[00:00:01]
[CALL TO ORDER]
MEETING. WE WILL START WITH THE SWEARING IN OF ANYBODY WHO WISHES TO SPEAK TODAY.[SWEARING IN]
IF YOU'RE GOING TO GIVE TESTIMONY TODAY, CAN YOU PLEASE STAND AND RAISE YOUR RIGHT HAND? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. MAY BE SEATED.OKAY. NEXT IS THE ADOPTION OF THE MINUTES FROM LAST MONTH.
[ADOPTION OF MINUTES]
I REVIEWED THOSE AND THEY'VE BEEN SIGNED SO WE CAN MOVE ON TO REPORTS ON THE AUTHORIZATION TO[REPORTS]
IMPOSE FINES REPORTS LIST.I HAVE TWO THAT HAVE COME INTO COMPLIANCE.
KB (220) 236-2623 AT 1200 SAGOLA STREET SOUTHEAST AND 2382723 AT 540 GASPARILLA AVENUE SOUTHEAST.
UM. NO ONE IS PRESENT TO BE HEARD FOR THOSE CASES, FOR ANY OF THE OTHER CASES ON THE LIST.
SO THE CITY IS REQUESTING THE CODE ENFORCEMENT SPECIAL MAGISTRATE FIND ALL RESPONDENTS OR CASES LISTED ON THE AUTHORIZATION TO IMPOSE FINES, REPORT AND NONCOMPLIANCE FOR THE PERIOD STATED IN THE REPORT AND IMPOSE THE FINES AS LISTED ON THE REPORT.
I FIND ALL THE RESPONDENTS CASES LISTED ON THE AUTHORIZATION TO IMPOSE FINES REPORT IN COMPLIANCE FOR THE PERIODS STATED ON THE REPORT AND IMPOSE THE FINES AS LISTED ON THE REPORT DATED SEPTEMBER 13TH, 2023.
[OLD BUSINESS]
OH, BUSINESS. YEAH.OLD BUSINESS. OUR FIRST CASE IS 2380823 AT 900 DAYTONA DRIVE NORTHEAST.
THE CODE OFFICER IS VALERIE PARSONS.
SHE IS NOT HERE TODAY, BUT SABRINA IS FILLING IN FOR HER.
UM, I BELIEVE WE NEED TO TABLE THIS CASE ONE MORE TIME TO OCTOBER 11TH.
WHEN DID WE TABLE THIS CASE LAST? WAS IT LAST MONTH? I BELIEVE IT WAS JULY AND IT WAS TABLED TO AUGUST AND THEN TABLED AGAIN.
IF THE CITY THINKS IT NEEDS TO BE TABLED, I'M FINE WITH THAT.
SO WE'LL TABLE THAT ONE UNTIL, SHALL WE SAY, NEXT MONTH OR LATER? YES, PLEASE. OCTOBER 11TH.
OKAY. WE'LL TABLE IT TILL OCTOBER.
UNTIL THE OCTOBER 11TH MEETING.
THANK YOU. OUR NEXT CASE IS CB2.
386723 AT 171 SALMON DRIVE NORTHEAST.
THE CODE OFFICER IS SABRINA PERKINS.
OKAY. SO THIS CASE WAS TABLED WAS WE HAD EXTENSIVE TESTIMONY LAST MONTH ON THIS CASE.
AND I'M NOT GOING TO BE HEARING ANY MORE TESTIMONY ABOUT WHETHER OR NOT THERE ARE DUCKS PRESENT ON THE PROPERTY OR THE EFFECTS OF THE DUCKS ON THE PROPERTY OR OTHER PROPERTIES.
I THINK WE'VE HAD MORE THAN ENOUGH TESTIMONY ON THAT.
THE THE ONLY ISSUE THAT WE HAD FROM LAST MONTH'S HEARING WAS THAT THE RESPONDENTS MADE A WHAT I THOUGHT WAS A VERY GOOD ARGUMENT THAT THE ADA OVERRIDES THE OVERRIDES THE THE CITY CODE IN THIS RESPECT.
HOWEVER, NOT BEING NOT BEING VERSED IN THIS PARTICULAR AREA OF THE LAW, I WASN'T SURE IF THE ARGUMENT WAS LEGALLY CORRECT OR NOT.
SO WE ASKED THE CITY ATTORNEY TO PROVIDE AN OPINION ON HOW HOW THE LAW IS APPLIED.
SO THE ONLY THE ONLY PERSON THAT I REALLY WANT TO HEAR FROM TODAY IS THE CITY ATTORNEY'S OFFICE AND THEIR THEIR RESEARCH ON HOW THE ADA APPLIES TO THIS.
I'M MICHAEL RODRIGUEZ, CHIEF DEPUTY CITY ATTORNEY.
SO WE HAVE TO COME TO AN ACCORD AS TO WHAT WOULD CONSTITUTE A REASONABLE ACCOMMODATION.
[00:05:10]
DUCK, NOT A CHICKEN.IN REGARDS TO THE THE REQUEST HERE FROM THE PROPERTY OWNER.
