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[Call to Order]

[00:00:02]

REAL-TIME CLOSED CAPTIONING PROVIDED BY U.S. CAPTIONING COMPANY.

>>> >> THIS IS THE JULY 2ND 2020 MEETING OF THE CODE ENFORCEMENT

& APPEALS BOARD. CALL ROLE PLEASE. >> MEMBER BYRD?

>> HERE. >> MEMBER CROW? >> HERE.

>> MEMBER BOYD? >> YOU HAVE TO UNMUTE. >> HERE.

>> MEMBER SHULTS? >> HERE. >> MEMBER CHAPMAN?

>> VICE CHAIR KRESSE HE? >> HERE. >> FOR THOSE IN THE AUDIENCE, OUR LAST MEETING WAS BEFORE THE PANDEMIC SHUT DOWN SO THIS IS OUR FIRST VENTURE THIS WAY.

THERE WITH THIS. HAS ANYBODY HAD AN OPPORTUNITY TO REVIEW THE MINUTES FROM MARC?

[Item 2]

ANY CORRECTIONS OR ADDITIONS IF NOT I'LL ENTERTAIN A MOTION TO ACCEPT THE MINUTES.

>> A MOVE TO ACCEPT. >> SECOND. >> THIRD.

>> MEMBER BYRD? >> YES. >> MEMBER SHULTS?

>> YES. >> MEMBER CROW? SPATS.

>> MEMBER BOYD? >> YES. >> VICE ME KRESSE?

>> YES. >> CHAIR KAUFMAN? >> ANY CHANGES TO THE AGENDA?

>> NO, SIR,. >> WILL THE ATTORNEY PLEASE DESCRIBE BRIEFLY THE PROCEEDINGS

>> WE HAVE TWO CASES TONIGHT THAT WOULD BE CONDUCTED AS EVIDENTIARY HEARINGS.

FIRST MR. WELLS WITH CITY STAFF WILL MAKE A PRESENTATION AND INTRODUCE EVIDENCE INTO THE RECORD. THE RECORD IS AN AUDIO AND VIDEO RECORDING OF THE PROCEEDINGS TONIGHT. IF YOU WANT A VERBATIM RECORD OF THE PROCEEDINGS YOU WOULD NEED TO INSURE THAT SOMEBODY LIKE A COURT REPORTER WAS HERE TONIGHT TO TAKE THAT RECORD FOR YOU.

WE ARE DOING THE VIDEOTAPING. AFTER MR. WELLS, THEN THE CHAIR WILL CALL THE RESPONDENT OR THEIR AGENT TO COME TO THE PODIUM AND PLEASE STATE YOUR NAME AND ADDRESS.

YOU ARE NOT LIMITED BY THE AMOUNT OF TIME THAT YOU GET TO SPEAK.

THIS IS A JUDICIAL HEARING AND YOU ARE HERE TO PRODUCE EVIDENCE, TESTIMONY, DOCUMENTS, WHATEVER YOU WOULD LIKE THE BOARD TO CONSIDER. YOU STATE YOUR CASE AT THAT TIME. IF THERE IS ANYBODY THAT WANTED TO SPEAK ON BEHALF OF THE RESPONDENT OR THE CITY, A WITNESS, WE WILL SWEAR EVERYBODY IN.

MR. WELLS, RESPONDENT WILL BE SWORN IN BEFORE WE START. SO WOULD ANY WITNESSES.

YOU ARE ALSO ALLOWED TO CROSS EXAMINE EACH OTHER, QUESTION EACH OTHER, AND EACH OTHER'S WITNESSES. AT THE CONCLUSION OF THE EVIDENCE AND TESTIMONY, THE BOARD WILL CLOSE PUBLIC HEARING AND THEY WILL DELIBERATE AND THEY WILL HAVE A DECISION USUALLY, SOMETIMES WE CONTINUE CASES, BUT THEY WILL THEN DECIDE WHAT THE WEATHER THERE IS A VIOLATION AND IF THEY DECIDE THERE IS A VIOLATION THE SECOND DECISION WOULD BE WHAT WITH THE FINE BE AND WHAT DOES THAT FIND START. IF THERE IS AN APPEAL, TO BE TAKEN TO THE CIRCUIT COURT OF ANY OF THE DECISIONS ON THE TWO CASES MADE TONIGHT, THAT APPEAL HAS TO BE FILED WITHIN 30 DAYS OF THIS BOARD'S WRITTEN ORDER, WHICH IS USUALLY SIGNED WITHIN A FEW DAYS OF THE HEARING. SO ABOUT 33 TO 35 DAYS. YOU HAVE TO FILE YOUR APPEAL IN COURT OR YOU ARE BARRED FROM APPEALING THE DECISION. AND THEN THE ORDER IN THE FINES CAN BE BECOME A LIEN ON YOUR PROPERTY IF IT IS NOT APPEALED OR IF THE FINES ARE NOT PAID.

AND THE VIOLATION NOT CORRECTED. THAT'S A LIE HAVE. THANK YOU.

>> BEFORE WE BEGIN DOES ANYBODY HAVE ANY EX PARTE COMMUNICATIONS WITH ANY OF THE CASES AND THE PARTIES HERE? THE FIRST CASE IS UNDER NEW BUSINESS, 50,517TH STREET,

[Item 4.1]

ALECIA HOLDINGS. SECTION 42116 FAILURE TO MAINTAIN PROPERTY, 42117,

MAINTENANCE, 42119 GARBAGE. >> MR. CHAIR WE NEED TO DO THE OATH.

>> JUST THE WAY THEY TOLD ME. ANYBODY WHO IS GOING TO TESTIFY OR PARTICIPATE IN THIS HEARING

[00:05:02]

NEEDS TO BE SWORN. MR. WELLS? >> RAISE YOUR RIGHT HAND.

PLEASE SWEAR OR AFFIRM THAT THE TESTIMONY AND EVIDENCE YOU ARE ABOUT TO GIVE AND PRESENT IS

TRUE THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. >> YES.

>> PROCEED. >> GOOD EVENING. MY NAME IS GEORGE WELLS THE PORTLAND OF FERNANDINA BEACH. AT THIS TIME MY WOULD LIKE TO SUBMIT ALL OF OUR EVIDENCE INTO PUBLIC RECORD. THIS CASE IS REALLY GONE ON FOR QUITE A WHILE.

I STARTED IN 2017 AND THIS CASE WAS ONGOING AT THAT TIME. THROUGH SEVERAL OWNERSHIP CHANGES, WE HAD TO START A NEW CASE AND WE STARTED OVER IN MARCH 25TH 2020.

A NEW INSPECTION WAS PERFORMED ON THIS PROPERTY DUE TO CHANGE OF OWNERSHIP.

THIS PROPERTY WAS FOUND TO BE IN VIOLATION OF 42116, ALSO 42117, AND ALSO 42119.

AS OF TODAY, THEY HAVE CORRECTED 42116 AND HAVE CUT THE YARD AND IT IS CLEAN.

THE 42119 ON THE ALL THE TRASH AND RUBBISH HAS BEEN REMOVED. THE ONLY VIOLATION THAT IS STILL EXISTING IS 42117, WHICH IS WHAT YOU SEE ON THE SCREEN. IT IS THE ROOF DAMAGE WITH THE TARP ON IT. THE FIRST INSPECTION WE DID WAS ON MARCH 25TH.

SINCE THE HOUSE IS VACANT, WE WENT AHEAD AND SENT OUT A NOTICE OF VIOLATION AND NOTICE OF HEARING LETTER TO THE NEW OWNERS OF RECORD. THE OWNERS WERE GIVEN 30 DAYS TO APRIL 262 COME INTO COMPLIANCE. THE LETTER WAS RETURNED WITH NO SUCH ADDRESS.

WE DIDN'T RECEIVE THAT BACK UNTIL AFTER I DID INSPECTION, THE NOTICE OF VIOLATION AND INSPECTION AND IT STILL SHOWED THE ROOF WAS STILL IN VIOLATION. ON MAY 13, WE MAILED OUT A SECOND NOTICE OF VIOLATION NOTICE OF HEARING LETTER TO THE NEW OWNERS GIVING THEM UNTIL JUNE 14 TO COME INTO COMPLIANCE WITH ALL OF THE VIOLATIONS. A COPY OF THE SIGNED RETURN RECEIPT WAS RETURNED WITH THE OWNER'S OWNERS SIGNATURE GIVING PROPER SERVICE.

ON JUNE 15 WE WENT OUT AND DID THE SECOND NOTICE OF VIOLATION INSPECTION WHICH I'VE STATED THE YARD WAS CUT AND CLEANED ALONG WITH THE TRASH REMOVED BY THE ROOF WAS STILL IN VIOLATION, AS YOU SEE THIS PICTURE TAKEN TODAY. JUNE 25TH AND TODAY WE DID INSPECTIONS AND STILL REVEALED THAT THE HOUSE WAS STILL IN VIOLATION OF 42117.

