5.5 ELIZABETH BELLER, 1815 HIGHLAND STREET, CASE 2023-0358: Violation(s) of the City of Fernandina Beach Code of Ordinances exist: Section 42-173 Wrecked or inoperable motor vehicle on private property declared a nuisance and prohibited. Requesting Board determination of the case.

[5.5 ELIZABETH BELLER, 1815 HIGHLAND STREET, CASE 2023-0358: Violation(s) of the City of Fernandina Beach Code of Ordinances exist: Section 42-173 Wrecked or inoperable motor vehicle on private property declared a nuisance and prohibited. Requesting Board determination of the case.]

IT'S A VERY BOTTOM ONE.

OKAY. THANK YOU.

I UNDERSTAND THERE'S SOME OLD BUSINESS.

[4. OLD BUSINESS]

1725 LISA AVENUE.

YEAH. WE'RE ALSO WE'RE GOING TO ADD 1725, LIKE YOU SAID, LISA AVENUE.

THEY'RE COMING BACK FOR AN UPDATE.

OKAY. WILL WE DO THAT AFTER THE OTHER ONES? WELL, CONSIDERING WE DON'T HAVE A LOT OF PEOPLE HERE, WHY DON'T WE DO IT FIRST? WHAT DO YOU THINK WE CAN DO IT FIRST.

WE CAN DO IT AT ANY TIME. YEAH.

GETTING IT OUT OF THE WAY SO THEY DON'T HAVE TO STAY FOR THE DURATION.

GREAT. ALL RIGHT LET'S MOVE THAT UP TO THE TOP.

OKAY. IF THAT'S OKAY.

BOARD ATTORNEY, WOULD YOU DESCRIBE THE QUASI-JUDICIAL PROCEEDINGS, PLEASE? SURE. WE HAVE FOUR CASES ON THE AGENDA TONIGHT.

AS MR. WELLS SAID, 5.5 IS IN COMPLIANCE.

SO, WE WON'T HEAR THAT EACH OF THESE FOUR CASES WILL BE HEARD IN QUASI-JUDICIAL HEARINGS.

AND WHAT THAT MEANS IS, FIRST, MR. WELLS WILL PRESENT A STAFF REPORT AND EVIDENCE INTO THE RECORD, AND THEN THE RESPONDENT PROPERTY OWNER WILL COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS AND YOU'LL ALSO BE ABLE TO SPEAK.

YOU CAN CALL ANY WITNESSES THAT YOU WISH.

IF YOU HAVE WITNESSES, YOU CAN ALSO AS THE RESPONDENT PROPERTY OWNER, YOU CAN ASK QUESTIONS OF CITY STAFF.

YOU CAN CROSS EXAMINE ANY WITNESSES THAT STAFF MAY HAVE.

I DON'T THINK WE HAVE THAT TONIGHT.

BUT YOU'RE RIGHT, AS THE RESPONDENT PROPERTY OWNER IS THE SAME AS THE CITY STAFF.

AND THEN IF THERE ARE ANY AFFECTED PARTIES HERE TONIGHT, WHICH MEANS YOU'RE A RESIDENT OF THE CITY, THEN YOU GET TO IDENTIFY, COME UP AND IDENTIFY YOURSELF AS AN AFFECTED PARTY IF YOU WISH TO SPEAK AND PRESENT EVIDENCE IN A CASE BEFORE, WE HEAR ANY EVIDENCE.

THE CHAIR, THE CHAIR IS GOING TO ASK FOR THE RECORDING SECRETARY TO ADMINISTER THE OATH.

ANYBODY THAT WISHES TO SPEAK IN ANY OF THE FOUR CASES TONIGHT NEEDS TO STAND UP AND TAKE AN OATH.

FOR YOUR UPDATE. YOU DON'T NEED TO DO THAT.

IT'S ONLY IF YOU HAD A CASE ON THE AGENDA.

SO ANYBODY HERE, MR. RICHARDSON, WHEN THEY SAY STAND UP, IF YOU WISH TO SPEAK, YOU'RE GOING TO TAKE AN OATH THAT YOU'RE GOING TO TELL THE TRUTH, AND SHE'LL START THAT AND JUST SHE'LL START IT IN JUST A MINUTE. NOT YET. MIKE.

OKAY. YOU'RE ANXIOUS TO START.

YEAH. GIVE US A MINUTE.

OKAY. YEAH. AND SO, AFTER THE EVIDENCE AND TESTIMONY, THE CHAIR CLOSES THE HEARING, AND THE BOARD DELIBERATES.

IF YOU HAVE QUESTIONS, YOU SHOULD ASK THEM WHEN THE EVIDENCE IS COMING IN FROM THE PARTIES.

BUT IF YOU HAVE QUESTIONS THAT YOU THINK OF DURING YOUR DELIBERATIONS, YOU CAN ASK THE PARTIES.

OKAY. THANK YOU. IF THERE IS ANY OF THE DECISIONS, ANY OF THE FOUR DECISIONS TONIGHT MADE BY THIS BOARD THAT ANYBODY AFFECTED WISHES TO APPEAL. YOU FILE THAT APPEAL WITHIN 30 DAYS OF THE BOARD'S DECISION TO THE CIRCUIT COURT.

THAT'S ALL I HAVE FOR IT.

GREAT. THANK YOU, THANK YOU.

HAVE ANY OF THE BOARD MEMBERS HAD ANY EX PARTE COMMUNICATIONS RELATING TO ANY CASES ON THE AGENDA? NO. NO. NONE.

NONE. OKAY.

WOULD BOARD SECRETARY SWEAR IN ANY WITNESSES WHO WILL BE TESTIFYING? NOW, YOU CAN RAISE YOUR HAND AND TAKE AN OATH THAT YOU'RE GOING TO TELL THE TRUTH.

ANYBODY THAT WISHES TO SPEAK IN THE CASES.

YEAH, YOU'RE GOING TO LISTEN.

[00:05:01]

MR. DOUGLAS, ARE YOU GUYS GOING TO BE THERE? JUST UPDATING. THEY'RE FINE.

OKAY. ALL RIGHT, MR. RICHARDSON, RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY AND OR EVIDENCE YOU ARE ABOUT TO GIVE AND OR PRESENT IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, YES.

THANK YOU SO MUCH. YOU MAY BE SEATED.

FOR THOSE WHO. YES, HE DID.

FIRST OF ALL, THANK YOU.

FOR THOSE WHO HAVE NOT BEEN TO A CODE ENFORCEMENT AND APPEAL BOARD'S HEARING OR ARE NOT FAMILIAR WITH THE ORDER OF THE PROCEEDINGS, THE CITY WILL FIRST PRESENT ITS CASE, AND THEN THE ALLEGED WILL BE GIVEN AN OPPORTUNITY TO PRESENT ITS CASE TO THE BOARD.

THE FIRST CASE IS 1725 LISA AVENUE.

MR. DOUGLAS, IF YOU'LL COME UP TO THE PODIUM AND GIVE US AN UPDATE AS THE BOARD REQUESTED.

MY NAME IS NEIL DOUGLAS, 1725 LISA AVENUE.

IS THE MIC ON? IT'S ON.

OKAY. AT THE LAST MEETING WE WERE WE ATTENDED WAS IN JULY OF 2023, AND WE WERE GIVEN SIX MONTHS TO TILL FEBRUARY 3RD TO FINISH THE FRONT DECK OF OUR HOUSE.

AND WE HAVE FINISHED THE FRONT DECK OF OUR HOUSE.

ALL THE REPAIRS IN THE BACK.

HAVE THEY BEEN COMPLETED? THE BACK DECK AT THE AT THE MEETING IN JULY, YOU HAD SAID THAT YOU AND I WALKED AROUND BACK BEFORE THE MEETING IN JULY, AND YOU HAD TOLD THE BOARD THAT EVERYTHING OUT BACK WAS.

YEAH, I'VE GOT A BEAUTIFUL I'VE GOT OLD PERSON'S DISEASE.

MY MEMORY'S NOT AS GOOD, I THINK.

NOT AS GOOD AS IT ONCE WAS.

I COULDN'T REMEMBER IF WE DID OR DID NOT.

I FIGURED THAT'S I KNEW IT WAS SIX MONTHS AGO, SO I NEEDED TO BE DONE.

BUT THAT'S GOOD.

IF THAT. IF THAT'S WHAT'S LEFT IN COMPLIANCE AND YOU'RE IN COMPLIANCE, THEN BECAUSE IT'S COMPLETE.

HAS IT BEEN INSPECTED? NOT YET. WE HAVEN'T HAD TIME FOR INSPECTION.

OKAY. WELL, WE WON'T CLOSE IT UNTIL YOU GET THAT INSPECTED AND PASSED, BUT IT'LL PASS.

LOOKS GOOD. DID A GOOD JOB WITH IT.

THANK YOU, THANK YOU, THANK YOU.

DOES MR. DOUGLAS NEED TO RETURN WHEN IT'S BEEN INSTALLED? NO, I DON'T THINK SO.

AS LONG AS HE GETS A PASS FROM THE BUILDING DEPARTMENT THAT IT'S GOOD TO GO.

