Thank you for doing that. >> Testing. >> Yes. >> How's that? >> Yeah. >> Do you want to >> I'm good. >> Just just raise it towards towards your uh There you go. Okay. >> Yeah. Just speak into it. >> All right. So, if we're if we're good to go and we're good on the recording, I'll
I'll I'll call this code enforcement hearing to order. Today's date is January 27, 2026. My name is Richard Geller and I am special magistrate appointed by the city council to hear code enforcement cases pursuant to article 6 of the city code in chapter
162 of the Florida statutes. Uh we are going to be holding two quasi judicial evidentiary hearings this evening. The second one is called a Massie hearing under a case called Massie versus Charlotte County in which uh I as a
special magistrate cannot impose fines uh unless there is established to be a continuing violation or of of an order that I've previously entered. In either case, both in that in in the Massie hearing and the other hearing, the burden of proof is upon the city to
establish that a code violation exists or continues to exist under preponderance of the evidence. So, in other words, I will determine based on the evidence presented to me this evening whether it is more likely than not that there was a violation or
continues to be a violation. Uh, any alleged violator has an opportunity to submit evidence, any rebuttal or exculpatory evidence I should say, including testimony. At my discretion, I may allow a member of the public with relevant personal
knowledge to testify, even if not called by either respond, either the city or the responding party. Anyone who would like to testify, um, I do have a sign-in sheet at the front there. If you would kindly uh give us your your identifi your name and
identify and information that way we the record uh can be uh accurate. Uh anyone who would like to testify if you would please signify whether you're would be testifying for the city or responding parties. So thank you very
much. Uh upon request, a an alle anyone who's alleged to be a violator may ask relevant and material questions of any city witness and vice versa. The city can also ask relevant and material questions of any witness for a responding party. Um I may exclude
evidence that I consider to be irrelevant, immaterial, or unduly repetitious uh in determining the amount of a fine. And that would uh that would uh be the case in the in the so-called Massie hearing which will which I believe is the second one on the agenda
tonight. I will consider the gravity of the violation, any actions taken to correct the violations and any previous history of violations under the city code and Florida statutes. I may assess an order of payment of a fine of up to
$250 per day per violation and up to $500 per day for a repeat violation. Uh there is a rare instance where I'm also authorized under the Florida statutes to impose a fine of up to $5,000 for a
violation that is irreparable or irreversible, uh which is a very rare situation, as well as the cost of any repairs that the city may make. At the conclusion of of the hearings, I will issue the findings of fact, conclusions of law uh and an
order. Uh it will all be based on the record before me and then I will reduce that to writing. I always endeavor to do that uh by the end of the week and normally meet that deadline, but sometimes life gets in the way. Um, but
probably by the end of the week, the city will record a certified copy of any order that I may enter that imposes a fine, which will become a lean against the land where the violation occurs, as well as upon any other real or personal
property of the person determined to be in violation. Excuse me. Any order thy issue may be appealed by any party to the circuit court for Bvard County within 30 days. It is the
responsibility of the appealing party to obtain a record of these proceedings. and an appeal is limited to the record that is presented before me and just uh administratively um I will uh consider the city's agenda packet which uh has
been published as exhibit one for the city and its PowerPoint slides which will be presented as exhibit 2. Um, I have signed and approved minutes for the hearings before me on November 5th, 2025 and December 1st, 2025, and they be
given to Miss Roth, the recording secretary. The next meeting uh will be on February 24th, 2026. So, at this point, I'm going to ask anyone who believes that they will be giving testimony this evening in either of the two cases, if you would
please uh stand up and be sworn in. Do you swear solemnly to tell the truth, the whole truth, and nothing but the truth? So, be God. >> Thank you very much, everyone. All right. The uh first case on the agenda is case number 25-208.
Um it alleges violations uh of sections 34-96 which are standards uh for properties in the city. Section 34-97 duties and responsibilities relating to maintenance. Section 302.1 sanitation
under the international property maintenance code. I'll refer to that as the IPMC, the International Property Maintenance Code, section 303.1 governing swimming pools. And uh the responding party is indicated as Lisa Taylor, the as the property
owner, and you may proceed. Case number 25-208, Lisa D. Taylor, 111 Justinir Road, Cape Canaveral 32920. The legal is as written as long as the uh parcel ID number the owner is Lisa D.
Taylor violation is property maintenance property maintenance standards section 34-34-B and C section 34-96 sections A and B section 34-97 duties
and responsibilities for maintenance section 34-122 public nuisance prohibited the international property maintenance code section 82-221 international property maintenance code adopted section 302 exterior property
areas section 303 swim pool spas and hot tubs notice of violation sent certified return to sender on 1225 2025. It was sent on 123 2025. Property was posted 123 2025 in
accordance with Florida statute 16212. Notices along with the required posting at city hall. Notice of hearing was also sent certified mail on 123 20225 return to sender on 122525.
Project was posted on 1232025 in accordance with Florida statute 16212 notices along with the required posting at city hall. This is a picture of the property according to the Brford County property appraisals aerial view.
>> It just go back and is that a If you go back one slide, is that like an alley uh between >> No, I see that's Riverside Drive. Okay. >> No, so that's just Mir Road and that's Riverside Drive on the back side of the property. >> Okay.
All right. >> All right. Staff report on 1117 2024. Case number 25-208 was initiated following a complaint received from the adjacent property owner, Mr. Bill Hill located at 115
Justinir Road. Mr. Hill reported deteriorating conditions at the subject property located at 111 Justinir Road, including stagnant swimming pool water, flaking interior pool plaster, as well as dilapidating conditions at the vacant property and excessive overgrowth of
vegetation. Mr. Hill further advised that these conditions have persisted for years. Mr. Hill stated that the property owner periodically adds chlorine to the pool resulting in temporary clarity. However, the pool subsequently
returns to green stagnant conditions which Mr. Hill advised leads to mosquito activity and objectable odors. Mr. Hill further advised that the pool pump and filtration system seem to be inoperable.
on 123 2025 as noted. Notice of violation and notice of hearing issued by certified mail. Properly posted and at city hall. No correction period provided due to safety, health, and welfare concerns. Case immediately
forwarded to the special master on 129 2025. Email notification was sent to the respondent advising of the issued notice of violation and notice of hearing. Can can can I just u interrupt you officer coats when you say no correction period was was provided you mean that immediate
correction was demanded by the city? >> This is based on safety and health concerns about this stagnant water in the pool. >> So So the the notice was to immediately address these concerns and to and to remedy them. Is that is am I understanding that correctly? >> That's correct.
>> Okay. Thank you. Sorry. Go ahead. Oh, let's see. On one January 2nd, 2026, the respondent left a telephone message in decaying an attempt to begin corrective actions to obtain compliance. January 5th, 2026,
photographs received from the respondent documenting progress toward compliance. January 9th, 2026, an on-site meeting conducted with the respondent at the property to review outstanding corrective actions required for compliance.
On January 11th, 2026, an email was received from the respondent advising that corrective measures had been initiated to address the swimming pool conditions in an effort to achieve compliance. On January 12th, 2026, photographs were
received from the respondent depicting improvement in water clarity. However, additional corrective work remained necessary before the swim pool could be considered fully operational and compliant. On January 13th, 2026,
a professional pressure washing service completed clean of the dwelling, surrounding structures, driveway, and pool deck areas. On January 15, 2026, an email was received from the respondent advising that the pool contractor was
scheduled to be on site January 21st, 2026. The respondent further indicated that scheduling difficulties has occurred in securing the contract to perform the necessary service and maintenance work required before the swimming pool could
be brought into full compliance. January 18th, 2026, an email was received from the respondent reporting additional pool treatments applied per contract recommendation and advising of planned on-site work on January 21st, 2026
necessary to bring the property toward compliance. On January 22nd, 2026, I received an email from Miss Taylor requesting compliance requirements to provide to the pool contractor. I advise Miss Taylor that all pool mechanical
equipment, pump, filtration system, and accessories must be installed and fully operational. Pool water clean, clear, and properly maintained. Pool interior, exterior, and decking must be in a safe and sound condition, free of hazards or
deterioration. On January 27th, 2026, I observed that the property had achieved substantial compliance with the notice of violation. Specifically, surrounding structures, including the
pool, decking, and carport areas, had been pressure washed. Overgrown vegetation had been mowled and weeds removed. The swimming pool was clean and free of debris and the pump and filtration system appeared to be in working order at the time of inspection.
However, in accordance with the notice of violation, the interior surface of the swim pool continues to exhibit deteriorated and flaking plaster and multiple tiles are missing along the pool edge resulting in uneven and
degraded surface conditions. These conditions con constitute a remaining safety and maintenance concern and a failure to maintain the proper teeth in a clean, safe, and sanitary condition. I'm going to show you some pictures that
I took prior to this uh this yard being mowed. Here's a picture of the property. Another view. Another view there. The sighting is dilapidated with green algae growing. >> Did the Did the pressure washing take
care of the algae? >> I'm going to show you that in just a second. >> Okay. >> And here's another picture. Another one. The overgrowth. Here's the pool as I was it was it was shown to me when I observed this property
with a pool cover. There's an old cover with debris. view. Overall view [snorts] there's with the cover off. >> And what's the date of that? The last
photo is that 123 still. >> Oh, I I can't see the date, Mr. Geller. >> But but the the earlier photos were on 123. Is this part of the same inspection? Okay. Yes, sir. 123. >> Get to the uh updated photos in just a second. >> Okay. >> Here's the debris that was located in
the uh bottom of the pool area. And if you can see this pool shows it's starting to clear and you see some missing plaster within the interior of the bottom of the pool and on the sides. >> Can can you direct me to go back just
where is the where are the missing tiles? >> I'm not sure I can point it to you with this. >> Okay. >> The respondent has pictures she can provide if you would like. >> Okay. And here is a picture of the pool
I took this morning at 7:48 showing u active water moving and the pump. You could hear the pump operating and conditions seem to be clear. However, you can see on the side missing tiles. And if you look down in there, you can see >> Okay, go back. I'm trying to figure out
where the missing Oh, the missing tiles on the right. >> Yes, sir. >> No, I see. Thank you. >> I wish I had a corner, but I don't. >> It's okay. >> All right. Here's the property as it's uh looking to today at 7:47. >> Okay. >> Yard mold. U structures clean,
>> weeds removed. Another view. >> Just go back if we would mind going back one one photo. What are these bricks? Looks like there's a pile of bricks there. Is that >> I can't answer that.
