[00:00:01]
ALL RIGHT, LET'S CALL THE SEPTEMBER 14, 2022 CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING TO ORDER.
[CALL TO ORDER]
IT IS 110.AND AS A REMINDER, THIS IS A QUASI JUDICIAL PROCEEDING.
[SWEARING IN]
SO ANY EVIDENCE PRESENTED HAS TO BE UNDER OATH.EVERYBODY THAT WISHES TO SPEAK TODAY.
PLEASE, PLEASE STAND SO YOU CAN RECITE YOU.
YOU. PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. YOU MAY BE SEATED.
OUR NEXT ORDER IS ADOPTION OF THE MINUTES.
[ADOPTION OF MINUTES]
I HAD THE OPPORTUNITY TO REVIEW THOSE BEFORE COMING HERE.EVERYTHING WAS IN ORDER. SO THEY'VE BEEN SIGNED.
AND WE CAN MOVE ON TO REPORTS.
[REPORTS]
OUR FIRST CASE TO BE HEARD UNDER THE REPORTS IS CB 2264822.IT'S THE STONEBRIDGE HERE AT BAYSIDE LAKES.
GOOD AFTERNOON. MY NAME IS GREG MILLS.
I LIVE AT 613 FLOUR, WOOD DRIVE AND STONE BRIER SUBDIVISION.
AND I AM THE HOA PRESIDENT OF THE DIVISION.
WE WERE INFORMED LAST NOVEMBER OF A CODE ENFORCEMENT VIOLATION FOR OUR CONSERVATION EASEMENT ENCROACHING INTO A PROPERTY OWNED TO THE IN ONE OF THE PROPERTIES ON THE SUBDIVISION.
LOOKING AT IT, THE PROPERTY OR THE CONSERVATION EASEMENTS WERE CITED FOR BEING UNIMPROVED LAND AND THAT WE WOULD NEED TO TRIM 15 FEET IN AND VEGETATION COULD BE HIGHER THAN 24 INCHES.
THE CONSERVATION EASEMENTS ARE GOVERNED BY FLORIDA STATUTE 704.06, WHICH STATES.
WE CANNOT GO INTO THE CONSERVATION EASEMENTS AND DO ANY TRIMMING WHATSOEVER.
IT IS THE RESPONSIBILITY TO OPERATE AND MAINTAIN THOSE, BUT IT BASICALLY MEANS FOR CLEAN OUT FOR DEAD VEGETATION THAT MAY BE CAUSING A FIRE RISK OR REMOVAL OF DEAD TREES THAT MAY FALL ON A HOUSE OR SOMETHING OF THAT NATURE.
BUT AS FAR AS OWNING AND MAINTAINING AND TRIMMING BACK FROM THE PROPERTY LINES OF THE RESIDENTS BACK IN 15 FEET, THE HOA IS UNABLE TO COMPLY WITH THAT BECAUSE THE ST JOHN'S WATER MANAGEMENT AND THE AND THEIR OWNERSHIP OR DICTATION OF THAT LAND, I HAVE NUMEROUS EMAILS FROM ST JOHN'S STATING YOU CAN'T DO THAT.
THEY ALL HAVE CONSERVATION EASEMENTS WITH HOMES THAT ABUT THOSE PROPERTIES.
WHAT WE'VE INFORMED THE OWNERS IS THAT THE OWNER IS RESPONSIBLE FOR TRIMMING THE CONSERVATION EASEMENT FROM THEIR PROPERTY LINE TO THE PROPERTY LINE THAT THEY CAN'T GO ANY FURTHER.
SO THE CITY CODE THAT WE WERE CITED FOR STATES, IT'S UNIMPROVED LAND AND WE HAVE TO GO 15 FEET IN WHICH WE CAN'T AND IT'S NOT ACTUALLY UNIMPROVED LAND. UM.
DO YOU HAVE THOSE EMAILS? YES, SIR. I'M BRINGING THEM UP.
SO WE HAVE SPOKEN WITH CHRISTOPHER BROWN, WITH ST JOHNS WATER MANAGEMENT AND BASICALLY THEY STATE THAT IF THERE'S ANY IMPACTS TO THE CONSERVATION EASEMENT THAT THE ST JOHN'S WATER MANAGEMENT DISTRICT WILL IMPOSE FINES OR CORRECTIVE ACTIONS ON THE HOE.
FROM WHAT I'VE RESEARCHED, THERE IS NO CITY CODE THAT STATES OWNERS OF PROPERTY WILL TRIM BACK TO THE PROPERTY LINE, IF YOU WILL. AND THE CODE THAT WAS ENFORCED ON US IS FOR UNIMPROVED PROPERTY, AS I STATED.
[00:05:03]
AND IT'S NOT ACTUALLY UNIMPROVED PROPERTY, IT'S CONSERVATION EASEMENT.OKAY. NOW, IS IT THE WAY THAT'S BEING CITED HERE OR IN ALL THE INDIVIDUAL? IT'S THE HOA AD NAUSEAM, WHICH IMPACTS THE ENTIRE ALL THE HOMEOWNERS.
SO THE HOMEOWNER IN QUESTION AT THIS RESIDENCE IS A MEMBER OF THE HOA AND AS SUCH IS DULY AUTHORIZED TO TRIM BACK THE CONSERVATION EASEMENT TO THEIR PROPERTY LINE.
AND WITHIN OUR CCR DOCUMENTS, IT STATES THAT THEY WILL MAINTAIN THAT PROPERTY LINE AS WELL.
AS FAR AS THE SIGNAGE AND THE FENCING.
I HAVE. WOULD YOU MIND? GOOD OFFICER LISA WEIGEL IN CITY OF PALM BAY.
