[1. CALL TO ORDER]
[00:00:03]
IT SHOWS 1:30. I'M GOING TO CALL THIS MEETING TO ORDER.
THIS IS THE JULY 2ND, 2020 SECOND CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING.
MY NAME IS HARRISON POOLE. I'M THE SPECIAL MAGISTRATE PRESIDING OVER THIS.
IF EVERYONE WOULD PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
ALL RIGHT. WELCOME, EVERYONE. HERE. THIS IS NOT A COURTROOM, SO IT'S A LITTLE BIT MORE RELAXED, A LITTLE BIT MORE CASUAL. SO WE DON'T OBSERVE ALL OF THE RIGID RULES OF EVIDENCE OR RULES OF LAW.
BUT WE DO HAVE A CERTAIN MINIMUM LEVEL OF DECORUM THAT WE OBSERVE WITH THIS AND.
MISS PRINCE THANK YOU. MAGISTRATE POOLE. A QUASI JUDICIAL HEARING BY STATE AND CASE LAW IS LESS FORMAL THAN A COURT HEARING, AS THE MAGISTRATE HAS STATED.
BUT SIMILAR IN PROCEDURES AND EVIDENCE MATTERS AND REQUIRES THE CODE ENFORCEMENT OFFICER AND THE PROPERTY OWNER AND WITNESSES, IF ANY, TO TESTIFY UNDER OATH. THE CODE ENFORCEMENT OFFICER PRESENTS THE CASE AND EVIDENCE OF THE VIOLATION OF THE CITY CODE OF ORDINANCES OR THE LAND DEVELOPMENT CODE, AND THE PROPERTY OWNER HAS THE RIGHT TO PROVIDE A RESPONSE.
BOTH PARTIES HAVE A RIGHT TO PRESENT EVIDENCE, CALL WITNESS AND QUESTION OPPOSING WITNESSES.
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 IN THE RECORD AND PRESENTED AT THE HEARING. FLORIDA LAW REQUIRES THE SPECIAL MAGISTRATE'S DECISION IN A QUASI JUDICIAL ACTION TO BE SUPPORTED BY COMPETENT, SUBSTANTIAL EVIDENCE PRESENTED TO THE MAGISTRATE DURING THE HEARING.
GENERAL OBJECTIONS WITHOUT SPECIFIC EVIDENCE DO NOT CONSTITUTE SUBSTANTIAL EVIDENCE.
SUBSTANTIAL EVIDENCE. THE PROPERTY OWNER IS ENTITLED TO BE REPRESENTED BY COUNSEL.
IF ANY PROPERTY OWNER DESIRES A CONTINUANCE TO OBTAIN COUNCIL.
PLEASE COME FORWARD AND MAKE MAKE THE REQUEST.
AT THIS TIME I DO SEE SOME PEOPLE IN THE AUDIENCE.
OR WOULD YOU LIKE TO PROCEED WITHOUT COUNSEL? FOR THE HEARING TODAY? OKAY. AND THEN THE HEARING PROCEDURES, WE WILL SWEAR EVERYONE IN, THE CODE ENFORCEMENT OFFICER HAS 15 MINUTES TO PRESENT HER CASE. THE RESPONDENT CAN ASK QUESTIONS AND HAS FIVE MINUTES FOR THAT.
THE, THE PROPERTY OWNER RESPONDENT WILL BE GIVEN 15 MINUTES TO TESTIFY.
ALL WITNESSES WHO PRESENT EVIDENCE FOR OR AGAINST THE CODE ENFORCEMENT VIOLATION WILL ADDRESS THE SPECIAL MAGISTRATE, AND ANY DOCUMENTS THAT YOU PROVIDE OR PHOTOGRAPHS WILL HAVE TO BE SUBMITTED TO EVIDENCE TO OUR RECORDING SECRETARY HERE ON MY LEFT AND IT WILL NOT BE RETURNED TO YOU.
THE SPECIAL MAGISTRATE WILL ALLOW THE CODE ENFORCEMENT OFFICER TO PROVIDE FINAL COMMENTS AND THEN CLOSE THE PUBLIC HEARING AND DISCUSS THE CASE AND ASK ANY QUESTIONS THAT HE MAY HAVE. ANY DECISION OF THE SPECIAL MAGISTRATE SHOULD INCLUDE WHETHER THE SPECIAL MAGISTRATE FINDS COMPETENT, SUBSTANTIAL EVIDENCE IN THE RECORD AND THE TESTIMONY TO FIND THE PROPERTY IN VIOLATION.
THE MEETING IS BEING RECORDED. SO THE DECORUM THAT THE SPECIAL MAGISTRATE DISCUSSED IS THAT NO APPLAUSE, NO OUTBURSTS. THE THREE OF YOU DON'T LOOK TOO RAMBUNCTIOUS OUT THERE.
THE OFFICE, MY OFFICE REPRESENTS THE CODE ENFORCEMENT OFFICER AND THE CITY OF FERNANDINA BEACH.