OKAY. USUALLY IN THE IN REGARDS TO THE GENERAL IN GENERAL REGARDS TO WHAT WOULD BE CONSTITUTING A SERVICE ANIMAL IF I HAD TO TREAT THIS AND EQUATE THIS TO OTHER REGULATIONS, USUALLY THE ARGUMENT IS IN REGARDS TO A SERVICE ANIMAL IS, IS THAT ANIMAL TRAINED? WHAT IS THE SPECIFIC TRAINING THAT THAT ANIMAL HAS UNDERTAKEN IN ORDER TO PROVIDE SUCH A SERVICE TO THE TO THE DISABLED PERSON? IN REGARDS TO MY EXPERIENCE JUST FROM OTHER CASES AND THE WHAT CONSTITUTES AN EMOTIONAL SUPPORT ANIMAL DOES NOT NECESSARILY FALL IN IS NOT EQUAL TO A SERVICE ANIMAL, RIGHT.
SO THAT'S WHERE THE LANGUAGE OF THE ADA COMES.
NOW HERE SO STILL HERE WE'RE STUCK IN THE AREA OF ZONING AND WHAT THE LAW IS AND THAT THERE ARE OTHER REASONABLE ACCOMMODATIONS THAT CAN BE DONE FOR THE PROPERTY OWNER.
I MEAN, THE VALID QUESTIONS CAN BE ASKED AS WELL.
WHAT TRAINING HAS THIS ANIMAL RECEIVED? AND I MEAN, IT'S I DON'T WANT TO SOUND FLIPPANT, BUT IT'S A DUCK.
TAKE INTO ACCOUNT THESE ISSUES.
NOW, WE'RE ALSO TALKING THAT THIS ISN'T A CASE OF.
HERE WE HAVE A PRIVATE RESIDENCE AND IT'S GOING TO BE SUBJECT TO THE REGULATIONS.
AND THE REGULATIONS APPLY EQUALLY TO ALL RESIDENTS.
SO THAT'S WHERE THAT'S WHERE IT FALLS AT THIS POINT.
NOW, EITHER THE QUESTION OF THE CODE VIOLATION THAT'S CUT AND DRY, THIS NOW, ANY TYPE OF ACCOMMODATIONS OR SETTLEMENTS WHERE THE CITY CAN COME TO A TO AN AGREEMENT WITH THE PROPERTY OWNER, THIS IS NOT SOMETHING THAT CAN BE SUBJECT TO A VARIANCE BECAUSE YOU CAN'T HAVE YOU CAN'T HAVE A USE VARIANCE.
SO, I MEAN, IN THE PAST AND IN OTHER JURISDICTIONS THAT I'VE WORKED AT, THERE IS GOING TO BE SOME TYPE OF A WAY TO COME TO SOME TYPE OF AN ACCORD, YOU KNOW, ESPECIALLY HERE WHERE I'VE GOT NEIGHBORS COMPLAINING THAT THERE'S MULTIPLE ANIMALS.
AND THEN IT'S WHERE YOU'RE GOING TO I MEAN, SKIRT THE LAW.
AND THE ONLY VALID QUESTION THAT THE WE COULD ASK IS WHAT IS THIS ANIMAL TRAINED FOR AND WHAT TRAIN ARE THEY TRAINED TO TO DETECT THE LETTER SUBMITTED BY THE PSYCHOLOGIST? UM, I MEAN, IT'S UP TO YOUR OPINION WHETHER THAT SATISFIES THAT QUESTION.
BUT IN REGARDS TO THE CITY'S POSITION, THIS IS A ZONING VIOLATION.
RIGHT. AND I UNDERSTAND THAT WITH THE ADA THAT'S GOING TO APPLY.
THE REASONABLE ACCOMMODATION APPLIES TO THE CITY AS FAR AS LIKE, YOU KNOW, HAVING HANDICAP ACCESS TO, TO THE DOORS OR RAMPS IN CERTAIN PLACES THAT UM, BUT DOES IT REQUIRE THE CITY TO ALTER ITS, ITS CODE. I THINK THAT'S A DIFFERENT THAT'S A DIFFERENT ANIMAL THAN WHAT THE CITY HAS TO DO TO MAKE ACCOMMODATIONS ON ITS, ON ITS CITY OWNED PROPERTY OR WITH CITY EMPLOYEES.
AND, AND I BELIEVE THAT'S NOT EVEN WITHIN YOUR PURVIEW TO, TO MAKE A RULING.
YOUR RULING IS SIMPLY IS THE HAS THE CODE BEEN VIOLATED OR NOT? AND ARE THE FACTS AS THEY ARE PRESENTED ENOUGH TO TO SUPPORT WITH SUBSTANTIVE, COMPETENT, SUBSTANTIAL EVIDENCE WHETHER OR NOT THERE IS A VIOLATION OF THE CODE?
[00:10:10]
RIGHT. OKAY.YEAH, I THINK IT'S I THINK IT'S PRETTY CLEAR THAT I THERE'S NO DISPUTE THAT THERE ARE DUCKS ON ON THE PROPERTY AND THAT DUCKS ARE NOT COVERED BY THE EXCEPTION TO THE, TO THE CODE.
SO IT'S I DON'T I DON'T HAVE ANY DISCRETION ON THIS EXCEPT TO ALL I CAN SAY IS THAT THE THE PROPERTY IS IN VIOLATION.
