Okay, I'm gonna call this hearing to order on Wednesday, February 25th, 2026 at 1030 a.m.

Uh good morning.

My name is Ryan Fong.

I'm a Florida Bar licensed attorney, and I've been appointed by the City of Ocala as magistrate for today's code enforcement hearings.

While formal rules of evidence do not apply, due process will be observed.

Only those that have a case on today's docket will have a chance to speak, or if you are a witness called to testify about that case.

The city will present its evidence first, and you will then have an opportunity to respond.

I will then consider the evidence and testimony presented and render my ruling, and a copy of my ruling will be mailed to you.

Thank you.

Okay, so let's see.

Where do I have this?

Um Mr.

Hollinsworth, I see that there were a couple of removals from the docket today.

Is that correct?

That's correct, Your Honor.

I don't have those case numbers in front of me, or administrative staff may, but that is correct.

We do have a couple removals.

Okay, thank you.

Um I've reviewed the minutes from the last hearing on January 28th, 2026, and I will approve those minutes as presented and the proof of publication 0225-20261030.

Um I will confirm that that was uh posted.

And at this point, I will swear in the officers that will testify on behalf of the city.

Okay, the city can present its first case.

For the record, Dale Hollingsworth, Jennifer Buller, Rob Moore, Stephanie Smith, Osias Ferrera, Jeff Gilbo, Steve Knight, Charles Hannah, and Greg McClellan accepted the oath.

Good morning, your honor.

My name is Dale Hollingsworth.

I'm the duly appointed chief code official, and the manager of our code enforcement division will lead the presentation of our cases this morning.

Uh as stated, we'll proceed in the order for which representation has arrived.

That'll put us beginning with case CE26-0078.

CE26-0078s, the city of Ocala, and Code Supervisor Jennifer Buller versus John H.

Gannum.

The violations are 3495, weeds, accumulations of trash, or other unsightly or unsanitary matter.

In section 82-3, barbed wire, electrified fences, razor wire, and fences or walls.

Specifically for that one, there's a uh dilapidated chain link fence that is being referenced specifically.

For this particular case, uh, I'll start with uh a quick uh history on it.

A separate case number 2024-11188.

This was a case opened against this property and Mr.

John Gannum in June of 2024, due to a citizen complaint of overgrowth encroaching into the rights of way and upon exit from Northwest 31st Street, proceeding east, attempting to turn on to Northwest Martin Luther King Avenue.

September 6, 2024, that case was closed, noting only a closure pending response from our legal team, and we'll reopen the case when that response is received, confirming the appropriate respondents.

Uh the overgrowth violations did continue and did still exist at that closure, but it was only closed as a matter of uh awaiting legal response to ensure that we were citing the correct respondents in this case based off some uh question of easements, etc.

So in January 21st, 2026, this year case CE 26078, the one we're hearing this morning was open as a continuance from that previous 2024 case.

After uh additional complaints were received regarding that same overgrowth at the location.

An inspection was conducted by Code Supervisor Buller, confirming the violations existed as previously documented, and she proceeded with enforcement action, including proper legal service being met by both certified mail signature for receipt and by posting of the notices in accordance with Florida Statutes Chapter 162.

Emails were also reviewed.

They were received in August of 2024 from our city attorney's office, which concluded that based on all things considered, Mr.

Gannam was the correct person to cite as a respondent and violator of the violations at this property, regardless of its claims of any currently filed or act of easements limiting his access and control.

We're also now aware, Mr.

Gannum.

Um, just for the record uh and for potential conversation later on this morning, uh submitted a letter to the city demanding individuals be subpoenaed for testimony in this case to further delay the case.

During a brief review of those names, all do appear to be city employees.

This is information for the magistrate to consider.

They are city employees with the exception of Miss Christy Van Vliet, who was our previous assistant city city attorney who is no longer with the city of O'Cala.

Also to that note, uh reference in Florida statutes chapter 16208, the powers of enforcement boards.

Although you are a magistrate, uh statutorily, they are seen one and of the same.

So we would say boards, also indicative of the magistrate's authority.

Each enforcement board shall have the power to subpoena alleged violators and witnesses to its hearings.

Subpoenas may also be served by the sheriff of the county or police department of the municipality.

So while the magistrate has a power to subpoena witnesses based off the statute, we asked the magistrate to consider whether it's required in this particular case.

We also asked the magistrate to consider whether it's necessary to further delay or stall today's hearing, considering that time elapsed since the initial complaint was received on this matter in 2024.

And in that consideration, note that the individuals Mr.

Gannum seeks to subpoena have little or no relevance or provide any additional information that already presented in this hearing this morning and in the case file provided.