THE SPECIAL MAGISTRATE MAY EXTEND ANY OF THE TIMES THAT I'VE INDICATED HERE IN AND IF ANYONE HAS ANY QUESTIONS REGARDING THIS PROCEDURE, YOU CAN ASK THEM AT THIS TIME. QUESTIONS. AND THEN ACCORDING TO FLORIDA LAW, IF YOU, IF ANY PROPERTY OWNER OR ANYONE WISHES TO APPEAL THE DECISION OF THE SPECIAL MAGISTRAE, THEN YOU WILL NEED TO
[00:05:06]
PRESERVE A RECORD OF THE PROCEEDINGS FOR SUCH PURPOSE AND ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED, AND YOU HAVE 30 DAYS FROM THE DATE THE DECISION IS RENDERED, RENDERED TO APPEAL. AND WITH THAT, MAGISTRATE POOLE.THANK YOU, MISS PRINCE. WOULD ANYONE THAT INTENDS TO GIVE ANY TESTIMONY OR INTRODUCE ANY EVIDENCE, PLEASE STAND AT THIS TIME TO BE SWORN BY THE CLERK.
OKAY. PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY AND OR EVIDENCE YOU ARE ABOUT TO GIVE AND OR PRESENT IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
YOU MAY BE SEATED. THANK YOU. ALL RIGHT. SO OUR NEXT ITEM ON THE AGENDA IS THE APPROVAL OF MINUTES.
[3. APPROVAL OF MINUTES]
I DID REVIEW THE MINUTES FROM THE JUNE 4TH, 2026 MEETING.DID ANYONE HAVE ANY OTHER COMMENTS OR CHANGES TO THOSE? THAT BEING THE CASE, THOSE MINUTES WILL BE APPROVED.
ARE THERE ANY CHANGES TO THE AGENDA? YES. MAGISTRATE POOLE.
I WILL CONFIRM WITH THE CODE ENFORCEMENT OFFICER, BUT I BELIEVE 4.1 IS BEING PULLED FROM THE AGENDA.
IS THAT CORRECT? THAT'S CORRECT. SO OUR FIRST CASE WILL BE 4.2.
ALL RIGHT. SO WE WILL MOVE THEN TO OUR NEXT CASE.
[4.2 RUBY D. WHITE EST. C/O TABITHA PETERSON, 419 S. 6TH ST., CASE 2025-0430.]
THAT'S 4.2. RUBY D. WHITE ESTATE CARE OF TABITHA PETERSON PROPERTY 419 SOUTH SIXTH STREET CASE NUMBER 2025-430. AND ARE YOU MISS PETERSON? YEAH, IF YOU WOULD, I THINK IT'S PROBABLY BEST TO GO AHEAD AND COME OVER TO THE PODIUM.FIRST. AND IF YOU WOULDN'T MIND, PLEASE JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD.
OKAY, SO MY NAME IS TABITHA PETERSON. MY ADDRESS IS 8312 YELLOW LANE, TALLAHASSEE, FLORIDA, 32311. OKAY. WELL, WELCOME, MISS PETERSON. AND SO FIRST, CODE ENFORCEMENT WILL PRESENT THEIR CASE.
OKAY. FOR ME TO CONSIDER. OKAY. OKAY. SO WITH THAT, ARE THERE ANY DOCUMENTS OR EVIDENCE THAT THE CITY WOULD LIKE TO BE ADMITTED INTO THE RECORD? YES. MAGISTRATE POOLE, WE HAVE THE 13 PAGE PRESENTATION REGARDING CODE ENFORCEMENT ACTION 2025-0430 FOR 419 SOUTH SIXTH STREET. GREAT. AND, MISS PETERSON, DO YOU HAVE ANY OBJECTION TO THAT BEING RECEIVED INTO THE RECORD? NO. OKAY. THAT'LL BE RECEIVED WITHOUT OBJECTION.
MISS PRINCE, YOU MAY PROCEED WITH THE PRESENTATION OF THE CASE.
THANK YOU. AT THIS TIME, I WOULD LIKE TO CODE ENFORCEMENT OFFICER TO PRESENT THE CITY'S CASE.
I'LL BE PRESENTING CASE NUMBER 2026-04. SORRY, 2025-0430.
ALL RIGHT. THE SUBJECT PROPERTY IS LOCATED AT 419 SOUTH SIXTH STREET.
AND THE PROPERTY'S OWNER MAILING ADDRESS IS 419 SOUTH SIXTH STREET.
AND THE RECORDED PROPERTY OWNER IS RUBY D WHITE ESTATE, CARE OF TABITHA PETERSON.
AND THIS HERE SHOWS THE PROPERTY DEED. THE OWNERSHIP HAS BEEN VERIFIED THROUGH THE NASSAU COUNTY PROPERTY APPRAISER RECORDS, AND THE PROPER PARTIES HAVE BEEN NOTIFIED IN ACCORDANCE WITH FLORIDA STATE STATUTES CHAPTER 162. SO REGARDING THE VIOLATION DETAILS, THE PROPERTY WAS INITIALLY CITED FOR 42-173 DIRECT OR INOPERABLE MOTOR VEHICLES, AND THAT DID COMPLY.
ON MAY 28TH, 2025, THEY REMOVED THE VEHICLE FROM THE PROPERTY BY COMPLYING THAT.
THE PROPERTY WAS ALSO CITED FOR 42-116, (A)(1) DUTY TO MAINTAIN PROPERTY AND THE PROPERTY OWNER CUT THE GRASS, WEEDS, OVERGROWTH AND TRIMMED VEGETATION AWAY FROM THE STRUCTURES WINDOWS ROOFLINE.
