[00:00:01]
I LIKE TO CALL THE ORDER THE SPECIAL MAGISTRATE MEETING FOR AUGUST 17, 2022.
[CALL TO ORDER]
IT'S 1:00 PM.THE GENERAL PROCEDURE IS, IS THAT EVERYONE WILL GET SWORN IN THAT WILL BE TESTIFYING AND THE APPLICANT WILL COME FORWARD FIRST WHENEVER THEIR CASE IS CALLED, TO PRESENT THE EVIDENCE AS TO WHY.
THE CITY WILL THEN HAVE AN OPPORTUNITY TO RESPOND.
AND THEN AT THAT POINT THE APPLICANT CAN ALSO RESPOND TO THE INFORMATION THE CITY PROVIDED.
[SWEARING IN]
AT THIS POINT, WE'LL PROCEED AND HAVE THE PLAQUES WHERE EVERYONE IN.CAN YOU PLEASE STAND AND RAISE YOUR RIGHT HAND? YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THINK YOU MAY BE SEATED.
[PETITION FOR RELIEF]
THE FIRST CASE TO BE HEARD TODAY IS ITEM NUMBER ONE ON THE AGENDA AT CB 1872618 AT 1527 JUPITER BOULEVARD NORTHWEST. IDENTIFY YOURSELF AND YOUR ADDRESS, PLEASE.AND A FRIEND OF MR. DEL MAR LOPEZ.
SEE, THERE'S A POWER OF ATTORNEY GIVEN TO YOU TO SPEAK TODAY ON HIS BEHALF.
OKAY. I'M ASKING ON BEHALF OF MR. LOPEZ TO PLEASE REDUCE THE AMOUNT OWED TO THE CITY BECAUSE.
THIS FINE WAS DUE IN 2008 AND HE WAS VERY SICK IN 2008.
HE COULDN'T PAY FOR THE WATER.
AND THEN AS SOON AS HE COULD START WORKING, IT WAS JUST ENOUGH TO PROVIDE FOR HIS FAMILY.
ALSO HEALTH PROBLEMS. AND THEN THE PANDEMIC COMES AND THEN WAR WAS NO GOOD FOR EVERYBODY.
SO HE STRUGGLED FOR TWO MORE YEARS.
SO FINALLY HE DID THAT AND THEN NOW HE'S IN COMPLIANCE.
AND THAT'S WHY WE ARE ASKING REDUCE YOU KNOW THIS YOU OR THIS IS THE.
SIDDHARTH. SO THOSE ARE THE REASONS.
THAT'S WHY HE COULDN'T DO THIS BEFORE.
THEY THAT HE HAS TO PAY $5,000 TO GET THIS PIPE REMOVED AND PUT A NEW ONE.
VALERIE PRESENTS CODE COMPLIANCE SUPERVISOR.
IT IS UNDERSTOOD THAT THE OWNER HAS ALREADY PUT OUT $5,000 TO FIX THE CULVERT PIPE.
SO IF WE COULD JUST GET THE $780 BACK FOR THE ADMIN FEES, THAT WOULD BE ACCEPTABLE.
DO YOU HAVE ANY RESPONSE, MA'AM? NO, THAT'S FINE.
WHEREAS NOW, IN THE ORDER WE NORMALLY PUT IN THE ORDER, THAT HAS TO BE PAID WITHIN 30 DAYS.
AND IF IT'S NOT PAID WITHIN 30 DAYS AND THE CURRENT FINE WILL BE REINSTATED, IS THERE GOING TO BE A PROBLEM IN DOING THAT? NO, NO.
WE HAVE FRIENDS THAT CAN HELP, SO.
THEN THERE'LL BE AN ORDER ENTERED, AND.
AND MR. LOPEZ WILL BE PROVIDED A COPY OF THE ORDER.
I DO APPRECIATE IT. THANK YOU.
THE NEXT CASE TO BE HEARD IS ITEM NUMBER TWO ON THE AGENDA.
CB 19671-19 AT 2516 SECOND AVENUE NORTHEAST.
THE OWNER OF 2516 SECOND AVENUE, PALM BAY.
I SAW COMING IN TODAY ASKING TO REDUCE THE THE FINES FOR THE LIENS PUT ON THE PROPERTY.
