Public Safety Committee - Regular Meeting

You know, I've kind of, I just wanted to use that. Well, there's a different one.

Do you want a purple pen?

Is that purple? It's purple.

Yes, I will use this. Thank you. This passes. The tip on this one is getting worn down too much. I'm going to have to try to replace. Yeah, it's either cheap.

But, yeah, so the guy, he placed the order Monday for it, and I had now in October, he goes, he goes back to assure you, he goes in for your job.

Wonderful and not for 50,000 and the crisis and.

The other 1. Like, they came in one of here. That's right. It's been a minute. Right here.

Good morning. This is the Friday, August the 14th docket of the local Metro code enforcement board. My name is Chris. Want one? I'm a member of the board and we'll be hearing cases today. Uh, here in cases we today is for fellow board member. Uh, miss Christine Schneider seated to my right. Uh, let's see. Uh, miss knife low is out on medical and, uh. Ms. Pam Waddell is online with us in the hearing room today. For the code enforcement staff, I've got Mr. Jeffron Abrams, who is our coordinator, who will be calling cases and recording today's proceedings. I have Ms. Laken Barnett as code enforcement supervisor, who will be presenting case summaries, facts, and findings. Officer Tim Close will be providing security here for us at the old jail facility today. I'm also joined by Assistant County Attorney, the Honorable Robbie Howard. Representing the board, seated to my immediate right, is the Honorable Haley Keene. Additional individuals may participate in the case. If it has relevant information, those individuals will be identified and sworn in as needed. We are operating virtually today as defined within the KRS guidelines for open records meetings. At the onset, I wanted to clarify the role of this board in the scope of today's proceedings. This board is an administrative body of limited jurisdiction. We are here only to consider appeals of the specific citations that had been properly docketed for today. We cannot hear matters that are not on today's docket, and we do not address unrelated disputes or complaints. The board does not interpret the law or provide legal advice. Our function is to act as a fact finder determined based on the evidence presented whether the conditions existed at the time of inspection to support the issues of a citation under the applicable metro ordinances. I'll read the following 1 time and 1 time only will pertain to all cases hard here today. All participants must be sworn in before speaking. Please wait to be sworn in by Ms. Keene before you do so. Once sworn, you are speaking under oath and your testimony is a matter of public record. This is an official proceeding. Any false statement you make can be referred by this board for prosecution for either perjury or false swearing. While these proceedings are less formal than a court of law, the board will consider relevant and reliable evidence and will determine the credibility and wait to be given to that evidence. Please do not interrupt others while they are speaking. I will assure that everybody here that has something pertinent pertinent pertinent to say about their case will have the opportunity to speak. If somebody else is speaking, wait till they're finished and then make a note in your head of what you need to say once they are finished speaking. If things get completely out of hand, I will cease all communications until order is restored. After hearing from both the county and the appellant, the board will determine whether to uphold the citation and any associated fines. The board also has at its discretion, based on the evidence, to adjust the fine or to conditionally discharge it. Each case is decided on its own facts and merit, and prior outcomes do not control the result in any other case. Once again, the board does not and cannot provide legal advice to any party. When your case is finished, please wait for a staff member to bring a copy of today's order to you. If you're appearing virtually, a copy will be mailed to your address of record as held by the Jefferson County Property Valuation Administration. With that, Mr. Abrams, can we hear any pre-conference cases?

The following cases have been conditionally discharged. ENF-PMNT-26-011151-10, 4412 Sunset Avenue, 18PM23199-PM-37, 2721 Doomsnail Street. NF-PMNT-26-005165-3, 6536 Miles Avenue. NF-PMNT-25-022541-8, 6517 Evangeline Avenue. NF-PMNT-26-010415-2, 3319 Nans Avenue. The following cases have been rescheduled. ANF-ZON-26-000415-7, 5900 Pendleton Road. ANF-ZON-26-000415-4, 5900 Pendleton Road. ANF-ZON-26-000415-6, 5900 Pendleton Road. ENF-ZON-26-000415-5, 5900 Pendleton Road. ENF-PMNT-26-0059227, 5900 Pendleton Road. ENF-PMNT-26-005922-17, 5900 Pendleton Road. and ENF-PMNT-26-005922-16 5900 Pendleton Road. Rescheduled.

Okay. Yeah. He said rescheduled. I think also on there for Mr. Howard, ENF-LMPD-26-000032, we're going to pass that to 82126.

Okay, ladies and gentlemen, good morning again. My name is Chris. What when I'll be hearing cases today as well as Christine Schneider. I will hope to get you in here and out as quick as possible. Basically how this works is we'll call you by your by your case number as well as your address. So, listen for that address once your case is called come up here to the podium. Uh, you'll be sworn in by Miss keen once you are sworn in the county, you'll be their burden to present their case, which would be Mr Howard and Miss Burnett. Uh, once they present their case, then you'll get your side of the case and then we will make a decision. Then you'll get a copy of today's order. If at any time you need to leave, go put money in the meter, use the restroom or something, let Officer Close know. So that way, if we call your case, then we'll call you back as soon as you get back in the building. I make this same speech every week. People are probably tired of hearing it, but I am not here to take your money. I don't want to take your money. What I do want is I want your compliance. And if I can't get your compliance, well, guess what? I'll get your money. And once I'm in your pocket, it takes an active guide to get me out of your pocket. Once you get compliant, I'll get out of your pocket. So the way I work is, as long as you shoot straight with me, you're honest, you give it an effort, you're trying to make this happen, I'll work with you. You work with me, I'll work with you. It's when you sit down, you do nothing, you lie to me, you do absolutely nothing, it's when I'm gonna get your pocket and stay there. So in the end, work with me, okay? Mr. Abrams, let's call our first case.

enough dash community dash two five dash zero zero nine one eight eight dash one four thirty eight eleven ralph avenue. And also enough dash community dash two five zero zero nine one eight eight dash three thirty eight eleven ralph avenue.

Give me give me the first one off that of course good morning sir can you please state your name for the record. Roberto gomez right and who do you have here with you.

I'm Enrique Gomez.

Okay. And what's your relationship to the property?

Well, he's he's the owner and then I'm his son.

Okay.

Yeah.

Give me 1 2nd. Okay.

I'm fairly certain I know she used to have a lot. Yes, but just want to double check.

You mean my address and zip code?

No, it's okay. We're just double checking something. 1 2nd.

I haven't seen her before.

I'm sorry, sir. What did you say? Your name was again?

Roberto Gomez.

Okay, not Fernandez. We're now, uh, lady.

Hey. Yeah, you look good.

You're sorry. But okay. No, I put you a guitar. The property era. My partner.

So she was actually like, oh. They only like together, but she doesn't own anymore. He hasn't been able to take that name off.

Okay. So here's the problem with that. Per the Jefferson county D, that's recorded.

She does still own it alongside this Mr voice logistics.

We can't take testimony from you all today unless he is on the deed. Individually, or there's an attorney present, or she's present because as of right now, she still owns the property.

Yeah, because 1 case, they don't put them on testimony. Yes. What do we want it? Yeah, they need it. They need to get something. Yeah.

So, our attorneys, I may speak to that and you all would have more knowledge than I would as to this, but it's saying here, this is secondary docket on 1 of the violations in the 5th redocking on another of the violations. I don't know what the history of this case is to know whether or not this would warrant being passed or not.

Well, she was here.

If she was here, we could hear it, but she's not and there's no attorney.

Yeah.

Yeah. Read office, I believe she was present. This 1 is just she's not present. So I'm fine with pushing 30 days showed up with her each other.

Okay. Push it out to that September 11th.

That's what I'm thinking. Yeah. Yeah. Or have the attorney. Okay. You can tell him. Yeah.

Okay.

What we're going to do since she is not here, the owner by the deed is not here, or if you do not have an attorney with you, we can, like he said, we cannot hear anything today. So what we're going to do is we're going to push this out to September 11th for either her to come back in or you ought to bring an attorney.