THIS COMPLIED ON JUNE 17TH, 2026. THE PROPERTY WAS ALSO CITED FOR 42-117 (A) FAILURE TO MAINTAIN THE EXTERIOR STRUCTURE, (B) EXTERIOR SURFACES, MAINTENANCE, (E) EXTERIOR WALL MAINTENANCE AND (F) ROOF FLASHING AND DRAINAGE MAINTENANCE, WHICH THAT ONE IS STILL IN VIOLATION.
ALL THAT'S PERTAINING TO 42-117. THESE PHOTOGRAPHS WERE TAKEN DURING THE FIRST INITIAL INSPECTION APRIL 22ND, 2025. IT REVEALS THE OVERGROWTH AND THE INOPERABLE VEHICLE.
A COURTESY NOTICE WAS LEFT AT THE FRONT DOOR.
[00:10:05]
2026, AND THAT REVEALED 42-116 DUTY TO MAINTAIN PROPERTY REMAIN IN VIOLATION AND UPON THIS INSPECTION, ADDITIONAL VIOLATIONS WERE OBSERVED REGARDING THE EXTERIOR STRUCTURE MAINTENANCE.I WANT TO ACTUALLY KIND OF GO BACK AND JUST SHOW YOU A LITTLE CLOSER.
OH, HOW DO I DO THIS? THERE WE GO. ONE OF THE LARGEST THINGS THAT CAUGHT MY ATTENTION WAS THE BIG HOLE IN THE WALL ON THE SIDE AND A LOT OF AREAS THAT ARE NOT SEALED WHICH CAN LEAVE THE STRUCTURE EXPOSED.
AND ON THE FRONT SIDE OF THE HOUSE, AT THE ROOF LINE, THERE WAS A LOT OF TRIM.
I WISH THE LASER POINTER WAS WORKING, BUT IT'S NOT WANTING TO WORK FOR ME RIGHT NOW.
SORRY. ANYWAYS AT THE VERY TOP, YOU CAN SEE THERE'S SOME DAMAGE TO THE TRIM AREA.
YOU CAN SEE EXTERIOR PAINT IS PEELING AND FLAKING.
AND IN THIS PHOTO IT WAS ASKED TO CLEAN THE EXTERIOR OF THE HOME.
AND THAT WAS DONE FOR THE SIDE OF THE HOME, SO YOU'LL SEE THAT NEXT PHOTOS.
I BELIEVE. THIS PHOTO WAS TAKEN APRIL 6TH, 2026 DURING THE POSTING INSPECTION. SO ON THIS ONE, YOU CAN SEE THE DETERIORATED TRIM AND ROOF COMPONENTS PEELING AND FLAKING, PAINT, DAMAGED, MISSING PIECE OF A LIGHT FIXTURE, AND VISIBLE OPENINGS WHICH WOULD BE RIGHT HERE IN THIS PHOTO.
THESE PHOTOGRAPHS WERE TAKEN JUNE 17TH, 2026.
PICTURE IN THE FRONT ON THE PORCH AREA SHOWS PEELING AND CHIPPED PAINT.
THE SECOND PHOTO, YOU CAN SEE WHERE IT WAS CLEANED, BUT YOU CAN ALSO SEE THE DAMAGED EXTERIOR MATERIALS, EXTERIOR MATERIALS, AND ROOF COMPONENTS. THERE ALSO ARE SOME, STILL REMAIN, THE VISIBLE OPENINGS ON THE EXTERIOR WALL RIGHT HERE.
ON JUNE 17TH, A NOTICE OF VIOLATION OF HEARING LETTER WAS POSTED ON THE FRONT DOOR.
AN AFFIDAVIT OF SERVICE WAS COMPLETED FOR THE POSTING.
THE INITIAL INSPECTION BEGAN MAY 28TH, 2025. THE ORIGINAL COMPLIANCE DATE WAS JUNE 4TH, 2025.
EIGHT TOTAL RE INSPECTIONS HAVE BEEN CONDUCTED AND THEN ADDITIONAL VIOLATION 42-117 WAS ADDED TO THE CASE MAY 2026 TO TO THE OVERALL CONDITION WORSENING OF THE STRUCTURE.
THE CITY HAS INCURRED ADMINISTRATIVE COSTS IN THE AMOUNT OF 241 60.
AND AT THIS TIME, THE CITY HAS RECOMMENDED THE FOLLOWING TO FIND THE RESPONDENT IN VIOLATION OF 42117 (A), (B), (E), AND (F). ORDER COMPLIANCE WITHIN 30 DAYS, WHICH WOULD BE AUGUST 1ST, 2026.
ASSESS AT ADMINISTRATIVE FEES AND THEN IMPOSE A FINE OF $50 PER DAY PER VIOLATION BEGINNING ON AUGUST 2ND, 2026. AND THAT CONCLUDES MY PRESENTATION. THANK YOU, MISS RIMES.
MISS PETERSON, DID YOU HAVE ANY QUESTIONS FOR MISS RIMES? I GUESS MY MAIN QUESTION IS I UNDERSTAND THE NOTICES AND I COMPLY TO THE ORIGINAL.
