All right, we're going to begin. It is 120, excuse me, 1:32 on August 19th, 2025. We're going to commence the proceedings before the special magistrate for code enforcement for Putinham County. Good conso. By way of introduction, my name is Ron
Brown. and I'm an attorney licensed in the state of Florida and I have been appointed I've been appointed by the city commission for the city of PLA pursuant to state statute to preside over today's proceedings. I'm going to give a brief introduction and we're going to explain
some situations on the on the agenda today and see if we can make sure everything goes as smoothly as possible given the nature of it. And I know there's a large contingent of people here who were speaking on one of the agenda items and that item may be pushed to the end of the meeting. I do not
think there are any respondents here for the other items. However, until we call the cases, we will not know that for sure. But I want to give this preliminary introduction for everyone so you understand what will happen and what my role is, what the city's role is, uh what your role is with regard to these
cases. These cases are governed by state statute. The statute is chapter 162 of the Florida statutes promagated by the Florida legislature. City has a code provision which inherits the state statute, but the state statute prevails in these circumstances.
This is not a formal court of law. We are not bound by the formal rules of evidence as you would find in the courthouse downtown. We're neither uh bound by the formal rules of civil procedure. We are however by law bound by the formal notions of due process and
fairness and making sure that everyone has an opportunity to be heard to hear the charges that are being levied by the city with regard to the alleged code violations and to have a decision that is based on what is presented at this hearing and is based on personal
knowledge and what is called substantial and competent evidence. And that is evidence which would allow a reasonable person to reach a reasonable conclusion concerning the matter at hand. Doesn't mean you all have to agree on what that conclusion is. It just has
to be something that will allow a reasonable conclusion to be made. That evidence must be sworn, and we'll get to that in a moment. It must be based on personal knowledge. Now, here's the thing I want everybody to understand.
Whether anybody in the community likes or dislikes a certain circumstance is not the issue here today. The only issue here today is whether or not there's a violation of a pertinent
city code and whether there is evidence to support or in case not support a violation of a certain city code. the city has a duty to come up and provide to me uh the elements of the code provision that they claim is being
violated and then the proof to show that that violation occurs. That's all I get to look at. Any testimony that is presented will have to be called by the parties. The city will have code enforcement officers
who will be bringing sworn testimony and evidence that of which they have personal knowledge. As for example, they may have photographs. Those photographs, I'm going to inquire of anyone who presents a photograph. Did you take this photograph and you'll be under oath, does this
photograph accurately represent the condition of the property or the circumstances on the date you took the photograph. If there's other documentation, I'm not going to have to require that, you know, you absolutely prove everything, but I want you to be able to testify under
oath. This is a true and correct copy of the original. If it's not the original, if it's the original, you can tell me it's the original. At the end of the day, I'm my duty is to take all of this in and to make a decision as to whether or not a code
violation exists. If respondents are present, and I think there are some, they'll get a chance to call whatever witnesses they want to call. Here's what you need to know. If you come up and you want to talk about how much you like or dislike or how important this project is or whatever it
may be, that's fine. You can do that. By law, the only thing I may consider is competent substantial testimony concerning whether or not there's a violation of the city code. Pretty narrow window
I go through. Jurisdiction for operations like this is established by the Florida legislature. like it's not a court like I said it's called a qua judicial proceeding that's why they're storing testimony court so there's only certain things I can
consider only certain things I can decide based on what uh is presented to me for consideration and I'll try my best to articulate exactly why I make whatever decision I make from everybody to understand uh if if
you if you're called up by whomever is representing the respondent in the case and Again, it's not a public hearing. It is a a testimony under oath. And the relevancy of that testimony is what I'm looking at. So, I just want to
understand that that the nature of what's going to be transpiring today. And that's what we're trying to do. The um some of these are difficult situations for everybody. I know, but they're just certain things that this process does not allow. I do want to make a final
comment. The the legislation that governs uh these actions is specific about appeals. And the nature of this proceeding is is that appeals from what happens today do not go to the city commission do not
go to any place else in the county. They go to circuit court. And it is the responsibility of the respondents to procure all record on appeal to circuit court. The only thing that we
have as terms of the uh city's staff is in fact um the testimony record of the testimony which is basically a recorded record of the testimony and any evidence that's aduced and presented at the hearing. So want everybody to understand the nature of what we're dealing with and
the importance of of how you proceed from this time forward. That being said, what we're going to do, we're still waiting on some information regarding the the larger case. I'm going to take some smaller cases uh and then we'll we'll come back and and we'll save the last and perhaps the best one for last.
We'll look at it that way. So, I'm going to call case number 2024095. Property located at 126 South 2nd Street, Pala, Florida, 32177. I have on that case the owner of record being Sherry A. Cook I believe. Is that
correct? And whose case is this? All right, please proceed. Um, let me let me first of all inquire is Sher A. Cook or anyone representing Sherry A. Cook present? We're seeing hearing no one. Please proceed. Did you want to swear first, your honor?
