here. Let me know we're on. It's 1:30 on uh October 21st, 2025. We're going to commence proceedings before the special magistrate for code enforcement for the city of Palatka. By way of introduction, my name is Ron Brown. I'm an attorney licensed in the state of Florida and pursuant to state
statute and city code, I've been appointed by the city commission of the city of Palatka to preside over today's proceedings. This is not a formal court of law. Uh we're not required to follow the formal rules of evidence or the formal rules of civil procedures you might find in the local county or or
circuit courthouse. We are by law required to follow the basic notions of due process and fairness. And to that end, we want to make sure when it's had an opportunity who is a respondent to have an opportunity to be heard, to know about the hearing, to know about the allegations, and an opportunity to ask
questions, and to present any evidence and testimony they may have. One of the other requirements of the law is that all that testimony and evidence must be what we call substantial and competent. That is, evidence that will allow a reasonable person to reach a reasonable
conclusion on the matter at hand. It doesn't require that everyone agree on that conclusion, but it just requires that there be enough that people could reasonably come to some type of final understanding and and believe. The other requirement was substantial incompetence
that all the evidence or excuse me all the testimony must be sworn and to that extent I'm going to ask all those persons who are representing the city who will be testifying today to please stand and take an oath. And Mr. Bertelli, you're the only one. Yes, sir.
>> All right. Do you saw me swear or affirm the testimony you should get today should be the truth, the whole truth, and nothing but the truth? >> Yes, I do. >> And let the record show Harold Bertelli has answered in the affirmative. Uh, we amazingly have one case on the agenda today. I understand that there were others which were resolved prior to the
hearing. I won't surmise as to what motivation that caused that, but good work on your part if there's anything we did to help that situation. Nonetheless, um we have one case that's going to be case 25 202516.
I have the owner of record as being Leonard Battles and the property located at 714 North 14th Street in Palata. Is that correct, Mr. Patelli? >> Yes, sir. >> All right, let me call. Is it Leonard Battles present or anyone representing
Leonard Battles? Seeing and hearing no one, uh, let me just do a brief bit of due process due diligence. Mr. Patelli, did the city attempt to contact the owner by certified mail at
the official address of Breck? >> Yes, sir. >> And what was the result of that attempt? >> Um, nothing in return. No green cards return. >> All right. It looks like there was a notice of hearing that was sent to a Jimmy battles at all.
Is are Leonard and Jimmy both title holders? There seem to be more one as tenants in common. >> Um it says owner Jimmy Battles ETIC. >> All right. So Jimmy Battles is actually the one who's done the official property
appraiser tax collector's records. >> Yes, sir. >> And you've included copy of those official records as a part of the record. >> Yes, sir. >> And the official address on the property appraiser and tax collector's rules is what? >> It's PO Box 1974, Atlanta, Georgia
303101. >> And you sent a certified letter to that address? >> Yes, sir. >> And what response did you get from that letter? Uh, no green card signed or returned. >> Okay. And was the property posted in accordance with state statute? >> Yes, sir. >> And who posted the property? >> Uh, Miss Christy Low.
>> And her affidavit of posting included in the record? >> Yes, your honor. >> The affidavit of posting included in the record? >> Uh, yes, your honor. >> All right. I see it. It shows it was served on uh 9th of October, 3:30 p.m. Posted at
city hall 1:30 p.m. the same day. Is that correct? >> Yes, sir. >> Right. Has anyone at the city had any contact with any member of the Battles family, Jimmy Battles, Leonard Battles, regarding this situation? >> I have not. I am unaware if Miss Low has
spoke to them by via phone or not. I >> The record doesn't have any notations of any meetings and so forth. >> No, sir, your honor. All right. All right. That being said, the appears to be one violation alleged, that of section 94193 of the city code, parking
or storage of unlicensed vehicles in residential zones. Um, and the pertinent section of that code basically says just that. Uh, automobile automotive vehicles or trails of any type without current license plate should not be parked or stored other than in completely enclosed
buildings on any residentially zoned property. What is the zoning of this property? >> Uh, it is zoned R2, sir. >> Right. >> All right. What do you have in the way of support for the violation?
>> Uh, one alpha photo shows the vehicle. >> All right. And just for the record, the photographs you're going to show us, are these photographs photographs you took? >> No, your honor. >> All right. Who took the photo? >> Miss Low. >> All right. Have you visited the property? >> I did. Yes, sir. >> And when's the last time you visited the
property? >> About an hour ago. >> Okay. And and when you visited the property, and you're showing me one alpha as a reference. Uh, did you see the vehicle depicted in that photo on that property at that time? >> Yes, sir. >> Did it look like that photo, >> sir? >> And what is the violation in that photo?
Um 94-193 parking and storage unlicensed vehicle in a commercial or and commercial vehicle in residential zone. >> So it doesn't have a tag. >> No tag. >> Okay. So that's the nature of the violation under 931 941 193. >> Yes, sir. >> And that was as of an hour ago. >> Yes, sir.
>> All right. And anything else you like to show me? >> Just a second picture. The same thing. >> And what's the reference on that? >> No tag. >> Well, what's the number numerical? >> Same thing. Uh 94-193. >> Is that like a one? >> Oh, I'm sorry. One bravo. >> One bravo. Yes sir. The other was one
alpha. >> Yes, sir. >> Okay. This is one Bravo. And >> it's just a further away picture. >> What's the date of that picture? >> Uh 16 October. >> All right. And And when you visited the property an hour ago, did you see the same thing you saw in that picture? >> Yes, sir. >> And what the relevance of that to the
hearing? >> Uh the vehicle was parked where it's showing in the photo and had no tag. >> Had it been moved? >> No, it has not. Okay. So, basically this is fairly straightforward. A vehicle on residentially zoned property without a
tag in violation of 94-193. Correct? >> Yes, sir. >> And city's asking for how many days for compliance? >> Uh 30 days of compliance. Um as of November the 19th. >> How much for a fine are you? >> $25 a day
>> for the violation. Yes, sir. And all they have to do is put a tag on it. >> Yes, sir. >> Okay. All right. Last call for Leonard Battles, Jimmy Battles, uh, anyone else who is an owner by Tennessee in common of the property 714 North 14th Street in
Palatka. seeing and hearing no one and finding that due process has been satisfied uh by the uh posting of the property in accordance with section 162 Florida statutes with an affidavit of posting included in the record after an attempt
to send a certified letter notifying the owners of record at their official address of record of the violation and the date of hearing and finding that substantial incompetent evidence exists to conclude that there is one white uh
unlicensed vehicle parked at the property located at 714 North 14th Street, which is zoned residential under the city land use regulations. That being said, we're going to find the violation uh enter an order uh requiring that the
property be brought into compliance u within 30 days. That will be by the end of business on November 19th, 2025. In the event of non-compliance, a fine of $25 per day shall commence on November
20th, 2025, which is a Thursday. All right. >> Yes, sir. >> There being no further business, we're going to conclude proceedings before the special magistrate at 1:39. Thank you.