>> Okay. Right. just showing you the progression of what it look used to look like. >> So, so the the city's concern right now is with the missing tiles and the there was flaking of the plaster. Is that under the water?
>> Yes, sir. That's in that's around the sides of the pool and the bottom area of the pool because this creates an issue where it would uh hold algae and create a u unsanitary condition. Also be rough edges on your feet if you were to dive into the pool. So it creates a safety
concern. >> Okay. Right. Is it >> time I got a if a property representative wants to talk that >> Sure. Sure. If if um if the respondent would like to to address me, I'd appreciate that.
>> That's up to you. >> Present evidence. All right. You'll have a chance to to address whatever is presented here. >> At this point, when the property representatives slide is up, that's for anybody who needs to present evidence can do so at that time.
>> Correct. >> Yes, sir. >> Correct. And and if you wouldn't mind just um introducing yourself with your name and address. >> William Hill, 115 Justinir. Okay. And so you're the Bill Hill who was referred to in that slide. >> Okay. >> I'm And your address again was 115.
>> 115 door. >> Okay. All right. Mr. Hill. >> Um I get what he's talking about. Understand. I think what Lisa is doing over there is approval. Looks nice. I don't know why it took so long. But okay.
>> If you would look, sir, at the date on this paper that I'm holding, it is dated August 22nd, 2023. And if you would like this. >> Well, well, first I I I don't know what you're what you're referring to. August. >> What it is, there was another uh lady
who filed a complaint against the pool. >> Okay. >> Back in 2023. All the same things that are on it. The one for what I did with Lisa and the pool and the property because the grass is this high. >> Would you like me to to take that into
evidence? Whatever the document is. Well, do you have more of these? >> Could you could you present one to to Miss Taylor so that she has a copy as well? All right. So, Okay, just for the for the record, um
I'm reviewing findings of fact, conclusions of law in an order that I entered on August 24th, 2023. Uh the order states that the city received a complaint from Paige Walsh about the condition of the swimming pool
at the subject property, 111 Justinir Road. Uh property was inspected by officer Robinson on March 22nd, 2023. The water was green in color. The swimming pool had not been properly cleaned or treated to prevent
green algae growth. And then the same condition was observed on April 4th, 2023. And then May 3rd, 2023, the pool had been treated and was clear. Uh, but the plaster lining at the bottom of the pool appeared in disrepair. On June 15,
2023, the pool water was cloudy. We still had the plaster lining issue at the bottom of the pool. June 27, 2023, the pool water was green again. And the notice of violation was amended by Officer Robinson to add the condition
of the plaster unchanged conditions on July 26, 2023 and August 4th, 2023. And then on August 22nd, 2023, Officer Robinson observed that the respondant had covered the pool to eliminate
sunlight and the ability for algae to grow in the pool, but the city had not received evidence that she had repaired the pool pump or pool liner. Uh before the pool covers installation, the water had become a breeding source for mosquitoes.
The uh pool plaster liner remained damaged. the pool pump timer remains inoperable as of the hearing date. That I determined the pool was unsafe, was a threat to public health, safety, and welfare. A notice of violation, a notice of
hearing was served. Then I reached various conclusions of law about provisions of the city code that were not adhered to. And I ordered I ordered that the respondent shall remedy the swimming pool
broken plaster lining and operable pump without delay and that when the respondent uncovers the pool without delay she must have the pool water treated to avoid the growth of algae blooms bacteria discoloration and obnoxious odors. I said the pool
must not be must not serve as a breeding ground for infestation that if the city receives another complaint about the pool, the city shall attempt to reinspect the sub subject property to confirm the conditions, schedule a hearing uh before me and to duly notify the respondent
and then I would then make a determination and impose fines. Okay. All right. So, I I remember this case now that I now that I've seen this so they Okay. So, so, so we know it's been more than one year. This is going on four.
>> Okay. >> All right. >> I live next door. >> I'm sick of the stench. >> Yeah. >> Sick of the frogs, the mosquitoes, the snakes, the ugly ass appearance. I just put a brand new home on my property
trying to keep the neighborhood alive and well. You know, I just don't understand from the city point of view what takes so long. >> Granted, people come and go, but there's got to be a case file where all this
stuff is sitting for somebody like this gentleman to go back through to figure out what actually transpired. Now, we just you just read it out loud, >> right? >> You once said that needed to be fixed. Nothing ever got done.
>> Now, granted, she's done a lot of work over place. Looks really nice. Mhm. >> But pool leaks, still got huge holes in the plaster, which is on this paper, on his paper. So, somebody needs to tell me when the
hell is everything going to get fixed. >> Okay. >> And you know what? I'm going to Here's what I'm going to say. This is just smoking mirrors, lipstick on a pig, what she's doing. So, you seem like a really nice guy. So, what I want to do, I want
to invite you to my house. And I want you to come in the middle of July because shit's going to fall off because nobody's going to care. Nobody's going to come around and I want you to see what I live next door. >> Okay. >> Okay. That's what I got to say.
>> I appreciate the invitation, sir. I think normally don't do sight inspections. I usually rely on the evidence present at the hearing, but I appreciate the >> What she's doing is is great. I mean, she's cleaning it up. I even offered to help her cuz she doesn't live around you. I said, "I'll mow it for you if you need, >> but
>> that's it's a very neighborly and kind thing." >> Lisa, I have a problem with why does it take so long? >> You know, it that doesn't that part of it to me doesn't make any sense at all. >> All right. >> Really doesn't, sir. >> Okay. >> Okay. >> I appreciate that very much.
>> You presented this in 23. It's 26 now. >> That's right. >> I just like to see something happen. >> Okay. >> Is what I would like to see. Thank you. appre appreciate your testimony. Is there anyone else from the community before we hear from from Miss Taylor
who'd like to testify? >> Okay, Miss Taylor. Um, >> sure. And and feel free to take take some time to get yourself situated. >> I brought some visual aids. >> Okay. >> How much I've done to clear the pool. >> Okay. Okay. I would also and and and if you would just if you wouldn't mind just
introducing yourself for the record and with your address >> and and and do you and >> Justin Road. >> Okay. 111 Justinir. And do do you live in Missouri or >> Maryland? >> In Maryland. I'm sorry. Begin with an M. What is your address in Maryland? So we have
>> retired now. So I live part in Florida, part in Maryland. >> Okay. What What is your address in Maryland? So we have that. >> 933 >> Ellenale Drive. >> Okay. Talson 21286.
>> Okay. 2128. 21286. >> Yes. >> Okay. Thank you so much. Okay. >> Okay. Um I worked really hard as soon as I'd like first off I'd like to thank Mr. Coats because he's put up with a lot of
emails from me and he searched me out because he saw the um notifications not being seen on the door. >> Mhm. I have other properties in Cape Canaveral that I come to and I just did
not see that notice on just a mirror on the door. >> Okay. >> So, I was not seeing it. So, I'd like to thank him for searching me out >> and um since the second I heard I
started the wheels in progress. Um the gentleman that lives farther down at 121 just a mirror road has helped me do the lawn for a couple years. And so I don't
understand why he didn't he had heard that I had been a caregiver since August 13th of 2024 when my fiance suffered an AVM which is like a brain a severe brain
bleed. He's had his skull removed. He has now a shunt that was installed at John's Hopkins. >> I'm sorry. um since August when of >> August 13th of 2024. >> Okay.
>> He was pretty much hospitalized. >> And this and I'm sorry and and the relationship again, this was a >> fiance. >> This is your fiance. Okay. >> Yeah. >> Okay. >> And so I'm his sole caregiver. Spent the night for a month in the stroke
rehabilitation center in Jacksonville. that the brain bleed happened in Bradenton, Florida. Then we traveled to um Jacksonville at Brooks Rehabilitation
Center, which is specializes in strokes. And that's when the hurricane Helen hit and wiped out his home in Manatee County. So a month after his brain bleed that
happened basically a month month and 10 days. So we've really have gone through a lot. >> Okay. >> So that being said, that's why I haven't taken care of the property. But I'm I
wasn't uh I'm a little shocked that the man down the road didn't mention, hey, do you you want me to do your grass? Can I you know, I pay him. I have records of Zel on my phone. I did, that's one thing I didn't make pictures of.
He actually just helped me through this trip. So >> So is your testimony that you've been paying him on zel for grass cutting services that he was not performing? >> No, no, no, not at all. But I'm just like, why didn't he tell me before it looked like that? Hey Lisa, do you want
me to cut your lawn like he has in the past? He had a sun sunny side lawn care or something like >> something around that name. >> So he's a professional lawn or yard care person. Okay.
>> Mhm. So anyway, but since Mr. Coach searched me out, I got the wheels going. I had called uh that gentleman that lives down the street. I said, "Hey, can you get up there and cut?" He did it like that day >> and I paid him $300.
>> Is that the the usual going price to >> I don't know. He just said it was really high and I needed it done cuz I I don't intend to make trouble. >> Okay. So, it was $300 because it was so overgrown that was going to require a lot of extra effort.