I'm sorry. Uh, may I good question here? You bring up a good point. I'd like all the code enforcement officers to please stand. Uh, and who will be testifying? Miss Drier, uh, Mr. Bartelli, Miss Low. We're all here, right? Correct. Raise your right hand for me. So, I may swear or
affirm the testimony you give today be the truth. the whole truth and nothing but the truth. I do. And let the record show that these uh oaths will apply to all hearings uh taking place today. Now, Mr. Bartelli, your turn. Mr. Honor. Um Harold Bartelli say code
compliance. Uh reference case 2025 025. Address is 105 Viking Street. Um for um she has four violations. Uh section 30-164 mold mildew 30-32
torn screen front porch 30-32 excessive debris visible by roadway and section 30-32 overgrown vegetation. All right. Doing some due process due diligence if you will. Uh did you
send a certified letter to the owner of record? Yes sir your honor. And was that at the official address of record as maintained by the property appraiser and tax collector? Yes, sir. 105. It was at 105 Viking Street, Pala, Florida 32177. Yes, sir. Your honor, did you receive a response to the certified letter?
Um, on 41 the notice they've been returned. I Okay. You didn't get a the envelope back with a notation from the postal service. I got a green card signed for the 15-day notice I sent. That's the only thing I got returned.
Signed the green card for that. Sherry, Miss Sher a Cook. Okay. Have you had a chance to talk with her subsequent to uh getting that green card back? No sir, your honor. Have you call converse with her or anyone representing the owner at all? I believe she did call, but she has
another pending case. Well, I'm not worried about that one. Worry about this one. No, sir. I'm not talking concerning this case. You have no further contact with it. Did you post the property in accordance with state statute? Yes, sir. And when did you post it? Uh 8525. And you have an affidavit of service included in the record?
Yes, sir. your honor. All right. Um, also, um, the city I had the county post the property unsafe on 86 also, your honor, uh, letter was also mailed to the homeowner and the property was both posted. Uh, pictures are both taken.
All right. The city is citing three alleged violations of city code section 30-169 and it looks like three sections of 30-32. Is that correct? Yes, sir. Your honor. All right. when you when you're looking at
let's say 30-169 mold and mildew on the carport roof is that correct yes sir and is pertinent section of that ordinance mildew should be cleaned from buildings having street visibility and loose wires such as TV cable should be secured no more than 10% of the buildings having street visibility may
have mild do is that correct yes your honor and then as to 3032 a torn screen on the front porch you're leading 3032A subsection 10 is That correct? Yes, sir. Your honor. Uh, fair to replace or repair within similar improved material in a
reasonable period not to exceed 60 days, broken or missing building components, including not limited to doors, windows, roofing material, siding, and drive blocks outside the rideway which attract from the aesthetics of the neighborhood. Correct. Was that for the torn screen, your honor? That was 3032
alpha 11 for the screen, your honor. Screen is 11. Yes. Failure to repair, replace, remove broken fencing, screening or decorative elements on a protect develop parcel a lot. Right. And then 30-32
number three is which one? Number 32 number one. Is that correct? Uh yes, sir. That's it's one, but there were several different issues as I will explain to you later that have Well, you got four sections from the code. I'm just trying to establish the code for Yeah, just one. All right. And then the 3032 is the
subsection 10 previously read. Yes sir. All right. Do all the documents you've included in the record other than photographs are they of true and correct copies of official records city palatka? Yes sir. And the photo as do the photographs did you take the photographs you're about to show us? I did sir. And do the photographs actually
represent the condition of property on which you took them? They do. All right. Please proceed. Um as photo one alpha your honor. Um, we're looking at which one? One alpha uh building fronting street.
The mold mildew located on top of the carport where the red arrows are located. So, how which which ordinances are we looking at here? Uh, section 30-19 169 section D delta.
Uh, mildew shall be cleaned from buildings having street visibility and loose wires such as TV cables shall be secured not more than 10% of the building having Well, you got the red arrows here. So, what we're pointing at what the mildo on top of the carport are the mildew. Yes, sir.
All right. So, that's all for that photograph. Yes, sir. All right. And it's Is it more than 10% of the surface of the building? Yes, sir. Yeah. Uh next next one is one bravo. Uh it's a little
hard to screen see at the um it's a torn screen. Which ordinance are we looking at here? Uh ordinance 30-32 alpha 11 prohibited conditions and nuisance publics. Uh 11 failure to repair, replace or remove broken fence screening for directive
items on a developed partial or lot. Um, so it's a screen. It looks to appear a lot of items on there that probably pushed the screen out and busted the screen out. So, it's a screen. Yes, sir. On the house, the uh front porch.
Yes, sir. And that's an aesthetic issue as well as a safety issue or um aesthetic issue. Okay. But that's violation of that section of the code. So, the remedy for that is to just repair the
screen. Yes, sir. the remedy for the roof with just the pressure wash. Yes, sir. Okay. Um the next item is uh 30-32. We'll go one alpha accumulation uh prohibited conditions a public nuisance.
Basically accumulation of alpha. It says accumulation of trash, drunk or debris, living non-living plants, materials, hazardous trees or stagnant water. This is basically underneath the carport at visible from the front of the house. Um,
so the violation is just the accum is just the man-made items. It's a a mixture of everything. There's totes. Well, it's your case. So, tell me which which one you want. Yes, sir. Um, there's totes in there. There's uh which black garbage which appear to be garbage bags full of items.
I don't know what's in them. Uh, there are several totes in there that have items in them. Um, and it's from the front to the back. Well, again, we talking vegetation or man-made items? man-made. Okay, that's what I was getting at in terms of what we're looking at.
