oath before an individual authorized by law to take acknowledgements upon receiving one or more complaints involving loud and ruckus noise related to the same property or person. The county may take enforcement action pursuant to section 1-8 or as authorized by Florida Statute Chapter 162. Noise complaints shall be undertaken only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed in the area affected by the noise complained of. If a violation of this chapter is caused by noise that is itinerant or transient in nature, the violation is presumed irreparable or irreversible and the county may issue a citation or notice to appear without providing a reasonable time to correct the violation as authorized by Florida Statute, specifically 162.23. Lastly, section 58-455, areas embraced. All territory within the legal boundaries of the county, including all unincorporated and incorporated areas, shall be embraced by the provisions of this article. Where a municipality has adopted noise standards, the municipal noise ordinance shall govern. Lastly, Magistrate, the county noise ordinance regulates in two ways, the loud and ruckus standard and the decibel standard, both of which are constitutionally authorized. We are here today under the loud and ruckus standard. With that, I'll turn it over to Officer Stevens who can discuss the facts of the case. Thank you. Go ahead, Officer. Take your time. Thank you. Magistrate, the magnitude and time associated to investigate these cases, not only by our agency but also by Pinellas County Sheriff's Office, to include manpower throughout the week and the weekends associated to the short-term rental agreements that they rent to other parties. Again, we need to come to some type of agreement with the management company and the people that are coming in here and disrupting our neighborhoods. So I ask for your – to take a look at our case closely and try to make the right decision based on that. We said we need to come to some sort of agreement. Did you mean that generally? It would be the management company and the parties that they – But you haven't been able to do that yet, right? Yeah, unfortunately we did. Okay. So that's – okay. Go ahead. Yeah. You were saying, look, it would be nice to come to that, but you're way beyond that now. I need to make a decision, right? Okay. Appreciate it. You're welcome. Let me just say a few points here. I think we all heard the same thing. I've read it probably 20 times, but that's okay. If you allow me to make a little – Just tell me again. Go ahead. I want to make an argument and try to persuade you that there wasn't any noise going on here. And my client, you know, with what he saw, his testimony alone shows that, but also you can impeach these witnesses on what they said and the video footage. Let me start just – he talked a lot about, you know, us remedying and fixing the issue, whether it was fixable or not. And the point I was actually making about that was an argument that if it really were that big of an issue, Nancy would have called. The police would have called. Somebody would have called Mr. Lester. He's designated as the 24-7 person. And if they would have – and as you see, he did. He took action. Whether it was needed or not, he always takes action. With the advertising and the issues with the listing, he immediately communicated with Steve and Mr. Sellers and, you know, corrected those. And that's who he is. I don't represent clients that aren't like that. If you point out an issue, we correct it. And this issue – and in this case, you know, there wasn't even any noise issue. And we still took immediate action and went out there. And, you know, if you watch the video with the police officers, you can see these people were not unruly. They were very kind and nice when he said, hey, not legally required, but why don't you just stay inside and stop bothering the neighbors? They said, okay, we'll stay inside. They don't have to stay inside. They could have hung out in the pool and grilled. But they agreed to because they're not problem, you know, troublemakers like they're made out to be by these witnesses. A lot of these – you know, the videos we can talk about, you know, that obviously the volume was very quiet. They weren't telling. I didn't even ask to look at them before the hearing because I knew that. There's not going to be sufficient evidence to tell audio. And the question is, why wasn't there a decibel reading? Why wasn't there some kind of evidence taken to show this? Why didn't she have the video that actually had the audio? Because I believe that that evidence is unobtainable. It couldn't have been obtained because it didn't exist. We have our monitors that didn't go off, and I understand that the loud and raucous standard doesn't require a decibel reading. But the question is, you know, still without one, we're kind of left with just the evidence of the witnesses and what they're saying. And my personal attitude about it is, you know, you have a next-door neighbor that's sitting there watching the front door, counting the people, listening on the other side of the fence, knowing what's going on. This is not somebody minding their own business. This is not somebody who's bothered by unruly activity that's going on for an excessive amount of time. No code enforcement officer or police officer is here and saying that they heard excessive noise, and you don't have any other evidence to go off of just on what they're saying. The one last thing I wanted to point out was that, you know, with her testimony, she said some pretty inflammatory things about vacation rentals. And as far as the four days go, it's completely legal. I know that there's a stigma against them. I grew up in Orlando right across the street from Universal Studios and Dr. Phillips, and my neighborhood is completely vacation rentals now. And it's heartbreaking. My little league's gone and everything, but the law is the law, and I'm here to stand up for it. And I believe that this is simply two people that don't like vacation rentals that decided they didn't like what was going on, and maybe they heard a couple woos, maybe a little bit of celebration, but there's nothing against the code against doing anything that they did. They weren't that loud. They weren't loud and raucous. They weren't shooting guns or fireworks. I didn't hear any blowhorns. I didn't hear anything really loud. And if there was a blown horn, if there was that, you'd think that she would have had video footage of it. So I question and I ask you to find that there was no noise that requires any fine or violation against my client or the owners who do everything they can. They do everything they can here, and they always will. And in this case, I don't believe that they did anything wrong. Thank you. Okay, let me just speak to my court for a second. I need to consider the public portion of this closed, but just stay there. After hearing all the testimony from both the county as well as the neighbors, I guess the only comment I want to make is I think everyone's been heard. It has been more than ample opportunity for cross-examination. And I've been amazed that with all the technology we have now, no one's bringing me noise, you know what I mean, one way or the other. But there's reasons for all of that at the end of the story. I mean, but it surely seems like, and I'm convinced, especially from what the officers said there, that this has been an ongoing problem. So I'm going to fine them in violation, the respondent in violation, and institute a fine of $500, okay? And I'm also going to, and also charge them the cost of the prosecution. And she's going to prepare that order now, and we'll give it to you within a few minutes. Understood. Thank you for your consideration. Thank you. Thank you, Madam Secretary. Are you also on the other case? I think it's back-to-back. Sorry about it. No, you don't have to pre-acologize to me. All right, well, let's just do it then. We can wait on the order then, right? Right? You good? We can go through now? I mean, I'm fine. All right. Item 3, rescheduled from July 20, 2026, Department Code Enforcement Matter, 22-319-I-1, 22-319-I-2, Minimum Housing Code Violations. 58-444-NO, Noise Ordinance Code Violation. Case number, CCM-26-00061. Officer E. Stevens, owner DVRS-14, LLC. Notice address, DVRS-14, LLC, 7259 Vaughn Road, Seminole, Florida, 33776. Violation address, 7259-131st Street, Seminole, Florida, 33776. If you could identify yourself for the record, please, Officer. Yes, Officer Stevens, Pinole's County Code Enforcement. And good afternoon, Charles Brady, on behalf of the respondent, the owners of 7259-131st Street. And I'm accompanied by the management, Michael Lester with Casciola Management. Okay. Mr. Magistrate, the property where the 11th is. I've got to swore you both in again as much as I hate to do that. Okay. Mr. Lester? Yes. Raise your right hand, please. Both of you swore a firm that the testimony gifted in this case would be the truth and nothing but truth. Yes. I do. Go ahead, Officer. You didn't mean to interrupt. My apologies, Magistrate. No, that's all right. The property where the alleged violation exists is 7259-131st Street, North, Seminole, Florida, 33776. Located in unincorporated Pinole's County, the owner of DVRS-14, LLC, is present and represented for today's hearing. The violation has been in the current since or before June 1st of 2026. I would like to enter the notice of rescheduling, notice of hearing, affidavit violation, composite exhibit A into evidence, which includes the notice of violation, Pinole's County tax collector, property appraiser, deed, division of corporations, short-term rental certificate, affidavit on a reasonably loud and ruckus noise, and for multiple subjects, and that'll be it. I'm going to let you proceed. You can make objections along the way if you have any to the documents. I do stipulate to everything other than the affidavits just to make things easy. There'll be a notice of rescheduling in there also, I take it. You want to put that in? If he's fine, you can put it in his package. I just want to give me a second to go through it. You want to put it in his package? I'm fine with that. He has it. If you want to point something out. I have a full copy of everything. I would like to go to Exhibit B then, if I could. Magistrate, the property was reinspected on June 26, 2026 initially, and then again on August 14th of 2026, and the violation for the minimum housing has been abated, but however... Okay, now you say initially and then you... Give me that date of June 26th again to help me with it. Yes, June 26th, that was my initial re-inspection for this property. Initial re-inspection. Yes. Okay, go ahead. That was because we were rescheduled. Okay. And then again on August 14th. August 14th. Which was this past week. Right. And that was a desk investigation in which I found that the violations had been abated. Okay. And I did that with communication with Michael, the property manager. But again, in this case, we also have the open noise violation. Go ahead. Like when they showed Exhibit B in compliance and the VRBO. Now you're showing me that they are in compliance? That they are in compliance and it has been abated magistrate. As like the previous case. I'm sorry. Yeah. Magistrate, the county requests that you find the property in violation for the noise ordinance and issue an order to have the property back into compliance. Magistrate, the county is asking for finding of the facts for the code sections 22-319. And a fixed fine amount of $1,000 for the code section 58-44. Any additional objection to the documents or do you want to let them proceed with his witness? As long as the witnesses are testifying, I don't have an objection. No, there's not going to be any witnesses, just the affidavits? There's going to be four witnesses. Oh, okay. One via Zoom and then three present in the courtroom. Okay. I have an objection to the witnesses. I'd just like to preserve that there's an issue with cumulative witnesses and it seems that there's just four witnesses all saying the same thing. I'm not sure what variety of testimony they're offering, but there is an evidentiary rule, and I know that those are laxed here in this setting, but there is an evidentiary rule that would prohibit prosecution from bringing, you know, a bunch of witnesses that are essentially just saying the same thing. It ultimately ends up just being redundant evidence. I'm going to roll the objection. I want to hear what they have to do. Generally, what he's going to introduce them, for what purpose I may, you know. Understood. Thank you. This is a noise case. It's not a crime. Go ahead. Thank you, Your Honor. Do you want to do the Zoom one first just in case we move them? Or should we do the Zoom person first? Yes. Let's do the Zoom person first. I believe that's Ms. Kathy Bush. Do we have her somewhere? Haitians is having issues with the Zoom. I don't know if it said, they just said the Zoom computer just crashed. How about we do the other three witnesses, and then we'll address that issue and see what you want to do. Thank you. I'd like to call the first witness to stand. That would be Mr. Hurst, Thomas E. Hurst. Mr. Hurst. What's the first name? Thomas. Thomas Hurst. How do you spell Hurst? H-I. All right. Hurst. Okay. Mr. Hurst, if you could raise your right hand. Do you swear if I'm to any testimony you give today, but the truth, nothing but the truth? Is there an affidavit in here? If you just give me a second to pull it out, okay? Oh, sorry. Here it is. Ms. Hurst. Go ahead. Mr. Hurst, did you file a report for this property at any time? I did. The noise was on May 16th, and then I had to go to the bank to get the affidavit notarized. And then I emailed it to your department. Okay. And do you have a copy of that with you today? Or do you remember it off the top of the ad? No, I don't have the copy. Okay. Where do you live in respect to this property? I live on 74th Avenue, and the distance from my back porch to the house is several hundred feet. It's basically 500 feet, and I have a copy, a picture of it if you like. So, this is my house. This is the short-term rental. And the best way I can describe this is I walked out on Saturday morning, a cup of coffee sitting here in my gazebo. And you all have been in a traffic light before, but somebody pulls up with a great big bass speaker just going off. And that went off all day long, yelling