GOOD OFFICER. THIS WAS ADDRESSED ALSO WITH MR. RODNEY EDWARDS, THE CITY ATTORNEY.
SO, YES, EVERYTHING HE SAID WAS CORRECT.
AS FAR AS GOING INTO THE LEGAL PROCESS THAT WAS FORWARDED ON TO THE CITY ATTORNEY.
BUT WHAT'S THE CITY'S POSITION ON? FIRED TO. THIS.
ON IN THE CONSERVATION. SO WE THE DEFINITIVE IS INCORRECT.
YES, HE HAS A CONSERVATION EASEMENT THERE.
SO AND IT'S THE SAME THING THAT I TRIED TO EXPLAIN TO HIM THAT THE OF COURSE, YOU CAN'T CUT INSIDE THE CONSERVATION EASEMENT, BUT ONCE YOU ALLOW THINGS TO GROW OUTSIDE OF THE CONSERVATION EASEMENT TO WHERE IT'S GROWING INTO THE BACKYARDS OF RESIDENTS, IT'S NO LONGER IN THE CONSERVATION EASEMENT. AND YOU'RE NOT REQUIRED TO GET SPECIAL IMPROVEMENT.
I MEAN, SPECIAL PERMISSION TO CUT.
IT'S YOUR RESPONSIBILITY TO MAINTAIN IT.
IT'S EVEN IN YOUR IN YOUR HONOR CODE.
SO BASED ON WHAT THE DEFINITIVE IS SAYING, THEY DON'T EVER HAVE TO CUT IT.
SO THE CONSERVATION EASEMENT AREA COULD GROW ALL THE WAY TO THE FRONT OF THE PERSON'S HOUSE.
AND YOU'RE GOING TO STILL CLAIM THAT THAT'S THE CONSERVATION EASEMENT? NO, CONSERVATION EASEMENT IS CLEARLY ESTABLISHED IN THE PLAT MAP.
AND WHEN I RESPONDED AND SHOWED THEM PICTURES, ST JOHN'S DID NOT REPLY.
SO IT'S THE POINT OF THE CITY THAT THEY HAVE ALLOWED THEIR CONSERVATION EASEMENT TO GROW UNCONTROLLED AND UNTAMED AND THEY SHOULD BE CITED FOR THE VIOLATION.
THEY SHOULD HAVE BEEN MAINTAINING IT FROM THE BEGINNING.
AND THAT'S THE THAT'S THE THAT'S THE POINT OF THE CITY.
WE'RE NOT ASKING HIM TO ACTUALLY GO INTO THE ACTUAL CONSERVATION EASEMENT AND DO ANYTHING.
WE'RE ASKING HIM TO MAINTAIN WHAT'S OUTSIDE OF THE CONSERVATION EASEMENT.
LISA, CAN I MAKE A STATEMENT ON THAT? I JUST WANT TO GET A SURE ANSWER FOR LISA FIRST.
YES. ON THE NOTICE OF VIOLATION.
SO IT HAS TO LIST THE AREA OF THE PROPERTY THAT IS IN VIOLATION.
THE DOES THE DESCRIPTION OF THE PROPERTY.
INCLUDE ANY PORTION OF THE CONSERVATION EASEMENT.
AREA THAT'S UNDER THE EASEMENT.
AS FAR AS IT JUST IS FOR SECTION 93.04 FOR THE NUISANCE VEG.
THAT WHAT YOU'RE ASKING? RIGHT.
BUT WHEN YOU WHEN YOU DESCRIBE THE PROPERTY.
SO THERE'S OBVIOUSLY IT SAYS TO WIT THE COMPLAINANT IS 536 STONE BRIER STREET REAR OF.
STONEBRIDGE, THE STONEBRIDGE SUBDIVISION.
OVER 15 FEET OF THE SIDE AND REAR LOTS.
TAKE. SO WHEN I SPOKE WITH THE CITY ATTORNEY AND WITH CODE COMPLIANCE AS WELL AS SAINT JOHN'S, WE BOTH ASK WHAT WOULD BE THE REMEDIATION? AND THE CITY ATTORNEY STATED TO TRIM IT TO THE PROPERTY LINE AND CODE COMPLIANCE SAID 15 FEET IN.
SO WE CAN'T COMPLY AND THEY'RE NOT EVEN ON THE SAME PAGE.
AND ONCE IT COMES OUTSIDE OF THE CONSERVATION EASEMENT, IT IS THEN CONSIDERED HOMEOWNER PROPERTY.
[00:10:07]
WE'RE JUST TRYING TO FIGURE OUT WHAT CODE AND WHAT AVENUE WE ARE TO TAKE TO REMEDY THIS TO THE HO AND THE 16 OR 17 ACRES WITHIN BAYSIDE LAKES THAT HAVE CONSERVATION EASEMENTS.IT'S NOT STATED IN OUR DOCUMENTS EXACTLY THAT WAY.
IT IS STATED THAT WE OWN AND MAINTAIN THE CONSERVATION EASEMENTS, BUT THAT IS ONLY TO REMOVE EXCESS TRASH AND DEBRIS IN THOSE THINGS, NOT TO TRIM THE ACTUAL CONSERVATION EASEMENTS AT THE PROPERTY LINES.
YEAH. I THINK YOU NEED TO LOOK AT THE PLAT AND LOOK AT THE PICTURES.
IT'S PRETTY CLEAR IF THE EASEMENT GOES RIGHT UP TO THE PROPERTY LINE.
IT DOES. WELL, IF THE EASEMENT DOESN'T GO RIGHT UP TO THE PROPERTY LINE, THEN THE CITY IS CORRECT AND YOU HAVE TO MOVE OR YOU HAVE TO MOW THAT AREA.
