AFTERNOON. I WILL CALL TO ORDER THE REGULAR MEETING OF THE CODE ENFORCEMENT SPECIAL
[CALL TO ORDER]
[00:00:05]
MAGISTRATE FOR JANUARY 19 2022.I'M THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION IN CODE ENFORCEMENT LIENS.
THE GENERAL PROCEDURE IS AS THE APPLICANT WILL COME UP TO THE PODIUM AND WILL PRESENT THEIR CASE AS TO THE JUSTIFICATION TO REDUCE THE LANE AND THE CITY WILL RESPOND AND THEN YOU'LL HAVE AN OPPORTUNITY TO RESPOND AFTER THAT.
THAT'S JUST THE GENERAL PROCEDURE OF ANY QUESTIONS WHEN YOU COME UP.
FEEL FREE TO ASK ME, BUT THAT'S THE GENERAL PROCEDURE.
ANYBODY THAT'S GOING TO TESTIFY WILL NOW BE SWORN IN BY THE COURT.
[SWEARING IN]
PLEASE STAND AND RAISE YOUR RIGHT HAND.READY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU, GOD.
OUR FIRST CASE TO BE HEARD IS S.B.
[PETITION FOR RELIEF]
ONE NINE NINE FIVE EIGHT ONE NINE AT ONE ZERO ZERO FIVE DALAM AVENUE NORTHWEST AND THE CODE OFFICER IS ANGELICA'S NEED.STATE YOUR NAME AND ADDRESS, FOR THE RECORD.
BRENDAN LIBERTO 10, OH FIVE DARTMOUTH, NORTHWEST PALM BAY, FLORIDA.
OK. I I TOOK OVER RESIDENCE THERE FOR MY DAD.
HE STARTED GETTING IT IN TWENTY EIGHTEEN.
I WAS UNAWARE OF ALL THESE PROBLEMS. NOW I HAVE ALL THE DOCUMENTATION PLUS POWER OF ATTORNEY AND HIS PAPERS FROM MY DOCTOR FOR DIAGNOSIS, AND WE'RE NOW TRYING TO SELL THE HOUSE SO HE CAN LIVE WITH US.
AND THIS IS CAUSING A PROBLEM WITH THE FINES THAT HE HAS.
IT'S LIKE $19000 AND NOBODY WAS AWARE OF THIS.
SO I JUST NOW I'M GETTING WIND OF IT NOW, TRYING TO SELL THE HOUSE.
SO I DON'T THINK HE HAD ANY IDEA, NEITHER BEING THAT HE HAD DEMENTIA.
YES, SIR. WALKER'S DIAGNOSIS FROM 2019 AND ANOTHER ONE FOR 2020 ONE.
THEY LET THE RECORD SHOW THAT THE APPLICANT FOR THE REDUCTION HAS PROVIDED ME WITH THE COPY OF THE POWER OF ATTORNEY AND SOME MEDICAL RECORDS AND.
THAT. INFORMATION FOR ROMNEY, HEALTH CARE IS DATED MARCH OF 2019, INDICATING THAT HE.
PUNCH ISSUES. AT THE BEGINNING AT THAT.
UNDERSTANDING THE PROPERTIES AND COMPLIANCE AT THIS POINT IN TIME IS WHAT IS YOUR UNDERSTANDING OF THE PROPERTIES AND COMPLIANCE AT THIS TIME? YES. HAVE ANY.
INDEPENDENT KNOWLEDGE WHEN IT WAS BROUGHT INTO COMPLIANCE, I HAVE NO IDEA WHEN WE'RE WE'RE JUST NOW, WE'RE TRYING TO SELL IT AND GET HIM OUT OF DEBT AND HE'S GOING TO MOVE IN WITH ME. AND NOW THIS IS WHEN I'M FIGURING ALL THIS OUT.
MY REALTOR IS TELLING ME, WELL, IT'S A $19000 DEBT DUE TO THE CITY.
EVERYTHING FURTHER AT THIS TIME.
NO, SIR. AND WHAT'S THE CITY'S POSITION? PLEASE IDENTIFY YOURSELF, FOR THE RECORD.
ANGELICA SNEED, CODE COMPLIANCE OFFICER, CITY OF BOMBAY THE CITY HAS NO OBJECTIONS TO THE REDUCTION OF THIS LINE WITH THE UNDERSTANDING THAT ALL THE CITY'S OUT-OF-POCKET COSTS AND ADMINISTRATIVE FEES ARE COLLECTED, SO THE ADMINISTRATIVE FEES IS 750.
PLUS, 14 PERCENT OF THE TOTAL LEAN, WHICH IS ONE THOUSAND EIGHT HUNDRED AND FORTY FIVE DOLLARS. EIGHT, FORTY FIVE.
