I'm going to read a statement first while I'm doing that. Please make sure your cell phones are either turned off or silent so we don't interrupt the meeting. The meeting is being recorded. Welcome to the September 5th, 2024 meeting of the Lachua County Code Enforcement Special Magistrate hearing. The purpose of this hearing is to hear a ledge code violations filed by various departments of Lachua County Florida. The Code Enforcement Special special magistrate was established by Florida Statutes, Chapter 162, and Alachua County ordinances. To obtain compliance with various county ordinances and regulations. I have no authority to change the ordinances or any of the regulations we will be addressing today. That can only be done by the Alachua County Board of County commissioners. The code enforcement magistrate can determine if a violation has occurred, so that a date for full compliance and the v affine for noncompliance. Decisions of the code enforcement special magistrate can only be appealed to the courts and not to the county commissioners. The procedure we'll follow today as the secretary will call the case. County staff will present its case to the magistrate. The respondent shall have the opportunity to present its defense to the case. I will make a decision at a future date and the respondent will be notified by mail of the decision. All persons testifying will do so under oath or swearing or affirming that they will tell the truth. Any evidence in the form of documents or photographs must be submitted to the clerk for inclusion in the record. So if I can have Jackie go ahead and swear in the staff and any person testifying today. County staff and anyone here to testify please stand and raise your right hand. Do you swear or affirm that the testimony you are about to give in these cases today will be the truth and the whole truth. Thank you. All right so Jackie want to call case first case, please. Cases close for compliance after hearing case number SM24-051, Alachua County versus Robert Stanford, case number 2, SM24-053, Alachua County versus Brookside Partners, LTV. Okay, I'll move those cases closed. If you call for first case for new business, please. Case number SM24-069, Alachua County versus William Howard. Is there someone here representing Mr. Howard? Yeah, I'm going to have a seat over there by that other podium. That's where we'll have you speak after the county presents its case And thank you for coming Good morning For the record I'm Diana Johnson. I'm senior assistant county attorney for Alachua County agenda item number three on Today's agenda is Alastair County versus William Howard, Mr. Howard owns property located at 23331 North State Road 235 in Brooker, Florida. A complaint was received and the officer found it in violation of various sections of the Alastair County Code including its land development regulations including Section 404.82.5 regarding parking 74.20a regarding accumulation of junk and 74.20b which is our unserviceable vehicles. We'll also officer to come speak but the recommendation of the county is to give the respondent in this case 30 days to come into compliance with those sections of the code and if not then be subject to a $75 day fine. The county has incurred cost amount of $490 and bringing this case before you. Good morning. Good morning. The county received a complaint on May 13th regarding the house was in disarray and junk in the yard. Properties located at 2, 3, 3, 3, 1, North State Road 2, 35 in Brooker and Elatua County identified by parcel number 0, 7, 4, 9, 9, 0, 0, 2, 0, 0, 0. The owner of the property is William Howard. Code Administration initiated enforcement proceedings and found there to be a violation of the following sections of Alachukkana Code. Section 404.82.5 parking of trucks, recreational vehicles and trailers, 7 4.20a the accumulation and junk and 7 4.20B on services of vehicles. The respondent was provided a reasonable time to correct the violations. Notice violation was sent to the respondent that included corrective actions. On going inspections conducted to date have determined the respondent remains in violation of the said allatical county code sections. My last inspection of the property was on September 4th. I have good services of notices and statements of violation to the respondent sent by certified male receded postings. Copies have been provided to the magistrate, and I request that they be entered into evidence. I have had contact with the respondent, which was on May 29th, with no additional contact regarding the violations. Photographs being presented were taken by myself and act will reflect the violations and ask that they be admitted into evidence. County recommendation that responded be found in violation with a said sections of the code order the respond and come in compliance within 30 days by complying with the corrective actions listed in the notice of violation. And if not in compliance and pay a fine in the amount of $70 for each day, the violations continue pass a date set for compliance. County has incurred $490 cost and bringing the action to hearing. Okay, does your testimony so far? Yes, sir. Okay, your turn, sir. If you want to go ahead now, you have to go up, go ahead and podium and it's being recorded. Number one. Oh, no, no, stop. Who would you like to identify? Who you are, offer the record and where you live, please. All right, my name is William Howard. I live at 2331 North State Road 235, broker Florida. Okay, now tell me your story. Number one, vehicle, one of the vehicles that she says is unserviceable. Number one is legally tagged by the state, which I have that right here. Okay, and you have a copy. Can you make that available to, so we can put it up on the overhead? And which vehicle is that? That's for the pick. That's for the pickup truck. The red one that you see that's in pieces that I'm in the middle of doing a ground up restoration on. Okay, but when service or you say you're doing ground up restoration, can you drive it on the street right now? No, sorry. You cannot because it wasn't safe. And I'm in the middle of making it safe. OK. So we'll talk about what's unserviceable means. And the vehicle means is that you have to be able to drive it on the road. Number two, the vehicle has been moved. But she obviously hasn't taken a recent picture showing that it has been. Where did you move the truck to? It's been moved to another site. OK. So it's no longer on that site, OK? That's correct. And when did you make the move? It's been made over a period of time because I cannot be out in the heat with this, because of my lung issues. OK. Good. But it's just roughly OK. When did you finish moving it? I finished moving the last pieces of it about three days ago. Okay. All right. Let's talk about the other things then. How about the accumulation of junk? I've gotten rid of most of it. Like I said, I cannot be out in that heat very long. I have a case of emphysema, which means I can only be out in the heat of maximum of an hour and a half each time and then I have to be able to go in. I have to be able to cool off and I have taken inhaler in order to breathe. Right, understood. I have similar issues. So I appreciate that. What were the other as it was vehicles? The trailer. He has an RV. An RV trailer. Now the RV is parked on the side of the house. From what I'm seeing on your letter, it says it can be parked on the side of the house, as long as it is more than two feet from the property line. Okay, and what's your violation for the RV at this point? Well, is it tagged and registered? Three year ago. It does not belong to me. No, but the question she asked you is, no, it's tagged or is not tagged. Okay, so then that's a requirement, is it's gonna be park here? It has to be a, again, it has to be a vehicle that can be put on the road legally. Well, I'll have to get one of my son because he owns it, not me. Okay. All right, so my question to you is, because right now what the county's asked is for 30 days for you to come into compliance. And I'm going to ask you what you think you need to time wise to get into 30 days. So you tell me, because I have to be able to work. I understand. So that means I have to be on the road at least 12 hours a day and most times six days a week. I'm losing $250 a day every time that I'm not on the road. Understood. So how long? Probably going to be looking at probably about 60 days before I can finish it completely. Can you do it for sure in 90? Well, if she bothers to look, like I said, if she's the bothers to look, most of that stuff is already gone. I understand, but she can't know that unless you call and tell her. Well, the thing is, is she can contact me as well, because she had my number, because I gave her my number to call me back that last time I spoke to her. All right, well, spoke to her. Okay. All right. Well, you have her contact information. So when you get things done, you need to let her know. And when I did contact her, I did explain to her about the tag and all that. Okay. All right. She didn't bother to get with me to see what I've got going on. So my question to you is 90 days enough for you to get everything done. I should have almost everything done by 90 days. Not everything almost. Can you get it done in 90 days? I should be able to do it 90 days. I'm going to spoke when I said almost. Okay. Anything else from the county at this point? Yes, Your Honor. I do want to state that Mr. Howard has done quite a bit of work. When I was there on September 4th, I did notice that he did quite a bit of work and we appreciate that. As far as getting in contact with him, I have had contact and I tried to make additional contact with which not. Didn't come for fruition, but was that by email or phone? A phone, sir. I left a message. Phone's to, I do not answer phones unless they are a number. I recognize the text is the best way to get a hold of me. Can you text? I did not realize the text was the best way, but I can do that, sir. OK, so we've corrected that issue, OK? OK. All right. That will be all. Unless you have something else. I also need to know which exactly she needs corrected now. Okay, I'm going to ask her and you to get together. Is that okay? Can you hang around? Do you want to do that? Or you want to state what you... Because she really needs to go back out and look and see what you've done before she can tell you what less needs to be left on. Well, she's like she said. She just looked at it on the fourth. So there ain't that much difference between yesterday and today. Right. Okay. Now, three year through you, Your Honor, there's not much more he needs to do. So he just needs to register that operation of vehicle or remove it from the property. Okay. Where its place is fine, you are correct. Other than the junk and debris has been removed so we appreciate that so there's not much more he needs to do on the property here. Okay so it sounds like basically you need to get a tag on that RV or get your son to put it someplace else where yeah we'll see that's kind of hard because you know how much it costs until an RV like that. Those RV just to move it down the road a couple of miles is over a thousand bucks. Right. Understood. Okay. All right. Thank you for being here. And we're done with your case, Mr. Brown. Again, thank you for coming. Call case number four. Case number SM24-058, Alachua County versus Raina, Ayraheeta and Uvaldo