THE OWNER SUPPOSEDLY WAS SUPPOSED TO BE ON ZOOM. >> THEY HAVEN'T JOINED THE

MEETING. >> ALL RIGHT. THE CONCLUSION IS WE HAVE NOTIFIED THE OWNER VIA CERTIFIED MAIL. THERE HAS BEEN NO ACTIVITY TO REPAIR THE ROOF, NO PERMIT HAS BEEN PULLED. THE OWNER DID CONTACT ME AFTER THE STAFF REPORT WAS MADE UP AND SHE SAID THAT SHE WAS GOING TO JOIN US WITH THE ZOOM MEETING.

THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE PROPERTY IN VIOLATION OF 42-117, EXTERIOR STRUCTURE MAINTENANCE REGARDING THE REMAINING ROOF VIOLATION, GIVING THE RESPONDENT 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY AUGUST 3RD 2020. THE CITY RECOMMENDS THE MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT AND THAT A FINE OF $100 A DAY FOR THE VIOLATION TO BEGIN ON AUGUSF NOT IN COMPLIANCE. ALONG WITH FILING A LIEN ON THE

PROPERTY ON SEPTEMBER 42020. THE CITY RESTS. >> ANYBODY HAVE ANY QUESTIONS

[00:10:03]

FOR MR. WELLS? >> CHIP, HOW LONG HAS THE PROCESS WITH PERMITS WITH

EVERYTHING ELSE THAT'S GOING ON? >> WITHOUT SPEAKING WITH THE PUBLIC BUILDING OFFICIAL I WITH

A MINIMUM 30 DAYS. SPECS. >> SO REALISTICALLY WE WOULD NEED TO GIVE LONGER THAN 30 DAYS IN ORDER TO GET TO COMPLIANCE. LOOKING AT 30 DAYS FOR A PERMIT

PLUS THE WORK PLUS INSPECTION. >> THANK YOU. >> YOU CAN ASK THEM INSTEAD OF WHAT WE HAVE DONE BEFORE INSTEAD OF BASING YOUR TIME ON WHEN THE PERMIT CAN BE ISSUED, BASE IT ON

WHEN THEY MUST APPLY FOR THE PERMIT. >> TAMMY, AND WE DO GRADUATED

FINES? >> YES. YOU MEAN LIKE WE WILL START FOR THE FIRST TEN DAYS AND THEN AFTER THE TENTH DAY IT WOULD BE THIS MUCH A DAY?

>> WOULD JUST LIKE TO SEE ADDITIONAL FLEXIBILITY GIVEN EVERYTHING THAT'S GOING ON.

I'M WONDERING IF WE CAN SET A PERIOD WITH SOME ELEMENT OF A GRACE PERIOD AND IT IS NOT DONE BY THIS DATE IT WILL THEN A REASONABLE TIME AFTER IT WOULD BE A HIGHER FINE.

I DON'T KNOW WHAT YOU GUYS ABOUT THAT. >> WANTED TO SAY THAT THE FACTS OF THIS CASE AND THE TERMS OF TIMING AND OWNERSHIP, I WAS ASKED TO FORECLOSE ON THE PROPERTY. THE COURT GAVE ME THAT AUTHORITY IN THE CITY COMMISSION GAVE ME THE BUDGETARY AUTHORITY TO DO IT. WHEN I DID FILE IT WAS JULY OF LAST YEAR AND -- I THINK IT WAS 2019. I'M NOT SURE.

I REMEMBER SEPTEMBER 172019 WAS THE SALE ON THE COURTHOUSE STEPS AND SO BY JULY, THE ORDER HAD ALREADY BEEN ENTERED. WHEN WE REPORTED AND HAD OUR RECORDED LIEN THEY ARE, DON'T RECALL GETTING NOTICE UP FROM THE FORECLOSURE COAT THAT ARLENE WAS THERE BUT IN ANY CASE, IT WAS SOLD. WHICH NORMALLY MEANS -- AND IT WAS SOLD -- IT'S IN THE NAME OF A LAW FIRM IN JACKSONVILLE. WHETHER THEY ARE HOLDING IT FOR A CLIENT OR WHETHER IT IS THEIRS AND THEY ARE INVESTORS OR SOMETHING, I DON'T KNOW. IT IS -- IT DID CHANGE HANDS AND SOME WORK WAS DONE ON THE PROPERTY. MR. WELLS COULD TELL YOU THEY LOOKED AT IT HERE AND THERE AND SOME OF THE NEIGHBORHOOD -- NEIGHBORS HAVE REPORTED THAT.

MY ADVICE WAS THAT WHEN THEY ASKED WHAT NOW WITH THE FORECLOSURE IS THAT OUR OLD LIEN IS GONE BECAUSE IT HAS BEEN FORECLOSED AND IT'S TIME TO START A NEW CASE.

IN TERMS OF TIMING, I'M I JUST WANTED YOU TO KEEP IN MIND THAT IT'S A LITTLE BIT DIFFERENT AND POTENTIALLY RELEVANT THAT IT IS NOT SOME PEOPLE OF MODEST MEANS LIVING IN A HOUSE TRYING TO DO

THE BEST THEY CAN. NECESSARILY. >> FOR WHAT IT'S WORTH THIS BEEN

GOING ON FIVE YEARS. >> MR. BOYD, DO YOU WANT TO SAY SOMETHING HERE?

>> DID NOT ASK TO SPEAK? EXPECTED TO? >> NO, I'M GOOD.

>> NOBODY ELSE ON ZOOM HAS ASKED TO SPEAK IN MY CORRECT? ANY OTHER QUESTIONS FOR MR. WELLS? YOUR RECOMMENDATION IS 30 DAYS? AUGUST 3RD?

>> GIVE HIM ADDITIONAL 30 DAYS TO COME INTO COMPLIANCE BY AUGUST 3RD AND THEN FOR THE RESPONDENT TO PAY ALL ADMIN FEES AND ALSO A FINE OF $100 BEGINNING AUGUST 4TH.

>> AND THEN THE DISCUSSION WAS WHETHER WE SHOULD RATHER THAN PULLING THE PERMIT GIVE TEM X NUMBER OF DAYS TO APPLY. IS 30 DAYS REALISTIC? YOU CAN APPLY RELATIVELY QUICKLY

OUR GUESTS BACK THE BOARD IS GOING TO ASK THEM. >> THE BOARD WILL ASK THEM TO

APPLY FOR THE PERMIT AND THEN THEY GO FROM THERE. >> MAY I ASK MR. WELL TO BE SPECIFIC ABOUT NOT BEING A BUILDER INSPECTOR AND BUILDING OFFICIAL BE SPECIFIC ABOUT WHAT TYPES OF PERMIT YOU ARE THINKING THAT YOU NEED TO COME INTO COMPLIANCE AND WHAT COMPLIANCE ON THE PROPERTY MEANS. IS MY UNDERSTANDING APPLYING FOR A BUILDING PERMIT I WAS ONLY SUGGESTING THAT AS A DATE TO START FINES OR TO THINK ABOUT THE DATE OF APPLICATION.

APPLYING FOR THE PERMIT DOES NOT MEAN THEY ARE IN COMPLIANCE. >> IT IS A THRESHOLD.

[00:15:03]

>> THEY WILL NEED TO PULL A ROOFING PERMIT TO REPLACE THE ENTIRE ROOF BECAUSE THE ENTIRE ROOF IS LEAKING AND DEFICIENT. I HAVE ANOTHER PICTURE ON THE OTHER SIDE WITH A TARP ON THE OTHER SIDE AND THE OWNER -- I'VE NEVER BEEN INSIDE THE HOUSE. BY HER OWN ADMISSION THE HOUSE

IS FULL OF BLACK MOLD DUE TO THE LEAKING THROUGH THE ROOF. >> IN YOUR OPINION WAS A

REASONABLE TIME FOR THE OWNERS TO APPLY FOR A PERMIT? >> THEY CAN APPLY THIS WEEK -- NEXT WEEK. TO GET IT PROCESSED, THAT MAYBE ANOTHER MONTH.

>> IF THEY HAD TO APPLY BY JULY 14 IN ESSENCE. >> REMEMBER THEY HAVE TO USE A

ROOFER AND NOT A OWNER. THEY HAVE TO GET A ROOFER. >> SO A THRESHOLD IT IS

REASONABLE THRESHOLD BE JULY 14 TO APPLY FOR PERMITS? >> THE OWNER DID INDICATE THAT THEY DID HAVE A ROOFER -- I THINK THEY HAVE ALREADY TALKED TO A ROOFER ABOUT IT.

>> ONCE THEY GET THE PERMIT WAS A REASONABLE TIME AND EXPECTATION FOR COMPLETION OF

THE PROJECT? OTHERWISE -- >> THE ROOF ITSELF, I'M SURE ALL OF THE OTHER PART IS ROTTEN AND THEY WILL HAVE TO REDO ALL OF THE PLYWOOD, ALL OF THE SHINGLES OR WHATEVER THEY STUFF DECIDE TO PUT ON THERE. THAT MAY TAKE UP TO A WEEK JUST FOR THE WEEK ITSELF -- WORK ITSELF. CONSIDERING THE DAMAGE THAT HAS BEEN ALLOWED TO HAPPEN WITH THIS HOUSE. OF COURSE I KNOW WITH ALL OF THE APPROVAL PROCESSES THROUGH THE BUILDING DEPARTMENT, IT COULD BE LENGTHY.

