Uh good afternoon. Uh this is uh uh January 28th, 2026 uh special magistrate hearings. Um and we have just a couple of items on the agenda. I'll ask the clerk to read the
announcements, please. The purpose and function of the Jacksonville Beach special magistrate hearing in accordance with Florida statutes chapter 162 and the city of Jacksonville Beach code of ordinances is to reach an equitable expedition to
enforce the codes. The city presents the violation and evidence to the special magistrate. Next, the property owner is sworn in and responds to the violation um and evidence. Both the city and the property owner may call witness uh witnesses to provide sworn testimony
relevant to the case. This is a quasi judicial hearing, not a public forum. Individuals not called as sworn witnesses will not be heard. >> Thank you. Um, we'll start with if it's acceptable
to you, Miss Beavers, we'll start uh with item one and ask the clerk to please swear you in. >> Your honor, um, can we start up under new business? Um, since the property owner is here for under new business, go
ahead and do that one and then we'll go back to old business. >> That's fine with me. Please raise your right hand. State your name and position. >> Nikki Beavers Walker, City of Jacksonville Beach Code Enforcement. >> Do you swear affirm that the testimony you're about to give in this matter is
the truth, the whole truth, and nothing but the truth. So help you God. >> I do. >> Thank you. >> All right. You're we're going to start again with case number 25380. Property owner Annie Creek Dial. Um,
this is located at 524 North 18th Avenue, Jacksonville Beach. The property was initially cited for nuisance. Let me get to it was for overgrowth, trash, and debris and
harborage of rats, mice, snakes, and vermin. As you can see in this photo, back in July, the property was initially inspected. I received a code um enforcement complaint
in regards to the overgrowth. Um this was the initial inspection. As you can see the overgrowth, the vehicle that's in the driveway, that vehicle was also tagged as a inoper inoperable vehicle. The vehicle was
removed. Um, but in front of it there was other trash and debris. Um, I sent several violation notices to the property. um did not get any response from um the property owner. Um
>> do you know, excuse me, do you know whether I noticed that you sent um you know that you're certified uh mailing? >> Yeah, they all came back. >> They all came back. >> They all came back >> um
as being uh what >> um they were um claimed. So, on January 22nd, on this date right here, I received a call from Jacksonville Beach Police Department stating that um there
was a foul odor coming from the property and that they were doing a inspection, >> a welfare check. >> Yes. And when they got there, nobody was present in the home, but they also asked me if I wanted to come and take a look
at the condition of the inside of the property. As you can see in this is exhibit D that shows the outside of the property. Um, the carport area,
the trash and debris. This was the condition of the inside of the property. While I was there, one of the property owner son Brandon um Dial was present. I spoke with him. He was
>> okay. >> He was unaware of the conditions of the house. Um the v the notice of hearing that I had posted at the property was still outside on the ground. So I did
give him a copy of that. um he gave me a address of where all the violation notices or any other notices could now be sent because his mother no longer lives at this property. So that kind of explains why the
certified letters were being unclaimed. Could you tell me why uh the certified letters were addressed to property owner and tenant as opposed to what the um what the property appraiser and your um they were also
>> business they were also um addressed to the property owner. I have copies of those as well but when there's no >> I'm sorry I don't have those. Okay. >> At least the notice of hearing anyway.
>> I have the July. >> Yeah. So, this was the January one. Okay. So, was there a reason you sent it twice? >> So, go. Okay. >> So, normally what I do, I will send the
um notice of hearing and violation notices to the address of the property owner that's listed on the tax appraisers website. Then I will also send a notice to the actual property of where the violation exists. If the
property owner has a different address, that's when it's addresses property owner or tenant because I don't know who lives there. >> Okay. I've just never seen I've never seen the ones to the property owners and >> Yeah. I >> Is that a new new
>> No, it's always So, the one that was sent to the property owner was sent to 1700 the greenway and those were the ones that were returned. I'm not understanding what you're asking. >> I'm not following you at all.
>> Okay. The tax appraiser website has the property owner with a different address than where the violation of the actual property is. >> So that's where you're supposed to send them. >> I send them to
>> whatever the property appraiser >> I send them to both. >> Okay. >> I sent them to both. I sent them >> and I don't have those. >> Okay. That's what I was just showing you. I This is the copy that was sent to the property owner at 1700 Greensway,
but she does not live there anymore. So, all of the letters were returned. >> What about the ones to 1700 Greensway? Were they also returned? >> That's where that's these all the 1700 Greensway. They were all returned.
