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KNOW, IT IS NOW SIX O'CLOCK, AND I'D LIKE TO CALL THIS MEETING TO ORDER OF THE CITY OF MELBOURNE, UH, CODE ENFORCEMENT BOARD.AT THIS TIME, EVERYONE, PLEASE RISE.
FACE THE FLAG FOR THE PLEDGE OF ALLEGIANCE TO THE FLAG ON THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, LIBERTY, AND JUSTICE FOR ALL.
BEFORE WE BEGIN, I HAVE AN OPENING STATEMENT OF PROCEDURES FOR THE BOARD MEETINGS.
THE CODE ENFORCEMENT BOARD WAS ESTABLISHED BY THE CITY OF MELBOURNE UNDER AUTHORITY GRANTED BY THE FLORIDA LEGISLATURE.
THE PURPOSE OF THIS BOARD IS TO PROMOTE, PROTECT, AND IMPROVE THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF THE CITY OF MELBOURNE BY PROVIDING AN EQUITABLE, EXPEDITIOUS, EFFECTIVE, AND INEXPENSIVE METHOD OF ENFORCING THE VARIOUS CODES THAT ARE ENFORCED WITHIN THE CITY.
THIS IS A QUASI, UH, JUDICIAL PROCEEDING FOR LESS RESTRICTIVE PROCEDURES OF TESTIMONY AND EVIDENCE.
HOWEVER, THESE PROCEEDINGS SHALL REQUIRE RELEVANT PRESENTATIONS AND APPROPRIATE INDIVIDUAL CONDUCT THAT WILL BE DETERMINED AND MANAGED BY THE BOARD.
ALL TESTIMONY GIVEN BY THE BOARD IS PRESENTED UNDER OR OATH.
THE CODE ENFORCEMENT BOARD IS ALSO EMPOWERED BY THE FLORIDA STATE STATUTE TO LEVY FINES AND FILE VIOLATIONS OF UP TO $250 PER DAY OR $500 PER DAY FOR REPEAT VIOLATIONS.
RESPONDENTS AND OR THE REPRESENTATIVES ARE REQUESTED TO BE PRESENT AND MAY ALSO BE REPRESENTED BY AN ATTORNEY.
IF THE RESPONDENTS AND THE REPRESENTATIVES ARE NOT PRESENT, THE CASE STILL MAY BE PRESENTED TO THE BOARD.
THE PROCEDURE THAT BRINGS YOU BEFORE THE BOARD IS INITIATED BY THE CITY CODE OFFICER, WHO PRIOR TO THE BEGINNING OF THIS MATTER, UH, BROUGHT THIS MATTER TO THE BOARD'S ATTENTION.
HE, THEY ALSO ALLOW SOME PERIOD OF TIME FOR THE PARTICULAR VIOLATIONS TO BE CORRECTED.
IF THE VIOLATION IS NOT CORRECTED WITHIN THAT TIME, IT IS A REPEAT OR IMP PARABLE VIOLATION.
A NOTICE OF VIOLATION AND NOTICE OF HEARING IS FILED WITH A BOARD AND THE HEARING DATE IS SET.
IF THE VIOLATION IS CORRECTED, IT STILL REQUIRES THAT THE RESPONDENT NOTIFY THE CODE OFFICER ASSIGNED IN CONDUCTING THE HEARINGS.
THE ATTENDANCE SHEET WILL BE FOLLOWED FIRST AND THEN THE PUBLISHED AGENDA UNLESS OTHERWISE DECIDED BY THE BOARD.
EACH OF THE CASES WILL BE PRESENTED BY THE CITY ATTORNEY.
THE CODE ENFORCEMENT OFFICER BRINGING THE COMPLAINT WILL PRESENT TESTIMONY REGARDING THE CASE.
THE RESPONDENT MAY ADDRESS THE BOARD, ASK QUESTIONS OF THE CODE OFFICER AND PRESENT WITNESSES ON THEIR BEHALF.
AT THE CONCLUSION OF THE CASE, THE BOARD WILL RENDER A FINDING OF FACT AND ISSUE ORDERS AS NECESSARY.
IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS MEETING, YOU MAY CONTACT THE CODE ENFORCEMENT OFFICE AT 3 2 1 6 0 8 7 9 0 5.
AT THIS TIME, WE REQUEST THAT ALL PHONES, PAGERS, AND OTHER ELECTRONIC DEVICES BE PUT TO SILENT OR VIBRATE POSITION, AND AT ALL CALLS OR LAPTOP USE BE DONE OUTSIDE OF THESE CHAMBERS.
AT THIS TIME, WE WANT TO, UH, HAVE A ROLL CALL TO ESTABLISH A QUORUM FOR THE VOTING FOR THIS MEETING.
UH, MEMBERS, ONCE YOU HEAR YOUR NAME, PLEASE SIGNIFY THAT YOU ARE PRESENT.
MS. FULTON, PRESENT MY NAME, RICK DRYDEN.
WE DO HAVE A QUORUM FOR THIS MEETING.
MR. SOM, MR. ER AND MR. TI ARE ALL EXCUSED AT THIS TIME, SINCE WE DO HAVE A QUORUM, UH, ESTABLISHED, UH, THE CHAIR WOODROW WOULD OPEN FOR A, UH, A MOTION TO APPROVE THE MEETING.
UH, MINUTES FROM THE LAST MEETING.
WE APPROVE THE MINUTES OF THE LAST MEETING, SO WE HAVE A MOTION BEFORE THE BOARD.
WE HAVE A SECOND BY MR. THIEL.
UH, ANY DISCUSSIONS BEFORE WE VOTE? NONE.
HOW DOES THE VOTE, HOW DOES THE BOARD VOTE SIGNIFY BY SAYING A YAY.
MR. HAROLD, AT THIS TIME, DOES THIS, DO YOU OR THIS ANY, UH, CITY STAFF HAVE AN OPENING STATEMENT YOU'D LIKE TO MAKE? SIR? THE ONLY ANNOUNCEMENT IS THAT THE NEXT HEARING IS APRIL 22ND.
AT THIS TIME, MR. CITY ATTORNEY, WOULD YOU LIKE TO SWEAR IN YOUR CODE ENFORCEMENT OFFICERS? YES.
IF YOU CAN ALL, UH, STAND AND RAISE YOUR RIGHT HAND, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL GIVE IN THESE PROCEEDINGS WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
I PROFFERED TO THE BOARD ALL OF THE CODE COMPLIANCE INSPECTORS AS EXPERT WITNESSES AND SUBMIT THE RESUMES OF THE CODE COMPLIANCE INSPECTORS AND CODE ENFORCEMENT OFFICIAL INTO THE RECORD.
ABSENT ANY OBJECTIONS, THE CODE OF COMPLIANCE INSPECTORS AND CODE ENFORCEMENT OFFICIAL SHALL BE DEEMED EXPERT WITNESSES.
I ALSO SUBMIT INTO THE RECORD ALL
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DOCUMENTS AND PHOTOGRAPHS WITHIN THE CASE FILES OF THE CODE COMPLIANCE INSPECTORS, AS WELL AS ALL DEEDS AND PROPERTY APPRAISER WEBSITE LISTINGS REFERENCED IN THESE PROCEEDINGS.THESE EXHIBITS ARE OFFERED TO THIS BOARD AND RESPONDENTS FOR REVIEW AND ARE AVAILABLE AS EVIDENCE IN THE HEARINGS OF THESE CASES.
UH, WITH THE, UH, CHAIR'S PERMISSION, I'D LIKE TO CALL A FEW CASES OUT OF ORDER, UM, THAT HAVE BEEN RESOLVED.
THE FIRST CASE IS CASE NUMBER 13.
THE CASE NUMBER IS 2024 DASH 0 0 8 2 0.
THAT CASE HAS BEEN COMPLIED PRIOR TO HEARING.
THE NEXT CASE, OR THE NEXT ITEM IS ITEM NUMBER 1626 OH.
ITEM NUMBER 26, WHICH IS CASE NUMBER 2024 DASH 0 0 6 3 9.
THAT CASE IS COMPLIED WITHOUT A FINE.
AND THERE'S ONE CASE THAT IS GOING TO BE ADMINISTRATIVELY POSTPONED.
AND THAT IS ITEM NUMBER 34, CASE NUMBER 2025 DASH 0 0 1 7 7.
THAT CASE IS BEING ADMINISTRATIVELY POSTPONED.
UM, WITH THE CHAIR'S PERMISSION, I'D LIKE TO CALL THE CASES THAT, UH, SIGNED IN EARLY.
PLEASE, SIR, DO SO, UM, I SEE THAT WE HAVE ITEM NUMBER 22.
I THINK MR. AZI IS HERE AS WELL.
I I HEARD THAT HE WAS PRESENT.
UM, THIS IS CASE NUMBER 2023 DASH 0 8 0 0.
UM, INSPECTOR GERMAN, WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS OR THE STATUS OF THIS CASE? YES.
UH, YESTERDAY THEY HAD A VEHICLE PARKED ON AN IMPROVED SURFACE, WHICH WAS A VIOLATION OF B BUT I TALKED TO THE PROPERTY OWNER ABOUT, HE SAID HE DIDN'T KNOW WHOSE TRUCK IT WAS.
BUT ANYWAY, THAT TRUCK IS NOT THERE TODAY.
UM, OTHER THAN THAT, THE OTHER TWO VIOLATIONS, C AND D HAVE NOT BEEN CORRECTED, BUT THE PROPERTY OWNER DID APPLY FOR, UH, AN AN ENGINEERING PLAN THAT WOULD INCLUDES A PARKING LOT AND THAT WOULD INCLUDE THAT AREA.
UM, WHAT IS THE RECOMMENDATION, UH, OF THE CITY AT THIS TIME? THE CITY RECOMMENDS EXTENDING THE COMPLIANCE DATE TO 4 21 26.
MR. FAROH, DO YOU HAVE ANY QUESTIONS FOR INSPECTOR GERMAN OR ANY COMMENTS FOR THE BOARD? I HAVE NO QUESTIONS.
WE SUPPORT THE CITY'S RECOMMENDATION.
DOES ANYONE FROM THE BOARD HAVE ANY QUESTIONS? NONE.
I'D LIKE TO MAKE A MOTION IN CASE NUMBERS OF CE 2023 DASH 0 0 8 0 0 THAT, UH, THE BOARD EXTEND COMPLETION DATE, COMPLIANCE DATE TO 4 21 20 26.
ANYONE HAVE A SECOND PLEASE? SECOND.
WE HAVE A MOTION FOR THE BOARD.
WE'LL SECOND BY MR. MOSAM BACH.
ANY FURTHER QUESTIONS BEFORE WE VOTE? HEARING NONE.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
NEXT ITEM IS ITEM NUMBER 18, CASE NUMBER TWENTY TWENTY FIVE ZERO ZERO ONE EIGHT ONE.
UM, I THINK THAT'S MR. ZE ON THAT CASE.
INSPECTOR DURANT, WE ARE HERE ON, UH, UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS THAT'S BEEN MADE? UH, YES.
UH, IT'S BEEN MINIMAL PROGRESS, UH, FROM THE OUTSIDE.
I, I SPOKE WITH MR. BELL PROBABLY ABOUT TWO WEEKS AGO, AND HE DID INFORM ME THAT THE, THE CITY HAD A WATER MAN WATER, WATER MAIN LEAK BEHIND HIS PROPERTY.
UH, HE WAS SUPPOSED TO CALL ME BACK ONCE THINGS DRIED UP, UM, BUT HE DIDN'T CALL ME BACK.
BUT TONIGHT, UH, THERE WAS, UH, PHOTOS PRESENTED THAT, UH, THAT'S JUST COME TO THE CITY'S ATTENTION.
SO, UH, YOU ABOUT TO GO AHEAD.
SO I PRESENTED, UH, THE CODE ENFORCEMENT OFFICER, OFFICER DURANT WITH PHOTOS OF THE RETENTION POND SUBSTANTIALLY CLEARED.
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AND I ALSO INFORMED, UH, OFFICER DURANT THAT WE HAD DONE SUBSTANTIAL CLEARING OF PEPPER TREES AND OTHER UNDERBRUSH SO THAT WE COULD GET TO, UH, ABOUT 70, UM, ROLL OFF DUMPSTERS THAT HAD BEEN STORED BY, UH, A PURCHASER.WE ALSO ENGAGED IN, UM, IN NEGOTIATIONS WITH THAT PURCHASER TO COME PAY STORAGE CHARGES AND REMOVE THOSE CANISTERS.
BUT, UH, BUT THOSE NEGOTIATIONS FELL THROUGH.
SO WE ARE NOW IN THE PROCESS OF ASSEMBLING THE, THE DUMPSTERS SO THAT SOMEONE CAN COME AND LOOK AT THEM AND BID ON THEM.
AND IF THEY AREN'T PURCHASED, CRUSH THEM AND MOVE THEM OUT.
UM, BUT NOW WE CAN GET TO THEM.
PREVIOUSLY WE COULDN'T HONESTLY GET TO THEM.
WE WERE DELAYED FOR TWO WEEKS, AND I REALIZE WE'VE HAD A LOT LONGER THAN TWO WEEKS, BUT WE WERE, WE WERE DELAYED FOR TWO WEEKS BECAUSE OF THE FLOODING OF THE PROPERTY, UH, BY THE WATER MAIN BREAK.
UM, BUT WE ARE ATTEMPTING TO BRING THIS PROPERTY INTO COMPLIANCE AND WE WOULD ASK THAT THE BOARD CONSIDER GIVING US A LITTLE MORE TIME TO, TO GET, UM, TO GET THIS PROPERTY IN COMPLIANCE.
AND INSPECTOR DURANT, WHAT IS THE CITY'S RECOMMENDATION? UH, THE CITY RECOMMENDS TO EXTEND A COMPLIANCE DATE TO 4 21 26.
UH, IS THAT A RE RELIABLE AMOUNT OF TIME BASED ON WHAT THEY'VE BEEN DOING AND THE PROGRESS THEY'VE MADE? UH, NO.
IT'S NOT CONSIDERING WHAT THEY NEED TO BE TO GET REMOVED, BUT WE, THE CITY WOULD STILL LIKE TO, YOU KNOW, HOLD THEIR FEET TO THE FIRE, SO TO SPEAK, TO JUST MAKE SURE THAT, YOU KNOW, THINGS ARE PROGRESSING.
AM I CORRECT THAT WE, SO WE EXTENDED FOR FOUR MONTHS, WE GAVE AN EXTRA MONTH.
THE FIRST TIME THE, THE PARTIES WERE HERE, THE RESPONDENTS WERE HERE.
IS THAT CORRECT? THAT'S CORRECT.
SO WE GAVE YOU AN EXTRA MONTH THE LAST TIME? YES.
ANY OTHER QUESTIONS? UM, JUST A QUESTION.
ONE, IS THERE, IT'S BEEN, STUFF HAS BEEN STORED ON THERE FOR A NUMBER OF YEARS AND THERE'S AN AWFUL LOT OF STUFF ON THERE, AND THE FACT THAT THEY ARE MAKING PROGRESS AND THERE'VE BEEN SOME STOPS.
UM, I HAVE NO PROBLEM WITH EXTENDING IT A MONTH TO GIVE 'EM SOME MORE TIME AND THEN THEY CAN COME BACK.
WE CAN REVISIT THAT AND DO WHAT IT IS, BUT I THINK THEY'RE MAKING, UH, I THINK THEIR INTENT, THEIR INTENT IS THERE.
IT'S JUST THE, UH, IS A LOT TO DO.
UM, ANY FURTHER QUESTIONS? CHAIR WOULD ENTERTAIN A MOTION, THEN I'LL MAKE A MOTION.
I MOTION TO, ALTHOUGH DECIDED PROPERTY AND ALL RESPONDENTS IN CE 2025 DASH 0 0 1 8 1 REMAINS IN NON-COMPLIANCE WITH THE BOARD'S PREVIOUS ORDER, THAT THE DATE FOR COMPLIANCE WILL BE EXTENDED TO 0 4 21 26.
SECOND, WE HAVE A MOTION FOR THE BOARD AND A SECOND, BUT MR. THIEL, ANY FURTHER QUESTIONS BEFORE WE VOTE? NONE.
HOW DOES THE VOTE, UH, BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
AND MR. ZE, YOU HAD ANOTHER ONE? UH, YES.
UH, NUMBER 39 ITEM OR CASE NUMBER 2024 DASH 0 0 3 1 2.
THIS IS THE PADDLEBOARD COURT ELBOW CREEK MATTER.
MAY I, MAY I SAY ONE THING THOUGH, WHEN EVERYBODY COMES UP AND AND GOES TO THE MICROPHONE, TO THE PODIUM, PLEASE SPEAK INTO THE MICROPHONE.
WITH, WITH THESE PROCEEDINGS ARE RECORDED, WE NEED TO BE ABLE TO HEAR, IT NEEDS TO BE ON THE RECORD.
CAN EVERYBODY, UH, WHO IS GOING TO BE ADDRESSING THIS MATTER? UH, INTRODUCE THEMSELVES AND STATE HOW THEY ARE ASSOCIATED WITH THIS CASE? UH, MY NAME IS PHILLIPS EAST.
I REPRESENT THE, UH, GENESIS GARCIA TRUST WITH RESPECT TO THIS MATTER.
I REPRESENT MYSELF AT 9 53 PADDLE BOARD COURT.
I'M, I'M 33 PADDLE BOARD COURT.
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AND MR. DEMAR, IF YOU CAN COME TO THE MICROPHONE, YOU'RE GONNA, UM, SWEAR YOU IN.DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO, YES.
UM, OFFICIAL HAROLD, UM, WHAT CAN YOU TELL THE BOARD ABOUT THE STATUS OF THIS CASE? IT'S UNFINISHED BUSINESS.
UH, SO THE VIOLATIONS REMAIN, UH, CURRENTLY A REVIEW OF THE PROPERTY APPRAISERS RECORDS SHOW THAT WE HAVE THREE OUTSTANDING TRACKS THAT HAVE STILL HAVE NOT BEEN DEEDED BACK OVER TO THE ASSOCIATION.
THOSE ARE TRACK T 3.1, T 3.2, AND T 3.9.
WE ALSO HAVE THE FENCE AND RELATED INFRASTRUCTURE WITH THE FENCE, INCLUDING GATES THAT CONTINUE TO HAVE NOT, DO NOT HAVE PERMITS, AND ARE IN THE BREEZEWAY AREA, UH, DESIGNED NOT ACCORDING TO BREEZEWAY, UH, RESTRICTIONS.
THEN FOR LOT 13 AND TRACK T 3.1, WE HAVE UNPERMITTED WORK WITH TIKI HUT, UH, ALTERATIONS TO THE LAND, INCLUDING THE, UH, THE WATER BANK AND, UM, SOME INSTALLED ELECTRIC AND A UN PERMITTED, UH, DOCK.
THEN IN T THREE POINT 12, WE HAVE, UH, A CONTINUED UNPERMITTED MARINE DOCK.
WHAT IS THE CITY'S RECOMMENDATION? UM, TODAY THE CITY IS LOOKING FOR AN AMENDED FINDING, A VIOLATION FROM THE BOARD FOR ADDED ITEMS, G AND H.
AND THAT IS, UH, THE SHORELINE, UH, ALTERATION AND THE, AND THE STORM WATER AREA ALTERATION WITH THE FINDING.
WILL THERE BE A, A DATE OF COMPLIANCE? YES.
AND THEN FOR ALL ITEMS A THROUGH, UM, FA THROUGH, YEAH.
F UH, THEN, UH, EXTEND TO APRIL 21ST.
UM, MR. C, I SEE THAT YOU'RE AT THE PODIUM.
DO YOU HAVE ANY QUESTIONS FOR, UH, OFFICIAL HAROLD, OR ANY COMMENTS FROM THE BOARD? I, I DON'T, I MEAN, I SUPPORT THE EXTENSION OF TIME TO COME INTO COMPLIANCE.
DID I DIDN'T CATCH, ARE YOU REPRESENTING A HOMEOWNER OR ARE YOU REPRESENTING THE HOAI REPRESENT THE TRUST THAT IS A HOMEOWNER HERE.
UM, MR. AUBREY, DO YOU HAVE ANY QUESTIONS FOR OUR OFFICIAL HAROLD, OR ANY COMMENTS FOR THE BOARD? UM, I GUESS MORE OF A COMMENT.
WE'VE BEEN TOLD SINCE DAY 1ST OF MAY, ALMOST TWO YEARS AGO, IT WILL BE BY THE BUILDERS AND THE BUILDER'S ATTORNEY.
CHILL, RELAX, WE GOT THIS COVERED OR MEET WITH THE CITY.
I THINK IT WAS YESTERDAY OR THE DAY BEFORE.
I GOT THE EMAIL FROM JACK SPEAR SAID, NOW HE'S GONNA LITIGATE AGAINST US FOR A, SOME KIND OF DEED OR WHATEVER.
AND WE'VE ASKED SINCE THE BEGINNING THAT WE WANNA DO EVERYTHING THAT'S NECESSARY TO TAKE THE STEPS.
YOU KNOW, WE JUST WANT LIKE IN BLACK AND WHITE, WHAT WE'RE GONNA DO FROM HERE OR WHATEVER, AND JUST CHILL, CHILL, CHILL.
WE'RE GOING WORK WITH THE CITY AND WE'LL GET IT DONE.
OUR LAWYERS, THEIR LAWYER, WHATEVER.
AND SO WE KIND OF BEEN LIKE, OKAY.
BECAUSE NOW I GUESS IT'S COME TO A POINT, IT'S NOT GONNA BE THAT WAY.
WHAT'S, IS THIS ENTITY AND HOA IT'S TWO, CORRECT? YES, THERE IS, THERE IS H HOA AS PART ONE OF THE PART, UH, CITED PARTIES IS THE HOA.
SO ARE THESE VIOLATIONS AGAINST OWNERS OR THE COMMON GROUNDS? THERE ARE VIOLATIONS AGAINST THE OWNERS AND THERE ARE VIOLATION AS, AS PART OF THE ASSOCIATION AND VIOLATIONS AGAINST SPECIFIC OWNERS FOR VIOLATIONS THAT ARE ON THEIR SPECIFIC PROPERTIES.
SHOULD THEY NOT BE SEPARATE, SEPARATED OUT? 'CAUSE UNDER THE LAW THAT HOA HAS DIFFERENT RESPONSIBILITIES THAN THE ERROR, THEY'RE, THEY'RE UNDER ONE CASE NUMBER, BUT THEY WILL BE SEPARATE OUT IF, IF A FINE STARTS, THEY'LL BE SEPARATE LIENS AND SEPARATE ORDERS FOR EACH ONE.
'CAUSE WE, WE TAKE AN IN ACCOUNT TO THAT.
SO WE KNOW WHO HAS TO FIX WHAT.
SO IN MR. AUBREY'S CASE, UH, HE'S CITED SEPARATELY.
IT SEEMS LIKE IT'S ALL UNDER THE SAME CASE.
IT'S EACH ONE OF THOSE CASE NUMBERS HAS FOR EACH CITED PROPERTY, UH, PROPERTY, UH, RESPONDENT, IT'D BE CASE NUMBER.
