[5:27] test.

[5:28] >> okay, all right, call this

[5:28] hearing to order.

[5:29] I'm going to read a short

[5:31] statement.

[5:34] Welcome to the SEPTEMBER 2026

[5:35] meeting of the alachua county

[5:36] code enforcement special

[5:37] magistrate hearing.

[5:39] The purpose of this hearing is

[5:40] to hear allegeds code violations

[5:42] filed by various departments of

[5:44] alachua county, florida.

[5:45] The code enforcement special

[5:46] magistrate was established by

[5:48] florida statutes chapter 162 and

[5:51] alachua county ordinances

[5:52] chapter 24: to obtain compliance

[5:53] with various county ordinances

[5:55] and regulations.

[5:56] I have no authority to change

[5:58] the ordinances or any of the

[5:59] regulations we will be

[6:00] addressing today.

[6:02] That can only be done by the

[6:04] alachua county board of county

[6:05] commissioners: I can determine

[6:07] if a violation has occurred, set

[6:09] a date for full compliance, and

[6:11] levy a fine for noncompliance.

[6:13] My decisions can only be

[6:14] appealed to the courts and not

[6:16] the county commission.

[6:18] The basic procedure we'll

[6:19] following today is the secretary

[6:21] will call the case, the county

[6:23] staff will present its case, the

[6:24] respondent shall have the

[6:25] opportunity to present its

[6:27] defense to the case, I will make

[6:28] a decision at a future date and

[6:30] the respondent will be notified

[6:32] by mail of that decision.

[6:33] All persons testifying today

[6:36] will do so under oath or by

[6:38] swearing or affirming that they

[6:38] will tell the truth.

[6:39] Any evidence in the form of

[6:41] documents or photographs must be

[6:43] submitted to the secretary clerk

[6:44] for inclusion in the record.

[6:45] Please silence your phones so

[6:47] that they don't interrupt the

[6:48] proceeding.

[6:49] And please anybody who is

[6:51] planning on testifying today,

[6:53] staff and people who have will

[6:54] be responding please stand and

[6:54] raise prowr

[6:56] your right hand so

[6:57] you can be sworn in.

[6:58] So if you plan on testifying

[7:00] today, please stand and raise

[7:07] your right hand.

[7:27] [Swearing in]

[7:28] >> you can be seated.

[7:29] You can be seated.

[7:31] All right.

[7:33] So jean, would you please call

[7:36] the first case.

[7:39] >> case number [Off mic]

[7:41] >> speak into your microphone.

[7:45] >> case number 26-003318.

[7:47] Alachua county versus watts

[7:49] jonathan.

[7:50] >> and I understand this person

[7:51] supposed to be attending by

[7:51] zoom.

[7:53] Is jonathan watts on the zoom

[7:58] call?

[8:01] Is jonathan watts on the zoom

[8:02] call?

[8:04] >> yes, can you hear me?

[8:07] >> yes, is this jonathan watts?

[8:08] >> yes, sir, [Off

[8:10] .

[8:12] >> did you hear the swearing

[8:12] in?

[8:12] >> yes, sir.

[8:13] >> okay.

[8:14] All right.

[8:15] So we're going to let the county

[8:16] proceed first, and then I'll let

[8:18] you speak to the matter.

[8:19] Go ahead, county.

[8:21] >> okay.

[8:21] >> morning.

[8:23] Michael williams, code officer

[8:24] with alachua county.

[8:29] In code enforcement case

[8:30] 26-003318, the code

[8:31] administration division received

[8:33] a complaint from dan gargas the

[8:37] building official on 4/13/26

[8:40] regarding the property located

[8:41] at 2505 southeast 35th street,

[8:41] gainesville, florida, in alachua

[8:43] county.

[8:50] Identified by parcel number

[8:51] 16205-004-001.

[8:53] The owner of the property is

[8:54] jonathan watts, code

[8:55] administration initiated an

[8:57] enforcement proceeding per dan

[8:59] gargas building official, due to

[9:00] the violation of the following

[9:03] sections of alachua county code

[9:06] of ordinances 4012140b

[9:07] improvement of property prior to

[9:09] issuance of a building permit.

[9:10] The respondent was provided a

[9:11] reasonable time to correct the

[9:12] violations.

[9:13] A noting of violation, noting of

[9:15] a hearing was, was initially

[9:17] cept to the respondent -- sent

[9:21] to the respondent on 5/26/26.

[9:22] It was subsequently noticed the

[9:23] notice of violation, notice of

[9:25] hearlging did contain an

[9:26] administrative error.

[9:28] As a result an amended notice of

[9:31] violation was send -- sent to

[9:33] the respondent on JULY 26th,

[9:34] 2026, by certified mail with a

[9:37] compliance date of 8/6/26.

[9:38] I have good service of notice

[9:39] and statements of violation to

[9:42] respondent sent by certified

[9:44] mail or receipt of posting.

[9:46] Copies have been provided to the

[9:48] magistrate, and I request they

[9:49] be entered into evidence.

[9:52] I have had no contact with the

[9:53] respondents, the photographs

[9:55] being presented were taken by

[9:57] myself and code officer gerald

[9:59] sapp, and accurately reflect the

[10:02] violations and I ask they be

[10:03] admitted into evidence.

[10:05] >> they'll be admitted into

[10:05] evidence.

[10:09] Go ahead.

[10:10] >> what are you recommending?

[10:11] >> okay.

[10:13] The county recommends that the

[10:15] respondent be found in violation

[10:18] of code sections 402.140b and

[10:20] come into compliance.

[10:24] Upon speaking to dan gargaathize

[10:25] building official last -- gargas

[10:26] the building official last

[10:29] evening, I did ask him with

[10:33] regard to the whole scope of the

[10:34] violations what would be a

[10:36] reasonable time frame for them

[10:38] to come into compliance.

[10:44] He kind of wanted them to

[10:48] request a compliance time frame,

[10:50] and the county would either

[10:55] confer with that or give another

[10:57] avenue, but as of right now,

[10:59] we'd like to hear, you know,

[11:00] what they would like to request

[11:01] in order to --

[11:04] >> okay and how about in terms

[11:05] of proposed penalties and --

[11:07] >> in the event that they do not

[11:09] come into compliance with the

[11:11] time frame given, the county's

[11:13] requesting a fine of $100 per

[11:15] day be imposed until compliance

[11:16] is achieved.

[11:19] The county has incurred $280 in

[11:21] costs in bringing this case to

[11:21] hearing.

[11:22] >> chair: okay, anything else at

[11:23] this time?

[11:24] >> no, sir.

[11:25] >> okay.

[11:26] MR. Watts, please state your

[11:29] name for the record and your

[11:30] address.

[11:30] >>> how are you doing?

[11:31] My name is jonathan watts.

[11:42] My address is 215 northeast --

[11:42] [Inaudible]

[11:43] >> and what can you tell us

[11:44] about what is a reasonable time

[11:46] frame to come into compliance.

[11:48] >> okay, because I've been

[11:50] calling him trying to get

[11:51] answers to, because I just want

[11:54] to make it right.

[11:56] -- I guess -- backyard.

[12:01] When I bought the house, it was

[12:02] already -- that piece was

[12:03] already on the house so all I

[12:07] did was just change the -- on it

[12:09] so everybody know it's not, I

[12:12] guess it's not on the initial

[12:12] blueprint.

[12:14] Well I didn't know that so that

[12:16] was like well you bought it,

[12:17] it's on you.

[12:18] Okay, that's fine but I just

[12:20] want to know what's the proper

[12:21] step I need to take in order

[12:21] just to make it right.

[12:24] I just want to make it right.

[12:26] >>> okay, so what the county has

[12:27] said they're willing to listen

[12:28] to you and say get an idea from

[12:30] what you time frame you need to

[12:32] bring it into compliance because

[12:34] what we would like do is not to

[12:36] have to have you come back for

[12:37] penalty.

[12:38] So can you give me a number of

[12:39] days or months that you think

[12:42] you need to bring it into

[12:42] compliance.

[12:43] >> yeah because I was -- I was

[12:46] going to talk to general

[12:49] contractor monday -- I'm on the

[12:49] monday.

[12:50] Supposed to be monday at the

[12:52] house and he kind of gave me

[12:55] numbers like -- I could get

[12:56] it -- but I know he said

[12:59] something about $100 a day.

[13:00] >> that would be $100 a day if

[13:01] you fail to come into compliance

[13:04] within the time frame I grant

[13:04] you.

[13:06] >> oh, okay, okay.

[13:07] >> so that's why I'm asking what

[13:08] would be a reasonable time frame

[13:13] in your opinion.

[13:14] >> okay, two months if that's

[13:14] possible?

[13:16] >> well, let me -- so 60 days.

[13:17] How does the county feel about

[13:23] 60 days to come into

[13:23] compliance?

[13:27] >> I'd like to defer to the

[13:29] building official dan gargas as

[13:32] he obviously would be a better

[13:33] authority.

[13:34] >> okay, MR. Gargas, do you want

[13:35] to come up and speak, and I

[13:36] noticed you came in late so

[13:38] we're going to have to swear

[13:38] acin

[13:44] -- swear you in.

[13:55] >> [Swearing in]

[13:58] >> dan gargas, building

[13:58] official, alachua county.

[13:59] 60 days should be an adequate

[14:03] amount of time for them to go

[14:06] ahead and apply for, obtain

[14:08] permits, and complete the work.

[14:08] >> okay.

[14:09] Good.

[14:10] So MR. Watts, MR. Gargas has

[14:12] said he's in agreement with your

[14:12] 60 days.

[14:18] And that's what it will be in my

[14:18] order.

[14:21] >> can I ask dan a question?

[14:24] Is it, is it thought that that

[14:26] back half I'm guessing on the --

[14:29] be kind of added so should you

[14:30] guys kind of want that to be

[14:34] done over -- because I've been

[14:35] trying to understand what do I

[14:36] need to do.

[14:37] What do I need to do, I just

[14:40] want to get it gone.

[14:41] >> well, I suggest that you go

[14:42] ahead and meet with the

[14:45] contractor on monday and you

[14:47] decide if you're going to keep

[14:50] that back portion addition or

[14:50] not.

[14:51] >> yes, sir.

[14:53] >> it would require engineering

[14:59] be submitted, and so you know,

[15:02] that, it MAY not be

[15:02] salvageable.

[15:05] if it's not deemed not to be

[15:06] salvageable, then you could just

[15:13] go ahead and remove it.

[15:13] >> okay.

[15:15] >> are you comfortable with

[15:16] that, MR. Watts --

[15:17] >> that's perfect.

[15:17] >> okay.

[15:18] All right.

[15:19] Well that will close this case

[15:21] for now.

[15:23] Thank you, MR. Gargas.

[15:24] >> thank you.

[15:25] >> thank you.

[15:27] >> thank you for appearing.

[15:28] >> yes, sir.

[15:28] >> okay.

[15:29] You're done with this so you can

[15:32] sign off if you wanted.

[15:36] >> thanks a lot.

[15:36] >> mm-hmm.

[15:37] >> case number 2, please.

[15:43] >> case number 26-005733,

[15:46] alachua county versus gables

[15:47] 2017 holding llc.

[15:48] >> is there someone here

[15:49] representing -- yes, do you want

[15:51] to come over to that podium over

[16:03] there, please?

[16:03] A if you will state your name

[16:05] and address for the record,

[16:06] please.

[16:09] >> randolph amaya, fort

[16:09] lauderdale.

[16:12] >> I see it's a corporation.

[16:12] >> representative, manager.

[16:14] >> you're a manager of the

[16:14] property?

[16:14] Okay.

[16:14] Thank you.

[16:16] Appreciate that I'm going to let

[16:17] the county present its case and

[16:18] then I will let you speak.

[16:20] >> yes, sir.

[16:21] >> okay.

[16:22] Excuse me, michael williams,

[16:23] code officer for alachua

[16:24] county.

[16:29] In code enforcement case

[16:30] 26-005733, the code

[16:30] administration division received

[16:33] a complaint from a citizen on

[16:34] 6/17/26 regarding the

[16:37] installation of an ac unit

[16:41] without permits identified by

[16:45] parcel 06819-020-093 here in

[16:47] gainesville, florida, in alachua

[16:48] county, florida.