>> So, where where does Miss Dial live now? um after I met with her son Brandon, he can come up and speak and give you the address. He gave me the address on the 22nd of where she lives now. So,
but I just got that address on January 22nd. So when you went to when you went to the home at the at the invitation of the police? >> Yes. >> Did they determine the source of the foul o o o o o o o o o o o o o o o o o o o o o od odor.
>> Yes. Um there were several cats located in excuse me inside the home and the odor was coming from the the >> deceased deceased or >> No, they were live cats. But no one was living there. >> Nobody was there. No.
>> And then after I met her son, he also confirmed that his brother had previously been living there, but currently now lives with the mother at the new address. >> Okay. Another son, a different son. >> Yes.
>> Okay. So why don't you tell me about Jan a little bit more about January 22nd and >> Okay. So on January 22nd um again like I stated uh oh Michaela what did I do? So, on January 22nd, um when I got
there, like I said, the police called me and told me that it was clear that um no persons were found there, but if I wanted to come and take a look at the condition of the property that they would be there and that the um one of
the sons was on his way. So, when I got there, um Brandon was there. I met him. Um he gave me a little history. >> What was his name? >> Brandon. Okay, that's I just wanted to make sure that's what >> Okay. And he kind of gave me a history
of what's going on with the property. Um he was unaware that it had gotten to this extent. Um when he came to bring his mother back home from being in the hospital um a
year ago, it wasn't habitable. It was >> it was not habitable. So he found her other housing >> and was that on the greens way? >> Um originally he would have to I believe
so he would have to clarify that. >> Okay. And what else? >> Um I you know made him aware of the violations. He got a copy of the notice of hearing that was posted there at the
property and I um explained to him that there would be a hearing um today at 2:00 and as you can see he did come um so that he can get more information on bringing the property into compliance.
>> Have you talked to him about his plan? >> Yes. He's um requesting 90 days and to bring the property into compliance but in also in hopes of selling the property in regards to the 90 days. Um, is your
recommendation to give him the whole 90 days or do you want to inspect it and at some period in between the 90 days? >> I did um advise him that if it gets done prior to the 90 days to just let me know
that way I can come reinspect the property and if it is brought into compliance prior to the 90-day expiration date that I could then um come back and close the case. Okay. Um,
is there anyone else who wishes to speak to this matter? >> Are you here also for the same property? >> Okay. >> Okay. For the record, you'll need to uh give your name and address and be sworn in. >> Certainly.
>> Please raise your right hand. State your name and address. that he was proud to die at 704 Bowie Boulevard in Orange Park. >> Do you swear or affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth to help you got? >> Yes.
>> Thank you. >> Thank you for being here. >> Thank Thank you. That I'm just glad Nikki made me aware. So, just tell me what uh how you'd like to proceed and um what your plans are.
>> Yeah. Um I listed I have a short list of companies to contact about uh rectifying the front yard of the house as well as the debris and uh determine if they are appro appropriate to handle the inside. Uh because you know that's a bit more
severe. Um, I'm not certain if any company will proceed with the cats. So, >> can you speak up or get the microphone closer to >> I'm sorry. Is this better? >> Okay. Thanks. >> Um, do you need me to repeat the whole thing or how much? >> No, just Okay. >> Um, yeah. So, you know, whoever I I get
to uh handle the front, determine if that's appropriate for the inside. I'm not certain if anyone will proceed with clearing out the inside of the house with the cat still living there. Um, yeah, because they I I don't know if the cats are feral. I didn't know they were there um, you know, living inside the
house. I I didn't know a lot of things until um, last Wednesday or Thursday, rather. Sorry. >> Um, so you're suggest you're you're wanting to do the front yard and clear the debris.
>> Yes. Start. Yes. F first do that. And um >> and you did you say that you've already contacted somebody that can assist you to do that or are you going to do that or how's that going to be accomplished? >> I have a short list of companies that I'm going to be contacting um after once
I get home. >> Okay. And you live here in this area? >> I live in Orange Park. >> Orange Park. >> Okay. I couldn't catch the address when you said it earlier. >> Sorry. >> Um
Okay. Um, and then and then after you did, what about the rear yard? Is there any issue in the rear yard? >> I did not have legal access to view the rear yard. >> Yes. It's overgrown. It's bad. It needs to be
handled. >> Okay. Are you saying then that you would also take care of the rear yard then, too? >> Yes. Okay. And and you need 90 days to complete that. Correct. >> Uh preferably. Yes.