So, everything I see there that's a man-made item needs to go. Yes, sir. What is that green object on the left? Uh trash can. You do you make them take trash cans out of the It should The reason it should be uh I
have not contacted public works. They have no water running to the house. Therefore, that's why the the county posted it because you cannot live in a house without um water running water. They're not getting trash service in other words. Therefore, yeah, if they're not paying sewage and water, they cannot have it trash can. So, legally, the city can
take it away from them. I just I made that call. All right. The other conditions I put on there because there were several issues. We got calls regarding this property. Um adjacent across the street, they are building a new subdivision. So, there at the time the land is being cleared and
of course little varmints are moving. So, we've had calls where people have gone by and see critters, rats, basically moving into that area. So, that's why I put other other things uh like uh section four, property being inhabited by or providing a habit for rodents,
varmints, reptiles, or other animals because they we've been told they've been going in there. I don't know the answer to that one, but the solution is get rid of the man-made items, get them out of sight. Yes, sir. All right. Next, um the overgrown grass. Um
the where the mark's at. Is that a yard stick? Yes, sir. I am impressed. Quick learner, sir. And so, what's the standard for grass on a residential lot? 18 inches. And how high is that grass? Uh the black where the the arrow going
across is the 18. So, it's pushing probably 24. And that was just one area. It's higher in other areas also. Okay. All right. So, it needs to be brought down to 18 inches. Yes, sir. And that's consistent with the other properties in the neighborhood. Yes, sir. And the code? Yes, sir. All right. Next.
Uh, this is just uh the last picture is a concern picture. Um, as I explained to you earlier, this property has been it's running fines and leans on it. Um, we've tried to work with the homeowner as far as getting the place brought up to codes or whatever, and we're having no luck.
Um, what this is here is a a picture of your hood vent from your on the top of the house for the hood over your friger over your um stove. Um, as you can see at on March 13th on the top picture, the vent is left open. And then just
recently on July the 8th, it's still open. So the concern would be water, rain, and everything running down there straight going into the house, which there is power running to the house going to Clay Electric. We checked that. They said there is power going into the house. So the safety issue would be that
water running in there and maybe getting into some electrical and you know heaven forbid a fire or but as to this photo does that relate to a particular provision? It wasn't a code vision just a safety issue that we're trying to we're to gather you know we're trying to work
with the individual to come into compliance. We're having no luck. So we've we're fall we were like running out of okay things. The anything else? No, sir, your honor. All right. So, basically what I'm
hearing is four ordinance violations. 30-169 due to the mold and mildew on the carport roof, which exceeds 10% of the coverage is visible from a public rideway. That rideway being Viking Street. Is that correct? And 3032 uh due to the torn screen on the front porch, which needs to be
replaced. Roof needs to be pressure washed. Screen needs to be replaced. 3032, excessive debris visible from the roadway, and that's the man-made items in the carport. Yes, sir. And those need to be removed or put out of sight. And 3032, overgrown vegetation
needs to be reduced at least 18 in consistent with the neighborhood. Yes, sir. All right. Last call for Sherry A. Cook or anyone representing Sher A. Cook. Seeing and hearing no one and find that due process have been satisfied by the
uh sending of certified letter to the official address of record and posting the property uh in accordance with chapter 162 Florida statute with an affidavit of service included in the record and finding that there's substantial incompetent evidence on in the record to find that violations of
section 30-169 30-32 uh and three sections of 30-32 dealing with 169 being mold and mildo carport roof. Uh 30-32 with a torn screen on the
front porch, 30-32, excessive debris visible from the roadway, and 30-32 overgrown vegetation. Um we'll enter an order finding the violations and requiring that the property owner bring the property into compliance within 30 days of today's hearing. That would be the end of business on September 18th,
2025. Is that correct? Yes, sir. All right. Um, in the event of non-compliance, county, the city's recommending a fine of what? Um, $100 a day, $25 per violation. Per violation. We'll go with that. And
again, no contact with the owner regarding this? No, sir. You are. All right. Uh, well, it sets a fine of $25 per day per violation. uh beginning on September the 18th of Friday. Is it Thursday? It's Thursday.
Oh, September. Yeah, it's a Thursday. Thursday. Beginning on September 19th, uh 2025, the fine of $25 per day per violation shall commence an event of non-compliance by the end of business on September 18th, 2025.
Next case going to be case 202563. Property looks like it's located at 611 North 9th Street. Uh looks like this property is titled in the name of the heirs of Mini Lee Jones. Is anyone here who is an heir of Mini Lee Jones or
representing an heir of Mini Lee Jones? Okay. Seeing and hearing of one. Mr. Bartelli is this one also yours? Yes sir. Busy man. Please proceed. Herobell city plaque co- compliance case 2025 063 reference 1611 North 9inth street uh
city has three four violations section 30-171 uh missing broken windows 30-213 abandoned structure and two of section 30-32 alpha missing screen and excessive
trash and debris. All right. Um, let me do some due process due diligence again. Um, the heirs of Mini Lee Jones suggest that Miss Jones may be deceased. Do you have any knowledge regarding that? I'm unaware of
All right. Um, you sent a certified letter to the official address of record. Was that address 611 North 9th Street, Pala, Florida 32177? No sir, your honor. Uh, 7445 State Road 207 Elton, Florida. So, a different address.