Okay. He says they're going to push him to September 11th because he's not here and they're not here either. Explain to him. We were able to talk to him because Tony was here. That's why we were able to talk. That's why they didn't say anything about it. but explain to him that I am the only owner what I have not been able to remove from the process for that reason they right now according to them they are with and they are still as owners right now we can't do anything right now we have to be here or I'm going to be here with him with tony because right now indeed is the owner

You like a so it doesn't work. It's a talent.

You know, to see what I'm going to see the photo. So I'm going to see the pop up. I'm going to go, you know, I'm going to see value.

But I. I mean, if he's if he's considered part of the if he's considered the owner also, then you can go to the clerk's office and have him added to the deed. And then we'd be able to speak with him, but he has to be on the deed or she either has to be here or you have to have an attorney.

September 11th. Oh, no, like, where do we got to go again to put them on the deed? You can either go over to the quarter of the, yeah, that, the deed room. Yeah.

In the case of ENF-PMNT-25-009188-14 and-3, we're going to push this off to the September 11th date where we can either get him added into the deed as the owner or they have an attorney present.

Next case.

NF-SWMS-26-000897, 830 Brentwood Avenue.

Anybody here from JTP Holdings LLC?

Yes, I am. Megan Brake.

Good morning. This is John Benz, the attorney for the property manager, Ms. Brake.

Good morning, Mr. Benz. And ma'am, I'm sorry, I didn't get your name again. Can you repeat it, please?

Sure, no problem. Megan Brake. Brake.

Yep.

What's your relationship with the property? I work for the property owner and we manage, I'm of the management company as well.

Okay.

And Mr. Benz, can I just clarify real quick?

I noticed on the appeal that Premier Property Management had signed, but the owner is JTP Holdings.

That is correct from your property management to management company for.

Okay, I just wanted to double check. All right, ma'am.

I'm going to go ahead and get you sworn in. I'm sorry, Mr. Benz miss breaks the operations manager for premier.

Okay, thank you. Miss break. Can you please raise your right hand and state your name again for the record? Sure. My name is Megan break.

I'm the director of operations for premier property management.

All right. Do you swear or affirm the testimony you're about to give us the truth, the whole truth, and nothing but the truth?

I do.

All right. Thank you. I'll go ahead and get the officer from Swim sworn in. Can you please state your name, sir?

Absolutely. Solid Waste Enforcement Officer Christopher Sullivan.

Please raise your right hand. Do you swear or affirm the testimony you're about to give us the truth, the whole truth, and nothing but the truth?

Absolutely.

Thank you.

Officer Sullivan, can you just kind of give us a history of this citation where the Relevant dates where it came from all of that.

Yes, um, I was following up on a complaint, uh, on May 8th, 2026. At the property at 830 Brentwood Avenue, Louisville, Kentucky, 40215, it was a complaint of wood boxes, bags, loose debris as well as construction breed in the rear of the property. Upon confirming these findings, I issued a notice of violation to this property. I posted on the front door of the property as well as we mailed out the same notice to the PVA register owner according to our records.

When was that notice of violation mailed? Or posted either?

It should have been no later than the 10th.

And that's- July 10th, June 10th.

I'm sorry. The notice of violation would have been out May 10th.

May 10th. Okay. Close to it. And can you describe for the board when you went out there to respond to this complaint what you saw?

Absolutely. When I went to the rear of the property, as I said, I noticed some contractor bags, some boxes, construction debris, things that would be inside a garage or appeared like someone was trying to clean out the property. It was a Christmas tree stand. It looks like somebody was trying to clear out the property in the rear.

And this was in a driveway on an alley?

It was in the rear of a garage in the alley. Okay. It was closer towards the alleyway because we have a 10-feet access.

Okay. But kind of in a driveway then in front of a garage? In front of a garage. Did you take any photos of this? Absolutely, I did. Do we have those photos from? Okay. Or do you have those with you?

Yes, I do.

Could you present those to the board? Sure. I think they're going to have you well, however you want to do it, but.

Okay, yeah.

Okay. Okay.

On the garage and then there was a cleanup that looks like.

Did Metro clean it up?

That's the next question, I think. I think they did. Yeah. Okay. Yeah, you would see that.

That's a solid.

Shout out to Mr. Howard.

It looks like also you have a photo of the posted notice. Is that accurate? Yes, it is. So it looks like these photos are from May the 8th. Was your notice issued on May the 8th or was it issued after May the 8th?

The notice was issued on May the 8th. We tend to, on a notice of violation, give the property owner or the resident 14 days before we have a follow-up inspection to confirm whether these items have been removed or not.

And I'm not sure if we do this at the code board, but we were going to move to enter those into evidence. After May the 8th, you issued this notice. What do you do after that?

uh upon uh i returned to the property on may 26 to confirm whether or not the items had been removed and they were not the same items remained behind in the rear of the property and as a result we had to uh issue a citation because items were not removed within the time allowed by us okay

So, you were you personally returned to the property?

Absolutely. All right.

Photos and you were there on May 8th return on May 26 founded in the same condition. It was yes.

Previously you said you got a complaint was that do you know where that derived from generate from Metro 311 a concerned neighbor called in the Metro 311 and it came. It comes into our cues when we receive Metro 301 receives a complaint of non compliance, then it's routed to us. And, uh, depending on what area it is, if it's our area, we, we inspect and address the concern.

I'm going to ask you a question that I assume you probably don't know the answer to, but do you have any idea when you all received that complaint?

Um, it be honest with you not a 100% it could be a week behind because we, we get numerous complaints and, uh, it's, uh, we're limited in our numbers is right. 3 of us actively can, uh, you know, terms of Jefferson county patrolling it.

So, May 26 return conditions are still there. You decide you're going to issue a citation is that citation issued on May 26 or after May 26.

I believe it was issued officially. I had filled it out as far as May 26. We put in a cleanup order and it was followed up on the 27th of May because considering the conditions, once again, like I said, we gave them a two-week notice in terms of cleaning it up and we have to consider As far as the health and safety aspect of it is. Because obviously it's a serious concern to the neighborhood and community, and we want to try to address these issues, but we also prefer to work with register owners, whether it's a property owners or individually owned properties because the guy that the goal for me personally is for everyone to be compliant for us all to work together to have clean alleys and neighborhoods. So that's why I do my best to issue a notice of violation and not go straight citation because I'd rather work with people to get everything cleaned up than to just automatically issue a citation.

And the property was cleaned up by Louisville Metro on May 27th. Yes, it was citation itself entails 2 parts 1, the actual cleanup fee, which was the cost to Louisville Metro to clean up the property and then also the define for the violation. Is that accurate? That is accurate.

Okay.

And the photos that we presented to the board, those included pictures of the. Status of the property after it had been cleaned up. Is that accurate? That is accurate. Okay.

believe i have any further questions and reserved to write that to ask follow-up questions if need be mr benz uh this was a rental property which was in the middle of the eviction process which had been informed of the inspectors and it's my understanding that the property tenant was probably set out of the property by the sheriff's office around may 29th because of the backlog that the property managers were diligently working to get it, but are beholden to the court system and the sheriff's department for their timelines. Otherwise they would have gotten the property back and gotten it cleaned up. It's my understanding from the property manager at this time that all the, there are no more pending violations, if that's correct. We would ask in light of the circumstances, it was an uncooperative tenant who was denying access and had to go through the full sheriff set out. That if there's any way we could at least conditionally discharge parts of the citation.

Would you like to me to speak to that in terms of well, there doesn't sound like they're asking to have the full. Portion of this way that I would say, in terms of the actual cost to the city of the 250 dollars, it really doesn't matter what reason they gave here today. Uh. whether it's rental property or not, it's an actual cost to the city. In terms of the fine, I mean, I would assume there's a little more room to work on that. It is a little bit concerning that this took over two weeks.