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PROPERTY IS, RESPONDENT IS A, AND THE NEXT RESPONS, UH, RESPONDENT IS B AND SO ON SO FORTH.SO THEY'RE SEPARATED BY A, B, C, AND D AND SO FORTH.
UM, AND SO WHEN WE DO THOSE ORDERS, ALL THAT COMES OUT AS, AS THAT IS IT.
IS THERE A, HAS THERE BEEN CONTACT WITH WHAT IS CALLED A BOARD THAT REPRESENTS THE ASSOCIATION? YES.
UH, MR. UM, THE ATTORNEY, UH, SPIRO S SPRA, THE ATTORNEY SPIRE REPRESENTS THE BOARD.
HE'S BEEN HERE ON SEVERAL OCCASIONS.
THEIR BOARD, WELL, I'M TALKING ABOUT CORRECT.
YEAH, I, SO THEIR BOARD IS RESPONSIBLE UNDER THE FLORIDA STATUTE SEVEN 20 FOR HOA COMPLIANCE, RIGHT? THAT IS CORRECT.
FOR THE CITED VI ALL THE CITED VIOLATIONS, THEY ARE, UH, UH, HAVE BEEN CITED FOR THAT.
AND, AND AS I READ THIS, I READ THAT THE ARCHITECTURAL, THERE'S AN ARCHITECTURAL BOARD THAT'S PART OF THAT ASSOCIATION THAT SUPPOSED TO APPROVE MODIFICATIONS, ANY CHANGES THAT, THAT'S OUTSIDE THE SCOPE OF US.
THAT'S PROBABLY SOMETHING THAT THEY INTERNALLY DID ONCE THE, ONCE IT WAS TRANSFERRED TO THE HOA, THE BOARD SET UP PROBABLY SEMI COMMITTEES OR BOARDS, THAT WAS PROBABLY ONE OF THOSE, YES.
JUST TO BE, WELL, WHAT I'M TRYING TO FIGURE OUT IS THE, ARE THE OWNERS RESPONSIBLE BECAUSE THE BOARD FAILED TO EXERCISE DUE DILIGENCE OR THEIR RESPONSIBILITIES? THEY HAVE A CERTAIN EXTENT OF LIABILITY.
JUST TO BE CLEAR, SIR, THE DEVELOPER HAS NOT YET TURNED OVER CONTROL OF THE BOARD.
HE, SO HE STILL REALLY OWNS THIS THING.
SO WE CITED BOTH THE DEVELOPER AND THE HOA.
CAN I EXPLAIN A COUPLE THINGS WITH THE THING THAT HE WAS TALKING ABOUT, THE, THE CHEEKY, I WORK WITH FPL, SO I WORK ALL OVER THE COUNTY AND I'VE SEEN A BUNCH OF THE IES AND TALKED TO HOMEOWNERS.
THEY GO, YEAH, YOU, YOU GET THE, THE MAKE A SU KEYS OR THE SEMINOLE PUT IT IN.
AND I CHECKED WITH 'EM AND THEY GAVE ME A FORM AND EVERYTHING.
SO I FOUND, I, I PUT IT IN, I ASKED STEVE JUNIOR, ONE OF THE OWNERS, THE HOA SAY, I'M GONNA PUT THIS IES.
YOU DON'T NEED A PERMIT 'CAUSE OF THE INDIAN THING OR WHATEVER, OR GRANT.
SO I, I PUT IT IN AND THE PAVER, I SAID, WELL, WHAT ABOUT PAVERS? I WANNA PUT THEM IN.
I SAID, BECAUSE I'M WATCHING THIS STUFF GIVE YOU MOW AND GOING INTO THE RIVER.
I WANNA PROTECT THE RIVER AND THE, AND THE WILDLIFE.
SO HE SAID, OH YEAH, PAVERS ARE, PAVERS ARE LANDSCAPING PAVER, THE HOA, HE SAID, PAVERS ARE LANDSCAPING.
HE SAID, IF YOU POUR CONCRETE A SLAB, YOU HAVE TO GET A PERMIT WITH ALL YOUR PAVERS, THEN YOU'RE OKAY.
THE CHEEKY AND IT, AND I DID ADD, I ADDED A FAN, A CEILING FAN, TO THE CHEEKY, WHICH I DIDN'T KNOW.
BUT THEN I GUESS, UH, GARY DRAWN COME BY AND SAID, WELL, THE CHEEKY MIGHT BE OKAY, BUT NOT THE ELECTORATE BECAUSE YOU GOTTA GET A PERMIT FOR THAT.
AND I WOULD, I JUST WANNA KNOW, HOW DO I GO TO TO, TO FIX THIS? I'LL DO WHATEVER, FILE ALL THE PAPERWORK, GET THE PERMITS, GET THE INSPECTIONS, PAY THE FEES, WHATEVER PENALTY, YOU KNOW, BUT I JUST WANNA KNOW TO KNOW HOW TO FIX IT.
SO FIRST OFF, IT, IT'S TWO PART ANSWER TO YOUR QUESTION.
THE FIRST ANSWER IS, AS THIS BOARD, THIS BODY, WE CANNOT GIVE YOU INSTRUCTIONS ON HOW TO FIX THAT.
THAT'S GONNA HAVE TO COME FROM THE CODE ENFORCEMENT AND, AND, AND CITY PERMITS.
THEY ARE THE ONES WHO ARE GONNA GIVE YOU CLARITY ON WHAT YOU HAVE TO DO.
UM, AT THIS POINT IN TIME, WE'RE WAITING FOR THE PERFECTION OF THAT LAST ONE OR TWO DEEDS, REALLY? IS THAT WHAT WE'RE WAITING ON? THREE OUTSTANDING DEEDS.
ONCE THEY ARE, UH, DEEDED BACK TO THE HOA, WHETHER IT BE THE DEVELOPER OR THE OWNERS, UH, WOULD START THE PROCESS FOR MR. AUBREY TO START GETTING PERMITS.
AND JUST SO THE BOARD IS CLEAR, WE HAVE OFFERED FOR OVER A YEAR TO CONVEY THIS PROPERTY BACK.
IF THE DEVELOPER WILL PUT IN WRITING, HERE'S WHAT WE'RE GOING TO DO.
IF WE DON'T DO WHAT WE SAY WE'RE GONNA DO, AND THEY HAVE REFUSED TO PUT IN WRITING, THIS IS WHAT WE'RE GONNA DO.
AND HERE'S WHAT HAPPENS IF WE DON'T.
AND, AND THAT'S WHY THESE DEEDS ARE BEING HELD UP TO PUT FIRE TO THE FEET OF THE DEVELOPER TO DO WHAT THEY SHOULD DO.
SO THE QUESTION I HAVE IS, IS THERE REALLY AN HOA UNTIL THE DEVELOPER GIVES EVERYTHING OVER TO THE HOA, CAN YOU DO IT IN PIECES? THAT'S AN ARGUMENT THAT WE'VE BEEN HAVING WITH THE OTHER, WITH THE DEVELOPER.
SO HOW CAN WE WORK THAT QUESTION? IT'S OUTSIDE OUR WHEELHOUSE, SO WE CAN'T, WE REALLY, THE, WE REALLY CAN'T TAKE ANY ACTION THIS POINT IN TIME UNTIL THOSE DEEDS ARE PERFECTED AT THAT POINT IN TIME.
THEN WE GET CLARITY AT THAT POINT IN TIME, WE CAN THEN TAKE ACTION AS THE BOARD.
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IS CORRECT IS WHAT WE HAVE THE FINDING ON THE TWO EXTRA VIOLATIONS FOR THE CITED PARTIES AND AN EXTENSION OF THE REMAINING VIOLATIONS ALL UNTIL APRIL 21ST.DO YOU WANT THAT IN TWO SEPARATE MOTIONS OR ONE MOTION BEFORE WE DO? MR. DEMARK MAY HAVE SOMETHING TO EITHER ASK OF OFFICIAL HAROLD OR TO SAY TO THE BOARD.
UM, I JUST WANTED TO ADD THAT IT, IT MIGHT NOT BE CLEAR TO SOME PEOPLE ON THE BOARD THAT I WAS SOLD THE PROPERTY AFTER THE DEVELOPER SUBDIVIDED AN ENTIRE TRACK, AN ENTIRE TRACK INTO SEPARATE SECTIONS.
AND THE BOARD MADE HIM, UH, THE CODE VIOLATION DEPARTMENT MADE HIM FULLY AWARE THAT HE WASN'T ALLOWED TO DO THAT.
HE SOLD ME THE SUBDIVIDED TRACK, MY AGREEMENT OF SALES, AND MY SALES CONTRACT ALSO HAD A DOCK THAT HE SOLD ME.
SO I WAS SOLD A BILL OF GOODS, BUT THAT, THAT'S NOT, THAT'S NOT WHY I'M HERE TODAY.
UM, LAST TIME YOU GUYS HAD A HEARING, UM, I GUESS IT, IT WAS NOTED THAT WE WEREN'T GIVING PROGRESS REPORTS.
I JUST WANTED TO LET YOU KNOW THAT I DID FORWARD, UM, PROGRESS REPORTS UP UNTIL, UM, I PARTED WAYS WITH MY LAST ATTORNEY.
UM, I BELIEVE, UM, MR. HAROLD'S AWARE OF THE NEW ATTORNEY.
IF, IF THE BOARD CODE VIOLATION BOARD COULD KINDLY, WHAT'S HIS NAME AGAIN? IT'S, IT'S JIM MORRIE AND I BROUGHT HIS INFORMATION YET AGAIN, HE'S NOT GETTING THIS, THIS INFORMATION.
AND I'M SORRY, I HAD TO FIND A NEW ATTORNEY, BUT THE, THE LAST ATTORNEY WASN'T, UM, WHO I'M CURRENTLY WITH.
WHO, WHO WAS THE OTHER, THE PREVIOUS ATTORNEY WAS THAT, UM, NATHAN MULLOON WAS MULLOON.
UM, SO I DO HAVE A NEW ATTORNEY.
I SPOKE WITH THAT NEW ATTORNEY, UH, AND I HAVE HIS CONTACT INFORMATION RIGHT HERE.
UH, THIS PAST SATURDAY HE'S BEEN WORKING WITH, HE'S BEEN IN CONTACT WITH THE HOA, HE'S BEEN IN CONTACT WITH THE DEVELOPER AND HE'S SHARED CORRESPONDENCE WITH MR. HAROLD.
I, I BELIEVE, UM, WE DIDN'T CAUSE THIS ISSUE.
THE, THE OWNERS OF, UH, PADDLE BOARD DIDN'T CAUSE THIS ISSUE.
UM, I JUST WANTED TO, TO NOTE THAT THE DEVELOPER WAS NOT SUPPOSED TO SUBDIVIDE THAT TRACT AND THEN PROCEED WITH SELLING SUBDIVIDED TRACKS TO EACH AND EVERY OWNER.
UM, IN SPITE OF ALL THAT, MY NEW ATTORNEY, UH, TELLS ME THAT HE'S CLOSE TO WORKING SOMETHING OUT SO THAT WE CAN TURN OUR PART OF THE DE OVER.
BUT WE, WE WERE BEING FORCED INTO IT.
AND I BELIEVE THAT A LOT OF THE OTHER OWNERS WERE, UH, FORCED INTO CAPITULATION FOR THEIR DEEDS ON I HAVE MR. CHAIRMAN, UH, MR. LUER WAS FIRST DE RIGHT? YES, SIR.
MR. AND MY QUESTION IS, UH, TO YOU, MARK, UM, IF WE'RE CITING INDIVIDUAL OWNERS FOR CERTAIN PROBLEM, DO WE FIND EACH INDIVIDUAL OWNER SEPARATELY? SEPARATELY? OKAY.
SO IF WE SAY IT'S GONNA BE A BAZILLION DOLLARS A DAY, EVERYONE'S PAYING A BAZILLION DOLLARS A DAY, WHAT WE WOULD DO WHEN WE GET TO THAT PORTION, WE WOULD SAY CASE NUMBER AND THE PROPERTY ASSOCIATED WITH IT, WHETHER IT BE A, B OR C, WOULD, WE WOULD RE RECOMMEND STARTING A FINE FOR THAT ONE AT THIS AMOUNT.
THEN WE'D GO TO THE NEXT SIDED PARTY.
THAT ANSWER MY, FOR THIS AMOUNT, SO ON AND SO FORTH.
MR. UH, IT THE, WE'VE GOT HERE IT IS ELBOW CREEK TOWN TOWNHOME.
THAT'S THE HOA PER SE, OR IS THAT THE OWNER? THE, IT IT'S THE HOA THAT'S CONTROLLED BY THE DEVELOPER.
THE VIOLATION IS IS AGAINST ELBOW CREEK TOWNHOMES, NOT THE INDIVIDUAL OWNERS.
NO, THEY, SO THE INDIVIDUAL TRACKS T 3.1.
MR. AUBREY, HE IS THE CURRENT OWNER OF THAT TRACK.
HE IS ALSO UNDERSTAND, CONSIDERED UNDERSTAND, UNDERSTAND A VIOLATOR SEPARATELY.
UNDERSTAND, BUT THE VIOLATION, IS IT AGAINST ELBOW CREEK TOWN HOMES? IT'S AGAINST ELBOW, IT'S AGAINST ELBOW CREEK TOWN HOMES HOMEOWNERS ASSOCIATION INCORPORATED, ELBOW CREEK TOWN HOMES ASSOCIATION INCORPORATED.
AND, UH, MR. AUBREY, MR. DEMAR AND, AND HIS, OKAY.
SO THEY'RE ALL INDIVIDUAL LISTED? THAT'S CORRECT.
IT'S IN, IT'S IN A, IT IT'S IN SUBSECTION A.
IT LISTS ALL OF THOSE, ALL OF THE UNITS ARE TO NO, I, I DON'T, I'M JUST WANNA MAKE IT CLEAR TO EVERYBODY ELSE THAT THE VIOLATION IS NOT AGAINST ELBOW CREEK TOWN HOMES, AS IT SAYS
[00:30:01]
HERE, IT IT IS, IT IS AGAINST THEM PLUS, YES.EACH INDIVIDUAL OWNER, CORRECT.
LISTED ON LOTS ART ONE THROUGH, UH, INDIVIDUALLY.
EACH ONE INDIVIDUALLY AFTER THAT.
WELL, I'M STILL CONFUSED AS TO HOW YOU CAN HAVE AN ASSOCIATION THAT'S RESPONSIBLE AS A FIDUCIARY RESPONSIBILITY TO THE OWNERS AND THEN TAG THE OWNERS BECAUSE THE ASSOCIATION DIDN'T DO THEIR JOB.
THAT'S THE ANSWER TO YOUR QUESTION IS WE DON'T HAVE THAT YET.
WE HAVE, IS THAT SOMETHING WE NEED BEFORE WE DO ANYTHING TO FAIR AND NO, WE, I DON'T KNOW WHAT WE'RE DOING.
ACTUALLY, THE CITY HAS CITED THE PROPER PARTIES INDIVIDUALLY IN THIS ONE CASE.
SO THE, THE WAY THAT I THINK OF IT IS THIS, THERE'S A HOA, WHICH IS RESPONSIBLE THE ENTIRE PROPERTY, AND THERE'S ISSUES WITH THE HOA THAT THEY ARE RESPONSIBLE FOR THAT THEY CAN FIX.
THE HOA HAS THE ABILITY TO FIX THESE ISSUES.
AND THEN THERE'S THE OWNERS OF THE INDIVIDUAL LOTS.
AND THOSE INDIVIDUAL LOTS HAVE ISSUES THAT THOSE OWNERS CAN FIX.
SO WE ARE CITING EVERYBODY FOR WHAT THEY CAN FIX.
AND THEY ARE HELD ACCOUNTABLE FOR WHAT THEY, WHAT IS WITHIN THEIR CONTROL.
SO THE HOA CAN FIX THIS, THIS PROPERTY OWNER CAN FIX THIS, AND YOU ARE RESPONSIBLE, UH, HOA FOR THIS.
AND MR. PROPERTY OWNER, YOU'RE RESPONSIBLE FOR THIS.
THAT REQUIRES COOPERATION OF, OF ALL OF THEM TOGETHER TO EVEN GET STARTED.
SO WHICH OF THESE ITEMS ARE THE OWNERS ONLY? SO IN THESE, THE THREE REMAINING TRACKS THAT ARE NOT DEEDED OVER TO THE HOA, THOSE ARE INDIVIDUAL PARTY CITATIONS.
IS THAT GH WHICH IT WOULD BE, UH, H UH, I MEAN A THROUGH G.
AND THEN THERE ARE TWO UNPERMITTED DOCKS, WHICH ARE BOTH THE HOA AND INDIVIDUAL PROPERTY OWNERS FOR, UH, TRACKS T 3.1 AND T 3.9.
AND THEN THERE IS, UH, FOR T 3.1 ONLY.
AND THE HOA IS THE OTHER UNPERMITTED WORK FOR THE SHORELINE, UH, ALTERATIONS, THE STORM WATER ALTERATIONS AND THE STRUCTURE INTELLECTUAL.
AT THIS POINT IN TIME, I THINK WHAT IS THE BEST COURSE OF ACTION IS WE NEED TO ALLOW THE NEXT SIX WEEKS SO WE CAN GET THOSE DEEDS PERFECTED.
ONCE THOSE ARE DONE, THEN WE CAN BRING, THEN ALL PARTIES ARE ADJOINED AT THAT TIME, THEN WE, THEN THE CITY CAN LAY OUT THEIR CASE FOR US.
EVERYBODY HAS AN OPPORTUNITY TO BE HERE AT THAT MEETING, AND I THINK THAT'S OUR BEST COURSE OF ACTION AT THIS TIME.
BUT CAN THEY HOLD TO THAT? WELL, WELL, THEY'LL HAVE SIX WEEKS TO FIGURE OUT WHY THEY'RE NOT BEING DO MOVING FORWARD.
WE'VE ALREADY ARE WORKING INTO, WHAT, TWO YEARS? UH, AND WE'RE NOT MAKING MUCH HEADWAY OTHER THAN THE, THE, UH, EXCEPT FOR THE LOTS.
THEY DO HAVE, UH, ONLY THREE LEFT.
UM, BUT THE REST OF IT, LIKE THE, THE FENCE, UH, THAT'S IN THE BREEZEWAY WITH NO PERMITS.
UM, THE OTHER UNPERMITTED WORK, THE EXTRA DOCKS, UH, NONE OF THAT HAS MOVED FORWARD AT ALL.
ARE THE DOCKS LIKE OWNED BY INDIVIDUALS? NOT THE HOA? BOTH.
WELL, ONE, ONE DOCK IS OWNED BY MR. AUBREY.
THE OTHER DOCK IS UNCLEAR TO ME.
ARE THAT IS FOR, THAT WOULD BE I THINK THE GARCIA'S, SO THE GARCIA LOT HAD A FLOATING DOCK, BUT THAT DOCK HAS BEEN GONE FOR ALMOST A YEAR.
IT MIGHT BE A, UH, IT WOULD BE THIS ONE OVER FURTHER TO THE SOUTH.
UH, WE FURTHER THIS TO THE SOUTH.
OH, ACTUALLY MY FAULT THAT ACTUALLY THAT DOCK IS ACTUALLY, UH, T 3.9.
THAT DOCK IS THE ACTUALLY OF THE H-O-A-I-I BOUGHT THE ORIGINAL FIRST PROPERTY GREEN IN THE, THE SOUTH.
AND WHEN I ASKED THEM, I SAID, I'M NOT BUYING IT UNLESS I GET A DOCK.
YOU DON'T HAVE, WHEN YOU GET A DOCK, THERE WAS ONE HERE, THEY TOOK IT OUT FOR DREDGING AND THEY SAID YOU WILL GET A DOCK.
AND I STARTED OUT WITH 500,000 IN UNIT.
OH, YOU WANT A DOCK? IT'S FIVE 50 AND I PAY FIVE 50 AND I'VE ALSO PAID $7,000 A YEAR AS TAX, AS WATERFRONT PROPERTY FROM LIKE THE COUNTY ON TO ISSUE YOUR TAX THING.
LIKE I HAVE WATERFRONT PROPERTY.
SO ON THAT POINT ALONE, YOU'RE BEING TAXED FOR WATERFRONT PROPERTY? YES, SIR.
[00:35:01]
SOLE OWNER OF THAT.IT'S NOT IN COMMON WITH HOA, BUT THEY DID THAT SUPPOSEDLY.
THE, SO NOT PROPERLY THE, THE BUILDER WE'RE CITING THE PROPERTY OWNER AS THE OWNER OF THE PROPERTY AND WE'RE CITING THE HOA AND THE DEVELOPER AS THE ACTUAL VIOLATOR.
NO, BUT I PAID TAXES FOR LIKE TWO YEARS FOR WATERFRONT PROPERTY FOR TWO YEARS.
WHERE BEFORE I GOT A NOTICE THAT, OKAY.
RESPONSIBILITY, NOT SO RESPONSIBILITY AND ACCOUNTABILITY DOESN'T SEEM TO JIVE, BUT THAT'S OKAY IF THERE'S NOTHING FURTHER, WE HAVE A, A ROOM FULL OF CASES TONIGHT, SO, UM, WE'LL JUST DELAY IT.
SO THE CITY, AGAIN, RECOMMENDATIONS FINDING FOR THE EXTRA TWO VIOLATIONS, WHICH ARE, UH, UH, YES.
H AND I AND THEN, UM, H AND I.
AND THEN EXTEND COMPLIANCE FOR A THROUGH G.
SO YOU WANT THAT, IS THAT ONE MOTION OR IS THAT TWO SEPARATE MOTIONS? YOU CAN PUT IT IN ONE MOTION OR TWO SEPARATE AS YOU CHOOSE.
IF YOU GO WITH, UH, UH, NUMBER NINE AND, UH, A FOR H AND I AND G FOR A THROUGH, UH, G WOULD BE, WOULD BE APPROPRIATE.
AND YOU GOT A, YOU GOT A DATE ON A THROUGH G, A FIRST 4 21.
THERE'S NO MORE, UH, QUESTIONS.
CHAIR WOULD ENTERTAIN A MOTION AT THIS TIME.
I CAN EXTEND THE WHOLE PACKAGE TO 4 21, BUT TO BREAK IT OUT, I, I DON'T GET IT.
AND CASE NUMBER CE 2024 DASH 0 3 1 2.
THAT VI UH, ITEMS H AND I BE FOUND IN VIOLATION.
AND AFTER RECEIVING NOTICE, CI OF PROPERTY AND ALL RESPONDENTS BE FOUND IN VIOLATION OF CITY CODE CI AND SIDE OF PROPERTY.
AND ALL RESPONDENTS BE GIVEN UNTIL 4 21, 20 26 TO COMPLY OR FILE OF UP TO $250 PER DAY BE ASSESSED FOR EACH DATE OF VIOLATION.
AND I MAKE, UH, MY MOTION ALSO IS FOR ITEMS, UH, A THROUGH G THROUGH G TO EXTEND THE COMPLIANCE DATE UNTIL 4 21 20 23, 6.
