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[00:00:02]

MAKES MY LIFE. OKAY, IT IS 1:30. I'M GOING TO CALL THIS MEETING TO ORDER.

[1. CALL TO ORDER]

THIS IS THE MAY 7TH, 2026 CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING.

IF EVERYONE WOULD PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU, PLEASE HAVE A SEAT. ALL RIGHT. WELCOME, EVERYONE.

THIS IS ACTUALLY OUR FIRST SPECIAL MAGISTRATE HEARING FOR CODE ENFORCEMENT FOR THE CITY.

SO WE'RE EXCITED TO BE HERE. BEFORE WE GET STARTED, MISS PRINCE, WILL YOU PLEASE GO OVER THE QUASI-JUDICIAL PROCEDURES THAT ARE IN EFFECT FOR THIS AFTERNOON'S HEARING? CERTAINLY, MR. MAGISTRATE.

THE QUASI-JUDICIAL STATEMENTS FOR THIS HEARING.

AND THESE ARE IN THE BACK OF THE ROOM, IF ANYONE WOULD LIKE TO OBTAIN A COPY.

A QUASI-JUDICIAL HEARING BY STATE AND CASE LAW IS LESS FORMAL THAN A COURT HEARING, BUT SIMILAR IN PROCEDURE AND EVIDENCE MATTERS AND REQUIRES THE CODE ENFORCEMENT OFFICER AND PROPERTY OWNER AND WITNESSES, IF THERE ARE ANY, TO BE TESTIFIED, TO TESTIFY UNDER OATH, THE CODE ENFORCEMENT OFFICER PRESENTS THE CASE AND EVIDENCE OF THE VIOLATION OF THE CITY CODE OF ORDINANCES OR THE CITY'S LAND DEVELOPMENT CODE.

THE PROPERTY OWNER HAS THE RIGHT TO PROVIDE A RESPONSE.

THE SPECIAL MAGISTRATE IS THE FINDER OF FACT AND EVALUATES THE TESTIMONY AND EVIDENCE, AND THEN DETERMINES IF A VIOLATION EXISTS BASED ON THE EVIDENCE AND TESTIMONY IN THE RECORD AND PRESENTED AT THE HEARING. THE ORDER OF RELIEF INCLUDES COMPLIANCE FINES, INCLUDED ADMINISTRATIVE FEES OR BOTH.

FLORIDA LAW REQUIRES THAT THE SPECIAL MAGISTRATE'S DECISION IN A QUASI-JUDICIAL ACTION BE SUPPORTED BY COMPETENT, SUBSTANTIAL EVIDENCE PRESENTED TO THE SPECIAL MAGISTRATE DURING THE HEARING ON THE CASE.

COMPETENT, SUBSTANTIAL EVIDENCE IS SUCH EVIDENCE AS A REASONABLE MIND WOULD ACCEPT AS ADEQUATE TO SUPPORT A CONCLUSION.

THERE MUST BE A FACTUAL BASIS IN THE RECORD TO SUPPORT OPINION TESTIMONY FROM BOTH EXPERT AND NON-EXPERT WITNESSES.

GENERAL OBJECTIONS WITHOUT SPECIFIC EVIDENCE DO NOT CONSTITUTE SUBSTANTIAL COMPETENT EVIDENCE.

THE ONLY MATERIAL OR RELEVANT EVIDENCE IS THAT WHICH ADDRESSES THE STATUTORY OR CODE REQUIREMENTS.

WE DON'T HAVE ANY EMAIL COMMUNICATIONS TO GO OVER, SO I WON'T READ THAT WHOLE PARAGRAPH ABOUT EMAIL COMMUNICATIONS.

THE PROCESS WILL BE THE PROPERTY OWNER IS ENTITLED TO BE REPRESENTED BY COUNSEL.

IF THERE'S ANY PROPERTY OWNER WHO DESIRES A CONTINUANCE TO OBTAIN COUNSEL, PLEASE COME FORWARD AND MAKE THAT REQUEST AT THIS TIME.

I SEE YOU'RE THE ONLY PERSON IN THE AUDIENCE. WOULD YOU LIKE TO OBTAIN COUNSEL OR WOULD YOU LIKE TO PROCEED TODAY? NO, WE'LL JUST GO AHEAD. OKAY, FOR THE RECORD, THE GENTLEMAN HAS INDICATED HE WOULD LIKE TO JUST GO AHEAD.

THE HEARING PROCEDURES ARE AS FOLLOWS. ALL PARTIES WILL BE TESTIFYING, WILL BE SWORN IN.

THE CODE ENFORCEMENT OFFICER WILL PRESENT THE CITY'S CASE AND PRESENT EVIDENCE OF THE ALLEGED VIOLATION.

WITNESSES MAY BE CALLED TO SUPPORT THE CITY'S CASE.

THE RESPONDENT MAY QUESTION THE WITNESSES, IF ANY, AND MAY ALSO QUESTION THE CODE ENFORCEMENT OFFICER.

THE RESPONDENT WILL BE GIVEN TIME TO PROVIDE TESTIMONY AND PRESENT EVIDENCE TO THE SPECIAL MAGISTRATE.