What is the cost actually for the city for the cleanup, officer?

The actual cost in terms of our cleanup fee is $250 for our crew to clean up. In terms of the actual violation, it's a $250 fine. Okay.

We wouldn't object to 250 cleanup fee being upheld and then half of the fine being CD. So a total of 3. 375 dollars we would ask to be upheld.

We would ask for the entire fine to be upheld because we are beholden to the eviction process in the landlord tenant act and couldn't clean up the property or access it within the 2 weeks. And when you give a tenant the notice versus directly to the property owner, that's in the middle of an eviction process, you cannot reasonably expect them to communicate or cooperate with the management company and the property owner. We had again, there's the actual clean up cost define itself. I find unreasonable given that the inspectors were aware of the eviction process and the timelines that it needed to play out in, in order for the property manager to be able to take any corrective action.

The eviction process state that no one can.

I mean, that's that's there in a common area. I mean, that's right there off the alleyway of where you could have walked, drove, driven up with a pickup truck, 5 minutes load at the pickup truck and signage on the, um, the, uh, garage. It says we are watching. You're under surveillance, so that tells me that whoever owns that structure apparently has that under surveillance, should have known that was out there, or at least you know what day this set out was.

The set out, as I said, was the 29th.

I'm still talking, Mr. Benz.

I'm sorry. I thought you had paused, sir.

So, you know what day your set out is. You should have had a representative on the property for the day of the set out, and if that stuff's sitting out there on the property, you know to clean it up. So in the matter of ENF-SWMS-26, keep on talking, Mr. Benz, and I will too. 26000897, the address being 830 Brentwood Avenue. I'm going to uphold the citation. I'm going to uphold the $250 cleanup fee, the $250 fine. However, I'm going to conditionally discharge the $250 fine and only charge you the $250 cleanup fee. And that is my ruling. Thank you.

Thank you, Mr. White. What I was trying to say is the The city did the clean out 2 days before we did the set the set out a cap and that's why. They weren't able to clean it up on the set out. The city had already done it.

Okay, well, I'm not going to take money out of taxpayers pockets for your client business.

I didn't the city fee. I was just saying. For you're saying they should have had someone there to clean it up on the day to set out. The city had already been there before to set out. I was just trying to clarify that point.

Okay. Well, I'm only charging you half price.

I appreciate it, sir. Thank you, Mr. Benz.

You have a good weekend. Can I ask one question?

I have one other if you all would like to call it this morning.

You might want to write it past Mr. Benz first, but go ahead, Ms. Brake.

My only question is I'm just making sure I pay it to the address where we got the fine. I just want to make sure I pay it to the correct place.

It should be Officer of Management and Budget.

Officer. Okay. Okay, that's all I need to know. Thank you.

Mr. Benz, what's your next case?

My next one looks like it is 1393 Tyler Park Drive in Louisville.

Okay. Mr. William Thompson, is your client with us?

I believe I should have Angel Thompson on with me, Your Honor, or Mr. Watland. Yeah, there's Angel.

Okay.

Is he online?

Angel Thompson is online. Angel, how are you related to Mr. Thompson?

He's my husband. We should both be on the deed.

Okay. I'm going to double check real quick.

One second. I'm still going to get Lincoln's phone in.

Miss Burnett state your name for the record 1.

Lake and Barnett, you saw, we swear for him to test what you're about to give to be the truth. The whole truth and nothing but the truth.

Yes, I do.

Thank you. Mr. All right. I've confirmed that Miss Thompson is on the deed. Miss Thompson. Can you just state your name for the record? 1 more time and please raise your right hand. Angel Thompson, do you swear from the testimony about to give us the truth? The whole truth? Nothing but the truth.

I do parties have been sworn on 7, 8, 20, 26. the 2nd visit to the property a 900 dollar penalty was placed for no compliance on electrical receptacles for a in the bathroom originally cited 529, 20, 26, no compliance for interior surfaces. Originally cited 529, 20, 26. No compliance for mechanical air ducting originally cited since 5292026. No compliance for exhaust ventilation originally cited 5292026. No compliance for exterior surfaces originally cited 5292026. No compliance for exterior stair or fire escape originally cited 529. 2026 no compliance on windows originally cited 529 2026. No compliance for a tree originally cited 529 2026. we returned to the property on August 11th 2026. we found no compliance on the electrical receptacle. No compliance on the interior. Surfaces no partial compliance on the heating air ducts. Total compliance on the exterior exhaust vent partial compliance on the exterior surfaces. No compliance on the stair or fire escape partial compliance on the windows. Total compliance on the trees. I will get you photos of what does remain in just a moment. Here we have some exterior surfaces with rotted wood, chipping, peeling paint, more dilapidated rotted surfaces, exposed wood. This door is not part of the citation. This is the stairs and rear deck porch area. Here we have some mortar joints that are missing mortar. This is the interior surfaces where there is cracks and gaps in the ceilings around the light fixture. Leak stains, more gaps in the drywall tape. This is the bathroom GFI. This is a photo of the air ducting. It appears they marked this partial compliance as some work has been done. Here is more ducting with separating tape. Here's more of the exterior surfaces showing missing mortar joints. And that's all the photos we have at this time. There has been some progress.

It's an occupied structure.

This structure is listed as. Occupied. Hmm.

Do you have any safety concerns for this? I'm understanding apparently there was something mentioned about some possibility of needing testing for asbestos before any repairs are made on the ventilation system.

Yes, there's a note from the inspector in here that says asbestos tape in basements still needs encapsulation, which I believe is going to be that photo there. Okay.

So we've got asbestos hanging in the basement, but we've got people living in the house. And we've also got faulty electrical in the bathroom.

Yes, the bathroom GFI continues to trip anytime something's plugged into it.

I believe you mentioned emergency stairwell as a violation.

There was an exterior stair or fire escape. It is combined into one violation. It was for, let me go back to that. It was for this section of, uh, essentially this report a whole section of it's chipped off and broken off.

Okay. But they can still in a matter of an emergency could egress.

Yes. Egress appears to be okay. This is just a section of concrete that is broken off.

Of the stairs, and the 1st time you all were out to the property, I believe you said was May 29th.

Yes.

Okay.

And is that the date the citation was issued or was that a. Follow update.

May 29th was the first day that the violations were all added to the case.

I don't have any further questions at this time.

All right, Mr. Benz, give me a warm and fuzzy about the asbestos in the GFI.

Ms. Thompson is diligently working to get everything corrected. She's making progress. From my understanding of what she told me, she has workers scheduled within the next week or so to continue the work on them and she can testify to us what her plans are with that. Pape and the is I'm not exactly 100%, but she is diligently trying to make progress and get everything corrected.

Okay, I do appreciate. I do appreciate her efforts so far. I mean, we've heard several partials and full compliance that we're heading in the right direction. I'm guessing it's just a matter of resources and time. Ma'am, how much time do you think you're going to need to get a serious dent in this?

Well, honestly, I thought I had made a serious dent because I had completed like 10 out of the 14 things that I needed to get done.

Can you turn your video back on, ma'am? I can see her. Okay, thank you. Disregard.

As far as the asbestos goes, I had it tested, and it tested at .001, which was well below the whatever the Is but, um, I still need to have it encapsulated and I am working on that. And I thought that the deck was honestly, the only thing I had left to do, or 1 of the things I had left to do as far as the, it was supposed to be. It was supposed to have been fixed, so I had no idea what was still tripping. Um, and, you know, uh, well. I've done just about everything on here. I honestly thought that that brick that had fell off, I don't think I even seen that, to be quite honest with you. And, you know, the door, the window should open and the exhaust vent should be fixed. Yeah, the, I mean, everything that I, the asbestos was, that was what I thought was the main thing, but we had had it tested. Um, we were probably around like around 2019, I think is when we had it less tested because there was a fire and we had to have it rebuilt. Um, but there still was asbestos tape. So, um, I had a company come in and they had ran, um, all the tests and everything and, uh, you know, it fell far below the. actual safety guidelines um but i am still working on having that encapsulated okay so again my original question is how much time are you going to need to get all this finished up um let's see well i had the deck scheduled last week and it got they got rained out um or this week rather um so i would i would like to say to give myself a little bit more time probably the end of the month

Would 30 to 45 days work, Mr. Whatland? Go ahead, Mr. Benz. Would 30 to 45 days work for you all to give her some time?