I JUST WANT TO KNOW HOW CAN YOU ADD A NEW VIOLATION AND GIVE ME A SHORT AMOUNT OF TIME? BECAUSE I WAS WORKING TOWARDS THE ORIGINAL ITEMS. AND YES, IT DID TAKE SOME TIME, BUT I WAS WORKING TOWARDS THE ORIGINAL ITEMS. AND SO NOW THAT SHE'S GIVING ME THIS NEW PROBLEM THAT I'M TRYING TO SOLVE, TO BE HONEST, I HAVE TO FIND THE FUNDING FOR A CAPITAL PROJECT LIKE THAT BECAUSE I DID
[00:15:07]
GET AN ESTIMATE, AND IT'S GOING TO BE ABOUT $30,000 TO COMPLY WITH YOU GUYS.AND AS I'VE STATED, I'VE TALKED TO YOU BEFORE CRYSTAL.
I'M A SINGLE MOM. I HAVE FOUR KIDS. I LIVE IN TALLAHASSEE.
LIKE THAT'S WHERE MY LIFE IS. SO FOR ME TO BE ABLE TO COMPLY BY AUGUST 2ND ON A PROBLEM THAT JUST WAS BROUGHT TO MY ATTENTION IN MAY, I'M GOING TO NEED AN EXTENSION AND SOME TIME.
I GOTTA IDENTIFY A WAY TO, TO FINANCIALLY BE ABLE TO COMPLY TO THIS.
I UNDERSTAND. AM I ALLOWED TO TO SPEAK BACK TO THAT? SURE. OKAY. SO WHAT WAS CONCERNING WAS, YOU KNOW, IN THAT 400 DAYS TIME SPAN, I WAS CONCERNED THAT IF WE DID NOT BRING IT HERE, THAT CONDITIONS COULD WORSE AND ADDITIONAL VIOLATIONS WOULD BE ADDED ON.
SO THAT'S THAT'S WHERE I WAS WITH IT. OKAY. FLORIDA LAW DO THE TIMING IS PERMISSIBLE.
IT'S NOT YOU KNOW, YOU'RE OBVIOUSLY WELCOME TO ASK FOR EXTENSIONS.
BUT WE DID FOLLOW THE STATUTORY REQUIREMENTS.
OKAY. AND DID I UNDERSTAND CORRECTLY THAT THIS WAS SOMETHING THAT WAS NOT OBSERVABLE PREVIOUSLY, PARTIALLY BECAUSE OF THE OVERGROWTH OR. I WASN'T AT THE PROPERTY FOR THE VERY INITIAL INSPECTION WHEN IT.
THE CASE FIRST OPENED, WE HAD A CASE TRANSFER INSPECTION.
AND THAT'S, YOU KNOW, AFTER TIME WORKING WITH HER WORKING WITH THE EXTENSIONS TO GIVE SOME TIME, THAT'S WHEN EVENTUALLY I NOTICED IT WAS, IT REALLY WAS GETTING IN WORSE SHAPE AND IT NEEDED TO BE ADDRESSED.
MISS PETERSON, WERE THERE ANY DOCUMENTS OR EVIDENCE THAT YOU'D LIKE TO BE ENTERED INTO THE RECORD? THE ONLY THING THAT I COULD PROVIDE FOR YOU GUYS RIGHT NOW, I MEAN, THE PRIOR COMPLIANCE DOESN'T MATTER, BUT I DO HAVE THE RECEIPT OF THE PRIOR COMPLIANCE WHERE I PAID FOR THE PRESSURE WASHING IN THE YARD TO BE TAKEN CARE OF.
BUT I ALSO HAVE THE QUOTE FOR THE REPAIRS TO THE HOUSE FROM A GENERAL CONTRACTOR IF I NEEDED TO SUBMIT THAT, IF THAT GRANTS ME THE EXTENSION, I HAVE THAT TO PROVIDE TODAY.
OKAY. HOW MUCH TIME DO YOU THINK YOU NEED? I WOULD NEED AT LEAST 2 TO 3 MONTHS TO TO FIGURE OUT A FINANCIAL WAY TO PAY FOR THIS. AND IN THE INTERIM, DO YOU THINK YOU WOULD BE ABLE TO GO AHEAD AND AT LEAST COVER UP SOME OF THE OPENINGS IN THE EXTERIOR OF THE HOUSE? YES. MAKE SURE THERE AREN'T ANY PENETRATIONS.
I'VE ALSO IDENTIFIED A HANDY GUY, A HANDYMAN.
THAT'S ACTUALLY THE PERSON THAT HELPED ME COMPLY WITH THE PRIOR THINGS.
THAT HAS TAKEN A LOOK AND IS WILLING TO WORK WITH ME ON A SOLUTION.
THEY WANTED ME TO COME TO THE HEARING FIRST. RIGHT.
OKAY. OKAY. BECAUSE, I MEAN, YOU SAID THE THE OTHER COMPLIANCE ISSUES DON'T MATTER.
I THINK THEY DO. I MEAN, IT SHOWS THAT YOU ARE PAYING ATTENTION TO THIS.
YOU ARE ADDRESSING IT. SO NO, I THINK THAT IS IMPORTANT.
AND SO TO HAVE YOU COME IN AND SEE THAT THERE HAVE BEEN EFFORTS MADE.
YES, SIR, I UNDERSTAND. NO, WE APPRECIATE HAVING YOU HERE.
IF YOU CAN COMMIT TO GETTING THE HANDYMAN TO DO THE IMMEDIATE, YOU KNOW, SEAL UP ALL OF THE PENETRATIONS IN THE EXTERIOR WHILE YOU'RE WORKING TO PUT TOGETHER THE, THE FUNDING AND WORK OUT HOW TO MAKE A DEAL WITH THE CONTRACTOR TO GET INTO COMPLIANCE.