and screaming. And I left, came back to the house at 3 o'clock, and it was still going on. So, if you know what I'm saying, when somebody pulls up their light and has that big bass speaker and you're going, wow, don't they have a job or something? It's crazy. So, that's basically my complaint. I did not, at that time, know to take any videos or audios, but it was all day long, just thump, thump, thump, and yelling and screaming. And that's basically it. When you let you fill that map of David, is that your app of David? That's me. Yes, sir. If I may? Please. It's part of the package. Go ahead. Yes. Would you repeat what's on that you're complaining? Loud music, music, yelling and screaming. Noise and behavior continued all day until the police arrived in the late afternoon, 516 of 26. And my complaint was from 9 o'clock until 5 o'clock in the afternoon. I know that you haven't taken any video for this property, but how often does this happen? Oh, it's been going on. When I moved to this location in 2020, there's an old affidavit in 2023 for the same property. It's just like in the other... Recording in progress. In the other videos that we've listened to or testimony we've listened to, it's the same repeat thing. It's too many people, too loud, all day long. And I'm just going to ask you one last question. How has this property affected you and your family? Well, when I left that morning about 10 o'clock, I was out going to open houses. You're going to... You have to go... I'm going to an open house looking for a new place to move to. Okay, I got you. If this is going to continue like this forever... I came home after that, and I was reassured that it was still going on. So, that's how it affects me. I can't go outside. Just basically, it's just too much noise all the time. Thank you, Mr. Hurst. I have no further questions for him. Mr. Brady? Okay. Thank you. I'm all right with it. I don't think I need it. Thank you, Mr. Hurst. Just a few questions for you. The noise complaint you're complaining about, it happened on this one day. Is that May 15th? 16th. 16th. It was a Saturday morning. Okay, and it was in the morning. During the daytime, do you know what hours you witnessed it? I was going from 9 o'clock to 5 o'clock as I put in my deposition. But you said you were gone all day in the middle of it. Okay. Well, it was on when I left, and it was on when I got home. And you said when you got back that somebody had reassured you that it was still going on. No, I walked back outside. You reassured yourself that it was. Yeah, I walked back outside in my backyard, and it was still going on. There's three other witnesses in this case. Did you speak with any of them before you filed your affidavit? Did you speak with Hillary Simpson, Kathy Bush, or Ian Mirney before you filed your affidavit? Kathy is my next-door neighbor. Okay. Did you speak with her before you filed the affidavit? Did you talk to her about this complaint? That's two questions. We can break them apart if you want. Did you talk to her about this issue? Yeah. I said, Kathy, do you hear the noise? Did you talk to her about it before you filed the affidavit? Yes. Okay. That's all I needed to know. Thank you for your time. In fact, I gave her a blank copy of the affidavits to fill out. Okay. Okay? Yes. So, here, you heard it, too. Happy affidavit. That's all we needed to know. Thank you, sir. Have a good day. I'd like to call my next witness, please. Please. All right, go ahead. I'd like to contact Ian Nierney to the stand, please. Magistrate, if I may interrupt, we already have Zoom. It's working again. Do you mind if we do the Zoom next, just in case we lose it? No, not at all, please. Excuse me, Mr. Hershey. Nemi. Okay. Yeah, let's do the Zoom first. Ms. Bush, you with us? Yes, I am. Ms. Bush, James Bassey, the magistrate, could you raise your right hand, please? Yes. Do you swear or affirm that any testimony you give today would be the truth, nothing but the truth? Yes. Thank you. The officer's going to ask you some questions. Hi, Ms. Bush. Yes. Hi, how are you? Good, thank you. Did you ever file a report for this property? I did. Okay. Where do you live in respect to this property? I'm around the corner, but the back of my house and the back bedroom, there's nothing between my house and that property. Okay. Has this been an isolated incident for you, or is this an ongoing? No, it's been ongoing. We refer to it as the party house. Did you fill out an affidavit for this case, and do you have it with you? I do. I have a copy of it with me, yes. Okay. Did you take any video or anything at this address or property? I did not. Can you tell me what was in your affidavit on that date and time? Sure. So my daughter and I, with her two young kids, we walk in the neighborhood when the weather's nice. We were out walking that morning and stopped at a house across the street from the residence, because there were some neighbors out there talking about the house. And I saw that there were at least 10 cars parked there, and I thought, well, here we go again. So I continued on with my walk, and sure enough, it was like all day long, screaming and yelling in the pool, and it just got to be too much. I mean, I have a three-year-old and a one-year-old here currently. And to put a child down for a nap when they're going, what is that? What is that? What is that? I have to turn on the ceiling fan, a floor fan, and a sound machine. That's how loud it can be. You told me how it affects your children, but how has it affected your family and yourself throughout this process? Well, it affects us because you can't go outside and sit and relax because the noise is so loud. But I have an old house, and when I'm in the house, I can hear that noise. Now, I mean, I'm quite a ways from Seminole High School. I hear the game on Friday night if I'm sitting in my living room or in one of the front bedrooms. I can hear the band practicing. The difference is they do that for a couple of hours, and then it's gone. These people that are at that house, and it's not all of them, but it's a lot of them, when they show up with that many people, they're just screaming and yelling, and it just doesn't stop. And how far do you think that this property is from your home? From the back of my house? My property is 300 feet deep. From the back of my house to them, I mean, I don't know. I'm guessing maybe 400. Okay. Is there anything else in your room? Because the houses west of me have very narrow properties, but they're long. They're deep. That's why there's nothing between the back of my house and that property. Is there anything else that you wanted to add to your testimony, Ms. Bush? No. I have no further questions for Ms. Bush. Magistrate? Mr. Brady? Hi, Ms. Bush. This is Charles Brady here. I only have two questions for you. Well, hopefully just two. Mr. Hurst said he had spoken to you and given you an affidavit. Is that accurate, that you received an affidavit from Mr. Hurst in directions? He did. He gave me a blank affidavit to complete. Okay. And would you have filed a report? Would you have filed an affidavit had he not given you one? Yes. Okay. And did he? I actually, he gave me one. I actually asked him for a copy because I did not have one. Okay. And you spoke with him about this incident before either of you filed an affidavit? Yes. And you agreed that this was a big enough issue to report it to the code enforcement? Yes. Okay. Did you take any steps to try to remediate the issue yourself or did you just skip straight to, like, did you talk to the guests? Did you call any management company or did you simply go straight to code enforcement? I did not call the management company and I did not go through their gate and up to that door to knock on it. I wouldn't do that. I don't know who's in that house. In your affidavit, you said that there was 10 cars parked out front. Is that accurate information? Do you, are you still committed to that statement? Okay. Just wanted to do a further. So, you believe that there was over 10 cars at this property? Correct. Okay. Nothing further. Thank you. Gentlemen, I just have one question. Appreciate it, Ms. Bush. Just one question. Yes. Mr. Hurst testified there was this thump-thump and a yelling and screaming and then you put loud noise and screaming. Was it music playing? Is that the thump-thump? Was it music playing doing this thump-thump? Do you know what I'm saying? As well as yelling and screaming? It probably won't, it was music playing. Right. So, this, okay. So, there was music playing plus people yelling and screaming. Yes. Am I getting that right or not? I'm not one of the words you meant. I'm trying to figure out what this is. You know, he said thump-thump yelling and screaming. You said loud noise. I'm trying to figure what, you know, this constant old, well, in other words, was the music very loud in and of itself? The music at that house is always very loud. Okay. All right. Thanks. I just wanted to get a feel for it. Your Honor. Yes. May I pull up a photo of the front of the house with the vehicles present? Sure. Is this what you saw? I can't see it. During the day? I don't think, where, what are we looking at? Okay. Oh, we almost, there you go. So small, it's hard for me to see. It, there were more cars than that there. I have no further questions, Your Honor. Do you have any questions about that photo? Are you good with that? I'm okay. All right. May I call my next witness? Yes. Thank you for your time, ma'am. Thank you. Thank you, Ms. Bush. May I please have Mr. Nierney approach the vest, please? Oh, I'm sorry. State your name for the record, please. Ian Nierney. My apologies. Could you raise your right hand, please? Do you swear for him that any testimony we give today be the truth and nothing but the truth? Yes. You can put your hand on that. Thank you, Mr. Nierney. Did you ever file a report for this property? Yes. Okay. And how often does this occur at this address? Quite frequently. Probably at least once a month. Okay. And where do you live in respect to this property? I live on Hibiscus Avenue, which is not next to the property. I'm kind of, I have a, excuse me, I have a property, Hillary and Matt Simpson's property, between my house and the property in question. So about 300, 200, 300 feet away. And on this date, did you ever, or the date after, did you fill out an affidavit for this incident? Yes. Okay. And do you have that with you? Yeah, I have a copy of it. And this is what you're saying on that day? Yes. Okay. Can you elaborate on what the term loud music and party means? So, and this is quite common with this house, where I'll walk outside in the backyard and I hear, similar to that thump, thump, thump, it's definitely a bass, bass music. Okay. So it's music that. Yes. So it's noticeable music. There's been other incidences in the past that have just been similar, especially with this property. And how does this affect your property with you and your family? Yeah. Well, we go outside to enjoy our backyard and we hear it quite frequently, like I mentioned, and so it'll be kind of that eye rolling moment, like, oh, here it goes again. We don't know what to expect. There has been instances, incidences in the past that go on really late. Sometimes there's been hired DJs that, that I have contacted here. This is, I don't know when the property exchange hands in terms of management, but, but I did contact Airbnb support about. And it's just a, it's just kind of a constant thing. I'll be putting my kids to bed and they'll be like, what's that noise? Or we'll hear it in our bedroom, which is on the opposite side of our house. So more than 300 feet away, and we'll hear it through our block home. And it's, it's, it can be disturbing. Okay. And do you have anything else to add? No, just, just that. Okay. That concludes my questioning for Mr. Brie. Ian, I just want to ask you, did you, before you filed your affidavit, and when did you sign your affidavit and submit it? I think it was on the 19th. 19th, just a few days after. Yes. Okay. And when you did, did you have time before that to speak with Mr. and Mrs. Simpson or any other of your neighbors? Yes, I spoke with my neighbors, yeah. Okay. Did you speak with Kathy Bush or, uh, first? I met Tom today. Okay. Not those two, but you spoke to the Simpsons. Yes. Yeah, we're next door neighbors. Okay. Did any, did you speak with any other neighbors? Okay. So, uh, it's just you and the Simpsons that had an issue with the noise, but none of the other neighbors came out to see anything? No, other, other neighbors that are walking their dogs, they'll be like, oh, did you hear that, but it's, it's known in the neighborhood that that is, that is a noisy house. Okay. But nobody else filed a complaint that you know of, just you and Hillary. Uh, well, that date seems like four people did, so. Well, I meant of the people you spoke to. Right. Yes, correct. Okay. All right. Thank you, Ian. I appreciate it. Yeah, thank you. If I may magistrate, call my final witness, please. Uh, Ms. Hillary Simpson. How are you doing today, Ms. Simpson? Hi. Is there an affidavit on this, or is this, like, okay. Uh, that's kind of hard. State your name for the record, please. Hillary Simpson. Ms. Simpson, uh, do you swear or affirm that any test we get today be the truth, nothing but the truth? You put your hand down. Go ahead, I'll switch. All right. Um, did you ever file a report for this property, Ms. Simpson? Yeah. Okay. And, uh, where do you, uh, live in respect to this property? Um, I am an adjoining property owner, so my home sits, uh, in their, uh, just outside their backyard. We share a fence line, so their back, the back of their property adjoins the side of my property, where my backyard also sits. Okay. And, um, has this been an isolated incident, or has this, uh, happened multiple times? This has happened on numerous occasions. This is not isolated. Okay. And, um, I see that you filled out an affidavit. Um, did you take any video for this date? I did. Okay. Um, Your Honor, if I may show the video and have her walk us through this? You may. This is going to be taken from your exterior camera. You've seen this, Mr. Brady? Mr. Brady, you've seen this? No, but I've had an opportunity, Mr. Barrera. I was, uh, you know, kind enough to make sure I had an opportunity to be in there. I'll get, you know, all the time needed to watch it. Go ahead. Now, is volume on here? I can't control the volume back there. And where's this