Yes, sir. But I also sent it to the 611. Which one was the official address of record of the property appraiser tax collector's roles? 74 45 State Road 207 Elton, Florida. All right. Did you get any kind of response to that? Both cranes returned and signed. Unsigned. Signed. Signed by whom?
I I can't make out. They they'll I noticed that they'll have a signature then ask you to print it. And the printing can be worse than the things. It's the same in both splots. Okay. Have any contact with anyone regarding this issue? No, sir, your honor. No.
Okay. Do you know have you observed anyone on the property when you went out to visit the property? No, sir. Okay. But the official the address of record was in Elton. That's where that card was sent. That's where whomever signed it to. Yes, sir. Okay. All right.
And you posted a property report state? Yes, sir. And looks like it was posted on August 5th. Yes, sir. And posted here in city hall also. Yes, sir. And your affidavit of service is included in the record. Yes, sir. Right. And just for the sake of doing our
homework, all the official documents you include in the record are the official cop copies of the official documents for the city of Polkco. Yes, sir. And the photographs you have are photographs you took personally. Yes, sir. And do the photographs accurately represent the condition of property and date in which you took them? Yes, sir. All right.
Okay. Looks like you have four sections of the code. 3171, 30213, 30-32A, and 30-32A again. Uh, and you're going to show us what those are. Yes, sir. Uh, the first one will be section 30-171.
Uh, windows. As you can tell on the side, this would be the left side of the building. Picture taken from, uh, North Ninth Street. Um, the windows are all missing. I'm un I believe the place might have been a structural fire. Um the miss the windows are also missing on the right side also.
So three windows missing on that side. Yes sir. Right. Solution is to either replace the windows or board them. Yes sir. Okay. Next uh next one is also the windows that would be on the right hand side. Uh also one two three.
So looking at it from North Ninth Street. Yes sir. Okay. That's the right side. And so what are we looking at here? The windows also missing. The windows. Three sets of windows missing. Yes sir. And again, the solution is to replace them. Yes, sir. Okay.
Uh, your next one is section 30-213, responsibility of the mortgage or owner of the vacant blight unsecured or abandoned structure. Uh, basically this is the the front of the building, the front door. As you can tell, you can see straight through the building. There's no anybody can go on there and it's
possibly that there's squatters living in there. There's you can see through all the way through and there's just the light at the end of the tunnel if you will. Is that the back door or is this an opening in the house? It's the back side of the house. I don't know the answer. I haven't been in the house, but it's the back side of the property.
But the main issue here is if open front door unsecured. Yes, sir. Okay. And that still has to which one? 30-171. Uh 30-213, sir. 213. Yes, sir. Vacant blade or is abandoned and open?
Okay. carrier abandoned. All right. Um, next one is 30-32. Prohibited conditions. Uh, fail to repair, replace the screen. Uh, the screening on the front of the building. This is, uh, taken from North Ninth Street, the right side on the road. Basically, screen's
missing. Um, or it's not missing, it's torn. So, it's on the left side torn. And also in the front in the middle of it's torn also. Um, repair or replace. And that's the essence of that ordinance. All right. Next,
um, next one is 30-32. Prohibit conditions or nuisance, accumulation, trash, debris, uh, living or non living plant materials, hazard, trees, or stagnant water. This would be the right side of the property looking from North Ninth Street. It's just overgrown and people
have just thrown trash, garbage. Uh, so it's the man-made items you're looking at. Three arrows there. Yes, sir. All right. That's all I have for you at this time. So, basically what I'm hearing is 30-171 due to six missing windows. Three on the
left side, uh, three on the right side elevations of the house. Correct. Uh, four on the right, three on the left. Four on the right, three on the left. Yes, sir. Okay. 30-213. The abandoned structure being the open front door and looks like the open back of the house, right? I don't I don't know the answer
to that. It's not secured and it's open and accessible. 30-32A missing screen on the porch and screen needs to be repaired. As to the going back to the abandoned structure, boarding the front door, fixing the opening in the back, making the house so you can't enter it
efficient to satisfy compliance. Yes, sir. An excessive trash and debris is removing the man-made items shown in the last photo. Yes, sir. Anything else? No, your honor. Last call for anyone who is an heir of Mini Lee Jones or
representing an heir of Mini Lee Jones. Okay. Seeing and hearing no one and finding the due pros have been satisfied by compliance with the requirements of section 1624 to statutes regarding uh sending letters by certified mail to the official address of record and posting
the property uh also in accordance with statute with a notice of affidavit of service included in the official record. There's been substantially incompetent evidence to find a violation of section 30-171 of the city code regarding seven
missing or broken windows on the house. Uh compliance will require that those windows be replaced or that the areas of opening when those windows be boarded. Section 30-213 an abandoned structure due to the open front door and open rear
of the house. Uh, the house must be repaired in the rear and the front door replaced or both sections boarded. Section 30-32A, a missing screen on the front porch. Remedy to that being that the screen must be repaired. Section 30-32A,
excessive trash and debris. It's remove some man-made items that this is from the front of the house. I believe it's to the right side of the house. Taken from Yes, sir. Taken from uh North 11 Street. You can see this from North Ninth. Yes, sir. All right. And there's some man-made items. Uh, and which what's the name of
this photograph? Um, that would be roll it up. One echo. Can you roll the No, the other way. This is one echo. Yes, sir. Okay. For those, we'll enter an order finding
the violations. Require that the property owner bring the property into compliance no later than the end of business uh on September 18th, 2025. That's 30 days. What fine is the city recommending? Um $25 $100 a day. Per day per violation. 25 per violation. $100 a day. Yes, sir.
