[00:00:03] >> THE FEBRUARY 6TH, 2025 HEARING OF THE CITY OF FERNANDINA BEACH, [1. CALL TO ORDER / ROLL CALL / DETERMINATION OF A QUORUM] CODE ENFORCEMENT AND APPEALS BOARD IS NOW CALLED TO ORDER. BOARD SECRETARY, COULD YOU PLEASE CALL THE ROLL? >> MEMBER POSTMA. >> HERE. >> MEMBER FOTIADES. >> HERE. >> MEMBER THOMPSON. >> HERE. >> MEMBER FINKELSTEIN. >> HERE. >> VICE CHAIR STINES. >> HERE. >> MEMBER TOM. >> WE'RE GOOD. >> DID I SAY? >> YEAH. >> I'M HERE. >> YOU'RE STILL HERE. THERE'S NO ALTERNATIVES THAT WE'RE SATING TONIGHT, IS THAT CORRECT? >> YES SIR. >> WE'LL START OFF TONIGHT. I'LL STAND TO THE PLEDGE OF ALLEGIANCE AND THEN REVEREND IF YOU SAY SOME WORDS AFTERWARDS. I APPRECIATE IT. THANK YOU. >> >> LET US PRAY. OUR FATHER, OUR GOD, WE COME TONIGHT, FATHER. WE SAY, THANK YOU FOR YOUR MANY BLESSINGS, FOR YOUR MULTITUDE OF TENDER MERCIES, LORD, WE THANK YOU TODAY THAT HAD NOT BEEN FOR YOU ON OUR SIDE. WHERE WILL WE BE? NOW, LORD, WE INVOKE YOUR PRESENCE IN THIS MEETING ON FERNANDINA BEACH ON COURT ENFORCEMENT OF THE APPEALS BOARD, LEAD AND GUIDE IN A MANNER THAT'S PLEASING AND I CITE. WE GIVE YOU THE PRAISE OF THE HONOR AND THE GLORY AND THE PEOPLE OF GOD SAID. >> AMEN. >> AMEN. >> THANK YOU. VICE CHAIR STINES, IF WE MAY, [6.1 Election of Chair and Vice Chair position.] I WOULD RECOMMEND TAKING ONE ITEM OUT OF ORDER, AND THAT WOULD BE THE APPOINTMENT OR ELECTION OF THE CHAIR AND THE VICE CHAIR JUST BECAUSE OUR CODE REQUIRES YOU TO HAVE ONE. I BELIEVE IT'S SUPPOSED TO BE DONE AT JANUARY MEETING. >> WE CAN'T PUT THAT OFF TO THE END THEN. >> I WOULD RECOMMEND GO AHEAD AND DO IT AT THE BEGINNING SO WE CAN SIT THOSE POSITIONS TO ACTUALLY CONDUCT THE MEETING AND HAVE A CHAIR. >> EVERYONE ALL RIGHT WITH THAT? HOW DO WE GO ABOUT WITH THIS PROCESS? >> MAKE A MOTION TO ELECT A CHAIR. >> DOES ANYONE HAVE A MOTION. >> I HAVE A MOTION. MY MOTION IS THAT WE RECOMMEND MR. RALPH AS OUR CHAIR. >> I'LL SECOND THAT MOTION. >> I WOULD LIKE TO MAKE A MOTION, MR. FOTIADES BE VICE CHAIR? >> WELL, JUST A POINT OF ORDER. YOU'VE GOT A MOTION AND A SECOND. IF THERE'S NO DISCUSSION, THEN THERE WOULD BE A VOTE. >> MOTIONS WERE MADE? >> MEMBER FOTIADES? >> YES. >> MEMBER POSTMA? >> YES. >> MEMBER THOMPSON? >> YES. >> VICE CHAIR STINES? >> YES. >> MEMBER FINKELSTEIN? >> YES. >> THANK YOU. MOTION FOR MR. FOTIADES FOR VICE CHAIR. >> I SECOND THE MOTION. >> ANY FURTHER DISCUSSION? >> NO, SIR. >> TAKE A ROLL. >> MEMBER POSTMA. >> YES. >> MEMBER FOTIADES? >> YES. >> MEMBER FINKELSTEIN? >> YES. >> MEMBER THOMPSON? >> YES. >> VICE CHAIR STINES. >> YES. >> CONGRATULATIONS. >> THANK YOU ALL FOR YOUR PATIENCE FOR THAT. APPRECIATE IT. APPROVAL OF MINUTES IS NEXT. [3. APPROVAL OF MINUTES] THE MINUTES FROM NOVEMBER 7TH, 2024 HEARING ARE PRESENTED FOR APPROVAL. HAS EVERYONE HAD A CHANCE TO REVIEW THESE MINUTES AND CAN I GET A MOTION TO ACCEPT THAT AS PRESENTED. >> THERE'S A COUPLE OF CORRECTIONS IN THERE. I CAN BRING THOSE FORWARD. I THINK MR. FOTIADES WAS BOTH HERE AND NOT HERE IN THE MINUTES. >> CHECK THAT. >> I'LL SEE THIS RIGHT. >> IS THAT THE ONLY CORRECTION YOU FOUND? >> THEN UNDER ITEM 5, FOURTH LAST PARAGRAPH SAYS THAT A MOTION WAS MADE BY MEMBER POSTMA MAKES A MOTION. THAT'S JUST WHAT WAS REDUNDANT THERE. >> I CAN UPDATE THAT, WE CAN PUT IT ON THE NEXT AGENDA FOR APPROVAL. >> SURE. [00:05:07] >> ARE THERE ANY CHANGES TO TONIGHT'S AGENDA? >> YES. >> OTHER THAN THE TURNAROUND OF THE VOTE. >> CASE 5.5 HAS COME INTO COMPLIANCE, SO IT WON'T BE HEARD. >> WHICH ONE AGAIN? >> 5.5. >> COULD WE GET A REVIEW OF THE QUASI JUDICIARY CITING HERE? >> YES, ABSOLUTELY. THE NEXT CASE IS THE FIVE CASES WILL ALL BE GOVERNED BY OUR CITY'S QUASI JUDICIAL PROCEDURES. THAT MEANS SIMPLY THAT ANY DECISION BY THIS BOARD MUST BE SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE. COMPETENCE SUBSTANTIAL EVIDENCE IN THIS CASE MAY BE PRESENTED IN THE FORM OF TESTIMONY OR DOCUMENTS AND EXHIBITS. ANYONE THAT'S INTENDS TO TESTIFY WILL NEED TO BE PLACED UNDER OATH BY THE CLERK TO GIVE THAT SWORN EVIDENCE AND WILL BE SUBJECT TO CROSS EXAMINATION. THE PROCEDURES IN PLACE FOR HOW THIS WILL BE PRESENTED IS THE CITY STAFF HAS THE BURDEN OF PROOF VIOLATION, AND SO THEY WILL SPEAK FIRST. IF THERE IS A REPRESENTATIVE FOR THE RESPONDENT HERE, I'LL HAVE AN OPPORTUNITY TO QUESTION THE CITY'S WITNESSES AND ALSO PRESENT THEIR OWN WITNESSES AND ARGUMENT. ANYONE THAT DISAGREES WITH THE DECISION WILL HAVE 30 DAYS TO APPEAL THAT DECISION TO THE CIRCUIT COURT IN NASSAU COUNTY, AND THAT APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDERING OF A WRITTEN ORDER BY THE CHAIR. DOES ANYONE HAVE ANY QUESTIONS ABOUT THE QUASI-JUDICIAL PROCEDURES? >> BOARD MEMBERS, HAVE ANY OF YOU HAD ANY [FOREIGN] COMMUNICATIONS RELATING TO ANY OF THE CASES THAT ARE ON THE AGENDA? >> NO. >> I DID. >> NO. >> [FOREIGN] EVEN IF YOU'VE LOOKED AT THE HOUSE. >> EVEN IF YOU'VE LOOKED. >> EVEN IF YOU'VE LOOKED AT THE HOUSE? >> IT'S NOT REALLY COMMUNICATION. ANYWAY, HAS DEFINITION. >> I'M FAMILIAR WITH WITH ONE OF THE LOCATIONS. AS I DRIVE BY IT, THAT'S IT. THAT WOULD BE 5.2 ON REGULAR MCGREGOR, JUST A HOUSE WHERE DRIVE BY ON MY REGULAR TRAVELS. ANYBODY ELSE? ANYTHING ELSE? BOARD SECRETARY, COULD YOU SWEAR IN ALL THE WITNESSES WHO WILL BE TESTIFYING THIS EVENING? IF ANYONE WHO'S OUT THERE WILL BE TESTIFYING TONIGHT, IF YOU CAN PLEASE STAND, JUST TO MAKE SURE WE HAVE YOU ON THE RECORD. THANK YOU, MARK. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY AND/OR EVIDENCE THAT YOU'RE ABOUT TO GIVE AND PRESENT IS THE TRUE, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? >> YES. >> THANK YOU. >> WE HAVE SOME OLD BUSINESS TO TAKE CARE OF FIRST? [4.1 JAMES JOHN O'CONNER TRUST, 703 GARDEN STREET, CASE 2024-0029] 4.1. IT'S CASE 2024-0029. PROPERTY OWNER IS PETITIONING FOR A FINE REDUCTION. >> I'M GEORGE WELLS, CODE ENFORCEMENT OFFICER OF THE CITY OF FERNANDINA BEACH. I DON'T KNOW IF I NEED TO RESUBMIT ALL OF OUR EVIDENCE AND TESTIMONY INTO RECORD, BUT I WILL DO THAT IF THAT'S WHAT IS REQUIRED IN THIS PARTICULAR INSTANCE. MR. O'CONNOR IS COMING BACK, REQUESTING A FINE REDUCTION AT 703 GARDEN STREET. YOU FIRST HEARD THIS ON MAY 9TH AND YOU FOUND HIM IN VIOLATION OF 42-117 ABOUT THE CITING WAS MISSING. I THINK YOU GOT THE BOARD HELD OFF ON THE ASSESSMENT OF FINES AT THAT POINT, SO WE CAME BACK TO JUNE 6TH AND YOU ASSESSED THE FINE OF $50 PER DAY. THEN EVERYTHING WE HAVEN'T HAD, WE'RE BACK WHERE WE ARE NOW. MR. O'CONNOR, IF YOU WOULD LIKE TO COME AND SPEAK ON YOUR BEHALF AND EXPLAIN TO THE BOARD WHAT TIME FRAME AND WHY IT TOOK SO LONG TO GET IT CORRECTED. >> JUST STATE YOUR NAME AND ADDRESS PLEASE. >> I'M JAMES SHANNON O'CONNOR. I AM THE TRUSTEE FOR THE JAMES JOHN O'CONNOR LIVING TRUST. I WASN'T NOTIFIED ON MAY 9TH, EVEN THOUGH GOING THROUGH THE MAIL AND SO FORTH, IT SEEMED TO GET FROM ONE PLACE TO ANOTHER. I DON'T KNOW EXACTLY WHY I KNOW THAT MISS RHYMES DOES A GREAT JOB AT WHAT SHE DOES. WE OWN A NUMBER OF PROPERTIES IN OUR PORTFOLIO. MY SISTER LIVES THERE. WE DON'T COMMUNICATE THAT OFTEN. [00:10:01] I DON'T KNOW EXACTLY THE TIME WHEN I WAS PUT ON THIS. I WANTED TO SAY SOMEWHERE IN MAYBE AUGUST OR SEPTEMBER. ALSO IS TIME IN WHICH WE HAD STORMS AND SO FORTH. I HAVE SUBMITTED TO MISS RHYMES, SOME PHOTOS THAT SHOWS THE COMPLETION OF THE JOB THERE ON 703 GARDEN STREET. THEN THERE WAS ALSO A CITATION FOR THE BOAT THAT WAS IN THE SIDE YARD, EVEN THOUGH IT'S DEPICTED OR UNDERSTANDING FROM THE CITY, AND I THINK THAT'S BEEN DONE AWAY WITH. >> YES. >> BECAUSE THE ADDRESS IS POSTED ON GARDEN STREET, BUT THE HOUSE FRONTS ON CLOSED MARINE STREET AND THE AMELIA RIVER. WITHIN THAT, WE AGREED THAT THAT WAS PERMISSIBLE, I SUPPOSE. BUT BACK TO THE SITING, IT TOOK A BIT TO DO THIS AFTER I WAS MADE AWARE OF IT. WE GOT ON IT. WE COMPLETED IT IN OCTOBER. DATE, I'M NOT EXACTLY SURE OF. BUT DO YOU HAVE PHOTOS OF THE COMPLETED JOB I SUBMITTED THEM LAST MONTH, I BELIEVE. I EMAILED THEM AND SO FORTH. IT'S A WHITE SIDED HOUSE AND SO FORTH, BUT ACTUALLY, WE GOT OUT THERE AND WE FIXED SOME MORE ON IT AND SO FORTH. BUT I DON'T KNOW IF YOU NEED ANY MORE FURTHER EXPLANATION ABOUT THE CITING. I DON'T MIND PAYING THE FEES THEMSELVES. THE FEES, MEANING THE ADMINISTRATION FEES, BUT GOODNESS, WHAT THE FINES WERE IS MORE THAN HALF OF WHAT IT TOOK TO FIX THE STRUCTURE. I DON'T EVEN KNOW WHAT THAT NUMBER IS AT THIS POINT, AND I APOLOGIZE FOR THAT, BUT THAT'S WHERE WE ARE WITH THIS. THEN THE MEETINGS GOT POSTPONED A COUPLE OF TIMES FOR HOLIDAYS AND WHATNOT. BUT I KNOW THAT IT WAS PUT ON A STAY. I GUESS I WAS HERE IN DECEMBER AND THEN JANUARY WAS CANCELED AND SO FORTH. >> WELL, ON JUNE 6TH, LIKE I SAID, ALL FOUND HIM OR SHE'D ALREADY FOUND HIM IN VIOLATION, BUT YOU ASSESSED A $50 A DAY FINE BEGINNING ON JUNE 9TH. BETWEEN JUNE 9TH AND OCTOBER 1ST, AT $50 A DAY, THE FINES CAME UP TO A TOTAL OF $5,650. THE ADMIN FEES ARE $270.60 ON THIS SHEET I HAVE HERE. I GUESS YOU NEED TO CONVEY TO THE BOARD AFTER THE FINES STARTED, WHAT WAS THE DELAY IN GETTING THAT WORK COMPLETED THAT BROUGHT THESE FINES INTO PLAY? >> YES, SIR. ASSUMING THAT I HAD RECEIPT OF THAT IN JUNE, I CAN GO BACK AND LOOK AT THAT. BUT WE HAD TWO FULL HURRICANES PLUS OTHER WEATHER THAT COME ABOUT FROM THE COAST AND THEN TRYING TO FIND MATERIALS AND SO FORTH. THAT'S ONE SITUATION. ACTUALLY, THE CITING HAD TO GET IT FROM TAMPA. THEN I HAD A FARM IN CENTRAL GEORGIA, THAT GOT OBLITERATED THERE. WE WERE TORN IN MANY