AN ADMINISTRATIVE FEES OF 750.
THE. ALMOST ONE OF THE PROPERTY COME INTO COMPLIANCE, MAY 7TH, 2020.
ANYTHING FURTHER FROM THE CITY? NO. DO YOU HAVE ANYTHING FURTHER YOU'D LIKE TO ADD? I DON'T KNOW THAT SEEMS A LITTLE PRICEY FOR SOMEBODY THAT HAS DEMENTIA OR MENTAL ILLNESS.
I HAVE NO IDEA ABOUT CUTTING GRASS.
YOU KNOW WHAT I MEAN? AND GRASS HAS BEEN CUT A LOT SINCE THEN.
I CAN ADD THAT BECAUSE I DID IT MYSELF.
I MEAN, THAT'S A LITTLE THAT'S A LITTLE BIT MUCH THERE.
DON'T YOU THINK FOR $800, FOR SOMEBODY WITH A MENTAL ILLNESS? HE HAD NO IDEA ABOUT GRASS, HE DOESN'T HAVE THE TIME, DOESN'T HAVE NO IDEA WHAT'S GOING ON DURING THE DAY, YOU KNOW WHAT I MEAN? AND I WOULD JUST SAY, YOU KNOW, IT'S NOT WHAT'S HAPPENING NOW IS WHAT HAPPENED.
[00:05:04]
WELL, I MEAN, HE WAS DIAGNOSED IN 2019, SO IT'S AN ONGOING.I'M JUST SAYING THAT'S THE RELEVANT TIME IS NOT NOW, IT'S WHAT WAS BACK THEN.
I JUST WANT TO LET YOU KNOW. OK, NOT TRYING TO ARGUE WITH YOU? YEAH, RIGHT. RIGHT? UM.
WHEN DID YOU START TAKING OVER? THEY'RE HERE OF THE PROPERTY, APPROXIMATELY.
THANK YOU. LATE 2019 OR EARLY 2020? THAT'S WHEN WE NOTICED THESE PROBLEMS BECAUSE HE HAD A HE'S GOT A FORECLOSURE ON THIS HOUSE, AND THAT'S WHEN WE FIGURED OUT SOMETHING WAS GOING ON AND WE STARTED TAKING HIM TO THE DOCTOR AND I HAD TO PAY A LAWYER TO KEEP HIS HOUSE.
AND NOW IT'S JUST IT'S JUST GOTTEN OUT OF CONTROL.
THEY WENT LIKE $1800 A MONTH FOR A 30 YEAR OLD HOUSE.
AND SO THAT'S WHAT WE'RE TRYING TO.
NOW WE'RE TRYING TO GET RID OF IT AND PUT WHATEVER WE CAN TO TO TAKE CARE OF HIM FOR THE REST OF HIS TIME. GRASS HAS BEEN CUT AND STUFF IN PROPERTY HAS BEEN TAKEN CARE OF AS WELL AS POSSIBLE SINCE SINCE ME AND MY FAMILY MOVED IN.
BASED ON THE TESTIMONY OF THE PARTIES, I'M GOING TO REDUCE THE FINE TO THE $750.
I'M NOT GOING TO IMPOSE PERCENTAGE OF THE FINES.
UM, BASED ON THE TESTIMONY AND THE EVIDENCE PRESENTED BY THE APPLICANT, THE.
FATHERS. OR OF HAVING DEMENTIA BEFORE THE ENFORCEMENT PROCESS WAS STARTED.
ANY ANY FINE, IN ADDITION TO THE.
ADMINISTRATIVE COSTS TAKES AWAY FROM THE ABILITY TO CARE FOR THE FATHER BECAUSE OF HIS CURRENT MENTAL HEALTH.
NORMALLY, WE REQUIRE THAT FINES BE PAID IN 30 DAYS.
IS THAT A PROBLEM? SHOULDN'T BE.
BETWEEN THE TWENTY EIGHT AND THIRTY FIRST.
YES. SO AS SOON AS THAT HAPPENS, I'LL TAKE CARE OF ALL OF THIS.
AND EVERY ALL OF HIS OTHER DEBTS ARE GOING TO BE CLEARED.
YOU KNOW, IF HIS HOUSE AND WHATEVER DEBTS HE HAS THIS AND SOME OTHER THINGS, HE HAD A SECOND MORTGAGE. SO I'M TRYING TO CLEAR ALL THAT UP AND GET STARTED WITH TAKING CARE OF MYSELF. AND HE'S JUST GOING TO LIVE WITH ME AND MY WIFE AND MY KIDS AND STUFF.
IT'S NOT PAID WITHIN THE 30 DAYS A CURRENT FINE GETS REINSTATED.
