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[Music] [Music] [Music] the meeting of the February 12th 20 2025
meeting of the Municipal Code Enforcement board is called to order please stand for the Pledge of Allegiance Al to the flag of the United States of America and to theic for it stands one nation under God indivisible
with liy uh ladies and gentlemen the Municipal Code Enforcement board is charged with conducting hearings to determine whether an alleged violation of the city code has occurred decisions made by this quasi judicial board will be based on the evidence and facts presented tonight
our meetings are conducted in accordance with Robert's Rules of Order and each case will begin with the city presenting its evidence of the alleged violation the respondent will then present his or her case both parties will have an opportunity to cross-examine all Witnesses the board members May question
any witness comments made by both parties must be relevant to the case persons wishing to speak will be given an opportunity to do so by the chairman and must address the board from the podium a after giving their name and address upon request copies of materials
submitted by staff are available for review board members are reminded to obtain permission to speak from the chair and questions of the city should be directed to the attorney for the city at this time I will ask all persons who expect to give testimony tonight to
stand and be sorn in by the city clerk if you going to be speaking please stand raise do you swear or affirm that the testimony will you provide the board tonight will be the truth the whole truth and nothing but the truth I thank you just to note the cases will be taken
out of order tonight U out of the order of the agenda tonight to accommodate the witnesses uh and respondents that are present at the at the meeting so all right next section [Music]
um okay says there will be three minute time limit imposed on all comments from the public appropriate address when appearing before the board is appreciated cell phones uh please turn off during the meeting so we're going to do uh expart
Communications at this time I would like the board members if uh ask the board members if they have had any expart communication regarding any matters coming before the code enforcement board this evening if you've had verbal Communications please disclose the sum and substance of the communications when
and where the communication occurred and with whom it occurred if you've received any written Communications please disclose the nature of the communications and provide it to the city clerk to be filed in the record start with one none I've had none I've had none
I've had none I've had none okay good with that uh next we're going to move to approval of the minutes U minutes of the regular meeting uh held on January 8th 2025
have all the board members received the minutes of that meeting yes yes sir okay if the minutes are acceptable I'd entertain a motion to approve the minutes motion to approve the minutes second okay so we have a motion in the second
uh all in favor say I I any opposed no Nays motion passes all right so I think we're ready to move on to the first case and I we're going to like I said we're going to take them out of order and the first case will
be we're going to do the uh unfinished business first right the first case we're going to be hearing this evening is from the UN unfinished business this is case number 24 2968 City versus Spectrum Medical Park LLC for the property located at 311 Bullard workway
a the deadline for compliance was February 12 2025 a fine of $25 per day begins on February 13th 2025 okay Mr chairman I just want to this was a case that was presented last month by
Lori Smith for uh exterior walls uh stained and Faded uh Landscaping Maintenance and the roof uh shingles were uh stained and Faded as well the respond are here this evening I believe to ask for an extension okay and an
update for the violation and have you have there been any changes any improvements we we have noticed some slight changes uh but we feel as though that it's not in compliance yet so we're hoping that they could update us this evening okay okay
thanks yes um the only you please name and address need your name and address please U my name is NAA Barber and the address is 341 B Parkway Temple
Florida um we have had um work done we had the Tre the trees trimmed again um we also have the roof was just completed last weekend and the painting has started it started last weekend because
W unable to do it until the roof was done because they used heavy chemicals so mulch was applied um so so far right now the painting of the two buildings that this been started so we were asking
for an extension at least two to 3 weeks to complete it we found someone um within the budget that's um painting so it's taking a little longer than you know when you hire a larger company okay so there's no permits
required for any of this work that's correct no permits required okay and they have the city the city has no problem for a 30-day extension okay all right that's that was my next question so have a question okay so you think by March uh 12th 2025 you'll be done done
that's correct so anybody else have any questions for all right well thank you so I think we're uh we so we'll just have to entertain a motion to uh if you know I'm I'm having to make a motion to extend
this to March 12th 202 2025 um seems like you guys have done enough work so okay I'll second that any com okay any any any other further comments or discussion all right then we'll uh we'll take a vote um all in favor of extending
this to another 30 days uh say I I I any opposed no a all right motion passes so you're you have another 30 days to get the the painting work done completed so any you have any questions for me or the or the board have any questions they're
giv us they given us 30 days to you might want to remind them if they it's not in compliance by March 12th oh they need to come back to the board again to ask for an additional extension yep so yeah if the work's not yourbody said if the work's not completed by the next meeting then please come back and and
and give us an explanation and then we'll we'll have we'll have to have another you know it's possible we could give you another extension no guarantees but at least come back and and let us know what what status is okay thank you yeah the only thing that was slow it will be rain so we hope we don't have
rain but we are on it thank thank you so much thank you thank you thank all right I think we're ready to move on to the next unfinished business yes next case we'll be hearing is case number 24-3477 City versus hilvano Nava for the
property located at 203 Redwood Avenue the deadline for compliance was February 12 2025 2025 a fine of $25 per day begins on February 13th 2025 Mr chairman this this case was a shed permit case that was presented by
Mr Allen um the gentleman the responded had uh came last month to request additional time because he did not obtain the permit in time and I believe he has an update this evening for me uh as far as the status of the permit and
the permit was for a shed that was installed in the rear yard okay go ahead sir all my name is iano Nava I live at 203 Redwood Avenue um I called yesterday because uh I knew that the meeting was coming soon but I
didn't know the day I did not receive the letter informing me as I usually do uh for when I called yesterday I couldn't get a hold of the permitting so I went ahead and call uh code enforcement and I let them know spoke to me I spoke to you okay awesome uh after
I spoke with him uh I still did not have a resolution on my permit and that's uh about four four to five months now that we at this uh this morning I got a call from one of the people in permitting and I she said that there was no information
at all on my permitting and I said well I brought all the information I brought you everything that you asked for and uh I have the receipt so she asked me to come down I came down here with the receipt of the day that I actually they had everything on their hands and she said okay so she started from there
anyway she worked it out until we finally figure out Allan had the paperwork on his desk and it never got put in into the system so everything uh I spoke with Alan he came out to the to my house today checked everything out and as far as he said uh I will be
getting the permit um and then other than that I just have to call for them to check in for the strap strapping it down and then after that we'll be done I just had to finish it but as of right now I do not have a
permit and they just found it this morning all the paperwork okay so this is he's he's refering to officer Allen Doug Allen at no I'm not sure uh oh Dallas Dallas okay sorry it wasn't Doug Allen though oh
okay I was going to say I didn't make the city has no problem with additional 30 days to get this worked out and I'm sure it'll be in compliance hopefully by then okayy anyone else have any any other questions for the I'm ready for a
motion all right so yeah so let's let's go and have you can sit down if you'd like I think we're done uh yeah looking for looking for a motion in case number 24 3477 I move that the city uh extend the
deadline till March 12 2025 have a motion there a second second all right any further discussion all right so uh all in favor uh the motion say I
I if you're oppose say nay no Nays a motion passes so yeah you got the 30 30 days more guys have a good day next case uh before I do just real quick because we have a number of irreparable
irreversible cases this evening if everyone could check the language that we have in your folders for motions make sure that it has the irrep irreversible violation language no okay if that is the case then I'm going to hand out hand out this this information right now with that language
installed okay thank you thank you one oh is that yes thank you okay yeah thank you
CH uh next case will be case number 24- 4673 City versus General realy and in IFCO Incorporated for the property located at 5302 East fer Avenue the case is before the board based on alleged violation of section
12 case will be corrup prosecuted this even by cases before the board based on alleged violation of section 12- 771 tree trimming invasive trees the case will be prosecuted this evening by code compliance officer Tom Bron the city has evidence that the notice of violation and notice of hearing were properly
served uh good evening Tom Bron Cod compliance this tree case this evening is a irreparable irreversible violation that originated proactively late afternoon on Friday November 15 2024 officer Smith inspection revealed
tree topping throughout the site officer Smith contacted Temple Terrace City arist Joe Ferris who went out on the property on Monday the 18th of November 2024 at this time Mr Ferris observed eight oak trees that had been topped on
the site a notice of violation a notice of hearing was prepared and sent by email to the registered agent of the property officer Smith handed delivered the notice letter to the assistant store manager Julie sammon and also director
Tom Bron myself received an email confirming service of the notice of violation at this time I'd like to submit photographic evidence of the violation taken by me on November 18 2024 at this time I'd like to submit
please please submit exhibit number one shows Laurel Oak a DB of 21 in top it's cutting exhibit number two shows a uh second Live Oak dbh 18in 24 in top cutting
Treet topping exib number three shows a cluster of four Live Oaks dbh 18 15 18 16 in topping exhibit number four shows two Live Oaks dbh 7 in 14in it was also
topped exhibit number five shows a live o dbh I believe it's 8 in top on the north parking lot exhibit number six shows a Lio dbh 24 in on the north parking
lot example number seven shows a Lio dbh 10 in topped cutting on the north parking lot so I'm going to you have the pictures up there I'm going to show you what a tree looks like when it's topped so Doug can you bring up those tree
toppings so that just to show you see better of that go back over [Music] here that's what four canopy tree looks like and can you roll it
down that is the down arrow and that's what it looks like when it's topped so it's it's it's an improper cut uh of a tree and it's on our code that's tree trimming cannot be top like that oh trimmed and um what
other so um the city orbus is here tonight um to explain about the proper cutting of trees and stuff but I also want to just advise the board this had nothing to do with the hurricane milon that happened in October this is not
related to the hurricane or none of the tree cases that'll be presented tonight have nothing to do with hurricane Milton okay do you have any questions for me you answered the question because I I was going to ask you this looks like at
the first glance that the these Slims were going to fall down because of the hurricane and then they got cut off but if you said that they had no no relation to the hurricane they did not was there a date that they were cut yes so the
date of The Cutting was November 15th okay okay so the auis is here Joe Ferris is here tonight and he'll explain more to you thank you good evening Joe Ferris city arborus
um as Tom said uh when I got the call to go out there there were eight of the trees that were topped as he showed in the example um topping is um prohibited by our code it's the only form of trimming that is not allowed essentially
it's uh a full removal at at that point so after evaluating those trees um getting the notes there were again eight of them that were totally tupped um we I had reached out and spoke with the property manager had conversations of
how to rectify this in terms of mitigation um during the evaluation I had found two other trees that had been prop improperly cut over the years that I had recommended for removal there was one additional Tri actually two
additional trees that had been sort of flattened on one side so my recommendation was for them to reach out to another certified Arbus for a second opinion on whether or not those trees were Beyond repair and saving um after
that there they evaluated the one that definitely need to come down so that was also removed but the the the number for the violation today is the eight um I presented the property owner and manager
um recommendation for mitigation based on the trees that came down um one of the options uh well per our code um replacement trees have to be a minimum of 3in caliper so one of their options was to reduce the number of trees that
would have to be planted by upsizing trees so if they went to a 6-in caliper um they could reduce so every tree that was 6 in in caliper was the equivalent to two 3in trees so they ultimately end up planting 11 new Sky
climber Live Oaks at that 6 in which is equivalent to the 22 that I was looking for mitigation um they've been they were more than willing to do everything it would take to rectify this as far as mitigation they got the other trees out
planted these made sure irrigation is going to them um I do have have images of what was planted so I want to hand that out so you can take a look at the trees that were there essentially the the landscape plan
also that they reemitted so we have unre as the basically plan shows the trees that were removed and then the new ones that were planted um again they've been more than willing to do anything we
were looking for to rectify this situation so I think um in the terms of the eight trees that we're looking for a fine this the standard is up to 5,000 per tree but I definitely think you should be taken into consideration what
they've done to bring this up back to you know what it should be so that should play in to your decision on those fines so essentially the the all the trees that were topped have been removed yes and and there was a couple of you
said a cou CP additional ones that just needed to yeah that's all been removed and they've replaced them with with uh much larger double size of what we require again so that reduced what they would have had to plant by
upsizing um so it basically double for like I said for every was two for every 3 in so every two or every 6 in it was equivalent to two 3 in so from your perspective the the it's other than the
fine the Situation's been mitigated yes yes yeah they they rectified everything with the mitigation um uh did an excellent job with it we're more than willing to take care of the situation and solve the problem we're very um
willing to work with the city and anything that we asked for so I Vice chair um just out of curiosity how long will it take these 6in calipers that you said they replace them all okay how long will it take them to reach the maturity
that their predecessors it's going to take some time I Live Oaks aren't a very fast growing tree but when you see the sizes of those they're probably 12 15 ft tall roughly and pretty good size caliper on them so it's not small trees that went
in they're decent Siz trees to start with um uh what could have been done in place of that in place of topping what could have been done to trim them to where they're safe for the buildings and people and all that well
it it depend I mean the proper cut wouldn't have been to remove everything you know it would have been more selective pruning um for the their intent was for any future hurricanes I mean all of this happened after all the
storms had passed so there are other forms of trimming the tree in the proper way without topping the whole thing once you top a tree like that you basically and the only time you would do that is if you're removing the tree Al together so there something they could do ahead of
time yeah the proper normal trimming you know lifting canopy any dead weight that's in there or Deadwood that's in the tree okay that type of stuff yeah yeah go ahead uh first uh what's the percentage of uh topping or I mean
not topping cutting the tree if they going to prunin it and what's the percentage the percentage that before they would have done before yeah it just depends on the canopy of the tree I mean you don't really want to do probably more than a third of that
canopy at any one time so they got keep mind I mean doing what was done will stress the tree out you know that that put a train to think the landscapers know that I I don't I don't know cuz I'm not sure who they hired uh clearly they
I believe were hired to do trimming for hurricanes this is not that so my guess and this is just a guess they weren't they don't have an idea what they were or understand the proper cutting and we have eight to look at and what did you
say the number per tree they up to 5,000 per tree and do we know how much they spend on I don't but again I want I want to stress how much they've been willing to come into compliance to rectify that situation and get the trees back on