in respect to your, your article? That is, uh, our western property line, um, and, uh, you can see me in the video. This is our external, um, security camera, um, and that is as I am taking the video from my iPhone. So, in front of me at the bottom portion was your house and over the fence is the other house? Um, if you, uh, pull, you'll see it, but, um, there's a tree that essentially marks where their property starts and then everything, all of that greenage, uh, foliage that you see, that's a, a 10-foot chain link fence that borders their basketball court. Okay, so, is this you in the photo here? Correct, that's me. And, and I see this wood there and the fence I'm looking at. Correct. Okay, you're on your property now, right? I'm on my property. On the, on the other side? Yes. Over the fence is the other property? Correct. If you see through those, um, two tree limbs, that is the other property. That fence is, um, on their property, it borders their sports court. So, they have a basketball hoop there. Um, outside of that is their pool area. And then it's a nice, it's a... That gives me a feeling for the distance. Yeah, yeah. And you can see this, um, white building here. Um, if you, uh, are walking down that pathway, you, you see the white block there. That's actually a building that we erected to try and block some of the noise. I don't see any white pathway or anything. No, so, um... That must be... I don't think... Where I walk behind... I think the... I must have a much smaller picture. That's okay. Um, you'll see me coming out. I'll shut you. Right, uh, you see me there? No, I don't. Nope, now you're out into the picture. Yeah, so see that white building, that white behind you? I don't see anything white behind you. It's like a triangle. Oh, yes, yes, I do. That's actually a building that we, uh, erected to try and block, uh, the noise. Can you try to describe to me where the noise comes from? Start it. Uh, so it comes from behind... This white triangle over there? Correct. So I can't really see the, the, the property within a... You'll see it in my next video. Oh, okay. Well, then go ahead. Oh, wait. My apologies, Yara. I just wanted to point out that we built a building... I was wondering why I was looking at this first. Go ahead. ...to try and help, uh, mitigate noise issues that we have at this property. No, I, I, I got... All right. This is my pathway, this is my home. Oh, okay. This is the pathway to your house? Correct. All right. Oh, I hear the noise. Okay, got it. Is that noise coming from the left? Uh, it's coming from straight ahead, right through that chain link. Oh, I got it. Okay. Now, is the property right over this fence? Correct. That is their sports court. Got it. And I'm standing on the line. A base. And that's the front of my property, obviously around the side and to the back of my property. And then you showed that thing, you put that up to kind of stop the music. Yeah, correct. We did a lot of research on noise abatement, uh, and how to, uh, mitigate that issue. And that was, uh, thought to be our best course of action. Expensive. And lengthy. Can I ask one other thing? Does, does the noise always seem to come from the same amplifier or do the people bring different, you know, some people bring... Yeah. I'm not, uh, I think it varies. Okay. But I'm not... Okay, got it. I wouldn't, I wouldn't be able to testify that. Yeah, sure. That's fine. All right. And how long, um, how has this, you know, property affected you and your family? I know financially with having to build the secondary, you know, piece onto the property, but how does it affect you and your family? Um, so it's affected us a good deal. Um, I have two small children, a five-year-old and a four-year-old, um, who have, you know, we've been living next to this property now for, uh, the past, uh, three and a half years or so. We, we moved into the property long before that. We've been there a total of seven years. Um, and so obviously we raised our kids in this house, um, but once, um, the home next door to us sold, we started having a lot of issues related to, um, just excessive noise next door, um, so much so that obviously we, uh, we went as far as to build a building because like my other neighbors, um, had mentioned, we, we considered moving. Um, but I was born and raised in Seminole, just a short, uh, hop, skip and a jump from where we live now. Um, and it, it just didn't feel right to not exhaust all possible options, um, before taking that leap because it is a great area for my kids, uh, to grow up. We live very close to their school, to the beaches, to things that we enjoy doing for hobbies, uh, the water. Um, and so we've taken, uh, a lot of precautions on trying to mitigate this. So we have exterior fountains now that we put on, um, if noise occurs, we have sound machines that we have in all of our, um, sleeping areas. Um, my children sleep in the portion of the house that is closest to this property and we, we also can hear it inside, um, of our homes. We've gotten quotes to get, we have double pane windows now, but we've gotten quotes, um, to increase those to hurricane windows, um, to be triple pane, sheerly for noise reduction, not for, um, hurricane safety. We erected this building to try and, uh, regain some of our use of our outdoor areas. Um, in front of that building is also our pool area. Um, and there have been times on occasion where we have actually left our home because we felt it wasn't safe for our kids to be near that environment. Um, and so, you know, I just, I could speak up here for a very long time as to how it's affected me. Um, and we're doing everything we can, uh, to help mitigate the issues and, um. I have no further questions, uh, magistrate. Mr. Brady. Yeah. Thank you. And thank you, Hillary. I got a couple of questions for you. Um, how many, if you had to take an estimate, and I probably, I doubt you know this exact number, but how many times have you called the police on this property? Greater than 50. Greater than 50. And how many times have they, sorry, over the, just three and a half years, over 50 times, how many times have they taken action and what action might they have taken? To keep the noise down. Um, we actually, uh, just like some of my neighbors mentioned, the properties in our neighborhood are kind of, they're uniquely shaped. Um, so the house in question sits about 200 feet from the public roadway, um, from 131st street, and it's a large two-story house, 3,600 square feet. Um, and then behind it, uh, is the pool, um, the patio area. The patio area actually has two external block walls on either side of it, and then of course the sports court. So, our home is probably about 60 feet from, uh, their pool area, but again, from the public roadway, it's 200 feet back. And then all that noise occurs on the other side of the home. And so we've learned, uh, along this journey that we actually have to invite the police officers onto our home to witness the noise at the nearest adjacent property line. Um, because once you turn down hibiscus, you often can hear the noise, but it's very rare that you'll hear the noise in front of that home on 131st street. Um, we've done a lot of advocacy to help, uh, to help make that more apparent. So, um, we've worked with community policing officers. We, I think, had a picture even installed, uh, submitted for this home that shows where our house is in terms of where their house is. We asked deputies to come on to our home. Um, but that becomes very exhaustive, um, because we have to then wait, uh, usually it's about an hour or so for a noise, uh, response. It's, right, we're calling the non-emergency police, uh, line. And so we're waiting now. Um, and then we have to meet them, um, allow them onto our property, take them back to where the noise is occurring. And then we have to ask them to do that before they make contact with the renters. And then they go back and make contact with the renters. Um, and so frequently they ask them to be quiet. Um, but unless they get, well, yeah, so frequently they make contact and they ask them to be quiet, be mindful that there is a family that lives next door. That's really helpful context. There's a lot there. But I guess what you're saying is that the police just go and they talk to them and that's all they ever do. So they're not, they're not really that helpful in these cases, are they? We, our experience has, it has not been the most, it's been a reactive response, but it doesn't help, uh, when the next renters come because it's a new group of people and the police officers even tell us that. I can ask them to be quiet, um, but they're just going to leave and new people are going to come. And that's often the reason we are told they don't write tickets, um, because it's not going to help the next renter. These are often out of town guests. And my understanding is that for, uh, in a situation like that, um, they, uh, out of town guests aren't going to come back to the, to hear the ticket. And so it's just, uh, unfortunate circumstance. That's a lot there. Um, you, uh, called, is this your first time attempting a code enforcement, uh, affidavit? Okay. You've done, you've tried this avenue before. Utilize this avenue when it's available. Okay. Frequently then. Um, the new, the code has changed. Um, and so it hasn't always been an accessible, uh, avenue. So we write noise affidavits when, when we're able. How many would you say that you filed against this property? How many noise affidavits against this property? I wouldn't be able to tell you, uh. More than 10? Um, it's probably around 10. Okay. That's. Maybe less. Um, did you ever attempt talking to any of the guests on any occasion, or do you just skip straight to calling the police and the code enforcement? No. Um, we do attempt to contact the guests when it's appropriate. So, back when this first started, January, I want to say of, it was either 20, I think it was 2020, either 2020, I think it was 2023. Don't quote me on that. It may have been 2022. Um, when we first started having issues, um, with late night parties that would wake us up in the middle of the night, um, the police actually told us that our best route of enforcement was self enforcement to ask the renters to be quiet. Um, and so we did that for a short period of time. That was our, uh, go-to. We would, you know, say, hey, if a family lives next door, um, you know, we're trying to sleep, can you please keep it down? Um, and then we were actually verbally threatened in March of that year. Um, my family was threatened. And so then, from then on, we stopped making any contact with renters. Um, and as of late, we have, uh, again, when appropriate, we will ask the renters to just keep the noise reasonable, remind them that there is a family that lives next door. Okay. Um, did you, uh, put any signs up for, uh, anti- Objection, Your Honor. It has no relevance on this noise case. It was, so you got to the point of, did you put any signs up? Yeah, she has anti-vacation rental signs in her yard, and I'm impeaching the witness on that basis. It's personal bias. Let, let him finish the question, and I, uh, what's your question? Have you put up signs in your yard that are anti-short-term rental or vacation rental, defined as 30 days or less? I'm going to allow that question. Go ahead. We do have a sign out front of our yard at present that says, Don't motel my neighborhood, um, and has the phone numbers for the short-term rental hotline, the non-emergency police hotline, and the code enforcement, um, number. Um, as do some of my other neighbors, um, it's not, it is, yep, but, so we have that sign, is there? Yeah, that's, I'm not, I'm not questioning. By the day of this noise ordinance, that was the sign that existed. What, what was, when you say that was? The, not motel my neighborhood out in front, a yard sign in front of our front gate. Okay, I was just curious, and I understand that there's, there's, is there just one sign up right now, or? Right now, there is one sign in front of our gate, and we now have a flag. And how many, other than those two that are up now, how many have you historically put up? There's two currently up. How many more have you put up in the history? Is there two more, three more, four more that you put up and took down, or? We've had a few different yard signs that we've put up. We've had a few other, perhaps, signs on the day of, at the time of May 16th. We had only had a variation of yard signs. They had different messaging based on what was available to us. And that was it as of May 16th. What, what efforts, other than the signs, have you made to persuade your neighbors to not support vacation rentals? I have not made any efforts to persuade my neighbors to not support vacation rentals. Did you speak with Ian before your affidavits were submitted in this case and convince him to submit a noise affidavit as well? I did not convince him to submit a noise affidavit. I do speak with my neighbor. I speak with most of my neighbors. And you, were you able to convince anyone else to submit a noise affidavit? I don't convince any of my neighbors to submit affidavits. Okay, that's fair. So you didn't talk to any of them and try to get them to add affidavits to this noise ordinance? I did not talk to them and try and persuade or get them to write a noise affidavit, no. Okay, this is a funny question. And you're, you're, it's going to seem a little out there. But did you like the song that was being played in that video? I actually don't know what that song is. I had, I hadn't heard it before. I still don't know what it is. It's a, it's a really great video. Is that an iPhone 11? Um, I don't actually know which iPhone this is. It's kind of old, I can tell you. I think they can, like, record whole movies on those now, can't they? I don't know. Are we going somewhere with this? Yeah, I'm wondering if the birds in the video bothered you as much as the bass. And if we could play the last 10 seconds of the second video or the first 30 minutes of the first video, you can hear birds chirping. And I'm wondering if they were as much of a disturbance. It's a great video, great audio. And we can hear music, which is not against the law to play music in your backyard. So I'm curious. Did the music bother you as much as the birds did? And can we play the video so we can... So, interestingly enough, I've done a lot of research on how to decrease stress, right? And actually, there's a lot of research