##VIDEO ID:JfH-Ui-leiM## e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e this is a test of the city of Paca audio system I've been watching you on your meeting this is a test of the city of black a audio system e e e e e e e e e e e e e e e e e e e e e e e it's now 1:30 on September 17 2024 we shall begin the proceedings before the special magistrate for code enforcement for the city of patka by way of introduction my name is Ron Brown I am an attorney licensed in the State of Florida have pursuant to State Statute and city code I've been appointed by the city Commission of the city of patka to preside over today's proceedings this is not a formal court of law we're not bound by the formal Rules of Evidence or civil procedures you might find applicable in the local courthouse we are however Bound by the doiion of fair play and due process and we're going to try to make sure that we follow those and make sure that everyone has an ample opportunity to hear and understand the allegations that are made by the city and everyone have a chance to see all the evidence the city has and uh supported those allegations and everyone here will have a chance as a respondent to make any statements you may have an issue any evidence you may have regarding the alleged violations at the concluding of the conclusion of the hearing I'll make a judgment regarding whether I believe a violation has occurred and what if any types of motivation if you will in terms of fines U may be necessary there are no fines uh on First cases that will be issued today we have some cases that are cases where there have already been a notice of violation and the city is seeking some enforcement by lean and we will deal with those as they as they come up up the requirements of law include the requirement that all the evidence be substantial and competent and what that means is that the evidence must be evidence which would allow a reasonable person to reach a reasonable conclusion concerning the matter at hand we okay right the substantial incompetent evidence also by law must be sworn at this time want to ask those persons from the city who will be testifying to stand and take a oath and then I'll ask respondents as your case is called I will ask you also to stand and be sworn let the records show that Mr Green Mr cutright Miss low are all standing have the right arms in the air do you saw me swear or affirm the testimony you should give today should be the truth the whole truth and nothing but the truth yeah let the record show that all three EV answered in the affirmative uh we'll take the cases in the order in which they appear on the agenda we do give preference to cases for which respondents are present it's minor understanding the first casee is the property 804 Olive Street is that correct yes sir all right that appears to be case 20225 uh property located 804 Olive Street owners of record are Johnny King and Alfreda King is that correct yes do we have any of those present to any person present come on up and take the mic for me yeah you gotta speak and you are Alfreda King is that correct yes sir I am right and you're the owner of the property 804 Olive Street I'm an heir you're an heir the heir of whom Johnny Johnny all right and you are his daughter daughter very good thank you were you here before the previous series yes sir I thought that you were um and if you could please take a raise your right hand for me you saw me swear or from the testimony should give today should be the truth the whole truth and nothing all right you've gone through this before and one of my requirements is that I go through what we call due process due diligence make sure we've got um all of that under control you are here which means you got notice of the hearing and notice of the reasons why we're here is that correct all right and the record includes um I made some correction but I wasn't able to make them all yeah and just let me make sure the record has what we have um it looks like the maale was sent to 804 oliv Street patka did you get a certified letter correct did you get a green card back no okay but you did get the certified letter yes I did and you didn't post the property Mr Green you did post the property yes he did okay and you have your Affidavit of posting included in the records corre okay so looks like due process is satisfied and you're here we're always happy to see that and what we're here for today we're already we're passed an O of violation the city's seeking to have an an lean recorded or enforced on the property I think that's correct yes sir all right and so what they're going to do today is basically present some testimony hang on regarding what the condition of the property is today and how much in the way of fines have ured you did have a question go ahead I thought my p a pastor with me can he speak please what's he gonna testify I don't know but I need help is it okay oh it's F you can he serious just so you know all we're doing today is is determining whether the violation continues and what lean come on up Andy yourself James Vickers I'm uh 6012 8012 North 6 Street one I all right raise your right hand for me do you saw me swear from the testimony you give today will be the truth the whole truth and nothing but the truth yes all right you can sit down you're sworn uh let's see what the city has to say and then you'll get a chance to respond and keep in mind I got a very narrow range