THAT'S THE ISSUE THERE. OK, WELL, I MEAN, IT'S WHAT I MEAN.
I'M NOT EXCUSE ME, I'M NOT TELLING YOU WHAT TO DO OR WHAT'S GOING TO HAPPEN, BUT A LOT OF TIMES. YOU HAVE YOUR CLOSING, THEY'RE GOING TO TAKE MONEY OUT OF.
OPPOSING PROCEEDS FOR THIS, RIGHT? YEAH, DEFINITELY, BECAUSE THEY NEED TO GET A SATISFACTION.
RIGHT? YEAH, THAT'S WHAT THEY TOLD ME.
THAT'S WHY WE HAD THE HEARING NOW BECAUSE I WAS I WAS SHOCKED.
SO WITH THAT, YOU THINK THAT THAT'S HOW THEY WOULD WORK IT WHEN THE CLOSING CLAMS? I DON'T KNOW. I'M JUST SAYING NORMALLY THAT WE DO REAL ESTATE AND I'M JUST TELLING, OK, OK. YEAH. THAT'S WHAT THEY SAID.
IT WOULD COME OUT. SO THAT'S WHY I SAY WHEN SHE TOLD US TO COME GET A HEARING AND TRY TO FIGURE IT OUT, SO IT WOULDN'T BE, THERE'LL BE AN ORDER ENTERED TO THAT EFFECT.
HAVE A GOOD DAY. ALL RIGHT, THANK.
THE NEXT CASE TO BE HEARD IS TWO ZERO FOUR, TWO THREE TWO ZERO AND FIVE POINT THIRTY FIVE CONSULATE AVENUE NORTHWEST.
THAT COULD OFFICER TODAY IS ANGELICA SNEAD AND THIS IS A PHONE CONFERENCE.
MR GREENFIELD, CAN YOU HEAR ME? THAT'S GREAT. YEAH, I'M ALL RIGHT.
[00:10:07]
I'M JUST GOING TO GO THROUGH A COUPLE OF THE PROCEDURAL ELEMENTS, AND THEN I'LL TURN IT OVER TO YOU. HOWEVER YOU WANT TO PROCEED, THE NORMAL PROCESS IS IS THAT YOU, AS THE APPLICANT, WILL PRESENT YOUR CASE FOR PURPOSES OF THE REDUCTION AND THE FINE, AND THEN THE CITY WILL RESPOND.AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND TO THE TESTIMONY GIVEN BY THE CITY.
IS THAT UNDERSTOOD? OK. THE OTHER QUESTION I HAVE IS, ARE YOU APPEARING AS A WITNESS OR ARE YOU JUST APPEARING AS COUNSEL? OK. YOU CAN GO AHEAD AND PROCEED THEN.
THAT YOU RECITED MULTIPLE FACTS, BUT I DON'T KNOW IF YOU WERE THE ONE THAT PERFORMED SOME OF THESE ACTIONS OR NOT, OR WHETHER YOU'RE.
HOW ARE YOU AWARE OF ALL OF THESE DATES AND.
THE THE THE THE THE PROBLEM IS I DON'T HAVE THE I DON'T HAVE ACCESS TO THOSE FILES SITTING HERE.
AND WHAT EVIDENCE DO YOU HAVE THAT $40000 WAS SPENT BY YOUR CLIENT?
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OR THE EXPENDITURE REPORT.[00:21:39]
YOU.GREENFIELD AND YOU EMAIL THE SUMMARY OF EXPENSES TO MHR.
[00:26:35]
OR IT WAS THE FIRST.OH, BECAUSE I DON'T KNOW THAT THAT'S PARTICULARLY RELEVANT.
I UNDERSTAND. ACTUALLY, WHILE WE'RE WAITING JUST FOR FUTURE REFERENCE, CONCERN I HAVE IS THAT. WHETHER IT'S IN A TRIAL COURT OR QUAYSIDE JUDICIAL PROCEEDING, WHICH IS WHAT THIS IS, ALL REPRESENTATIONS BY AN ATTORNEY ARE NOT CONSIDERED TO BE EVIDENCE.
WHY I'M ASKING WHERE THE INFORMATION IS THAT YOU'RE TALKING ABOUT BECAUSE.
TECHNICALLY, NOTHING THAT YOU SAY IS EVIDENT TO THE BODY.
GREENFIELD, WHO'S MR. WALLACH IN RELATION TO YOU? YEAH. WELL, ACTUALLY, HE'S AN ATTORNEY.
AND HE SIGNED ON SOME OF THE DOCUMENTS IN THE FORECLOSURE.
WHAT'S WHO? WHO IS HE, I MEAN, IS HE HOW DID YOU END UP WITH THIS CASE VERSUS HIM?