IT'S GOOD. IT'S GOOD WITH ME AND YOU KEEP TRACK OF THAT.

DO YOU KEEP TRACK OF THAT OR.

YEAH, WE'LL KEEP QUIET.

OKAY. KEEP IN TOUCH WITH HIM AND THEN WE'LL SEND HIM A COMPLIANCE LETTER.

THAT'S SUPER. THANK YOU, SO MUCH AND GOOD JOB.

THANK YOU. WE APPRECIATE THAT.

THE SECOND CASE IS JASON LUKE 310 NORTH 15TH STREET.

[5.1 JASON LUKE, 310 NORTH 15TH STREET, CASE 2024-0019: Violation(s) of the City of Fernandina Beach Code of Ordinances exist: Section 42-173, wrecked or inoperable motor vehicles on private property declared a nuisance and prohibited. Requesting Board determination of the case.]

CASE 20240019.

MR. GEORGE, WOULD YOU LIKE TO PRESENT.

YEAH. AT THIS TIME, I WOULD LIKE TO SUBMIT OUR EVIDENCE INTO PUBLIC RECORD FOR THIS PROPERTY.

WE CAN GET IT TO COME ON HERE.

MR. DOUGLAS, IF YOU DON'T WISH TO STAY, YOU DON'T NEED TO.

YOU DON'T HAVE TO STAY, MR. DOUGLAS.

YOU CAN LEAVE.

MR. DOUGLAS, OR YOU CAN STAY.

THIS ISN'T YOUR CASE, MR. DOUGLAS. THIS IS A WHOLE NOTHER.

WE'RE INTO OUR NEW CASES, OKAY? TRUCK. STYLE.

LOOKS LIKE YOUR GARAGE A LITTLE BIT.

310 NORTH 15TH STREET.

ON JANUARY 29TH, 2024.

I DID AN OBSERVED VIOLATION.

I OBSERVED THIS BLUE TRUCK PARKED IN THE DRIVEWAY.

IT DOES HAVE AN EXPIRED TAG ON IT.

I RECORDED A PHOTOGRAPH OF THE TAG AND ALSO OF THE VIOLATION.

THE NEXT DAY, SINCE THIS IS NOT A REPEAT VIOLATOR, BUT THIS PARTICULAR PROPERTY A MONTH OR TWO BEFORE HAD THE SAME VIOLATION WITH A DIFFERENT TRUCK.

AND SO, I SHORTENED THE TIME SPAN FOR COMPLIANCE BECAUSE IT LOOKS LIKE IT MIGHT BE A PATTERN THAT MIGHT BE DEVELOPING.

SO, I IMMEDIATELY SENT A NOTICE OF VIOLATION NOTICE OF HEARING LETTER TO THE OWNER.

THE LETTER CAME BACK. RETURNED.

IT WAS UNCLAIMED.

SO I ENDED UP HAVING TO POST THE PROPERTY.

SO WE POST IT AND I TOOK PICTURES AND WE FILLED OUT THE NOTARIZED AFFIDAVIT OF SERVICE FORM.

BASICALLY, THE OWNER HAS NOT CONTACTED US IN ANY WAY.

[00:10:07]

THE OWNER OR THE RESPONDENT HAS HAD 38 DAYS TO BRING THIS INTO COMPLIANCE.

HE HAS NOT DONE ANYTHING WITH IT.

I WOULD ASK THAT WE GO DIRECTLY TO THE RECOMMENDATION TO FIND THE RESPONDENT IN VIOLATION OF CODE OF ORDINANCES, SECTION 42-173, GIVEN THE OWNER TEN ADDITIONAL DAYS TO COME INTO COMPLIANCE BY MARCH 17TH OF 2024.

THE CITY RECOMMENDS A MOTION TO BE MADE AT ALL ADMINISTRATION FEES BE PAID BY THE RESPONDENT, AND A FINE OF $50 PER DAY TO BEGIN ON MARCH 18TH, 2024, IF NOT IN COMPLIANCE WITH THE LIEN PLACED ON THE PROPERTY IN 45 DAYS.

YOU HAD MENTIONED THERE WAS A PREVIOUS VIOLATION? YEAH, IT WAS ABOUT TWO MONTHS AGO.

IT WAS ANOTHER TRUCK. IT WAS A BLACK TRUCK.

AND HE WAITED ON THIS ONE, HE TOOK CARE OF IT BEFORE THE BOARD HEARING, BUT IT WASN'T FAR BEFORE THE BOARD HEARING.

AND LIKE I SAID, THIS IS ANOTHER VEHICLE THAT'S IN THE SAME SPOT.

OF COURSE, THE FIRST VEHICLE DIDN'T HAVE A TAG.

THIS ONE HERE HAS AN EXPIRED TAG.

BUT ANYWAY.

AND THERE'S BEEN ZERO COMMUNICATION FROM THE OWNER.

HE HAS NOT CONTACTED ME.

I'VE BEEN BOTHERED NUMEROUS TIMES.

HE HAS NOT CALLED OUR OFFICE IN ANY MANNER OTHER THAN THE CERTIFIED LETTERS IN THE POSTING OF THE NOTICE OF VIOLATION NOTICE OF HEARING LETTER.

SO, THE CITY RESTS, AS FOR YOUR RECOMMENDATION.

SO, IT'S ABOUT FIVE WEEKS SINCE YOU STARTED, RIGHT? FIVE WEEKS. ANY COMMENTS FROM THE BOARD? ANY RECOMMENDATIONS FROM THE BOARD? HAVE YOU NOTICED AS THIS CAR MOVED IN THE TIME THAT YOU'VE BEEN? NO, IT'S NOT MOVED. NOT AN INCH.

AND THE CERTIFIED LETTER WAS RETURNED TO YOU.

THE FIRST LETTER THAT WAS SENT VIA THE MAIL WAS RETURNED UNCLAIMED.

SO, THEN WE IMMEDIATELY POSTED IT ON THE FRONT DOOR.

IS THE HOUSE VACANT? I DON'T THINK SO BECAUSE THE SIDE GATE IS OPEN AND HE'S GOT A TRAILER ON THE SIDE THAT HE USES, BUT HE DOESN'T USE IT WITH THIS VEHICLE THAT I KNOW OF BECAUSE I NEVER SEE THAT VEHICLE MOVE AND I'M ALWAYS OVER IN THAT AREA.

GEORGE, HAVE YOU TALKED TO THE POLICE ABOUT JUST RUNNING A TAG? IS THAT THE TAG FOR THAT TRUCK? I MEAN, MAYBE THAT'S.

MAYBE THE POLICE COULD RUN A TAG CHECK ON THAT VEHICLE.

YEAH. I'M NOT. I'M NOT TOO SURE HOW THAT WOULD WORK.

I MEAN, I KNOW IT SOUNDS SIMPLE, BUT AS FAR AS GETTING IT DONE, I'M NOT.

I'M NOT SURE HOW MY DIRECTOR WOULD WANT TO DEAL WITH THAT SITUATION.

THAT'D BE SOMETHING THAT WOULD BE UP TO HER IF SHE WANTED TO TALK WITH THE CHIEF.

ABOUT THAT. YOU KNOW, WE RUN INTO THAT PROBLEM SOMETIMES THAT PEOPLE TRY TO OUTSMART THE SYSTEM.

THEY'LL GET A TAG OFF ANOTHER VEHICLE AND PUT IT ON THE VEHICLE.

THAT'S IN VIOLATION.

HE'S GOT A GARAGE. I DON'T KNOW WHAT'S IN THE GARAGE.

IF YOU PUT IT IN THE GARAGE, OR HE CAN HAVE IT REMOVED AND, YOU KNOW, HE'D BE.

OR HE JUST PUT A TAG ON IT.

WHAT IF HE JUST TURNED THE VEHICLE AROUND? WELL, SEE, THAT'S WHAT HAPPENED.

SEE, THAT'S WHAT HAPPENS WITH A LOT OF THESE CASES.

AND IF THEY FLIP IT AROUND, YOU KNOW, SINCE WE'VE ALREADY SEEN THE EXPIRED TAG, YOU KNOW, I'M GOING TO ASK THAT THEY SHOW US THAT REGISTRATION IN THAT CURRENT TAG BEFORE I'M GOING TO PASS IT. SO.

IS THIS VEHICLE HINDERING WALKING AT ALL OR ANYTHING? NO, NO, IT'S ON PRIVATE PROPERTY LIKE IT SHOULD BE.

BUT THE ORDINANCE THAT WE'RE CITING IS ON PRIVATE PROPERTY THAT 42 173.

ARE THERE ANY FURTHER NOTIFICATIONS THAT YOU WOULD DO, GEORGE.

OTHER THAN WHAT'S BEEN DONE OR.

NO, NOT NORMALLY.

I MEAN WE DO TRY TO MAKE WE DO TRY TO REACH OUT AND CONTACT SOMEBODY ON EVERY CASE THAT WE CAN ON HERE.

IN THIS CASE, WE JUST DIDN'T HAVE ANY CONTACT NUMBERS OR ANYTHING THAT WE COULD USE ON THIS PARTICULAR CASE.