>> Okay. Um I have a question. Don't don't leave. Uh, Miss Beavers, um, under the city's code, do you think that you have authority for requiring them to do anything on the interior of the home?
>> Um, typically we don't do internal um, inspections. It would unless it was a health and safety hazard. Um, being that the house is
vacant, um, I would say no. Is there anything to be done about the cats? >> Um, animal control was there um during the time that I came on the 22nd. Um, so I believe they are working on that, but
they were present. >> Okay. And you think that they are >> understanding they're doing something about the feral count? >> Yes. >> Can you tell me how many we were talking about? >> I did not go inside the home. These pictures were taken just from the front door. >> Okay.
>> But she did state that there were several cats and when she did try to catch them, a lot of them ran off through a back window or up into the attic. >> Okay. Is the Is that when you say she, you
>> control? Okay. So, there is a window that allows them to get to the outside. >> I did not see it because it was in the rear. >> Yeah. >> But before I left with um the officer, I I didn't catch his name. Um we had
opened a window in the kitchen so the animals could >> so they could go outside. >> Yes, that's right. >> Okay. Um what about the order? Um that prompted the police. >> It was from
>> um is that going to continue? >> I hope not. now that I have gotten in contact and met Brandon. So, now that he's working on getting all of this, you know, cleaned up, um, like he stated, he's working, he's looking for companies
that will at least take care of the outside, but in hopes of someone that will also come in and clean out the inside, >> right? Because the odor is going to continue to be an issue if not if that's not >> right, >> somehow dealt with.
>> Okay. Um, >> so before it gets hot in the summer months start, that's why the 90 days I think he should >> be able to, you know, have someone come in within that time frame. >> Mr. Dial, are you saying you want to do
both within the 90 days? >> Yes, I want this done as soon as possible. Um, I've been trying to get my brother out of the house for quite some time so that I could, you know, move forward with >> you. Another brother?
>> No. No. Same. There's just one. And >> no. And what? Just so I can make sure I understand. What is your brother's name? >> Cody. Cody. >> Kobe with a K or C? >> A C. >> Okay.
C O B Y. >> Uh, C O D Y. >> C. Oh, Cody. Okay. >> Um, for the record, um, where is your mom living now? >> Uh, 611 Ponte Lakes Boulevard, unit
3503. Um, I think they call it the coast now. It's the old Remington. >> Okay. And um is your brother Cody also living there? >> To the best of my knowledge, yes.
>> Okay. Um so in in summary, I what I'm hearing the city's recommendation is to accept the um proposal, the 90-day proposal to bring the property into compliance. And
that would include the yard as well as the interior. >> Correct. >> Correct. Yes, that's your record. And um before I close the matter, um
do you have any other questions for me at this time? >> Uh not at this time. No. Okay. >> I think there is someone else here that would like to or speak. >> Right. Okay. Um, and it appears that there's someone else who'd like to speak on this matter.
>> Hi. >> Hi. Please raise your right hand. State your name and address. >> Lauren Cologne, 5321 18th Avenue North. >> Okay. Do you swear or affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth? I hope you got it. >> I do. >> Thank you.
>> That's good. I'm sorry I did not catch your name. Uh, Laura Cologne. I am the neighbor. >> You are >> the neighbor. >> The what? >> A neighbor. I live right next door neighbor >> at Paneavidra Lakes Boulevard or >> No, 18th Avenue North
>> on the the that house that's issue. Yes. >> Okay. And how did is it C R U M? >> It's C O L O M B. >> C O L O M >> B.
>> Col. And your first name? >> Laura. L A U R A. >> And uh you're a neighbor. And what is your uh address? I know you said it, but I couldn't hear it. >> Sure. It's 532 18th Avenue North.
>> Okay. Well, thank you for being here, George. And what what would you like to what would you like for me to know? >> Sure. Um, my biggest concern right now has >> Speak up closer. My biggest concern move closer to you.