IF THE EASEMENT WENT ALL THE WAY UP TO THE PROPERTY LINE, THEN I CAN SEE YOUR ARGUMENT.
IT DOES. JUST TO JUST JUST HAND IT TO ME AND THEN DESCRIBE IT OVER THERE AT THE PODIUM.
SO THE STONE BUYER, WHO HAS QUITE A FEW CONSERVATION EASEMENTS AS WELL AS PONDS, AND THEY ALL ABUT DIRECTLY ON TO THE PROPERTY OWNERS PROPERTY LINES.
SO WE HAVE 118 HOMES WITHIN STONE BRIER THAT ABUT CONSERVATION EASEMENTS.
1015 FEET BETWEEN A PROPERTY LINE AND A CONSERVATION EASEMENT.
THE CONSERVATION EASEMENT ABUTS ONTO THE PROPERTY LINE.
BAYSIDE LAKES IS DESIGNATED AS CONSERVATION EASEMENT IN ACCORDANCE WITH OUR CRS.
I'M SORRY. ARTICLE SIX, SECTION THREE FOR PROHIBITED USES IS REMOVING, DESTROYING OR TRIMMING OF TREES, SHRUBS OR OTHER VEGETATION.
I SEE THAT I'M I'M NOT SURE IF MOWING THE GRASS, THOUGH, COUNTS AS IT'S NOT GRASS OR IT'S NOT GRASS.
IT'S JUST HANGING OVER THE FENCE.
SO IT'S NOT GROWING ON THEIR LAND.
IT'S HANGING OVER THEIR FENCE.
AND AS WE'VE STATED, FOR ALL THE PROPERTY OWNERS IN A SUBDIVISION, IT IS A PROPERTY OWNERS RESPONSIBILITY AS A MEMBER OF THE HOME TO TRIM THAT BACK TO THE PROPERTY LINE AND NOT THE OWNER'S RESPONSIBILITY.
SO SO SELLING PEPPER TREE IS CONSIDERED AN INVASIVE SPECIES.
SO THEY CAN BE TRIMMED BACK TO THE PROPERTY LINE.
[00:15:08]
AUTHORIZATION, WE MAY HAVE TO MITIGATE THAT AND PLANT ADDITIONAL VEGETATION IN OTHER AREAS OF THE CONSERVATION EASEMENT.THAT'S NOT TRUE. AND I THINK THIS IS THE PROBLEM THAT WE'RE HAVING WITH HIM.
WE'RE NOT ASKING HIM TO GO INTO THE EASEMENT AND REMOVE TREES.
I'LL GIVE YOU THE CITY CODE COMPLIANCE DIRECTLY TOLD ME 15 FEET INSIDE.
THEY SAID THAT'S HOW YOU MITIGATE IT.
I CANNOT GO PAST THE PROPERTY LINE OF THAT OWNER.
THIS IS WHAT WE'RE TALKING ABOUT.
AND I'M GOING TO GIVE YOU A COLOR PHOTO AND VERY HELPFUL.
THANK YOU. HE NEEDS THIS STUFF.
OUTSIDE OF. YOU HAVE TO CUT THAT BACK.
NOW YOU'RE. IF YOU'RE IN COMPLIANCE.
15 FEET. BECAUSE THE CODE IS 94, WHATEVER, AND IT SAYS 15 FEET FROM HER PROPERTY LINE.
SO YOU'RE NOT DISPROVING ANY THEORY? WE'VE WE'VE DISPROVED YOUR THEORY THAT SAINT JOHN HERITAGE WILL NOT ALLOW YOU TO CUT, BECAUSE IT'S NOT WITHIN ST JOHN'S HERITAGE.
THAT'S NOT WHAT I'M SAYING HERE, SIR.
SIR, I MEAN, WE'VE ARGUED THIS FOR SEVERAL MONTHS.
ST JOHN'S WILL NOT ALLOW US TO DO THAT.
WELL, I THINK WE'VE ESTABLISHED AT THIS HEARING THAT THAT'S NOT WHAT'S REQUIRED TO.
IS THAT NOT WHAT'S REQUIRED TO MITIGATE? WHAT'S THAT AGAIN, THOUGH? SO YOU WANT US TO TRIM FROM INSIDE THE OWNER'S PROPERTY TO THEIR PROPERTY LINE? OCH THE CODE 94 SAYS FROM THEIR PROPERTY LINE IN.
IT SAYS FROM THEIR PROPERTY LINE IN 15 FEET.
REGARDLESS OF WHAT THE CODE SAYS, I THINK THAT THE ATTORNEY HAS DONE A GOOD JOB OF CLARIFYING.
IT NEEDS TO BE DONE TO BROUGHT THE TO BRING THE PROPERTY INTO COMPLIANCE.
BUT HOW MUCH TIME DOES THE HOH NEED TO BRING EVERYTHING INTO COMPLIANCE BASED ON HALF OF WHAT CITY ATTORNEY SAID? WHAT WE'RE WORRIED ABOUT IS IF WE CAN HAVE IT COMPLETED WITHIN A MONTH, WE HAVE TO GET A CONTRACT TO COME OUT AND DO IT.
WE'VE ALREADY GOT A CONTRACT FROM LSB FOR $685 TO COME AND DO IT.
BUT IF WE TRIM IT TO THE PROPERTY LINE, I DON'T WANT CITY CODE COMPLIANCE COMING BACK AND SAYING YOU'VE GOT TO GO 15 FEET IN PER 9403, WHICH IS THE CITY CODE. EXCUSE ME, SIR.
FRANK. VALERIE PEZZINI, CODE COMPLIANCE SUPERVISOR.
OKAY, THAT'S NOT WHAT WE WERE STATED BEFORE.
THAT'S THE ONLY THAT'S MY ONLY THING IS WE WERE TOLD FROM ST JOHN'S WE COULDN'T SEE IT.