>> Since then, when I got into town, I been really working every day like Mr. Hill said. >> Okay. Um, I have pictures of the pool. It's been worked on by two different companies. >> Okay.
>> First Aid Pool Care and Pinch a Penny. >> Okay. >> Wait. First A Pool Care. >> First Aid. >> First Aid Pool Care. >> Yeah. >> Okay. >> And I have receipts that I've paid their fees and >> Okay. Um, anything that you would like
to present, I can I can accept into evidence. I would like to present the note from pinch a penny stating that a service technician has been out there and said the pool filter is working properly and it doesn't leak and it
doesn't like it doesn't say that but it the pool doesn't lose an ounce of water. I am familiar with pools. I have a pool in Maryland that I keep back to the microphone. So you're so you're recording. So, this is this is a a letter dated January 26, 2026
uh from TJ Hearnen of Pinchup Penney stating that a service technician and the assistant store manager were at property on Monday, January 26, which would be yesterday, and have inspected equipment, confirmed it is operational, and the water is circulating normally.
Okay, we'll accept that as respondence respondence exhibit one. Would you like to present anything else in the evidence? >> Well, just so you know, I'm not uh I
didn't I was in town and working and um my fiance um called me and wasn't feeling well. And that's when I left after coming here to work January 11. But this was us and this was what I dealt
with. Okay. Would you would you like me to include these? Okay. So, >> so these are photographs of Lisa and her fiance and uh the condition of the fiance after after suffering the stroke.
So, we'll accept that as respondence exhibit two. Okay. >> I'd like to um show the pictures, but Mr. Cooks had really good pictures, but it was horrible. my dad left a mess and
I had tenants that were leaving their stuff and um so here's some pictures of the improvements and I want to show you a clear pool
>> and and may I ask these photos of of the yard as >> to show you and and what was the date what's the date of these >> oh like a couple days ago Okay. Okay. >> And this was taken on the 20th.
>> I'm I'm saying this for a reason. >> Okay. May May I May I take this? This is a >> Here's what the pinch a penny guy. He said, >> "All right, let me let me just explain for the for the record what I'm looking at." So, first and I'm going to make
everything a composite exhibit um uh two for the respondent. Uh this will also include photos showing the s looks like the the the is that the front or back? >> Front. >> That's a front. That's a side. >> Yep. >> And this is one of the buildings.
>> And this is also the front showing showing the yard um appropriately mowed. And then we have a photograph of from pitch a penny. >> Yeah. >> Showing the condition of the pool. So do you want
>> that's after it had been treated by both companies and everything. >> So I had a visitor that I didn't want to cancel cuz it's my best friend from California. I left for three or four days. uh dropped her off at Tampa TPA and
drove to Cape Canaveral and I made it here on Wednesday night. Thursday morning the pool looked like this all the way. >> Okay. So, I'm looking at I'm looking I'm
looking at pictures of of a cloudy pool. It looks >> actually those are well yeah I guess that so you could see how clear it was. It actually looked worse than that. >> And what's what is the date of these? >> I can I need to look at my phone.
>> Is is this Sure. >> I'm sorry. >> Sure. >> I don't know if I put They might be in here because I >> Okay. I just wanted to show the also the this is what I live next to. So he might live
next to me, but I live next to that. >> Um >> just this is another this is not your property. >> No. >> Okay. I'm going to exclude that as irrelevant. >> Okay. But this is um
just messages from that first aid pool, what they've done and the dates. >> Okay, let me um >> I know it's a lot, but I just wanted to make sure you saw it all. >> All right, that they've been really working. >> All right, so when it says Friday, is
this referring to last Friday? one I wanted you to see especially because that was like the picture Pinch of Penny sent me. >> And then two days later when I got there on the 20th or 22nd, whatever. So that was the 20th
and I got there on the 22nd. Yeah, this one here. I'm so sorry. This picture here shows the pool on the 20th. This is what the pool looked like on the 22nd,
which as a pool owner, I think is highly strange that it went from nice and clear to that. So, I just wanted to point that out because I'm really working hard, spending a lot of money with companies
and chemicals. I brought a few examples. >> Okay. again, if you could make sure you're speaking into a microphone. But but while you're going back to the podium, um there's a message here from First Aid Pool Company from Friday at
2:31 p.m. um saying keep keeping keeping it running 24 to 48 hours. If you're able to clean filter, this will help to clear faster as well. We will clean it again on Sunday. We're on our way. There was a message on Sunday.
There was a uh some shock system green to blue uh that was purchased. There was um there was a text message from First Aid Pool. They added 12 cups of shock, two
gallons of acid. They cleaned the filter. Had to heavily treat the pool with more shock. chlorine reading in the pool upon arrival was zero and the pool was greener than before. There's a picture here of looks like a very dirty and and cloudy pool. Uh the
steps appear to be very dirty. Water's very very cloudy. That's on January 10th. Um January 9th. Good morning. This is Samantha with First Aid Pool Care. We are down a staff member today and are running a little behind. would would it be okay if we visited tomorrow morning
to meet with you? And then then the respondent responded, "If at all possible, if you could come and take a quick look, I was planning going back to my home, which is in Bradenton for the weekend. I take care of my fiance. It suffered a brain aneurysm. I've already left him alone for 5 days. I'm really
sorry. If you can make it be great." Um, >> and that's why I showed you the picture of >> If you could talk into the microphone, please. That's why I presented that picture of Charles in the hospital on January 11. >> I understand. Um, do you have a um,
sorry for the delay? Do you have a time frame for tomorrow? Someone will be there. Please confirm we are still on the books. 8 to 10 a.m. tomorrow. Confirm your email address. Success was a charge for $100 to first aid pool
care. Excuse [clears throat] me. And then uh um I put three bags of shock running the filter. It is slowly getting brighter. Got their Thursday morning. It looked like this. So it went from clear and bright to to
cloudy again. Okay. So I I think I think that's what it says. I'll take all that into evidence. Anything else you'd like me to to consider? You have some >> Yeah, I just I've just wanted to show you that I've spent a lot of money off of my own chemicals, much less what
pinch a penny and the other >> company are doing. And just because it was like a little odd that it went from clear to cloudy, I have surveillance and I just wanted to show that I did that, too.
And >> uh Penny added the super water clarifier. I mean, we really have done everything that we can and intend on doing. >> Okay. >> If I do rent it, I mean, if I That is
the goal is rent it now with a pool. The the woman from that filed that first complaint owed me thousands of dollars. >> Okay. And I guess that was her way of getting back
at me for asking her to leave. >> She wanted to keep renting the place even. >> So are is your testimony that the person who who Excuse me. Let me let me just finish. Is your testimony that Paige Walsh was a tenant of yours? So your own tenant >> Yes.
>> um complained to the city about the condition of the pool. Okay. >> All right. Um, also I don't know if it's relevant or not, but Mr. Hill is a very nice man. Has offered to buy
the house again. He said he offered before and he's offered again. >> Okay. Well, that's that's I I'll take that for whatever evidentary value there is. And I don't think there's a whole lot there. I think I think Mr. Hill has >> as much as work as I've done this, I
keep getting trash in the yard. Okay. >> So I responsibility as such. It's your responsibility wall. It's a big wall and you know >> Okay. >> I'm not doing the red solo cup. So that
is that is about all I have. >> Okay. Is there anything >> I the main thing was to show you that we're ongoing with pinch a penny to correct everything. But things take time. Like those tiles. I have about six loose tiles and I'm looking to match
those because I actually think they look very nice and most of it is there. >> How much time do you need to get the tiles installed and fixed? >> Oh, um the one company said there's a a company called Love Tile that has
vintage tiles. I haven't stopped to check that out because I've been trying to get the yard as good as I could possibly. So, you don't have a time frame for tile installation? >> I haven't I haven't asked yet. I mean, I haven't seen if they have that. If not,
then I'll have to select something else. >> As far as the pool, they want it the filter to clear it out. So, they they have to like keep the pressure of the pool. It's very different than back home in Maryland when I drain it and, you know, paint it myself and do it all. I
have pictures of that if you'd like to see it. But in Florida, you have to keep the pressure or it'll pop up and crack or something. >> So like because the water table is so high. So, it is a a major process to do
the repairs to the concrete and it it it's I you know, we tried to get it as fast as we could and we're still dealing with the fog in there and the I mean, it's clear, but it's foggy. So,
>> so it sounds it sounds like like this pool needs a lot of attention, a lot of professional attention because it is susceptible to going from clear to to to cloudy, which which we don't want. You're ordered not to allow it to to go to that state. And so, it's just going
to be a continuing. And I think all of us who who've owned pools at one time or another know it's a it it is a constant maintenance um item, you know, for for any house here in Florida, frankly. >> Right. >> Okay. >> Well, it it just needs to go through
that final like replaster and everything. It doesn't lose water. The filter works, which I was so happy. >> Okay. I've been here uh looking at it for like this month except for those four days that I went back and it it's it is
holding the water. Um Pinch and Penny explained when it gets colder at night it evaporates. So if there if it does look low to Mr. Hill like I'm not sure how Mr. hillsaw under the cover to see all of that. But
um I covered it to and Mr. Robinson said I could not rent the house without with the pool covered. So I haven't gotten income on that house in two years >> because I've been, you know, with Charles in the hospital. I never tried
to rent it. I didn't want to go against what I was told. >> Okay. Um there there are some is there anything else anything further any any anything you have down there is not going to be considered evidence unless I have it here as part of the city. So if
there's anything you want me to have >> okay >> true to green and I mean they put the chemicals this is the only one they left behind. >> Okay. All right. So just just for the record she's she's showing a a bottle that was used for chemical application. some of the shock boxes.
>> And I would just like to ask if I could have like an extension because we are actively I [clears throat] mean I went to pinch a penny today to get that letter in person because you know they were out and they promised to email me and I didn't get an email.