there that should be there because they were part of that development originally so again that should be a positive weit on your decision some of those questions we can ask the respondents are here yeah yeah they're here so they may be able to answer what
those those type of questions any other questions for the arborist thank you than thanks thank you just see I'm Carter Round Tree I'm the President of General realy and investment Co Inc um I live in kargo but
the property is over on fer Avenue 532 West East Valor Avenue we've had a tenant there that is Chick-fil-A for 30 years yes hi Dennis bradin chickfila Temple Terrace 5302 East fer Avenue I'd like to say It was obviously a terrible
awful mistake that the trees were topped that was not intentional it was a mistake by landscapers they've never had one violation in 30 years of being our tenant um he's a model tenant I've never had an issue at all I feel like his property is always well-kept
and it was a mistake that happened and Dennis went through every single thing I talked with Ernie I talked with Joe multiple times he met with them in person and said exactly what trees do you want remove moved what do you want how big of the uh caliper do you want
and Dennis has done all of that found the trees that they wanted it's all landscaped if you go you'll see it today I was there it looks beautiful all the trees are in irrigation landscaping and he couldn't have been bent back over backwards more for whatever Temple
Terrace asked him to do yeah it was it realistically it was just a miscommunication and unfortunately they did butcher him there's no there's no disagreement there but it was all just due to a miscommunication between actually my general manager and the tree
person uh on that part of it because it was a cleanup after the hurricane it was supposed to be a cleanup not a not what they did and uh but again we understand that's uh it needs to look right and presentable right and uh that's what
we've done any questions I don't have any personally seems uh one question yes sir uh how much did you spend to fix this situation right now all said and done which I'd
have to separate some of the landscaping and reuling and everything else but uh right now I'm a little bit under 26,000 it's a lot of money yes it is but it's the right thing to do I know yeah thank you yes my
pleasure all right further questions okay thank you yes so this is I guess I have a question to the city and and and City attorney any guidelines I mean you have
is there is what would the city want us to if if a fine is imposed what what any ballpark number not really a ballpark we're going to leave that to youall but remember you know those three things you need to consider the gravity of the
violation actions taken by the Violator to correct the violation which uh has been testimony they did a lot there and then of course any uh previous violations by The Violator so uh it's up to 5,000 per tree but I we really want
you to factor in all those you know everything that was done uh your questions that were asked I think were on point and just come up with a determination per per tree or per V you know each tree is of violations so it's just a it's a very gray area for
me anyway personally I just uh it's it's like a d Almost a dartboard number I mean I don't really know well let's what have we what yeah discussion is for after a motion right like yeah
can all right um all right so I have I have a little discussion well let's let's do the they did not do anything well let's do the motion let's do the motion first do the motion motion first and then who wants to do the motion I'll I'll
I'll take the motion in case number uh 24 4673 I move the city is proven by a greater weight of the evidence the following violations of the city of templar's code on the property located
at 5302 East farer Avenue applicable code sections 12-7 71 this motion is based on the sworn testimony this support has received from the code enforcement officer along with any other evidence including photos affidavits and the notice of violation
all of which received and entered as part of the record of this hearing I further moveed the violation is irreparable and irreversible as defined by city code section 1-63 therefore therefore I move the fine
of $250 be imposed for each V well can I say $250 total as as opposed to each violation I think we have to look at it by the violation violations so $250 total I don't want to say per tree so
$250 total not to exceed $5,000 per violation how about $25 per tree $25 per tree per violation all right we have a motion do we have a second I second okay all right now now we can get to the discussion
part okay yes I just want to say I like how much work they've done after the fact um they've communicated they've done a lot I don't want to leave it at zero personally but at the same time they've done a ton and I respect that
and that's a lot so I mean I was more op for zero but 25 for three I think it's fair you know um so um I agree with you made that
motion all right different conversation if we weren't so eager to rectify with that it's uh it's they they they spend a lot of money they did and that's uh one of uh good attractions in Temple Terrace so we want to take care that's true
that's true is that the property today it looks very lovely clean absolutely is that all right to say it's my favorite one of my favorite re well said that I just need to conflict you out sure that you can be a
fair and impartial decision maker and just base your decision on the evidence that's here and not not even about this you know I think my kids eat there twice a week right okay but it was not intentional so that's the main thing you know it was not intentional it was
miscommunication and it's after Hurricane too so you know even the probably the uh landscaper did not know what they're doing so you oh go I was going to say regardless of whether or not it was intentional what matters is that on the back end and they took
sufficient steps to rectify the error and that's I redeeming quality they probably spent over close to $30,000 so which I didn't want to leave it at zero to start but at the same time I respect everything they've done and they've been very forthcoming they've been
communicative they've taken many steps to to get this done so that's the main thing I wanted to get to discussion so I had to throw a number up so we can actually I like the number you threw up there we go so ready to vote sir we ready to vote Yes sir right all in favor
of the motion say I I I opposed say nay no Nays so ption passes so you I think the total fine would be $250 correct okay uh no it should only be eight8 time 25 right we'll do 25 per
trade yeah that's each VI each tree is it own violation so 25 * 8 is 200 oh okay you said 250 that's why I was oh yeah yeah get one I didn't say 25 per tree 25 per tree total of 200 unique
territory all right we're all in favor so that that went better than I expected so thank you all right thank you next case next case is case number 24-
4597 City versus Matthew W and Kelly J Godwin for the property located at 8608 Beverly Drive the case is before the board based on alleged violation of section 12.86 inops outdoor storage equipment section 10-34 sanitation
prises clean and section 12 d508 accessory structures uses the case will be prosecuted this evening by code compliance officer Steve VA city has evidence that the notice of violation and notice of hearing were properly served right
good evening Mr Vice chairman and board members Steven Valley code compliance officer this case originated by fire chief Michael hwood hagwood and director Tom Bron on October 15 2024 after being notified of a fire in the rear yard which caused the fire department to be
dispatched their inspection noted a large number of miscellaneous materials supplies appliances and trash debris accumulated throughout the front the side and rear yard as well as a utility trailer unscreened from view in the front yard
as well as two storage structures that do not adhere to the city's proper setback requirements and an outdoor storage refrigerator due to the severity of the violations a notice violation was prepared I hand delivered the notice to Wayne Souther on October 16th 2024 I was
contacted by property owner of of record Matthew Godwin on October 28th 2024 and he explained that his brother Wayne Souther resides at the resident Mr Godwin asked if I could communicate with Mr Suther on bringing the violations into communicate into
compliance contact was made with Mr Souther at the residence based on the removal of of the trailer and a notable amount of debris removed an extension was granted my reinspection on January 24th 2025 noted the removal of a shed and some debris accumulation but the
refrigerator storage unit a shed and a large amount of miscellaneous material supplies appliances and trash debris continue to be accumul ated throughout the front side and rear yard I would like to submit photo submit photo evidence uh taken by me on January 24th
20 uh 24th 2025 exhibit one and two show miscellaneous materials and debris throughout the rear yards uh exhibit number three shows a shed that has been partially taken down with a large number of items still inside the site is not in compliance and I I am seeking a
ruling you may submit please so were any of the violations in compliance or because there's I think there's three here the trailer came came within compliance it was removed and which one is that's the
860 860 outdoor yes no the outdoor the trailer yeah that one's in compliance trailer no accessory structures uses is 508 the last one oh so two of them are out of compliance
and one of them is Inc correct uh I let me just clarify something the trailer was not brought to uh that was in compliance prior to uh the notice of hearing was prepared okay so the three violations are not the
trailer itself gotcha for yes the outdoor storage of equipment accessory structures and debris accumulations there three separate violations so they're all still out of comp yes okay I
got you came in compliance prior okay okay all right uh officer stepen um is this visible from the tree the street um actually no the we were actually able to get back there because of the fire what happened was they had a fire and the
fire department was dispatched and uh Chief higwood and director Brony were called on to the site and they were able to get in the rear of the yard and see what these violations was everybody safe like nobody hurt yes okay nobody was hurt nobody was hurt that's good
okay any other questions for code compliance officer has there been any change since um so I have seen him out there throughout my patrols yes just this this morning I went by he allowed me to go into the rear yard and I was it
was able to see that he had removed the other uh storage shed that was back there but all the debris that was in it it's still accumulated throughout the entire yard so um he he's here um and as well um Mr su's here as well as the other his brother and sister so are
these pictures an accurate representation of kind of what the is right now yes any other questions for okay all right thank you and uh we're ready for the respondents
respondent I am w other 8608 Beverly Drive um I've had uh lived here about 50 years and I've accumulated quite a bit of stuff I had three sheds pretty big sheds that were completely pull from front to back and um tore two of The
Sheds down and I do have the cooler that is emptied out there's nothing in it and I'm taking that one down now and I'm just trying to find somewhere to put all the stuff I've got I've got tools and just I mean right now I have thousands thousands dollars worth tools sitting out in we because I have to take every shed down
on my property so I'm working on it I'm doing the best I can with it I'm I've been working on it daily at day and night and I'm trying to get there just it's just overwhelming all the stuff that I have you know and and like I said
every shed had to be tore down and they were all completely full and so that's where I'm at right now so do you still feel like there's a fire hazard as far as is uh well I've already taken probably 10 truckloads out
and and got rid of it but a lot of the stuff that I have I like taable stops chop stws pressure washers just tools that I use for my work is all over the yard it's everywhere um could it be a fire hazard possibly yes but I had a
fire pit at my house and I'm no longer am burning fires there since we had a fire that caught some of my extension cords on fire and caught the fence on fire but I had the fire put out regardless I had fire put out before the fire
department got there but it was uh yeah it was mess so how long do you think uh know that's a question that's a question well I'll let you I'll let you I'll ask I'll let you ask the question how long do you think uh you can you can clean up this
yard well I'd like to if I could if I could get 30 days cuz I do have to still work and pay the bills and I'm the only one doing it I'm doing it by myself so if I could get 30 days I believe I could have it taken care of like I said I only have one more shed to take down and and
that's it's completely empty everything's emptied out of it I just got to take it down it's a walk-in cooler that I put and made a shed out of it it's a freezer walk-in freezer and uh I'm that's what I'm taking down now and that's the last one I have to take down
and just try to find somewhere to put all my stuff I'm not sure if I'm going to get a storage shed or if I'm could get with the city and find out what I can build because it was what I built was up against the property line I mean I've had them there for years years and years so I just need to find out what I
can do legally to where I can keep my stuff you know and have somewhere to put it um um uh the in the past uh I think the you you found some people that can maybe help him and I don't know if I I
can't recall exactly but some people refuse the help and some people will take like the boy groups that we get sir are really for overgrown vegetation over overgrown grass Financial hardships
senior citizens I don't think he fits the criteria for a volunteer group and the stuff that he has in the yard is valuable stuff what he's describing so I think that he needs to take care of the matter
himself okay and uh do you do you think in 30 days if we give him 30 days he'll be done or I'll just say the city has no problem granting 30 days okay but I'd like to hear what the brother and sister also have to say also okay before I
acknowledge that so okay you mind just shedding a little bit more light on this and say your name to the record please that's try my name is Matthew Godwin um I'm referring to the address 8608 Bly Drive um we we grew up at the house my mother passed away in May of 23 and then
my older brother Wayne Suther has been living there ever since um I live in Dade City and the house is basically we inherited the house after my mother's passing and so he's been living there and um it's it's really deteriorated since
23 and I I I haven't personally been to the property since November of 23 so it's it's a shame I mean it's really it's disheartening that my name's on it let's put that way
I'll say that you think you can help him probably not probably not was the distance and work and all that yeah I I'm uh yes my my my occupation I I work too many hours
I don't it's impossible um it's impossible the uh the distance is there there just there's a lot of factors there is just too much to express right here in this room but
um I I could try but the the communication process isn't there so it's it's very difficult when I I I can't it's difficult to communicate with him because I don't he never really he doesn't have a phone and I have to contact other relatives and then and then they don't respond back to me and
I'm the only one with you know with with other ways of communication and I'm not I can't I can't just drive top tears in the hopes that I find someone at the house to help so so you you own you own the house so right yes
sir well yes yes sir with the three of us we be on the house my mother left it in our names yes and he you're you were the relationship I'm I'm not I probably missed it brother it's your brother siblings okay I got
you okay sorry an sister right yes so it's a very difficult situation and I don't really have an answer for you honestly this should have been done a long time ago we've we've tried to speak with him regarding but there's always
something there's always something you know something there that can't ever seem to get it accomplished where the city would be concerned for his safety too and on that and as Tom mentioned he's got valuable stuff according to what he's mentioning
so you know uh lots of construction equipment well can after the fire is the house safe yes the the the fire that he's referring to is a fire pit out in the backyard oh okay okay that's what he's
referring to structure secure he can store things inside the house if necessary yes okay I assume okay I just want to make sure it's not like a a place where it's unsafe for people to live or no it's not unsafe okay okay and have you Tom have you had any uh
any complaints from citizen complaints of neighbor complaints of property I had one complaint i' rather not elaborate but I just had one complaint uh the day of the fire just so you know there's another case that's going to be presented
tonight for the same location they didn't have utilities so they had no water no sewer or no garbage account so I'm thinking if they had a water account they may have been able to extinguish that fire that was in the rear yard and due to not having the water account
or water they weren't able to extinguish it okay all right any any but the city has no problem granting 30 days I believe this is the first time they're here in front of the code board I have no problem
granting 30 days yeah you don't consider it's that the fire hazard isn't it sounds like it was a a fire pit fire pit yeah it's not there's not Defence C on fire but the structure itself is okay okay but there's no like pools or anything that okay yeah there's no
flammable materials there that could spontaneously catch on fire or whatever I'm not aware of any uh I was there with Chief hegwood that day I we didn't see anything flammable okay okay all right uh I wanted to ask the um the the one who lives there
uh again you know I know the 30 days but uh do you have a job yes sir I I I work for myself and do odd construction jobs and but I haven't been working in the past week and a half I just been steadily staying there just
trying to get this up right yeah I haven't worked at all for about a week and a half now which I need to work because I still have to pay the bills but uh I I can get it done in 30 days okay that's fair all right thank you that's
