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Proceedings, Escambia County
Code Enorcement Office vs. Benjamin and Flora Davis, CASE NO. : 2000-10-317
June 17th, 2001.
EXCERPTS OF PROCEEDINGS
SPECIAL MASTER: I'll call the meeting to order.
(The following oath was administered to the Special Master: I do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution of the State of Florida and that I will faithfully discharge the duties of the Office of Code Enforcement Special Master according to the best of my ability.)
SPECIAL MASTER: I swear. Good afternoon. I'm Pam Payne. I have been appointed the Environmental Code Enforcement Special Master for today. An Environment Code Enforcement Special Master or hearing board is required by Chapter 162 of the Florida Statutes. Ordinance 97-60 of the Escambia County Code of Ordinances states that a Special Master shall be appointed. I am not an employee of the county. The county contracts with and authorizes me to provide these services.
There were six alleged violations on the agenda this afternoon; that has been reduced to two. The first is a continuation from the April 17th hearing, that is Number 2000-10-0317, Timothy and Flora Jean Davis, 23 Pen Haven Drive, Pensacola.
If you would like to come to the table at this time and be sworn in. Are you going to have any others, other than yourself testifying today?
MR. DAVIS: Yes.
SPECIAL MASTER: All that plan on doing so, including Mr. Parker, could be sworn in at this time.
{Witnesses sworn.)
SPECIAL MASTER: The alleged violation is of Section 7.04.1 of the Land Development Code. That section provides that the maximum height of fences constructed in residential districts shall be four feet for open wire fences and hedges, which this is, in the front yard, six feet on the side yard and six feet in the rear yard.
On April 17th,
Mr. and Mrs. Davis presented Section 588.01 of the Florida Statutes,
which was entitled Requirements of General Fence. This statute appeared
to be at variance from the ordinance and we continued the hearing to
enable Mr. Parker to confer with the county attorney so that this afternoon
the apparent inconsistencies could be addressed.
On April 19th, I wrote to the parties, Mr. and Mrs. Davis and Mr. Parker,
specifically requesting authority for Mr. Parker's presentation. If
you would like a copy of that letter put into the file,
I'd be happy to do that or if you brought yours, whichever. Any requests therefore?
DR. DEAN: Is this a letter from the county attorney?
SPECIAL MASTER: No. This is a letter from me as the Special Master. I had requested at the previous hearing, the first, that he provide legal authority for the questions raised by Mr. and Mrs. Davis and, in that letter, I just basically outlined what I was requesting and how I would like him to present it.
Okay. Would the Davises and then this party that's with you who has just spoken --did you know his name? You know his name. Okay, you're ahead of me. If you could introduce yourselves, please.
MR. DAVIS: I'm Timothy Davis.
SPECIAL MASTER: How do you do, Mr. Davis. Good to see you again.
MRS. DAVIS: Flora Davis.
SPECIAL MASTER: You don't go by Flora Jean?
MRS. DAVIS: Flora Jean Davis.
DR. DEAN: Ward Dean, and my address is 8*** Burning ******* ****, Pensacola.
SPECIAL MASTER: Is that close to the residence that we’re now…
DR. DEAN: No.
SPECIAL MASTER: No. Okay. Mr. Parker, if you could assist me with your presentation.
OFFICER PARKER: Well, my presentation is still the same. I haven't had --I was under the assumption that you were going to be looking into it. That was the assumption I was going under, that you were going to look into it as far as the statute was concerned on making the ruling.
SPECIAL MASTER: I'm not a party to this action. I don't do that. I asked at the previous hearing, not once but three times, because I've gone over the deposition, for legal authority in response to what the Davises brought.
OFFICER PARKER: I haven't talked to the county attorney on this part --on that part of it.
SPECIAL MASTER: Okay. I think we'll have to dismiss this action then. Okay.
I thank you for coming down today. The matter is dismissed.
MS. REBER: I'll mail a dismissal in the mail. (Case 2000-10-0317 concluded at 1 :38 p.m. ; the proceedings continued, not requested to be transcribed.)
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