Sanchez. Is there someone here representing the Sanchez's? Okay. Would you have a come over and have a seat near the podium over there? In County, if you would like to proceed with case for please. Yes, Mr. Strey. And just as a note for you and you probably already know, there's a number of people that are here number 14. Yes, I'm very aware of you. I'll talk to you. OK, if you wanted to go out of order, that's no objection of the county at some point if you wanted to let them go. But it's totally up to you, of order, that's no objection of the county at some point if you wanted to let them go, but it's totally up to you of course. Yes, so agenda item number four. Mm-hmm. The property is located at 269-24 North West 84th Police in high springs. It was found in violation by the officer for violation of the land development regulation section 402.140B, which is our improvement of property without first obtaining a building permit. What appears to be there is almost like an addition to a mobile home plus perhaps a deck that's being constructed without a permit. I'll let the officers speak in more details and we do have photographs to show you which we ask to be admitted to evidence. Our recommendation is to provide the response with 15 days to come into compliance by either obtaining the building permit for the structures or removing all unpermitted work. And if not, then pay a fine in the amount of $100 a day. And the county has costs them out with $350. And just to re note, since we have someone on Zoom, we'll do the Zoom case and then after that, we'll move number 14 up in order. Kelly Porier, Code Office for Elatio County. In Code of Forstment Case, SM24-058. County received a complaint on May 21st regarding an add-on to a mobile home without permits. Property is located at 269-24, Northwest 84th Place in High Springs, in Elatua County. Identified by parcel number 01759103000. The owner of the property is a Raldos Sanchez and Rihanna. I hear it. I apologize for any miscommunication on the name. Code Administration initiated enforcement proceedings and found there to be a violation of the following sections of allotual county code. Section 402.140B, improvement of property prior to issuance of a building permit. The respondent was provided a reasonable time to correct the violations. Notice the violation was sent to the respondent that included corrective actions. ongoing inspections conducted to date have determined that the respondent remains in violation to set a lateral county code section. my last inspection of the property was on September 4th. I have good service of notice and statements of violation to the respondent sent by certified male receipt or postings. Copies have provided to the magistrate and requested to be entered into evidence. I have had no contact to respond regarding the violations. Photographs being presented were taken by myself and building Inspector Tim Clark, which actually reflect the violations and ask that they be admitted into evidence. County recommendation is a respondent be found in violation, said sections of the code, order the respondent. Commoning compliance within 15 days by complying with the corrective action listed in the notice of violation. And if not in compliance then be pay, pay a fine and the amount of $100 for each day of the violation continues, pass the date set for compliance. County has incurred $350 in cost bringing the action to hearing. What do they need to do? They need to work with the building department and Payton after the fact permit. Yes, I assume he needs once they get that then they would be considered and compliance Yes, your okay, all right sure opportunity to speak if you want to come up to the podium And you saw earlier please state your name and your address and Have you been were you here for the swearing? Yes Okay Good morning. My name is Voldocentius prop And have you been, were you here for the swearing? Yes. Okay. Good morning, my name is Voldo Sanchez. Proper. Please state your name in the right place and address your revenue. Sure. Voldo Sanchez. 26924, Northwest. 84th place, high springs, Florida. Okay. So tell me, counties say that you're doing work on the house without getting a building permit. Yes, that is correct. Okay. And it's my first case with the county and I would just like to know what procedures I have to take to comply this case. Well she said you have to go down to the building department and obtain what's called an after the fact permits since you didn't do beforehand. Correct. And based on that, they are probably been to look what I saw in the photos. They're probably going to require some engineering drawings to issue that permit. All right. OK. So I don't know if you had somebody design what you're doing or you're doing it yourself. We're in the process. We're getting it designed. OK. So you're going to need that side of it as well. Anything else that they would have to do? In just for clarification, making application alone is it sufficient? We would actually need the permit to be issued before we can close our side of things. Okay, so you need that actually, PIE, and then you actually have the after-fact permit issued. Okay, all right. So my experience is 15 days. That's hard to do. I think part of the reason for that number of these was my understanding is that there is a stop work or order issued earlier and the work continued after the fact. Okay. All right. So my question to you is how long do you think you need to get back down to the county apply for the permit and then get the permit issued. I want to get 60 days. Okay. And have you stopped work on the work? Yes, the work has been stopped ever since. I mean that that's what I need to know. Or for stop. Okay. All right. So you're asking for 60 days. Okay. This county have any problems since the work has stopped giving them 60 days. Okay. All right. So just so you know when my order comes out, has stopped giving them 60 days. Okay. All right. So just so you know when my order comes out, it'll get you 60 days. Okay. Good. But don't wait for the order. Okay. So. Right. And as soon as you have the information, the permit, please let the officer know. Okay. She can obviously look in the system, but it may take a while. So. Where's the office located for the building permit? You want to tell them where? So, it's located into the Growth Management Office of Elachua County. So, we're on the corner of University and of Maine. It's on kind of like south on Maine. So, it's in a adjacent corner to where we're located at. So, it's not in this building. It's about a block down on the right-hand side. Okay, thank you much. And if you Google it, you can pop it up. It'll get you directions to it. Okay, thank you. Thank you for coming. The student number five, that's on Zoom. So we need to make sure that we get the person sworn in because you couldn't see them on the record. Case number SM24059, a Latua County versus Edward Conlan and Teresa Conlan. Okay, do we have the Conlan on the Zoom yet? Yes, your honor. Okay, I can see you now. All right, so if they'd let Jackie swear you in. Raise your right hand. Okay. Please raise your right hand. Do you swear or affirm that the testimony you are about to give in these cases today will be the truth and the whole truth? I do. Great. Thanks. And so you heard I'm going to let the county present its case and then I'll let you respond. Okay? Very well. All right, county proceed, please. Yes sir, so the county's own property located in Elachua County, there's no 911 address assigned, but it do have a parcel number to associate with. It's parcel number 177422-009-0000. It was found in violation of by the Elachua County officer for violation of section 74.20a, which is our accumulation of junk. We're recommending the respondents be given 30 days to remove the junk and lawfully dispose of it. And if not, then be subject to a fine in the amount of $75 a day. And the county has costs amount of $490. I'll call officer. Kelly Porrier, Code Officer for Alachua County. Code Enforcement Case SM245059. County received a complaint on May 16th regarding junk and junk and debris in a vacant lot Properties located at person number 17742 0900 Which is right next to 2406 north east 69th terrace and Gainesville in Elatua County Property is owned by Edward and Teresa Cohnin. Code Administration initiated enforcement proceedings and found there to be a violation of the following sections of the Lachua County Code section for 7474.20a Cumulation and junk. Respondent was provided a reasonable time to correct the violations. Notice violation was since the respond that included corrective actions. On going inspections conducted to date have determined the respond it remains a violation is set a lateral county code. My last inspection of the property was on September 4th. I have good service of notices and statements of violation to the respondent sent by certified mail receipt or postings. Copies have invited to the respondent sent by certified mail receipt or postings. Copies have been invited to the magistrate and are requested to be entered into evidence. I have had contact with the respondent regarding the violations. My last conversation was on September 4th and I did email photos of the violation to him since he does not reside in state. He resides out of state. Photographs being presented were taken by myself and act to reflect the violations and ask they be admitted into evidence. County recommendation is responded be found in violation said section of the code or to respond and come into compliance within 30 days by complying with the corrective action, actions listed in the notice of violation, and if not in compliance, then pay a fine. The amount of $70, $75 for each day, the violation continues, pass a date set for compliance. County has incurred $490 in cost and bringing the action to hearing. Okay, Mr. Connellan, your top attorney. Go ahead and see and see. Yes I can. We can hear you fine. Okay I'm coming to you from Troy New York residents of my mother 91 years old I take care of her full time. The genesis of my ownership, I say my because my wife passed away in March of 2023 of cancer. Now, prior to that, at the end of 2018, I reluctantly agreed to purchase this. I'm the breadwinner in the house. My wife has been disabled most of her, most of her are almost 40 years together. And unfortunately my wife was more of a wanting to be her kids friends than she wanted to be her kids parent. And so when they got into adult, would they expected lots of supplemental income and supplemental things from mommy and daddy who live up in New York State. So I'm the survivor now of that whole I guess I'll call it mess. Now just to give you a sense I'm trying to be brief here but to give you a sense I purchased that property my daughter who lives two doors. So she lives next to that door further down the street. To that property Ms. Poir just mentioned. and did live there. And they had been on his own, you know, this significant other, on his own had been going over and claiming he was maintaining it, but there were piles showing up of, from my understanding, there were piles of these brush things showing up. So I really don't know if that came from the property that I own. I've never really even seen it. I've been there once for four days and this was before we ended up purchasing the property. So I'm pretty much sighted and seen. Now, what he and my