IT COULD BE THREE WEEKS, FOUR WEEKS. >> JUST FOR THE APPROVAL

PROCESS? >> TO ISSUE A PERMIT, YES. >> IF WE SAID HE HAS TO THEY, THE OWNERS HAVE TO APPLY BY JULT DATE A REASONABLE TIME TO BE COMPLETE?

>> FEEL THAT IT IS. >> MY EYE ASK SOMETHING? ARE THEY CONTINUALLY FIND EVEN

WHEN THEY START THE JOB? >> WITH REPEAT THAT. >> ARE THEY ARE THE FINDS STILL BEING APPLIED WHILE THEY ARE DOING THE JOB? WHEN THEY'RE ACTUALLY DOING THE

JOB? >> THAT WILL BE UP TO THE BOARD. >> IT'S UP TO US.

I THINK WHAT WE ARE TRYING TO SAY HERE IS JULY 14 IS A REASONABLE TIME TO GET THEM TO APPLY. AFTER THAT PERIOD OF TIME, IT IS PROBABLY GOING TO BE THREE OR FOUR WEEKS BEFORE THEY MAY BE APPROVED. AND THEN IT'S GOING TO TAKE TIME

TO GET IT DONE. >> ALL THIS WHILE HE'S BEING FIND?

>> NO, MA'AM,. >> THAT'S WHAT I WOULD LIKE TO KNOW.

>> KNOW. UNLESS WE DECIDE TO FIND HIM. JULY 142 APPLY -- JULY 14, TO APPLY. SIXTY DAYS THEREAFTER TO BE IN COMPLIANCE.

>> THINK THAT'S FAIR. >> EVEN IN HURRICANE SEASON? >> TAMMY, WHAT IS FORCE MAJEURE

LOOK LIKE? >> WILL IT STOP THE CLOCK EFFECTIVELY?

>> YOU COULD PUT THAT IN YOUR MOTION THAT THAT IS YOUR INTENTION.

IF WE WOULD BRING THE CASE BACK -- >> BEFORE DECIDING WHAT -- PERMIT BY JULY 14. COMPLETION OF PROJECT 60 DAYS THEREAFTER.

>> YOU COULD LOOK AT IT ON THE FLIPSIDE AS WELL. YOU SEE A ROOF LIKE THIS AND THAT IS A DANGEROUS CONDITION IN HURRICANE. SO HASTE IS PROBABLY A GOOD

IDEA. >> EVEN WHEN THEY ARE IN COMPLIANCE AND THEY COME INTO

COMPLIANCE HIM A WE WOULD STILL ASSESS ADMINISTRATIVE FEES? >> CORRECT.

>> WE ARE REALLY CONCERNED ABOUT COMPLIANCE. NOT WHEN THEY APPLY FOR PERMITS, ETC. I REALLY THINK IT IS GOOD TO HAVE THE INFORMATION AND THAT WE THINK IT'S IS GOING TO BE 30 DAYS IN THE PROCESS BEFORE THEY GET THE PERMIT.

AND THEN HE SAID THEY ALREADY HAVE A ROOFER. MY DOUBT VERY SERIOUSLY THAT IN 60 DAYS THEY WILL HAVE A ROOF FINISHED. I WOULD BE MORE LIKELY TO GIVE

[00:20:09]

LONGER THAN THAT AND SAY TO COME INTO COMPLIANCE. >> TAMMY, COULD BE -- TO THE GRADUATED FINES? I WOULD PERSONALLY FEEL MORE COMFORTABLE WITH UP TO A MONTH.

THERE IS STILL A LOT OF OTHER THINGS GOING ON IN JACKSONVILLE EVEN IF IT IS A COMPANY.

>> WHAT ARE YOU SUGGESTING? >> A MONTH. >> HAVE A QUESTION.

>> GO AHEAD. >> CINDY, GO AHEAD. >> BUDDY, DO YOU HAVE AN OPINION OR ANY IDEA ON WILL IT REALLY TAKE 30 DAYS TO GET A ROOFING PERMIT?

>> IT SHOULD NOT TAKE THAT LONG. I WOULD BE MORE IN FAVOR OF GIVING THEM SIX DAYS TO BRING IT INTO COMPLIANCE OR SET THE FINES THEY MIGHT DECIDE IN TWO WEEKS TO TEAR THE WHOLE HOUSE DOWN.

WHY DO WE WORRY ABOUT THE ROOF. JUST GET INTO COMPLIANCE WHATEVER THOSE REQUIREMENTS ARE,

GIVE THEM X NUMBER OF DAYS TO DO THAT AND MOVE FORWARD. >> WOULD AGREE WITH THAT.

>> THE POINT OF MY QUESTION -- I DON'T KNOW GET TAKES 30 DAYS TO GET A PERMIT AT LEAST THAT HASN'T BEEN OUR EXPERIENCE. IF IT IS JUST A ROOF I DON'T ITEM THINK IT TAKES A WEEK TO DO

THAT ROOF AND EVEN -- >> KNOW IT SHOULDN'T TAKE THAT LONG.

>> WE ARE NOT TALKING ABOUT ROUGHLY 60 DAYS SO WE ARE SAYING ESSENTIALLY LABOR DAY FOR US -- FIRST OF SEPTEMBER, SECOND OF SEPTEMBER. SIXTY DAYS.

>> YES. >> AND THEN FINES OF $100 A DAY AND ADMINISTRATIVE FEES AND EVEN IF THEY ARE IN COMPLIANCE, ADMINISTRATIVE FEES WILL BE ASSESSED.

>> THAT'S CORRECT. >> IS THAT A MOTION THAT SOMEBODY IS WILLING MAKE?

>> I WOULD PREFER A LITTLE BIT MORE LEEWAY JUST GIVEN THAT THERE ARE VARIABLES.

YES, THE JOB SHOULD TAKE A WEEK MAYBE, YES THE PERMIT SHOULD TAKE A COUPLE OF WEEKS.

THAT'S ASSUMING THAT A ROOFER CAN START RIGHT AWAY. THERE ARE A LOT OF JOBS.

>> WORK YOU SUGGESTING 60 DAYS? >> COMPLETION DATE SEPTEMBER. THIS HAS HAPPENED BEFORE.

OWNERS OF BUILDINGS HAVE COME BEFORE THIS BOARD IN THE INTERIM AND SAID, FOR REASONS BEYOND THEIR CONTROL, THEY CAN'T COMPLETE. I WILL ENTERTAIN A MOTION THAT SAYS 60 DAYS FROM TOMORROW FOR COMPLETION, THEREAFTER $100 A DAY FINE AND IN ANY EVENT ADMINISTRATIVE FEES WILL BE MADE FOR ANYBODY WILLING TO MAKE THAT MOTION?

>> WOULD MAKE AN ALTERNATE MOTION. >> OKAY.

THE FIRST THING WE NEED TO DO IS FIND THEM IN VIOLATION. AND THEN MAKE THE SECOND MOTION CONCERNING THE FINES AND THE AMOUNT OF TIME. DO YOU WANT TO DO THAT?

>> THAT'S FINE. >> YOU WANT TO DO THAT? >> WHERE IS OUR CASE NUMBER? CASE NUMBER 20200127 FOR THE VIOLATION OF 42117 EXTERIOR STRUCTURE MAINTENANCE I'M I MAKE

A MOTION THAT WE FIND THEM IN VIOLATION. >> IS THEIR SECOND FOR THAT?

>> SECOND THAT. >> CLARK COCA-COLA ROLE PLEASE? >> VICE CHAIR KRESSE HE?

>> YES. >> MEMBER SHULTS? >> YES.

>> MEMBER BYRD? >> YES. >> MEMBER CROW?

>> YES. >> MEMBER BOYD? >> YES.

>> CHAIR KAUFMAN? >> YES. I WILL ENTERTAIN A SECOND

MOTION. >> FOR THE SAME CASE I WOULD LIKE TO MAKE A MOTION THAT WE GIVE HOMEOWNER 60 DAYS TO COME INTO COMPLIANCE STARTING ON MONDAY OF NEXT WEEK WITH A $50 DAY FINE AND IF THEY HAVE NOT COME INTO COMPLIANCE 30 DAYS AFTER THAT, FIND THOSE UP TO

[00:25:05]

$100 A DAY. >> AND HE SPEAKS SECOND FOR THAT?

>> SECOND. >> ANY DISCUSSION? >> MR. BOY?

MR. BOYD. >> NO COMMENT. >> HAVE A QUESTION.

DO THEY HAVE 30 DAYS TO BRING IT INTO COMPLIANCE AND THEN THEN A $50 A DAY FINE?