fair and just just to add um I was having a problem with the water because after my mother had passed I took my name to that case yeah that's the next that'll be the next Cas that'll be a different oh okay okay all right so uh any further
questions for have a seat yeah you can have a seat yeah all right so there aren't any further questions for anybody to the homeowner um would you remind me they're
all are well the gentlemen in the black um what's the your action plan again to remedy this in 30 days I just uh down that I have and is just to find
somewhere where I can put all my stuff that I have all my tools and everything I would like to build something there to put something on but like I'm not sure we're we're going to be selling the house so it's I might just take everything somewhere else all my tools that's worth money I try to keep them
close by me because there is a lot of money there and I don't want to lose my stuff but uh I I just got to find a place to put my tools and stuff is the main that's pretty much all that's left is tools and there is some trash still there that I'm getting out of the sheds when I'm going through the boxes and
taking everything that I'm going to keep you know and the rest of the stuff I've been just throwing away and taken to the scrap yard I got it was overwhelming how much stuff I had it really was it was totally overwhelming but I I can in compliance
within 30 days I can get it right right anything else any other questions okay all right thanks you can can be seated again so all right so now we're look I'm just looking for a
finding I'll do it okay in case number 2445 97 I hope that the city has proven by the greater weight of evidence of weight of the evidence the following violations of the city of Temple Terrace city code exist on the property located at 8608
Beverly Drive with the applicable code violation section 12-8 60 and section 1034 and section 12508 this motion is based on the swor
testimony this board has received from the code enforcement officer and along with any uh other evidence including photos Abid David and the notice of violation of which received and entered as part of the record of this hearing I further move that the Sid violation be
corrected on or before uh March 12th 2025 if the respondent does not comply with this order on or before the day they are ordered to pay a fine for each and every day the violation continue past the date set for compliance upon
the considering the following factors the gravity of the violation any actions taken by the Violator to correct the violation any previous violations committed by The Violator I move that the fine be $50 per day have a motion have a
second I'll second any further discussion on this particular so no extension then where we having a finding he gets to 30 days he gets 30 days and and there's three there's
there's three different violations so 50 is kind of light cuz normally we do 25 per yeah that that is fair you are correct I I tried to be fair for him and you know hopefully he'll work hard well when there's family involved and we we
get understand all of that so I I think 30 days is reasonable too because I think in this case I think we want to we want to be on top of this and monitor and he insisted he progress in 30 days so you know I okay okay like give him the good faith all right you ready to
vote Yes sir all right all in favor say I I any oppos nay no Nays the motion passes so just so you understand uh it's a $50 a day fine but it it it won't it won't go into effect until 30 days from
now from today or March 2nd March 12th excuse me so so you have 30 days to get basically to get this problem resolved if you are unable to get uh the problem fixed between
before the next meeting you're welcome to come back up here and give us a status and tell us why you weren't able to complete the uh you removing the or you know just get getting the items taken care of so U there's no guarantee
that we'll that we'll approve it but you can come back up and ask and and just ask for an extens another extension okay yes sir right thanks I think we're done with that one so next case next case will be case number 24495 City versus Matthew W and Kelly J
Godwin for the property located at 8608 Beverley Drive the cas is before the board based on an alleged violation of section 22- 91 city garbage service required section 88-102 2 MH hot water hot and cold water and section 88-102 1 MH
sanitary facilities case will be prosecuted this evening by code compliance officer Steven V the city has evidence that the notice of violation and notice of hearing were properly served right good evening Mr Vice chairman and board members Steven Valley code compliance officer this case this
evening originated by director Tom Bron on December 31st 2024 when he advised me that the struct occupied with was occupied without required water sewer and garbage accounts as well as two inoperative vehicles that have no tags in the front
yard based on the case history of this property a notice of violation was generated with the date of January 24th 2025 I posted the notice letter at the front gate and requested copies to be sent out certified and first class mail I also requested a copy to be posted at
the electronic board at City Hall for the 10-day requirement my inspection on January 24th 2025 noted that the vehicles have been removed off the property but the utility accounts was still showing delinquent I would like to submit photographic evidence taken by me on
December 31st 2024 exhibit one shows the posting of the notice violation um also as of February 3rd 2025 the utility account has been activated therefore I would like to submit an Affidavit of compliance for the utility account which which one is the utility account that's
the excuse me it the all three of them all three of them all three of them okay water sewer and all right boom okay boom right awesome like that yeah please submit all right well if it's a complied
violation I guess we can just go ahead and well unless you unless you have questions for code enforcement officer or if the uh respondents would like to okay absolutely okay it's the same property right right exactly the water and and
stuff got turned off and I signed my name off the house to my brother and sister for just un for other reasons but when I took my name off the house I went to the city the city would not turn on the water and the electric I mean the water and the sewage so uh the man that
lives behind me his house is empty I hooked his water up my water and I've been paying that bill ever since I haven't did I didn't get sewed because I mean uh garbage because it was at my address and I ran a pipe from his place to my place which I was paying for Fe to
City the account I believe is still open I still have that account open but I need to close he needs to close that but uh the city wouldn't give me water because my name was not on the paperwork anymore and I didn't have a lease and the city said we can't turn it on for
you that's how that happened so finally I got that straight but I have had sewage I have had water I've had that the whole time it's just I had it through another the property next door to me because the city wouldn't turn it on okay but everything is on now and
yeah it's been on yes okay okay easy enough all right well thank you thanks for your explanation this is in compliance the the three violations in compliance yeah all three are inance so we're looking for a finding
all right got it okay all right in case number 24- 4950 I move that the city has proven by greater weight of the evidence the following violations of the city of Temple Terriers code did exist on the property located at 8608 Beverly
Drive um section 22- 91 section 81022 and section 88-102 subsection 1 this motion is based on the sworn testimony this board has received from code enforcement along with any other evidence including photos affidavits and
the notice of violation all of which is received and entered as part of the record of this hearing I further move that there be no fine imposed because the violations were brought into compliance prior to the date of this hearing we have a motion can I get a second second oh um okay any further
discussion on this so um all in favor say I I oppose nay no a motion passes so thank you all right
thank next case next case is case number 24- 4789 City versus Temple Terrace Village Incorporated for the property located at 10910 North 56 Street the case is before the board based on an alleged violation
of section 12- 768 A1 tree unlawful removal the case will be prosecuted this evening by code enforcement officer Tom Bron the city has evidence that the notice of violation and notice of hearing were properly served good evening Tom Bron Code Compliance OR7
just okay right this tree case this evening is an irreversible irreparable violation that originated by Temple Terrace or Aus Joe Ferris on December 11th 2024 when he observed an unauthorized o oak tree removal at the
Captain Plaza City AR Joe Ferris notified officer Smith and I were also present that morning to observed the unauthorized tree removal later that morning officer Smith prepared a notice of violation and a notice of hearing the
officer the the owner of the plaza Trent gas was present at City Hall to see Mr Ferris about the um to rectify the violation at which time I issued him a notice of violation notice of hearing at
this time I'd like to submit photographic evidence of the violation taken by Joe Ferris on December 11 2024 exhibit number one shows a topping of a 24 dbh oak tree and exhibit number two shows a 30in oak tree topped as well at
this time I'd like to submit May submit I [Music] the unauthorized removal of these trees was not damaged through the hurricane as well just to let you know and the city oper is here tonight to answer any
questions and the pictures you showed us were after the the toppings I assume those yeah that that's uh after the topping yes and then Joe and I spoke and we re we allowed them to remove those two trees because at that point the
trees would never come back anyways so we allowed them to completely remove those trees so was two trees in this case that's correct uh Tom I see debris on on the side here that's the tree debris that they took down they took
down yep we we caught them in the act of cutting the tree down oh they were doing the topping yes that that thing yep that's the canopy of the tree in the parking lot okay you know if their intent was to remove the Trees of uh was
that was there you mean the question was was there an intent to remove the tree completely right oh yes okay oh yeah so okay got you I imagine they're here any other questions uh well yeah we're gonna let
Joe who here Joe Ferris needs to speak to you next and then the nephew can come up uh he'll speak in behalf of his uncle okay okay all right thank you good evening again Joe Ferris City
Arbor so as Tom had said the two trees that were being cut at the time I drove by were two grand Live Oaks and when I stopped to talk to the tree service as to why they were or what they were doing they were hired to remove both trees on
the back side of the signs um and as we said we did the notice of violation Mr Goss had got I think I said that right go um got in touch with me came into the office to discuss how he could rectify this situation and mitigate the trees
looking at the location and what was able to plant and wear he had asked suggestions I had indicated that little gem magnolia would probably be the most appropriate in this situation um based on those two trees I
had determined about 18 trees as mitigation but in the same case as the one earlier if they upsized the container size for the little Jes that would count as um double doubles so it would have been nine they would have um
been required to replant he was more than willing again to cooperate to rectify the situation and do whatever it took to mitigate these trees ultimately he ended up planting 14 Little Gems along the parking lot between the
sidewalk and the parking um uh as well as uh replace any shrubs that were either in or um adjusted for the new plantings um so I do have a couple pictures like to submit of what was
planted um it's definitely increased the the look of the plaza unfortunately it ended up that way because of the loss of the trees but they did an incredible job to mitigate that was more than willing to work with
us again so again for those two trees and fines please take that in consideration their willingness to work with the city and rectify and they did an incredible job it looks better than it probably did before I think in in a previous case you you indicated that
they there there were some irrigation work involved was it yeah same thing here they've got the irrigation lines out there it's all taken care of Y can I ask sure uh would you have considered those trees healthy prior to this yes
yes okay so like no risk of obviously there's always a risk but yeah it was the ball was just dropped because they never called the contact you know had they called and we went through the right process the permit would have been done but mitigation still would have been required if it was something that I would have approved so we probably would
have gotten somewhere close to what they did now it's just okay it was done the cart was put before the horse M essentially all right so any other questions to take a look at the again uh there were two trees two
trees two grand size so that that's where the factor came in for the Mount of trees because they were Grands they were over 24 in which is our our determination of a grand so one was 30 in and one was right at 24 in wait wait till the all right so I
thanks Joe all right so the respondents are here I okay or respondent good afternoon uh Trent McDuffy uh 10910 uh North 50 stre 56 Street Tampa or Temple Terrace Florida uh I'd like to
enter into the record of letter of authorization for me to speak on behalf of the ownership uh as well as respond to any questions and then I'd like to read a letter uh from the property owner himself that would be okay you need to verify
and I believe uh Mr gross indicated to you that he would be here to speak I was aware of it okay so we're all good with the yes okay all right uh I'm going to read a letter uh on behalf of Trent gos that he had Wroten or written uh to the city of
Temple Terrace and the code enforcement department I would like to say a few things regarding this case it was not my intention to circumvent the rules regarding the removal of these two trees hindsight I should have insisted the tree company check with the city prior to the removal in a moment of haste I agreed to the removal based off a
conversation about their health and leaning from the recent storm regardless of these excuses I take responsibility and like to apologize for the issues it has caused I have tried to move very quickly with as many replacement trees of the largest size available for the area we have along 56th Street My Hope
Is that the replacement Landscaping is looked at as an improvement through one of the main corridors of the city I would also like to say or take a moment to thank the code enforcement team everyone I spoke to and met with was very helpful and approachable to work with as a commercial property owner throughout the state I appreciate all
their efforts to keep our city from falling into disrepair disrepair and blight we have been in the city since 1998 and have seen how far things have come and look forward to its future and being here for another 27 years or longer thank you for your time on this matter here tonight sincerely Tren C uh
if you guys would like and then I'm willing and able to answer any questions you guys may have sure so guys anybody have any any questions yeah um do you have any idea how much he spent to uh correct this
situation and uh comply with what uh the requirement of the offers uh y it was uh just shy of $199,000 $8,950 okay all right thank you okay any other
questions all right thank you thank you guys thank you so I guess we're ready to take a for a finding on this particular U I guess I'll uh number two uh in case number 24-
4789 I moveed the city is proved my greater weight of the evidence the following violations of the city of Temple terrce City code exist on the property located at uh 10910 North 56th
Street uh applicable violations of was it 12- 78 uh subsection a subsection 1 this motion is based on the sworn testimony this board has received from the code enforcement officer along with any other evidence including photos
affidavits and the notice of violation all of which is received and entered as part of the record of this hearing I further move that the violation is irreparable and irreversible as defined by city code section 1-63 therefore I move to the fine of I'm
just going to say $250 cuz we were not given how many trays $250 be imposed and that's that all right we have a motion can we get a second second all right so we want to start the discussion phase so he did say there
were there were two trees but they in the the one photo there were arrows of numerous trees that were replanted I don't I don't remember mation ohes removed okay so if we did 25 per
tree before so it was only two yeah all right so I will amend that to 25 per tree so $50 all right well um we need we need a second on I I I think back my second on that well I'm my my U discussion with
this uh it was complete intent of removal and uh you know I I like everybody owners of homes owners of plazas owners of businesses to be aware that this is a simple process as as
Ferris said they could have just went ahead and went the right way and not intend to cut it and and that's why I agreed on the 250 which be in light I was thinking about 500 because it's 5,000 per tree so it's
about 10,000 so my my argument is is totally different than the previous case because the previous case had no intention of cutting or removing the tree it's just a miscommunication this is was not a miscommunication this
was a complete removal if we get caught we get caught and however they planted this is this we count if we count how many they planted yes I AG of 10 or 12 they made it look better and I I took that in consideration I just wanted everybody to
know as residents and owners of businesses as Tom maybe supports that to know there is a right way and a wrong way so you know and I don't want to make it lightly $50 that's going to be very little I I will agree with you I agreed
on the 250 and I thought that was light so I'm I'm honestly okay with either and if we go back to 25 per tree if we go to 250 total I'm okay with either because I want as you said people to follow the
process yes and Temple Terrace has a process and if you're going to work here live here do business here you should respect that so I'm okay with 250 I I I I'll second that motion