[00:05:06]
WHEN I INITIALLY BOUGHT THE PROPERTY, I WENT THROUGH A TITLE COMPANY AND THEY ASSURED ME THERE WAS NO LIENS OR ANYTHING ON THE PROPERTY.BUT COME TO FIND OUT, I HAD MY TITLE COMPANY LOOK INTO IT LIKE I DON'T KNOW.
I THINK IT WAS TWO YEARS AFTER I INITIALLY BOUGHT IT.
SO I WAS NOT AWARE THE TIME THAT I OWNED THE PROPERTY THAT IT WAS RACKING UP CODE VIOLATIONS.
SO WHEN EVERYTHING WAS SAID AND DONE, IT ENDED UP BEING.
AND THE TUNE OF LIKE $50,000 AND THEN AN ADDITIONAL LIKE 3900, I BELIEVE IT IS.
AND IT LOOKS LIKE IT'S ALL PART OF THE SAME CODE VIOLATION.
SINCE I'VE OWNED THE PROPERTY, WHEN I WHEN I FIRST CLOSED ON THE PROPERTY, I THINK THE ORIGINAL VIOLATIONS WERE DUE TO A TRASH IN THE YARD AND STUFF LIKE THAT. SO THE FIRST THING I DID WHEN I FIRST WHEN I BOUGHT THE PROPERTY IS, WELL, FIRST I HAD TO EVICT THE PEOPLE THAT WERE LIVING THERE BECAUSE THEY WERE THEY WERE NOT.
I GUESS IT'S THE REASON WHY THE PEOPLE SOLD ME THE PROPERTY BECAUSE THEY WEREN'T PAYING THE RENT.
THEY WERE, YOU KNOW, THEY HAD TRASH EVERYWHERE.
THEY WEREN'T MAINTAINING THE PROPERTY AND STUFF LIKE THAT.
SO I BOUGHT THE PROPERTY THINKING THAT THEY WERE ACTUALLY PAYING THE RENT, BUT THEY WEREN'T.
SO I ENDED UP HAVING TO EVICT THEM.
AND THEN AFTER THAT THEN I WAS ABLE TO START CLEANING UP THE PROPERTY.
SINCE I'VE OWNED THE PROPERTY OF PAINTING THE HOUSE, I'VE CLEANED THE YARD.
IT TOOK ME PROBABLY TEN DUMPSTERS, DUMPSTERS JUST FULL OF TRASH TO CLEAN IT UP.
SO. SO ALL THAT STUFF HAS BEEN DONE.
ONE OF THE NICER PROPERTIES IN THE NEIGHBORHOOD IT FITS THE NEIGHBORHOOD IS CLEAN IT'S IT'S KNOW IT'S A NICE PROPERTY I HAVE A COUPLE PICTURES I DON'T KNOW IF YOU WANT TO SEE THEM SINCE SINCE THE WORK'S BEEN DONE OF THE YARD.
CITY. HE'S GOT TO LET THE CODE BOARD SECRETARY OR THE MAGISTRATE SECRETARY SEE IT FOR THE RECORD.
CAN I? FURTHER AT THIS POINT? NO, SIR. BUT HIS POSITION.
ELOP RESIGNS CODE COMPLIANCE SUPERVISOR.
I'M SORRY. THERE WAS A SPLIT FINE.
NOT TWO LIENS ON THIS PROPERTY.
THE CITY HAS NO OBJECTION TO THE REDUCTION OF THE LIEN ALONG WITH THE $750 ADMINISTRATIVE IF WE COULD POSSIBLY GET A PERCENTAGE OF THE LARGER LIEN.
[00:10:06]
SAY 5% OF THE.AND YOU HEARD THE CITY'S POSITION.
DO YOU HAVE A RESPONSE NOW? DOES THAT COVER THE SECOND? THE SECOND, LEON? YES, WE'RE GOING TO IT'S ACTUALLY JUST ONE LIEN FOR WHATEVER REASON.
ONE WAY TO SPLIT FINES, SPLIT THEM UP IN THE FINES.
SO WE'RE DOING I'M TAKING THE PERCENTAGE ON THE HIGHER FINE AND NOT ACKNOWLEDGING THE LOWER ONE.