of jurisdiction here the only thing I can really look at is is whether there was a violation whether that violation still ongoing and whether the counties or excuse me the cities entitled to their leans that's the only thing we're doing today with regard to this so Mr Green we had originally looks like four violations is that correct yes sir one was a section 30-1 169 dealing with deteriorating paint on the property section 30-1 169 dealing with rotten and weakened wood on the property 20 section 30- 2113 no underpinning and you'll explain to us precisely what that violation was I'm sure and then section 30- 1771 broken windows on the property is that correct yes sir all right and we had a original hearing um when was the original hearing onil April 19th of 22 yes it's been over two years where have we been since that time the fence hasn't been removed that's about it okay well how come it's taking that long to come back I always get concerned when fines to be a certain number well those the m these are some of the original cases that we had before we started oning the 3 to four month bringing them back these were on the original cases that we were looking at the 10,000 10,000 threshold before we brought them back before Miss West the new attorney came and now we moving faster with three to three to four month turnaround town I'm bringing them back at the 0 compliance well as you might imagine I get concerned at reviewing Court Mike get concerned at $100 a day this adds up in a hurry and it did to 76,1 $ is that correct yes I don't have any authority to reduce that only the city commission can reduce that um once it gets to be a lean but nonetheless we'll hear what's happened all right um Mr Green did you take some photographs for us yes sir and do these photographs accurately represent the condition of the property on date in which you took them yes sir all right please proceed show me what you got this just a post and it posted 8282 pool all right that was a uh service of okay right that up and what number what this is just the tool the toolbar is kind of in the way there okay this is photo which yes the this picture was taken hang on just make sure you identifi for the record which one it is there you go still got one oh there you go that's the which photo is that this is just a photo of over of the house was Tak there was a on it in the no it's not number on now okay very good we'll go back to that one then yeah this is the first photo in the group yes sir this we take in 2022 all right so what do you want me to glean from this this on overview of the house just a view from allive Street yes sir okay go ahead and this picture is taken um 821 2024 just another overview of the house how the house looks now all right so what are the violations it's coming up next picture okay this is pict this number one yes sir this picture was taken 216 2022 rotten weak wood and paint deteriation so this one deals with 30-1 169 rotten and weakened wood and 30-1 170 paint deterioration yes I don't see that in the listing on the agenda 170 is that still a violation yes sir did you give her notice of that yes sir that's the I might have put it on 169 for um second all right hang on paint deter you have paint deterior I see paint deterioration 169 is that supposed to be 170 all right so which is the paint interior okay hang on a minute just let me double check 170 provides the rear and side walls shall be repaired and painted to present a neat and fresh appearance so that's rear and side walls you're sighting that's side wall right there and okay and this is the side wall to the right side as you look at it from Olive Street and it's basically unpainted is what it is it got mold and milde yes so what was she supposed to do to repair that well pressure was P the fresh even go to paint on okay has there been any progress on that no sir all right next this is one C yes just same picture taken August 21 2024 so is this the same elevation as the previous yes sir and the which is the rotten and weakened wood there um along the panels um this is black and it's chipping peeling all right so we're looking at one I don't know what would that is but it look like a one sheet of wood is that correct to the right left of the window yes sir and that needs to be repaired yes what else is that violation there the see the pain on P so what's that violation is this where the railing was the paint deterioration okay that's paint deterioration anything else there no sir you mentioned rotten wood in the caption yes the rotten ween wood is on the right side of the window right side of the window with the dark ears there yes sir all right has anything done to remedy any of that no all right next is it number two yes and we're looking at and weakened wood and 169 paint deterioration 170 and broken windows 171 yes sir and this picture was taken 2622 and this is from the all Street elevation yes has anything been done since the original hearing no what I'm looking at the unpainted wood needs to be painted a color consistent with the rest of the house and theck wood is which on this front side to the window you're looking underneath the window and above the window that's that's the left side window on the front elevation correct and then the broken window is with a okay all right next this taken from all Street this is 821 2024 and this is which elevation front elevation right side yes right and what are you looking