>> Okay. >> So I went there right >> for you. >> All right. Um because you you made certain um allegations about Mr. Hill, I'm going to let Mr. He'll come back up if he wants to and and address anything if if he would like
>> and any anything you want to respond to, you're welcome to. >> Uh I don't know. Was did you think I threw the solo cup at you? >> No. Oh, I mean >> I was saying things appear in that yard that >> Well, okay. >> The wind blows. We're on a single lane road. The wind, if you walk to the
Banana River, which is five houses down from me and her, the wind gets whipping. >> It never occurred to me that you threw the the cup at your yard. Don't don't >> I do have a couple red solo cups, but that's what I use to feed my birds every day at I mean, that's really all I mean, >> like I said earlier, I think what she's
doing it >> is applicable. I I I think it's great. I mean, because I live next door, >> okay? >> You know, and I just like I said earlier, I don't know what took so long. >> Okay. >> You know, I got it. I got it. >> I mean, if she's saying that it's a lawn guy's fault, I I don't agree with that,
but whatever. But like I said earlier, I I prom I as I told her, if you need it mowed, I I get my mower out. >> I mowed 21 times in 6 months. She mowed how many? >> Okay. >> Zero. >> Well, >> okay. So, that's that's it. >> Well, it's kind of you to offer. Okay.
Anything? Okay. >> All right. Any anyone anyone else have anything to to to have? If you would if you just state your name and address for the record, please. >> Uh, yes. John Mayberry. I'm the deputy director for parks and recreation uh for the city. Used to be uh code enforcement
officer. >> I remember you well, Mr. Mayberry. >> A few years since I've been up here with you. >> That's right, >> Mr. Hill. Um, I started these cases approximately 5 years ago on this property. And as he said, as time has gone by, there have
been extended periods where maintenance wasn't done and no one was doing anything about it from his perspective. Yeah. So he he contacted me still thinking I was in code enforcement. >> Um [clears throat] and over the last year or so, I've been trying to
>> help navigate help him navigate through the system and what was going on. So it basically all comes back to your uh order from 2023. And I've heard Miss Taylor's testimony tonight about her fiance and always sorry to hear about
anyone having bad luck that way. Uh we all do. That's life. But uh those things don't preclude us from being able to carry out our responsibilities. And when we are a property owner, especially in a neighborhood, uh we're not only dealing with our personal space, we're affecting
the space of Yeah. >> our neighbors. And um as I said, I I've worked these cases or multiple cases that we've done on this property and others. And um the pattern has been to
address whatever the problem was when it was bought here before the board or before the magistrate and then it just kind of falls back to the wayside and it doesn't get addressed again. And again, u as she stated, I believe I heard
correctly, that her fiance, uh major issue was in August of 2024, right? >> Your order was in August of 2023. So there's a year period there that she had been instructed to
>> take care of and I I your specific language is in here. I could look it up, but >> No, I I I know what I wrote. I repeat it again there. >> So that's it. Just Mr. Hill would like this put to bed. He's understands about repeat violators and if you could explain that this evening so he
understands from your perspective. Um would appreciate it. >> All right. Thank you, Mr. Mayor. Mayberry, nice to see you. >> Okay. Um officer Coats, uh anything the city would like to add? >> No sir. Well, I just want to go back to my my uh PowerPoint presentation and I
do indic indicate that u this is a health and safety concern and I I do want to see it get corrected. Um >> yeah, >> this is the first time I've brought this case to you involving Miss Taylor and I do want to achieve compliance of this
issue because I understand that the pool how it gets. >> Yeah. Do you do you have um any sense how long would it take to get these tiles and the plaster fixed? You know, she she hires someone in the next week. >> You would have to drain the pool. You have to get a professional come out
there and take care of it. I've got a pool right now on Ridgewood Avenue. He's been doing that for weeks. So, I don't know how long exactly it would take, but I'm willing to >> I I want to give her a reasonable amount of time to get the get the tiles done,
the the plaster done. Um I just don't know what that reasonable time if is it 60 days, is it 45 days? >> I would give 60 days. >> Okay. >> And be this put this to like Mr. uh Mayberry said, let's put this to bed,
but I want compliance on this issue. Okay. >> And I can show you what the what the city's recommendation is, but >> Yes, please. >> 60 days. >> So, six 60 days on on the plaster and
tiles. >> So, I can read you my recommendation. >> Sure. >> As it was before, >> let's do that. Based on the testimony and evidence submitted at this hearing, given the seriousness of the hazardous conditions observed, staff respectfully request
that the magistrate find the respondent in violation as set forth in the notice of violation. Due to the significant safety, health, and welfare concerns associated with a deteriorated and hazardous pool conditions, staff further requests that the special magistrate
impose a fine of $250 for the first day of non-compliance and $250 for each day thereafter until compliance is confirmed by the code enforcement officer. Staff also requests that all costs associated with enforcement of this violation be imposed and that the respondent be
ordered to correct the violation immediately due to its impact on public safety, health, and welfare. Now, you just said 60 days. We can table this until then or >> No, I'm not going to table it. I'm going to I'm going to enter an order saying
that these items need to be >> Okay. >> um corrected within 60 days. >> This is the city's recommendation. >> Okay. All right. And I and and I agree that this is a significant health and safety um concern. We have mosquitoes that we've
heard about the frogs, about the the the odors. Um no one wants that uh next door to them. Um I'm sure Mr. T what what Mr. uh what uh we heard from Mr. Hill? Um that
I I certainly wouldn't want to be living next to that. Um, I'm sure Miss Taylor really um wouldn't either if if she was residing there. Uh, we we we need to get this taken care of once and for all. I mean I mean I I think I think Miss Taylor, I think
you're fortunate that officer Coats may not have been aware of the prior order because he could have made this a Massie hearing and I could be imposing fines on you tonight. Um, so >> all right. So, so, so, so you're getting a second chance here, uh, to to to
really get this taken care of here. And I I appreciate the the um struggle it can be to to to maintain a pool. I maintained a pool my myself um some years ago and and you it's something you
got to keep working at and have someone and I I appreciate that you have professionals working at it. uh a pinch a penny or or or the other company, whoever you're using now or both in combination, uh to to get this taken care of. So, I think I think you've
you've taken some some meaningful steps to to get this under control and they're going to have to keep working at it. Um the the yard, that's just an ongoing responsibility. Um, and you you know
it's a it's an issue now and and you have to really monitor this and make sure that the neighbor whoever's taking care of this is you know continues to do so. And certainly if you're not if you're not paying the person to mow then then you know it's not being mowed. So,
um, so I'm going to I'm going to find that the um that the city um served all the notices of the violation served the notice of hearing
all in compliance with the city code and with Florida statutes. I'm going to find that there is a has been a violation of um section 34-94 B and C of of the city code. Uh B requiring
good community parents. Um also um section 34-96 A and B which also requires good appearance in the city including lawns
uh which the code says require periodic attention finding a violation of 34 4-97 that premises must be free of hazards. Um, and there there were violations of
the of that as far as we had the the overgrown yard and the and the weeds and the obnoxious growth which which was present. I I acknowledge that that was has been cured as of now, but I'm finding that there were in the past violations
of that. Um related to that a violation of 34-122 which uh prohibits public nuisances of weeds and dead vegetation. We saw plenty of evidence of that. Also I'm going to find that was also a past a past
violation. And so when I find that it's a past violation, that means if it repeats, then then the uh a fine for repeat violation could be $500 a day per violation instead of $250.
Uh so that that's um something to keep in back of your mind to really be on that be on on that guy to keep that yard looking good. And that was actually very kind of of your neighbor also to offer to help out.
um as angry as he is about the the the conditions, he still um has offered to assist you. And I I think that that's a very neighborly thing to do. Um there are provisions of the International Property Maintenance Code that that are in violation
known as the IPMC. Section 82-221 is where the city adopted the IPMC and its code. Section 302 requires that exterior property and premises be maintained in a clean, safe and sanitary condition and that swimming pools and section 303
303.1 pools swimming pool shall be maintained in a clean and sanitary condition and in good repair. So, we need to make sure that you're in compliance with all these provisions. I'm going to uh give you 60 days. Especially you need
to get on the pool tiles and the plaster right away because I don't know what the the lag time will be by the time you have someone come out and and uh by the time they can get get the work done. So move on it move on it quickly. And so I
would say that if in 60 days that uh we have continuing violations of of any of these provisions that uh that the city will will give you due notice and uh you will again have an opportunity to come and testify before me and that if I find there are continuing violations, I will
accept the the the city's recommendation of fines of up to $250 per day per violation. Um and um [clears throat] the um and I'm going to
if it comes to that and and given that I did do a prior order in this um I I would have the right to do to issue fines up to $500 per day per violation. So it's really serious. You don't you don't want that hanging over your property as a lean. Um get it get it all
taken care of. um anything any property that is not homestead can be foreclosed upon. That's another parade of horribles that you you do not want to be dealing with. So, I'll I'll go ahead and uh enter an order along those lines by the end of the week. And uh just appreciate your your
attention. I appreciate um all the evidence that that that you gave and I'll be giving this over to the city clerk and she'll enter it into into the record officially. >> All right. Thank you very much, Miss Taylor. You're free to go. >> You are. Thank you, ma'am.
All right. All right. All right. The uh the next the next item of business is a Massie hearing case number 24-208 alleges violations of uh section 105 which requires building
permits. Section 110.1 which requires inspections based on those permits. And this is another one of those cases that I believe I'll be familiar with. So you can go ahead and proceed. Officer codes. >> Yes, sir. This case number 24-208
Diane D. Bateson Living Trust. Address 8801 Sea Shell Lane Legal Sea Shell Kaitton Town Homes Lot One. Parcel ID number 24-37-14-31- Star-1.