I DON'T THINK THERE'S ANY DISCRETION IN WHETHER OR NOT I CAN I CAN RULE OTHERWISE.
SO THE ONLY BUT I DO HAVE DISCRETION ON THE TIME FOR COMPLIANCE.
NOW, I UNDERSTAND THAT, YOU KNOW, REHOUSING ANIMALS IS CAN BE CAN POSSIBLY TAKE A LITTLE BIT OF TIME. SO I THINK I WILL TAKE SOME I WOULD LIKE TO HEAR FROM THE RESPONDENT ABOUT WHAT NEEDS TO BE DONE TO TO MOVE THE TO MOVE THE DUCKS.
THAT'S VERY FAIR AND TOTALLY FINE WITH THAT.
IF THIS WILL MAKE A DIFFERENCE IN YOUR VIEW OR THE CITY'S VIEWS, BUT THE COMPLAINANTS ALSO CALLED FISH AND WILDLIFE ON US AND THAT FISH AND WILDLIFE OFFICER CAME OUT AND THEY HAVE A THING CALLED A CLASS THREE ANIMAL LICENSE THAT IS A PERSONAL PET LICENSE.
AND ALL THAT INFORMATION WAS FORWARDED TO THE CITY.
ALL THAT GOOD STUFF AGAIN, IF WE HAVE TO GET RID OF THEM.
OKAY. BUT I'M JUST SAYING IT IS THERE AND THEY ARE CLASSIFIED AS PERSONAL PETS.
YOU HAVE THAT LICENSE NUMBER AND ALL THAT GOOD STUFF.
AS THERE'S A DUDE IN PALM BAY WHO LITERALLY HAS A JAGUAR IN HIS BACKYARD, YOU KNOW WHAT I MEAN? SO, LIKE DUCKS SHOULDN'T BE TOO HARD TO GET ON THAT LICENSE.
BUT THAT BEING SAID, AS FAR AS MOVING THEM, WE DO HAVE A PLAN IN PLACE.
MY AUNT HAS A FARM ABOUT AN HOUR AND A HALF NORTH OF HERE.
AND SO IT WOULD JUST TAKE US MOVING EVERYTHING, GETTING TO THERE.
UM, AGAIN, I'M JUST KIND OF GLAD THAT WE FOUND OUT WHAT KIND OF PEOPLE THEY ARE IN THE MEANTIME.
SO HAPPY WITH THE OUTCOME NO MATTER WHAT.
SO WHATEVER IS AT YOUR DISCRETION.
BUT THAT LICENSE IS IN THERE FOR YOUR REVIEW.
IF YOU GUYS DON'T WANT TO GET, YOU KNOW, IF YOU GUYS DON'T WANT IT OR YOU WANT TO WAIT FOR US TO ACTUALLY GET PHYSICAL RECEIPT OF IT, GOVERNMENT BUREAUCRACY BEING WHAT IT IS, IT USUALLY TAKES 30 TO 90 DAYS FOR THAT LICENSE TO GET TO US, BUT WE DON'T HAVE IT PHYSICALLY.
BUT YOU DO HAVE THE NUMBERS AND EVERYTHING THAT WAS SENT INTO THE FILES.
AND I ALSO HAVE A COPY OF IT HERE IF YOU NEED ONE.
I'LL TAKE A LOOK AT THAT COPY.
YEAH. THE GAME WARDEN THAT CAME OUT WAS VERY HELPFUL FOR US.
THANK YOU. AND SO THAT'S THE A.
OUR CUSTOMER NUMBER IS ON THERE.
BUT AGAIN, I DIDN'T PRINT OUT ALL THE LAWS ASSOCIATED WITH IT, BUT THEY ARE THERE.
IT'S CALLED A CLASS THREE ANIMAL PERSONAL PET LICENSE.
SO IT IS THEIR STATE CODE AND ALL THAT GOOD STUFF.
UM, I DON'T THINK THAT I CAN CHANGE MY RULING ON WHETHER OR NOT THERE'S A VIOLATION BASED ON THIS.
I AM GOING TO RULE THAT I'M GOING TO GIVE YOU FOUR MONTHS TO BRING THE PROPERTY INTO COMPLIANCE.
SURE. SO THAT WOULD BE JANUARY 11TH, 2020 OR YEAH, JANUARY 11TH, 2024 WILL BE YOUR COMPLIANCE DATE.
IF SOMETHING WERE TO CHANGE AS FAR AS LICENSING OF PETS AND WHETHER OR NOT THAT THEY THEIR STATUS IS CHANGED AS A RESULT, THEN THAT WOULD OBVIOUSLY CHANGE THE COMPLIANCE REQUIREMENTS.
IF THAT HAPPENS, YOU'LL NEED TO YOU'LL NEED TO TALK WITH CODE COMPLIANCE ABOUT THAT.
[00:15:01]
FINE. IF THEY'RE NOT IN COMPLIANCE ON THAT DATE.THAT'S. THAT'S A $50 A DAY FINE, RIGHT? YEAH. IF THE PROPERTY IS NOT IN COMPLIANCE BY JANUARY 11TH, 2024, IT'LL BE A $50 A DAY FINE.
OUR NEXT CASE TO BE HERE. 223877233508.