>> PROPOSE 60 DAYS TO BRING IT INTO COMPLIANCE. IF IT IS NOT INTO COMPLIANCE BY THAT TIME WE WOULD START A 50 -- $50 A DAY FINE FOR AN ADDITIONAL 30 DAYS IF IT IS STILL NOT IN COMPLIANCE AFTER 90 DAYS, THE FINE WOULD JUMP UP TO THE $100 A DAY THAT THE CITY IS REQUESTING.

OBVIOUSLY WITH THE VIOLATION WE WOULD ASSESS THE ADMINISTRATIVE FINES AND FEES.

>> OKAY. >> ANY OTHER DISCUSSION ABOUT THAT?

IT HAS BEEN MOVED AND SECONDED. CLARK CALLED THE ROLE. >> VICE CHAIR KRESSE HE?

>> YES. >> MEMBER SHULTS? >> YES.

>> MEMBER CROW? >> YES. >> MEMBER BOYD?

>> YES. >> CHAIR KAUFMAN? >> YES.

THAT CONCLUDES THIS CASE. >>> UNDER NEW BUSINESS CASE NUMBER 2019-0439 JESSUP

[Item 4.2]

PROPERTIES, 4091ST STREET VIOLATION OF THE BEACH CODE 42116 DUTY TO MAINTAIN PROPERTY.

ANYBODY HERE WHO IS GOING TO TESTIFY IN THAT CASE? ANYBODY HERE REPRESENTING JESSUP

MR. WELLS, YOU HAVE ALREADY BEEN SWORN. >>

>> LET ME SEE -- WHILE WE ARE WAITING WE SHOULD NOTE THAT TAYLOR RENTAL BUILDING CAME DOWN

FOR THOSE PEOPLE. >> SAW THAT. >> THE TAYLOR RENTAL BUILDING ON

EIGHTH STREET. >> TO KNOW YOU KNOW IT'S GOING TO BE THERE?

THE PLAN IS 20 TOWNHOMES. >> SINCE LAST WE MET THINGS HAVE CHANGED.

>> MR. WELLS? >> IT SLOW, BUT IT'S COMING. >> AT THIS TIME I WOULD LIKE TO INTRODUCE OUR EVIDENCE FOR THIS CASE, 2020-0439 INTO RECORD. THIS PROPERTY IS THAT OUR OWN NINE, FIR ST. -- 409 FOR STREET. ON OCTOBER ONE OCTOBER DURING A PROACTIVE SWEEP I'VE OBSERVED THIS PROPERTY HAD EXCESSIVE OVERGROWTH AND WEEDS AND GRASS ON ITS PROPERTY.

I LEFT A NOTICE OF VISIT ON THE FRONT DOOR AND GAVE THEM TEN DAYS TO CORRECT THE VIOLATION.

I RECORDED THE PHOTOGRAPHS OF THE POSTED NOTICE OF VISIT AND THE VIOLATION.

OCTOBER 14 I CONDUCTED A SECOND INSPECTION OF THIS PROPERTY AND IT WAS STILL IN VIOLATION OF 42116 SO ON FEBRUARY 6, WE SENT OUT A NOTICE OF VIOLATION LETTER VIA CERTIFIED MAIL TO THE OWNER, GIVING THEM TEN DAYS TO COME INTO COMPLIANCE. THE RETURN RECEIPT WAS RETURNED WITH THE OWNER'S SIGNATURE SHOWING PROPER SERVICE. THE FEBRUARY 17 NOTICE OF VIOLATION INSPECTION WAS DONE SHOWING IT WAS STILL OVERGROWN. THIS CASE WAS SCHEDULED TO BE HEARD APRIL 2ND 2020 BUT WAS CANCELED DUE TO COVID-19. WE HAD TO REISSUE A -- ANOTHER CERTIFIED LETTER OUT ON JUNE SECOND. WE GAVE THEM TEN ADDITIONAL DAYS

[00:30:09]

THE RETURN RECEIPT CAME BACK WITH THE OWNER'S SIGNATURE ON IT JUNE 15 WE DID A SECOND INSPECTION AND NOTICE OF VIOLATION INSPECTION AND IT STILL WAS WHAT WE SEEK.

AND THEN PRE-AGENDA INSPECTION WHICH WAS DONE LAST WEEK AND THIS IS A PICTURE FROM TODAY.

THE PROPERTY IS OVERGROWN. CONCLUSION, WE HAVE NOTIFIED THE OWNER VIA CERTIFIED MAIL THAT THE PROPERTY IS IN VIOLATION OF 42-116 DUTY TO MAINTAIN PROPERTY THE OWNER HAS NOT CONTACTED OUR OFFICE IN REGARDS TO THIS CASE. THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE PROPERTY IN VIOLATION OF 42-116 DUTY TO MAINTAIN PROPERTY GIVING THE RESPONDENT TEN ADDITIONAL DAYS TO COME INTO COMPLIANCE BY JULY 132020. THE CITY RECOMMENDS A MOTION BE MADE THAT ALL ADMINISTRATION FEES BE PAID BY THE RESPONDENT AND THAT A FINE OF $50 PER DAY TO BEGIN ON JULY 14. IF NOT IN COMPLIANCE COME ALONG WITH FILING A LIEN ON THIS

PROPERTY AUGUST 142020. >> ANY MEMBERS OF THE BOARD HAVE QUESTIONS FOR MR. WELLS?

ANYBODY AT HOME HAVE QUESTIONS FOR MR. WELLS? >> CHIP, SO IT'S JUST THE

OVERGROWTH? >> YES. >> IS ANYBODY LIVING?

>> KNOW IT'S A VACANT PROPERTY. THEY ALSO OWN THE THOMPSON HOUSE AT LULU'S WHICH THE MAKE FORECLOSED AND TAKEN OVER. THEY ARE THE SAME OWNER ON THIS HOUSE ALSO.

>> THE THOMPSON HOUSE IS NOW UP FOR SALE. >> IT WAS FORECLOSED.

THE PROPERTY CHANGED OWNERSHIP BUT NOW THE NEW OWNERS. >> THANK YOU FOR THE

CLARIFICATION. >> THIS PROPERTY WAS PURCHASED IN 2018 BY JESSUP PROPERTIES LLC AND THE MANAGING MEMBER, THE ONLY MEMBER THAT'S LISTED IS JAMES JESSUP THE THIRD.

IN PONTEVEDRA. >> HE WAS ACTUALLY THE FORMER OWNER OF THE THOMPSON HOUSE?

>> YES. >> THIS PROPERTY HAS BEEN SITTING LIKE THIS FOR AWHILE.

>> I'M IN FAVOR OF FINDING IT IN VIOLATION. THE ONLY THING I WOULD SUGGEST AS THEY MOVE THE DATES BACK MARGINALLY IN THE CERTIFIED LETTER WILL NOT GO OUT UNTIL NEXT WEEK. STARTING THE CLOCK FROM MONDAY OR TUESDAY OR SOMETHING ALONG

THOSE LINES. IT USUALLY TAKES A DAY OR TWO. >> IF WE SEND IT OUT CERTIFIED.

>> FRIDAY IS A HOLIDAY SO IT'S NOT GOING TO GET THERE BEFORE. >> MET THEM SECRETARY, WE SEND

THOSE OUT FIRST-CLASS MAIL ON A DO NOT? >> FIRST-CLASS AND CERTIFIED -- FIRST-CLASS AND IT WILL GO OUT ON MONDAY BECAUSE WE ARE OFF TOMORROW.

>> THE SO THE LIKELIHOOD IS IT WILL BE RECEIVED BEFORE THURSDAY OR FRIDAY.

>> IF THE FILINGS ARE DONE BEFORE 10:30 OR 11 AM, IT WILL GO OUT MONDAY MORNINGS MAIL

OTHERWISE IT WILL GO OUT IN TUESDAY'S MAIL. >> WE NORMALLY DON'T SEND THOSE

OUT CERTIFIED. >> BUT IT IS -- OKAY. I WOULD PROPOSE FINDING IT IN VIOLATION BUT FINDS START ASSESSING ON THE 22ND IF NOT IN COMPLIANCE BY THEN.

>> AND THE ADMINISTRATOR FEES? >> YES AND THE ADMINISTRATIVE FEES.

ANYONE WANT TO PROPOSAL? >> COULD YOU SPEAK A LITTLE BIT THE.

>> I WOULD FEEL COMFORTABLE MAKING A MOTION TO FIND IT IN VIOLATION AND TO GIVE THEM UNTIL THE 22ND OF JULY TO COME INTO COMPLIANCE BEFORE FINES WERE ASSESSED BUT THEY WOULD STILL PAY THE ADMINISTRATIVE FEES. AS ASSESSED BY THE CITY. 'S OF THE $5 PER DAY POST FINE

BY THE CITY WOULD START ON THE 22ND. >> WE WANT TO MAKE TWO MOTIONS.

THE MOTION FOR VIOLATION. >> BUT I DON'T KNOW IF ANYONE HAS AN ALTERNATE OPINION.