DIRECTIONS, NOT THAT THAT NECESSARILY HAS ANYTHING TO DO WITH THIS PER SE, BUT IT WAS HARD TO GET LABOR OUT THERE. IT WAS HARD TO GET MATERIALS, AND EVERYTHING WAS ON ALLOTTED AND SO FORTH. THEN, LIKE I SAID, WE COMPLETED A SOMETIME IN THE I WOULD SAY EARLY OCTOBER. >> OFFICER WELLS. IS HE IN COMPLIANCE AT THIS POINT? >> YES, HE IS. >> THE STORMS THAT YOU REFERRED TO, DO YOU REMEMBER WHEN THEY WERE? >> I DO KNOW IN AUGUST. WE HAD ONE RIGHT BEHIND THE OTHER WITHIN TWO OR THREE WEEKS THERE. HELEN. >> TWO IN A ROW. >> YES. BUT THERE WAS ALSO PERIPHERAL STORMS THAT WE DIDN'T HAVE DIRECT HIT, BUT ALL OF THEM WENT UP THE WEST COAST OF FLORIDA. I THINK ABOUT THE OTHER ONE. BUT IT WAS RIGHT THERE CLOSE TO HELEN. HELEN IS THE ONE THAT DID THE MOST DAMAGE. I CAN'T THINK OF THE OTHER STORM OFF THE TOP OF MY HEAD. >> WHEN DID YOU OBTAIN KNOWLEDGE OF THE VIOLATION? >> NOT EXACTLY SURE BECAUSE IT COME AND THEN. >> YOU SAID AUGUST TO SEPTEMBER ON YOUR STATEMENT? >> YES. I WOULD SAY THAT'S A GOOD GENERAL TERM. BECAUSE IT WAS MISDELIVERED FOR ONE TIME AND THEN IT CAME. I BELIEVE THAT IT WAS REGISTERED AFTER THAT, BUT I STILL DIDN'T GET IT BECAUSE MY ADDRESS IS NOT THERE AT 703. ACTUALLY, THE LEGAL ADDRESS IS 2440 LYNNDALE ROAD, WHICH IS OUT BY THE CITY AIRPORT, ON THE INDUSTRIAL PARK OUT THERE ALSO. THAT'S WHERE THAT GOES. NO MAIL GOES TO THAT ADDRESS THERE. BUSINESS ADDRESS THAT IS OR BUSINESS MAIL FOR THAT ADDRESS. [00:15:01] >> IS THERE ANYTHING SIGNED THAT IT WAS RECEIVED? >> YES, THERE IS. IT SHOULD BE IN THE ORIGINAL PACK. >> IT'S NOT IN THIS. >> WELL, SHE CAN PULL THAT UP FOR YOU. >> THIS HOUSE IS BEING OCCUPIED BY YOUR SISTER? >> BY MY SISTER, YES. >> SHE WAS THERE DURING THIS WHOLE TIME? >> THAT IS CORRECT. >> BECAUSE YOU DON'T COMMUNICATE WITH HER, YOU DIDN'T RECEIVE ANYTHING? >> WELL, THAT'S CORRECT ALSO, BUT I KNOW IT'S PROBABLY A TECHNICALITY. BUT BEING ALL MAIL, IT HAS TO DO WITH ANYTHING ON THE REGISTERED PROPERTY OWNER THAT COMES TO 2440 LYNNDALE ROAD RATHER THAN THE PROPERTY ADDRESS ITSELF. IF IT DOES, HALF THE TIME I WOULD NEVER GET THE MAIL. >> IT LOOKS LIKE A JOHN O'CONNOR, WHICH I'M SURE SHE CAN PULL THAT UP. IT WAS IN THE PACKET ORIGINALLY. >> CHIP, THIS WAS GOING TO THIS HOME OR TO THIS OTHER ADDRESS AS YOU'RE REFERRING? >> THIS WAS GOING TO 2240 LYNNDALE ROAD. >> TWENTY-TWO, THAT'S NOT THE ADDRESS. >> WELL, THAT'S WHERE IT WAS SENT AND THAT'S WHERE IT WAS SIGNED. >> BUT YES, THE NUMBER WAS 2440. I KNOW THERE WAS PREVIOUS OTHER ONES BECAUSE IT'D COME IN THE MAIL LATER. TO THAT DATE, IF THAT WAS SIGNED BY SOMEONE THERE, THAT'S FINE. WHAT'S THE DATE ON THAT? >> WE RECEIVED IT BACK, MARCH 14TH. >> THAT'S WHAT WAS REGISTERED ON PROPERTY APPRAISERS. >> 2440 NOT 2240 OR WHAT. >> 2240 LYNNDALE ROAD? >> 2440. >> THAT ADDRESS SHOULD BE 2440 INSTEAD OF 2240? >> THAT'S CORRECT. IT'S 2440, IT'S CORRECT. >> I DON'T KNOW. THAT CAME STRAIGHT FROM THE PROPERTY APPRAISAL. >> WE'LL CONTACT THEM. THAT'S CORRECT? >> IT'S CORRECT. I GOT EVERYTHING THAT I USUALLY GET TO 2440. BUT I'M AT YOUR MERCY, WHATEVER YOU SAY, I WILL TRY TO COMPLY WITH. >> TO FOLLOW WHAT YOU'RE SAYING, YOU SAID AUGUST TO SEPTEMBER, YOU BECAME AWARE OF THIS AND THE JOB WAS COMPLETED WITHIN A MONTH. >> THEREABOUTS, SIR. >> I'M JUST CONFUSED AS TO WHEN HE GET THIS INFORMATION. >> IF IT'S SIGNED HERE, I WILL GO AND SAY THAT THAT IS A SIGNATURE FROM MY OFFICE NOW. WITH IT BEING STAMPED FROM THE POST OFFICE, I THINK THAT'S AS CLEAR AS IT GETS. >> THAT'S THE ONE ON THE BOTTOM, RIGHT, THAT HE'S TALKING ABOUT? >> WE LET HIM LOOK AT THIS. >> WHO WAS THE FIRST TIME YOU REMEMBER SPEAKING TO YOU ABOUT THIS? I'M TRYING TO REMEMBER. >> I DON'T RECALL, TO BE HONEST. >> THERE ARE ANY OTHER QUESTIONS THAT WE HAVE? >> YES, I HAVE A QUESTION. >> YES, SIR. >> MR. O'CONNOR, IS THERE A REASON WHY YOU HAVE NOT PROTESTED THE FINES BEFORE NOW? >> MAINLY BECAUSE OF NOTICE. NOW, I DIDN'T KNOW THERE WAS ANYTHING TO BE DONE AFTER IT WAS REPAIRED, SO IT JUST LINGERED, HOLIDAYS AND EVERYTHING ELSE GOING ON, LIKE I SAID, THESE STORMS. WE WE'VE BEEN ALL OVER THE STATE OF GEORGIA FOR FOR OTHER PROPERTIES THERE, BUT OTHERWISE, IT WAS FIXED AND JUST JUST DONE. >> TO MAKE SURE I'M CLEAR THEN, WHEN WERE YOU AWARE THAT THE WORK HAD BEEN DONE, THAT IT WAS WITHIN COMPLIANCE? >> WE DID AN INSPECTION ON THAT. I DON'T HAVE THAT RIGHT IN FRONT OF ME. >> I CAN PULL IT UP IF YOU GIVE ME A MOMENT. >> SURE. I THINK I MIGHT AS WELL FIND THAT TIMELINE TOO. >> MR. O'CONNOR, YOU WERE AT THE MEETING THAT YOU WERE FOUND IN VIOLATION. [00:20:02] >> WHICH ONE? >> THE MEETING THAT WE FOUND YOUR PROPERTY IN VIOLATION OF 42-117, AND THAT WAS THE MEETING THAT THEY DISREGARDED OR YOU WEREN'T HERE AT THAT MOMENT. >> THE FIRST TIME I WAS HERE WAS I RECEIVED A NOTICE THAT IT WAS COMING UP TO REDUCE. I'VE BEEN ON THE TELEPHONE WITH CITY ATTORNEY AT THE TIME, TAMMI BACH, AND THEN I SPOKE TO MS. RIMES A TIME OR TWO AND DID SOME EMAILS, CONVERSING BACK AND FORTH AND SO FORTH. BUT MY FIRST TIME THAT I CAME TO BE BEFORE THE BOARD WOULD HAVE BEEN IN DECEMBER AND IT WAS CANCELED BECAUSE OF LACK OF COHORT. BUT OTHERWISE, I HAVEN'T BEEN HERE. THIS IS MY SECOND TIME, COUNTING THAT FIRST IN DECEMBER. >> GOING BACK TO MR. RALPH'S QUESTION, WHEN WERE YOU AWARE THAT HE WAS IN COMPLIANCE? >> SHE'S LOOKING AT IT TO SEE WHEN THE INSPECTION WAS DONE. >> OCTOBER 1ST. >> OCTOBER 1ST? >> OCTOBER 1ST, 2024 IS THE INSPECTION. >> THE WAY YOU BECAME AWARE, WAS MR. O'CONNOR CALLING YOU? HOW DID THAT WHOLE THING HAPPEN? >> I BELIEVE I WENT OUT THERE AND JUST INSPECTED IT. I DIDN'T MAKE NOTICE TO THE CITY ABOUT IT, I GUESS I SHOULD HAVE. >> THAT'S WHEN THE FINE STOPPED, ON OCTOBER 1ST? >> WHEN DID THE WORK ACTUALLY GET COMPLETED? >> IT WENT TOWARDS THE FIRST MIDDLE OF OCTOBER. >> HE SAID OCTOBER 1. >> OR MAYBE IT WAS BEFORE THAT. >> OF COURSE, YOU GOT A LITTLE BIT LAZY ON THE OTHER ASPECTS HERE ABOUT TRYING TO TAKE CARE OF THERE, BUT GIVEN NOTICE AND THAT TYPE OF THING. >> OFFICER WELLS, DO YOU HAVE A RECOMMENDATION ON THIS THAT WE MIGHT CONSIDER? >> THE DIRECTOR AND MYSELF, WE TALKED ABOUT IT THIS MORNING AND WE THOUGHT A 50% REDUCTION WOULD BE A FAIR REDUCTION, PLUS ADMIN FEES. >> BASICALLY AROUND $3,000 IN FINES, AND I'M SHOWING YOU DIFFERENT ADMINISTRATIVE FEE COSTS THAN YOU. >> 28.25. >> [NOISE] AT LEAST HERE, IT'S 327, MAKES SENSE. >> I'M WORRIED BY THE LATEST ONE THAT I HAD THAT I BROUGHT TO THE BOARD THAT TIME WHICH SHOWED A TOTAL OF 56.50 FOR THE FINES AND 27.60 FOR THE ADMIN FEES. >> THAT ADMIN FEE IS 270.60. [OVERLAPPING] >> $270.60. >> THE FINE IS AGAIN, 5,000. >> 28.25. >> YEAH, $5,650. THAT'S FROM JUNE 9TH TO OCTOBER 1ST, $50 A DAY. >> DOES ANYONE ELSE HAVE ANY QUESTIONS FOR EITHER OFFICER WELLS OR FOR MR. O'CONNOR, OR DO YOU HAVE ANY QUESTIONS FOR US? >> ACKNOWLEDGE YOU HAVE SOMETHING? >> WELL, THERE WAS SOME NOTES IN THE STAFF REPORT OF MAY THAT FOR ANOTHER REASON, HE WOULD CALL ME, I WOULD BE OUT. I WOULD CALL HIM, LEAVE HIM A MESSAGE, AND I THINK WE PLAYED PHONE TAG FOR A MONTH. [NOISE] >> OFFICER WELLS, THAT WAS DURING THE MONTH OF MAY, THE PHONE CALL? >> YES. THAT WAS ACTUALLY IN MARCH. IT STARTED MARCH 27TH, I BELIEVE A VOICE MAIL FROM MR. O'CONNOR. THEN I CALLED MR. O'CONNOR ON APRIL 11TH, AND THEN I PLACED ANOTHER CALL ON APRIL 23RD. THEN THE OWNER CALLED ME ON MAY 2ND, LEFT ME A VOICE MAIL. >> IN MARCH 27TH. >> MARCH 27TH, A VOICE MAIL FROM MR. O'CONNOR. I ACTUALLY WENT BY YOUR PLACE OF BUSINESS. >> HE DID. IT WAS LATER IN THE YEAR ALSO. [OVERLAPPING] HE HAND-DELIVERED TO ME. YES, SIR. [00:25:01] >> WELL, IF THERE'S NOTHING ELSE, THEN I THINK WE SHOULD CLOSE THE OPEN ASPECT OF THIS CASE AND BRING UP THE DISCUSSION TO THE BOARD AND COME TO A CONCLUSION. [NOISE] >> I REALLY COULDN'T THINK TO WHEN WAS HE NOTIFIED, WHICH THEY SENT IT TO THE WRONG ADDRESS, SO WE REALLY CAN'T GO BY THAT DATE. >> THIS IS BEING RECORDED. >> [OVERLAPPING] JUST MAKE SURE YOU USE THE MICROPHONE. >> DOES IT HAVE TO BE ON, THIS THING? >> YOUR MIC, SIR. >> THAT'S ON. >> THAT'S THE LIGHT TO INDICATE THAT YOU WOULD LIKE TO BE HEARD. >> I WAS SAYING IT COMES DOWN TO WHEN WAS HE NOTIFIED. APPARENTLY, THEY SENT THE ORIGINAL NOTIFICATION TO THE WRONG ADDRESS, AND IT WAS SIGNED BY SOMEBODY, SO WE DON'T REALLY KNOW WHEN HE GOT IT. ALTHOUGH PRESUMABLY, IF THERE'S PHONE CALLS GOING BACK AND FORTH, YOU'RE TRYING TO CONTACT EACH OTHER FOR SOMETHING, AND THAT STARTED IN MARCH, APRIL. >> I'M COMFORTABLE WITH BASICALLY A 50% REDUCTION OF THE FINES. I THINK THAT'S MORE THAN FAIR AND UNCOMFORTABLE WITH THEM. >> I'M NOT. >> I THINK IT IS EXCESSIVE, AND I RECOMMEND FINING HIM FOR 20 DAYS PLUS ADMIN FEES, WHICH IS SUBSTANTIALLY LESS THAN ONE YEAR, SUGGESTING. >> HOW DID YOU ARRIVE AT THAT NUMBER, IF I MIGHT ASK, 20 DAYS? >> I DID NOT ARRIVE AT IT THROUGH AN ALGORITHM. [LAUGHTER] I JUST THINK THAT IN TOTALITY, THE FINE IS EXCESSIVE. WE HAVE A PERSON WHO WAS WILLING TO WORK WITH US, WHO'S DONE THE WORK. YES, THERE WAS A LOT OF MISCOMMUNICATION AND YES, HE PROBABLY SHOULD HAVE FOLLOWED UP, BUT I JUST THINK THAT FINE IS VERY EXCESSIVE. I COULD HAVE SAID $1,000 FINE INSTEAD OF 5,600, BUT I JUST SAID 20 DAYS, WHICH IS FOUR BUSINESS WEEKS. >> FOR DISCUSSION, WHICH IS WHERE WE'RE AT RIGHT NOW, MEMBER THOMPSON, YOU WANTED TO RECOMMEND 50% REDUCTION OF THE 50% REDUCTION, $1,412 FOR FINES AND THEN THE ADMIN FEES. IS THAT CORRECT? >> YEAH. >> THEN MEMBER FOTIADES IS TALKING ABOUT $1,000 FINE, 20 DAYS, AT $50 PER DAY AND THEN THE ADMINISTRATIVE FEES AT $270.60. THAT'S WHAT WE HAVE SO FAR. ARE THERE ANY OTHER SUGGESTIONS OR DOES ANYONE WANT TO PUT FORTH A MOTION? >> I'LL PUT FORWARD A MOTION. WE FIND THIS PROPERTY IN VIOLATION, REDUCE THE FINE TO A FLAT $1,000 PLUS ADMIN FEES. >> JUST FOR CLARIFICATION, THE PROPERTY WAS PREVIOUSLY FOUND IN VIOLATION. ARE YOU FINDING IT'S NOW IN COMPLIANCE? >> YES. >> IS THERE A SECOND TO THAT MOTION? >> I'LL SECOND IT. >> CAN WE GET A ROLL CALL, PLEASE? READING BACK OF WHAT WE'RE TALKING ABOUT DOING HERE, WHICH IS A FINE OF 20 DAYS, $50 A DAY FOR A TOTAL OF $1,000 IN FINES, AND THEN ADMINISTRATIVE FEES OF $270.60. IS THAT CORRECT? >> CORRECT. >> WHO SECOND IN THE MOTION? >> I DO. >> THANK YOU. FIND THE PROPERTY IN COMPLIANCE, BUT 20 DAYS AT $50 PER DAY, REDUCING THE FINE TO $1,000 PLUS ADMINISTRATIVE FEES OF $327.58? >> NO, $270. NOW THE ADMINISTRATIVE FEES, WHICH I THINK OFFICER WELLS HAS, [OVERLAPPING] $270.60, SO IF WE COULD AMEND THAT. >> IS THAT IN THE PREVIOUS BUDGET? >> YES. [OVERLAPPING] >> NO, IT'S NOT. >> GEN 1. >> THIS IS THE [INAUDIBLE] >> BUT THIS ONE HERE, THIS IS THE ONE THEY COME IN COMPLIANCE IS GEN 1. THERE SHOULDN'T BE ANY ADDITIONAL ADMIN FEES OR FINES. [00:30:12] THE ADMIN FEES WERE 270.60. >> CORRECT. >> MR. FOTIADES IS RECOMMENDING 20 DAYS AT $50 A DAY. >> MEMBER POSTMA? >> YES. >> VICE CHAIR FOTIADES? >> YES. >> MEMBER THOMPSON? >> YES. >> CHAIR STINES? >> YES. >> MEMBER FINKELSTEIN? >> YES. >> SORRY ABOUT THAT. >> WE MOVE ON TO SOME NEW BUSINESS. [5.1 GATEWAY TO AMELIA HOSPITALITY LLC, 960108 GATEWAY BLVD, CASE 2024-0300] ON THE AGENDA 5.1, GATEWAY TO AMELIA HOSPITALITY. IT'S CASE 2024-0300, DUTY TO MAINTAIN PROPERTY. OFFICER WELLS? >> DID WE BRING THIS BEFORE THE BOARD BEFORE OR WE GOT CANCELED OUT? >> GOT CANCELED. >> THIS ONE HERE, I'D LIKE TO JUST SUBMIT ALL OF OUR EVIDENCE AND DOCUMENTS IN THE PUBLIC RECORD FOR CASE NUMBER 2024-0300, GATEWAY TO AMELIA HOSPITALITY. THIS IS THE HOLIDAY INN THAT'S OUT THERE BY [OVERLAPPING] THAT RESTAURANT, GATEWAY TO AMELIA. >> CANTINA LOUIE. >> CANTINA LOUIE. JUST SO YOU'LL KNOW WHAT WE'RE TALKING ABOUT, THEY WERE GOING HEAD STRONG HERE FOR A LONG TIME AND THEN I DON'T KNOW EXACTLY WHAT HAPPENED WITH THE PROPERTY, BUT IT WENT STAGNANT. THE PLACE WAS A MESS, IT WAS OVERGROWN. THERE WAS MATERIALS AND EVERYTHING LAYING AROUND, BUT WE GOT INVOLVED WITH A COMPLAINT ON OCTOBER 25TH, 2024. THE PROPERTY WAS VERY OVERGROWN, NEEDED TO BE CUT AND CLEANED, THERE WERE REPORTED PHOTOS OF THE VIOLATION. OCTOBER 30TH, WE MAILED OUT A CERTIFIED LETTER TO THE OWNER, GIVING THEM 30 DAYS TO COME INTO COMPLIANCE. NOVEMBER 18TH, OUR OFFICE RECEIVED THE GREEN CARD RECEIPT BACK WITH A SIGNATURE, GIVING US PROPER SERVICE. ON NOVEMBER 26TH, I SENT AN EMAIL TO THE OWNER, HIS NAME IS BAVA KAPIL, INQUIRING ABOUT THE STATUS OF THE PROPERTY. I'VE NOT HEARD BACK FROM HIM. NOVEMBER 27TH, I PERFORMED THE PRE-AGENDA INSPECTION OF THE PROPERTY. PROPERTY IS STILL IN VIOLATION OF 42-116. A PRE-AGENDA INSPECTION WAS DONE ON JANUARY 29TH OF 2024, THAT MUST BE 2025. IT WAS CONDUCTED AND PROPERTY STILL REMAINS IN VIOLATION. THEN, OF COURSE, WE RESCHEDULED THIS HEARING UNTIL TODAY. THE SITE HAS BEEN PARTIALLY CUT. THEY WENT OUT AND CUT IT PARTIALLY, PROBABLY 50% OF IT, BUT THEY DID NOT DO THE BALANCE OF IT. THERE'S A LOT OF OVERGROWTH, AND IF YOU COULD SHOW THAT PICTURE, THE PICTURES [INAUDIBLE]. THERE BEING A RESTAURANT NEXT DOOR, YOU'VE GOT OVERGROWTH, YOU'VE GOT HARBORAGE OF RODENTS AND RATS AND WHATEVER. >> KEEP GOING. >> THAT'S THAT'S WHERE IT WAS CUT. I TOOK PICTURES OF BOTH. SCROLL THROUGH THEM IF YOU CAN. YOU CAN SEE OVERGROWTH THERE, OVERGROWTH TO THE LEFT. THIS IS WHERE THEY RAN THEM OVER THROUGH THERE AND CUT TO MAKE IT LOOK LIKE IT THEY WERE DOING SOMETHING. >> IS THERE SIGNS OF LIFE IN THIS BUILDING? >> WELL, THE BUILDING ITSELF HAS GOT BUILDING DEPARTMENT ISSUES. I DON'T KNOW WHERE IT'S GOING TO GO FROM HERE. THEY DID REMOVE ALL THE CONTAINERS THAT WERE THERE AT ONE TIME. BUT NOW, LIKE I SAID, THEY'RE NOT MAINTAINING AROUND THE EDGES, AND AND THAT'S WHERE THE BUSINESSES THAT COME UP ASIDE IS AFFECTED BY THE OVERGROWTH. >> OFFICER WELLS, HAVE YOU HAD ANY CONVERSATIONS WITH THE OWNER? >> ALL BY EMAIL. THEY ARE IN JACKSONVILLE. AT ONE TIME, WE THOUGHT THEY WERE GOING TO BE FORECLOSED UPON, BUT THAT HAS BEEN BEARING ON THIS CASE. >> IS THIS OWNED BY AN INDIVIDUAL OR BY A CORPORATION? [00:35:01] >> WELL, IT'S OWNED BY GATEWAY TO AMELIA HOSPITALITY, LLC. THEY'RE IN COMMONWEALTH AVENUE IN JACKSONVILLE, FLORIDA. [BACKGROUND] CRYSTAL HAS HAD CONVERSATIONS WITH THE OWNER, BAVA KAPIL >> WHAT WERE THOSE CONVERSATIONS? >> I BELIEVE, JUST TRYING TO RETURN A CALL THAT HE'S MADE TO HIM. I DIDN'T REALLY GO IN A LOT OF DETAILS, BUT I THINK I DID INFORM HIM ABOUT THE AGENDA THAT HIS CASE WAS GOING BEFORE. WHEN WAS IT, JANUARY, ORIGINALLY? >> JUST THE COMMENT FOR THE BOARD. >> MS. RIMES IS NOT A WITNESS IN THIS PROCEEDING, SO WE CAN'T RELY ON ANYTHING SHE HAS BEEN SWORN YET. >> THANK YOU. >> FAIR ENOUGH. YOUR RECOMMENDATION IS? >> THE RECOMMENDATION IS THAT WE FIND A VIOLATION OF 42-116, DUTY TO MAINTAIN PROPERTY, GIVING THEM AN ADDITIONAL 30 DAYS TO COME INTO COMPLIANCE BY MARCH 8TH, 2025. 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 9TH, IF NOT IN COMPLIANCE BY MARCH 8TH. BASICALLY, WE'RE GIVING THEM A 30 ADDITIONAL DAYS TO COME IN AND CLEAN UP THE REST OF IT. >> [NOISE] QUESTION. OTHER THAN APPEARANCE, ARE THERE ANYTHING THAT IS ULTRA DANGEROUS HERE? >> WELL, THE ASSOCIATION MANAGER, OR WHATEVER YOU WANT TO CALL THAT COMMERCE PARK, HE'S THE ONE THAT ORIGINALLY PUT THE COMPLAINT IN. >> THE FENCE LOOKS LIKE IT'S IN SERIOUS DISREPAIR. >> LIKE I SAID, IT WAS QUITE A BIT MORE OVERGROWN. NOW THAT WINTERS HIT AND THE FREEZE HAVE HIT, IT'S KNOCKED A LOT OF THE STUFF DOWN BECAUSE I IT WAS SEVERAL FEET HIGH. >> HOW LONG DO YOU THINK IT'S BEEN IN THIS CONDITION? >> WHENEVER THEY STOPPED WORKING ON IT AND THAT'S BEEN OVER A YEAR. >> IS THERE ANY COMMUNICATION, MICHELLE, BETWEEN THE CITY AND PERMITTING AND WHAT'S GOING ON THERE AS OPPOSED TO JUST A CODE ENFORCEMENT ASPECT OF IT? >> I HAVE NOT HEARD ANYTHING RELATED. >> THIS IS A SAFETY HAZARD. THIS IS BAD. [NOISE] >> [OVERLAPPING] LIKE I SAID, I COULD GET THROUGH THAT FENCE AT 61. >> WHO KNOWS IF THERE'S PEOPLE IN THERE? >> BUT THAT'S BEYOND WHERE WE'RE AT HERE. >> YES. >> ARE THERE ANY OTHER QUESTIONS FOR OFFICER WELLS? >> JUST FOR MY BENEFIT, IS THIS BUILDING PAID FOR IN THE STATE THAT'S IN NOW OR IS IT UNDER A MORTGAGE? >> I COULDN'T TELL YOU THAT. YOU CAN SEE ON THE FENCE RIGHT THERE WHERE WE POSTED IT, SINCE WE MISSED SO MANY DIFFERENT MEETINGS, WE SENT THEM VIA EMAIL, WE SENT THEM VIA CERTIFIED MAIL AND LIKE I SAID, THAT'S THE ACTUAL POSTING I ACTUALLY PUT ON THE FENCE FOR THAT PROPERTY BECAUSE WE WANT TO MAKE SURE THAT THEY WERE LEGALLY NOTIFIED. >> JUST TO REITERATE, YOUR RECOMMENDATION IS $50 A DAY FINE STARTING ON MARCH 8TH AND THEN ADMINISTRATIVE FEES? >> YEAH. [OVERLAPPING] >> IF THEY DO NOT COME TO COMPLIANCE? >> YEAH. >> [NOISE] IS THERE ANYBODY HERE FROM THE DEFENDANT? >> I DON'T BELIEVE SO. >> [OVERLAPPING] THEY HAD STARTED ON IT. YOU CAN SEE WHERE THEY STARTED CUTTING. I DON'T KNOW WHY THEY DIDN'T FINISH IT, BUT I WOULD SEE THERE WOULD BE NO PROBLEM IN 30 DAYS FOR THEM TO GET THIS FINISHED. >> I DON'T KNOW. >> AGREE. >> BECAUSE WE'RE GOING TO BE IN COMMUNICATION WITH THEM FOR NEXT WEEK FOR SURE. BUT LIKE I SAID, MOST OF THAT IS DONE BY EMAIL BECAUSE THAT'S THE BEST WAY TO GET IN TOUCH WITH THEM. >> YOU HAVE A MOTION? >> I HAVE A MOTION TO FIND THIS PROPERTY IN VIOLATION AND TO PROVIDE 30 DAYS TO COME INTO COMPLIANCE. IF THEY DO NOT COME INTO COMPLIANCE IN 30 DAYS, WHICH WILL BE MARCH 8TH, THEY WILL BE SUBJECT TO A $50 A DAY PENALTY. >> I'LL SECOND THAT. >> UNTIL THE WORK IS COMPLETED. >> I'LL SECOND THAT AS AMENDED. [00:40:06] >> THIS IS AN EYESORE AND A DANGER TO THE COMMUNITY. >> THIRTY DAYS TO COME INTO COMPLIANCE BY MARCH 8TH, ALL ADMINISTRATIVE FEES TO BE PAID, $50 BEGINNING ON MARCH 9TH, IF NOT IN COMPLIANCE BY MARCH 8TH. >> CITY ATTORNEY, I HAVE A QUESTION JUST TO MAKE SURE. IF THERE'S SOMETHING I'D LIKE TO ADD TO THAT FOR DISCUSSION, DO WE HAVE TO LET THAT, SINCE IT HAS BEEN SECONDED, TO COME TO VOTE, OR CAN WE PAUSE? >> AS A POINT OF ORDER, YOU COULD ASK FOR A FRIENDLY AMENDMENT TO THE MOTION. >> I'D LIKE TO MAKE A FRIENDLY AMENDMENT TO THE MOTION FOR CONSIDERATION IF THEY'RE AGREEABLE TO IT? >> YES. >> I THINK THE FINE SHOULD BE $100 A DAY. I DON'T THINK $50 A DAY IS GOING TO GET THIS PERSON'S ATTENTION. THIS ISN'T JUST A HOMEOWNER WHO'S TRYING TO GET THINGS DONE. >> CORPORATE. >> THIS IS REALLY A BAD SITUATION THAT COULD REALLY CREATE PROBLEMS DOWN THE ROAD, ALTHOUGH THAT'S NOT OUR ROLE, BUT I THINK THAT $50 A DAY MAY NOT GET THE ATTENTION, MAYBE $100. THAT'S WHAT I WANT TO STATE. >> MIGHT I MAKE AN ADDITIONAL FRIENDLY A MINUTE? [LAUGHTER] >> MAYBE AS A POINT OF ORDER, HOW ABOUT A DISCUSSION? THEN YOU CAN EITHER VOTE DOWN THE MOTION IF YOU WANT TO MAKE A NEW MOTION. >> I JUST THINK WE MIGHT WANT TO DEFINE WHAT COMPLIANCE IS GOING TO BE HERE BECAUSE IF THEY JUST MOW IT DOWN AND LEAVE ALL THE MATERIALS THERE AND THE PORTA-JOHN AND EVERYTHING ELSE, WITHIN A MONTH COME SPRINGTIME, IT'S GOING TO BE BACK TO THE WAY IT IS. I THINK WE OUGHT TO PUT SOME TEETH IN THERE THAT SAYS THAT IT WILL BE MOWED ON A PERIODIC