Built from draft minutes printed in an agenda packet — no AI-written textBriefing final
The City's record
What the City's record shows
Draft minutes printed in the City's agenda packet of 2025-10-16, pp. 9–11; approved by the Code Enforcement Board according to the draft minutes of 2025-10-16 (that draft's own approval is not found in the records on file); the motion does not say whether they were amended. The City has not posted the approved minutes.The approving motion, “to approve to the minutes of September 18, 2025”, is in the draft minutes printed for approval in the 2025-11-20 agenda packet (2057_11_20_2025_Code_Board_Agenda_Packet.pdf, packet pp. 10–12).
Built only from this meeting's draft minutes (2032_10_16_2025_Code_Board_Agenda_Packet.pdf, packet pp. 9–11). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Lloyd Roberts, Josue Otero, Sharri Scott, Dik Muller, George Brown
(Checked against the ballots and the printed roll lines; no independent membership list of this board is available to confirm that the roll is complete.)
Listed absent: Gloria Weatherspoon, Jody Hatcher, Thomas Zimmerman
Also listed as present (staff and other roles): Micheal Mack (Code Enforcement Officer), Jason Brimm (Code Enforcement Officer), Kristen Eick (Board Attorney), Darla Crowl (Recording Secretary), Thomas Wilkinson (Code Enforcement Manager), Charlene Neuterman (Community Services Director)
Adopted actions (4)
to approve to the agenda of September 18, 2025 (moved by Muller, seconded by Otero); CARRIED — the draft minutes, packet pp. 9–11
to approve to the minutes of August 21, 2025 (moved by Otero, seconded by Muller); CARRIED — the draft minutes, packet pp. 9–11
to amend Staff’s recommendations and find the Property Owner in violation and be given until March 18, 2026 (6 months) and a fine of fifty dollars ($50.00) per day (moved by Otero, seconded by Brown); CARRIED — the draft minutes, packet pp. 9–11
to amend Staff’s recommendation and find the Owner in Compliance and no fine (moved by Otero, seconded by Brown); CARRIED — the draft minutes, packet pp. 9–11
Money named in the minutes' motions (what each motion did with the amount, in its own words)
$50.00 — Code Enforcement: in draft minutes not approved as written (not counted as adopted): decided in an adopted motion. “amend Staff’s recommendations and find the Property Owner in violation and be given until March 18, 2026 (6 months) and a fine of fifty dollars ($50.00) per day” (motion result: CARRIED; the draft minutes printed for approval in the 2025-10-16 agenda packet (2032_10_16_2025_Co; fiscal period not recorded) (draft minutes printed in the City's agenda packet of 2025-10-16, pp. 9–11; approved by the Code Enforcement Board according to the draft minutes of 2025-10-16 (that draft's own approval is not found in the records on file); the motion does not say whether they were amended)
Draft minutes, as printed in a later agenda packet
Draft minutes printed in the City's agenda packet of 2025-10-16, pp. 9–11; approved by the Code Enforcement Board according to the draft minutes of 2025-10-16 (that draft's own approval is not found in the records on file); the motion does not say whether they were amended. The City has not posted the approved minutes.
Meeting Minutes
September 18, 2025
A meeting of the Code Enforcement Board of the City of Cocoa was held on Thursday, September 18,
2025, in the Council Chambers at 65 Stone Street, Cocoa, as publicly noticed.
OPENING MATTERS:
Chairman Roberts called the meeting to order at 6:03 P.M. The Board Secretary called the roll.
MEMBERS PRESENT:
Lloyd Roberts Chairman
Josue Otero Vice Chairman
Sharri Scott Board Member
Dik Muller Board Member
George Brown Jr. Board Member
MEMBERS ABSENT:
Gloria Weatherspoon Board Member
Jody Hatcher 1rst Alternate - excused
Thomas Zimmerman 2nd Alternate
OTHERS PRESENT:
Micheal Mack Code Enforcement Officer
Jason Brimm Code Enforcement Officer
Kristen Eick Board Attorney
Darla Crowl Recording Secretary
Thomas Wilkinson Code Enforcement Manager
Charlene Neuterman Community Services Director
The Board Secretary swore in all Staff members giving testimony.
