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Code Enforcement Hearing Minutes, September 21, 2023 Page 5 Ms. Nix that compliance of 1-4.3 for the HVAC units, have not been finalized as of September 21, 2023, so compliance had not been met. In reference to the email that was included from Lorna Bradley, when she stated no further action is needed that would be for her role in the permitting department. Any questions or decisions for compliance would need to be directed to Ms. Acevedo. The City is opposed to extending more time or compliance dates for any of the issued in this matter. Ms. Nix added that the correction is to repair or replace as needed, not to just have a permit issued, and bring the violation into compliance. Ms. Nix requested the special Magistrate not grant any more time and impose the fine and suggested after the owner comes into compliance that they follow the lien reduction process with the City. Mr. Kovecses gave testimony. Special Magistrate Ruling: A ruling was made by the Special Magistrate that case CE -23-0001033, 1131 Castle Wood Terrace based on Code Officer testimony, the Respondents did not comply by the order imposed on August 17, 2023, with the exception of the inoperable vehicle section 3-10.9.f which the respondent is in compliance with. It was ordered that the Respondents pay the City of Casselberry a fine in the amount of $250.00 per day for each day the violations exist and each day the violation continues to exist past the date of compliance of September 18, 2023. The burden shall rest upon the respondents to immediately notify the Code Compliance officer. 12. CE -23-000998: New Case at 70 N. Sunset Drive Violation — City Code 2-7.10.a Fence permit required, City Code 3-10.3.C.7 Swimming pool standards, Florida Statute 515.29 Residential swimming pool barrier requirements. Staff Presentation: Micelania Acevedo, Code Compliance Supervisor gave testimony that the property was reinspected and found to remain in violation on September 18, 2023. The City requested a correction date of October 05, 2023. If no compliance by October 05, 2023, then a fine of $250.00 per day should then be imposed for each day of non-compliance thereafter. The City requests a subsequent hearing date of October 19, 2023, to determine compliance. The Special Magistrate asked if there was anyone present to speak about this case, there was a representative present to speak about this case. Discussion: Jeffrey Stoessel, 70 N. Sunset Drive gave testimony and stated he has had a terrible year, family sickness, and construction for two years with the pedestrian path that went in right by his house. Ms. Stoessel stated that nine to ten months ago his neighbor's oak tree fell and destroyed his screen enclosure, privacy fence and carport. Mr. Stoessel continued. The Special Magistrate asked how much time Mr. Stoessel might need. Mr. Stoessel stated two months. Ms. Acevedo stated the pool has been exposed and is a life safety issue for the City and is not comfortable with the pool being exposed for up to two months. If the property owner was not able to secure the pool, the City would put a barrier, but the pool cannot be exposed for any further time. Jennifer Nix, Assistant City Attorney advised that the City was looking for the open pool to be found as a serious threat to the public. The City's position was that this is a serious threat in accordance with 162.06 (4) of the Florida statutes. Ms. Nix asked that the order include, to notify the local governing body that any reasonable repairs can be made under 162.09 (1) of the Florida statutes, The violations are a serious threat to public health, safety, and welfare, as described in