LIKE I SAID, I'VE BEEN BY THERE MULTIPLE TIMES TRYING TO GET SOMEBODY HOME.

AND THERE'S I DON'T KNOW IF HE WORKS DURING THE DAY OR WHATEVER, BUT THERE'S NOBODY EVER SEEMS TO BE THERE.

WHAT WAS THE SIDE GATES ALWAYS.

[00:15:05]

SORRY. WHAT WAS THE DATE ON THE REGISTRATION? ONE 23RD JANUARY OF THE YEAR.

PLUS, ONE OF THE EXPIRED.

JANUARY OF LAST YEAR.

AND THIS PICTURE WAS TAKEN THIS MORNING.

ON THE PROPERTY APPRAISER IT SHOWS ALL THE ADDRESSES OR THAT ADDRESS.

SO. ANY RECOMMENDATIONS FOR HOW WAS THIS BROUGHT TO YOUR ATTENTION? JUST BY YOUR EYESIGHT? IT WAS YES.

OBSERVED BY NEIGHBOR.

NO ONE SAID ANYTHING.

NO, NO, IT WASN'T COMPLAINT DRIVEN.

I WAS DRIVING BY, AND I NOTICED THE TAG WAS EXPIRED.

AND LIKE I SAID, SINCE IT WAS A SECOND VIOLATION IN SUCH A CLOSE PROXIMITY, THAT'S WHERE I DECIDED TO GO DIRECTLY TO A NOTICE OF VIOLATION LETTER.

BECAUSE A LOT OF THESE IN SOME INDIVIDUALS, THEY LIKE TO KIND OF MANIPULATE THE SYSTEM.

I THINK WE HAVE A VERY SLIPPERY SLOPE HERE.

WE'RE LOOKING AT SOMETHING THAT COULD BE LEGALLY WRONG, BUT THE POLICE DEPARTMENT AND A LICENSE, THEY'RE LOOKING AT SOMETHING THAT IS IN PLAIN SIGHT. SO, I DON'T REALLY KNOW.

TAMMY, WHAT ARE THE BOUNDARIES FOR THIS? WELL, THE CODE IS I THINK I DON'T WANT TO SAY IT'S CLEAR BECAUSE THERE CAN BE INTERPRETATIONS, BUT THE CODE SAYS THAT IF YOU HAVE A VEHICLE ON YOUR PROPERTY AND WE DEFINE WHAT INOPERABLE IS, WHICH INCLUDES NOT HAVING A PROPERLY REGISTERED VEHICLE, I WOULD SAY THAT IT WOULD BE INTERESTING TO FIND OUT, RIGHT, WHAT'S BEHIND THIS, BUT I DON'T THINK IT'S REALLY GERMANE TO WHAT WE'RE DOING.

THEY HAVE THIS VEHICLE ON THEIR PROPERTY.

WE KNOW THAT, YOU KNOW, OUR CODE OFFICERS GO OUT MULTIPLE TIMES BEFORE THEY ISSUE ANY NOTICE OF VIOLATIONS.

SO, OFFICER WELLS HAS BEEN OUT THERE NUMEROUS TIMES.

IT'S THERE. IT DOESN'T HAVE A VALID REGISTRATION.

AND SO IT'S CONSIDERED INOPERABLE UNDER OUR CODE.

ANY MOTION FROM THE BOARD I'D LIKE TO MOVE THAT.

WE GO AHEAD WITH THE RECOMMENDATIONS FROM THE CODE ENFORCEMENT OFFICER.

I MEAN, HE'S GOT NO RESPONSE.

IT'S BEEN COMPLETELY RECALCITRANT.

AND MAYBE THIS IS BROUGHT IT UP TO THE ATTENTION OF THE OWNER.

GEORGE, WHAT WAS YOUR RECOMMENDATION AGAIN? THE RECOMMENDATION WAS.

VIOLATION 42 173.

GIVEN THE OWNER TEN ADDITIONAL DAYS TO COME INTO COMPLIANCE BY MARCH 17TH, 2024, RECOMMENDED MOTION TO BE MADE THAT ADMINISTRATION FEES BE PAID BY THE RESPONDENT AND A FINE OF $50 PER DAY TO BEGIN ON MARCH 18TH, 2024, AND A LEAN TO BE PLACED ON THE PROPERTY IN 45 DAYS.

WHAT ARE THE ADMINISTRATIVE FEES? THE ADMINISTRATIVE FEES ARE $244.86.

SO THAT WAS A MOTION.

WERE YOU MAKING A MOTION? YES.

SO, THERE'S A MOTION ON THE FLOOR.

MOTION ON THE FLOOR. I'LL SECOND THAT.

NO. OKAY.

NOW YOU ALL CAN HAVE DISCUSSION, DEBATE OVER THE NEED TO HAVE A MOTION TO.

BECAUSE WHAT HAPPENS IF HE'S AWAY BECAUSE OF HEALTH ISSUES OR SOMETHING? AND THEN WE'RE PUTTING A LIEN ON HIS PROPERTY IN 45 DAYS, AND THOSE ARE IMPOSSIBLE.

I AGREE HE'S IN VIOLATION, BUT THE SEVERITY OF THIS IS WAY TOO STEEP.

YEAH, WELL, IF WE WANT TO GET HIS ATTENTION, BUT WE DON'T KNOW WHERE HE IS.

OFFICER GEORGE, COULD YOU SEE IF YOU COULD RUN A DMV SEARCH, SEE IF THAT'S POSSIBLE? I'LL HAVE TO PASS THAT THROUGH MY DIRECTOR AND SEE IF THAT'S WHAT IS THAT? ARE WE WITHIN THE CITY? CANNOT THIS I MEAN, THE CODE OFFICERS, THE POLICE MIGHT BE ABLE TO DO IT, YOU KNOW, BUT THAT'S REALLY THEIR DISCRETION, RIGHT? I DON'T KNOW ALL THE RULES.

YEAH, YEAH. COULD WE ASK THAT THE POLICE DO A SEARCH ON IT JUST BECAUSE THEY'RE.

IF HE HASN'T RESPONDED TO ANYTHING IN ALL THIS TIME, THERE MUST BE SOMETHING ELSE GOING ON.

SO, I WOULD PURSUE THAT IF POSSIBLE.

AND I TRY NOT TO READ INTO ANYTHING LIKE THIS, BUT IT COULD BE THAT HE'S BUYING THESE VEHICLES AND TRYING TO RESELL THEM WITHOUT, YOU KNOW, REGISTERING THEM. I MEAN, I'M NOT TRYING TO GUESS OR ANY WAY, BUT I'M JUST IMAGINING A SCENARIO WHERE IT COULD BE THAT WAY SINCE IT'S THE SECOND VEHICLE.

THIS IS A NICE RESIDENTIAL HOME, THOUGH.

HE DOESN'T. IT'S A NICE HOME.

AND THAT'S A NICE VEHICLE.

YEAH, IT IS. YEAH.

SO, I JUST DON'T WANT TO PUT A LIEN ON 45 DAYS.

WELL, IF WE GO BY PAST HISTORY, THE BOARD, WE'VE ALWAYS HAD THE OPPORTUNITY TO WAIVE THE ADMINISTRATION FEES AND FINES.

IF SOMEBODY COMES BEFORE US WITH A HARD EXPLANATION, YOU KNOW, IF THERE IS A HEALTH ISSUE AND SUCH LIKE THAT.

[00:20:04]

BUT I THINK IF YOU DON'T PUT SOMEBODY'S FEET IN THE FIRE, HE'S NEVER GOING TO GET WARM.

AND I AGREE, THE ONLY THING IS SOMETIMES OUR NEXT MEETING IS CANCELED, AND THAT WOULD BE PAST THE 45 DAYS THAT WE COME BACK.

SO THAT'S A CONCERN.

WELL, THEN THAT'S ON US. AND I THINK THAT WOULD BE GROUNDS FOR US TO FORGIVE EITHER A PORTION OR ALL THE FEES THAT WOULD BE INCURRED AT THAT POINT.

MISS TAMMY, WHAT DO YOU THINK? ME? YEAH, WELL, THE 45 DAYS OF FALLS.

OKAY, SO THE NEXT MEETING, IT'S SCHEDULED.

WHAT IF IT'S CANCELED? THESE 45 DAYS WILL FALL WITHIN OUR NEXT MEETING.

WOULD IT AUTOMATICALLY ENGAGE? YEAH. NO.

WHAT? HOW CAN YOU REQUEST IT OUT LONGER? YOU CAN, YOU CAN DIRECT US NOT TO NOT TO FILE A LIEN FOR UNTIL WE COME BACK TO REPORT WHAT THE STATUS IS.

YOU CAN ADD THAT TO YOUR MOTION.

NO PROBLEM. CAN WE ADD THAT TO THE MOTION.

WOULD THAT BE POSSIBLE? YEP.

OKAY. SO, THE MOTION IS TO ACCEPT THE RECOMMENDATION.

THEY HAVE TEN ADDITIONAL DAYS.