APPROVAL OF AGENDA AND MINUTES:
1. Approval of Agenda: September 18, 2025
Chairman Roberts noted changes to the agenda (Items complied, tabled and withdrawn)
Motion by Mr. Muller, seconded by Vice Chair Otero, to approve to the agenda of September 18, 2025.
Vote on the motion carried unanimously.
2. Approval of Meeting Minutes: August 21, 2025.
Motion by Vice Chair Otero, seconded by Mr. Muller, to approve to the minutes of August 21, 2025. Vote
on the motion carried unanimously.
3. Submit to the record of all documents & notices for all cases on the Agenda.
CASES:
1. CE-25-374 – 1512 Cambridge Dr.
Code Enforcement Board
Agenda
September 18, 2025
Page 2
Code Enforcement Officer Jason Brimm provided an overview of the Case history and presented exhibits
for the Board’s review. Code Enforcement Officer Brimm testified that the Property Owner was in violation
of City Code Appendix A - Zoning. Article XV - Administration and Enforcement; Building Permits
and Certificates of Occupancy. Sec 2 – Building Permits and Applications of the City Code.
Code Enforcement Officer Brimm requested that the Board find the Property Owner in violation and be
given until September 15, 2025 (30 days) to come into compliance or impose a fine of up to two hundred
and fifty dollars ($250.00) City Code Appendix A - Zoning. Article XV - Administration and
Enforcement; Building Permits and Certificates of Occupancy. Sec 2 – Building Permits and
Applications per day until found in compliance.
Property representative was sworn in: Wendy Newsome, 1512 Cambridge Dr.
Officer Brimm recommended to the board they give the property owner representative 6 months (March
18, 2026) because they were going through probate. Chairman Roberts questioned the fence if new or
replaced. Officer Brimm stated he thought it was new. Ms. Newsome explained why she put the fence
up without a permit. Chairman Roberts asked Ms. Newsome if she understood what was needed to
come into compliance. Ms. Scott asked Ms. Newsome if she had hired a licensed contractor to install the
fence. She explained that the property owner before she passed away had contracted all the work.
Attorney Eick asked Ms. Newsome if she was the personal representative of the estate and replied yes.
If Ms. Newsome is the personal representative, then she would have the authority to take care of the
property and pull permits. More discussion amongst the Board members and staff.
Motion by Vice Chair Otero, seconded by Mr. Brown, to amend Staff’s recommendations and find the
Property Owner in violation and be given until March 18, 2026 (6 months) and a fine of fifty dollars
($50.00) per day. Vote on the motion carried unanimously.
2. CE-25-269 – 2816 Slippery Rock Dr
Complied.
3. CE-24-442 – 5555 Highway 524
Tabled
4. CE-24-878 – 401 Churchill Dr.
Complied.
NON-COMPLIANCE:
1. CE-25-91 – 503 Delannoy Ave.
Code Enforcement Officer Jason Brimm provided an overview of the Case history and presented exhibits
for the Board’s review. Officer Brimm testified that the Property Owner is in violation of Appendix A
Zoning, Article XI Schedule of District Regulations, Sec. 13 District and Intent - CBD, Central
Business District (D) (2) Prohibited Uses and Structures and Appendix A Zoning, Article XV
Administration and Enforcement, Sec. 2 Building Permits and Applications (A) of the City of Cocoa
Code. Officer Brimm stated a Notice of Hearing was sent on September 5, 2025, sent certified and posted
on the property and property owner remains in violation.