for here um this that's just a second picture of the first like before and now so we got rottenwood underneath the air conditioner in the window on the um right side of the house yes sir what else other than that what what do you want to show me about pation in the broken one all right be sure you you detail what it is because the recorder can't pick out what's in the picture you have to show me all right so you have unpainted wood the rotten wood underneath the air conditioner yes sir pain and what about broken windows you have that listed PL where the where the plastic is yes right has that been changed since the order original order finding violation no sir okay next this is 3C Jo more R wood and S Paint deteriorated and this is um Olive Street on the right side yes sir and the rottenwood is where but the panel right there okay panel right there being and it helps to give an actual description where it is I'm looking at the upper leftand corner of the photo yes sir this is on like a second story yes sir okay the right side of the house and what about deteriorating pain deteriorating pain along the whole wall both walls that we're looking at balls okay this picture was taking 216 2022 the next picture be taken next picture that we see this will be taken August 21st 2024 okay so has there been any change in the last two years no sir this is 3 and also at the bottom there's no underpinning okay you need to explain that for the record this is in reference to ordinance 20- 213 at the bottom no underpinning you hang on it says um the owner of O blighted unsecured abandoned structure should secure and maintain all other interest and openings is that what you're saying yes so basically it's open yes all right so where is it open at the bottom show me the bottom right side right there well that's under the porch yeah open hang on hang on is it against the city code to have underneath the porch open well that's around the whole house I'm sorry that's around the whole house but that and that's not the porch really that's under the house the right side the right front I don't know if we had this discussion before I thought we probably did yes we did so so we're so the city's position is is that if you have a porch and you don't have something that covers the front of the porch that's a violation of the code yes sir and the porches that's not really the pores the front side of the wall under the building okay show me where that is see what yeah right there you see the AR I'm looking well right there you're looking at the lower center part of the photo underneath the porch and I hope you understand you need to be able to tell me because you have to articulate with words exactly what you're talking about it's violation um so that's open to what you can get under the house okay all right so every time somebody has a porch and doesn't have some covering in front of it that's a violation under city code yes all right has that been changed since 1922 2022 no and picture I will show you that right now we're com to number four that's 3C there this is Miss component picture taken 216 2022 all right that one wasn't in the list of violations on this was Miss out I'm sorry okay that's not on the agenda okay I'll take that one all right that's it this one wasn't on the agenda either yes 30 32 A10 yes yeah we're taking it off all right next that's all right so where we are according to the city is that we have deteriorating paint on the front and side elevations basically the pretty much gone we have rotten and weakened wood um underneath some of the windows and we have no underpinning which is basically no covering for the open areas underneath the porches yes sir correct yes sir and then we have two broken windows yes sir all right and all that was in existence when we had the hearing back on April of 19 2022 okay during that period of time did you maintain any contact with the owner as she made any any contact with you yes sir all right she trying to get some grants and try to get it done all right I'm just trying to get a grip on the time delay and then on Mr kurri's indicated there was I'm sure a backlog but and so the the total number amount of finds that have been assessed as of today is what 76,1 and City's requesting that um we give Authority for the City attorney to record a necessary lean on the property yes sir right anything else nothing all right Miss King hi come on now here's where we are the violations were determined it's been a couple years ago and I said I'm not one going to recommend any anything to deal with the the amount of fines that's something the city commission can deal with at this point but the qu the only thing they here the city's here for today have a lean imposed on the property so let me ask you this has been going on now for two years and usually my experience has been and I think we discussed this when this case came up the first time the city used it as bring these things unless there's been some time involved in trying to get it addressed and I'm sure there are lots of reasons why it didn't get address before it even got to the city got to me the first time but it got to me the first time and that was two years ago we're here today and these lines have accured and the testimony of the city is there really hasn't been any Improvement to the property in that two-year span so my question to you is what is the situation from your viewpoint I've actually