THEN I WOULD BE AGREEABLE TO MORE TIME. WHAT WOULD THE CITY'S POSITION BE ON GRANTING AN EXTENDED COMPLIANCE DATE? THE CITY IS NOT OPPOSED TO GRANTING AN EXTENDED TIME FRAME FOR COMPLIANCE.
JUST KEEP IN MIND THAT USUALLY WHEN THE PROPERTY IS IN THIS TYPE OF CONDITION, IT USUALLY TENDS TO GO DOWNHILL EXPONENTIALLY, ESPECIALLY BECAUSE OF THOSE OPENINGS. IT USUALLY DETERIORATES MUCH FASTER.
SO JUST YEAH, LIKE YOU SAID, TRY AND KEEP IT.
TRY AND COVER ALL OF THOSE HOLES AS SOON AS POSSIBLE BECAUSE THAT $30,000 CAN VERY EASILY GROW TO MUCH MORE EXPENSIVE IF THIS TAKES A LONG TIME. UNDERSTOOD. YEAH. ESPECIALLY WHEN YOU CAN'T SEE IT AND YOU START PEELING BACK THE DIFFERENT LAYERS AND SEEING WHERE THE DAMAGE IS.
RIGHT? YES, SIR. SO WE CERTAINLY WANT IT TO GET BETTER, NOT WORSE.
I UNDERSTAND. SO IS THERE ANYTHING ELSE THAT I NEED FROM EITHER SIDE?
[00:20:05]
WHEN IS OUR DATE? IN OCTOBER. OCTOBER. I ALMOST THOUGHT THE CALENDAR. IT'S THE FIRST THURSDAY. CORRECT.SO IT'S GOING TO BE OCTOBER 1ST BECAUSE IT'S ONE OF THOSE FIVE THURSDAY MONTHS.
GOSH. HERE WE GO. AND WHILE YOU'RE CONSIDERING HARRISON, MAGISTRATE POOLE.
FORGIVE ME. COULD THE CITY REQUEST AT LEAST THE THAT THE MAGISTRATE INCLUDE A SHORTER TIME PERIOD FOR THE COVERING OF THE. OKAY. THAT'S FINE. OF COURSE. OKAY. OKAY, SO BASED ON THE EVIDENCE PRESENTED, I'M GOING TO FIND THAT THERE IS SUBSTANTIAL AND COMPETENT EVIDENCE TO SUPPORT A FINDING THAT THE PROPERTY IS IN VIOLATION OF THE CODE, PARTICULARLY OF PROVISIONS 42-117 SUBSECTIONS (A), (B), (E), AND (F).
AND THEN THE REST OF IT, IT'S BEEN IDENTIFIED.
I'M GOING TO SET A COMPLIANCE DATE FOR SEPTEMBER THE 24TH.
OKAY. AND I'M GOING TO ORDER THAT IF THE PROPERTY IS NOT IN COMPLIANCE, THAT A FINE BE IMPOSED BEGINNING ON SEPTEMBER THE 25TH. OKAY. AND DO WE NEED TO BRING THIS BACK FOR ANOTHER MEETING? I DON'T THINK WE'RE REQUIRED TO. YOU CAN ORDER A REAPPEARANCE.
I JUST JUST IN CASE THE PROJECT STARTED. BUT THEY HAVEN'T FINISHED THE WORK YET.
I DON'T WANT THEM TO GET, YOU KNOW, FINED IF THEY'RE IN THE PROCESS OF, OF CORRECTING IT.
OKAY. SO YEAH. RIGHT. SO WHAT WE'LL DO IS WE'LL, WE'LL, WE'LL SET THAT AS THE COMPLIANCE DATE.
THAT'S SEPTEMBER THE 24TH. THAT'S THE WEEK BEFORE OUR OCTOBER THE 1ST MEETING.
OKAY. IF THERE IS ONE. SO THAT MEANS THAT IF EVERYTHING HAS BEEN TAKEN CARE OF AND THEY GIVE YOU THE GO AHEAD, YOU DON'T HAVE TO COME BACK. OKAY? AND WE'RE GOOD IF THERE HAVE BEEN DELAYS, BUT YOU'RE MAKING PROGRESS AND YOU CAN COME IN AND SHOW THOSE EFFORTS.
OKAY, THAT'S WHAT THAT THAT TIME FRAME WOULD BE APPROPRIATE FOR THE FIRST.
OKAY. ALL RIGHT. DO YOU HAVE ANY QUESTIONS? NO, SIR.
I'M ALSO GOING TO FIND THAT THE THE CITY IS ENTITLED TO THE RECOVERY OF THEIR ADMINISTRATIVE COSTS AND THE AMOUNT OF $241.60, AND IT'S POSSIBLE THAT MAY INCREASE IF THEY INCUR ADDITIONAL COSTS BECAUSE OF ADDITIONAL MEETINGS OR INSPECTIONS.
OKAY. OKAY. SO I WILL ENTER A WRITTEN ORDER THAT'S CONSISTENT WITH THAT IN THE NEXT NEXT WEEK.
OKAY. BECAUSE WE'RE GETTING UP TO THE HOLIDAYS, SO.