[16:51] The owner of the property is

[16:54] gables 217 holdings llc.

[16:56] Code administration initiated an

[16:57] enforcement proceeding due to a

[16:59] violation of the following

[17:00] sections of alachua county code

[17:03] of ordinances 402.140b,

[17:05] improvement of property prior to

[17:06] issuance of a building permit.

[17:08] The respondent was provided a

[17:10] reasonable time to correct the

[17:11] violations, a notice of

[17:12] violation, notice of hearing was

[17:14] cept to the respond -- sent to

[17:16] the respondent via certified

[17:19] mail on 6/6/26 with a compliance

[17:25] date of 8/7/26.

[17:27] Copies have been provided to the

[17:28] magistrate, and y request that

[17:30] they be entered into evidence.

[17:32] I have had no contact with the

[17:32] respondent.

[17:33] The photographs being presented

[17:35] were taken by myself and

[17:37] accurately reflect the

[17:39] violations, and I ask that they

[17:41] be admitted into evidence.

[17:43] The county recommends that the

[17:44] respondent be found in violation

[17:47] of code section 402.140b and

[17:49] come into compliance within 30

[17:50] days by complying with the

[17:52] corrective actions listed in the

[17:53] notice of violation.

[17:56] And if not then a fine in the

[17:57] amount of $100 per day be

[17:59] imposed until compliance is

[17:59] achieved.

[18:02] The county has incurred $140 in

[18:04] bringing this case to hearing.

[18:08] >> how much was the ----

[18:10] >> cost $140.

[18:11] >> $140.

[18:11] All right.

[18:12] This is your opportunity to

[18:12] speak.

[18:14] >> yes, good morning, sir.

[18:16] Yeah, the county's correct, the

[18:17] local manager of the property

[18:20] hired a contractor, and then

[18:21] they assured him they were going

[18:24] to do the permit and all that.

[18:25] >> so the I assume the local

[18:27] manager assumed the contractor

[18:28] would know.

[18:29] >> he said he doesn't have a

[18:31] licenseo we got another person,

[18:33] another company, so they're

[18:35] going to pull within a week they

[18:36] will have the permit.

[18:38] >> cay so the county's given

[18:40] you -- request you 30 days so.

[18:41] >> just 30 days enough, yeah,

[18:42] yes, sir.

[18:42] >> that's fine.

[18:43] I appreciate you being here at

[18:44] the hearing and as soon as

[18:47] that's done, please contact him

[18:48] and let him know because that

[18:51] can stop it right then, don't

[18:52] wait till the 30th day.

[18:53] >> yes, sir.

[18:54] >> appreciate it.

[18:55] >> thank you very much.

[18:56] Thank you, sir.

[18:57] >> all right.

[19:01] Case number 3, please.

[19:05] >>> case number 26-005800,

[19:11] alachua county versus sparkman

[19:12] royce randall heirs.

[19:15] >> so someone here representing

[19:17] royce randall sparkman heirs.

[19:18] Is someone here representing the

[19:18] respondent?

[19:21] Seeing none, county please

[19:21] proceed.

[19:22] >> good morning.

[19:25] My name is officer benjamin.

[19:26] The county received a complaint

[19:30] on this case on JUNE 18th,

[19:32] 2026, regarding the property

[19:34] located at address 6920

[19:35] ortheast 69th way in

[19:38] gainesville, florida, alachua

[19:38] county.

[19:43] Parcel number 17605001031.

[19:45] Code administration initiated an

[19:47] enforcement proceeding and found

[19:49] there to be a violation of the

[19:50] following sections of alachua

[19:54] county code of ordinances 74.29,

[19:56] prohibited hazardous lands,

[19:58] dangerous structures, 74.30,

[20:01] standards for repair, vacation,

[20:04] demo, and boarding.

[20:05] 74.36, nuisance overgrowth.

[20:07] The respondent was provided with

[20:09] a reasonable time to correct the

[20:10] violations, and notice of

[20:11] violations were sent to

[20:12] respondent that included

[20:14] corrective actions.

[20:15] Ongoing inspections conduced to

[20:17] date have determined that a

[20:19] respondent remains in violation

[20:21] of the alachua county code

[20:22] sections.

[20:23] My last inspection of the

[20:26] property was on SEPTEMBER 2nd,

[20:27] 2026.

[20:28] I have good service of notices

[20:30] and statements of violation to

[20:32] respondent sent by certified

[20:34] mail receipt or posting.

[20:36] Copies have been provided to the

[20:37] magistrate, and I request they

[20:39] be entered into evidence.

[20:41] There has been no contact with

[20:43] respondent regarding the

[20:45] violation, the photographs being

[20:47] presented were taken by myself

[20:48] and accurately reflect the

[20:49] violations, and can they be

[20:51] admit -- ask they be admitted

[20:51] into evidence.

[20:52] The county's recommendations

[20:54] that respondent be found in

[20:55] violation of the said sections

[20:58] of the code, ordant respondent

[20:59] come into compliance within 30

[21:01] days by complying with the

[21:02] corrective actions listed in the

[21:04] notice of violation and if not

[21:06] comply then pay a fine in the

[21:09] amount of $325 for each day the

[21:10] violations continue past the

[21:12] date set for compliance.

[21:14] The county has incurred

[21:15] $350 costs in bringing this

[21:17] action to hearing.

[21:18] >> okay and what was the

[21:21] recommended fine?

[21:23] >>> $325 for each day.

[21:26] >> 325, yes, sir.

[21:27] >> all right, again, anybody

[21:28] here representing the

[21:29] respondent?

[21:31] Seeing none, thank you.

[21:33] Please proceed to the next

[21:34] case.

[21:39] >> case number 26-004957.

[21:42] Alachua county versus ripple

[21:44] missions inc.

[21:47] >> is somebody representing

[21:47] ripple missions inc.

[21:49] If you want to come over to the

[21:50] podium there, please.

[21:52] You see we will have the county

[21:54] present first and then I will

[21:55] have you speak.

[21:56] And if you could identify who

[21:57] you are, please.

[22:00] >> yeah I'm emmanuel distarot

[22:01] with old florida builders.

[22:03] >> what is your relationship?

[22:04] >> I am the contractor they

[22:05] hired to remedy this situation.

[22:06] >> all right, all right, so

[22:07] you're the contractor but not

[22:08] the owner.

[22:08] >> correct.

[22:09] >> -- we're going to let the

[22:10] county proceed.

[22:10] >> yes, sir.

[22:11] >> go ahead.

[22:12] >> michael williams, code

[22:14] officer with alachua county.

[22:17] In code enforcement case

[22:18] 26-0004957, the code

[22:19] administration division received

[22:22] a complaint from dan gargas

[22:24] building official on 5/28/26

[22:26] regarding the property located

[22:29] at address 5505 southwest 63rd

[22:30] boulevard in gainesville,

[22:31] florida.

[22:37] Identified by parcel

[22:38] 06902-001-000 in gainesville,

[22:38] florida.

[22:40] Here in alachua county,

[22:40] florida.

[22:42] The owner of the property is

[22:44] ripple missions inc.

[22:46] Code administration initiated an

[22:48] infortment proceeding per dan

[22:49] gargas building official due to

[22:50] the violation of the following

[22:51] code sections of alachua county

[22:54] code of ordinances.

[22:55] 402.140b improvement of property

[22:57] prior to issuance of a building

[22:58] permit.

[22:59] The respondent was provided a

[23:01] reasonable time to correct the

[23:01] violations.

[23:03] A notice of violation, notice of

[23:04] hearing was sent to the

[23:07] respondent via certified mail on

[23:09] 7/9/26 with a compliance date of

[23:10] 8/9/26.

[23:12] I have good service of notices

[23:14] and statement of violation to

[23:17] respondent sent by certified

[23:18] mail receipt or posting.

[23:20] Copies have been provided to the

[23:22] magistrate, and I request they

[23:23] be entered into evidence.

[23:26] I have had no contact -- well,

[23:27] correction.

[23:31] I have had had contact with the

[23:34] respondent via emails,ologist

[23:34] phone calls.

[23:36] The photographs of the actual

[23:40] violations were taken by the

[23:41] building division.

[23:42] There are a couple photographs

[23:43] of postings of the notice of

[23:45] violation, notice of hearing.

[23:48] Those photographs were taken by

[23:50] myself, and all of the photos

[23:51] reflect the violations and I ask

[23:52] that

[23:55] that they be admitted into

[23:56] evidence.

[24:08] >> put them up on the --

[24:09] >> yes.

[24:10] >> the actual posting of the

[24:18] noting of violation, notice of

[24:18] hearing.

[24:20] And these were the photos that

[24:39] were submitted by the building

[24:47] violations.

[24:47] >> there we go.

[24:50] >> thank you.

[24:52] >>> and it looks like those are

[24:57] pictures of I guess there are

[24:59] two structures that require some

[25:00] permitting as well.

[25:02] And this is a copy of the stop

[25:04] work order that was posted also

[25:13] by the building division.

[25:15] And that looks like a shower

[25:23] area I'm assuming that's not

[25:25] and so the county is

[25:25] recommending the respondent be

[25:31] found in violation of section

[25:34] 402 I.140b so again with regard

[25:36] to this particular case upon

[25:37] speaking with the building

[25:38] official he would like to hear

[25:40] what they are requesting in

[25:41] terms of a time frame, a

[25:42] reasonable time frame in order

[25:48] to come into compliance.

[25:50] And so if they do not comply,

[25:52] then the county's requesting

[25:53] that $100 per day fine be

[25:55] imposed until compliance is

[25:56] achieved.

[25:58] The county has incurred $210 in

[26:00] costs in bringing this matter to

[26:02] hearing.

[26:02] >> okay.

[26:04] This is your opportunity to

[26:05] speak so they are asking --

[26:11] identify -- by your name.

[26:13] >> manuel distarot, old florida

[26:13] builders.

[26:14] They have asked me to obtain a

[26:15] building permit to have all

[26:17] these things that were completed

[26:18] there inspected, permitted, paid

[26:19] for.

[26:20] We've engained an architect.

[26:21] It's already been uploaded to

[26:22] the county.

[26:23] The permit has been applied and

[26:23] paid for.

[26:25] As soon as that permit is issued

[26:27] I will then, you know, finish

[26:28] what repairs I need to bring it

[26:30] into compliance and then call

[26:31] for inspections.

[26:33] >> okay so they are asking you

[26:34] what you think is a reasonable

[26:34] amount of time.

[26:35] >> 60 to 90 days.

[26:36] It depends.

[26:37] The permit hasn't been issued

[26:39] yet so I won't do any work until

[26:41] that happens so they sent me a

[26:43] list of stuff I need to comply

[26:44] with in order to get that permit

[26:45] so once that's done I'll start

[26:45] work.

[26:47] >> how does the county feel

[26:47] about that time frame.

[26:51] >> I would like to defer to dan

[26:53] gargas, the building official

[26:59] once again, please.

[27:00] >> he said somewhere between 60

[27:02] and 90 days he said.

[27:04] >> I'd suggest they go with 90

[27:04] days.

[27:04] >> okay.

[27:05] All right.

[27:08] >> thank you.

[27:08] >> you're comfortable with

[27:09] that?

[27:09] >> yes, sir.

[27:10] >> okay, good, thank you,

[27:12] appreciate that.

[27:14] So that's what will be in my

[27:15] order, 90 days.

[27:15] Thank you for coming.

[27:19] Appreciate it.

[27:23] >> case 5 now.

[27:28] >> case number 26-006035,

[27:36] alachua county versus gordon

[27:37] devonta jamal.

[27:38] >> someone here representing the

[27:39] respondent?

[27:40] someone representing jamal

[27:40] gordon?

[27:42] Seeing none present, county,

[27:42] please proceed.

[27:42] >> good morning.

[27:44] My name is officer benjamin.

[27:46] The county received this

[27:48] complaint on JUNE 26th, 2026,

[27:50] from building official dan

[27:50] gargas.

[27:55] The property located at address

[27:56] 6509 southeast 232nd terrace,

[27:59] hawthorne, florida, 32640 in

[28:00] alachua county.