HE SAID WE HAD TO. WELL I THINK WE'VE I THINK WE'VE FIGURED IT ALL OUT AND WE'VE GOT THE SOLUTION.
SO I'M READY TO MAKE MY RULING ON THIS.
YOU HAVE YOU HAVE ONE MONTH TO GET THE PROPERTY, ALL THE PROPERTIES IN THE WAY INTO COMPLIANCE WITH THE WITH THE WAY THAT IT WAS DESCRIBED AT THE HEARING TODAY.
AND IF YOU DO THAT, THEN WE'LL FIND NO VIOLATION.
IF NOT, THEN I'M GOING TO ASSESS THE VIOLATION.
OKAY. SOUNDS GOOD. I JUST AWARE THAT WITH ALL THE HOMES WITHIN BAYSIDE LAKES, WITH CONSERVATION EASEMENTS, THIS COULD GREATLY RAISE THE HOA DUES FOR EVERY SINGLE NEIGHBOR. UNFORTUNATELY, THAT'S BEYOND MY JUST.
[00:20:03]
JUST BEING AWARE. DURATION IS BEYOND MY AUTHORITY.SURE. OKAY. WE SAID ONE MONTH.
BUT CAN WE HAVE A COMPLIANCE DATE? YES, ONE MONTH FROM TODAY.
WHAT WOULD BE OUR NEXT? THEIR NEXT HEARING OCTOBER 12TH.
SO IF WE GAVE THEM 30 DAYS, THAT WOULD BE OCTOBER 14TH.
AND THEN IF THEY NEEDED TO COME BACK, WE WOULD COME BACK IN NOVEMBER.
UM. YOU GET THIS DONE BEFORE THE NEXT MEETING OF OCTOBER, OCTOBER 11TH? I'M HOPING TO HAVE IT DONE WITHIN A WEEK, BUT I'LL GIVE YOU UNTIL OCTOBER 11.
THANK YOU. OKAY, SO THEY'VE ALREADY.
WE HAVE ONE CASE THAT HAS COME INTO VOLUNTARY COMPLIANCE ON THE AUTHORIZATION TO IMPOSE FINES.
2295422 AT 2425 MADDEN AVENUE SOUTHWEST.
AND THERE ARE NO OTHER RESPONDENTS TO BE HEARD ON THE AUTHORIZATION TO IMPOSE.
BUSINESSMEN. JUST APPROVE THE AUTHORIZATION TO IMPOSE THIS.
I FIND ALL THE RESPONDENTS IN CASES LISTED IN THE AUTHORIZATION TO IMPOSE FINES REPORT IN NONCOMPLIANCE WITH THE PERIOD STATED ON THE REPORT AND IMPOSE THE FINES AS LISTED ON THE REPORT DATED SEPTEMBER 14, 2020.
[OLD BUSINESS]
2288022 160 MALABAR ROAD SOUTHWEST.AND THE CODE OFFICER IS LISA WAKELIN.
QUINN. OFFICER LISA WHELAN, CITY OF PALM BAY.
THIS IS BROUGHT BACK FROM A PREVIOUS HEARING AND.
THIS WAS PUT ON FOR OLD BUSINESS AND THE RESPONDENT IS HERE.
IF THE RESPONDENT COULD PLEASE COME UP.
OH, IT'S FINE. PLEASE STATE YOUR NAME FOR THE RECORD.
ALBERTO. NOW, WE WENT OVER THIS.
I WENT THROUGH AND I LOOKED AT PROVISIONS THAT I THINK APPLY HERE.
SO I JUST HAVE A FEW QUESTIONS.
WHEN WAS THE FENCE INSTALLED? AND WE BOUGHT THE PROPERTY A FEW YEARS AGO AND THE FENCE WAS INSTALLED PREVIOUSLY.
WHAT WE DID IS AFTER WE BOUGHT, WE REPAIR MANY TIMES.
WHEN DID YOU BUY? WHEN DID YOU BUY THE PROPERTY? I THINK IT'S IN I CAN'T TELL YOU EXACTLY THE ADDRESS.
THE DATE, I THINK, IS FOUR YEARS AGO.
WHEN YOU BOUGHT THE PROPERTY, WAS THE FENCE PROPERLY PERMITTED? WE DO A LITTLE SEARCH AND NOTHING I'M SUPPOSE WAS DONE PROPERLY WAS NOT ANY VIOLATION.
NOTHING. NO OPEN PERMITS, NOTHING WRONG.
YOU HAVE TO DID YOU END UP REPAIRING THAT PORTION OF THE FENCE THAT WAS DESTROYED? SAY AGAIN. DID YOU END UP REPAIRING THAT PORTION OF THE FENCE THAT WAS DAMAGED? NO. NO, I DIDN'T. UM.
GOING TO COST. GOING TO COST MORE THAN 50% OF THE REPLACEMENT COST.
IF I REPAIR THAT SECTION? NO, LISA.
[00:25:05]
DO WE KNOW IF WERE THERE ANY VIOLATIONS WHEN THE FENCE WAS INSTALLED? NO, NOT THAT I'M AWARE OF THAT THEY GET PERMITTING DONE THROUGH AT THE TIME, I THINK IN 2018 WAS THE BUILDING DEPARTMENT.I THINK THAT IN THIS CASE THEN THAT THIS FALLS UNDER THE NON-CONFORMING USE SECTION.
I DON'T I DON'T HAVE ANY EVIDENCE THAT IT WAS THAT IT WAS OUT OF COMPLIANCE WHEN IT WAS INSTALLED.
NOW. SO HERE'S HERE'S THE DEAL.