daughter did about a year ago was they decided to put this huge stockade fence around their property, which is a double property. So it's 2 100 foot by 100 foot lots. The secondary one, which is the furthest one down at the end of the street, he completely rehabbed. He took all sorts of tree roots and all this other stuff out of there. I believe he deposited that on my land. Why? Because he did not like it, but I would not sell that property to him for what I had paid for it when I bought it at an auction sale, whatever it was. And so I guess the end result was he decided he was going to take his stuff while he cleaned up that property of his, that double property of his, and then he's going to go put it up for sale. And then leave the state, go to Arizona somewhere, I don't even know where they live. And then leave me with the headache of this property that I was just trying to be a goal wrong to get a long person because my wife was ailing of cancer and she wanted a place to be near her grandchildren. So anyway, I appreciate you for indulging me this. Okay. I'm a retired 30 year investigator with the state attorney general's office in New York State. I'm just now looking to have a quiet life and just live my life. Now I'm presented with a problem with this thing here. My wife's significant other decided to tell those neighbors directly next door. I have this portal remember that's where the motorcycle was near whatever that property line is between my plot and theirs. All right. Directly adjacent to them further down is where my daughter and her significant other did live. Now they're back there so I hear. Now, the other thing is interestingly the motorcycle that was parked right near that property adjacent to mine is now gone according to Miss Forrier. So I have been in text contact with my daughter and her significant other and I said, you know, please get your stuff off my land. I didn't put it there. I'm pretty much confident that you put it there. Get it off. You have permission to go on my property. So I haven't heard back from now. Now my biggest problem right now is I want to do the right thing. I want to have this situation resolved, and then obviously I think I want to get rid of that property as soon as I possibly can so it's not my headache anymore. I only did it because I had compassion for my wife that she wanted to be down there, but cancer took a bad turn and she died. And their sour grapes about it. So my problem is I want to ameliorate it. I want to call them some 1-800-Junk place or something to go and get rid of stuff that I firmly believe was there before they fled to Phoenix, Arizona. but I have no proof of that. So my concern is, I don't even know, I am assuming Ms. Poyer knows where the property lines are. I don't know exactly, because it's pretty much sight unseen with me. And I want to do something long distance. I'm 950 miles away in New York State. I'm in Troy, which is a suburb of Albany, New York. So I want to do the right thing. However, I have concerns because these neighbors, supposedly, from prior knowledge, from my daughter, are very savory neighbors. So if I hire somebody to go on, whatever supposedly is my property, to clean something up. And they get accosted by these people who have a trailer out front and they have a pit bowl that was encroaching on my property supposedly according to my daughter on a chain. You know, that leaves me in a bit of a quandary because I don't want to be sued by somebody who got attacked while they're trying to do my bidding and clean up the property. I physically can't go down there and do anything about it personally, but I'm trying to find a way to comply and then very shortly thereafter I want to get rid of that property as soon as I can. Okay. So, yeah, I guess. So I think I understand your position instead. So, just to suggest in, if you hire a real estate agent, they have lots of contacts who can clean property and stuff like that. So that may be one of your best resources. And then you indicated that you want to sell the property. And let them deal with that issue. one of your best resources, then you indicated that you want to sell the property and let them deal with that issue. Do you have a survey of the property? No, I do not. We just bought it basically a rectangular piece of land 100 by 100 feet. And interestingly, some things have now been moved. The significant other did have some kind of a cinder blocks or something in front of the property. And apparently he did, my suggestion, but a little too late, put up a sign that said, no, trust passing. And it had I known that it was there, I certainly would have contacted the Sheriff's Office to see if there's some kind of enforcement mechanism, but you have to have basic things in place before you involve them. Of course, the Sheriff's Office doesn't really want to get involved in anything that's civil, so I understand that. So, you know, that's the kind of laundry I'm in. I'm not whining. I'm not the, you know, I just want to get this over with and let someone else own the property. Understood. Okay. So how much time do you think you need to get the property cleaned up enough to at least meet the county's requirements? what's involved there I looked at me like there was an old wave rider yeah like jet ski they looked like there was piles of brush oh are you talking to her yes I'm talking to her yeah and I did let him know that the our landscaping was starting to be a little bit overgrown so you have a nu sense, it potential issue. That's a wide variety of violations. So he should just take care of that now. Okay, so yeah, so I'm inclined to give you 90 days to try to get their act together on this. But I would, like I said, encourage you to reach out to some local folks who do that kind of work that you're asking to be done. So since it's clear that you're not able to come down and do it yourself. And go from there. All right. So you're saying there are people that are interested in, you know, I've gotten letters from time to time that they're willing to take the property or buy the property from me, blah blah blah. There's a host of that going on anybody who owns a vacant piece of property is probably gotten at least a half a dozen letters in this state about whether that's a legitimate offer or value I will leave to you. I think it's proximity to the airport and the college is interested in some properties down there too I guess so yeah so I again I would encourage you to get a real estate agent they deal with that stuff all the time there's lots of them in the county and they can basically be your representative for you while you're getting it in order all right well I think it 90 days is fair I am just trying to figure out how I'm going to do that and I think I'm going to take you up on your suggestion that I get a real estate person involved and try to find someone who actually does that kind of thing. Well, all the real estate agents, all the real estate agents that I'm familiar with have various contacts who can help with that kind of thing. I see, but that's with the promise that I'm going to sell it to them afterwards. Yeah, whatever. Yeah, you would want it. They would obviously I think want to contract with you. Yeah. All right. Well, I believe that's fair given my circumstances. I don't really have much hope left that they're going to do the right thing and clean up the stuff they put on my land. But I believe I saw the C-DU, the one time I was down there, I saw the C-DU, and I thought I'd remember seeing the motorcycle. Now, sudden motorcycle's gone because that probably has been characteristics on it. You probably want to get rid of it. That's why they're back living there again. So. Okay. All right. Well, that's all I need from you. All right. All right. Thank you. All right. Well, sir. Thank you. And I'm sure I'll be told, you know, the specifics with what another contact. Yeah. Well, actually, you'll get my order. And then I would stay in that. And if you find out that from miraculously, the property got cleaned up, please contact the officer and says that she can go back out and inspect to make sure that it's in compliance. Very well. All right thank you. Thank you. So we're going to now bring parcel number four case number 14 up. Since we have a lot of people here. Case number SM24-0666 request for nuisance abatement, Al lot of county versus Christopher Lee Markham trustee. All right, so someone here representing Mr. Markham are the trustees. And somebody here representing Mr. Markham are the trustees, okay? County, please proceed. We're in case for 14. So number 14 is under your old business section. This is a little bit different. We haven't listed as a request for a nuisance abatement. The property itself was found in violation back in October of 2023. It appeared before you for a hearing. There are multiple sections that were found in violation of the code at that time, including some international property maintenance sections for Fins Upkeep, as well as nuisance overgrowth and some other portions in regarding basically like a dilapidated little structure on the property. This property is located at 3200 northwest 98 street. It's what's commonly known as the Metabac rough, golf course or the form or golf course. At the time that it was kinkin, you did find a violation and a copy of your not only your findings of fact and conclusions of law order but also your order of administrative findings and today is packet for you for review. The property remains continued to become a nuisance overgrowth situation since it was last presented to you. The nuisance overgrowth has just continued to expand and expand. So it was notice of violation was issued for basically repeat violation. So we've gathered evidence to present to you today to show that it still remains in compliance, out of compliance, sorry, specifically for today's hearing purposes for that New Sense Overgrowth. Okay, so we're going to have an officer testify. Our request for if the special matter shake so willing is basically to find that it remains out of compliance with this action for the nuisance over-growth, which is 74.36. We do have a nuisance abatement process. As you know that we can take to the Board of County commissioners and we do find that if this finding will help support the Board of County commissioners ultimately finding that there is a public nuisance and that needs to be debated. Yes sir. So I assume the fines are still running on the prior. They have, but since it's been so much time and since the property has become much more worse than what it originally was when we brought before you, we would like to present the new evidence to you that we have recently. So I'll call the officer. Thank you. Kelly Porrier, Code Officer for Lachua County. In Coden Forstment Case, SM24066, County received a complaint on May 28 regarding maintenance issues. Failure to mow the course has resulted in a very noticeable increase in rodents, snakes, and armadillos. Properties located at 3-2-0-0, Northwest 98th Street, Gainesville, and Elatua County, which is the Metabruc Golf Course identified by parser number 06234 001 000 owner of the property is Malcolm Markham Christopher Lee Trusty code administration initiated enforcement proceedings and found there to be a violation of following sections of Elatua County Code section 7 4.36 nuisance overgrowth which is pertaining to the landscaping The notice is a repeat violation placed on October 17th 2023 adjudicated SM 23041 Spondent was not given any time to correct the violation. Notice the violation was sent to the respondent that concluded corrective actions. On going inspections conducted to date have determined the respondent remains in violation and said allotual county code section. My last inspection of the property was on September 4th. I have good service of notices and statements of violation to the respondent sent by certified male receded postings. Copies have been provided to the magistrate, and I request that they enter it, be entered into evidence. I have had contact to the respondent, which was on June 13th. There was no further contact regarding the violation. Photographs being presented were taken by myself and act of reflect the violations and ask they be admitted into evidence. Sponored was given notice that the violation was a repeat violation. And in this case may be presented even as the repeat violation was corrected prior to this hearing. County has incurred $350 cost in bringing the action to hearing. County requested daily fee of $100 per day starting on June 12th. So County for the attorney, what's the maximum penalty that can be applied on a repeat violation? Sure. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. According to a latch of kind of good section seven, sorry, 70. I'm so used to saying 70, 24.22 subsection G, which is on our fines cost and lien subsection 2, sorry, G1B states that in fine pursuant to this section, so not exceed $1,000 per day for a first violation, $5,000 per day for a repeat violation, and $15,000 per violation. If a repeat violation, and 15,000 per violation, if the special magistrate finds the violation to be irreparable or reversible in nature. And determining the amount of the fine, the special magistrate can consider the following factors. The gravity of the violation, any action taken by the violated to correct the violation, and any of his previous violations committed by the violator. Okay, thank you, that's helpful. All right, again, is there someone here representing the golf course, Trustee? Nope. I know there's a number of people in the audience that are here in regarding this. I'm willing to take testimony from you, but if it is a repetition of what the county's already done, it's not gonna in any way change what I do what the county's already done, it's not going to in any way change what I do because the county's already presented sufficient evidence and there's nobody here to respond to it about a repeat violation. The only thing for me to determine is what's the appropriateness of the fine to be assessed. So if somebody who wants to speak, I'd be glad to have you speak. All right, so you'll come to the other podium over. Well, I guess you have the board, so let's have you come over here because they can project that since it'll be on the record. But let's get Jackie, I think you were sworn in. So they're okay. But again, you need to state your name, your location. My name is Tim Weissert. I live at 32.04, Northwest 105th Terrace in the Meadowbrook Division. Go ahead. Thank you. This is the A-Fight. We need all of this. So we're familiar with the location. So, and it's in prior violation. It's up on the screen. You're fine. You can just talk. It's going to be sure. And it's being recorded. So it's going to be in the record. This is just a reminder that we have 277. Did you go over to the microphone? Because let me make sure you're on the phone. Is this good? Yes. We have 277 door fronts, families residing in Meadowbrook. And the golf course encompasses 98.65 acres. There's three parcels. And the reason for this aerial view is, and perhaps already aware of this, but I wanted to show you that unlike a lot of zoning issues, that affect maybe just a small portion of a neighborhood with respect to us, this is metal brook right here. And those are the 277 door fronts. This is the golf course. And as you can see, it's the total perimeter of our community. So as a consequence, 277 families are impacted by this violation. The course actually physically closed in June of 2020 as a result of Hurricane Elsa and a lot of flooding in the area. The owner of the course closed the course at that time, and then moved to perhaps reopen the course, but also include a total golf type of component. He did a zoning change and was granted that. Up until July of 2021, he worked on trying to implement that total golf package and also do something to bring the golf course back, not at 18 holes, but perhaps something less, maybe 12 I've heard also 9. And then as noted before, he walked away at that point. He was unable to put together the total golf. He was unable to do anything more with respect to the golf course. And in July of 2021, he walked away. And there's been nothing done to the property sense, to the best of my knowledge. And then as noted, in 2023, you had a judgment against him for nuisance overgrowth and fines of $100 a day. And to this point, he's accumulated based on some input that I received from the zoning secretary. He's had $28,630 in fines levied against him. That was as of 821-24 and he has not paid any of those fines. And so I guess the comment I'd like to make and then give some data is that evidently we're not able to get his attention with what we're currently doing. So we became aware in our community of the fact that there was a public nuisance type of declaration that could be made relative to the property. You could do some additional fines as well, but it was kind of our hope that the public nuisance declaration would perhaps be an impetus to move him forward. And if not, the county then would have the ability to remediate and mitigate and continue to schedule so that we- Well, that's the purposes of this hearing. That's what the county stated earlier was that- was the was to have asked me to find that there was a repeat violation for public nuisance in this case. May it. And so that's such a well-formed me and the county's officer has testified that she, you know, that is in fact overgrown and stuff. Do you have anything else to add beyond that? I do. I'd like to also indicate that there's construction debris from the demolition of irrigation structures and restrooms that have been lying on the course since the 2021 date. That's in two locations. I have a picture of one of those. Would you like to see that? Yeah, you can show that there. Just put it up, bring it up so it shows on the camera. And can we get that right there? And that is located on the course in this area down here. There are also numerous mounds that you see right here. Those are visible from the perimeter of the course. They were evidently brought in their sand mounds. They were evidently brought in in order to reconstitute the sand traps and also perhaps rebuild the greens. but they were never they were never utilized there I never counted how many but there are numerous ones the exterior surfaces of the of the clubhouse which you had some pictures of. I'd like to show some of those if I may. This is the Clubhouse where you previously would go in and sign up to play. This is the rear of the Clubhouse. You can see the foliage in the debris growing around it. I don't know if you can see this well. This is the side of the clubhouse. This is visible from 98th if you walk down the sidewalk. Another view of the side of the clubhouse. And then this is a building adjacent to clubhouse that was used for storage of golf courts. And you can see that it is overgrown and it doesn't end in some disrepair. While I'm at that also, I'd like to show you in there are numerous locations where there's golf course maintenance equipment here, a loader, a front end loader. I can see a little bit of a mower here, but then there's also a mower here. Those are just residing on the course. They've been there to the best of my knowledge all along. And they've been cannibalized. You can see from this one, there's no wheels on the rear. So it's just three junk vehicles that are sitting there in the elements resting away. I'd also like to say that within outside the golf course structure, the maintenance building that I showed you, there's an area for two dumpsters. And these two dumpsters are this is current, this is within at least the last month, overflowing with trash, which obviously has been there for quite some time. And the really, thing that really is troubling, is if you walk about 10 or 15 feet from here, you're right into one of our homes and our development in a place called the Villas. Also, I guess, just as an aside qualitatively, we've seen an inquiries in our properties. It's hard to quantify them but of snakes, armadillos, plasms, mosquitoes, and even rodents. And we've also had some issues with people who are trying to sell their homes. They've had individuals who would be interested initially, and then through the realtor get feedback that they had some skepticism about maybe consummating a transaction because of the condition of the golf course. They didn't realize what didn't realize what was ultimately going to happen. And then if I may, in order to maybe really emphasize the fact that I think we do have ample evidence to encourage a public nuisance designation, I'd like to point out some maintenance buildings. They're located right here on the golf course. There's two of those where they stored equipment and chemicals. And you can see and also did, I said maintenance, stored equipment, chemicals and gasoline. These are the two buildings from the outside. They're overgrown. They're adjacent to the countryside development, which is a sister development to us, and very, very close proximity, children in that area. So easy access to these buildings. This is the inside of one of those buildings. More of the inside you can see that these are fertilizers. These are beds of fertilizer. This is really troubling. This is some chemical. It's called a flowable fungicide. It's a chloride chlorine type of product. Certainly very toxic. More fertilizer inside the building. Here's some additional chemical that is utilized, I guess, to develop turf, et cetera. Here's some other pictures inside the building. You see one of the buildings, a roof structure, is no longer intact. So these chemicals residing in, the building are not only accessible by children, but they're also accessible by the weather and the elements. And we're definitely at one time. Perhaps somebody was setting up housekeeping there by virtue of the fact that we've got a mattress. And this is the outside of one of the buildings, just with General DeBree. And as I mentioned at one point, I wanted to make as being adjacent to countryside, children have access to that area even before the golf course closed. There was evidence I actually lived at the end of the community, I could see those buildings while they were still being active and there were children oftentimes from countryside that you had to shoe away. But that was possible when there was golf course management, they were able to maintain that. That's no longer possible. There are also four ponds on the course. On the golf course, and remember, I remind you that this is the perimeter of Meadowbrook. All of our homes are within the course. There are one, two, three, four ponds. They're accessible just by walking onto the course, you can, they're not, there's no fence or anything to protect