and I'll second that oh we got two seconds okay is that and I think just real I'm sorry real quick uh I completely Echo your sentiments rod and I think that if um when we are working with respondents who are very compliant with the city and put the best interest
of our community first we can have an approach that takes into account all of the spending that they did to mitigate the situation but I I do agree that we have to make it pretty clear that there's a protocol and so I I completely
you echo echo your sentiment all right so vote on 250 right I think I think so it as we don't if we're following the Roberts rules of ORD do we need to have another motion and then I think it'd be I think we should make it clear uh just go ahead and repeat your I
will repeat amount uh the whole thing no just the amount 250 flat a second okay goe I'll second that okay all right okay all right we're ready to take a vote on this one all right so all in favor say I I oppose nay
no Nays all right so I think we came to a good conclusion here so can we take a five minutes break uh certainly a motion to have a well let's let's let's finish the motion this one and then okay did you have any did you have any other
questions or comments clarifying with him but I think I'm all good uh you know understand everything as you guys have said okay yeah it be a flat two $250 fine for the fact the trees were removed okay okay all right okay you guys much
really appreciate your time all right thanks and then and we're going to take vote did we take five minutes no we took a vote we took a vote we yeah you're motion to have five minute five minute break okay and you read my mind
e e e e e e e e e e
e e e back back to business all right next case will be case number 24- 4665 City versus Thomas and Linda Beckman for the property located at 610 hwood Avenue the cases before the board based on an
alleged violation of section 8-28 A1 permits app required the case will be prosecuted this evening by code compliance officer Doug Allen the city has evidence that the notice of violation and notice of hearing were properly served good evening Mr Vice chairman and board members Doug Allen code compliance
officer this case was originated by Community Development on November 15 20124 for construction of a shed without permit I went direct to a notice of violation on that date with a reinspection date of November 25th 2024 posted notice at the front door and
a copy was posted at City Hall for the 10-day requirement on the electronic board and copies were mailed both regular and certified mail to the owner of record my reinspection on January 30th 2025 showed no change so I prepared a notice of hearing and scheduled the
case for the February Municipal Code board meeting I would like to submit photographic evidence taken by me on November 15th 2024 in a screenshot of the stop work order and also a photo taken on uh February 10th 20
submit exhibit number one shows the notice of violation posting exhibit number two is a screenshot of the work without permit stop work order and exhibit number three shows a photo of the shed the site is not in compliance and I'm seeking a ruling all
right while we're circulating do we any questions for the the photograph V enforcement officer yeah I just want to see the photos yeah we just wait because the photos aren't coming through on the screen yeah the screen shot we don't really have a photo of
the that are being handed so the shed is the ready should I ask question yeah please that's what I said the shed is the type that you did a good I have no idea about the shed sir all I know is that Community Development contacted us and said that we needed to post a notice
of violation all the questions regarding the shed would have to be directed to the building official so it's it's it's not the one ready you can just buy I have no idea what it is maybe questions for the building officials okay so we need if unless there's no any other any
other questions for the code enforcement officer we'll we'll bring a building inspector say it again building inspector the building inspector the building official official oh sorry it all works the same okay yeah
as of now there's not been a permanent application received for the shed that's in the rear yard if the shed is assembled in any way it is requires a permit if it's a pre-assembled shed brought in and dropped 150 s foot is where they do not require permit unless
they larger than that has to be more than 150 square ft to need a permit can you say your name too oh sorry yeah oh Dallas a building official so this is one that's being constructed from what from Matthew my
other inspector is the one that did see this it was being constructed he said okay so as opposed to like literally a crane crane dropping you know they come in like um the Tough Shed comes in a flat bit and they just take in the backyard and
set it down as opposed to like you buy it from lows and assemble the way the code reads if you assemble it in any way it requires a permit okay you brought a preab you just stood the walls up and bolt it together yeah needs a permit no matter the square footage do we have the
resident here yeah I think the here yeah all right so you know any other questions any other questions uh would it permit what permits exactly would be required as far as like spacing from the it's they have to submit for the shed
show us the evidence the design of the shed and everything else the engineering of how it's going to be built well as a site plan for it on the property to meet proper setbacks do they need like engineering to do that or just could they draw up sketch it depends upon the
shed there's some shed you can purchase at Home Depot or other locations that are Florida product approved the state certified right if it's that we don't have to have the engineering because it's already been through the state certification but if it's a I'm just going to build it on my own then you
have to have an engineer design it because it has to meet the hurricane codes and everything else for that time so if they bought it from Lowe's or whatever they could submit the whatever spec pack yeah yeah okay uh one more question does it require a slap or can it sit on the ground on the some of them
come in on metal skids whatever but they do some put uh Turf block a concrete block and set it and anchor they do require are required to be anchored down some anchor yeah they use similar hurricane anchors or that's what I'm getting at you know so
there's certain Anchorage requirement because of the we we are in a hurricane susceptible area we don't want the shed going from your yard to three houses down the road it needs to stay in your yard yeah that's true but all that would be discussed as part of the permit part of the per process process right okay
any other questions all right thanks so respondents are here so I'm going to give you the spect name and address oh I'm sorry sorry Tom Beckman Linda Beckman 610
Hollywood Avenue Temple churs right thank you so okay do you have some this is this may not mean it doesn't mean anything to me but it's a sheet for the um right I I'll print out another one for myself
but what I'll do is I'm going to hand this to the building official yeah it might mean something to him my question wait let's I think they need to they need to give us their oh okay tell us tell us the story I'm not
sure what um what he was saying about the uh uh building on the property I mean this was this is just a one piece thing and uh they come in with a forklift of some sort and they take it off the bed of the
thing and set it down and anchor it down and it's been through two hurricanes you know already so I know it's not going anywhere but well and it was also we did a lot of um research on sheds beforehand
so um we know it's a good shed but it was a $4,500 shed it's um a 10 by by 12 is that correct yeah 10 by 12 uh and as a matter of fact while we were getting
this um transaction we asked about permitting and the man said oh where do you live and we said Temple Terrace and he said you don't have to have a permit in Temple parce if you have well he said for the size of a ship size just took
their word for that but um so they had been there a a couple of times we had a new roof put on in the meantime so they were out there for that we had new windows put in the you know so the city's been out there and and it kind of came out of the blue I didn't really
know what you know what that was all about but well you know the thing that I would say is when I looked at the the sheet that said the things that we would need to take care of um I actually thought once we realized that it was too
close to the lot line I thought you know I kind of thought that at the at the same time but we assumed that they knew what they were doing um so we are good citizens of the community and we want it to be the way it's
supposed to be so we have no problem at all getting um a survey and having it to you know realigned and um and permitted however the one thing that we didn't
have that we did have a problem with is apparently there's something that says that it has to be taken down which that's fine take all the things down but then it has to be reassembled it has to
be assem reassembled and then assemble and then reassembled so I just I mean you know they could look through everyone and see that every bolt is floated I just don't understand
the need to completely reassemble this is what someone in permitting told me once when I got the first uh uh notice to stop you know work stoppage or whatever it wasn't really any work being done that would usually mean that you
know you're out there building it which that wasn't the case but um so so I went to find out about the permit and then that's when they told me yeah you got to disassemble it ler all out there and then they'll come and look at that and
then reassemble it to put and it it's not something like it's it's fewer than six months old plus you I think you said earlier that this was not assembled on on on the property it was delivered it's so I
don't you see these shed places around you know that's yeah you know can we invite Mr fos back to the microphone because I think he can clarify for us yeah cuz I'm not clear on what yeah exactly what the vi with that too because just making sure we're all on
the same page yeah because if it has the specs it's a very simple process as the specs you know the whole time speaking well that's the only thing I'm hearing a 5 foot setback requirement that maybe
there's no 5 foot setback requirement but it's under 150 square ft it's 10 by 12 it's brought in by a forklift so everything required so far does not need need a permit but it doesn't if it has doesn't have the setback requirement
which is 5T right then that would be correct that would be a different that would be a different violation corre right you'd have Board of adjustments that would well no let's not even go there no it would be a different violation okay oh okay okay Mr F can you
kind of explain why you were shaking your head so it can Dallas needs to speak if this was a pre-manufactured shed that's like you stated 10 x 12 it does not require a permit to install it it
does require to meet the proper setback oh setback is 5T off the property line side rear if the peak of the roof is 11 ft or less if it's any higher if it's 12T you increase the offsite by one foot instead
of being five and five and go to 6 six 7 s depending on how tall the roof is so it sounds like the only thing is sounds like it's the we just got to shift it that we're talk yeah just got sh we get it shifted we're good okay so
it's not what I hoping it was let me talk Tommy Dell for a second sure yeah yeah please thank you I could just see us with there with you know so we don't need a permit for this no not if for nuance it doesn't sound
like it to me that they even need a per for yeah so that's this is okay with y'all I I would recommend we continue this case for 30 days it sounds like it doesn't need the permit sounds like they need to move it and then within 30 days might have everything squared away and
may not have a case Okay so if we can just ask you to continue the case for 30 days and see if it can't resolve perfect that should be no problem will we still need a um a survey no no
won't be get better and better maybe a tape measure a tape measure tape measure from the from the fence maybe I don't know well see the people who install it's probably on this information probably 10et I would think so you know on all
sides that's all they said so that's what we did I know where I fit in 5 all people struggle I can depending on how far I all right so now we now all we need now is just to do a continuance which I don't we don't have a script for
that so I think we we uh we motion to continue case 24 you got to read the whole thing okay have a continu motion here I don't think we do I think we got into we had we can add Li I think I can add use
the case number and the address yeah that's it right motion to oh yeah probably 10t looking at this 5 I'm 65 I can guess problem is we can set the pl show an 8ot Wall height oh
one so the pit we yeah probably 10t yeah I guess so how far should we push it back okay easy peasy we only got two more feet to go we're gonna all right let's
let's got you and your uh all right your Tom well I should be able to remember that okay okay a good night you too are we done almost wait till they continue wait till we do the motion to
Contin in case number 24 uh 4665 uh for the location of 610 highly at Wood Avenue I move that this case be moved till um uh for a continuous till
March 12 uh 2025 till to see if it's is going to be resolved I have second that motion okay we have a motion we have a second all right any further discussion with this one no all right so all in favor say I I
oppose nay no Nays so all right so I think I think we've we're g to give you guys time to get this resolved with the city and yeah they'll just have to well I'll just have to get those guys cuz they got to drill the holes and anchor it again so you know whatever that is
involved thank you all right all right well thank you folks have a good night good night how next case we going to next case yeah next case next case is
case 24- 4804 City versus Victoria Terrace Condo Association for the property located at 5891 Grandville Drive the case is before the board based on alleged violation of section 12- 76 8 A1 tree unlawful
removal the case will be prosecuted this evening by Cod compliance director Tom Baron city has evidence that the notion of violation and notice of hearing were properly served good evening Tom Bron Code Compliance this tree violation case is an irreparable irreversible violation
that was originated by Temple terrrace City operis Joe Ferris on December 11th 2024 um I did request officer Lori Smith to prepare a notice of violation a notice of hearing for the removal of
three protected oak trees without permission from the city officer Smith did contact the property manager Cam Clark while on site that same day advising him of the unauthorized removals of the three protected trees
that same day officer Smith prepared a notice of violation notice of hearing which she posted at the site uh the violation requested copies p sent out certified in first class mail she also requested a copy be posted at on the electronic board at City Hall for the
10-day requirement at this time I'd like to submit photographic evidence of the violation taken by Officer Smith on December 11th of um December 11 2024 I'd like to submit at this time sir please
submit copies there right so exhibit number one shows the notice letter posted at the community pool um exhibit number two shows the tree stump of 18 inch and 30 in
dbh um exhibit number three is the same as number two it's just a different angle of the photos and exhibit number four shows the tree stump 36 in dbh City offers Joe Ferris is here tonight to answer any questions and
again this was not caused by Hurricane Milton you have any questions for me maybe Joe can explain to you maybe what dbh means while he's up here so maybe he can educate you on that so these trees were removed they weren't there's no topping or any of that no
this was completely removed yeah uh I have a question yeah in exhibit number four there is a sidewalk there the tree is on top of the sidewalk the root system um is on place on over the curb
of the sidewalk yes okay or the curbing it's not the side it's the curbing yeah and there's no letter from an arborist or a a whoever that's that's a question for Joe feris answer we're just the enforcement
part got it any other questions for code enforcement director all right okay I think we're ready for Joe Joe you want to do your spe maybe explain to them what dbh means sure okay yes please
Joe Ferris city arbest dbh is the diameter at breast height so that's your normal that's the standard for measuring the the size of the tree so as Tom had explained on the day I was notified that the trees were removed I went out to the site to
investigate what was what they were doing there were three of them that had been removed in the same area um a I believe it was B to Bay Tree Service was there removing the trees at that point they were gone it was just the stumps as you saw in the photographs so I asked
them why they were removed he explained to me that they thought they were in Decline and proceeded to show me pictures of the trees um so one I do not evaluate the health of a tree based on photos that's not the
appropriate way to evaluate trees do I was never called to look at the trees there there is that slight chance that IFI had been called and they were in a condition that they claimed they were permitting may not have been uh uh
required for it I may have wavered that I may have said yes you can remove and permits are required but I never saw the condition of the trees and again that it's not the proper way to evaluate the trees by photos um we had also then
walked the site looked at some other trimming that they were doing which was within the sizes that doesn't require pering there was another Tree in another location that they were scheduled to remove had some damage from the hurricane but I required them to get a permit we were beyond the point where
the city had lifted the band for one month after Milton where any Grand siiz Tree could be removed without a permit as long as myself or representative had visually looked at the tree and said yes this is damaged it needs to be removed
the tree service did in that time period after I was there within a week or so uh got the permit to remove that tree the only person I had been in contact with was the tree service um I was requiring trees to be mitigated in the same case
as the last two there was an x amount of trees that would be required to mitigate but they could reduce that again by upsizing the trees as of today I haven't seen any trees replanted out there okay well and the only other option would be