IF YOU WERE TO IF YOU IF ALL YOU DO IS REPLACE THAT SECTION OF THE FENCE THAT'S DAMAGED, THEN YOU CAN YOU CAN REPLACE IT WITH WHAT YOU CURRENTLY HAVE. OKAY.
IF YOU'RE GOING TO EXPAND IT IN ANY WAY, MAKE THE FENCE BIGGER IN ANY WAY, THEN IT HAS TO COME UNDER THE NEW THE NEW CODE AND YOU'D HAVE TO TEAR THE WHOLE THING OUT AND PUT IN. WELL, WHAT DO YOU MEAN? WHEN. WHEN THEY SAY TO EXPAND.
IF YOU WANTED TO MAKE THE FENCE TALLER, IF YOU WANT TO MAKE THE FENCE TALLER, OR PRETTY MUCH DO ANYTHING OTHER THAN JUST REPAIR IT TO ITS PRE DAMAGED CONDITION, THEN YOU WOULD HAVE TO MEET THE NEW CODE ENFORCEMENT OR THE NEW STUFF.
SO WHAT? SO WHAT I'M GOING TO DO IS I'M GOING TO ISSUE A NEW ORDER, RECONSIDERING MY PREVIOUS ORDER, FINDING YOU IN VIOLATION AND.
I'M GOING TO FIND THAT THIS WAS A NON-CONFORMING USE.
OKAY. AND UNTIL WHEN? I HAVE TIME TO REPAIR THE DEFENSE AND REPAIR THE FENCE WHENEVER YOU WANT, JUST.
JUST DON'T CHANGE THE CHARACTER OF IT.
NO, NO, I UNDERSTAND. BUT DO I HAVE A TIME FRAME TO BE IN COMPLIANCE? 60 DAYS, 90 DAYS.
I DON'T KNOW. HE'S NOT CITED FOR HAVING A BROKEN FENCE.
RIGHT. HE'S. EXCITED FOR HAVING NOT HAVING A SIX FOOT HIGH MASONRY OR WOOD FENCE.
RIGHT NOW HE IS CITED FOR THE COMMERCIAL RESIDENTIAL DISTRICT.
FENCED, YES. NOT FOR THIS FENCE, NOT UPRIGHT.
SO AS FOR THE COMMERCIAL FENCE.
YEAH. SO AT THE MOMENT, ONCE ONCE I WRITE MY ORDER, YOU'RE NOT YOU'RE NOT IN VIOLATION OF ANY CODE.
I WOULD GET IT FIXED AS SOON AS POSSIBLE.
YES. YES, I WILL. IF YOU LEAVE IT.
IF YOU LEAVE IT BROKEN FOR TOO LONG, THEN YOU ARE GOING TO BE IN VIOLATION IN THIS THING.
I WILL TAKE CARE OF THIS VERY SOON.
I WILL ASK FOR A FEW ESTIMATES AND WE WILL FIX IT.
JUST GET THAT GET THAT DONE AS SOON AS POSSIBLE AND I'M GOING TO REDO MY ORDER.
OKAY. THANK YOU FOR EVERYTHING.
BEGAN TO HEARINGS FOR THE PER DAY FINES.
[HEARINGS: PER DAY FINE]
THESE ARE ITEMS NUMBER ONE THROUGH 27 UNDER THE HEARINGS.OUR FIRST CASE TO BE HEARD IS ITEM NUMBER FIVE, WHICH IS CB 23138221196 WILD ROSE DRIVE NORTHEAST AND THE CODE OFFICER IS VALID PRESENTS.
VALERIE, WOULD YOU MIND COMING UP AND SPEAKING TO THIS? VALERIE CUISINE'S, CODE COMPLIANCE SUPERVISOR, CITY OF PALM BAY.
[00:30:01]
THEY WERE CITED FOR A RECREATIONAL VEHICLE BEING PARKED FORWARD OF THE HOUSE AND THE RESPONDENTS ARE HERE.PLEASE STATE YOUR NAME FOR THE RECORD.
UM. SO ARE YOU STILL IN VIOLATION OF OF THIS? HAVE YOU MOVED THE RV OR SO? WE WERE UNDER THE IMPRESSION THAT WE HAD AN EXTENSION ON MOVING IT AND YES, IT IS CURRENTLY STILL THERE.
WE DO, HOWEVER, HAVE A PLACE THAT WE CAN TAKE IT TO IF WE DO NOT IN FACT HAVE AN EXTENSION.
OUR ISSUE IS, IS THEY SAID THAT IT HAD TO BE BEHIND A SIX FOOT FENCE.
ALSO, WE UNDERSTAND THAT IT IS GOING THROUGH CITY COUNCIL MEETINGS ABOUT MOVING THAT, CHANGING THAT STATUTE ABOUT WHERE THE FENCE IS ALLOWED TO BE.
AND SO THAT WILL BECAUSE WE WOULD LIKE TO PUT UP A FENCE, YOU KNOW, AND BE IN APPARENT COMPLIANCE.
THE ISSUE WAS THAT WE HAD A BECAUSE OF THE 15 FOOT OFF THE SIDEWALK, THAT DOESN'T REALLY GIVE US THE SPACE THAT WE NEED. ALSO, WE WOULD HAVE TO CUT DOWN A REALLY LOVELY POMELO TREE BECAUSE THE FENCE WILL BE RUNNING RIGHT THROUGH THERE, YOU KNOW, WHICH WE WERE PREPARED TO DO.
WE WANT TO BE IN COMPLIANCE WITH WHATEVER IS NEEDED.
IT WOULD JUST BE A LOT NICER IF WE COULD PUT IT OUT TO THE.
IT SOUNDS LIKE BE IN COMPLIANCE AT THIS POINT.
AS EVERYTHING IS WRITTEN TODAY, YOU HAVE TO PRETTY MUCH STORE IT OFFSITE.