Violations for work without a permit. Florida building code. Fence installed without a permit. Section 105-1- permits required. Section 110-1- inspections. Magistrate orders. I'm just going to
reiterate this for the court, your honor. Magistrate orders were 41 2025 set certified by via United State Postal Service USPS. On May 14th, 2025, the respondent personally retrieved the orders from the
United States Postal Service, USPS. Notice of non-compliance, Massie hearing on December 2nd, 2025, sent certified mail. On 129, 2025, certified mail returned undeliverable.
On 122 2025, posted property in accordance with Florida statute 16212. notices along with required posting at city hall. >> Okay, >> this is a picture of the property >> and and just to remind me where is the fence that's init is the sixoot fence.
>> Well, the red line is almost on the fence on the the harbor drive site lane site. >> I've got pictures of that also, Mr. G. >> Okay. And then and then the fence in the if you go back just one one photo then
then the major road on the left. Just remind me what road is that. >> Okay, that's uh North Atlantic Avenue, the main two >> two-lane road right there. >> Okay, now now it's coming back. Okay, thank you. Okay. Now on 10:224,
staff presented this case to you and determined that the property was in violation and gave the respondent until November 22nd, 2024 to either remove the installed 5-ft fence, reduce the fence height to 4 feet, ensuring there are no
unsafe edges, or submit a complete variance application to the city, including payment of all required fees for approval of a fence exceeding forfeeding height. On November 20th, 2024, Miss Baiton submitted the various application along
with the required fee to city hall. On December 18th, 2024, the variance application was viewed by the community economics director, Brian Sultt, Rihanna Sult, excuse me. On December 23, 2024, following the review,
Miss Bateson was informed that the variance application is incomplete as it lacked the fence location and distance from the property lines. She was advised that a completed variance application needed to be resubmitted before it can be considered for inclusion on the
agenda for the January council meeting. >> So, what was just remind me what was what was missing in the applica? It was the survey that was missing. >> Yes, sir. On February 12th, 2025, I informed Miss Bateson that the variance application
was still incomplete. It must be finalized and submitted no later than February 25th, 2025. >> So, just go back. I missed the last date. It was February. >> One more slide. Go back if you want. >> February 25.
>> February 1225. >> Yes, sir. >> And so, so you spoke to Miss Ms. Bates. Okay. All right. On March 25, 2025, this case was presented due to the response failure to comply with the magistrate's order dated
October 25, 2024. Pursuant to that order, funds were imposed at the rate of $100 for the first day and $50 for each day thereafter. The occurren of fines will stay until June 24, 2025 on the condition that the respondant completes
the variance application as ordered and the city subsequently grants the variance, then the special magic shall issue an order of dismissal of this code enforcement case. However, if the respondant completes her variance application, but the city
does not grant the variance by June 24, 2025, then fine shall begin to acrue as of June 24th, 2025. >> Okay. >> On July, >> I I do I do recall this and and so um
Miss Bateson did not understand what was missing that it was that survey that that that was missing from the application. And so I was giving her an opportunity to to get the application complete and get this and get this through the system so it could at least be considered for a
variance. Okay. >> Yes. >> And then I assume the variance while we're here is the variance was not was not granted. Correct. >> I'm getting to that. >> Okay. >> On July 17th, 2025, the var variance application was completed and the city of Cape Canaveral Board of Adjustment
conducted a hearing thereafter. Following deliberation, the board voted to deny the variance application based on the respondents failure to meet the required criteria under section 110-27 section B of the Cape Canaveral Code of Ordinances.
>> All right. And do we we call that board the board of adjustment? >> Sir, is is the proper name of the board the board of adjustment? >> Yes. >> Is that right? Thank you. As a result of this decision, the existing fence remains in violation of city code and the associated code enforcement case
number 24-208 remains active. On July 25, 2025, a formal letter of denial was sent to the property owner, Miss Diane Bates. On December 2nd, 2025, notice of violation, notice of hearing sent to the
respondent by a certified mail. Property was posted on December 2nd, 2025. service and posting completed in accordance with Florida statute 162.12. >> So So the property was posted on 122 and then notice of hearing notice of
violation were they received or or not? >> No, sir. Post the property. >> Okay. So So they were returned undelivered. >> Yes, sir. and the property was posted uh pretty I think the same day [snorts] >> and then and then there was a follow-up
email on 122 >> on January 22nd 2026 an email was sent to the respondent and advised of the non-compliance messy hearing scheduled for January 27th 2026 at 6 p.m. >> Okay. And here we are. Okay. >> Here we are.
>> All right. >> Uh here's a picture of the fence. >> Okay. And that's on 10324. Okay. >> That is o. Yes, sir. >> And just to orient me, go back. And so is that sea shell? The the the road the
street that we're looking at? >> The flag is is sea shell. >> I'm sorry. The flag is >> not that driveway. >> That's a driveway. >> Okay. >> Okay. >> In front. Okay. >> So sea shells off to where? Off to the right or where is sea shell? All
right. >> The other side of the flag. >> Okay. Okay. >> And there's 60. >> Okay. So, it's a so it's a 5ft fence. Okay. We have that established. >> All right. Property representative. >> Okay. So, now that now that was from 10
October 3rd. Do you and do you have any more recent photo or is that >> I did not I was out there today. Okay. I did not take a photo, but there's no change. >> Okay. Okay. Uh, is there Bateson or any anyone wanting to uh testify?
>> Who whoever for for the trust who would like to testify? >> Okay, we'll we'll have to do that then. So, why don't you go ahead and get yourself situated there? And I'm going to need to swear you in. I was I was told you to not >> I think you can you you feel pretty familiar with what we're talking about,
right? >> Yes. Yes, ma'am. I need you to be sworn in because you were not here when I swore people in earlier. Would you please raise your right hand? Do you do you swear that the testimony you're about to give shall be the truth, the whole truth? Let's help you God. >> Absolutely. Yes. >> Thank you very much, ma'am. Would you
please identify yourself with your name and address? Uh Diane Bateson, 8801 Sea Shell Lane, and that's Cape Canaveral, Florida 32920. >> Okay. Thank you, Miss Bateson. >> Okay,
so what I want to start out with is saying that um I have done everything that the city has asked me to do. >> I disagree with that. >> Okay, just a moment. >> Go ahead. They
last time when you and I met I was here >> I was asked to um bring in a survey within a six week period of time. >> Correct. >> I went back and the following two or three days went by and I called the gentleman that was a salesman for
the fence company to ask him for the survey. >> He brought it over. He wrote exactly where the fence was on it. Um the next day I got a call from a gentleman by the name of Connor Ford from the city here. >> Okay.
>> Asking me to um if I would please measure um my fence from the fence to the sidewalk and from the fence to the curb on sea shell. And I said,
>> "So fence to sidewalk and and and and fence to >> the curb >> to curb." >> Okay. >> And so I I said, "Well," and then he said, "Can you do it while I hang on?" I said, "Sure." >> So I went in, got a me measuring tape,
and I'm I'm thinking I'm measuring the fence, but whatever. So I measured it like just like he asked. Okay. Then he asked me to measure on the side of harbor or coral going out right there. Harbor and coral, they're two different like a
UI. And so I did that as well on the side um from the corner and to the curb as well there. And then I said, "Connor, is this are we okay?" And he said, "Yeah, this is all we need." And I said, "Do you want me to bring the survey to you?" He said, "That
would be great." >> Okay. Okay. >> So, I took it up to the city that day and I never heard another word for 2 months. >> Okay. >> And then all of a sudden, I get a um pamphlet that's stuck to my gate, which I've asked them not to do cuz I
got to get the stuff off to get the glue off the new fence and saying that we have another hearing coming up, which was I think it was with yourself at that point. Um >> No, I've not I've not had a hearing. No, no, no. Next one was the um the board of
>> adjust adjustment. The board of adjustment >> and those guys does don't didn't even know hadn't seen my property. Didn't know anything. And they all just went, "No, no, no, no." And I'm like, I didn't feel that was fair at all. >> Did you appeal it? >> I'm sorry.
>> Did you Did you appeal the decision of the board of adjustment? >> No, they just said no. They didn't I couldn't didn't ask they didn't tell me I could appeal it. >> Okay. Well, um, didn't didn't you receive a a letter advising you that that the uh the turn me down
>> the variance had been denied and and you [music] had rights to appeal? >> No, sir. I did not. >> Okay. Well, I'm looking at in the in the agenda packet July 25th, 2025, a letter to you, board of adjustment variance denial.