and you'll know it it was house bill now that doesn't apply to this situation that is strictly for and I have a copy back there that is strictly for residential it's specific to residential property only single family residential thank you this is multif family so that
wouldn't apply to have an arborous letter for the removal of the trees perfect or report as it is how many trees were removed three total that were removed all right and then and there's been no have you had any conversations with the property owner as far as no
just the tree service um that that's the only one I've been in contact or that's been in contact with me so there's no as far as you're concerned there's been no attempt at all to to uh mitigate in any
way either by monetarily or or through planning these Tre nothing nothing yeah no just out of curios could they um thank you uh could they plant more trees in the area even knowing the root
system is still there right they could still plant yes okay they could okay and those root systems aren't going to deteriorate the growth of new no no as long as you don't plant right in the exact same spot where the tree was would recommend to go there whatever is left in the roots will
eventually just Decay and add to that soil and enrich that soil it's food for any nut tree okay or any other trees that are nearby that those roots may take that nutrients from perfect yes first um you indicated at the beginning
that uh they said it's deteriorating and we you know so they were incline or they thought they were dead yeah but you did not see even the ones they no the trees were already moved so already completely removed you just SE those thumps and
that's the the process is for me to evaluate those you know to see that before before they did it's it's a guess now I mean if I'd seen them before maybe they wouldn't have needed the permit that would have been my call when I'm out there or the condition of the tree or said yes the permit and you have not
seen them but I didn't they was they were cut and all they had photograph showed you some photographs of yeah which again is not the proper way to evaluate a tree for the condition of the health is on photos it's just not how you do it so obviously we can go up to $5,000
per tree and I do want to add that in the past I have it's been a few years probably three four maybe um been asked to this property to evaluate some trees I had approved them and permit was pulled for those so it had the process the way it's
supposed to be done has been done in the past so they were aware of the process they just for whatever reason they decided not to follow it this time correct So based on the condition of the I know you don't want to go by pictures but based on the pict pictures is there
any anything we should do to to mitigate the the the the potential fine for these guys is there any in terms of reducing it below 5,000 again it's hard to tell by pictures I I didn't see the trees to see you know
it's it's to evaluate it properly is not buy photographs okay you don't get a full picture and you're not walking around the tree to see the condition is it at the base of the tree is it at the roots of the tree or the canopy what's the condition of it is there
rotting limbs that are falling but not seeing any of that and and there's been in the past where it's trees have been completely dead and I don't require the permit but I at least have had my eyes on it I've noted that and I have documentation if anyone ever questions
why did a tree come down and you said these were Live Oaks I believe they were Laurel Oak okay yeah and big big dime it the yeah there were two of them that were Grand size one was a smaller was like 18 in wasn't quite and what would have been your
requirement how many trees as you said it was G I had 25 trees or 12 if they upsized 12 if they do the double okay yeah and that's your talking almost another $330,000 probably yeah to do that yeah I
I don't know what the cost would have well depend on the depend on the type of tree that that would have been replanted do the property owner ERS typically contact you I mean I'm just kind of curious sometimes the property owner will sometimes it's the it's the tree service that will contact me one or
the two will call and and ask me to evaluate you know I've got concerns we'll talk about it and I go out and I'll evaluate it and then go from there so it's done sometimes either way just depending and so after the fact that that they still hav contact nobody's
contacted you after the I have not no one's contacted me from the property owners do we have a respondents here I don't know oh okay sorry maybe I'm I didn't realize you guys were back okay all right so any any further questions for the arbor City Arbor thank you f all
right okay so thanks Joe all right so respondents respondents are the floor is yours this is to the ask of course yeah I actually have a copy too can explain some of that um these are um submitting
B wasn't a evidence or what have you um good evening uh Stan row I'm general counsel for uh Victoria Terrace comum Association address is 5891 Grandville drive and I'm Cam Clark I'm the property manager um so um I know what you guys
just had just heard um the issue here is there's a miscommunication with the tree company itself um the pro as he mentioned there was Prior uh permits pulled for trees three or four years ago that was a different Tree Service uh the tree company that removed these trees
was under the impression that 16345 applied um in this situation and if he deemed them to be dangerous to uh property or uh persons they could be removed without a permit um so that's what happened as soon as we were made aware uh as soon as he was made aware um
and cam were made aware that we did need a permit um they immediately have now like as mentioned they have now um sought permits for multiple trees that have been removed since the reason why um there has not been any trees planted yet is because the last trees uh to be
removed were just removed last Friday so one of the documents I uh gave Mr Mueller here um is a quote uh for both uh options of 25 3in trees or 12 uh 12 um sixin trees um at the prices of
12,500 or 16,800 which the association fully intends uh to do but as I said the last trees were just moved this past Friday um so in order to actually plant the trees strategically so it best benefits the property the city what have you um we wanted to wait till the actual
removal efforts were done um so we this was not intentional whatsoever um it was negligence on the part of the tree uh company itself um we are very sorry this happened um in unfortunately was in the wake of hurricane Milton uh the trees
another document I just handed the gentleman was um something a statement from the arbor saying the trees were like I said harmful to property persons and that's why they were moved so um Waker hurricane milon um and we um are
simply seeking to make this right by planting either 25 uh 3in trees or 12 6in Trees preferably the 12 6-in Trees um I can say the association is going to go with the 12 Trees just so that we can actually get them placed in an area where they're not going to be a uh
concerned for uh damaging property or persons trying to put 25 smaller ones we're just setting ourselves up for down the road to have to take more trees down so the plan is to go with the 12 um larger trees and to get them placed in areas where they're going to be able to
stay and grow to maturity and not be in a way or next to sidewalks like one of the ones that was damaged um that was removed and which is actually the more expensive option by $4,300 too so we're not trying to pinch pennies here we want to make it right um and um go on and as
I've said we we have requested permits and will in the future um absolutely it was simply oversight by the Tre well and I will make sure that uh any tree vendor moving forward that does tree work in the association emails me a copy of any
permits prior to removing a tree um I I I I take fault on that but I I I leaned on the vendor to make sure they were following what the law was so so the tree service like you said earlier he they misinterpreted the the statute the
state statute correct yes uh yes sir because in 2022 the statute changed you only apply to single family homes um so he was still operating under the 2022 version so um he should probably not try to practice law yeah he called me he was just like no I got I got this just like
if they're saying you need a permit then just stop everything get get the required permits and we'll we'll address this accordingly and and he did reach out to Mr Ferris and did get um The Proposal um I did I did reach out to Mr
Ferris and left a message um I didn't get a return call but I didn't follow back up with him either or try to contact him again either so I'm not putting that on him or anything I figured I already got the proposal I got what the mediation needs to be to to address the issue
so I I just wanted to comment this is this is very good thing to hear because I I can see that uh uh they had no intention this is to me the very important thing is the intention so we really appreciate it and
you have a plan that's in going and it's going to go for you so appreciate it that's we got to say the good and bad but you know yeah I mean Lori has my cell phone up yes so whenever she comes through and sees something she lets me know we work very well together I manage a couple communities in the area so I
mean I I I mean I I do their job as a property manager so I mean I I understand why I'm here why we're here uh I can tell you that I will make sure that any tree is that is removed um a permit is required or even if I'm told that a permit isn't needed I can reach
out to the to them because I know there's certain trimmings that can be done without a permit if a vendor does tell me that I'll I will do my due diligence and follow up with the arborist to make sure that that is correct prior to anything being done while you're still up here I just wanted to ask the City attorney if there are
any concerns with the contract the contract that you saw as far as what what they're planning on doing is there any legal issue with I think that's really going to be a better question for Mr Ferris he's he's had a chance to review it um he can indicate whether he
has a I just want if the city like mitigation plan he spoke to you about everything that was what I was trying these are the two options that we have yep so I meant that I'm sorry what was the question does it satisfy the city does that satisfy yes this would definitely satisfy the city okay okay
thanks and the only thing I want to add just call me next time directly I'll get before we leave I'll get that way I when you were asking about how it's the process is done this is where Property Owners kind of get left hanging with everything because if they rely on a
tree service who's not correct on what they're telling them and just based on that this is where we end up with that situation so I'll get this is for anyone that's out there listening if you're the property owner call me first first don't rely on the tree surface verify with me
first before whoever you hire uh you think also through a process of Permitting now it's to show you a plan similar to what we've seen in the past were they going to plan those uh whatever 25 yeah just a basic something
and you know areial of the property you show because this is quite large property and there's a few open space areas where things could be planted that but nothing has started yet yeah nothing hasn't started yet we just finished removing I I believe after this happened we had to get like four four more
permits I believe last Friday the last tree was removed so now what I need to do is go back and figure out all right I got 12 I need to place let me find the areas I'm thinking one's going to be right and the community is right across the street so you've gotten permit since
all of this oh the minute we found out about this there was like three other trees that three or four that needed to be removed and I told them NOP you gets and don't touch anything and until you get the permit so that's that's what PS things a little bit farther and I didn't want to start any new plantings until
everything was done and we could actually get a good plan and they just give us a timeline how long it's going to take before the planting of these trees if you can give me 30 to 45 days I'm going to get this approved and get the ball rolling on it right away so I
just I can't speak forend the vendors and and the suppliers but my goal is to have it done as soon as possible I'm days Joe in the loop I'm okay with an extension yeah I think in this case we don't we don't even put a a timeline on we could
I guess but I mean this is just a fine so we're not really the business of just to clarify this would be uh irreparable irreversible so there is no deadline on that um I think that what would happen is if the mitigation somehow didn't happen and I don't I I think it's going
to happen I don't mean to say that it isn't that would be a separate violation that would be brought but okay okay our expert uh can I ask the attorney one question uh I know we cannot put a
timeline but I would can we do the fine tremendous or to the max if they done nothing in 30 days or 45 days or whatever or and then if they did it faster to give them that incentive to to
have it way lower you know and treat it like you see most of the cases that we had that language is tough though I that is exactly where I was going to go that language is tough again if they fail to mitigate then another case will be brought be the easier way I think the
practicality of trying to create an order like that yeah well I because I I'm try you know from what I'm seeing and what they had you know we can we can stay with the trend of you know the fine because we have to come up with a
fine and to me they showed good faith of doing the uh mitigation for a great discussion but let okay move this I mean Ian we it's a long meeting so we really need to I I don't want to cut you
short do this I'm trying to prepare for what the I'll give it my best shot and I appreciate your sentiments and I I like that cuz they've also done a lot yes don't judge this is we fin you're the expert on finally
have a tree a tree expert here on the oh yeah tree and in case number 24- 4804 I move that the city is proven by a greater weight of the evidence the following violations of the city of Temple Terrace
code exist on the property located at um 5891 okay yeah Grandville Drive appli applicable code sections uh we're looking at hold on I got it here uh 12-7 68 subsection a subsection one tree
unlawful removal this motion is based on the sworn testimony this board has received from the code enforcement officer along with any other evidence including photos affidavits and the notice of violation all of which is received and entered as part of the record of this hearing I further move
the violation is irreparable and irreversible as defined by the city code section 1-63 therefore therefore I moved the fine of $250 flat fine be
imposed if no progress can I say that no progress is made by March 12th 2025 what or the fine I don't I thought we decided not to go that route we were not going to I
thought we were no well all the other ones they they had made a flat fine of $2 $250 all the other ones that we said well oh we need a second before discussion I'm sorry second so I I don't know I'm not sure what you propos I want
a flat fine of 250 okay however if no fine is imposed if no then I guess I should have said more if no progress is made by because I want to see that evidence I want to evidence that they have made progress towards mitigation I I you know
she second it but we can we have that's why I'm uh I was alluding to but the 250 would be sufficient for me correct uh but no no time we' get a second okay then we can read well that would be a different violation because if they
don't you know if they not plant the trees and and that's why I said progress because I want to know I I understand that with vendors and things it can take time sometimes or you have to and he has however many properties he has to manage
so I can amend my initial motion however I want progress I want to see that there is effort I want to see that they are moving forward I want you know so you want them to report back here in 30 days and
with I just want to know if we I know cuz Ernie's making a fix yeah I don't even I don't I I personally don't like this approach but well I think it's I just think it's going to be problematic enforcement wise even yeah my thought is if you want to
see progress do you feel that you'll be able to get started by March 12th easily I I can keep Mr FIS in the loop with it all right I don't have no issue like the association is going to replant trees that that's not an like it's not an option we are replanting that's my
biggest concern is that I I want I want to see progress I want to see that you guys care you know and and that's what the board that's what the city cares about is that we understand this may have been a mistake but at the same time
we want to see you mooving to the right direction oh maybe there's something we can do Ernie we can vote on the uh uh fine after they're done is that
possible you could buy for Kate I think uh what you're saying is kind of come back for the sentencing kind of the the the penalty part of this you do the right thing otherwise you go to can I just have a second let me talk with um Tom and Jo and then I'll okay and this
is why we have discussion you see Brian I appreciate no I appreciate it we have to be really careful with our to make sure that we're not obligating code enforcement we're not like stepping on language language they can get defined
that's why we people and up monkeys that's true how can youfor are thing that well they they would come I think they would come back with a know separate separate violation not mitigating this as an under yeah really
I'm pretty sure we've done that before where they doesn't sound like that was a question we had one time where we we we postponed the uh we we did a continuance on because they Joe wasn't 100% sure remember that I think
that was the one where he wasn't sure give him time he wasn't sure if they were going to mitigate or not they said they were going to so we gave him more time and then he came back and said they did mitigate it and then we gave the fine was impos so that may maybe a
continu situation where we can so if you if you can remove the date time the 30-day frame city is okay with that okay if they don't if they don't put the trees in like they said they're going to do we could bring it
back as a repeat violation okay so no progress but point is up to you guys yeah whatever you want to come up with with eliminate the date of 30 days so what I have to say until code just read it as it's written just read