[28:07] And identified by parcel number

[28:07] 19554018002.

[28:08] Code administration initiated an

[28:10] enforcement proceeding and found

[28:11] there to be a violation of the

[28:13] following sections of alachua

[28:18] county code of ordinances.

[28:19] 402.140b improvement to property

[28:21] prior to issuance affa building

[28:22] permit.

[28:23] The respondent was provided with

[28:25] a reasonable time to correct the

[28:27] violations, and notice of

[28:28] violations was sent to

[28:29] respondent that included

[28:30] corrective actions.

[28:32] Ongoing inspections conducted to

[28:33] date have determined that

[28:35] respondent remains in violation

[28:37] of the said alachua county code

[28:37] sections.

[28:38] My last inspection of the

[28:41] property was on SEPTEMBER 2nd,

[28:43] 2026, to state that the

[28:45] structure is still on the

[28:45] property.

[28:47] I have good service of notices

[28:49] and statement of violations to

[28:50] respondent sent by certified

[28:52] mail, receipt, or posting.

[28:53] Copies have been provided to

[28:54] the -- magistrate and iiest they

[28:55] be innered to -- y request they

[28:57] be entered into evidence.

[28:57] There has been no contact with

[28:59] the respondent regarding the

[29:01] violations to myself, the

[29:02] photographs being presented were

[29:05] taken by myself and building

[29:07] official dan gargas and

[29:07] accurately reflect the

[29:08] violations and ask they be

[29:10] admitted into evidence.

[29:13] The county's recommendation --

[29:13] oh.

[29:15] The county's recommendation is

[29:17] that the respondent be found in

[29:18] violation of the said sections

[29:20] of the code, order respondent to

[29:22] come into compliance within 30

[29:23] days by complying with the

[29:25] corrective actions listed in the

[29:26] notice of violation.

[29:28] And if not comply, then pay a

[29:30] fine in the amount of $75 for

[29:31] each day the violation continues

[29:33] past the date set for

[29:37] compliance, the county has

[29:38] incurred $140 costs in bringing

[29:40] thiaction to hearing.

[29:40] >> okay.

[29:41] Is someone here representing the

[29:46] respondent?

[29:47] MR. Gargas, do you have anything

[29:50] to stay or standing for

[29:50] support?

[29:52] >> I was here in case I was

[29:53] needed.

[29:53] >> okay.

[29:54] All right.

[29:57] Thank you.

[29:59] >> you're welcome.

[29:59] >> I believe this one is a zoom

[30:03] case.

[30:05] So do you want to call the case,

[30:05] please.

[30:09] >> case 26-005081, alachua

[30:14] county versus nte investments

[30:14] llc.

[30:15] >> okay, is there someone

[30:17] representing nte investments llc

[30:19] on the zoom call?

[30:21] >> yes, there is.

[30:23] This is neil ilyawno.

[30:24] >> did you hear the swearing

[30:24] in?

[30:31] >> I did.

[30:32] >> I'm going to let the county

[30:33] present its case and then I will

[30:37] let you speak to the matter.

[30:45] >> county, please proceed.

[30:59] >> snoon a thumb drive.

[31:02] >> josh?

[31:03] >> josh, help bring that up,

[31:03] please.

[31:10] Thank you.

[31:11] >> you rang.

[31:11] >> thank you.

[31:14] >> thank you.

[31:15] There we go.

[31:18] Make this full screen.

[31:20] Just do left and right.

[31:23] >> all right, go ahead, please

[31:25] proceed.

[31:26] >>> okay.

[31:27] I am nathasha washington, a code

[31:29] officer for alachua county.

[31:31] I have been sworn in.

[31:37] In case 26-005081, the

[31:42] respondent nte investment llc.

[31:47] On JUNE 1st, 2026, the

[31:49] office of code enforcement

[31:50] received a complaint regarding

[31:51] demolishment of two homes on the

[31:59] property without a permit.

[32:00] Gpd was notified.

[32:03] The property located at 7715

[32:08] west newberry road gainesville,

[32:09] florida, 32606.

[32:13] The property zoning is ap and is

[32:14] approximately 6.76 acres.

[32:22] The parcel number is

[32:23] 066656-003-000.

[32:25] The photographs being presented

[32:27] into evidence accurately

[32:29] represents the violation as

[32:31] seen, and was taken by myself

[32:33] and on the dates indicated on

[32:34] each photograph.

[32:36] The property was inspected by

[32:41] myself on JUNE 3rd, is when

[32:45] I found -- to be in

[32:46] unincorporated alachua county

[32:47] our jurisdiction ozspecified --

[32:50] as specified in section 74.13 of

[32:52] alachua county code and in

[32:53] violation of the alachua county

[32:59] code ordinance section 402.140b

[33:01] improvement of property prior to

[33:07] issuance of a building permit

[33:10] and 74.20c construction junk and

[33:14] debris violation.

[33:15] And 75.205, disposal of

[33:17] construction and demolish of

[33:21] debris that has asbestos.

[33:22] The notice of the violation was

[33:23] posted on the property and

[33:25] mailed to the owner of record as

[33:28] recorded in the tax collector

[33:30] office, and any other additional

[33:32] respondent parties as the code

[33:32] allows.

[33:34] Legal service of the notice of

[33:37] violation was achieved on

[33:40] JUNE 29th by posted notice and

[33:41] the notice of violation the

[33:43] respondent was given till

[33:45] JULY 13th to correct the

[33:50] violation by completing a demo

[33:52] permit and proper disposal of

[33:57] the construction and debris that

[33:57] has asbestos.

[33:59] As a result of my last

[34:03] inspection, on SEPTEMBER 2nd,

[34:07] 2026, staff recommends a finding

[34:10] of guilty for the nte investment

[34:21] llc for section 402.140b and

[34:26] 74.20c, and 75.205.

[34:28] I ask as far as they be given 30

[34:30] days to comply as set forth in

[34:32] the corrective actions stated in

[34:35] their original notice of

[34:36] violation.

[34:40] Or a fine of $200 per day until

[34:42] compliance is achieved.

[34:45] Further that the county recover

[34:47] the prosecution costs of $350.

[34:47] >> okay.

[34:50] Anything else at this time?

[34:52] >> I would like to say as far

[34:52] as --

[34:53] >> have you had contact with the

[34:53] owner?

[34:55] >> I have had contact with the

[34:58] owner, and also epd has been

[34:59] contacted in reference to this

[35:01] as well so that they can

[35:03] properly know how to take care

[35:04] of the asbestos that's on the

[35:05] property.

[35:05] >> okay.

[35:06] All right.

[35:08] All right so would you tell me

[35:09] who you are and your

[35:12] relationship to the company,

[35:12] please?

[35:16] >> sure, I'm neil iliano.

[35:20] I'm a, I am the manager of nte

[35:20] investments.

[35:21] >> okay.

[35:22] >> which is an llc that only

[35:24] holds this property.

[35:26] >> okay and what's your address

[35:28] for context.

[35:29] >> 3914 southwest 95th drive,

[35:32] gainesville, florida, 32608.

[35:33] >> okay, thank you.

[35:34] So what can you tell me?

[35:37] >> we have been working

[35:39] diligently with madison flint

[35:43] from the county environmental

[35:44] protection.

[35:46] >> epd, environmental protection

[35:46] departmet.

[35:47] >> yep, and we've been working

[35:50] since JUNE to clean this up, and

[35:51] obviously asbestos is not easy

[35:53] to clean up.

[35:55] >> I'm very familiar with it,

[35:57] yeah, unfortunately.

[35:57] [Laughter]

[35:58] >> and so obviously, you know,

[36:00] obviously I had a little bit of

[36:02] a complaint with the week and a

[36:03] half or whatever I was provided

[36:04] to get it cleaned up.

[36:06] But regardless, we are working

[36:09] hard on it.

[36:10] Madison gave me a list of three

[36:12] approved vendors to clean it

[36:12] up.

[36:15] I called all of them and none of

[36:18] them, they either didn't

[36:19] economist or said they'd get to

[36:21] it and never did.

[36:22] I waited about a month for them

[36:24] to get to it in fact one of them

[36:25] call meed back three times and

[36:27] then never did give me a

[36:27] proposal.

[36:29] So I worked with madison we're

[36:33] now working with people from

[36:33] orlando.

[36:36] We have contracts to sample the

[36:37] entire property to ensure

[36:40] there's no asbestos anywhere

[36:41] else.

[36:44] And I have put a deposit down

[36:45] with an asbestos removal company

[36:48] from orlando to get started

[36:50] hopefully in the next week or

[36:51] two removing the asbestos so

[36:53] that we can then clean up

[36:54] everything else after the

[36:57] asbestos is removed and then

[36:59] retest everything afterwards.

[36:59] >> okay.

[37:01] So how much time frame does your

[37:02] contractor think because I'm

[37:04] very?Rar with this area.

[37:04] I -- familiar with this area.

[37:07] I teach in this area.

[37:07] What do you think is a

[37:09] reasonable time because we don't

[37:11] want to have you come back and

[37:11] have penalties.

[37:13] >> yes, I agree, the contractor

[37:14] thinks it can be done in 30

[37:17] days, but I don't trust that.

[37:19] >> I, you know, weather we're

[37:20] getting into hurricane season

[37:22] and stuff so yeah.

[37:23] >> I would prefer to have till

[37:24] the end of the year if at all

[37:25] possible just to complete

[37:26] everything.

[37:28] >> so that's what we are in

[37:29] SEPTEMBER, you're talking.

[37:30] >> three and a half months, four

[37:30] months.

[37:31] >> how does the county feel

[37:32] about extra time?

[37:34] Obviously from testimony hired a

[37:36] contractor, sounds like a

[37:39] legitimate one to get the work

[37:39] done.

[37:40] >> I can understand having

[37:42] issues with the specialty as far

[37:43] as asbestos.

[37:43] >> are you comfortable having it

[37:44] gun by the end of the year or is

[37:46] it too long.

[37:47] >> can we go no further than 90

[37:48] days.

[37:49] >> are you comfortable with 90

[37:52] days, the county's suggesting?

[37:52] >> I guess so.

[37:54] I mean, like I said.

[37:55] >> that's essentially, that's

[37:56] three months plus.

[37:57] >> it's pretty close, and

[37:58] nothing much happens at the end

[38:01] of DECEMBER anyways so sure.

[38:02] 90 days is fine.

[38:03] >> yeah, another thing as you've

[38:05] heard me say before, you know,

[38:07] if this gets done quickly, let

[38:10] them know know right away

[38:12] because then there is no penalty

[38:13] at that point once you're in

[38:14] compliance, and the penalties

[38:18] don't accrue unless you fail to

[38:19] come into compliance within 90

[38:20] days so stay in touch.

[38:22] It sounds like you are with epd

[38:24] and your contractor will I'm

[38:24] sure as well.

[38:27] So in my -- 90 days for you.

[38:28] >> thank you.

[38:30] Yeah, that contractor is ccing

[38:32] the epd on everything they send

[38:33] me, so.

[38:33] >> great.

[38:33] Thank you.

[38:35] Thank you for being on the

[38:35] call.

[38:36] And thank you for taking

[38:39] proactively on the matter.

[38:41] Andening else from the county on

[38:41] this?

[38:42] Okay, thank you, you're welcome

[38:45] to sign off of the zoom.

[38:46] >> thank you.

[38:48] >> case number 7, please.

[38:56] >> case number 26-003460, mejia

[39:00] and mejia, JR. Trustees.

[39:02] >> okay s there someone here

[39:05] representing mejia and mejia,

[39:06] JR. Trustees, is someone here

[39:07] representing the respondent?

[39:11] Seeing none, please proceed.

[39:13] >> good morning, my name is

[39:15] andrew coniglio, the senior

[39:16] forester and landscaping

[39:17] inspector for alachua county.

[39:26] In the code enforcement case

[39:29] 26-003460, the county received a

[39:32] complaint on APRIL 16th, 2026,

[39:33] regarding the property located

[39:36] at the following address.

[39:39] 2104 southwest 70th terrace,

[39:41] gainesville, florida, 32607 and

[39:50] identified by parcel number

[39:50] 06678-022-018.