I'm actually

What I would also suggest is if Miss Thompson can get with the inspector and meet him at the property or hurt the property, they go through everything that needs to be fixed. You're speaking gospel.

I'd love to get the officer out there to walk hand in hand with her and we can give her a checklist of all the things remaining. So we can get you off this docket as quick as possible.

I have 1 note to add that I just read from the inspector's report. So the inspector was out there this week and actually sent me a separate, um. They actually called me specifically about this case. They wanted to let us know that for some reason they were unable to get pictures of it this week. But in addition to this concrete porch, there is actually a wooden deck. Um, this inspector wanted the board to know that the inspector himself is around 200 pounds. And when he stepped on that deck, he felt like it was going to cave in and mind you, this is an occupied structure. Um, so that would be a safety concern. Um, also the inspector has wanted to let the board know that he has reached out before to do the walk around and point out exactly what needs done and. Ownership has never committed to doing that walk through, which the inspector has started. They have already tried to do.

Well, I thought that I understood what was going on. I would be happy to walk around with him at this point. I do have to explain the deck. The deck sits on the ground.

i'm not needing an explanation on that what i'm willing to do is give you some time and give you the resources to get off my docket but you know so whatever explanation you're going to make about you call this and this it's not going to make any bearing so what i'm going to do is i'm going to give you 60 days i'm going to push this out till october the 9th i'm giving you plenty of time to make this happen do you have the name and number of your inspector

Um, yes, I have that. I have it right here.

My request is you reach out to your inspector and walk with your inspector through the property and make a list. And if there's anything egregious that comes out of it, you know, when we come back on the 9th, we're going to come back for a status. And if you think egregious comes out, then I'll give you more time. But if not, let's take a look and let's try to try to get this all taken care of. I'm kind of concerned about the, you know, we've addressed the asbestos. I'm fine with that. You're going to get it encapsulated. It's at a low level. This new thing about this deck that might be a little bit weak. Okay. But I'm also concerned about the GFI because not only is it a shock hazard, it's also for you, it's a fire hazard. You've already had one fire. Let's not have another. So reach out to your inspector, walk through it, make your notes, and come back on the 9th of October for a status, and we'll see where we're at. Hopefully, maybe we'll be done with it. If not, I'll give you a little more time as long as you're working with the inspector.

Okay. The 9th of October. Okay.

Mr. Benz, you good with that?

Yes, sir. I have got it on my schedule. I thank you for your assistance. Thank you, Mr. Bitts.

The matter of ENF-PMAT-26-010701-2, address being 1393 Tyler Park Drive. We are going to come back on the 9th of October for a status. Thank you, folks.

Thank you all, and I think I'll see you all in two weeks. I won't be with you next Friday for a change.

Don't party too hardy.

Yes, sir.

Thank you. Next case.

ENF-SWMS-26-001815 4305 Bank Street. James Fitzpatrick? James Fitzpatrick? Anybody here for 4305 Bank Street?

Officers. What's that fine on that? So 12 50.

Um, Mr Abrams. Uh, well, notice was sent. Notice was posted on this. He knew to be here today. He filed an appeal, but it's not here on their appeal. Mr Howard, you have anything to say?

Nothing other than, uh, it was a pretty significant violation the amount and we'd be happy to show photos of the. The violation, I'm not sure it's relevant, but it was.

Yeah, yeah, you say your name for the record.

Officer in the annual Haggard, please raise your right hand. Do you swear from the testimony about to give us the truth? Whole truth? Nothing but the truth. I do. Thank you.

What we got, so.

Oh, yeah, that's great. It's a rather large amount of legal dumping debris construction debris.

The inside of basically, it looks like of a. A house has been dumped in the middle of the alleyway at 36. 05. West Broadway, I believe is the address. Um. Yeah, I actually went to the, it's a little bit unique because I actually went straight to a citation on this one with this supervisor's approval because it was so bad. I found about six or seven pieces of mail that came from the property. I believe it's on Bank Street, the Bank Street property. And I knocked on the door. I spoke to the property owner. She admitted that she had hired somebody to haul it away. I asked, you know, who? yeah because i would be i would rather issue a citation against an illegal junk hauling business than i would the owner of owner occupied property she said she didn't wish to disclose i gave her my contact information in case she changed her mind she never contacted me and so i was a bit surprised to see the appeal show up and then even more surprising she did not show today okay well

It is 917. We were set for 830. She is not present. Mr. Fitzpatrick's not present. So the matter of ENF-SWMS-26-001815, the address being 4305 Bank Street. I uphold the citation as this did exist. Said he had to go and clean it. So the fine is $1,000. The cleanup fee is $250 for a total of $1,250. So upheld. Thank you, gentlemen. Thank you.

Next case.

Yeah, enough dash PMT dash 2, 6, dash 0, 1, 1, 3, 1, 6, dash 2, 1, 0, 9, 0, 9 Harrison lane.

Oh, Chris.

Be careful.

Oh.

Good morning.

Good morning. Can you please state your name for the record? Please state your name for the record.

Right and. Sir, my name? Yes.

Right. Can you both please raise your right hands?

Right hand no, no, you know, you were fine ma'am right hand other hand. Do you books where from the testimony you're about to give us the truth the whole truth and nothing about the truth.

Yes. All right. Thank you. On 6252026, the 2nd visit to the property, a 300 dollar penalty was placed for. No compliance on cutting or cleaning originally cited 6 to 2026. No compliance for vehicles on the property originally cited 6 to 2026. We returned to the property on 811 2026 and found no compliance on the cleaning. Partial compliance on the vehicles. I'll get you photos of what remains in just a moment. Here we have some tarps, some debris, some tires, and some vehicle shells. Here we have more junk vehicles and debris, more debris and junk vehicles, more debris.

And this was showing parking in the yard.

That's all the photos we have at this time.

And just to go over this photo real quick before we move on, when you said parking in the, is that proof that they continue to park in the yard? Or is that proof that they've removed the vehicle that was parked in the yard?

It appears that this would show both. There is not a vehicle in this photo in the yard. However, it appears the vehicles and other photos are in the back grass. There was some other violations cited. I believe this picture was more relevant to those to show that There is this is supposed to be a full gravel driveway and it is not it now has mud and grass going through it. So it was just to depict. The condition of the driveway.

Okay, and so generally the violations being the legal parking of the cars and then the scattered debris.

Yes, there's a 1 cited not part of this citation about this. This is was this was an added on driveway.

That's not permitted to have been added without a variance.

So this is part of the case, but not this citation. So, this photo is currently irrelevant to this docket.

I have no further questions. It looks like the photos speak for themselves.

What are your plans to get the debris cleaned up and get these vehicles moved?

We move with the vehicle.

Well, according to August 11th, they're still there. Have you moved them since then? Yeah, the vehicles in the picture. They got moved this morning.

No, yesterday we paid a towing truck and we moved outside of the property. And another vehicle or another vehicle is moving for the property.

Do you have any photos showing that those vehicles are not there anymore? No, we don't bring the photos. What about the construction debris that was there on the side of the house? Has that been taken care of? And what's I can, can you show the.

The look for the construction debris.

So there's a bunch of debris in the back here around the vehicle. There is tarps on the ground here, some debris and barrels on the side of the shed there. There is wood and debris and boxes. See, if I can zoom in all of those items, you can't store any items outdoors. So all of those items, everything, all of this would have to be removed completely.

