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SPECIAL. SPECIAL MAGISTRATE MEETING OF THE ORDER.
[CALL TO ORDER]
44. MY NAME IS FRANK SCAGLIONE.[SWEARING IN]
EVERYBODY THAT INTENDS TO.DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YOU MAY BE SEATED. THE FIRST CASE TO BE HEARD TONIGHT IS CB 1840117 AT
[PETITION FOR RELIEF]
1172 AL-MANAR AVENUE SOUTHEAST.AND WE ARE THE MANAGEMENT COMPANY FOR THE PROPERTY AT 1172 ALMANOR AVENUE.
AND WE HAVE HAD THE SAME TENANT IN THIS UNIT SINCE 2010.
AND I THINK THERE'S JUST BEEN A LOT OF HISTORY WITH UTILITIES AND TRASH BILLS AND THINGS LIKE THAT, AND I'LL GET INTO MORE OF THAT IF YOU'VE HAD A CHANCE TO REVIEW.
BUT THE TENANT WAS GOING TO PURCHASE THE HOME THIS PAST YEAR IN 2021 AFTER RENTING FOR A LONG TIME.
SO IT WAS A SURPRISE TO ALL OF US.
SO AFTER DOING SOME RESEARCH, YOU KNOW, OF COURSE, THE OWNER WAS QUITE UPSET BECAUSE THE LEASE STATES THAT THE TENANT IS GOING TO HAVE THE TRASH IN THEIR NAME. AND IT HAS BEEN THAT WAY SINCE DAY ONE.
BUT I THINK, YOU KNOW, WHEN IT FIRST HAPPENED, I THINK THE CITY TOOK OVER THE BILLING FOR THE WASTE MANAGEMENT AND LIKE 2010, OCTOBER 2010 AND HE LEASED SHORTLY AFTER THAT.
SO IT SHOULD HAVE BEEN IN HIS NAME.
AND THE BILL WAS GETTING PAID FROM 2010 TO LATE 2016.
CITY RECORDS DON'T GO BACK THAT FAR.
THEY CAN'T REALLY TELL WHO WAS MAKING THE PAYMENT AND AT SOME POINT THE BILL WASN'T BEING PAID.
I THINK THERE'S A TIMELINE ON THE THING.
I SUSPECT THAT THERE WAS PROBABLY SOME KIND OF NOTICE THAT WAS GIVEN TO THE TENANT.
THE OWNER DIDN'T GET IT BECAUSE THEY'RE OUT OF COUNTRY AND THE ADDRESS THAT THEY HAVE ON FILE WITH THE PROPERTY APPRAISERS WAS GOING TO A RELATIVE THAT WAS IN NORTH CAROLINA THAT HAD MOVED.
SO THEY WEREN'T GETTING THAT EITHER, JUST ONE SERIES OF EVENTS AFTER ANOTHER.
SO HE IT DID COME TO OUR ATTENTION.
WE DID, YOU KNOW, TRY TO REACH OUT TO THEM.
THE DEAL DID NOT GO THROUGH BECAUSE, OF COURSE, THIS IS HANGING OVER IT.
UH, WHEN WAS THE RASH SERVICE? UM. IT LOOKS LIKE.
HOLD ON A MINUTE. THE SEQUENCE OF EVENTS JUST CAME TO ME.
SO I GOT A INCLUDED IN THE PACKET AS AN EMAIL FROM ACTUALLY PALM BAY UTILITIES.
THAT GIVES KIND OF A TIMELINE OF EVENTS BECAUSE I WAS KIND OF TRYING TO WRAP MY HEAD AROUND IT, TOO.
LIKE, HOW DID THIS HAPPEN? YOU KNOW, LIKE WE DIDN'T KNOW ABOUT IT.
THE OWNER DIDN'T KNOW ABOUT IT.
SO ANYHOW, OCTOBER 2010, CITY OF PALM BAY STARTS BILLING.