out there, especially with noise pollution, that shows actually being in nature has a reduction of stress in the psyche. So, no, hearing the birds chirping, that does not cause me stress. But the degree to which the noise of the music was did create stress. Yeah, I actually don't like the bass too much either, but it didn't seem to bother the birds too much. Can we play the video? So, just so you all can hear, I heard birds at the end of the second one and at the beginning of the first one. I think it's persuasive. Are birds here to... Thank you. This is the part where we... I don't know if I might be here. It's just the very end of it. This is the part. That was the first video, right? Yeah, we're talking about the other video, right? Yeah, the other video at the very end. And then the first video, I think what I was hearing there might have been... I heard chirping, but I think there might have been technological chirping. There's a bird right there in the very beginning of that. You can hear them. Very beginning, and then there's some at the end here. That's it. Right there. Birds. The audio on the phone is loud enough to pick up bird noises, which is a faint noise. You're just picking up a bass off of music, but this isn't a good demonstration of what we would be hearing if we were standing right there. And also, it's not against the rules to play that volume or level of music. So, that's my argument to that point. Your Honor, if I may, ambient noise, the actual birds in the neighborhood would be considered ambient noise, noise that's already been there prior to a noise that comes in. And if you'd like, I can read the... Yeah, no one's questioning the legality of the bird noises, just that her video picked up that part of it. Yeah, we get the bird noises and I'm off. Hold on a second. No one's trying to get into the birds. We have a witness here. I'm going to give you time to argue later. Okay? Do you have any other questions of your witness, officer? No, Your Honor. Okay. Any additional cross-examination? No, I'm okay. That's it. Thank you. Thank you. I appreciate it. Any other evidence, officer, or documents of people? No other evidence or documents at this time, Your Honor. Now, we were at... Mr. Brady, are you going to have testimony? Yes, Your Honor. Mr. Lester does have a few questions he'd like to answer and testimony he'd like to offer for your consideration here. First, you know, just like last time, Mr. Lester, I wanted to ask you about your history. How long have you managed this property? And what devices have you put in place to monitor the property? Yes, so on this property, it's very consistent with the other one. We do have an internal noise monitor. We have CCTVs in and around the home, as well as a ring camera on the front of the home. We've been managing since May 2025. I am aware that there was a prior negative history with this property before we took over. My understanding is that things have improved since we've taken over. Yeah. Yeah, that answers that. And then the next question is I wanted to ask you about the reporting procedure. If there were a noise or any other issue at this property, what would theoretically happen? What's supposed to happen? Yes, so what will happen, either I am notified or our 24-7 guest support is notified, and then we reach out to the guests. In the case of this particular guest, do you want me to get into that already? Yeah, go ahead. Yeah, the first time I was notified, the guest indicated that the police had shown up. It was around 5 p.m. or so. The guest had indicated that the police showed up, and they were not sure why, because they didn't feel that there was any problem. They said that the police, in response, told them that this neighbor has called 4 or 5 times an hour sometimes with unsubstantiated claims, and that... Now, let me get to the time frame here. When did you take over doing this property? May 2025. May of 2025. Yes. And what you're referring to... Now, you're speaking about a specific instance here, right? This incident, yeah. This incident. This incident in question. The one in question. Affidavits. And you're saying who said... I'm kind of missing you. Yes, so the guest contacted us. The guest that were here in May on this date. That's subject to the affidavits. Okay, that's what I couldn't... Okay, so what did they say? So they told us that the police had responded. Okay, you say they told us. They told you? They told me, yeah. You were there. You spoke to the guests that were there on this date. I'm sorry, they told my team. Yeah, they told my team. That's where I was kind of going. Yes. Because you were saying I, and I was wondering... Yeah, sure, yeah. Okay, let's get this back. They told our team... Hold on, let's slow down. Let's slow down a second. We're on May 16th, 2026. Yes. Did you ever speak to these people that were in there? I did not personally speak to my team. Okay, but somebody on your team spoke to them. Yes. Who's that? We have 24-7 guest support, so unless something gets escalated to me that there's a problem, I don't personally handle it. My question was, who is that? Do you know his name? Is Bill Smith spoke to him? Bill Jones spoke to him? Who spoke to him? We probably have 15 people on that team, so I don't have any contact with him. Okay, so you don't know the name of the person that spoke to him? No, but we do have a... We have a transcript of whenever that communication has, and I've reviewed that transcript. You got that with you? Do we read? No. We don't have that, no. Okay, so a transcript is made, you don't know who it is, and you don't have that transcript? No. Now, how do you know what the transcript says? I've read it. When? I've read it whenever I received the affidavits. And what's your best recollection of this transcript? I'm sorry? What's your best recollection of this transcript? The transcript is that the guests had been visited by a police officer sheriff, and they were not sure why. They indicated that the police left shortly afterwards, but said that the neighbor has a history of making false calls to them. So I was actually hoping there'd be, like, a body cam or something like this for this one, because that's what was relayed to us, is that it was a false complaint. There was nothing... That's what your people at call left a message to you that you're reading? That's what they told us, yeah. Okay. So we were led to believe that there wasn't enough of an issue that had got escalated that I personally needed to take care of. No, you're not the defendant here. I got what you're saying. What you're telling me is I didn't take any more action from what one of your guest people put down on paper. Okay, go ahead. Yeah. There is a police report that's part of this. If there's any notes on that police report, I don't think they left a lot of notes. But I was hoping there was a body cam just like the last one, because that's most likely what would have been said with the guest. Okay. Go ahead. All right, Mr. Briggs. Go ahead. From that police report and the statement that you read, do the words false report ring a bell? Did you read those words in the transcript? Yes. In what context were those words used? That there's a history of making false reports. And this is what somebody else said and wrote down and you're repeating today? Okay, go ahead. And originally that was, it's alleged that the police officer is the one who said that, correct? Correct. That that's what the police officer explained to the guest. Okay. Were you, in this case, you were reached out about a couple of different compliance issues. Did you, how did you respond when you were contacted about any of the compliance issues with this property? I think it's, I actually can't think of specific cases where we were contacted. I don't know. Well, what about the advertising and, oh, the advertising from, yeah. With the, with the preliminary issues, when you were contacted about those, how did you respond? Yeah, we took care of it right away. Okay. And then why, why did you take any action to remedy the noise? So the first indication that we heard of noise on these dates was the guest indicating that the police had stopped by and that it was a false complaint. We did not hear anything before that. There was nothing on the internal noise, decibel monitoring. There were not an excessive amount of people there, so there was no cause for concern from any of the cameras. If, if there was a violation or some, some bigger issue that was reported, would you have taken action? Yes. If there were high decibel readings, if there were excessive guests on the cameras, if the police did notify us, we would have taken immediate action. But you don't have any of those decibel readings with you today, right? And you know the nature of this was a loud noise complaint. Why didn't you bring the decibel readings here? Your Honor, I believe that, I just, I believe he's answered that already. What he, what he explained was that we didn't get notice until June and by that time those I want to put that on the record. Okay, yeah, go ahead. Yes, so we only have the recordings up to 30 days in terms of the decibel readings and we were not, I think it was the first week in July that we received the affidavits. Before that, we weren't sure that there was an issue. We do have a couple of exhibits here. These were marked as Exhibit B and C. Let the record reflect them to show them to our code enforcement officer here, Mr. Sellers, for review and see if he has any objection. I'm going to ask Mr. Lester these foundational questions about his recognition of the photos and he'll explain that he took them himself and then I'll introduce him into evidence. Mr. Lester. I may have, Your Honor, I have no problems with it. They're irrelevant in this case. But go ahead. Okay. Mr. Lester, can you hold these for me? I just want to know, what are we looking at and how did these, let's describe what we're looking at first. Yes. So the first one is a sign. Can I see the first one? Yes. If I put it on here. Yeah, I got it. There you go. I'm going to copy and give to him. Thanks. So the first one is a legal sign that the neighbor had erected at the property. I can't give you the specific dimensions, but it's greater than the county code dimensions for having a sign, which I think is three by three. Did you take that picture? Somebody from my team took this photo when they were doing an inspection. When? That I don't know, but it was a code enforcement case, which we had code enforcement remove or request that that sign be removed, and it was. Was it before or after this? It was after this had occurred. It was May 16th. It was after this had occurred. This was after the May 16th issue. Was that sign up before May 16th? I don't believe it was. Okay. There were other signs, but not an illegal sign. With the other photo, do you recognize both of these photos? Yes. Okay. And do you recognize them as something a member of your team from Casio Management took and sent to you? Yes. And what is this picture showing? What are both of the pictures showing? So these are anti-vacation rental messages. Your short-term rentals destroyed our neighborhood, stay at a hotel, don't motel our neighborhood. Is that what the smaller sign says? Is that what you're reading from me? Or are you reading from the big one? A lot of the same. A lot of the same kind of stuff? Why don't you read the smaller sign? Yeah, I can't read see that. Yeah, the smaller sign, don't hotel my neighborhood, behave like your children live here. All right. And then there's a flag, which I think is also an illegal flag based on the size. Oh, on the left there. Okay. Yeah, with a lot of the same messaging. Okay, and I just want to move to admit these. They were pre-marked as B and C as our exhibits, and I want to admit them as our exhibits one and two in this case. Sir, do you want to object to that? The sign case has no relevance in this case. I was going to say, I'm not sure what's relevant about it either. Your Honor, I'm sure you're aware of the political issues surrounding vacation rentals. Well, no, I'm extremely concerned about it. This all seems to be put up after this incident, for the May 16th, right? Right, but it demonstrates a bias on behalf of the individual. That may have existed prior to them, and that's why they're doing this. Yes, and it's also reflected by the 50-plus admitted to reports, as well as the police saying that she does this all the time. For whatever value it has. Thank you, and Mr. Lester, I was just going to ask you if there's anything else you want to add about these photos or anything with the history of this neighbor for the board to hear. If there's anything else you want to add, this is your chance. Otherwise, we're done. Yeah, I think the neighbor has a history, the last neighbor that we spoke of with joining back here, a history of calling in as many possible complaints as she possibly could. I know when we initially took over, which was in May of 2025, there was an issue with the fence. I think we had put up a fence to try to block some of the noise or views or something like that. That part's irrelevant. We ended up taking down the fence. There was a complaint about noise pollution from the second floor. We had some lights that, standard lights, that, of course, shine outwards. We installed blinders on those. But I think there's what seems to be a perception of let's try to find every single possible thing we can to get this property shut down. And so it's constant calls, constant harassment, really. Mr. Lester, it's not any of the other neighbors other than Ms. Simpson, right? That's the only one that we have in front of. Just to be clear. I couldn't hear you exactly. I was just asking him, just to be clear, this is Ms. Simpson, that's the aggravator. The other three weren't filing police reports. They were just falling in line. So I just wanted to clarify at the end that that's not all for him, just Simpson. And I don't have any other questions for him, but. Is there any cross? No cross. Any other witnesses? No, thank you. Information officer? Yes, Your Honor. I didn't know if you wanted me to go through the noise ordinance again. No, I don't think you have to. Based on the information. Okay. Appreciate Mr. Barrera did. I know what the issues are, but if you want to highlight stuff factually on them, you know, please. Thank you. With that said, magistrate, you've heard the testimony of all four of our