Revocation procedure and enforcement of Lawrence Avenue conditions

2:28:12That concludes our agenda for today,

2:28:13Mr. Chairman Mariano.

2:28:17Oh sorry. Go ahead, Jamie.

2:28:20I mean I d I don't have a copy of the Lawrence approval, but what is the revocation procedure? What how does that look like that? Should

2:28:28should we wait for them to clear

2:28:28out so we can have a discussion on the

2:28:30case?

2:28:30I think that'd be good. We need to ask him to clear out.

2:28:35Please take your conversations outside.

2:28:41By the way, I forgot to introduce we have a law clerk with us for the summer, Ben Shilala, who's in the audience, so Oh

2:28:48Hey Ben.

2:28:52This is a great first meeting for you. Bring a chair for you next time. But but hopefully you're all in good behavior today while we have our law. Yeah. We usually I I thought we usually make them sing, you know.

2:29:05That's just like a thing. You're gonna have to sing us out when we close the meeting.

2:29:10Um I do have a copy of the approval and you can we can take enforcement action, but this is why I asked the question of our code enforcement officer what complaints have we had. You can't take enforcement action unless there's a demonstrated violation of the conditions of approval. I have not heard so far. We have some complaints. The complaints have been limited to parking and trash. We've investigated those complaints related to parking and trash and

2:29:40not found a violation. Now, I'm not disputing the neighbors. There may in fact be violations out there of those conditions and or others, but we have to prove them up before we we can take any enforcement action. Enforcement action revocation is just one of many forms of enforcement. There's due process, yeah. I mean we can cite them. We can bring them to court, we can cite them for violation of the conditions, we can bring an injunction. I mean there's I mean there's many things we can do, but

2:30:10all that starts with actually finding a violation and

2:30:19We haven't our code enforcement department has not found a violation of the ca of our conditions of approval.

2:30:26So

2:30:26question data. And the problem is that a lot of these neighbors have experienced things, but until recently, and there was one gentleman, Mr. Castro, that said he reported them, but He's the only one, apparently, that that actually reported this to code enforcement and that was apparently very recently.

2:30:43So And any alleged violations I will remind the citizens that they can at any time contact Code Enforcement regarding any alleged violations of the conditions of approval and

2:30:56David, because a question and John might have had the same question with this too, but as far as the elopements and and students leaving campus and the like, there's a condition in here of approval with that. I mean that's not necessarily gonna come to code enforcement though. That's gonna that's gonna be a police and we we do a document

2:31:12record.

2:31:16But that call wouldn't necessarily come to them. That's that's my point.

2:31:24That's what I'm saying.

2:31:25Yes.

2:31:27They can investigate whether they made that call within thirty minutes. Okay.

2:31:30David. Yes. At the risk of sounding overly critical of staff or and or the county attorney's office. One of the things I found disturbing In the easy one,

2:31:41please call it down.

2:31:43was the condition about the board member. There needed to be a board member that lived within twenty five hundred feet. And then what we find out is Well, The board met once a year. Yeah. I'm not sure that that was the intent of that condition that, well, we'll just have some You know

2:32:13I think that condition, if that's going to happen in future applications, needs to be

2:32:19At least quarterly, I would think.

2:32:20Yeah, there needs to be more frequent meetings and discussion about the operations.

2:32:25And if there's more issues, there are more options

2:32:30can participate in those that decision making process.

2:32:35Mm. Well, I think the intent also was that the resident would try to represent the interests of the neighborhood and express any resident concerns to the facility and apparently that's not occurring. So but I I don't disagree with you that it's probably not consistent with the intent, but I'm not sure that it violates the strict language of the condition. The the issue of the easement.

2:33:04I don't disagree with you, but that condition is what it is. Well uh for the future. In the future.

2:33:23that person is nominated. It should be a vote by everyone in the neighborhood as opposed to someone that the facility cherry picks to be on that board. So the person is representing the community. Truly represented by the community. Correct. David, you know you're in the middle of the year.

2:33:36Maybe they should be appointed by the Board of Commissioners to be on that board, no different than anybody here is appointed by the Board of Commissioners.