AS I HEAR IT YOU'RE FINDING THEM IN VIOLATION WITH AN ADDITIONAL TEN DAYS TO COME INTO COMPLIANCE.

IF NOT IN COMPLIANCE BY MARCH 17TH, THEN THEY WILL HAVE FINES OF $50 A DAY STARTING ON MARCH 18TH, AND ADMINISTRATIVE FEES AND THE AMOUNT OF $244.

WHAT OFFICER WELLS SAID.

AND THEN IF THAT HAPPENS AND THOSE FINES START RUNNING, THERE'S NO LIEN ON THE PROPERTY AUTOMATICALLY AT ALL THAT HAS TO BE FILED.

YOU CAN SAY NO LIEN UNTIL WE COME BACK, AND WE SEE WHAT THE STATUS IS.

THAT'S WHAT I WOULD LIKE TO ADD TO IT.

AND THEN WE KNOW. BUT I DON'T THINK THE I THINK $50 IS TOO STEEP.

WHAT WOULD YOU RECOMMEND? 25. OKAY.

BUT THE FEES CAN BE WAIVED AT ANY POINT, RIGHT? OH, YEAH. OH YEAH.

I MEAN, THE CITY THEY CAN APPLY TO THE CITY COMMISSION TO REDUCE THEIR FINES.

ELIMINATE THEM. WE HAVE THE ABILITY TO ELIMINATE THEM.

YEAH. I DON'T DISAGREE ON REDUCING THE FINES.

I'M JUST SAYING THE MORE HEAT WE GOT, THE MORE ACTION.

YES. OKAY. RIGHT.

DO THEY NEED TO MAKE A MOTION FOR THAT.

SO, IS THAT AN AMENDED MOTION OR IS THAT MORE DISCUSSION ON THE $50 A DAY? I THINK WE'RE DISCUSSING AT THIS POINT.

OKAY. SO, WHAT I HAVE TO AMEND MY MOTION.

IF YOU WANT TO GO TO THE 25, YOU JUST SAY, I WANT TO AMEND IT FURTHER TO MAKE IT 25.

WELL, I WAS GOING TO AMEND IT TO, YOU KNOW HOLDING OFF THE ON THE LIEN, ON THE LIEN UNTIL WE MEET AND.

RIGHT. BUT YOU'RE STILL AT $50 A DAY, RIGHT? RIGHT. I THINK THE ACTIONS HAPPEN AT HIGHER TEMPERATURES.

GO UP. SO, THERE'S MY FAVOR OF THE 25 AS WELL.

I'M IN FAVOR OF THE 25 TWO.

OKAY. SO CAN WE FILE AN AMENDED MOTION THAT WE GO WITH WHAT OFFICER GEORGE RECOMMENDS.

NO. AND PUT TO PUT A NEW MOTION.

SECOND MOTION. OKAY.

ALL RIGHT. SECRETARY, WOULD YOU CALL.

THAT'S PROBABLY THE CLEANEST.

OKAY. WOULD YOU CALL THE VOTE.

THIS IS $50 A DAY STARTING MARCH 18TH.

NO LEAVE, NO LEAN YET UNTIL I COME BACK.

CORRECT. IT'S A $50 A DAY WITH NO UNTIL.

THAT'S THE MOTION ON THE FLOOR.

YEP. $50 A DAY STARTING MARCH 18TH.

ADMINISTRATIVE FEES AND NO LIEN FILED UNTIL THE ATTORNEY COMES BACK AND ASKS.

AND THAT IS A MOTION MADE BY YOU, SECONDED BY MR. THOMSON. ALL RIGHT.

SO, THEN WE'LL PUT A SECOND ONE.

RIGHT. MODIFIED ONE.

ALL RIGHT. REMEMBER FOTIADES.

YES. NEVER.

THOMPSON. WAIT A MINUTE.

WHAT ARE WE? WHAT ARE WE DOING? WELL. THE MOTION. I THOUGHT YOU WANTED.

NO, THIS IS THE MOTION.

CAN RESCIND THAT. WE CAN CHANGE IT LATER.

WELL, WE'RE GOING RIGHT. WE'RE GOING TO.

WE'RE GOING TO TELL YOU WHAT THE MOTION IS ON THE FLOOR.

NOW, KEEP IN MIND THAT IF FINES ARE ASSESSED, WHETHER IT'S ONE DAY, TWO DAYS, 200 DAYS, SOMEBODY CAN GO WITH A HARD HAVE.

AND WE KNOW THAT THE CITY COMMISSION HAS LISTENED.

AND YEAH, IT'S I'M JUST SAYING THAT THAT IS THE PROCESS.

OKAY. BUT IT'S NOT BACK BEFORE US AFTER THIS.

NO. WELL OTHER THAN TO FILE A LIEN, IF THAT'S WHAT.

SO, WE WANT TO RESCIND THE FIRST MOTION, I THINK.

START A NEW ONE. IS THAT WHAT WE'RE DOING? NO. WE WERE VOTING ON THE ONE THAT MR. POSTMA. I WAS GOING TO SAY I MISS THAT, POSTMA.

THANK YOU. MR. POSTMA MADE AND REVEREND THOMPSON SECONDED.

AND UP OR DOWN? OKAY, SO THAT'S $25.

FINE. NO, THIS IS 50, 50, $50 A DAY STARTING MARCH 18TH.

SO, A MOTION TO FIND IN VIOLATION OF 40 2-1 73, TEN DAYS TO COME INTO COMPLIANCE BY MARCH 17TH.

ALL ADMIN FEES TO BE PAID BY THE RESPONDENT.

A FINE OF $50 PER DAY TO BEGIN ON MARCH 18TH, IF NOT COMPLIANCE.

HOLD OFF ON FILING A LIEN UNTIL THE NEXT MEETING, THAT'S WHAT.

[00:25:04]

OKAY. ALL RIGHT.

AND IT TAKES FOUR VOTES TO PASS.

OKAY. THAT MOTION FAILS.

SO NOW, CAN I MAKE THE MOTION? NO. CHAIRING THE MEETING.

YOU CAN SUGGEST TO THE OTHERS WHAT IT SHOULD BE AMENDING THE PRIOR MOTION.

JUST MAKE YOUR OWN NEW ONE.

WE ALREADY VOTED THAT DOWN. IT'S GONE.

FIND A VIOLATION, ASSESS FEES, AND PROPOSE A FINE OF $25 A DAY, IF NOT IN COMPLIANCE, IN ACCORDANCE TO THE RECOMMENDATION. LEAN ON HOLD UNTIL THE CITY ATTORNEY COMES BACK WITH THE REPORT SECOND.

NOW, THIS MOTION IS THE $25 A DAY STARTING MARCH 18TH.

ADMINISTRATIVE FEES AND THE AMOUNT OF $244 AND FILED UNTIL I COME BACK AND ASK FOR PERMISSION.

OKAY. ALL RIGHT.

GOOD JOB, GOOD JOB.

OKAY. OUR SECOND CASE IS MICHAEL RICHARDSON.

[5.2 MICHAEL RICHARDSON, 516 ASH STREET, CASE 2023-0369: Violation(s) of the City of Fernandina Beach Code of Ordinances exist: Section 42-173, Wrecked or inoperable motor vehicles on private property declared a nuisance and prohibited. Requesting Board determination of the case.]

516 ASH STREET CASE 2020 3-0369 VIOLATION OF THE CITY OF FERNANDINA BEACH CODE OF ORDINANCES, SECTION 42-173 RECTOR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY DECLARED A NUISANCE AND PROHIBITED.

OFFICER GEORGE. ALL RIGHT.

AT THIS TIME, I'D LIKE TO INTRODUCE ALL OF OUR EVIDENCE FOR THIS PROPERTY IN THE RECORD.

THIS CASE STARTED BACK IN DECEMBER 13TH OF 2023.

LET'S BRING UP SOME PICTURES HERE.

MR. RICHARDSON PROPERTY.

MR. RICHARDSON IS QUITE THE CAR COLLECTOR.

HE'S ACQUIRED. I MEAN, THIS IS ELM STREET.

I THOUGHT HE WAS ON. BUT YOU SAID ASH.

WELL, HE RESIDES AT ASH, BUT HE HAS A HOME HE OWNS, I SEE ON ELM STREET.

OKAY. THANK YOU. MR. RICHARDSON, HOW OLD IS THAT VEHICLE? IT'S 1953.

OKAY. ALL RIGHT.

IF YOU COME ON TO MY PROPERTY.

ONLY WITH YOU.

ONLY WITH YOU AND YOUR PERMISSION.

ALL RIGHT, SO WE OPENED THIS CASE DECEMBER 13TH, 2023.

IT WAS AN OBSERVED VIOLATION.

THERE WAS. NO, IT WASN'T COMPLAINT DRIVEN.

I NOTICED THIS VEHICLE WAS ACTUALLY PARKED IN FRONT OF THE HOUSE WHEN OF INITIALLY WROTE UP THE COURTESY NOTICE FOR THE RESPONDENT. THERE'S ALSO A FORD MUSTANG PARKED IN THE DRIVEWAY THAT DOESN'T HAVE A CURRENT TAG ON IT AND HAS FLAT TIRES, AND THAT'S HE HAS PUT A COVER OVER THIS ONE, BUT YOU CAN STILL SEE THE TIRES ARE FLAT.