ALRIGHT, SEEKING CLARITY, IT'S A FINDING FOR DNH HOLD ON.
SO YOU ARE CORRECT FOR FINDINGS FOR H AND I AND THEN, UH, EXTENSION A THROUGH G.
I HAVE A MOTION BEFORE THE BOARD WITH A SECOND WITH MS, UH, FULTON.
UM, ANY FURTHER QUESTIONS OR DISCUSSIONS? IF NOT, WE'LL VOTE AT THIS TIME.
THOSE IN FAVOR? VOTE A, A, A AS OPPOSED NAY.
NEXT ITEMS. ITEM NUMBER 11, CASE NUMBER 2023 DASH 0 0 3 1 3.
PROPERTY LOCATED AT 25 38 PINEAPPLE AVE.
COURT NUMBER, SIR, CAN YOU RAISE YOUR RIGHT HAND? YES.
DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
AND WHAT'S YOUR NAME? JOEL ESPINO.
AND HOW ARE YOU ASSOCIATED WITH THE PROPERTY? UH, PROPERTY MANAGER FOR THE PROPERTY.
WE'RE HERE ON UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? IT'S MY UNDERSTANDING IT'S BEEN COMPLIED, CORRECT? IT'S, IT'S BEEN A PROCESS, BUT, UH, THE PERMITS HAVE BEEN, UH, ISSUED AND THE PROPERTY HAS NOT COM COMPLIED, UM, WITH THE FINE OF 19,200.
SO THE CITY'S HERE TO ANNOUNCE THAT COMPLIED WITH THE FINE OF 19,200, NO FURTHER ACTION NEEDED BY THE, UH, BY THE BOARD THEN, CORRECT? CORRECT.
I'M SURE THERE THEY WOULD, THEY'D WANT TO HEAR FROM THE RESPONDENT.
I, I JUST WANT TO THANK THE LADY AND GENTLEMAN OF THE BOARD, UM, RALPH, UH, OFFICER KELLER.
UH, AS HE SAID, IT'S BEEN A LONG WAYS.
WE HAD, UM, A LOT OF CONTRACTORS THAT KIND OF LEFT THE PROPERTY OWNER OUT TO DRY IN, IN THIS, BUT WE'RE HAPPY TO NOW WE'VE GOT IT BEHIND US.
WE WILL APPLY FOR, UH, A RESCISSION AND, YOU KNOW, WE'LL SPEAK MORE ABOUT THOSE DETAILS AT THAT TIME.
[00:40:01]
BUT FOR TODAY, I JUST WANT TO THANK EVERYBODY FROM THE BOARD.NEXT CASE, NEXT ITEM IS ITEM NUMBER 15, CASE NUMBER 2025 DASH 0 8 3 7.
THIS IS THE PROPERTY LOCATED AT, UM, 25 0 5 PINCO LANE.
WE DON'T, WE DON'T HAVE A RESPONDENT, UH, BUT WE DO HAVE A CONCERNED, UH, NEIGHBOR AND ATTENDANCE.
ALRIGHT, SIR, CAN YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
AND WHAT IS YOUR NAME? STEVEN RUSSELL.
AND HOW ARE YOU ASSOCIATED WITH THE PROPERTY NEIGHBOR AND PRESIDENT OF HOA INSPECTOR KELLER? WE ARE HERE ON NEW BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE VIOLATION IN THIS CASE? UH, SO WHAT WE HAVE HERE IS A, UM, A, UM, A PULL PERMIT FROM 2020 THAT THE, UM, PROPERTY OWNER WHO'S ACTING AS A CONTRACTOR, AUSTIN BUILDERS, UH, ERIC AUSTIN OWNS THE, THE PRO, UH, THE HOUSE, THE PROPERTY, UH, HE JUST CAN'T SEEM TO FINISH THIS POOL PERMIT AND HE KEEPS GETTING EXTENSIONS, FIVE OF THEM.
BUT HERE WE STILL HAVE A, AN UNFINISHED POOL.
SO ONE OF THE THINGS HE'S BEEN CITED FOR IS THE, THE POOL AND ACCESSORY STRUCTURE, UH, BEING IN, IN, UM, IN DISREPAIR BECAUSE THAT POOL HASN'T, POOL PERMIT HASN'T BEEN FINALED OUT.
AND YOU CAN ALSO SEE IN YOUR PHOTOS THERE THAT, UM, HE DOES HAVE A, A BABY FENCE TO MITIGATE THE LIFE SAFETY ISSUE WHILE THE UM, UH, POOL PROJECT IS GOING ON.
HE DOESN'T ACTUALLY HAVE A, A FENCE AROUND THE WHOLE BACKYARD OR POOL ENCLOSURE, BUT HE'S USING THE POOL, UH, OR THE BABY FENCE TO MITIGATE THE LIFE SAFETY ISSUE.
BUT AS YOU CAN SEE THERE, THERE'S A SECTION DOWN.
UH, SO HE'S IN VIOLATION OF A, OF A LIFE SAFETY ISSUE AS FAR AS AN UNSECURED POOL.
UM, UH, LIKE I SAID, HE, UH, ITEM B'S, UH, KEEPS GETTING THE, UH, BUILDING PERMIT VOIDED.
AND THEN THE NEIGHBORHOOD WILL CALL AND SAY, WHAT'S GOING ON WITH THIS? AND, UM, HE WILL BE, BE NOTIFIED SOMETIMES MEANS SEND A NOTICE OF VIOLATION, HE'LL GET THE POOL, UM, EXTENDED AND HE THINK HE'S GONNA MOVE ON WITH THIS PROJECT.
IN HIS DEFENSE, COVID SLOWED A LOT OF US DOWN.
RIGHT? AND THAT'S ONE OF HIS ISSUES HE HAD WITH, UM, HE CLAIMED WITH THE, WITH THE PAVERS, HAD A PROBLEM GETTING THOSE DELIVERED AND THAT SORT OF THING, SO, OKAY.
BUT COVID HAS BEEN OVER FOR NOW, AND, AND AGAIN, JUST, UM, JUST LAST YEAR HE, HE GOT THE POOL PERMIT EXTENDED ONCE AGAIN.
UM, BUT THE CITY AND THE NEIGHBORHOOD IS FRUSTRATED.
HE NEEDS TO MOVE FORWARD WITH THIS, UH, POOL PERMIT OR HE, HE'S GOING TO BE IN JEOPARDY OF GETTING FINED.
UM, AND, UH, ITEM G, THE MOSQUITO, UH, ABATEMENT.
UM, I HAVEN'T ACTUALLY SEEN MOSQUITO BREEDING IN, IN THE, IN THE POOL.
UM, ALL MY INSPECTIONS ARE DONE FROM THE RIGHT OF WAY.
THE ASSUMPTION WAS THAT HE WAS PRO PROBABLY BREEDING MOSQUITOES SINCE IT'S JUST SITTING THERE.
UM, BUT IF YOU LOOK IN THE LOWER RIGHT PHOTO THERE, YOU'LL SEE WHERE HE'S GOT A PVC PIPE COMING FROM.
I THINK HE'S KEEPING IT WELL DRAINED.
SO THE, THE CITY WOULD LIKE TO DISMISS ITEM G.
WHAT, UH, ARE THE DATES FOR THE NOTICE OF VIOLATION? THE NOTICE OF HEARING? SO THE, THE, UH, NOTICE OF VIOLATION FOR THIS SPECIFIC CASE, AGAIN, THERE'S, IT'S BEEN SEVERAL OVER THE YEARS.
UM, IT WAS, UH, UH, DECEMBER 2ND, 2025, THE, UM, THE NOTICE OF VIOLATION WAS SENT.
AND ON JANUARY 29TH, 2026, THE NOTICE OF HEARING WAS SENT.
AND ON FEBRUARY 9TH, THE CITY RECEIVED A GREEN CARD, UM, THAT WAS SIGNED BY LESLIE AUSTIN, ERIC AUSTIN'S WIFE.
NOW YOU MENTIONED RECURRING VIOLATIONS FOR I BELIEVE, UM, VIOLATION B AND D.
WHAT WERE THE DATES OF THE OTHER, UM, UH, VIOLATIONS? MARK, GO BACK TO THE OTHER SLIDE.
IT, IT WOULD GIVE YOU A NICE RUNDOWN ON THAT.
UM, BUT I'LL, UM, SPEAK THEM INTO THE RECORD.
UH, THERE WAS A, A CASE BACK IN 2022.
THE NOTICE OF VIOLATION WAS SENT ON OCTOBER, UH, 20TH OF 2022.
UM, IT WAS AN ANOTHER CASE, UM, BUT HE GOT THE POOL EXTENDED.
UM, AND THEN IN 2024, UH, JULY 29TH, 2024, THE NOTICE OF VIOLATION WAS SENT FOR THE EXPIRED PERMIT.
AND, UH, ANOTHER CASE, DECEMBER OR THIS CASE, THE, UM, THE NOTICE OF VIOLATION WAS SENT IN, IN, UH, DECEMBER 2ND, 2025.
[00:45:01]
UM, IS IT RUSSELL? YES.DO YOU HAVE ANY QUESTIONS FOR INSPECTOR KELLER OR ANY COMMENTS FOR THE BOARD? UH, THIS HAS BEEN AN ONGOING EVENT.
WE MOVED INTO THE NEIGHBORHOOD IN DECEMBER OF 2021.
WE JUST AS HAVING BEEN IN THE POOL BUSINESS FOR MANY YEARS, WE JUST ASSUMED HE WAS DOING THIS.
SAID THAT HE COULDN'T GET PAVERS, PAVERS WERE DELIVERED, SAT IN THE YARD FOR OVER A YEAR BEFORE HE INSTALLED THEM.
UH, THEN IT SAT VACANT UNWORKED FOR MANY MONTHS.
HE STARTS SOMETHING AND THEN AS SOON AS THE PERMIT EXPIRES, HE'LL GET IT RENEWED.
DO SOMETHING, WAIT FOR THE PERMIT TO EXPIRE UNTIL HE DOES IT AGAIN.
THIS HAS HAPPENED SEVERAL TIMES.
AS MR. KELLER HAS EXPLAINED, HE IS AT THE ENTRANCE TO THE HOA.
WHEN YOU PULL INTO THE NEIGHBORHOOD, THAT'S THE FIRST THING YOU SEE.
ANYTHING ELSE? ANYTHING ELSE? QUESTION? WHAT IS ANYTHING ELSE? I CAN'T, ANYTHING ELSE? NO, SIR.
I WOULD JUST LIKE TO SEE THIS PROJECT FINISHED.
I HAVE OFFERED MR. AUSTIN TO HELP.
WHAT, WHAT IS, SO WHAT'S THE CITY'S RECOMMENDATION? UH, THE CITY'S RECOMMENDATION IS TO, FOR A FINDING.
UM, IT'S GONNA BE A TWOFOLD, UM, UH, RECOMMENDATION AS FAR AS THE, UM, THE, UH, THE ORDER AS FAR AS, BUT, UM, THE FINDINGS GONNA, THE RECOMMENDATION FOR THE CITY'S GOING TO BE FINDING IN VIOLATION FOR, UH, ITEMS, UH, C, E, AND F AND AS A RECURRING, UM, VIOLATION, NOT A REPEAT, BUT A RECURRING VIOLATION FOR ITEMS A, B AND D.
SO ON YOUR, ON YOUR, UH, MOTION SHEET ITEM NINE A AND B, IF YOU CAN PULL THOSE TOGETHER, UM, AGAIN, FINDING IN VIOLATION GIVEN TO APRIL 21ST, 2026 TO COMPLY.
WELL, MR. LIMMER WAS FIRST, GO AHEAD.
UM, DID YOU SAY YOU WERE IN THE POOL BUSINESS AT ONE TIME? YES, SIR.
OKAY, SO, AND YOU? 20 PLUS YEARS.
OKAY, SO THERE'S A DIFFERENT COMPANY BUILDING THE POOL.
OH, I HAD NOTHING TO DO WITH THE CONSTRUCTION OF THIS OR ANYTHING LIKE THAT.
SO YOU'RE NOT, YOU'RE, YOU'RE, UM, OKAY, MY QUESTION IS, IS IT FULL OF WATER NOW? NO.
SO THE CITY'S INSPECTIONS ARE FROM THE RIGHT AWAY.
I I COULDN'T, SO, SO THERE'S NO WATER IN IT NOW? NO.
YOU'RE NOT, YOU'RE NOT WORRIED ABOUT IT FLOATING IT, SIR.
SO I HAVE, I HAVE NO CONTROL OVER THAT SITUATION WHATSOEVER, SIR.
OTHERWISE IT WOULD'VE BEEN FINISHED YEARS AGO.
SO, UH, SO THERE'S NO WATER IN THE POOL, SO THERE'S NO BREEDING OF MOSQUITOES.
UH, DO YOU HAVE A PUMP? DO YOU HAVE AN ACTIVE PUMP MONITOR? REMOVING WATER? IS THERE, MR I'M GONNA INTERRUPT.
THIS IS A A, I'M A NEIGHBOR COMPLAINANT.
THE, OKAY, SO HE, HE DOESN'T KNOW ABOUT THOSE SORT OF DETAILS.
I, HE'S PART OF THE HOA WHO HAS A CONCERN ABOUT THIS ONGOING PROJECT THAT'S BEEN TAKEN SIX YEARS AND IS INCOMPLETE.
IT'S SAYS SOON AS YOU PULL INTO THE GATED, UH, UH, NEIGHBORHOOD, THERE'S THIS PROJECT THAT JUST DOESN'T SEEM TO END.
HE GETS EXTENSION, FIVE EXTENSIONS, AND HERE THE, YOUR PROJECT, UH, IS STILL AT.
SO, UM, I HAVE A QUICK QUESTION, SIR, TO ANSWER MY QUESTION.
THIS IS AN HOA YOU SAID? YES, SIR.
IS THE POOL A COMMON ELEMENT OR NOT? NO, SIR.
OH, IT, IT'S, I HAVE ONE OWNER'S, I HAVE A POOL AT MY HOUSE, JUST ONE OWNER'S HOUSE.
THIS IS THE HOMEOWNER'S HOUSE? YES, SIR.
AGAIN, TO BE CLEAR, HE'S REPRESENTING THE HOA AS THE COMPLAINANT IN, IN THIS CASE.
YEAH, BUT I WASN'T SURE WHO OWNED THE POOL.
UH, IT'S ON YOUR AGENDA BE MR. AUSTIN.
HE'S THE, HE'S THE PROPERTY OWNER.
AND HE ALSO, UH, IS THE CONTRACTOR AS ERIC AUSTIN BUILDERS FOR THIS PARTICULAR PROJECT.
SO THIS IS A SINGLE OWNER HOME THAT WE'RE DEALING WITH.
IT'S A SINGLE FAMILY RESIDENCE.
I I HAVE A QUESTION, MR. KELLER.
UM, CAN YOU NOT GO ON THE PROPERTY AND LOOK IN THAT BULL? NO, I, I'M SORRY, I DIDN'T HEAR YOU.
CAN YOU NOT GO ON THAT PROPERTY AND LOOK IN THAT BILL? NO, THE CITY INSPECTORS CAN'T TRESPASS IT ANY MORE THAN ANYBODY ELSE.
MOST OF OUR INSPECTIONS ARE DONE FROM THE RIGHT OF WAY.
AND IF, AND VERY OFTEN THEY'RE DONE WITH THE COOPERATION OF THE, UM, NEIGHBORING PROPERTIES.
YOU KNOW, I CAN GO IN YOUR BACKYARD AND LOOK AT YOUR NEIGHBOR'S BACKYARD, UH, WITHOUT, AND, AND, UM, AND SOMETIMES WE SAY, HEY, CAN WE GO IN YOUR BACKYARD AND TAKE A LOOK AT
[00:50:01]
THIS? AND IF YOU ALLOW ME IN YOUR BACKYARD, THAT'S FAIR GAME.BUT I HAVEN'T HAD A WHOLE LOT OF CONTACT WITH MR. AUSTIN.
YOU REALLY DON'T KNOW HOW MUCH WATER IS IN THERE.
I DON'T, I REALLY DON'T KNOW HOW MUCH WATER'S IN THAT POOL.
THERE'S GOT TO BE MOSQUITOES IN THERE.
SO MY QUESTION TO YOU, SIR, IS UNDER A, IT SAYS EMINENT SAFETY VIOLATION, RIGHT? THAT'S FOR THE UNSECURED, UH, POOL.
AND SO IF IT'S AN EMINENT SAFETY VIOLATION, WHAT WE SHOULD NOT EXTEND MY OPINION IS, IS THAT WE'VE EXTENDED AND EXTENDED.
NOW, THIS IS AN EMINENT SAFETY VIOLATION.
WE NEED TO GET ACTION HAPPENING.
AND THE ONLY WAY I SEE THAT THAT'S HAPPENING IS I THINK WE SHOULD START A DAILY FINE.
WELL, I, I BELIEVE, UM, THE, THE ATTORNEY WOULD SAY WE NEED TO GIVE HIM SOME TIME.
WE CAN'T, THIS, THIS IS NEW BUSINESS.
WE, WE CAN'T START A FINE IMMEDIATELY.
WE HAVE TO START WITH A FINDING A VIOLATION AND THEN A COMPLIANCE PERIOD.
BUT WE CAN SET THE COMPLIANCE EARLIER IF YOU WERE EARLIER, CORRECT? YEAH, 4 21 EARLIER, IF IT'S EMINENT UP, $250 AND, AND AT THE AMOUNT UP TO TWO 50, IF, IF THAT'S WHAT YOU SELECT.
UH, NUMBER ONE ON THIS, MOST OF THIS.
ALRIGHT, SO IF THERE'S ANY MORE, ANY MORE QUESTIONS? SIR? I HAVE A QUESTION, SIR.
IF YOU SET THAT MOTION AND YOU'RE COUNTING THAT, UH, BABY FENCE AS A SAFETY, THAT BABY FENCE GOES UP AND DOWN ALL THE TIME.
I DRIVE BY THIS FIVE, SIX TIMES A DAY, RIGHT? RIGHT.
THAT GO, THAT FENCE GOES UP AND DOWN QUITE OFTEN.
AT, AT WHAT POINT DO WE SAY THAT THAT IS A VIOLATION OR NOT? IF HE TAKES IT DOWN TODAY AND IT'S DOWN FOR THREE DAYS, OKAY, THEN YOU SAY SOMETHING AND HE PUTS IT BACK UP.
FEEL COMFORTABLE THAT ONCE YOU HEAR THE MOTION, YOU'RE GONNA BE HAPPY.
I'M JUST, AND ON ANOTHER NOTE, WHEN I TOOK OVER TWO YEARS AGO, THE FIRST THING I DID WAS CONTACT AND SAID, MR. AUSTIN, I WAS IN THE, I WAS IN THAT INDUSTRY.
IF THERE'S ANYTHING I CAN DO TO HELP, JUST LET ME KNOW.
LONG BEFORE WE GOT TO THIS POINT.
UM, ANYONE HAVE A MOTION FOR THE, I WISH I NEED MR. TEAL.
WE HAVE TWO POSSIBLE MOTIONS IN THIS AT A AND B.
THE REOCCURRING WAS FOR WHICH ITEMS? SO REOCCURRING IS FOR ITEMS A, B, AND D.
AND THE INITIAL VIOLATION IS FOR THE REST, CORRECT? FOR ITEMS C, E, AND F AND G'S BEEN DISMISSED.
AND WE'RE, WE'RE GOING WITH NUMBER NINE, RIGHT? WE RIGHT? YES.
NUMBER NINE, UM, A AND B THERE, COMBINE THOSE AND I UNDERSTAND WE'LL HAVE A GOOD, UH, GOOD MOTION.
I'LL MAKE A MOTION IN CASE NUMBER CE 2025 DASH 8 37 FOR, UH, A REOCCURRING VIOLATION ON ITEMS A, B, AND D.
UM, WHAT, WHAT ABOUT A FINE WE DIDN'T SAY YOU CAN, I CAN'T FIND TODAY.
THE CITY'S RECOMMENDATION IS TO GIVE 'EM UNTIL APRIL 21ST, BUT OKAY, WELL THE FINE OF UP TO $250 WITH A, WITH A COMPLETION DATE OF 4 21 OF 2026 AND INITIAL VIOLATION FOR ITEM C, E, AND F WITH A COMPLIANCE DATE OF 4 21 20 26 OR A FINE OF UP TO $250 PER DAY VIA ASSESSED FOR RESTATE OF VIOLATION.
I THOUGHT WE WERE GONNA START EARLIER THAN 4 21.
YEAH, I THOUGHT WE WERE GONNA START ON FOUR ONE.
SAY AGAIN? I THOUGHT WE WERE GONNA START ON FOUR ONE, NOT 4 21.
WELL, THE CITY'S RECOMMENDATION IS, IS, IS, IS TO GO AHEAD AND GIVE HIM THAT SIX WEEKS FOR ALL THESE ITEMS, RIGHT? UH, YOU KNOW, I UNDER, I UNDERSTAND MR. DRYDEN'S CONCERN ABOUT THE LIFE SAFETY ISSUE.
THAT'S, THAT'S GIVE HIM THE SIX WEEKS.
WE HAVE A MOTION ON THE FLOOR.
ANYONE SECOND THE MOTION? NO SECOND.
SO WE HAVE A MOTION BEFORE THE BOARD WITH A SECOND BY MS. FULTON.
UM, HOW DOES THE BOARD VOTE AT THIS TIME? THOSE IN FAVOR SAY YAY.
[00:55:01]
WHAT'D YOU OPPOSE? WHO WAS OPPOSED? OH, YOU ME.ALRIGHT, NEXT ITEM IS ITEM NUMBER 12.
CASE NUMBER 2023 DASH 0 1 1 3.
PROPERTY LOCATED AT 1267 PALM WOOD.
UH, I DON'T BELIEVE I HAVE A RESPONDENT HERE.
WE DO HAVE SOME CONCERNED CITIZENS FROM THE NEIGHBORHOOD.
I REMEMBER WE CAN'T TAKE THOSE.
OH, SO LET'S, YOU WANNA HOLD OFF ON THAT? YOU WANNA HOLD OFF ON THIS? YOU WANNA WAIT? WE SHOULD GO HERE.
WELL, WE CAN WAIT FOR THE LAST I WAS IN THE HALLWAY.
OH, LET'S HOLD OFF, OFF ON THIS ONE THEN.
UM, THE SITUATION IS THE NEXT ITEM THAT WE'LL CALL UP IS ITEM NUMBER 30, CASE NUMBER 2024 DASH 0 9 6 2.
THAT'S A THREE YEAR, SORRY, PROPERTY LOCATED AT 10 70.
PROSPECT A INSPECTOR ANDRE, WE'RE HERE ON UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS IN THIS CASE? UM, UH, THE ONLY PROGRESS WE HAVE IS THAT THE PROPERTY WAS CLEANED UP BUT THERE WAS NO PERMIT APPLIED FOR, FOR THE DOCKS OR ANYTHING.
WHAT IS THE RECOMMENDATION, UH, FROM THE CITY? THE CITY RECOMMENDS WE START A FINE AT $50 PER DAY.