been trying to get help okay you need to speak in the mic for me because we recording it it's actually being broadcast I've actually been trying to get help from different programs and Pastor Victor is gonna explain that to you all right well let me ask you have you been staying in touch with Mr Green about this no well come on you got you got to stay in front of the mic for me no sir believe it or not you're you're on TV and they're recording that's fine hi everyone yeah I know I know the the thing that happens on these situations you understand people complain about this I know and I mean they're here there but they do and they're not wrong I mean I understand and so but they need to try to help instead to complain well one things I always look at is what effort's been made to try to comply and communicate what's what's the situation it it doesn't look like a lot if anything's been done so what gives what's the promise for the future in getting something done can I explain I think this is uh could better make an assessment she she is Airs of the property and I spoke with her I've been going between her and her brother trying to get him to go they just they was down at G Tower in order for her to get this ship program they was going to help her to fix that place who's day uh ship the uh and there's a letter here from ship and actually one of the requirements was that she had to have a the power the deed had to be in her name c it's in heirs so that's the hindrance for her getting some help I went and spoke with her brother uh that the other Heir and they was down at G towel here the other week so and what what I was trying to do is help them get get that so she can actually start getting some help she between jobs I went and did a few things for her as much as I could because I had other other properties I was uh working on but she she she's been having this battle with uh you know with the city on this and we his office is there and with a family members trying to get it the property in a position where she can get some help uh she she really don't don't have the money she right now the uh some of the members there at First Baptist Church has spoken with her and they they want to help her uh get some of this stuff done but she's been fighting this battle and I understand the things that been going on cuz she she asked me to to do some things for in the winter time I want to put the plasket up there to keep walk uh wi from coming in in my spare time but uh that's been her case fighting trying to get ownership of the property or get in a position where she can get some help that they uh say that they would give her on that so that that's an issue right now I I to me I I really don't I I hear what they say about you know they not trying to take people's property $77,000 of fines and stuff to me I and I know we have to go before the city Commission on that it it just it don't make sense to me when somebody uh indigenous and and and poor can't afford a five gallons of paint run your $200 uh and if they can't do that then how they going to pay $50 or $200 a day I don't to me I just don't understand the logic behind that uh but it is what it is and I think you know I guess he'll have to go to for the commission for that but what I'm just saying that it ain't that she hadn't been trying to do anything and and uh there's a paper trail for her trying to get some assistance and it just hard it's hard for me to even get some help when I want on some of my property some handyman and stuff of that nature but what I'm asking I think she just needs some she's getting close now and need some some time and I think the people at First Baptist is willing to step up and and once they Identify some things to help her get that done but she's been trying to get the property in her name or in a place where she can get some assistance from the ship program appreciate that just for what it's worth to you you're not the first owner ha who's come before special magistrates in the state to have to deal with us I do I represent four jurisdictions on special magistrate cases and I will tell you every one of them has had situations where we've had a probate situation um a probated unprobated property can be very very difficult and can be relatively expensive to take care well and again my I don't get a chance to rule on that my jurisdiction by state law is very very narrow the only thing I can do is determine whether there's a violation of the code and then to impose you know a reasonable fine as a motivation more than anything else to get something done just for what it's worth to you it looks like they were finding $25 per day per violation they can find up to $250 a day per violation it could have been $ thousand dollar a day they're not in the business like I said of really trying to collect a lot of money they're trying to get something done okay on the property what they're asking for today is it simply allow the attorney to record a lean on the property um which at some point could be foreclosed they'll probably come back and ask for you know in order to allow the Foreclosure so that's not going to happen right away but still you got the issue with you know the F what do you mean when you say foreclose well if there is a lean on the property they take the house oh yeah that's a Judicial sale even with the homestead exemp uh well I don't think it's Homestead right now yes it is why should it be I