WITNESSES MAY BE CALLED TO SUPPORT THE RESPONDENT'S RESPONSE.

THE CODE ENFORCEMENT OFFICER MAY QUESTION THE RESPONDENT AND ITS WITNESSES.

ALL WITNESSES, IF ANY, WHO PRESENT EVIDENCE FOR OR AGAINST THE CODE ENFORCEMENT VIOLATION WILL ADDRESS THE SPECIAL MAGISTRATE.

ANY DOCUMENTS OR PHOTOGRAPHS MUST BE SUBMITTED TO THE RECORDING SECRETARY SITTING HERE TO MY LEFT.

WHEN THE INDIVIDUAL IS TESTIFYING, THE DOCUMENTS WILL NOT BE RETURNED AS THEY BECOME PART OF THE OFFICIAL RECORD AND ARE INCLUDED IN THE MINUTES.

THE CODE ENFORCEMENT OFFICER MAY PROVIDE FINAL COMMENTS TO THE SPECIAL MAGISTRATE.

THE SPECIAL MAGISTRATE WILL THEN CLOSE THE PUBLIC HEARING AND DISCUSS THE CASE.

HE MAY ASK QUESTIONS OF THE RESPONDENT. THE CODE ENFORCEMENT OFFICER OR WITNESSES WHO TESTIFIED AT THE HEARING ABOUT THE VIOLATION OF THE CODE.

ANY DECISION OF THE SPECIAL MAGISTRATE WILL INCLUDE WHETHER THE SPECIAL MAGISTRATE FINDS COMPETENT, SUBSTANTIAL EVIDENCE IN THE RECORD AND OR TESTIMONY RECEIVED TO SUPPORT THE SPECIAL MAGISTRATE'S DECISION TO FIND THE PROPERTY IN VIOLATION OR NOT. MARK A TYPO. THE MEETING IS BEING RECORDED.

THEREFORE, THERE CAN BE NO APPLAUSE, OUTBURSTS, TALKING OR COMMENTS FROM THE AUDIENCE AS IT COULD DISTORT THE RECORDING.

THE OFFICE OF THE CITY ATTORNEY REPRESENTS THE CITY OF FERNANDINA BEACH AND PROVIDES COUNSEL TO THE CODE ENFORCEMENT OFFICER, INCLUDING ADVICE AS TO THE HEARING PROCEDURES AND THE RELEVANCY OF EVIDENCE.

ALTHOUGH IN THIS CASE, I BELIEVE THAT WOULD BE THE MAGISTRATE.

THAT WAS PROBABLY WHEN WE WERE DOING THE CODE ENFORCEMENT BOARD. SO THE MAGISTRATE WILL DETERMINE THE RELEVANCY OF OF EVIDENCE. WHILE THE STRICT RULES OF EVIDENCE ARE APPLICABLE TO COURT, PROCEEDINGS WILL NOT BE UTILIZED, THE SPECIAL MAGISTRATE MAY EXCLUDE EVIDENCE THAT IS NOT RELEVANT TO THE VIOLATION OR IS REPETITIVE IN NATURE.

[00:05:06]

THE SPECIAL MAGISTRATE MAY EXTEND THE TIME. WHICH WE'VE NOT PROVIDED FOR ANY TIMES TODAY, SO THE SPECIAL MAGISTRATE WILL GOVERN THAT.

ANY WITNESSES PRESENTING EVIDENCE AT A HEARING, INCLUDING PICTURES OR EMAILS, MUST BE VERIFIED BY THE PERSON WHO CREATED THE EVIDENCE AND THE PERSON MUST VERIFY THE EVIDENCE HAS NOT BEEN ALTERED.

IF YOU HAVE ANY QUESTIONS AT THIS TIME, LET ME KNOW.

ALL RIGHT. THAT'S PROBABLY GOING TO BE LONGER THAN THE WHOLE MEETING. ALL RIGHT, THANK YOU, MISS PRINCE. AND SO WOULD ANYONE THAT INTENDS TO GIVE TESTIMONY DURING THIS MEETING, THIS HEARING, PLEASE STAND TO BE SWORN BY THE CLERK. PLEASE STAND.

YOU TO MR. FREEMAN. AND RAISE YOUR RIGHT HAND.

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

OKAY. WE WILL THANK YOU FOR THAT. WE'RE GOING TO MOVE TO OUR FIRST CASE ON THE DOCKET.

[3.2 LAKE LIVING TRUST, PHYLLIS P. LAKE, TRUSTEE, HAROLD E. LAKE, TRUSTEE, 339 OCEAN AVENUE, CASE 2025-0582.]

BEFORE WE DO THAT, ARE THERE ANY CHANGES TO THE AGENDA THAT NEED TO BE ANNOUNCED? YES. ITEM 3.1 AND 3.3 NEED TO BE REMOVED FROM THE AGENDA.

THEY HAVE CAME INTO COMPLIANCE. WONDERFUL. OKAY.

SO WE'RE REMOVING 3.1 AND 3.3. AND THAT WOULD BRING US TO 3.2.