BASIS, NO LESS THAN A MONTH MOVING FORWARD ONCE THEY COME INTO COMPLIANCE. ADDITIONALLY, ALL THE MATERIAL IS MOVED FROM THE SITE AND REGULAR SECURITY TO ENSURE THAT IT'S NOT BECOMING A HEALTH HAZARD OR A BEACON FOR THE HOMELESS. >> WOULD WE NEED OFFICER WELLS TO GO BACK OUT? >> THERE NEEDS TO BE A CLEAR CURE TO IT. THIS ISN'T AN ONGOING WHERE YOU'RE GOING TO BE BABYSITTING THEM OR POLICING THEM. THE CODE ENFORCEMENT'S JOB IS TO MONITOR AND TO RESPOND TO ANY COMPLAINTS AND FIND ANY COMPLIANCE AND BRING IT BEFORE YOU. I WOULD SAY THAT THOSE CONDITIONS ARE NOT SOMETHING THAT WOULD BE TENABLE. >> MICHELLE FORSTROM FROM CODE ENFORCEMENT. THE OTHER POSSIBLE PART OF THIS IS THAT IF THEY WERE FOUND IN VIOLATION AGAIN, THAT IS CALLED A REPEAT VIOLATION. WE GIVE THEM NO TIME TO COME INTO COMPLIANCE. WE SEND OUT A NOTICE OF REPEAT VIOLATION, NOTICE OF HEARING COMES BEFORE YOU. YOU CAN ACTUALLY FINE THEM UP TO $500 A DAY ON A REPEAT. ON A REGULAR ONE, YOU CAN FINE THEM UP TO $250, SO IT'S TOTALLY UP TO YOU. YOU CAN PRETTY MUCH PUT WHATEVER CONDITIONS YOU WANT TO ON THAT, BUT I JUST WANTED YOU TO BE AWARE THAT THAT REPEAT, WE DON'T USE VERY OFTEN BECAUSE USUALLY THEY BEHAVE, NOT ALWAYS. BUT THAT IS AN OPTION FOR THE FUTURE. DO YOU HAVE ANY QUESTIONS? >> ONE QUESTION I HAVE, WITH RESPECT TO WHAT YOU HAD SAID, IS THE ONLY VIOLATION THE GROWTH AND MOWING IT DOWN, OR ARE THEY IN VIOLATION OF OTHER THINGS? >> AT THIS TIME, IT'S THE OVERGROWTH. NOW, PREVIOUS CITATIONS THAT WE DIDN'T SEND OUT, NOTICE OF VIOLATION, NOTICE OF HEARING WERE OTHER THINGS THAT RELATED TO OUTSIDE STORAGE AND CONTAINERS ON THE PROPERTY AND LANDS, AND ALL THAT STUFF HAS BEEN REMOVED. >> IF THEY MOW EVERYTHING DOWN, THEN THEY'RE NO LONGER IN VIOLATION. >> CLEAN IT UP. [OVERLAPPING] >> BUT IF THEY ONLY DO IT ONE TIME AND SUMMER COMES, IT WILL BE BACK AND THAT WOULD BE A SECOND ONE. >> CHIEF, LET ME ASK YOU THIS. IS THE BUILDING SECURE? ARE THERE OPEN DOORS, WINDOWS? >> WELL, WE CAN'T TRESPASS ON THE PROPERTY. >> FROM YOUR VISUAL. >> I CAN'T SEE IT. LOOKS LIKE ON THAT PHOTO THERE, THE FRONT WINDOW IS BOARDED UP. >> THERE HAS BEEN ISSUES IN THE PAST. >> THANK YOU VERY MUCH. >> YOU HAD CONVERSATION VIA EMAIL WITH THE OWNERS? [00:45:01] >> YES. >> WHAT WAS THE TONE ANTENNA? >> WELL, HE'S ALWAYS BEEN LIKE HE WAS VERY FORMAL. HE WAS GOING TO TAKE CARE OF EVERYTHING THAT WE ASKED HIM TO DO. FROM HIS STANDPOINT, HE WAS ALWAYS VERY POSITIVE ABOUT THE SITUATION BECAUSE I BELIEVE I EVEN ASKED HIM IF IT WAS GOING INTO RECEIVERSHIP OR FORECLOSURE BECAUSE I'VE HEARD THAT, WHICH THAT HAD NO BEARING ON THIS. HE SAID, NO, WE'RE SOLVENT, AND WE'RE COMMITTED TO FINISHING THIS PROJECT, WHICH HAS NOTHING TO DO WITH THIS CASE, BUT I THINK THERE'S SO MANY PROBLEMS ON THE INSIDE AS FAR AS MOLDS AND OTHER THINGS. I'M NOT SURE IF THEY'RE GOING TO BE ABLE TO OVERCOME THAT. BUT THAT HAS NOTHING TO DO WITH THE 42-116 THAT WERE IN VIOLATION, BUT THIS MAYBE A PROPERTY THAT MAYBE DERELICT THAT, I DON'T KNOW, MAY STAY LIKE THIS, BUT WHO KNOWS HOW LONG. BUT THEY'RE GOING TO HAVE TO MAINTAIN IT REGARDLESS, AS LONG AS THEY OWN IT. >> I THINK OUR FIRST ORDER OF BUSINESS IS WE HAD A MOTION IN PLAY THAT HAS BEEN SECONDED. IF WE COULD GET A REPEAT OF THAT, I THINK IT WAS $50 PER DAY. [OVERLAPPING] >> BEGINNING ON MARCH 9TH? >> YES, PLUS ADMIN FEES. WE NEED TO VOTE ON THAT BEFORE WE POSSIBLY PUT FORTH ANOTHER MOTION. >> MEMBER POSTMA? >> NO. >> VICE CHAIR FOTIADES? >> NO. >> MEMBER THOMPSON? >> NO. >> CHAIR STINES? >> NO. >> MEMBER FINKELSTEIN. >> NO. >> THAT MOTION HAS BEEN REJECTED. IS THERE A NEW MOTION? >> I THINK ONE OF US HAS TO DO IT. [NOISE] I WOULD MAKE A MOTION THAT WE SET THE FINES AT $100 PER DAY, STARTING ON MARCH 9TH, FOR THE PROPERTY TO COME INTO COMPLIANCE. >> PLUS ADMIN FEES. >> PLUS ADMIN FEES. THANK YOU. >> WILL YOU SECOND THEN? >> I'LL SECOND IT. >> MEMBER OF POSTMA? >> YES. >> MEMBER FINKELSTEIN? >> YES. >> VICE CHAIR FOTIADES? >> YES. >> MEMBER THOMPSON? >> YES. >> CHAIR STINES? >> YES. NEXT ORDER OF BUSINESS IS DONNA PERKINS, [5.2 DONNA PERKINS, 2673 GREGOR MCGREGOR BLVD, CASE 2024-0293] 2673 GREGOR MCGREGOR BOULEVARD. IT IS CASE 2024-0293, VIOLATION OF THE CITY OF FERNANDINA BEACH CODE OF ORDINANCES, SECTION 42-117. OFFICER WELLS? >> YES. THANK YOU. AT THIS TIME, I'D LIKE TO SUBMIT ALL OF OUR EVIDENCE INTO RECORD FOR THIS PARTICULAR CASE 2024-0293, 2673 GREGOR MCGREGOR BOULEVARD. THE HOMEOWNER IS ACTUALLY WITH US TONIGHT, AND I'M GOING TO GO THROUGH THE STAFF REPORT AND THEN SHE'S GOING TO SPEAK ON HER BEHALF. ON OCTOBER 21ST, '24, I OBSERVED A PROPERTY THAT MULTIPLE SECTIONS OF THE PRIVACY FENCE. CAN YOU BRING THAT UP? PRIVACY FENCE THAT HAD BLOWN OVER FROM THE LATEST STORM. I ALSO OBSERVED DAMAGE TO THE FASCIA, THE SOFFIT, AND ROOF AS WELL, AND I RECORDED PHOTOS OF THE VIOLATIONS. OCTOBER 22ND, 2024, I MAILED OUT A CERTIFIED LETTER TO THE OWNER, GIVING HER UNTIL DECEMBER 2ND, 2024 TO COME INTO COMPLIANCE. ON THE 24TH OF OCTOBER, I CALLED MS. PERKINS ABOUT THE MULTIPLE ISSUES THAT WERE IN VIOLATION. SHE EXPLAINED SHE WAS WAITING ON AN INSURANCE ADJUSTER TO COME OUT AND INSPECT THE DAMAGE DONE TO THE HOUSE AND PROPERTY. NOVEMBER 5TH, WE RECEIVED THE GREEN CARD BACK WITH HER SIGNATURE ON IT. NOVEMBER 26TH, I CALLED MS. PERKINS AGAIN, ASKING ABOUT THE STATUS OF THE REPAIRS. SHE EXPLAINED THAT THE INSURANCE COMPANY WAS NOT BEING VERY COOPERATIVE WITH THE CLAIM. I ASKED MS. PERKINS TO COME TO THE DECEMBER 6TH HEARING AND EXPLAIN HER SITUATION TO THE CODE ENFORCEMENT BOARD. THE 27TH OF NOVEMBER, I CONDUCTED A PRE-AGENDA INSPECTION, VIOLATIONS WERE STILL PRESENT, NOTHING WAS CORRECTED. DECEMBER 5TH, SAME THING, STILL IN VIOLATION. JANUARY 29TH, I DID A SECOND PRE-AGENDA INSPECTION, AND THE PROPERTY WAS STILL IN VIOLATION. I UNDERSTAND THAT SHE'S DEALING WITH THE INSURANCE COMPANY AND THE INSURANCE COMPANY IS BEING VERY DIFFICULT WITH HER ABOUT THE CLAIM. [NOISE] I'M VERY SYMPATHETIC WITH THAT FOR HER, AND THAT'S THE REASON I WANTED HER TO COME BEFORE YOU TO SPEAK. BUT MY RECOMMENDATION IS THAT YOU FIND HER IN VIOLATION OF 42-117, GIVING HER 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY MARCH 8TH. THEN THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES PAID BY THE RESPONDENT IN A FINE OF $50 PER DAY TO BEGIN ON MARCH 9TH, [00:50:01] IF NOT IN COMPLIANCE BY MARCH 8TH. MS. PERKINS, IF YOU COULD COME TO THE PODIUM AND ADDRESS THE BOARD. >> THE DAY AFTER THE STORM. >> SORRY. [OVERLAPPING] >> WE NEED YOU TO GIVE YOUR NAME AND YOUR ADDRESS, PLEASE. >> MY NAME? >> YES. >> DONNA PERKINS, 2673 GREGOR MCGREGOR, FERNANDINA BEACH 32034. >> THANK YOU. >> THE DAY AFTER THE STORM, I CALLED MY INSURANCE COMPANY AND EVERYTHING WAS FINE. THEY WERE GOING TO SEND AN ADJUSTER OUT. WELL, SEVERAL MONTHS LATER, NO ADJUSTER. THEN THE INSURANCE COMPANY TOLD ME THEY WERE SORRY, THAT IT SHOULD HAVE BEEN SETTLED IN 30 DAYS, ON AND ON. GREAT AMERICAN INSURANCE IS MY COMPANY. THEY'VE DONE NOTHING, SO THE ONLY THING THAT I CAN DO AT THIS POINT IS GET AN ATTORNEY BECAUSE I'VE CLEANED UP THE YARD AS GOOD AS I CAN, BUT I CAN'T AFFORD RIGHT NOW TO PUT A NEW ROOF ON. I COULD PROBABLY PUT FENCE PANELS UP, AND I HAVE A SWIMMING POOL THERE, AND THAT'S BEEN DRAINED. BUT THE STORIES THAT THEY'VE TOLD ME ON AND ON HAVE JUST BEEN A PACK OF LIES, AND THE INSURANCE HAS ALWAYS BEEN PAID. I PAY IT FOR THE WHOLE YEAR, LIKE I PAY MY TAXES, AND JUST ONE STORY AFTER ANOTHER, AND NOTHING EVER PLAYS OUT. NOTHING NEVER HAPPENS. I DON'T KNOW WHAT TO DO, REALLY, BECAUSE AT ONE POINT IN TIME, THEY SAID, FIX EVERYTHING AND WE'LL SEND YOU A CHECK FOR IT. WELL, THAT'S THE REASON I HAVE INSURANCE BECAUSE IF SOMETHING HAPPENED, I DON'T HAVE THE MONEY TO FIX EVERYTHING. I HAVE HUGE PIECES OUT OF MY ROOF. THAT NIGHT, I WAS JUST HOME FROM THE HOSPITAL. I HAD A TERRIBLE ACCIDENT, BROKE BOTH MY LEGS AND ALL MY RIBS, HAD A CONCUSSION AND BROKE MY BACK IN A ACCIDENT. I WAS TERRIFIED. THERE WAS 40 MILE AN HOUR WINDS COMING AROUND MY HOUSE, AND THE WINDOWS WERE BREAKING, AND RAIN WAS COMING IN, AND WIND WAS COMING IN, AND IT WAS TEARING MY HOUSE UP. BUT I DON'T REALLY KNOW WHAT TO DO OTHER THAN GET AN ATTORNEY AND SEE WHERE WE CAN GO FROM THERE. GIVE ME TIME TO DO THAT. >> MS. PERKINS, WHEN WAS THE LAST TIME THAT YOU SPOKE WITH THE INSURANCE COMPANY? >> THE LAST TIME I SPOKE TO HIM WAS LAST WEEK. THIS IS EXACTLY WHAT HE TOLD ME. HE SAID, "I WANT TO TELL YOU SOMETHING, I WOULD BE FIRED IF THEY KNEW I SAID THIS. THE LADY THAT SIGNS THE CHECKS FOR REPAIRS, SHE'S GOT A STACK HERE, AND SHE'S GOT A STACK THERE." SHE GOES, SHE DOESN'T EVEN READ IT, I'M PAYING THIS, I'M PAYING THIS, I'M NOT PAYING THIS, NEVER LOOKING AT IT. THAT'S EXACTLY WHAT HE TOLD ME. I KEEP CALLING, AND HE'S TOLD ME THAT WHEN THE ADJUSTER CAME OUT, HE ONLY CAME OUT FOR WIND, DIDN'T COME OUT FOR RAIN. WELL, THE HURRICANE IS WIND AND RAIN. THAT'S ALL I KNOW, BUT I KEEP CALLING. >> I HAVE A QUESTION. IF WE LOOK AT THE HOME ITSELF, WITH THE DAMAGE THAT YOU CAN SEE IN THE FASCIA AND ALL OF THAT, YOU'RE SAYING THIS IS ALL PART OF WHAT HAPPENED WITH THESE TWO BACK-TO-BACK STORMS WE HAD, AND THAT NONE OF THAT WAS THE CASE BEFORE THE STORM? >> NO. >> DO YOU LIVE IN THIS HOME OR DO YOU RENT THIS HOME? >> I LIVE THERE. >> YOU LIVE HERE? >> YES. >> YOU'RE TELLING US THAT ALL OF THIS DAMAGE IS FROM THE STORMS? >> YES. THE DAMAGE WAS FROM THE STORMS. NOW, WHEN SOME OF THE EAVES WERE TORN OFF, THEY