And we'll enter an order assessing $25 per day per violation. Again, commencing on September 19th, 2025 in the event of non-compliance by the end of business on September 18th, 2025. What's that? You want to go to that one?
Well, you got copy of the code for me. I would like to see it. can you show it on the screen and just uh we're going to begin let's go ahead and begin the hearing uh with regard to this file.
It looks like 2024 130 First Presbyterian Church of Palatka being the named respondent property located at 126 South 2nd Street, Palaka, Florida, 32177. And I want everybody to understand something at the beginning. Uh again,
the only thing I can consider are things that transpire from the time we start this hearing until the time we conclude this hearing. Uh the conversation we had prior to this hearing had to do with just making sure we had the code provision available for me to take a look at so everybody's on the same page
as what we're looking at. I really don't know exactly what's going to transpire at these hearings until it happens. U I can read the code all I want but until the the hearing actually occurs I don't know. So this is I get as much joy and entertainment out of this as you do in
learning what's going to happen at this point in time. And so we'll go from there. What I was what I was looking at is the section regarding exactly what this violation is. Have to think about scrolling. You got to go through the whole thing. You just
live list papers. It wouldn't be so bad. Okay. So, we're looking at 94-149 and this is intensive commercial district and we're looking at what's permitted or what's not permitted. Okay, Miss Low, this is your case.
You're going to explain to me how this ordinance works, right? Let me first of all, uh I know that there are someone here from the First Presbyterian Church of Palaca. Who would like to come up and be the person who's going to start this? Mr. Lida, please
come forward. And for the record, Mr. Lida and I are in the same Rotary Club. I do not think that will affect our judgment on all of this with regard to what's going on. Um, but I do not represent him in any way. And by the way, I want everybody to understand
I work for the city in a sense they they pay me for coming here today and I'm appointed by the city commission, but I'm not the city's attorney. Miss West is the city's attorney. I don't represent anybody except the case.
And my job is to bring a case that would withstand review and appeal. I want to make sure we get a good case based on substantial and competent evidence on what I hear today. So, I'm ready to understand how all that that works in regard to this. Um, Mr. Lada, will you be testifying? Uh, I think I will be. Yes, you will be. Could you raise your right
hand for me? You saw me swear from the testimony she gave today to be the truth, the whole truth, and nothing but the truth. I do. Anybody else comes up, we'll do the same for them. Uh, what's going to happen is that Miss Low is going to be presenting uh the city's case. Before we begin
that, I want to and again, she's going to have her chance to present her case. I may have some questions. When she's done, you have any questions over, you're welcome, Mr. Lighter, to ask her. Uh, after they're done with their case, you may present any case you wish to make, any testimony, and the evidence
you wish to make regarding the situation. The um might take just a bit. I do want to make sure we have the due process. The good thing about due process, as a matter of law, if the respondent shows up, they have due
process. They're here. And this is a good thing you're here. But I did want to make sure, Miss Low, if you would, did we get the response to the certified letter? Um, or did we post the property? We did post the property. Yes, sir. Um,
I did not get a green card back on the last. Well, what's the official address for the the church here? Um, the official address is uh 123 South Second Street, Pla, Florida, and that's where it was sent. Okay. That is where y'all get the mail.
Yes. Just so you know again, state statutes require they start off by sending a certified letter to the official address of record. If they don't get anything back, that is a green card. They postal service has this little green card recipient signs for it and they send that back. We don't get
that back. Uh then they have to go and post the property. How did Mr. Light, how did y'all find out about it? Uh we got the official notice from um I guess being posted. Yes. Yes, sir. You did get you didn't get the green card back. Not yet, sir. But you posted it also. Yes, sir.
We're here. This is a good thing. All right. So, Miss Low, what I'd like for you to do first for me is to give me the particulars of the ordinance that the city it finds claims there's a violation. And we're looking at 94-149
of the city code. Is that correct? City MUN code. Yes, sir. That's correct. Okay. What part of this is the issue? So basically right now we have section 94149 permitted principal uses and structure and in this whole subsection B.
So that's that is where that wording is correct sir but I sent the whole uh 94-149 to um okay to the church. Well show me what we're what we're arguing about today. Correct. And it tells you what's permitted and the homeless shelter is not permitted in use.
So this is a matter of this is not and so the ordinance is set up there. These are the only things that are permitted within commercial to intensive commercial. Is that correct? That is correct, sir. And that is the zoning for this property. That's correct, sir. Right. So, that being the case,
tell me what's here. Yes, sir. Um, for the record, case number 2024130. Um, my name is Christy Lowe, code compliance coordinator. Um, this actually was first observed on June 12th, 2024. Our notice
for this hearing was sent August 5th, 2025. Um, we did not receive a green card, but it was complex posting 8525, also site posting 8525. And I've also had contact with the church, right? And again, they're here
and they are here. We'll go to and this is a just out of curiosity, was this a written complaint? So, we had several written complaints and then um when it was brought to PL um building and zoning um that's when we were um we found out
it actually was not zoned for a homeless shelter. Um and with this case with code enforcement, we we're can only see what we see from the outside. Um so there was postings on the door stating times and dates and what was available, which all
that has been removed. Um times and dates for what? for the overnight shelter. So, all that has been removed um off the door and then it was being posted on social media. So, we were able to see that and of course I have spoke to the church and the homeless coalition and they did confirm
that it is there. Um but because um after the 30-day notice, we're still in violation. That's why we're here. Okay. You have any other documents or So, the only documents I have to show you is one A. if you'll go down just a
little. I need the picture that. So, basically, this just shows where they're offering the shelter's usage at the church. Um, and then the next photo will I'm just showing where everything was removed off
the door advertising for the shelter. So, they are trying to come in compliance. We're just not there yet. All right. And you again, you took the photographs you're showing us. I did, sir. They do represent the condition of the property and date in which you took. Yes sir.