PRIOR TO THAT, WASTE MANAGEMENT WAS THE BILLING.
SO IT SHOULD HAVE BEEN IN HIS NAME.
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WE USUALLY DON'T RELEASE KEYS TO ANYBODY WITHOUT HAVING PROOF THAT THEY'VE TURNED THOSE UTILITIES ON IN THEIR NAME.SO ON MARCH 23RD OF 2017, WHICH IS SEVEN YEARS LATER, AFTER THE TENANT'S BEEN IN THERE, WASTE MANAGEMENT SERVICES WERE INACTIVATED DUE TO NONPAYMENT AND THE TRASH CARTS WERE PICKED UP FROM THE PROPERTY.
MAYBE THEY'RE TAKING IT TO THEIR PARENTS HOUSE OR.
BUT, I MEAN, HE HE HE READ HE DID PUT IT BACK IN HIS NAME AT SOME POINT IN JANUARY OR JUNE OF 2020.
RIGHT. SO THERE'S A PERIOD OF TIME WHERE I GUESS THE TRASH WELL, THE TRASH CARTS WEREN'T RETRIEVED UNTIL JANUARY 23RD OF 2020.
SO THE CARTS WERE STILL THERE, EVEN THOUGH THE SERVICE HAD BEEN TERMINATED.
SO THAT 2017 THERE WAS A LETTER THAT WAS SENT TO THE MAILING ADDRESS FOR MR. CARDUCCI, THE OWNER, THAT HE WASN'T IN COMPLIANCE WITH THE ORDINANCE.
THAT'S THE ONE THAT WENT TO THE NORTH CAROLINA ADDRESS WHERE THE RELATIVE WAS NO LONGER AT.
ACCOUNTS WAS SENT TO THE CODE ENFORCEMENT DEPARTMENT FOR NONCOMPLIANCE IN JUNE OF 2017 AND THEN JULY OF 2019 OR JULY 19TH OF 2017.
SO SEPTEMBER 30TH, 2017, THE CITY STOPS BILLING CUSTOMERS FOR THE STORM WATER AND BEGINS COLLECTING THE PAYMENTS ON THE TAXES. SO BEING THAT ALL OF MR..
THESE ACCOUNTS WERE INACTIVE, THEY NEVER SENT A BILL TO HIM FOR THAT.
SO JANUARY 17TH, 2020, THE CITY IS NOTIFIED THAT THERE IS A TENANT AT THE PROPERTY.
IT WAS PROBABLY BY US BECAUSE HE IT COULD BE THE TENT OR IT COULD HAVE BEEN BY US OR BY THE TENANT.
I DON'T HAVE A RECORD OF IT, BUT I'M SURE THAT SOMEBODY GOT A NOTICE AT THAT POINT.
THE CARDS WERE RETRIEVED ON THE 23RD OF JANUARY OF 2020, AND THEN JUNE 4TH, 2020 IS WHEN THE TENANT, MR. HALLORAN, APPLIED FOR SERVICE AND PAID THE PAST DUE BALANCE.
THAT WAS ON THE ACCOUNT AND THE ACCOUNT WAS IN COMPLIANCE AS OF THAT DATE.
RIGHT. ON THE AFFIDAVIT OF COMPLIANCE.
OC RE-INSPECTION WAS PERFORMED ON JANUARY.
20. THAT'S ACCORDING TO CITY OF POMPEI UTILITY DEPARTMENT.
I'M JUST CURIOUS ABOUT WHAT WAS GOING ON AT.
AT THAT TIME WITH THE PROPERTY IN COMPLIANCE.
REALLY? NO, THAT'S IT AT THIS POINT.
I MEAN, IT WAS IT WAS BROUGHT INTO COMPLIANCE.
I THINK THE TENANT PAID THE PAST DUE CHARGES THAT WERE ACCUMULATED.
