##VIDEO ID:vy-_4GeBcFE## what okay so it's it's 2 440 2968 3131 the December 11th 2024 meeting of the Municipal Code Enforcement board is called to order please stand for the pledge I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for 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 the 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 respondant 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 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 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 did 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 sworn in by the city clerk you would give testimony please stand raise your right hand anyone wishing to speak need to stand please raise your right hand raise your right hand sir do you swear or affirm that the testimony you will provide to the board tonight will be the truth the whole truth and nothing but the truth do thank you please be seated cases may be taken out of order to accommodate the respondents and the witnesses present at tonight's meeting uh let's see have all board members received the minutes do I do the art first oh okay I see you got it a little out for me okay okay I got you at this time I would like to ask the board members if they have had any expart Communications regarding any matters coming before the co the code enforcement board this evening I've had none I've had none I've had none I've had none I guess I was supposed to also read if you had verbal Communications please disclose the sumon substance of the communications when and where the communications occurred and with the whom it occurred you if you have received any written Communications please disclose the nature of the communications and provide it to the city clerk to be filed in the record all right moving on uh approval of minutes uh minutes from the regular meeting held on November 13 2024 have all the board members received uh the minutes of the of that meeting yes yes yes okay if the minutes are accept acceptable uh what believe you have a yeah I have I actually have one exception I already spoke to Joe about that I think the uh in in the U list of people who were present um you left out one of the Code Compliance officers so okay anybody else have any other Corrections they'd like to bring up I'm good okay great to approve I have a yes so I'm going to we have a motion to approve the minutes motion to approve all right there would be a motion uh with the correction with the update with the cor with with the update yeah okay thanks all right uh all in favor say I I any any Nays no Nays all right motion passes obviously so I think we're ready for the first case and I think we're taking them out of order tonight so the first case will be uh 24244 like I said first case will be this evening be case 24-2 440 City versus Michael S and Christy Zimmerman for the property located at located at 8201 Broward place the case is before the board based on a LGE violation of section 88-102 13c MH roofs the case will be prosecuted this evening by code compliance officer Lori Smith the city has evidence that the notion of violation and notice of hearing were properly served good evening Mr Vice chairman board members Lori Smith Code Compliance this case originated proactively on May the 29th 20024 my inspection revealed a tarp on the roof which might admit rain or cause dampness in the walls or interior portion of the building at this time I left a door hanger with a compliance date of the 2nd of July 2024 my reinspection on August the 7th 2024 revealed no change therefore notice of violation was prepared with the compliance date of the 9th of September 2024 no one was at home so I posted the notice letter at the front door and requested copies be sent certified and first class mail to the owner of record I also request that a copy be posted at City Hall for the 10-day requirement Mr Vice chairman Mrs Emerson Mrs emmerman reached out to me by phone call on August 7th 2024 pertaining to the violation she stated she had just started a new job and would be actively working towards compliance on the third third of December 2024 Miss Zimmerman contacted me regarding the notice of hearing at this time I would like to submit photographic evidence of the violation taken by me on the 7th of August 2024 please submit thank you sir exhibit number one shows a notice letter posted at the front door exhibit number two shows the tarp on the roof on the North side as of today's date the site is not in compliance and I am seeking a ruling respondent is here in the courtroom this evening Mr Vice chairman and would like to come up and address the board sir sure do are there any questions for the code enforcement officer at this point good evening good evening um so I just wanted to share with you you st your name and address the record please Kristen Zimmerman 82 01 Broward Place Tampa um I just wanted to share with you that when I did receive the notice I contacted Lorie Smith's office immediately um I did have a long conversation with the person who answered the phone and let her know my plans to repair the tarp um I currently was unemployed and in the meantime did get a job um since then I did replace the tarp it was completely replaced and I spoke to Lori I believe it was December in speaking with Lori I realized that she had indicated that she wanted the opposite tarp replaced we have two tarps one on the North one on the south and I'm going to be very honest and tell you I don't know my North from my South and did not think anything was wrong with the one on the South Side um so after speaking with her she said no we want the one in the South um adjusted and so in the meantime since speaking with her in December I have um gotten two different estimates for to have the roof replaced the most recent was today and um I've signed a contract with them to go through the process so um I don't have a time frame because we're going through insurance and I've also applied through FEMA because we had excess damage with the Hurricanes so that's that's where we're at with the roof situation so is the um is the problem with the a the tarp has has holes in it or the one that that she wanted that Lori want it replaced well the tarp because of the hurricane it yes it's sort of disassembled it and it needs to be fixed it it doesn't look good Mr and is yeah just want to add some she wasn't cited for the top she cited for the damage gr signals that was my next question okay so it's not the top that she's been cited for yeah yeah okay so I was not aware of that because the conversation that I had was strictly regarding the tarps of which I immediately replaced um in addition to the tarps the Roof Company obviously will seek to replace the whole roof um hopefully as soon as possible but I don't have a time frame like I said regarding FEMA and my insurance company so I am definitely requesting an extension I have a question yeah uh uh it's been going on for almost a year when did this start I missed the date it's like August August August August August since the summer yeah this summer MH and uh it's the do you have any leaks inside the house um we have had a leak yes and that was the reason for the tarp um obviously that's why I'm seeking to replace the whole roof and now after after you uh fixed the carbs right now is it still leaking no it's not well let me let me correct that since I it was not until the hurricane yeah okay Mr but the roof damage was not because of this recent hurricane it was prior to that there's no um that's incorrect there's a combination there was existing damage in the back and there's additional damage from the hurricane in the front and do you have any idea how long it's going to take you signed the contract today you have any proof of that I I have it with me I didn't make any copies but I don't know if that's something you want to look at or we get a copy enter that into evidence sure if You' like to sub yeah wouldn't there be is there a permit required with this roof replacement there should be right yes there is has a permit been been applied for if she signed the contract today the permit they would go after the permit now I'm not aware of issue that' be sign contract it's going to take time for that roof company toit just double checking okay okay that takes what a week or 10 days permit one day one day we're very efficient may I say yes they were just out at 4:00 today okay so yeah um in the meantime they should be completely replacing any tarps on the roof with a completely brand new tarp I I understand that since the storm it's hard to get a lot of these roofing companies to commit to a time frame because of the excessive business right now but I think we can have Aver ation about flexibility since you are now under contract with a roofer making plans to get this rectified perfect so you mentioned FEMA were there any is there any any extenda circumstances with regarding FEMA as far as you getting the work done extenuating circumstances as far as well you were I guess I assume you were trying to get funding from FEMA for I've been unemployed yeah I was laid off yeah but FEA I think is supplement anyone a disaster zone is eligible so our whole region yeah all of us I just matter you been you've been approved by FEMA to get the work done and I have not I'm in the process of going through FEMA I applied and now they're waiting to hear back from my insurance company with the claim that I made so okay we're just trying to determine how long it this is going to take and and how close you are to getting you know the work actually done for me the question be if the insurance company and all that cuz that can take time would you pay for it and then hope the insurance company reimburses you no I don't have the capability to do that okay right now okay oh um and the way the roofing company works is that they're going to want approval from the insurance to proceed so yeah cuz generally from my experience if you sign the contract that you're saying I'm ready to move forward with this regardless of anything else otherwise the insurance company goes forward with it on their own so um I mean I'm willing to we'll talk about this but I'm willing to you know give extensions for sure absolutely uh but just got to make sure that everyone's doing what they need to do to keep your home safe for you and everyone else you know Jim this process can take some weeks so the city has no problem giving a 60 day Grant okay uh but she'll have to come somebody sound some somebody's your sound I'm I'm hitting the button and if nothing's working so I'm trying but so Mr chair yes since uh I should be on uh just for the purposes of the record Mr Bron was offering uh that there was no objection to a 60-day deadline on this but I would also like to be sure now that since there was some confusion as to what the violation was that you understand it's the condition of the roof it's not the tarps that are in violation okay I want to make sure you're understand and also we we're looking for her safety too for not having more damage and more flooding and and you know electrical and affecting your absolutely being living in the house is livable yes so in any further questions for the respondent any any further questions anybody okay all right thank you so uh unless there are any other questions for the code officer or the respondant uh I'm looking for a motion I'll I'll do the motion okay in case number 2424 uh 40 I move that the city has proven by the greater weight of evidence the following violation of city of Tumble terce City code exist on the property located at 8201 Robert place with the applicable code violation section 8-12 subsection 13 subsection C this motion is based on the swor testimony this board has received from the code enforcement officer Lori Smith along with any other evidence including photos Avid David and the notice of violation all which received an entered as part of the record of this hearing I further move that the S violation be corrected on before February 12th 2025 if the respondent does not comply with this order on or before that day they are ordered to pay a fine for each and every day the violation 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 any previous violations committed by The Violator iov the def be $25 per day we have a motion have a second second right any further discussion no none so I guess need take a vote all in favor I I no nay motion passes so I you understand you have you have 60 days to get this resolved if after 60 days you still don't have the the uh there's still a problem with getting the roof repaired then you can come back here ask for an extension no guarantees that you'll get one but we'll at least listen to your to what happen so thank you so much I appr good luck thank you all right next case next case is case 24 2- 2968 City versus Spectrum Medical Park LLC for the property located at 311 Bullard Parkway she yes go first the cas is before the board based on an alleged violation of section 88-102 13B MH exterior walls the case will be prosecuted this evening by code code compliance officer Lori Smith the city has evidence that the ca the notice of violation and notice of hearing were properly served good evening again Mr Vice chair board members Lor Smith Code Compliance this case originated by a neighborhood inspection on June the 26 2024 my inspection revealed the barrel clay roof heavily stained with black mildew dead landscape material lack of a functional irrigation system the building sign along Bullard Parkway was heavily stained with green mildew low tree limbs impeding the sidewalk on Springdale Avenue the entire ex exterior wall building paint is very faded at this time I left a door hanger with a reinspection date of the 29th July 2024 my inspection on August the 8th 2024 noted no change therefore a notice of violation letter was prepared with the compliance date the 22nd of August 2024 Affidavit of service was obtained by hand delivery to the administrative assistant Nelly Pedraza Mr Vice chairman on the 8th of August 