[39:52] Code administration initiated an

[39:53] enforcement proceeding and found

[39:55] there to be a violation of the

[39:56] following sections of the

[40:01] alachua county code of

[40:03] ordinances, 7429, the respondent

[40:05] was provided a teebl

[40:06] reasonable

[40:07] time to correct the violations

[40:11] a. Notice of violation was sent

[40:12] to the respondent including

[40:14] credibilityive actions.

[40:16] Ongoing inspections to date --

[40:17] remins in violation of the

[40:18] alachua county code sections.

[40:19] The last inspection of the

[40:23] property that I did was on

[40:26] AUGUST 14th, 2026.

[40:29] Under the, it's my understanding

[40:31] that senior planner with epd

[40:34] inspected the property on

[40:34] AUGUST 31st.

[40:36] On AUGUST 31st, 2026, and

[40:38] found that the one of the trees

[40:40] had been removed, but not both

[40:42] trees that were listed in the

[40:43] violation, so they are sort of

[40:45] half in compliance.

[40:48] The county has, oh I have good

[40:49] service of notices and statement

[40:51] of violations to respondent sent

[40:53] by certified mail, receipt or

[40:55] posting copies have been provide

[40:56] today mannel straight

[40:57] --

[40:58] provided to the magistrate and I

[40:59] request they be innered

[41:00] entered

[41:01] into evidence.

[41:02] The county has had contact with

[41:03] the respondent regarding the

[41:03] violations.

[41:06] The photographs presented were

[41:09] taken by kelley poirier and

[41:10] accurately reflect the violation

[41:11] and I ask they be admitted into

[41:11] evidence.

[41:13] The county recommends the

[41:13] respondent be found in violation

[41:16] of the said sections of the

[41:18] code, order respondent to come

[41:19] into compliance within 30 days

[41:20] by complying with the corrective

[41:21] actions listed in the notice of

[41:23] violation, and if not, then pay

[41:24] a fine in the amount of $25 for

[41:26] each day the violations continue

[41:27] past the date set for

[41:29] compliance, the county has

[41:30] incurred 2

[41:31] $210 in bringing this

[41:33] action to hearing.

[41:35] >> anybody here representing the

[41:36] respondent?

[41:38] Seeing none, thank you.

[41:42] Move onto the next case.

[41:47] >> case number 26 -- 004150.

[41:51] Alachua county versus swanson

[41:52] alexander william.

[41:53] >> do you want to come over and

[42:04] stand at the podium, please.

[42:05] >> would you please state your

[42:08] name for the record.

[42:08] >> alexander swanson.

[42:11] >> you can pull the microphone

[42:11] up.

[42:12] >> alexander swanson.

[42:13] >> you can pull the microphone

[42:15] up so you don't have to stoop.

[42:16] >> what's your address.

[42:17] >> alexander swanson.

[42:20] My address is 3621 southwest

[42:22] 18th street.

[42:22] >> okay.

[42:23] All right.

[42:23] I'm going to let the county

[42:26] proceed and then I'll ask you to

[42:29] speak on the matter.

[42:33] Andrew coniglio, senior

[42:33] forester.

[42:34] And landscape inspector for

[42:35] alachua county.

[42:39] The in the code enforcement case

[42:43] 26-004150, the county received a

[42:46] complaint on MAY 7th, twbt 26,

[42:47] regarding the property located

[42:50] at the following address, 3621

[42:51] southwest 18th street

[42:54] gainesville, florida, 32608.

[43:00] And identified by the parcel

[43:04] number 027 or 07273-00 lexer

[43:06] 0-000.

[43:08] Code administration initiated an

[43:08] enforcement proceeding and found

[43:10] there to be a violation of the

[43:11] following sections of alachua

[43:17] county code, 74.29 prohibited.

[43:18] The 13-7dant was provided --

[43:19] respondent wads provided with a

[43:20] reasonable time to correct the

[43:21] violations, a notice of

[43:22] violation was cept to respondent

[43:24] that included corrective

[43:24] actions.

[43:26] Ongoing inspections conducted to

[43:27] date have determined that the

[43:29] respondent remains in violation

[43:31] of the said alachua county code

[43:31] sections.

[43:33] The last inspection of the

[43:36] property was on AUGUST 14th,

[43:37] 2026, I have good service of

[43:39] notes and statements of

[43:41] violation to respondent sent by

[43:42] certified mail, receipt or

[43:43] posting.

[43:43] Copies have been provided to the

[43:44] magistrate and I request that

[43:46] they be innered to evidence.

[43:47] -- entered into evidence.

[43:48] I have had contact with the

[43:50] respondent regarding the

[43:51] violations,.

[43:52] The dpoatographs being presented

[43:53] were -- photographs being

[43:55] presented were taken by myself

[43:58] and code officer quellly poirier

[43:59] and accurately reflect the

[44:00] violations and I ask they be

[44:02] admitted into evidence.

[44:03] The county recommends the

[44:03] respondent be found in violation

[44:05] of the said sections of the

[44:06] code.

[44:07] Order the respondent to come

[44:08] into compliance within 15 days

[44:11] by complying with the corrective

[44:13] actions listed in the nov and if

[44:14] not then pay a fine in the

[44:15] amount of $50 for each day the

[44:16] violations continue past the

[44:18] date set for compliance,.

[44:20] The county has incurred $210 in

[44:22] bringing this action to

[44:22] hearing.

[44:23] >> so what is actiontually

[44:24] needed to be done here?

[44:25] What's the issue?

[44:27] Dead tree or?

[44:29] >> there are, the nov list of

[44:32] five pine trees that are within

[44:34] the utility and the right-of-way

[44:36] next to the road.

[44:37] And they are dead trees, dead

[44:41] pine trees, and so they need to

[44:44] be at least brought down below

[44:45] the utility lines.

[44:47] >> they would have -- they don't

[44:48] necessarily have to take the

[44:49] whole tree out.

[44:50] >> they don't have to take the

[44:51] tree out of the ground.

[44:52] They just need to take it below

[44:55] the lowest utility line.

[44:55] >> okay.

[44:56] MR. Swanson, your time to speak,

[44:58] and what can you tell me.

[45:01] >> okay, yes, judge, thank you.

[45:03] Let's see hear.

[45:05] So I heard MR. Coniglio state

[45:08] that the trees are in violation

[45:09] because they are dead.

[45:14] because my, the notice of

[45:15] violation I received states the

[45:16] trees are in violation because

[45:19] of a pine beetle issue.

[45:20] >> pine beetle usually causes

[45:22] the death of the tree.

[45:25] >> right, but so, so so that

[45:28] being the case, so we're

[45:31] established you know that the

[45:33] trees are dead.

[45:37] Now, I, I spoke with

[45:38] MR. Coniglio on my property

[45:38] there at the end of JULY and I

[45:41] sent him a couple photos of new

[45:45] green growth on all of these

[45:46] pine trees.

[45:50] So if the, I believe the

[45:51] in23r5bgz

[45:52] infraction's erroneous

[45:54] if we're claiming the trees are

[45:55] dead because I supplied photos

[45:58] of these trees with new green

[46:00] growth and they continue to

[46:03] develop new green growth.

[46:03] So.

[46:05] >> okay, let me ask

[46:05] MR. Coniglio.

[46:06] When you were there in

[46:08] AUGUST 14th, did you observe

[46:10] whether the trees were regrowing

[46:11] or --

[46:13] >> I did not observe that on my

[46:15] initial visit with MR. Swanson

[46:17] in JULY.

[46:20] I will say as a expert in the

[46:22] subject trees die from the top

[46:22] down.

[46:25] And it's not uncommon for small

[46:27] amounts of growth to come out at

[46:29] the, you know, base of the tree

[46:32] or even lower down on the tree

[46:34] as like a sort of lash flush of

[46:38] life, but the trees are a hazard

[46:40] because they are dead from the

[46:40] top.

[46:41] Whole top of the tree is dead,

[46:43] so.

[46:45] >> somr. Swanson, would you

[46:46] agree that the top of the tree

[46:46] is dead.

[46:47] >> you know, the top of the tree

[46:48] is debatable to me.

[46:51] The photos that I sent to

[46:52] MR. Coniglio there the new green

[46:54] growth are a lot of that growth

[46:56] is actually at or above the

[46:59] power line level.

[47:02] So it's 30 to 40 feet up is

[47:03] where this new growth is.

[47:09] These are 100-feet tall pine

[47:10] trees.

[47:11] So it's debatable to me that

[47:14] these trees are dead at all.

[47:16] I would be prepared if given an

[47:19] extension here of some time to

[47:23] supply a certified arborist that

[47:24] would potentially varifee

[47:25] verify

[47:28] that these trees are living on

[47:29] my behalf at least.

[47:30] >> so what I'm going to propose

[47:33] is that I give you 60 days that

[47:36] you gives you plenty of time to

[47:38] get an arborist if you so desire

[47:40] and then get with MR. And see if

[47:43] he agrees with the arborist

[47:43] concludes.

[47:47] >> I mean, I have had the trees

[47:53] looked at by the state.

[47:55] MR. -- anenthmologist with the

[47:57] florida forest service has

[47:58] inspected the trees from the

[47:59] right-of-way, and they found

[48:02] them to be consistent with

[48:07] beetle infestation, very common

[48:10] beetles and he, he is

[48:14] corroborated that the trees are

[48:14] dead.

[48:16] I attempted to have them here

[48:17] today to testify but he was

[48:19] unable to make it.

[48:22] I think 60 days is too long.

[48:23] Certainly it can be done in a

[48:25] shorter amount of time.

[48:27] And these trees have been a

[48:29] problem for several months now,

[48:31] and they are actually people

[48:32] here from the surrounding homes

[48:35] that are very worried about the

[48:35] trees.

[48:36] the complainants and things that

[48:37] are neighborhoods that are very

[48:40] worried about these trees and

[48:41] they can testify to the fact

[48:43] that these trees have been a

[48:45] problem for several months.

[48:47] >> I've got -- he is saying it's

[48:50] coming back -- so at this point,

[48:52] so I'm going to give him extra

[48:52] time.

[48:53] I won't give him 60.

[48:56] I'll give him 45 days,

[48:57] MR. Swanson, okay and you need

[48:59] to be in touch with the county

[49:00] as soon as you get that arborist

[49:01] report in.

[49:04] Now if they find that it is dead

[49:06] or denied then you know the

[49:06] order would still be that you

[49:08] need to take them down from

[49:09] below the power line.

[49:13] You don't have to take the whole

[49:15] tree down, okay?

[49:16] All right.

[49:16] >> okay.

[49:17] I don't know if this is the

[49:21] appropriate place to address

[49:23] this, but there is also some

[49:28] question as to the height of the

[49:28] trees that would need to be

[49:29] taken down.

[49:31] There is evidence in other

[49:33] neighbors where similar thing is

[49:36] has happened and the trees are

[49:39] cut to a level of 35 feet which

[49:42] is the acceptable trimming

[49:42] height.

[49:47] And that is also in areas and

[49:49] neighborhoods along power

[49:49] lines.

[49:51] They trim them to 35 feet.

[49:52] >> well some of that's going to

[49:54] be dependent upon the heighth of

[49:57] th power line so.

[49:58] >> yeah, as utilities, as a

[49:59] certified arborist and utility

[50:01] specialist as I used to be a

[50:03] utility forester and it was

[50:05] routine practice to require

[50:07] trees to be trimmed below,

[50:09] safety trimmed beloy the lowest

[50:11] level of the power line so below

[50:12] the communication lines.

[50:13] Which would be significantly

[50:15] shorter than 35 feet.

[50:16] >> well, your arborist will be

[50:19] able to tell you that,

[50:19] MR. Swanson.

[50:21] And he will be able to recommend

[50:22] what the heighth is for trimming

[50:25] if they need to be trimmed.

[50:26] Okay?

[50:26] >> great, thank you, judge.

[50:26] >> all right, thank you for

[50:38] being here.

[50:51] >> notes here.

[50:52] Let's go ahead.

[50:53] I believe we're now into the

[50:55] penalty phase.

[50:57] Let me read the statement.

[50:59] Noncompliants hearings are

[51:00] strictly -- penalty hearings are

[51:01] strictly to evaluate if an order

[51:02] that has been created by the

[51:03] special magistrate has been

[51:04] followed or not followed.