IT'S JUST THAT I THINK THE OWNERS NOT BEING AWARE OF THIS AND THE DAILY CHARGE OF WHATEVER IT WAS $11 A DAY FOR, I DON'T KNOW, THREE YEARS, IT'S JUST ESCALATED TO THE POINT WHERE IT'S, YOU KNOW, HALF THE VALUE OR MORE THAN HALF THE VALUE, NOT MORE THAN HALF NOW, BUT MAYBE A THIRD OF THE VALUE NOW.
CHARGES WERE THAT THE I DON'T KNOW THAT I DON'T KNOW BECAUSE IT WOULDN'T HAVE BEEN OUR BILL AND IT WOULDN'T HAVE BEEN MR. PRODUCTS BILL.
IT WOULD HAVE BEEN THE TENANTS BILL.
AND I TRIED TO GET HIM TO COME TODAY, BUT HE'S WORKING, SO.
OKAY. BALLARD PRESENTS CODE SUPERVISOR, CITY OF PALM BAY.
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ACTIVE IN THE COUNT WAS PAID.AND THE RESPONSE BACK FROM JILLIAN SAYS THAT THE COUNT REMAINS UNPAID.
OCTOBER 26, 2017 TO JANUARY 8TH, 2021.
IT WAS IN VIOLATION AND THE AMOUNTS TOTALED BACK TO APRIL 20TH OF 2022 SHOWS $62,509.93 IS WHAT'S OWED.
THE CITY HAS NO OBJECTION TO THE REDUCTION OF JUST THE ADMINISTRATIVE COSTS OF THE $750.
AM I CORRECT IN SAYING THAT THE CASE IS ACTIVE NOW THAT THE ACCOUNTS ARE ACTIVE AND FULL? WELL, WE GOT VERIFICATION FROM THE PALM BAY UTILITIES THAT THE TENANT ACTUALLY WAS IN COMPLIANCE JUNE 4TH OF 2020.
OKAY. SO THAT WOULD HAVE BEEN AFTER RIGHT NOW.
IS IT STILL ACTIVE? THE TRASH SERVICE IS STILL ACTIVE.
AND HE WILL BE VERY HAPPY TO HEAR THAT.
USUALLY IT'S 30 DAYS OR 60 DAYS, AND THEN IF IT'S NOT PAID IN THAT AMOUNT OF TIME, IT WOULD REVERT BACK TO THE 62,000. SO WE JUST NEED A TIME FRAME.
I APPRECIATE IT. THANK YOU VERY MUCH.
HOW ARE YOU DOING, SIR? HOW ARE YOU? THIS IS MY FIRST ONE OF THESE, JEAN.
YOU TOLD ME YOU'D BE NICE TO ME.
ALL RIGHT. I WORK FOR A GVL COMMUNITY.
EVIL IS A CORPORATION IT OWNS CURRENTLY OWNS 111 PROPERTIES IN BREVARD COUNTY.
WE TAKE CARE OF EVERYTHING AS SOON AS WE KNOW ABOUT IT.
WE HAVE ISSUES LIKE YOU'RE TALKING WITH CHEVRON'S CEO.
CORRECT. AND WE WERE MADE AWARE OF IT WHEN I MET HER.
THAT WAS A COUPLE OF MONTHS AGO, I THINK MAYBE THREE MONTHS AGO.
I'M SORRY. PARDON MY IGNORANCE, BUT CAN YOU EXPLAIN TO ME? SO I DIDN'T KNOW IT WAS SPELLED S.W.
ALY UNTIL I GOT THE THING FROM LISA WEATHERLY.
IT'S WHEN YOU IN FRONT OF YOUR PROPERTY, YOU HAVE A DITCH, A DRAINAGE DITCH.
THE TECHNICAL TERM FOR THAT IN PALM BAY IS SWALE.
YEAH. I HAD TO FIGURE IT OUT ABOUT TWO.
AND I'M NOT SURE HOW I FEEL ABOUT THAT OTHER THAN TEARING UP MY YARD.