witnesses today. Based on the activity that goes on at this property to include the noise, the thumping, as they would call a base, that's continuous throughout this property. Also, it's the ongoing issue with multiple calls for services, as Michael over here stated, and then also by PCSO and our agency. The magnitude and the time associated to investigate these cases has been ongoing, and to include the manpower and, you know, having to man weekdays and weekends in order to try to come to an agreement with this. With that being said, I recommend the full amount of $1,000 for this case because of the magnitude of it. Yes, thank you. You know, I want you to consider a few things here with this case. And it happened in the last case, too. There's a lot of prior bad acts brought up, which is normally not admissible evidence, and we're relaxed in this setting. But think about some of the things she said and the effect that it may have had on you and understand that that's not admissible evidence, and there's a reason it's not. She made a lot of, a few of them did, but most of Ms. Simpson, a lot of inflammatory comments. She talked about toddlers. In the last case, they talked about a medical issue and how they're disturbed by this base. But all of that is not only inflammatory, but it's questionable testimony. This is just somebody who has a personal vendetta against these vacation rentals. She's spoken with her neighbor, Ian, and got him to also report. With Kathy, I can't help but to point out that she lied about the cars. We have video footage that shows that there wasn't that number of cars there. And Mr. Lester, I'd asked him before, and he said the same. He went through. There wasn't 10 cars there. These are just people that don't like what's going on at the property, period. And so they're lying about noise. And they're issuing hundreds and hundreds of complaints and hoping one of them sticks. And I believe it's your duty, Mr. Magistrate, to deny them and protect our legally protected right to rent these for less than 30 days. It's protected by statute. It's protected by the Constitution. It's a property right. We're not doing anything wrong. I understand they don't like it. I understand they don't like the music. I understand that bass can carry, but you don't hear any other noise but that bass. I hear birds chirping. Maybe you call me crazy, but I hear it. I hear birds chirping in a great footage, and I don't hear any other noise other than that bass thumping. And I would question how that sounds if we were standing there in person. I live in a city. We live in a city. We know what it's like to live with adjacent properties next to us. You hear music. You hear woo. You hear people jumping in the pool. It happens. It happens in the daytime, not during quiet hours. And there's nothing being done reckless here. And we speak to the guests, and they come back, and they say the police showed up. We don't even know why. They said, don't worry about it. This lady does this all the time. And the next thing we know, surprise, but we get this complaint. We have these four witnesses, and I'm looking through it, and I'm like, four? How can there be four? And then I start listening to them, and I hear the one guy say, why don't these people have a job? Why aren't they working? So he doesn't like the type of music he's hearing. He doesn't like the type of people there. You have Kathy who lies about the cars, and she colludes with them, and they agree. And on the other end, you have Hillary Simpson, who's anti-vacation rail. She's gone to all of our neighbors. Mind you, she could only get one other one to file an affidavit. And you know she's putting efforts out there. She's got signage up, and she's advocating to try to get these vacation rails shut down any way she can. She can't shut them down completely, so she's going to report noise every day and hope that you believe her. And I'm just asking you to, instead of believing her inflammatory speech and all of these dramatic stories of long history, but to look at this one date of May 16th and ask, why didn't non-investable machines go off? Why didn't anyone call? Why didn't the police write up a report? Why don't we have body cam footage? Why don't we have any other evidence to show other than her testimony and this bass thumping in a video where we can hear birds? Because that is, and the legal standards, the last thing I wanted to, you know, talk about is that it's really obvious, you know, in colloquial sense what we have here. You can either have a really loud, single, transient noise, like a firework, a big boom, or if it's not as loud, but goes on for a long time. And so, you know, my attitude is if you went over to these people and said, hey, your music's too loud, if it really was an issue, they would have turned it down or called Michael, but it wasn't. If it was a big enough issue, somebody would have called, but nobody did. And I think that really tells a lot about the gravity of the issue. So I don't think that the noise was so loud that you need to find this property owner. I think that, you know, I would appreciate it if you would consider all of the facts as a whole and isolate it to just this date and questioning whether on this date, not any time prior, any other instance, but on this date, do we have excessive noise? Anything else? Counting Russ. You would let one other shot if you want. Anything else? I'm good. Can I convince you? But no. No, I just forgot something. Thank you for hearing me. I'm going to consider the, excuse me, the public portion, excuse me, hearing over, and I appreciate everyone's professionalism here. I know it's a very important issue, and I know that from both sides. I'm going to, in this matter, I'm going to find that finding a fact on the initial, I guess it would be the advertising violation, okay, if you want me to put it on. I think we know what that is, but with regard to the noise, I'm going to find the respondent in violation and impose a $500 fine. Okay, now whether that's going to take you guys going forward, I don't know, but I'm going to find for the county on the noise ordinance, $400. And we'll put in about the advertising, I guess it is. You know what I'm talking about? Finding a fact on the, and they're both the same, okay, on the minimum housing, right? We don't talk about it, just this. Yes, and the noise, the violation amount is how much? $500, just like the last case, exactly the same. Are we going to do that now, both of these? No, we'll do them, we can send them to you. We have one. And cost included. And cost included, okay. Because I have one, but I don't have the other one, just this one really finished. We do have a joint stipulation that they've been here, they were just getting authorization. I need Officer Duvall to come here to sign the order real quick, and then if we can just, so they can go home or leave. What do you mean the joint stipulation? Joint stipulation, they did the joint stipulation like. Or a different one. Yeah, this is a different case. I'm just talking about these people. Oh, no, no, I'm sorry. No, no, no, I thought we were done. I'm going to keep them standing here. Sorry, no, I thought we were done. I'm talking about these people. Thank you, Magister. You've had enough. Sorry about that. Sorry about that. May I be dismissed? I actually want to ask it, would you please tell me if they're going to get this order, now, or not? You can email it to me. Yeah, I can give you the other one. Okay, well, that's all I was asking you to tell them. So you can send them home. We have to draft it, but we have to go to lunch. Yeah. You'll get one of them. We're not in any rush, believe it or not. Okay, I can send them to you. She'll send it to you. Thank you for your time and consideration. I hope you guys have a great rest of your day. I'm sorry? Do you, if you, the first one you can get it now, the second one is the one that, you can, I mean, we're going to send them either way. You're going to get both the other way. So it's up to you. I can wait for them together. Okay, perfect. Have a good day. Don't make me sign them today. They'll go out by tomorrow. Yeah, they'll go out by tomorrow, definitely. You're welcome. And we'll send it by email. All right. Now, this one is the one from before, right? It was a typo, right? It wasn't me, right? Right. Well, that is a typo, yes. The gentleman left. Okay. And this was... That's a joint stipulation for Mr. Brown. But we've got the right address. Yes. It'll work for me, sure. Got it. So this one I could sign. I think you could just test me, Linda. And then we still... Yeah. We have one more that the gentlemen's are here. The gentlemen. Okay, you want to just bring them up? Mr. Hanna, yes. This one here is a joint stip? Joint stip, yeah. Bring them up. I was going to need the rest of them. I could do this. We are item 14, I think. Yeah. Yeah, right there. You want to bring them up right now? Yes. We're still on record. Okay, yeah. Let's do it. We're still on record, everyone. Item 14, Department Code Enforcement Matter, 138-3702 and 138-3251, ZO Zoning Code Violation. 1-5-4-2-3-1-R-O-W-Z-O Code Violation. Case number CCM-2-6-0-0-0-8-0. Officer D. DeVall, owner, Hannah Land Trust, Hannah Merriam E. TRE. Notice address, Hannah Land Trust, Hannah Merriam E. TRE. 1-0-6-3-5, Pontefino Circle, Trinity, Florida, 3-4-6-5-5-7-0-6-1. Sorry to keep you waiting so long. Officer, state your name. Officer DeVall. Okay, and your name, sir? Camille Hannah. Say that again? Hannah is the last name? Yes. And the first name? Camille, K-A-M-E-E-L. And what's your connection to the Hannah Land Trust? She's my wife. Okay, that's your wife. All right. It's my understanding that you've reached an agreement, and they're regarding the property located at, let's see, is it Pontefi, 1945? South Pinellas. South Pinellas Avenue, right? So we've got two zoning violations. Is that what it was, officer? Correct. We have two zoning violations and a right-of-way use violation. Okay, and so you're going to come in compliance before October 1st? Do you know what the violations are? No. Okay. And there'll be a fine of $200 a day, but that gets abated and goes away as long as you get it done by that time? And you agree to pay costs of $411.95? No. Okay, I'm going to sign the order, and she'll give it to you in a few minutes. Okay. Okay? Very good. Thank you. Thank you. Very good. Just that? So, no, no. We're going to break lunch. Right. I gave you the firm. You tell me. Yeah, 2.30. Is that an hour? What else you got? We're all set. Okay, yeah. Yeah, yeah. But how many more? What do you have any cases? Oh, we have, um... Well, you can pay anytime. Oh, five. And we got these two. These two here. I have these two, and then we have a motion for foreclosure. I got you. And then these people have a motion for foreclosure. We've got three people at show. How many people at show? 11. No, these are not show. These are not show. Okay. And item 13. So we got one. So the two that are these objections? Yes, sir. They're here. Yes. Is anybody else at show? No. It would probably just be those, as well as the motion to form. Right, yeah. All right. 2.30? Bye. Are you going to announce it, or do you want me to announce it? Oh, would you please do it? Okay, we're going to be on break until 2.30 p.m. Any cases that were for the morning that need to come back that haven't been called to come back at 2.30. Thank you. Communications, please stop recording. I think I need to do this. Everybody was here, yeah. Yeah. Okay, if everybody's ready, you can call the first one when you'd like. Item 15. Department code enforcement. Matter. Respondent's objection to affidavit of noncompliance. Case number CCM-26-00042. Officer D. DeVall. Owner. Payne Kai. Notice address. That's Morgan James D., Morgan Stephen P., Morgan Sarah P., Morgan George F., 204 Regal Drive, Lawrence, Georgia, 30046-4771. Violation address, 14 Oak Avenue, Palm Harbor, Florida, 34684. Good afternoon. Sir, if you could state your name for the record. James Morgan. James D. Morgan. Mm-hmm. Presume you have no other witnesses or anything like that. No. Officer, just for the record, your name? Officer DeVall. If you could both raise your right hand. Do you swear or affirm that any testimony you give today be the truth, nothing but the truth? I do. Yes. And, Magistrate, I do have a witness as well that may need to be sworn in. Okay. Will you stay there, and I'll swear you in if we get to that point, if we're going to do that. And just remind me of that. And this is an affidavit, the respondent's objection to affidavit of noncompliance, right? That is correct. Okay. Um, I'll let you go first, Mr. Morgan, unless you want us to put record documents on that you may need or something, just to make it easier on you. I've just got a few photos to add. That is the covered dock pilings in my backyard. But, obviously, you cannot tell they are dock pilings, because they are from affidavit view. So, okay, I'm going to, so they were dock piled, well, you still have them back. Go ahead. What's the second photo? Correct. And the second photo is the backyard that was deemed overgrowth of some sort. But, obviously, there is no overgrowth in my backyard, and I have removed the temporary fence that was back there. When did you, let's talk about the one in front of you. When did you do this? Um, this one was just this weekend, but it was cleaned up on the 20th. And Ms. Duval was supposed to contact me on the 21st, but she did not. When you say this was done and cleaned up, how would that be different than what I'm looking at here? It looks pretty cleaned up. I want to know when you feel you came into compliance, what date? I believe it was the 20th. Um, 20th of August? Um. No, it would be July. Yes, I believe it was July. July 20th on the backyard, I don't exactly know what, as you're going to, and what was the other one, the one you put something on top of? Yes. Those are, uh, dock pilings, but obviously I have sealed them from public view, so you cannot see exactly what they are or what is under there. Same date, sir? Correct. Okay. Um, were there any other violations besides these? No, those are the only two I was made aware of. Okay. I also have... Yeah, go ahead. Take your time. ...a quote that I'm getting from multiple vendors right now about getting a dock installed using those same dock pilings. So they're going to be removed from the backyard and obviously placed back into the