CAN YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES.
AND HOW ARE YOU ASSOCIATED WITH THE PROPERTY? I'M THE CONSULTANT FOR THEM.
AND DO YOU HAVE ANY QUESTIONS FOR INSPECTOR ANDRE OR ANY COMMENTS FOR THE BOARD? I'VE GOT COMMENTS FOR THE BOARD.
UH, JUST NO QUESTIONS FOR ANDRE.
ALRIGHT, SO WE FINALLY STARTED MAKING PROGRESS AND UH, FOR, LET'S JUST GO OVER ITEM NUMBER C.
SO WE DID GET IN THERE, WE WERE ABLE TO GET THE, UH, CONCRETE DEBRIS THAT WAS OUT.
IT WAS A LOT MORE THAN WE ANTICIPATED.
WE ALSO FOUND, UH, TWO HOMELESS ENCAMPMENTS.
SO WE WERE ABLE TO GET RID OF THOSE, CLEAR EVERYTHING OUT.
AND THEN WE TOOK THE COQUINA ROCK THAT WAS THERE LATER ALONG THE ROAD TO STOP DUMPING.
WE WILL BE PUTTING IN SIGNS TO PREVENT THAT IN THE FUTURE.
AND WE DID SEE ACTUALLY THIS PAST SATURDAY MORNING, I DON'T KNOW HOW TO POLITELY SAY THIS, BUT THERE WAS A HOMELESS MEETING ON THE PROPERTY.
SO WE ARE GONNA, THEY DIS CONGREGATED THERE, SO WE'RE GONNA GO AHEAD AND GET WITH THE POLICE DEPARTMENT AND TRY AND GET ACCESS, GET THEM ACCESS TO GET THAT TAKEN CARE OF.
UM, WE DID FINALLY CONTRACT WITH, UM, TOM BRANDON CONSTRUCTION AND I THOUGHT HE WAS GONNA SUBMIT BECAUSE THE PLANS ARE DONE AND HE HAD TOLD ME THAT THEY, THEY WERE GONNA PUT IT IN.
SO I DON'T KNOW WHAT HAPPENED.
UH, THAT WAS SUPPOSED TO BE DONE MONDAY, SO I'M NOT SURE WHAT HAPPENED WITH THAT.
AND THEN HE JUST, HE'S ON VACATION RIGHT NOW, SO I'M GONNA TRY AND GET A HOLD OF HIM AND SEE IF THEY CAN, IF HE CAN DO IT REMOTELY TO GET THIS THING MOVING FORWARD.
BUT WE DID GET A NEW CONTRACTOR DID GET EVERYTHING GOING AND I COMPLETELY EXPECTED THAT TO BE PUT IN, SO I'M SORRY ABOUT THAT PART.
BUT THE REST OF IT, WE ARE, WE GOT INTO COMPLIANCE AND I SENT PHOTOS FORWARD.
WE WILL BE PUTTING SIGNAGE UP AND UH, INSPECTOR ANDRE WAS KIND ENOUGH TO TELL US WHAT WE NEEDED TO DO WITH THE POLICE DEPARTMENT TO LEAST STOP PEOPLE SHOWING UP ON THE PROPERTY.
SO, AND THERE WAS MORE DUMPING THAN WE THOUGHT.
WE HAVE NO IDEA WHERE THAT STUFF CAME FROM.
UH, MR. ANDRE, HOW MUCH WAS THE FUND YOU CITY RECOMMENDATION? UH, $50 PER DAY.
ANY OTHER QUESTIONS? NO FURTHER QUESTIONS, MR. CHAIR? YES SIR.
I'D LIKE TO MAKE A MOTION IN CASE NUMBER CE 2024 DASH 0 9 62.
WE START A FINE OF $50 A DAY BEGINNING TODAY.
I'LL SECOND THAT WE HAVE A MOTION FOR THE BOARD AND A SECOND BY MR. LOOMER.
ANY OTHER FURTHER QUESTIONS OR DISCUSSIONS BEFORE WE VOTE? NO.
SO HOW DO WE VOTE BOARD? UH, THOSE IN FAVOR SAY YAY.
I JUST HAD ONE QUESTION ON THAT.
WHEN YOU WILL THE FINE STOP AS SOON AS THE APPLICATION GOES IN? NO, NO, NO, NO.
WHEN DID THE FINE STOP? WHEN THE VIOLATIONS ARE CORRECTED.
SO THAT COULD BE, IT COULD BE A WHILE DEPENDING ON HOW FAST YOU CAN GET GOING.
SO I'M SAYING IT DEPENDS HOW FAST THE CITY WILL TURN IT AROUND TOO.
HOWEVER, YEAH, IF YOU MAKE DILIGENT PROGRESS, WE WILL PUT YOU ON THE AGENDA TO STAY THE FINE.
BUT YOU HAVE TO MAKE DILIGENT PROGRESS.
[01:00:01]
I'VE BEEN TRYING, I'VE BEEN PUSHING AS HARD AS I CAN TO BE CLEAR, YOU NEED TO MEET WITH ZONING AND ENGINEERING TO DEVELOP THE PROPERTY BEFORE YOU CAN KEEP THESE.YOU JUST CAN'T GET A PERMIT FOR THESE.
YOU GOTTA DEVELOP THE PROPERTY.
YEAH, WE, BUT WE HAVE TO GET THE PERMIT PROCESS PUSHED THROUGH FIRST.
SO PERMIT IS NOT GONNA GET ISSUED UNLESS YOU HAVE A DEVELOPMENT.
WE ACTUALLY HAVE A PLAN THAT FITS WHAT YOUR CODE SAYS OF THE MINIMUM DEVELOPMENT.
AND MR. AUDREY WAS GREAT ABOUT TELLING US ABOUT THE SIZE OF THE, THE PRO UH, THE BUILDING THAT HAS TO GO IN DEVELOPMENT FIRST.
IT HAS TO BE DESIGNED AND APPROVED BY THE CITY FIRST.
WELL YOU HAVE TO GET A PERMIT TO DO THAT, BUT WE HAVE TO, WE HAVE TO APPLY AND THEN THE PERMIT IS EVIDENTIARY OF THAT.
YOU GUYS GET TOGETHER OFFLINE.
WE'LL, WE'LL DISCUSS THAT LATER.
WE GOT, WE GOT OTHER PEOPLE WE GOTTA TALK.
ITEM NUMBER 19, CASE NUMBER 2025 DASH 0 0 1 8 9.
PROPERTY LOCATED AT 25 35 BURNS.
A SIR, ARE YOU UH, OWNER OF THE PROPERTY? YES.
CAN YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YEAH.
WHAT'S YOUR NAME? ANDRE DILLO.
AND HOW ARE YOU ASSOCIATED WITH THE PROPERTY? HALF OWNER.
INSPECTOR DURANT, WE'RE HERE ON NEW BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? ALRIGHT, YEAH, WE HAVE A VIOLATION, A WITH THE RECREATIONAL VEHICLES AS YOU SEE, THEY'RE PARKED IN THE YARD, BEEN THERE FOR SOME TIME.
UH, THERE'S ONE RIGHT THERE IN THE FRONT YARD ON THE LEFT.
THERE'S ANOTHER ONE TO THE RIGHT OF THE DRIVEWAY.
UH, THERE'S ALSO, UH, OVERGROWTH FOR VIOLATION B GO TO THE NEXT SLIDE.
AND WE ALSO HAVE TWO INABLE VEHICLES.
THE PURPLE, I BELIEVE THAT'S A, A, A CHEVY THAT'S BEEN THERE FOR A WHILE WITH THE ONE TIRE STUCK IN THE, IN THE GRASS AND IN THE, IN THE, IN THE DIRT, WHICH HAS BEEN THERE FOR QUITE SOME TIME.
AND THEN MR. BADILLO ALSO ADMITTED THAT THE WHITE VAN IN THE RIGHT PICTURE WAS ALSO INOPERABLE.
WHEN WAS THE NOTICE OF VIOLATION PROVIDED? YEP.
THE NOTICE OF VIOLATION WAS MAILED OUT ON APRIL 1ST, 2025.
AND THE NOTICE OF HEARING WAS MAILED OUT ON JANUARY 27TH, 2026.
BOTH MAILED OUT TO THE PROPERTY OWNER LISTED ON THE PROPERTY APPRAISER'S WEBSITE.
AND THE NOTICE OF HEARING WAS HAND DELIVERED.
I ACTUALLY HAND DELIVERED IT ON 2 26 26.
WHAT'S THE RECOMMENDATION OF THE CITY? UH, THE, THE CITY RECOMMENDS THAT, UH, WE GET A FINDING OF VIOLATION, UM, AND SET THE COMPLIANCE DATE FOR 4 21 26 FOR A FINE OF UP TO $250 PER DAY, AS LONG AS THE VIOLATION EXISTS.
MR. MARILLO, UM, DO YOU HAVE ANY COMMENTS FOR THE BOARD OR ANY QUESTIONS OF INSPECTOR DUR? NO.
ONCE I CLEAN IT UP THOUGH, HE'S GONNA STOP BY, CHECK IT OFF.
JUST, JUST INITIAL VIOLATION EXCEPT FOR COMPLIANCE FOUR.
NO, IT'S A NEW, IT'S NEW BUSINESS.
SAY AGAIN? OH, I WAS JUST ASKING ONCE IT'S ALL CLEANED UP, HE'S GONNA STOP BY JUST TO MAKE SURE IT'S ALL GOOD.
YEAH, COMPLIANCE IS ALL, IT'S WHAT IT'S ALL ABOUT.
ANY QUESTIONS, MR. CHAIRMAN? YES, SIR.
I'D LIKE TO MAKE A MOTION IN CASE NUMBER CE 2025 DASH 0 1 8 9.
MAKE A MOTION THAT OFFICER RECEIVING NOTICE AND CITED PROPERTY AND ALL RESPONDENTS BE FOUND IN VIOLATION OF CITY CODE IS CITED AND THAT THE CI CITED PROPERTY AND THE RESPONDENTS BE GIVEN UNTIL 4 21 20 26 TO COMPLY OR FILE OF UP TO $250 PER DAY BE ASSESSED FOR EACH DATE OF VIOLATION.
SO WE HAVE A MOTION FOR THE BOARD.
WE HAVE A SECOND BY MR. UH, MOBA.
UH, ANY OTHER FUR FURTHER QUESTIONS OR DISCUSSION? HEARING NONE WILL NOW VOTE.
MOTION DOES CARRY SO EXTENDED TILL 4 21.
SO IF YOU GET THIS TAKEN CARE OF BEFORE THAT, GET WITH YOUR, UH, CODE ENFORCEMENT OFFICER, LET HIM COME OUT AND TAKE CARE OF IT.
NEXT ITEM IS ITEM NUMBER 31, PROPERTY LO.
[01:05:01]
DASH 0 0 0 2 9.AND CAN YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
AND WHAT IS YOUR NAME? LAQUITA WATERS.
AND HOW ARE YOU ASSOCIATED WITH THE PROPERTY? I'M THE HOMEOWNER, UH, INSPECTOR ANDRE.
WE'RE HERE ON, UM, NEW BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE VIOLATION IN THIS CASE OR VIOLATIONS? THIS PROPERTY WAS REPORTED BY, EXCUSE ME, BY MELBOURNE FIRE DEPARTMENT ABOUT A INTERIOR FIRE ON IT.
UM, IT SAT THERE SINCE JANUARY OF LAST YEAR, AND UH, I'VE BEEN THERE A FEW TIMES IN BETWEEN AND I WAS ALWAYS TOLD THAT THERE WAS NO ONE STAYING THERE UNTIL EVENTUALLY ONE DAY WE FOUND OUT THAT SOMEONE WAS STAYING THERE.
UM, THE ELECTRICAL IS BAD IN IT.
THERE WAS A BAD ELECTRICAL AND ALSO HAS NO WATER ON THE PROPERTY.
UM, HOW DO WE KNOW THAT, UH, PEOPLE ARE LIVING AT THE PROPERTY? UM, THERE WAS A GENERATOR IN THE BACKYARD AFTER I WENT TO INSPECT THE HOUSE, NEIGHBORING HOUSE.
I SAW THE GENERATOR IN THE BACKYARD AND THE CANS AND THERE WERE PEOPLE HANGING OUT OVER THERE.
UM, AND WHAT DO WE KNOW ABOUT WHETHER THE WATER, UM, IS CONNECTED TO THAT, TO THAT PROPERTY? THE WATER, UM, HAS BEEN DISCONNECTED SINCE APRIL OF THIS YEAR.
UH, WHAT WAS THE DATE OF THE NOTICE OF VIOLATION AND THE NOTICE OF HEARING? NOTICE OF VIOLATION WAS SENT OUT ON NOVEMBER 13TH, 2025.
THE NOTICE OF HEARING WAS SENT OUT ON JANUARY 22ND, 2026.
AND, UM, THE GREEN CARD WAS SIGNED ON JANUARY 30TH, 2026.
AND WHAT IS THE CITY'S RECOMMENDATION? THE CITY RECOMMENDED THE PROPERTY BE FOUND IN VIOLATION AND GIVE TILL APRIL 21ST TO COMPLY, OR A FINE OF UP TO $250 THAT THEY BE ASSESSED.
MS. WATERS, DO YOU HAVE ANY QUESTIONS FOR INSPECTOR ENTREE OR ANY COMMENTS FOR THE BOARD? NO, IT IS JUST THAT, UM, THE FIRE HAPPENED IN DECEMBER.
UM, RIGHT NOW I'VE BEEN TRYING TO GET EVERYTHING BACK TOGETHER.
I JUST PUT $3,000 DOWN FOR MY, FOR THE ELECTRICAL, BUT IT IS, I STILL GOTTA PAY LIKE 3000 MORE DOLLARS.
I AM A SINGLE PARENT TRYING TO GET MY HOUSE BACK TOGETHER.
I DO HAVE A APARTMENT THAT I PAY FOR, SO THAT'S ALSO A FEE.
AND I JUST NEED MORE THAN UNTIL APRIL.
I NEED LIKE AT LEAST 60 OR 90 DAYS.
I NEVER BEEN HERE, SO I DON'T KNOW ABOUT LIKE HOW, LIKE THE LENGTH OF TIME AND OR NONE OF THAT, MA'AM.
THE, THE CITY WOULD CONSIDER MORE TIME IF THE PROPERTY WAS VACATED AND THERE WAS NO GENERATOR.
UM, AS FAR AS I'M CONCERNED, I HAVE NO TRESPASSING SIGNS UP.
I TOLD MELBOURNE POLICE DEPARTMENT, THERE IS NO ONE ALLOWED ON MY PROPERTY AND THERE HAS BEEN SQUATTERS THERE.
SO YEAH, I'M, I'M AT NIGHT DURING THE DAY I GO TO WORK, I GO BACK TO MY APARTMENT.
LIKE I SAID, I'M WORKING TO, UH, EVERY DAY TO GET THE MONEY TO PAY, TO GET THE LIGHTS AND EVERYTHING BACK ON.
BUT IT, WE NEED A GUARANTEE THAT NO ONE'S GONNA BE THERE.
I ASKED MELBOURNE POLICE DEPARTMENT TO MONITOR MY HOUSE WHILE I'M NOT THERE.
I ASK THEM, I LET THEM KNOW IF THEIR LAST NAME IS NOT WILLIAMS, WHICH IS MY KIDS, WHICH MY KIDS ARE WITH ME, THAT THEY NEED TO BE TRESPASSING THEM AND GETTING 'EM OFF MY PROPERTY.
I PUT UP NO TRESPASSING SIGNS FOR A REASON.
THAT'S WHAT MY MOM TOLD ME TO DO.
SHE SAID, HAVE YOU GONE BY THERE DURING WHEN YOU'RE OFF WORK? I'M SORRY? DO YOU GO BY THERE WHEN YOU'RE NOT WORKING? IF I STOP BY, BUT NORMALLY I JUST GO TO THE HOUSE AND TAKE CARE OF MY FOUR KIDS.
BUT I ASKED MELBOURNE POLICE DEPARTMENT.
YEAH, THEY'RE TO NOT LET ANYONE HANG ON MY PROPERTY.
THEY'RE LIVING, EVEN MY GODMOTHER WHO PURCHASED THE PROPERTY TOLD ME THAT, SHE'S LIKE, I FEEL LIKE YOU HAVE SQUATTERS THERE.
AND I OBVIOUSLY THERE ARE SQUATTERS THERE, SO WE'LL, WE'LL, UH, AND I ASKED MELBOURNE POLICE DEPARTMENT TO TRESPASS ANYBODY ON THAT PROPERTY WITHOUT THE LAST NAME.
WHAT IS, SO YOU GAVE THEM A LETTER OF AUTHORITY? I DIDN'T GIVE THEM A LETTER, BUT I PUT UP THE NO TRESPASSING SIGNS AND I THOUGHT THAT WAS ENOUGH.
BUT IF I HAVE TO WRITE A LETTER, I WOULD DO THAT.
LIKE I SAID, DID THEY HAVE A SPECIAL I NO SPECIAL FORM IS, ISN'T THAT CORRECT, STEVE? THERE A SPECIAL PROCESS? THERE IS, YES, THERE IS.
[01:10:01]
LETTER OF AUTHORITY IS REQUIRED.SO YOU HAVE TO CONTACT MELBOURNE PD AND GIVE THEM A LETTER OF AUTHORITY.
THEY, THEY HAVE A SPECIAL FORM THAT YOU FILL OUT AND THEN WE, WHAT WE WANT YOU TO DO IS MAKE SURE THERE'S NO GENERATOR THERE, UM, AND THEN MONITOR YOUR PROPERTY AS MUCH AS YOU CAN.
SO WHEN, WHAT'S THE ONE PAST APRIL? WHEN I'VE SEEN, SO ON MAY 28TH, AS FAR AS ME, I DON'T THINK 30 DAYS IS ENOUGH TIME FOR ME.
I AM GETTING PAID WEEKLY, BUT LIKE I SAID, FAULT JUNE 2ND.
SECOND JUNE 2ND IS RESPONSIBILITIES AS WELL.
JUNE, JUNE 30 IS THE NEXT HEARING.
JUNE 2ND WOULD BE THE NEXT BE YOUR NEXT COMPLIANCE DATE.
CAN, CAN YOU MONITOR YOUR PROPERTY? GET PD TO UH, GIVE PD A LETTER OF AUTHORITY? THEY HAVE A SPECIAL FORM AND MAKE SURE THERE'S NO GENERATOR THERE AND MONITOR YOUR PROPERTY.
I HAVE TO GO DOWN TO THE POLICE STATION AND FILL OUT THE PAPER.
I DON'T, I KNOW THEY DON'T CLOSE BEFORE FIVE 'CAUSE THAT'S LIKE MY WORK TIME EIGHT TO FIVE.
SO I KNOW I STILL HAVE TIME WHEN I GET OFF.
YEAH, THEY WON'T BE THERE AT FIVE.
THEY, FOR, UH, PEOPLE WHO ARE WALKING INTO THE, THE LOBBY.
IS THERE ANOTHER OPTION? IF YOU WANTED TO CALL, WE COULD MEET YOU OUT THERE, BUT THE 11 AUTHORITY'S NOT GONNA, I CAN EXPLAIN THAT TO YOU.
IF YOU WANT ME TO EXPLAIN THIS UP TO YOU.
IT'S NOT GONNA BE, THE POLICE GONNA GO BY YOUR HOUSE ON A REGULAR BASIS AND KNOCK ON THE DOOR AND SEE WHO LIVES THERE AND CHECK ALL THAT.
THAT'S NOT HOW NO, BUT I KNOW THEY RIDE BY, THEY CAN RIDE BY BE RESPONSIBLE FOR YOU TO CALL AND SAY THERE'S PEOPLE ON THE PROPERTY AND THEN WE GO BY AND CHECK AND THEN WE TRESPASS WHAT THEY'RE THERE.
I, I, I'M VERY COMPLIANT WITH THAT.
'CAUSE THERE'S NOT SUPPOSED TO BE ANYBODY ON MY PROPERTY UNLESS THEY'RE WORKING ON MY PROPERTY, WHICH I'LL PAY THE, THE LIGHT PEOPLE WHEN THEY, WHEN IT'S TIME TO PAY THEM OR, YEAH.
IT'S NOT SUPPOSED TO BE ANYBODY ON MY PROPERTY.
I'M, I'M, SO LET'S GET THAT LETTER OF AUTHORITY TAKEN CARE OF, MONITOR YOUR PROPERTY.
I'LL TRY TO GO IN EARLY AND SEE IF, BECAUSE LIKE YOU SAID, IF THEY CLOSE AT FILE.
MR. CHAIRMAN, UH, WE HAD A QUESTION OVER HERE FIRST.
UH, YEAH, MY QUESTION IS, IS THE PROPERTY SECURED? UH, YES.
HOW WAS IT SECURED? UH, LOCKED MY DOORS.
SO YOU LOCKED THE DOORS AND CLOSED THE WINDOW.
SO ANYBODY IN THERE NOW IS BREAKING AND ENTERING, CORRECT? YES.
AND THEY'RE NOT JUST SQUATTERS, THEY'RE BREAKING AND ENTERING.
HAVE YOU BEEN INTO THE HOUSE LATELY? UM, I WENT BY THERE TO CHECK ON THE, THE TILE JOB THAT THE GUY HAD DID BECAUSE THE FLOOR FROM THE, THE WATER, THE, UM, FROM THE, WHEN THE FIRE HAPPENED AND THE WATER KIND OF MESSED UP THE, THE FLOORING IN MY DAUGHTER AND MY SON'S ROOM.
'CAUSE THAT'S WHERE THE, THE FIRE HAPPENED IN THE FRONT OF THE HOUSE.
UM, SO I WENT BY THERE AND CHECKED ON THE TILE JOB THAT WAS COMPLETED.
WAS THE FIRE STARTED BY, HOW, HOW DID THE FIRE START? WAS IT BY PEOPLE LIVING THERE? THE HOUSE WAS, NO, THE HOUSE US THE, THE HOUSE WAS SOLD AS IS THE PERSON WHO DID THE ADD-ON TO MY HOUSE.
DIDN'T GET PROPER, UM, PERMIT, DIDN'T GET PROPER PERMITS DONE AND JUST DID IT THEIRSELF.
SO THERE WAS A BIG WA BALL OF WIRE WRAPPED IN ELECTRICAL TAPE, WHICH OVER YEARS CAUSED A FIRE.
THE ONLY REASON WHY I DON'T HAVE A BRAND NEW HOUSE IS BECAUSE I WAS BEING CARELESS AND I DID NOT HAVE INSURANCE ON MY HOUSE.
I COULDN'T AFFORD IT AT THE TIME ANYWAY.
THANK YOU MR. THI UM, SO IS THE CITY GONNA AMEND THE COMPLIANCE DATE TO SIX TWO? IS THAT WHAT YOU'RE LOOKING AT? YES.
THEN, UH, ONE QUESTION FOR YOU.
WHO'S THE GENERATOR BELONG TO? I DIDN'T EVEN KNOW IT WAS A GENERATOR THERE.