SO, LIKE I SAID, DECEMBER 13TH, 2023, WE OPENED THE CASE.

I GAVE A VERBAL WARNING TO THE TENANT THAT WAS PRESENT THAT THE OWNER HAD TEN DAYS TO CORRECT THE VIOLATION.

I LEFT A HARD COPY OF THE NOTICE OF VISIT TO BE GIVEN TO THE OWNER.

THE FORD MUSTANG WAS PARKED ON THE FRONT DRIVEWAY WITH FLAT TIRES AND NO CURRENT TAG DISPLAYED, AND THEN THE INOPERABLE COLLECTOR VEHICLE WAS PARKED IN THE FRONT YARD IN THE BEGINNING WITHOUT A CURRENT TAG DISPLAYED.

IT'S SINCE BEEN MOVED TO THE SIDE YARD, WHICH YOU SEE THERE.

WE RECORDED PHOTOGRAPHS OF THE NOTICE OF VISIT AND THE INOPERABLE VEHICLES.

JANUARY 2ND.

I CONDUCTED A SECOND INSPECTION.

VIOLATIONS WERE STILL PRESENT.

TWO VEHICLES WERE STILL INOPERABLE.

JANUARY 4TH, WE MAILED A CERTIFIED NOTICE OF VIOLATION NOTICE OF HEARING LETTER TO THE OWNER, GIVING THE OWNER 30 ADDITIONAL DAYS TO CORRECT THE VIOLATION.

THE CERTIFIED LETTER WAS LEFT AT ME.

HARDWARE. AS PER THE UPS MAIL CARRIER, MR. RICHARDSON'S OFFICE IS ABOVE THE HARDWARE STORE.

JANUARY 22ND, I MET WITH MR. RICHARDSON AT THE PROPERTY TO DISCUSS HIS COMPLIANCE.

FEBRUARY 5TH, I CONDUCTED AN INSPECTION IN.

THE VEHICLES WERE STILL IN VIOLATION.

FEBRUARY 29TH, I CONDUCTED A PRE AGENDA INSPECTION.

IT WAS STILL IN VIOLATION.

SO BASICALLY, ALL THE VEHICLES PRIVATE PROPERTY MUST BE OPERABLE.

CURRENT TANK DISPLAYED.

ALL AREAS AROUND.

OPERABLE VEHICLES THAT ARE NOT BEING USED.

MUST BE KEPT CLEAN AND CUT WITH THE TIRES INFLATED.

[00:30:01]

THE CITY RECOMMENDS MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF THE CODE OF ORDINANCE AND SECTION 42-173, GIVING THE OWNER TEN ADDITIONAL DAYS TO COME INTO COMPLIANCE. BY MARCH 17TH, 2024, THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT AND A FINE OF $50 PER DAY TO BEGIN ON MARCH 18TH, 2024, AND THEN, IF NOT, COMPLIANCE WITH THE LIEN PLACED ON THE PROPERTY IN 45 DAYS.

I ASKED MR. RICHARDSON TO COME TONIGHT AND SPEAK TO THE BOARD AND LET HIM LAY OUT HIS VERSION OF HIS PLAN THAT HE WANTS TO DO WITH THESE VEHICLES, AND THEN WE WILL ALLOW WE'LL LET YOU GUYS MAKE THE RECOMMENDATION FOR WHAT HE NEEDS TO DO.

MR. RICHARDSON, WOULD YOU LIKE TO WOULD YOU LIKE TO STEP UP TO THE PODIUM, PLEASE? I DO, GOOD.

AND YOU STATE YOUR NAME AND YOUR ADDRESS, SIR.

WHAT'S THAT? YOUR NAME? MY NAME AND ADDRESS.

MICHAEL RICHARDSON, 314 ELM STREET, FERNANDINA BEACH, NASSAU COUNTY, FLORIDA. THANK YOU.

DO YOU HAVE ANYTHING YOU'D LIKE TO TELL US? I THINK HE SAID IT ALL.

DO YOU HAVE ANYTHING ELSE YOU'D LIKE US TO CONSIDER? WELL, I IF I'M NOT ALLOWED TO KEEP THOSE VEHICLES ON MY PROPERTY, THEN I'LL JUST HAVE TO GO TO PLAN B.

IS THAT WHAT IT'S ALL BOILED DOWN TO? THEY CANNOT BE ON MY PROPERTY.

IS THAT WHAT WE'RE WHAT I'M HEARING.

MR. GEORGE, THE MUSTANG.

IF YOU GET A CURRENT TAG ON THAT AND INFLATE THE TIRES, IT CAN STAY ON THE DRIVEWAY.

I CAN TAKE BOTH OF THOSE CARS AND PULL THEM BEHIND MY HOUSE, SO THEY WON'T BE SEEN FROM THE STREET, BUT THEY'LL STILL REMAIN ON MY PROPERTY.

I DON'T HAVE ENOUGH MONEY TO BUILD A GARAGE OR A STORAGE THING.

IT'S JUST NOT GOING TO HAPPEN.

MR. WELLS HERE ASKED ME IF THERE WAS SOME PLACE THAT I COULD TAKE THOSE OFF THE ISLAND, AND I SAID, NO, I DON'T HAVE ANY PROPERTY OFF THE ISLAND.

I'VE GOT PLENTY OF PROPERTY OVER THERE, AND THEY COULD BE HIDDEN OUT OF SIGHT.

AND I DON'T KNOW WHETHER THAT IS GOING TO BE CONSIDERED PROPER OR NOT.

MR. GEORGE. WELL, THE ONE COLLECTIBLE VEHICLE SINCE IT, I BELIEVE IT DOESN'T EVEN HAVE AN ENGINE IN IT, BUT IT WOULD HAVE TO BE STORED IN A GARAGE AN ENCLOSED STRUCTURE FOR IT TO STAY ON THE PROPERTY.

NOW, THE MUSTANG, IF YOU'RE ABLE TO GET A TAG AND INFLATE THE TIRES, A CURRENT TAG, THEN IT CAN STAY RIGHT WHERE IT IS.

THAT WOULD BE YOUR OPTION IF YOU WANTED TO DO THAT.

YOU KNOW, THOSE CARS ARE SO OLD AND DECREPIT THEY NEED TO BE RESTORED.

WHY WOULD I BUY A CURRENT TAG, GET THEM REGISTERED, GET THEM INSURED AND PUT BRAND NEW TIRES ON THEM? IT'S LUDICROUS.

WHY ARE YOU KEEPING THEM? BECAUSE I HOPE TO.

DOES ANYONE HERE HAVE HOPE TO? I HOPE TO RESTORE THOSE CARS.

IT IS THAT.

IS THAT IT'S NOT UNREASONABLE? NO. AM I DOING ANYTHING EVIL TO TRY TO RESTORE A COUPLE OF OLD CARS? I DON'T THINK THAT'S THE ISSUE.

NO, THE MUNICIPAL CODE IS VERY, IT'S VERY CLEAR.

IT ACTUALLY IS STATING ABOUT INOPERABLE VEHICLES.

THEY HAVE TO HAVE CURRENT REGISTRATIONS, CURRENT TAGS.

I JUST NEED TO KNOW FROM THE BOARD WHETHER I CAN KEEP THOSE CARS ON MY PROPERTY IN SOME FORM

[00:35:02]

OR FASHION OR NOT.

IS IT POSSIBLE OR IS IT COVERED UNDER THE CODE THAT A TEMPORARY STRUCTURE OVER THE CARS IS ACCEPTABLE AS BEING IN A GARAGE? SO, FOR INSTANCE, A QUONSET HUT IN AN ENCLOSED STRUCTURE LIKE A GARAGE.

NOW, IF IT'S LIKE A CARPORT, AN ENCLOSED CARPORT, IT HAS TO BE ATTACHED TO THE THE PRIMARY STRUCTURE.

SO, A QUONSET HUT WITH CANVAS COVERS SEPARATE A SEPARATE SECONDARY STRUCTURE LIKE A GARAGE THAT WAS SEVERED FROM THE HOUSE.

HE COULD STORE THAT THE OLDER CAR INSIDE THAT.

BUT IF HE DOESN'T WANT TO PUT A TAG ON THIS ONE HERE, HE'S GOING TO HAVE TO STORE IT INSIDE ALSO, OR HE'S GOING TO HAVE TO PUT A TAG ON IT.

HE'S GOING TO HAVE TO MOVE IT SOMEWHERE ELSE.

I GUESS THAT'S MY QUESTION, IS WHAT IS CONSIDERED INSIDE? YEAH, IT'S GOT TO BE AN ENCLOSED STRUCTURE, ALL FOUR WALLS.

SO, I'VE JUST SEEN THESE QUONSET HUTS WITH THE CANVAS TOPS ON THEM, YOU KNOW, FRONT AND BACK.

WOULD THAT BE CONSIDERED SOMETHING OR.

NO. AND LIKE I SAID, I'M ASKING THE QUESTION OUT OF IGNORANCE.

