[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