them. And again, I guess my concern is with children in the community and having access to unprotected ponds. There's also, yeah, this is it. When the irrigation building was demolished, there was a electrical distribution panel sitting here. Now, the panel, the contact is down, showing it's off. However, it's also adjacent to this, which is, I think this is maintained by GRU. Again, the panels are down, but they're open. And they're open off of 105th Boulevard, which is one of the main boulevards that go through our community. So they'd be accessible to children or anybody that wanted to do something in the way of mistch it. We also have from the golf course and the fact that the stormwater has a stormwater method of removal from the course has been impacted by the golf course ownership on this east side or excuse me west side of the course right here. We are developing large, large ditches. Some of them as deep as eight feet. So if and when we are able to get somebody to go in there and mitigate all of this damage and all of this overgrowth, it's going to be very dangerous. It will be necessary for somebody to go in, do a very nice survey of the area before they go in and try to do anything because of just the poor condition. And I guess just to reiterate with respect to the nuisance overgrowth, the dead weeds, the grasses, the brush, the small trees, there are dangerous sources, especially in the fall and winter months of brush and can possibly possibly be ignited by arson by lightning. And again, our whole community, the whole perimeter of it is impacted by the golf course. The golf course surrounds us in total. So all 277 of us would be damaged and virtually impacted by that. And I guess with that, I'll leave this to May, but also would like to just indicate that I guess the intent would be that perhaps you'd be able to follow through or support us in the declaration that this be a public nuisance and that we would have the opportunity to work to remediate and mitigate the damages set up a schedule so that this doesn't continue any longer. It's been going on for three years, four years all until. Okay. Thank you. Is there somebody else that wanted to speak? Go ahead. And please don't repeat what he said. See, it would be something different, okay? Yes, Your Honor, I understand that. Thank you. I was not present when the witnesses were sworn. Okay, so Jackie, where are you in? Okay. Regent right hand, please. Do you swear or affirm that the testimony you are about to give in this case is the truth and the whole truth? Yes. Would you please state your name and residence address for the record? James Aggert, 105-03 Northwest 32nd Place, Gainesville, Florida. Okay. And what's your relationship to the golf course? I live at metalbrook. I live on the corner of 30 second place in 105th Boulevard which is next to the depends on which way is which side is in front and back nine but right next to the ninth green my property is about 10 to 15 feet from this miss. Okay. I only have three points I would like to make and I appreciate the time thank you y'all and I appreciate that. Tim asked like to make. And I appreciate the time. Thank you, Yarnor. I appreciate that. Tim asked me to make them since I'm personally witness to these three things. Sure. Dangerous intersection. Actually, it's in front of my home, and that's why I see it. When you're going eastbound on 32nd place and come to the stop sign at 105th Boulevard, there is no stop sign on 105th Boulevard, there is no stop sign on 105th Boulevard. You have to look to your right and to your left, to the south and to the north. Well, when you look to the north, there are weeds at least six feet tall, a short distance down. And I enjoy sitting there in my driveway from time to time, relaxing, and I have seen so many near misses there because you just can't see far enough. And it's not on our common property, it's on the golf course property. So we are restricted there since he's put up no trespassing signs in a number of places, although most of those have fallen down. Secondly, I've been contacted by a parent or two and some grandparents about their concern with the increase in snakes and mosquitoes and raccoons and foxes and poison ivy. I could go on and on and on and name various things because now they are concerned that allowing their children and grandchildren to just go out and play in their yards. Usually it's our backyards that are backing up to the golf course because of the safety issue with all of these types of reptiles. And third, I have seen numerous times boys, young boys on dirt bikes. They come into our community. I don't believe any of them are from our community. I mean, when you say dirt bikes, is there these motorized or these self propelled? No, sir, they are motorized. Yes. are these motorized or these self propelled? No, sir, they are motorized. Yes, and on the street, they'll run 40 miles an hour. But they leave the street as they come into metal brick and they go into various parts of the golf course and race around, it's getting so bad now, I see a reduction in the number of times they're entering because it's hard to get through there anymore. But it is a nuisance for the owners there and it's extremely dangerous for these riders to be doing that because there are a few sinkholes on that golf course. And I would hate to see something happen to any of those boys that are out there. They also go to those two buildings that Tim had mentioned and I don't know what they do down there but they'll spend a little time and then they leave and off they go. Okay. And those are the three points I wanted to make and I appreciate the time, Your Honor. No, thank you for making this, thanks. Thank you. Okay. Anything else from the county? Yes, sir. Okay. So question for the county has you had EPD out this place with about the fertilizers, fuels, and chemicals? No, Your Honor, we weren't aware of those because we did not go on the property. I have now that you were with me, I would ask you to consider taking EPD out there because we will be an issue for them. Yes. Okay. All right. Well, the property is actually posted no trust passing. So I will have to ask EPD if I can answer that. Well, you can also refer it to the Department of Environmental Protection and trust pass is not a concern for them. Okay. Thank you, Your Honor. So, okay. So, the state has the ability to do that. And actually, your EPD may as well, depending on if they are enforcing stable. So just for me. Thank you. depending on if they are enforcing state law. So just for me. Okay, all right. Harry, nothing more on that. I will end that case and go back to our regular schedule if you would please check it. And thank you all for coming in the audience. You're free to go. And unless you're really bored, you can stay and watch. I'm going to go ahead and get the board. I'm going to go ahead and get the board. I'm going to go ahead and get the board. I'm going to go ahead and get the board. I'm going to go ahead and get the board. I'm going to go ahead and get the board. I'm going to go ahead and get the board. I'm going to go ahead and get the board. Okay, go ahead, call 6, please. Case number SM24-060 a lateral accounting versus Continua brokerage of America Court. Okay is there someone here representing? So you want to have a seat over here by this podium and I don't think she got sworn in I think she came in light so we'll get her sworn in if she testifies. So can you go ahead and proceed? Yes sir the corporation owns property located at 15701 Northwest 28 Street in Gainesville, Florida. The complaint was received and the property was found in violation of a Lachel County Code Land Development Regulation Section 402.140B, which is our improvement of property without, uh, for obtaining a building permit. Also, our 404.82.5, which is our parking code section. There is a registered agent who has been in contact with the Code Administration Office. Our recommendation is to provide the corporation with 30 days to come into compliance, which would require removing all and permitted work or obtaining an after the back permit if they can, complying with our parking provisions, and if not, then pay a fine in the amount of $100 a day. And the county has incurred costs amount of $490, and I'll call the officer. The bill is billed. people living in a shed. Properties located at 15701 northwest 28th Street in Gainesville in Elachua County. Identified by parcel number 05791 003 002. Owner of the property is continued and brokerage brokerage of America Corp. Code Administration initiated enforcement proceedings and found there to be a violation of the following sections of a Lachel County Code 402.140B Improvement to property prior to issuance of a building permit which is the Sheds and Section 404.82.5 parking a trucks recreational vehicles and trailers The respond it was provided a reasonable time to correct the violation, known as the violation was set to the respondent which included corrective actions. Ongoing inspections conducted to date have determined the respondent remains in violation of set of lateral county code sections. My last inspection of the property was on September 4th. I have good service of notices and statements of violation to the respondents sent by certified male receder postings. Copies have been provided to the magistrate and are requested to be entered into evidence. I have had contact to the respondent regarding the violation, which was by email on June 20th and have no contacts since that time. Photographs being presented were taken by myself and accurately reflect the violations and ask they be admitted into evidence. County recommendation is a respondent be found in violation, said sections of the code order the respondent come in compliance when 30 days by complying with the corrective actions listed in a notice of violation and do not in compliance and pay a fine and the amount of $100 for each day violation continues pass a date set for compliance county has incurred $490 in cost and bringing the action to hearing. Okay, anything else? No, you're on. Okay, short turn. Let her swear you answered you came in late. Please write me in to you. Do you swear or confirm that the testimony you are about to give in this case is the truth in the whole truth? Yes, I do. Would you please state your name and residence address for the record? Yes. Would you please state your name and residence address for the record? Yes, Dimentry Silas. My residence is Illinois, so my property address is 1-1807 South Indiana in Chicago, Illinois, 60628. And I snowboard here in the state of Florida at 157-01 Northwest 28th Street in Gainesville, Florida 326-09. So what's your relationship to the property? I'm the owner. You're the owner, Okay. All right. It was a corporation. We did. Okay. Um, the permits I have, I have the three permit numbers for it. I have the permits for the shed. Any RV? Office of four year? Right. Okay. We have spoken and I was unclear because there were some new laws that were coming into play in Florida Whereas that you could park your RV on your land 21st 7 so I think I had spoken to you about that and then I didn't know what other Further action to take because to get a building permit you can't get it in the corporate name I have to get it in my personal name. So I'm kind of unclear on what we're looking for because I have the permits for all three structures that