BUT ONCE HE WAS MADE AWARE OF WHAT WAS GOING ON, FROM MY PERSPECTIVE, LISA WEATHERILL AND SHE'S A GREAT LADY AND SHE WORKS IN THERE AND CODE COMPLIANCE AND SHE IS SO HELPFUL. BUT I JUST FEEL LIKE THERE'S GOT TO BE A BETTER WAY THAT I CAN BE NOTIFIED OR WE CAN BE NOTIFIED SINCE WE HAVE SO MANY PROPERTIES AND WE PAY OUR TAXES LIKE CLOCKWORK AND WE WORK WITH THESE PEOPLE AS MUCH AS WE CAN.
IF THE GREEN CARD DOESN'T MAKE IT BACK TO US.
YOU KNOW, THERE'S GOT TO BE A BETTER WAY TO CERTIFY.
THE LETTER DOES GO AND I UNDERSTAND THAT.
BUT THERE AGAIN WERE 111 PROPERTIES AND HE'S IN MANHATTAN.
IF THERE WAS A STREAMLINE PROCESS TO WHERE, BY THE WAY, THIS VIOLATIONS HERE AND NOTHING'S HAPPENED.
I WISH THERE WAS SOMETHING WE CAN DO.
AND MAYBE THERE'S NOT. I DON'T KNOW.
WELL, I'M SURE THERE IS SOMETHING THAT COULD.
OH, YEAH. SO ANYWAY, THE LONG STORY SHORT OF THIS WAS, IS THEY.
THE DATE. IT WAS AUGUST SOMETHING OF LAST YEAR, AND WE'RE UP TO LIKE 80 $300 IN FINES AT $50 A DAY.
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I CAN'T BE AS LUCKY AS GETTING 60 GRAND WIPED OFF.I HAVE A VERY GOOD RELATIONSHIP WITH GENE.
NOW, I FINALLY KNOW WHO SHE IS.
I CAN GO TO HER. LISA IS THE SAME WAY.
LISA'S DOOR IS ALWAYS OPEN, SO WE'RE GETTING THERE.
BUT I'M STILL PAYING FOR PAST SINS.
SO IF WE CAN FIGURE SOMETHING OUT, IT WOULD REALLY BE APPRECIATED.
INSPECTION SHOWED THAT THE PROPERTY CLIENTS.
THAT'S WHEN IT STARTED UP. I THINK THAT'S WHEN THE FINES STARTED FOR MY CLIENTS.
HAVE. NO, BECAUSE I WORKED WITH WHEN WE FOUND OUT, I FOUND OUT ABOUT IT IN JANUARY.
AND WHEN HE CORRECTS IT, YOU CALL ME AND I'LL GO THE NEXT DAY.
AND THAT'S EXACTLY WHAT HAPPENED.
I HAVE NO PROBLEM WITH THAT END OF IT.
IT'S JUST A $50 A DAY FOR EVER.
NOT AS BAD AS THAT, LIKE I SAID.
BUT IT'S STILL IT'S STILL A LOT OF MONEY.
AND THE PROPERTY OWNER, UNFORTUNATELY, DOES LIVE IN NEW YORK.
THERE IS A COPY OF THE DELIVERY NOTIFICATION THAT IT WAS DELIVERED TO THE OWNER IN NEW YORK.
UNFORTUNATELY, WE'RE NOT ALLOWED TO JUST SEND LETTERS.
WE HAVE TO FOLLOW THE FLORIDA STATE STATUTE UNDER 62.
SO JUST SO YOU KNOW, IT WAS NOT IN VIOLATION OTHER THAN APPEARS SIX MONTHS.
AND THE CITY HAS NO OBJECTION.
IF YOU WOULD LIKE TO REDUCE THE LEAN TO THE ADMINISTRATIVE FEES OF THE $750 AS WELL.
IF THE CITY HAS NO OBJECTION TO THAT, THEN I'LL REDUCE THE.
ALL RIGHT, THEN THE MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.