WELL, THAT'S A TEMPORARY TYPE OF STRUCTURE.

I'M NOT SURE THAT QUALIFY AS A PERMANENT STRUCTURE BECAUSE IT'S TEMPORARY IN NATURE.

OKAY. MR. RICHARDSON IS THAT SORT OF A SEMI GARAGE THERE WITH THE LATTICE, IS THAT A LATTICE AREA THAT IT WOULD THAT ACTS AS A GARAGE.

IT'S BEHIND THE CAR, THE LATTICE AREA.

NO, THAT'S MY HOUSE.

OKAY, I WASN'T SURE.

I WASN'T SURE IF IT WAS A CARPORT THAT YOU'D LATTICE IN.

DO YOU HAVE SOMEONE THAT CAN TAKE THEM AND PUT THEM SOMEWHERE ELSE? YOU HAVE TO SPEAK INTO THE MICROPHONE, SIR.

I'M SORRY. I JUST NEED TO KNOW IF THIS BOARD WILL LET ME KEEP MY CARS.

THERE ARE TWO CARS ON MY PROPERTY HIDDEN OUT OF SIGHT IN THE BACK OF MY HOUSE.

IF THEY CANNOT BE PUT ON MY PROPERTY, I WILL FIND ANOTHER PLACE TO PUT THEM.

YEAH, AND, MR. RICHARDSON, WE CAN'T CHANGE THE CODE.

I UNDERSTAND THAT YOU DON'T MAKE THE RULES.

YOU JUST WORK HERE.

WE DON'T EVEN WORK HERE.

THEY DON'T PAY US. WE VOLUNTEER.

OKAY, WELL, I'M LOOKING FOR A LITTLE BIT OF RELIEF HERE, AND I CAN FIND ANOTHER PLACE TO PUT THEM.

IF THAT IS WHAT YOU ALL DECIDE.

OFFICER. WELL, THERE IS NO WAY HE CAN KEEP THOSE ON THE PROPERTY UNLESS THEY'RE IN A FOUR-SIDED GARAGE.

IS THAT CORRECT? IF THEY DON'T HAVE CURRENT TAGS ON THEM.

THAT'S CORRECT.

OKAY. I CAN BUY A COUPLE OF TARPS AND PUT A COVER UNDERNEATH THE SOFFIT OF MY ROOF.

WILL THAT SUFFICE? NO, SIR. OKAY.

IT HAS TO BE A STRUCTURE.

YES, SIR. OKAY.

IT HAS TO BE A STRUCTURE, AN ENCLOSED STRUCTURE.

IF YOU'RE GOING TO STORE BOTH OF THOSE VEHICLES.

OKAY? I CAN'T AFFORD THAT.

HAVE YOU GOT SOMEONE THAT WILL TAKE THEM? SO, I JUST HAVE TO TRASH THOSE CARS? NO. YOU DO HAVE AN OPTION THAT YOU CAN PUT THEM IN STORAGE SOMEWHERE.

AND ONE OF THESE STORAGE PLACES AND A STORAGE UNIT OR IN THE STORAGE AREA, I MEAN, THAT'S ALWAYS AN OPTION.

ARE THEY SALABLE CARS? MR. RICHARDSON. ARE THEY CARS THAT ARE COLLECTOR'S ITEMS THAT COULD BE SOLD? WHAT'S THAT? I DON'T THINK.

WELL, I GUESS FINDING A SOLUTION TO GET THEM OFF YOUR PROPERTY IS WHAT NEEDS TO HAPPEN.

YOU KNOW, MY PROPERTY IS 100 BY 100.

I CAN PARK THEM BEHIND MY HOUSE, AND THEY WON'T BE SEEN FROM THE STREET, BUT THEY WON'T BE CURRENTLY LICENSED.

JUST NO REASON FOR IT.

THERE WON'T BE INSURED.

AND SO, THE CODE SAYS NO.

SO, I'LL JUST HAVE TO, I'LL JUST HAVE TO DEAL WITH THAT.

[00:40:03]

THANK YOU. THERE'S ONE OPTION.

THE U-HAUL ON WHAT? THE U-HAUL CENTER ON EIGHTH STREET.

YEP. WE HAVE A FENCED IN STORAGE AREA.

YEAH, THERE'S SEVERAL ON THE ISLAND.

I'M NOT SURE. THANK YOU, MR. RICHARDSON. OH, THANK YOU, THANK YOU, OFFICER WILLS.

ANYTHING ELSE? NOTHING ELSE. I I'M NOT I DON'T SEE TOO MUCH OTHER OPTIONS.

LIKE I SAID, YOU KNOW, HE EXPRESSED TO ME THAT HE WAS FINANCIALLY NOT ABLE TO DO WHAT NEEDED TO BE DONE TO BRING HIM INTO COMPLIANCE IF HE DECIDED NOT TO PUT TAGS ON THEM. AND I UNDERSTAND THE FINANCIAL PART OF THAT, BUT HE'S JUST GOING TO HAVE TO MAKE A DECISION WHETHER HE WANTS TO STORE THEM ELSEWHERE, GET THEM OFF OF THAT PROPERTY, OR EITHER BUILD A STRUCTURE AND PUT THEM INSIDE THE STRUCTURE, OR HE HAS THIS ONE.

HE PROBABLY CAN REGISTER AND INFLATE THE TAG OR INFLATE THE TIRES, AND HE CAN LEAVE THAT ONE AS IT SITS RIGHT THERE.

SO, IT WOULDN'T BE THE ONE THAT HE HAD TO MOVE.

THOSE CARS ARE NOT GOING TO GET RESTORED TOMORROW.

YES, SIR. WE ALL UNDERSTAND THAT.

YES, SIR. WE UNDERSTAND.

I'LL MAKE A MOTION. I'LL MAKE A MOTION.

YES, SIR. I'LL MAKE A MOTION TO FINE MR. RICHARDSON A VIOLATION.

AND WE WILL GIVE MR. RICHARDSON 30 DAYS TO HAVE THE VEHICLES REMOVED FROM HIS PROPERTY.

AND THEN THE CLOCK WILL TICK ON $25 A DAY FINE UNTIL THEY'RE REMOVED.

YES, SIR.

HOLD ON. WHAT ABOUT THE LIEN? YOU KNOW YOU'RE NOT RELATED TO GEORGE THOMPSON.

ARE YOU? NEPHEW? I'M HIS NEPHEW. THANK YOU.

MR. RICHARDSON, WOULD YOU PLEASE SIT DOWN, SIR? OH. GO SIT. DID YOU WANT TO ADD ANYTHING ON ABOUT THE LEAN? THERE'S NO LEAN. GOT IT.

OKAY, SO THE LAW, MR. RICHARDSON. SIT.

STAY. AND WE HAVE A SECOND.

I HAVE A SECOND.

NO MEMORY.

YEAH. SO, WE HAVE A MOTION THAT'S BEEN SECONDED.

BOARD SECRETARY, WOULD YOU CALL ANY DISCUSSION? I THINK WE'VE DISCUSSED SO THAT 30 DAYS WOULD START TODAY.

YEAH. COULD YOU REPEAT THE MOTION, MADAM CHAIR OR MR. FOTIADES? I DON'T KNOW IF I'LL GET IT RIGHT, BUT WE FIND MR. RICHARDSON IN VIOLATION.

WE FIND HE'S DUE, THE ADMINISTRATIVE FEES ARE DUE, AND THERE'S A 30-DAY GRACE PERIOD AT WHICH THE $25 A DAY FINE WILL BEGIN. AND NO LIEN WITHOUT PERMISSION? NO. CORRECT. AND YOU SECONDED THAT? I DID. OKAY, GREAT.

LOOK, YOU ALL THOSE CARS WILL BE GONE, OKAY? THANK YOU, MR. RICHARDSON.

WOULD YOU. WOULD YOU PLEASE HAVE A SEAT? THANK YOU.

MISS CRYSTAL, WOULD YOU CALL THE SECRETARY? CALL A VOTE. I JUST WANT TO MAKE SURE I GOT THIS.

OKAY. SO, FIND THE PROPERTY AND VIOLATION.

ALLOW 30 DAYS TO COME TO COMPLIANCE.

IF NOT IN COMPLIANCE IN 30 DAYS, FINES OF $30 PER DAY WILL BEGIN.

25. YOU KNOW, I GOT SOMETHING ON THERE.

AND TO ASSESS ADMINISTRATIVE FEES.

YES, YES.

BEFORE YOU CALL THE VOTE, MR. RICHARDSON. MR. RICHARDSON. RICHARDSON.

MR. THOMPSON, ADDRESSING MR. RICHARDSON. DO YOU HAVE A FULL UNDERSTANDING OF WHAT WE'RE DOING? I UNDERSTAND OKAY.

THOSE CARS WILL BE GONE.

OKAY. AND YOU ALL WILL BE SATISFIED.

OKAY. MR. RICHARDSON, IF YOU WANT TO COME BY THE OFFICE TOMORROW, I'D BE HAPPY TO, YOU KNOW, DISCUSS IT WITH YOU AND SEE WHAT KIND OF OPTIONS.