Yeah, that what we do it this week. We are fixing the to get inside the house. We don't have a house get inside the house. We do it this week down.

When do you plan on having the house completed and this stuff removed?

We are already doing. We are already working, but we work outside. We work at the company and we work at the house. We finish late.

Have you finished the construction inside the house? The work inside the house, has it been completed?

No. No.

Okay. So when do you anticipate that being done so that this stuff can be moved?

We can clean that one today. You can move all that today? Yeah, we can move it. Every time the inspector say moving something, we do it. The same time he say moving anything wrong in the property, we do it. We don't know why they put the fine to us if we do everything like he say. If he say, well, this is wrong, we do it. We fix it. The problem is the same day. We don't know why they do the fine to us.

We would not have any objection to passing it out 30 days for status. We can have an officer go back out and. Either just verify that it's been cleaned up, or if they wanted to meet with that officer again, specifically go through each violation if they're willing to, we can do that too.

September 11th, September 11th. Okay. What we're going to do is we're going to go out to September 11th. We're going to give a 30 more days. If you've, if you've done all this stuff that you've claimed where you've moved the vehicles and stuff, get ahold of your inspector so they can come out and see it. And then we can start. So we can start knocking some of this stuff off the citations and stuff, but we're going to take this out to September 11th. So to give you 30 more days.

Okay, can I tell you something? Sure.

Yeah, this is just a copy of the citation. Um, we need we need to see pictures from you showing that that stuff has been moved and taken care of and we would need to see pictures showing where you had removed those trucks yesterday. Yeah, no, that's that's yeah, that's not going to do. Yeah, that's not going to do any good.

We, we need to start in the, in the, in the job. I'm going to say, is that right?

Yeah, no, the license plate and that's like, so what we're concerned with is those vehicles right there that are in your backyard the back part of your yard and you said you've gotten those moved.

Yeah, well, that was not in the time that he put a define. Right? Right. This is what we're talking about here. Yeah. Yeah. That 1 is now for the fine is not there.

You know, they put in the file for another for another, the fine, the violation does not get attached to a specific vehicle. It covers everything that's on the property all the time. So, if you take this truck away today, and then put something else there, it is still out of compliance. So everything has to be removed and it has to stay removed at all times.

And the fine's not being imposed yet. That's why you're going to come back in 30 days, hopefully meet with the inspector. But the fine just gets issued per the ordinance. That's how it's structured. Okay.

So in the case of ENF-PMNT-26-011316-2, address being 10909 Harrison Lane, we're going to take this out to September 11th for status. And like I said, if you do happen to get with your inspector and all of this is taken care of and he can blast off on it, we won't have to see you on September 11th. Okay. All right. Thank you.

Thank you.

Have a good day.

Next case enough dash dash 2, 6, dash 0, 1, 0, 1, 1, 9, dash 3, 4, 0, 5, Scottsdale Boulevard.

Good morning everybody.

Good morning. Good morning, sir. Can you please state your name for the record? Can you please raise your right hand? Do you swear or affirm the testimony you're about to give us the truth? The whole truth and nothing but the truth.

Thank you on 7152026 the 3rd visit to the property a 300 dollar penalty was placed for no compliance on cleaning and or cutting originally cited 5202026. We returned to the property on August 11th, 2026 and found. No compliance on the cutting in and or cleaning and I will get you photos of that in just a moment. Here we have various items of debris. This property is has a lot of items stored outdoors and tarps and there are tires. More items stored outdoors with tires. And then here is a bunch of overgrowth weeds and tree limbs. There's more debris appliances. And that's all the photos we have at this time.

I think the, the photos speak for themselves and you said this has been ongoing since May of this year.

That was correct.

Okay.

And has any progress been made.

It does not appear progress has been made and some new violations have been added since then.

No further questions.

Okay. Sir, where are we? What are we doing with this? When do you think you'll be able to get this cleaned up?

Yes, I'm sorry that I have a... I don't know how to start. I see the situation because I'm ending my life because I'm in hospice. And I have the letter from the hospice and from my medical doctor that I can, I have, they expect me to die in about six months, in six months now, because I have a A life limiting time. Condition and I, I, I'm trying to compliance of everything. I have picture.

Let me see your pictures.

Yeah, I have the picture. And I have to let also. Okay, I. The city of Lourdes is helping me. They say that they are going to fix my, because for my disability, they are going to fix my house, all the damage I have. and they are sending me about three letters that i have to hear that they say that they are going to to come to my house and to fix the thing they send me don't don't worry you are on the list um we are gonna be able to To fix your your gutter and all the things that you need to be repair the windows. They say that they're going to fix my window. I have the letter over there and, uh. And on those tire, I when I received the letter, I came here to the the code on regulation office, and I spoke with the supervisor person there, and he explained to me and also the inspector, Miss Jennifer Judd. And I explained to them because my My heart condition, I need to use a, like a, a VG diet with the organic and using this tire. That that the time that I wasn't building my hydroponic. To cultivate my wages, because I need to have a special diet. And they explained to me that it's okay to have like this, but I need to make holes. To avoid to avoid the and everything is over now. With a, there is no possibility that the water, the mosquito can be there because it's over. I'm working now. I haven't finished. but I'm working now, I have to go to Home Depot to buy paint, you know, to paint it, to make it nice and neat, and to make it nicer. I'm very worried about it because I'm originally a medical doctor from my country in Cuba, and I would like to keep the, you know, I know that the safety of the issue, if I have those kind of things with our Proper maintenance.

I do have a quick question for you. Do you have any family that could come over and help you start cleaning before habitat could come in since I noticed by your letters that you're still on the waiting list with habitat? Do you have any family or friends that could come over and help you start cleaning all this?

Yes, yes, I have a especially the in my in my they are in my neighbor are helping me in the because they said, okay, you, you are in the hospital all the time. We need to help you and they are helping me to to cut the grass. And I also bought a. Writing machine. Okay. Yes. I, I bought it. The reason my, my grasp was high. because i my my law machine was broken okay and was very difficult to to to buy a new one and i already bought a writer a writer machine to keep everything a a a clean and despite also enable my neighbor, the community, they say that you always, you've been living there for 30 years and you always have, but now you have the in the hospital all the time.

Okay.

That's why they are helping me.

Okay. What does the county recommend on this?

Um, I do see a note in here from supervisor Dabney that he has spoken with him Metro United way and are currently working to address the structural issues. Um, so our main concern would just be the cleaning. Um, he can have the tires as planters so long as he drills holes in the bottom, but everything else that's outside would have to be removed. Um, so I would. Be more amenable to granting a continuance for status just to give some time to get some folks in there and get this stuff removed from the property. What do you think?

Yeah, I don't have any, I don't have any problem with that.

Okay, I have the also 60 day October 6th.

October 16th. Okay. Okay. So what we're going to do is we're going to take this out and we're going to give you 60 days to get to get some more work done on it. So this is going to take it out to October 16th. Um. And like I said, that way you can get some of your neighbors, whatever, and kind of get something. You'll get some of that cleaned up. Like I said, they're fine with the tires as long as there's holes drilled in them and stuff. We just need to get, like, some of the weeds and some of the other stuff cleaned up.

Okay.

Thank you. Thank you very much. So in the case of ENF-PMNT-26-01-0119-3, address being 405 Scottsdale Boulevard, we're going to take this out to October 16th. And if you're able to get all this completed, get a hold of your inspector, and they can come in and bless off on everything, and you won't have to travel down here for us.

So I will go ahead.

You can call them and find out exactly what's left, and then that way you can work on them. If you do get it all cleaned up, give them a call back out. They'll come back out, and if they're fine with it and it looks good, then they'll go ahead and conditionally discharge all this, and you'll be good to go.

Okay. Thank you very much.

Thank you, sir. Thank you.