TOLD ME THAT WOOD WAS ROTTEN UNDER THERE. >> CHIP, DID YOU NOT PRESENT THIS HOUSE PREVIOUSLY BECAUSE OF THE RAILINGS AND THE STAIRS AND ALL THAT? >> YEAH. THAT WAS A PREVIOUS CASE. >> SAME OWNER? >> YES, AND SHE CORRECTED THOSE VIOLATIONS. >> I JUST DON'T SEE ALL THIS DAMAGE BEING CAUSED BY THESE TWO STORMS, THERE'S JUST WAY TOO MUCH DAMAGE AND DISREPAIR. WHAT IS THE STATUTE ON HAVING A UNFENCED POOL? >> WELL, I'M NOT COMFORTABLE WITH IT, BUT IT'S DRAINED AND IT'S EMPTY. IT IS A SAFETY VIOLATION BECAUSE IT'S A DROP OF FOUR OR FIVE FEET, [00:55:05] BUT THERE'S NO WATER IN IT. THAT'S ONE REASON I WANTED TO BRING IT FORTH TO YOU GUYS OR THE BOARD TO DETERMINE WHAT WE NEED TO DO WITH IT BECAUSE WE GOT TO LOOK OUT FOR THE SAFETY SIDE OF IT. I UNDERSTAND HER PLIGHT WITH INSURANCE COMPANIES BECAUSE I KNOW HOW THEY CAN BE. >> WAS THIS VIOLATION BROUGHT TO YOUR ATTENTION OR DID YOU SEE IT YOURSELF? >> THIS WAS A COMPLAINT-DRIVEN. >> COMPLAINT DRIVEN BY A NEIGHBOR OR WHOMEVER? >> YES. BUT I DID MAKE NOTE IN HERE. LET ME CORRECT THAT BECAUSE I SAID THIS WAS OBSERVED VIOLATION. SHE HAS AN ONGOING BATTLE WITH THE NEIGHBOR ACROSS THE STREET THAT ALWAYS IS PUTTING COMPLAINTS IN ON HER. BUT I BELIEVE, ACCORDING TO MY STAFF REPORT, THIS WAS AN OBSERVED VIOLATION FIRST. [NOISE] BUT I'M SURE AT [INAUDIBLE] TIMES, HE CONTACTED ME RIGHT AFTER THAT, I'M SURE, THE NEIGHBOR ACROSS THE STREET. >> IS THE PROPERTY ALSO A RENTAL PROPERTY, AS WELL AS YOU LIVING THERE? >> NO. >> I WAS A WIDOW LIVING THERE. MY HUSBAND DIED IN 2018, AND THE FENCE WAS UP. AS MR. WELLS WAS SAYING, THE FENCE WAS UP WHEN THE POOL WAS THERE, BUT THE HURRICANE KNOCKED THE FENCE DOWN. >> DO YOU HAVE ANY COMMUNICATION VIA EMAIL FROM THE INSURANCE COMPANY, GREAT AMERICAN INSURANCE, AS FAR AS EITHER DELAYING DEALING WITH THIS OR DENYING ANYTHING THAT YOU HAVE ASKED FOR? >> NOT REALLY. WE'VE SPOKEN ON THE PHONE, BUT IT WAS BY PHONE. WE DIDN'T EMAIL OR ANYTHING LIKE THAT. THEY DIDN'T EMAIL ME ANYTHING. >> YOU HAVE AN ACTIVE HOMEOWNER'S POLICY? >> YES, I ALWAYS HAD ONE. >> ANY OTHER QUESTIONS FOR MS. PERKINS? DO YOU HAVE ANY QUESTIONS FOR US, MS. PERKINS? >> NO. >> WE'LL GO AHEAD AND CLOSE THE OPEN PORTION AND THEN DISCUSS THIS. THANK YOU VERY MUCH. >> THANK YOU. >> BOARD, THOUGHTS? >> I DON'T SEE THAT ALL OF THIS DAMAGE WAS DONE BY TWO STORMS. I ACTUALLY LIVE IN THIS AREA AND I DRIVE BY MY BIKE. IT'S BEEN A DISREPAIR FROM DAY 1. >> OTHER THOUGHTS BEFORE WE MOVE ON? I PERSONALLY DON'T DISAGREE WITH MEMBER FOTIADES, BUT I'M CONCERNED ABOUT THE FENCE ASPECT. IT'S GREAT THAT THE POOL IS DRAINED, BUT IT'S WIDE OPEN TO THAT BACKYARD, [NOISE] AND IT JUST SEEMS LIKE THAT COULD BE A POSSIBLE CONCERN. >> THIS COULD BE EITHER LEGAL OR NOT, EITHER FROM THE CITY OR LEGAL PRECEDENT PREVIOUSLY WITH THE FACT OF THE INSURANCE ISN'T GETTING BACK TO THEM. DOES THAT PLAY INTO IT AT ALL? >> IT'S ONE OF THE CONSIDERATIONS, ONE OF THE FACTORS ON WHETHER THIS IS A WILLFUL VIOLATION AND WHAT STEPS THAT THE HOMEOWNER HAS TAKEN. NOW, WHAT WEIGHT TO BE GIVEN THAT IS REALLY INCUMBENT ON YOU TO DETERMINE. IT IS A FACTOR THAT YOU CAN CONSIDER THE SITUATIONS OF THE OWNER. >> I WAS JUST WONDERING, IF THERE WERE PREVIOUS CASES, WAS THERE A PRECEDENT SET WHERE THE RECOMMENDATION WAS, WE'RE GOING TO GIVE THE OWNER SIX MONTHS TO WORK IT OUT WITH THE INSURANCE OR NOT OR WHATEVER THE TIME FRAME IS. >> I WOULD GENERALLY ADVISE YOU THAT WE DON'T RELY ON SET PRECEDENT IN THESE PROCEEDINGS. EACH CASE IS DETERMINED ON ITS OWN MERITS, AND I CAN'T OFFER MUCH MORE GUIDANCE IN THAT. >> CHIP, CAN YOU REPEAT YOUR RECOMMENDATION ONE MORE TIME? >> THE RECOMMENDATION WAS TO FIND THE RESPONDENT IN VIOLATION OF 42-117, GIVING THE OWNER 30 ADDITIONAL DAYS TO COME IN COMPLIANCE BY MARCH 8H, 2025. CITY RECOMMENDED A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY [01:00:04] THE RESPONDENT IN A FINE OF $50 PER DAY TO BEGIN ON MARCH 9TH, IF NOT IN COMPLIANCE BY MARCH 8TH. >> CAN WE DISCONTINUE OUR DISCUSSION? >> YES, WE HAVE TO DISCUSS. >> NO. [OVERLAPPING] >> I AGREE WITH THAT RECOMMENDATION, BUT THIS IS NOT GOING TO BE CLEANED UP IN 30 DAYS, IT'S GOING TO BE 60 DAYS, BUT I AGREE WITH THAT JUDGMENT. >> YOU WANT TO GIVE LOGGER MORE TIME FOR THEM TO COME AND FOR HER TO COME INTO COMPLIANCE? >> YES, BECAUSE THEY DIDN'T GET RUINED OVERNIGHT, SO IT'S NOT GOING TO GET FIXED OVERNIGHT. THIS PROPERTY HAS BEEN IN DISREPAIR FOR A LONG TIME, AND FOR US TO THINK THAT 30 DAYS IT'S GOING TO LOOK SPICK AND SPAN IS NOT GOING TO HAPPEN, BUT IT HAS TO GET FIXED. >> THE ONLY CAVEAT I WOULD PUT ON THAT IS THAT THE FENCE GETS PRIORITIZED. WHETHER IT'S AN INTERIM STEP TO SHOW COMPLIANCE IS BEING MADE, AS OPPOSED TO BEING INCOMPLETE COMPLIANCE, [OVERLAPPING] I DON'T THINK IT'S ALL OR NOTHING IF YOU ASK ME. >> IF YOU'RE GOING TO ENTERTAIN THAT APPROACH, THEN THE RECOMMENDATION MIGHT BE TO CONTINUE THIS HEARING TO CONSIDER THAT VIOLATION TO GIVE THE OWNERS TIME TO AT LEAST ADDRESS THE FENCE IF THE BOARD IS SO INCLINED. BUT IT'S GOING TO BE DIFFICULT TO CONDITION COMPLIANCE AND SPLIT THOSE BECAUSE IT'S ALL BEFORE THE BOARD. >> GOT YOU. >> IS THE FENCE THE ONLY THING THAT IS MAKING IT OUT OF COMPLIANCE? >> NO. >> NO. THERE'S SEVERAL. >> THE ROOTS FOR THE HOUSE. >> TO MAKE SURE I UNDERSTAND THIS, TOO. THIS IS NOT DIRECTED SPECIFICALLY AT YOU AT ALL, MS. BRIGGS. HOW DO YOU KNOW IF A HOME OWNER HAS CONTACTED INSURANCE? IF THAT BATTLE IS ACTUALLY GOING ON? DO WE JUST FROM OUR POINT OF VIEW, MAKE A DECISION BASED UPON THE BEST INFORMATION THAT WE HAVE? >> YOU MAKE THE DECISION BASED ON JUST THE INFORMATION PRESENTED HERE IN THIS HEARING. >> THANK YOU. >> SHOULD I SAY SOMETHING? FIRST OF ALL, MISS PRESIDENT ON A PERSONAL LEVEL, MY HEART GOES OUT TO YOU FOR WHAT YOU'VE GONE THROUGH HERE LATELY. BUT AT THE SAME TIME, WE HAVE A JOB TO DO. IS THERE A WAY THAT WE CAN GIVE MS. PERKINS 30 DAYS TO GET THIS FENCE BECAUSE I'M REALLY CONCERNED ABOUT THIS POOL BEING OPENED, WHETHER IT HAS WATER OR NOT, YOU FALL IN, AND THAT COULD OPEN YOU UP TO OTHER LEGALITIES. CAN WE SOMEHOW HAVE HER TO HAVE THAT DONE WITHIN 30 DAYS? IF THAT IS DONE, WE GIVE HER SOME MORE BRACE ON THIS OTHER STUFF? CAN WE DO THAT? >> MEMBER THOMPSON, THAT'S IN THE PAST, THIS BOARD HAS CONTINUED THE HEARING TO GIVE SOME TIME TO MAKE STEPS TOWARDS COMPLIANCE. UNDERSTANDING THAT TOTAL COMPLIANCE IS PROBABLY NOT ACHIEVABLE IN 30 DAYS, EVEN IF INSURANCE GAVE HER A CHECK TOMORROW, JUST DEPENDING ON CONTRACTORS AND EVERYTHING LIKE THAT. IN THE PAST, THIS BOARD HAS CONTINUED THE HEARING FOR 30 DAYS TO THE NEXT, MONTHS HEARING AND BROUGHT IT BACK AND THEN ASKED THE OWNER TO COME BACK AND SHOW WHAT STEPS THEY'VE TAKEN FOR SOME ASPECTS OF IT. >> ATTORNEY POOL, IS THERE A WAY I CAN ASK HER A QUESTION THE HOMEOWNER? >> WELL, WE HAVE CLOSED THE RECORDS A BIT BUT IF YOU CHECK. >> POOL, WHAT ARE THE OTHER EXACT ISSUES? >> IT'S THE ROOF. >> THE FENCE. >> SOLVE IT. IT'S THE FACIA. LIKE I SAID, THE FENCE IS THE MAJOR SAFETY HAZARD. I DON'T KNOW IF SHE WOULD BE ABLE TO PUT UP A SAFETY FENCE AROUND THE POOL BY ITSELF. I DON'T KNOW IF SHE'D BE ABLE TO FINANCIALLY DO THAT JUST AROUND THE TOOL ITSELF. >> CAN YOU SHOW US PICTURES AGAIN OF THE SOFFIT AND ALL THAT? I SEE. >> CAN YOU GO BACK? >> YOU WANT TO REOPEN AGAIN? >> WHO WAS ASKING TO HAVE A REOPENING? >> WELL, CHIP ON TO ASK THAT. MS. PERKINS. >> I THINK THERE ARE FURTHER QUESTIONS SO WE CAN GO AHEAD AND [01:05:02] REOPEN FOR MORE BACK AND FORTH DISCUSSION. THAT IS AMENABLE TO BOARD MEMBERS. >> WE HAVE TO HAVE A MOTION? >> MOTION TO REOPEN THE PUBLIC HEARING. >> MOTION TO REOPEN THE PUBLIC HEARING. SECOND. >> MS. PERKINS, COULD YOU STEP BACK UP TO THE PODIUM AND LET ME ASK YOU A FEW QUESTIONS. >> YEAH. >> THANK YOU. I'M TRYING TO BE VERY REAL WITH YOU. PLEASE TELL US AND THE BOARD, WHAT ARE YOU FINANCIALLY ABLE TO DO AT THIS MOMENT? ARE YOU ABLE TO SECURE THAT AREA AROUND THE POOL? IF IT MEANT PUTTING A BARRIER AROUND THAT POOL ITSELF. >> SOMEHOW I HAVE TO. I'M NOT FINANCIALLY ABLE TO DO IT RIGHT NOW. I MEAN, I LIVE OF SOCIAL SECURITY, WHICH IS $1,600 A MONTH. I COULD DO THIS. THAT RIGHT THERE WAS CAUSED BY THAT STORM IN SEVERAL OTHER PLACES THAT JUST LIKE A DINOSAUR, IT LOOKED LIKE JUST BIT CHUNKS OUT OF MY ROOF. THAT HAS NOT BEEN THERE BEFORE THAT STORM. BUT I CAN GET A FENCE UP SOMEHOW. I'M SURE I CAN FIND SOMEONE TO DO THAT FOR ME. >> WELL, LIKE I WAS ASKING, EVEN IF IT WAS NOT PERMANENT FENCE, BUT A TEMPORARY FENCE THAT WOULD PROTECT THAT POOL TO ALLEVIATE THAT SAFETY CONCERN ABOUT SOMEBODY FALLING IN IT? >> YES. I'LL DO THAT. I CAN DO THAT. WE'LL DO IT. >> THEY COULD WORK WITH YOU BE THE OTHER A TIME FRAME ABOUT GETTING THE FENCE PUT UP AND THE REPAIRS TO THE HOUSE, BUT I WANTED TO KNOW WHERE YOU WERE AT BECAUSE PUTTING FINES ON YOU AND YOU CAN'T PAY THEM AND YOU CAN'T DO IT. THAT'S REALLY NOT GETTING US INTO COMPLIANCE IN ANY WAY. >> I UNDERSTAND. I APPRECIATE THAT, BUT I'LL DO IT. I'LL GIVE FENCE AROUND IT SOME WAY. >> BUT I MEAN, IT'S NOT GOING TO BE LIKE A MAKESHIFT SO IT MIGHT BE SOLID. >> NO. I'LL BE RIGHT. >> CAN I MAKE A RECOMMENDATION TO HER? >> YOU CAN ASK HER QUESTION. >> ASK HER QUESTION. >> HOW CAN I FORM THAT? IF YOU GOING FORWARD, IF YOU TALK TO YOUR INSURANCE COMPANY. >> QUESTION. >> A QUESTION. >> DO YOU KEEP NOTES EVERY TIME? >> YES, I DO. >> YOU SHOULD BRING THOSE NOTES. IF YOU COME UP AGAIN. >> MS. PERKINS, LET ME ASK YOU ANY OTHER QUESTION. ARE YOU PLANNING