Property owner was sworn in: Dr. Ricardo Henriques, 1285 Tuckaway Dr. Rockledge
Code Enforcement Board
Agenda
September 18, 2025
Page 3
Attorney Eick asked about the RV, was it corrected in a timely manner. Officer Brimm stated yes which
would be no fine for that violation. Chairman Roberts explained to Dr. Henriques that this was a
noncompliance hearing, and he was either in compliance or not. Dr. Henriques spoke about the
violations on the property and thought he was able to have the RV since it was his property. He explained
that the RV and the electrical have been removed from the property. He also did not understand that the
post required a permit. Dr. Henriques said he had already pulled permits for where the car cover was.
Manager Wilkinson confirmed that there were only three permits pulled which were two fence and one for
an hvac system. There are no permits for a carport, post, electrical or that structure in the system.
Attorney Eick questioned Officer Brimm about violation of the building permit which was for the electrical
panel, circuitry and light. She questioned the violation and did it pertain to the post. Officer Brimm
explained the violation was for the unpermitted work. Attorney Eick stated that the posts were not
covered by the violation and that the property owner should be found in compliance. Manager Wilkinson
disagreed with Attorney Eick and stated that Article XV commercial district and building permits should
cover all. More discussion amongst the Board members, staff and Attorney Eick.
Motion by Vice Chair Otero seconded by Mr. Brown, to amend Staff’s recommendation and find the
Owner in Compliance and no fine. Vote on the motion carried unanimously.
LIEN REDUCTIONS
None
NEW BUSINESS:
None
OTHER BUSINESS:
None
ABATEMENT APPEALS:
None
Manager Announcements:
None
NEXT MEETING:
The next regular meeting of the Code Enforcement Board will be held on October 16, 2025.
ADJOURNMENT:
There being no further business the meeting adjourned at 6:52 PM.
Approved on this ______ day of ___________________, 2025.
______________________________
Lloyd Roberts, Chairman
______________________________
Darla Crowl, Recording Secretary
Agenda (the City's wording)
Time links are automatic matches to the machine transcript and may be off.
An item without a time link may still have been discussed; the link is only added when the automatic match is strong.
I. Opening Matters
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Roll Call
II. Approval of Agenda and Minutes
1. Agenda: Regular Meeting of September 18, 2025.
2. Minutes: Regular Meeting of August 21, 2025.
3. Submittal of Document Packet
III. Cases
1. CE25-374 / 1512 Cambridge Dr., Cocoa, FL / Betty Adams property owner of 1512 Cambridge Dr., Cocoa, FL, in violation of the following City Code. Appendix A Zoning, Article XV Administration and Enforcement, Building Permits and Certificates of Occupancy, Sec. 2 – Building Permits and Applications. — 00:04:52
2. CE25-269 / 2816 Slippery Rock Dr., Cocoa, FL / Canter, Karen Ashe Trustee property owner of 2816 Slippery Rock Dr., Cocoa, FL, in violation of the following City Codes. Chapter 6 Buildings, Construction, and Property Regulations, Art. III Property Maintenance Standards, Sec. 6-902 Discarding junk, inoperable or abandoned motor vehicles. (b) (1) Chapter 6 Buildings, Construction, and Property Regulations, Art. III Property Maintenance Standards, Sec. 6-901 Accumulation.
3. CE 24-442 / 5555 Highway 524 Cocoa FL 32926/ AAO Stores LLC. property owner of 5555 Highway 524, in violation of the following City Codes. Appendix A Zoning, App. A Art. XIII Sec. 1 (B) Site Plan Approval Required, Except for single family homes or a single duplex unit, any development, change of use, any use approved as a special exception, mobile home parks, and mobile home cooperatives shall require a site plan approval prior to the issuance of any building permit. Chapter 6, Buildings, Construction, and Property Regulations, Article III Property Maintenance Standards, Division III, Nuisances Section 6-902 (b) Storing, parking or leaving abandoned property/inoperable motor vehicles on …
4. CE24-878 / 401 Churchill Dr., Cocoa, FL/ Robinson Amy Kelly Avant, property owner of 401 Churchill Dr., in violation of the following City Codes. Chapter 6, Buildings, Construction, and Property Regulations, Article Ill Property Maintenance Standards, Division III Nuisances, Section 6-900 (b) (4) A-C Maintenance of any structure or grounds. Chapter 6, Buildings, Construction, and Property Regulations, Art. Ill Property Maintenance Standards, Division III Nuisances, Sec. 6-902 (b) Storing, parking or leaving abandoned property/inoperable motor vehicles on private property prohibited.