LAKE LIVING TRUST, PHYLLIS P. LAKE, TRUSTEE, HAROLD E.

LAKE, TRUSTEE, 339 OCEAN AVENUE. THAT'S CASE NO.

2025-0582. MISS PRINCE, ARE THERE ANY DOCUMENTS OR EVIDENCE YOU'D LIKE TO BE RECEIVED INTO THE RECORD? YES, YOU WERE PROVIDED A PRESENTATION BY THE CODE ENFORCEMENT OFFICER THAT IS A POWERPOINT THAT CONSISTS OF.

11 PAGES. 11 PAGES. I WAS LOOKING FOR THAT, THANK YOU.

IT HAS THE NOTICE OF VIOLATION CONTAINED THEREIN.

IT HAS EVIDENCE AND PROOF OF BEING MAILING AND IT, IT INCLUDES THE INFORMATION ABOUT THE CODE VIOLATIONS AND THE REQUEST AND CITY'S RECOMMENDATION AS TO THE, WHAT IS REQUESTED OF THE MAGISTRATE FOR A FINDING.

ALL RIGHT. AND DOES ANYONE HAVE ANY OBJECTION TO THOSE DOCUMENTS BEING RECEIVED INTO THE RECORD? OKAY, SEEING NONE THEY WILL BE RECEIVED WITHOUT OBJECTION.

MISS PRINCE, YOU MAY PROCEED. AND AT THIS TIME, I WOULD ASK THE CODE ENFORCEMENT OFFICER TO PRESENT THE CASE ON THIS MATTER.

THANK YOU. MY NAME IS CRYSTAL RIMES, CODE ENFORCEMENT OFFICER FOR THE CITY OF FERNANDINA BEACH.

AND I WILL BE PRESENTING CASE 2025-0582. THE SUBJECT PROPERTY IS LOCATED AT 339 OCEAN AVENUE.

THE OWNER OF RECORD IS LAKE LIVING TRUST, PHYLLIS P.

LAKE AND HAROLD E. LAKE ARE THE TRUSTEES. THE VIOLATION DETAILS.

THE VIOLATION HAS 42-117(A) EXTERIOR STRUCTURE (MAINTENANCE).

THE EXTERIOR STRUCTURE OF A STRUCTURE MUST BE MAINTAINED IN GOOD REPAIR, STRUCTURALLY SOUND AND SANITARY, SO AS NOT TO POSE A THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE.

THE CORRECTIVE ACTION WAS TO REPAIR AND REPLACE ALL ROTTEN WOOD/LAP SIDING ON THE EXTERIOR OF THE HOUSE.

SCRAPE, SEAL AND PAINT ALL PEELING PAINT AREAS.

AND IN THIS PHOTO IT REVEALS THE EXTENSIVE SIDING DAMAGE ON THE SOUTH SIDE OF THE STRUCTURE.

AND SLIGHT DAMAGE TO THE PORCH AREA RIGHT THERE AS WELL.

THIS IS ADDITIONAL PHOTOS. THE NORTH SIDE OF THE STRUCTURE DIDN'T HAVE AS MUCH DAMAGE AND WEAR AS THE SOUTH SIDE, BUT IT STILL IS IN NEED OF REPAIR AS WELL. THE SAME GOES TO THE BACK SIDING.

DAMAGE APPEARS TO BE ON THE WEST SIDE OF THE STRUCTURE AS OF 4/27/20, APRIL 27TH, 2026.

NO PROGRESS APPEARS HAS APPEARED TO BE MADE AT THAT TIME.

DUE PROCESS HAS BEEN PROVIDED FOR THIS CASE. A NOTICE OF VIOLATION NOTICE OF HEARING LETTER WAS SENT CERTIFIED MAIL AND IT WAS RETURNED TO OUR DEPARTMENT SIGNED BY THE PROPERTY OWNER, PHYLLIS LAKE, ON MARCH 28TH, 2026.

WE HAVE HAD COMMUNICATION WITH THE PROPERTY OWNER DIRECTLY. SO THIS CASE BEGAN ON SEPTEMBER 24TH, 2025. THE ORIGINAL COMPLIANCE DATE WAS SET FOR OCTOBER 25TH, 2025.

THE PROPERTY HAS BEEN IN VIOLATION FOR APPROXIMATELY 225 DAYS, AND THIS CASE WAS PREPARED TO GO BEFORE THE BOARD BACK IN NOVEMBER 2025.

AT THAT TIME, WE GRANTED AN EXTENSION AND IT WAS REMOVED FROM THE AGENDA, AND THE GOAL WAS TO ALLOW TIME TO FIND A CONTRACTOR TO DO THE

[00:10:01]

SIDING REPAIR. AND SO A TOTAL OF NINE INSPECTIONS HAS BEEN CONDUCTED AS OF TODAY, AND MULTIPLE EXTENSIONS HAVE BEEN GRANTED IN GOOD FAITH. SHE ALSO DID MENTION THAT SHE HAS HAD A CONTRACTOR SECURED.

I DIDN'T SEE ANY PERMITS THAT HAVE BEEN APPLIED FOR AT THIS TIME.