THIS CASE WAS READ AUGUST 9TH UNDER THE SET.
AND IT SHOULD HAVE BEEN A SET FINE.
IT'S JUST FOR EXCESSIVE VEGETATION THAT THE CITY CAN CLEAR.
OKAY. AND WHAT WAS WHAT WAS THE DATE OF THAT RULING AGAIN? AUGUST 9TH. OKAY.
THEN I AMEND THE AUGUST 9TH RULING TO CHANGE IT FROM A DAILY FINE TO A SET FINE OF $200 AND AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE AND TO CHARGE THE CHARGE, THE PROPERTY, THE COST OF BRINGING IT INTO COMPLIANCE.
THANK YOU. MOVING ON TO HEARINGS, OUR FIRST CASE IS KB
[HEARINGS]
2397223 AT 1670 HARTWELL STREET NORTHWEST, AND THE CODE OFFICER IS ANGELICA SNEED.ANGELICA SNEED, CODE COMPLIANCE OFFICER, CITY OF PELHAM BAY.
THE THIS WAS SENT CERTIFIED MAIL AND IT WAS DELIVERED ON JULY 17TH.
YEAH. THE GRASS IS TAKING CARE OF.
I HIRED SOMEBODY TO DO IT SINCE.
I'VE GOT TO GET MY MOWER FIXED, BASICALLY.
HE USED A GAS POWERED WEED EATER.
MAYBE I SHOULD HAVE MADE A MORE TECHNICAL QUESTION.
IS THIS IS THE GRASS IS THE GRASS WITHIN THE THE THE LENGTH ESTABLISHED BY THE CODE? I DON'T REALLY CARE HOW IT GOT SHORTER.
IS IT SHORTER THAN WHAT'S REQUIRED BY THE CODE? IT'S ABOUT THAT. OKAY.
ALL RIGHT. SO THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE.
ANGELICA. YOU COULD TAKE A SEAT.
YES. DOES THE CITY HAVE ANY ISSUE WITH A ONE WEEK EXTENSION SO THAT YOU CAN GO OUT AND.
OKAY. SOUNDS GOOD. THEN I'LL GIVE YOU A ONE WEEK EXTENSION JUST TO MAKE SURE.
SO JUST SO YOU UNDERSTAND, IF I FOUND YOU, IF I FOUND YOU IN VIOLATION RIGHT NOW, THE CODE.
IT'S JUST SO THAT THEY HAVE TIME TO GO OUT AND SEE THAT THE CODE, THE PROPERTY IS IN COMPLIANCE.
OKAY, I'LL CHECK IT. THAT'S IT.
THAT'S IT. OUR NEXT CASE IS CB 2394723 AT 204 TRUE TERRACE NORTHWEST. THE CODE OFFICER IS ANGELICA SNEED.
ANGELICA SNEED CODE COMPLIANCE OFFICER, CITY OF PALM BAY.
VIOLATIONS ARE AT 204 TRUE TERRORIST NORTHWEST AND IT IS FOR THE ALTERATION OF THE SWALE.
THIS WAS REFERRED TO ME BY PUBLIC WORKS AND THEY RESPONDED IS HERE.
OKAY. AND IT WAS JUST SO YOU'RE AWARE THIS WAS CERTIFIED MAIL DELIVERED JULY 29TH.
WAS THIS ALSO THE ONE THAT WAS THERE'S HANDWRITING SAYING THAT THEY SPOKE TO THE RESPONDENT WHEN IT WAS HAND DELIVERED? OH, NO, NO.
[00:20:01]
OKAY. YEAH.OKAY. SO THE RESPONDENT IS HERE.
HELLO, SIR. CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? STEPHEN ASHBY, JUNIOR.
ALL RIGHT. UM, THE REASON I WANTED TO COME TODAY IS AND I MEAN, I'M CLEARLY IN VIOLATION, BUT I WAS JUST HOPING FOR AN EXTENSION IF I NEEDED TO. I CAN REMOVE IT.
THE REASON IT WAS INSTALLED WAS BECAUSE THE EROSION OFF OF THE ROAD.
I'M AT THE END OF I'M AT THE MY ELEVATION IS AT THE VERY BOTTOM OF THE FLOW OF THE WATER.
AND I DON'T KNOW WHAT WAS GOING ON.
I JUST MOVED IN MARCH 16TH TO THE HOUSE, SO IT WAS GOING TO BE A TEMPORARY FIX.
I CURRENTLY HAVE PLANS BEING DEVELOPED BY AN ENGINEER.
BUT UNTIL THEN I PUT THIS GRAVITY WALL IN TO KEEP FROM ERODING MY YARD.
UNDERSTANDABLE. HAVE YOU TALKED WITH THE CITY ABOUT GETTING THE PERMITS? HAVE YOU STARTED THAT APPLICATION PROCESS? I HAVE NOT STARTED THE APPLICATION BECAUSE I WAS HOPING TO HAVE PLANS IN PLACE THROUGH MY ENGINEER TO SUBMIT FOR THE PERMITS TO.
OKAY. ANY IDEA HOW LONG IT WILL TAKE TO GET THOSE PLANS FROM YOUR ENGINEER? I'M HOPING WITHIN THE NEXT TWO MONTHS BECAUSE.