2024 Dr Baba called stating he would begin addressing the violations on the property on December the 2nd 2024 Dr baroa contacted me again regarding the notice of hearing on August the 12th 2024 I observed pressure washing of the Marquee sign and the low tree limbs along Springdale had been uplifted at this time I would like to submit photographic evidence of the violations taken by me on the 19th of November 2024 please please submit thank you sir than exhibit number one shows the irrigation system uh not being uh functional as well as exhibit number two does exhibit number three shows dead damage plant material on the north side of the building exhibit number four shows again dead damaged plant material north side of the building uh so does exhibit number five uh damage dead plant material exhibit number six shows the East Side roof heavily stained with black mildew exhibit number seven shows a North Side roof heavily stained with black mildew exhibit number eight shows exterior wall faded east side of the building nine shows exterior wall faded west side side of the building exhibit 10 shows exterior wall faded north side of the building as of today's date the site is not in compliance and I am seeking a ruling Mr Vice chair if you would indulge me sir this is uh not a picture that I included in my photographic evidence but I would like to share this with you and the board members uh this is a commercial PE piece of property right across the street from the property that is in violation I'd like you guys to to check a take a look at um the barrel Style Just so you guys can see what it looks like it should look like versus what the property looks like across the street okay this is a commercial site as well the site that we're discussing tonight yes sir but the picture of the that I've asked just so you guys please take a look at um so you guys can see how that that roof looks it is a a clay Barrel style roof as well uh just like uh this other property is Sir so there is a way to uh to have that um cleaned um and and and look presentable I just wanted to show you guys a picture just in case you had never seen that a soft wash on a c roof okay waiting yes sir I know there's quite a few anybody have any question questions is the respondent here I'm assuming yes all right said all all three violations are still in still present at the property yes sir they did correct some uh like I said uh Mr Vice chairman they did uplift uh the low tree limbs along Springdale Avenue um and they did some pressure washing on the side as well um uh the common areas uh sidewalks uh they did that as well sir so they did do uh some things to um you know bring the property into compliance there were more violations but they started working on them uh once they were notified that they were in violation I'm sorry um your your last written exchange with them was when um it was the day that I did the um this December the 2nd ma'am uh as on regarding the notice of hearing when I took the notice of hearing uh to the business um the doctor I spoke with him uh that day uh regarding the notice of hearing and he did let me know that he would be here or u a representative from the company would be in attendance this evening all right thank you yes ma'am is this the picture that shows the faded side is that the one excuse me honestly sir this is this is some um as you can see um there's a lot of staining right here this is two different colors um it's like if there was another color that was painted before this and maybe that color is starting to try to meet through is what I think okay okay uh some of the other other pictures um Mr Vice chair you can see that that color different differentiation on the east and west side uh maybe because we were inside area where those other photos were taken from Bo Parkway but that is one of the violations that was cited correct yes sir yes sir it is go ahead um this is this is one business excuse me sir is it one business yes sir the whole building is owned and operated by one business it's the owner is the same yes sir and all these violations I I know it's they asked it but I probably missed it uh the nothing been done so far uh no sir there there's some things that uh that did did get done uh they uplifted the the low tree limbs along Springdale Avenue those were uplifted so any pedestrians coming down the other walkway weren't the tree limbs weren't impeding them coming down the walkway so that was done they also did some pressure washing of the common areas sidewalks uh so forth and so on coming into the establishment um they had some pressure washing done and it looked great when when they got it finished so yes sir they did start on some things they just have a little bit more work to do but none of none of those violations have been resolved none of those they're still Yes sir active okay yes sir any other questions for the code enforcement okay all right so the respondents here and like to come up you like to okay so name and address first please your name and address oh we got to uh say what happened your name and address yes um yes um we've been here uh in Temple Terrace for 16 years this is my first hearing um and I know there are things that um like the roof like the roof we uh that should be uh taken care of and we plan to we need your name need you to state your name and address first for the record for the record address your name and address what name and address oh I'm sorry uh Ronald Barbour 341 bullet Parkway okay oh okay so um yes as as was pointed out there are things that uh need to be taken care of uh been here 16 years in Temple Terrace since my first first time um at the hearing and um we plan on uh taking care of the roof uh we're trying to see how we can afford that but we want to get it done uh along with the other things uh we're just uh asking for an extension in time in order to comply with uh what's being asked of us okay uh uh did anybody have any questions for the I'll go ahead and start um so have you been in touch with any roofers or any maintenance companies to kind of get this ball rolling work so you want to know if you have been in touch with any maintenance company or roofing company to get this done to do it uh no I haven't uh uh found a uh Roofing uh cleaning company uh at of yet but um that we want to do it I've Found Someone who says they can do it but uh uh we want to get it done uh uh but I haven't lined up people uh as of yet uh but it will be done so it it sounds like you also need some irrigation repair work done irrigation system yes the building has been bandal lied since since we've been there so we kind of gave up on those because we have a repair and then they get cut um so we're working on hiring by the way my name is MIL CB um we are we have somebody Hy that came out and look at it we may just have to cut them eliminate them for now um you mean eliminate the Shrubbery or the eliminate the regation because it'll have to be done alog together CU if you walk around the property you see that they it's the the one that's like H style so they're all been cut we've had them repair many times um just like the water fountain been bind the lights we can't even get it up the roof one thing my husband wanted to mention with the hurricane we have Leakes so it looks like we may have to replace the roof and to do that it will have to be both buildings there are two buildings so we replace the tiles and we don't have leak coming down yet of course we have Haven had much rain um and then we have like in three different locations in the building so we have to really have the roof repaired because if we have pressure washing right now we may just have a disaster happen so that's the first thing we're discussing getting a roofing company to look at and see where the leak if there is an actual leak is the storm hit us hard so we don't know if there are pieces missing up there because in the kitchen we had a leave leak and then the entrance area we also have great leak in there so that's part of the the problem but we are working on that absolutely um the buildings have to be painted and pressure washed and that's going to take at least $10,000 to get done so that right now the the financial it's an issue and the roof is uh because it's a commercial property is the roof has to be replaced in kind as far as a I know those those tile roofs are expensive and yes we got it the building was constructed in 2008 um we've had them repair since a few times both sides because they come off somehow the construction was not a solid so that's been an issue um we are working in different things to try to get the funds to repair hopeing to keep them a little longer but it's what 20 years 18 years old so the one across that you saw the picture for that was the house was redone about 5 years maybe six at the most so their roof it's much younger roof no excuse for not pressure washing ours but uh we do want the property to look as best but right now it's going to take at least $220,000 between the painting and repairs of the roof if it can be repair after the hurricane so I just just want to add something too just to follow up you're required on on Commercial properties to have a working irrigation so she can't she yes so you're also required to add Mulch and also to have the irrigation that's why the hedges are not growing or staying alive because they have a non-functional irrigation system that was my question is could could they come in compliance and just get rid of the of the of the of the shrubs in there but you're saying it has to have an irrigation Sy we had them repair many times and they get vandalized in our area it's an open area just like the water fountain that you see they broke the um the pump the top we had it redone they break it again so we at a point where we just left it alone I understand but the fountain is not our concern but the irrigation would be when you mentioned you're going to cut it around the property and you can walk all the way whatever they want he's saying that the irrigation is mandatory so we'll have to get a company yeah we'll have to hire company to get that see how we can change it from what it is because obviously it's break it's broken everywhere everywhere even when the companies for the City come out for the light we have them broken so it's been one of those things yes you have a question you you keep saying it's it gets vandalized uh what do you have do you have any idea why because it's a open area we had things vandalized kids get bored and they come around and run around it I think it's because of the way that the building were constructed we don't have Gates so it's easy access people just go through and I I see I see this irrigation is exposed you know it's it's still I mean it has to be some some of it has to be underground right yeah they were could be overground yeah above ground but cover up Iration lot M they're saying that if you have Mulch on the irrigation it will keep it from being bized cuz it'll be hidden for get a gate mulch MCH M to add the mulch cuz it's it's it's a it's very important it's it's a commercial property requires irrigation working irrigation system working fire alarm system working a lot of a lot of other yeah so it's it's a lot of rules that does not apply similar to the residential so it's uh it's very important to fix that and that's probably is going to require you to get some time and so what what do you think the the the amount of time that you would be seeking how much time do you think you need to get the company to get the irrigation going I would say to get it all done six months to get the roof and the irrigation yeah we're going to start on the roof uh in about a week two weeks for the roof but to make sure everything is in compliance about 6 months we removed the dead shrubs that were in the picture they're not there so we actually have a handy guy that's going to start pressure washing the building where you see the green um and then start to paint an area out the time um so we we do have somebody that's going to start working on the minor things and and then we have to get the company that repaired the one building to come out and give us a quote um take a look at it and see where the repairs do we have to work on the repairs before even pressure washing the building 6 months is a lot of time when when did this violation begin the start date on that start dat June 26 was in uh by neighborhood inspection June 26 June 26th okay it's been 6 months yeah yeah and the problem is because we don't have the financials as you can see my husband lost his leg so he's not able to do hospitals or anything and the numbers are not what they used to be so it's been more if it's not we want to neglect the property oh you're you're operating the business you're not renting it out I'm sorry you're operating this business we are but it doesn't meet the the mortgage so whatever we're getting it's going towards mortgage of the property yeah we lost our home so we were it's not a matter of not wanting to comply it's been more of life changes thank you you're welcome any other questions for the respondents thank you you can can be seated you can all right so any any other questions for code enforcement nothing all right so I guess I'm looking for a for a finding all right I got this okay in case number 24- 2968 I moved that the city has proven by a greater weight of the evidence the following violations of the city of temple terrrace code exist on the property located at 311 Bullard Parkway a um section 12 d1047 section 8-12 subsection 13 subsection C and section 88-102 subsection 13 subsection B this motion is based off on the sworn testimony this board has received from the code enforcement officer Lorie Smith along with um other Witnesses and 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 a further move that said violations be corrected on or before February 12th 2025 if the respondent does not comply with this order honorable before that day they are ordered to pay a fine for each and every day of the