IV. Non-Compliance
1. CE-25-91 / 503 Delannoy Ave. Cocoa FL / 503 Delannoy Holdings LLC. The Code Enforcement Board held a public hearing on August 21, 2025, at which time the Board found the owner, 503 Delannoy Holdings LLC, in violation of city code(s). The Code Enforcement Board provided the owner sufficient time of September 17, 2025, to correct the following violation(s). City Code Appendix A - Zoning, Article XI - Schedule of District Regulations, Sec. 13, District and Intent - CBD, Central Business District (D) (2) Prohibited Uses and Structures. Appendix A - Zoning, Article XV - District and intent 4C-W, Wholesale, Commercial District, Sec. 2 - Building Permits and Applications (A)
V. Lien Reductions
VI. New Business
VII. Other Business
VIII. Abatement Appeals
IX. Manager Announcements
X. Next Meeting Date: The next regular meeting of the Code Enforcement Board will be held on October 16, 2025 .
XI. Adjournment
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. “▶ Play” opens the recording at that moment, as the City's file, in a new tab.
137 suspect passage(s) marked in place.
How this transcript was made. New machine transcription of the whole recording, with 10 voices separated from the audio.
16 short machine repair(s) (19 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs, whether a voice was detected where the words are and a language review for likely mishearings.
A second, independent machine reading was compared with it word by word: the same words for 88.2% of 6,281 content words.
Dotted words (154 places) are ordinary wording differences: hover or tap to see the other reading.
137 passages (24% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
Flag: numbers, amounts, negation or names differ between the machine readings · 00:00:02–00:00:12 · unresolved: the words are not shown (unclear audio); listen to the recording
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stand, ‸ please. Lord, thank you for continuing to allow us to gratify the city of Cocoa. Just continue to gather some blessings for the city of Cocoa's image. In Jesus' name we pray. Amen. Amen. I pledge allegiance. I pledge allegiance to the flag of the United States of
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All in favor, say aye. Aye. Aye. Those opposed? Motion passed unanimously. All right. So, for the meeting from August 21st, do we have any amendments? Any changes? With that, I'll take a motion to approve.
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And let's make sure we speak into the mic. Even though we sit back, make sure we speak into the mic so she's not having to put on two sets of earbuds to hear when she's trying to do her recordings. All right. Well, that case number one, CE 25-374.
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It was reported to us that the fence had been installed without a permit. Another aerial shot from two different times. On the bottom right, you'll see is 1-10-2024. ‸ On the upper left, it's from 1-12-2025. This is from the property appraiser. This was also added. It's the same violation. It's for unpermitted work. The roof was done and there was no permit pulled for it. And they happened to take the picture at the exact time when it was being installed.
Flag: words were replaced by a machine repair · 00:07:02–00:07:03 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
be the tax rolls. Everything is paid up-to-date. Right is the notice violation that was sent. My vision ain't the best. ‸ Looks like 28 July. On the left is the affidavit of posting when it was originally posted for the notice violation. The middle is the green ‸ card receipt from it was actually returned. It was not picked up by the property owner. That signature is, I believe, someone from the police department who signed. And on the far right is the notice of hearing for this evening's hearing. On the left is the notice of hearing
Flag: words were replaced by a machine repair · 00:07:45–00:07:46 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
was posted at the property September 5th about 2pm. The middle is the affidavit of posting where I posted at City Hall and it was also mailed as well. On the right is the green card receipt for the notice of hearing that was mailed out. Case summary. July 30th is when the initial complaint came in and
was under the impression was the property owner at the time. He mentioned that the property was going through probate. At that time there was no documentation that he had. Fast forward to August 28th I ended up assuming responsibility of the case.