AND THEN THE SCAFFOLDING, THERE WAS AN ISSUE WITH THAT BECAUSE OF THE HEIGHT.

THEY HAVE HIRED A PAINTER AND THEY'RE HAVING SOME PROBLEMS TRYING TO FIND SCAFFOLDING THAT IS THAT HIGH.

AND THAT WAS AS OF TODAY, THE LAST UPDATE THAT I HAVE HEARD.

THE CITY HAS INCURRED ADMINISTRATIVE COSTS IN THE AMOUNT OF $229.60.

AND THE CITY. THE CITY HAS PROVIDED AMPLE OPPORTUNITY FOR VOLUNTARY COMPLIANCE AND ENFORCEMENT, NOW ACTION IS NOW NECESSARY. AT THIS TIME, WE RESPECTFULLY REQUEST THE SPECIAL MAGISTRATE TO FIND THE RESPONDENT IN VIOLATION OF 42-117(A) ORDER COMPLIANCE WITHIN 30 DAYS, AUTHORIZE ADMINISTRATIVE COSTS AND IMPOSE A FINE OF $100 PER DAY BEGINNING AFTER THE COMPLIANCE DEADLINE.

CITY REST. ALL RIGHT, ANYTHING FURTHER FROM THE CITY? I JUST HAVE ONE QUESTION. MISS RIMES, IT, FROM YOUR PRESENTATION IT SOUNDED LIKE YOU WERE ON THE PROPERTY TODAY.

SO WHEN WAS THE LAST TIME YOU VISITED THE PROPERTY? IT SOUNDED LIKE I WAS ON THE PROPERTY TODAY? YEAH.

MY LAST INSPECTION AS OF 4/26 27, 2026. NO PROGRESS HAS BEEN MADE.

SO THEN YOU HAD COMMUNICATIONS WITH THE OWNER TODAY? NO, IN MY LAST COMMUNICATIONS THAT I HAD. OKAY.

SO NOT AS OF TODAY. NO. OKAY, I WAS JUST CLARIFYING.

FOR THE RECORD, I COULDN'T. YEAH. NOTHING HAS CHANGED SINCE THIS PRESENTATION WAS CREATED. OKAY. THANK YOU.

THAT'S ALL. CITY PRESS. OKAY. ALL RIGHT. AND THERE'S NO ONE HERE ON BEHALF OF THE PROPERTY OWNER RESPONDENT.

SO WITH THAT, I WILL CLOSE THE PUBLIC HEARING FOR THIS CASE.

ALL RIGHT, IF THERE'S NOTHING FURTHER, BASED ON THE EVIDENCE PRESENTED AT THE HEARING, I'M GOING TO FIND THERE'S COMPETENT, SUBSTANTIAL EVIDENCE TO FIND A VIOLATION OF THE CODE.

I'M GOING TO ORDER THAT THE PROPERTY BROUGHT INTO COMPLIANCE.

I KNOW YOU REQUESTED 30 DAYS, BUT I THINK THE 30TH DAY FALLS ON A WEEKEND, SO I'M GOING TO ASK THAT COMPLIANCE BE DONE BY JUNE THE 8TH.

AND IF IT IS NOT IN COMPLIANCE BY JUNE THE 8TH, THEN A $100 DAILY FINE WILL BE IMPOSED BEGINNING ON JUNE THE 9TH UNTIL THE PROPERTY OBTAINS COMPLIANCE. AND I WILL ALSO ADDITIONALLY ASSESS ADMINISTRATIVE COSTS AND THE AMOUNT OF $229.60.

AND WE WILL, I WILL ENTER A WRITTEN ORDER CONSISTENT WITH THAT ORAL PRONOUNCEMENT WITHIN THE NEXT SEVERAL DAYS.

ARE THERE ANY QUESTIONS OR CLARIFICATIONS NEEDED? OKAY. THANK YOU. ALL RIGHT, SO MOVING ON TO OUR NEXT CASE.

[3.4 CECIL E. AND LAURIE M. FREEMAN, 602 S. 6TH STREET, CASE 2022-0779.]

AND THAT'S 3.4 CECIL E. AND LAURIE M. FREEMAN.

602 SOUTH 6TH STREET. CASE NUMBER 2022-0779. AND I SEE MR. FREEMAN IS HERE. SO MR. FREEMAN, IF YOU WILL, PLEASE STEP FORWARD TO THE PODIUM AND JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. CECIL E. FREEMAN, 602 SOUTH 6TH STREET.

ALRIGHT. THANK YOU SIR. ALL RIGHT, MISS PRINCE, ARE THERE ANY DOCUMENTS OR EVIDENCE YOU'D LIKE TO BE RECEIVED INTO THE RECORD? YES. MR. MAGISTRATE, WE HAVE THE CODE ENFORCEMENT SPECIAL MAGISTRATE PRESENTATION AND EVIDENCE, PAGES 1 THROUGH 14. AND THERE ARE PICTURES OF THE VIOLATION, THE STATED VIOLATION, THE PROOF OF NOTICE AND RECEIPT OF THAT NOTICE, AND THE REQUESTED ACTION BY THE SPECIAL MAGISTRATE ON THIS MATTER.