UM. YOU HAVE AN ISSUE PAYING THAT WITHIN 30 DAYS? NO, SIR, I CAN I CAN SAY THAT.
I APPRECIATE IT. NOW, NOW, WILL YOU BE ABLE TO GIVE ME SOMETHING SHOWING THE COAT? THE MAGISTRATE SECRETARY WILL PROVIDE YOU THE DOCUMENT.
NEXT CASE TO BE HEARD IS ITEM NUMBER FOUR ON THE AGENDA? IT'S CB 1848117 AND CB 2244621 AT 2850 SHAWANDA AVENUE NORTHEAST.
AND THIS IS A REPAIR AGREEMENT EXTENSION REQUEST.
I'M GOING TO LOOK ROBERT O'FARRELL.
I AM ATTEMPTING TO PURCHASE THE PROPERTY.
I'M ASKING FOR AN EXTENSION BECAUSE I DON'T OWN IT YET.
KNOW WHERE IT IS IN THE PROBATE PROCESS.
I CONTACTED THE REALTOR APPROXIMATELY A MONTH AGO AND THEY SAID THE PROBATE HAD COMPLETED OUT OF STATE AND THEY ARE NOW TRANSFERRING THE OTHER PROBATE TO THE STATE OF FLORIDA.
SO THEY SAID APPROXIMATELY 2 TO 3 MORE MONTHS.
HOW MUCH TIME ARE YOU LOOKING FOR?
[00:15:02]
FOR THE EXTENSION.WHAT IS IT YOU'RE ASKING ME TO SIGN TODAY? TO EXTEND IT? HOW MUCH TIME ARE YOU ASKING FOR? 100. LET'S SEE.
CAN WE EXTEND IT FOR FOUR MONTHS? AND IF I DON'T CLOSE BY, THEN I'LL BE BACK.
ASK. WHAT'S THE CITY'S POSITION REGARDING THE EXTENSION OF? CITY DOES NOT HAVE AN OBJECTION FOR HER EXTENSION AS LONG AS SHE IS ABLE TO PROVIDE US DOCUMENTS THAT IT'S TAKING THIS LONG OR KEEP, KEEP A STATUS UPDATE TO.
I CAN GIVE YOU MY SHOW YOU THE TEXT.
I DID ASK FOR MORE IN WRITING.
WHAT I THINK THEY'RE LOOKING FOR IS TO KNOW.
BASICALLY WHEN YOU DO PROBATE, IF IT'S A FORMAL PROBATE PROCESS, WHICH IT SOUNDS LIKE THAT'S WHAT THIS IS, THERE ARE CERTAIN STEPS THAT HAVE TO BE DONE DURING THE PROBATE PROCESS. CORRECT. SO I'M GUESSING THAT'S WHAT THEY JUST WANT TO SEE IS IS THAT THE PAPERWORK THAT THEY'RE SEEING, THAT THE PAPERWORK IS BEING DONE TO MOVE THE PROBATE THROUGH AND IT'S JUST NOT SITTING THERE AS CORRECT.
AND I HAVE ASKED FOR THAT AND I'M NOT GETTING A RESPONSE BACK.
BUT WHAT I'M ASKING IS, IS THERE ALREADY IN A STATE OPEN NUMBER OF OUR COUNTY.
YOU CAN GO ONLINE TO BREVARD COUNTY CLERK OF COURT.
YOU CAN INPUT WHOEVER THIS PERSON'S NAME IS.
YOU'RE NOT GOING TO BE ABLE TO SEE THE FILINGS BECAUSE PROBATE FILINGS ARE CONFIDENTIAL.
BUT THERE IS A DOCKET THAT CAN SHOW WHAT'S BEEN DONE IN THE CASE.
ALL RIGHT, THEN I'LL ENTER AN ORDER FOR ANY EXTENSION FOR FOUR MONTHS.
OKAY. LIKE I SAID, AND I AGREE THAT YOU NEED TO KEEP THE CITY APPRIZED AS TO WHAT'S GOING ON.
NEXT CASE TO BE HEARD IS ITEM NUMBER FIVE ON THE AGENDA? CV 22249.
DASH TWO ONE AND 2225021 AT 675 TONY STREET SOUTHWEST.
THIS IS ALSO A REPAIR AGREEMENT EXTENSION.
