##VIDEO ID:fFPaZN4FNhw## good afternoon this is the October 30th 2024 special magistrate hearing um and I'm going to of the Jacksonville meach special magistrate Hearing in accordance with Florida Statutes chapter 162 in the city of Jacksonville Beach code 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 and evidence both the city and the property owner may call witnesses to provide scorn testimony relevant to the case this is a quasi judicial hearing not a public forum individuals not called as forign witnesses will not be heard thank you very much um first on the agenda is case number 24224 um Stanley are Sanford Enterprises Inc and Champion Cycle Inc we'll start with Miss beever and if you would miss please do you swear or affirm that the testimony about to give this matter is the truth the whole truth and nothing but the truth to help out I please St your name and position Nikki Weaver city of Jacksonville Beach code enforcement officer okay thank you very much good afternoon um yes we will start with um case number 24224 this is for St R sfer Enterprises Incorporated and Champion cycling Incorporated located at 1303 North Third Street um this is in reference to outdoor display of merchandise um as listed the Cod ordinances um section 34 342 BC and d and section 34- 3116 um exhibit a shows what the previous violations were um of the merchandise the at the cycling shop showing bike rentals um bikes that were also for sale being um stored outside and these were just all old pictures as you can see um the last picture which was taken today shows that the property owners have come into compliance in the bicycles that have been removed and stored inside uh thank you very much do you have a recommendation at this time yes my recommendation would be to for the property owners to remain in Appliance and to close the case today okay um is anyone else here to speak to um this Stanley R sford Enterprises and Champion Cycle Inc case number 24-24 if you would uh please state your name and allow Phil foran and Brian quier and please raise your right hands do you swear or affirm that the testimony you're about to give in this matter is it truth the whole truth and nothing but the truth to help you go yes yes please State your address could you repeat the question please see your address 1303 north3r Street Jacksonville Beach Florida 3222 55 excuse me uh 13584 Drive Jacksonville Florida 322 25 thank you excuse me are you asking for my personal address or the property address in question the property address this okay thank you you may proceed whoever wants to speak first okay so in the original hearing um she had documentation as beers of us having the our window bikes and repairs out from the 15th where we actually have photographic documentation where we've had it out since 2009 and I can show you that documentation so we've been doing this since 2009 so for what is that 15 years now there's been no enforcement of the law so I'm still trying to understand why for this amount of time we've actually been doing for close to 35 years since we've opened our business there and we do employ a number of people and this is greatly affecting our our livelihood here as well as our um our sales and our shop with the rentals and the repairs which could lead to us lead laying off employees this is something that again we have been allowed to do this now for over 15 years and it's I just don't understand how it's now going to be enforced upon us and you kind of reate what Phil's saying you know uh number one you know this Beaver with the photos of our rental bikes and repair bikes customers bikes you know this is going to affect my small business to to the tone tune of about $50,000 a year we were forced to sell our rental bikes because we cannot store them inside during you know operating hours of course we bring them in after we close but again I had to sell all my rental bikes and again that's a huge chunk of you know trying to sa in business um and um you know being a bike shop owner for you know working there for over 35 years you know when a consumer comes in to bring in a repair like a car you know n out of 10 times you got to come back in two or three days to get your get your bike or your car or you know um initially you know 6 eight months ago we did have a couple of retail bikes out front and once she notified that we couldn't do that we didn't put retail stuff outside those are all repair bikes the orange and the silver bikes were my rental Fleet the rest of those bikes are consumers products that we are repairing the tags on the product the customer's property is their information you know their name number address you know and so she might M took that as retail sales that is not a that is a consumer repair blik so okay well um I think I have to stay in my colum you know as the special magistrate um I I cannot tell you that enforcement is now um more active in this area U of outside sales and of merchandise but I can tell you that U since I've been the special magistrate uh there have been several cases brought Code Enforcement cases brought for the same um violation uh on the same same ground um aside from that and beyond that that I certainly understand your uh plight as a small business um but neither Miss fever nor I are in a position to change the law and and that's actually to respond to your concerns would take a change to the code so what would that it's not my column I I do know judges often will say in their cases and their decisions that you know it's not for the judge to to um wish away a a provision in in a code we we are we the Speers and I are uh and staff are to uphold the law as it's written what your um concern is is really goes to should this be a a prohibited use and in order for um that that issue is really a city commission issue and and you know it may be that's something we have to Pur it may be that that is something that you want to consider and beyond that I can't really speak to it you so in the code the two codes that apparently we violated in that code does it specifically say retail products on display the way that this Land Development code and many Land Development codes are written is that it's only the that are identified specifically that are the permitted uses when the provision that Miss was put up on the screen the second one the 34- 3116 this is called the exclusivity provision that exclusivity provision states that only the uses that are expressly identified and listed are the that are permitted anything else is a violation so it's not that there's a whole list of things that are prohibited the way that the code is written is that only the things that are specifically listed are those that are permitted if it's not listed it's not allowed so in those codes it states that we cannot have rental bicycles in the parking lot in repairs in effect that's exactly what the code says so now I'd like to move to miss Bieber's recommendation she finds you in compliance and she's recommending that the um that the case be closed um you know there has been a violation and it will add the um she's also recommended that the order say you need to stay in compliance um so with that um I don't have any do you have anything else that you would like to add why is it taking 15 years I mean why why why are we having this essential right taken away from us because we have given us this right for this amount of time and now this right has been taken away from us in my opinion even though you have this code written no one from Jacksonville Beach has enforced this code since we opened that business we opened that business in the mid 80s I think that that conversation is as I said neither Miss bavers nor I can respond to that I believe that that's an appropriate conversation to have that is a conversation I will have with my elected official because this this is this is this is wrong to allow us to operate this way for this amount of years and all of a sudden now it's a problem this is wrong