TO USE THE POOL? >> YES, I AM. >> THE REASON I WAS SAYING THAT IF YOU WERE NOT, YOU COULD FILL IT IN WITH DIRT, BUT I MEAN, THAT'S ALL IF YOU WERE NOT GOING TO USE IT. I JUST WANTED TO ASK THAT QUESTION. >> YES, I AM. >> I HAVE ONE MORE QUESTION FOR YOU, MS. PERKINS. WOULD YOU BE ABLE TO ASK YOUR INSURANCE COMPANY IF YOUR COVERAGE WOULD INCLUDE FINES FROM THIS BOARD? >> WOULD DO WHAT, SIR? >> INCLUDE FINES FROM THIS BOARD. >> I MENTIONED THAT TO HIM THAT I HAD RECEIVED THE LETTERS AND EVERYTHING. HE DID NOT ANSWER ME. >> ANY OTHER QUESTIONS? >> THANK YOU, MA'AM. >> THANK YOU VERY MUCH. >> THANK YOU. >> I'M GOING TO CLOSE IT AGAIN AND THE OPEN SECTION. >> I REALLY LIKE VICE CHAIR FOTIADES RECOMMENDATION OF A 60 DAY EXTENSION OR CONTINUING THE HEARING UNTIL OUR NEXT MEETING. EITHER ONE OF THOSE TWO AVENUES WOULD BE ACCEPTABLE TO ME. >> UNDER WHAT CONDITION WOULD WE CONTINUE, WHAT WORK HAS TO BE DONE? >> I THINK MUCH ON SEVENTH STREET, WHERE WE'VE HAD PERIODIC CHECK INS WITH THAT HOME OWNER AND SEEN PROGRESS IN ORDER FOR THEM TO CONTINUE ON WITH THEIR. >> I THINK WE NEED TO ESTABLISH THAT A FENCE NEEDS TO BE ERECTED FIRST. >> I AGREE, 100%. >> THIS IS A SAFETY HAZARD. >> FOR SURE. >> CAN WE CRAFT A MOTION TO FIND HER IN VIOLATION AND GIVE HER 30 DAYS. AT THE END OF THAT 30 DAYS, IF THE FENCE IS UP, WE CAN CONTINUE THIS AND TRY TO WORK WITH MS. PERKINS. CAN WE LEGALLY DO THAT? [01:10:03] >> I MEAN, YOU WOULD HAVE A MOTION FINDING THE PROPERTY IN VIOLATION AS IT STANDS TODAY AND THEN A SEPARATE RATHER THAN A MOTION IMPOSING THE FINE AND SETTING THOSE CONDITIONS, A MOTION TO CONTINUE THIS MATTER TO THE NEXT BOARD'S MEETING. >> WHAT DID HE SAY? >> YOUR RECOMMENDATION, MEMBER THOMPSON IS TO MAKE IT 30 DAYS WHICH SHOULD BE MARCH 9TH, AND THEN ON MARCH 9TH, WHAT HAPPENS? >> IF SHE HAS PUT THE FENCE UP, THEN WE COULD AGREE TO CONTINUE THE CASE AND DECIDE FURTHER WHAT WE MIGHT DO. BUT IF NOT, WE GO AHEAD WITH THE FINES. >> I DON'T THINK IT'S POSSIBLE TO GET A FENCE UP IN 30 DAYS. >> WHY NOT? >> I WAS JUST THINKING LIKE, MAYBE THE METAL STAKES IN A CONSTRUCTION FENCE JUST AROUND THE PERIMETER. >> NO. >> BUT I REALLY DON'T WANT HER TO INVEST MONEY THAT SHE'S NEVER GOING TO RECOUP. IF SHE'S GOING TO PUT A FENCE UP, LET'S PUT A FENCE UP. >> INTEREST SO THE BOARD SO AWARE THE NEXT SCHEDULED MEETING IS MARCH 6TH. I DON'T KNOW IF WE NEED TO USE THE MARCH 8TH OR MARCH 9TH, THE COMPLIANCE DATE LIKE WITH THE OTHER CASES, BUT IF THE INTENT I UNDERSTOOD MEMBER THOMPSON'S MOTION WAS TO FIND THE PROPERTY IN VIOLATION AND TO CONTINUE THIS HEARING UNTIL THE MARCH 6TH MEETING. >> THAT IT. >> JUST SO MS. PERKINS KNOWS, I BELIEVE IT'S THE BOARD'S EXPECTATION THAT THE BACKYARD WOULD BE SECURED BY SOME FENCING OR STRUCTURE TO PREVENT ANYONE FROM BEING ABLE TO WANDER INTO THE POOL AREA. >> IT'S TOO GREAT, I THINK. >> WE NEED BE EXPLICIT IN WHAT WE'RE ASKING FOR. >> YOU'RE FINDING IT IN VIOLATION AND YOU'RE CONTINUING THE FINING PORTION OF THE HEARING IS WHAT YOU'RE DOING. YOU'RE GOING TO GIVE HER AN OPPORTUNITY TO BE HEARD ON WHAT THE AMOUNT OF THE FINE, IF ANY SHOULD BE AT THAT POINT, OR IF SHE SHOULD BE GIVEN MORE TIME? >> NO. I THINK THAT'S IN ESSENCE, WE WANT TO JUST GIVE HER MORE TIME TO AT LEAST IN THE BEGINNING, ADDRESS THE DANGEROUS PART. THEN IN CONJUNCTION WITH THAT IN 30 DAYS, THE REST OF THE VIOLATIONS WITH THE INSURANCE. OR LIKE HE HAD ORIGINALLY SAID, NOTHING'S GOING TO GET DONE REALISTIC IN 60 DAYS. >> NOTHING HAS BEEN DONE HERE FOR A WHILE, FOR WHATEVER REASON. STORMS, MONEY, WHATEVER. THAT'S NOT MY JUDGMENT, BUT I JUST DON'T THINK THAT THIS IS GOING TO BE CORRECTED WITHIN 30 DAYS. REALISTICALLY, I THINK 60 DAYS, YOU CAN HAVE A FENCE UP SECURING PROPERTY. AT THAT POINT, IF THAT'S DONE, THEN WE'LL GO TO THE OTHER ISSUES. >> I THINK THAT'S GOOD. I ALSO THINK THOUGH THAT I DON'T WANT TO GET SIDETRACKED BY THIS POOL THING, WHICH I KNOW I BROUGHT UP AS WELL. FROM MY POINT OF VIEW, AND AS I'VE SAID VERY EARLY ON, THAT IT'S THE STREET I TAKE. I USE IT ALL THE TIME TO GET TO FLETCHER. I DON'T KNOW WHAT THE STORM CAUSED OR WHAT IT DIDN'T CAUSE. I KNOW THAT THE HOUSE HAS HAD SOME ISSUES FOR A WHILE, IN MY OPINION, THAT AREN'T BEING DISCUSSED HERE OR FOR FINE. I JUST WANT TO MAKE SURE THAT WE'RE ALSO COGNIZANT OF THE COMPLAINT THAT CAME IN. WE HAVE A NEIGHBOR. WE'RE TALKING ABOUT HOME VALUES IN A NEIGHBORHOOD AND EVERYBODY WANTS TO HELP EACH OTHER OUT AND DO THE BEST WE CAN. THE ONLY THING I WOULD SAY IS, I WANT TO MAKE SURE WE DON'T GET SIDETRACKS SIMPLY BY A FENCE THAT GOES UP IN MY OPINION. BECAUSE THERE'S A LOT TO BE DONE TO THIS HOUSE FROM WHAT I CAN. >> STARTS WITH THE FENCE. >> I DON'T DISAGREE AGAIN. >> BUT I JUST WANTED TO MAKE SURE THAT WE KEEP THE WHOLE PICTURE AS WELL. IN MY OPINION. ANY RECOMMENDATIONS AND BEYOND OR WITH WHAT REVEREND THOMPSON SAID? >> I THINK WE TAKE REVEREND THOMPSON'S IDEA AND JUST MAKE IT 60 DAYS. >> I CAN DO THAT. BUT I'M STILL REALLY CONCERNED ABOUT THAT BEING OPEN THAT LONG. BUT I CAN LIVE WITH THAT. >> SOMEONE HAVE A MOTION, PLEASE? >> I'M JUST TRYING TO CLARIFY THE FOLLOWING FOUR MEETING WOULD BE APRIL 3RD. [01:15:06] >> APRIL, NOW WILL BE APRIL 7, I THINK. >> WILL BE APRIL 7TH. >> SEVENTH. >> FOR THIS SPECIFIC WHEN WE HAD TO MOVE IT. >> THAT WILL BE APRIL 7TH. >> THE CALENDAR. APRIL 7TH. >> DO WE HAVE A MOTION SO WE CAN GO AHEAD AND LET MS. PERKINS GO HOME? >> CAN I ASK MS. PERKINS ONE MORE QUESTION? WHAT WAS THE NAME OF THAT INSURANCE COMPANY? >> GREAT AMERICAN. >> GREAT AMERICAN. >> I JUST WANT TO MAKE SURE, THAT IS ON ME. >> GREAT AMERICAN. >> DO NOT RECOMMEND THIS. >> WHY DON'T YOU REMAKE THE MOTION, MR.? >> I CAN TELL YOU WHAT I HAVE DOWN FROM THE CONVERSATION. >> THANK YOU. THAT WOULD BE TERRIFIC. >> FIND THE PROPERTY IN VIOLATION. CONTINUE THIS HEARING AT THE APRIL 7TH, 2025, COULD ENFORCE AN APPEALS BOARD HEARING. AT THAT TIME, THE BOARD WILL DETERMINE THE PROGRESS AT THE UNSECURE AND OTHER ITEMS I GUESS. >> THAT'S IT. >> I SECOND. >> I'LL SECOND THAT. >> MEMBER THOMPSON? >> YES. >> MEMBER POSTMA? >> YES. >> VICE CHAIR FOTIADES? >> YES. >> CHAIR STINES? >> YES. >> MEMBER FINKELSTEIN? >> YES. THAT PASSED. >> MS. PERKINS, ARE YOU AWARE OF WHAT THE MOTIONS THEY MADE? >> YES. >> NO FINES WERE ASSESSED AT THIS POINT. YOU WERE FOUND IN VIOLATION? >> YOU'LL NEED TO COME BACK, APRIL 7TH. >> I KNOW YOU LOVE COMING BACK. >> BEFORE WE MOVE ON, I JUST WANT TO MAKE A POINT TO MAKE SURE THAT WE CORRECT THE DATES ON SOME OF THE SUMMARIES THAT SHOW WHEN WE'RE IN JANUARY, IT'S ACTUALLY 2025, SO I JUST WANT TO MAKE SURE THAT WE'RE. >> NEXT, WE HAVE BETTY WILLIAMS, [5.3 BETTY LEOLA WILLIAMS, 920 SOUTH 12TH ST., CASE 2024-0305] 920 SOUTH 12TH STREET, CASE 2024-0305 DUTY TO MAINTAIN PROPERTY LAND DEVELOPMENT CODE CHAPTER AS STATED. OFFICER WELLS. >> AT THIS TIME, I'D LIKE TO SUBMIT OUR EVIDENCE INTO THE PUBLIC RECORD FOR THIS CASE, 2024-0305, 920 SOUTH 12TH STREET. VERY BASIC CASE. THE HOUSE HAS A UTILITY TRAILER PARKED BEYOND THE FRONT LINE OF THE HOUSE. THE CODE REQUIRES THAT A UTILITY TRAILER BE BEHIND THE FRONT LINE IF YOU DREW A LINE ACROSS THE FRONT OF THE HOUSE, THE UTILITY TRAILER MUST BE BEHIND THAT FRONT LINE EITHER IN THE SIDE OR REAR YARD OR INSIDE THE STRUCTURE. THE OWNER I BELIEVE THE TRAILER BELONGS TO HIS GRANDSON, AND THE OWNER I BELIEVE IS HAVING TROUBLE WITH HIS GRANDSON GETTING THE TRAILER OUT OF THERE. BUT ANYWAY, WE'LL GO THROUGH THE STAFF REPORT AND WE'LL GO FROM THERE. NOVEMBER 4, 2024, I OBSERVED THE UTILITY TRAILER PARKED IN THE FRONT YARD. I ALSO NOTICED THAT BACK YARD WAS OVERGROWN NEEDING TO BE CUT AND CLEAN. NOVEMBER 6, I MAILED A CERTIFIED NOV NOH LETTER WITH A HEARING DATE SET FOR JANUARY 2ND, 2025 LETTER TO THE OWNER GIVING THEM UNTIL NOVEMBER. I DON'T KNOW IF SHE SHE AMENDED SOME OF THIS STUFF BECAUSE WE WE'VE BEEN BACK AND FORTH WITH THESE CASES SO MANY TIMES. LET'S JUST NOT PUT THAT IN HERE. NOVEMBER 9TH, 2024, I PERFORMED AN INSPECTION. THERE WAS NO CHANGE TO THE VIOLATIONS. NOVEMBER 21ST, I POSTED A SECOND NOTICE OF VIOLATION NOTICE OF HEARING LETTER ON THE FRONT DOOR. I RECORDED A PHOTO OF THE POSTING. ALSO FILLED OUT AN AFFIDAVIT OF SERVICE THAT WE POSTED IT ON THE FRONT DOOR. [NOISE] UPS RETURNED THE CERTIFIED LETTER BACK UNCLAIMED, SO THAT WAS ONE REASON WE HAD TO POST IT. PRE-AGENDA INSPECTION WAS DONE DECEMBER 23RD. OF COURSE, THE BACK YARD HAD BEEN CUT, BUT THE UTILITY TRAILER IS STILL IN THE FRONT YARD. DECEMBER 23RD, I SPOKE WITH MR. GEORGE MORRIS ON THE PHONE ABOUT THE VIOLATION. HE STATED THE TRAILER BELONGS TO A SIBLING, AND HE WOULD HAVE THE SIBLING EITHER REMOVE IT OR RELOCATE THE TRAILER. I REITERATED TO HIM THAT THE CODE ENFORCEMENT HEARING WAS COMING UP ON JANUARY 2ND OF 2025. LIKE I SAID, HE HE SAID HE'D GET WITH HIS SIBLING HAD REMOVED. JANUARY 2ND, THE HEARING WAS POSTPONED DUE TO A LACK OF QUORUM. 