are on the property. So you want to say you have a permit for all three structures. Who was the permit issued to? There were issue to continue brokerage of America. I have the permit numbers. Okay. They are PRE 21 001 060 and what's that structure? And that is the garage. Okay, which is 12 by 26. And I have a permit number PRE210010 and that's for the shed. Okay. Which is 20 by 24. Mm-hmm. And then I have the permit PRE21000661 and that's the permit for the RV. Okay. Through you, Your Honor, the permits that she just mentioned, those are actually pre-approvals and those were done back in 2021. So the actual permit has never been applied or issued and those have been closed back in 2021. Those were actually closed because she never actually applied for the permit. And so I did explain that to her as far as the. So yeah, so she actually did a pre approval permit. Yes, Your Honor. So she never followed through to get you actually the full permit issue. Yes. Okay. Now do you anticipate there is an issue with that since she applied and was given? No, there shouldn't be an issue. She just needs to reapply and it would be a little easier if she did that under her name instead of the corporation. It makes it go a little quicker. As far as the RV, there is no issue, but the fact is she's been living in that or staying it on weekends being a snow bird when she's not building the only time you can actually stay there is when you're building on a temporary basis and she's been living in that since 2021. All right so are you following that? I am but I've been snow birding a lot as well. So basically it should not be a big deal for you to go in and actually get permits because you already pre-applied. You were approved for them, but you didn't finalize the permit, which is the process that you needed to go through. Okay. So because they closed the file, because they have a certain period of time, they closed the file because they didn't hear from you. And a lot of people get permit, apply for permits and never finish it and never get a full permit, an actual permit. So since you're down here, it shouldn't be that hard for you to go over to the Building Department and seek to re-initiate those. Okay. Now you are going to have an issue though with the RV unless you're planning on building. Yeah. Yes. I was informed by the respondent. She wasn't going to be building until 2026. So that either needs to be removed or put in enclosed structure or, and that's what it states on the notice of violation. Would you? All right. But to my understanding, isn't there a new law that came out in the state of Florida, I'm not sure if it's Elastra County that you can park your RV 24 or seven on your land? It passed on May 14th of this year. May 14th. County have any information on that? Now, you know, parking your RV and using it are two different things. OK. Because, yeah. I guess so. So you have to make clarify that because hit maybe, you may have been allowed to park it, but you may not be allowed to live in it unless are you hooked to sewer? Yes, I have a septic. You have a septic tank already installed. Yeah, I'm not aware of the specific rule or law that she's talking about but the code section or local code is not necessary. Well, it is in regards to parking but the nature that the officer cited for is for the leaving living. Living is understood. in regards to parking, but the nature that the officer cited for is for the living, living room. Living room. I understand. Yeah, so they're not cited for the parking. It's actually living in it without being in the process of building something, because there's an exception. If you're building your own, and you could live in the RV, and many folks do that, as it's being set up. Yeah, that's not going to be for a couple years. I got to see the loan. Okay. Okay. Okay. So how much time do you think you need? Are you here down here now? Or did you come down? Yeah, I can go over there now and do what needs to be done. So the county's proposed 30 days for you to get all your permits and stuff in order. Do you are you comfortable with that time, Perry? Yes. Okay. All right. Good. All right. So my words so you know we'll give you 30 guys. Let her know how you're doing Okay, sometimes paperwork and administration can get behind and if not your fault then we can take that in Okay, thank you for coming All right, let's move on to case number seven Case number sm-068 a lateralachua County versus Santa Fe Apartments 2LTD. There's someone here representing Santa Fe Apartments LTD. Okay, you want to have a seat over there by the podium and let the county proceed and then have you speak to it. Okay, county, please proceed. Yes, sir. Santa Fe Apart to LTD. And specifically this is apartment number 1303, which is located at 8008 Northwest 31st Avenue. The co-inforcement officer at the time, it was Ms. Monroe, but it's been transferred to a new officer now. There was one to be two issues. One was 474.29 for prohibitive and dangerous structures, and then the adoption of the International PAPTIMeat in Code Section 605.1 for installation, I believe is regarding some electrical issue of speaking with the officer in the 74.29 is now in compliance as of this week. So what before you remains is International Property Maintenance Code Violation, and our recommendation is to provide them with 30 days to come into compliance. And we are seeking our costs in the amount of $420. They don't comply with asking for a fine amount of $125 a day. Yeah. Okay, officer. Again. Ellie Porier, Code Officer for Elatrio County. New Code Enforcement Case SM-24068. County received a complaint on September 7, 2023 regarding electrical issues, trash, and a pool is green Office of Greta Monroe open the case on September 7th, 2023 Case was transferred to myself on May 14th of this year Properties located at 80008 northwest 34th 31st Avenue Partement 1303 Gainesville and Elatrio County identified by parcel number 062302601. The owner of the property Santa Fe apartments, number 2, LTD. Co-ministration initiated enforcement proceedings found there to be a violation of following sections of Elatrio County Code. enforcement proceedings found there to be a violation of following sections of latchokine code. PMC 605.1 installation which is the electrical receptacles and section 7 4.29 prohibited which indicates the holes around the property. When you start let me start to go back to electrical. What's what's specifically with electrical? The electrical receptacles. They weren't working. So the electrician. Okay. So they were out working, not improperly grounded or not. Correct. Okay. All right. The respondent was provided a reasonable time to correct the violations. The noise violation was sent to the respondent that concluded, included corrective actions. ongoing inspections conducted to today have determined that the respondent is in compliance for section 7 4.29 prohibited but remains in violation for PMC 605.1 installation of a Lachua County Code section. My last inspection of the property was on September 4th. I have good service of note notices and statements of violation to the respondent, said by certified male receded postings. Copies have been provided to the magistrate and requested they entered into evidence. I have had contact to respond it which was on May 31st. Additional emails have been sent to the respondent but have remained unanswered regarding the violations. Photographs being presented were taken by officers of Gretem and Roe and myself and they react to accurately reflect the violations and ask them to be found in violation of the said section of the code order responded to come into compliance within 30 days by complying with the corrective actions listed in the notice violation and if not in compliance and pay a fine in the amount of $125 for each day violation continues plus a date set for compliance county has has incurred $420,000 in cost and bringing the action to hearing. Okay, is that it? Yes, sir. Your opportunity, sir. You let Jackie swear you in and also get you to identify yourself and your relationship. For example, if you raise your right hand, do you swear or affirm that the testimony you are about to give in this case is the truth and the whole truth? Would you please state your name and residence address for the records? My name is James Honey Sucker. My personal residence? Yeah. 843 Southwest, 60th Terrace, Gainesville, Florida. Okay, and what's your relationship to the property? I am now the property manager. Okay. And when did you become the property manager? March of this year, I was moved to this property just because they had issues in the past. Okay, and what do you tell us about the existing violation violation which is the electrical outlets that are not working? So in researching this, I think I met with a lady one time. That's all I saw was one time. I don't know what email address has been emailed. I get an email, I respond to it. So why don't you for the record state your email address? My email address at my office is Honey Sucker J at Richmond Mgt.com. And spell Honey Sucker J just H O N E Y issue CKER letter J, had Richmond RCHMAN. The property is split owned by Richmond property services as well as another person. Okay, all right. So again, tell me where do you stand on the electrical outlet? So in my research, it took a long time just because there were records were so messed up. And I did find in from the discussion I had with the lady that came out there. Again, it took some time. I did email them yesterday, but my district office called me at 805 or texting this morning about coming here because I sent them this when I finally found the company that did the work for apartment 303, 304, and 307. And what work did they do? They did the electrical work, the troubleshot, the lighting circuit for for living room, found loose connections on outlets, one on North wall, one on East wall, right side, one on South wall, left side of windows, wires, were replaced hookwires around sprues, TV, modems, and on coaxial cables. This was done on 11, 6, of 23. Well prior to my personal knowledge of it, I wasn't directly managing this property. And, let me see, Zane, actually, I think this went in because I have another date at the bottom, which I emailed. I didn't know I had to appear here today because I emailed this when I got it to this course. Now, my question to you has you confirmed that they actually did the work? Yes, they did the work. Okay. It was done by... And by that, I mean, you've actually checked that the electrical outlet worked. Yes, we hadn't had any other problem with that. Okay, okay, that's not just that because I'm not in the spectrum. But it was spurred in electric that did the work. And like I told her when she came out, I'll get everything I can get for you. That's what I found. When you did your inspection, was it still not working on the fourth or? No, I actually was not, I did not enter the apartment when I met with Mr. Honey sucker back on May and also his district manager Cassilis Kathy I did request the invoice from the electrician that the work was done they said they were in a supply at two me and I've been waiting since May once I have that the case can be closed because I need some verification. You get there that copy today. Yes. I actually emailed it on yesterday I did not see that hold on Who did your email to you may have been the former code officer now