So, um, the letter confir This letter confirms that the city of Cape Canaveral Board of Adjustment considered your >> letter from them. Yes, I did get a letter from them. >> Okay. It says says you're that the variance request um um your >> but that never >> you requested a variance to retain
existing 5ft tall aluminum fence installed without a permit located within 25 ft of a public rideway where the city code limits fence height to a maximum of 4 feet. Um, and then following a review of the city report, I'm sorry, staff report supporting documentation testimony presented at the
hearing, the board of adjustment voted to deny the variance application based upon failure to meet the required criteria under section 110-27B of the Cape Canaveral Code of Ordinances. As a result of this decision, the existing fence remains in violation of the city code. Please be advised that the code
enforcement case related to this matter, case 24-208, remains active. The fines and penalties imposed by the special magistrate may resume as outlined in the previous special magistrate orders. Any person agreved by final decision rendered by the board of adjustment is given the
opportunity to appeal the decision to the city council by filing a notice of appeal with the city manager within 10 cal calendar days of the board's decision pursuant to the procedures set forth in section 110-33 of the code. Failure of any grief party to timely
file an appeal shall be deemed a waiver of that party's right. um for city council and judicial review. So, do you recall that letter? >> I do now that you're reading it. Yes. >> Okay. All right. Okay. So, I did. Okay. So, then from that um they denied me and
then that was I got the letter and then that was pretty much it. And then said he got [clears throat] a new manager >> and so I called to introduce myself to him and Keith came out to the property. He said he'd love to come out. He might be more than happy to meet with me. Okay. and he did and he walked the
property and um his comments were how far does this go up to the road? I said it comes all the way back up here to the sidewalk. It's actually my whole that I have two complete roads in my I own I mean the
whole thing for whatever own means >> um >> from Atlantic to sea shell >> all the way sir. >> Uhhuh. And so, um, the problem with this whole thing is that if I could have would have
could have put a 4ft fence up, I don't even want a fence. I'm a country girl and I don't even want a fence. But to put a 4ft fence up makes absolutely no sense at all. As the 4ft fence that's around my pool doesn't work. So, I'm
putting the 5- foot around the front to go, >> but but the code says you cannot and my order said you cannot. So, and and the board of adjustment said you cannot. So, you have multiple. So, so when you said that you've done everything the city asked you to do. You have not. >> Well, except Well,
>> you've not you've not removed the 5ft fence replace with a 4ft fence. That's what the code requires you to do. >> Okay. I don't want I can't it's for my safety and my liability. I can't have it. It connects to my pool. >> You said you don't want a fence. You're a country girl. >> I don't, but I have to have one. I have a pool.
>> Well, then get a 4ft fence. >> It doesn't work. I'd have people coming over to >> I had a 4ft fence. It works fine. >> You're not across the street from a bar. You're not across the street. You know, we've got the largest cruise terminal in the world. Now, >> I don't know anyone who can who can leap
a 4ft fence like use a ladder or something to get over. >> That pool is 8 ft below the road. So, I'm standing here. My pool is way down there. You can walk over the fence. >> Okay. >> You can't It's not I can't get liability
insurance with my insurance company without paying an arm and a leg because of the 4ft fence and where it's located. >> Well, you have to have the pool enclosed. We We know that >> it's not in Yes, but not with something that's not working. >> Okay. Well,
>> and I have something else here, please. >> Okay. Um, >> ma'am, do do you understand? I I do I've told you this before. I do not have jurisdiction to grant a waiver from the code. That's why I gave you time to to to finish your Let me finish, ma'am. To
to finish your application, go in front of the the variance board and then and then you could have pursued it to the city council that you which you did not do even after getting that letter. So, I'm I'm stuck here. >> There was any any other option to be honest with you. Everybody's harassing me for two years. This has been going
on. >> Uh well, [laughter] because you're in violation of the code. >> They kept No, I mean, >> well, you are. How are you not in violation of the code? >> I paid a variance and they denied me. Where's my money back? >> I know you don't get your money back.
That's That's an application fee. >> Oh, what? Really? The application fee for the pool was 325. And when I asked the city about it, they said, "Oh, it was because of CO." >> That's the answer they gave Okay. >> No, come on, guys. I mean, >> okay. Well, I'm not guys. I'm the special magistrate. >> Excuse me. I mean, I just It's like I
don't understand. I'm like I'm being That's for my security living there. I'm a single woman living there on the corner. And if you knew what was going to what goes on there all at all hours of the night, I've got this from yesterday from Harbor Heights new the um
neighborhood watch. Alert to Harbor Heights neighborhood. suspicious male creeping around on Harbor Drive at 236 last night after having been seen on coral two nights ago. >> Did he jump over your fence? >> I'm sorry. >> Did he jump over your fence? >> No, he didn't. >> Okay.
>> He can't jump over a 5ft fence >> or a 4ft fence. >> He can't see it. You can't even see the 4ft fence. It's behind all the shrubs, all the trees. >> Okay. >> He did not try. There's another one two nights ago. >> What does he look like? There's lots of creepy men around here. Okay. He wears
this that and the other blah blah blah. This guy stole solar lights out of my yard. >> This is constant going on. >> Do you have a do you have a security system? >> This This is This was two nights ago. >> Okay. Was that a coyote? >> Bobcat. >> Oh, Bobcat. Okay. >> I had a coyote in my backyard. The
police came and there's a report on that. >> Okay. So So that's they can jump over a 5ft fence. >> It wasn't the five foot. It went right over the 4 foot. >> Okay. They >> So you saw the you saw the the uh the bobcat and the coyote jump over the four foot fence. >> Pardon?
>> You saw you saw them jump over the four foot. >> I was in the backyard when [clears throat] it happened. >> Okay. Okay. >> With with my daughter's little puppy and I grabbed the puppy and we ran in the back. I was like >> Thank goodness. Thank goodness. >> No, it was it woke me up. I'll tell you that. >> I'm sure it did. >> But I did get the survey like you asked
me to and I submitted it and I [clears throat] like I said, I didn't hear anything and I thought everything was fine. >> Yeah. Well, it it's not fine because you're denied the variance. And my my order was very clear that you had to have a 4-foot fence in accordance with the code. Otherwise, the f I I already I
already said that fines were being imposed on this property according to a certain date in June of whatever whenever that was. And so, >> okay, let me ask you something. This is a a black aluminum fence you can see through. There's no obstruction. And that's part of the code. You have to be
able to see through it. It doesn't touch anybody else's property, just mine. >> Mhm. >> Okay. And a variance should be a variance to that's what it's for. >> Yeah. But I don't variances. I'm not I don't have jurisdiction to do that. And you already went through that process.
You did not appeal it. So now and now you're stuck with with you need to have a 4ft fence on your property. >> The the code of adjustment doesn't even exist anymore. >> Okay. So >> well that that was that it apparently existed at the time that you made the
application and they they held a hearing you were given due process. You had a hearing. Did you attend the hearing? >> I wasn't any when I when it came back around. They they've been gone now for a few >> Did you attend the hearing? >> Four months. I attended the the board of adjustment hearing. >> Okay. And they said no. Okay.
I I I cannot do their job and or or grant relief that they hypothetically could grant. My job is, are you in compliance with the code or not? And if if you're not, then I need to impose fines. >> Okay, here's a um I did my own homework
on this and it says >> in most residential districts. Okay, residential including R2, R3, and townhouse fences and walls are generally limited to six feet in height in side and rear yards.
Now, I don't have a backyard. I just have two sideyards. Ordinance 9207 20117 chapter 110 >> specific provisions in the fencing regulations. >> Are are you are you looking at the city of Cape Canaveral code?
>> The code >> the code of the city is what you're referring me to. Okay. >> Notwithstanding the standard 6ft limit in the R. Okay. That's standard 6ft limit in the R2, R3, and townhouse districts, which mine is a town home on
nonconforming corner lots of record, which mine is. I sit, like I said, 8 ft below the road on Atlantic and 2T below the road on Harbor. So when someone's standing there on the sidewalk such as myself and the
fence is there a 4ft fence it's not 4 foot it's not 3 ft okay or two >> but that but that 4ft fence is where where all the shrubbery is correct so someone would have to go through all the shrubbery and over the fence >> no it's open on part on it >> okay I've got pictures again I I I
emailed them to you at one point >> it says okay >> I have all the a bunch of pictures from >> from from the first goound on All right. R2 R3 townhouse districts are non-conforming corner lots of record. Fences and walls may be up to a higher
height. Um the ordinance text indicates on allowance be beyond the normal limit commonly interpreted as up to 8 feet or similar in Florida codes likely 8 feet based on context of corner lot visibility adjustments.
>> So what are you reading from? You're talking about Florida codes. Our our our city code doesn't >> chapter 10. The city of code ordinances. >> Chapter 10 or chapter 110. >> Chapter 110. >> Chapter 110 >> of the of the Cape Canaveral city code. Okay.
>> Let me let me let me let me pull up Munich code. So I'm looking at the same thing you are. >> Non-conforming lots section 110566 in the city of Cape Canaveral code and of ordinances. fencing and wall regulations
in certain zoning districts or context particularly related to height placement and allowances in residential areas R3 townhouse districts or non-conforming lots which is what I have. The builder never filled that in. He should have filled that all the way in.
>> Are you saying your lot your your lot is non-conforming because you have a town home in in a single family district? Why how is it non-conforming? Well, because what's the zoning property to what they're wanting here? I mean, it doesn't work.
>> Well, non-conforming >> a normal 4 foot fence is not going to work. >> Let's talk about do do we does anyone in the city know what the zoning is on this property? It appears to cover provisions for fences, walls up to six feet in uh in
height in rear or side yards with specific exemptions or allowances on non-conforming corner lots, which I have may extend higher or be placed differently under certain conditions. >> Okay, >> that's >> So, your testimony is that that you are in compliance with this provision of of
the code that you're you're referring to. >> Yes, sir. >> Okay. So, I need to see what exactly you're referring to. I'm going to try to open up. [sighs] So, this is chapter 110. >> This I've got it, you know, >> height limits. Residential fences are
commonly limited to 6 feet in height. >> 110 >> with the Florida building code allowance. >> Chapter 110. That's a zoning code. And what what section are you reading from? Uh, this is >> 566
section 110 566. >> 566. Let me get there. Okay. This is uh 110566 is landscaping and screening between industrial or in between commercial or industrial zoning districts. No >> and residential zoning districts. Are
you adjacent to a commercial or industrial zoning district? >> No, no, no, no. >> So, I don't think that applies. >> I've got it right here. >> Excuse me.
>> Let me bring this to you. Nonforming laws on the town are not a single family. Okay. So, first thing, let's let's talk about section 566. Let me pull it up.
Whenever the boundaries of a commercial or industrial zoning district and a residential zoning district abut, a visual screen shall be provided within the required setbacks of the property which is developing or redeveloping. But I'm finding, [clears throat]
excuse me, that you are not abuing a commercial or industrial zoning district. >> That was that townhouse when I bought it in 2007 was zon commercial and it was commercial up until 3 years ago. Now
it's residential and the city did that. Didn't even ask anybody that owns those units in there to to vote on it or accept that or >> Okay. Well, well, someone someone did vote on it in order for the zoning to change because that's how it works. the city council votes on zoning changes.