ALL RIGHT.

ONE OF THEM? YEAH, YEAH.

YEAH. ALL RIGHT.

SORRY. MAIER. FOTIADES.

YES. MR. THOMPSON. YES. MR. CRESSEY. YES, WE HAVE NO LIEN ON THAT.

I'D HAVE TO ASK FOR PERMISSION.

JUST LIKE THE LAST CASE.

[00:45:08]

COMMAND, MOVE ON TO THE NEXT CASE.

CAN I JUST ASK A QUICK QUESTION? IS THAT GOING TO BE A PROCESS ABOUT THE LIENS LIKE THAT? Y'ALL ARE GOING TO CONTINUE TO DO THAT WAY, WHERE EVERY CASE IS GOING TO BE RETURNING BACK, BECAUSE WHEN THEY MOVED IT FROM 30 DAYS TO 45 DAYS, THAT WAS LIKE ACROSS THE BOARD.

THAT WAS A NEW PROCESS THAT WAS STARTING.

AND IT REALLY HELPS WITH OUR CONSISTENCY OF HOW WE DO IT IN THE OFFICE, RATHER THAN BECAUSE THERE'S A LOT OF CASES THAT WE'RE MANAGING AND HELPING WITH THE LIENS.

AND THEN SOMETIMES LIENS GOT FILED AND SOMETIMES THEY DIDN'T GET FILED.

IT CAN BE VERY CONFUSING.

I UNDERSTAND I THINK IT'S CASE BY CASE.

YEAH. I THINK YOU JUST HAVE TO SAY IF THEY IF THEY RULE HERE THAT THEY DON'T WANT THE THEN OKAY, WE WAIT AND COME BACK AND ASK, OKAY.

I JUST WANTED TO MAKE SURE LIKE OKAY, WELL LOVELINE IS KIND OF LIKE THE LAST STRAW.

AND YOU KNOW, IF THEY DON'T RESPOND OR DON'T COME INTO COMPLIANCE, WELL, WE SEND OUT A WHOLE BUNCH OF LETTERS AFTER THEY EVEN THE HEARING HAPPENS AND GIVE THEM MORE OPPORTUNITY AT THAT POINT TO.

AND THANK YOU FOR HELPING MR. RICHARDSON. HE NEEDS SOME GUIDANCE.

SOME GUIDANCE. YEAH. GOOD.

THANK YOU. AND IF YOU'D LIKE TO IF SINCE WE HAVE A BUNCH OF NEW BOARD MEMBERS SINCE WE CHANGED THE CODE REGARDING LIENS, WHY DON'T WE TAKE THAT, SEND ALL OF THE BOARD MEMBERS THE ORDINANCE SO THAT THEY CAN REVIEW IT.

AND IF YOU WANT TO, WE CAN BRING IT UP AT THE NEXT MEETING.

WE GET TOGETHER UNDER BOARD BUSINESS AT THE END, WE CAN KIND OF GO THROUGH IT AND SEE IF YOU HAVE QUESTIONS ABOUT THE PROCESS, IF YOU RECOMMEND CHANGES TO THE PROCESS.

YEAH. SUPER.

THANK YOU. GOOD IDEA.

THANK YOU. WE MOVE ON TO FOURTH CASE.

[5.3 MICHAEL BRODSKY, 502 STANLEY DRIVE, CASE 2023-0271: Violation(s) of the City of Fernandina Beach Land Development Code exist: Section 5.01.10 Fence and Walls (Application for a permit to install or construct a fence is required). Requesting Board determination of the case.]

YES. WE CAN GET AWAY FROM THE AUTOMOBILES.

WE GO TO FENCES. OH GOSH.

THE FOURTH CASE IS MICHAEL BRODSKY.

502 STANLEY DRIVE CASE 2023-0271 VIOLATION OF THE CITY OF FERNANDINA BEACH LAND DEVELOPMENT CODE, SECTION 5.01.10 FENCE AND WALLS APPLICATION FOR A PERMIT TO INSTALL OR CONSTRUCT A FENCE IS REQUIRED.

OFFICER WELLS. ALL RIGHT.

THIS TIME, I'D LIKE TO SUBMIT ALL OUR EVIDENCE INTO RECORD FOR THIS PARTICULAR PROPERTY.

502 STANLEY DRIVE WAS SEPTEMBER 25TH OF 2023.

THIS IS WHEN THIS CASE WAS OPENED.

IT WAS A COMPLAINT DRIVEN CASE.

THE NEIGHBOR NEXT DOOR PUT IN A COMPLAINT ALONG WITH THE BUILDING DEPARTMENT ABOUT THIS PROPERTY.

WE CONDUCTED THE INSPECTION AND FOUND THAT THE FENCE HAD BEEN INSTALLED.

IT'S INSTALLED IMPROPERLY ACCORDING TO CODE, AND IT'S ALSO IN HEIGHT VIOLATION.

IN ADDITION, THERE WAS NEVER A PERMIT APPLIED FOR THIS.

THERE WAS A PERMIT APPLIED FOR IN 21 FOR SOMETHING ELSE BUT THAT VOIDED.

HE NEVER PAID THAT PERMIT IN 21.

AND SO IT WAS EVENTUALLY VOIDED.

BUT CURRENTLY THERE'S NO PERMIT THAT'S APPLIED FOR OR OBTAINED FOR THIS FENCE.

IT IS THE CODE STATES THAT THE FINISH LINE SHALL BE TOWARDS YOUR NEIGHBORING PROPERTY, AND THE FENCE HEIGHT REQUIREMENT IS SIX FEET, WHICH THAT LATTICE ON TOP OF IT IS IN VIOLATION OF THE FENCE LIKE ALSO.

SO, I INITIALLY POSTED THE PROPERTY WITH A COURTESY NOTICE AND GAVE THE RESPONDENT 30 DAYS TO COME INTO COMPLIANCE.

I TOOK PICTURES OF ALL THESE THINGS.

MR. GAVIN, THE OWNER, CALLED OUR DEPARTMENT INQUIRING ABOUT THE CASE PROCEDURES AND PROTOCOL WHERE OUR ADMIN COORDINATOR EXPLAINED.

SHE EXPLAINED ALL THE PROCEDURES OCTOBER 26TH.

BUT THIS WHOLE IT WAS 128 DAYS THAT HAS TRANSPIRED.

AND THERE'S NOTHING BEEN DONE WITH THIS CASE.

MAYBE I CAN CUT SOME OF THIS OFF, BUT WE DID MAIL OUT A CERTIFIED LETTER TO THE OWNER.

IT DID COME BACK WITH THIS SIGNATURE STATING THAT WE HAD PROPER SERVICE.

AFTER SEVERAL CONVERSATIONS AND CORRESPONDENCES WITH MR. GAVIN, THE OWNER, THE PROPERTY IS STILL IN VIOLATION AS OF TODAY.

THERE'S BEEN NO PERMITS PULLED.

SO, THE RECOMMENDATION FROM THE CITY'S STANDPOINT IS RECOMMEND A MOTION BE MADE TO FIND THE RESPONDENT IN VIOLATION OF THE LAND DEVELOPMENT CODE, CHAPTER 5.01.10, GIVING THE OWNER 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY APRIL 6TH, 2024.

THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT, AND A FINE OF $50 PER DAY TO BEGIN ON APRIL 7TH, 2024, IF NOT IN COMPLIANCE WITH, OF COURSE, WITH THE LIEN PLACED ON THE PROPERTY IN 45 DAYS, IF NOT IN COMPLIANCE.

MADAM CHAIR, I HAVE SOME PROCEDURAL QUESTIONS WHEN YOU'RE READY.

YES, I HAVE A QUESTION TO GO FOR IT.

[00:50:02]

IN THE STAFF REPORT.

OFFICER WELLS, THE PROPERTY OWNER IS NAME IS MICHAEL BRODSKY.

AND WHEN I LOOK AT THE PROPERTY APPRAISER STUFF.

BUT I SEE MR. GARVIN, THE OWNER, IS THAT CORRECT OR IS THAT NOT CORRECT? THAT'S WHAT I WAS QUESTIONING BECAUSE I'M GIVING YOU AN OPPORTUNITY TO.

THIS CAN BE CORRECTED ON THE RECORD RIGHT HERE, BUT IF IT'S NOT CORRECTED, THEN WHATEVER WE DO WON'T BE VALID IN MY OPINION.

YEAH. IT WOULD YEAH, I BELIEVE HIS NAME IS BRODSKY, SO.

WELL, THAT'S THE OWNER OF THE PROPERTY.

THAT'S ALL. CORRECT.

AND IT LOOKS LIKE THE NOTICES WERE ALL SENT TO THE CORRECT ADDRESS.

YES. LET'S SEE IF I CAN SEE.

MICHAEL BRODSKY IS THE ONE THAT RECEIVED THE NOTICES.

YES. THE MAIL AND HIS SIGNATURE IS ON HERE.

WE CAN VERIFY THAT REAL FAST.

SO, DO YOU WANT TO CHANGE YOUR STAFF REPORT TO CORRECT THE MR. GARVIN NAME? AND IF YOU'RE NOT SURE.