ALFIE AGHA FROM 1680 MAIN STREET, NORTHEAST BOMBAY.
I'M HERE TODAY TO TRY TO GET SOME MORE TIME ON THIS PROJECT.
I DIDN'T EVEN REALIZE THAT WE HAVE SO MUCH HURDLES AND WAITING PERIOD WITH THESE PERMITTING PROCESS.
I HAD GOTTEN A SURVEY DONE ON THIS PROPERTY, 1675 TONEY STREET.
I GOT THE PLANNED JOHN AND BY THE ARCHITECT I GOT THE ENGINEERING STAMP AND SO ON AND SO FORTH.
SO THAT'S WHAT I'M WAITING ON.
A COUPLE OF MONTHS AGO, WHEN I GET STARTED TO GET THE TRUST GOING, THEY TOLD ME I HAVE A WAITING LIST OF SIX MONTHS TO A YEAR AND I TRIED TO CONTACT THEM A COUPLE OF WEEKS AGO AND THEY SAID MAYBE ANOTHER 30 DAYS, I MEAN, ANOTHER THREE MONTHS, 60 TO 90 DAYS.
SO I'M STILL WAITING ON THAT PAPERWORK TO MOVE FORWARD WITH THE PERMITTING.
I DID EVERYTHING I CAN ON THE PROPERTY.
I CLEANED IT UP IN A PRETTY GOOD WAY.
SO I'M JUST WAITING ON THESE PROCEDURES OR.
WHEN DID YOU APPLY FOR THE PERMIT? WELL, THIS WAS A COUPLE MONTHS AGO.
WE TRIED TO GET THE TRUST THE TRUST COMPANY TO GIVE US THAT DOCUMENT TO TO ACTUALLY APPLY FOR THE PERMIT FOR THE BUILDING DEPARTMENT. BECAUSE I THOUGHT YOU SAID YOU ACTUALLY APPLIED FOR THE PERMIT AND THAT'S WHEN YOU FOUND OUT YOU NEEDED TO HAVE TRUSSES.
YEAH. THAT WAS JUST A COUPLE OF WEEKS AGO.
I WAS WAITING ON THE CHOICE DOCUMENT BECAUSE THAT'S WHAT I WAS TOLD FIRST BY THE ARCHITECT.
[00:20:05]
SO IT ACTUALLY DIDN'T GO IN ANYWHERE.SO WE'RE STILL WAITING ON THIS JUST PAPERWORK TO SUBMIT TO THE BUILDING DEPARTMENT.
SO WHAT'S WHAT'S THE EXTENSION THAT YOU'RE REQUESTING? WELL, THEY TOLD ME A FEW WEEKS AGO, AS I SAID, MAYBE ANOTHER THREE MONTHS BEFORE THEY COULD GIVE ME THAT PLAN. I UNDERSTAND.
BUT WHAT WHAT AMOUNT OF TIME ARE YOU ASKING? YOU'RE COMING. YOU'RE ASKING ME FOR SOMETHING.
ARE YOU ASKING FOUR MONTHS OR FOUR MONTHS WOULD BE FINE.
WHAT'S THE CITY'S POSITION REGARDING THIS? SAWYER GLEN CITY OF PALM BAY CO COMPLIANCE OFFICER.
THE CITY HAS NO OBJECTION TO THE.
EXTENSION OF THE AGREEMENT WITH THE UNDERSTANDING THAT IN FOUR MONTHS, MR. GARRETT PROVIDES ANY KIND OF DOCUMENTATION SHOWING THAT THINGS ARE NOW BEING PROCESSED AND.
THE PERMIT STAND AND STUFF LIKE THAT.
HE HAS MADE A LOT OF IMPROVEMENT ON THE PROPERTY SINCE HE'S TAKEN OWNERSHIP.
MAKE SURE THAT WE'RE NOT ALLOWING THESE PERMITS TO FALL THROUGH AND.
MR. GORI. YOU DON'T HAVE ANY PROBLEM, THEN.
KEEPING THEM UPDATED AS FAR AS THE PERMITTING THAT'S GOING ON AND THE INFORMATION YOU'RE GETTING FROM THE TRUST COMPANY? DEFINITELY, SIR. I'LL TRY MY BEST TO KEEP UP WITH THAT ON A MORE REGULAR BASIS.