SO, YEAH, WE IN THE THROUGHOUT THIS WHOLE PROCESS AS WELL, I HAVE BEEN TRYING TO FIND PLACES.
THE CLOSEST PLACE THAT I COULD FIND FOR US TO STORE IT OFFSITE WAS 50 MILES AWAY.
WE DID THIS MORNING, BY THE GRACE OF GOD, FIND A PLACE RIGHT DOWN THE STREET FROM US.
THEY ARE OPEN TOMORROW WHERE WE CAN GO AND ACTUALLY MOVE IT OUT.
OF THE FENCE. ANOTHER ISSUE WITH THE FENCE IS THAT WE HAVE A BARRIER FENCE.
SO WHEN WE BUILD THE FENCE AND FROM THE SIDEWALK OR TEN FEET FROM OUR HOUSE, WE'RE GOING TO HAVE TWO FENCES, OUR FENCES HERE AND OUR OUR OTHER FENCE IS GOING TO BE HERE. SO WE WERE GOING TO TRY TO MOVE OUR BARRIER FENCE FROM THE POOL OUT.
WE ALSO HAVE TO GO THROUGH A BUNCH OF PAPERWORK AND STUFF TO DO THAT.
THERE'S JUST A LOT OF CONFUSION.
AND IF YOU COULD PLEASE GIVE US A GRACE TO BE ABLE TO MOVE IT TOMORROW AND GET OUR FENCE FIXED.
WE WOULD REALLY APPRECIATE THAT.
OKAY. VALERIE, DOES THE CITY HAVE ANY PROBLEMS? UH, DOES THE CITY HAVE ANY ISSUE WITH, UH, A ONE WEEK EXTENSION TO GIVE THEM TIME TO MOVE THEIR RV OFF? NO, THERE'S NO. I HAVE NO OBJECTION TO GIVING THEM A WEEK EXTENSION.
JUST TO VERIFY THEY WERE GIVEN AN EXTENSION AT THE VERY BEGINNING.
THIS WAS STARTED BACK IN MAY, AND THEY WERE GIVEN AN EXTENSION WHEN THEY FIRST GOT THE FIRST NOTICE, IT WAS MAY AND THEY DIDN'T GET THE STATEMENT OF VIOLATION UNTIL JULY. SO THEY WERE GIVEN TWO MONTHS.
POINT OF CLARIFICATION ON THAT.
I'M SORRY, BUT WE DIDN'T GET NOTIFIED UNTIL THIS UNTIL JUNE.
OUR OUR THIS. SO ON THIS PAPER HERE, IT SAYS THAT IT WAS OBSERVED ON MAY 24TH AND THE STATEMENT DATE WAS JULY 28TH OR JULY 18TH.
AND WHEN WE CAME BACK, I DID CONTACT SOMEBODY JUNE 20TH.
I DID NOT RECEIVE ANY PHONE CALLS BACK.
AND THEN WE'VE BEEN GOING THROUGH THE PROCESS OF EMAILS, GETTING THE PAPERWORK FILLED OUT.
WE HAD ASKED FOR THAT EXTENSION AND THEN WE GOT THIS NOTICE SAYING THAT WE HAD TO COME TO COURT.
IT SOUNDS LIKE YOU SAID YOU ONLY NEED A DAY.
SO I THINK A WEEK SHOULD PROBABLY DO THE TRICK.
IS THERE ANYTHING THAT WE CAN DO THAT WE CAN? I MEAN, IT COSTS A LOT OF MONEY TO STORE THE RV, OBVIOUSLY.
AND WE DO TAKE CARE OF OUR MY FATHER IN LAW, HIS 90.
WE TRAVEL WITH HIM A LOT IN THAT.
SO HE DOESN'T HAVE TO GO TO THE AIRPORT AND STUFF.
THERE'S NOTHING THERE'S NO EXCEPTIONS OR ANYTHING THAT WE CAN THAT PEOPLE CAN MAKE THAT.
[00:35:07]
UNFORTUNATELY, I HAVE TO I HAVE TO MAKE MY RULINGS BASED OFF OF WHAT THE BLACK LETTER OF THE LAW IS.BUT THERE'S THE CODE IS THE CODE AGAIN.
AND IF YOU'RE GOING TO OWN AN RV, THAT'S ONE OF THE THAT'S ONE OF THE COSTS OF DOING BUSINESS, IS THAT YOU HAVE TO FIND A PLACE TO STORE IT. AND I'M SORRY THAT IT COST YOU EXTRA MONEY.
HOPEFULLY THE FENCE THING WILL WORK OUT FOR YOU.
AND THEN AT THAT POINT, YOU CAN MOVE IT BACK INTO YOUR BACK ONTO YOUR PROPERTY.
BUT RIGHT NOW, WE JUST HAVE TO WORK ON YOU GUYS INTO COMPLIANCE.
SO WE WILL THAT DO THE TRICK? YEAH, WE'RE MOVING IT TOMORROW.
AND I'LL GIVE YOU A ONE WEEK EXTENSION.
MAY WE ASK ONE QUESTION? WE UNDERSTAND THAT THERE WAS SEVERAL CALLS MADE, AND WE ALSO UNDERSTAND THAT WE HAVE THE RIGHT TO KNOW WHO MADE THOSE CALLS.
NOW. THIS WAS UNDER ROUTINE PATROL.
LOTS OF MISINFORMATION INFORMATION.
WE WE HAVE A ONE WEEK EXTENSION, BUT WE DO NOT HAVE A FINE IF IT'S NOT IN COMPLIANCE.
THIS IS A. PEOPLE ARE DEFINED NOT.
YEAH. AFTER ONE WEEK, IF YOU'RE NOT IN COMPLIANCE, THEN THE FINE WILL BE $50 A DAY.
