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Overnight parking fines may force Kings Tacos to close or leave town

Posted 4/4/24

ORANGE PARK – The town council denied a lien reduction request made by the Kings Tacos food truck regarding $14,235 in overnight parking fines. The business owner appeared devastated Tuesday …

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Overnight parking fines may force Kings Tacos to close or leave town


Posted

ORANGE PARK – The town council denied a lien reduction request made by the Kings Tacos food truck regarding $14,235 in overnight parking fines. The business owner appeared devastated Tuesday night and has some doubts if her business can continue. 

The fine for unauthorized food truck parking is $100 a night.  

Shakila Mendez is the woman who has owned and operated the Kings Tacos food truck for five years since she was 19 years old. She said the truck had served 60,000 people and helped her through college. 

The food truck is typically at the BP gas station off Park Avenue. She said that construction made it difficult for her to back out and leave the premises. Her business had been aware of the mobile food vending code in December 2021; however, construction along the highway made moving the food truck at night difficult.

The BP gas station, not Kings Tacos, is the landowner.  Liens are always placed on the landowner, and Mendez said the landowner did not communicate the fines or the severity. She said the landowner told Kings Tacos to sort out the fines since the penalties were written for the truck's overnight parking. 

She wrote a letter to the town council dated March 8 expressing that sentiment: "The business is in danger of being forced to close permanently at its current location."

The letter continues, "Because construction was ongoing, there were frequent nights/days where the truck was completely blocked off, sometimes by heavy machinery."

"The furtherment of the claims of violation was also unbeknownst to Kings Tacos, as they are not listed property owners; therefore, they receive no correspondence from the town," Mendez wrote. 

Town Manager Sarah Campbell recommended the lien be paid in full. She pointed out additional concerns such as an unpermitted structure by the food truck and a raw extension cord that was buried beneath the ground. 

"These are safety issues for our community that deserve priority attention," Campbell said. 

"These fines were appropriately levied. Fair notice was given, and we followed proper due process and notifying in this case. I don't see any missteps from (Town of Orange Park) staff. It is up to the council how to handle this moving forward," she said. 

"They have great food and great customers, no one is arguing that. We just want it to be operated in a safe, code-compliant manner," she said. "The goal is compliance. Not punishment."

During the meeting, Mendez said the electrical work was permitted by a licensed contractor except for the electrical box. Mendez said it was an oversight the contractor made. 

The dais agreed that the property owner is ultimately responsible for the fines. No representative or owner from the BP gas station was at the meeting. From Mendez's testimony, the landowner is passing down the fees to the food truck. 

"I don't think it's the town's fault the property owner didn't notify their renter," Councilmember Winnette Sandlin said. 

"It's a hard decision. It's a hard thing to think about," she said. 

Mayor Randy Anderson cited an email in which Mendez asked the town manager for permission to leave the food truck overnight for two weeks because of an emergency. The town manager agreed, Anderson said. 

"My concern is here –  they knew the process. If you could not get out (because of construction on Park Avenue), why did you not contact the town manager?" 

Sandlin offered to establish a payment plan for the business. The fines do not accrue interest. She said it was a shame the landowner did not communicate with Kings Tacos.

"It's easier for us if you're in compliance. If nobody is complaining about the truck being left overnight. If nobody is complaining about the outlet. If nobody is complaining about the roof. That makes it a lot easier for us to deal with these liens," Councilmember Doug Benefield said. 

"I cannot support letting it go. I think it's not fair to the residents and businesses who are paying late fees and other kinds of things," Sandlin said. 

"The fine is about overnight parking for mobile food vendors. They are mobile for a reason. In this case, someone trying to establish a permanent restaurant is (getting around) your zoning laws, parking laws and property taxes. The staff has spent a lot of time on this. I don't think it's fair. Rent a vacant property for restaurants. We would love to have you," Campbell said. 

The town council voted unanimously to not grant a lien reduction. 

The Mendez family spoke to Clay Today following the decision.  Mendez's father felt betrayed, and he said the town's commitment to small businesses is insincere. 

"We're a small, local business. Every evening before the town council meeting starts, the mayor says, 'shop local,'" he said. 

The family is concerned if they can still stay in business. If they can, Mendez said there won't be any overnight parking violations ever again – because Kings Tacos will be gone. Her family is considering relocating the business to Duval County.

"My decision to move to Duval County is based on their differing views regarding food trucks. They are actually overwhelmingly welcoming to my type of business, and value what we bring to the communities around us. Something that hasn’t been shown to us from the town of Orange Park," Mendez said.