So, there was a vote on it if that's the case. >> I wasn't I mean, no, that's I bought it because it was uh commercial because I have a commercial hair business and >> Okay. It's just
>> Well, I'm not I'm not finding I'm not finding this um section 110566 to be applicable and nor do I So if you're rebuting industrial commercial zoning, you can go up to 8 ft is what it
says, but I don't think that that that applies. The other section here, there's a reference here to section 110470. So let me go look at that now. a 470 fences, walls, and hedges. Let me get
there. So, fences and walls may be permitted in any yard except as specified in section 110469. Um, you I'm sure that's inapplicable because you were allowed a fence,
at least the 4ft fence. I don't think you ever got a permit on the 5-ft fence. In any residential district, no fence or wall in any side or rear yard shall be over 6 feet in height or over 4t and or over 4t in height if within 25 ft of any
public rideway unless otherwise specified in this section. exception for nonperforming corner lots R2, R3 and town houses up to six feet. >> The fences are within 15 ft and it is.
>> So, are you a corner lot? >> Yes, I am. >> Okay. >> I mean, I would never put a because it's not safe. I've had so many problems in that backyard. >> Okay. So, if you want to leave me these
and then >> Okay. >> And then I will I will take this under adisement. I'm going to do my my own independent research. >> Okay. Thank you. >> And I'm going to determine what the zoning district is. >> Okay. I'm going to give you all this 469. It's all right here.
And then the gate is not legal. So it has to be 54 children cannot reach it which the new gate has that self selflocking because if you just let it go it'll closes on its own and then the lock to be able to
open it it is way at 5t and no kids can open it to get to the pool. Okay. >> Well, >> I mean, here you are. I just want to give this to you. >> Whatever you want me to consider, I I'll consider it. >> I really do. I really need the the
exception here on this case. >> I I don't give exceptions. But if but if I find that you're not in violation of the code, then I will not impose fines. But if I read this and I and I conclude that you're in violation of the code, then the fines that I previously ordered are going to be in effect.
>> I don't >> that's that's where we are. Okay. Could you go back to the microphone there and we'll we'll continue the conversation. >> Well, I'm I'm actually I'm doing this to make the make it safe not only for myself but for the city. someone goes
over that 4 foot fence from the bar area or from walking around with their suitcases all hours of the night and drowns, it's not going to be on me because I'm trying to keep it safe. >> Okay. Well, I think you're you're you're making arguments to me that should go I'm frustrated. I'm so frustrated with this whole
>> You're making arguments to me that would be given to a legislative body like the city council that they're the ones who come up with these standards and they approve of them. So, I don't have authority to do that. And so, my my
analysis, I will be looking at this code very carefully. I'm going to ask the um I'm going to ask the city to I'm going to do this. I'm going to give everyone one week from today. And I would like uh
an an analysis from each side, from the city and from you um as to why or why the uh the fence is legal or illegal. Okay. >> So, the city is going to say it is illegal. You're going to say it is legal
and I want your best legal argument and I'm going to require that to be emailed uh to to me uh at the close of business. Today is Tuesday, so the close of business in one week. And so the date of that >> the 3.
>> Third. Okay, that's correct. So we'll say by by 5:00 p.m. on February 3rd. And uh do you have something to write down my my email address? >> I have it. >> You have it. Okay. But just for the record, it's it's R. Geller. R-
lfishbacklaw.com. And it's going to be on the recording now. So, you'll be able to if you lost it for any reason. >> Um, or you can you can uh certainly find me uh on on the internet or I'm sure Officer Coats would give it to you. So, I'm going to ask for 5:00 p.m. February
3rd. I want a a memorandum um as to why the six-foot fence is or is not legal or is is or is not um in conformity with the code. And so that's >> I I'm not asking for a sixoot fence
there, sir. I'm asking for the five foot to >> I'm sorry, the five foot fence. I missed >> five foot to remain and then continue on with the sixoot around my pool. And that was in my application. Um that I added that to it on with uh
Anna gave me that direction and I said, "Are you sure you want me to put it on the same one?" And she said, "Yes, that's fine. We can go through it that way." Okay. So that's what I did and here we are. Okay. So, I'm going to I'm going to restate this then. Um, so,
um, so the memorandum would be why a 5-ft fence or sixoot fence is or is not in violation of the code of this of the city of Cape Canaveral code because that that is my >> okay >> that's extent of my jurisdiction. Are you in violation or are you not? And so,
you have an argument that you're not in violation. City says says otherwise. I want to get the arguments in writing and I'm gonna analyze it and I'm gonna do my own >> analysis, too. I appreciate that because I can't see where one one more foot where there's arrows on the top of this
fence where it's all see-through the whole fence. What one foot is going to make a difference, but it does safety wise and it does for my insurance. >> That's that's irrelevant to me. It's is it in violation of the code or not? all the all the safety arguments. That's that's for the city
council to change the code if they wanted to. All right. But I don't have the authority to do that. Okay. Okay. >> That's where I'm at. So either either either it's in violation or it's not. And I'm going to make that determination. >> Who who is um um
So who would we go up and talk to about if there's an appeal to they have no board of adjustments? >> So I am going to issue an order probably. I'm going to I'm going to let both sides um give me their arguments. >> Okay? >> And then uh I I I won't promise by the
end of of of the week of next week, but but within 10 days say I will then issue an order. It will be served on you. Once that order is issued, it's it and it is it goes to Miss Roth. It is considered rendered. At that point, you have 30 days to appeal my decision to the
circuit court of Bvard County, and you can take it up with them. If if I've if I come to the if if I if I decide against you, you can appeal to the to to the circuit court of Bvard County, and you can explain to a circuit court judge why my legal analysis was incorrect.
>> Uh, conversely, if I rule against the city, they can do the same thing. They can also go to the court and and they could have a judge um look at what I did and either agree with me or disagree with me. >> Can can we bring in some photos and have people come and see what I deal with out
there as far as the height of what I'm the the road or the the yard is not a standard >> Okay. I I think we have photos in the record, but I'm going to say by by Tuesday um do you need to see these the photo you
know I'm asking Mr. Coats. Okay. So, um, yes. So, so by, so by 5:00 PM on February 3rd, submit to me your memorandum and include any photos that you want me to consider, and I'll be happy to do that. And, and but again, the photo is
it's not going to affect my legal analysis of whether it's legal or not. >> No, I mean, yeah, it says that I'm not to code, but >> Well, I don't think you are standing here right now, but I'm giving you an opportunity to persuade me otherwise. >> Yeah, I'm st I'm not a standard residential. I'm a town home and it's
different for town homes. That's why I brought that to your attention. >> Okay. >> You allowed [clears throat] to go up to six foot. >> Is is your is is this um um house is it used as a townhouse? >> Yes.
>> Okay. So So do you reside there? And I do. And is there another family that that lives there too? >> Not in my townhouse. No. >> So So is one >> There's four single There's four tone town homes. two enter their front door is across the street from the bar and my front door and this gentleman sitting
back here sits is my next door neighbor his town home is on sand or sea shell >> seashell okay so I have no backyard two >> sideards just so I'm understanding this is your building >> um is it the same building uh that as
Mr. Hills except for you have a a wall that separates >> your unit and his unit >> who's Mr. Hill. >> Was that Was that Bill Hill? The >> previous >> I'm sorry. I got confused. I'm sorry. >> No, that's okay. No, it's Chuck. >> Hello.
>> Back there in the the gentleman sitting. >> Okay. So >> Okay. His sits next to me, but no, I don't see him. It's part of it, but his sits way back from me. So I'm in the front. >> So are they part of the same building? >> They are. >> Okay. Because I live in a town home myself. Okay. So they are.
>> And so you they're like five different >> There's just four >> units in our buildings. They're four in yours. >> Four units. Yeah. Okay. They're um >> you know they're very large units and they're no HOA. >> Okay. >> So, and actually he has a 6oot that
extends out further than mine and that was allowed >> through the city and you can't see through it. It's a white fence and he is very well aware of it. But he his mother lived there at the time that he took care of and she wanted a single fence there. So they the people then Gerald
wasn't on board and that gentleman that day he'll tell you said no just we'll bring it all the way out here and they did. >> Okay. >> So there's a lot of inconsistency in the neighborhood. >> Okay. >> Every h every pool has a sixoot fence around it. >> All right. I'm I'm going to say one more
thing. Um and that is uh you may want to um work with an attorney and and give me this this memorandum >> um and because the city may may have the city attorney give me this memorandum next week. So you know if you I'm sorry I didn't hear that last week. I said
that the city the city may ask the city attorney to prepare the city's memorandum. So you you may want to want to speak to an attorney. >> I have somebody that I would definitely use but it it's ridiculous. It's a it's a 55 You're making a legal argument. So, I'm saying that you may be miserable
with I understand. But if you if anybody would come and see what this is, it's common sense that this this fence you don't. It's behind all the foliage except the wooden part. That's the only part showing and that's the ugly part and that's the one that I'm got to get taken down and put a new one up.