AND THAT'S WHAT WE'D LIKE TO ENTER INTO EVIDENCE.

ALL RIGHT, MR. FREEMAN, DO YOU HAVE ANY OBJECTION TO THOSE BEING RECEIVED INTO THE RECORD? NO, SIR. ALL RIGHT. THEY'LL BE RECEIVED WITHOUT OBJECTION.

MR. PRINCE, YOU MAY PROCEED. THANK YOU, MR. MAGISTRATE.

AT THIS TIME, I'D LIKE TO ASK CODE ENFORCEMENT OFFICER CRYSTAL RIMES TO MAKE THE PRESENTATION.

ALL RIGHT, THANK YOU. MY NAME IS CRYSTAL RIMES WITH THE CITY OF FERNANDINA BEACH CODE ENFORCEMENT DEPARTMENT, AND I WILL BE PRESENTING CASE NUMBER 2022-0779.

REGARDING THE PROPERTY LOCATED AT 602 SOUTH 6TH STREET.

THE SUBJECT PROPERTY IS LOCATED AT 602 SOUTH 6TH STREET.

THE OWNER OF RECORD IS CECIL E. AND LAURIE M.

FREEMAN. OWNERSHIP HAS BEEN VERIFIED THROUGH NASSAU COUNTY PROPERTY APPRAISER RECORDS, AND THE PROPERTY.

PROPER PARTIES HAVE BEEN NOTIFIED IN ACCORDANCE WITH FLORIDA STATE STATUTE CHAPTER 162.

THE VIOLATION DETAILS SECTION 42-117 (A) EXTERIOR STRUCTURE (MAINTENANCE).

[00:15:04]

THE EXTERIOR OF A STRUCTURE MUST BE MUST BE MAINTAINED IN GOOD REPAIR AND SHOWS VISIBLE DETERIORATION.

WANT TO BACK UP ONE SECOND. SORRY ABOUT THAT.

THE EXTERIOR OF THE STRUCTURE IS NOT BEING MAINTAINED IN GOOD REPAIR AND SHOWS VISIBLE DETERIORATION IN A VIOLATION OF MINIMUM PROPERTY MAINTENANCE STANDARDS.

SO THE OBSERVED CONDITIONS WERE PEELING AND DETERIORATED PAINT, EXPOSED UNPROTECTED EXTERIOR SURFACES, DETERIORATING SIDING TRIM, DETERIORATING WINDOW FRAMING, PLYWOOD COVERING COVERINGS NOT PROPERLY FINISHED AND SEALED, RUSTING METAL SIDING ON THE REAR ACCESSORY STRUCTURE.

AND THE CORRECTIVE ACTION IS TO REPAIR, REPLACE, SCRAPE, SEAL AND PAINT ALL DETERIORATED EXTERIOR SURFACES AND MAINTAIN THE STRUCTURE IN A WEATHER RESISTANT CONDITION. APPLY FOR AND OBTAIN ALL BUILDING PERMITS AND PASS FINAL INSPECTIONS WERE APPLICABLE.

TO THE LEFT YOU WILL SEE THE INITIAL PHOTO WAS TAKEN ON MAY 4TH OF 2022.

AND TO THE RIGHT YOU CAN SEE THE PROGRESS THAT HAS BEEN MADE AS OF APRIL 30TH, 2026.

THE PRIMARY CONCERN BEING THE UNPROTECTED SURFACES THAT ARE EXPOSED TO THE ELEMENTS.

WHICH ARE THOSE THAT ARE OF CONCERN? THE PRIMARY CONCERN IS THE AREAS THAT ARE STILL EXPOSED AND THAT HAVE NOT BEEN ADDRESSED. OKAY. AND WE WILL GET TO THAT MORE IN A MINUTE.

I DO KNOW IN THE HIGHER AREAS OF THE EXTERIOR STRUCTURE, YOU CAN SEE WHERE IT HASN'T BEEN REPAIRED, THE REPAIRS HAVE NOT BEEN MADE. OKAY. SO COMPLETION OF PAINT AND SCRAPING AND PROPERLY PROTECTING ALL EXPOSED WOODEN SURFACES IS REQUIRED. ANOTHER OPTION COULD BE REPLACING THE WINDOWS, WHICH WOULD REQUIRE A PERMIT.

IN THIS PHOTO, IT WAS TAKEN IN 2022. ON THE LEFT AND THEN 2026 PHOTO ON THE RIGHT REVEALS SOME SECTIONS HAVE BEEN PAINTED TO PREVENT FURTHER DAMAGE ON THE ACCESSORY STRUCTURE. ALL PLYWOOD COVERINGS ON THE WINDOWS MUST BE PAINTED AND SEALED TO PROTECT, FINISH AND MATCH THE OTHER TRIM ON THE HOUSE.

YOU CAN SEE IN THE RIGHT PHOTO THERE IS A PRETTY EXTENSIVE ROTTING THAT IS GOING ON.

I CAN ZOOM IT IN IF NEEDED AS WELL. AND THESE PHOTOS WERE TAKEN ON THE MOST RECENT INSPECTION.