[00:35:01]

>> MR. CHAIRMAN, I HAVE ONE QUESTION. SHOULD BE JUST GO AHEAD AND INCLUDE THAT ON A CERTAIN DATE THE CITY WILL FILE LIENS AND QUEEN OF THE PROPERTY SINCE IT'S

ALREADY BEEN SINCE OCTOBER WITH NO RESPONSE? >> WE SHOULD.

THE CITY PROBABLY SHOULD AS SOON AS YOU THINK SO GO OUT AND AT LEAST GET THE GRASS AND

LANDSCAPING CUT. >> SO THE LIEN WOULD BE ONE MONTH AFTER IN LIGHT OF WHAT YOU ARE PROPOSING? SO INSTEAD OF CHIPS PROPOSED DATE OF THE 14 IT WOULD BE 22?

>> THE QUESTION IS WHEN DO WE WANT TO TRIGGER THE CITY GOING OUT AND CUTTING THE GRASS?

RIGHT? >> THAT IS CORRECT. MAYBE 60 DAYS AND HAD THE CITY GO CUT THE GRASS AND FILED A LIEN ON THE PROPERTY FOR THE COST.

>> WHY DO WE HAVE TO WAIT 60 DAYS? IT IS EITHER DONE ON THE 22ND OR IT'S NOT. WHY CAN'T WE SEE THE CITY HAS THE AUTHORITY TO DO IT THE NEXT

DAY. >> ANY DISCUSSION FOR THE BOARD? >> SO YOUR THOUGHT IS INTO COMPLIANCE OR NOT INTO COMPLIANCE AND THEN HAVE THE CITY -- UNMUTE IF YOU ARE

RAISING YOUR HAND. >> I JUST WANT EVERYBODY TO CONSIDER ONE THING BEFORE YOU MAKE A MOTION. THIS IS AN EXTREMELY OVERGROWN AS EVERYBODY CAN SEE.

THIS WILL PROBABLY BECOME A SAFETY AND HEALTH ISSUE. THERE ARE PROBABLY CRITTERS IN THERE THEIR AS WE SPEAK NESTING. ADJUST WANT TO KEEP THAT IN THE FOREFRONT OF YOUR MIND THAT THIS ISN'T JUST AN OVERGROWN LAWN AT THIS POINT. THIS IS PRETTY BAD.

IF CRITTERS ARE IN THERE, CRITTERS ARE GOING TO SPREAD THROUGH THE NEIGHBORHOOD.

ADJUST THINK WE NEED TO GET ON THIS. THAT'S JUST MY OPINION.

>> SO YOU WOULD SUPPORT IF THEY'RE NOT IN COMPLIANCE BY A DATE CERTAIN THAT THE CITY OF

THE GRASS THE NEXT DAY? YOU ARE NODDING YOUR HEAD. >> YES.

BUT WE CAN'T BE RESPONSIBLE FOR CONTINUING TO DO THAT. THE CITY COULD AT LEAST GET IN THERE AND AT THIS POINT WE WILL HAVE TO BUSH HOG IT. MY I THINK THIS REALLY NEEDS TO

BE TAKEN CARE OF BEFORE IT GETS -- SPLASH. >> IN TERMS OF THE MOTION, FIRST

MOTION. >> THINK YOU CAN FIND THEM IN VIOLATION.

>> LET'S HAVE A MOTION TO FIND THEM IN VIOLATION OF 42-116. I WILL ENTERTAIN A MOTION FOR

THAT. >> MAKE A MOTION IN THE CASE 2019 TO FIND THEM IN VIOLATION

OF CODE FOR 2116. >> IS THEIR SECOND? >> I WILL SECOND.

>> CLERK, CALL THE ROLE PLEASE. >> VICE CHAIR KRESSE HE? >> YES.

>> MET MEMBER BYRD? >> MEMBER. >> YES.

>> MEMBER BOYD? >> YES. >> MEMBER SHULTS?

>> YES. >> CHAIR KAUFMAN? >> YES.

NOW ENTERTAIN A MOTION BASED ON OUR DISCUSSION ABOUT CLEANING THE PROPERTY OF THE FIZZ IS NOT

IN COMPLIANCE. >> I PROPOSE THAT IF THE HOMEOWNER IS NOT IN COMPLIANCE BY JULY 22ND WE WOULD ASSESS FINES AND THE IN THE AMOUNT OF $25 A DAY ON THE JULY 23RD THE CITY CAN CLEAR THE LOT AS NEEDED , AND THAT WE GIVE 30 DAYS AUGUST 22ND FOR THE CITY TO FILE A LIEN. AND ALL ADMINISTRATIVE FEES BE ASSESSED AS NORMAL.

>> LET ME ASK A TECHNICAL QUESTION. IN THE CITY GOES AND CUTS THE

GRASS, ARE THEY STILL NOT IN VIOLATION? >> THE GRASS IS CUT.

>> THAT'S A GOOD POINT. >> AT THE GRASS. >> IS LESS THAN 12 INCHES.

THE STANDARD IN THE CITY IS 12 INCHES. IN THE CITY COMES IN ON

[00:40:03]

JULY 23RD AND CUTS ALL THE GRASS , STARTING THE $25 A DAY FINE AND VIOLATION, UNLESS THERE'S A LOT OF RAIN, THEY WILL BE IN COMPLIANCE. THE REMEDY REALLY IS ASSESSING

THE COST OF CUTTING THE GRASS. >> AND ADMINISTRATIVE COSTS. >> AND ADMINISTRATOR OF COSTS

COSTS. >> CHAIR, COULD I ASK A QUESTION?

>> MS. FORSTROM, THIS PROPERTY, WOULD THIS BE SOMETHING THE CITY COULD HANDLE OR IS THIS

SOMETHING THAT THEY WOULD CONTRACT OUT TO HAVE CUT? >> I WOULD HAVE TO CHECK ABOUT THAT. I'M NOT SURE HOW THEY ARE GOING TO FEEL ABOUT THE LIABILITY OR THE POSSIBILITY OF LIABILITY. WHEN WE HAVE HAD TO CLEAR OTHER PROPERTIES OF JUNK AND STUFF LEFT BEHIND, WE HAVE HIRED SOMEBODY TO DO THAT. I DON'T KNOW.

I WOULD HAVE TO TALK TO MR. LESTER AND SEE HOW HE FEELS ABOUT HAVING HIS GUYS TAKE CARE OF THAT. IS INDEED THE CITY DID, THEN WE WOULD DO WHAT WE HAVE DONE IN THE PAST AND WE WOULD CHARGE THEM FOR THE TIME AND THE MACHINERY AND EVERYTHING THAT WOULD BE INCLUDED IN GETTING THE JOB DONE. I HAVE THOUGHT ABOUT THAT, CHAIR , ABOUT THE FACT THAT THEY WOULD THEN NOT BE IN VIOLATION ANYMORE.

>> LET ME TRY THIS. >> MAYBE MR. BOY HAS THE SAME THOUGHT I'D DO.

>> HAVE A SUGGESTION TO SOLVE OUR DILEMMA. GIVE THEM UNTIL JULY 17 TO COME INTO COMPLIANCE OTHERWISE FINES OF 250 A DAY START OF THE 18TH AND THE CITY WILL CLEAN UP THE PROPERTY ON AUGUST 1ST. FOR IT TO BECOME IN COMPLIANCE, ALL FEES HAVE TO BE PAID AND ALL

ASSESSED FINES HAVE TO BE PAID TO COME INTO COMPLIANCE. >> ON THE SAME WAVELENGTH, BUT I WAS THINKING OF THIS. ON A DATE CERTAIN WE CAN START ASSESSING THE FINES BECAUSE WE DON'T KNOW WHEN THE CITY IS GOING TO COME INTO IN TO CLEAN IT UP.

BECAUSE THE CITY IS GOING TO -- IF THEY ARE NOT IN COMPLIANCE BY JULY 17, THEN THE FINES ARE ASSESSED AND THEN WHATEVER COSTS ASSOCIATED WITH THE CLEANING UP ARE ALSO ASSESSED AGAINST THE

PROPERTY OWNER. 'S. >> AND FOR IT TO COME INTO COMPLIANCE, THEY WILL NEED TO PAY ALL OF THE FINES, PLUS ADMINISTRATIVE FEES AND COSTS TO CLEAN UP. I'VE ASKED MR. WELL, HAS THEIR BEEN ANY COMMUNICATION ON THE

OWNERS PART? >> NO, SIR,. >> SO THAT TELLS US THAT THERE'S NOT GOING TO BE ANY COMMUNICATION BETWEEN NOW AND SEPTEMBER, OCTOBER, NOVEMBER.

SO IS PUT SOME PRESSURE ON THEM WITH WITH THE MONEY PER DAY AND THEN THEY CLEAN UP AND IT IS NOT IN COMPLIANCE AND THE FINES CONTINUED TO RUN AFTER THE CITY CLEANED IT UP.