ARE YOU ARE YOU RECEIVING THESE UPDATES FROM THE TRUST COMPANY BY PHONE, EMAIL LETTERS OR WHAT? BASICALLY PHONE PHONE CALLS, BUT I COULD REQUEST AN EMAIL OR SOMETHING.
I WOULD SUGGEST. YEAH, THAT MAKES IT EASIER FOR THE CITY TO KNOW THAT YOU'RE KEEPING UP WITH IT, SO.
ALL RIGHT. SO MY INTENTION IS TO GET THIS THING OFF THE GROUND AND GET IT GOING NOW ON MY HAND.
JUST KIND OF TIRED, I UNDERSTAND.
THANK. OUR NEXT CASE TO BE HEARD IS ITEM NUMBER THREE.
ON THE AGENDA IS CB 19021-181840017 AND 1643314.
AND CORRECTION ON THE AGENDA 1164 MALABAR ROAD.
AND THIS IS A PHONE CONFERENCE.
YES, I CAN. MISS BROWN, MY NAME IS JAMES BEADLE.
AND THE GENERAL PROCEDURE IS FOR THE APPLICANT TO PRESENT THEIR CASE.
[00:25:03]
DO YOU UNDERSTAND THIS? THANK YOU. OKAY.I'M SORRY. IT JUST CUT OUT FOR A JUST A LITTLE SPLIT.
YES, I WAS ASSIGNED THIS AND I WANT TO FIRST APOLOGIZED PROFUSELY BECAUSE OBVIOUSLY THIS NEVER SHOULD HAVE GOTTEN NONE OF YOU SHOULD HAVE GOTTEN TO WHERE IT HAS GOTTEN.
AND I DO APOLOGIZE AND I DO KNOW THAT I HAVE GOTTEN THEM.
CODE ENFORCEMENT HAS WORKED WITH ME AND WE ARE IN COMPLIANCE.
AND I KNOW THAT THERE WERE MULTIPLE.
AND I HAVE RESEARCHED AND RESEARCHED AND I HAVE NO IDEA WHERE THOSE WENT.
I, I KNOW THAT THEY WERE BECAUSE MISS JEANNIE SENT THEM TO ME.
I DON'T KNOW WHERE THOSE NOTICES WENT.
AND I'VE ONLY BEEN, YOU KNOW, WITH THE COMPANY FOR A YEAR NOW.
SO BUT I DID TRY TO RESEARCH THEM AND I'M GOING TO HAVE TO APOLOGIZE FOR THAT AS WELL.
AND I WOULD I'M GOING TO THROW MYSELF AT THE MERCY OF OF USER AND THE COURT AND THE CITY.
AND AT THIS POINT, ALL I CAN DO IS IS PROMISE YOU THIS WILL NEVER HAPPEN AGAIN AND THAT WE ARE IN COMPLIANCE.
AND I APOLOGIZE, THE FINES ARE VERY SIGNIFICANT, AND I AM HOPING THAT THAT SOMEHOW THEY CAN BE REDUCED.
MS.. BROWN, WHAT IS YOUR POSITION WITH BURGER KING? WE ARE FRANCHISED.
SO WHEN YOU FRANCHISE OR YOU BUY A FRANCHISE, YOU BUY LIKE THE YOU KNOW, ALL THE THINGS THAT MAKE IT A BURGER KING.
AND THEN YOU ABIDE BY WHATEVER THEY, YOU KNOW, THEIR FRANCHISE AGREEMENT TO PROVIDE ALL OF THE SIGNAGE, THE LOGOS, THEY'RE DIFFERENT.
YOU GET THEIR DIFFERENT ADVERTISING, THAT KIND OF THING.
SO THAT'S HOW WE ARE AFFILIATED WITH OR I AM.
SO YOU'RE EMPLOYED BY A FRANCHISE AS OPPOSED TO BURGER KING CORPORATION? CORRECT? CORRECT.
YOU KNOW, BURGER KING WAS NEVER REALLY THE.
AND I THINK MAYBE THAT'S WHERE SOME OF THAT BREAKDOWN CAME IN, IS THAT BURGER KING WAS NEVER REALLY.