and it is going to greatly affect us financially it is going to require me to lay off employees which are Jack's Beach residents everyone that works there lives here at the beach so this enforcement is going to make me fire somebody and that and that again those are the kinds of things that my experience are very important to elected officials so I think that your concerns um you know are are certainly uh relevant and valid and I do think that um your elected officials would be the right venue for you to pursue your concerns thank you thank you I appreciate both of you being here today um M do you have anything else you I have nothing well I will write um an order of saying that you're in compliance based upon the evidence that Miss B um produced and her testimony and um that that it will also say that you need to stay in compliance so thank you very much okay move on to to the next on agenda B case number 2362 ACA Investments LLC we are at Fort 12 North 7 Street this is in regards to a building permit not being obtained for an accessory structure um as you can see there is a conx container on the right hand side that was built for an outdoor seating area um this has been an ongoing um case as you can see once the property owner was cited and notified of where the container could be moved to he did obtain the proper permits and begin the process of moving the container um started with the foundation here this was the container again again but the container has been moved to the appropriate location um Mr middle BR is in compliance um he just had his framing um inspection on October 1st and the only thing left for him to do is to get his final inspection but he is in compliance not sure why that picture got deleted no that is where it's moved to I'm looking at it the wrong way that is where it's moved to yeah I have a couple questions in um I believe back in June at the June hearing um that I understood that that the um all the building permits had been obtained uh for the sh container but that the additional time was needed to obtain the final certificate of completion are you um and that as a result we um I ordered that he must obtain the final inspection and certificate of completion from the city uh by September 30th which was the date that the building permit expired um are you saying that we don't have a final inspection we do not so when I did speak with the building inspectors it has been an ongoing process so like I said the last um inspection was on October 1st for the framing but they did specify that everything is in compliance I can let Mr Middlebrook speak a little bit more in regards to when the final inspection will be scheduled okay um you you're not aware when that's going to occur as far as the no the building inspectors did not have that information at this time and I spoke with them today in regards to where they were on the completion of the project um okay so they don't know going to happen no it's going to be up to Mr M Brooks to notify them okay and schedule the inspection okay thank you is Mr M here please Chris middle Brooks do you swear or affirm that a testimony about to give this matter is the TR the whole TR and nothing but the truth to help you go I do please take your address uh 10121 Street North Jacksonville Beach uh 32250 um so I have two questions one about the final inspection certificate of completion and then the second question I have which I probably should have asked Miss beavers about this also was that um uh in regards to the uh papers so maybe you can speak to both of those the papers were F well at the time we did not know whether or not to exceed so I need to have testimony in regards to that okay hi hi um so everything is in compliance um the uh lck coverage survey has already been completed once the shipping container was moved on to this lab it shows is that I'm within all of my setbacks uh and my allowed L coverage was 35% I'm at I think 34.1% so the only thing pending on this entire case is the final building inspection um the reason and my interpretation of our our last meeting was that it needed to be closed out before the uh building permit expires um the way that the building department here does it with the building permit is um you're required to get an inspection uh for that expiration date every time you get an inspection you pass that inspection it extends out the uh um the the permit cancellation date uh termination date the only thing that I'm i' I've passed every inspection the only thing uh that is left pending to get a final inspection is um bracket that are to secure the shipping container to that slab so 100% of the construction is done I just need brackets to secure it to those the slab it just so happens that they have to be custom fabricated brackets and so we're just waiting for the brackets um when do have you ordered the brackets uh well we just got the quot for the brackets uh I think it could have it was it might have been yesterday but it was after 5:00 um which were an astronomically High um price I called the uh engineer uh that did the engineering that I used to get the permit this morning to see if there were any other options along the way we've had to do modifications cuz it's a shipping container it's not a straightforward kind of construction building process so he's worked with us the whole way um as we've run into Construction issues and needed to revise the engineering because he's never engineered a shipping container before either um so I'm just waiting for him to call me back and as soon as we decide either I have to bite the bullet and pay the $3,500 brackets or he will revise the plans and I will use the revised brackets um if it's a revised bracket thing as soon as I order them and get them if it's usually something that's like not a Custom Fabrication a few weeks tops um if I order the if I have to use the brackets uh the custom fabricated brackets I think that's about a 3- we process here so I would think one month we should have one way or the other a closed out building permit because the bracket is the the only thing that's left to to finalize that well um in light of the fact that you have been making progress each time that you come before there has been progress I'm not prepared to close out the case I won't do that until there actually is the final inspection and the certificate of completion issue to be you know consistent with my prior um orders so but in light of the fact that you are continuing to in good faith to make progress um I certainly take that as as a you know that you're making progress and uh so what I'm going to do is um I'm going to basically um I believe that we have a hearing set our next hearing is set for December 4th um would it be possible to add this item to that as just a basically if I gave Mr Middlebrook um until December 4th to get that would it be possible to add that to the agenda next yes it is possible um based upon what he just stated in regards to the ones he the brackets he can get in 3 weeks or the ones that's going to be custom made um do you think even the custom made would be by December December 4th or January do January we can do January uh January would be more comfortable because it's kind of that part of the toe of my hand so order it's just that it's a custom thing so I'd be at their Mercy um yes I understand that do you know the date of the January it be January 22nd January 22nd is that miss is that acceptable to that is Mr okay yes okay so we will um I'll basically issue a similar order um I'll take out the fact about the um papers since based upon the evidence or the testimony I should say um you both have said that that is in compliance so I'll remove that U provision in the order and just U basically provide that you have until January 22nd of 2025 uh to obtain the final inspection completion so thank you very much for being here today thank you all right that concludes everything I have today than okay that everything thank you very much thank you