IT'S KIND OF THROUGH A COMPANY FAVOR, SO.
OKAY. AND HOW LONG WOULD IT TAKE FOR YOU TO REMOVE THE.
OR REMOVE WHAT'S THERE RIGHT NOW.
BECAUSE IT'S KIND OF HOLDING UP MY.
I DON'T KNOW. I'LL SHOW YOU WHAT IT IS.
IT'S BASICALLY JUST A LITTLE WALL HOLDING UP THE EASEMENT.
OKAY. AND THESE ARE JUST THIS IS JUST WOOD.
LIKE I SAID, IF I NEEDED TO TO NOT HAVE FINES, I COULD GO HOME AND TAKE IT OUT IN THE NEXT HOUR.
PROBLEM IS IT FALLS RIGHT INTO THE DITCH.
BECAUSE WHEN I WHEN I ARRIVED THERE, I MEAN, I WAS LOOKING AT A SLOPE LIKE THIS AND PRETTY MUCH FROM THE EDGE OF THE ROAD TO THE SOUTH SIDE OF THE DITCH WAS ALL DITCH.
AND SO WHAT HAPPENS IF EVERYTHING IS ERODED, THE WALLS REMOVED, SWELLS WERE ERODED.
DOES YOUR ENGINEER HAVE A PLAN FOR THAT? AS FAR AS IF I DID REMOVE IT, RIGHT.
WELL, BECAUSE YOUR ENGINEER, WHEN THEY'RE WHEN THEY'RE PUTTING IN THE PIPE, I MEAN, THEY CAN THEY CAN REESTABLISH THE SOIL, CORRECT? OH, YEAH, YEAH, YEAH. WE'RE GOING TO DO IT TO CITY SPEC.
AND THAT'S WHAT THEY'RE WORKING ON.
THEY'RE MAKING SURE THAT WE'RE COMPLIANT WITH CITY AND HAVE ALL THAT READY FOR OUR PERMIT.
AND THE ONLY TRICKY PART IS WE WE'RE TRYING TO PUT IN A BOX AT THE END BECAUSE WE DO WANT TO BE ABLE TO HAVE THE THE WATER TO PROPERLY FALL OFF THE ROAD AND NOT FLOOD SOMEBODY ELSE'S YARD.
UM, I DON'T HAVE ANY PROBLEM WITH GIVING YOU AN EXTENSION, BUT I DON'T THINK I CAN ALLOW YOU TO KEEP WHAT YOU WHAT YOU'VE BUILT ALREADY THERE.
I MEAN, BECAUSE THERE'S NO THERE'S NO DISPUTE THAT IT'S.
SO THE, SO THE, WHAT YOU, WHAT YOU PUT IN THERE HAS TO BE REMOVED.
SORRY. SO ALSO I HAVE HERE PUBLIC WORKS.
THEY'RE THE ONES THAT SUBMITTED IT IF YOU WANTED TO HEAR ON THEIR BEHALF.
BUT THEY WERE ALSO REQUESTING FOR A PERMIT TO BE SUBMITTED AT LEAST OR REQUESTED WITHIN A WEEK.
AND THEY'RE HERE. OKAY? YEAH. SOMEONE FROM PUBLIC WORKS.
SO, YOU KNOW, WE ALREADY HAD SPECIFICATIONS.
[00:25:01]
I DIDN'T KNOW IF YOU GUYS NEEDED ELEVATIONS.OH, YOU PROVIDE THOSE? YEAH. OKAY.
SO, OKAY, SO IT SOUNDS LIKE IT'S IT'S AN EASIER FIX THAN THAN YOU THOUGHT, SIR.
SO IT SOUNDS LIKE THAT'S THAT'S GOING TO WORK OUT.
ALL RIGHT. BUT BUT YOU DO HAVE TO REMOVE THE THE WOOD THAT YOU PUT IN PLACE.
SO I'LL GIVE YOU TWO WEEKS TO REMOVE IT.
ALL RIGHT. SO I DO HAVE TO REMOVE IT AND THAT IS THE PLAN TO REMOVE IT.
SO I COULDN'T EXTEND IT UNTIL I HAD THE PROCESS OF INSTALL HAPPENING.
MAYBE THERE'S SOMETHING THAT PUBLIC WORKS CAN.
I THINK WHAT YOU GOT OUT THERE IS NOT GOING TO FLY EVERYTHING HE HAS OUT THERE.
BUT IF HE DRAWS UP EXACTLY WHAT HE WANTS TO DO AND THEN YOU WORK WITH THE PERMIT WITH OUR DRIVEWAY DEPARTMENT AND THEN THEY CAN SAY, HEY, YOU CAN'T DO THIS, BUT YOU CAN DO THIS, SO TO SPEAK, LIKE HE HAS TO BE SIX FEET AWAY FROM THE EASEMENT, YOU KNOW, AND STUFF LIKE THAT.
AND YOU HAVE TO ALLOW THE WATER TO RUN OFF THE ROAD.
SO, YEAH, SO IT'S YOU JUST DRAW UP WHAT YOU WANT TO DO AND THEY'LL WORK WITH YOU.