canal, so I've got to start rebuilding the dock. So this, I'm looking at a, uh, email here from Peter Fawcett, Florida Marine Construction? Correct. And that's to you? Yes. And, uh, to Jay Morgan, right? I see it there. I received a request for a new dock quote. Correct. We won't happen to help you. Would you have any availability late Saturday? Okay, so... And then I responded back Saturday afternoon could work. Lake Tarpon? Okay. And then they said they could do noon. Okay, so this is your showing that you've made arrangements for a new... Dock to be installed, yes. Okay, and your testimony that you're going to use the same dock pilings? Correct. Go ahead. And I obviously penciled it in for just this past Saturday. I only had one vendor come out. I was trying to get three vendors to come out to give me different quotes. But as of right now, this was the only one that responded. Okay. That's what I have. Anything else? No, sir. Any questions? Uh, well, I guess I just have the county's stance on what he just presented. I have my evidence to show different dates. So I don't have any specific questions for him at this point. I do not. Remember, I don't have the violations. They'd make it a little easier if I knew what they were. Okay. Um, the violation was for trashing debris and outdoor storage. Trashing debris. And outdoor storage. And the trashing debris, um, was a lot of overgrowth and just miscellaneous items. Uh, and then the outdoor storage were, uh, I'll have a picture of them. He was brought to the magistrate, uh, in May and given a, uh, 30-day timeframe to comply. His, his timeframe or his date of compliance was June 17th. Oh, okay. So this was all done, uh, is your testimony, uh, July 20th this was done? I'm not exactly sure. I know it was the 20th of said month, and she was supposed to contact me on the 21st. Okay, so go ahead, officer. So I did my re-inspection on June 24th, and I'm just going to show just an overview of the backyard. His backyard was very overgrown. That was the initial violation. Right. As you can see, we still have, um, a fair amount of overgrowth over here next to the seawall. Right. He did cut back, uh, the majority of the flat ground of the backyard. He is on a canal, so he's totally and completely visible in the back from all of the properties that are next to him and across the canal from him. Um, this is what he said he, he feels is in compliance. I told him that these items needed to be removed. Putting a tarp over them did not bring it into compliance. He still has, there was some, some metal pieces. I see a piece of PVC pipe. There was still some overgrowth there, and this was exactly how it was on the 24th of June when I was there. And that's the date at the top of each photo? Yes. Go ahead. And that is a week after his compliance due date. So, I then filed the affidavit of noncompliance. It actually didn't even go in the mail until the second day of July. Okay. So, um, county feels that he is still in violation. Covering up those, those pylons does not mean that he's brought it into compliance. When he was here, he was told that those would need to be brought, to be taken away. Now, I did say to him, if you are actively working on getting a new dock, because he said, well, I'm going to, they were part of my old dock, they're going to be used again. And I said, okay, well, if you, you know, bring to the table something to show that you are actively pursuing getting a new dock installed, then we'll let that slide. So, because they're going to be needed. But until such time, and he brought nothing to me. He showed me nothing, and the date of his email was the 13th of August. So, and it was simply to make arrangements. There's, there's no pending dock permit in, um, in our system showing that he's applied for any type of a dock permit. So, um, I do have the area officer, because he had said that the area officer told him it was okay to have those pylons. I have the area officer who's willing to testify to the contrary. Well, how about we put him on in a second. Do you have any questions as to her testimony? No. Go ahead, officer. Okay. I have officer, uh, Wayne Holliday. He's the zone officer in that area. Officer Holliday, if you could raise your right hand. Do you swear for him that any testimony you give today would be the truth, nothing but the truth? I do. Okay. So, officer Holliday, you said that you have, had interaction with, uh, with Mr. Morgan, and when you went out and you guys reviewed the items in the backyard, can you tell me what you told him you needed to do to, to bring his property into compliance in the backyard? And when you went out? Give me the date. Do you remember when you went out? I, I can retrieve my files for that and find out, but it was... Was it a week ago or was it a month ago? This was, uh, either earlier this year or late last year. Oh, I'm sorry. When I... The last notice of violation was from September 12th, 2025. Okay. The first time I met Mr. Morgan was actually after issuing a citation to him. Okay. And he appeared for an arraignment. I had the documents with me. We had a small conversation. I came by and dropped off the notice of violation. Along with what the code said concerning outdoor storage. The items in the back, which did include portions of the dock and other items. I told him they had to be removed from public site. As I put them in the garage, but they had to be removed. Anything else you want to ask? Um, so I'm, I'm just, just confirming that what Officer Holliday has told him, they needed to be removed. I then reinforced on the day of the hearing back in May that he needed to have those removed. And, um, when I went back on June 24th, which was a week after the compliance due date, they were still there. So, um, I, I don't have anything further to ask Officer Holliday. I've had several conversations with him. His explanation is they're too heavy. How is he supposed to move them? So I gave him some different solutions as hiring a company to come out. If he was going to have the dock rebuilt, he needs to get a permit with it along with the contract. I can work with him on those items. I understand how heavy they are. Other options were to cut him down and bring him out piece by piece. But he was provided some suggestions as well on how to come to compliance. Okay. Um, anything else, Officer? No, the county has nothing else this time. Any questions for... Um, I was just told I needed to remove them from public view. So I covered them up so they were no longer in public view. Okay. So everything, that's the only thing either one of them said to you? Yes. Um, redirect. Outdoor storage, once it's observed, it needs to be brought into compliance by properly removing or storing out of sight. As Officer Holliday said, put it in your garage if you can, that type of thing. So, because these are large items, then that's not possible. This is always going to be in view because of how your backyard is situated on a canal. You can't see what's underneath the door. That does not bring in the compliance. No, it does from what you told me. That's not what I told you. I said you needed to... I did not tell you to remove it from public view. I told you this will need to be removed or dealt with by removing it or getting a dock permit if you're going to use it for your dock pylons. Correct. So, I'm sorry if there's been a misunderstanding, but just throwing a tarp over it, as you can see, a tarp that is easily blown off. That's why I had to buy a new stakes for it. And then it's highly visible, again, from both your neighboring properties on each side and across the canal. I think the county has given him ample time to try to figure out what he's going to do with notices of violation that were sent last September of 2025, and then coming to magistrate in earlier this year, in May, giving him 30 days to figure things out, and he just now shows a possibility of getting a quote for a dock from the 13th of August. Anything else? No magistrate. Okay. I still want to get more than one vendor to give me a quote on a dock. This gentleman said he would give me a quote by the end of the day today, and I still want to get two other vendors out to give me different quotes to compare. Anything else? He also did take a look at the dock pylons and said they would be reusable. Anything else? Do you want to make any argument anymore? Do you want to summarize it? Not that you need to. I'm just giving you an opportunity to do that. No, sir. I feel that if the county sees that there is a dock permit that has been applied for, then we're going to be more than happy to work with Mr. Morgan to give him the time needed to go ahead and have a dock constructed and designed and constructed, and if he keeps it covered, then we're going to be okay with that, because we know eventually those things are going to go away. They're going to be put in the water and used, but at this time, that does not exist. So the county feels they need to be removed. Well, perhaps after I'm going to render my decision now, and you might want to chat. You might want to chat with them after I render my decision here. I'm going to consider the public portion of the hearing closed, and I'm going to prepare an order and deny the objection to the affidavit of compliance. Thank you. You really want to chat with her, which will tell you what kind of the process here. Magistrate, if we can have a recess, because Officer DeVall is, or the next case is hers as well. Oh, it is. Or we can take another case. You want to give him five minutes or so. Yeah. Do you want to take another case? Yeah, sure. Okay. So then we can go to Item 7. This is Officer Hughes. A no-show. Okay. Item 7, Department Code Enforcement Matter 22-298 and 22-299 MH Minimum Housing Code Violation 58-304 TD Trash and Debris Code Violation. Case number CCM-26-00062. Officer B. Hughes, owner, Bubello Christopher C. Notice address, Bubello Christopher C. 5265-78th Street North, St. Petersburg, Florida, 33709-2344. Violation address, 5265-78th Street North, St. Petersburg, Florida, 33709. Is anyone here regarding the property of 5265-78th Street North? Let the record reflect that no one answered to the call. Officer, please state your name for the record. Officer Hughes. Raise your right hand. Do you swear for me any testimony you give today to truth, nothing but the truth? I do. Go ahead. Thank you. Okay. So the property where the alleged violations exist is 5265-78th Street North, St. Petersburg, Florida, 33709, located in unincorporated Pinellas County. The owner, Christopher Bubello, is not present or represented for today's hearing. I've had no contact from him. The violation has been in occurrence since on or before February 24th of 2026, and I would like to enter into evidence the notice of hearing, affidavit of violation, and composite exhibit A into evidence, which includes the notice of violations, Pinellas County tax collector and property appraiser documents, an enhanced life estate deed, a condemnation notice, violation emails, and violation photos. Okay. How about you just go run through it? We'll do it all as one exhibit. Okay? Okay. Thank you so much. Okay. So we have the notice of hearing with today's date, the affidavit of violation showing the violations that were cited, 22-298, 22-299, and 58-304. So you've got the two minnow housings and the trash and debris? Yes, sir. Got it. Okay. Then we've got all the notice of violations that were mailed on February 24th. You'll note that the notice of violations were sent to Tracy Jostin and to Christopher Bubello. Mr. Jostin has since, um, um, is now deceased, and Mr. Bubello has been the tenant that's been living there who has property ownership by the life estate deed. By the what? The life estate deed. Okay. Um, you have the notice of condemnation due to no, um, power that was also mailed on February 25th of 2026. It was, uh, mailed to Mr. Jostin and again to Mr. Bubello as well. Um, the, uh, tax collector at this time does show, um, Mr. Tracy Jostin when the, um, case was first started. And then, as you can see, it changed Mr. Christopher Bubello again because of the life estate deed, enhanced life estate deed right there. I actually noticed. And that was back in 23, but, oh, it changed as a result of that enhancement. Yes, sir. And they were both noticed on the notice of violation. Okay. Um, so yes. Then you've got the date of death of Mr. Jostin. There were two condemnation notices? Uh, one was to Mr. Jostin and one to Mr. Bubello. Okay, go ahead. Um, so then you've got the email from Duke Energy letting us know that this property still didn't have legal power. Right. And then you have, um, the violation photos showing just, um, the, this portion actually used to be covered by a, uh, overhang porch that got ripped off during the hurricane. There's still some exposed, um, siding that's not in repair. Where there's quite a bit of, uh, rust and, um, different things, um. That's the collapsed entry. Yes. Got it? Um, just some chip peeling paint, um, door screen that is, um, in disrepair, missing site, uh, excuse me, fascia. Got it. Uh, there's a large amount of trash and debris. Um, they actually have done a lock clearing since, but because he still doesn't have, uh, trash service, it's not in compliance yet. Right. So, like I said, a lot of, um, trash and debris and more trash and debris. So, because it was so bad, um, the county did go in and do a lock clearing, um, but I'll show you that the violations continue. Okay. So, magistrate, the property was re-inspected on August 3rd of 2026, and the violations do continue. Photos were taken on that date, and I would like to submit them as composite exhibit B. Okay. I'm going to accept composite exhibit A into evidence. Yes, you could start with B. Uh, so the... Oh, great. The first document is just, uh, confirming from Duke Energy that, uh, there's no legal power still. Understood. Um, the next photos are, there's been no change to the exterior structure. There's still the discoloration, the ripped-off awning, um, and there's still, even though, like I said, we did a lock clearing, um, the county did to remove a lot of the trash and debris. He does not currently have, uh, trash service, so it's just, uh, accumulated again. Good God, it's still, it's still something there, right? 