[51:06] I will not rehear the case as

[51:07] the special magistrate has no

[51:08] authority to revisit its

[51:10] previous actions.

[51:12] The policy for conducting a

[51:13] noncompliance hearing and

[51:14] penalty phase is determine if

[51:16] the respondent is in compliance

[51:18] or not in compliants, give the

[51:19] county and the respondent an

[51:20] opportunity to speak on the

[51:21] compliance or noncompliance, and

[51:23] I will make a decision regarding

[51:24] compliance or noncompliance and

[51:26] if found in noncompliance

[51:27] placement of the lien for the

[51:28] amounts accrued.

[51:30] So county, let's go ahead and

[51:31] call up this case and I believe

[51:34] these are a series of cases on

[51:34] zoom.

[51:39] So is someone here representing

[51:41] sp moe apartments llc.

[51:42] >> yes, good morning.

[51:43] can you hear me?

[51:45] >> yes, and were you online for

[51:47] the swearing in?

[51:48] >>> yes, sir.

[51:49] >> okay.

[51:50] And please state your name for

[51:51] the record and your relationship

[51:53] to the apartments.

[51:55] >>> my name is femy kennedy.

[51:56] I am the regional property

[51:58] manager with windgate properties

[52:01] who is the management company of

[52:02] majestic oaks apartments.

[52:05] >> okay and what's your

[52:05] address?

[52:08] >>> my address, my address is we

[52:10] have an atlanta address, 100

[52:13] wells avenue, well actually,

[52:14] massachusetts address is my

[52:15] corporate address so 100 wells

[52:18] avenue, newton, massachusetts.

[52:18] >> okay.

[52:19] All right.

[52:21] So we have a series of cases, we

[52:23] can either do them individually

[52:25] one by one or we can call them

[52:28] all and then deal with them as a

[52:29] collective set of cases.

[52:32] What would you prefer?

[52:33] >> however MS. Benjamin would

[52:36] like to proceed.

[52:37] I'm at her disposal.

[52:38] >> so I think we have seven

[52:39] cases total if I'm right.

[52:40] >> I would really appreciate if

[52:42] we could just combine them.

[52:43] I could just read the owner and

[52:45] then the case numbers.

[52:47] >> let gina call them in and

[52:49] then we will deal with them

[52:50] correctively.

[52:50] >> okay.

[52:51] >> perfect.

[52:56] >> case number 26-002581.

[53:00] Alachua county versus sp mo

[53:02] apartments llc.

[53:06] Case number 26-002769 alachua

[53:10] county versus sp mo apartments

[53:10] llc.

[53:11] >> I think you can save time you

[53:14] can just do the case numbers.

[53:17] >> case 26-002974.

[53:23] Case number 26-002830.

[53:29] And case number 26-002970.

[53:37] And case number 26-002972.

[53:46] Case number 26-002781.

[53:47] >> chair: okay.

[53:47] >> good morning.

[53:49] I'm officer benjamin.

[53:51] I am a certified property

[53:51] maintenance housing inspector

[53:53] for alachua county.

[53:55] In this particlar case, I got

[53:58] called out by one tenant about

[54:01] some maintenance issues in her

[54:01] unit.

[54:05] And once I did that one,

[54:07] inspection, there were six other

[54:08] complaints placed through

[54:09] alachua county from the tenants

[54:11] at majestic oaks.

[54:13] I will state that MR. Kennedy

[54:17] has done his very best to

[54:20] alleviate these violations and

[54:24] they are now in compliance as of

[54:25] SEPTEMBER 28th, 2026.

[54:29] Today the county is asking for

[54:31] s-p mo apartments llc to pay the

[54:34] prosecution costs for each case,

[54:38] one time fine for each case, and

[54:41] to apply the lien for all the

[54:43] total accruing fines that are

[54:46] now closed as of

[54:47] SEPTEMBER 28th, 2026.

[54:49] There are no longer running

[54:51] fines, so whatever that final

[54:53] number is what they owe as of

[54:54] today.

[54:55] I will state that MR. Kennedy is

[54:59] in the process of getting new

[55:01] maintenance team.

[55:03] It has not been successful as of

[55:06] late due to the history of

[55:07] nugestic oaks over the past but

[55:08] he is doing everything he can to

[55:16] get maintenance out there.

[55:17] Right now they have temporary

[55:17] maintenance workers there that

[55:19] is very good about completing

[55:21] all open work orders so I will

[55:23] give MR. Kennedy the floor now.

[55:24] >> okay so I will just make it

[55:26] clear, so they are now in

[55:26] compliance.

[55:29] >> yes, sir, all seven as of

[55:29] dales.

[55:30] >> so there is daily fine

[55:31] running anymore.

[55:33] >> no more.

[55:34] >> all we have is accumulated

[55:35] fines at this point?

[55:36] >> yes, sir.

[55:36] >> okay.

[55:40] And does the total accumulative

[55:42] fine include the one-time fine.

[55:42] >> yes.

[55:43] >> yes, it does.

[55:44] >> okay.

[55:44] Thank you.

[55:45] Appreciate that.

[55:47] All right.

[55:49] You've heard the county's

[55:49] request.

[55:57] They've said you're doing

[55:58] everything you can to bring it

[55:59] into compliance.

[55:59] You are now in compliance.

[56:01] The question for you is the

[56:02] outstanding accrued fines on

[56:05] each property.

[56:06] And the way the county process

[56:07] works is I can authorize the

[56:09] county to find a lien for those

[56:11] fines against the properties.

[56:13] You have the opportunity then to

[56:15] come back in and seek a

[56:17] reduction if you so desire on

[56:20] those fines.

[56:21] And so at this point what can

[56:26] you tell me?

[56:28] MS. Benjamin she laid it out

[56:32] pretty correctly for me there.

[56:32] Windgate management took over

[56:36] the property in MARCH.

[56:39] And we initially had these cases

[56:41] got openedden by a current --

[56:44] opened up by a current resident

[56:45] and on the first inspection

[56:46] there, MS. Benjamin did not have

[56:48] a great experience with that

[56:49] manager so long story short I

[56:52] have replaced the site manager

[56:54] three times since then.

[56:56] And we have also attempted to

[56:59] hire seven different maintenance

[57:01] supervisors that have all backed

[57:03] out within three days before

[57:04] their hire date.

[57:06] So MS. Benjamin's correct we

[57:08] have been trying diligently.

[57:10] We have put in place temporary

[57:10] workers.

[57:13] We have called in contractors.

[57:15] The whole nine yards to try and

[57:17] rectify these problems.

[57:19] Once it get to my plate.

[57:20] Once it got to my plate we were

[57:22] already at the magistrate court

[57:23] initially because I didn't even

[57:24] know about them because that

[57:27] particular manager at the time

[57:29] didn't disclose this information

[57:29] to anybody.

[57:31] So that being said, once the

[57:35] baton got passed onto me, I've

[57:36] always had great relationships

[57:38] with code enforcement on all my

[57:40] properties throughout the state,

[57:41] and I know exactly how we got to

[57:42] get things done.

[57:44] I appreciate MS. Benjamin's

[57:46] patience with us because it was

[57:48] a little unnerving because it

[57:50] was so difficult for us to get

[57:52] the job done with the cars

[57:54] that -- cards that we were dealt

[57:55] and the personnel that we had

[57:56] even though we were trying to be

[57:57] in compliance as much as

[57:58] possible.

[58:00] So really my, my approach here

[58:02] is to try and ask for leniency.

[58:05] I will be requesting some

[58:06] hardships where I can provide

[58:07] invoices and documentation to

[58:09] kind of just show what we've

[58:11] been trying to do to rectify the

[58:14] problems since we took over in

[58:14] MARCH.

[58:16] And it has been extremely%

[58:17] challenging on the personnel

[58:17] side.

[58:19] That's really been the main

[58:19] issue.

[58:21] We haven't been neglecting the

[58:22] issue.

[58:25] It's just been personnel

[58:25] issues.

[58:28] And that's been our biggest

[58:28] challenge.

[58:29] So I guess my approach like I

[58:32] said before is to, I'm asking

[58:34] for leniency on the $258,000 in

[58:35] fines because that's kind of

[58:37] steep for us, you know we just

[58:39] took over the property in MARCH,

[58:41] so to start off with a quarter

[58:42] million dollars in fines is

[58:44] pretty hefty.

[58:45] >> now you're the management

[58:46] company.

[58:47] Is that correct?

[58:47] >> that's correct.

[58:48] >> you're not the actual owner

[58:50] of the property.

[58:51] >> no, that's correct.

[58:54] >> okay, so yeah, so the process

[58:56] is that once the prosecution

[58:58] costs are paid,.

[59:00] >> yes, sir.

[59:01] >> one-time fine well I'm

[59:02] talking about being able to come

[59:04] in for reduction.

[59:06] So then you can place, and at

[59:07] the end of this hearing there

[59:09] are a couple reduction requests

[59:11] if you choose to stay online and

[59:11] listen.

[59:14] So you would come in with a

[59:15] request, and you would be placed

[59:17] on the agenda at a future

[59:18] meeting.

[59:20] And then it would be your job to

[59:20] explain why I

[59:21] I should -- and I

[59:22] have the authority to reduce the

[59:24] fine given the right

[59:25] circumstances.

[59:25] So.

[59:26] >> yes, sir.

[59:28] >> that's my goal, yep, yep, so

[59:30] we're on the same panel, that's

[59:33] nigh -- same page that's my

[59:33] goal.

[59:34] I do appreciate MS. Benjamin

[59:35] your words that you said thank

[59:38] you for acknowledging the fact

[59:39] that I really did try on this

[59:40] and we want to move forward with

[59:42] you know it's going to be a long

[59:42] relationship with code

[59:43] enforcement because we don't

[59:44] plan on going anywhere in the

[59:45] city of gainesville, so we just

[59:46] look forward to being able to

[59:48] get over this and get some

[59:50] hardships, get some relief from

[59:53] this process.

[59:53] >> okay.

[59:55] Anything else for this?

[59:57] >> no, sir, and you're welcome,

[59:58] MR. Kennedy.

[59:58] >> thank you very much,

[59:59] appreciate it.

[1:00:02] >> thank you for being on the

[1:00:02] line.

[1:00:04] And you can step off or you can

[1:00:06] listen we got one more case of

[1:00:07] penalty and then we have got our

[1:00:08] reduction hearing.

[1:00:12] >> thank you.

[1:00:13] >> so do you want to call the

[1:00:23] case number, I believe it's

[1:00:25] 816.

[1:00:31] >> case number 25-009910,

[1:00:34] alachua county versus thomas

[1:00:36] jason m. I believe he's to be on

[1:00:36] zoom.

[1:00:38] I herve receive adconfirm --

[1:00:41] never receive adconned a

[1:00:43] confirmation -- I never received

[1:00:44] a confirmation that he would

[1:00:47] appear through zoom so I'm not

[1:00:48] 100% positive he is.

[1:00:49] >> MR. Thomas, are you on the

[1:00:49] line?

[1:00:51] >> yes, sir, can you hear me.

[1:00:53] >> yes, sir, I can, so you're

[1:00:53] here.

[1:00:54] So I'm going to let the county

[1:00:55] proceed first and then I will

[1:00:57] let you respond.

[1:01:00] >> good morning, I'm officer

[1:01:00] benjamin.

[1:01:03] The case came before you first

[1:01:06] on JUNE 4th, 2026.

[1:01:08] It was then moved to the JULY

[1:01:11] hearing pending the information

[1:01:13] MR. Thomas received for the

[1:01:14] septic tank concern for the

[1:01:15] property.

[1:01:17] So since JULY, he has been well

[1:01:20] advised of every step to take to

[1:01:21] alleviate the violations on his

[1:01:24] property by myself, holly banner

[1:01:25] and also he's been in

[1:01:29] communication with the health

[1:01:29] department.

[1:01:33] As of yesterday, my current

[1:01:36] inspection, he still has all the

[1:01:38] structures on the property, and

[1:01:41] has not initiated any procedures

[1:01:45] to get the septic tank issue

[1:01:45] solved.