violations continue past the date set for compliance upon considering the following factors the gravity of the violation any action 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 we have a motion have a second second any further discussion yes uh I disagree with the um uh fine there are three violations and just to be consistent with other cases and be fair to all other cases and I know this here if it's corrected it's not going to be a really a factor but um since we have three violations I I would like to see a $75 per day $75 per day one per violation yes so any discussion on this I no I I understand the sentiment with it because we've done that in the past where it's per violation um this one I think they're extenda circumstances I wouldn't mind going up to maybe 50 but um just to be I'm a the we had we have similar cases I I don't mind 50 but um uh 25 is going to be a very minor thing and it's a commercial property that we need you know to see in good shape immediately I think 50 is a good compromise okay all right do I amend your motion I would like to amend my motion I amend my motion to move that the fine be $50 per day as of February 12th 2025 I'll res second that that okay any further discussion tonight okay all right all those in favor say I I I any Nays no Nays the motion passes so just so you if you want to come up I'll explain you don't have to exp I can explain yes that's okay it's fine you can stay seated stay seated uh you've been found in violation of this of the city code and the fine per day would be $50 however the the extension was for 60 days uh which is normally we have 30 days so we're given you a little extra time uh if you can't comply with all the uh the uh the violations by February 12th then you can always come back here and ask for an extension no guarantees that you'll be granted extension but we would certainly consider you the situation and act accordingly any questions thank you okay thank Youk you all right next case next case is case number 24-31 31 City versus terrrace Oaks HOA Incorporated care of West Coast management for the property located at 10325 council's way the cas is before the board based B on an alleged violation of section 12- 901 pools duty to maintain the case will be prosecuted this evening by code compliance officer Doug Allen City he has evidence that the notion 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 me on July 3rd 2024 for an unmaintained community swimming pool which was green and is it is secured and I left a door hanger with a reinspection date of July 11th 2024 my reinspection on August 14th 2024 showed no change so I prepared a notice a violation on that date with a reinspection datee of September 12th 2024 I posted the notice at the front door and a copy was posted at City Hall for the 10-day requirement and copies were mailed both certified and regular mail to the owner of record I have been in constant contact with the property management company and have allowed at least two different extensions to the compliance date my reinspection on November 27th showed no change so I prepared a notice of hearing on that date and the case was scheduled for the December Municipal Code board meeting this time I'd like to submit photographic evidence taken by myself on August 14th and November 27th 2024 please please submit thank you Mr exhibit number one shows the notice of violation posting and exhibit number two shows the green pool this photo may not represent the condition of the pools it's difficult to get a decent picture from the outside of the fence the site is not in compliance and I'm seeking a ruling right any while we're reviewing the pictures any questions that come to mind for the code enforcement officer yes I have a question uh what's how do you know the pool is not it's it's green mhm yes sir looks blue in the picture it's the reflection of the sky I think yeah say it was hard to capture very hard heard saying that system haven't worked since at least July oh oh good information you said you were in constant contact what have they said uh the management company said that they were going to continue to bring it to the board's attention apparently it was more of a monetary problem with the board I believe so are there any uh I guess uh mosquito problems or any any ISS well there's a lake right behind it or a pond so it's it would be difficult to say that kind of a mood point which one is it coming from okay all right is it closed is yes yeah the site secured secured and closed and nobody is allowed to use it I wouldn't think think anybody would want want but yeah is it want to go fishing open for use no no it's got you have to have a key to access the site okay but if they wanted if so if a resident wanted I assume if the resident had access had access card or key or code then you said there is a member of the HOA present tonight for us to speak to I believe soond here we had a Mr Adele Musa sign in for this one oh there he is he's right there so there you go any other questions for the code officer all right so it's all you my name is Adel Musa and do you want the property address or my home address property address address it's a325 cancel way okay um unfortunately or is it or is it his address well what we need is his relationship to the property and whether he has authorization to uh speak on behalf okay I'm a board member on the board also the president um unfortunately we were going through a tough times but um we had a meeting last week and um for the second time we voted for the electrical work and the pump works um we had electrician we already devoted for him like two months ago before the hurricane but um unfortunately he isn't able to come to do any electrical work so the um um bull company come to install the pumps so however um we increased the amount and we voted for it last week and it should be in the minutes so you increased the amount that you were that you were going to pay yeah yeah I mean the first electrician was asked about 2,000 something um we double to 4,000 something plus for the pumps like um over $5,000 and the money is right there is ready um we're just waiting on a management company to contact the vendor have them come and do the work there any permitting any permit required for this type of work uh electrical work depending on what it is he may you may want to contact Community Development to see if a permit is required for the electrical yeah I mean we we going to hire a licensed um electrician um that's what the insurance I mean the management company making sure they have the license insurance all this um I'm not sure exactly what's electrical work they are talking about because the pumps over there you turn them on they are not working I'm not sure if they get get in special pumps or something or um variable speed or honestly I'm not the good a good to answer those questions um but everything is ready at the management company everything approved in the minutes um they have the money for it um they're good to go anytime do do you have any idea when the management company still needs to approve no it's already approved I mean we we approved everything um it's just a matter they need to get the vendor they got to get their license insurance worker comes and make sure they do all the work and to make it um approve it if not then we have to go to the second company okay I mean unfortunately um I worked really hard I used to fix it by myself in a bti I used to go by the Ambassador and fix it but this time the board members they said they want to get um replace everything and unfortunately before that we had big company taking care of our swimming pool um and they left the the war on 24/7 and every month we used to get like $3,000 extra on a pill and we thought we had a leak and unfortunately it was them you know I have a picture videotape reported to them call the attorney unfortunately you can't do anything against them by law okay you have a question uh how long do you think it's going to take you to correct this honestly I don't want to give a date I don't have a date I mean they have everything they're already good to go um not should stop them unless if the vendor their license is not approved or insurance or um worker coms so um I mean I I might say 60 day but it should be way less than that because it's ready to go I mean yeah it sounds like it could conceivably happen in less than in before the next meeting in 30 days yeah it it should be done before 60 days but I mean as I said you know you call company they tell you just they come and they don't do the work because they are too busy or something okay so like Mr chairman just want to add that being this is a community pool and it is safe guarded by a fence it's fenced in but I would would not like to see more than 30 days a city would rather see this expedited and fixed as soon as possible well you know maybe I'm not sure as he said at the beginning the electrician might need to pull a pyramid or something or or they need to call you know I mean commercial is not like when you work in something your home you know it's um I think 60-day reasonable but I mean we'll wait let's wait and see I'm afraid to say 30 days it might be tight you know I just like like that electrician he was ready to go then he canceling us anyway you know sometimes you know the the count the uh we we give extensions in case you ran through trouble but as the city mentioned this is a commercial property we like to see it as soon as possible in 30 days if something happens it'll explain to you build yeah I understand it's locked and we can add another lock on it or something you know so people wouldn't have an access to it but you know I mean our community went through rough times you know like we used to have like three leaks under the ground and now like an average one every month and it's a lot of money going over there you know but we have the money for the pool it's already reserved and we voted for it did you did you want to make just a quick question I'm sorry if I missed it is the pool secure to where no one's able to use it that question was being asked earlier I mean I can add another lock if you want tonight I can go get a lock and add another like another lock so people wouldn't access but I think um they would be able to access if they use their um card because it's working a magnet so as as long we have electrical they can access but if you need me to put a lock I'll be glad to go to home people grab one and put it in somebody asked that question we couldn't add a stipulation like that anyway really we can't enforce that I don't believe so no I just think that it all I was trying to find out is whether or not there was access to it you guys would factor that in okay do you have a question or you no okay all right so any other questions for the respondent all right so thank you thanks thank you for your testimony I'll do this one um in case number 24 3131 I move the city is proven by a greater weight of the evidence the following violations of the city of temple terce code exist on the property located at 10325 council's way applicable code sections 12- 901 this motion is based on the sworn testimony this board 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 injured as part of is the record of this hearing I further move that if said violations uh that said violations be corrected on or before uh January 8th 2025 if the respondant does not comply with the order on or 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 gravity of violations any actions taken by the Violator to correct the violation and any previous violations committed by The Violator I move the fine be $25 per day have a motion need a second I second right any further discussion all right we'll take a vote all in favor say I I any Nays no Nays all right so the the motion passes and how many days you were given 30 days but as I explained or you probably heard the other explanations for other people that you know you can come back here in 30 days if there's some problem that you that can't be resolved you can always come back ask for an extension and and we'll we'll take it under consideration for you okay thank you okay thank you next case next case is case number 24- 3231 City versus Alex Joseph Marcel for the property located at 5202 Blain Drive the cas is before the board based on an alleged violation of section 8-28 A1 permit app required the case will be prosecuted this evening by code compliance officer Doug Allen city has evidence that the notion of violation and notice of hearing were properly served good evening once again Vice chairman and board members Doug Allen code compliance officer this case was initiated by me on July 12th 2024 for construction of a shed without a permit I contacted Community Development who generated a stop work order and I went direct to a notice of violation on that date with a reinspection date of July 22nd 2024 I posted a copy of the notice of violation at the the front door and a copy was posted at City Hall for the 10-day requirement and copies were mailed both certified and regular mail to the address of the owner of record my reinspection on no November 27th showed no change so a notice of hearing was prepared on that date and the case was scheduled for the December Municipal Code board meeting this time I'd like to submit photographic evidence taken by myself on November 27th and a screenshot of the stop work order and you may submit and also a photo of the shed I'm sorry okay thank you Mr Alan you're welcome exhibit number one is a copy of the notice of violation posting exhibit number two shows the screenshot of the stop work order and exhibit number three shows a picture of the shed the site is not in compliance and I am seeking a ruling and the the non-compliance is due to the lack of La of a permit yeah lack of a permit it's not in violation from any location or anything like that it just just needs a permit well or maybe the permitting process will determine whether it's in exactly I think it probably would be denied because