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 requesting the allowance of 30 days to comply and have still found in violation to assign a daily fine amount of $100 per day per violation code for sections 22-298, 22-299, and 58-304, and to award court costs in the amount of $425.96. Anything else? No, sir. That concludes my testimony. Thank you. Um, consider the public portion of the, uh, hearing closed. I'm going to find for the county and to refine any amount of $100 per day on violation of minimum housing 22-298. That fine can be abated if there's compliance within 30 days, which would be September 16th. Thank you very much. By 5 p.m. Similarly, uh, I'm going to find the, uh, defendant is in violation of, uh, 22-299. The other minimum housing, this is the, uh, collapsed, um, portion and the other, uh, other part problems face it, et cetera. And it's to the fine of $100 a day, that fine can be abated if there's compliance within 30 days. That would be September 16th, 2026 by 5 p.m. And lastly, with regard, I'm going to find for the county and against the respondent for the trash and debris, 58-304, enter a fine of $100 a day. That can be abated if there's compliance within 30 days, which would be 9-16-2026 by 5 p.m. I'm also awarding costs to the county, $425.96. Thank you, Madam Chair. Should we go back to it? Yes. Officer Harry. Item 16, Department Code Enforcement. Matter, respondent's objection to affidavit of noncompliance. Case number, CCM-25-00103. Officer D. DeVall, owner, Serger Tatiana. Notice address, Serger Tatiana, 12689 Wilcox Road, Largo, Florida, 33774-1938. Violation address, 12689 Wilcox Road, Largo, Florida, 33774. Your name, ma'am? Yes, Serger. We have a power of attorney on record for Ms. Tatiana Serger by Marina Serger. Okay. I kind of missed that. Your name again, ma'am? I'm sorry. Marina. Marina. Serger. Could you spell that last name? T-S-E-R-T-F-T-A-S-E-N-S-E-R-G-E-R. It's the same last name as the... T-A-T-Y-A-N-A? No, it's... Her first name is Marina. Oh, T-S-E-R-G-E-R. Yeah. Thank you. I'm sorry. And her first name is Marina, M-A-R-I-N-A, correct? Correct. I got it. My apologies. I presume you'll have no other witnesses or anything here today. Nothing at all. That's okay. Officer, just state your name. Officer DeVall. Okay. If both of you could raise your right hands. Do you swear from any testimony you give today to be the truth, nothing but the truth? I do. Okay. This is your objection to the affidavit, you know, of noncompliance. All right. So do you want to explain what's going on? This is your motion. Yes. Right now, we're working with a county, Pinellas County Real Estate Property Division, John Wilkie. We're getting a property exchange, and we're waiting for the county to award us a property. As soon as we get this property awarded to us, we're going to be on compliance. Did you say this was a power of attorney? Is that what you said before? We have a power of attorney on record. For who? For Ms. Tatiana. So Marina, I believe, is her sister. It's her sister. Okay. And she's, yes. Got it. So what's the violation? The violation is encroachment onto county right-of-way. Zoning violation? Yes. Oh, okay. The violation of a fence onto county property. So as a little bit of explanation to go along with this. Yeah. Why don't you give it to me, and if you have any documents, I'll take a look at it. This was actually received by code enforcement from real estate. Real estate had reached out to us because there was a newly developed park off of Wilcox Road, and their property has a fence that ended up encroaching into the park. This is a newly developed park? Yes, a new small, like, dog park, walking park, that kind of place. Got it. So they sent this to us and showed us all of the surveys and the total lay of the land with what was going on and how far onto county property the fence was, the backyard fence of this property. Okay. So we moved forward with enforcement, and we ended up coming to magistrate. We came back in, we were in January. Of 26? January 16th of this year. Thank you. So they provided a letter that was from county real estate, and it basically said that the county is interested in, they were changing the boundaries of the property. So the boundaries of their parcel are moving forward. Of her parcel? Of her parcel. The boundaries are moving forward, so therefore the backyard is moving back. Right. If that makes sense. Everything is shifting. The whole parcel is shifting. So that then the fence would no longer be encroaching. It will be then their property. And who's doing this? The county's doing this? The county is doing this. Okay, and that's what that letter says? I'll let you explain in a minute. It was an opportunity, yes. They had said that they were willing to entertain the idea of doing this, but there needed to be response within 30 days. This was in, this letter was sent back in July of last year. So when they did come to magistrate and I saw this letter, we gave them quite a bit of time. We actually gave them 90 days, not realizing that the time frame had already really expired on this letter. So... An order was entered? Yes. An order was entered for a 90-day compliance time frame. And $100 a day fine or something? Yes, that is correct. And to bring property in compliance was to remove the fence. So now we move forward to current. The mortgage was sold. There was a lot of complications. The mortgage was sold and then the new mortgage holder wanted additional documentation. It got rather complex. No, I could imagine. Yeah, I understand how that works. So... In the meantime, I filed noncompliance because April was the compliance due date, April 16th. Right. Because nothing had been done at that point. And we had given them 90 days. Right. So I guess the feeling was, well, that's awful that now the mortgage has been sold because then they had to start back at square one and provide additional documentation to the mortgage holder and so on. But you had 90 days before the mortgage was sold to be able to bring things in compliance. I got it. So now as we move forward, and I did file the noncompliance, they are continuing to work with the county, which is good. Okay. Yes. I heard your sister's properties. So they are now, as of just now recently, I received an email from real estate on Friday because I did reach out to them last week and ask them, what's our status? What's going on? Right. And they said that they have an agreement that's drawn up, but they were missing some documents and they were waiting on additional documents. And that was as of last week. So on Friday, she wrote to me and said, this is Joan Wilkie from Pinellas County Real Estate. She is Acquisition and Disposition Coordinator. Go ahead. So she said that they have an exchange agreement that was received by email at 1245 on Friday. This past Friday? This past Friday. Okay. So they have a two-step process now. It has to be reviewed and approved by the Board of County Commissioners, and then they move forward with the second step to execute the agreement. So with all of that being said, I'm hoping that my affidavit of violation or affidavit of noncompliance will stand at least for 90 more days because I'd like to give them the time to work through this and have everything go through the county. And if the agreement is then finally executed and all is well, then I will withdraw that noncompliance and file compliance because that means that the boundaries... And there will be no fine. The fine will be abated. Correct. And we can continue this for 30 days. Actually, I'd like to do 90 because they're saying that the process... Okay, yeah. I think we should continue this. Yeah. The process to get this through is going to be a lengthy one. Okay. Um, where's the head clerk here? Oh, she just... I'm sorry. Go ahead. I just want to give them enough time to have it go through, get on the agenda for the BOCC, and then there's going to be other... Mr. Serga, did you understand everything she said? Yes, I do. I do apologize because there has been some miscommunication with the banks, and, you know, it took, like, extra time that we... Yeah, she's working with you here, yeah. Yeah, we are working, definitely. Um, if you want to know, I presume you'll be fine with postponing this matter, continuing it, it's known. We'll pick a date now, 90 days out. Okay, and as she said, then, if it all works out, just keep her informed of what's going on. If you get it, send it to her. Definitely. She's got people to answer to, too. I do understand. Okay, so if you could just hang in there until, uh, a couple minutes until, uh, the clerk comes back, we'll get a date. Do you have a date, Nicole? Yeah, do you have a date? No? 90 days? Okay. I just want you to have the date, uh... November 15th? Yes, I was just talking about a hearing date. Oh, we were talking about just a compliance is 90 days, so... Oh, compliance 90 days is November 15th. Yeah, that's what I was thinking, too. So, are you talking hearing date? I don't know... I thought you were going to do a hearing date. Well, if you... Yeah, I don't know about the hearing date. We could do it. We could just continue this motion. Okay. You understand what I mean? Okay. That's what I'd like to do. Continue this motion to another list. That's all. Okay. Yeah, I don't have that date. We need to give you enough time to put on the agenda for the BCC, and then whatever you have to go through. I think the agreement has to be executed after that. Okay. You guys will have to continue to work with real estate. Okay. Yes, thank you. I do have a motion. Yep. I'm so sorry. It's okay. It's a break. Yes. Can we get a date, uh, 90 days from now? Yes. 90 days from now, continuing this matter, the objection to the, uh, respondent's objection after the non-compliance. We want to continue at 90 days. Okay. We'll go back to hearing. And if you resolve it before, then you could, if you resolve this before, then you could notify it to drop, to drop your objection, to make, you understand what I mean? If you work it out with the county. Okay. Thank you. Yeah. You drop the objection, and I can just pull my, I'll pull my back and file compliance. Okay? Yeah. See, we're here on your objection to that thing, which would be hard to do from a technical standpoint anyway. They're very black and white, but it makes it easier for, give you, give you more time in the interim. Magistrate, do you have your calendar with you, knowing what dates you're scheduled for in November? Not with me. I'm in the car. Okay. Let me see real quick. I can find it right. Okay, we have you, so 90 days from today would be November 15th, or the closest that we have. Yeah, it doesn't have to be exact, yeah. Yeah, November, it will be November 13th, which is a Friday, or we could actually schedule you for November 20th, which that's the same week as Thanksgiving. I don't know. Whatever's easier for you, Carolyn, or whatever you think would be easier to reschedule. Let's do November 13th. 13th? It's Friday the 13th, which is a code enforcement hearing date. Okay, that's perfect, and they may well be complied by then. We're just trying to give them. Yeah, it'll probably come off the list, most likely. Oh, good. Yeah, I'm trying to give them plenty of time to work through with real estate, what's going on. So, I'm going to put tentatively, but we'll have it scheduled, and then if not, we cancel. November 13th at 10.30 a.m. Yeah, just continuing respondent's objection to affidavit of compliance. Okay, perfect. Thank you very much. So, our next case is going to be the foreclosure, and then the two no-shows. Okay, November, what do you want to do? Yeah. You want me to take this one? Whatever you feel like. We're ready to... Do we wait for her, or do you want to go to the next case? Yeah, go to the next one. Give her a chance to chat. Okay, so the next one is 11. This will be one of the no-shows, right? So, 11. Yeah. It's Officer Hughes. Which one are you going to do? Item 11. Number 11? Elmore. I have 10 and 12 here. Yeah, they won't mess me up with the agenda. It's Elmore. All right. It's all wrong. Okay, you're right. 10 wasn't there. 10 is 11. Okay, I got it. Is that what we're doing here? Mm-hmm. No, no. Works for me. Okay, let's call this bad boy. Item 11, Department Code Enforcement Matter, 22-299 MH Minimum Housing Code Violation, 58-270 IV Inoperable Vehicle Code Violation, 58-304 TD Trash and Debris Code Violation, 138-37030 ZO Zoning Code Violation, Case Number CCM-26-00072. Officer B. Hughes, owner Elmore Robert James and Angelina Revocable Trust Living Trust, Elmore Robert James TRE, Elmore Angelina TRE, 12728 83rd Avenue, Seminole, Florida, 33-776-3221. Violation address, 12728 83rd Avenue, Seminole, Florida, 33-776. Is anyone here regarding 12728 83rd Avenue, Seminole, Florida? Let the record reflect there's no one left in the gallery. Officer, state your name for the record. Officer Hughes, Pinellas County Code Enforcement. If you use it, raise your right hand. If you swear, affirm that any testimony you give today be the truth, nothing but the truth? I do. You do this as a package for A. Put them all together just like last time. Okay, perfect. Okay, so the property where the alleged violation exists is 12728 83rd Avenue, Seminole, Florida, 33-776, located in unincorporated Pinellas County. The owner is not present nor represented for today's hearing, and I have received no contact whatsoever, even though I have spoken to the tenant and left my card, and I have not had any contact from the owner. Okay, understood. So, the violations have been in the current since honor before April 28th of 2026, and I would like to, as one packet, enter the notice of hearing, affidavit of violation, and composite exhibit A into evidence, which includes the notice of violations, Pinellas County tax collector, property appraiser, the warranty deed, the citations that have been issued previously, and the violation photos. Okay, so if it's okay, I'll just go straight to the violation photos. Right in front of me, 428-26, right? Yep. So, they have a stagnant pool. There you go. Go ahead. I know they're kind of hard to see, but this is basically from the complainant's property behind, where you can see the water is completely stagnant and brown, and the tenant did confirm that the pool is stagnant. This is in the back of the building? It's in the back of the property, yes, sir. Okay. It is within view of two of the adjacent neighbors, and this is from one of the complainants. But it's the defendant's property, right? The pictures were taken from the defendant's property. I apologize. From the defendant's property. I mean, the complaint... That's what I keep trying to ask you here. I'm thinking, why don't we take a picture? Okay, so let's... I thought it... These are taken from the neighbor's property. From the complainant's property, yes, sir. And the tenant did confirm the pool. The complainant's property. Got it. Go ahead. And the pool is still stagnant. No problem. I'm sorry. That's what we're doing. There were multiple inoperable vehicles present on the property. At this point, there's only down to one. When I went by, it was just this one with the flat tire, and I did not see any tag. Okay, so these original photos are back... Oh, we're taking July 14th? July 14th, yes. July 14th is the... Okay, so these are the original photos, the first one. Yes, the first time that I went out to the property. All right. Got it. Okay, so we've got the stagnant pool. The inoperable vehicle with the flat tire. Right. And then we had multiple items stored outside the property, in front of the garage, behind the vehicle. Right. Charging debris. And just some lumber that still is there today. Got it. And then lastly, we've got images of the fence. This is the zoning violation, right? Yes, sir. All right. 