[1:01:47] So the county is asking for the

[1:01:53] lien to be placed due to being

[1:01:53] guilty.

[1:01:54] >> noncompliance, okay.

[1:01:55] >> noncompliance, yes.

[1:01:55] >> okay.

[1:01:59] All right, MR. Thomas, what can

[1:01:59] you tell me.

[1:02:01] >> yes, sir, since the last --

[1:02:02] can you hear me?

[1:02:03] >> yes, I can, we can hear you.

[1:02:04] >> okay.

[1:02:05] Since the last time we were

[1:02:07] there, nothing has changed.

[1:02:10] I explained to everyone that I

[1:02:11] had went through a divorce, and

[1:02:14] I lost $1 million.

[1:02:15] I've been living in hotels, I've

[1:02:17] been traveling and working, I

[1:02:18] haven't even been to the

[1:02:23] property in over 4 1/2 months.

[1:02:25] I have contacted two different

[1:02:26] mobile home places.

[1:02:27] I emailed holly.

[1:02:31] I don't know if I cc'd

[1:02:32] MS. Benjamin or not.

[1:02:35] but I did talk to them and I

[1:02:38] found two, two mobile homes that

[1:02:40] can go on the site.

[1:02:44] But I have had no correspondence

[1:02:46] with the health department.

[1:02:47] And no, they have not called me

[1:02:49] back, and no, they have not sent

[1:02:52] me anything other than the

[1:02:54] initial email that holly stirred

[1:02:55] the pot a little bit and got

[1:02:57] them to send me something.

[1:02:58] But there was nothing definitive

[1:03:00] in what I had to do.

[1:03:04] So I called a third party septic

[1:03:06] tank company, another company

[1:03:08] out of ocala and said, hey, what

[1:03:10] do I need to do.

[1:03:11] Said well you have a neighbor

[1:03:14] right here that has a giant

[1:03:14] septic tank.

[1:03:17] He's not using part of that,

[1:03:18] maybe if we ask the health

[1:03:19] department if we can get

[1:03:21] somebody out here, you could tie

[1:03:23] into his since your property is

[1:03:24] only a limited use.

[1:03:25] You're only here three or four

[1:03:27] weekends a year.

[1:03:29] And I said well, I don't know

[1:03:32] that I've got to get a mobile

[1:03:35] home on it to be in compliance.

[1:03:36] I said but I don't have the

[1:03:38] money for that right now.

[1:03:40] And he said well, he said there

[1:03:42] is we can help you once you get

[1:03:44] the property -- you know I've

[1:03:45] got to have the house there

[1:03:46] before they can tell me what

[1:03:48] size or what they need to do on

[1:03:50] the health, on the septic tank.

[1:03:52] But I have had no

[1:03:53] correspondence, your honor, with

[1:03:54] the health department.

[1:03:56] I have called and left messages,

[1:03:59] I have called and asked left

[1:04:01] messages, hey, what do I need to

[1:04:03] do so I haven't received

[1:04:04] anything so I went to the

[1:04:06] builder or to the mobile home

[1:04:07] places and I said, look, what do

[1:04:08] we do.

[1:04:11] He said we ask for a permit, you

[1:04:15] buy the unit that you want, at

[1:04:18] the, there's a building

[1:04:18] requirement, for the mobile

[1:04:20] home, once you buy one of those,

[1:04:21] we place it.

[1:04:22] Then the next step you would be

[1:04:24] go to the septic tanks or you

[1:04:27] know go to the septic system.

[1:04:28] I'm trying to do the right

[1:04:28] thing, your honor.

[1:04:29] I always have.

[1:04:31] I'm not trying to hide anything

[1:04:32] from anybody.

[1:04:33] And it's being made to look that

[1:04:35] I'm, that I'm doing so.

[1:04:37] First of all, I have not been

[1:04:37] there.

[1:04:40] In a long time.

[1:04:41] Second, I don't have the money

[1:04:43] to go buy a trailer when we went

[1:04:46] through the second meeting.

[1:04:48] Now I'm getting traction and I

[1:04:49] can buy one.

[1:04:51] And that's why I said if I could

[1:04:53] bow given, you know, if I could

[1:04:54] be given 60 to 90 days to pay

[1:04:56] for it, I'll go get a trailer

[1:04:59] and put on there in two weeks.

[1:05:01] But the problem is I don't know

[1:05:02] because of my business, I don't

[1:05:04] know when I'm going to get paid,

[1:05:07] I get paid 30 to 50 days after I

[1:05:09] do a project, and I've been

[1:05:11] paying back arrears for the

[1:05:12] divorce of a million dollars.

[1:05:14] So I have been living on my skin

[1:05:17] of my teeth for the last five

[1:05:19] months, six months since

[1:05:19] JANUARY.

[1:05:21] And I want to put a trailer on

[1:05:22] there.

[1:05:23] I have always wanted to put a

[1:05:25] trailer on there.

[1:05:27] But way back long ago when I was

[1:05:28] talking with holly she said that

[1:05:29] the code was going to change and

[1:05:32] I could possibly put a modular

[1:05:34] home on the property.

[1:05:35] and that's part of the reason of

[1:05:38] the wait, but I have

[1:05:40] communicated with MS. Benjamin

[1:05:42] and holly, I want to do the

[1:05:43] right thing.

[1:05:44] And the only thing I want to do,

[1:05:45] your honor, is just give me some

[1:05:47] time to get some money in the

[1:05:50] bank where I can go and say hey

[1:05:51] I want to buy this trailer

[1:05:52] trailer

[1:05:53] trailer and they can pull

[1:05:54] the permit and that's a question

[1:05:57] I have for allante is once I buy

[1:05:58] the trailer and put the trailer

[1:06:02] on there, does the trailer

[1:06:04] company request the permit or do

[1:06:07] I have to do that?

[1:06:07] And I know there's going to be

[1:06:10] time associated with that.

[1:06:12] All's I'm wanting to do is just

[1:06:13] get enough money to get a

[1:06:14] trailer on there and once I get

[1:06:17] the trailer on then, then I can

[1:06:18] ask for somebody from the county

[1:06:21] to come out and tell me what to

[1:06:24] do for a septic tank because I

[1:06:25] would love to have a mobile home

[1:06:27] on that property.

[1:06:29] It's just a time thing, your

[1:06:30] honor, with money.

[1:06:33] I would gladly bought this bun

[1:06:37] you know when you're living on

[1:06:37] $350 a month to eat off of and

[1:06:39] having to pay attorneys, and

[1:06:43] having to pay divorce

[1:06:46] settlement, it's pretty tough.

[1:06:46] >> understood.

[1:06:46] Okay.

[1:06:48] Anything else from the county?

[1:06:50] >> yes, sir.

[1:06:52] So as stated in the previous two

[1:06:54] hearings, this case has been

[1:06:57] open since SEPTEMBER 19th,

[1:06:58] 2025.

[1:06:59] Extensions have been given.

[1:07:01] He has received every single

[1:07:04] step to gain compliance from

[1:07:05] myself, from holly banner, and

[1:07:07] from the health department.

[1:07:10] by email which he requested due

[1:07:12] to some health concerns so we

[1:07:14] have obliged that 100%.

[1:07:16] The county has exhausted every

[1:07:19] avenue to assist MR. Thomas.

[1:07:21] Since SEPTEMBER 19th, 2025.

[1:07:21] >> your honor, your honor.

[1:07:22] >> let her finish her

[1:07:23] testimony.

[1:07:25] >> to give him every opportunity

[1:07:27] to make at least one step

[1:07:27] towards compliance and that has

[1:07:28] not been done.

[1:07:31] So at this time, the county is

[1:07:33] stating that we want to start

[1:07:35] and apply the lien to his

[1:07:37] property and then once he does

[1:07:39] come into compliants then we can

[1:07:42] have a conversation about how to

[1:07:46] move forward with the monetary

[1:07:47] finals but as of today -- fines

[1:07:49] but as of today the county is

[1:07:50] not willing to give an extension

[1:07:51] on his case.

[1:07:52] >> let me know when I can

[1:07:52] speak.

[1:07:53] >> you can speak now.

[1:07:55] >> here's the thing.

[1:07:57] There has nothing been sent to

[1:07:59] me that says step by step by

[1:08:00] step by step by step what I

[1:08:01] gotta do.

[1:08:02] All's allante it

[1:08:04] 's done is told

[1:08:06] me I need to talk to the

[1:08:07] building people.

[1:08:07] Okay.

[1:08:08] I know that.

[1:08:09] I know I need to get a house on

[1:08:09] there.

[1:08:14] I have not received but one

[1:08:14] email.

[1:08:16] From the health department.

[1:08:17] And the health department said

[1:08:20] something about a nitrogen

[1:08:23] enrichment system and all of

[1:08:24] that but it doesn't matter, your

[1:08:25] honor, I don't have the money to

[1:08:27] pay for it.

[1:08:28] I don't have the money to do

[1:08:28] it.

[1:08:30] I want to do it.

[1:08:32] I am desiring to do it.

[1:08:34] In fact I'm actually looking

[1:08:35] forward to doing it.

[1:08:37] Because I can't live in the home

[1:08:39] that I let my wife live in

[1:08:40] during the divorce because she

[1:08:42] destroyed it.

[1:08:43] I can't live.

[1:08:45] It's not livable on the inside

[1:08:46] because she let dogs in there.

[1:08:48] So I'm living in hotels with my

[1:08:50] projects, I'm out working, like

[1:08:52] I said I've been gone from

[1:08:54] florida for almost five months.

[1:08:56] And I've been working, working,

[1:08:58] working trying to get the money

[1:08:59] right to do everything.

[1:09:02] But I have had the only e-mails

[1:09:04] and I can show you the e-mails,

[1:09:06] the only e-mails I have is the

[1:09:08] original one where holly raised

[1:09:11] a little bit of hell with the,

[1:09:13] with the health department and

[1:09:14] said let MR. Thomas know.

[1:09:16] I got one email stating that

[1:09:20] there was a nitrogen or

[1:09:21] something system but that's all

[1:09:23] I got so I called back four or

[1:09:24] five times and left messages and

[1:09:25] said heart

[1:09:26] hey, please tell me

[1:09:27] what the next steps are.

[1:09:27] Please tell me.

[1:09:30] And it's just like when I called

[1:09:32] code enforcement the first

[1:09:32] time.

[1:09:33] They just tell you no.

[1:09:35] Well, I'm in kind of a strange

[1:09:36] situation here, your honor.

[1:09:38] I want to do it, but I just

[1:09:40] don't have the money.

[1:09:40] >> understood.

[1:09:42] >> I desire to do it.

[1:09:44] I want to be compliant.

[1:09:45] I want to put a house.

[1:09:46] I've always wanted to put a

[1:09:47] house on it.

[1:09:48] But when, you know, when a judge

[1:09:50] slams the gavel and says a

[1:09:54] million bucks, what do you do?

[1:09:54] >> understood.

[1:09:55] Okay.

[1:09:59] MR. Thomas, I understand your

[1:10:00] position.

[1:10:00] So anything else from the

[1:10:02] county?

[1:10:04] >> no, sir.

[1:10:05] >> all right, I'll make my

[1:10:06] decision later.

[1:10:07] Thank you for being on the line,

[1:10:12] MR. Thomas.

[1:10:14] >> okay, what do I do now, your

[1:10:15] honor?

[1:10:17] >> well, I'll make a decision,

[1:10:18] and if I decide that a lien is

[1:10:21] in order, you've heard earlier

[1:10:24] testimony I believe that or

[1:10:25] statements that you know once

[1:10:28] you come into compliance, the

[1:10:28] fines stop, and then you have

[1:10:30] the ability to come back to me

[1:10:34] and ask for a reduction in those

[1:10:34] fines.

[1:10:37] >> can I ask this question?

[1:10:37] >> sure.

[1:10:38] >> so I can go ahead and proceed

[1:10:42] with getting the, the approved

[1:10:45] mobile home put on the property,

[1:10:45] correct?

[1:10:46] >> yeah, if that'll bring you

[1:10:48] into compliance, then yes, you

[1:10:49] can proceed with that.

[1:10:51] What you want to do is make

[1:10:52] sure --

[1:10:53] >> can I allante something, is

[1:10:54] she still there?