So where we are as I understand it, this is commercial two zoning 94149 does not include as a as a part of the allowable uses of the property a homeless shelter. A homeless shelter. Correct. Correct sir.
Or temporary shelter. Or temporary. No sir, it does not. So shelter does that mean under the code is is that housing people feeding people? What? Well, I mean the church has a right to open the doors and um you know offer
services which we went over that several times. Um but they're just not allowed to have an actual shelter overnight stay temporary or long period in this zoning area. Anything else? So, what the city is
asking, um, and it's nothing that we haven't asked with anybody else that has not been living in a camper or tent services. We are asking at this time, um, we're asking for 90 days to have them come into compliance, um, which would be November 17, 2025. If that does
not happen, um, after speaking with, uh, the planning and zoning uh, director, we're asking for $250 a day if it's not in compliance. Is there a particular basis for a fine of that um just because it's an it's been going on for almost a year now and they they
are hoping to be in compliance by then and we are too but if not that's was his recommendation sir. Okay. Well, Mr. Lida the city has one basic argument and that is there's a temporary homeless shelter
inside the church and it's not zoned for that. That is true. Is that's true. True. There's no dispute to that. Being a pastor, I'm sure you wouldn't tell me anything other than that. Um, so I guess the question is, is there some particular dispute for me to decide at this point? I mean, what is it that the
the the church has as view of this? Basically, what the city is saying is, let's stop doing this by November 17th. That's what I understand. Yes. Okay. Is that a problem for the the church? Well, if I could u do some
clarifying um the um the church, the First Presbyterian Church uh three years ago um on the eve of a 16 degree night in Palatka
uh responded to a plea from the city. Um the churches need to do something because um this very killer cold wave was coming through and we did open our Westminster Hall for cold weather shelter. We did it that year and have
done it in subsequent years as as well. Um not every night only in cold weather but we were doing that and and had no indication we were violating any code in doing that. Um well when you say the city invited this
who told you this? Well this is just something we heard. It came through the black daily news. Um nonetheless um there was a strong sense that there was a vulnerable population on the streets that were going to be in very serious peril in that kind of cold.
Uh and we responded to that. Uh last October a law went into effect in the state of Florida making it illegal to sleep in public space. Um and we felt compelled u to answer
that in some way. Um the church actually does not do the sheltering. The church provides the space. We spun off a separate nonprofit organization called the Putham County Caring Coalition which we refer to in abbreviated form as PC3.
Uh and the nonprofit uh administers the sheltering effort. Uh the nonprofit is in negotiation, ongoing negotiation for moving our services to another location and that is ongoing right now. That is what I've discussed with Christy Love several
times. So our attempt to come into compliance first and foremost is our ability to move this to another location. Uh we will have our Can that be done within 90 days? Uh we are hopeful that that's possible. Yes, we are hopeful.
Again, again, as I mentioned earlier in the prologue to all this, there's a very limited number of things I can look at and what I'm looking at right now is today it looks like we're running a temporary shelter in a C2 zoning. Well, we are and we we are careful not
to call it shelter. We call it temporary overnight safe space because a shelter in the nonprofit world is a very specific thing. It's a it's a facility that does services which we do not do. The one the only thing we do is safe space overnight. Well, I understand that and I don't think anyone argues that it's it's a
wonderful thing to be doing to try to assist people in this particular way. However, it got in front of code enforcement matter how we're going to get it how we're going to get it out from in front of code enforcement. And that's what I guess what they want me to do. So here's
the thing. I'm looking at it. Nobody denies there's this temporary shelter activity going on in this structure and it's in violation of the code. I've never seen the city of Pala or for that matter any jurisdiction actually want your money. They just want some compliance.
And right now they're saying, "Let's get this all within 90 days." That's why I'm asking, can this be done within 90 days? The fine is You know, please remember this needs to be done within 90 days. It's a it's a motivator. We are endeavoring to move our to
another location. Ongoing negotiations are in place and I we we have no outcome for that yet. Okay. Well, I again I understand the difficulty of and I wish I had some jurisdiction to assist you in some way other than what the very narrow power
that this position. We do understand that. Having said that, um, anything else you'd like to add or anyone in your group like to add? I mean, it's pretty straightforward. I think we're a large group of supporting people who have done this. I'll say this, I think it's commendable
that the church has taken this on. Um, it is an extremely uh difficult situation uh regarding homeless. Uh, the recent court cases, I I'll bore you with a slight bit of history. the recent court cases um actually change some
court cases. Um there was a a rather notorious case out of Key West several years ago which basically the federal court told the city of Key West if you don't want people sleeping in your public places and you don't want them using your public places for public restrooms and you need to provide them
someplace to go. And I know when I was city attorney in St. Augustine the city spent $36,000 a year to buy bids in St. Francis house to so that the those people living in public could have a place to go. It's not an easy situation. Now the rules
have changed. Uh you don't you still I think have to provide them an option for a place to go. They don't have to go in which case they might be subject to arrest. But nonetheless, it's a little bit different situation where the law now favors the communities over those who are sleeping in public or out
needing shelter. Having said all that, uh my concern is just making sure everybody understands there's no fine that starts today. Um there's no fine that starts before, you know, 12:01 a.m.