Thank you.

Enf dash PMT dash 26 dash 0, 0, 8771 dash 23502 glad and drive.

Morning morning morning ma'am. Can you please state your name for the record? Regina Thomas right? Please raise your right hand. Do you swear or affirm the testimony about to give us the truth? The whole truth and nothing but the truth.

Yes.

8 parties are sworn.

On six eleven twenty twenty six the second visit to the property a two hundred dollar penalty was placed for no compliance on cutting and or cleaning originally cited five fourteen twenty twenty six. We return to the property on august eleven twenty twenty six. It found no compliance, but a little bit of work had been done. I will get you photos of what remains in just a moment. Okay. Here we have some overgrowth and dead weeds and a log down the ground back here.

What's wrong with that?

That's a zoomed in photo. Of the same thing more, we are grass that's too tall and then more. Overgrowth and weeds, that's all we have at this time.

What was there? I know you've already stated it. I apologize. But what was the origination day for these violations?

Origination day was 5142026. so it looks like this is purely just yard work.

yeah so the inspector did say that there was some cutting done however there are still some weeds and then that downed log in the rear which has to be removed okay i i had a guy to come out and he charged me 975 dollars to clean up that and i just didn't he said he would get that log i had to kind of come up with the money to clean that up the log and he said it'd be an extra 250 dollars So, I think we're in the wrong business.

I think so.

How much time would you need to to get the rest of that taken care of?

Um, I'm not for sure because my son has a. 1 of those chainsaw things, and he cleaned it up and we cleaned all of that up before I came that right there that particular point. I got pictures and I just got to get the log and I guess what you saw on the side of the house. That right there. Yeah, that.

Okay. Show me pictures of what you've got. My God also, I was turning my. Yeah.

I didn't get the log, though, because the log is kind of, you know.

Okay, we're making progress.

Yes. Okay. Well.

Is the county agreeable to give her, say, 60 days to get it.

How what's your recommendation in terms of the well, are we just talking about a log at this point?

Those weeks there in the.

Long in the back, and then the picture she showed did show that that was cut. So that that that picture up there is good now.

So, I will just say 30 days, I mean, mainly, I think the main focus would just be on keeping it cut and we needed the log would if if we need 60 days for the law would be nice.

But in the meantime, I mean, that logs.

I don't think anyone would have noticed it if it weren't for the fact that it hasn't been cut and we needed it.

Exactly. so what are we doing um october 9th i'm sorry september 11th september that would be fine with us i'm gonna push this out to september the 11th i'm not as worried about the log as i am everything else to make it nice and clean all the weeds down the stuff out of the drive i mean i saw your pictures you're heading in the right direction you're making great strides Apparently somebody in the neighborhood is watching. So let's get it knocked out so then I can give you some more time on the log and then we can get you off the docket. I don't have taking money out of your pocket, okay?

Okay, so just remove the log and what's on the side of the house, I guess.

Get everything else knocked down and make it look pretty, okay?

Okay, thank you so much. I appreciate it.

I'll give her status. So in the matter of NF-PMET-26-008771-2, the address being 3502 Gladden Drive, I'm going to push this out to the September 11th date for a status. And we're going to make it nice and pretty, and we'll talk about the log. You might get the log done before then. That would be great. But if not, then I can give you a little more time to address the log, okay?

Okay. Do I need to return or not?

Well, what I would do if you get this taken care of beforehand, I would call your inspector and have them come out and take a look.

Okay. Okay. Thank you so very much. You're welcome.

Next case. Is there anyone online?

Anyone online whose case has not been called? Yes. Yes.

Which 1 do we want to go with?

What address are you here for? 1541 Oak street.

Centennial Baptist church.

Yes, what page is the 1st page 2nd, 1 from the bottom.

So, dash dash 2, 6, 0, 1, 0, 1, 8, 4, 5, 1541 Oak street. Yes.

And good morning, sir. What, uh, what's your name?

Wilbur Browning.

Okay. And what's your affiliation with the property?

Pastor of the church.

Okay. Are you an attorney or do you have an attorney present with you?

I'm not an attorney. I don't have an attorney with me.

Okay, so unfortunately, when a property is not held an individual's name, even if it's a church, you're going to have to have an attorney present with you. The board can't take any testimony from you without an attorney. I believe typically the board gives 30 days for 1st time. Okay.

Is there something new? Because.

This is Kentucky Supreme court law. This is. been on the books for a few years.

One thing that we could offer is if Lakin wants to go through the actual violations, it might be a situation where they could get this taken care of, meet with the officer prior to the next date.

I've already met with the officer.

Hold on, sir. The only issue is that he can't offer any commentary. Right.

Right.

I'm sorry. I know what you mean. Okay. Yeah. So also, as an alternate

Pastor, what we're trying to do is trying to help you out so you don't have to have an attorney in 30 days. If you can get everything corrected between now and September 11th, then you wouldn't have to come back, you wouldn't have to have an attorney, but it's a matter of do you know of all the things that need to be corrected prior to that, of why you're here today. So if that was all cleared up before the next court date, then you'd be off the docket.

Well, if you take any testimony from, I understand that, but. That's not our property that the violation is not our property.

Unfortunately, I think that still counts as testimony.

Oh, we can see him. I keep forgetting to look at my computer.

Well, I might be able to.

Are you saying that 1540? Well, I'm asking a question.

You can't ask that question. You can't answer it. I think we just passed to the 30 days.

Okay. All right. Well, in that case, in the matter of VNF-PMAT-26-010184-5, the address being 1541 Oak Street, I'm going to pass this until September the 11th for either this to resolve or for an attorney present.

Okay.

Thank you, sir. Next case.

Is there anyone else online? Yes.

Frank Peabody.

What's the address 1, 1, 1.

South 20th street enough dash dash 2, 5, dash 0, 1, 5, 1, 2, 0, dash 1, 9, 1, 1, 1, 20th street.

Sir, can you please state your name for the record?

Frank.

Okay, and what's your affiliation with the property?

I work for the lender of the.

So, the owner, okay, so you are not the owner.

I am not the owner.

Okay.

So, as you might have just heard, if someone is present, and they are not the individual owner of the property, we can't take testimony from you without an attorney present.

Okay, is this how many.

Is the 1st time can we go through what what's going on at the property before we kind of figure out. Next steps.

Is this the 1st appeal? Yeah.

Are we allowed to go over the violations if we're not able to?

I don't think we're going to prove the violations, but I'd kind of like to know whether or not we're dealing with safety issues or what's the extent of the problem.

So, yeah, this 1 is just. Weeds and overgrowth and some siding that's missing and hanging down. That's that's all it is.

How long has it been ongoing?

Um, the cleaning was cited since 622. And the exterior services have been cited since 8, 8, 2025.

If we're going to pass it out as for a very, very short past date. 30 days 30 days 30 days for an attorney or whatever is the sure they don't even need to they just need the owner to show up the owner of the property mr walker needs to yeah can we do it with with grass of this when the violations have been ongoing for this long i feel like it's a benefit to the you almost incentivize people not showing up so they can just buy themselves another 30 days to deal with problems that they should have already dealt with you said 2022 is that uh 2025 Oh, I'm sorry. I misunderstood.

So 30 days for an attorney or the owner. Okay. So in the case of ENF-PMNT-25-015120-19, address being 111 South 20th Street, we are going to take this out to the 9-11 date for either the owner to be here or an attorney.

Thank you.

Thank you.

Anyone else online? Anyone else online whose case has not been called?

Edward Bowden.

Okay, so we're doing 419 Wood Road first. Okay.

Okay.

You know, that's payment area.

I'm sorry.

Hold on about in your camera is off and I've not sworn you in yet. Okay.

Okay.