of the I think there was some issues with a amount of pavers in the yard as far as not having enough Green Space on the site and then the proximity to the fence as well okay question I it's it's just a general comment I just realized that we're going through the holidays and you know so the timing is kind of like you know not even a complete 30 days so they just wanted to make sure you know that we all aware of that now did Oh you mean as far as the yeah fair enough because of Permitting City closing down you know for the holiday so we might be a little bit gentler on other cases okay yeah good point any questions for the code officer are there any issues with the shed itself structurally that you can tell it's behind off fence so I really couldn't stay okay and have you had any conversations with the respondent just to the respond contact me at one point and wanted to know if he could keep the shed and I said he really needed to talk to Community Development about that it'd be up to them to authorize that yeah permitting process would determine that possibility okay right no other questions the I assume the respondent's here I believe so yep here he is okay hello you state your name and address please first Alex Joseph Mel and I live in 5202 bla drive for the past 5 years since uh 2019 and I mean I'm a resident of State of Florida for past 31 years and this house is my third house in the State of Florida I used to live in Charlotte County I got I had two two houses in charlot County One 360 verm L P Florida and the other one is 3438 Melissa P Florida and this is my third house okay I'm 70 years old and I've been working very hard in this country since I left my country 80 I've been here 42 years never got a parking chicken never got an accident okay I buil that shed I didn't know I supposed to get a permit to build it but unfortunately I build it but I'm now I'm in trouble I'm I'm looking for forgiveness if they can forgive me because I don't know I don't have right now I don't have any money to do anything even to eat at my house this much is very terrible for me you know I'm looking for help if you guys can help me keep that head I will really appreciate it yeah this is a big thing you did you did for me and my family because I don't have any other source to do anything would you understand I know I valid I I I supposed to get a p because some friends told me if that shed is less than 150 ft supposed to get a permit that's the that was the reason that I bail it and I bought all the stuff at Home Depot from my credit card because I need some extra room for if I got a family coming to you know to put some stuff but now I'm in trouble if I can find a way to get out of trouble and I will really appreciate it but you just need a permit what's the cost of a permit for you know I don't mind to I would guess around $80 I would guess around $8 okay for a permit so it would cost you $80 to to get a permit for the shed okay and then at that point the the from what I understand the the city would then determine uh whether or not the shed was in the proper location they can't be I think part of the rules are that it can't be uh right it has wasn't it something to do with the uh setback requirement yeah the set requ setback requirement I got a picture of it in my phone if you were to look at it yeah we we also try to get a volunteer group to help him dismantle the shed and that fell through that didn't work out so he has a choice of either removing and dismantling the shed because he built it himself so I'm sure he knows how to take it apart or he's got to apply for a permit okay I can do I can apply for a permit if they want me to pay for the permit I yeah even I don't have the money but I will I will find a way to pay for it you know because I've been resident of temperas every month if you look at my record I never L with my bill my check is always in the mail before they do that never got problem with anybody because I been that been in my L for St Jun and since that time C is still doing some well guess if if the permit comes back and they do say that there are concerns about proximity to the property line the setback rules all that if you can't dismantle it and move it yourself would you take the help of the volunteer group that they've that they the city we said they will provide me some volunteer to help me you know we moove it but um I I still got a fun number on my Rec cord for somebody to call but I never they never get back to me yeah to because I can find I don't I don't have a way to do anything you know if if I can get some help did you have a question for Tom um the shed as it is stands right now is it uh I know he did not submit for permit so you don't know the distances but in your opinion is it kind of legal position for it there's two factors here that I can see from the photo there's no 5ot setback requirement uh it looks like it's right up against the fence and two is there's all pavers in that rear yard so he wouldn't be able to move the shed to another location he's got to remove some of those papers as well so he did not build it on a a platform or a slab you want to see some picture I got some picture on my phone we seen the pictures those are it doesn't really come into play it's whether he gets a permit and then or he doesn't I mean that's what he's hearing shed was purchased from Home Dep no no the he built it yeah you built it from scretch from just wood and again if I know I was supposed to get a pit to build it there is no way I will build it without the permit you keep because not in trouble by the way I just wanted to put your at you're not in trouble you keep saying I'm in trouble I'm in trouble you're in violation so I know I know it's not trouble uh but um yeah the issue here is the permit whether or not he can a permit if you can apply for a permit and I think officer Allen already said he in his opinion it looked like the the shed was too close to that to to the property line right so it may have to be moved but again he has to get the permit through before we can we already heard that that was a pretty quick turnaround process correct even in light of the holidays being at the end of the month would that's good news would the community development tell him where he might be able to put it if he had to move it did move it yes if it was approved um and or not approved they would tell him where he can move it so it would be approved okay okay that's fair he might need engineering plans to for I don't think so for a shed but I'm I'm not 100% we had any further questions forther respond right thank you we're we're done with any questions for you unless you have something else you wanted to to say what should I do now wait for us to make a motion we'll and we we'll tell we'll you know we'll have a motion and we'll let you we'll let you know what what we decide okay and and tonight we're going to do it right now stay right there yeah don't yeah you can stay right there if you want to I will will appreciate it all right so if there's no further questions for code or uh the respondent uh I'm looking for a motion I I'll try that one okay in case number 24 3231 I move that the city has proven by the greater weight of evidence the following violation of the city of Temple Terrace city code exists on the property located at 5202 BL drive with the applicable codes violation section 8-28 subsection a subsection 1 permit application required this motion is based on the swor testimony this report has received from the code enforcement officer uh Doug Allen along with any other evidence including photos Avid David and the notice of violation of which received then entered as part of the record of this hearing I further remov that the Sid violation be corrected on or before February 12th 2025 if the respondent does not comply with this order on or before that day they are order to pay a fine for each and every day the violation continue past that date set for compliance upon 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 $25 per day we have a motion is there a second second a second any further discussion on this topic all right so let's take a vote all in favor say I I no nay the motion passes so you've been you've been found in violation of the city code the fine is going to be $25 per day but it it'll it won't occur it won't start uring until uh 30 days from today to the next code oh was it 60 I'm sorry yes February 12 okay sorry I give him 60 days because you remember we're coming into holiday season okay all right so you have 60 days to to uh to to get a permit approved by the city uh and if you if there's some problem with the permitting process you can always come back here and ask for an extension and how can I do that you would you just come back here just come back yeah permitting the first floor City Hall okay first floor City Hall you can obtain a permit there uh to get a permit right M on the first FL yeah it's right it's right here in this build yeah so any come tomor you can come back tomorrow and do it honestly you have to get an application an application and there a fee attached to that application okay okay I have to get an application from from the first flow that's correct M okay then I have to pay for the permit there yes correct and then they will tell me what to do yes yes right okay and because if I if the city going to as they said to me they they Pro will provide me help to do any thing they want me to do because I don't I don't have the somebody will help him if it needs to be moved or being the volunteer group that I put together it felt through so I don't have a a volunteer group to help him move it oh well I don't have that group anymore let's see what the city says and then make yeah make moves after that once there's some more information one step at a time mhm so do you understand what what just happened or know how you know how to move forward as far as getting a permit I okay if I get a permit that's when I I can keep the ched mhm huh well not we want you to come get a permit or get the permit and then if it doesn't meet the requirements then the city will tell you what you need to do to meet those requirements you can apply for a permit that's going to cost roughly $80 to apply for the permit the city will then evaluate the S your the location of your shed and the situation that you're in and if they approve it then you're you're good to go no problem if they don't approve it then they may tell they may tell you where is to pay for the permit correct okay okay then I I will do that there great thank you okay thank you thank you very much yeah have a blessed day you too thanks can go now thanks for that thank you than um I handed I moved everything over yeah I think we oh oh here here we go I was going to oh never happen I sat on him I was going to move everything I got so whenever you're ready Joe we can move to the next case whenever you're ready next case is case 24- 4516 City versus Cynthia te El Meers and Robin a Bowen for the property located at 6224 soaring Avenue the case is before the board based on an alleged violation of section 12- 771 tree trimming invasive trees the case will be prosecuted this evening by code compliance officer Lori Smith the city has evidence that the notion of violation and notice of hearing were properly served good evening Lori Smith Code Compliance this case originated proactively on October the 1st 2024 my inspection revealed the east side there was an oak tree on the east side that had been topped left a door hanger with the reinspection dat of the 4th of October 2024 my inspection on October the 7th 2024 reveal red no change therefore a notice of violation and notice of hearing irreparable irreversible violation was prepared and scheduled for this evening's proceedings no one was at home so I did post the notice at the front door and request as copies be sent certified in first class mail to the owner of record I also requested a copy be posted at City Hall for the 10day requirement Mr Vice chairman Miss Myers contacted me on October the 3D 2024 she stated she had spoken with Temple Terrace City arborus Joe Ferris Miss Myers also stated she did not possess an arborous letter the date the oak tree was trimmed at this time I would like to submit photographic evidence of the violation taken by me on the 24th of October 2024 submit thank you sir thank you m exhibit number one shows a notice letter posted at the front door exhibit number two shows the top sand oak trees east side of the property as of today's the site is not in compliance and I am seeking a ruling uh the respondent is here in the courtroom uh in attendance this evening and would would like to come up and address the board fine Joe Ferris yes sir and the arborus um Joe Ferris is is here as well if the board would happen to have any questions for the arborist could you define topped Poli well that's what I was just going to say I think Mr Ferris will come up to you about all that he's the expert in this area Okay um one more question when did this happen uh the day that I initiated I saw uh um uh was October the 1st uh 2024 before or after the hurricane before so this was this was before yeah this has nothing to do with the hurricane has nothing to do with that I understand okay any other questions all right so guess we need to hear from Joe next thank you thank you good evening uh Joe Ferris City Arborist so as Lori stated we're here due to the tree being topped uh per our code topping is prohibited on any type of tree the um International Society of Arbor culture finds this inappropriate practice that leads to damage when a tree is topped um to try to best explain um if I could bring that tree over here it would be easier but we'll just use my hand for instance so this is the trun of the tree these are all the limbs going on the tree then they would grow out with other Limbs and your full canopy topping takes and cuts it back to Stubs removing any canopy that's on there doing so stresses out the tree it'll Force the tree to send out suckers or water