have the paperwork well the person who owned it is passed away but they still gave me homesteaded you are correct can I show you my paperwork oh no that's fine I'm not arguing with you and it doesn't change and I'm not arguing with you I'm simply telling you that if it is in fact homesteaded it is but you that you'll have to look at the probate situation to see what that is but nonetheless if it's a constitutionally homestead you are correct they cannot foreclose the L but they can compose the lean and record it okay and it's going to stay there and it will continue to stay there until it's resolved understand okay so it's a it's a motivation it's got to be dealt with um you you are correct if it's homesteaded it can't be proposed but at the same time any change in title and so forth is going to require that the lean be addressed before the tile can transen so anyway that's where it is right now and I I I could could give you some help I don't have any authority to help you with any of that I can't do probate for you no problem all right and um you need to stay in touch with the the code enforcement people and some improvements because um it's it's an issue you're going to have to resolve at some point or another and trust me you're not alone um with having to deal with these types of things you can imagine there's a lot of pressure on the commission and the staff to help keep the city up graded and there's a lot of issues that they I get several cases every month that do okay anything else all right based on the evidence and testimony um I'm find that the city is entitled to assess a lean of the property uh at 804 Olive Street considering the fact that the four violations that are listed on the agenda continue and have gone undated uh at least since the U original hearing date of uh April 19th 2022 um for the record that respond IND case that the property is Homestead Property and I'll have to sort that out after you any probate that's that's done you in that regard yes sir Mr Brian I just want to add to the record that we have actually put Miss Williams house on the Assisted Living uh on affordable housing assistant program try to help her get some money but one of the setbacks is the eror situation to she get that worked out so once she get that approved she can apply for that up to $40,000 to help her offset some expenses too thank you all right uh so we enter order allowing the city to assess the lean on the property keep in mind these fines continue to acre that's the only negative to this thing I know all right all right thank you very much appreciate you coming today thank 705 okay [Music] thank okay thank you have a good day all right next case is 20228 property located at 705 Olive Street patka yes sir this is a case for um assessing a Leen is that correct yes sir owner of the property wner Stander and Eric L MCC are either wner or either wner Stander or Eric L MCC present today or anyone representing either of them was on the tax D and um standard was on proper apprais so I sent a letter to both of so the tax okay what's the tax collector's role say it says M okay and the property appraiser says it's standard yes sir did you ask them why the difference no I just sent a letter I've been that send a letter both well who's Kimberly P Walther she's also listed this was back in April yes sir so I I relooked at property pra on the tax collector and their name came up standard winner and her name wasn't known anymore all right did did did was there a transaction the official records can give you a transaction if there's been any kind of deed or so forth yes sir um it said M but I still it said M brought it but I still sent a letter to both of them to cover my pces Just For What It's Worth you can look on the property praisers or the official records in the courthouse and they will tell you if there's been like a quick claim deed or something that's transferred names yes sir is any of that happened yes sir it has M all right very good that's why make sure we're on the same page so the current owners of record are warner Stander and Eric L MCC yes sir and is the address the same no sir okay what's the what's the mailing address on the official records of the property phaser and the tax collector for um Mr MC is 705 ol Street and for Mr Cole I mean for Mr Stan is um nework California so the act so is it Mr standard owns it or does the call Standard LLC own it that's the whole group I guess that's is LLC so and the address is 39899 Valentine Drive sweet 200 Newark California 94560 yes sir all right did you send certified letters to both addresses and both names yes sir all right and did you get back any response regarding those notifications mean came back unsigned of course no one Liv at 705 okay let me look at the m one and the record I got nothing from standard okay did you get a a notice from the post office about certified letter yes it should be U on your on your left side of your folder okay and it should be right up to his letter okay it looks like that one said No Such number 705 all street is not a number but that's the official address on the tax collector's Rec for Eric mcin okay had any contact with Mr mckc no sir all right and you did you post the property accordance with state law yes sir and did you file your notice of her affidavit service yes sir in the record and that is in the record yes so as to wner stander I got no response from them okay the green