[1:10:55] >> yes, she's still here.

[1:10:57] Hang on a second, let her get to

[1:11:00] the podium.

[1:11:00] >>> hello.

[1:11:02] Yes, how MAY I help you?

[1:11:04] >>> can, if I put the, if I go

[1:11:06] to the trailer company and I

[1:11:08] say, okay, this the one that I

[1:11:12] want, do they pull the permit?

[1:11:13] The building permit for that,

[1:11:15] for the installation?

[1:11:17] Like any other business would

[1:11:18] do?

[1:11:20] >>> once you find the mobile

[1:11:23] home that is suitable to you, I

[1:11:25] do oblige you to reach out to

[1:11:25] holly banner about the specs and

[1:11:26] the type of mobile home that

[1:11:29] you're looking into to ensure

[1:11:32] that the property zoning is

[1:11:33] adequate because one thing the

[1:11:34] county does not want you to do

[1:11:36] is spend money on a mobile home

[1:11:37] that's not approved for your

[1:11:38] property, so once you find one

[1:11:41] to your liking, please give

[1:11:42] those specs to holly banner and

[1:11:43] I will suggest by email so she

[1:11:45] will have time to look over and

[1:11:47] let you know if that's adequate

[1:11:48] for compliance.

[1:11:48] >> okay.

[1:11:49] >> because you know we want --

[1:11:51] >> and that's that, that's that

[1:11:52] building code is what you're

[1:11:53] talking about that she explained

[1:11:54] to me in the email?

[1:11:56] Because in her email to me said

[1:11:57] that I had to follow this.

[1:12:01] But this was a long time ago.

[1:12:03] So you're talking about

[1:12:04] following the building codes for

[1:12:05] hurricane proof and all that

[1:12:06] stuff for alachua county,

[1:12:06] correct?

[1:12:08] >> that'll be a question for

[1:12:11] MS. Holly banner because I do

[1:12:11] do

[1:12:12] not want to give you inadequate

[1:12:12] information.

[1:12:14] So as I stated previously, if

[1:12:15] you find a mobile home to your

[1:12:17] liking, just clear it with holly

[1:12:18] banner first on whether or not

[1:12:19] you can move forward with that

[1:12:21] one or she can suggest some that

[1:12:23] will fit and you can just have

[1:12:25] some to choose from.

[1:12:25] >> okay, okay, understood.

[1:12:27] Second question, once I get the

[1:12:30] trailer there, and then can I,

[1:12:32] can I request or can I come down

[1:12:33] there and get the health

[1:12:35] department to come out and look

[1:12:37] and tell me what to do for the

[1:12:39] septic tank?

[1:12:41] Because I'm getting conflicting

[1:12:42] stories because the original,

[1:12:44] the two, the two contractors I

[1:12:46] had there for theept isic tank

[1:12:48] said no your -- the septic tank

[1:12:49] said no your property's too

[1:12:51] small, no they won't allow this

[1:12:52] but you can possibly tie into

[1:12:52] this.

[1:12:53] And I said well that's what

[1:12:54] you're saying.

[1:12:55] Let me get with the county and

[1:12:57] the county hasn't responded to

[1:12:58] anything so my question to you

[1:13:00] is allante once I get the

[1:13:02] trailer house there and then I'm

[1:13:04] in compliance, then can I get

[1:13:05] the health garment to come out

[1:13:08] and tell me what -- health

[1:13:08] department to come out and tell

[1:13:10] me what to do?

[1:13:12] >> so the issue at hand as well

[1:13:13] is the lot size of your property

[1:13:15] and the scetbacks.

[1:13:15] >> right.

[1:13:16] >> so before you even put the

[1:13:17] mobile home on the property you

[1:13:20] will have to make sure you have

[1:13:21] space for the septic tank that

[1:13:22] is approved by the health

[1:13:23] department so you will have to

[1:13:25] coordinate with both departments

[1:13:26] to ensure once the septic tank

[1:13:29] is placed, and the mobile home

[1:13:31] is placed that all is well and

[1:13:31] good, right?

[1:13:33] Because you don't want to do --

[1:13:34] either or without the other and

[1:13:37] then you have setback issues,

[1:13:38] right.

[1:13:41] >> okay, so you're both.

[1:13:43] >> let's clear both with both

[1:13:44] departments before replacing

[1:13:45] anything that way the setback

[1:13:46] and zoning will be proper.

[1:13:49] >> so I need to go to the health

[1:13:51] department and get them to tell

[1:13:54] me yes or no if I can't have, if

[1:13:57] I can't have a septic tank on

[1:14:00] there, can I have a dump tank?

[1:14:03] Can I, can I ask for, can I for

[1:14:04] special permission to have a

[1:14:06] dump tank?

[1:14:08] >> you MAY request anything you

[1:14:08] like with the health

[1:14:09] department.

[1:14:10] It's up to them to approve it,

[1:14:10] right?

[1:14:13] There is no such thing as --

[1:14:14] >> health department is the

[1:14:14] primary --

[1:14:15] >> unnecessary question when it

[1:14:17] comes to a situation like

[1:14:17] yowrdz.

[1:14:20] So if that's something that you

[1:14:21] feel will be best adequate,

[1:14:22] definitely ask the health

[1:14:24] department is that a substitute

[1:14:29] for the septic tank that they

[1:14:29] suggested.

[1:14:30] >> what do I do to get the

[1:14:31] health department to communicate

[1:14:33] with me?

[1:14:33] >>> you can --

[1:14:34] >> I have called.

[1:14:35] >> I mean, every office you can

[1:14:40] call, you can email, or go in

[1:14:40] person.

[1:14:44] They do have open office hours.

[1:14:45] That's what I'm going to do it.

[1:14:50] I have gone down in person -- I

[1:14:52] have called, I have left

[1:14:53] messages, I have done all of

[1:14:53] that.

[1:14:54] I didn't realize the health

[1:14:56] garment was the, was predicates

[1:15:00] everything else.

[1:15:01] >> they're an independent state

[1:15:02] agency, so they're not the

[1:15:02] county.

[1:15:03] >> yeah, I didn't realize nat.

[1:15:08] I thought if I put the trailer

[1:15:11] home on it.

[1:15:13] Just put a dump tank.

[1:15:14] Like I've got on all of my

[1:15:17] office trailers that works.

[1:15:18] i have a guy come out once a

[1:15:19] month and suck them out.

[1:15:19] That --

[1:15:21] >> that's going to be between --

[1:15:22] yeah, that's going to be between

[1:15:23] you and the health department.

[1:15:26] You MAY be able to get a septic

[1:15:27] tank contractor to assist you

[1:15:28] with that.

[1:15:29] Most of the septic tank

[1:15:31] contractors will pull the permit

[1:15:33] through the health department so

[1:15:34] I would encourage you to reach

[1:15:36] out to a septic tank company and

[1:15:37] have them because they MAY get

[1:15:38] more response from the health

[1:15:40] department than you do.

[1:15:40] >> okay.

[1:15:43] Your honor, I won't take up

[1:15:44] anymore time but I want you to

[1:15:45] understand I want to dothe right

[1:15:47] thing but there is a -- there is

[1:15:50] a missing link between the

[1:15:51] county and the people actually

[1:15:52] trying to do it.

[1:15:54] I'm not trying to bs anybody.

[1:15:56] All's I want to do is a step by

[1:15:58] step by step remedial short bus

[1:16:00] list for a guy like me to be

[1:16:02] able to follow and be within

[1:16:02] compliance.

[1:16:03] That's all.

[1:16:05] >> and I think that septic tank

[1:16:07] company can help you with that.

[1:16:08] >> yep, all right, well I

[1:16:09] appreciate your time.

[1:16:10] Allante, thank you for your

[1:16:11] time.

[1:16:11] Everybody, thank you.

[1:16:12] >> you're welcome.

[1:16:13] >> I'm thying

[1:16:15] trying to do the

[1:16:15] right thing.

[1:16:15] Thanks a lot, judge.

[1:16:16] >> all right, you have a good

[1:16:17] rest of your day.

[1:16:18] All right, we're now moving into

[1:16:22] the reduction hearings, so read

[1:16:23] a statement.

[1:16:24] The code enforcement special

[1:16:25] magistrate will now hear

[1:16:27] requests for reduction of fines

[1:16:28] and rescissions of liens.

[1:16:30] The decisions to grant or deny

[1:16:32] your request is solely within my

[1:16:33] discretion under florida statute

[1:16:34] and county ordinances.

[1:16:36] In making my decision, I MAY

[1:16:37] consider recommendations from

[1:16:39] the alachua county code

[1:16:40] administration.

[1:16:41] Please state precisely what you

[1:16:42] are requesting and why you

[1:16:43] believe I should grant your

[1:16:44] request.

[1:16:45] You MAY present any information

[1:16:47] that is relevant to your

[1:16:47] request.

[1:16:48] The only purpose of this hearing

[1:16:50] is to consider a reduction of

[1:16:51] fine or rescission of lien.

[1:16:52] This is not an opportunity to

[1:16:55] discuss the original findings of

[1:16:56] guilt for the violations.

[1:16:57] Please refrain from commenting

[1:16:58] on the original proceedings

[1:16:59] since I have no authority to

[1:17:02] revisit the final action.

[1:17:04] All right, so we're going to

[1:17:07] call the first case.

[1:17:11] >> case 25-002245, alachua

[1:17:14] county versus hairl william j.

[1:17:24] Senior.

[1:17:25] >> [Off mic]

[1:17:26] >> that is my father.

[1:17:30] >> let her swear you in.

[1:17:31] >> sir?

[1:17:37] [Off mic]

[1:17:39] >> you are not requesting the

[1:17:40] reduction so the only person who

[1:17:41] can speak is the person

[1:17:44] requesting the reduction.

[1:17:45] This is different than the other

[1:17:48] cases, because this is the -- on

[1:17:50] the person seek thoog

[1:17:51] leduction -- seeking the

[1:17:51] reduction to speak and then the

[1:18:03] county will respond.

[1:18:07] >> [Swearing in]

[1:18:08] >> yes, ma'am.

[1:18:08] >> please state your name fr

[1:18:13] the record.

[1:18:15] >> michael harrell.

[1:18:17] >> my name is james harrell.

[1:18:18] William harrell --

[1:18:19] >> you're the one who is seeking

[1:18:20] the request.

[1:18:21] >> the way this process works is

[1:18:23] totally defer than what --

[1:18:24] different than what we just

[1:18:24] did.

[1:18:26] The birdant is on you now.

[1:18:27] -- burden is on you now.

[1:18:28] You have to convince me why I

[1:18:30] should reduce the fine.

[1:18:31] Money spent, hardships, that%

[1:18:32] kind of thing and then I will

[1:18:33] ask the county for their

[1:18:34] response and then I'll make a

[1:18:34] decision.

[1:18:35] >> all right.

[1:18:37] >> yes, sir, if I can, if I can

[1:18:39] speak now.

[1:18:41] So my -- I wrote the letter to

[1:18:44] you and also to the, was

[1:18:46] hardship letter and stuff like

[1:18:48] that pthat was all me because my

[1:18:49] father is obviously, I mean as

[1:18:50] you can tell he can barely you

[1:18:53] know get around and walk.

[1:18:55] I did not know about any of the

[1:18:55] code enforcement

[1:18:56] enforcement

[1:18:58] violations until MAY 22nd.

[1:18:59] Whenever I visited his house

[1:19:06] kind of saw the condition of

[1:19:07] things, he had not told anyone

[1:19:08] in the family what he had been

[1:19:09] going through.

[1:19:10] He had already been through a

[1:19:11] hearing.

[1:19:13] I wanted to -- the fines are

[1:19:13] $26,900.

[1:19:14] >> that's correct.

[1:19:15] >> he is unable to pay that.

[1:19:18] He's on a single -- you know, I

[1:19:19] believe social security I think

[1:19:20] is.

[1:19:21] He gets one check per month

[1:19:23] doesn't have any money for

[1:19:23] anything.

[1:19:26] I've spent money out of my own

[1:19:27] pocket he spent whatever he had

[1:19:28] in savings and stuff like that

[1:19:30] to be able to come into

[1:19:31] compliance to hire a company to

[1:19:33] clean the property.