'CAUSE WHEN I, WHEN THE, WHEN THE FIRE OCCURRED, THE FIRE MARSHAL TOLD ME THAT THERE, AFTER THIS POINT, AS LONG AS THE GENERATOR DOESN'T BELONG TO YOU, THAT'S, THAT'S WHAT I WAS GETTING AT.
ANY OTHER QUESTIONS? I WOULD SAY THE, THE ONLY IS OUT SUGGESTION, BUT BECAUSE OF WHAT WAS SAID ABOUT BREAKING AND ENTERING, WHEN YOU DO GO BY, YOU OUGHT TO CHECK TO MAKE THE SURE THE LOCKS ARE INTACT.
NO, I PROBABLY NEED TO CHANGE THE LOCKS BECAUSE I MEAN, TO ME THAT WOULD MAKE ME FEEL SAFER, BUT, AND PROBABLY PUT LOCKS ON MY WINDOWS TAKES LOCKED.
SO WHEN YOU CALL IT IS BREAKING AND ENTERING AND NOT, I, I, WE, WE, ONE THING I WE NEED TO BE CAREFUL WITH HOW WE ARE WITH INSTRUCTING PEOPLE AS TO WHAT POTENTIAL CRIMES ARE ON THE STATE OF FLORIDA.
BECAUSE THERE ARE CERTAIN THINGS THAT NEED TO BE PROVEN IN ORDER FOR A CERTAIN CRIME.
I JUST LISTED REPEATING WHAT THE OFFICER SAID.
MR. CHAIRMAN, I'D LIKE TO MAKE A MOTION.
[01:15:01]
A MOTION CASE NUMBER CE 2025 DASH 0 0 2 9 THAT AFTER RECEIVING NOTICE CITED PROPERTY AND ALL RESPONDENTS IN THE CASE BE FOUND IN VIOLATION OF CITY CODE IS CITED AND THAT THE CITED PROPERTY AND ALL RESPONDENTS BE GIVEN UNTIL JUNE THE SECOND, 2026 COMPLY OR A FILE OF UP TO $250 PER DAY BE ASSESSED FOR STATE OF VIOLATION CONTINUES BEYOND SET DATE.WE HAVE A MOTION FOR THE BOARD.
SECOND BY, UH, MR. MOBA, ANY OTHER QUESTIONS OR CONCERNS? HEARING NONE.
CASE NUMBER 2023 DASH 0 1 0 0 3.
SO LET HIM BE YOUR BEST FRIEND ON THIS CASE, RIGHT? SO GO AHEAD AND GET, GET WHAT, WHAT THE OFFICER SAID TO GET SH SHOW.
HE HA SHOW HIM A COPY OF THAT.
SO IT'LL BE IN YOUR, IN THE FILE.
UH, ITEM NUMBER 24, CASE NUMBER 2023 DASH ZERO ZERO, NO SORRY, DASH 0 1 0 0 3 PROPERTY LOCATED AT 1920 RADNER DRIVE.
ISN'T THAT YOURS MA'AM? YEAH, I'M LOOKING AND I'M LIKE, WHAT THE HELL OVER HERE MA'AM? OVER THERE MA'AM.
I JUST CAN'T SEE, I MEAN IT DOESN'T LOOK LIKE THAT SO I DON'T KNOW WHAT TO TELL YOU.
ALRIGHT, CAN YOU RAISE YOUR RIGHT HAND? YEAH.
DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? OF COURSE.
AND WHAT IS YOUR NAME? DEBORAH RASKE.
AND HOW ARE YOU ASSOCIATED WITH THE PROPERTY? I'M THE OWNER.
WE'RE HERE ON UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS THAT'S BEEN MADE? SO THERE HAVE BEEN, UH, NO VIOLATIONS CORRECTED.
UM, THERE'S OPEN STORAGE OF ITEMS OUTSIDE, INCLUDING THE VEGETATIVE DEBRIS BY THE STREET AND THE, UH, FENCING OUTBACK AND THE FENCE REPAIR MATERIALS JUST OUTSIDE THE CHAIN LINK FENCE.
IF WE GO TO THE NEXT SLIDE, UM, THEN WE HAVE, UM, A FENCE THAT THE ORIGINAL UPPER LEFT PHOTOS, THE ORIGINAL CHAIN LINK FENCE WAS REPAIRED.
HOWEVER, THE, THE POSTS ALONG THE NORTH SIDE OF THE PROPERTY ARE TALLER THAN THE ORIGINAL FOREFOOT FENCE AND THEY HAVE FABRIC MEMBRANE SCREEN PANELS THAT WEREN'T PART OF THE ORIGINAL FENCE.
AND THOSE MODIFICATIONS BEYOND REPAIRING THE ORIGINAL FENCE, WOULD NEED A PERMIT BUT WOULDN'T LIKELY BE APPROVED.
THERE'S, UM, THE NORTHWEST CORNER OF THE CHAIN LINK IS IN DISREPAIR AND, AND SHE HAS NO PERMIT FOR THE MOD.
I'M SORRY, BACK TO B THERE'S, THERE'S, UM, THERE'S NO PERMIT FOR ANY OF THAT WORK, BUT IT WOULDN'T BE ALLOWED ANYWAY, SEE THE, THE FENCES IN DISREPAIR AND THEN THERE'S OVERGROWTH AT THE PROPERTY.
WHAT'S THE RECOMMENDATION OF THE CITY OF THIS SUN? UH, THE CITY RECOMMENDS THAT THE, UH, FINE START AT $25 A DAY FOR EVERY DAY THAT THE VIOLATIONS CONTINUE.
UM, MS. RASKE, DO YOU HAVE ANY QUESTIONS FOR INSPECTOR GERMAN OR ANY COMMENTS? THE RIGHT NEED TO BE AT THE PODIUM FOR THE MICROPHONE.
UM, FIRST OF ALL, THE FENCE IS REPAIRED AND IT LOOKS BEAUTIFUL, I MUST SAY.
AND THOSE, UM, PIPES THAT ARE THERE, THEY'RE NOT, I DON'T KNOW WHEN SHE TOOK THESE PICTURES, BUT THOSE ARE NOT THERE.
THE, WE DID PUT SOME MORE OF THE POST METAL FENCING INSIDE THE FENCE, SO IT SHOULD NOT NEED A PERMIT.
IT'S ATTACHED ALMOST TO THE EXISTING POST.
I PUT THE MEMBRANE THERE MORE FOR, UM, AIR CAN GO THROUGH, BUT MORE FOR PRIVACY.
UM, I'M NOT SURE HOW THESE PICTURES, UM, WERE TAKEN AS THE GENTLEMAN HERE SAID HE GOES TO THE RIGHT OF WAY.
THIS LOOKS AS THOUGH SHE'S LIKE RIGHT ON MY PROPERTY LOOKING THROUGH THE GRASS.
MY HANDYMAN WAS THERE YESTERDAY.
IT REALLY DOESN'T LOOK LIKE THAT.
HE WAS GONNA GO THERE TODAY AND MOW BUT HE WASN'T ABLE TO GET THE VEHICLE TO DO IT.
BUT I'M NOT SURE OF, SHE HAS ALL THIS DEBRIS AND
[01:20:01]
STUFF.THERE ARE TRASH CANS AND YARD WASTE THAT NEEDS TO BE PICKED UP.
I BELIEVE THE FENCING THAT'S THERE, I THINK WE TOOK IT BACK TO MY HOUSE.
SO AGAIN, ALL THIS THAT'S INSIDE THAT SHOULD BE LIKE INSIDE THE, THE FENCE.
I'M NOT SURE WHERE THOSE PIPES ARE, BUT THEY WEREN'T THERE THE OTHER DAY.
THAT'S BASICALLY THE TRASH GUY HAS TO COME AND PICK IT UP.
UM, AND AGAIN, I THINK YOU NEED TO BE IN THE RIGHT OF WAY INSTEAD OF, UM, TRESPASSING ON MY PROPERTY, THERE IS A FENCE ON THE OTHER SIDE.
GOD, I DON'T KNOW WHY I'M OUT OF BREATH.
UM, THAT IS ALSO IN DISREPAIR.
IT'S FALLEN DOWN AND YOU CAN WALK FROM THE YARD ACROSS THE STREET OVER TO UM, UM, CUMBERLAND FARMS. SO I'M NOT SURE WHY I AM BEING SOUGHT AFTER, UM, TO DO IT.
BUT AGAIN, THE FENCING THERE, I THINK THAT'S ALREADY BROUGHT BACK TO MY OTHER HOUSE 'CAUSE I'M NOT USING THAT.
WE, I DECIDED TO PUT THE, UM, THE TALLER GALVANIZED PIPES AROUND TO MAKE IT MORE PRIVATE AND THERE SHOULD NOT HAVE TO BE A PERMIT FOR IT BECAUSE IT'S ON THE INSIDE OF THE EXISTING FENCE.
I KNOW, UM, YOU'RE KIND OF AFFILIATED WITH INDIA ATLANTIC, CORRECT? NO, NO.
BECAUSE THERE WAS A GENTLEMAN AND THERE WAS A FENCE UP AND IT WAS LIKE KIND OF FALLING DOWN.
SO THE GENTLEMAN PUT A FENCE UP ON THE INSIDE OF THE FENCE THAT WAS FALLING AND THE NEIGHBOR WAS IRRITATED 'CAUSE HE THOUGHT HE WAS, WELL WE HAVE, WE HAVE TO STAY THIS CASE, NOT SOMETHING ELSE.
BUT ANYWAY, SINCE IT WAS INSIDE ON HIS PROPERTY, THEY DID NOT ASK HIM TO GET ANOTHER PERMIT.
SO I SHOULDN'T HAVE TO GET A PERMIT WHEN THERE'S ALREADY AN EXISTING FENCE.
IF YOU WANT, JUST, JUST FOR BOARD CLARIFICATION, CAN YOU CLARIFY THAT THIS PROPERTY'S BEEN GIVEN FIVE EXTENSIONS? 'CAUSE THAT'S WHAT I SEE IN THE RECORD.
IS THAT CORRECT? UM, WE JUST STARTED DOING THIS AGAIN.
UM, SHE ORIGINALLY STARTED, WHICH I FEEL I'M ALMOST BEING BULLIED, THAT THERE WERE TWO TRUCK BEDS IN THE BACKYARD.
THEN NOW THERE'S, THIS IS ANOTHER ISSUE.
DO YOU KNOW WHAT I MEAN? IT'S LIKE I I I DO UNDERSTAND ONE QUESTION.
SO ACCORDING TO WHAT I SEE, THERE'S BEEN FIVE EXTENSIONS GIVEN ON THE PROPERTY TO CORRECT THESE ACTIONS FOR STARTING WHEN, LET, LET, LET'S LET, INSPECTOR CHAIRMAN.
THE, UM, ON THIS PROPERTY THERE WERE, UH, FOUR EXTENSIONS, UM, FOR THE ORIGINAL CITED CODE OF OPEN STORAGE OF, OF ITEMS THAT SHOULDN'T BE OUTSIDE.
AND THEN, UM, THERE WAS A SECOND NOTICE OF VIOLATION AND THEN A SECOND NOTICE OF HEARING WHERE, UM, D TO ADDRESS THE BC AND D OKAY.
SO, SO FOR, FOR EXTENSIONS THEN.
DO I HAVE A QUESTION? MR. MR. MOBA HAS A QUESTION? UH, FOR INSPECTOR GERRA, IS YOUR CAMERA CAL ED? IN OTHER WORDS, I'M LOOKING AT PICTURES THAT ARE DATED YESTERDAY.
OH, AND I HAVE A, THE, THE IDENTICAL, UH, PICTURES TODAY.
SO SOME, SO, SO, SO THE, THE COMMENT THAT THIS IS OLD NEWS IS NOT TRUE.
THESE PICTURES ARE DATED YESTERDAY.
WHERE ARE THOSE PVC AND THING, WHERE ARE THOSE LOCATED? OH, THEY'RE, UM, IF YOU'RE FACING 1920 RADNER, YOUR RADNER IS, UH, YOU KNOW, IF YOU'RE FACING THE HOUSE, IT'S ON THE RIGHT SIDE.
IF YOU WALK THROUGH THE VACANT LOT TO THE RIGHT THERE, RIGHT NEXT.
SO YOU'RE TRESPASSING ON THE NEIGHBOR'S PROPERTY? THAT'S A YES VACANT LOT AND I'VE HAD THEIR PERMISSION TO GO THERE.
[01:25:01]
WELL, WE'LL SEE.UM, BUT ANYWAY, IT'S, THERE'S NO EXPECTATION OF PRIVACY IN AN OPEN LOT.
BUT, UM, THAT'S, THAT UPPER LEFT PICTURE SHOWS THE LOCATION OF THOSE, UH, THOSE POLES THAT SHOULDN'T, THOSE SHOULDN'T BE THERE.
I THOUGHT MY HANDYMAN PUT HIM ON ME INSIDE 'CAUSE I DIDN'T WANT ANYONE TO SHOW.
SO THE QUESTION IS, SO THE, IT'S BEEN ESTABLISHED THAT THE PHOTOGRAPHS ARE TIME AND DATE STAMPED AND THAT'S BEEN PUT INTO RECORD AT THIS TIME.
WAS THERE ANOTHER QUESTION AT THIS TIME? IN THE, IN THE BOTTOM LOWER CORNER OF EACH PICTURE, YOU SEE A DATE? TIME STAMPED? NO, I DON'T
SEE THE ARROW MARCH? YEAH, I CAN'T, I CAN'T SEE IT.
OH, MARCH 10TH IS ON ALL MARCH 10TH IS THERE, THIS ONE'S FROM MARCH 11TH.
IT LOOKS LIKE THEY'RE ALL CURRENT PHOTOS.
AND THIS IS THE FENCING AGAIN, THAT'S IN THE, IN THE BACKYARD.
I GOTTA GET, IT'S ALL STILL THERE.
DO WE HAVE ANY OTHER QUESTIONS? I THOUGHT THAT FENCING WAS, I THOUGHT THAT FENCING WAS GONE AND BACK TO MY OTHER HOUSE WHERE I DIDN'T NEED SOME FENCING.
UM, SO AT THIS TIME WE HAVE A BOARD MEMBER DOES HAVE A QUESTION, MR. SCH.
MY QUESTION IS, UH, TO THE CODE OFFICER, UM, YOU CAN'T LOOK FENCE LOOKS LIKE IT'S AN EIGHT FOOT OR A SIX FOOT FENCE AND YOU CAN'T ADD TO THAT FENCE UNLESS YOU GET A PERMIT TO DO SO.
AND THEN THE POLLS, THE POLLS MUST BE IN COMPLIANCE WITH THE CODE SAYING WHICH SIDE OF THE FENCE IS SUPPOSED TO BE ON.
SO THE ORIGINAL, IF I MAY, UH, THE ORIGINAL CHAIN LINK IS ABOUT FOUR FEET.
THE POSTS THAT ARE ABOVE THE ORIGINAL FOUR FEET.
'CAUSE WE ASKED HER TO FIX THE FENCE, SO SHE DID, BUT THEN THE POSTS ARE TALLER THAN THE FENCE AND I MEASURED THAT THEY'RE OVER SIX FEET ABOVE GRADE AND, UH, AT THAT.
SO GOING BEYOND LET HER REPAIR THE FENCE WITHOUT A PERMIT.
BUT TO ADD THE ADDITIONAL WOULD REQUIRE A PERMIT, BUT THAT MIGHT NOT BE ALLOWED.
I'M NOT SURE ABOUT THE POST, BUT I'M SURE THAT THE FABRIC SCREENING WOULD NOT BE AN ALLOWED, UM, AN ACCEPTABLE FENCE MATERIAL.
AND THE POSTS ARE, UM, ON THE INSIDE, JUST INSIDE THE FENCE WHERE THE POSTS ARE SUPPOSED TO BE.
'CAUSE THEY'RE SUPPOSED TO FACE THE INTERIOR OF THE LOT.
ANY OTHER QUESTIONS? SO NO, LET GO.
NO, BUT SO SUGGESTION IS THIS, THAT THERE, YOU SEEM TO HAVE SOME QUESTIONS REGARDING WHAT SHOULD BE PERMITTED, WHAT SHOULD NOT BE PERMITTED.
I THINK THE CITY I THINK, WILL WORK WITH YOU TO CLARIFY THOSE, BUT AT THIS POINT IN TIME, THE BOARD WILL NEED TO TAKE SOME ACTION.
SO, UM, IF YOU WOULD, I WOULD LOVE TO HAVE EVERYONE COME OVER MA AND TAKE A LOOK.
BECAUSE THIS IS REALLY GIVING A BAD VIEW OF WHAT THE PROPERTY LOOKS LIKE FROM THE STREET.
EVERY, YOU KNOW WHAT I MEAN? THERE'S A LOT OF PEOPLE STILL THERE.
WE, WE WANNA HEAR EVERYBODY IN THEIR ENTIRETY.
SO WE, WE DO NEED TO MOVE ALONG.
SO I'VE BEEN SITTING THERE FOR
SO DOES, DOES THERE ANYBODY HAVE A, A MOTION FOR THE CHAIR? JUST AN INITIAL VIOLATION? UM, THIS IS A RECOMMENDATION.
START A FINE AT $25 A DAY STARTING TODAY.
FOR WHAT? TO DO WHAT, MR. CHAIRMAN? MY, MY FENCE IS GOING.
MR. TEO, MR. CHAIRMAN, I'D LIKE TO MAKE A MOTION IN CASE NUMBER CE 2023 DASH ZERO THREE THAT, THAT THE SIDE OF PRO RESPONDENT BE HAVING FAILED TO COMPLY WITH THE BOARD'S.
PREVIOUS ORDERS BE ASSESSED OF $25 PER DAY, BEGINNING TODAY, 3 11 20 26.
FOR EACH STATE VIOLATION CONTINUES AND SHALL BE RECORDED AS A LIEN.
THE TRUCKS, MA'AM, BEDS ARRIVE, MA'AM, BUT THAT'S THE, YOU KNOW, THAT'S WHAT THIS ORIGINAL THING AND THEN EVERYTHING KEEPS GETTING OUT.
WE GOT A MOTION ON THE FLOOR SO WE DON'T ACCEPT ANYBODY'S COMMENTS AT THIS POINT IN TIME.
SO THERE'S A MOTION ON BEFORE THE BOARD, A SECOND BY MR. LOOMER.
ANY FURTHER? QUESTIONS, COMMENTS? HEARING NONE.
HOW DOES THE BOARD VOTE? ALL IN FAVOR, SAY YAY.
THANK YOU MA'AM FOR YOUR PATIENCE AND YOUR TIME, BUT WE DO HAVE TO MOVE ON.
UM, I SEE THAT THERE'S A, WHAT'S YOUR NAME? JOHN, WHAT CASE ARE YOU WANT? WHAT'S THE NUMBER? MICHELLE? UH, AGENDA ITEM NUMBER 27.
[01:30:01]
ITEM NUMBER 27.CASE NUMBER 2024 DASH 0 0 7 0 5.
PROPERTY LOCATED AT 4 0 8 ROXY F SIR, CAN YOU RAISE YOUR RIGHT HAND? YES.
DO YOU SWEAR AND AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
WHAT IS YOUR NAME? SEAN BURLINGHAM.
AND HOW ARE YOU ASSOCIATED WITH THE PROPERTY? I'M THE OWNER.
WE'RE HERE ON UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? YEAH, THERE HAVE BEEN NO STEPS TO CORRECT THE VIOLATION OF OBSTRUCTION OF RIGHT OF WAY.
UM, THE CITY ATTORNEY'S OFFICE HAD ASKED FOR A HIM TO SUBMIT A PLAN TO, YOU KNOW, POTENTIALLY HAVE A RIGHT OF WAY USE AGREEMENT AND I'M NOT, UH, HEARING ANY PROGRESS ON THAT.
AND SO THE, UH, THE RIGHT OF WAY IS OBSTRUCTED WITH, UM, THINGS THAT THE PROPERTY OWNER, HIS FAMILY MEMBERS HAVE INSTALLED.
LIKE THE THINGS YOU SEE IN THE PHOTOS, THE, THE POSTS AND THE LOGS, THE WOODSY, HARDY WOODSY, SHRUBS, LANDSCAPE TIMBERS AND, UM, CONCRETE AND OR ROCKS.
WHAT'S THE CITY'S RECOMMENDATION? THE CITY RECOMMENDS, UH, RESTARTING THE FINE AT $25 A DAY UNTIL COMPLIED.
MR. BIRMINGHAM, DO YOU HAVE ANY QUESTIONS FOR INSPECTOR GERMAN OR ANY COMMENTS FOR THE BOARD? I, UH, YEAH, I DO.
UH, AND NUMBER ONE, THE PICTURE DOWN ON THE CORNER, THAT'S THE, THAT'S FAMILIAR.
YOUR COMPLAINT ABOUT THE SIGHT TRIANGLE COMPONENT? UM, ACTUALLY I, I DIDN'T SEE A LINE OF SIGHT OBSTRUCTION.
NO, I DON'T THINK THERE IS SEE IN THE RIGHT, RIGHT.
THAT, AND IT'S ABOUT THE YEAH, WE DID FIX THAT.
SO THIS, I JUST WANNA MAKE SURE THAT THAT'S UNDERSTOOD THAT THAT'S FIXED AND STILL FIXED.
WE'VE BEEN CLEAR THAT'S IN THE PICTURE BECAUSE, UM, IF YOU DRAW IT, NAN I'M SORRY, IT'S YOUR TURN TO HAVE A FOOT.
SO FROM WHERE HIS APPROXIMATE PROPERTY LINE IS, WHICH IS BASICALLY WHERE HIS, UH, SIX FOOT TALL WOODEN FENCES ARE, HE DRAW THE LINES TOGETHER, THAT'S WHERE HIS PROPERTIES CONNECT NEAR.
WHERE HELEN, CAN I, CAN I INTERRUPT YOU BRIEFLY AND UM, FINISH PLEASE.
SO THE PIC I TAKE PIC I TOOK PICTURES OF WHAT I AM, UH, BELIEVING TO BE IN THE RIGHT OF WAY, THINGS THAT NEED TO BE REMOVED THAT WERE INSTALLED BY PEOPLE AND THE CITY'S RIGHT OF WAY.
I HAVE ANOTHER QUESTION, OR AT LEAST A COMMENT.
UH, YOU'RE CORRECT ABOUT THE PROPERTY LINE ALONG ROXY AVENUE BEING, UH, ALIGNED WITH THE WOOD FENCE ALONG HELEN, THAT'S INCORRECT.
THE, THE FENCE IS ACTUALLY ABOUT A FOOT AND A HALF, TWO FEET IN FROM THE PROPERTY LINE.
JUST TO BE CLEAR, I DON'T THINK THAT YOU WERE AWARE OF THAT BASED UPON WHAT I HEARD AT THE VERY FIRST HEARING ABOUT THIS.
AND I GUESS IF THERE'S A RIGHT OF WAY USE AGREEMENT, THE FINAL DETERMINATION WOULD BE DETERMINED BY CITY ENGINEERING? WELL, YEAH, THE, IT'S TWO THINGS.