sprouts they're called on the tree when it's stubbed out the tree will never heal in that location so it leaves it susceptible to disease and pest um those water sprouts can get larger and they're weaker attachment so they can break off easier in the storms um basically the only time the practice of topping is appropriate is in the full removal of a tree so if the tree had to come down you'd be topping it to that point and then taking it down to the the trunk of the tree or the stump so in my own professional opinion topping is basically a removal of the tree the tree will never be the same again even if the water sprouts grow up the athetic of in this case Live Oaks is lost forever you have essentially an ugly looking tree um so that's pretty much what topping it refers to is it's removing the entire canopy and leaving just stumps on there um that's pretty much on any questions on understanding topping or what that think topping I'm just curious about uh the condition I guess you don't have any pictures of the condition of the tree prior to the topping uh but in your opinion the tree was healthy right I mean it's there it was it's a live oak so it was a healthy tree um in my conversation with the the property owner she had hired someone to trim back from the roof of the tree obviously they weren't understanding The Proper Cuts and they cut more than what they should have so what was done was not again appropriate cut for the tree and there was just again I think if I remember right uh you have uh in order to do something like this you would have to have a a letter from an AR if then I don't know the state laws have changed yeah that's that's if if the the the company that was hired had an arborous on staff um I I don't know that you would use an arborous letter to top a tree most of the time it's done to remove the entire tree and yes that would overrule any of our codes and requirements for permitting if the arbor letter was done ahead of time but in this case it was not and that would have to state that letter would have to state that it's a risk to it's a whole report that they would have to the um homeowner has to possess that at the time so it replaces the need of a permit but again I haven't seen where Arbor letter has been used to top a tree it's been used to fully remove trees right and not leave these uh stubs out well cuz it could still fall I mean the trunk is still there yeah cuz eventually that'll just rotten Decay that that where it's stubbed out is not in the location that a tree will heal itself um and again it stresses itself out which causes you know the the uh to increase of the decline of the tree the remediation is to plant yeah so that's the the what we're looking for is one of two options if the homeowner is not willing to remove the remainder of the trees is at this point they should just be taken down and replant another tree we're looking for a fine of up to 5 ,000 for um the the work that was done if the homeowner is um responsive and will willing to remove the the Stomps that there and replant another 3-in caliper Live Oak then we're looking for a fine somewhere between a thou $500 and a th000 I will say I did speak with the homeowner the other day and she is more than willing to rectify the situation remove what's left of the tree and replant and I I assume the tree we wouldn't require like um you have a per you have a permitting process right for removal of a tree because the tree looks like it's yeah at this point I'm not going to require permit because again it's essentially already removing it in my again in my professional opinion you top something like that you've essentially just remove the tree even though you have these weird kind of stems left so from the city's perspective would be replace the tree and then whatever F you find appropriate for the Irreplaceable reversible damage okay have you have you looked at the tree you went visited the side yes what's the current situation right now and you can see in the pictures there are water sprouts so the leaves you do see are those water sprout expecting is happening yes yes but in time again that tree will begin to rot because it it's not cut in the appropriate location if you look at again I'll use my hand as example if this is a limb on the trunk of a tree if you stub it here at the knuckle it'll never heal if it's cut back to where it's attached the tree will naturally heal itself so stubbing out will never heal the tree and when you take the entire canopy off it then it really stresses the tree if you do a few of these and they're stubbed out some minor stress but the entire thing you're stressing that tree out major okay problem yeah thank you any further questions for the arbest very informative thank you okay you're wel yeah yeah respondence here please approach and state your name and address hi um hi Mr Vice chairman and board members my name is Cynthia Myers uh the address is 6224 soaring Avenue um I just kind of prepared something so that I can get through this um my mom and dad moved to Temple Terrace 40 years ago they loved it here my father passed away in May of 2021 my mom soon started a decline and was unable to live alone it made it necessary for me to take care of her so I left my life as I knew it and it was an honor to do so needless to say because they were in their 80s there were a lot of things that had been neglected I tried my best to remedy things as they came in March this year my mom became increasingly worried about the trees she told me to ask the our long time our guy and I did and I will say at this point I wasn't who I was Prior 3 years prior I was exhausted and hoping for help in this situation I spoke with a man that was referred to me ever Melgar um he had done a couple of other neighbors so I went and talked to them he said he was gave me his license and all of that um and I I hired him because I didn't know what the processes were so um I assumed he knew what he was doing um that's the reason I hired someone um the last thing I ever wanted to do was har those okay sorry take done it was never my intention I love this community and I've only tried to take care of our small place in it please find it in your heart to see that this was not deliberate or intentional and I thought I had done the right thing before hurricane season and now no one feels worse about this than me my mom passed away this August and I have to say I'm or leave she never knows has to know how horribly wrong this went I feel I failed her I have contacted multiple arborists um but I'm running into what everybody's running into since the hurricane I get put on a waiting list or people don't call me back um I have gotten an estimate to remove the trees and I will do that it's because I did talk to Joe I was doing my research hoping to remedy it maybe do a long-term something that would save them but it sounds like and like I told them I was raised by hippies and they we're all about the land and the trees this is and I just I told Lori I'm going to plant another tree and maybe I'll just make it a memorial to my parents um but I honestly didn't I had no idea um I want to thank you for taking time out of your busy day to hopefully understand what I was trying to do sorry it's okay any anybody have any questions for the respond I have a question for like with this when we make a motion I've never made a motion to where remove the tree plant the tree is that all we would really have to say like because normally it's a monetary fine but if it's not going to be that you know I guess I've never made a motion sure the arborus did request a nominal fine for compliance and a larger fine for non-compliance so that's still part the discussion yeah but it's up to us to even um um I think wave the fine and just have her plant a tree I yeah I because it's not intentional well I guess discussion is generally for after I'll say um but I that was the question because I didn't wasn't sure how to make the motion special protocol for this kind of a motion okay yeah well well I was initially going to answer your first question uh which I think we kind of get to at the end is yeah the the request is you know if you know first of all you you know you'd have to find make the determination whether or not there's a violation and whether or not it's irreparable irreversible if you make do make that finding then what the city has asked for is basically a contingency a fine of x if there's no replacement you know removal of the tree and replacement uh or you know or a lesser lesser fine if there is if the tree is removed and um and there is a replacement for it so I say you know however you guys want to try and word that you can try and you know help you work through that um do you remember what the what the maximum fine was I think was 5,000 if they don't comp for compliance with the motion it would be between 500 and a th000 he requested that's what the request okay all right one more question for I know it says minimum 500 up to a 5,000 no he just said that's what the city is the city's requesting we can it's up to us to do anything do whatever we want because if she plants a tree that's going to be also costly for her so and then was not done in more reming because the city the city the city will provide a tree uh I don't think we're going to be able to provide that tree no removing the tree is going to be more expensive remove the tree especially of the caliper that really needs to be to replace this 2 in I think I think 3 in yes yeah like was the tree behind the house on the side of the house and they just kind of got where they were growing so much that they were kind of on the house and it was around April and mom was getting edgy about it and I what I'd asked him to do was I said can you trim it back off the house I didn't he just yeah and I but then I thought I looked at it I told him I said doesn't that looks like that looks OD he said well it'll grow back and I'm like well then I don't have to deal with it for a long time CU I had so many projects you know I took bushes down to like Babys size so I didn't have to deal with them for years CU I was taking care of Mom and I was working and you know and so I thought well okay they look ugly but maybe I won't have to deal with them for a long time you know I just I didn't like I said I I just didn't understand I understand now and that's where the tears come from is that just to to harm the trees like say the way I was raised it was I'm just glad I don't have to tell my mom about this you know sometimes it's a good idea before hurricane season to trim the trees and get them away from the house that was the intention you know because a lot of damage that happened to rooling and because because of you know overgrown trees over the house oh yeah this is they did yeah topping that's a new word the word for today is topping right I found out all about it now we find out what it is topping thank you P all right so any further questions so all right well thank you thank so look yeah looking for a finding if anybody want to try this one yes um U this is this is going to be um there is a violation and we're going to read it like um uh with with a one lump sum fine with the with also enforcing imp planting removal of the tree planting a new one yeah I think you're going to be on your own here as far as there is a do we have one rever oh I guess there is one in there that's right uh but I don't know that it goes into the detail that not yeah I mean this would be where is that uh there was I don't I don't have the we have a repeat we have a for we don't have any of that language we don't have we have the complied with say give your best shot if you feel if you yeah yeah I I will give it my best shot and in I'll try we'll see we'll fix it if it's in case number 24 4516 I move that the city has uh F the the uh property located at 12 214 North 51st Street no sorry uh 6224 soaring Avenue in a violation of topping and over topping of a tree section section section uh 12771 which is in also Alo falls under in invasive tree cutting this motion is is um is made to um based on the evidence including photos affidavit and the notice of violation is received and entered as part of the record of this hearing I further move that the S violation be corrected on or before isable we need to get that let on thisne again uh if the city would be asking that this be a uh IR finding of a irreparable irreversible which then would kick in the flat fee and not a d yes the city F do I have to start again or well one question would does he have to give a date for tree removal and tree planting yes I can see 60 days within 60 days yeah I mean it would certainly be helpful and I think it would even be helpful for the respondent to have some sort of timetable but understand that it being yeah it would not be a daily fine or along those lines but yes okay give it a shot and see if you can include in there like a deadline to have this done the city has found that this uh action has been it's the board's finding not the city's finding yeah okay this board uh finds this situation is irre and irreversible thus requiring a 60 days first to for removal of the existing damaged tree and then planting the minimum requirement of the the 3-in live o in replacement plus imposing a $100 fine for the reversible and improbable uh removal the deadline for this to be completed is we won't need a deadline rep revers given a deadline to the the for the planting of the new tree is February 12th 2025 and does that sound so that's good I'll get it okay do I have to clean it up again or uh I thought there was two parts to it I thought first it there you have to State what what what the consequences are if if the property is not brought into compliance if she doesn't chop the old tree down if and if she doesn't plant a new tree then you can have a a a fine up to $5,000 no cuz I thought it was because it was irreparable and irreversible it was a flat fine and so it would go as a lean against the property if it was not completed and then the second part