I THINK WE CAN HAVE THAT. IF I HAVE TWO WEEKS FOR IT TO BE REMOVED.
I THINK WE HAVE THAT ALL SET UP.
OKAY? YEAH. TWO WEEKS WILL WORK.
THEN WE'LL SET THE DATE OF COMPLIANCE FOR SEPTEMBER 28TH.
THANK YOU VERY MUCH. NO PROBLEM.
OUR NEXT CASE TO BE HEARD IS KB 2392723 AT 1171 GLENHAM DRIVE NORTHEAST.
THE CODE OFFICER IS VALERIE AND SABRINA PERKINS IS FILLING IN FOR HER TODAY.
SABRINA PERKINS, CODE ENFORCEMENT OFFICER FOR THE CITY.
THE VIOLATIONS THAT STILL EXIST.
OR THE RV THAT IS PARKED ON A CORNER LOT AND NOT SCREENED BY SIX FOOT OPAQUE FENCE.
OKAY. SO MY NAME IS TAMMY ROSE.
THE PROPERTY IS ACTUALLY UNDER MY LLC RELAXATION PROPERTIES.
OUR ADDRESS, AND APPARENTLY ALL THIS HAD BEEN SENT OVER TO AN OLD ADDRESS IN NORTH CAROLINA.
SO WE DIDN'T EVEN KNOW ABOUT THIS UNTIL THIS PAPER APPEARED IN.
THE GENTLEMAN WAS OUT THERE TAKING PICTURES.
WE WERE ACTUALLY VERY CONFUSED AT THE TIME BECAUSE WHEN WE FIRST PURCHASED THE PROPERTY, WE WERE TOLD WHEN WE WERE HAVING ALL THESE OTHER PERMITS BEING DONE FOR NEW ROOF, NEW THIS, PUTTING IN THIS THAT AS LONG AS THE CAMPERS WERE NOT.
THEY COULD BE ANYWHERE ON THE SIDE OF THE HOUSE BECAUSE I GUESS WE'RE A CORNER LOT.
WE PUT THEM ON WHAT IS TECHNICALLY THE SIDE OF THE HOUSE.
MAILBOX IS ON THE SIDE OF THE HOUSE, SO IT'S A LITTLE CONFUSING.
I'M NOW BEING TOLD THAT'S NOT A POSSIBILITY.
WE ARE LITERALLY IN THE PROCESS OF ADDING A WHOLE FRONT DRIVEWAY, WHICH NEVER HAD BEEN DONE AND THEN DOING THE BACKYARD WE HAD TO RIP UP TONS OF OLD WATERLINES, REDO WATER LINES UNDER THE FRONT YARD.
SO EVERYTHING HAS BEEN A PROCESS BECAUSE THE HOUSE IS BUILT IN 1960 AND NOTHING WAS UP TO CODE.
[00:30:02]
I MEAN, RIGHT NOW WE'RE I'VE GOT BOTH MY ADULT SONS.ONE IS OURS, ONE IS ONE SONS, ONE IS THE OTHER SONS.
SO WE'RE GOING TO WE'RE TRYING TO FIGURE OUT WHERE TO PUT EVERYTHING.
WE STILL IN THE BACKYARD, HAVE TO PUT DOWN ASTROTURF AND SHORE UP THE BACKYARD GROUND, SO TO SPEAK.
AND TWO, IF YOU GO UP AND DOWN OUR STREET, THERE ARE PLENTY OF RV CAMPERS THAT ARE NOT BEHIND FENCES SITTING ON THE SIDES OF THE HOUSES THAT ARE CORNER LOTS.
PRIME EXAMPLE RIGHT DOWN THE ROAD.
AND OURS ISN'T EVEN LIKE THAT.
UM, SO IT'S LIKE WHEN I LOOK AT WHAT EVERYBODY ELSE IS DOING, I FEEL LIKE WE GOT SINGLED OUT, PROBABLY CALLED IN BY THE LADY THAT MOVED, THAT DIDN'T LIKE THAT WE HAD RIPPED UP THE GRASS AND PUT IN HARDSCAPE.
YEAH, YOU KNOW, UNFORTUNATELY, THAT HAPPENS SOMETIMES.
AND I, YOU KNOW, I CAN'T I HAVE NO JURISDICTION OVER EVERYBODY ELSE IN THE IN THE NEIGHBORHOOD.
I ONLY HAVE WHAT COMES, WHAT COMES TO ME.
AND CODE COMPLIANCE ONLY HAS WHAT'S CALLED INTO THEM.
THEY DON'T GET TO YOU KNOW, THEY DON'T THEY DON'T GET TO DRIVE AROUND LOOKING FOR VIOLATIONS.
BUT FROM WHAT YOU'VE DESCRIBED, I'M NOT SURE IT WILL BRING INTO COMPLIANCE.
SO I JUST WANT TO IT'S GOING TO BE BEHIND.
SO THE BACKYARD, UM, WE'VE ALREADY GOT MOST OF THE FENCE UP.
WE'RE OBVIOUSLY WAITING FOR THE CONCRETE TO GET FINISHED AND THEN BE ABLE TO DO THE OTHER PART.
THEN THE GATES GO UP AND THAT'S LIKE WE'RE LITERALLY, I THINK ON A ALMOST TWO POINT SOMETHING LOTS.