THE RIGHT OF WAY ON ROXY, WHICH IS WHAT THE, UH, RIGHT OF WAY USE AGREEMENT THAT THE CITY ATTORNEY PROPOSED.
AND, UH, AND THE SITE TRIANGLE, I JUST WANTED TO MAKE IT CLEAR THAT THE SITE TRIANGLE'S BEEN SOLVED.
IT HAS NOT, UH, REPEATED, IT HAS NOT COME BACK.
SO THANK YOU FOR CONTINUALLY MAINTAINING THE WE ARE VEGETATION SO IT DOESN'T BLOCK THE LINE OF SIGHT.
THANK YOU FOR YOUR ASSIDUOUS WATCHING OF THE SITE TRIANGLE THERE.
UM, BUT ABOUT THE, UH, OKAY, THANK YOU.
UM, ABOUT THE, UH, UH, RECOMMENDATION TO RESTART A FINE NOW.
UM, I CAN'T TELL YOU PRECISELY I, BUT I THINK IT WAS THREE MONTHS THAT I WOULD FOR THESE, UH, PROPOSED WAITED, NOT LIKE I WAS SUFFERING, BUT THAT'S ALL IT TOOK, UH, FOR THIS, UH, PROPOSED RIGHT OF WAY USE AGREEMENT, WHICH I WELCOMED.
UH, IT, IT KEEPS THIS THING OUT OF THE COURTS AND, AND IT, AND IT'S GONNA SOLVE A THING, BUT IT REQUIRES ME TO COME AND DO SEVERAL STEPS, WHICH INCLUDES, UH, DOING A FULL SURVEY AND A FULL DRAWING OF THE AREA AND THE LANDSCAPING THAT I'M GONNA HAVE THERE, AND THEN HAVING THAT, UH, APPROVED OR MODIFIED PER THE CITY ENGINEER.
IT'S A LOT OF WORK AND I JUST HAVEN'T ACCOMPLISHED IT YET.
I DON'T THINK RESTARTING THE FINE SOLVES ANYTHING.
ALL IT'S GONNA DO IS PUT US IN THE COURT.
AND I HAVEN'T TAKEN, I'VE TAKEN LESS TIME THAN THE CITY HAS TO COME UP WITH THE AGREEMENT.
SO, I MEAN, IF YOU WANNA PUNISH ME WITH A FINE, I DON'T THINK IT'S PRODUCTIVE.
SO I WOULD ASK YOU TO RECONSIDER THAT RECOMMENDATION TO RESTART THE FINE.
I DON'T THINK IT'S A GOOD IDEA AND I DON'T THINK IT, IT WHEN
[01:35:01]
I THINK IT'S GOING TO, UH, RUIN THE GOOD NATURED, UH, CHARACTER OF THE RIGHT OF WAY.AND THE DISCUSSIONS ABOUT THOSE, YOU, YOU MENTIONED DISCUSSIONS ABOUT THE RIGHT OF WAY USE AGREEMENT, AND YOU MENTIONED THE TIME THAT IT TOOK FOR THE CITY FOR MR. CONLEY TO GET YOU THE YEAH, I'M NOT COMPLAINING ABOUT THAT.
LET ME, LET ME FINISH MY QUESTION.
YOU MENTIONED ABOUT THE, THE DISCUSSIONS AND YOU MENTIONED THE TIME.
I WANT TO TALK ABOUT THE DISCUSSIONS BECAUSE WHEN I THINK OF A DISCUSSION, I THINK OF ONE PERSON SAYING SOMETHING AND THE OTHER PERSON RESPONDING.
HAVE YOU RESPONDED TO ANY OF MR. CONLEY'S EMAILS THAT HE HAS SENT TO YOU? I'VE RESPONDED TO A LOT OF EMAILS.
I HAVEN'T RECEIVED ANY EMAILS FROM, FROM HIM ONCE HE SENT, ONCE HE SENT YOU THAT AGREEMENT, HAVE YOU TOLD HIM THAT YOU WERE, YOU'RE WORKING ON IT.
HAVE YOU GIVEN HIM ANY UPDATES? HAVE YOU TOLD HIM WHAT THE PROGRESS OF THE STATUS IS? UH, WE TALKED ABOUT IT BEFORE THE HEARING, PRIOR TO THE LAST ONE.
AND HE TOLD YOU WHAT? THAT UH, YOU'RE GONNA HAVE IT TILL MARCH 11TH TODAY, UM, TO ASSEMBLE YOUR STUFF.
AND I'M TELLING YOU, I HAVEN'T BEEN ABLE TO ACCOMPLISH THOSE GOALS.
I'VE BEEN BUSY AND IT'S NOT SIMPLE.
UM, SO I'M ASKING FOR MORE TIME, BUT I HAVEN'T SPOKEN WITH HIM, I DON'T THINK FOR THE LAST COUPLE MONTHS.
YOU HAVEN'T SPOKEN TO HIM FOR THE LAST COUPLE MONTHS AND HE HAS TOLD YOU WHAT YOU NEED TO DO AND YOU HAVEN'T TOLD HIM THAT I'M WORKING ON IT.
YOU HAVEN'T GIVEN HIM ANYTHING IN THE PAST COUPLE MONTHS TO LET HIM KNOW WHAT YOU'RE DOING, CORRECT? I SUPPOSE IT IS, YES.
ANY QUESTIONS FROM THE BOARD, MR. CHAIRMAN? YES, SIR.
HAVE YOU CONSTRUCTED SOMETHING IN NOT ON YOUR PROPERTY THAT'S IN THE RIGHT OF WAY OF THIS ROAD? OKAY.
THERE'S A DISPUTE ABOUT WHAT IS IN MY PROPERTY, BUT CONSTRUCT THIS, THIS, THIS FIRST PHOTO THAT HAS THIS LOG CLOSE TO THE ROAD.
IS THAT ON YOUR PROPERTY? THAT IS ON MY PROPERTY.
DO YOU OWN IT? DO YOU PAY TAXES ON THAT PIECE OF DIRT? NO, IT DOES NOT BECAUSE IT'S CONSIDERED A RIDE OF, IT'S AN UNBUILT ROAD.
SO YOU'RE BUILDING SOMETHING ON THE CITY'S PROPERTY.
IT'S A LOG TO STOP PEOPLE FROM PARKING THERE.
THAT'S SO, MR. CHAIRMAN, AS SOON AS WE GET THROUGH ANY OTHER DISCUSSION, I'D LIKE TO MAKE A MOTION IN THE CASE.
ANY MORE QUESTIONS OR DISCUSSIONS? OH, YES, THE CHAIR WOULD, UH, ENTERTAIN A MOTION.
MR. TEAL? MR. CHAIRMAN, I LIKE TO MAKE A MOTION THAT IN CASE NUMBER CE 2024 DASH 0 0 7 0 5, THAT THE CITY RESTARTS A FINE OF $25 A DAY.
CAN WE PAUSE JUST FOR A SECOND? I'M SORRY.
UH, WE FORGOT TO MAKE SURE THAT MR. LOOMER DECLARED HIS, UH, HIS, UM, CONFLICT CONFLICT CON CONFLICT OF INTEREST? YES.
IF YOU COULD DO THAT, MR. LOOMER.
MR. MR. BIRMINGHAM AND I HAVE WORKED TOGETHER BEFORE AND YOU TURNED IN YOUR FORM FOR CONFLICT.
SO I'D LIKE TO MAKE A MOTION TO RESTART THE FINE OF $25 A DAY.
AND THAT WILL INCUR THE, UH, STOP THE STAY OF FINE THAT WE HAD PREVIOUSLY OF $2,300.
WE HAVE A MOTION FOR THE BOARD SECOND BY MR. MOBA.
ANY OTHER QUESTIONS OR DISCUSSIONS BEFORE WE VOTE? NO.
SO HOW DOES THE BOARD VOTE? ALL IN FAVOR.
THANK YOU, SIR, FOR YOUR TIME.
BEFORE WE GET TO ITEM NUMBER 12, I JUST WANNA MAKE SURE THAT WE GET RID, UH, GET, TAKE CARE OF EVERYBODY WHO IS AN ACTUAL DEFENDANT IN THE CASE.
ANY RESPONDENT? I THINK THIS GENTLEMAN WITH THE HAT ON.
I THINK HE'S JUST AN OBSERVER.
1257 PALM ITEM NUMBER 12, CASE NUMBER 2023 DASH 0 1 1 1 3 PROPERTY LOCATED AT 1267 PALM WOOD.
MA'AM, CAN YOU RAISE YOUR RIGHT HAND? UM, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES, I WILL.
AND WHAT IS YOUR NAME? DIANE DEPUY DEPU.
UM, AND HOW ARE YOU ASSOCIATED WITH THE PROPERTY? UH, WE LIVE RIGHT NEXT DOOR.
I'M SORRY THAT YOU HAD THE WAIT.
WE JUST HAD TO MAKE SURE THAT THE, UH, ALL THE PEOPLE WHO ARE ACTUALLY RESPONDING TO THE CASES WERE TAKEN CARE OF.
WE MADE A LITTLE BIT OF A MISTAKE WITH THE FIRST PRINCIPLE BEFORE YOU, UM, INSPECTOR KELLER.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS IN THIS CASE? UH, SO,
[01:40:01]
UH, SINCE THE, UH, LAST, UM, HEARING THERE'S BEEN NO PROGRESS OTHER THAN, UM, THE, UH, INOPERABLE SUV THAT WAS IN THE BACKYARD HAS BEEN MOVED TO THE FRONT YARD, UH, INTO THE, ONTO THE DRIVEWAY, BUT THERE'S STILL OUTSIDE STORAGE.THERE'S BEEN NO PERMITS APPLIED FOR, THERE'S STILL, UM, NO WATER SERVICE.
AND SO, UM, UH, THE CITY'S RECOMMENDATION IS TO, UH, RESTART THE $125 DAY FINE.
UM, MS. DWE, DO YOU HAVE ANY QUESTIONS FOR INSPECTOR KELLER? ANY COMMENTS FOR THE BOARD? NO, BECAUSE WE'RE PRETTY MUCH ON THE SAME PAGE HERE.
IN FACT, THAT'S, I WASN'T BRINGING UP A, A BIG, UH, THING I WAS GONNA READ TO YOU.
UM, BEFORE AND AFTER PICTURES, UH, HE DID A LOT OF WORK ON THE FRONT OF HIS HOUSE WITH NO PERMITS DOING ALL THE WORK HIMSELF.
THE HOUSE ITSELF IS IN REALLY POOR CONDITION.
I MEAN, IT'S, IT'S, I THINK MR. KELLER WOULD AGREE IT'S NOT EVEN REALLY LIVABLE.
AND THEN THE, THE, UH, BUDINSKI HAVE OWNED THE PROPERTY SINCE 1991, BUT NONE OF THEM HAVE EVER ACTUALLY RESIDED THERE.
IT HAS NO BEDROOMS, NO KITCHEN, NO BATHROOMS. IT'S USED AS A DRUG HOUSE, THEN PROSTITUTION.
WE WERE HERE, UH, IN 24, UH, SHOWING THEM WHAT THE HEALTH DEPARTMENT HAD SAID ABOUT IT.
AND, UH, THE BOARD THANKFULLY, UH, FINED THE HOUSE AND FOR SEVEN MONTHS WE HAD QUIET.
AND THEN AS SOON AS THE FINES WERE DROPPED, ALL THE DRUGS AND PROSTITUTION, EVERYTHING CAME BACK.
SO RIGHT NOW, THE REASON I'M TALKING LIKE THIS IS I HAVE A THYROID ISSUE THAT JUST HAPPENED WHEN, IN JANUARY WHEN THE DRUG DEALER GLENN, UM, SCREAMED AT ME TO GET INSIDE THE HOUSE.
I MEAN, HE'S, HE'S A VERY FRIGHTENING MAN AND HIS PARENTS ARE AFRAID OF HIM.
AND THE REASON THAT THEY ALWAYS HAVE HIM COME DOWN TO THAT HOUSE, AND THIS IS FROM HIS BROTHER, IS BECAUSE HIS PARENTS ARE AFRAID OF HIM AND DON'T WANT HIM AT THE HOUSE.
SO THEY SEND HIM DOWN, HOIST HIM OFF ON US, AND, UH, THE HOUSE ISN'T IN TERRIBLE CONDITION, WHICH, UH, THE PHOTOGRAPHS WILL SHOW IF, IF I MAY LET THEM SEE THERE'S BEFORE AND AFTERS OF WHAT THE HOUSE LOOKED LIKE BEFORE.
AND THEN SOME OF THE OTHER THINGS TOO.
UM, IF YOU GIVE IT TO THE BOARD, WE WILL, WE WILL HAVE TO KEEP IT THERE.
OH, IS THERE ONE FOR EVERYBODY OR IS IT JUST WELL, THEY'RE 6 0 5.
I HAD THESE HERE IN CASE THEY HAD QUESTIONS, UH, ABOUT THE PICTURES WE SHOULD MARK.
BUT AS MR. KELLER WAS SAYING THAT THEY DON'T HAVE WATER, WHICH IS WHY ONE OF THE GROSS PICTURES IS THEIR TOILET, WHICH HAS BEEN THE OUTDOORS, WHICH IS WHY WE CALL IT THE HEALTH DEPARTMENT.
THEY'VE ALREADY RUINED ALL THE PLANTS IN OUR BACKYARD BECAUSE THEY'VE USED THE FENCE AS A URINAL FOR YEARS.
AND THEN THIS LAST ONE, AT LEAST AT THE 24 MEETING, THEY WERE USING A BUCKET FOR THEIR TOILET.
AND NOW PICTURES WILL SHOW THAT IT'S JUST ALL OVER THE PLACE.
SO I GET UP AND I WATER MY FLOWERS OUT IN THE FRONT AND I SEE A GREAT BIG BEAR BOTTOM BETWEEN THE SLATS, AND THAT'S WHAT THEY'RE USING FOR THEIR TOILET.
SO THE NOISE, THE FILTH, I MEAN, I, I CAN'T EVEN DESCRIBE IT.
THESE PEOPLE, I MEAN, THE THINGS THEY TALK ABOUT, IT'S LIKE, I DON'T EVEN WATCH X-RATED MOVIES, BUT THESE KIND OF THINGS ARE JUST, THEY'RE NOT PROPER PEOPLE.
WE DO, WE DO SYMPATHIZE WITH YOU, MA'AM.
SO WE'LL SEE WHAT WE CAN, OKAY, WE'LL SEE WHAT ACTUALLY, BUT IF ON THE PICTURE TOWARD THE BACK, IF, IF YOU NOTICE THAT ON ALL OF THEM, IT SHOWS LIKE WHAT WERE WINDOWS AND NOW OUR DOORS, UM, ON THE FACADE LOOKS PRETTY GOOD IN THE FRONT.
AND I DON'T KNOW IF MR. KELLER CAN EVEN GET OVER HIS FENCE TO SEE ALL THE THINGS IN THE BACK AND WHERE LIKE THE FACADE HANGING OVER THE TOP.
OUR NEIGHBOR WHO HE CAME TO THE JANUARY 11TH MEETING, HE'S A BUILDER AND HE WAS CONCERNED BECAUSE THE WAY THEY PUT THE FACADE UP ON THE FRONT OF THE HOUSE, HE SAID IT WAS NOT HOLDING TIGHT.
SO IF THERE'S A HURRICANE, WE'RE GONNA ALL GET HIT ALL DOWN THE STREET BECAUSE THIS STUFF IS NOT, IT'S DONE BY A DRUG DEALER.
IT'S NOT DONE BY, THEY DIDN'T HAVE PERMITS, THEY DIDN'T DO ANYTHING RIGHT TO THIS.
SO, UM, WE WOULD JUST LIKE, IT LOOKED AT REALLY CAREFULLY.
[01:45:01]
MY HUSBAND CAN DESCRIBE THIS BETTER, IT'S UH, IT'S THE ELECTRICAL STRIKE AND UH, IT DOESN'T HAVE, OH, IT'S THE ELECTRICAL SERVICE DROP AND IT DOESN'T HAVE A STRIKE TO HOLD IT UP.AND THE SCARY PART TOO, THERE'S RATS IN THE ATTIC, WHICH HAVE BEEN CHEWING ALL THE WIRES.
UH, THE HOUSE IS, UM, MR. KELLER HAD TOLD ME IS FULL OF HIS HOARD ALL THE WAY TO THE CEILING BECAUSE THERE ARE NO ROOMS. SO IT'S JUST HOARD, WHICH OF COURSE IS A FIRE HAZARD IN ITSELF.
SO, UH, WE WOULD JUST LIKE TO HAVE IT.
I DON'T KNOW WHO INVESTIGATES A FIRE MARSHAL OR SOMETHING LIKE THAT.
UM, WELL WE CAN'T, THAT'S, THAT'S OUT OF OUR PURVIEW.
WE CAN ONLY DISCUSS AND AND TAKE ACTION ABOUT WHAT'S PRESENTED TO US TODAY.
NOT THE, THE COMPLAINANT WOULD LOVE TO HAVE THE HOUSE, YOU KNOW, CONDEMNED OR, UH, CONSIDERED, UM, UNLIVABLE AND IT, AND IT DOESN'T COME CLOSE TO THAT STANDARD.
IF IT CAME CLOSE, I WOULD ASK THE BUILDING OFFICIAL TO LOOK AT IT.
IT DOESN'T COME EVEN CLOSE TO THAT STANDARD.
AND LIKE SHE TESTIFIED THERE, I'VE BEEN INSIDE.
'CAUSE ONE OF THE THINGS HE WAS CITED FOR WAS THERE WAS PEOPLE HANGING OUT THERE QUITE A BIT AND USING THE BACKYARD AS, AS A, AS A BATHROOM.
AND ONE OF THE THINGS HE NEEDED TO DO WAS GET AN OPERABLE TOILET WITH THE WATER RUNNING.
AND, UH, HE DID ALLOW ME ACCESS INTO THE HOUSE.
AND, AND, AND IT'S TRUE THERE, THERE'S NO BED SET UP INSIDE.
IT'S, IT'S A CLUBHOUSE AND IT DID HAVE A WORKING TOILET.
IF IT WAS, IF, IF THE WATER WAS CURRENTLY ON IT WOULD HAVE A, A WORKING TOILET, UH, TODAY, I BELIEVE.
UH, BUT THERE'S BEEN LESS PEOPLE HANGING OUT THERE, BUT AS SOON AS WE THINK THERE'S NOT ANYBODY HANGING OUT THERE, THEY, THEY COME BACK.
AND SO THE CITY'S RECOMMENDATION IS TO, UM, RESTART THE FINE OF $125 PER DAY, WHICH WOULD BE, UH, UM, 14.
ON YOUR, ON YOUR MOTION LIST, IT SAYS RESTART, UH, FINE AFTER STAY, BUT THIS IS GONNA BE RESTART FINE AFTER PAUSE, RIGHT.
UH, SO THE, THE STAY IS CURRENTLY AT $26,375.
WHAT'S THE VALUATION THAT WE WOULD GO UP TO BEFORE WE WOULD STOP HAVING TO FIND, DO YOU HAVE ANYTHING ON THAT? SO, SO THERE'S CERTAIN CASES THAT ARE PRETTY EGREGIOUS THAT WE CONSIDER GOING ABOVE THAT AMOUNT.
AND IN THIS CASE, THE PARENTS IN ORDER TO, UM, UH, GET A, UM, SECOND MORTGAGE, WAS IT? YEAH, THEY, THEY HAVE THE, THE, THE PROPERTY OWNERS OF COURSE HAVE AN, AN ACTUAL RESIDENCE.
UM, THEY'RE ELDERLY AND THEY WERE RUNNING SHORT OF FUNDS AND THEY NEEDED SOME, SO THEY TOOK AN EQUITY LOAN OUT OF, OUT OF THEIR HOUSE, UM, WHERE THEY RESIDE AND DO THAT.
UH, BECAUSE THIS HOUSE IS ENCUMBERED, THEY GOT LIKE A $40,000 LOAN TO LIVE AND $26,000 WENT TO THE CITY.
UM, AND THAT'S WHERE WE'RE AT TODAY.
HOPEFULLY THAT NOW THAT THEY'VE BEEN HIT WITH THAT, IF WE COULD RESTART THE FIND, MAYBE THEY'LL ACTUALLY DO SOMETHING, UH, OTHER THAN JUST LET IT SIT THERE.
AND AGAIN, BUT MY QUESTION IS, HOW HIGH WOULD YOU, WOULD THE CITY BE WILLING TO GO ON THIS PARTICULAR PROPERTY? PROBABLY UP TO THAT SAME AMOUNT AGAIN.
UM, RIGHT NOW, BECAUSE THIS FINE IS NOW SITTING AT ZERO.
SO IF WE DON'T START THE FINE AGAIN, SO THEY, THEY PAID THE 26TH? THAT IS CORRECT.
TO BE CLEAR, NOT TO INTERRUPT, BUT, UH, IT ACTUALLY, THE, THE, THE BOARD GAVE 'EM UNTIL THE 18TH, SO THE FINE IS GOING TO GO BACK TO THE 19TH.
SO THERE'S ALREADY BEEN CORRECT.
SOME, UH, AND MAYBE WHEN THEY GET THAT, UH, IN THE MAIL, MAYBE THEY'LL DO SOMETHING.
BUT I REALLY DO BELIEVE THAT, UM, THEY ARE CONCERNED ABOUT THEIR PHYSICAL SAFETY FROM THE SON WHO HANGS OUT HERE.
AND WE'RE HOPING THAT CAN YOU, CAN YOU EXPLAIN ONE THING? HOW DID IT COMPLY ON JANUARY 27TH? NO, NEVER COMPLIED.
FINDING COMPLIED BY JANUARY 27TH.
IT, IT WAS GIVEN, IT WAS GIVEN A COMPLIANCE STATE UNTIL JANUARY.
AND THEN ON JANUARY, SO THAT, WHAT DID THEY USE? WHAT, WHAT AVENUE DID THEY USE TO PAY THE 26,000? THEY JUST GOTTA PAY.
DOESN'T MEAN THE VIOLATIONS ARE CORRECTED.
BUT THEY PAID THAT FINE, THEY PAID THAT FINE EVEN THOUGH THE FI EVEN BECAUSE IT WAS IN PAUSE.
I GOT A BIGGER PICTURE NOW, SO I'M READY TO MAKE A MOTION.
ANY OTHER QUESTIONS BEFORE WE GO? WELL, IS IT, COULD THIS THING ACTUALLY BE RE AMPUTATED? I GUESS COULD IT BE MADE THE HOUSE LIVABLE HAS
[01:50:01]
PLENTY OF POTENTIAL? OH, THE HOUSE HAS PLENTY OF, I'M ON A BUILDING INSPECTOR, BUT THE HOUSE HAS PLENTY OF POTENTIAL.SO TEARING IT DOWN IS NOT AN OPTION BECAUSE OF THE DRUG AND PROSECUTION.
AGAIN, IT'S, IT'S JUST NOT, AND, UM, AND DISREPAIR ENOUGH TO BE CONSIDERED CONDEMNED OR, UH, UH, BEYOND REPAIR.