>> I DON'T KNOW IF YOU CAN FIND THEM -- >> AND THEN THE APPROPRIATE TIME

THE CITY FILED A LIEN ON THE PROPERTY. >> CAN CANNOT SAY ONE MORE THING? ONCE YOU FIND THIS PROPERTY IN VIOLATION, EVEN IF IT COMES INTO COMPLIANCE BY THE CITY FOR THAT, IF THEY COME INTO VIOLATION, WHICH IT PROBABLY WILL, THEN IT BECOMES A REPEAT, THEY GET NO TIME TO DO ANYTHING AND IT COMES IMMEDIATELY BACK TO THE BOARD,

AT WHICH TIME YOU GUYS CAN ASSESS DAILY FINES OF UP TO $500 >> THEY ALREADY HAD EIGHT MONTHS AND THEY HAVEN'T RESPONDED. THEY ARE NOT GOING TO RESPOND IN 15 DAYS AND THEY ARE NOT GOING

TO RESPOND ANOTHER THREE MONTHS. >> THIS IS WHAT I'VE THINK I'VE HEARD AND THEN SOMEBODY CAN MAKE A MOTION. YOU WANT TO GIVE THEM A DATE CERTAIN TO COME INTO COMPLIANCE.

[00:45:04]

WHETHER THEY DO OR NOT AND THEN ASSESS THE FINE BEGINNING THAT DAY.

AND THEN THE DIRECT THE CITY TO CLEAN UP THE PROPERTY AT THE TIME THE CITY CLEANS UP THE PROPERTY THEY HAVE TO PAY ALL OF THE COSTS OF CLEANING OF THE PROPERTY PLUS THE ADMINISTRATIVE FEES PLUS WHATEVER FINES ARE THERE. THEN WE DEAL WITH IT A SECOND TIME IF THE CASE COMES BACK AND THEY ARE NOT IN COMPLIANCE. THE SET FINE ON A DATE CERTAIN, WEATHERS JULY 17 -- UNTIL THE CITY CLEANS IT UP AND WHEN THE CITY CLEANS IT UP, HOWEVER THEY DO THAT WITH THE PRIVATE CONTRACT OR CITY EMPLOYEES, THE COST WILL BE ASSESSED AGAINST THE OWNER FOR THAT. THEY WILL ALSO PAY ALL OF THE MINISTRY FEES.

THERE PROBABLY WILL BE A PERIOD OF FINES BECAUSE IT WON'T GET DONE IMMEDIATELY.

IT WILL BE THE COST AND THEN THERE WILL BE ADMINISTRATIVE FEES.

HAVING SAID THAT, SOMEBODY TELL ME I'M A MAKE A MOTION. >> WILL MAKE A MOTION.

>> MR. BOYD? GO AHEAD. >> DO YOU WANT ME TO DO IT OFFICIAL OR THE SHORTCUT? CASE 2019-0439: THE RESPONDENT HAS UNTIL JULY 17 TO BRING THE PROPERTY INTO COMPLIANCE. ON JULY 18, $250 A DAY UNTIL THE PROPERTY IS IN COMPLIANCE.

ON AUGUST 1ST, THE CITY STARTS THE PROCESS THEY TO HAVE THE PROPERTY CLEANED UP AND THE PROPERTY, IS NOT INTO COMPLIANCE UNTIL ALL FINES, ADMINISTRATIVE FEES AND COST OF CLEANUP IS PAID

IN FULL. >> BUT THEN THEY HAVE TO WAIT -- >> THEREFORE, IF THEY DO NOT PAY

UNTIL NOVEMBER, THE FINES ARE $250 A DAY UNTIL NOVEMBER. >> I DON'T KNOW IF THAT YOU CAN.

>> CAN THE FINES CONTINUED TO RUN UNTIL IT'S BROUGHT INTO COMPLIANCE?

>> THE QUESTION THAT I HAVE AN EYE WILL ASK AGAIN, IF THE CITY COMES IN AND CLEANS OF THE PROPERTY ON OR BEFORE AUGUST 1ST , I DON'T KNOW THAT YOU CAN CONTINUE TO FIND HIM

$200 A DAY BECAUSE THE PROPERTY IS NOT IN COMPLIANCE. >> WE CAN MAKE THAT PART OF THE MOTION THAT IF NOT IN COMPLIANCN COMPLIANCE UNTIL EVERYTHING IS PAID.

I DON'T KNOW OF THE CITY TO GO OUT AND CLEANED UP AND THEN THERE IS NO MORE FINES AND NO MORE RESPONSIBILITY FOR THE OWNER AND THEN THEY HAVE ANOTHER SIX MONTHS AND IS BACK INTO THE SAME SHAPE AND WE ARE BACK WHERE WE ARE. LET'S FIGURE OUT HOW TO WRITE THE MOTION SO THAT THE FINES CONTINUE TO RUN UNTIL THEY ARE ALL PAID AND THE CITY IS PAID

BACK FOR CLEANUP. >> OR SOME FINE. THERE WILL BE A FINE FOR

NONCOMPLIANCE AND MAYBE A FINE FOR NON-CLEANUP. >> IT DOESN'T MATTER -- I THINK WE HAVE LEARNED WHETHER IT IS A FORECLOSURE -- IF THERE'S A LIEN ON THE PROPERTY, THEY CALL THE CITY, WHOEVER THIS PROPERTY CHANGES HAND, IF THEY GET A MORTGAGE OR SOMETHING LIKE THAT.

THEY CALL THE CITY AND FIND OUT, WE'VE GOT A LIEN ON THE PROPERTY.

HOW MUCH IS IT TO PAY OUT THIS LIEN. AT THAT POINT WE HAVE TO CALCULATE EVERYTHING. THE LIEN IS WHAT YOUR HOOK IS, IF YOU WILL.

IT IS NOT HOW MUCH. WE KNOW THAT WITH $150,000, THAT'S NOT EVEN KNOW US THAT THE REAL NUMBER BUT WE DON'T EVER COLLECT THAT. I'VE THINK I THINK IT'S REALLY IMPORTANT JUST WHEN -- NUMBER ONE, THE THINGS I'VE HEARD, THESE ARE MY THOUGHTS -- MICHELLE HAS I THINK THE WORD PLEADED IS PROBABLY NOT TOO STRONG CONSIDERING WHAT WE'RE LOOKING AT, TO TAKE INTO CONSIDERATION THAT THIS NEEDS TO BE TAKEN CARE OF BY THE CITY VERY SOON. YOU ALL FOUND THAT AND FOUND THE VIOLATION.

HAVE THE CITY TAKE CARE OF THAT. KNOW THAT IT IS NO LONGER IN NONCOMPLIANCE FOR, 41119 BUT IT IS STILL NOT IN COMPLIANCE BECAUSE THEY HAVEN'T PAID THE CITY AND SATISFY THE LIEN.

SO ALTHOUGH I'D DON'T THINK THAT $250 A DAY KEEPS GOING, THERE SHOULD BE SOMETHING, MAYBE $50 A DAY OR SOMETHING, UNTIL THEY PAY PAYOFF THEIR MINISTRY FINES. THAT I COULD DEFEND IN COURT.

[00:50:04]

ITEM THINK $250 I COULD. THE REASON YOU'RE DOING 250, AND THE SOMEBODY STATED THAT, IS THAT -- IS THE EGREGIOUS NONMAINTENANCE OF THE PROPERTY AND NOT JUST A LEAKING ROOF LIKE THE OTHER WITH BLACK MOLD INSIDE BUT CRITTERS THAT ARE NOT GOING TO STAY ON THEIR PROPERTY AND THEY ARE NOT GOOD NEIGHBORS. IT'S A HEALTH AND SAFETY VIOLATION THAT WE HAVE TO TAKE CARE OF. BUT TELL ME WHEN TO RECORD THE LIEN INSTEAD OF WORRYING ABOUT WHAT'S COMPLIANCE AND WHAT IS NOT. ONCE THE CITY CUTS IT AND THEY ARE COMPLIANT THAT WAY BUT NOT IN REGARD TO SATISFYING THAT LIEN SPECS HE WOULD SUGGEST THAT

AFTER. >> SO YOU WOULD SUGGEST THAT AFTER THE CITY THEY DO NOT PAY THE BILL THAT THEY ASSESS A SEPARATE $50 A DAY FINE AND DIRECT YOU ON A DATE CERTAIN.

>> OR WOULD BRING WE BRING IT BACK FOR AN UPDATE. WE WILL BE HERE JUST ABOUT EVERY MONTH. I CAN ALWAYS COME BACK AND UPDATE YOU OR YOU CAN ORDER ME

TO FORECLOSE AT A CERTAIN TIME IF IT'S NOT -- >> THE LIKELIHOOD, SINCE WE KNOW

THE OWNER HAD TWO OTHER PROPERTIES. >> BEAT THEM TO THE PUNCH.

>> MR. BOYD, ARE WE WILLING TO AMEND IT SO IT IS $50 A DAY AFTER THE CITY CUTS THE GRASS?