card came back unsigned yes sir you've never had an opportunity to talk with him or anyone representing him or this Corporation no sir okay and that that respondent wner standard and the cold standard LLC both became respondents subsequent to the April 19th 2022 hearing yes sir and you never received any notice regarding any change of ownership or there's a requirement I believe in 162 that you need to do that if you're sell an interest in the property all right that didn't happen all right and you did send the certified letters and weren't successful in making contact with them that's included in the record and you posted that the second property yes okay when you posted the second property is you post it in the name of I put both names on it on it on this one posting yes sir and your affidavit service is affidavit concerning both postings with both sets of names on yes right and both sets I mean Stander and MC and the corporation yes right right it looks like um the viol the original violations were violation of section 30-1 169 deteriorating paint section 30-32 A10 Roofing and disrepair and 30-20 21 213 no under pending is that correct orig should be I made that mistake it should be unsecured entry I'm sorry unsecured entry that I on which one on the third one 2013 yes instead of no under injury the one we just had the last okay 20 30 2013 a mortgage or owner of a blighted unsecure or abandoned structure shall secure and maintain all entrances and all other openings of the structure including not limited to Windows or doorways a blight or unsecured abandon structure should be cured by as follows all entrances windows and other openings should be secured with approved materials provided such materials to completely seal the entrances windows and other openings thereby protect the interior from wind R other naturally incurving elements entres and windows above ground floor should be guarded secure if the entres are locked and not otherwise open to entry okay so those are the violations correct yes sir and that's what you call no underpinning also yes that's good all right do you have some demonstrative evidence yes sir and did you take the photos you're about to show us yes sir and do the photos accurately represent the condition of the property and date in which you took them yes sir all right what do you have first this is the posting for August 2 first photo is the showing the posting not here posting right and you include in the record all the documents that included in the posting and notice of violation yes sir and notice of hearing yes sir right all right this is picture one um this picture was taken from North 7th Street and this was taken August 18th 2022 and then showing the roof and and disrepair um the top the top of the roof the front of the roof he sees um vegetation and some missing towels okay this is picture one C taken from North 7th Street this picture was taken August 8th I mean August 2021 2024 and the vegetation has got worse it's the top of the roof the top front end of the roof where more vegetation is growing right so there's been no improvement in factors the worsening of condition yes sir is that roof like open the front part of it the one that's um hanging over the ground is yes sir right and since um April of 19 of 2022 rather there's been no contact with any of the owners no sir right and no effort to try to repair no sir right next this is just another picture of the roofing that's in dis repair that's a closer picture still taken from um North 7th Street this picture was taken 218 2022 picture number two okay next this picture was taken 821 2024 pcture 2C and it's from North 7 Street and it's showing a picture that still hasn't been nothing been done to it go to the next picture yeah this is picture Four showing um 218 2022 the paint deterioration and this picture was taken from Olive Street and the violation there is pain deterioration and this picture so no well they've got go back to them they've got plywood over the windows and the windows yes sir so does that cure anything or is it's no one live there so they can have board so what want do all right what is there what other this is about this looks like it says paint deterioration yes that what I said and so that was the conditions of property in in 218 2022 okay go back to this last Chris the next one no back go backwards yeah there you go and that's this picture was taking 8 2124 B 4C so has there been any Improvement or work done on the property 2022 no sir and also um thir 3213 no underpinning they have no under pending on the house okay back to five and this picture was taken 218 2022 showing paint the deviation this picture is taken from Olive Street and it's the Gable of the house right and this is 5c this picture was taken 8 21224 um from Olive Street and it's showing a recent picture of the Gable with painted teration from on the house and there been any Improvement of the property since 2022 no sir and this has to do with again the deteriorating paint multi colors and paint missing yes sir right next yes that's it so basically what you're telling me is that as to the violations of 30-1 169 3032 A10 and 3213 has been no improvement or work on the property that you can observe uh since the hearing date on 41922 no all right the fines have been assessed at the rate of $25 per day per violation is that correct yes sir and that's been uh since May of 2022 yes sir and the total