UM, SO THAT, THAT'S NOT GOING TO HAPPEN.
AM I ALLOWED, THE OTHER THING, THE HOPE, YOU KNOW, WOULD BE THAT OTHERS WOULD ACQUIRE THE PROPERTY, BUT SHE HAS A COMMENT.
WELL, THERE'S A, CAN I ASK, FIRST OFF, MR. LIER HAS A QUESTION FIRST, JUST SO THE PROPERTY COULD BE SOLD, CERTAINLY IS OKAY, BECAUSE I KNOW IN THESE NEIGHBORHOODS AND A LOT OF NEIGHBORHOODS WE'RE BEING, WE'RE BEING SWAMPED BY PEOPLE WANTING TO PAY OFF EVERYTHING AND BUY YOUR PROPERTY.
THERE'S PLENTY OF, UH, FLIPPERS OR INVESTORS THAT WOULD YEAH.
AND AND THAT'S ONE OF THEIR CONSIDERATIONS.
AND WE'RE HOPING THAT ONCE THIS STARTS AGAIN, THEY WILL BE PUSHED INTO TRYING TO SELL IT.
OR, OR THEY CAN OR THEY CAN TAKE THE OPTION OF MORE FINES.
REAL QUICK, UM, WHEN THE, I THINK IT WAS THE JANUARY 11TH ONE WHERE THEY WERE SUPPOSED TO EITHER GET THE FINES OR PUT THE HOUSE UP FOR SALE.
UH, UH, NATHAN BACK HERE, NATHAN DOYLE HAD MADE AN OFFER TO, UH, ROBERT, BUT THAT MADE THE SON, THE, THE DRUG DEALER, SORRY.
UH, VERY, VERY ANGRY WITH ALL OF THEM.
THEY WERE, THEY WERE TERRIFIED OF HIM.
AND, UM, SO IT HAD THE OLDEST BROTHER, UH, GREG HAS BEEN EMAILING ME AND HE SAID, ACTUALLY IT WOULD BE BETTER IF THE HOUSE WAS CONDEMNED BECAUSE THEN THE CITY'S DOING IT AND THE FATHER'S NOT SELLING THE HOUSE.
THE CITY'S MAKING THAT THE CITY HAS NO OPTION FOR THAT.
AND THERE'S TONS OF PROPERTIES WAY AHEAD OF THIS FOR THAT KIND OF BACKGROUND.
LET'S, LET'S GET THIS DONE HERE.
ALRIGHT, AND ANY OTHER QUESTIONS, CONCERNS? NO.
I MAY, I MOTION THAT THE SIDE OF PROPERTY I RESPONDENT RESPONDENTS IN ITEM CE 2023 DASH 0 1 1 1 3 REMAINING NON-COMPLIANCE WITH THE BOARD'S PREVIOUS ORDER SHALL HAVE THE FINE RECOMMENDED IN THE AMOUNT OF $125 A DAY, BEGINNING FEBRUARY 19TH.
SO NEXT WILL BE FEBRUARY THE 19TH.
SHE'S GONNA, SHE GONNA, SHE'S GONNA COME UP THERE AFTER YOU.
FOR STATE, THE VIOLATIONS CONTINUES.
UH, ANY OTHER QUESTIONS? DISCUSSION, HEARING NONE? MOTION FOR THE BOARD? UH, LET'S VOTE.
NEXT ITEM IS ITEM NUMBER 14, CASE NUMBER 2024 DASH 9 0 7.
CASE NUMBER 44 OR SORRY, SORRY, PROPERTY LOCATED AT 44 93 COUNTRY ROAD INSPECTOR KELLER.
THIS IS, UH, UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS IN THIS CASE? UH, MARK, IF YOU MOVE UP TO THAT, WHICH ONE ARE WE ON? 14.
SO THIS IS THE ANOTHER, UH, POOL, UH, SWIMMING POOL SITUATION SIMILAR TO THE, THE CASE SHE HEARD, UH, PRIOR OF MINE.
UM, HE HAS A POOL IN DISPAIR IN THE BACKYARD.
IT WAS ORIGINALLY CITED FOR A, A UNSECURED POOL.
AND HE SAID SOMETHING ABOUT HE WAS GONNA GET A, YOU KNOW, THE, THE, UH, A POOL ENCLOSURE.
THEN HE WAS GONNA DO THE, UH, PUT A FENCE IN THE BACKYARD.
AND THEN, THEN HE SAYS, NO, I, AT FIRST I GOTTA FIX THE POOL.
SO, OH, YOUR POOL'S IN DISREPAIR.
SO HE AMENDED NOTICE OF VIOLATION WAS SENT FOR THE POOL IN DISREPAIR, AND HE DOES HAVE A PERMIT OR FROM DIFFERENT CONTRACTOR EVEN THOUGH HE'S A CONTRACTOR TO RESURFACE THE POOL.
UM, BUT HAVING SAID THAT, WE STILL HAVE AN UNSECURED POOL.
IF MARK MOVED TO THE NEXT SLIDE, YOU'LL SEE THAT EVEN AS OF TODAY, UM, THE TEMPORARY FENCING, UM, IS DOWN.
AND HE HAD AT ONE TIME PUT UP SOME DECENT TEMPORARY FENCING.
IN THE PRIOR SLIDE, YOU'LL SEE THAT THE A WIRE FENCING THAT DOESN'T MEET CITY CODE, BUT IT WAS GOOD FOR, FOR A CONSTRUCTION SITE.
UM, BUT HE SINCE HAS TAKEN THAT DOWN 'CAUSE I THINK HE NEEDS TO PUT THE PAVERS AROUND THE POOL.
AND IT WAS, THAT WAS IN A WAY.
SO THIS, THE CITY'S, UH, RECOMMENDATION IS TO LET THE, UM, $50 A DAY FINE RUN.
I DON'T KNOW THAT, UH, WE NEED ANY MOTION FOR BOARD ACTION ON THAT FROM THE CITY.
WE IS THERE BOARD ACTION REQUIRED ON THAT? NONE.
[01:55:01]
ALL RIGHT.NEXT ITEM IS ITEM NUMBER NINE.
THANK YOU FOR YOUR HELP BOARD.
ITEM NUMBER NINE, CASE NUMBER 2025 DASH 0 0 4 3.
PROPERTY LOCATED AT 1509 NORMAN STREET, INSPECTOR GOSLIN.
WHAT CAN YOU TELL THE BOARD ABOUT THIS VIOLATION? UH, THIS HOUSE IS IN PRETTY BAD DISREPAIR.
UH, HE'S GOT TRASH AND DEBRIS IN HIS, UH, OUTSIDE AREA THERE.
UH, THE ROOF'S IN DISREPAIR, BACKYARDS, OVERGROWN.
THERE'S TWO SHEDS THAT ARE KIND OF FALLING APART IN THE BACKYARD AS WELL.
UH, THE OWNER PASSED AWAY IN JULY.
UM, I GAVE THEM HIS FAMILY A COUPLE MONTHS FOR GO THROUGH THE PROBATE PROCESS.
THEY ALL DECIDED NOBODY WAS INTERESTED IN THIS PROPERTY FOR THE CONDITION.
UH, HIS NIECE DID TELL ME INSIDE, IT'S LIKE A HOARDER'S HOUSE.
IT IS SECURE, BUT IT NEEDS TO PROBABLY BE DEMOLISHED AT SOME POINT FOR HOW BAD IT WAS.
THERE IS WHAT, UH, ARE THE, WHAT'S THE NOTICE OF VIOLATION DATE? THE FIRST NOTICE OF VIOLATION WAS 6 30 20 25 WITH AN AMENDED NOTICE OF VIOLATION GIVEN ON 11 6 20 25.
AND THE NOTICE OF HEARING WAS ON 1 14 20 26.
AND THE RECOMMENDATION WAS TO FIND A VIOLATION AND COMPLY BY APRIL 21ST, 2026, CORRECT? THAT IS CORRECT.
UM, I HAPPEN TO LIVE IN THIS NEIGHBORHOOD AND THERE CERTAINLY HAS BEEN A LOT OF ACTIVITY THERE FROM REALTORS AND REAL ESTATE PEOPLE COMING IN AND, AND LOOKING AT AND PROBABLY PURCHASING IT AS, I HAVEN'T HEARD ANYTHING FROM THE FAMILY AT LEAST.
UM, THEY HAD INDICATED THAT, OH, THIS BROTHER WANTS TO DO SOMETHING AND THEN I WOULD TALK TO HIM AND THEN HE'D BE LIKE, NO, WE'RE JUST GONNA LET WHATEVER HAPPENED TO IT.
SO ANY OTHER QUESTIONS? WHAT'S THE CITY'S RECOMMENDATION? UH, TO FIND A NON-COMPLIANCE AND GIVE UNTIL 4 21 20 26 OR FINES OF UP TO $2,250 A DAY.
UH, ENTERTAIN A MOTION, MR. CHAIRMAN? YES, SIR.
I'D LIKE TO MAKE A MOTION AFTER RECEIVING NOTICE CITED PRIOR AUGUST RESPONDENCE IN CASE NUMBER CCE 2025 DASH 0 0 4 0 3.
BE FOUND IN VIOLATION OF CITY CODE AS CITED, NOT CITED PROPERTY NOR RESPONDENT BE GIVEN UNTIL 4 21 20 26 TO COMPLY OR A FINE OF UP TO $250 PER DAY BE ASSESSED.
RESTATED VIOLATION OF KEN BEYOND SAID DATE.
MR. MOBA, ANY OTHER QUESTIONS OR DISCUSSIONS? HEARING NONE UNLESS, UH, VOTE.
UH, HOW DOES THE BOARD VOTE ON THIS MOTION? ALL IN FAVOR, SAY YAY OPPOSED NAY.
NEXT ITEM IS ITEM NUMBER 10, CASE NUMBER 2025 TO ACT 0 0 7 8 7.
PROPERTY LOCATED AT 5 33 FEE AVE.
UM, INSPECTOR GOSLIN, THIS IS OLD BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT, UH, THE PROGRESS IN THIS CASE? NO PROGRESS HAS BEEN MADE ON THIS CASE.
UH, THE FRONT YARD HAS BEEN MOWED PREVIOUSLY.
UM, ALL THE DEBRIS WAS PUT INTO THE DRIVEWAY.
BACKYARD STILL HASN'T BEEN MOWED AND THE EAVES STILL NEED TO BE REPAIRED.
THERE'S BEEN NO MOVEMENT ON ANY PERMITS OR ANYTHING AS FAR AS THE CITY'S CONCERNED.
WHAT'S THE CITY'S RECOMMENDATION TO FIND IN NON-COMPLIANCE AND START A FINE OF $25 A DAY? ANY QUESTIONS? MOTION.
YOU WANT $25 A DAY STARTING NOW OR STARTING TODAY? OKAY, I'D LIKE THE MOTION.
I MOTION AND AFTER RECEIVING NOTICE THAT THE CIDER PROPERTY AND ALL RESPONDENTS IN CE 2025 DASH 0 0 7 87 BE FOUND IN VIOLATION OF CITY CODE CI AND THAT THE PROPERTY AND ALL RESPONDENTS BE GIVEN TO FOR 26, UH, 2026 TO COMPLY OR A FINE OF UP TO $250 PER DAY ASSESSED FOR EACH DAY.
HOW MUCH? NO, THAT'S WHAT THAT, THAT'S NOT WHAT HE SAID.
BUT THAT'S, THAT'S, THAT'S YOUR MOTION? THAT'S MY MOTION.
SO THERE IS A MOTION BEFORE THE BOARD AND THERE IS A SECOND BY MR. LUER.
IS THERE ANY QUESTIONS OR DISCUSSIONS? CAN I ASK YOU WHY YOU, THE, THIS IS A RECENT THING, BUT APPARENTLY THERE'S NO, NOTHING BEING DONE.
SO I THINK A LITTLE, UH, GIVING HIM SOME TIME TO THINK
[02:00:01]
ABOUT THE $250 FINE PER DAY AT, IN, IN A MONTH FROM NOW MIGHT BE INCENTIVE TO DO SOMETHING.WELL, THAT WAS DONE BACK IN JANUARY.
NOT, AND, AND AGAIN, THIS IS UP TO THE BOARD.
UM, I'M ONLY ASKING, UH, FOR SOME CONSIDERATION THAT A FINE AMOUNT AT THAT HIGH, EVEN THOUGH LEGALLY IS, IS ALLOWED.
IT'S NOT WITHIN OUR NORMAL PRACTICE.
I FIND THAT HIGH IS USUALLY SET ASIDE FOR MORE EGREGIOUS VIOLATIONS IN ESPECIALLY, UH, IMMINENT SAFETY BA VIOLATIONS.
YOU WANTED TO JUST EXTEND A NO, FINE.
NO, I WANTED TO EXTEND IT AND THEN IF IT NOTHING WAS DONE, THEN THE FINE STARTED.
YOU WANT TO EXTEND IT INSTEAD OF STARTING A FINE EXTENDED THE 4 26 AND THEN AFTERWARDS SORRY, MY, MY, MY, MY STICK.
THEY WANT TO, THEY WANT SOME ACTION AND START A $25 FINE AND YOU WANT TO EXTEND AND PAW OR DO NOTHING.
AND THEN IF THEY DON'T TIME TO CONTEMPLATE THAT, IT'S GONNA BE TWO 50 A DAY OR RIGHT.
WELL, WE DID THAT, WE DID THAT BACK IN JANUARY ON 10.
WE HAD A FINDING AND COMPLY BY TODAY, WHICH THEY HAVE NOT DONE RIGHT.
SO WE'VE ALREADY GIVEN, WE'VE ALREADY GIVEN THEM SIX WEEKS WITH NO ACTION.
WE HAVE A FINE ATTACHED TO IT NOW.
THERE'S A FINE ATTACHED TO IT.
WELL, IT, IT'S, IT'S DEFINITELY UP TO THE BOARD IF YOU WANT TO EXTEND IT TO THE, UH, TO, UH, WHATEVER DATE OR, YEAH.
SO WE HAVE A MOTION AND A SECOND BY MR. LOOMER.
ANY OTHER QUESTIONS? IF I MAY SAY IT SHOULD BE 4 21.
MR. LOOMER, ANY OTHER QUESTIONS OR DISCUSSIONS? IF NOT, HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
YOU ARE THE, YOU'RE THE TARGET.
AND WOULD YOU REPEAT, EXCUSE ME, MR. CHAIRMAN? NO, GO AHEAD.
WILL YOU REPEAT WHAT THE CITY RECOMMENDATION IS EXACTLY? THE CITY RECOMMENDATION WAS DEFINED IN NON-COMPLIANCE AND START A FINE OF $25 A DAY STARTING TODAY.
DO I HAVE ANOTHER MOTION? I'D LIKE TO MAKE A MOTION.
I'D I CAN MAKE A MOTION THAT HAVING A RESPONDENTS IN CASE NUMBER CE 2025 DASH 0 0 7 8 7 HAVING FAILED TO COMPLY WITH BOARD PREVIOUS ORDERS THAT WE START A FINE OF $25 PER DAY BEGINNING TODAY, 3 11 20 26 UNTIL COMPLIED.
IS THERE A SECOND? I'LL SECOND.
MOTION BEFORE THE BOARD SECONDED BY MS. FULTON.
ANY OTHER QUESTIONS OR DISCUSSIONS? HEARING NONE.
HOW DOES THE BOARD VOTE? ALL IN FAVOR, SAY YAY.
WHAT HAPPENED WHEN WE ALL, ALL Y'ALL VOTED? YAY.
WELL, AUGUST, NOT ONLY TWO YAYS.
ITEM NUMBER 16, CASE NUMBER 2022 DASH 0 0 1 9 5.
PROPERTY LOCATED AT 3 0 1 3 SORRY.
3 1 0 1 NORTH HIGHWAY A ONE A INSPECTOR DUR RAT.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? UH, YEAH.
THE PROPERTY OWNERS OF THE RADISON ARE STILL WORKING WITH, UH, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY'S, UH, COMMUNITY DEVELOPMENT DEPARTMENT.
UM, THE CITY RECOMMENDS TO EXTEND THE STATE OF THE FINE UNTIL 4 22 26.
ANY QUESTIONS? DOES IT REQUIRE BOARD ACTION OR NO? IS THERE BOARD ACTION REQUIRED ON THIS? YES, YOU HAVE TO.
SHOULD BE MR. CHAIRMAN? YES, SIR.
I MAKE A MOTION THAT ALL THOSE CITED PROPERTY AND OUR RESPONDENTS IN CASE NUMBER CCE 2022 DASH 0 1 9 5 REMAINS IN NON-COMPLIANCE IN THE BOARD'S.
PREVIOUS ORDERS, THE EX PREVIOUS STAFF BUYING ORDER SHALL BE EXTENDED, EXTENDED TO THE, UH, AT THE CURRENT AMOUNT OF $6,000 UNTIL THE HEARING ON 4 22 OF 26.
YOU'RE STAYING THE FINE? YEAH.
[02:05:01]
MS. FULTON.ANY OTHER QUESTIONS, DISCUSSIONS, IF NOT MOTION FOR THE BOARD.
ALL IT'S REQUIRED IS TO PREVENT, CORRECT? WELL, IT'S IS NOT QUITE THAT SIMPLE.
IT'S, WELL, THAT'S QUITE A BIT, QUITE A BIT MORE INVOLVED BECAUSE IT'S, UH, YOU KNOW, ON, ON THE BEACH AND, YOU KNOW, YOU HAVE FLORIDA DEPARTMENT OF ED, UH, ENVIRONMENTAL PROTECTION THAT'S, UH, THAT'S INVOLVED IN IT.
AND RIGHT NOW THEY'RE TRYING TO GET, UH, ACTUALLY THEY'RE TRYING TO GET THE OKAY FROM THE CITY SAYING THAT THE DOC DOES NOT IMPEDE ON ANY ENCROACHMENTS OF THE SETBACKS.
AND WE'RE ALMOST IN THE CATCH 22 BECAUSE IT'S SOMETHING THAT COMMUNITY DEVELOPMENT NEEDS FROM DEP AND DEP NEEDS SOMETHING FROM US.
SO IT'S, IT'S GOTTEN TO BE A KIND OF DRAWN OUT PROCESS.
WELL, IT, IT LOOKS LIKE IT, THIS BEGAN ON THE 20, ON THE YEAR 22.
SO IT'S BEEN GOING FOR ALMOST SIX YEARS NOW, OR FOUR YEARS TRYING TO GET A BUILDING PERMIT.
WELL, THAT, AMONGST OTHER THINGS, I MEAN, THERE WERE SEVERAL OTHER VIOLATIONS THAT WERE ATTACHED TO THIS SAME CASE.
BUT ALL WE'RE DEALING WITH IS A BUILDING PERMIT AFTER FOUR YEARS.
THEY STILL DON'T HAVE A PERMIT FOR THIS.
BUT IT'S, IT'S, IT'S A LOT MORE INVOLVED THAN I KNOW.
I KNOW WHAT IT TAKES TO BUILD A SKYSCRAPER FROM CHICAGO.
YOU KNOW, SO I, I GET THAT PART.
BUT FOUR YEARS TO TAKE THAT LONG, EVEN IN CHICAGO.
SO,
DID WE HAVE A, DID WE HAVE A MOTION OR NO? YEAH, SECOND.
SO HOW DO WE VOTE? ALL THOSE IN FAVOR, SAY YAY.
NEXT ITEM IS ITEM NUMBER 17, CASE NUMBER 2025 DASH 0 3 6 PROPERTY LOCATED AT 1129 AURORA ROAD.
INSPECTOR DURANT, THIS IS OLD BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? UH, YES, I SPOKE WITH THE PROPERTY OWNER EARLIER THIS WEEK, AND HE'S FINALLY FOUND A NEW CONTRACTOR TO, UH, ASSUME RESPONSIBILITY OF THE, UH, OF THE PERMIT, WHICH WAS EVERYTHING WAS APPROVED, BUT HE JUST NEEDED A CONTRACTOR TO COME IN BECAUSE HIS ORIGINAL CONTRACTOR THEY HAD ISSUES WITH, HE JUST DIDN'T WORK OUT.
AND THE PROPERTY IS, UH, BEING RENTED OUT, SO HE COULDN'T JUST ASSUME IT HIMSELF.
SO THE CITY RECORDS IS RECOMMENDED TO EXTEND THE COMPLIANCE TO 4 21 26.
CASE NUMBER CE 2025 DASH 0 0 0 3 6 THAT THE BOARD EXTENDS THE COMPLIANCE DATE TO 4 21 20 26.
MOTION FOR THE BOARD SECOND BY MR. MOBA.
ANY OTHER QUESTIONS? HEARING NONE.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
NEXT ITEM IS ITEM NUMBER 19, CASE NUMBER 2025 DASH 0 0 1 8 9.
PROPERTY LOCATED AT 25 35 BURNS AVE.
UH, ITEM NUMBER 20, CASE NUMBER 2025 DASH 0 0 2 5 1 PROPERTY LOCATED AT 1700 NORTH HARBOR CITY BOULEVARD.
THIS IS NEW BUSINESS, INSPECT DURANT.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? UH, YES.
THIS IS THE OLD CV AXLE, UH, BUILDING ON THE CORNER OF NORTH HARBOR CITY IN AURORA.
UH, IF YOU CAN LOOK AT, UH, VIOLATION A, WHICH HAS BEEN COMPLIED, THEY DID OBTAIN THE PERMIT FOR THE INSTALLATION OF THE AC.
UH, HOWEVER, THEY'RE STILL WAITING TO, UH, FOR APPROVAL FOR THE PAINTING OF THE BUILDING THROUGH HARB, WHICH THEY SHOULD HAVE A MEETING, I BELIEVE, NEXT WEEK ON, UH, MARCH THE 18TH.
IT SHOULD GO BEFORE COUNCIL, BUT, UM, THE CITY JUST WANTS TO GET A FINDING OF VIOLATION AND SET THE COMPLIANCE DATE FOR 4 21 26.
ANY QUESTIONS? UH, MR. CHAIRMAN? YES, SIR.
SO, ITEM A ON, ON THIS SIDE ON THIS CASE IS COMPLIED PRIOR TO HEARING.
AND SO WE'RE LOOKING AT ITEM B ONLY, CORRECT? YES.
AND WHAT'S THE CITY RECOMMENDATION AGAIN? UH, FOR A FINDING OF VIOLATION AND SET THE COMPLIANCE STATEMENT FOR 4 21.
I MOTION THAT RECEIVING NOTICE CITED PROPERTY AND ALL RESPONDENTS IN CASE NUMBER CE 2025 DASH 0 2 5 1 BE FOUND IN VIOLATION OF CITY CODE CITED AND CITED PROPERTY.
AND ALL RESPONDENTS BE GIVEN UNTIL 4 21, 20 23
[02:10:02]
TO COMPLY OR FINE OF UP TO $250 PER DAY.ANY OTHER QUESTIONS? HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
NEXT ITEM IS ITEM NUMBER 21, PROPERTY LOCATED AT 1618 CYPRESS AVE.