>> My biggest concern right now is with the cats that are next door. We've seen a lot of kittens and so the cats are not fixed or spayed and we're concerned about their welfare. >> Okay. Um, I don't know if you could hear
the testimony uh from Miss Beavers, but she stated that animal control that the animal control officer was there. >> Okay. >> And is addressing the issue. Now, I don't
know what that means. Um, and I don't have a um, notice of violation that's before me regarding the animals. >> Okay. >> However, um, it seems to me that there's
no reason that you could not reach out to animal control. >> U, Miss Beavers, do you know which officer may be handling this matter? >> Um, it was Beverly. Um, I would have to get, she's one of the community service
officers. Um, she was just filling in for animal control that day, but I can reach out to her to get a little bit more information on um what actions they're taking. >> Uh, would it be
acceptable for Miss Colom to reach out to I think I remember the two officers. There's Isis and there's David. >> Yeah. Neither one of them were there that day. Beverly is is one of the community service officers.
>> Okay. The the there are two officers that I know of that are actual animal control officers. It's uh u I don't know their last names. >> Yeah. I'm not sure why they weren't there. Um but I know Beverly told me she
was filling in that day. >> Okay. And do you know Beverly's last name? >> Not off the top of my head. I'm sorry. >> Okay. I'm trying to figure out how I I've actually called animal control a couple of times to learn about trapping
and neutering the animals. Um and they can only give us one trap at a time. So, I just didn't know if because they're affiliated with this case if they will take a more aggressive approach to trapping several,
>> especially since we've had a complaint. >> Yeah, she came with three traps that day, but I left. So, I'm not sure if they were able to catch any before, y'all. Okay. Because I know they did say the cats had ran off, but they did come
with three. and they also saw the kittens. >> Okay. >> I do think that because there's been a complaint regarding the odor, >> I think that that makes a big difference on what animal control can do.
>> Okay. and um and they can do take action as opposed to uh waiting or to to giving you a trap and saying go in the yard and see what >> and now that we have a point of contact because like I said this case has been open since July. I did not have an
actual point of contact. >> So now that I have a point of contact now I think things are going to move a little bit better now. So yeah, before all the mail was coming back. So did not have any type of communication with
anybody at the property. >> Okay. >> And and I'm certain that animal control would, you know, welcome anything that you and Mr. Dial who it seems to be taking a proactive
>> approach would try to do uh with regards to the the cats. at a minimum, you know, uh it seems to be be neutered at a minimum >> um would be good for the neighborhood. >> Definitely. And I appreciate
>> and good for the property. >> And I do really appreciate Brenda being here today because he hasn't lived there. >> Well, maybe you guys can connect and, >> you know, and have your own uh ability to communicate. >> Okay.
>> Okay. Um do you have any other questions? Um, no. I I'm okay with the 90 days um in the hopes that things will get cleared up. Um, and then I guess we'll see where we are after that. I do appreciate Brandon's efforts to address
the issue. Um, it will make a big difference in the neighborhood if we can get this cleaned up. >> Thank you so much for coming today. Um, Mr. Dial. >> Yes. >> Um, I'm going to uh
issue an order that provides for 90 days. Um, there will be no fines assessed during the 90-day period. Um in the event that uh the work is not complete, we will hold another hearing
in 90 days. Um and and so you need to be keeping in touch with Miss Beavers. Um and uh we'll come back during the April hearing or
should it be May? So we got February, March. Yeah, I would say the end April hearing. >> Yeah, it would be the April hearing. >> Okay. Do you have that date? >> Can you give us the date for April? Um, it's it's apparent to me that you're
going to need the whole 90 days. >> So, you know, as soon as you can start, I I just, you know, a friendly recommendation, start as soon as you can. appreciate it and understand >> the what?
>> No, for the special magistrate is 4th is the 22nd. >> Yep. >> Yeah. April, April 22nd. >> Okay. >> So, that's what I'll put into my order. >> Okay. >> Will be that we'll have a hearing. Um,
what it will need to say is probably that you'll have the work completed the day before, no later than April 21, so that we can come in on the 22nd and close the matter. Hopefully be able to say that you're in compliance
and the case is closed. Okay. >> Okay. >> Thank you. Thank you for taking care of your mom, your mom's property and and and your family. >> I appreciate that. Thank you.