LIKE THEY DON'T GET INVOLVED, LIKE WITH THE ASPHALT AND LANDSCAPING AND.
WELL, LET ME LET ME EXPLAIN SOMETHING TO YOU THAT THE NOTICES GO TO WHOEVER IS LISTED IN THE PROPERTY APPRAISER AND OR THE TAX COLLECTORS RECORDS IN IN BREVARD COUNTY THAT.
UNDER THE STATUTE AND I WAS UNDER THE STATUTE.
THAT'S WHETHER IT'S THE CITY OF PALM BAY OR ANYWHERE ELSE THAT.
OTHERWISE, THE NOTICES WILL STILL GO TO BURGER KING.
I WILL. AND I THAT'S WHAT I WAS SAYING.
IF THERE WAS I DON'T UNDERSTAND HOW ALL OF THAT BACK THEN HAPPENED AND ALL OF THESE THINGS CAME ABOUT, YOU KNOW, AND I'M TRYING TO CLEAR IT ALL UP.
WE WERE IT ALL CAME UP WHEN WE WERE IN THE PROCESS OF A SALE OF OUR FRANCHISE.
AND SO THAT'S KIND OF WHERE WE ARE RIGHT NOW.
AND THAT'S WHY I WOULD REALLY LOVE TO CLEAR ALL OF THIS UP.
[00:30:02]
OKAY. DO YOU HAVE ANYTHING ELSE AT THIS POINT? I DO NOT. OKAY.AND WHAT'S THE CITY'S POSITION? VALERIE PARSONS, CODE COMPLIANCE SUPERVISOR.
THESE CASES, THERE'S THREE DIFFERENT LIENS.
AS YOU CAN SEE, THESE HAVE BEEN GOING ON SINCE 2014 WITH NO COOPERATION UP UNTIL PRESENT.
YES. WELL, SINCE STAFF LIKES AND BE SEPARATED IN THE ORDER, I PROBABLY SHOULD DO A SEPARATE.
SURE. SO FOR THE 2014 CB 1643 314, WE'RE REQUESTING THE $750 ADMINISTRATIVE FEE, ALONG WITH 4% OF THE $152,362 LIEN, WHICH COMES OUT TO $6,095. THE SECOND LEAN CB 18400 17 $750 ADMINISTRATIVE FEE, ALONG WITH 5% OF THE $128,447 LEAN, WHICH COMES OUT TO $6,422.
CB 1902 118 $750 ADMINISTRATIVE FEES, ALONG WITH 6% OF THE $107,360 LEAN, WHICH COMES TO $6,438.
THE TOTAL COMBINED, INCLUDING THE ADMINISTRATIVE FEES FOR ALL THREE, WOULD BE $21,205.
MISS BROWN, DID YOU HEAR THE TESTIMONY FROM THE.
I DID. IT CUT OUT A LITTLE BIT, BUT I GOT THE GIST OF IT.
SO YOU HEARD THE TOTAL AMOUNT.
AND THAT'S INCLUDING THE ADMIN FEES.
YOU HAVE AN ISSUE WITH PAYING THAT AMOUNT.
I DO NOT. DO YOU WANT ME TO OVERNIGHT THE CHECK? WELL, THAT'S BETWEEN YOU AND STAFF.
I DON'T. I DON'T GET INVOLVED IN THAT.
I'M JUST CONSIDERING THE APPLICATION.
SO YOU HAVE NO IDEA HOW MUCH I APPRECIATE THIS.
SO BASICALLY WHAT HAPPENS IS, IS THAT I'LL ENTER AN ORDER REDUCING THE FINES AND THE THE ORDER WILL PROVIDE THAT IT NEEDS TO BE PAID WITHIN 30 DAYS.
AND IF IT'S NOT PAID WITHIN 30 DAYS, THEN THE FINES THAT ARE IN PLACE RIGHT NOW WILL BE REINSTATED.
PERFECT. WELL IN ORDER TO THAT EFFECT.
I SIGNED THE MINUTES FROM THE LAST MEETING.
[ADOPTION OF MINUTES]
BEING NO FURTHER BUSINESS BEFORE ME TODAY.THE MEETING WILL BE ADJOURNED AT 133 FOR 1:34 P.M..
* This transcript was compiled from uncorrected Closed Captioning.