OKAY. BE ON THE LOOKOUT FOR THAT. AND THE OTHER ADVICE IS TO STAY IN CONTACT WITH, WITH MR. RIMES OFFICE AND KEEP HER UPDATED OF YOUR EFFORTS.
OKAY. THANK YOU. YOU'RE WELCOME. HAVE A NICE FOURTH AND A SAFE DRIVE BACK DOWN I-10.
THANK YOU. SURE. AND IF I MAY, MAGISTRATE POOLE, YOU.
DO YOU KNOW HOW TO GET IN TOUCH WITH EACH OTHER, CORRECT? YES. I'M NEVER CLEAR ON WHO WE. OKAY, GREAT. THAT WAY, WE CAN STAY IN TOUCH.
OKAY. OKAY. AND Y'ALL. Y'ALL. YES. THANK YOU VERY MUCH.
ALL RIGHT, SO WE'RE GOING TO MOVE ON TO OUR NEXT CASE ON THE AGENDA. THIS IS ITEM 4.3.
[4.3 AM AMELIA ISLAND HOTEL LLC DBA ELIZABETH POINTE LODGE, 98 S. FLETCHER AVE., CASE 2026-0083. ]
THIS PROPERTY IS THE AM AMELIA ISLAND HOTEL LLC DOING BUSINESS AS ELIZABETH POINTE LODGE AT 98 SOUTH FLETCHER AVENUE.CASE NUMBER 2026-0083. IS THERE ANYONE HERE ON BEHALF OF THE PROPERTY OWNER? OKAY. SEEING NONE. MISS PRINCE, ARE THERE ANY DOCUMENTS OR ITEMS YOU'D LIKE TO BE RECEIVED INTO THE RECORD AS EVIDENCE? YES. MAGISTRATE POOLE, WE HAVE THE STAFF PRESENTATION FOR 98 SOUTH FLETCHER AVENUE.
THAT CONSISTS OF 13 PAGES THAT WE WOULD LIKE TO ENTER INTO EVIDENCE.
ALL RIGHT. AND THAT WILL BE RECEIVED INTO THE RECORD WITHOUT OBJECTION.
YOU MAY PROCEED WITH YOUR PRESENTATION. THANK YOU.
[00:25:03]
AT THIS TIME, I'D LIKE THE CODE ENFORCEMENT OFFICER TO PRESENT THE CITY'S CASE.ALL RIGHT. THE SUBJECT PROPERTY IS LOCATED AT 98 SOUTH FLETCHER AVENUE, FERNANDINA BEACH, FLORIDA. THE MAILING ADDRESS IS 100 WEST WASHINGTON STREET, SUITE 300, GREENVILLE, SOUTH CAROLINA.
AND THE RECORDED PROPERTY OWNERS, AM AMELIA ISLAND HOTEL, LLC.
VIOLATION DETAILS. ALL RIGHT. THIS PROPERTY WAS CITED FOR 3.0601.
(A) OUTDOOR LIGHTING ARTIFICIAL LIGHT WAS OBSERVED, A MAN EMANATING FROM THE PROPERTY ONTO THE PUBLIC BEACHES. AND THIS COULD DETER ADULT FEMALE SEA TURTLES FROM NESTING AND DISORIENT HATCHLINGS.
ALL RIGHT. AND THE PHOTO ON THE LEFT WAS TAKEN.
ALL THESE PHOTOS WERE TAKEN AT DIFFERENT THREE DIFFERENT NIGHTTIME INSPECTIONS.
THE ONE ON THE FAR LEFT WAS MAY 4TH, 2026. THE MIDDLE ONE WAS JUNE 1ST, 2026.
AND THE THIRD ONE ON THE RIGHT IS JUNE 18TH, 2026.
SO JUST TO GIVE YOU A BETTER IDEA NOW, AND I JUST WANT TO NOTE, IT DOESN'T LOOK LIKE IT'S FULLY NIGHTTIME IN THESE PHOTOS. IT WAS WELL AFTER 9 P.M. AND FULLY DARK.
IT IS A LITTLE BIT OF SMART TECHNOLOGY THAT HELPS WITH THIS, BUT THE LIGHTING COMING FROM THE STRUCTURES IS VERY ACCURATE. SO THE FIRST ONE YOU CAN SEE THERE IS YOU CAN SEE DIRECT LIGHT SOURCES.
THE TOP LEFT WINDOW IS A DIRECT LIGHT SOURCE, TOP RIGHT WINDOW, THE MIDDLE SECOND STORY ON THE BOTTOM STORY, THERE'S A LIGHT SOURCE THAT IS SHINING THROUGH.
COME IN FROM AN EXTERIOR LIGHT AS WELL. ALL THE UPPERS WERE INTERIOR LIGHT.
AND THEN HERE THE TOP RIGHT. AND WHAT'S INTERESTING IS SOME OF THEM ALMOST LOOK LIKE THERE IS LED LIGHTS INSIDE RATHER THAN SOFT WHITE LIGHTS. BUT IT COULD BE A TELEVISION AS WELL THAT'S PUTTING OFF THAT APPEARANCE, BUT YOU CAN STILL SEE THERE REALLY WERE NO CHANGES IN DIRECT LIGHT SOURCES THAT WERE NOT SEA TURTLE FRIENDLY ARE STILL COMING THROUGH.
AND THE SAME WITH THE THIRD INSPECTION ON JUNE 18TH, NO CHANGES.