138-138-303-703 with the fence, with tickets that are in disrepair or missing. And that was a pool, that water I was looking at. That was a pool? Yes. The very first set of photos were the pool. I know. It's kind of hard to see. No, that's okay. It blends into the greenery because it's stagnant. I got it. So, Magistrate, the property was re-inspected on August 7th, and the violations continue. Photos were taken on that date, and I would like to submit them as composite exhibit B. Okay. Composite exhibit A with the photographs is accepted into evidence. And let me just check one thing here. Sure. Oh, so this is in the living trust. You haven't seen the living trust. You know nothing about it, right? I have not, and I've not been contacted by the trustee nor anyone claiming to have any ownership. Okay. And I have tried to make contact. Like I said, I spoke with the tenant and have left my card. Okay. Okay. So, as I said, on August 7th, I took more photos. The violations continue, and I'd like to submit them as composite exhibit. You may. Okay. So, I'm going to try to say it right this time. I got it. I was on the complainant's property taking pictures of the pool, and it still remains stagnant. Ironically enough, the person that let me take the pictures, it's so stagnant, there's so many frogs living in it, that he was complaining about the constant noise. Don't get me. It's starting to noise. I didn't take a decibel reading, though. Frogs can make sound like birds. They actually were loud, but everyone will be appreciative when that pool is no longer stagnant. I bet. The inoperable vehicle is still present. Like I said, there's only one. When the case started, there were multiple vehicles. Just the one is present now. And the same, pretty much the same items that were there the first day that I went. That's the fence falling down? Is that what's happening here? I'm sorry. What's that? Is that the fence falling down? No. That's just some lumber that's stored on the side of the property. And it actually, I see what you're saying. It does look similar to a fence panel. It's the next page. Yeah, it sure does. But the items are being stored again in the front of the garage door. I explained to the tenant that by simply putting those in the garage, that would take care of that problem. But they still leave them out there. I guess you didn't ask the tenant where they pay the rent to, right? No. I left my card and asked them to give them my contact information. You left the card, and you haven't heard anything. I have not heard from anybody. And then lastly, the fence is in the same condition. There's broken, missing pickets on both sides. So, Magistrate, the county requests that you find the property in violation and issue an order to have the property brought into compliance. The county is asking for the allowance of 30 days to comply and, if still found in violation, assign a daily fine amount of $100 per day per violation for Code Sections 22-299, 58-270, 58-304, and 138-3703, and award court costs in the amount of 4-28-15. Okay, I'm going to accept composite Exhibit B into evidence. I'm going to consider the public portion of the matter closed. I'm going to find for the county with regard to 22-299, opposed to a fine of $100 per day. That fine can be debated if there's compliance within 30 days, and we'll put that in the order by 5 o'clock that day. Similarly, with the next three, I'm going to find for the county on 58-270, the inoperable vehicles, opposed to a fine of $100 a day. That can be abated if there's compliance within 30 days. And with regard to the trash and debris, 58-3704, I'm going to find for the county to be a fine of $100 per day. That can be abated if there's compliance within 30 days, and 5 by 5. And lastly, with regard to the zoning matter, the fence specifically, 138-3703, institute a fine, impose a fine of $100 a day. That fine can be abated if there's compliance within 30 days. And we'll put by 5 o'clock in each one of those in the orders. And 30 days is September 16, 2026. Thank you. September 16, 2026 is 30 days on all four of them. Thank you, Officer. Okay. Let's see here. Now we go back to number 1, which is the motion. Right. I'm just thinking, is this the motion? Number 10. Oh, here's one. Yeah, let's do it. Item 1, Department, Code Enforcement, Matter, Petitioner's Motion to Initiate Foreclosure. Case number, CFC-24-00016. Officer, D. DeVall. Owner, Roiland Christopher C. Notice address, Estate of Christopher Roiland, 7354-122, 122nd Way, Seminole, Florida. 33772-5525. Is anyone here regarding the property at 7354-122, 2nd Way, Seminole? Let the record reflect there's no one in the gallery. Okay. Officer, please state your name for the record. Officer DeVall. Okay. Raise your right hand. You swore affirm that any testimony today would be the truth, nothing but the truth? I do. You may proceed. We'll just... Magistrate, do you have this packet? Do you have the... I have the packet, and you can put it in totally together. If you want to highlight any of the things to me, fine. Otherwise, we could just go through it, see if I have any questions. Okay. So, good afternoon. My name is Officer DeVall. I'm a magistrate officer with the Code Enforcement Division of Pinellas County. Pursuant to Chapter 2, Article 8 of Pinellas County Code and Chapter 162 of the Florida Statutes, Pinellas County is seeking a motion to initiate foreclosure against the Christopher Roiland Estate. The property the county is seeking foreclosure action against is located at 7354-122nd Way in Seminole, Florida, which is a non-homesteaded property in unincorporated Pinellas County. The county would like to submit into evidence the motion to initiate foreclosure, which consists of an extensive case history and attached exhibits. You may proceed. It's a quick walk. Go ahead. It does. So, would you like me to go through page by page, magistrate? Well, no, how about, you don't really need to do that. Just give me the highlights. Okay. I've read the actual motion. Okay. Very good, then. So, I'm going to go to my conclusion. Yeah. Basically saying that the property continues to be owned by the respondent, which is now listed in an estate. Property has not been declared to be homesteaded by the respondent, who is, of course, now deceased. Petitioner has an interest in the property by virtue of Pinellas County Code Enforcement Special Magistrate Lien in the amount of $23,063 as of August 4th. This lien is accruing additional fees. Petitioner provided respondent with notice that the property was found to be in violation of the county ordinances. Petitioner provided respondents with a notice that the property remained in violation of county ordinances after respondent was afforded due process and given a period in which to cure or remedy violations of the county ordinance of the property. Respondent has actual or employed knowledge of the process and procedures employed by the Petitioner, its Code Enforcement Division, Special Magistrate for Imposition of the Code Enforcement Lien. So, even though Mr. Roiland is deceased, his brother has been appointed as the representative of the property. Yeah, I'm trying to follow here. Go ahead. He has been well informed of everything that the county has been doing. The county has also went through the process to get a motion for demolition approved, and that was just recently approved by the Board of County Commissioners after our legal department put forth the motion that was signed by, I think it was Magistrate Fuller. So, the county is, this property is in very bad shape. There's been two fires there, very extensive damage after the second fire, and it is truly a hazard, and we're trying to get it knocked down. This is Stevens, the executor or administrator, I guess? Yes, that is correct. That is the brother. That's the brother? Oh, yes, the brother of the decedent, yes. Okay, and he's got someone for service of process in there, I see. Go ahead. So, that is basically the county's stance. We are asking for the approval of the motion to move forward with foreclosure once we have our fees accumulated for the demolition that we will be doing. When you say your fees accumulated, you mean when it gets that? I'm sorry, excuse me. That's quite all right, God bless you. I'm sorry, you're going to proceed after you have the fees accumulated? We have an additional fee that will be added to the existing lien, which is the cost of the demolition of the county. Oh, okay, that's when you'll be in a position to recover all of everything. That's when we'll have the total at this point, but we wanted to move forward with getting the motion signed for the foreclosure. The motion to initiate foreclosure in the matter of the estate of Christopher Rowland, and that's CFC 240004, I guess, and then CCM 2300018 is granted. Great. Thank you, Madam Street. Thank you. Which one we got left? 13. 15, yeah. 15, we did. No, 13. I'm just getting deaf here, it's my name. I said 13. I said 13, no. It's Leninger. Which is sometimes number 12. Okay, I got it, go ahead. Yeah, sometimes number 12, fine and cool. I'm just teasing, go ahead. Item 13, Department Code Enforcement Matter, 22-299, MH Minimum Housing Code Violation, Case Number CCM-26-00079, Officer D. DeVall, Owner, Leninger. Leninger, Joan, Notice Address, Leninger, Joan, 799 East Closterman Road, Lot 119, Tarpon Springs, Florida, 34689-3977. Violation Address, 1993 Carolina Avenue, Tarpon Springs, Florida, 34689. This is Leninger. This is Officer DeVall's case? Yes. Go ahead. Go ahead. You got it. Okay. Is anyone here for 1993 Carolina Avenue, Tarpon Springs? Let the record reflect that the gallery's empty. All right. Thank you, Magistrate. The property where the alleged violation exists is located at 1993 Carolina Avenue in Tarpon Springs, which is in unincorporated Pinellas County. The owner, Joan Leninger, is not present for today's hearing. This violation has been in occurrence since on or before October 24th of 2025. I'd like to enter the Notice of Hearing Affidavit of Violation and Composite Exhibit A into evidence. Composite Exhibit A exists of the Notices of Violation, Ownership Confirmation through Pinellas County Tax Collector, Property Appraiser, and the deed. I also have included in Exhibit A a copy of citation that was written in the Register of Actions showing no trial and that the ticket was adjudicated guilty. And then I also have inspection photos. Yes, you can put them all as one, and I'll highlight whichever document you want. I've pretty much looked at them. I'm just going to highlight very quickly that there was a citation written for this. Yeah, I see that. And the property owner ended up with no trial and adjudicated guilty as the outcome, so a full fine was then enforced. And then just some photos here very quickly. This is a relatively small home located right off of Alderman Road in Tarpon. And as you can see, the roof is in really bad shape. We've got wavy parts and shingles that have detached and are hanging down, and it's in serious disrepair. Is there anything going on there? Is there a tenant or anything like that? There is a person that lives there. I've never had any contact with anybody. It is, I believe, a rental. And I've had no contact with the property owner. Apparently the property owner's son reached out to our office on Friday. I was out ill, and Officer Hughes took the phone call and said that if he wanted to come and represent just to bring some written documentation, which I guess we did receive, but he did not show up today. Okay, appreciate that. Which is kind of sad, so magistrate, the property was re-inspected on August 7th. The violation continues, and photos were taken on that date. I'd like to enter them in as composite exhibit B. Okay, we're accepting composite exhibit A into evidence and proceed with comments on exhibit B. I see not much been done. Just a couple of photos to show that the condition of the roof is exactly as it was. Nothing has changed. I think the leaves are all still in the same exact spot as well. So the violation definitely continues. The roof is in need of repair. So magistrate, the county requests that you find the property in violation and issue an order to have the property brought into compliance. The county is asking for the allowance of 30 days to comply and if still found in violation, assign a fine in the amount of $100 per day for code section 22 to 99. Plus cost, you're seeking cost, right? Yes, magistrate. I'm seeking cost. I did not, I'm not sure what they were. I'll have to get them to take care of. I'll work that out in your room. Anything else? No, magistrate. That is all. Okay, I'm going to accept the composite exhibit B into evidence. I'm going to consider the public portion of the hearing closed. I'm going to find for the county on the minimum housing violation, specifically the roof that's 22-299. I propose a fine of $100 a day. That fine can be abated if there's compliance within 30 days, which is September 16th, I believe, 2026 by 5 p.m. And I'm awarding costs to the county. Okay, thank you, magistrate. Thank you. I believe we went through the whole document. Communications, please stop recording. Hey, I was, I didn't see that, right? We ain't talking about that right now. I'm talking about.