on November 18th, 2025. Uh as a result of all this, that's why I'm making sure everybody's comfortable with the time frame. As I understand, the city's position is usually their position these circumstances. We just want to get it done. uh because there are people who
don't find it necessarily something that should be in the city and there's a code provision that deals with that. The only people who can change that code is the city commission. They want to change it. That's up to them. But right now, this is the code we have in terms of what's going on.
So absent any further information, I think there's substantial incorrect evidence to find that there is a violation of section 94-149 subsection B and that a temporary homeless shelter uh is not an an approved use within C2 zoning in the
city of Palata. uh also make a finding that due process has been satisfied by sending an not certified letter notification as well as posting of the property of the um allegations as well as the date of this hearing. Uh we'll enter order finding
the violation and requiring that the property owner bring the property into compliance by ceasing the unpermitted operation no later than the end of business. I'll make it 11:59 on November 17, 2025. In event of non-compliance, a
fine of $250 a day shall commence on November 18th, 2025. Any questions? Thank you all for coming. Again, this is something that's commendable and you're in the crosshairs of something I think you're going to see more and more of, unfortunately, is just how to deal with
um people in need and and what's the appropriate way to deal with that and how to balance that against the the ordinances and other needs of the city. Thank you, your honor. All right. Thank you very much for coming. All right. Proceeding on. Case number
202599. Property located at 516 Kirby Street uh in Palatka. Owner of record Carla O. Nolles. It's Carla O. Nolles or anyone
representing Karma O. Nolles. um here. And by the way, unless y'all just would rather watch not watch afternoon TV and you'd rather stay here and watch this proceeding, you're welcome to do so, but you don't have to and feel free to leave if you if you
want, but you're always welcome to stay. It's a public public and welcome is welcome at all times to listen. All right. Whose case? Mr. Bartelli. And this is an uh allegations regarding four sections of the code.
30-213 unsecured or abandoned structure registration. Is that correct? Yes, sir. Okay. 30-169 unsafe front structure sagging. 30-169 empty electrical box. And 30-169 rotten and weakened wood. Yes, sir.
All right. Um first, let me do some due process um due diligence. The certified letter required by statute was sent to the official address of record. Is that the 516 Kirby Street address? No sir. What is the official address? It
was sent to 286326 South De Mo Wyoming 9819. Wyoming. De Mo WA. Was it Washington? WA is Washington State. Washington. Yeah. And did you get a green card back? Nothing. Okay. I did was the certified letter
have a notation postal service return certified um return to undeliverable address. Okay. But that was the official address of record on the property appraiser tax collector. Yes sir. All right. Uh have you posted the property in accordance with state statute? Yes sir. And you have your affidavit of service
included in the record? Yes sir. And posting occurred on August 5th? Yes sir. Okay. And you also posted here in city hall? Yes sir. All right. Had any contact at all with anybody or
Miss Nolles or anybody on the property? Yes, sir. I have. Um on 84 I spoke to a gentleman, Mr. Berdale. Where was he? Is he on the property? Uh I believe it's the husband of Miss Nolles. Okay. Um where was he? Do you know? He confirmed his address I sent the
property to was uh De Mo Washington. His address. He confirmed that that was where he gets his mail at. How did he find out about it? Do you know? I can't remember how I stumbled across him. Um I I'm not sure if he called me or I I
stumbled across getting his number. Well, what did he say about this? Um he called and u reference uh the property on 516 Kirby Street. Um I explained to him he had violations and that was scheduled to go in front of the measure hearing. He asked what needed to be done. and I told him what the violations were, what needed to be done,
um what the you know the the route was or how the how the process was. Um he explained to me that he was going to try to make contact with some local contractors to have them come go to the property and assess it and give him a a
bid on trying to fix the place up. Okay. When was that? That was on uh 8425, sir. Okay. So, not too long ago. Yeah, not too long ago. Okay. All right. Uh, you have some alleged violations. Also, all the the documents you've included in the record are true
and correct copies of the official documents of City Palatka. Yes, sir. And the photographs you're about to show us are photographs you took personally. Yes, sir. And the photographs actively represent the condition of the property and date in which you took them. Yes, sir. Please. Um, just for the sake of
Yeah. I'm sorry. You don't want to stay either. you got something better to do. Thank y'all. Thank you. Thank you. Um your honor, I also added that the posted the property was posted and also I had made contact with the city of or the
uh the count Pman County code enforcement and they did site the building unsafe due to the front structure. I'll show you later. So it's the building is posted structurally unsound and I posted a violation or hearing noticed. Okay. The way these photos are
structured, it's a little hard to see which photo ID is and which ordinance you're referencing. So, help me out with that. Make sure we create a verbal record. Okay. Scroll up. I should have I have all that. So, this is photo. This will be photo one alpha. Okay. Uh section 30-213. Uh responsibility of
the mortgage or owner of vacant blight unsecured or abandoned structure. Um it's hard to see but on a second story structure that door there is a set of double doors there and the one door is open. Okay. I don't know how it got open. Is it is there a door there?
