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Oviedo magistrate finds Kelsey Avenue property in compliance and waives fine
Summary
At a March 27, 2025, special magistrate hearing, the City of Oviedo found the Kelsey Avenue property subject to case CE25-000009 in compliance with a prior pool-barrier order and declined to impose a fine after the owner secured the fence and submitted an affidavit of compliance dated March 18, 2025.
Special Magistrate Marcy found on March 27, 2025, that the property at 1007 Kelsey Avenue in Oviedo had come into compliance with a prior magistrate order and declined to impose a fine on the owners, listed in the agenda as John and Francine Lehi.
Code Enforcement Officer Lindsey Longstreet presented a 21-page packet of evidence to the magistrate, including the property record card showing the owners, copies of prior hearing materials, certified-mail receipts and green cards, photographs from a reinspection on the compliance deadline showing the fence and pool barrier were not in place, an affidavit of noncompliance, and later photographs and an affidavit of compliance dated March 18, 2025. Longstreet told the magistrate that the reinspection photos taken on the original compliance date showed the barrier for the swimming pool had not been installed but that later photos (marked in the packet as pages 16–18) showed the fence had been repaired.
The property owner who addressed the magistrate identified himself in the record (transcript variants of the surname appear) and said it “took me a while” to secure the fence, that a neighbor helped by providing money to install it, and that the pool still required treatment. He asked the magistrate for leniency on fines, saying, “we're broke, basically,” and explaining family health and financial constraints.
After reviewing the evidence and the owner's statements, the magistrate said notices required by statute had been provided and that, although the owner had not been in compliance by the original ordered date, the property was in compliance as of March 18, 2025. The magistrate determined that, given the circumstances and the respondent’s subsequent compliance (about 24 days of noncompliance was noted), no fine would be imposed and formally found the respondents in compliance with the magistrate order of Jan. 23, 2025.
City staff member Miss Moyer noted for the record that another individual scheduled to appear (identified as Bob Agostini on the agenda) had been removed from today’s calendar after speaking with staff and would not appear.
The magistrate closed that matter after announcing the compliance finding and absence of a fine. The case is recorded as CE25-000009 (1007 Kelsey Avenue).