I took updated photos, attempted to knock at the residence for several minutes, left my business card inside the door. 29th I sent an amended notice out. ‸ The fifth, as you saw on the ‸ picture, I posted a notice hearing of the property mailed and also posted to the hall. The 18th today,
went by the property, left a business card with a friend of the tentative owner who said he knew her, said he would give her the card because I asked him to please have her give me a call. It was determined at that point I went through
Flag: numbers, amounts, negation or names differ between the machine readings · 00:09:19–00:09:20 · unresolved: the words are not shown (unclear audio); listen to the recording
that shows that the probate is actively going. The recommendation that we have, that I have, is that the code board provide the tentative property owner six months to come into compliance. This is due to ongoing active probate pertaining to the property.
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Flag: words only one machine reading has (possibly not said); the recognizer flagged its own output; a language review questioned the wording · 00:12:23–00:12:30 · unresolved: the words are not shown (unclear audio); listen to the recording
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anything, but the person left the card in. So then when I got his card the day, I called immediately and then I was going to show up today because that was in
Flag: numbers, amounts, negation or names differ between the machine readings · 00:12:43–00:12:44 · unresolved: the words are not shown (unclear audio); listen to the recording
So do you ‸ understand what they're ‸ suggesting, ‸ what they're asking to have this? Well, you need to ensure that you get with them to know exactly the steps you need to take because it looks like you need to get a permit and
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Flag: numbers, amounts, negation or names differ between the machine readings · 00:13:43–00:13:44 · unresolved: the words are not shown (unclear audio); listen to the recording
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:14:43–00:14:47 · unresolved: the words are not shown (unclear audio); listen to the recording
Okay. I mean, for the board, a personal representative is given the authority to, you know, maintain and secure the property as part of their statutory duties.
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All right. Okay, Mr. Chairman, now you ‸ go ahead and set a motion here. based on the evidence and testimony presented, which is incorporated into the order, I move to find respondent in this case.
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:16:54–00:16:57 · unresolved: the words are not shown (unclear audio); listen to the recording
appendix A zoning for building permits. And that the respondent should correct the violation later than. So you're recommending six months is going to be
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:18:25–00:18:30 · unresolved: the words are not shown (unclear audio); listen to the recording
motion passed unanimously. So, ma'am, you have six months. The objective is to get it taken care of as soon as possible so it doesn't linger. But these gentlemen will help you step by step. Okay? Thank you for being here.
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I'm sorry. I don't know the Roman numerals very well. Schedule of district regulations, Section 13, prohibited uses and structures. Number two, building permits and applications.
Flag: numbers, amounts, negation or names differ between the machine readings · 00:21:16–00:21:19 · unresolved: the words are not shown (unclear audio); listen to the recording
Regarding the second violation, it's the entire description, but it boils down to any work that is done without a permit. This is a similar picture from same date, August 21st. It just shows a somewhat closer photo of the one of the posts, the RV, and the tarps. Case summary. This is a case we saw previously last month. The update from then would be
September 5th, a notice of hearing was posted at the property office, mailed, and posted at City Hall. On the 16th, I spoke with the property owner's representative via phone. Later the same day, she came to the office and provided a document, which I'll show you momentarily, requesting a continuation for the property owner. She also stated that he would be present at the hearing this evening. She informed me the electrical box had been moved and the RV was as well. Stated the owner was still working on the poles being removed, which were holding the cover. Property owner had inquired and believed the poles were previously permitted.
a permit regarding it. and the 18th inspected it today and it's still at this point in violation. This is three photos from today regarding the post and the tarps.
thought they were metal, but they're actually wood, and the tarps are still up. The electrical has been removed, the RV has been moved, and the truck. ‸ But the structure itself is still, would be requiring a permit.