Yes, there is. There's a like French doors. It's open and it's not secure. That is correct. Yes, sir. Okay. That's the only thing in that photo. Yes, sir. That was alpha 1L. Yes, sir. All right. Next, uh, one Bravo, uh, is a posting of, uh, section 30-169, building fronts and
sightings of Burning Street in Publix. Um, right in Weeken Wood, uh, it's underneath the front porch. Uh, it's sagging and actually in front of the door, you can see it. Well, it's hard to see, but we're looking at Is that structural? Yes.
With sagging? It's sagging. Yes. That's not just a sophet. That's actual No, it's it's sagging. the whole underneath the roof. The wood's all rotted and actually by the backside by the door I think I So this is more than an appearance factor. This is actual hole. Yeah. Off the roof.
So I think uh you can see a better picture I have. Yeah. A better picture later on where the that I show you the back by the door there's 2x4. Hold on before I get seasick. Go back to that one. And this for the rotten and weakening wood
basically the whole top side. Is that a brick holding up the roof on the right side? Yes. Interesting. I don't know how it got there, but yes, sir. So, this house has been displaced enough they put a brick on that side, but not on the other side. It looks like there's
a board on the other side, right? Is that correct? It just might be where it's starting to to give. And this this house had been condemned. Uh, it's been Yes, sir. It's been posted unsafe. That's the orange sign. Yes, the orange sign. That's where the county posted for me. Okay. Thank you. Next,
uh, one Charlie, uh, section 3169, buildings front, um, the missing electrical box on the side of the house. Okay, very good. The next one is uh section 3169,
building fronts. It's a better picture of uh, all that's rotten wood. The whole there's just pieces missing everywhere. And if you look by the door on the left side where that arrow is. So we're looking at the ceiling of the porch. It's rotten wood. The right arrow is missing wood on the
ceiling of the porch. Yes, sir. To the right of the the right column. Yes, sir. And then there's other missing wood. Yes, sir. To the left of the column. Yes, sir. And then what's the bottom arrow for? The bottom arrow is actually the 2x4
structure that's propped up there to hold that roof up. Oh, what are those 2x4s? Yes, sir. It's 2x4s. Is there a tempted truss or lentil across the top of that? Yes, sir.
Is there anything supporting the 2x4s? How do they I did not go up on the floor, sir. But so they they have a brick on the right column, wood on the left column holding up the roof, and then you've got two 2x4s and a cross
2x4 trying to hold it up over the door. Yes, sir. And but your is Well, the issue with the the wood in the ceiling is just the rotten wood. Yes, sir. But the issue with the 2x4s is what?
That would be for the structure holding in the sagging. That's we're going back to 60 30-169. Okay. Um on the last photo one echo is basically a view from the street whereas you can see how it's sagging in the middle. Um and upstairs you can't see
the top that the top story there where the door was open. But this is from the road where you see where it sags in the middle like towards that left column. It's does just based on what you know is this repable.
I don't I don't know the answer to that sir. I'm not a Okay. Anything else? That's all I have. All right. Last call for Carla O. Noles or anyone representing Carla O. Noles.
Seeing and hearing no one in find that due process has been satisfied by sending a certified notification to the official address of record is maintained by the property pager and tax collector and having the property posted uh both here at city hall and at the property in
accordance with state statute uh and finding that there's substantial incompetent evidence to find four violations on the subject property. One of section 30-213 of the city code due to unsecured or abandoned structure. What was that registration part? There's
a um for vacant properties if it's on if it's unoccupied you have to go through what's called orange data to have your property registered. Um what it does is you go on it's you can go on our website and register vacant properties. So is that in 213? So is that what
you're talking about today? You're bringing I think it's two it's 215 is your Well, I'm just trying to ask what is it you're alleging as a violation unsecured uh unsecured. Okay. So it's unsecured or abandoned structure. Yes, sir. All right. And that's because of the
doors being open. Yes, sir. All right. So, solution being secure the doors. Just to clarify on that, it's the registration that they need to comply with if they have a a bladed unsecured foreclosed structure. Okay. All right. So, that's what you're
looking at. It's a registration. All right. 30-169 unsafe front structure sagging. And that has to do with it looks like the entire roof system on the front of the house over the steps. It looks like
it's partially the columns on the front have support elements underneath them. The roof sags to the left. Um and it looks like there's also some two by an attempt to sag to support the backside of the porch roof
with 2x4s. Yes, sir. All right. and a violation of 30-169 which you know prohibits empty electrical boxes on residential property and a violation of 30-169
rotten and weakened wood in this case um specifically on the porch underneath the the front porch in two areas. Yes, sir. That it. Yes, sir. All right. will enter an order finding the violations and um requiring that the property owner bring the property into
compliance within 30 days of today's date with the end of business on September 18th, 2025. In the event of non-compliance, city's asking for what fine? Uh $25 per fine, $100. We'll enter an order indicating that fines will be $25 per day per violation
in the event of non-compliance. There being no further business before the special magistrate and the agenda being satisfied, we shall conclude today's proceedings at 2:30.