was if she does comply within the 60 days then there we could also impose a a small a fine between the city asked for between $100 and $500 so there was kind of a two-part that's the way I understood it is that is correct yeah so there so so you basically you got to you got to tell us what what what's going to happen is is the fine definitely we have to impose One Fine is there a fine going to happen if you if we decide to there's two there's two fines two possible fines one is if they don't if she does not come into compliance if she doesn't take the old tree down she doesn't plant a new tree then there is a probably a higher fine that we could impose let's try again and then if if if she does comply then it's also possible that we could impose a lower fine between $100 and $500 that's what the city was asking for so it's kind of a two-part okay so start again you're doing great give her another shot we'll give it another can you sit next to me and you may not hold your hand in case number 24- 4516 the city has found that the property located at 6224 has an irreversible and re and re reable uh and in in in phase in with a violation of section 12- 771 in in FA in tree trimming and invasive tree cutting topping the the board uh has found based on the testimony of the uh code enforcement officer along with any other evidence including photos and a affidavit the board is seeking to have the tree removed and replanted a new tree in place of this uh damaged tree the deadline for that is February 24th 2025 not February 12th huh February 12th 20125 February 12th 2025 if the responded does not plant or uh do the required work to rectify this situation they can be having a u fine up to $5,000 you need to specify go ahead if if if the board would like if the I can try and I will talk with the respond and try and draft a template of a a motion for you please that'd be awesome but I'll need a couple of minutes yes please please I think I would maybe ask that you go to the next case and in the meantime I'll speak with the respondent and try and come up with some wording should we confirm exactly it is that he wanted to I will work in with all right perfect thank you that will save us a lot of yeah it's yeah it's better not bad no that was a tough one it's a lot easier when you can it's a lot easier when you can just read off yeah we'll Circle back so we're going to we still have a few new um new cases I think it's up it's up to you are we going to go back to uh yeah we're going to move on and circle back when any returns with our drafted motion right so we're going to there was another person we have we have the ne the next one on the on the schedule was supposed to be one of the presentation of Unfinished MCB cases but we did have a gentleman come in after the meeting started and we had finalized the the agenda order he's actually the first one under new cases okay I was going to just go I was just going to go in the go to the unfinished cases then we'll finish up with with the last person for new cases okay okay chairman uh I'm would I make a motion to have a five minutes uh sure you want to you want to take a recess yes yeah absolutely yeah that'll give Tom I mean ear any time to yes hash things out and maybe we'll be ready when we get second 5 minute break minute recess e e e e e e e e e e e e e e e e Mr chair um I have spoken with the respondent and we have uh worked together on some language the language is in front of the uh Rod right now um so I just uh I just I was letting them know that we had agreed on the language of this motion and everything so and and again I have to State the address of the property which is not included in here okay I'm sorry I missed that yeah fine can we just steal from the first paragraph here yeah just steal steal the first yeah the first paragraph Okay um let's try again in case number 24- 4516 with the add uh with the address located at 6224 saring Avenue I move that the city has proven by the greater weight of evidence that the respondent has violated section 12771 of the city of Temple terce City code I further move that the that this is a reible and in inable violation if the respondent removes the tree and plants a 3-in caliber replacement Live Oak the fine will be $100 however if the respondent does not remove and replace the tree the fine will be $1,000 removal and replacement should be completed within the next 6 months all right we have a motion do we have a second second right any further discussion on this seeing none uh ask excuse me take a vote all in favor say I I I no nay motion passes so I think since since you helped write the the motion you probably understand exactly what's going on so I will they gave me a little bit more time but I intend to get right to it and it just a matter of if I get somebody out there that's only thing that's going to delay it IED to you know take care of it yeah but I appreciate the extra time finding a tree company right now yeah that's true I'm sorry you lost the tree so I just have lost your folks yeah and and your and your mom too and your parents yeah no I learned a lot about trees I will never do that again I have one question for Ernie uh said within the next 6 months so the Code Enforcement Officers or who's going to be Mr feris will be monitoring this situation will be yeah because we did not specify a specific day I understand yes yes we again Mr Ferris is well aware of what the requirements are yes work with the respons all right next case wonderful thank under unfinished business this is this is case 24 - 4577 City versus Andrew D Henry for the property located at 329 Sunnyside Road the deadline for compliance is midnight tonight A Fine of $25 per day begins on December 12th 2024 so wait which case oh there last one we're are we going to the no well he's here so are we doing unfinished business yes cuz he's here gentlem on Redwood Avenue 3477 yeah this is the I don't see I read the wrong one yeah yeah yeah so so this is case 243 24-3477 okay City versus navil vano okay gotcha okay again the deadline for compliance is midnight tonight A Fine of $25 per day begins on December 12th 2024 Mr to refresh them the board this was a permit requirement for a shed that was installed on the property and the respondent is here today sir you want to get up at the podium and address the board you still need your name his name and address right my name is elbano Nava and I live at 203 Redwood Avenue okay thank you uh basically all I'm here for today is to see if I can get an extension I uh November 12th I appli for the permit uh they have the paperwork I'm just waiting for it to be approved um it's been a month and basically I'm just waiting till it gets done is there any reason I thought you were earlier we said permits would be processed fairly quickly is there a it the the application has to be screened by a city planner to make sure they have a setback requirement and all that so it does take time um but the gentleman's already stated he's applied already yeah he's just waiting the 30 days okay so any any questions question do you think in 30 days including the holidays that's coming up we'll be in good shape to did you get any respond back within the month well I I spoke with them every week since the 12th uh my last one was um last week or Monday I think I called you dog left you a message that's dog dog sorry uh left a message but I've talked to them uh once a week cuz I I like to get this resulted too so I wasn't thinking about the holidays as you mentioned so more than likely I don't think I'll hear from this until probably January I don't know I couldn't tell you um I was hoping to have it done before the end of the year but um I mean all I'm waiting for is for them to approve it yeah it's just the permitting process it's I think the shed's already there right it's not uh no I stopped because I wasn't okay all the way done I mean it's halfway done so we stop working till I get the permit at this point it's in the city's hands sounds like yeah yeah it's hard for hard for him to estimate how long it's going to take done everything city is the one that yeah can I make a motion on this sure can I make a motion to extend to February 12th of 2025 second 60 days is a little bit much well I mean but it's January 8th like that's right after the New Year if we go to January it's right after the New Year and you have Christmas and all that in the middle like that's that's my only reason to go to February because if he's already waited a month and he's not heard anything if he's already applied for it like there's not much more he can do and I don't know what PTO looks like at the city to be honest I agree with Brian because I I wish we I realized that with the gentleman with the pool to be honest with you you know I I went with you then I did not realize that we're coming in to Christmas and a new year and that's you're talking about almost 20 days and you're giving the uh our citizens here very very short time to kind of like comply okay the board's decision yeah it's our decision I'm okay on this February 12th all right so uh she second we have a motion you have a second okay any further discussion all right time to take a vote all in favor say I I I no Nays motion passes so you do have an extension till uh for actually 60 days so yeah that would be great I have a hold then if I get an approval but that would be great I'll wait till I get it appreciate your awareness of the calendar and the upcoming closures I wish I realized that earlier cont I was just too cold uh they they did that at first but they told me that the reason was for uh the U code approval for the materials being used what they neglected to tell me was that there is a website from Florida that gives you those numbers so once I figured that out then I was able to go ahead and put everything that I have bought which one all right so all right so we're ready to move to the next case and we're gonna we're going to start go back to the to the top we are back to new cases okay uh next case is case 24- 2353 City versus James Allen Joyce AG Evans for the property located at 11305 East Queensway Drive the cas is before the board based on alleged violation of section 10-4 b4a nit buildings 90 days the case will be prosecuted this evening by C compliance officer Lorie Smith the city has evidence that the notion of VI that the notice of violation and notice of hearing were properly served good evening Tom Bron Code Compliance this case this evening originated back on May 20th 2024 when I received an early morning phone message from fire chief chief hegard at that this home was damaged due to a fire that started inside the garage by visit that same day noted heavy fire and water damage to the structure uh 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 unocc occupied she posted the notice letter at the front door and she requested copies to be sent out first class and certified mail she also requested a copy to be posted on electronic board at City Hall for the 10day requirement my inspection on November 25th 2024 noted no change therefore I prepared the necessary documents to have this violation presented at this evening's code board at this time I'd like to put uh enter into evidence photos is taken by Lori Smith and I exhibit number one shows the fire structure damage that was taken by Lori Smith on May 23rd 2023 exhibit number two taken by me on November 25th 2024 noting the fire structure at this time I'd like to submit yeah you may please submit Mr did you say 2023 2024 okay one of them there was on May 23rd Sor Lori Lori took a photo and November 25th 2024 was taken by me okay was this the chimney this was the chimney case that was done probably about two years ago yeah okay this is the same property okay my concern about the structure is there's a school that's uh right around the block from this property there's children cutting through the uh the vacant lot next door to this home it cuts through to East 113th Avenue so there is children going in that that area the neighbors are a little bit concerned that this structure has been sitting idle for a while um other than that as of today that there's no change to the property the respondent is here this evening to address the board um you feel like the property secured uh it's secured he's got the boards up against the windows and he's got yellow tape going around the structure but still children will be children and of course uh um it's just a a safety issue of concern so uh it is a a violation of the 90day nuisance to the uh neighbors so if you read the the violation um in the violation itself in under Section a it uh distracts from the appearance of the immediate neighborhood or reduces the value of the property of the immediate neighborhood so okay that's the 90-day newsance yes yes soin are there any questions for me yes uh how long this happened how long has been this this initiated from a phone call on May 20th 2024 May May 20th 2024 yeah you said the property had been unoccupied for a while since since the fire the home has been occup unocc and the fire occurred in the garage but what date did it occur on May May 20th okay so it all happened at same time yeah got gotcha it's not occupied at all it's unoccupied okay no and it's secured but is there like a fence around the property line or no okay everything is boarded everything the front door everything everything is boarded I see the garage the front door is not boarded but wherever the fire was the garage the main struct that that is boarded up okay yeah it's exactly what we see in the picture that's correct right that was taken just the other day any other questions for code officer all right so I guess I assume the respondent's here tonight yeah please approach I'm James Evans I lived at 111 11305 East Queensway Drive uh all the other people have been up here I've lived in tble Terrace longer and I'm older than anybody plus one other in this room my family moved here in 1955 and I've been a resident since I've lived on about five different addresses I've known