>> All right. All right. >> Is there is there any any other testimony that anyone has to give for this for this case? >> Yes, sir. as opposed to as opposed to Bill Hill's case and I apologize for that. [laughter]
>> But I have both cases very very distinguished in my head now. >> Okay. Sir, if if you would please >> um introduce yourself, give me your your name and your address. >> Hello, your honor. My name is Charles Ferris and I live at 883 Sea Shell Lane,
next door to Diana. >> 8803 Sea Shell. And and how do you spell your last name? >> F A R R I S. >> Thank you, Mr. Ferris. >> Yes, sir. >> You may proceed. >> Yes. Uh Diane's safety is a concern for
me, too. She is my neighbor. She's my friend. >> We've known each other for four years now since I moved down here. And uh we she did state that we're near the cruise ship terminals. And yes, there are a lot of people that go down sightseeing. They get off the ship. They'll go walk to the
beach right down the street right next to her house right on the sidewalk >> on on Atlantic. They they'll come down or where where they come down or they come down Sea Shell. >> They'll come from Atlantic and then go down Harbor to get to Sea Shell. Okay. Sea Shell is actually a really short street. >> Mhm. >> It's called Harbor Drive. And Harbor
goes all the way to the beach. But if you turn on Sea Shell, as you as you're going down and you turn left >> onto Sea Shell, then it turns into Coral Drive. Okay? >> And that also goes all the way to the beach. It's only two blocks. It's in a figure eight. So we do get a lot of people walking. >> Okay.
>> Uh >> so so we get people walking from the cruise ships. >> Yes, sir. >> Okay. And and and and going to the beach. >> Yes. It's it's my opinion that a taller fence is a good deterrent to people with bad intentions.
>> Nothing will stop everybody. You know, somebody wants, they're getting in. But as a deterrent, yes, I I agree that me personally, I can jump a 4ft fence. I'm not going to try to jump a 5ft or 6ft fence. And the way >> you can seriously jump a 4ft fence.
>> Yeah. If I have leverage, I Yeah, if I have leverage, I can jump like this. >> It has arrows on the top. >> Okay. >> Yeah, I can because I have something to grab on to and hold on. Yeah, that's >> okay. >> I am physically active. I was a professional athlete, too. So, >> Okay. What did you do when you were a professional athlete?
>> I played baseball. >> Okay. All right. >> And then I coached a lot of different sports, um, boxing included, but baseball, basketball, football, >> girls sports as well. >> Okay. >> The fence is open and see through. Diane
keeps her yard nicely landscaped. There's no problem with that. >> Anybody that's driving can see through the fence. So, if there's oncoming traffic or or opposing traffic, it's easy to see. >> Right. I I recall in my initial order I pointed that out that there were no um
it was it was there was nothing wrong aesthetically with the fence. It was not obstructing any any uh sight lines. Um I I recall acknowledging that. So yes. >> Yes. >> Um I'm I'm curious because I wonder who
turned Diane in. >> I don't know if that I I think we have to tell code enforcement who we are if we're going to turn somebody in. Nobody has ever said to me that. >> Okay. >> Okay.
>> Okay. I'm just I'm just wondering that is that is that true that people have to identify themselves >> because I've seen it on your on the sign outside. >> Okay. Yeah. This this this started years ago. I don't I don't know who who who who uh raised a complaint or it was all
out and obvious and in the open and uh the city code enforcement officer and and officer Mayberry was here earlier may have just observed it from going around the city. This is open and obvious. There was a fence that was installed without a permit. You need to have a permit to install a fence. There
was none in this case. So that's that would be something a diligent >> code enforcement officer would just observe. Oh, here's a fence. Oh, there is no permit here. That's a problem. >> Yeah, I understand that. I was just curious. >> That that's likely what happened. I
don't I don't know for sure. >> Yeah. Well, that video screen said that the fees were paid. So, I imagine the permit fees were a part of that, >> but >> there were there there there was there was a fee paid for a variance application. There was no fee paid for a
permit. There was no no permit uh paid or or uh given for for a non-conforming fence. >> It said fees plural. So I just I'm just curious because I am a neighbor. I am a friend. And uh that's what I saw on the
TV. But um I guess that's all you know we can look at it again if it if it really needs to be >> there. There there there there was no permit issued. Okay. So, >> Right. No, I understand. >> There was no permit application. [laughter]
>> But it it's um I'm also curious is the uh city >> side. Let me back up. If there was a permanent application, it would have been for a non-conforming fence and it would would not have been approved. So, I I don't I don't recall that that specific fact. So, okay. That that may be that may be what what you're
recalling and may may maybe the the city would be able to shed some light on that. I don't know. >> Yeah. >> Okay. And I was wondering if the city sidewalk is on Diane's property because when I walk around there um it it really curves around and >> I don't know. It's not it's not my I'm
I'm here to adjudicate code >> to get to city council. These are city council questions I'm asking. >> Sure. >> Okay. Maybe I can go to a meeting then one day. >> Sure. And and and y'all can advocate for sixoot fences here and that's up to the city council to change the code. Those are the pe those are the people who have
the authority to change the code. I do not. >> Yes, sir. Yeah, I understand that from other things you've said the whole night long. So, >> but uh the height seems to be the only concern. So, maybe this is something I can take to city council or Diane or anybody else that you know Cape
Canaveral, the city of Cape Canaveral is over 60 years old now. Maybe some things just need updated and >> that's up to the city council to to to make that determination. You can you can certainly, you know, petition your your local government. in the first amendment
>> to the constitution. So >> I would I would look into that myself. >> Okay. >> Because I live in the same place and you know I don't want to have issues because you know we have a ton of peacocks here. >> People [snorts] love peacocks and they come in our yards to feed them. They
come in our yards to take photos. [clears throat] >> And it's not just the four units that we have >> but we also I mean it's everywhere everybody's whole yards. So, we do have that issue and I don't want to get rid of the birds either. >> Okay. >> But, um,
you know, Diane's a nice lady. She's a good neighbor and I sincerely hope this issue is resolved once and for all. >> U, if there's anything I can do to help Diane with, I hope you can I hope she asks me or somebody can direct her to ask me. >> Okay. Anything else? Is there anyone
else uh here to give testimony this evening? >> Okay. Um, yes, sir. And if you'd please introduce yourself and give me your give me your name and address. >> Michael Smith, 208 Coral Drive. I'm four
lots just east of uh Miss Bass >> 208 Coral Drive. >> 208 Coral Drive. Okay. >> Been there 32 years. >> Okay. >> This is probably not the first exception that's ever been addressed on this property. I was there when the property was a vacant lot.
>> Mhm. It went from residential, it went to commercial, it went back to residential, and then it went to commercial on that end again, and it ended up belonging to a past council member, and there was a lot of exceptions made in order to put four con
four town houses on that lot. >> Okay. >> Well, it happened. Harbor Heights has been a great place to live, but over the years now you like they said, you got the cruise ships, you got people staying here in the area now that that didn't do didn't before.
>> We got a lot of traffic in Harbor Heights, people trying to find a shorter cut to the beach. >> We got wild animals running around. That's >> we heard about the peacocks. >> Yeah. Besides our people across the road, we got the bar. And if you're standing at >> and and the bobcat and and >> if you're standing at the bar on North
Atlantic and looking across into her backyard, you could see right into the backyard if it wasn't for the foliage. >> I'm not a fan of a fence whether it's a 4ft or a 10ft. >> But in this case where it's at right on that corner and part of that sidewalk, I think if I remember right, part of that
sidewalk is on her property. >> Okay. >> So there's what people walking by. >> That's that's an irrelevant issue for me. I mean, my my this case tonight is is the fence in violation or not. That's the simple question. >> Okay. >> Okay.
>> You know, she could take up if there's some encroachment of the sidewalk. That's that's not my that's not my issue tonight. Okay. >> Okay. Well, just just so that everybody knows that that property has been a thorn in the side of Harbor Heights forever. And I'd hope they'd bring it to an end tonight by fixing her fence so
that people couldn't jump in her backyard and do something about the sidewalk maybe to get it off of her property. Might that might help. >> Okay. Thank you. >> Thank you, sir. Um any anything um any final comments
from the city before we wrap this up? >> Well, I was going to give the staff recommendation, Mr. together. But I I guess I'll hold off on >> Well, I I'd say I I mean, I think I it flashed up there for a second. I mean, my I mean I mean, here's what I'm going to Either it's in violation or it's not
in violation one way or the other. I'm going to I'm going to get I'm going to get um the the respondents uh memorandum. I'm going to get the city's memorandum. Um and then, you know, is it an is you know, is does it meet this this exception or or not? And and um The
fact of the matter is, Mr. Geller, you were given an order to this person and she's just >> right. But but but my order could have been mistaken if if if I if under the code she's entitled to a five or six foot fence. And so that's what I'm going
to make a do this additional analysis and we're going to we're going to get that uh that I will adjudicate that issue once and for all. and and so if so if if she's in violation then my former
order applies and it was uh the fines were and I don't have in front of me what the fines were at the time >> were $100 for the first day and $50 there every day after >> okay so 100 plus $50 um you know per day and I think and and
that was and that that was going to begin acrewing June something >> June 24th >> June 24th Okay. So that's what I'm inclined to um to that you know then so if there's a
violation prior order is in effect and these fines are acrewing and unless you have a different recommendation. >> No sir that's fine. >> Yeah >> that's fine. And then and then and then and then if then then if for some reason I I I I agree with with the respondent that that that there that her uh her
property is allowed this fence then then I'll I'll vacate the old order. >> For the record right now she is zoned R1. >> Okay. >> And and another thing I want to address this young the bearded man. Uh >> and R1 is a single family district,
right? It's not a town home district. Is that right? >> Yes, sir. >> Okay. All right. Yeah, that's all. >> All right. Well, I'm going to I'm going to give everyone the opportunity to to give me their their legal argument and then I then um hopefully within 10 days of next Tuesday, 5:00 Tuesday, February
3rd, I just want everyone's memoranda emailed to me at rgellerfishbachlaw.com and then we'll I'll make a determination. >> All right. >> All right. Is there any further business tonight? >> No, sir. >> Thank you all very much for coming. I appreciate appreciate it very much. >> Thank you, Mr. Gil.
>> All right.