SO IT'S KIND OF CONFUSING THE WAY OUR LOT SITS.
AND MY GUESS IS WE WERE ONE OF THE FIRST LOTS ON THE BLOCK.
SO I MEAN, IT'LL BE BEHIND THE WHITE VINYL FENCES, BUT WE NEED THAT TIME TO GET ALL OF THIS DONE.
SO WE WERE KIND OF AT THE MERCY OF WHEN WE NEEDED TO CHANGE THE PERMIT.
THAT WAS AN ADDITIONAL THREE WEEKS.
SO IT'S LIKE WE'RE AT THE MERCY THAT'S FINALLY POURED TO LET THAT THE OTHER MACHINES AND STUFF CAN GET INTO THE BACKYARD AND DO THE GRADING AND ALL OF THAT STUFF. NOW, AM I CORRECT IN UNDERSTANDING YOU HAVE THREE RVS ON? SO WE HAVE WE HAVE THREE.
WILL THEY ALL BE BEHIND THE FENCE? YEAH. OKAY.
LIKE I SAID, IT'S A VERY LARGE BACK.
WE COULD TECHNICALLY BUILD ANOTHER HOUSE ON THE LOT.
OKAY. I WANT TO HEAR FROM SABRINA REAL QUICK.
I'VE HEARD THAT PLENTY OF TIMES, BUT.
AH. DOES THE CODE ALLOW FOR MORE THAN ONE RV ON A PROPERTY, WHETHER IT'S BEHIND THE FENCE OR ON A DRIVEWAY OR NOT? I'LL GET CLARIFICATION FROM THAT, BUT I DON'T THINK IT SPECIFIES HOW MANY THEY CAN HAVE BACK THERE.
OKAY. BUT AS LONG AS IT'S BEHIND THE SIX FOOT FENCE.
BUT I DON'T THINK THAT IT SAYS IT CAN ONLY BE ONE.
OKAY. AS LONG AS YOU'RE BEHIND THE FENCE.
SO DOES THAT. SO. SO DOES IT SOUND LIKE WHAT THEY'RE DOING IS GOING TO SOLVE THE PROBLEM THEN? YEAH. ONCE SHE GETS THE FENCE UP, THEN THEY'RE GOING TO BE BEHIND THE FENCE ON THE CORNER LOT.
SO IT SOUNDS LIKE THAT THAT WOULD BE FINE.
OKAY. SO DOES THE CITY HAVE ANY OBJECTION TO GRANTING AN EXTENSION FOR THAT? OKAY, MA'AM, IF YOU WOULD COME BACK UP.
OKAY, SO I'M GOING TO GRANT YOU YOUR EXTENSION.
I JUST NEED A GOOD UNDERSTANDING OF HOW LONG IT'S GOING TO TAKE TO GET THE PROPERTY INTO COMPLIANCE.
I'M LOOKING AT HIM BECAUSE HE'S HELPING ME GET EVERYTHING DONE.
OKAY. WELL, SIR, YOU CAN COME UP HERE.
I THINK I THINK YOU STILL NEED TO BE SWORN IN.
BUT IF YOU WANT TO COME UP HERE AND YOU CAN, I'LL.
I'LL LISTEN TO WHAT YOU HAVE TO SAY AT ALL.
CAN YOU JUST RAISE YOUR RIGHT HAND? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. SO BASICALLY, I HAVE I HAVE PRETTY I HAVE PRETTY BROAD DISCRETION TO GRANT EXTENSIONS FOR STUFF, BUT I CAN'T DO IT
[00:35:02]
UNLESS THERE'S EVIDENCE.SO WE JUST HAD CONCRETE POURED TODAY FOR THE FRONT DRIVEWAY.
CONCRETE CONTRACTOR TOLD ME NOT TO RUN ANY OF OUR BIG TRUCKS OR PARK ANY OF OUR CAMPERS OR ANYTHING OR DRIVE IT OVER FOR AT LEAST BECAUSE EVERYTHING'S OVER 8,000 POUNDS AT LEAST TWO WEEKS TO 30 DAYS.
HE SAID. GIVE IT SOMEWHERE BETWEEN TWO WEEKS AND 30 DAYS FOR FREE, DRIVE EVERYTHING OVER, WHICH MEANS THAT I CAN'T BRING A PIECE OF MACHINERY INTO THE BACKYARD TO GRADE IT FOR AT LEAST TWO WEEKS TO 30 DAYS.
OKAY. AND DOES THE WORK ON THE FENCE, CAN THAT BE DONE AT THE SAME TIME AS THE REST OF THE WORK, OR DOES IT HAVE TO BE DONE? AS SOON AS THE GRADING IS DONE, THE FENCE IS GETTING MOVED OVER.
OKAY. SO IF I GIVE YOU TWO MONTHS, DOES THAT SOUND DOES THAT SOUND LIKE THE TIME YOU NEED? YEAH, THAT'S THAT'S RIGHT.
OKAY. OKAY THEN THAT THEN THAT'S WHAT I WILL GIVE YOU A TWO MONTH EXTENSION.