>> Thank you. Like on the left hand side, you can as well. >> All right. Thank you. >> Okay. Moving to our next property. We're going
to go back to old business. >> Yeah. >> And this is at 1325 Beach Boulevard, Dunkin Donuts. Um, this is a follow-up hearing in regards to a nonconforming
sign. As you can see, um, this is what the sign looked like back in March. I did go by the property today and it remains in violation. I have not heard anything back from the property owner
since our last hearing. >> Um, did just remind me, did they submit an application? >> They did not submit an application. Um only thing that they that we received
the last time was the quote. Um it was not an actual contract. So they have not submitted a sufficient application as of today's date. >> Okay. Um the last order I believe
provided that u they had until January 22nd to confirm that construction is complete. and if not the matter would be scheduled for hearing to set a completion deadline. Um
he also the respondent was also required to pay a fine of $250 per day beginning on October the 23rd of 2025 until completed application is submitted and your testimony that no application has
been submitted. >> Correct. and that um so when I did speak with um someone in the planning department, the property owner did call and was wanting um
specs from when the original sign was constructed. and our office did inform him that we did not have a copy of the specs from when the original sign
>> was was not >> constructed. Yeah. So, >> and that property owner is that the current property owner? >> The current property owner. Yes. >> Okay. And then um and do you have a feel for when that call came in to the
planning department? This was shortly after our last hearing um on this matter >> which was in October. >> Yeah. Because he was pretty upset about the fines and he had been calling
speaking to someone in the planning department in regards to getting the specs from when this sign was originally um constructed. as far as the dimensions and all of that
stuff. And he was informed that he would have to get the engineering whoever whatever company engineering company they would be able to provide him with that when they gave him the quote >> that he provided.
So, um the I believe the next step would be to file a lean. >> So, >> have you cons have you uh considered that at this point?
>> So, once the fines reach $5,000, we'll follow a lean. >> Okay. When do at $250 a day? >> Yeah. Uh it would take a 100 days to get to 2500 about. >> Yeah.
>> And then and it it's probably close to that now. >> Yeah. I haven't did the calculations yet, but um that would be my recommendation once it reaches 5,000. >> Um what the purpose of today's hearing is
to set a completion date. >> Correct. Have you a recommendation for that completion date? Is it >> Well, the completion date was Well, the completion date was supposed to been on the 22nd. >> No, that was for the application. >> For the application. Well,
>> until we get a sufficient application, I can't really ask for a completion date. So, I would still go back to us obtaining a sufficient application being submitted.
Okay. So, the fines would continue until that application has been received. Um I think that then that it uh it is
appropriate to schedule another hearing upon the the hearing date would be the hearing date after an application is submitted. But between now and then, the
fines are going to continue to acrue. If we reach if we reach your threshold, which I wasn't aware that the city had a threshold, is that just a policy? >> We don't. >> Just a kind of operating policy that you don't do the leans until
>> 500. Normally the the city does not um do leans until the case has been closed, but from past experience, I have cases right now that have been going on for years. Um so it would just
be my recommendation that once it reaches 5,000 to just go ahead and um file the lean. >> Okay. What I would two I think it'd be appropriate to put two dates into the order.
>> Um not specific days of the year but uh things that would trigger another hearing. >> Okay. >> One would be if they have um if they do in fact submit an application >> and it needs to be a complete
application. Mhm. >> Um that would trigger you coming back you scheduling for hearing so that we can establish a completion date. >> Okay. Um and then uh the other thing would be if
you do reach the um 5,000 uh I think that it probably would be appropriate to have a hearing so that uh well maybe not. I don't I think that I should have a hearing
that says yes u that uh I would uh my order would say that a lean will be filed the property. >> Okay. So before the lean is filed we
need to come back. >> Yes. I haven't done this before with you. Um I've done it in other cases, other places, other cities, but um I haven't done that with you, but I do think it would be appropriate
>> for um for there to be an order. >> Okay. >> Specifying that uh the lean will the lean that began to acrewue on October whatever >> captain >> October 23rd, 2025.
Um yeah would uh so um you know I I don't know any we don't really have any other tool >> to um uh encourage them.
>> Okay. Um the only other thing that I would wonder is if there's a u at some point if there's a demolition um that would be appropriate, but I'm only >> well the city has an ordinance I think
it expires in 2027 that all non-conforming signs will have to be replaced. So, by the time 2027 comes, if it has not, I'm not sure what the city's um
enforcement will be in regards to those that have not replaced their signs um by the end of that expiration date. But I want to say I believe it said 2027. I would have to confirm with our planning
department the exact date. >> Okay. >> Okay. Um do you have any other questions or >> no >> comments regarding this item? >> No, that's it. Okay. Uh, anything else? Um, our next hearing is
on >> if I have anything. >> If you have anything right >> would be February 25th. Yes. If we have anything. >> If we have anything.
>> Okay. I don't have anything. Madam clerk, do you have anything? Okay. This session of special magistrate hearings is concluded. >> Okay. Thank you.