2:33:46So What I heard from the neighbors is the most disturbing issue is the fact that they're leaving apparently unsupervised and that the allegation is they're not making calls to the sheriff when they're leaving unsupervised. That as far as I can tell, that complaint has never made it to our code enforcement department.

2:34:04Mm-hmm.

2:34:06So That complaint has never made it to our code enforcement department. It's in our conditions of approval. If you m if you please I'm talking. Okay. This I'm not talking to you, I'm talking to the Planning Commission. So if you cannot speak out, I'd appreciate it. Um That complaint has never made it to our code enforcement department, and that's who the complaint needs to go to for them to investigate. He heard a code enforcement officer say the only complaints he's received are related to trash and parking.

2:34:37So

2:34:38Hopefully

2:34:39everyone's taking

2:34:39note.

2:34:40Can code enforcement request that information from the Sheriff's Department? And the Sheriff's Department provided to code enforcement.

2:34:48Yes, they can request information from each other, yes.

2:34:51Okay. Well then I would ask that the code enforcement Division speak with the Sheriff's Department.

2:34:57Well i I mean Okay, but again our code enforcement department is complaint driven. Okay, so They're they're gonna need to receive a complaint and Mr. Castro has apparently has started this process. So I commend him because of all the people that spoke today, he's the only one that said that he actually attempted to file a complaint on this issue. So thank you, Mr. Castro. In the residence defense. They may not have understanding that the right-of-way that he he's the a lot of them expressed concerns, but he's the only one that went that extra step

2:35:27to actually attempt to file a complaint with code enforcement. I don't realize he didn't get very far with it, but that's what needs to happen.

2:35:37something to happen with the Lawrence Avenue facility.

2:35:40Well and and not to get into gr a lot of detail here about code enforcement, but I mean, does code enforcement physically have to see the vehicle parked in the grass or in the street? Is a picture not? Valid proof that they were violating that condition?

2:36:00I don't

2:36:00know if you're

2:36:00still listening, but it b it may be.

2:36:04I mean, I think that's a good thing There was just all kinds of I mean the you know the disrespect the disrespect of the staff when people try to talk to 'em. I mean the testimony that was given uh you know, they're disrespectful of the people that asked 'em not to park on the grass. I mean

2:36:18Yeah.

2:36:19Just not being a good neighbor.

2:36:22Not to want to come back in and ask for another site.

2:36:25Or yeah. Additional capacity. Yeah.

2:36:30For those of you who took the time to be here, I thank you.

2:36:35Yeah, now you need to take it to the next step, go to the county commission meeting. Make sure you follow through on it. But uh if you want to do something to Try to get rid of the facility I thank you. Uh the county attorney has made it clear that you have to have Substantial combatant evidence and it has to be of record. So you can't just call the sh sheriff's department and hope that it's gonna get to code enforcement. You know, there's a procedure you have to follow. And

2:37:05if you don't follow it, you can't blame us, you can't blame somebody on staff here. You know, it's gonna have to be driven by your own or your own n neighbors and residences. So So now you know how to do it and what to do, I suggest you meet privately together and figure out what's your next plan of action.

2:37:27Yep. Once code enforcement receives that, they have to investigate it. So they'll s they'll have to see it through.

2:37:39what a resident does is we call 911 or we call a non-emergency line for assistance. So you're telling us that we have to do two calls.

2:37:54You have to get a you have to get a copy of the complaint that you filed and the report from the Sheriff's Office and take it to code enforcement. Correct. So they have a record of it. If you don't want to do that, then that's on you.

2:38:10And I and I got I'm gonna quit talking to you as an audience because we can't we're not supposed to do that. You know, we're not taking testimony and I don't want to hear any more conversation about it. I think we've just told you exactly what needs to be done. And I think we've given you a fair chance to e express your concerns and now it's up to you. So Yeah. Okay. Any other questions up here? If not, I hear a motion adjourned. Second.

2:38:41Second. All in favor? It's a unanimous second.

2:38:46That's right.