I'm sorry. I'm going to need to get a sweater on. >> Are you on? >> Yes. >> Getty ready. It being 131, we're going to commence the proceedings before the special magistrate for code enforcement for the city of Palatka. By way of introduction,
my name is Ron Brown. I am an attorney licensed in the state of Florida and pursuant to city code and state statute have been appointed by the city commission of city palaca to preside over today's proceedings. This is what's called a quai judicial proceeding. It is not a formal court of law. It's not an
administrative proceeding. It's in between. Uh we are however guided by certain principles of due process and fairness and making sure everyone has an opportunity to be heard to know of the allegations and present any evidence and testimony that they may have regarding
the matters at hand. One of the requirements of due process and fairness is that all testimony must be what is called substantial and competent. That is testimony which would allow a reasonable person to reach a reasonable conclusion on the matter at hand. They
don't have to reach the same conclusion in hearing this evidence, but it must be reasonable for the person to reach it. The other requirement of substantial and competent evidence is that all the testimony must be sworn. I'm going to ask all those persons from the city who
will be testifying today to please rise and take an oath. Miss Low appears to be the only one. There's one item on the agenda. Do you saw me swear or affirm the testimony give today should be the truth, the whole truth, and nothing but the truth. Thank you. Uh, and just for the record, um, want to make sure
everyone is under notice that in the event of an appeal of these proceedings, appeals under state law are taken directly to circuit court. They do not go to the city commission or any other city agency. And is the responsibility of the respondent to prepare any record
that might be necessary for that appeal. Uh, we only have one case on the agenda today. Uh this is case number 2026 042. It appears to be um name sounds familiar.
>> Yes, sir. >> Um Eve Gerard Edward Edward Eves Gerard. Correct. >> That's correct. >> Close. And Priscida Gerard property located at 2201 President Street,
Palatka 32177. Okay, Miss Low, let me ask first, is or rather Mr. or Mrs. um Edward present today? Are anyone representing either of them? Okay, seeing and hearing no one. M
lo. >> Yes, sir. Christy Lo, City of Pala Code Complaints Office. This case is 2026-042. Um this case was first observed March 23rd, 2026. This notice for this
hearing was sent April 1st, 2026. We did receive a green card back. Um property was complex posted on 513 site posted on 513. Um it was posted on 2201 President Street in Palaka, Florida.
>> And that's the official address of record on the property appraiser and tax collector's roles for Putinham County. >> Yes, sir. It is. All right. If you And do you have your affidavit of service included in the record? >> Yes, sir, I do. >> You had any contact with uh either Mr.
or Mrs. Ed uh Edward? >> Not on this case. I've been by the property at least six times since I first observed um first received this complaint. Um met with the neighbors, but they I cannot get to the front door to knock, so I've not been able to make contact.
>> Okay. And you did and you posted the property in accordance with state statute. >> Yes, sir, I did. >> And you have your affidavit of service included in the record? >> Yes, sir, I do. >> And you take a photograph of the posting? >> I did, sir. >> Which photograph is that? >> It's on the screen right now, sir.
>> Okay. Uh, it's unnumbered, but And that photograph and all the photographs you're presenting today, did you take these photographs? >> I did, sir. >> And does the photographs accurately represent the condition of the property and date in which you took them? >> Yes, sir, they do. All right. And all the documents that are included
in the record are true incorrect copies of the official documents of the city of PL. >> Yes, sir. They are. >> All right. It looks like you're citing section 14-8 of the city code regarding domestic fowl. And >> that's correct. >> From what I can tell from the
description, it apparently has to do with four hens and roosters. >> Regail us, please. >> So, yes, sir. um you go to my photo which is at the last part of
the presentation. >> No. >> So right here um 2026 042 this is going to be 1a location 2201 president street paka Florida section 1418 domestic file
description a limit of four hens and no keeping of roosters. Um he's visible from Cleveland and President Street. Photos taken by myself on May 11th, 2026. The rooster is going to be inside of the four aras
arrows, excuse me. Um I do know there's more than one rooster because as he's on top, you can hear the other ones down bottom, but there's like a metal uh mesh that I cannot see. >> Right. And you know it's a rooster. Just
for the record, for what reason? >> Well, my expertise and then what I do know about them. Um, they have a long pointed red crest, also known as a hackle. Um, they're also known for their vibrant colors and their vibrant feathers. Um, and they also make
a noise that a hen does not make. Um, and if they do not have their vocal cords, they also rooster has this thing called a spurs on their back of their little feet. >> So, and they do not lay eggs. So, I see one in this photo. Are there any more on the property?
>> There are more on the property. I just could not get them um on camera. There's a lot of mesh and a lot of debris, but on the sidewalk, you could hear them across from the fence um making their rooster noises. >> At the risk of overstating a a definition,
how are the roosters sound different from the chickens? Or are there any other chickens on there besides roosters? >> Well, there are hens. I can't tell you the exact amount. I have counted at least five hens um on the property, but the hens have never made the noise.
>> Okay. >> That's the only way I could. >> There are five. Is that correct? >> Yes, sir. There there I can see five hens. I have received a picture that I did not take with over 75 little pullets and I cannot I do not know their sex at that age. >> But the ordinance limits the number on the property to four
>> four hens. Yes, sir. And this ordinance applies regardless of the zoning or land use category for the city. Correct. >> That is correct, sir. >> So, they get four hens and no roosters. >> That's correct, sir. >> And you're telling me there are at least five hens? >> Correct. >> And at least one rooster. And with the
sound like there may be more. >> Yes, sir. >> But one's enough. >> One's enough. >> Okay. More photographs. >> No, sir. I just have the one of the rooster. And you've just was this a neighbor complaint? >> We have four complaints of the roosters
and the chickens. >> And the roosters complaint was based on crowing >> uh coming into their yard crowing at all hours. Um this one likes to roam the neighborhood. >> Anything else? >> No, sir. That's all my case.
>> All right. Last call for uh Mr. Mrs. Edward property at 2201 President Street, Palcoa, Florida, or anyone representing them. Seeing and hearing no one and finding due process has been satisfied by the
submission of a certified letter containing the notice of hearing and notice of the violation to the official address of record as maintained by the property appraiser and tax collector and finding in the absence of a response to that letter the proper posting of the property in accordance with chapter 162
Florida statutes with an affidavit of service included as a part of the record. Uh there's substantial incompetent evidence to find that there is a violation of section uh 14-18 of the city code regarding domestic fowl. Uh the pertinent sections of that
ordinance limit the number of domestic foul uh regarding chickens to no more than four hens but disallows completely uh keeping of roosters on property within the city. The evidence shows that there are uh at least five hens and more
than one rooster on the property. Uh therefore, we're going to find that a violation is appropriate. We'll enter an order uh finding the same. Uh we require that the property owner remove the rooster and any hins in excess of the number of four and to bring the property
in compliance no later um than May 28th. Is that correct? We're going with it's May 29th and we're giving them 10 days. Uh okay. >> Due to the nuisance of the >> compliance will be the next day, May 30. >> Yes, sir. That's correct. >> All right. So, the fine will be $25
per day uh beginning on May 30th, 2026 in the event of non-compliance. >> That's correct, sir. >> All right. Anything else? >> No, sir. There being no further business before the special magistrate, we shall
conclude today's proceedings at 1:40.