SO I WILL GIVE YOU UNTIL DECEMBER 12TH, 2023 TO BRING THE PROPERTY INTO COMPLIANCE AND THEN IT WILL BE A $50 A DAY FINE FOR EVERY DAY AFTER THAT THAT IT'S NOT IN COMPLIANCE.
THANK YOU. NO PROBLEM. WE DO HAVE ONE CASE THAT NEEDS TO BE CLOSED.
IT WAS SENT TO THE WRONG OWNER.
SO THAT IS CB 2393023 AT 2775 FRANCIS STREET, NORTHEAST.
WE HAVE A TWO CASES THAT NEED TO BE WITHDRAWN BY THE CITY.
THEY'RE NOT IN COMPLIANCE, BUT THE CITY IS ASKING TO JUST WITHDRAW THEM AT THIS TIME.
OKAY. CB 2404423 AT 3085 JUPITER BOULEVARD SOUTHEAST AND 2405323 AT 3085 JUPITER BOULEVARD SOUTHEAST.
WE HAVE A COUPLE OF CASES THAT HAVE COME INTO VOLUNTARY COMPLIANCE.
GASKIN ROAD SOUTHWEST CB 2396423 AT 3300 COUNTRY CLUB DRIVE NORTHEAST CB 2396623 AT 1850 CLUB GARDENS DRIVE NORTHEAST (240) 122-3380. SAN MARINO ROAD SOUTHWEST 24039236180. BABCOCK STREET SOUTHEAST.
MALABAR ROAD SOUTHWEST AND CB2 405223 AND 3265.
OKAY. THE FOLLOWING CASES ON THE PER DAY FINE AGENDA ITEMS ONE THROUGH 15 AND 17 THROUGH 37 WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY, AND THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
THE RESPONDENTS ARE NOT PRESENT TO BE HEARD IN THE CASES HAVE NOT COME INTO COMPLIANCE.
THE CITY IS SUBMITTING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES AND REQUESTS THAT THE SPECIAL MAGISTRATE FIND THE RESPONDENTS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION THAT THE SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND SET A DAILY FINE TO BE IMPOSED IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE. I FIND THAT ALL THE RESPONDENTS IN THE CASES LISTED BY THE SECRETARY ARE IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.
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THE RESPONDENTS IN THE CASE IS LISTED HAVE UNTIL SEPTEMBER 28TH, WHICH IS 15 DAYS AFTER THE DATE OF THIS ORDER TO BRING THEIR PROPERTIES INTO COMPLIANCE.THANK YOU. THE FOLLOWING CASES ON THE FINE.
FINE. ITEM NUMBER 16 ON THE AGENDA.
CB 2394223 AT 4940 BABCOCK STREET SOUTHEAST AND ITEMS ONE THROUGH 61 ON THE SET FINE AGENDA WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY IN THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
THE RESPONDENTS ARE NOT PRESENT TO BE HEARD IN THE CASES HAVE NOT COME INTO COMPLIANCE.
THE CITY IS SUBMITTING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES AND REQUESTED THE SPECIAL MAGISTRATE FIND THE RESPONDENTS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION THAT THE SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND IMPOSE A FLAT FINE IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE.
THE CITY ALSO REQUESTS THAT THE SPECIAL MAGISTRATE AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS TO BRING THE PROPERTY INTO COMPLIANCE AND CHARGE THE PROPERTY OWNER WITH A REASONABLE COST OF THE ACTIONS, ALONG WITH THE FINE IMPOSED, IF NOT IN COMPLIANCE BY THE COMPLIANCE DATE.
THE RESPONDENTS IN THE CASES LISTED HAVE UNTIL SEPTEMBER 23RD, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER TO BRING THEIR RESPECTIVE PROPERTIES INTO COMPLIANCE OR PAY FLAT FINE AT $200.
I AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS TO BRING THE PROPERTIES INTO COMPLIANCE AND CHARGE THE PROPERTY OWNER WITH THE REASONABLE COST OF THE ACTIONS ALONG WITH THE IMPOSED FINE.
THE FOLLOWING CASES ON THE SET.
THE RESPONDENTS ARE NOT PRESENT TO BE HEARD IN THE CASES HAVE NOT COME INTO COMPLIANCE.
THE CITY IS SUBMITTING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES AND REQUESTS THAT THE SPECIAL MAGISTRATE FIND THE RESPONDENTS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION THAT THE SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND IMPOSE A FLAT FINE IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE BY THE COMPLIANCE DATE.
THE RESPONDENTS IN THE CASES LISTED HAVE UNTIL SEPTEMBER 23RD, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER TO BRING THEIR RESPECTIVE PROPERTIES INTO COMPLIANCE, OR THE CITY IS AUTHORIZED TO IMPOSE A FLAT FINE OF $200 FOR THE VIOLATION.
WHY DOES ALL I HAVE FOR TODAY? ALL RIGHT. I THINK THAT'S IT, RIGHT? OKAY. UM, IF THERE'S NO OTHER BUSINESS, OBVIOUSLY THERE'S NOT GOING TO BE ANY COMMENTS FROM THE PUBLIC NOW.
SO WE WILL CLOSE THIS HEARING AT 145.
* This transcript was compiled from uncorrected Closed Captioning.