NO, HE SIGNED FOR IT, MICHAEL BRODSKY.

OKAY, SO DID MR. GARVIN CALL THE OFFICE OR MR. BRODSKY CALLED THE OFFICE? DO YOU KNOW? WELL, THE ORIGINAL COMPLAINT CAME FROM THE NEXT-DOOR NEIGHBOR AND THE BUILDING DEPARTMENT.

OKAY. AND THE NEXT-DOOR NEIGHBOR.

HE WAS A TENANT, SO WE DON'T KNOW.

THAT COULD BE MR. GARVIN. THAT COULD BE MR. GARVIN. MR. GARVIN LIVES IN THAT NEIGHBORHOOD.

WELL, HE'S SINCE MOVED OUT.

HE'S NOT THERE ANYMORE.

OKAY, SO HE'S OUT OF THE WAY.

GOT IT. OKAY, SO LET'S AMEND THAT STAFF REPORT TO REFLECT THAT MR. BRODSKY CALLED.

YES. MR. BRODSKY IS THE PROPERTY OWNER.

THAT'S REFLECTED, I THINK, PROPERLY.

IT TALKS ABOUT CONTACT WITH CODE ENFORCEMENT DEPARTMENT BY MR. GARVIN. BRODSKY. OKAY, OKAY.

SO JUST TO BE CLEAR, AS THE MISSISSIPPI RIVER, THE JANUARY 11TH, I MET WITH THE OWNER AT THE PROPERTY.

YOU MET WITH BRODSKY? THAT'S CORRECT. OKAY.

SO, GARVIN'S GOING TO BE CHANGED TO BRODSKY IN BOTH OF THOSE TWO DATES? YES. 1010 AND ONE THREE.

OKAY. YES. OKAY. SO, DO WE PROCEED WITH THIS CASE OR NOT? YES. THAT'S FINE.

EVEN WITH THOSE. YES OKAY.

THAT'S FINE. OKAY.

ALL RIGHT. BEFORE I MAKE A MOTION, I HAVE A COUPLE QUESTIONS.

OKAY. OBVIOUSLY, IT'S A NONSTARTER.

THERE'S NO PERMIT. WE GET THAT.

THE GOOD SIDE OF THE FENCE IS ON THE INSTALLER SIDE, WHICH IS WRONG AS WELL.

THAT'S CORRECT. AND IT'S TOO HIGH.

YES. SO THOSE ARE ALL FACTS.

YEAH. THE FENCE CAN ONLY BE SIX FOOT AND IT CAN BE TWO INCHES OFF THE GROUND.

SO, IT COULD BE A TOTAL OF SIX FOOT TWO INCHES.

THIS FENCE GOES ALL THE WAY AROUND THE PROPERTY.

JUST ONE. THAT'S JUST THAT COMMON SIDE.

THAT'S JUST THAT ONE SIDE.

HOW HIGH IS THE FENCE? THAT FENCE, IS IT? WE DIDN'T MEASURE IT, BUT IT'S OVER.

IT'S PROBABLY EIGHT FOOT OKAY.

BECAUSE THE WOODEN FENCE IS SIX FEET FOR SURE OKAY.

ALL RIGHT. I'LL MAKE A MOTION TO FIND THIS IN VIOLATION.

ADMINISTRATIVE. ADMINISTRATIVE FEES.

30 DAYS TO COME INTO COMPLIANCE.

AFTER THAT, IT'S $50 A DAY.

FINE. AND LANE 50.

YOU DID SAY 50, CORRECT.

50. YES. YES, SIR.

ANY LANE, I THINK IN THIS CASE, YES.

THIS IS A CLEAR VIOLATION.

IT'S LIKE BLATANT.

THAT'S BEEN GOING ON FOR A LONG TIME.

I SECOND. MADAM SECRETARY, I'D LIKE TO CALL A VOTE.

QUESTION. QUESTION.

QUESTION. QUESTION. OFFICER WELLS, HAVE YOU HAD SOME DISCUSSION WITH THE PROPERTY OWNER? YES. OKAY.

AND TO NO AVAIL.

WELL, HE SAID THAT HE THE CONVERSATION WE HAD THAT HE WAS GOING TO GO AND GET A PERMIT FOR THE FENCE, AND HE HAD SOME DISCUSSIONS ABOUT HOW HE WAS GOING TO BE ABLE TO GET ON THE OTHER SIDE OR THE OTHER PERSON'S BECAUSE WE WERE WE WERE DISCUSSING OPTIONS ON HOW TO MAKE THIS LEGAL AS IT SITS, BECAUSE HE CAN ACTUALLY FINISH BOTH SIDES AND IT CAN BE LEGAL AS IT STANDS, BECAUSE THEN HE'LL HAVE FINISHED SIZE ON BOTH SIDES.

BUT HE COULDN'T TRESPASS ON THE NEIGHBOR'S PROPERTY TO DO THAT.

SO, HE WAS GOING TO HAVE SOME ISSUES AND HE NEEDED TO DISCUSS THAT WITH THE PROPERTY OWNER, WHICH HE APPARENTLY, HE KNOWS THE OWNER OF THE PROPERTY NEXT DOOR.

WELL, BUT AS I LEFT IT, HE WAS GOING TO HAVE A DISCUSSION WITH THE OWNER NEXT DOOR.

AND HE WAS ALSO GOING TO CALL THE PLANNING DEPARTMENT AND SPEAK TO ONE OF THEIR PLANNERS AND DISCUSS WHAT ARE SOME OPTIONS THAT ARE AVAILABLE TO MAKE THAT FINISHED ON BOTH SIDES, BECAUSE IT'S DEFINITELY FINISHED ON THIS SIDE, BUT IT'S IN VIOLATION THAT THE LATTICE NEEDS TO BE TAKEN DOWN COMPLETELY.

NOW, IF HE FINISHES THE OTHER SIDE, THEN AND HE PULLS THE PERMIT AND IT GETS INSPECTED AND APPROVED AND HE'S GOOD TO GO, AND THAT'S THE KIND OF THE PATH THAT HE

[00:55:08]

LED ME TO BELIEVE THAT HE WAS GOING TO APPROACH AND FILL.

BUT HE THAT WAS 128 DAYS AGO.

YES. IT WAS.

YEAH. 71421.

THAT WAS THE INITIAL MOTION.

GO LIKE IT IS. THE INITIAL FENCE PERMIT APPLICATION WAS FILED IN 2021.

RIGHT, THAT'S ONE OF THE THAT'S ONE I'M NOT SURE WHAT WAS THERE AT THAT POINT.

LIKE I SAID IT DIDN'T HE DIDN'T PAY THE FEE.

AND SO THAT PERMIT WAS NOT ISSUED.

I'M READY TO VOTE TO OKAY.

SO, THE LIEN IS INCLUDED IN THIS ONE.

DO WE HAVE A SECOND ON THAT? I SECOND. OKAY. THANK YOU.

OKAY. MADAM SECRETARY.

ALL RIGHT. SO, I GOT FIND THE PROPERTY IN VIOLATION AND ASSESS ADMINISTRATIVE FEES.

THERE ARE DAYS TO COME TO COMPLIANCE AND $50 FINE PER DAY.

AND A LIEN FILED 45 DAYS AFTER.

ALL RIGHT.

THANK YOU. AND OUR LAST CASE, MAY I CONTINUE? YES. ARE YOU READY? OKAY. OUR LAST CASE IS GREGORY JAMES COSGROVE, 833 ELLEN STREET.

[5.4 GREGORY JAMES COSGROVE, 833 ELLEN STREET, CASE 2023-0327: Violation(s) of the City of Fernandina Beach Land Development Code exist: Section 5.01.10 Fences and Walls (Application for a permit to install or construct a fence is required). Requesting Board determination of the case.]

CASE 2020 3-0327.

VIOLATION OF THE CITY OF FERNANDINA BEACH LAND DEVELOPMENT CODE, SECTION 5.0 1.10 FENCES AND WALLS.

APPLICATION FOR A PERMIT TO INSTALL OR CONSTRUCT A FENCE IS REQUIRED.

ANOTHER FENCE.

ALL RIGHT. AT THIS TIME, I'D LIKE TO SUBMIT THE EVIDENCE THAT WE HAVE FOR THIS PROPERTY IN THE RECORD.

KIND OF LIKE THIS. VERY SIMILAR.

THIS IS THE. THIS IS THE HOUSE THAT'S IN QUESTION.

YOU CAN'T HARDLY SEE THIS BECAUSE IT'S IN THE SHADOW, IN THE SHADE.

BUT THESE ARE THE SUPPORT POSTS, AND THIS IS THE UNFINISHED SIDE HERE.

THIS NEXT PICTURE WILL SHOW WHEN I SHOOT DOWN IT, YOU'LL SEE THAT ALL THESE, ALL THESE POSTS AND SUPPORTS SHOULD BE ON THE INSIDE.

SO, IT'S INSTALLED IN VIOLATION OF THE CODE.

WAS THERE A PERMIT FOR THIS? I'M TRYING TO SEE HERE.