CHANGES WERE MADE. A NOTICE OF VIOLATION NOTICE OF HEARING LETTER WAS PREPARED AND THIS ALLOWED 14 DAYS FOR COMPLIANCE. ON MAY 14TH WE POSTED THE NOTICE OF, OR I POSTED THE NOTICE ON THE FRONT DOOR OF THE MAIN STRUCTURE OF THE PROPERTY. I ALSO MET WITH THE MANAGER OF ELIZABETH POINTE LODGE.
HER NAME IS TINA KIDD AND I EXPLAINED THE VIOLATIONS, THE REQUIRED CORRECTIVE ACTIONS.
WE HAD TO SEND OUT AN ADDITIONAL NOTICE OF VIOLATION CERTIFIED MAIL TO ENSURE DUE PROCESS.
SO TO GIVE YOU A BETTER IDEA OF THE CASE TIMELINE, SEA TURTLE SEASON BEGAN MAY 1ST.
BY MAY 4TH, WE OBSERVED THIS PROPERTY IN VIOLATION.
WE OBSERVED IT AGAIN. WE'RE SORRY WE DELIVERED THE NOTICE.
MAY 14TH, JUNE 1ST. AT NIGHTTIME, WE NOTICED THIS.
JUNE 3RD. WE SENT THE NOTICE CERTIFIED MAIL IN JUNE 18TH.
THE THIRD INSPECTION WAS CONDUCTED AND NO CHANGES WERE MADE.
THE CITY HAS INCURRED ADMINISTRATIVE COSTS IN THE AMOUNTS OF 219.60.
NO EXTENSIONS HAVE BEEN GRANTED NOR REQUESTED.
THIS PROPERTY HAS BEEN IN VIOLATION 56 DAYS AND SEA TURTLE SEASON NESTING SEASON DOES END OCTOBER 31ST, 2026. THE CITY'S RECOMMENDATION IS TO FINE THE RESPONDENT IN VIOLATION OF 3.0601(A) OUTDOOR
[00:30:06]
LIGHTING ORDER COMPLIANCE WITHIN 14 DAYS, WHICH IS JULY 16TH, 2026.AUTHORIZE ADMIN FEES AND IMPOSE A FINE OF THE HIGHEST AMOUNT THAT WE ARE ALLOWED $250 PER DAY BEGINNING ON JULY 17TH AND TO END ON NOVEMBER 1ST, DUE TO SEA TURTLE NESTING SEASON COMING TO AN END, WE CANNOT GO PAST THAT.
SO THAT CONCLUDES MY PRESENTATION. I MEAN, IF IT'S NOT IN COMPLIANCE, IT COULD.
AND MAYBE THIS MIGHT BE A QUESTION FOR MISS PRINCE, BUT IF I ORDERED THAT IT COME INTO COMPLIANCE AND IF IT'S NOT, AND THEN I SPECIFY THAT A DAILY FINE BE IMPOSED FOR EACH DAY, THAT IT'S NOT IN COMPLIANCE FOR THOSE DAYS THAT FALL BETWEEN MAY 1ST AND OCTOBER 31ST OF EACH YEAR. OF EACH YEAR. UNTIL THEY'RE IN COMPLIANCE.
SURE, YOU CAN DO THAT OF EACH YEAR. I MEAN, I JUST YEAH.
YEAH. I MEAN, IT REALLY, THE THOUGHT WAS THAT NOVEMBER 1ST, THE CASE WILL COME INTO COMPLIANCE, SO THE CASE SHOULD BE CLOSED AT THAT POINT THERE.
I DON'T KNOW. I MEAN, I UNDERSTAND THAT THE TURTLE SEASON IS UNIQUE FOR THIS BECAUSE YOU JUST HAVE THAT FINITE WINDOW WHERE THERE'S A VIOLATION AND THE REST OF THE YEAR, IT'S FINE. BUT SO WHAT DOES COMPLIANCE LOOK LIKE FOR THEM? IS THIS REPLACING SOME OF THE LIGHT FIXTURES OR BULBS, TINTING WINDOWS, BASICALLY INSTALLING DRAPES.
I MEAN, SOME OF THEM WITH THEIR ROOMS AND THEIR GUESTS, IT CAN HARD TO CONTROL AND TELL YOUR GUESTS THAT RENTED AN OCEANFRONT ROOM AT A B&B TO NOT OPEN UP THE WINDOWS? WELL, YEAH, IT IS.
AND THAT'S WHAT I RECOMMENDED WHEN I HAD THE CONVERSATION WITH THE MANAGER IS TO, YOU KNOW, POST ALL OVER THE ROOM TO, YOU KNOW, CLOSE SOME CLOSE THE SHADES.
AND AFTER MY RESEARCH, IT WAS NOT SEA TURTLE GLASS THAT I COULD FIND.
I COULDN'T FIND ANY EVIDENCE THAT THAT WAS. AND THE WHOLE GOAL WAS, WELL, I MEAN, THE WINDOWS, THOSE WERE REPLACED TEN YEARS AGO OR SO WHEN ALL OF THE WINDOWS.
I KNOW CLAYTON BUCHANAN. YEAH, YEAH THEY DID.
IT ACTUALLY SEEMED LIKE IT MAY HAVE BEEN MORE RECENT THAN THAT.