It's similar to the previous document requesting a continuance and states that the property owner would be here this evening. And it was stamped that I received it and uploaded to the case file. My recommendation, staff recommendations, is that the code will find the respondent, property owner, in noncompliance with the code board's previous order that was dated August 20, 2025, and a fine be imposed until brought into compliance.
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But, I'm sorry, for the board, I believe it was $250 per violation. Correct? And per day. Per day. ‸ So, may I ask a clarification question? Yes, please. The violation for, excuse, sorry, Appendix A, Article 11, Section 13, the corrective action and the notice of violation was removing the RV from the property. Yes. So, which was, which that was done, correct?
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All right, sir. Just so you understand, this is not a hearing, this is not a hearing to say if we can give you more time, because we've already come up on time. So this is a hearing just pretty much giving you an opportunity to tell us what you want to tell us, and either you're in compliance or
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Flag: numbers, amounts, negation or names differ between the machine readings; the recognized words and the detected speech do not line up; a language review questioned the wording · 00:26:45–00:27:03 · unresolved: the words are not shown (unclear audio); listen to the recording
way, shape, or form to try to break any laws of the city of Cocoa. The, as you see, or as the board sees here, that as soon as we got everything, all the paperwork and whatnot, ‸ let me backtrack a minute, please, Mr. Chairman. We've had, I believe, three different inspectors that we have been dealing with, and then, essentially, that kind of got lost. So it was not, I assure you, ‸ would never disrespect the board here and basically come here and be giving you some type of a story.
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 00:27:51–00:27:55 · unresolved: the words are not shown (unclear audio); listen to the recording
The electric system has been also pulled as soon as we were able to get everybody there. And my question with regards to the posts, the posts are, I had no idea that, I thought that a structure, like a building structure, was something that you couldn't do without a permit. I thought a post which holds up a, what we call a shade sale, the shade sale was strictly for coverage of my automobile for prevention of sun and whatnot, because you know how hot it gets here.
‸ and like I said, as soon as we've been trying to get everything on record and I believe this is Mr. Brim is like the third inspector that we've dealt with.
they've kind of been passing things back and forth. so that's kind of where we were at. But I assure you, I would like to take the time to apologize to this hearing because ‸ once again,
is right there and I would never in any way, shape or form try or intend to defraud anyone or try to break any laws here. So I'm just here to express this that I believe this has gotten out of control for really no reason.
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believe, it's been like two different structures that were permitted. They were like the covers for vehicles to pull under and it was, it were permitted.
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find the permits for those And that's the only reason that I requested a continuance so that we could get to the bottom of it. ‸ I would never, ever, ever say I'm not going to pull the post out or in any way, shape or form try to do any litigation with the city. That's insane. I would pull the post out tomorrow if I thought or if you thought that they were essentially in violation of any law. So, once again, my apologies but this, I assure you, this is not intentional. This should have never gotten this far. and hopefully if it would have been the same inspector that it wouldn't have gotten this far. but immediately, as soon as I was notified of something we started the ball rolling.
it's not that I have kind of boiled the city off and said I'm not going to do anything. I have taken this serious from the day one and I've gotten rid of the RV at my expense. I've gotten rid of the electric. Well, I had no idea
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think it would be just a matter of, if that's how you feel as far as you thought it was permitted, have to take ‸ time to research it to find out. But I would think they've already done that legwork to say, hey, it was never permitted. Mr. Chairman.
Okay. Once again, I've purchased these things from professionals that supposedly got the permits. I had no idea that I had to follow these people when I contract ‸ someone to do something in my office, just like someone comes to see me in the office. They trust that my professional judgment is going to be, ‸ to cover them. and I had no idea that these people had not done that. Once again,
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The notice of violation states that the violation for the building permit section is for the electrical panel, circuitry, camera, and light. Is there anywhere in the case file or notice of violation that says that violation related to the posts themselves?