THE PHOTO TO THE RIGHT, YOU CAN REALLY SEE ON THE ACCESSORY STRUCTURE WHERE THE RUST IS COMING THROUGH THE OLD LAYER OF PAINT.

OH GOODNESS. I'M SORRY. DUE PROCESS HAS BEEN PROVIDED FOR THIS CASE.

A NOTICE OF VIOLATION NOTICE OF HEARING LETTER WAS SENT CERTIFIED MAIL AND RETURNED TO OUR DEPARTMENT. SIGNED BY THE PROPERTY OWNER, MISS LORI FRIEDMAN, ON APRIL 9TH, 2026. WE HAVE HAD COMMUNICATION WITH THE PROPERTY OWNER.

DID THIS CASE DID BEGIN ON MAY 4TH, 2022. A COURTESY NOTICE DOOR HANGER WAS DELIVERED TO THE PROPERTY OWNER'S BUSINESS OFFICE NEXT DOOR TO THE PROPERTY ON MAY 4TH, 2024, ALLOWING 30 DAYS FOR COMPLIANCE ON OR BEFORE JUNE 4TH, 2022.

THE PROPERTY HAS BEEN IN VIOLATION FOR APPROXIMATELY 1464 DAYS, AND STAFF HAS CONDUCTED APPROXIMATELY 11 INSPECTIONS OVER A FOUR YEAR PERIOD, AND MULTIPLE EXTENSIONS HAVE BEEN GRANTED IN GOOD FAITH.

THE CITY HAS INCURRED ADMINISTRATIVE COSTS IN THE AMOUNT OF $300.82.

AND THE CITY'S RECOMMENDATION IS TO FIND THE RESPONDENT IN VIOLATION OF 42-117(A) EXTERIOR STRUCTURE (MAINTENANCE).

ORDER COMPLIANCE WITHIN 30 DAYS, AUTHORIZE ADMINISTRATIVE COSTS AND IMPOSE A FINE OF $50 PER DAY IF COMPLIANCE IS NOT ACHIEVED BY THE COMPLIANCE DEADLINE.

THE CITY RESTS. ALL RIGHT. MR. FREEMAN, DO YOU HAVE ANY QUESTIONS OF OFFICER RIMES? NO, SIR. OKAY. ALL RIGHT, WELL, ANYTHING FURTHER FROM THE CITY? NO. OKAY. ALL RIGHT, MR. FREEMAN ANY DOCUMENTS OR EVIDENCE? I GOT SOME UPDATED PHOTOS I JUST TOOK THIS MORNING.

YES, SIR. THAT WE'VE DONE A LITTLE BIT OVER THE WEEKEND, SO.

OKAY. I DON'T KNOW IF YOU OFF THE PHONE OR. DO YOU HAVE THOSE PRINTED OUT OR A WAY THAT YOU COULD PERHAPS EMAIL THEM? I'M GONNA EMAIL THEM. YES, SIR. WELL, IF. WHEN YOU'RE READY.

YOU PROBABLY WANT SOME HELP. I'M JUST GONNA LET YOU DO IT.

THAT'S WHAT I CAN SEE. THAT YOU PROBABLY DO IT FASTER THAN I CAN.

YOU SELECT THE ONES THAT YOU WANT. LET'S SEE.

WE'LL DO THAT ONE. THAT ONE AND THAT ONE.

[00:20:36]

ALL RIGHT, THANK YOU MR. FREEMAN. I'M GOING TO ASK MISS NEWTON TO PULL THOSE UP ON THE SCREEN SO WE ALL HAVE A CHANCE TO SEE THEM IN A MOMENT.

AND WE'LL SEE IF THERE ARE ANY OBJECTIONS FROM THE CITY FOR THOSE BEING MADE PART OF THE RECORD.

ALL RIGHT. BEAR WITH US JUST A MOMENT. THAT'S FINE.

ALL RIGHT. GIVE ME JUST A SECOND.

WE HAD A ROOM FULL OF IT GUYS HERE EARLIER. I KNOW.

EXACTLY AS SOON AS. IT JUST ASKED ME TO VERIFY EVERYTHING.

YOU SHOULD BE ABLE TO SLIDE IT OVER HERE. ISN'T THAT LETTING YOU? IT'S NOT LETTING ME SLIDE IT THAT WAY. BUT I DO HAVE IT PULLED UP NOW.

OH, HERE WITH US. THIS IS ALL GOOD EXPERIENCE FOR ALL OF US.

YEAH. THAT'S WHY I TOOK IT TO HER TO DO IT. I HAVE IT PULLED UP HERE.

I JUST DON'T KNOW HOW TO GET IT ON THAT. OH, I SEE IT.

IT'S TRYING TO COME SEE THE LITTLE EDGE OF IT.

I THINK WHEN I WAS OVER THERE, THEY TOLD ME I HAD TO JUST SWIPE REALLY HARD AND AGGRESSIVELY.

OKAY. I DON'T KNOW HOW AGGRESSIVE I'D LIKE TO BE ON THAT.