it as it is okay it eliminate the date okay yeah Mr Hubert I I I guess you probably talked about it but I've also talked to opposing Council and they understand that if they don't start mitigation because there's other factors that can be involved they brought to my attention you got other people that are
going to be planting it right so but if they if they haven't been in touch with Mr Ferris if mitigation hasn't happened you know in a in a time that the city's happy with there's going to be immediate case BR now if it's a repeat should we warn them that fines can be double about
about that when we get again we're talking irreparable irreversible up to $5,000 per violation you have three violations so can I just start at this from the beginning please we you do it so well I you're the tree
violation expert on the I love I love the trees I'm the Lora AES in case number 24- 4804 I move the city is proven by a greater weight of the evidence the following violations of the city of Temple Terrace city code on
the property located at 5891 Grandville Drive applicable codes 12- 768 subsection a subsection one tree unlawful removal this motion is based on the sworn testimony this Bard has received from the code enforcement
officer along with any other evidence including photos affidavits and the notice of violation all of which is received and entered as part of the record of this hearing I further move that the violation is irreparable and irreversible as defined by city code section
1-63 therefore therefore I move that a fine of $250 be imposed flat $250 not to exceed 5,000 all right just leaving it flat 250 yeah yeah I think the other I'm not sure
to read was it was yeah I know it's all right so we have a motion we have a second second all right any further discussion on this all right so all right so all in favor say I I oppose
nay no Nays motion passes thanone you guys are you're all set okay all right have a good night all right oh I am now known as L I got to go M next case next case is case number 24- 2353 City versus James L and
Joyce AG Evans for the property located at 11305 East Queensway Drive the ca the cas is before the board based on alleged violation of section 10-4 b4a Nu buildings 90 days the case will be prosecuted this evening by code
compliance director Tom Baron the city has evidence that the notice of violation and notice of hearing were properly served good evening and Sir will you sworn in no I will all right okay uh good evening tomoni Code Compliance uh this case was presented
back on December 11th 2024 by me for the violations of a structure that's a a nuisance to the neighbors uh and the based on the Mr Evans presentation uh the board and the
city came up with the continuance to be presented 60 days from that date so I'm here tonight was everybody at that code board meeting heard my testimony yeah was yep I remember is Mr
gz will so you weren't there okay so I'll read the whole thing then since you I'm sorry but it's only fair to Mr Evans that I read to okay so uh this case this evening originated back on May 20th 2024 when I received an early morning phone
call from the fire chief Mike hagwood that his home that his home was damage due to a fire that started inside the garage my visit that same morning noted heavy fire damage and water damage to the ex attached garage structure Cod
staff monitored the property for several months on November 6 2024 I advised officer Smith to prepare a notice of violation with the compliance date of November 25th 2024 since the home is unoccupied she posted the notice letter at the front
door and requested copies to be sent out first class and certified mail she also requested a copy to be posted at City Hall for the 10-day requirement my inspection on November 25th 2024 noted no change therefore I prepared the necessary documents to have this
violation presented at the code board on December 11 2024 at this time I would like to enter photographic evidence that was taken by Lori Smith and I exhibit number one shows the fire structure damage that was taken by Lori Smith on May 23rd
2024 and exhibit number two shows that was taken on November 25th 2024 by me of the damage structure did you show the photographs Doug Doug
okay working on it no you get it okay wait for the little to pop up do so as of yesterday morning uh I drove
by the property and nothing has changed um it still looks the same way as you see today uh I'm still receiving complaints from Neighbors of uh why isn't code enforcement taking any action against this property owner uh I do
believe it's a nuisance and a hazard to the school that is adjacent on the back side of the house the school kids that cross this property next door to it so it's like a shortcut to the school um it is boarded and U Mr Evans is here
tonight to update us on the the property itself do you have any questions for me one any question I have a question for Mr Maron okay when you said it's boarded we have a two-story structure are both sto story structured or what's the second story like so the second story is
wide open it just shows the uh burnt out area the roof area as as you can see in the photo it just it's clearly wide open so if rain when the season comes for rain rain's just going to be pouring into that structure but you were you said you were
concerned about uh school children uh is it possible that you're thinking maybe they could climb up in well I mean kids are kids are kids and I I do just create I think there's could be a potential problem U not saying there has been a problem right no police have not
notified me of children playing in the area but I'm just saying there could be a a problem and the building official is here tonight maybe he could tell you more about the property or if you want to hear Mr Mr Evans that's up to you both yeah both any questions any other
questions yes for Tom I remember this case uh you know and and just remind me what he promised to do didn't we have a case and is it was continued it was continued till today to to see what our decision will be today right he didn't
bring any kind of evidence into the board from the insurance company or anything he's having problems with the insurance yeah yes he was supposed to bring us evidence yes I remember that and and nothing happened till today nothing similar to what we when we
looked at it show me anything he has not called me I all I do is drive by the property to make sure it's still boarded up and everything okay thank you okay so again this is almost a year this has gone by and if
this is the same property with the chimy that collapsed and we waited over a year to get that fixed I I mean I feel bad for the family that lost a home a beautiful home due to a fire but the code is the code 90 days it's a nuisance
it becomes a nuisance to the neighbors so it's been a year now it's on May 20th it'll be a year would you like to hear from the building official or do you want hear from Mr Evans the respondent he's pointing over here so Mr
Evans sir it needs to be uh sworn in first yeah he does a few things were left out there on that oh yeah I tell promise tell the truth the whole truth nothing about the truth wait wa got to have sworn in man sorry all right do you raise your right hand do
you swear or affirm that the testimony you will provide the board tonight will be the truth the whole truth and nothing but the truth yes thank you and state your name please James Evans I live at 11305 East queenway Drive I used to current owner um as a refresher on
that last meeting was not that I was supposed to being back I was supposed to I told y'all I was going to depositions in J in uh January and we were going to have me come back and fill you in on what occurred and if we had any more information from the insurance company
because this whole thing is dependent on the insurance company um the result of that I haven't gotten any posit I mean I haven't gotten anything in writing from the attorneys uh regarding the deposition but I did find out from State Farm that they fired the adjuster that's been
dragging this out for all these months he's gone I have a new adjuster um I got today I got a a text um where he has Auto already in one month he or he's been on the job now for about four weeks
since January so late mid January I think is when he took over the case um no I'm sorry end of January 1st of February uh he already he approved a check today I haven't gotten it yet but they sent me a photocopy of it uh for about 250,000 now that's nowhere near the
amount required to replace it but it's a good faith effort by them to let me get started on some things so I've hired an architect I've spent $5,000 to retain architectural firm I told him I still want to go to the inside and and start tearing the house down I have to talk to Dallas about getting a demolition permit
excuse me I'm feeling really sick gu so I'm sorry um I a part of stress but uh I think I'll have a much better hopefully this new adjuster he's he's more he's done more work in the last three weeks
than the first guy did in five months so I have a lot of faith in this guy at least temporarily um my personal adjuster that I hired to help me through this uh he's feeling real positive about this guy too that's when he sent me this because they sent him a check that he
asked to counter sign to send it to me so that's why they sent me this picture of it I can show your attorney the picture if you want to see it on my phone I I I was hoping to try to print it out before I came tonight but I couldn't get my printer to print it out so I I just couldn't do it
um but I hopefully will have an answer as far as the the only thing what they have not approved is the contents and they advised me I asked if I could go ahead and pull a demolition permit and so you can pull it but if I start tearing things apart it could hurt my
claim because the only thing they're not approving so far is the contents and once I start tearing all that contents out there goes my evidence to fight them with now I've got a list that the first adjuster insisted I produce a list itemizing literally everything How many
pairs of socks How many pairs of shoes I got a list almost an inch thick single spaced of possessions clothing socks shoes silverware plates I mean it took me probably over a month or more to
compile that list and it's not complete but it's it's what I could do to get it into them so right now um I'm still planning to go ahead with a permit as I think that they are going to give me an okay but I'm just um I'm
scared to death that you know their past track record has not been wonderful but like I said this new guy does seem to be a lot more on the ball than the previous guy now they could be doing a mutton Jeff I admit I haven't called State Farm and said hey is so and so still there uh
but I take their word that he was fired and uh the new guy said that he's just there's I'm not the only problem there's a whole bunch of problems this guy was handling and he said I just haven't gotten to your contents yet but I'm I'm I submitted a contract with a contractor
I submitted a proposal on rebuilding the house and U he said he's okay with that so now he's just working on contents I'm hoping to have an answer in a couple of weeks maybe even this week I just don't know but that's that last answer on the
contents is the only thing that's stopping me from going forward but I got to get the plans approved I got to get them drawn but I can at least start once he okay's The Insider he comes up with a number that says that we both agree on for the value of the contents then I can start tearing things out of it but I
can't do that without a permit so um that's where I'm at right now and at least I've got some good news that I do have some money now or I will have some money but I still can't all I can do at this point is just go for a permit and sit on it until they say yeah we're good
on your contents and then I can start knocking it down but we're going to tear the whole house down so I just have a question for the city uh oh let me finish that up too that side Lot is not a side lot that's my property that whole lot is mine so you're worried about kids
trespassing there I left the cops Park out there they hide behind my bushes and write tickets you guys have been parking your vehicles there for the last 15 years ever since you started the parade you guys line up and park all over my property I've never said a word I'm fine with that but I don't have a problem
with kids climbing up in that house or trying to break into it I boarded it up I had the fire inspector look at it he's fine I've got padlocks on it I got plywood on it you know yeah you can put a ladder up on it and climb up on the second floor if you're that gumptious but none of those kids from Greco are
that gumptious I'll warn you right now and I have talked to the cops not because the problems with the house it's CU I keep finding drug paraphernalia out there in the bushes at the corner you know now I've called the cops on that like three times that's why I said you guys need to start parking back here like you used to and they still do I got
pictures on this phone right now to show you cops parked in my backyard at the edge of the lot to catch the kids coming out but they don't that the only time they cross that yard is when they're trespassing you know so it's not a vacant lot it's not a
open uh place to go running through it's you know they do it but it's not something that's um you know I don't think those kids are out there trying to break into the house they've had ample time I've been there for over 20 years since I built that house in '
87 I think City attorney wanted to sh yeah I just got a question Mr Evans um you've talked about you know you can start a demo permit I think what the city's also looking for here is what's the overall plan I just said it I'm I I've hired an architect to redraw the
house the whole house has to be torn down that's what I was going to ask I mean the whole that's why hold up is the inside they i r I'm over the limit and I'm not asking for extra money I'm not asking for over the amount but I basically my aduster just said you can
quit making a list because you've already exceeded the limit of the policy so just what I've listed so far on all the furniture and the ponging and the TVs and everything else the the first adjuster he offered he said oh I'll give you like $3,000 and you can haul
everything out of the house so we can get a really good look at the structure and my adjuster is one that you know I thought oh that sounds crazy but what the heck and my adjuster is like so you're going to okay the interior amount you oh no no let's not get the car ahead of the horse so he says so you want us
to take everything out and haul it off and then you'll tell us what it's worth so just so your plan will be the the check on the structure itself you just now look at the interior no I've only gotten that's only like
25% um so but your plan will be to demolish the entire house rebuild or I'm going to rebuild yeah that's another thing that State Farm did too on this to even get this check this this 250,000 is to get
started with the plans and the permits because they don't want to they're we talked about this a little bit one thing I learned this when we had this Insurance crisis and the state
um pass some legislation to mod mify the insurance agency they did a couple of things they allowed the insurance companies to depreciate your house from market value to whatever they decided they felt like they could knock off
35% of the value of your home for agent appreciation even though the value right now say is a million dollars they can say well we'll give you $700,000 and that's it because we're allow to do that now secondly is we don't have to pay your attorney you have to pay your attorney out of pocket so if you sue us
and win you're still going to pay you the worst we can do is we have to pay you what you originally owed us what we originally owed you so they got a a no lose situation in this case because they can refuse to pay the full amount and if I sue them I got to pay the attorney 35%
which takes the 35% they're not paying me off the table right then I mean it's it's it's a horrible horrible decision as far as home owners go but that's where that is so I'm I'm just trying to get so I can rebuild the whole thing but I know I'm a
retired contractor I built homes hundreds of homes and it's it took me a while to finally wrap my head around it realistically but it to completely gut that house down to the framework and then go back and bring it up to code meaning adding filled
cells and rebaring the walls and had to tear all the sheetrock out all the framing pretty pretty much and start from scratch you might as well just bulldo the thing off because you're going to spend a fortune trying to disassemble everything slowly to get it down to just walls and frame well I I
guess the question would be in 30 days in 30 days I can give you an answer I might be able to give you an answer in a week as far as going to demolition still got to get the permit approved yeah where where do you think you'd be in that 30 because if they've sent you the check and I know with
insurance the way it works if you have a mortgage you're going to have to get it confirmed by them there's a bunch of paperwork like I said correct there's a lot with that and I know that more than most um however where do you think you'd be in that 30 to 60 days because again
it's and I I don't know the details of the people who might beain what I've got I mean I'm not worried about the the check is no problem my house is paid for it's paid oh okay so easy that part is easy the point is there's there's like a $25,000
section for demolition but that's in the interior part so that's that the money they've given me is like for trusses and for framing and for they've given me a portion okay they haven't approved the interior and the interior I guess
because they have to go inside and take the bring the stuff out that's part of that actually they said 3,000 but the three bids they had all were 20,000 plus but um there well I mean the real question is What's the progress that you
progress now is I've got money to hire people so like I said we've already hired our architect I'm hoping to have the plans for review within a week or two I don't know how you have this is a demol the demolition plan that's what
you're talking no no no house plans house to build to rebuild got to build the whole thing all from scratch now demolition I don't think I have to have plans for demolition but I do have to have it done professionally I'd like to demolish it myself but significantly
that would take forever we have a question can I oh no it's okay no but I was just going to say the the idea is as soon as they tell me that it's that they've got the interior taken care of and I can go ahead and bring somebody in a professional because they're going to