FROM HERE. THAT WAS A DAY FROM ONE WEEK FROM TODAY.
THANK YOU. OUR NEXT CASE TO BE HEARD IS KIEV.
ACTUALLY, I KNOW NUMBER 13 ON THE AGENDA.
2314622 AT 1274 PACE DRIVE NORTHWEST.
THE CODE OFFICER IS ANGELICA SNEED.
SO SABRINA PERKINS IS FILLING IN.
MY NAME IS SABRINA PERKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.
VIOLATIONS THAT STILL EXIST ARE FAILURE TO MAINTAIN EXTERIOR STRUCTURE FREE OF MILDEW AND RUST.
OKAY. ALL RIGHT, PLEASE STATE YOUR NAME FOR THE RECORD, ELIZABETH.
AND HOW MUCH HOW MUCH MORE TIME DO YOU THINK YOU NEED TO? I'M ASKING FOR 30 DAYS JUST BECAUSE OF THE WEATHER AND WORK.
DOES THE CITY HAVE ANY OBJECTION TO AN ADDITIONAL 30 DAYS? OKAY. FINALLY AN EASY ONE.
I'LL GIVE YOU YOUR 30 DAY, 30 DAY EXTENSION AND 50 TO FIND $50 A DAY.
THANK YOU. IT'S NOT A COMPLAINT THAT.
SO THEY. THE NEXT ITEM ON THE AGENDA IS ITEM NUMBER 23, WHICH IS SUB 2315622 AT 745.
SEATON ROAD SOUTH WEST OFFICER IS LISA WAKELIN.
WE HAVE AN ISSUE WITH THIS CASE.
THE ACTUAL OWNER OF THE PROPERTY IS DECEASED AND THERE ARE TWO SQUATTERS THAT ARE LIVING IN THE HOME, BUT THEY'RE NOT AUTHORIZED TO SPEAK ON BEHALF OF THE HOMEOWNER BECAUSE THEY DON'T OWN HAVE ANYTHING SHOWING THAT THEY'RE ABLE TO SPEAK.
IT IS. YOU CAN LISTEN TO THEM, BUT.
YOU WILL. I'LL DEFINITELY GIVE YOU AN OPPORTUNITY TO SPEAK.
I THINK I'M GOING TO I'M GOING TO LET THEM I'M GOING TO LET THEM SPEAK.
BUT I WANT TO HEAR FROM THE CITY FIRST.
CADASTRAL LISA WHITE CITY OF POMPEI.
[00:40:08]
AGAIN, THE COMPLAINANT, THE WITNESSES HERE AND THE PROPERTY OWNER, THE RESPONDENT IS DECEASED.SO WHAT'S THIS? WHAT'S THIS BUSINESS ABOUT THE NUISANCE DISPOSING OF HUMAN WASTE IS THAT THAT IS BECAUSE THERE'S PERSONS LIVING IN THE RECREATIONAL VEHICLE.
SO IT'S DISPOSING OF THE WASTE IN THE RECREATIONAL VEHICLE.
OR THEN. IS ANYBODY LIVING IN THE HOUSE OR IS IT JUST IN THE RV? BOTH. THAT'S WHAT IT'S BEEN.
YES. THAT'S BEEN BOTH OCCUPANTS OF BOTH.
AND THEN THE FENCE IS LEANING.
THERE'S A PORTION OF THE BACK THAT'S BEEN TOLD TO ME.
THAT'S I KNOW THAT'S HEARSAY IS CHAIN LINKED, BUT THE WITNESS WILL TESTIFY TO THAT.
HOWEVER, I ALSO CITED THEM BECAUSE IN THE PICTURES YOU COULD SEE THE FENCE IS LEANING.
IT'S BEING HELD UP BY POSTS, SO IT'S NOT STURDY.
AND THIS MR. JOHN BIANCO IS THE DECEASED.
THE DECEASED. DO WE KNOW OF ANYBODY THAT LOOKED AT THE HOUSE, WILL? NOBODY HAS REACHED OUT TO ME ON HIS BEHALF.
I DID RECEIVE PHONE CALLS FROM SUPPOSED PERSONS LIVING THERE.
I DON'T HAVE PROOF IF THEY'RE A TENANT OF ANY SORT OR WHAT THEIR CONNECTION IS.
BUT I DO HAVE THE NEIGHBOR THAT'S HERE WITH ALL THE PICTURES THAT ARE IN THE CASE.
AND ARE YOU THE INDIVIDUALS LIVING ON THE PROPERTY RIGHT NOW? OKAY. PLEASE STATE YOUR NAME FOR THE RECORD.
DAVID WOODRING HOW DID YOU COME TO LIVE ON THE PROPERTY? JAN SECOND I STARTED RENTING A ROOM FROM HIM.
BEN, DO YOU HAVE A LEASE EVEN? SO ME AND HIM AND LIKE FRIENDS FOR OVER 40 YEARS.
SO I WAS RENTING A ROOM AND HE PASSED AWAY MAY 15TH.
SO ARE YOU LIVING IN THE HOUSE OR IN THE RV? IN THE HOUSE? YOU'RE LIVING IN THE HOUSE.
WHO'S LIVING IN THE RV? NOBODY. THEY MOVED INTO THE HOUSE.
EVERYBODY'S MOVED INTO THE HOUSE.
WHO ELSE? WHO IS. WHO ELSE IS EVERYBODY? I'M. HER AND HER SISTER MOVED IN AND RV ACTUALLY IS OWNED BY HER SISTER.
MA'AM, CAN YOU PLEASE COME UP? STATE. YOUR NAME? JULIANNE KERRY.