every mayor and sheriff and I mean chief of police uh Pam bondy's mother asked me if I would arrange a meeting with her daughter and my wife who was an attorney to see if she could recommend a law school to her after she graduated from college and Pam spent about two weeks with my wife as her assistant took her to all her cases took her to Court took her to depositions took her to Jes and Pam loved it and decided to go to law school which she did at ston so paty is her mother's name she was my fourth grade teacher Mrs fee the mayor's wife was my first grade teacher I attended third grade at the annex next there to the first hole on the golf course so I've been around here my house is not abandoned it's a fire it's totally destroyed it's going to be torn down the insurance company is dragging her feet unbelievable and I can say this in at least in one side of their tardiness is with all the Hurricanes and all the other losses they've had they are so overwhelmed I can call them leave a message I'll hear from them like three days later four days later and then usually it's a just another message coming back to me um but it will be torn down uh they've tried to offer me a ridiculous basically 40 cents on the dollar of their own estimate 40 cents 40 % basically of the assured amount which I'm not going to accept they also offered to okay give me $3,000 to gut the house to take all the POS everything out of it which is a total loss I'll be happy to give you all my phone and you can look at all the pictures what they've had me doing for those four months I've been living in a hotel I have pets at the house that are still there I go over every day and feed them and water them my neighbors do not have a problem contrary to what you may have heard um I'm good friends with the neighbors the neighbor on my left is mowing the yard for me he's using my mower uh it escape the flames and I managed to fix it enough so that he could use it so he mows my yard and my neighbor on the right lets me use their water to water the animals and to water the plants I've maintained the yard I've mowed it I keep it grass cut um the day of the fire which was the 20th night it was in their narrative here despite being advised of the violation on May 20th there was no violation I was being advised of on the 20th because that was the date of the fire um I think that's just incentive to try to make it look better worse than it is but um I'm at the mercy of the insurance company I can't do anything until they settle at least on the interior they even tried a little sneaky one i' I've had to hire an attorney I've hired a um um a uh professional adjuster the insurance company has tried to they sent like four arts and and requested like four arts and investigations they had a chemical analysis done spots throughout the house looking for any type of accelerance or anything they could find chemically so they can try to hang something and try to avoid paying me all have been negative they've given up on that finally but now they've like well they want me to itemize and so I go over there I go over there feed the pets I spend about an hour I have COPD and the house is pretty nasty inside I've got pictures on my phone I'll be happy to let y'all pass my phone around and look at it but I go over there and I spend an hour or two as about as much as I can stand digging through and making a list because they don't want a blanket like a box of shoes they want to know how many shoes are in that box and what brand are the shoes in their box I've got uh right now they've got over I've submitted over $400,000 just in personal possessions that I've taken pictures of and comb through that house for months um they're not paying for me to live they're reviewing it I finally got sick of living in a hotel for 4 and a half months and we just rent an apartment up in New Tampa so I drive down like I said once a day almost every day sometimes it's every other day but the day after the fire I met with the with the fire chief here he said there was no AR I stay with him that night he did an examination he found no evidence of arson said so my investigator hired separate investigation in arson but anyway long story short at that time they said we needed to enclose we need to seal the house up or protect it safety F or make it safe so we boarded up the four garage doors which they had chainsawed through or concrete saw whatever they used uh the firefighers to get into the garage and we put a padlock on the front door secured the windows and put uh braces across the back doors in addition to the door locks but as far as the maintenance goes I'm doing everything I can to keep the place looking normal and saying that there's nothing been changed since they were there that's not true and Lori called me um I needed to secure the site make sure and yeah there was a piece of plywood loose on one of the garage doors I fixed that I checked all the locks check the windows made sure the yards keep in mode um I talk to my neighbors literally every day almost every day I can't say every day but and nobody's complaining at me they're still offering to help me I get calls like hey I you know like after the last hurricane tree falling back of the house I'm still paying 600 some odd dollars a month Insurance to State Farm on that house you think they're going to give me a claim on the insurance from additional damage from the hurricane fat chance you know and I sit here I read this stuff through and it's like I'm doing everything that I should be doing I'm the one that's the victim I'm the one that's getting slaughtered here my wife and I grew up here everything I've honed everything I've had since I was in first grade was in that house my mother China is in there my parents are dead her parents are dead well her father as a matter of fact her father's one of the you guys used to use him quite a bit he's a retired Circuit Judge lives here in temp Terrace and over on St Augustine you talking about something that's been sitting for a long time go drive down St Augustine where they fixed the road ran a pipe down it filled the trench in halfway and you drive down that road and it's like driving down a dirt Buckboard Road it's tearing up cars practically and nobody runs over there to fix that and you come over and tell me I should do something when I don't have the insurance to be at I'm I'm not the one trying not to fix this house but I am doing everything I can legally do to maintain it and keep it safe and not be a nuisance and not be a problem I could be sitting in a hotel eating food and letting somebody else worry about the tall weeds but I'm not I'm doing what I could and I think this is a travesty um I I I just I I it's not dilapidated it's not partially constructed it's not abandoned um if it is I'd sure like to see a credit on my taxes that would be a godsend um but I I just it's it's not there now will State Farm do anything between now and next 30 days probably not we got deposition set for January um I don't know what they want to ask me I'm sure they're going to try to ask me some silly ass questions about do I store absurd amounts of gasoline or something no but anyway I just got a notice that the from the attorney that they had deposition schedule for January what they're going to depose I don't know but there's nothing I can really do other than what I'm doing I'm keeping it neat I'm keeping it clean I'm keeping trash down I'm not letting debris build up um they did tell me I could haul the garage pieces off that were that the fire department cut down that were inside the tape I went to the fire department got more tape put tape across the front that lot next door is not an empty lot that is my property you guys have been parking on it for over 20 years most of y'all know you start when you switch your parade route to Gillette that corner 113th in Gillette that whole field there that's my backyard y all park there every year you park your equipment you've been parking there for 20 years the police sit behind those clump of trees there and get people speeding through the school zone and running that stoplight and i' tell them you're welcome i' take water out to them you know I love Temple Terrace I've been here forever and I just feel like this is just I can't believe I'm even here but it is what it is and like I said there is absolutely nothing I can do at this moment to change anything until State Farm does whatever they're going to do or the attorney we go to court but until then I'm stuck just doing the best I can and hopefully they'll finally get around to it I mean it's got happen sooner or later but um that's where I'm at I I just think this is this is ludicrous you know um I'm sorry but I do and try not to get angry um but I uh I I know that first sent really set me off that I was advised before the fire even started that I was ADV violation of the fire code you know or something of that nature I I don't know but anyway I'm going to show set up that's enough for me probably have some questions you want to ask some questions please do first of all I just wanted to be clear and you do have insurance yes sir and you have a fully insured okay so they they already uh you have a case with them yes and uh they filed the claim they've uh they've made an offer on the structure they have a pending they offered like $3,000 for demolition which wouldn't even the lowest bid has been 20,000 uh it's just stupid stuff um but it's like oh not cooperating I think insurance companies operate in well there's under the most of allister and he looks at the situation it's a total damage uh now is the the the the fire in the garage affected the entire house yeah through in the second floor went up through the attic it burned through the more damage smoke is horrendous and I can show you the pictures there's a smoke ring all the way around the house about 2 ft down and around the second floor and the first floor both if you look at the house closely you can see the ridge vent of the master bedroom on the top second level the ridge B's all buckled there's actually holes burned through the shingles and you have enough coverage to I've got ample coverage now there that's I think he said they were offering him 40 4 40% of what his insured for yeah of what and their own estimate that's what you know so they're like well if you're not going to accept it then we want you to detail everything you got to prove you hire an attorney yes yeah he yeah there's three parts of this we've already filed suit on the oldest part and the other parts were still P still arguing with them now they just recently had they they would uh they asked me to get an estimate to rebuild the whole structure and I signed that in it it's like 45 pages of yeah detail they sent I sent it in they sent it back because the company's name didn't have the phone number on the front page it was on the back page and they said they wanted to copy with the phone number on the front page that's the kind of trivia stupid stuff Playing devil's advocate here the second floor over the garage you could see was open but you could see it was kind of open even though the first level is sectioned off could that be closed off at all no not really it's not not safely there's it looks like there's a staggering element I don't I don't know if there's a enough you got burned up floor joist going back about the first 10 or 15 ft and then you've got a a bearing beam and the center of the room is still fairly solid I can I'm not advised to but I've walked through there the fireman walked through there well and the reason I asked is it looks like it's open to the elements if the floor was there and I just I've worked insurance and Engineering so that's kind of what when you say floor joist okay if it's not safe to stand on you can't do that I get it um I mean they they've advised me not to get even my Engineers have said you know Jim don't don't do it okay okay and that's that I was just like but it's like got 22 I need a list so I'm taking pictures all everywhere from in the windows and yeah I wanted to mention to you Mr James um uh the violation is is the code uh code uh it's a it's a code which is a nuisance building for over 90 days whether whether your neighbors know I with respect to your neighbors and with respect to the uh all the community around uh this is just a code so what whatever we can what we're trying to do help you with the time but at the same time uh you know have some kind of um uh reasonable time from you how long you think I'm going to jump in here real quick I have been through this process about four years ago my my house I'm around the corner from you my house burned down it was during the pandemic so everything took extra long so he is truly at the mercy of the insurance company right now he's doing everything he's supposed to be doing um but there are just certain icebergs that this really talented gentleman cannot budge on his own so um I don't think there's too much room for debate here I think it's pretty cut and dry that it is not a nuisance building he is he is doing everything he is supposed to be doing but even with the best of I think um intentions you can't force an insurance company to act any quicker question for Tom so as as far as the the violation the nuisance violation is that is that tied in any way to to neighbors complaints or is that just that's just a city ordinance that it that's that's just where it says in part four it's says partially destroyed structure right and that's what this structure is it's partially destroyed gentleman even agreeing that going to have to tear down the structure so I'm just bringing code VI it really has nothing to do with the neighbors's complaints so this is with for Tom we we see he's taking the steps that he can is there anything else that he could do aside from just paying to rebuild the whole house himself and wait for State Farm to do it to pay him back is there anything else that he can do to try to appease the city in the meantime because there's again we're we're seeing