AND I LOOKED UP THE PERMIT AND ALL THE MATERIALS, BUT I COULDN'T FIND ANYTHING, ANY EVIDENCE THAT SHOWED THAT IT WAS ACTUALLY LIKE THE GLAZE OPTION WAS SEA TURTLE GLASS. SO IT HAD A DARKER TINT.
NOTHING OF THAT SORT. AND THE 45%, I THINK IS THE MINIMUM FOR IT.
YEAH. SO, AND LIGHT WOULDN'T BLEED THROUGH THAT MUCH.
AND IT SAYS THAT ON ALL OF OUR PERMITTING PAPERWORK, THAT HAVING THE APPROPRIATE TURTLE GLASS DOES NOT DOES NOT RELIEVE THEM OF ANY RESPONSIBILITY OF ANY LIGHT THAT DOES MAKE IT PAST THAT.
AND I THINK YOUR CODE MIGHT BE A LITTLE BIT DIFFERENT THAN THE COUNTY'S, BECAUSE THE COUNTY DOES INCORPORATE SOME OF THE STATUTORY REQUIREMENTS THAT ACTUALLY INCLUDE THAT 45%. YEAH. ONE OF THE BIGGEST THINGS THAT I'VE ACTUALLY WORKED WITH OTHER PEOPLE ON IS WHEN IT'S A RENTAL PROPERTY, SHADING THE INTERIOR LIGHT FIXTURES REALLY HELPS CUT DOWN ON THAT DIRECT ILLUMINATION ILLUMINATION.
SO THAT'S. AND IF I MAY, MAGISTRATE POOLE, MY UNDERSTANDING IS THIS PROPERTY USED TO TAKE MORE ACTION TO PROTECT THE SEA TURTLE. AND IT'S JUST YOU'VE TRIED TO EDUCATE THE NEW OWNER.
CORRECT. AND I THINK THEY THOUGHT THE WINDOWS WERE SUFFICIENT.
[00:35:11]
AND DO YOU HAVE DIRECT KNOWLEDGE OF WHAT THE. YEAH.AND THEY NEVER LANDED ON MY RADAR SINCE I'VE BEEN AN EMPLOYEE HERE AT LEAST.
I ALSO DID HAVE, I TOLD THE MANAGER TO REPLACE TWO EXTERIOR LIGHT FIXTURES AND IT WAS TOLD TO ME THAT IT WOULD ABSOLUTELY BE REPLACED AND THAT WASN'T DONE EITHER.
ON THE, ON THE LOWER LEVEL THAT COULD BE SEEN FROM THE DECK LEVEL.
OKAY. ANYTHING FURTHER? NO. ALL RIGHT. WELL, BASED ON THE EVIDENCE PRESENTED, I'M GOING TO FIND THERE'S COMPETENT, SUBSTANTIAL EVIDENCE TO FIND A VIOLATION OF OUR CODE, PARTICULARLY OF THE REQUIREMENTS OF THE FERNANDINA BEACH LAND DEVELOPMENT CODE, CHAPTER THREE, SUBSECTION SIX, SUBSECTION ZERO ONE, ONE, SUBSECTION.
LET ME SEE A AND B. I THINK WE ONLY CITED (A).
OKAY. IT DOES. OKAY. WELL, (A) IS NEW CONSTRUCTION RECONSTRUCTION OR DEVELOPMENT ACTIVITIES.
B IS THE PUBLIC OR PRIVATE BUILDINGS AND OTHER IMPROVEMENTS ALREADY EXISTING.
SO THAT'S IN B. SO IF YOU GO TO A YEAH. TO MINIMIZE DIRECTLY ELIMINATE RIGHT UNDER THREE.
3.06.01 3.06.01 A OH GOSH, I'M LOOKING AT 3.06.02.
02. YEAH, THAT'S WHY. OKAY. OKAY. ALL RIGHT. HEART ATTACK.
I'M NOT SEEING IT. I'M A LONG DAY. THAT'S ACTUALLY A PARAGRAPH DOWN.
I WAS THINKING IT WAS OUR ATTENTION TO DETAIL. I'M GOING TO FINE, OKAY, THAT THERE IS COMPETENT, SUBSTANTIAL EVIDENCE TO SUPPORT THE VIOLATION OF.
30-601 A() I'M GOING TO AWARD THE CITY THEIR ADMINISTRATIVE COSTS IN THE AMOUNT OF $219.60.
I'M GOING TO ORDER COMPLIANCE BY JULY 16TH AND IMPOSE A DAILY FINE OF $250 A DAY, BEGINNING ON JULY 17TH AND ACCRUING EVERY DAY UNTIL COMPLIANCE IS OBTAINED OR UP TO AND THROUGH OCTOBER 31ST OF 2026. AND OF COURSE, ANY FUTURE VIOLATIONS OF THE SEA TURTLE LIGHTING ORDINANCE IN FUTURE YEARS WOULD BE CONSIDERED A REPEAT VIOLATION, SUBJECT TO THE ENHANCED FINES. IS THERE ANYTHING FURTHER OR ANY CLARIFICATION NEEDED? OKAY. NOTHING. WELL, I WILL ISSUE A WRITTEN ORDER CONSISTENT WITH THAT PRONOUNCEMENT AND PROBABLY NEXT WEEK THERE BEING NO FURTHER BUSINESS, SEEING NO COMMENTS FROM THE PUBLIC, WE WILL ADJOURN.
[00:40:01]
SO THANK YOU EVERYONE. THANK YOU. THANK YOU.