fines as of today total one 59 325 and I'll ask this question again where's this one been for two years been in the same cubicle stat we're just trying to rotate them out so they get them out the way and get them caught up and then so we be on our normal 90 to to 120 day turnaround time all right you know and just for the record I'm not going to argue with you that these are the fines that have accured and that under the law you may be entitled to them the question you ask yourself is if it's a problem is a city's administrative issue is that something that the ownersh affected um that's why we have the uh lean reduction application in place to help offset some of these major outstanding fines that we caught when we was dealing with the ad adg cases back in 2017 uh we're trying to get that caught up to where we have a 120 day turnaround time keep everything in the small number thank you all right um last call for Warner Stander Eric MCC or anyone representing the pH a the cold standard LLC seeing and hearing a one and finding that due process requirements have been satisfied and finding that the um by substantial and clear and substantial evidence that the three violations have continued unabated uh since April of 2022 um we find that it's appropriate to enter order allowing the city to assess the lean on the property at uh 8 705 Olive Street uh total fines as of today's date total $ 59,42520 property located at 814 car street yes sir and owner of the record is James B Kelly is this a new case yes sir all right is James B Kelly present or anyone representing James B Kelly seeing and hearing the one I'm going do some due process um diligence due diligence if you will it appears that the certified letter addressed to James B Kelly III and that's the actual [Music] name of the owner is that correct yes the third at 1141 Fang fangorn or fangorn Road in Orlando Florida 32825 looks like the green card came back un signed correct yes sir all right you have any contact with Mr Kelly I talk to Mr Kelly when you first got the um volunteer compliance letter and he said he was having trouble get the pressure wash but that was like two months ago all right the and you did you post the property yes I did and post in accordance with State Statute yes I did and did you file your Affidavit of service and posting in the record yes I all right looks like the city is alleging two violations one of section 30-1 169 rotten and weakened wood mold and mildew and section 30-32 a11 f and disrepair yes um 3169 provides rotten or weakened portions of um structural and decorative elements visible from a public rideway uh shall be removed repaired and replaced in a manner compatible with the rest of the structure or to match the original materials and construction techniques and then the violation of 30- 32A prohibited conditions favor to replace remove broken fencing scre reading or decorative elements of developed parcel and then an additional violation regarding 3169 included in 169 appears to be mildew should be cleaned from buildings having Street visibility it's the underlying act included loose wires are we just talking about mildew here yes sir okay so this is about milde so basically we're looking at mildew and rotten and weakened wood on structural elements or decorative elements and fair to replace remove broken fence screening or Decor that's about fencing more than anything correct so basically it's fencing mildew and rottenwood yes all right you have some photos for me yes sir this is did you take these photos personally yes sir and do the photos accurately represent the condition of the property on Dat in which you took them yes sir all right please proceed this is a picture of this the overall house um this is from car street I'm stand on car street and just for the record what are we looking at what you what do you looking at a violation then s the violations so orally tell me what the violation is and what needs to be done yes sir this picture 18 is taking 11223 it's showing the molding mil and a rotten we wood okay where's the molding mil got mold on the front wall and along the um the handles of the steps yes sir and the rotten weak wood is at the tip of the handles so rotten weing wood is right there on the deck or the steps or both both okay at the it's the basically the deck and the top steps steps that's mold than me do it's like the Riser under the uh porch decking correct yes is the porch decking rotten no s good but it's the Riser under the decking no s the steps are that's the molding me do all right I'm make sure we're talking about you got the flat part of the step then you got the part that rises up talking about the handles I'm sorry you talking about the handles okay right there where you have your cursor yes all right there's there's the flat part of the step where you put your foot and then there's the Riser that goes up from the flat part up to the deck yes sir that's rotten we can yes that's rotten is the step itself rotten or just that Riser part just that Riser part okay what about the deck itself it's good it's good all right so we're just looking that's Riser on this step on the top step okay very good and then the the m imity mold is mostly to the right of the door but there's some to the upper left is that correct yes that's the kind of description I'm looking for yes sir all right what's next it's another picture picture is one B taking 911 2024 they clean