it was Greta yes, Marrow that's my concern it went to the letter. She's no longer with the agency So that's probably went to me that's why you met with me back in May. So it took over the case. Okay. So as long as you, yeah. So if we can get a copy of that, you'll have met what they need. How? Yes. No, no, no, I have a copy. Okay. So yeah. And I don't know how the system might appear to the system, if they don't exist anymore, it just goes into a black hole. I'm familiar with it. I had it with the previous people here. But again, I haven't gotten an email since. I apologize if she felt that way. I didn't. No, no. I just, clearly there was cross-communication missing each other in the process and no fault. So yeah, so now that it was fixed a long time ago, you're on her. We don't have any dispute over that. So yeah, so it's just getting that information to the county so they could act on it was the only thing we didn't have. So and what she's saying is, yeah, appreciate you doing that. Appreciate you coming because some folks don't even bother. I'm not fine for you now. Yes, you're probably need more fines. Thank you for coming. All right, moving on to I think it's number eight. Alac case number SM24-065. Alacua County versus Jerry Lawson's Stodge Hill airs. Very Lawson Stodge Hill airs here, anybody? Anybody representing Jerry Lawson or Stodge Hill? Nope, County police received. Yes, sir. The property appraiser actually has this property listed as the owner as air property, which I thought was interesting, instead of just an estate of or so there's some indication that perhaps the previous owner is now deceased. However, the properties still being found in violation. It's located at 628 North East 78 lane in Gainesville. There's found to be accumulation of junk on the property, which is a violation of 74.20a and improving a property is 402.140b. Specifically, there's some sheds and structures on the property that appear to have no permit for them. The taxes are being paid so we believe that there is someone who's occupying the property. I'll let the officer speak as to who that may be, but it is listed as an ears property. Our recommendation is to provide 30 days to come into compliance with those two sections of the code if not pay $100 a day and the county has a curve costs a amount of $420. Cally Porear, Code Officer for Lattrial County, in Code Enforcement Case SM 24065. County received a complaint on March 29th regarding two sheds built without permits, junk and debris, located throughout property. Properties located at 6218 North East, 78th Lane and Gainesville in Elatrial County identified by parcel number 1761100100. Owner of the property is Stockhill, Jerry Lawson, Ayers. Code Administration initiated enforcement proceedings and found there to be a violation of following sections of a lot of county code. Section 402.140B, improvement of property prior to issuance of a building permit, which is the two sheds and 7 4.20a, cumulation and junk. The respondent was provided a reasonable time to correct the violations and notice the violation to sense the respondent that included corrective actions. ongoing inspections conducted to date have determined the respondent remains in violation as said, a lateral county code sections. My last inspection of the property was on September 3rd. I had good service and notices and statements of violation to the respondent sent by certified male receipt or postings copies have invited to the magistrate and requested they be entered into evidence. I have had no contact to the respondent but I had had contact with Travis Trowell who resides at the location regarding the violations. How do you spell the last name? TROWEL. Photographs being presented were taken by myself and actually reflect the violations and ask that they be admitted into evidence. County recommendation is the respondent be found in violation and said sections of the code. Order the respondent come into compliance within 30 days of complying with the corrective actions listed in the notice of violation. And if not in compliance and pay a fine in the amount of $100 for each day, violation continues past the date set for compliance. County has incurred $420 cost and bringing the action to hearing. So a person living there, do they give you any indication what the relationship to the owners are? He indicated that he believed the owner was passed away. He was going to be paying the taxes until it was time for him to purchase the property. So he was trying to try to do a tax deed on it. This was the essence saying, okay. All right. And did he any indication of who built the sheds? Did he build them? He actually built them himself. So in effect he's a tenant, okay? Yes, Your Honor. Is there any reason the county didn't cite the tenant? As well as the owner? No other than to be honest, not knowing whether he has the real authority even be there in our minds, he could have been a squatter. So. Or he could have been a existing tenant or the owner died. He could be an heir for all that we know. So all that we have, as our code section tells us, who to provide the notice to is based upon the text. Like, there, and that's what we did in this. Before we've actually cited both owners and tenant, whether it was a little children of a tenant company. We have done some of that as a responsible party. Additional response for the party. Okay. I just want to clear that for the record. Okay. Again, anybody here representing the property owner? You're in none. I don't include case number eight. Number nine. Case number SM24-067, Alachua County versus Nidale Bougam. Is there someone here representing? I don't know. Okay, you want to have a seat over there. I'll let the county proceed. Go ahead, county. Yes, sir. So this is a continuation of a case that come before you in August. This was a vacant property that was identified by personal number 06678-010-038. Yes sir. So again, there's not an address assigned. It is a rather largely piece of property in a residential area. It was found in violation by the code administration office with assistance of our forester to be in violations of early and development regulation. We had two sections that were found in violation essentially unauthorized removal of certain trees that are regulated. We had come to you with a recommendation that they're responding to be required to pay the county's cost and amount of $210 and bringing this case that he be given 30 days to come into compliance by submitting an after-fact permit and the tree mitigation plan, and then being given a certain amount of time, we just did 60 to do the implementation of that plan. And then if not comply, do subject to a fine $100 a day. It's a position of the county that the senior four Sir Landscape and Spector Officer Hong had come and presented a sufficient evidence that the trees that were regulated in fact had been removed or destroyed, which would have been a violation of our code. So the county's position is that we've presented enough evidence. There was defense that was made by the respondent in this case, where he basically said he didn't do it. It was a good continuum. So that's a good deal in the record and I have not hold more of the other. So yeah, so have the county found out anything additional because that was on the request I had So the county's hit the claim and I didn't reason that somebody came maybe a Jason property who came in and cut the trees down has any The position of the county is that you know we presented our case in chief If he has a defense to me then the burden should be on him to approve the fence We have a property and the tree has been removed on the property and it's not standard practice for us to go marching around to ask other individuals or collect evidence to help him defend his case. So that's position of the county we still believe that he as a property owner should be a violation of these sections. It was his tree on his property. So your turn you were sworn in for last hearing. I'm county's comfortable. He's still you're still under oath because this is continuance of last hearing so note So did you have any luck in figuring out what happened? I'm introducing his name again. Oh yeah. So just put your name on the record. Need all Bugana. And your property owner? Yes, Your Honor. Yeah. From last time I tried to find out who actually did it. Right. And I checked with the neighbors there. There's Mr. Joe Green. He's a retired man. He owns two properties side by side. So he's always there in the area. I've seen him before. And I asked him if he saw anybody cut in the street, we actually went to the back and look at the tree to locate it and he said I didn't see anybody but from From what it looks like the tree what me and Miss Han saw the tree that it's it's been rotting for a long time It's been a dead tree. So I don't know if somebody cut it for safety reason or whatever, but I have I Wasn't aware of the three-mean cut. And as I told you before, I have no interest of cutting that tree. So I did try attempt to find out if anybody saw or anybody knows. No, that's what I'd ask you to do, because if we could find out somebody who's wrong, would give you a recourse potentially as well. So that's what I needed for you. I'm sorry to make you come back, but I wanted you to offer you the opportunity to figure out what was, you know, what would cause this problem for you. Yes, yes, you're wrong. Okay. Anything else from the county at this point on that? I mean, obviously everything in the prior hearing is still in play and I don't have my notes and so. Yes sir, we don't have any additional evidence for you. So thank you for coming again. Thank you for trying to follow up and see what you could do on that. Yes, all right. One more question. Sure. I have an issue. We're trying to develop this land and we have EDA working the plans to have a site, the site location of homes and everything to build. And we, they're trying to comply with all the counties regulations, which is like 20% continuous canopy and so on. Right. And there's a couple trees that are in a place where lots need to be. And I was talking with the code enforcement that, you know, we would like to remove these trees and, you know, do a medication replacement or everything. I read the code and everything and she told me, we couldn't reach an agreement. And I told her, well, can we bring it to the magistrate? She said, well, only if there's a violation, then you can, and I'm like, don't know what to do at this point. Do I commit a violation to come and No, I would tell you don't do the violation because that'll real be a willful violation really willful I would say you have you Code I have the right to remove it But usually there has to be then be mitigation for that under the code. Yeah, yes, you're on so what you can do is apply for And if it's refused then you can seek for an override of that through the code. Yes, you're on. So what you can do is apply for, and if it's refused, then you can seek for an override of that through the county. You have the ability to seek to have it overridden, okay? Or what's called a variance? Or you would go through the permit process, and they were going to have recommendations, and if you can't comply with those, then you would seek to have potentially, you know, your position, sort of, but I can't say one way or the other. The, on appeal, they may decide that, you know, the