>> YES, BUT ONLY BECAUSE I'M ON. >> IT MAKES ME MORE COMFORTABLE. >> CAN WE AMEND THE DATE THAT THE CITY DOES IT BECAUSE IT'S A PUBLIC SAFETY ISSUE? RATHER THAN WAITING UNTIL AUGUS.

>> WE COULD PICK A DATE AND SAY JULY 24 OR SOON THEREAFTER AS THE CITY DOES IT.

>> AS SOON. >> WILL AMEND MY MOTION FOR THE CITY TO CLEAN IT UP ON JULY 18.

>> JULY 18 OR AS SOON THEREAFTER AS THE CITY DOESN'T. I DON'T KNOW WE CAN DIRECT THE

CITY. >> THAT'S CORRECT. THAT WHEN THE PROPERTY WILL BE

CLEANED UP WITHIN THE MONTH OF JULY. >> SO IT IS NOW IN COMPLIANCE BY JULY 17. IF NOT, $250 A DAY AND WE ASK THE CITY TO CLEAN UP THE PROPERTY AS SOON THEREAFTER AS THEY CAN AND IF THEY DON'T PAY THE FEES AFTER THAT, THEN THERE

IS A $50 A DAY RUNNING FINE UNTIL THEY PAY. >> IT IS $250 A DAY UNTIL THE CITY CLEANS IT UP AND AFTER THE CITY CLEANUP, IT IS $50 A DAY UNTIL IT IS BROUGHT INTO COMPLIANCE. COMPLIANCE MEANS PAY ALL RELATED FEES.

>> I'VE A QUESTION AFTER THAT. >> CINDY? >> ISN'T IT $250 -- THEY HAVE UNTIL THE 17TH AND THEN IF THEY DON'T BRING IT INTO COMPLIANCE IT IS $250 A DAY UNTIL IT IS BROUGHT INTO COMPLIANCE, WHICH MEANS IT IS CLEANED UP AND IF THE CITY DOES THAT ON THE 20TH OR THE 31ST, THAT $200 A DAY WILL RUN. NOT $250 A DAY UNTIL THE CITY BRINGS IT INTO COMPLIANCE. THEORETICALLY THEY COULD BRING IT INTO COMPLIANCE.

>> WHOEVER CUTS THE GRASS CUT THE GRASS. >> IS $250 A DAY UNTIL IT IS BROUGHT INTO COMPLIANCE AND THEN ONCE IT IS BROUGHT INTO COMPLIANCE, THAT FINE DROPPED TO $50 A DAY UNTIL THEY HAVE PAID EVERYTHING? IS THAT WHAT I'M HEARING?

>> THINK THAT IS THE SUBSTANCE OF IT. ANYBODY DISAGREE?

>> THAT IS CORRECT. >> I DON'T NECESSARILY DISAGREE AND HAVE A QUESTION.

THE CITY WOULD THEN NEED TO ASSESS THE COSTS OF CUTTING THE YARD.

IS THERE SOME ALTERNATIVE BECAUSE THEY CAN'T PAY SOMETHING IMMEDIATELY UNTIL THEY GET.

>> AT WHAT POINT, THAT'S WHAT I'M NOT CLEAR ON TRIP WHEN ARE WE SUPPOSED TO REPORT THE LIEN?

>> THE DAY AFTER YOU CUT THE GRASS. >> THE DAY AFTER WE CUT THE GRASS. SO THE DAY AFTER WE CUT THE GRASS, IF THEY COME UP -- IS EASY ENOUGH. WE ARE JUST A COUPLE OF PEOPLE. BETWEEN CODE ENFORCEMENT AND THE LEGAL DEPARTMENT WE WILL BE ABLE TO MAKE SURE THAT THEY GET -- THEY WILL KNOW HOW MUCH IT IS.

IF WE DON'T HAVE THE INVOICE YET. USUALLY GET THAT UP FRONT AND FIND OUT WHAT THE JOB WILL COST UP FRONT. A LOT OF TIMES YOU HAVE TO PAY

UP FRONT. >> CAN YOU HAVE A REBACK? >> THIS IS WHAT I THINK WE ARE

[00:55:10]

SAYING. CORRECT ME IF I'M WRONG. JULY 17 THEREAFTER IT IS $250 A DAY. WE ASKED THE CITY TO CUT THE GRASS AS SOON THEREAFTER AS THE CITY IS ABLE TO DO THAT. ONCE THE CITY CUTS THE GRASS, WE ASK IN THE DEPARTMENT TO FILE A LIEN AGAINST THE PROPERTY AND IF WHILE DEPENDENCY OF ALL OF THOSE FEES GO ON IS $50 A DAY

THEREAFTER. >> THAT'S WHAT I'VE GOT. >> I'VE GOT ONE QUESTION FOR TAMMY. ARE WE ABLE TO INCLUDE THAT IN THE LETTER OF NOTIFICATION TO

THE OWNER? THIS IS OUR PLAN? >> YES.

SURE. >> CAN ASK IN ADDITION TO THAT, THAT THE REQUESTED OF THE CITY THAT THEY DETAIL THE PLAN OF CHARGES FULLY THE DATE THE LIEN WILL BE FILED, THE FACT THAT THE OWNER WOULD BE ASSESSED THE FINDS OF CLEARING THE LOT OF THE CITY HAD TO DO IT, SO THAT THEY ARE CLEAR. MIDDLE THAT WILL BE THE MOTIVATION.

WE WILL HOPE AND DREAM. >> AM FOREVER HOPEFUL. WOULD YOU LIKE TO READ IT BACK?

>> I THINK MS. FORSTROM HAS IT. >> MOVED -- IF THE CITY IS NOT WILLING TO DO IT, IF THE SOLICITOR SAYS NO AND DIANE TO GET A CONTRACTOR, IT IS GOING TO TAKE ME A LITTLE BIT TO GET A QUOTE. PUT ALL OF THAT INTO THE NOTICE WITH THE FINDINGS OF FACT, I DON'T WANT TO HOLD UP THEM GETTING THEIR DUE PROCESS AND THEIR NOTICE.

I WOULD RATHER SEND THAT TO THEM AS SOON AS THEY GET IT. >> MICHELLE, AS I UNDERSTAND IT, THE LETTER IS GOING TO SAY JULY 17, $250 A DAY DIRECTING THE CITY TO CLEAN IT UP.

HOWEVER THE CITY CLEANS IT UP WORK THAT HOWEVER THE CITY CLEANS IT UP.

WHEN IT'S DONE THEY WILL BE ASSESSED TO THOSE FEES. YOU DON'T HAVE TO SAY WHETHER IT IS A CONTRACTOR OR CITY CLEANUP DEPARTMENT. WHENEVER THE CITY GET THEM DONE WHETHER IT IS BY CONTRACTOR OR BY CITY EMPLOYEE, THAT WILL BE THE DATE THE TRIGGER DATE FOR

THE REST OF THE STUFF. DOES THAT MAKE SENSE? >> THAT'S WHAT I'M SAYING IS AND MAYBE I'M MISUNDERSTOOD. I'M NOT GOING TO HAVE THE NUMBER FOR THEM WHEN THE FINDINGS OF

FACT GOES OUT. >> YOU DON'T NEED THE NUMBER. >> YOU BILL THEM WHATEVER IT IS.

THE MOTION IS THE COST OF CLEANUP. >> IT DOESN'T MATTER IF IT TAKES YOU SIX MONTHS TO GET SOMEBODY OUT THERE IT IS STILL RUNNING $250 A DAY.

>> DOES EVERYBODY UNDERSTAND THE MOTION? ANY OTHER QUESTIONS ON THE MOTION? OKAY. WILL THE CLERK PLEASE CALL ROLE.

>> DRIVE A SECOND? >> SECOND. >> YOU MADE THE MOTION.

>> NO. >> BUT HE MADE THE MOTION -- BUDDY.

>> MEMBER BOYD? >> YES. >> VICE CHAIR KRESSE E?

>> YES. >> MEMBER BYRD? >> YES.

>> MEMBER CROW? >> YES. >> MEMBER SHULTS?

>> YES. >> CHAIR KAUFMAN? >> YES.

[Items 5 & 6]

THANK YOU. UNDER BOARD BUSINESS AND FOR THOSE ON ZOOM, LET ME TELL YOU THAT MR. THOMPSON IS HERE AND IS GOING TO BE SITTING IN THE AUDIENCE.

HE HAS THE APPLICATION OF TWO ULTIMATE MEMBERS FOR CODE ENFORCEMENT BOARD.

>> BOTH OF THE APPLICANTS ARE HERE. >> READ BOTH RESUMES AND I KNOW THAT SOMEBODY SELLS TOM BRADY'S FAVORITE SNACKS. IF YOU HAVEN'T READ IT, READ THE RESUME AND YOU WILL FIND THAT BECAUSE THE PATRIOTS FAN.

[01:00:04]

>> DO WE NEED TO MAKE A RECOMMENDATION? WE NEED ALTERNATES.