the mold and M the steps and you still still see the rotten and weaken wood on the handles and the Riser is still rotten and weaken wood and you still have the mold me to the right of the front door all right so right of the front door same Riser on the steps and it looks like there's it what's off to the left of the railing on the left is that deck is that a deck issue there no sir all right right there is that an issue yes sir that's rotten or what tell me yes get her to the left of the step okay so we're still looking at mold and mil between the door and the window and the RIS are off the top step yes sir and there's little bit to the left of the railing yes on the deck all right next this is a closer picture of the rot we wood on the handles and the molding we do on the um handles going up the steps um it's the left one is the end of that bister okay no it's R okay so that's rten all time yes sir okay what's next so this um another picture to be taking 911 2024 showing both of them and the riser closer you can see the rotten and ween wood okay um this is 38 I will standing on South 9th Street you see the molding mde on the west wall of the building okay wa on a minute okay and this visible from South Street South KN Street okay very good this picture was taking 911 22 43b and still have the mold and Meo on the west wall and I'm standing on South Ninth Street so you're looking at Milo on both sides of this corner yes and the right side is the the side visible from car street yes and this a corner lot yeah yes sir Corner car in U South N so you can see the front and the sides from N Street both car and Ninth Street okay next this is the fencing and disrepair and the molded me do at the rear of the house all right and this will take 1122 and 24 so all needs to be done there is to fix that one section of fence yes and just make it match the rest of the fence yes okay next this is for B fence still disappear and it's still mold than me do it just rained that day and you could barely see it somehow the house looks better there is it just it just got through raining okay think I can see it okay this is by east side of the wall of the house and this picture was taking 11:20 23 58 from what street can you see this street where were you when you took the photo car street okay and this picture is 5 taking 9114 and the m still there and I'm standing on car street and this is the east south so I'm looking at the same elevation as the previous photo yes sir I see the mold on the right side elevation anything else besides that in this photo no okay that's it so what we're looking at is basically Roden weakened Riser on the top step of the front of the house on the steps going into the front of the house there's a little bit of rotten wood to the left of the banister on the front deck correct yes sir then we have mold and mdeo on all three sides of the house that are visible from public streets yes and then there's the fencing there's one section of fencing that's been damaged and needs to be brought up to repair to match the rest of the fencing on the property yes sir it's chain link fencing yes sir right how much time do you want to give them um 60 days okay and fine to $25 per day per violation that correct yes sir yes sir all right last call for James B Kelly III or anyone representing James B Kelly hearing and seeing no one and finding that there is uh adequate due process and that city has followed all the requirements to provide notice of both the violation and today's hearing U by posting on the property with an Affidavit of service included in the record and finding that there is a violation of section 30-1 169 uh of the city code due to rotten and weakened wood specifically the Riser on the front steps top Riser on the front steps of the property as well as some rotten wood on the edge of the deck on the left of the banister and it looks like also there the the wood on the left side railing of the steps is rotten at the bottom bottom side of that and also finding that there is a mold and mildew on the house visible from on three sides of the house the front and right and left elevations visible from public streets and finding that there's a violation of section 30-32 a11 to the fencing and disrepair with one section of chain link fencing need to be repaired or placed to make a consistent interference and material with the other fencing on the property we enter an order finding the violations and requiring that the uh owner bring the property into compliance within 60 days from today's date that would be December 1st 2024 in the event of non-compliance um a fine of $25 per day per violation shall commence on December 2nd 2024 and that is it's like December 1st is a Sunday yes sir you can't you got to end it can't end on a Sunday you m second get so you'll be it compliance will be on December 2nd 2024 with non-compliance beginning on December 3rd 2024 okay yes sir all right all right there being no further business before the special magistrate we shall uh adjourn today's proceedings at 2:25 thank you very much e back on all right we're back on the record at 226 with to the cas James 3074 Street the 60 days for compliance on today's dat would be December 162 16v 162 so you can have and Monday the 11th is a holiday so the first day you can have compliance with non compli beginning November 1th holiday all right right with that again there being no business we to's proceeding e