INSPECTOR GERMAN, THIS IS UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS IN THIS CASE? SO THE REMAINING VIOLATION IS THE, UH, FENCE WITHOUT A PERMIT BETWEEN THAT GATE AND THE BUILDING NEXT DOOR.
BUT THIS WAS THE CASE THAT HAD THE PROPERTY LINE DISPUTE WITH THE CIVIL CASE THAT, UM, IT'S GOING TO EXTEND A LEASE.
THE CIVIL SUIT IS GONNA EXTEND A LEASE UNTIL APRIL 2ND.
SO THE CITY'S GOING TO RECOMMEND, CITY RECOMMENDS THAT EXTENDING THE COMPLIANCE DATE TO FOUR OH, THE, SORRY.
CONTINUE THE STAY OF FINE TO, UH, 4 22 26.
AND CASE NUMBER CE 2022 DASH 0 1 2 5.
THAT THE BOARD EXTENDS THE STAY A FINE UNTIL 4 22 20, 26 OUT OF $8,800.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
CASE NUMBER 2023 DASH 0 8 9 6.
PROPERTY LOCATED 1807 RIVERVIEW DRIVE, INSPECTOR GERMAN.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS IN THIS CASE? THEY DON'T HAVE PERMITS, BUT THE CONTRACTORS HAVE BEEN ACTIVELY WORKING TOWARDS, UH, MOVING THE PERMIT CLOSER TO THE DATE WHERE IT COULD BE ISSUED BECAUSE THEY'VE BEEN UPLOADING DOCUMENTS AND PROVIDING INFORMATION TO TRY TO GET THE, UH, PLANS REVIEW CONTINUING SO THEY COULD TRY TO GET THE PERMIT MOVING FORWARD.
SO THE CITY RECOMMENDS EX UH, EXTENDING THE COMPLIANCE DATE TO 41 4 21 26.
I DO HAVE A QUICK QUESTION THOUGH.
ISN'T THIS A COMPLEX PERMITTING PROCESS? DO YOU THINK THAT'S GONNA ALLOW ENOUGH TIME IF THEY HAVE BEEN ACTIVELY PURSUING THIS? ACTUALLY, UH, I'M GLAD YOU BROUGHT THAT UP BECAUSE, UM, THE MOST RECENT, UM, PERMIT REVIEW WAS PAST THE DAY IT WAS SUPPOSED TO BE.
UM, SO YOU WOULD SAY THAT WE SHOULD GO TILL THE, THE MEETING AFTER THAT THEN FOR YES.
WOULD THAT BE, UM, JUNE SOMETHING? YEAH.
EXTENDING THE COMPLIANCE STATE TO SIX TWO.
I WOULD AMEND THAT, UH, RECOMMENDATION.
GO AHEAD, MR. CHAIRMAN, I'D LIKE TO MAKE A MOTION.
CASE NUMBER CE 2023 DASH 0 0 8 9 6 THAT THE BOARD EXTENDS A COMPLIANCE DATE TO 6 2 20 26.
ANYONE WITH A SECOND? SECOND MOTION FOR THE BOARD? SECOND BY MR. MOBA.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY OPPOSED NAY I VOTE.
ITEM NUMBER 25, CASE NUMBER 2024 DASH 0 2 1 3.
PROPERTY LOCATED AT 4 0 6 BLOCK DRIVE.
INSPECTOR GERMAN, THIS IS UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS IN THIS CASE? UH, YES.
SO THERE WAS A NEW PROPERTY OWNER, WHICH, UM, WE HAD, UH, SEND A NEW NOTICE OF VIOLATION AND, UH, NOTICE OF HEARING IT'S THE SAME COMPANY, URBAN PROPERTY DEED IT OVER TO PATRICK SHAW.
AND, UH, SINCE THERE WAS A NEW OWNER, WE WENT THROUGH THE PROCESS OF SENDING THE, UH, NOV FOUR WAS SENT 1 22 26.
AND ON 1 23 26, THAT N NO NOTICE OF VIOLATION FOUR WAS HAND DELIVERED TO THE NEW OWNER PATRICK SHAW.
THE NOTICE OF HEARING TWO WAS SENT 2 3 26 AND WAS POSTED ON 2 26 26.
SO AT THE PROPERTY, UM, THE BUILDING MAINTENANCE IS STILL AN ISSUE.
THEY HAD, UH, OPEN STORAGE YESTERDAY.
UM, AND IF WE COULD GO TO THE NEXT SLIDE, UM, IF YOU MAY RECALL, THEY HAD, UH, WORK WITHOUT A PERMIT OF INTERIOR DEMOLITION WITHOUT A PERMIT FILLING IN AND WINDOW OPENINGS WITH CONCRETE BLOCK AND STUCCO.
AND THEY ALSO HAD A WINDOW IN THE UPPER RIGHT IN THE UPPER RIGHT COURT, UPPER RIGHT PHOTO, ALSO THE UPPER RIGHT OF THAT PHOTO, UH, THEY REMOVED A WINDOW, INSTALLED A WINDOW WITHOUT A PERMIT, THEY GOT A PERMIT ISSUED, AND NOW THEY'RE, TODAY
[02:15:01]
THEY WERE INSTALLING THE NEW WINDOW WITH PERMIT, UM, BUT STILL NOT ENOUGH, UH, PROGRESS TO COMPLY THE CASE.SO THE CITY IS RECOMMENDING OF, UM, FINDING THE PROPERTY AND VIOLATION AND RECURRING VIOLATION OF B AN INITIAL A VIOLATION OF A AND C WITH THE COMPLIANCE DATE OF 4 21 26 OR A FINE OF UP TO $250 A DAY FOR EVERY DAY STILL IN VIOLATION.
UM, MICHELLE, HOW IS THIS BUILDING? IS THIS BUILDING, UH, THE, THE MAIN STRUCTURE, IS IT LIKE FIFTIES OR 1950S WHEN, WHERE THE MAIN STRUCTURE WAS BUILT? UH, 1925.
VERY SIMILAR TO THE SAME YEAR THAT BARCELONA, HOW FLORIDA AIR COUNTY WAS MADE WAS BUILT IN SOME OF THE OTHER HOMES HERE IN THE AREA.
ANY OTHER QUESTIONS? SO ARE WE CLEAR ON THE CITY'S RECOMMENDATION? I JUST, I JUST HAVE ONE QUESTION FOR CLARIFICATION.
UH, IN THIS CASE, WE'RE, WE'RE ISSUING A A YOU'VE ISSUED A STOP WORK UNTIL THE PERMITS ARE ISSUED.
IN OTHER CASES WE JUST SAY, GO GET A PERMIT, NOT, DON'T STOP WORKING OR FORGET THAT YOU ALREADY DID ALL THE WORK.
WHAT, WHAT WAS DIFFERENT ABOUT THIS CASE? OH, IN THE, THIS ORIGINAL, UH, CASE WITH THE COMPANY THAT OWNED IT, WE DID ISSUE A STOP WORK ORDER.
RIGHT, BUT WHAT, WHAT, WHAT, WHAT, WHAT'S THE CRITERIA FOR THAT? THEY CAUGHT 'EM DOING SOMETHING WITHOUT A PERMIT.
HALF THESE CASES ARE, THEY'VE DONE SOMETHING WITHOUT A PERMIT, BUT WE DON'T TELL 'EM TO STOP.
WE JUST SAY, OH, I GUESS GET A VARIANCE.
I GUESS SOMETHING APPLIES RIGHT AWAY FOR A PERMIT.
UM, AND THIS PERMIT FOR THE WINDOW ON THE UPPER RIGHT, UH, THAT WAS AN AFTER THE FACT PERMIT
SO WE DID ISSUE A STOP WORK IN THIS CASE.
JUST, UH, WITH THE FIRST OWNER WHO'S REALLY THE SAME PERSON.
BUT, UM, WE HAD TO HAVE A DO OVER BECAUSE OF THE TECHNICAL CHANGE.
ARE AGAIN, ARE WE CLEAR WITH THE CITY'S RECOMMENDATIONS OR DO YOU WANT HER TO RESTATE? I CAN RESTATE, YEAH, RESTATE 'EM PLEASE.
CITY RECOMMENDS FINDING THE PROPERTY AND RECURRING VIOLATION OF B AN INITIAL VIOLATION OF A AND C SETTING A COMPLIANCE DATE OF 4 21 26 OR A FINE OF UP TO $250 A DAY FOR EVERY DAY STILL IN VIOLATION.
AND THAT WOULD BE A NUMBER NINE.
A FOR ITEMS A AND C AND NINE B FOR ITEM B ON YOUR, UH, ONE GUIDELINE SHEET THERE, MR. CHAIRMAN? YES, SIR.
UM, MR. GREEN AND ON ITEM B, WOULD IT BE REOCCURRING? DO YOU HAVE, IS IS THAT STILL THE TWO 50 OR IS THAT, WHAT ARE WE LOOKING AT ON THAT? WHAT'S THE CITY LOOK AT? OH, JUST TO FIND IT IN RECURRING VIOLATIONS.
'CAUSE WE SENT THE NOTICE OUT AND THEN IT WAS IN VIOLATION AFTER WE SENT THE NOTICE OF VIOLATION FOR B.
'CAUSE B KIND OF STOPPED, BUT WE STILL WANT 'EM TO BE FOUND IN VIOLATION.
'CAUSE I, I KNOW WHAT YOU'RE SAYING.
LIKE SOMETIMES WE SAY, OH, I WANT YOU TO FIND YOU IN VIOLATION FOR SO MUCH ON THIS DATE, BUT WE'RE ASKING FOR JUST, HEY, LET'S KEEP WORKING TOWARDS COMPLIANCE.
DON'T LET THIS SOLID WASTE COME BACK AND THE COMPLIANCE DATE TO BE 4 21.
UH, NOT TO FIND THEM ONCE FOR THAT ONE DAY THEY HAD OPEN STORAGE.
WE JUST WANT THEM TO FOCUS ON CONTINUALLY NOT HAVING SO OPEN STORAGE.
THE RECURRING VIOLATION WOULD WOULD BE B AND GIVE 'EM UNTIL 4 21 26 COMPLY ON THE RECURRING VIOLATION.
THEY HAD IT YESTERDAY BUT NOT TODAY.
AND WE STILL WANNA FIND 'EM IN VIOLATION.
A NCB INITIAL VIOLATION OF TWO 50 UP TO TWO 50.
I MAKE A MOTION THAT AFTER PREVIOUS RECEIVING NOTICE THE CITY, UH, SIDE OF PROPERTY ON ALL RESPONDENTS TO CASE NUMBER CE 2024 DASH 0 0 2 1 3 BE FOUND IN RECURRING VIOLATION OF CITY CODE, AGAIN, CITED AND RESERVED ON THE WITH, UM,
[02:20:02]
AND BE GIVEN UNTIL APRIL THE 21ST.AND ON ITEMS A AND C BE FOUND IN VIOLATION, INITIAL VIOLATION OF CITY CODE DECIDED.
AND ALL RESPONDENTS BE GIVEN UNTIL 4 21 20 26 COMPLY FOR A FINE OF UP TO $250 PER D ASSESS, RESTATE OF VIOLATION, CONTINUE BEYOND SAID DATE.
SO MOTION FOR THE BOARD SECOND BY MS. FULTON.
ANY OTHER QUESTIONS? IF NOT BOARD VOTES.
UH, HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
ITEM NUMBER 27, CASE NUMBER 2024 DASH 0 7 5.
WE, THAT ONE WE JUST DID, WE DID THAT, DIDN'T WE? ONE, WE JUST DID THAT.
CASE NUMBER 2024 DASH 0 0 2 6 8.
PROPERTY LOCATED AT 33 29 TESTIMONY STREET.
INSPECTOR ANDRE, THIS IS OLD BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THE PROGRESS? YES.
UM, THE PROPERTY OWNER STOPPED A FEW MONTHS AGO AND HAVEN'T DONE ANYTHING SINCE THEN.
SO, SO WHAT ARE WE ASKING THE BOARD TO DO? THE CITY REQUESTING THE FINE BE REINSTATED AT $25 A DAY.
ANY QUESTIONS? DO I HEAR A MOTION? MR. CHAIRMAN? YES, SIR.
CASE NUMBER CE 2024 DASH 0 0 2 6 8.
THAT THE RESTART THE STAY OF FINE FROM $8,950 AND RESTART IT AT $25 A DAY.
MOTION ON THE, IN FRONT OF THE BOARD.
ANY OTHER QUESTIONS? IF NOT, HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
ITEM NUMBER 29, CASE NUMBER 2024 DASH 0 0 7 7 5.
PROPERTY LOCATED AT 8 34 WH JACKSON STREET INSPECTOR ANDRE, THIS IS UNFINISHED BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? THE PROPERTY OWNER DID GET A PERMIT FOR THE ROOF AND DID THE ROOF AND THEY'RE WORKING ON PAINTING IT, UM, HAVING IT LOOK PRETTY GOOD UNTIL THEY CAN FIND A CONTRACTOR TO DO THE INTERIOR WORK.
SO THE CITY WOULD LIKE TO EXTEND COMPLIANCE.
THE 4 21 AGAIN, I'M, I'M, I'M GONNA ASK THE QUESTION.
SO THEY HAVE BEEN COMPLIANT, THEY'VE BEEN WORKING ON THIS MM-HMM
IS THAT ENOUGH TIME OR SHOULD WE EXTEND TO SIX TWO? I THINK IT SHOULD BE ENOUGH TIME BECAUSE THE ROOF WAS DONE ALREADY.
UM, WHAT, WHAT WE DID SUGGEST TO THEM UNTIL THEY FIND A CONTRACTOR, IF THEY PAINTED THE WOOD AND THE, THE PAINT OF THE BUILDING, WE WOULD COMPLY THE CASE AND HAVE IT LIKE THAT FOR ANOTHER YEAR.
BASICALLY TAKE CARE OF THE EXTERIOR OF THE PROPERTY AND THEY CAN WORRY ABOUT THE INTERIOR AT ANOTHER TIME.
SO THE RECOMMENDATION IS TO EXTEND, EXTEND 4 22, CORRECT.
ALRIGHT, QUESTION? YEAH, GO AHEAD.
I CAN MAKE A MOTION IN CASE NUMBER CE 2024 DASH 0 7 7 5 THAT THE BOARD EXTENDS, EXTENDS THE COMPLIANCE DATE TO 4 21 26.
ANY OTHER QUESTIONS? HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY OPPOSED? HEARING NONE.
SERIOUSLY, AREN'T WE? UH, WE HAVE FOUR MORE.
ACTUALLY WE HAD FOUR MORE INSPECTOR.
ANDRE, AND THEN TWO MORE WITH INSPECTOR HAROLD.
CASE NUMBER 2025 DASH 0 0 0 9 1 PROPERTY LOCATED AT 5 0 6 WILLIAMS STREET.
INSPECTOR ANDRE, THIS IS OLD BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? OKAY, UM, THE PROPERTY OWNER CAME IN TODAY AND GOT A ROOFING PERMIT.
UM, SO WE WOULD LIKE TO EXTEND COMPLIANCE UNTIL 4 21.
ANY QUESTIONS? ARE WE ON 32? WE ARE, YES.
CASE NUMBER CE 2025 DASH 0 0 0 9 1 THAT THE BOARD EXTENDS A COMPLIANCE DATE TO 4 21 26.
MOTION FOR THE BOARD SECOND BY MR. MOBA.
ANY OTHER QUESTIONS? HEARING NONE.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
CASE NUMBER 2025 DASH 0 0 9 2.
[02:25:01]
1301 BAKER DRIVE.INSPECTOR ANDRE, THIS IS OLD BUSINESS, BUT CAN YOU TELL THE BOARD ABOUT THIS CASE? IT HAS BEEN NOTHING DONE TO THIS PROPERTY SINCE THERE WERE CITED, SO WE'D LIKE TO START A FINE AT $25 A DAY STARTING TODAY.
ANY QUESTIONS? NONE ENTERTAIN A MOTION, MR. CHAIRMAN? YES, SIR.
MAKE MOTION IN CASE NUMBER CE 2025 DASH 0 0 9 2.
THE RESPONDENT'S HAVING FAILED TO COMPLY WITH THE PREVIOUS MOTION AS WE START A FINE OF $25 A DAY STARTING TODAY.
ANY OTHER QUESTIONS? HEARING NONE.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
NEXT CASE IS CASE NUMBER OR ITEM NUMBER 35.
CASE NUMBER 2025 DASH 0 0 5 1 4.
UH, INSPECTOR ANDRE, THIS IS OLD BUSINESS.
WHAT CAN YOU TELL THE BOARD ABOUT THIS CASE? YEAH, THE PROPERTY OWNER HAVE DONE MAJOR PROGRESS TO THIS.
THIS WAS A YOUNG LADY WHO WAS HERE AT THE LAST HEARING, RIGHT? UM, OH, THAT'S CORRECT.
SHE, WE QUITE COULDN'T GET IT ALL DONE IN TIME.
SO THE CITY WOULD LIKE TO EXTEND COMPLIANCE TO 4 21.
JUST TO REFRESH, THE LADY WAS HERE.
SHE DIDN'T, SHE WANTED US TO IF IT WASN'T IN COMPLIANCE, SHE WANTS TO START EARLY.
ANY QUESTIONS MR. CHAIRMAN? YES, SIR.
I'D LIKE TO MAKE A MOTION IN CASE NUMBER CE 2025 DASH 0 5 1 4 THAT THE BOARD EXTENDS THE COMPLIANCE DATE TO 4 21 26.
SECOND WISH FOR THE BOARD SECOND BY MR. MOBA.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
A HEARING OPPOSED? HEARING NONE.
NEXT ITEM IS ITEM NUMBER 36, CASE NUMBER 2025 DASH 0 0 5 7 3.
INSPECTOR ANDRE, THIS IS NEW BUSINESS BEFORE THE BOARD.
WHAT CAN YOU TELL THE BOARD ABOUT THESE VIOLATIONS? UM, PROPERTY.
UM, OH, I DON'T HAVE THE A'S AND B'S.
WHICH ONE WAS A, UH, THIS PROPERTY HAS WAS FULL OF OPEN STORAGE, UM, JUNK VEHICLE AND A RECREATIONAL VEHICLE IN THE DRIVEWAY.
UM, THE RECREATIONAL VEHICLE HAVE BEEN MOVED SINCE YESTERDAY.
IT HAS BEEN MOVED, BUT ALL THE OTHER ITEMS ARE STILL THERE.
THERE'S ALSO A TRAILER ON THE OTHER SIDE OF THE HOUSE.
I HAVE ANOTHER FRAME OF THE TRAILER.
HOW DID YOU DETERMINE THAT THE VEHICLE WAS INOPERABLE? UH, IF YOU LOOK THE RIGHT FRONT TIRE, YOU LOOK CLOSELY.
THE RIGHT FRONT TIRE IS FLAT AND IT'S BEEN SITTING THERE FOR YEARS NOW.
AND THERE'S, THE TREE IS FULL OF JUNK AND DEBRIS.
THERE ALSO IS A ALLEGATION OF OVERGROWTH, PROHIBITED LANDSCAPE MAINTENANCE REQUIRED.
HOW DOES THIS PROPERTY MEET THAT, UM, THAT VIOLATION? I DON'T THINK I HAVE THAT PHOTO.
IF YOU, COULD YOU MOVE THAT PHOTO MARK? YEAH, IT, IT, YOU CAN SEE BEHIND THE TRUCK, BUT ON THE OTHER SIDE I HAD OTHER PHOTOS OF THE OTHER SIDE WHERE IT WAS OVERGROWN WITH A TRAILER THERE, WHICH I NEGLECTED TO PUT IN.
AND THEY'VE ONLY MOVED THAT ONE THING.
SO THEY COMPLIED WITH D? YEAH.
THIS, THIS PROPERTY OWNER, UM, HE, UM, HE HAD PASSED AWAY RIGHT AFTER HE WAS NOTIFIED.
BUT SOMEONE, SOMEONE DID SIGN THE GREEN CARD AND THEY DID DO SOMETHING.
THEY MOVED THE RV BEFORE THE, UM, BEFORE THE HEARING.
SO, BUT I HAVEN'T, I HAVEN'T MADE CONTACT WITH ANYONE AT THE PROPERTY.
WHAT'S THE NOTICE OF VIOLATION IN THE NOTICE OF HEARING DATE NOTICE A VIOLATION WAS SENT OUT ON 9 5 25.
AND NOTICE A HEARING SENT ON THREE ON 1 29 26 AND THE GREEN CARD WAS SIGNED ON.
AND WHAT'S THE RECOMMENDATION OF THE CITY? THE, THE CITY RECOMMENDS THAT PROPERTY BE FOUND IN VIOLATION AND GIVE UNTIL APRIL 21ST TO COMPLY.
[02:30:01]
ANY OTHER QUESTIONS MR. CHAIRMAN? YES, SIR.I'D LIKE TO MAKE A MOTION THAT AFTER RECEIVING NOTICE SIDE OF PROPERTY I RESPONDENT, SINCE CASE NUMBER CE 2025 DASH 0 5 7 3 BE FOUND IN VIOLATION OF CITY CODES.
CITED AND CITED PROPERTY AND ALL EXPENSE BE GIVEN UNTIL 4 21 20 26 COMPLY OR A FINE OF UP TO $250 PER DAY BE ACCESSORY STATED OF VIOLATIONS CONTINUED BEYOND SAID DATE.
MR. MOBA, ANY OTHER QUESTIONS? NO QUESTIONS.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
NEXT ITEM IS ITEMS NUMBER ITEM DOING THEM TOGETHER, RIGHT? YEP.
CASE NUMBER 2023 DASH 0 0 3 7 6.
AND CASE NUMBER 2023 DASH 0 0 3 7 7.
THE, UH, THESE ARE UNFINISHED BUSINESSES, UH, OFFICIAL HERALD.
UM, WHAT CAN YOU TELL THE BOARD ABOUT THESE CASES? SO, UH, IT LOOKS LIKE THE STARS ARE STARTING A LINE FOR THIS.
THESE TWO PROPERTIES, UH, THE ENGINEERING DEPARTMENT RECEIVED, UH, UH, SOME ADDITIONAL DOCUMENTS THAT THEY NEEDED.
THE PROPERTY APPRAISERS IS WORKING ON, UH, ENSURING THE LOTS BECOME ALL ONE LOT.
AND SO THE CITY IS RECOMMENDING TO EXTEND THE STAY TO JULY 8TH.
UH, REASON FOR THAT LENGTH OF TIME IS ENGINEERING NEEDS TO REVIEW ALL THEIR DEVELOPMENT DOCUMENTS.
I'D LIKE TO MAKE A MOTION IN CASE NUMBER CE 2023 DASH 0 0 3 76 AND CASE NUMBER CE 2023 DASH 0 0 3 77.
THAT THIS BOARD EXTENDS EACH ONE, UH, TILL JULY THE EIGHTH, 2026.
MOTION FOR THE BOARD SECOND BY MR. MOSEN.
HOW DOES THE BOARD VOTE? ALL THOSE IN FAVOR SAY YAY.
MAKE A MOTION TO ADJOURN THEN.