have to separate it because when you when you have a burn like this and you can back me up if you like you have to separate the debris cuz some of it can't go to certain dumps you have to take C you got I'll have at least probably three dumpsters involved minimum and some of the stuff will have to go to one
dumpster and they'll be like all the clothing and all the furniture might be in one dumpster and then all the appliances and all the electronics will be in another dumpster it'll have to be a whole it'll be one of these companies that does this professionally what what we're trying to do here um and and along
with my old colleagues agree it's we we're trying to see an actual plan we have not seen a plan in a year Mr Evin that's that's that's that's uh you know any progress at all now there I understand insurance has limits so whatever limits they you know did they
give you the entire limit did they do you know I I kind of like you know trust me yeah I don't understand why would they drag on a year when you do have an valid insurance and a policy and a limit on that policy your house was already
deemed unlivable deemed to be they were supposed to have me into a rental unit that they were paying for I stayed for 5 months in a hotel room and then moved out on my own and rented a place no and we get that insurance isn't the best we understand that but like if you have a
plan you say you have an architectural compan so where are those pl we want to see those I haven't drawn yet they I just hired them to draw them so all right I'll tell you what I I I've got a uh U you said you spend $5,000 on some PL a deposit $5,000 you got to have the
plans in your hand so that's that's my problem I we're not seeing any papers or anything that showing progress Mr that's my opinion you know would you like me to brbe this will help a little bit like something I want to ask I don't have a problem with that I want to ask
Mr Baron so I'm not familiar with nuisance violations what what would what would the city require for this violation to be uh complied with what what I don't know what exactly are you guys looking for longterm if you look at
the verbage of the code it says partially destroyed or damaged okay and that's partially damaged yeah the garage is what's damaged for them to bring that property in compliance they would have to either demo the whole structure or
demo the garage area that is damaged well and then at that point like looking thinking of of past cases they have a longer period of time to rebuild right like you get a permit to build a new structure you get six months yeah they
get they permits to build destruction struction so the demolition is really a that's that's all you guys are looking for right now to get that's the plan and and the the building permit that he's talking about to get the new structure built is that has nothing to do with
what we're two permits recommendation here yeah right the permit at this I'm sorry what the city's looking for is who follow this violation right I think Mr Evans needs to be put on the clock I think that he's got to show good faith okay so the board finds that the
evidence is clearly there they have to you have to make a decision that the evidence is there if you determine that the evidence is there there needs to be a fine now we all we all have a heart and sympathy and understand what he's going through the family's going through
but there is a process of a lean reduction so if we see that the the structure is demoed then he can present a lean reduction to the City attorney and then Ernie will take that all into account and I think he said we just can't we
can't allow this you can't allow this to go on corre and on and on I think he said in 30 days he'll have an answer for us and that maybe that's not no no I'm I'm not saying we can't come up with a fine I'm just saying that he can come
back and give us a status or whatever there there's people on the board who have gone through something very very similar IL to you there's also people on the board who have worked in the industry that you're fighting against yeah I know and I I 100% understand your position
frustration I more than most honestly uh what I'm saying is we need to see some progress and I understand and if they wrote you a check for 250 Grand the house is paid off we want to see some work done that's all
that's all we're asking my point is the demolition I can't start the demolition until they release the interior that's the holdup that's the that's the that's the $300,000 question they're withholding that if I demolish the
interior if I haul everything out through the dump then I have no evidence to go forward that's why they just warned me if I if I start demolishing the house they're not going to tell me I can't that's what photos and videos right and I've got I've got thousands of photos and I've already submitted that
to them you know and they say no we don't we don't agree with that now what am I going to do I got a picture they've already seen it and say no we don't think that's right that's that doesn't look like a swin bicycle that looks like a a huffy I think we beat kind of beat beat this topic to death I think yeah
I'm I can have we needed to come up with stuff in writing for you I can get letters from the adjuster Etc so I I'm ready to do the motion yeah I will um be glad to take care of this one thank you
in case number 24- 2353 I move that the city is proven by a greater weight of the evidence the following violation of the city of Temple terce City code exists on the property located at 11305 East Queensway Drive applicable code section 10-4 subsection B subsection 4
subsection a nuisance building 90 days this motion is based on the sworn testimony this board has received from code enforcement officer and other Witnesses along with any other evidence including photos affidavit and the notice of violation all of which is re received and entered as part of the record of this hearing I further move
that said violation will be corrected honor before March 12th 20125 if the respondant does not comply with this order honor before that day they are ordered to pay a fine for each and every day the violations continue past the date set for compliance upon considering the following factors the gravity of the
violation any actions taken by the Violator to correct the violation and any previous violations committed by The Violator I move that the fine to be $25 per day I'll second we have a motion we have a second um any further discussion I I want to you know I want to hire $50
per day I'm happy to amend yes okay is there I I know it's because we gave him almost a year you're talking in May is going to be almost a year and I'm have not seen so I want to in I if it would have been 25 a year
ago and I would have been happy to renew every time he comes in and tell us the story with but it's been a year and no action has been done so that's why I wanted the F to be high punish me for being a victim of the deliberation sir
I'm not pun I'll go ahead and restate my motion then um in case number 24- 2353 I move that the city is proven by a greater weight of the evidence of the following violation of the city of Temple Terrace city code exist on the property located at 11305 East Queensway
Drive um applicable section code uh 10-4 subsection B subsection 4 subsection a nuisance buildings 90 days this motion is based on the sworn testimony this board has received from the code enforcement officer and other Witnesses along with any other evidence including photos affidavits and the notice of violation all of which is received and
entered as part of the record of this hearing I further move that said violations be corrected honor before March 12 2025 if the respondent does not comply with this order honor before that day they are ordered to pay a fine for each and every day the violations continue past the date set for compliance upon considering the following factors the gravity of the
violation any actions taken by the Violator to correct the violation and any previous violations committed by The Violator I move that the fine to be $50 per day motion second any further discussion for
that all right take a vote all in favor say I I I oppose nay no Nays all right so uh you know you're you can come back you can ask for a further extension if if it
turns out that I I guess you're saying the insurance company is if they don't comply with it doesn't even if it does I mean do the idea that you're going well assuming that they approve it tomorrow right then I you really should
yeah could you just just so we can have it on the record it's just I 30 well that's fine I'm not going to anymore I'm too tired to do it um 30 days to hire a contractor and work to their schedule and see if they can show up and then get the work done in 30 days is ridiculous
right now with permitting and such I don't even know how fast can you get a permit like that and then hire a company that's competent to do it it's not just work progress I'm not disagreeing no that's you're saying I'm going to be fined if it's not complete that's what you just voted on no no that's not the case not what it said I'm not disagree
what I heard I'm not disagreeing we just need to see progress and if you you come back in in 30 or whatever it is 28 days and and show some progress or give us an explanation about why there was no progress that then we'll give you we can we can further
extend I'm not saying we will but we can further extend okay I'll calm down I'm sorry I got I'm just I'm tired I'm aggravated I don't feel well it's been a long day a long meeting for sure sorry you had to I really apologize for the fact you had to sit through all the these Tre violations are are difficult
say the least so all right well anyway Mr Mueller can testify he did look at the check and it's just it's I don't even have a copy I don't have the actual check I just got a photocopy that they sent me that they have sent it the previous Jer had said he said he haded def file that he'd sent me two checks and they could never find any any even a
request for the checks he just faked the so yeah please come back in 30 days assuming I'll be back trust me demolition is not going to be done hopefully the meeting won't run three hours the next time and also you know as Bill mentioned we are not trying to get
at you sir it's we when to see progress we're very very you know we understand the how the insurance works and how they you know they try to cut corners and not do you and you know but if you show Mr Toni progress a little progress that's
what really and you could take it another 3 months four months you know I I cannot guarantee that as Bill said but we are we're not going to be against you or against you know your it's not our goal I mean look at it's been a year our
goal is not to I know find or or we're all homeowners in this community and we don't that's not our our goal here our goal is to let's get things moving and I wish you could do something with State
f i enough Mr I'm sorry to interrupt I'm going to have to excuse myself but I've been assured that even in my absence you'll still have a quorum yes we will so I apologize but I am going to have to move apologize all right so let's let's move then let's move to the next case we only
have a couple Cases left only few I think we only have two left I think I hope uh yes next case is case number 24-4 712 City versus anet L Anderson for the property located at 13106 North 52nd Street the cas is before the board based
on alleged violation of section 12- 768 A2 tree removal standards Grand the case will be prosecuted this evening by code compliance director Tom Bron city has evidence that the notice of violation and notice of hearing were properly served good evening Tom Peron Code
Compliance this tree case this evening is a irreparable irreversible violation that originated by Temple terrce arborus Joe Ferris on November 25th 2024 Mr Mr feris requested a notice of violation be prepared with the notice of hearing for
the removal of one protected oak tree without the per permission from the city that same day officer Smith prepared a notice of violation and hand delivered to to Chris Mason to obtain service at this time I'd like to submit photographic evidence of the violation
taken by me on November 27th 2024 it shows the tree debris that was uh at the curb side of the tree that was removed you may submit tree um this violation here um the
property owner uh has an arborous letter uh but at the time of the tree removal and she when she met with Mr Ferris he can elaborate she didn't have the letter in hand so by law you're supposed to have the letter prior prior to the
removal of the tree uh so Mr Ferris will elaborate on that and of course this tree was not caused from the damage of the hurricane and Joe is here tonight to elaborate on this violation okay any questions for code director okay thank
you your fa city arest um so as Tom explained I was notified that this tree had been removed a little back history to it um in mid August or so I had been contacted by a tree service asked to evaluate the tree because the homeowner
wanted to remove the tree went out and evaluated the tree found it to be a healthy Live Oak roughly about 28 in in dbh making it a grand so I denied the removal of the tree didn't see a reason that it needed to be at least not in the
fact that had any threat to the property or anybody on the property once I was notified that this tree had then been removed um our assistant in Community Development had a contact for the homeowner so she had emailed the homeowner to let her know that we were
notified this tree had been removed to find out if they had got an approval or a permit they were the homeowner responded back saying they always get permits when they ever they do work on the property our assistant then responded back stating that there was no
no permit in the uh on file that had been issued um asking then if they had an arbous letter the homeowner responded back stating that they will get one then that their assistant responded back that that was considered after effect permit
so part of the changes that happened happened a few years back with this uh statute was that it states that a homeowner um should possess the documentation it used to be obtained now it's changed to possessing the
documentation which means that they should have that in hand at the time the tree that essentially takes the place of any municipality asking or requiring permits for removal um I haven't spoke with the homeowner they've never reached out to
talk to me the communication had been through our assistant in Community Development by email to the homeowner um so that's where we're at no so would the city be expecting does the mitigation part uh apply I mean there should she
could mitigate by planting another canopy TR tree somewhere on the property but she has yet to reach out to me to even inquire what to do as far as any mitigation or where she stands with uh do we have a rough cost of
what that mitigation tree might be um if you look at you know the 3-in minimum probably a $0000 you know with the cost of tree being planted delivered planted all that
you know it could be $5 $600 you haven't had any discussion with but I've had no discussion she hasn't reached out at all to me since the notice of violation has been posted okay so I'm a little confused on the mitigation part too just because this the Residential Properties
if if she had had the arborous letter in advance she could have taken the tree down and there was nothing and that we wouldn't have done anything if she had that and could have when we reached out to her said I have the letter I'll send it to you and we received it then that's
it that that supersedes anything the City or any other municipality can do but the fact that she didn't have that in possession at the time means it was sort of an after effect then you don't go obtain it after you remove the tree
you know um so that's why I'm saying is there really even a mitigation that option I mean it's in a residential lot I usually require one for one replacement because you're limited on Space it's not like a commercial property where you know the the this
site was developed requiring those trees to be there so residential if it's a healthy tree I've always required just a one for one again if I went by the dbh it would have you know 28 trees that doubles in size to 40 there's 56 inches
divided by three so I mean there's no way you'd plant that many trees on the property but this is considered a reparable and reversible still considered yes and they're not no respondant I have no they not reached the homeowner has not reached out to me
at all there's going to be tough on you Brian further is the L right you're the guy so so any but as far as mitigation that would be just between us the homeowner and myself that wouldn't right really apply to the fine of that your
decision on the fine yeah that's kind of what I said we're not really involved in the mitigation part no here to assess a fine or potentially assess a fine and the fine is up to 5,000 and it was one tree that we one yeah one grand Live Oak big one though yeah big
healthy one big healthy one yes there are the the residents tell this is an occupied residence yes yes yes all right any other questions Mr Ferris okay all right so
I'm looking for a looking for a f go Lorax we go um in case number and this is 24- 4712 I move the city is proven by a greater weight of the evidence the following violations of the city of
Temple ter code exists on the property located at 13106 North 52nd Street applicable codes 12- 768 subsection a subsection 2 this motion is based on the sworn testimony the support has received from
Code Enforcement Officers along with any other evidence including photos affidavits and the notice of violation all of which is received and entered as part of the record of this hearing I further moved that the violation is irreparable and irreversible as defined by City Code Section 163 therefore I
move that a fine of $750 be imposed for each violation second motion have a second and I just want to say 750 we've done 250 for the others however all the others have shown um evidence of progression and
moving forward and they it was whether it was lack of intention or whatever they have tried tried to repair what they've done and this there's been no contact yeah the the the thing is Brian I now just sorry I'm I I did second it
you know yep well discussion but we we were doing discussion yeah yeah that's why we're in discussion um I would like it a little bit lower I'll tell you the reason why she did obtain an arborist letter but is I I know it is after the
fact maybe I don't know maybe that's I don't trust that honestly yeah it's um I I guess I I if it's uh I I probably you know I I meet you like halfway I I would go higher if it was me I would go