[1:19:35] Removing the junk and all that,

[1:19:35] everything.

[1:19:36] >> do you know how much you have

[1:19:37] spent?

[1:19:39] >> I believe it was $5500.

[1:19:53] And then he paid $1400 I

[1:19:54] believe.

[1:19:57] I included receipts, 50, $60,

[1:19:58] here, dump fines and stuff like

[1:19:58] that.

[1:19:59] >> what do you want me to reduce

[1:20:01] the fine to.

[1:20:02] >> if I could be completely

[1:20:06] honest, I mean, as little as

[1:20:08] possible we're at your mercy.

[1:20:11] >> I mean, $100?

[1:20:12] I mean, I don't know what's

[1:20:13] reasonable.

[1:20:16] >> whatever the fine is,.

[1:20:17] >> it's 26,000 --

[1:20:20] >> $15 a month.

[1:20:22] >> yeah, $26,900 right now.

[1:20:24] So and if I remember correct, we

[1:20:26] will accept payment process or

[1:20:29] in terms of.

[1:20:32] >> no, we have not been --

[1:20:33] >> we have in the past.

[1:20:35] >> we have in the past, but at

[1:20:38] this point we no longer offer a

[1:20:39] payment plans.

[1:20:41] >> okay so all right what is the

[1:20:42] county's position on this in

[1:20:43] terms of reduction.

[1:20:44] >> I wanted to give you an idea

[1:20:46] of the case for the record.

[1:20:49] Case was opened back in

[1:20:50] MAY 2025.

[1:20:51] At the magistrate hearing you

[1:20:55] gave him until NOVEMBER.

[1:20:55] 2025.

[1:20:56] So the clean-up actually didn't

[1:21:01] start until MAY 2026 with his

[1:21:01] son.

[1:21:03] and the compliance date was in

[1:21:03] AUGUST.

[1:21:05] Within those three months, they

[1:21:07] did a massive amount of work.

[1:21:08] So I just wanted to hand over

[1:21:10] some pingtures for the case for

[1:21:12] you -- pictures for the case for

[1:21:12] you.

[1:21:18] And by saying that it's a

[1:21:19] incredible amount of work they

[1:21:20] did.

[1:21:20] The county does appreciate that

[1:21:22] so we have no recommendation but

[1:21:23] any reduction that you can grant

[1:21:27] the county would agree to.

[1:21:28] >> okay.

[1:21:30] All right so just so you know

[1:21:31] historically, where it's

[1:21:32] warranted the reductions are

[1:21:35] typically somewhere into the 90

[1:21:39] to 99% reduction.

[1:21:40] And so based on the county's

[1:21:42] statement about your spending

[1:21:43] you know you spent a great deal

[1:21:44] of money to bring this into

[1:21:46] compliance and it's now in

[1:21:48] compliance, I will grant a

[1:21:48] reduction.

[1:21:50] I will have to think about it

[1:21:53] that'll be at least 90% and

[1:21:53] probably lower than that.

[1:21:55] >> thank you for anything you

[1:21:56] can do.

[1:21:58] >> okay and also thank you.

[1:22:00] They were all wonderful to work

[1:22:01] with by the way.

[1:22:02] >> we like to see the property's

[1:22:03] in compliance.

[1:22:04] We don't want your money.

[1:22:06] >> I understand, and it is my

[1:22:07] fault because I built the house

[1:22:08] in 1999.

[1:22:10] And I lived there and just as my

[1:22:12] health went down so did my

[1:22:13] ambition of doing things.

[1:22:14] >> I understand.

[1:22:15] As we get older.

[1:22:16] >> there are projects I wanted

[1:22:20] to do when I retired and I got

[1:22:21] hurt and I haven't been able to

[1:22:23] do nothing so I have had to --

[1:22:24] >> I'm just glad he still talks

[1:22:26] to me after getting rid of all

[1:22:26] his stuff.

[1:22:27] >> let him take over and do

[1:22:28] everything he needed to do that

[1:22:29] I wouldn't.

[1:22:30] >> understood.

[1:22:31] >> well thank you for both being

[1:22:33] here and thank you for getting

[1:22:34] it cleaned up.

[1:22:34] >> yes, sir.

[1:22:35] >> because I'm sure your

[1:22:36] neighbors appreciate it as

[1:22:36] well.

[1:22:37] >> understood, sir.

[1:22:38] >> we appreciate all the hard

[1:22:39] work you did.

[1:22:41] >> well, like I said, thank you

[1:22:41] both.

[1:22:42] >> all right.

[1:22:43] >> thank you.

[1:22:45] >> I'm glad to be on y'all's

[1:22:45] side now.

[1:22:46] >> thank you.

[1:22:46] [Laughter]

[1:22:49] >> all right, next case,

[1:22:49] and

[1:22:52] last case I believe for this

[1:22:52] hearing.

[1:22:56] >> case 26-000-757 alachua

[1:22:56] county --

[1:22:58] >> no, ma'am, you cannot speak

[1:22:59] because you did not request the

[1:23:00] reduction.

[1:23:00] >> pardon?

[1:23:01] >> you did not request the

[1:23:02] reduction.

[1:23:03] Only the person seeking the

[1:23:04] reduction can speak at a

[1:23:08] reduction hearing.

[1:23:10] >> I have a

[1:23:12] -- I am the spouse

[1:23:15] of the owner of the property.

[1:23:16] >> but the you did not request

[1:23:17] the reduction.

[1:23:18] >> pardon?

[1:23:19] >> you did not request the

[1:23:19] reduction.

[1:23:20] So you MAY not speak.

[1:23:21] it's only --

[1:23:25] >> I have a -- give him a chance

[1:23:26] to request it.

[1:23:27] I sent you a letter.

[1:23:27] >> you would have to make a

[1:23:28] request to speak.

[1:23:30] And you would have to have filed

[1:23:32] the request and get on the

[1:23:32] agenda.

[1:23:34] >> so you can't here me today?

[1:23:37] >> no, ma'am.

[1:23:37] >> okay.

[1:23:40] >> so let's go onto the last

[1:23:41] case, please.

[1:23:46] >> case 26-000757 alachua county

[1:23:49] versus clay lawrence.

[1:23:51] >> is MR. Lawrence here, clay

[1:23:51] lawrence?

[1:23:53] Is it lawrence clay?

[1:23:53] >> yes, sir.

[1:23:54] >> I think because they always

[1:23:56] put it backwards for me.

[1:23:56] >> mm-hmm.

[1:23:57] >> so please state your name for

[1:23:58] the record.

[1:24:00] >> lawrence clay.

[1:24:01] >> okay, and you heard so it's

[1:24:04] your opportunity to tell me you

[1:24:06] know, what you spent, hardship.

[1:24:07] >> basically I was unaware of

[1:24:09] what was going on because I live

[1:24:10] in orlando.

[1:24:12] And so by the time I found out

[1:24:15] which is I think four weeks go,

[1:24:19] I can't remember exactly, I

[1:24:20] contacted nathasha and she gave

[1:24:22] me instructions on what I needed

[1:24:23] to do 72

[1:24:25] .

[1:24:26] >> so do you rent the property?

[1:24:28] >> I own it.

[1:24:30] So but it is my residence but

[1:24:31] again I've been living in

[1:24:34] orlando for the last year and I

[1:24:36] haven't been there at all.

[1:24:37] >> how did the material

[1:24:38] accumulate and stuff?

[1:24:40] >> well the lawn care guy wasn't

[1:24:41] coming out and then I had some

[1:24:43] vehicles that were there.

[1:24:45] that were there for so long that

[1:24:47] they didn't start.

[1:24:51] So she told me I had to kind of

[1:24:53] like either if they can't get

[1:24:54] started, or moved, I'm sorry, I

[1:24:56] have to remove them.

[1:24:58] So what I did is I had them

[1:25:01] towed, I had a bus, 40 feet I

[1:25:03] had that towed away.

[1:25:05] Then I had the cars towed away

[1:25:05] as well to satisfy what she

[1:25:06] wanted to do.

[1:25:08] I did send the maintenance guy

[1:25:10] out there to clean everything up

[1:25:11] like you're supposed to.

[1:25:12] And then --

[1:25:14] >> you're in compliance now.

[1:25:16] You wouldn't be here if you

[1:25:16] weren't in compliance.

[1:25:17] It's a requirement.

[1:25:18] >> I sent him out and she went

[1:25:20] out and looked and said he

[1:25:20] didn't do this.

[1:25:21] Oh, GOD.

[1:25:23] So I sent him out again to dleen

[1:25:25] clean the yard and he cleaned

[1:25:26] the yard and got everything into

[1:25:28] compliance so we're good to go

[1:25:28] now.

[1:25:29] >> okay so what are you looking

[1:25:31] for in terms of reduction.

[1:25:32] >> looking for 99% reduction

[1:25:33] because I got the place up in

[1:25:34] great standard.

[1:25:36] And I didn't know.

[1:25:37] If I had known I would've

[1:25:38] definitely have made sure that

[1:25:39] everything was done right.

[1:25:41] I was just under assumption

[1:25:44] since I own cars that they don't

[1:25:48] need to be started.

[1:25:49] So because on private property

[1:25:51] but she corrected me and let me

[1:25:52] know that's not the case.

[1:25:52] >> okay.

[1:25:53] The county have a position?

[1:25:56] >> yes, for the record, my name

[1:25:58] is nathasha washington, code

[1:25:58] officer.

[1:25:59] I have discussed this with my

[1:26:02] director and code administration

[1:26:04] department, and we're asking as

[1:26:05] opposed to reduction of fines,

[1:26:10] total fines of 36 -- 6,300 and

[1:26:21] we're asking no less than 25%.

[1:26:21] >> county.

[1:26:24] You're asking for 99%.

[1:26:26] All right, well, I'll take the

[1:26:29] under consideration and make --

[1:26:30] take it under consideration and

[1:26:31] make a decision.

[1:26:33] >> can I say something else?

[1:26:34] >> in general I have had from

[1:26:36] the time I spoke to her, it's

[1:26:39] been about I think 20 to 30 days

[1:26:40] ago, which would normally I

[1:26:42] would be allowed 30 days to fix

[1:26:44] things, I fixed things within

[1:26:46] that 30-day period.

[1:26:48] Of me knowing what was going

[1:26:48] on.

[1:26:49] I did not know it was going on

[1:26:51] so 30-day period to me is

[1:26:53] reasonable to me have done and

[1:26:54] followed up with her and

[1:26:55] followed up with e-mails, phone

[1:26:57] calls, called her boss, so I did

[1:26:59] the things I needed to do to set

[1:27:00] up.

[1:27:02] Because my financial distress

[1:27:06] right now of my real estate

[1:27:07] properties as far as rentals

[1:27:12] have gone down, literally I have

[1:27:13] eight vacancies, right, and my

[1:27:17] rental rates now are like

[1:27:19] probably like 30% less of what

[1:27:21] they were before someone took

[1:27:23] office year and a half ago.

[1:27:25] So financially I'm really

[1:27:25] hurting.

[1:27:26] >> okay, all right.

[1:27:27] Thank you for that.

[1:27:29] I'll take that into

[1:27:31] consideration.

[1:27:31] >> yeah.

[1:27:31] >> all right.

[1:27:34] Any other cases?

[1:27:35] No?

[1:27:36] All right.

[1:27:37] Well that'll conclude this.

[1:27:39] anything else from the county?

[1:27:42] >> only as far as, were you sell

[1:27:43] this property?

[1:27:45] >> it's not for sale.

[1:27:46] >> he has other properties he

[1:27:48] was referring to.

[1:27:50] >>> I'm correct, you had other

[1:27:51] rental properties?

[1:27:51] >> yes, and I do want to say in

[1:27:53] his defense, that he did as far

[1:27:56] as once he did get the notices

[1:27:57] as far as that was posted on the

[1:28:00] property, he did an awesome job

[1:28:01] as far as correcting it.

[1:28:02] >> okay.

[1:28:03] >> thank you.

[1:28:04] >> mm-hmm.

[1:28:04] All right.

[1:28:06] We'll conclude this hearing at

Alachua County Special Magistrate Hearing

Agenda

Transcript