YEAH. I DON'T BLAME YOU. LET ME. THEIR SLIDESHOW PODIUM CLERK LAPTOP, BUT I DON'T KNOW WHAT SLIDESHOW IS. OH, THAT'S MINE.

OH. SOMETHING JUST HAPPENED. TRY IT NOW. I DON'T THINK THAT'S IT.

YEAH. YOU MAY HAVE TO PLAY. PASS THE PHONE. YOU KNOW HOW YOU DO A DINNER WITH YOUR FRIENDS? ALL RIGHT, HOLD ON A SECOND. I'M GOING TO TRY AND.

IT FROM HOME. I WAS JUST GOING TO TRY AND DUPLICATE.

OH, I HEAR HIM NOW. IT'S GOT TO BE THAT ONE. THIS IS WHAT HAPPENED AT THE TIME. OKAY. THAT'S WHAT I TOLD YOU.

HE'S LIKE, I CALL THEM BACK. ALL RIGHT. THIS MIGHT NOT BE THE RIGHT WAY TO DO IT, BUT IT IS.

IT DOESN'T SAY WAY. GOOD JOB. OKAY. HOW MANY PHOTOS DO WE HAVE?

[00:25:04]

THREE. THREE. THREE. OKAY. ALL RIGHT. I DIDN'T TOUCH ANYTHING.

WHAT'D YOU DO? TOUCH NOTHING. WHAT'D YOU DO? OKAY. OKAY. SO THERE'S ONE. OKAY.

MISS PRINCE. MISS RIMES, YOU HAVE AN OPPORTUNITY TO SEE THOSE PHOTOGRAPHS? CAN WE DO IT ONE MORE TIME? I WAS. THE FIRST ONE.

OKAY. TWO. YEAH. THANK YOU. YES. ALL RIGHT. ANY OBJECTION TO THOSE BEING RECEIVED INTO THE RECORD? NONE FROM ME. ALL RIGHT. THEY'LL BE RECEIVED WITHOUT OBJECTION.

OKAY. MR. FREEMAN, THANK YOU FOR BEING PATIENT WITH US.

THE FLOOR IS YOURS. I JUST SAW WE'RE TRYING TO GET IT DONE.

THE WIFE WANTED TO DO IT HERSELF, SO. AND, YOU KNOW, THE WEATHER AND EVERYTHING ELSE AND WORK, SO. OKAY. WE'RE GETTING IT LITTLE BY LITTLE. BUT I'LL GO AHEAD AND GET ON IT AND GET IT DONE.

HOW LONG DO YOU THINK IT WOULD TAKE TO GET IT DONE? I HOPE TO GET IT DONE IN THE NEXT MONTH OR SO.

OKAY. AT LEAST BY TO SEE IT'S ALL MADE HOPEFULLY BY THE END OF JUNE.

OKAY, SO WHAT THE CITY HAS REQUESTED IS THAT I SET A COMPLIANCE DATE WITHIN 30 DAYS.

OKAY. AND I JUST WANT TO MAKE SURE THAT WE DON'T HAVE TO COME BACK.

DO YOU THINK YOU CAN GET IT DONE WITHIN THAT 30 DAYS? THAT WOULD BE. I WILL MAKE IT MY, YES TO GET IT DONE.

AND WHAT I DID FOR THE OTHER CASE WAS SINCE THAT 30TH DAY FELL ON A WEEKEND, JUST CARRIED IT TO THE NEXT MONDAY, WHICH WOULD BE JUNE THE 8TH. OKAY, THAT'LL BE FINE.

OKAY, ALL RIGHT. DO YOU HAVE ANY OTHER QUESTIONS OR ANYTHING ELSE? NO, SIR. I WILL NOTE THAT BASED ON THE PICTURES YOU PRESENTED, THERE'S BEEN ADDITIONAL PROGRESS OVER THE WEEKEND.

SO INSTEAD OF SHOPPING DOWNTOWN AT SHRIMP FEST, YOU'RE OUT THERE.

OH, NO, I WAS WORKING. YEAH. THE WEATHER WAS NICE SUNDAY.

IT WAS. AND IT DOES LOOK LIKE PROGRESS HAS BEEN MADE, AND EVEN SOME OF THE PLYWOOD LOOKS LIKE IT'S BEEN REPLACED OVER AT LEAST ONE OF THE OPENINGS AND PAINTED. AND SO THE PROGRESS IS APPARENT.

BUT OBVIOUSLY A FEW MORE PLACES YOU HAVE TO GET ON A LADDER.

YES, THAT'S THE PROBLEM. YES, SIR. OKAY. SO WITH THAT, UNLESS THERE'S ANYTHING FURTHER FROM ANY PARTY.

THE CITY WOULD ENCOURAGE HIM NOT TO GET ON THE LADDER.

DON'T WORRY, I'M REALLY CAREFUL. BUT OTHERWISE, NO.

OKAY, SO I WILL CLOSE THE PUBLIC HEARING FOR THIS.