I would have to go through the previous notes. As he mentioned, there was three officers, but there was actually two. It was just myself and Officer Simpson.
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the gentleman in compliance. that doesn't preclude, you know, future action by the code officers if the post isn't removed in the future or something like that, but it doesn't appear to me that it was covered in the notice of violation and that there was no notice essentially given of what the violation, that ‸ the violation included the posts. You see what I'm saying? Unless,
Give me one second, Mr. Chair. Yes, sir. I would disagree that appendix A zoning or to article 15 for administration enforcement for ‸ commercial district for a building permits and applications. If electrical needed a permit, a structure would need a permit. I mean, it's permits required. We basically cited the property in order to require the property to obtain the permits for the structure on the property, the electrical on the property, and he just removed the electrical, but the structure is still there.
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The corrective action that's on the notice of violation is to contact the building department and discuss the necessary steps to apply for and obtain a permit for the electrical work done.
But I would state that, you know, it is a required permit. They've had, we've had contact with the property owner's representative not once, but twice, told them what they needed to do to comply when they came in the office, which was remove the electrical or apply permits for electrical and for the carport.
not permitted. He knew about this from the beginning and hesitated on getting it removed and him stating that he was more than compliant, He did not show up at the first hearing.
from the beginning. Yes, the character error as far as the wording goes, but him speaking to me through his representative multiple times shows that he understood that the structure was not permitted to be there. And the electrical couldn't be there without the structure there in the first place. There would be nowhere to put it.
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So going back to the legal aspect from what the attorney is saying, the post wasn't specifically mentioned in the verbiage that was given out. So if the post weren't specifically mentioned in
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so again, my recommendation would be, um, I, I think it's concerning that it was not included in the notice of violation because we do have to provide, uh, adequate notice of what the violation is and what corrective action needs to be taken. And the corrective action that was given was to remove the electrical. Again, that, this wouldn't preclude the, uh, ‸ officers from bringing another case if, you know, if the gentleman refuses to obtain a permit for the, um, posts or remove them in the future. But I would be concerned about imposing a fine for failing to come into compliance when the original notice of violation did not say anything ‸ about those posts.
I, I don't, I'm not sure how that resolves the issue because what we're trying to determine right now is whether or not he's come into compliance on the second violation and whether he's done that and within the time ordered.
for the permits required. We opened up a new case. It would be the exact same code. The only difference is we'd have the correction ‸ to tell him to remove the carport from the property. It's still required. It's the same section, the same chapter. The only thing that was left off is on the original notice of violation was that the carport needed to be removed or permitted.
‸ Well, but still, the way the attorney is saying it, that means he would be in compliance right now because of the wording. So now that means, okay, we have to go and say, okay, he's in compliance. Now if you give him a notice tomorrow for the same thing and specifically state that, now we have something. You understand?
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I have a motion on the floor with the second. All in favor, say aye. Aye. Those opposed? Motion passes. So you've been found that you're in compliance, but again, it still goes to city council. So.
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do with it. So the, everything else is now on you. Because now, you can't blame ignorance of anything. So now you're a very intelligent gentleman. So now you have to ‸ do the research, say, Hey, gentlemen, what do I need to do? Because now they're going to, They have to give you exactly what you need to do. You understand?
I was just simply going to say, because you're free and clear from the code now, code enforcement, as of this hour to right now, but come eight o'clock tomorrow morning, they might put another violation on you. What you need to do is put one foot forward and go to the permitting department and find out exactly what you need to do to have your post permitted. Are your post in concrete? Are your post stable? Are they hurricane prepared? Blah, blah, blah. You need to go to permitting and you need to get it figured out. Okay.
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start, we wouldn't even be here now because. Hold on. Stop. And I'm not saying that, but as the property owner, who has the most to, to give in this moment, who has the most to lose in this moment?
So you have a clear understanding because someone else brings us the information. It's not always the exact same. They don't always understand that information the same. So you should get that information firsthand. ‸ So now there's no
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