[00:30:22]
RIGHT.WHILE WE'RE WAITING STILL FOR THIS THING TO PRINT OFF, ARE YOU AWARE OF WHETHER OR NOT THERE WAS ANY COMMUNICATIONS BETWEEN YOUR CLIENT AND THE CITY OF PALM BAY WHEN ALL THIS WAS GOING ON? YOU SEE.
YOU AWARE? WELL, DID YOU APPEAR FOR THE CODE ENFORCEMENT BOARD HEARING? OH, IT'S FINE, WHATEVER, WHATEVER WORKS FOR YOU.
GO. ARE YOU AWARE WERE THERE ANYBODY APPEARED ON BEHALF OF YOUR CLIENT AT THE CODE ENFORCEMENT BOARD HEARING IN AUGUST OF 2020? JUST. AUGUST, AUGUST 2020.
SO WHAT I'M TRYING, WHAT I'M TRYING TO UNDERSTAND IS, IS WHETHER OR NOT ANYBODY APPEARED ON BEHALF OF YOUR CLIENT AT THE AUGUST 12, 2020, MEETING, THAT'S WHAT I'M TRYING TO.
[00:35:06]
ALL RIGHT, SO, YOU KNOW, THE CITY WAS ABLE TO PRINT OFF THE.HAVE ANYTHING FURTHER AT THIS POINT, SIR.
AND WHAT IS THE CITY'S POSITION REGARDING THIS? IDENTIFY YOURSELF, ANGELICA SNEAD, CODE COMPLIANCE OFFICER, CITY OF BOMBAY, THE CITY HAS NO OBJECTION IN A REDUCTION OF THIS LEAN, WITH THE UNDERSTANDING THAT ALL THE CITY'S OUT OF POCKET COSTS AND ADMINISTRATIVE FEES ARE COLLECTED.
ADMINISTRATIVE FEES OF SEVEN, 50 AND 14 PERCENT OF THE TOTAL LEAN, WHICH IS ONE THOUSAND NINE HUNDRED AND SEVENTY FIVE DOLLARS.
ONE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS.
THERE'S 14 PERCENT OF THE LEAN LEAN.
HE. PROPERTY OWNER HAD ISSUES TRYING TO GET POSSESSION OF THE PROPERTY.
I. UM, I AM NOT AWARE OF THAT YOU'RE I JUST HAVE IT THAT IT'S IN COMPLIANCE NOVEMBER 30TH, 2021.
THERE IS A NOTICE OF EXTENSION HERE ON APRIL 14, 2021.
THEY WERE GRANTED UNTIL JULY 13, 2021.
YOU SAY THERE WAS AN EXTENSION, WHAT WAS EXTENSION WAS GIVEN AND THE IT WAS IN FOR THE IMPOSITION, THE AUTHORIZATION TO IMPOSE FINES.
SO IT LOOKS LIKE ON APRIL 14, THE CASE WAS BROUGHT BEFORE THE CODE ENFORCEMENT BOARD HEARING AND THE BOARD DECIDED TO GRANT THE REQUEST.
THERE WAS A REQUEST TO HAVE AN EXTENSION AND THEY GAVE HIM A COMPLIANCE DATE OF JULY 13.
IT WAS THE FINE DEFERRED UNTIL JULY 13TH OF LAST YEAR, YES, A TWENTY TWENTY ONE.
WELL, BASICALLY THE FINES RAN FROM SEVEN THIRTEEN UNTIL 11:30.
YOU HAVE A RESPONSE, MR. GREENFIELD. GREENFIELD.
MR GREENFIELD. ARE YOU THERE? OK. DID YOU HAVE A RESPONSE OF THE CITY'S POSITION? THEY WANT $750 AS THEIR ADMINISTRATIVE COSTS, RECOUPMENT, PLUS 14 PERCENT OF THE LIEN, WHICH IS 1375 DOLLARS.
25. I MEAN, EXCUSE ME, EXCUSE ME, TWENTY SEVEN, SEVENTY FIVE.
I WILL ENTER AN ORDER REDUCING THE AMOUNT OF THE LEAN TO TWENTY SEVEN POINT SEVENTY FIVE.
UM, NORMALLY WE PUT IN THE ORDER TO BE PAID WITHIN 30 DAYS, IS THAT A PROBLEM? THERE'LL BE AN ORDER ENTERED TO THAT EFFECT.
HAVE A GOOD DAY. WE THAT'S THE END OF THE HEARINGS, AND I SIGNED THE MINUTES FOR THE LAST TWO MEETINGS IN 2021.
AND THAT'S THE END OF BUSINESS, AND IT'S 140.
* This transcript was compiled from uncorrected Closed Captioning.