Good enough dash PM and T dash 2, 5, dash 0, 0, 9, 1, 4, 6, dash 3, 0, 4, 1, 9 wood road and also in a dash PM and T dash 2, 5, dash 0, 0, 9, 1, 4, 6, dash 3, 3, 4, 1, 9 wood road.

All right Mr. Bowden, I need you to turn your camera on please.

Okay.

All right, please state your name for the record.

Edward Bowden.

Please raise your right hand. I need to be able to see your right hand Mr. Bowden. Do you swear or affirm the testimony you're about to give us the truth, the whole truth and nothing about the truth?

I do.

Great Thank you. There are 2 citations I will read both in a row and these are set for total compliance today on 6, 8, 20, 26, the 30th visit to the property. A 700 dollar penalty was. Placed for no compliance on cutting and or cleaning originally cited 6, 3, 20, 26. no compliance for vehicles on the property originally cited five twenty eight twenty twenty six we return to the property on seven twenty nine

Give me just a 2nd, to get this return pulled up.

We return to the property Wednesday of this week, 8, 11, 2026 and found. Total compliance on the securing and cutting and cleaning due to the city had to clean and board. However, it is back out of compliance needing cleaning again. So, I will give you photos of that and just a 2nd.

These were taken 2 days ago.

So the appeal is for violations that the city had abated and it is back out of compliance. As you can see, there is some debris and there is tall grass. Here's more to all grass and weeds and debris stored in the back there. More debris and weeds, more debris and weeds.

Like, and what date did the did Metro go out there and clean it up?

Give me just a 2nd, property was boarded on 728, 2026. The cleaning was completed on 7, 2026. yeah, it is. Back in the same state that it was before.

Just to clarify, you're saying Louisville Metro went out and yes, work orders that were put in.

These were referrals that he's appealing and the city went out and did the work and it is yet again cited for the same exact things.

The work second week of July and we're already back to where we were.

Yes. And this is set for total compliance.

Okay. So would the, the boarding fee and the cutting fee be in addition to the fines or is that included in the fines?

I cannot speak to that. I'm not sure how it works with through. I guess we can look at the they've they've appealed that the work fees are not appealable. It's the citation fee that's being appealed. Yeah, so.

I don't want to cut off Mr bound if he has something he wants to say, but it seems like an obvious one that we would want to. Uphold when you get to the point where the city is actually taking care of your property, and then you're ignoring the city, taking care of your property and letting it return back to the state that it was. I don't really see any room for us to to work with that owner anymore.

Go ahead.

Go ahead, sir.

I was going to ask because I'm at wisteria if we could do that 1st.

No, sir, we're already doing wood road.

Well. Okay, it's the back lot. It'll take me a minute to walk there. The reason I ask is because I'm at Wisteria right now, and I want to show you.

I'm not taking evidence on Wisteria. We're hearing Wood Road right now. So do you have anything to say about Wood Road?

Oh, yes, absolutely. I just have to go back there so I can show you.

I quite honestly, I don't think it's relevant if he did clean it up. This is an ongoing issue when they went back there August. What's the point of that? We're just going to have to cite him and then maybe we'll have to clean up. Maybe we won't. And then he'll come up on the day of that.

He wants to present some evidence he can, but I'm not going to wait 20, 30 minutes for, for, for evidence to be presented. It should already be here. County's got their evidence. I see that. Go ahead. Whatever you got, Mr. Bowden.

I was just trying to turn my camera around. I guess I'm not able to, um, do you know, is that something people can do? I can just use the front facing cameras. Okay. Let me see if I can make it bigger so I can see is my, is my camera still there?

I still see you, sir. Yes.

Okay. When I tried to make it bigger so that I can see it, it went away. Um, Okay. I'll just have to settle for a small, like it's like 20% of the screen that I can see. Um, so I'm approaching from the back because I was at wisteria, which is the, um, native habitat. It's a back adjoining lot to my house. Um, but here is, um,

Here's the backyard.

I guess from what I saw you saying that the trash, rubbish and debris, it looks like you're referring to my shed. Those things are inside the shed, okay? And I've got, There's nothing out front except that lawnmower. This stuff over here is under a lean-to. And so it is enclosed. I wasn't given...

Sir, a lean-to is not a secure structure. I mean, we can clearly see it, so it is not enclosed. It is completely visible.

Okay. So I need to just put walls on it. I can do that. I actually do want to improve that, but they...

I can look over your shoulder and clearly see that the grass is still extremely high and the lean-to is the lean-to, and we're on for total compliance.

It's not tall grass. I spoke with the sustainability executive director. It's part of the mayor's office, and he told me what to say regarding the native plant habitat. Okay.

So in the matter of ENF-PMAT-25-009146-30, the address being 419 Wood Road, I'm going to uphold the citation as the conditions did exist. The city came and fixed it, and we are back at the same condition prior to the city coming out and cutting. So I'm going to uphold the citation, the $700 fine. In the matter of ENF-PMT-25-009146-33, the address being 419 Wood Road, I'm going to uphold the citation as the conditions do exist, did exist. The city came out, rectified it, and we're back at it again. So I'm going to hold the $600 fine.

I didn't even get to finish my answer. Here is the native plant.

Sir, whatever answer you gave me was answered by the photos you have between the lean-to and the grass that I'm looking at.

But this isn't grass. This is the native plant habitat, and I can tell you the names.

And, sir, I've made a ruling. We're done with Wood Road. Do you want to go on to call the floor for Wisteria, please?

NF-PMNT-25-014580-15, NF-PMNT-25-014580-5, NF-PMNT-25-014580-6, and DNF-PMNT-25-014580-7, 414 Wisteria Avenue.

And Mr. Bowden has already been sworn in.

I'm going to read the lowest number citations in a row first, and then I will read the number 15 last. Is it my understanding that 5, 6 and 7 had previously been conditionally discharged, but we're back at 5, 6 and 7 are on for show cause visit 15 is the proof that it was not being maintained after discharge. So I will read 5, 6 and 7 and then I will read 15 and then we will read the return and then we will show the photos. So, on 9, 8, 2025, the 5th visit, a 500 dollar penalty was placed for no compliance on cutting or cleaning originally cited 8, 4, 2025. On 9, 16, 2025 on the 6th visit, a 600 dollar penalty was placed for no compliance on cutting or meaning originally cited 8, 4, 2025. On nine twenty three twenty twenty five the seventh visit a six hundred dollar penalty was placed for no compliance on cutting and or cleaning. Those were all previously conditionally discharged.

The full amounts were conditionally destroyed. Yes.

Okay. On eight twenty twenty six, the fifteenth visit a six hundred dollar penalty was placed for the same violation again. No compliance on cutting and or cleaning.

On.

wednesday 8 12 20 26 a return visit was completed and it was found to be in partial compliance five six and seven are on or discharged previously for compliance however the visit 15 that's also on for today shows that it did not remain in compliance per the 365 day request and i will get you photos in just a second Here we have some overgrowth more overgrowth with a managed landscape sign. More overgrowth and then more overgrowth. And these photos show that this does not meet the requirements for a managed landscape and remains out of compliance. Silence.

And these are from August, it looks like 12th.

Yes, these were taken all these were taken 2 days ago by miss.

And I assume that the argument is going to be that this is a managed landscape. Is there a basis for why you say it doesn't meet those?

So managed landscapes have to be cut back 5 feet or more from all budding property lines. Managed landscapes cannot have any noxious weeds or grass. They are only to be native local plants that are to be trimmed a certain time of year. The managed landscapes also have to have a border and a proper signage. It appears Mr. Bowden put a sign in. However, that does not make it. to the requirements and there are noxious weeds as well so this will still remain out of compliance and we ask for uphold miss burnett what is actually the border that is required just any type of um border you can get at the store um you know like a guard like yes like a garden edging it has to be edged and bordered properly with proper signage proper plants and it must be set back five feet from all surrounding property lines

okay mr howard anything to add nothing further mr bowden uh i do meet all those requirements um i can get a tape measure and show the property lines by the way what i've been showing you is bernonia and it's not a noxious weed that's the primary native plant that is here. And the second one that's back there is goldenrod, which is the Kentucky state flower. It blooms in August through September. It hasn't bloomed yet for this season. This is the property line markers. There's another up there. Is that visible? Both of them? There's a third one back there. I have a tape measure. I can get that, but it is more than five feet from this marker to the border. And I also have five feet at the front, which is mowed turf grass.