that he's taking step a step B step C like he's doing the things that he needs to right like but what what else at this point could we expect of him aside from that so the fire was May 20 2024 7 months later I'm presenting this case right correct okay I didn't I didn't wait till the 91st day of the violation to present it this is seven months so that's the pace that the insurance compan move at if you want to do a continu and give it we'll present this again in two more months from now that's fine I'm okay with that but the city wants to move forward with this property because cannot Remain the way it is for over a year I mean I I don't so the violation is there my opinion that's the board's decision so I'll leave that up to you but there's nothing he can else can do to rectify the violation either aside from repair fix it repair it or tearing down okay which is the tearing down part is planned um don't know when we be authorization so it's planned have a date yet no I say planned oh you know it has to happen it has to happen I mean we're I did the new plans based on the whole Sho that's that's one of the arguing points with them too is their estimates were based on tearing everything down to the first floor and then bringing the first floor up to code and trying to reuse the existing like the block walls but they didn't want to pay for new like studs downstairs I me just to me it's just ridiculously stupid stuff uh that they want to argue over and we're like to go in there I mean I'm a retired Builder I built houses I built over a thousand homes probably um to bring that Co house up to code it was built in ' 87 so I would have to put in rebar every four feet every window in the house has to be replaced well that's that's they all have to be replaced anyway because of the fire damage there's not a window in that place that isn't burned um all smoke all all curled uh but anyway but build the foundations and have to repair the walls have to cut the concrete slots in the wall drop in rebar and repour try to pump the wall I mean the cost is my argument was it's stupid to try to fix it you might as well just knock it all down at least take it down to the slab and go from there because then you can add the rebar in Fairly easily but in my that's why I'm saying they're saying well you could probably fix it for you know that's why they had me get an I had to go hire a contractor and sign a contract that he can build it for x amount of dollars um based on those estimates that he's got and they they're within the State Farms estimates too and that went off we sent them back the second copy um earlier U at the very end of last week like last Thursday add a question for Ernie so as an attorney do you have any experience on how long processes like this would normally take I mean just to give us a framework on there such a thing as normal for these things a framework on for us to come up if we're going to do something like a continu or whatever than anyone else I guarantee you my experience is the same observational that everyone else has which is it seems to be taking a long time especially with the Hurricanes uh I would suggest or recommend that we follow Mr Baron's suggestion I mean we have a violation here but we understand what the circumstances are I don't think we should get rid of this case I think maybe we I would ask that we continue this case out let's see where it's at we do a you know come back in a couple of months you'll have had the depositions it may even be to his advantage that he's got a code violation on it that would help with with the insurance company but you know the downside is is that we have a propert a structure that has been partially destroyed and quite a bit of it and how long is it going to sit there right and that's where that's where we're at so I would my my recommendation at this point would be hey let's let's come back in February we'll see how the depositions went and uh just re revisit this case then yeah we can we can find it in violation put a put I think I think maybe it will help him with a higher per day put a pressure on the can we offer the continuance and then see what the world looks like in February once he's they're ask we have to have a finding tonight they have to have a finding they're asking for a finding or well again uh Mr Bron did offer to continue this case out he did I I kind of think that might be a good idea so we don't I think that's a good idea if these depositions happen we might have a better idea of where it's where it's at so that we can you know act appropriately or the board can act the answer is we don't need a VI a find eventually we'll be needing to have a finding but we're going to try and accommodate with the situation we know what the insurance situation is in Florida right now look like you're ready I I am I am happy to move to continue this until uh in case some we'll say what 24-2 353 um at the address of 11305 East Queensway Drive uh section code section 10-4 B4 a uh I'm happy to continue this until February 12th of 2025 we have a motion uh do we have a second a second yeah okay right any further discussion on this all right all in favor say I I no Nays motion passes so can't vote oh I'm sorry you have to come back and I'm sorry you have to deal with all that you know like I said it was just it's one of those things that you you do everything you can but my wife can't even go in the house I mean she just looks at it you won't to go there uh but you're planning to coming back to Temple terce though yeah I'm not planning on leaving I've been here for I'm planning to stay here um yeah good luck to you maybe you can give Pam give Pam Pam Bondi a call and see if she can I was so excited attorney general she can help General I was just like I was calling got a nominated saw on the news all right thanks thank you all right I think we're ready to move on to the next case next case is case 24- 4469 City versus Randy Ellen Pac and Jenna Ella Jenny ellac the case is before the board based on an alleged violation of section 10-34 sanitation duty to keep premises clean the case will be prosecuted this evening by code compliance director Tom Baron the city has evidence that the notion of violation and notice of hearing were properly served good evening Code Compliance Tom Bron this case was presented last last month uh this was a case that I presented for a fence violation and tree debris that was in the front yard the respondent came up to the podium and said that stated that the fence was not his tree uh fence and it was the neighbor's fence so the next day I uh I got a property survey from the respondent and it clearly showed that the fence was the neighbor's fence so I cited The Neighbor Next Door for the fence violation so the um the tree debris was removed I that evening last month I presented a uh display the photographic evidence to showing the tree debris in the front yard I know Miss Williams you were not here last month but um that came into compliance and I submitted an AFF of compliance so that case has been resolved awesome okay so is there anything I need to uh well where we had left it was depending on how that case you know how the fence case was going to go and we anticipated right probably was not his fence we were going to drop that that we were going to come back here with a case with the with the debris right gave it a compliance and we would pick it up from there however did you by chance have did you watch the uh city council or I'm sorry the code board I was traveling for business I'm sorry don't believe we're going to have enough people here for votes on it okay now if you want to I guess band the case uh or just so what I'll do is I have testimony here for the tree debris and then I just so this way you can listen to have you talked to the the respondent that he know he knows what's you know forward with the case so I also had uh prepared a new notice of violation removing that fence that has been submitted to uh the clerk's office as well so uh Tom Bron C compliance this case that's this evening originated September 24th 2024 when I observed a pile of tree debris along the fence on the south property line since the property has no trespassing signs posted I generated a notice of violation with the compliance date of October 15 20124 I posted the notice letter at the property line and I also requested copies be certified in first class mail I also requested a copy to be posted at the electronic board at City Hall for the 10-day requirement my reinspection on October 22nd 2024 noted no change at this time I would like to submit photographic evidence that was taken by May on September 24 2024 exhibit number one shows the pile of tree debris on the in the front yard I already submitted that photograph last month Joe do you have that photograph with you so Miss Williams can see that one moment please just refresh everybody's memor back right and then um my inspector on November 1st 2024 noted that the tree debris had been picked up and removed from the front yard therefore I submitted an Affidavit of compliance so I know that evening I submitted an affidavit and photographic evidence so Joe should have both of them and I did re uh speak to the responded two days after the uh last hearing told them that the survey showed it the fence was the neighbors and therefore the property is in compliance so he's aware of it excent pass that on to her so so for tonight do we need to uh just make a finding for finding on about that it's in compliance okay okay so it's it's in compliance yes yep all right so there's which is that case 24 4469 right yeah y okay yes any questions no questions for all right so just looking for a finding okay in case number 24 4469 I move that the city has proven by the greater weight of evidence the following violations of the City Temple Terrace city code did exist on the property located at 12214 North 51st street with applicable code violation section 10-34 this motion is based on the sworn testimony this board has received from the code enforcement director Tom Boni along with any other evidence including photos avidid and the notice of violation of which received and entered as part of the record of this hearing I further Mo there will be no fine imposed because the violations were brought into compliance prior to the date of this hearing have a motion need a second second are any further discussion all right so uh just take a vote all in favor say I I no Nays motion motion passes so we're ready for the next case next case is case number 24- 4595 City versus fakir hosan and Hass hakar for the property located at 112 112 Oakridge Avenue the cas is before the board based on alleged violation of section 8-28 A1 permit app required the case will be prosecuted this evening by code compliance officer Doug Allen the city has evidence that the notion 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 October 15th 2024 for a red tag posted the site for electrical work being done without a permit I paired a notice of violation on that date with a reinspection datee of October 21st 2024 I posted a copy of the residents and a copy was posted at City Hall for the 10day requirement and copies were mailed both certified and regular mail to the address the owner of record my reinspection on November 27th 2024 showed no change so a notice of hearing was prepared on that date and the case was scheduled for the December Municipal Code board meeting this time I'd like to submit photographic evidence taken by my myself on October 15th and screenshots of the stop work order also the site is in compliance and I'd like to submit an affid compliance and I'm seeking to find it you may submit thank you any questions for the code compliance officer all right Affidavit of compliance very nice we got the permit I do this all right so yeah just sliping for a uh in yeah in case 24- 4595 I move the city is proven by a greater weight of evidence the following violations of the city of temple terce code did exist on the property located at 112 oakd Avenue applicable code sections 8-28 subsection a subsection one this motion is based on the sworn testimony this board has received from the code 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 move there will be no fine imposed because the viol because the violations were brought into compliance prior to the date of this hearing we have a motion is there a second second any further discussion seeing none take a vote all in favor say I I I no n motion passes H next case last case on our new cases is case 24- 4673 City versus General realy and in inco Incorporated for the property located at 5302 East fer Avenue this case has been pulled from the agenda and placed on the February 2025 MCB hearing move on now to the last of the unfinished MCB cases uh case 23- 0581 Susan City versus Susan L obergon for the property located at 334 Sunny Road the deadline for compliance is midnight tonight A Fine of $25 per day begins on December 12th 2024 case number 24- 1754 City versus Jim dive for the pro for the property located at 203 South Lockmore Avenue the deadline for compliance is midnight tonight A Fine of $25 per day begins on December 12th 2024 and finally case 24-4 577 City versus Andrew D Henry for the property located at 329 Sunnyside Road the deadline for compliance is midnight tonight A Fine of $25 per day begins on on December 12th 2024 that concludes the agenda all right so um it says the only new business I guess we there's no other board action unless you guys have something to contribute the only other thing I have to bring up is we got we got a card from it looks like the Code Enforcement Officers oh so the season I'm thank you so happy holidays yeah so I we'll I'll pass this around you guys can take a look at it if you'd like so so if there's no we appreciate you guys than thanks pass that down there thank you guys all right so unless there's no other business uh move to adjourn motion to adjourn there's a motion you have a second second all in favor say I I all right motion passes for