county's position is, is appropriate. But you have that opportunity. But yeah, that would not come here unless you actually violated the code and you were then fined a violation and then I would have to consider, you know. And in the court it just matter there would be, I would wait till I hear about... Yeah, I would wait. You have a company from which you've told me that it's doing the work for you. Yes, no, I mean in regard to the three that was cut. Yeah, well I should order on this, I'll have to make a decision about that, okay? Right, thank you. All right. Let's move on to number 10. Case number SM24-003. Elatua County versus Jack Rogers. Mr. Rogers here. He's actually contacted the county as not well today. So if it's okay we would like to just re-notice it for a later date. That's fond on me So I'll just continue it to the next to when he's feeling better, okay, and we don't even necessarily need an order We'll just go ahead and set it for the yeah, we just go ahead and reset. Yeah, I'm just gonna make a note here is continued to next hearing Okay, that'll make it number 11 up. Case number SM24-039, Alachua County versus Gables 2017 holding LLC. So someone here representing Gables holding LLC. Scene none County please proceed. Yes sir so I don't know if you recall about Officer Washington had bought before your number of cases against Gables 2017 Holding LLC. These were a number of different residential units that either had an AC they're installed without a permit or had a deck built along the back And so there were noncompliance. Let me read something. Yes sir because we are now into a different area Just for the record even though they're not here. So noncompliance hearings are strictly to evaluate if an order that has been created by the special magistrate has been followed or has not been followed. I will not re-hear the case as a special magistrate has no authority to revisit its previous action. The policy for conducting a noncompliance hearing is as follows. Determine if the respondents and compliance are noncompliance, give the county and the respondent an opportunity to speak on the noncompliance or compliance, make a decision regarding compliance or noncompliance, and if found in noncompliance, placement of a lien in behalf of the benefit of the county. So now, sorry about that. So let's go number 11. Yes. I was going to have a picture to fresher memory. I don't think I do. Maybe the officer does. But yes, essentially, I, so in case number 24 to 039, which is your first one, the number 11, you issued a finance of that conclusion of law, which did find them in violation. There were a violation of section 402.140B, which is our proof and a property without for obtaining the building permit. The property is located at 470, Southwest Arger Road, a legend added in number 11 is specifically regards to unit number 148. You did issue a findings of fact and conclusion of law. I'm providing them with 30 days to come into compliance. They did not come into compliance, and there's an affidavits of noncompliance in the file before you. As a result, we are asking for an order to be entered for the fine, which has continued to accrue at $100 a day. That total amount, as of September 5, is $11,180, which will continue to accrue daily, at $100 a day until they come into compliance. So we're asking for entry of the order of fine and then the authority to record it as a lien. Okay, and how much is it that include them? 1,100 include the prosecution costs? Yes, sir, which was 280, which are previously entered in your order. And the officer is here if you have any questions. And I don't have any questions at this point, since the respondent is not here. Let's go to number 12. Number 12 is a similar situation. Although this is case number SM24-030. Again, the respondent is Gables 2017 holding LLC. The properties look 8.4700 southwards arter road. This specific case is unit number 139. There was a hearing before you. You issued a findings of fact and conclusion of law, which provided the respond at 30 days to come to compliance. It was also a violation of 402.140B for improvement of property. They were fin and violation. Provided time to come to compliance. There's an affidavit. I'm not compliance in the file from the officer that they did not comply. So the daily fine has been running. It's a same amount. And this one, it's 11,180 dollars, which will continue to accrue daily at $100 a day. And that did include the cost which you previously awarded to that county. So we're asking for authority, sorry, for entry of the order of fine and authority to record it as a lean and the officer is here. Okay. You have any questions? I don't have any questions on this one either. I remember the cases. Yes. All right. I guess number 13. This is for reduction of fine. Okay. It's listed under noncompliance. That's what to through me often. Case number SM24-004, request for reduction in fine allatua accounting. So what's case 13 here? So we did have a case against in in living. Yeah, so that's in my agenda. We've voluntary, sorry, not voluntary. Administratively dismissed that one. Okay, so that one's taken care of? Yes, sorry, not voluntary. Administratively dismissed that one. Okay, so that one's taken care of? Yes, sorry, my dendin number. It's different in yours. Okay, all right, just, I want to clarify why I'm making sure it was. Okay, so all right, now we're, the old business, we're gonna move for a release of lean. Okay, and then also, 13th, sorry, go ahead, which is really civilian. So now we're down to reduction. Okay, all right. So this is going to be SM24, zero four. All right, let me read something here. All right, this is yours back. All right, co-inforcement special magistrate will now hear requests for reduction of fines and rescission of leans. The decision to grant or deny your request is solely within my discretion. In making my decision, I may consider recommendations from the Lachua County Code Administration. Please state precisely what you are requesting, why you believe that I should grant your request. You may present any information that is relevant to your request. The only purpose of this hearing is to consider a reduction of fine or a rescission of lien. This is not an opportunity to discuss the original findings of guilt for the violations. Please refrain from commenting on the original proceedings since I have no authority to revisit the final action. The special magistrates' policy is to hear the reduction request a maximum of two times. If you request a hearing then fail failed appear, it will be counters request. If this is your second request, you must present new information that I have not perceived heard or have a compelling reason for making the request. So, so who is here, represent seeking the reduction? All right, so, so it's a little different than all the other proceedings. You get to go first. Okay. Okay, because you're the one making your quest and the county may or may not have a response to your request. Okay. So you need to give me information and also tell me what you're actually seeking, whether it's money or dollar reduction or whatever. Yes, sir. Why you believe it's appropriate. Okay. Reduce it. Okay. And thank you for. So let her swear you in. I'm sorry. And please raise your rating. You swear or firm that the testimony you were about to give in this case is the truth in the whole chart. I do. Would you please state your name and residence address for the record? Just in green 20232 North West 60 second Avenue, a lot to I floor to 326-15. Okay, so your turn. All right, so we purchased a house at 3,800 Southeast 19th Avenue. It was inundated with junk and debris and garbage. And there were already fines that had been assessed And then, I think, I think, I think, I think, I think, I think, I think, I think, I think, it on. We started and that was we purchased it at the end of May. We, um, in the name of this year? Yes, sir. Yes, sir. We, we tried our very best to, um, get on it as soon as we could and, and completed the, the first round to clean up, which was why it was in violation. And since, has stopped the violation, because we did complete it. And the reason I was here today is I was hoping that you would give some sort of consideration to the total fine that has been assessed and would hope that you would grant something lesser than the amount that is assessed to the House now. OK, so what's the fine currently sits now, so we know what we're talking about? Yes, sir. So I'm happy to give you a history. The total would be $8,500. Mr. Green is correct. The original case was against Curtis Ray Miller, the second. I was heard before you. There was an order issued. There was another owner of that purchased it, and then ultimately the next screen LLC purchased it. They have brought in compliance. There's not for David in the file. So they are not the original owners. They are the, they're not the original file. They're not the original. They're not the original cost violation. Correct. They have actually brought it into compliance. So we appreciate it. So we have no objection to a reduction. I don't have a dollar amount for you, super say. But we did have costs in the amount of $420. And they've paid that. Do you, otherwise, they wouldn't be here. So how much did you spend on cleaning it up? So you know, just, I mean, yeah. Yeah, and I've got I've got receipts in here that I'm more than welcome to leave with it. It's it's about $13,000 total Somewhere in that ballpark in between the actual labor and then the dumpsters that We had rented you know to be able to get it. Yeah, I just posted for the dump. Yes, or it was an absolute mess And again, I you know anything you can do to help me would be appreciated to be able to get the- And you had to pay just for the fee for the dumpster. Yes, sir. It was an absolute mess. And again, anything you can do to help me would be appreciated. I willingly knew that there were fines on it, so it didn't catch me as a surprise. I'm not going to try. To give you a little bit of history since you're not familiar with this is that traditionally, before I came, board and then it's traditionally it's not uncommon to get a reduction down to 10% or what the fine is. Yes sir. And you know and in extenuating circumstances it's been much more than that actually too. That's one of the reasons I asked you how much you spent to clean it up because obviously county benefits from having it cleaned up and back on the tax rolls and somebody paying taxes and stuff so there's you know we want to encourage that kind of behavior from folks. So, so my sense is that my, I haven't looked at the thought over it, but, you know, it'll be at least 90% reduction. It may be more than that, but I'll get that with Jackie and she'll get you to, unless you know that as soon as I make my decision. Perfect. Thank you for your time. Okay. Do you want me to leave you with any of these receipts? At this point, I don't know that I trust your judgment on it from what everybody said. It was a mess and it doesn't cheap the clean it stuff. Yes, more of these days. Thank you very much. You're welcome. Thank you for coming. Okay. Do we have another reduction? The fine request. No. Okay, it's because my head too. Is that all the cases then as far as I know? That's it. That's it. Okay. Good. It's a lot quicker than I thought it would be actually. Alright, so close this up here at 1048.