It's still not compliant.

Now here we have the Brinonia again. Some of these have not bloomed, so it may be hard to tell. They have purple flowers. This one from a distance, it might look like a weed, but it's not. It's Brinonia. And here's the buds just starting. And here's some that have already flowered, but it is the same plant and it's not noxious.

So visit 15 is set for total compliance and the others are show cause, um, and. The citation on 15 shows that it was not being maintained.

It is still missing the border and we still believe there are doctors weeds.

Intermittently throughout those flowering budding plants. So this still remains out of compliance.

What is the proper signage that's to be used?

He does have his sustainability managed landscape sign. However, it still is not properly bordered.

Okay.

So we're not bordered and we still have noxious weeds according to the inspector.

Yes, this is from Ms. Goatley. Ms. Goatley has been doing all the inspections and trying to work with him.

This is a list of the noxious weeds. Johnson grass, giant foxtail, Canada. Are these visible? Can you?

It's a statutory thing, we understand.

Okay. None of these are present. It's very meticulous work. And it's more work than mowing. You know, because you have, I'm sure you can imagine how it's a lot more work to go through and pick out what's not allowed. But I do it for the environment, for your all's clean air. Uh, to prevent, you know, erosion and. Watershed, uh, water and soil conservation district supports this. I've spoken with them as well. And so I know what's allowed.

And the last time I was here when we set up for total compliance, we basically said the border is the issue.

He's trying to say that there's no grass, but the grass has to be 2 feet and it has to be directly a button a native point.

We don't have.

And this one right here is called oriental lady's thumb. And it's a good pollinator, which of course is good for bees and butterflies.

Yeah, so it's clear you can tell from the photos that it's not properly bordered and I know I've brought up the border multiple times that the border must must must be present and there is still not a border there.

And I believe I'm a. Whatever a plant expert, but it does appear to be just a bunch of weeds. Maybe there's some some flowers mixed in there, but, uh. It looks out of control to me, but I think the border is a saving grace for us if we're not able to establish what's the difference between a weed and a flower, though they just appear to be a bunch of weeds. But nonetheless, this has been ongoing for...

This border, I know for a fact, has been multiple times for the border, and there's still not a border.

The Ordner states that two feet of mowed turf grass can count as a border.

Only if it directly abuts a native plant. and it has to be at least two feet of mowed turf grass.

Right, but these are native plants.

Are you saying that the entire perimeter of this area are all native plants?

Yes. This is goldenrod.

All the wispy stuff? Yeah.

Just a second, I'll find. I have a list of them. I can tell you what that is.

Is that grass even fully mowed and maintained?

The border, if he's even going to count that as a border, is not properly, it's not mowed down.

It is mowed right here.

I'm going by the pictures, Mr. Bowden, of what the investigator did.

That picture right there? It was mowed before she was here. Okay.

I don't disagree with the notion that we're on for show cause. So this is the date that she was back there on August 12th. If there's confusion as to whether or not these are weeds or not, and we need Tammy to come here. I mean, they appear to be weeds to me, but again, I'm not.

According to her, what she, her testimony is they are weeds. I mean, she's just not here to testify today. Right.

I'm looking at the same thing. Tammy was looking at and I'm testifying that there are weeds within. Okay.

But she didn't know what any of the plants were.

except the hosta and that's because my brother pointed it out to her and told her what it was previous inspections show the same thing my testimony is matching tammy's testimony is matching the photos match it is we are stating that it is still out of compliance whether it's a little bit or a lot of it we are stating it is still out of the question yeah but i have tried to get people from

the Office of Sustainability here to identify these things. I don't know what more I can do. I'm showing them here. I'm naming them.

Well, apparently you've had conversations with the director, so I don't see why you haven't been able to get people there to ascertain that that is a completely 100% native bed with no weeds.

They're really hard to reach. They used to have five supporting staff and now they're down to two. And I've called repeatedly. I was given the number of Maria Tori. I called her, left voicemails in her mailbox for two weeks before I was told by Heather, the director's assistant, that she's no longer with us and that three of the people have had to been let go. And I was told by Soil and Conservation it's due to budgetary. So it's just, and I did ask the director if he could come out. He just, I don't know. He, I mean, he, how can, I can't force him to come out. He told me what to do and to name the native plants and to show them to you. Right.

Yes. Right. And again.

Mr. Howard?

I mean, looking from the pictures, I'm sure there are native flowers in there, but it looks just a mix of weeds and potentially native flowers.

I would love to have an expert. If there's any way we can have that done, if you could get someone from sustainability, I would be more than happy to meet them here. But Heather told me, and she's the assistant to the director, she told me that They tried to train the code enforcement people, but it was hard to do. I don't know how long it's been since that's been done, but I would be more than happy to meet if it can be arranged.

The office he is speaking of, they are the ones who have trained us on identifying what is and is not here.

They are the ones who have trained us to understand what we're looking at here.

We are still saying the stating that this is not totally compliant. There has been some progress. However, there are still weeks.

Well, what is the name of the weed that you're seeing?

That's what I mean. Yeah.

We just keep taking the scan down the road.

Make sure what's in I want to know what so that's the 28th. Ask me that.

We need to get him in.

Okay. So, I'll give him to the 20 to get a horticulturist at his expense out there to verify that there are absolutely no weeds in there. This can't be just some local neighbor or something where it's a piece of notebook paper. This has got to be. And we also need to have Tammy in here. Yeah, I do agree with.

Okay, because she can. Yeah.

So Mr. Bowden, in the matter of ENF-PMET-25-014580-567 and 15, I am going to pass this to the 28th of August, which is two weeks. And during that two weeks, you need to get a horticulturist, a certified horticulturist, at your expense to verify there are no weeds in that environment. If you fail to do so, and this is on for total compliance, and that will pretty much tie my hands and I will have to uphold all of these as well as the ones that have been conditionally discharged in the past. Also, we'll have Ms. Goatley here present to also testify on this.

Before I do that, could I have someone, Ms. Goatley, to point out which ones that she claims are?

No, sir. It is on you to get a certified accredited horticulturist, not just somebody who knows plants, somebody that actually has a degree, somebody who has working knowledge. To put on paper. That there are no weeds. In that bed whatsoever. Okay.

See this bee. Sir.

I'm done with you. I've given you an option. If you don't like that option. I can go ahead and invoke all the fines right now. I'm giving you the benefit of a doubt. Standing on the gallows. Giving you a benefit of a doubt. You can either take it. Or not. What's it going to be?

If that's the only option, then yeah.

That's your only option, sir.

We've redocketed for TC three times and we keep coming in for TC and then he gets another status.

We're looking at $2,400 real quick. Do you want to pay $2,400 today or do you want two weeks to get a horticulturist out there?

No, I can't. I'm very budget challenged. I'm having trouble working.

I asked you a question. It's a yes or no question, Mr. Bowden.

I said yes, if that's the only option you're giving me.

That is your only option.

Okay.

So those four cases we're going to pass to the 28th for total compliance on 15, 5, 6, and 7 are conditionally discharged that have now came back up for the same event. And they also come back into play. So we will see you back on the 28th. We'll have Ms. Goatley here on the 28th and I hope by then you will have a report from a certified accredited horticulturist.

Tammy and I both will not be here on the 28th. I believe she's on vacation. She's not going to be at work at all. Neither will I.

That's the following Friday.

It needs to be there set. If you're asking me, I'd say set it before that date.

Because we've had