29TH WENT OUT AND DID ANOTHER INSPECTION, THE TRAILER SITTING THERE JUST LIKE YOU'VE SEEN IT. SO CONCLUSION IS, AS OF JANUARY 30TH, 2025, THE TOWING TRAILERS STILL PARKED IN THE FRONT YARD. [01:20:01] THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF THE LAND DEVELOPMENT CODE 7.010.05D, RECREATIONAL VEHICLE, BOATS TRAILERS AND SIMILAR VEHICLES GIVING ME ON 10 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY FEBRUARY 16TH, 2025. THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT IN A FINE OF $50 PER DAY TO BEGIN ON JANUARY 6. IS THAT RIGHT, 17TH? >> THE HEARINGS WERE POSTPONED. >> HAS IT BEEN POSTPONED? YEAH, IT WOULD BE FEBRUARY 17TH, 2025. NO COMPLIANCE BY FEBRUARY 16TH. [NOISE] BASICALLY, IT'S JUST A UTILITY TRAILER THAT THAT HAS NOT BEEN MOVED OUT OF THE FRONT YARD. I'VE TALKED TO THE OWNER MULTIPLE TIMES ABOUT GETTING IT MOVED AND AND AS OF TODAY, IT'S STILL SITTING IN THE FRONT YARD. >> OFFICER WELLS, COULD YOU SEE IF IT WAS REGISTERED AT ALL? >> I CAN'T LIKE I SAID, HE'S GOT IT PULLED IN BACKWARDS, AND WE CAN'T TRESPASS IT ON THE PROPERTY. I CAN GO FROM THIS RIGHT AWAY TO THE FRONT DOOR. CORRECT. >> WHAT ARE THESE ACCORDING TO YOUR PICTURE, THESE LIKE FENCE POSTS IN THERE? >> YEAH, THAT'S WHAT'S IN THE UTILITY DRIVER, YES. >> THIS IS A STRANGE QUESTION, BUT WHAT IS THE PHYSICAL CONDITION OF THE OWNER? >> THE OWNER IS AN ELDERLY MAN. I HAVE NOT MET HIS GRANDSON. >> WOULD YOU ASSUME THAT HE'S NOT PHYSICALLY CAPABLE OF MOVING THIS? >> I CAN'T MAKE THAT. >> I'M SORRY TO ASK. IF THIS TRAILER WAS IN THE BACK YARD OFFICER WELLS, THAT WOULD BE OKAY? >> IF HE WAS IN THAT SIDE YARD BEHIND THAT FRONT LINE, RIGHT THERE WHERE THAT HAND PRINT IS? I WOULD BE PERFECTLY LEGAL. >> FROM WHAT YOU'VE BEEN ABLE TO TELL, COULD THAT TRAILER GO BACK THERE? I MEAN, IS THERE A OPENING BIG ENOUGH FOR THAT TRAILER TO GO BACK INTO THE BACK YARD? >> WELL, HE COULD TAKE A SECTION OF THAT FENCE OUT TO THE BACK YARD. IF THAT WAS SOMETHING HE WANTED TO KEEP THERE AND ON A PERMANENT BASIS, HE COULD PUT HIM A GATE IN, AND IT'D BE SOMETHING HE COULD GET IN AND OUT. NOW WE'LL SAY THIS IS A CASE WHERE I'VE CITED THIS INDIVIDUAL MULTIPLE TIMES, WHERE WE HAVEN'T BROUGHT THEM TO THE BOARD. >> OVER THIS OR SOMETHING ELSE? >> THE SAME TRAILER. THEY WILL COME INTO COMPLIANCE, AND IT MAY NOT BE THAT NEXT MONTH, WHATEVER, GO BACK AND THE TRAILERS SITTING RIGHT BACK OUT THERE AGAIN. THIS IS MULTIPLE TIMES AND I CAN'T TELL YOU HOW MANY TIMES. >> THIS TRAILER IS A PERMANENT FIXTURE. IT'S NOT BEING USED ON A REGULAR BASIS AND PUTTING BACK? >> WELL, I DON'T SEE IT BEING MOVED, BUT LIKE I SAID, I'M NOT THERE EVERY DAY. I CAN'T SAY THAT IT'S NOT BEING USED. >> IT DOESN'T EVEN HAVE TO GET ON THE ROAD. YOU SAID, IT PULLS THE FENCE DOWN, ROLLS IT IN THE BACK YARD. THE BACK YARD WAS MANICURED? >> IT WAS OVERGROWN IN THE BEGINNING, AND HE HAS SUBSEQUENTLY CUT THE BACK YARD. THAT VIOLATION 42116 IS NOT APPLICABLE IN THIS RIGHT NOW. WE'RE JUST LOOKING AT THE TRAILER VIOLATION. >> IF YOU WERE TO SAY OFFICER WELLS, HOW MANY TIMES HAVE THEY HIDE THE TRAILER ON YOU? >> PROBABLY AT LEAST TIMES. >> SIX. >> WAS IT SIX TIMES? IT'S IT'S LIKE I SAID, I DIDN'T WANT TO OVERESTIMATE IT, BUT IT SHOWS SIX TIMES. BUT, WE'VE RUN INTO THAT WITH A LOT OF DIFFERENT THINGS. WE'LL SIDE THEM, THEY'LL MOVE IT TO GET IN COMPLIANCE. THEN IT MAY BE IN COMPLIANCE FOR A MONTH, AND THEN IT'S RIGHT BACK THERE AGAIN. THEN RIGHT AGAIN, AS LONG AS THEY KEEP MOVING IT WITHIN THE TIME FRAME, IT NEVER COMES TO BOARD. THIS TIME, FOR WHATEVER REASON THEY DID NOT COME INTO COMPLIANCE AND SO THAT'S THE REASON WE'RE HERE. >> THIS HAS BEEN SITTING WHERE IT IS RIGHT NOW SINCE AT LEAST SINCE NOVEMBER 4TH. >> WELL, I CAN'T SAY THAT FOR FACT THAT IT'S EVERY DAY IT'S BEEN THERE BECAUSE I HAVEN'T CHECKED IT IN EVERY DAY. >> BUT I MEAN, THE TIMES YOU'VE GONE BACK THERE. >> YEAH, THE TIMES I'VE BEEN AROUND IT'S BEEN RIGHT THERE. [01:25:03] >> IS THE PHOTO YOU'RE SHOWING NOW THE MOST RECENT ONE? >> THAT'S A PICTURE OF TODAY. OKAY. >> IT LOOKS LIKE IT'S BEEN MOVED. >> WELL, IN THE ORIGINAL STAFF REPORT, IT HAS BEEN MOVED A LITTLE BIT TO THE SIDE BECAUSE I THINK IT WAS MORE IN FRONT OF THE HOUSE. >> YES. >> BUT LIKE I SAID, FOR IT TO BE IN COMPLIANCE, THAT TOWER HAS TO BE BEHIND THAT IMAGINARY LINE OF THE HOUSE. >> IS THERE A ROOM FROM THE FRONT OF THE HOUSE TO PUSH THAT BACK BEFORE IT HITS THE FENCE? >> NO. >> NO. THE FENCE HAS TO COME DOWN? >> YES. OR TO REMOVE IT TO TAKE SOMEWHERE ELSE. >> TAKE A STEEL SAW AND CUT IT HALF. [LAUGHTER] >> RECOMMENDATION? I CAN ASK COUNSEL. >> THERE WAS A CHASER COUNSEL. >> AS OFFICER WELLS HAS BEEN OUT THERE ON MULTIPLE OCCASIONS, CAN WE DO THIS AS A REPEAT OFFENDER? >> NO. >> NO. >> NO. FOR THAT TO APPLY, YOU WOULD HAVE TO PREVIOUSLY BEEN BEFORE THE BOARD AND FOUND IN VIOLATION FOR THE SAME VIOLATION. >> LOOKING AT THAT ONE PICTURE, IS THERE A RIDING LAWN MOWER BACK THERE? >> YES. >> THAT LAWN MOWER PROBABLY COMES OUT TO DO THE FRONT YARD AS WELL, MAYBE? >> THERE'S A HOLE IN THAT FENCE, TOO. >> WELL, THERE IS A GATE ON THE RIGHT SIDE OF THE HOUSE. I'M NOT SURE IT'S BIG ENOUGH TO GET THAT TRAILER THROUGH IT. >> COULD THE LAWN MOWER ACTUALLY PULL THAT TRAILER? >> I DON'T EVEN KNOW IF A LOT MORE TALKING, I'LL BE HONEST WITH YOU. IT COULD BE, I CAN'T VERIFY THAT. >> WITHOUT A LOAD, MAYBE. >> I GUESS WHERE THERE'S A WILL THERE'S A WAY, BUT IT'S NOT A WILL. I THINK WE GOT TO PUT SOME TEETH IN THIS IN ORDER FOR IT TO HAPPEN. >> WHAT'S YOUR RECOMMENDATION? >> I'D RECOMMEND TO TAKE OFFICER WELLS RECOMMENDATION, GIVE HIM 30 DAYS TO GET THE TRAILER INTO THE BACK YARD. IF HE DOESN'T COMPLY IN THOSE 30 DAYS, THAT'D BE MARCH 7TH MEETING WE START FINES OF $50 PER DAY. >> OFFICER WELLS, YOU RECOMMENDED FINES, IS THAT CORRECT? >> YES. >> THEN I'LL AMEND IT TO FEBRUARY 17TH. >> JUST TO CLARIFY THE MOTION WOULD BE TO FIND THE PROPERTY IN VIOLATION, GIVE THEM T10 TO ADDITIONAL DATES TO COME INTO COMPLIANCE. BY FEBRUARY 16TH, IF IT'S NOT IN COMPLIANCE TO ASSESS A $50 DAILY FINE BEGINNING ON FEBRUARY 17TH. >> CORRECT? >> THAT THE MOTION. >> PLUS ADMINISTRATIVE FEES? >> YES ADMINISTRATION. >> FOR A SECOND. >> I'LL SECOND THAT. >> FURTHER DISCUSSION? >> I THINK IT'S EXCESSIVE, BUT [NOISE] I AGREE WITH THE PREMISE OF WHAT YOU'RE SAYING. I JUST THINK IT'S EXCESSIVE. IT'S NOT A SAFETY HAZARD TO ANYBODY, NO. BUT I GUESS, IN THIS CASE, I'M LOOKING TO GAIN GARNISH THEIR ATTENTION TO GET THEM TO THE POINT WHERE ALL THEY REALLY HAVE TO DO IS TO BACK A TRUCK UP THERE, TO MAKE SURE THEY GOT A BIG ENOUGH HOLE IN THE FENCE AND MOVE IT 20 FEET? >> NO, I AGREE THAT, BUT OFFICER WELLS TOLD US THIS IS THE ELDERLY PERSON RIGHT NOW? >> THAT'S CORRECT. >> WELL, I GOT TO KNOW THIS FAMILY SOMEWHAT, AND THE YOUNG MAN TAKES ADVANTAGE OF THE OLDER GUY. >> GOT YOU, HE DOES. THE OLDER GUY'S IN HIS 80S AND THE YOUNG MAN IS IT IS WHAT IT IS, BUT THIS IS WHAT'S GOING ON. >> THE OWNER OF THE HOUSE IS THE GENTLEMAN YOU'RE TALKING TO? >> CORRECT. >> WE DO HAVE A MOTION THAT'S OUT THERE THAT HAS BEEN SECONDED, I THINK, HAS IT? >> YES. >> WE NEED TO DECIDE ON THAT IF THERE'S A WILLINGNESS TO GO BEYOND AND TALK ABOUT WHAT YOU HAVE, YOU NEED TO DEAL WITH THAT MOTION FIRST. >> WELL, WE'RE STILL IN THE DISCUSSION. >> HE DIDN'T FILE A MOTION YET. >> YEAH. >> WE'RE IN THE DISCUSSION. >> THE DISCUSSION ON THE MOTION. >> WHAT I'M CONCERNED ABOUT IS WE'RE GOING TO BE FINING THIS OLDER GENTLEMAN, MAKING HIM RESPONSIBLE FOR SOMETHING THAT THIS OTHER YOUNG MAN IS DOING, AND BASICALLY HE CAN'T DO ANYTHING ABOUT IT. NOW, I DON'T KNOW HOW WE RESOLVE THAT. [01:30:05] I KNOW THIS GENTLEMAN, HE'S NOT A MAN OF GREAT MEANS. WE WOULD BE FINING HIM AND YOU CAN FEEL HOW YOU WANT TO FEEL ABOUT THAT. >> I UNDERSTAND THAT. >> DOES THE SON LIVE THERE? DOES ANYBODY KNOW THAT? >> IS ALL OVER THE PLACE. >> GOT YOU. >> WE NOW TAKE VOTE IN THIS MOTION OR WE CAN DO ANOTHER MOTION. >> WELL, THERE'S A ROLE TO DENY IT AND IF YOU WANT TO REDO IT. THE ONLY REASON I SAY THAT IS THE BOARD, WE AS A BODY HAVE FORGIVEN FINES IN THE PAST, UNDERSTANDING THOSE CIRCUMSTANCES. HE WOULD ALSO AFFORD HIM AN OPPORTUNITY TO COME IN AT THE NEXT HEARING IF HE SO WISHES TO SPEAK ON THIS AND PRESENT INTO EVIDENCE WHAT HIS CURRENT CONDITION IS. I THINK REVEREND MAKES AN EXCELLENT POINT AND HAS INTIMATE KNOWLEDGE OF THE FAMILY. BUT I DON'T THINK REVEREND CAN ENTER EVIDENCE FOR US TO CONSIDER. THAT'S THE ONLY PART AND AT LEAST WE'LL GIVE THE GRANDFATHER A STICK THAT HE CAN USE WITH THE BOY. >> COULD WE JUST REVIEW THE MOTION IN THAT PLEASE? >> YES. I HAVE FINAL PROPERTY IN VIOLATION, ALLOW 10 ADDITIONAL DAYS TO COME IN COMPLIANCE BY FEBRUARY 16TH, 2025, ASSESS ADMINISTRATIVE FEES AND A FINE OF $50 PER DAY TO BEGIN ON FEBRUARY 17TH, IF NOT COMPLIANCE FEBRUARY 16TH. DO THAT SOUND RIGHT? >> YEAH. >> YOU WANT TO DO A VOTE? >> SURE. >> MEMBER POSTMA? >> YES. >> MEMBER DAVIDSON? >> YES. >> VICE CHAIR PADEYES? >> NO. >> MEMBER THOMPSON? >> NO. >> CHAIR STINES? >> NO. >> MOTION FAIL. >> WHAT IS THE THOUGHT ABOUT WHAT MEMBER POSTMA JUST SAID, PARDON MY MANGLING NOW, AND MAYBE MOVING THE DATE FROM FEBRUARY 17TH TO MARCH 9TH? DOES THAT MAKE ANY DIFFERENCE FOR ANYONE, WHERE IT BASICALLY IS MORE OF A 30-DAY TIME FRAME FROM NOW? >> I THINK MAYBE TO THE REVERENCE POINT, WE REDUCE THE FINE FROM $50 DOWN TO SOME OTHER MANAGEABLE AMOUNT. [OVERLAPPING] KEEPS US STICK IN PLACE. >> DO WE HAVE A MOTION? >> I WOULD MOVE TO FIND THIS PROPERTY IN VIOLATION TO REDUCE THE FINES TO $10 A DAY STARTING ON FEBRUARY 17TH, AND TO INCLUDE THE ADMINISTRATION FEES TO BE PAID ONCE IN COMPLIANCE. >> THE ADMIN FEES ARE THERE. [OVERLAPPING] >> YOU WANT THE COMPLIANCE DATE TO BE FEBRUARY 16TH? >> SIXTEENTH RATHER, I'M SORRY. >> THE ADMIN FEES WERE $303.46. [NOISE] >> FIND THE PROPERTY IN VIOLATION, ALLOW 10 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY FEBRUARY 16TH, 2025, ASSESS ADMINISTRATIVE FEES AND A FINE OF $10 PER DAY TO BEGIN ON FEBRUARY 17TH, 2025. >> SOUNDS GOOD. >> [INAUDIBLE] >> TEN. >> TEN. >> TEN