AND THEN. SO BASED ON THE EVIDENCE PRESENTED, I'M GOING TO FIND THAT THERE IS COMPETENT, SUBSTANTIAL EVIDENCE THAT THE PROPERTY IS IN VIOLATION OF THE CODE AND THAT SUBSTANTIAL EFFORTS HAVE BEEN MADE TO OBTAIN COMPLIANCE AND IT'S ALMOST THERE.

AND SO BASED ON THAT, WE'RE GOING TO DIRECT THAT THE PROPERTY COME INTO COMPLIANCE BY JUNE THE 8TH, 2026. THERE HAVE BEEN SOME ADMINISTRATIVE COSTS THAT HAVE BEEN INCURRED BY THE CITY AND THEY ARE ENTITLED TO RECOVER THOSE.

AND SO I WILL IMPOSE THE ADMINISTRATIVE COSTS OF $300.82.

WE'LL ALSO IMPOSE A DAILY FINE THAT IF THERE IS IN COMPLIANCE REACHED BY JUNE 8TH OF $50 A DAY BEGINNING ON JUNE THE 9TH.

AND I WOULD ALSO JUST SUGGEST, MR. FREEMAN, THAT IF THERE'S ANY DELAYS OR ANY ISSUES WHETHER, HEALTH, SUPPLIES, ETC., JUST MAKE SURE THAT FOR THE NEXT 30 DAYS, YOU'RE STAYING IN REGULAR CONTACT WITH THE CODE ENFORCEMENT OFFICE AND THEY KNOW WHAT'S GOING ON. THAT'S THE BIGGEST THING. OKAY. WELL.

ALL RIGHT. DO YOU HAVE ANY QUESTIONS? NO, SIR. ALL RIGHT. I WILL HAVE A WRITTEN ORDER THAT'S CONSISTENT WITH THAT ORAL PRONOUNCEMENT GO OUT.

AND IT'S ALREADY THURSDAY. SO PROBABLY THE EARLY PART OF NEXT WEEK.

OKAY. SO IF YOU HAVE ANY QUESTIONS YOU CAN CONTACT THE CODE ENFORCEMENT OFFICE.

ALL RIGHT. OKAY. THANK YOU. YOU'RE VERY WELCOME.

YOU HAVE A GOOD DAY. YOU TOO. OKAY. ARE THERE ANY ITEMS NOT ON THE AGENDA THAT NEED TO BE DISCUSSED? EVERYBODY GOT SET UP TODAY.

DO WE WANT TO TAKE A SECOND? IS THIS GOOD? GOOD WAY TO KEEP IT GOING? I THINK FINE, I JUST IN LOOKING AT THE TWO CASES WE HAD AT THIS HEARING, JUST ONE OF THE THINGS AND THIS IS JUST KIND OF MAYBE BEING A LITTLE BIT TOO TECHNICAL.

THEY'RE BOTH UNDER 42-117(A), BUT IT SEEMS LIKE THERE'S OTHER PROVISIONS OF 42-117 THAT MIGHT BE MORE APPLICABLE OR MORE DETAILED.

AND SO I THINK FOR THE BENEFIT OF THE PROPERTY OWNERS, MAKING SURE THAT WE'RE KIND OF CLARIFYING.

[00:30:04]

BECAUSE WITH BOTH OF THEM, B SEEMS TO BE, YOU KNOW, A LOT MORE APPROPRIATE WHERE IT REQUIRES PAINTED SURFACES, AVOIDING RUST, YOU KNOW, ALL THOSE TYPES OF THINGS.

SO I WOULD JUST SAY IN THE FUTURE, GOING FORWARD, IF WE CAN TRY TO MAKE SURE THAT WE'RE GOING WITH THE MORE SPECIFIC OR NOT POINTING IN ON JUST ONE SECTION, BECAUSE WITH A IT SAYS IT'S GOT TO BE STRUCTURALLY SOUND AND SANITARY SO AS TO NOT POSE A THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE. AND SO I THINK SOME OF THESE MIGHT BE COSMETIC, COSMETIC THAT IS MORE APPROPRIATELY COVERED IN SUBSECTION B.

SO THAT WAS KIND OF MY COMMENT KIND OF GOING FORWARD THAT IT WOULD PROBABLY BE MORE APPROPRIATE TO USE THOSE.

APPRECIATE THE FEEDBACK. I DO KNOW SOME OF THE CASES WERE PICKED UP, SO.

THIS WAS A 2022 CASE. I UNDERSTAND. YEAH, I RECOGNIZE THAT.

AND THAT'S I'M NOT. I DO AGREE WITH THAT, AND THAT IS THAT IS THE GOAL.

YEAH. AND I'M NOT CASTING ANY BLAME OR ANYTHING LIKE THAT.

IT'S JUST IN LOOKING OVER THE CODE, IT SEEMED LIKE THERE MAY BE SOME THAT ARE A LITTLE BIT MORE APPROPRIATE AND PERHAPS WOULD GIVE THE PROPERTY OWNER A LITTLE BIT MORE INTUITION ON WHAT WHAT NEEDS TO BE DONE. THANK YOU.

OKAY. YEAH. ALL RIGHT. AND IF THERE'S NOTHING ELSE, THEN WE WILL ADJOURN.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.