higher go I'm will to go to 625 but I'm I'm not going to go lower I I don't I cuz I wanted to go higher too and I thought the board would would reject that um and and that's because I have no problem with the 750 but uh you know it
just maybe it's I Ferris Mr Ferris the letter that came from AR telling us it's uh it was a sick tree but but it was but it's not seen it was oh you have not seen the letter she had mentioned in the email that she
would obtain a letter oh she has not uptain I thought I've not spoken with the homeowner she's not reached out to me I don't know that she has the letter if she has she hasn't tried to present it misunderstood you because I I thought she showed you the letter afterwards no
I haven't even spoken to her this was just a series of email communication Assistant Plus it's a it was a live healthy tree I mean it was according to what he thought at the beginning based yes my evaluation of it in August it was yeah
so I think 750 is I appreciate what you're trying to do R I really do well well I'll stick with my second on your first I'll to you Rob I I think it's a fair I think it's a fair um penalty honestly
yeah okay I'll I'll stick with the 750 okay all right I agree with it all right good discussion all right so we're ready to take a vote so all in favor say I I I posos nay no n no nay okay
so next case next Case Case is case number 24- 4802 City versus Jamie Lara for the property located at 309 Deer Park Avenue the case is before the board based on an alleged violation of section 12- 8592 RVs boats and trailers section
12- 921 parking residential property and section 10-34 sanitation premises clean the case will be prosecuted this evening by code compliance officer Doug Allen the city has evidence that the notice of violation and notice of hearing were properly served good evening Mr Vice chairman and
board members Doug Allen code compliance officer this this case was originated by me on December 11th 2024 for yard parking a utility trailer in the front yard and assorted items in the front yard I left the door hanger with a reinspection date of December
19th 2024 my reinspection on January 6 showed no change so I generated a notice of violation on that date with a reinspection datee of January 16th 2025 I posted the notice at the site as well as at City Hall for the 10-day requirement on the electronic board and
copies were mailed both certified and regular mail to the address of the owner of record my reinspection on January 17th showed no change so I prepared a notice of hearing on that date and the case was scheduled for the February Municipal Code board meeting this time I'd like to submit photographic evidence
taken by myself on January 6 and January 30th 2025 exhibit one will show the notice of violation posting exhibit number two shows the yard parking and I would also like to submit an Affidavit of compliance as the site is in compliance
and I'm seeking a finding so all all all three violations are in compliance a that's pretty nice to hear after all that yeah yeah that's a that's a relief relief got one more TR any further
questions for code off for officer Allen NOP looking for a motion all right so just we're looking for a motion then so I got this one all right all right in case number 24- 4802 I move that the city has proven by greater weight of the evidence the
following violation of the city of Temple terrrace City code did exist on the property located at 309 Deer Park Avenue this motion is based on the sworn testimony this board has received from the code enforcement officer along with
any other evidence including photos affidavits and the notice violation of all which is received and entered as part of the record of this hearing a further move that there is no fine imposed because the violations were brought into compliance prior to the date of this hearing we have a motion do we have a
second second all right any further discussion seeing none uh all all in favor say I I oppose nay no n motion passes next case please out there next case is case number 24- 4951 City versus
Jose L Gonzalez poo and Gonzalo T Gonzalez Fernandez for the property located at 6619 Bay Brook Circle the case is before the board based on alleged violation of section 12- 768 A1 tree unlawful removal the case will be prosecuted this evening by code
compliance director Tom city has evidence that the notion of violation and notice of hearing were properly served I promise this is the last tree case oh for the year man I did warn you last month I said that we have five cases going about trees four
Tom five Tom Bron Co compliance I know how many times I've been up here this tree case that I'm presenting this evening is an irreparable irreversible violation that originated on December 31st 2024 when the city Arbus observed
an unlawful tree removal that day later that day I did receive an email from Mr Ferris showing the two photos of the cut down tree and the measurements of the trees on January 2nd 2025 I prepared a notice of violation
notice of hearing for the unauthorized removal of the grand oak tree and hand delivered delivered the notice letter to Mr Jose Gonzalez to obtain service at this time I'd like to submit photographic evidence that was taken by
me taken by Joe Ferris on December 31st 2024 exhibit number one and two shows the stump of a 36 in dbh Grand live o I'd like to present it this time you may submit wow oh it's a big one
wow them so this tree uh was taken down two weeks after the solar panels were installed on the front of the house so I think the canopy of the tree was an issue caused him caus right caused an issue with the owner and but he stated
to me that the root system was very close to the foundation and I asked him if he had an engineer report to state that the root system was damaging the structure and he did not have it um this tree was taken down not from anything to
do with the the hurricane and Joe Ferris is here tonight to elaborate on the removal of his uh observation of the removal of the tree you have any question question for director Baron yes uh it it does it does
look like it's very close to the foundation though yes it does but you did not see any evidence of a damage on the walls or the I did not see I I looked closely but you know I i' say it's about 4T away 4T is enough for well
we'll we'll ask Mr FIS well say to have an you said an engineering report to validate they asked him if he had one and he doesn't have one but that's what the property owner stated that the root system was picture we saw on the screen
before yeah where is that I'm sorry I didn't hear the whole question no no there is a picture of the tree actually looked healthy tree you want you want to see that yeah but I it's not included in there yeah I I do have a picture of that on the computer well yeah if you can put it up again
just you know it's it's a nice tree very nice tree so this was an aerial view that Joe took of the uh po tree prior to their yes okay Brian can you bring that up yeah
try beautiful okay yeah you're the tree guy but there's certain limits on what you're powers that tree kep the house cooler than better than the solar oh here just that's my com yeah I me you could Tre the back Joe Farris City
Arvest we've got it said on the 31st I was um had an appointment scheduled for a neighbor two houses to the West this property as I drove up found the tree service cleaning up and the evidence of a large stump that was
removed um spoke to the tree service they went in to get the homeowner from the house who came out and had someone on his phone to interpretate for him didn't speak clear English um as the person on the phone explained they the
homeowner had concern that it was damaging the house and then also explain the had solar put on which is not just the front it's hard to tell in the picture but it also had on the west side cuz the tree was on the west side of the house um I did ask if they had gotten a
structural engineer to do a report on the house when I get calls on trees where homeowners have concern that the tree may be affecting the house I'm not a structural engineer I don't know any Arbus that are who can state for 100%
certainty that a tree is or not not is or is not damaging the house so I asked for the Homer to um hire a structural engineer who will do a report and sign and seal it if they can show that the damage that they feel is happening to the house is from the tree then that
will allow me to issue them a permit for the removal or any pipes under the ground or anything yeah anything that's damaging the structure of the home yes um because our trees are protected especially when you get to a grand size and even looking at that you like you said
that covered that was cooling the house not only theirs probably the neighbors to the west of them was got some positive impact by that tree so no structal um report was done so there's no way knowing for sure 100% certainty
that that tree was damaged the house um I don't believe the homeowner you take a look at the house uh and just on the outside I didn't see any crack anywhere I didn't go into the home again even if I saw it I don't know can't say for 100% certainty that is and we're talking
about a big Grand Tree um had it I again I don't the homeowner I think is relatively as you talked to him a newer homeowner I don't think he realized that there is a process you know that you have to have approval for trees and removal um so
that's where we're at and he could not be here tonight too I when I spoke to him I explained to him 12 Mike somebody's mic uh Mr Tom sorry about that I did when I spoke to him met
with him I did advise him there would be a hearing February 12th uh for him to show up and he understood you yeah that was but that was almost two months ago so hopefully he didn't forget but I seems pretty
important to me David forgot you know I don't know any so so so there's no mitigation again it would be if he was is willing to replant then we can take that in consideration that be but I haven't spoke to him yet I mean that'd
be a lot to replant though I mean that tree would that but again you consider that size if we go by the code which is really focused on development yeah and if we went by the mitigation of that size it'd be astronomical amount of trees that You' never be able to put on
the property so again when it's a situation like that I usually Focus on can you you know replanting at least one canopy tree yeah unfortunately if you plant a live oak it's probably going to take 60 years for it to get there and hopefully I'd be retired by the point it got to that I have a question probably
you've been asked before I have a Qui question been asked before if they approached you to remove this Grand Oak beautiful whatever tree to install the um uh solar is that possible or would you you
know I I because I know electric bills are high and sometimes you know it it's a hardship on the residence as as of right now our code doesn't address solar and the removal of trees to accommodate
solar so it would I would have said no that you can't remove it for the solar they did take advantage of the front of the house I would question is that enough to achieve what you need cuz the house faces the South that front of the house
was the South the small peak of the roof was on the West Side the majority of the solar on the south my question would have been to the Solar Company is that enough to achieve what they were looking for without having to I don't know if anyone else has solar but I do and they
do a a satellite view of the house and they tell you this is where we can put panels with things as they are now and they this is where you're going to get the most benefit usually so you can they they I don't want to speculate but okay
hey yeah you can put them here but there's a tree there you know yeah they they they survey the site and if you have a lot of trees they might not even approach you or want to deal with you I can tell you that's what they did with me yeah so yeah so oh did you have
something oh wait till everybody's done then I'd like to say so yeah so they didn't even in this case they didn't even attempt to to have an arbor say that this was a a disease tree that was in danger yeah I mean that would have been ridiculous obviously but not not that they couldn't have because I mean
as we previous cases we've seen where people will just you know an arbor or a you know Tree Service person can sign well they they can come up with anything that they want to basically based on the state law unfortunately so all right so
I'm did yeah just real quick I just a caution um there was some statements made up here that could come close to testimony I want to make sure that if you know whenever you make your decision you base it on the evidence that's been presented by the people down here i' I'd
hate for any decision to be based on something that was set up on the DI okay no it's just okay all right so any further questions for Mr Ferris all right thanks I think I'll let another
Lorax take this one all right so we have another uner I I can do that [Music] okay in case number 24 4951 I move that the city has proven that by the greater weight of evidence
the following violation of the city of Temple Terrace city code exist on the property located at 6619 Bay Brook Circle with the the applicable codes uh section violation
12-7 68 subsection a subsection one unlawful three removal this motion is based on this one testimony this board has received from the code enforcement officer and the arur of the city of teris along with any other evidence including photos Avid
davit and the notice of violation of which received and entered as part of the record of this hearing I further move that the violation is rable and irreversible as defined by the city code
section 61 1-63 therefore I move that the fine be $1,000 P imposed for each violation thank you we have a motion do we have a second
I'll second up all right so now we're open for discussion why I just wonder why a th over more or over over less I should say over cuz we had 750 750 was our yeah yeah and I I'm not saying I'm setting a
precedent I'm just saying I want each case is different I look at it differently uh this this you know we have prior picture that's why I wanted to see the the picture is a beautiful tree and I don't want to sound like you know uh this was very very intentional
removed without having to ask or go through you know even the remove removal company I believe I don't know if it's removed the tree is removed by the homeowner or they hired the company and uh it was found out by by incidents like he did
not like look for it he was not notified of it if he was he was there at the right time to discover this so I wanted to you know I did not want to put the 5,000 to be honest with you no I I I was going to take it to the
max because and on top of that we we're not shown any response I can see maybe it could be I don't know I can excuse the homeowner not being here they got ample um you know communication
they got ample um they gave them the uh formal uh they have a letter they have you know all these processes that the city goes through of notifying the homeowner for them to show up and be here here was GI was done and we did not
hear from them or you know well I'm okay with that honestly cuz the the photo showed would appear to be a a really healthy tree well yeah you can judge the picture but anyway it it was not done the proper in the proper side and I I
think a thousand it's almost uh uh what is it uh 1 1/5 of the maximum you know so I I think it's going to be fair in my opinion I'll stand by my second I'll I'll stand
by okay I'm good okay all right so we're ready to take a vote all in favor say I I I oppose nay no Nays all right are we done with the with all the as the last of the new cases new cases
just just for the unfinished cases uh case number 24-24 City versus Michael S and Christy Zimmerman for the property located at 8201 Brock place the deadline for compliance was February 12th 2025 a fine of $25 per day begins on February 13th
2025 case number 24- 3131 City versus Terrace Oaks HOA Incorporated care of West Coast management and realy Incorporated for the property located at 10325 council's way the case came into compliance on February 11th 2025 and case 24- 3231 City versus Alex
Joseph Marcel for the property located at 5202 Blaine Drive the deadline for compliance was February 12th 2025 a fine of $25 per day begins on February 13th [Music] 2025 we got to
wait you've lost qu we yeah we don't have oh okay so we can vote on he's coming back though right yeah yeah make oh so we're stuck here yeah him and I had to go to the sorry is the city going
to order us food well perhaps Mr Gomez all right so just to elaborate uh Dave did text me he apologized for not being here tonight he made a mistake and uh he'll
promise he'll be here next month so he just said tell Bill I'll be there next month and I said okay that's why that's that's why I made the comment did he forget they forg that's got the wrong came in he looked at the name he was like well I guess I
am sitting here today I'm just glad bill was here otherwise it would have been me I'm not sure Bill I'm not sure Bill's glad was here but it was no no we we got through it was I just I don't think we could have had dreading the well if we Taylor if Taylor was still here yeah
yeah that's true so you got a good taste of tree cases more than yeah yeah and each one is unique that's why we kind of put them all together yeah kind of we kind of put them all together this evening so this
way the testimony and Joe Ferris being here yep that's why we made it all tonight so we cannot leave till you get back we lost quum we lost [Laughter] Corum all
right other board action other board actions I don't think we have any other board actions no lean's report uh any new any new business other than the you no I um four of the cases that were presented by me tonight were Lori
Smith's cases um she's out sick with the flu and uh I don't know if anybody heard but the flu has affected City Hall almost 60% of the employees here were out sick wow yeah so the flu was going
around so wash your hand make sure you wash your hands I shouldn't have been breathing when you go home tonight make sure you wash your hands beening our hands we did wipe everything down and uh so just so you know that and oh okay that's so thank you for that's why they hit a deep clean for the fit for the
fitness center tonight yes it was the fitness Center's closed tonight so that's why they did yes so all City facilities are being a deep I'm glad they went back to the original name of flu not [Laughter]
covid all right so motion that I think we're yeah I think we're at to the point where we can do a motion to adjourn motion to adjourn second second do we need to do we need to vote on that no yeah we do okay all right all in favor I I POS no a we're done thanks
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