ARE WE SUPPOSED TO RECOMMEND THIS TO THE CITY COMMISSION? >> YOU MADE YOU CHOOSE.

>> YOU CAN. IT'S BEEN A LITTLE WHILE. YOU COULD MAKE ABSOLUTELY NO RECOMMENDATION AND BE SILENT, YOU CAN RECOMMEND APPROVAL OR YOU CAN RECOMMEND NOT APPOINTING

THEM. THOSE ARE YOUR OPTIONS. >> WOULD LIKE TO MAKE A MOTION TO DEFINITELY -- VERY MUCH UNQUESTIONABLY RECOMMEND THAT THE CITY COMMISSION -- ACCEPT

BOTH APPLICATION. >> AND WE HAVE TWO OPENED SEATS. >> HAVING WATCHED THIS GENTLEMAN

, DO YOU STILL WANT TO DO IT? >> TO YOU HAVE ANY QUESTIONS FOR

US? >> OKAY. >> WILL SAY THIS.

YOU MAY BE WONDERING, WE ARE UP HERE SEPARATED BECAUSE OF SOCIAL DISTANCING, MASKS ARE NOW REQUIRED IN THE CITY AS OF THIS AFTERNOON. THE COMMITTEE HAD A SET PESCHEL MEETING INDOORS AS PER ACQUIRED FOR ANY PLACE THAT SERVES THE PUBLIC.

PRIVATE BUSINESSES OR CITY HALL OR GOVERNMENT OFFICES. IF THIS VIRUS DOES NOT GET ANY BETTER THAN WE WOULD LIKE TO START MEETING ALL OF US HERE WHEN WE DO HAVE HIS BOARD PACKED WE WILL BE SITTING RIGHT NEXT TO EACH OTHER. IF YOU GENTLEMEN ARE WONDERING, WE MAY HAVE A MEETING -- RIGHT NOW THE GOVERNOR HAS ONLY AUTHORIZED TO VIRTUAL ATTENDANCE AT MEETINGS THROUGH THE END OF JULY. THAT COULD GET EXTENDED.

I EXPECT IT PROBABLY WILL JUST THE WAY THE NUMBERS ARE GOING RIGHT NOW.

WHAT THAT MEANS IS IT WILL BE YOUR CHOICE. WE DON'T HAVE TO HAVE ANY MORE MEMBERS HERE. OR YOU MAY COME. IF YOU COME OVER MORE THAN WHAT'S UP HERE NOW I COULD SIT DOWN AND HAVE SOMEBODY ELSE SAID IN MY SEAT.

BUT WE HAVE TO DO IS SEPARATE SOME OF YOU OUT IN THE AUDIENCE SO YOU WON'T BE.

WHAT YOU SEE UP THERE IS WHAT'S ON THE CAMERA. WHERE I'M POINTING.

THAT IS EVERYBODY ON CAMERA THERE. THAT'S WHAT THE PUBLIC SEES WHEN THEY WATCH THE VIDEOS. CAN THEY SEE THE ZOOM SCREENS? THEY CAN SEE EVERYTHING UP ON THERE. IF YOU WOULD LIKE TO ATTEND VIRTUALLY AT THE NEXT MEETING, JUST TO MAKE SURE AS SOON AS YOU CAN COME AS SOON AS YOU KNOW WHEN THE MEETING IS, AND WE HAVE THE FIRST THURSDAY IN AUGUST I THINK. THAT'S OUR GENERALLY ARE MEETING DATE, THE FIRST THURSDAY OF EVERY MONTH AT 5:30 WORK JUST LET KATIE KNOW AS SOON AS YOU WHAT YOUR PREFERENCE IS AND THAT WOULD BE HELPFUL FOR US. YOU ARE WELCOME TO ATTEND THAT

WAY. AND/OR COME HERE. >> THE OTHER THING IS -- ALSO

INFORMED THAT THIS IS KATIE'S LAST MEETING WITH US. >> YOU WILL BE INFORMED PERIOD.

>> YOU WILL INFORM HARRIET. SHE IS THE ONE THAT COMMUNICATED TO YOU.

>> MR. BOYD? >> I WOULD SUGGEST THAT WE IN THE COMING MONTHS THAT WE MAKE THE WHOLE MEETING VIRTUAL. THIS IS BETTER THAN EXPECTED TO BE IT TO BE AND IS VERY EASY TO

DO AND I THINK IT WOULD BE THE BEST THING FOR ALL OF US. >> I ATTENDED A COUPLE OF COMMISSION MEETINGS IN MY BEDROOM. IT WAS AWESOME.

IT WAS REALLY GOOD. BUT UNFORTUNATELY, THE GOVERNOR IS TELLING US THAT, AND WE HAVE THE SUNSHINE LAW THAT WE ARE SUPPOSED TO BE HERE. I WILL TELL YOU THAT THE SUNSHINE LAW SAYS THAT THERE HAS TO BE A QUORUM OF THIS BOARD IS FOUR MEMBER.

YOU HAVE TO HAVE FOUR MEMBERS PHYSICALLY PRESENT IN ORDER TO HAVE A MEETING IN THE SUNSHINE.

FORGET THE VIRUS AND WHAT WE HAVE BEEN AUTHORIZED TO DO. OTHERWISE, THE OTHER MEMBERS, THE ONLY ONES THAT CAN ATTEND VIRTUALLY OR IF YOU HAVE A SERIOUS MEDICAL CONDITION.

WE HAD CITY COMMISSION OR MIKE LINDA FROM SURGERY HE APPEARED LIKE THIS.

IF THE GOVERNOR DOES NOT AUTHORIZE US TO CONTINUE HAVING VIRTUAL MEETINGS, WE ARE GOING TO HAVE TO -- I'M LIKE I MIGHT LET ONE OR TWO MEETINGS WE CAN DO IT LIKE THIS, BUT WE ARE

GOING TO HAVE TO GET BACK TO BEING HERE. >> SO YOU ARE SAYING THAT THE

[01:05:01]

BOARD HAS TO BE PRESENT IN PERSON? >> YES, SIR.

>> IF -- IF THE GOVERNOR DOESN'T CHANGE THE LAW. >> IF THE SOCIAL DISTANCING AND THIS VIRUS IS STILL OUT THERE AND WE ARE ALL BEING ASKED TO CONTINUE TO DO THIS SOCIAL DISTANCING THING, MASKS OR NO MASKS, WE CAN'T FIT EVERYBODY HERE.

I CAN TELL YOU THAT THE FLORIDA MUNICIPAL ATTORNEY'S ASSOCIATION AND THE COUNTY ATTORNEY'S ASSOCIATION, WE HAVE BEEN IN CONTACT WITH THE GOVERNOR GENERAL COUNSEL AND THAT IS HOW THESE ORDERS HAVE INCLUDED US, THESE PUBLIC MEETINGS. WE SAID, WE CAN'T HAVE EVERYBODY MEETING. WE WILL CONTINUE TO DO THAT. WE WILL PRESENT AS LONG AS WE CAN. AS LONG AS IT IS NOT SAFE FROM A PUBLIC HEALTH STANDPOINT, WE WILL CONTINUE TO DO THAT. BUT FOR CONVENIENCE WE CAN'T. UNLESS MR. BOYD, YOU GO TO TALLAHASSEE AND TELL THEM THIS IS AWESOME AND WE NEED TO DO IT THIS WAY ALL THE TIME.

>> WELL, I DON'T THINK OUR SITUATION WITH THE VIRUS IS GOING TO CHANGE ANYTIME SOON.

WHY CAN'T WE JUST CONTINUE WITH THIS FORMAT? >> WE CAN IF THE GOVERNOR EXTENDS THE ORDER THEN WE CAN KEEP MEETING THIS WAY. AS TAMMY SAID, THE ORDER EXPIRES ON JULY 31ST. HE'S PROBABLY IN ALL LIKELIHOOD AND EVERYTHING -- EVERYBODY WILL AGREE WITH YOU THE NEW NORMAL IS NOT GOING TO COME IS LIKELY THAT HE WILL EXTEND THE ORDER.

IF HE EXTENDS THE ORDER WE CAN MEET THIS WAY ON ZOOM. IF HE DOESN'T EXTEND THE ORDER

THEN WE WILL DEAL WITH THAT AT THAT POINT. >> OKAY.

>> THIS IS EASIER THAN EXPECTED AND BETTER-THAN-EXPECTED. WE CAN HAVE VIRTUAL.

THAT WAS MY COMMENT. >> ALL RIGHT. DID DEVOTE?

>> MADE THE MOTION. >> THANK YOU BOTH FOR APPLYING. WE LOOK FORWARD TO WORKING WITH

YOU. >> WE THE SECOND -- WE THE SECOND.

>> ALL IN FAVOR? >> AYE. >> AYE.

>> MOTION CARRIES. THANK YOU ALL FOR PARTICIPATING. SEE YOU NEXT MONTH.

>> ARE WE

* This transcript was compiled from uncorrected Closed Captioning.