DOLLARS. LOWER THE FINE TO CATCH ON THOSE? >> YEAH. >> TWENTY-FIVE. >> ANYBODY SECOND THAT ONE? >> [LAUGHTER] I'LL MAKE A MOTION TO FIND THE PROPERTY IN VIOLATION AND GIVE THEM UNTIL MARCH 9TH TO COME INTO THE COMPLIANCE. IF NOT, WE ASSESS A $25 PER DAY FINE PLUS ADMIN FEES. >> I CAN LIVE WITH THAT. I'LL SECOND THAT MOTION. >> HOW MANY DAYS IS THAT MARCH 9TH? >> IT CAN BE JUST A DATE CERTAIN, COME INTO COMPLIANCE BY MARCH 9TH AND THE FINE BEGINNING ON MARCH 10TH. [01:35:04] >> THAT BOTH LOOKS GOOD. >> FIND THE PROPERTY IN VIOLATION, COMPLIANCE TO BE SET FOR MARCH 9TH, 2025, ASSESS ADMINISTRATIVE FEES AND A FINE OF $25 PER DAY TO BEGIN ON MARCH 10TH, 2025. IS THAT RIGHT? >> YEAH. >> IF THERE'S NO DISCUSSION, THE CHAIR CAN CALL FOR A VOTE. >> CALL FOR A VOTE. GO AHEAD. >> CAN WE JUST GO AHEAD TO IT? >> CHAIR STINES? >> YES. >> MEMBER POSTMA? >> YES. >> VICE CHAIR FOTIADES? >> YES. >> MEMBER THOMPSON? >> YES. >> MEMBER FINKELSTEIN? >> YES. >> I'LL GET IT DOWN SOON. >> THAT'S ALL RIGHT. FIRST MEETING. [LAUGHTER] >> I THINK OUR LAST CASE OF THE EVENING IS NEXT, [5.4 BARBI BECKER, 209 SEA WOODS DR, CASE 2024-0295] BARBI BECKER, 209 SEA WOODS DRIVE, CASE 2024-0295, VIOLATION OF THE CITY OF FERNANDINA BEACH CODE, [INAUDIBLE] AN OPERABLE MOTOR VEHICLE. OFFICER WELLS? >> THANK YOU, CHAIR. [NOISE] AT THIS TIME, I'D LIKE TO SUBMIT ALL OF OUR EVIDENCE IN THE RECORD FOR CASE 2024-0295, 209 SEA WOODS DRIVE. OCTOBER 22ND, 2024, I OBSERVED THE CHEVY SUV PARKED ON THE FRONT DRIVEWAY WITH AN EXPIRED TAG. I GAVE THE RESPONDENT SEVEN DAYS TO COME INTO COMPLIANCE, RECORDED PHOTOGRAPH OF THE VIOLATION. THE 29TH OF OCTOBER, I DID A SECOND INSPECTION. THERE WAS NO CHANGE. OCTOBER 31ST OF 2024, I MAILED A CERTIFIED LETTER, GIVING HIM UNTIL NOVEMBER 12TH, TO COMPLY, OF '24. NOVEMBER 13TH, OUR OFFICE RECEIVED A CERTIFIED LETTER RETURNED CLAIMED BY THE POST OFFICE. I DID A FOLLOWING INSPECTION DUE TO THE TIME FRAME ON THE NOTICE OF VIOLATION LETTER, AND STILL NO CHANGE. ON NOVEMBER 21ST, I POSTED A COPY, I SECOND THERE WAS A VIOLATION ON THE FRONT DOOR OF THE RESIDENCE. I RECORDED A PHOTOGRAPH ALONG WITH FILLING OUT NOTARIZED AFFIDAVIT OF SERVICE. I'M NOT SURE OF YOUR NAME, OR YOU MAY NOT BE HERE FOR THAT. I ACTUALLY SPOKE WITH THE OWNER OF THE VEHICLE. HE IS NOT THE OWNER OF THE PROPERTY, BUT I DID SPEAK TO THE OWNER OF THE VEHICLE, AND I GAVE HIM A LETTER. WE HAVE A RESOURCE DOCUMENT THAT HAS MULTIPLE AGENCIES THAT WILL COME AND TOW THAT AND GIVE THEM A COUPLE OF HUNDRED DOLLARS, AND SO I GAVE HIM THAT RESOURCE. HE SAID THAT HIS BIGGEST PROBLEM WAS HE JUST COULDN'T FIND ANYBODY TO HAVE IT TOWED. I SAID, WELL, THESE PEOPLE, THEY'RE MORE THAN HAPPY TO COME GET IT AND GIVE YOU A COUPLE HUNDRED DOLLARS. HE SAID THAT'S WHAT HE WAS GOING TO DO. DECEMBER 23RD, I DID AN INSPECTION, THE VEHICLE IS STILL THERE. I LEFT THE BUSINESS CARD ON THE FRONT DOOR FOR HIM TO CALL ME. I DIDN'T HEAR BACK FROM HIM. 29TH, ANOTHER INSPECTION WAS DONE, PROPERTY IS STILL IN VIOLATION, AND WE RESCHEDULED THIS HEARING UNTIL TODAY. AS OF JANUARY 30TH, 2025, THE VEHICLE IS STILL IN VIOLATION. OUR OFFICE HAS NOT HAD ANY FURTHER COMMUNICATION WITH THE RESPONDENT. THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF THE CODE OF ORDINANCES 42-173, GIVING THE OWNER ADDITIONAL 10 DAYS TO COME INTO COMPLIANCE BY FEBRUARY 16TH OF 2025. CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT IN A FINE OF $50 PER DAY TO BEGIN ON FEBRUARY 7TH, 2025 IF NOT IN COMPLIANCE BY FEBRUARY 16TH. >> GEORGE, THIS VEHICLE WAS LAST REGISTERED IN NOVEMBER OF 2019? >> YES. I BELIEVE THAT'S THE PICTURE THAT SHOWS IN THE STAFF REPORT. [NOISE] THE COVER IS NOT ALWAYS ON IT. THE PICTURES, OF COURSE, IT'S GOT A FLAT TIRE WHICH MAKES IT INOPERABLE AS IT SITS. >> THE OWNER OF THE VEHICLE WAS NOT THE OWNER OF THE PROPERTY, BUT THE OWNER OF THE VEHICLE DOES LIVE AT THE PROPERTY? >> YES. >> DID HE HAVE TO MENTION TO YOU THE CONDITION OF THE GARAGE SITTING THERE? >> HE DID NOT, AND I BELIEVE THE VEHICLE IS INOPERABLE. IT JUST NEEDS TO BE TOWED AWAY. [01:40:01] I FELT LIKE THAT HE WAS GOING TO HAVE THAT DONE, BUT I DON'T SEE THAT. >> BUT YOU COULD PUT IT IN THE GARAGE AND IT NOT BE IN VIOLATION, CORRECT? >> YEAH. IF IT WAS ABLE TO FIT IN THE GARAGE, YES, THAT WOULD BE PERFECTLY FINE. YOU CAN HAVE AN INOPERABLE VEHICLE IN A CLOSED STRUCTURE. >> YOUR RECOMMENDATION, THIS MIGHT BE A COUNSEL QUESTION, IS TO FINE THE OWNER. YOU ONLY CAN FINE THE OWNER OF THE PROPERTY? >> THAT'S CORRECT. >> NOT THE OWNER OF THE VEHICLE? >> CORRECT. >> EVEN IF THEY LIVE THERE? >> RIGHT. THIS VEHICLE IS ON PRIVATE PROPERTY THAT'S OWNED BY DEPARTMENT OF TEXAS. THERE'S A PICTURE OF THE VEHICLE WITHOUT THE COVER ON. [OVERLAPPING] [NOISE] >> YOUR FIRST INTERACTION WITH THIS WAS WHEN? >> LET'S SEE HERE. >> OCTOBER 22ND? [OVERLAPPING] >> NOVEMBER OF 21ST, 2024, I SPOKE WITH THE OWNER OF THE VEHICLE. >> REALLY, ALL WE'RE ASKING TO DO IS MAKE A PHONE CALL. >> BECAUSE I WAS THERE TO POST THE PROPERTY, AND I KNOCKED ON THE DOOR TO SEE IF HE WAS THERE AND HE ACTUALLY WAS THERE, SO I WAS ABLE TO HAVE A CONVERSATION WITH HIM. >> WAS HE RELUCTANT TO DEAL WITH THIS? >> NO. >> LIKE I SAID, HE DIDN'T KNOW WHO'S GOING TO GET TO HAVE IT TOWED AWAY. A LOT OF PEOPLE DON'T REALIZE THAT THERE'S COMPANIES THAT WILL COME TOTALLY JUMP VEHICLES FOR A COUPLE OF HUNDRED DOLLARS AS LONG AS YOU GOT THE TITLE. LIKE I SAID, WE HAVE A RESOURCE LIST THAT WE GIVE EVERYONE IN THIS SITUATION. THEY CALL ANY OF THEM AND CHOOSE WHO THEY WANT TO USE. THERE'S ENOUGH SIGNS THAT I PULL THAT'S ALWAYS ON THE SIDE OF THE ROAD, SAYS CASH FOR CARS OR SOMETHING. [OVERLAPPING] I BET I PULLED 14 WEEKS. >> RECOMMENDATIONS? >> IF I COULD JUST ASK ONE MORE QUESTION BEFORE WE CLOSE IT. WHAT HAPPENS IF YOU DON'T HAVE A TITLE? >> WELL, THERE ARE SOME THAT WILL TAKE IT WITHOUT TITLE. THAT PROBABLY IS A HARD THING. I DON'T KNOW WHAT THEY DO WITH IT WHEN THEY DON'T HAVE TITLE, BUT I KNOW THERE ARE SOME COMPANIES THAT WILL TAKE IT WITHOUT TITLE. BUT THE MAJORITY OF THEM WANT TO TITLE, BUT I DON'T THINK THAT'S AN ISSUE. I THINK HE HAS THE TITLE. >> GOT YOU. HE DIDN'T KNOW HOW TO GET SOMEBODY TO COME TOW IT AWAY. >> YOU DEFINITELY WANT TO HAVE THE TITLE. TRUST ME. THAT'S IMPORTANT. >> YOU WANT TO CLOSE THE HEARING? >> YEAH. [OVERLAPPING] >> WE NEED TO MAKE A RECOMMENDATION. >> I THINK FIRST, YOU HAVE TO CLOSE THE HEARING, AND THEN WE CAN MAKE A RECOMMENDATION. CORRECT ME IF I'M WRONG, COUNSEL. >> THERE'S NO ONE HERE ON BEHALF OF THE RESPONDENT, SO YOU CAN TO CLOSE THE PUBLIC HEARING AND THERE YOU GO. MOVE INTO BOARD DISCUSSION OR ENTERTAIN A MOTION. >> HEARING IS NOW CLOSED, AND WE CAN HAVE A DISCUSSION. >> I THINK THIS IS AN EASY ONE. [NOISE] MY OPINION THAT WE SHOULD FOLLOW THE RECOMMENDATION OF OFFICER WELLS, FIND HIM IN VIOLATION. DO YOU WANT TO GIVE HIM A FULL 30 DAYS? SEEMS TO ME LIKE A PHONE CALL SHOULD HAPPEN WITHIN A DAY, BUT MAYBE WE GIVE HIM 10. >> LET'S JUST SAY 10. >> TEN. GOT YOU. GIVE HIM THE 10 DAYS AND START THE FEES. >> WHAT'S THE AMOUNT OF THE FINE PER DAY? >> THEY'RE RECOMMENDING 50. >> I DON'T THINK HE'S EVER GOING TO GET TO THAT. AGAIN, I THINK THE IMPETUS WILL BE THERE. IF HE'S GOING TO GET $300 FOR THE CAR AND THAT'S A GOAL A WEEK, AND HE GETS ZERO FOR THE CAR. >> MAYBE ALSO AS A POINT OF ORDER, QUITE HONESTLY, I DON'T RECALL THE PROCESS, AND I KNOW WE HAVE A NEW NUMBER. ONCE A DECISION IS MADE TONIGHT, FOR INSTANCE, ON THIS PARTICULAR ONE, HOW IS THIS PERSON NOTIFIED OF OUR DECISION, AND WHEN ARE THEY NOTIFIED? >> YOU WILL ACTUALLY COME INTO THE OFFICE TOMORROW, [01:45:03] SIGN THE FINDINGS OF FACTS WITH ME, AND I WILL MAIL THEM OUT IMMEDIATELY AS SOON AS POSSIBLE. >> THEY WOULD RECEIVE IT IF THE POSTAL SERVICE IS ABLE TO GET IT THERE WITHIN THREE OR FOUR DAYS ANYWAY, RIGHT, FROM TONIGHT? >> YEAH. >> DOES IT GO ALL CERTIFIED REGISTER? >> FIRST CLASS. >> FIRST CLASS. >> I TYPICALLY WILL EMAIL TO YOU ALL. I HAVE TO DO MY BEST TO TRY TO FIND AN EMAIL ADDRESS IF I DON'T ALREADY HAVE ONE ON FILE AND TRY TO SEND IT THAT WAY ON TOP OF THE FIRST CLASS MAIL. >> GO AHEAD. YOU GOT IT. [NOISE] >> I'LL MAKE THE MOTION TO FIND THE PROPERTY OWNER IN VIOLATION. HE HAS 10 DAYS TO RECTIFY, WHICH WOULD MAKE IT THE 17TH? >> SIXTEENTH. >> SIXTEENTH. ON THE 17TH, WE WOULD IMPOSE FINES OF $50 PER DAY, THAT SHOULD BE IN ADDITION OF THE ADMINISTRATION FEES. >> IS THERE A SECOND ON THAT ONE? >> SECOND. >> FIND THE PROPERTY IN VIOLATION, ALLOW 10 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY FEBRUARY 16TH, 2025, ASSESS ADMIN FEES AND A FINE OF $50 PER DAY TO BEGIN ON FEBRUARY 17TH, 2025. MEMBER POSTMA? >> YES. >> VICE CHAIR FOTIADES? >> YES. >> MEMBER THOMPSON? >> YES. >> CHAIR STINES? >> YES. >> MEMBER FINKELSTEIN? >> YES. [NOISE] >> LET'S SEE HERE. AS A POINT OF ORDER, IT DOES LOOK LIKE OUR NEXT HEARING WILL BE ON THURSDAY, MARCH THE 6TH. ALSO, BOARD MEETINGS TYPICALLY FALL ON THE FIRST THURSDAY OF EVERY MONTH. APRIL HEARING TENTATIVELY IS SCHEDULED FOR APRIL 7TH. MAY HEARING HAS BEEN MOVED TO MAY 5TH. >> BOARD, YOU CAN BLAME THAT ON ME, THAT APRIL 7TH MOVE, BUT THAT'S MY 40TH ANNIVERSARY [LAUGHTER] ON THAT WEEK. >> YOU DON'T WANT TO BE HERE? DOMESTIC TRANQUILITY, RIGHT? >> YEAH. I WANT TO BE ALIVE HERE. [LAUGHTER] >> WHY DON'T YOU MAKE A MOTION TO ADJOURN? >> I'D LIKE TO MAKE A MOTION TO ADJOURN. >> SAY IT. [NOISE] ADJOURNED. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.