AND WHAT'S YOUR WHAT'S YOUR RELATION TO THIS GENTLEMAN? HE'S A FRIEND.
THREE PEOPLE LIVING IN THIS HOUSE.
DON'T OWN IT. ARE YOU PAYING RENT TO ANYBODY? I'M MAINTAINING THE HOUSE FOR HIS WIDOW RIGHT NOW.
AND WHERE IS HIS WIDOW? SHE LIVES UP NORTH.
BUT TWO WEEKS FROM WEDNESDAY, SHE HAD HER LEG AMPUTATED.
SHE HAS NOT BEEN ABLE TO COME.
BUT WE HAVE BEEN MAINTAINING WE PAY THE ELECTRIC BILL, WE PAY ALL THE BILLS IN THE HOME ELECTRICS IN MY NAME, WE CORRECTED THE PROBLEMS. THERE'S NOBODY LIVING IN THE RV.
ACTUALLY, THE HEALTH INSPECTOR CAME OUT AND EXPECTED MY SISTER WAS LIVING IN THE RV.
SHE HAD TWO WEEKS TO DO THAT BEFORE WE RENOVATED THE ROOM INSIDE FOR HER TO TO MOVE IN.
AND THEY GAVE US A CLEAN BILL OF HEALTH BECAUSE WE HAVE, WHAT IS IT CALLED? MY SISTER HOUSE. IT'S A PORTABLE CONTAINER.
AND YOU GO TO THE TRUCK AND YOU TAKE IT TO THE DUMP.
BUT WE SENT HIM. WE DISCONNECTED EVERYTHING.
DISCONNECTED THE BANK, SHUT EVERYTHING.
ALL RIGHT. YOU CAN SIT DOWN AND TO HERE FROM THE.
PLEASE STATE YOUR NAME. YEAH, IT'S ANDREW MACKIE.
MY NEIGHBOR, JOHN BIANCO, HAD A CHILDHOOD FRIEND WHO'S NOT RENTING A ROOM.
HE WAS TRYING TO HELP HIM GET ON HIS FEET.
MY NEIGHBOR DIED IN A MOTORCYCLE ACCIDENT.
AND THEY'VE BEEN LIVING IN THEIR.
I HAVE PICTURES FROM JUNE JULY THE 30TH.
[00:45:05]
TEXT MESSAGES SAYING THAT HE WAS GOING TO MOVE THE RV TO WHERE I DON'T SEE IT WHEN I'M DOING DISHES.PEOPLE SMOKING CIGARETS EVERY DAY.
AND IT'S IT'S PRETTY PATHETIC.
I. YOU NOTICED THE NUISANCE ONE ABOUT HUMAN WASTE? THAT ONE. SO I CALLED ON THEM BECAUSE ONE MORNING I WAS MOWING THE YARD AND IT WAS RAINING AND I WAS GETTING LIKE A LIKE A SHAMPOO SLASH, YOU KNOW, JUST DUMPING WATER INTO THE GRASS WHILE IT WAS RAINING.
SO I CALLED THE ENVIRONMENTAL HEALTH AND THE GUY CAME DOWN AND SAID, OH, NO, SOMEONE'S LIVING IN.
I DON'T SEE ANY SEWAGE LEAKING.
AND SO AS OF TWO WEEKS AGO, WHEN THEY WERE SERVED ON THE DOOR, HE STARTED MOVING PEOPLE OUT.
I DON'T KNOW IF THEY'RE STILL LIVING IN THERE.
I'VE BEEN THERE TEN YEARS. I'VE NEVER SAID ANYTHING TO ANYONE.
I USED TO LET JOHN AND HIS WIFE KEEP HORSES THERE AND NEVER SAID ANYTHING.
BUT I CAN'T HAVE PEOPLE LIVING IN THERE.
SO WHETHER THEY'RE LIVING THERE OR NOT, THEY GO IN THERE EVERY DAY.
ALL THE NEIGHBORHOOD KNOWS BECAUSE THEY ALL COME TO MY HOUSE FOR BARBECUES.
YOU KNOW, I'M LIKE THE CENTER HUB.
AND I WAS CORDIAL WITH THE GUY.
I GAVE HIM A WEED WHACKER. HE'S NOT USED IT ONE TIME.
I HAVE VINES NOW GROWING OVER FROM THE CAMPER ONTO MY FENCE.
I HAVE CHAIN LINK FENCE SECTIONS BETWEEN OUR PROPERTY WHERE I GET TO SEE ALL THE TRASH.
AND I JUST. I JUST WANT THE CAMPER GONE.
I DON'T CARE ABOUT ALL THE DERELICT VEHICLES THAT DON'T BOTHER ME.
WHAT BOTHERS ME IS THE PEOPLE IN THE CAMPER, IF THEY MOVE THE CAMPER, WHATEVER, YOU KNOW.
UM. HAVE ANY OF THESE BEEN BROUGHT INTO COMPLIANCE? YES, THE PAINTING.
SOMEBODY PAINTED THE GARAGE DOOR.
IT WAS MENTIONED TO ME THAT DAVID MR. DAVID WOODRING, AS FAR AS THE DISPOSING OF THE HUMAN WASTE, THAT ONE I HAD NOT BROUGHT INTO COMPLIANCE AS OF YET BECAUSE I HAD NOT SPOKEN TO THE HEALTH DEPARTMENT.
BUT AS BOTH TESTIMONIALS, THEY SAID THAT I GUESS THERE IS NO HUMAN WASTE BEING DISPOSED.
I DON'T THAT'S NOT I CAN'T CONFIRM OR DENY THAT.
BUT AS FAR AS THE OTHER ONES, FROM WHAT I CAN SEE, ARE STILL IN VIOLATION.
ALL RIGHT. SO HERE'S THE HERE'S THE REAL PROBLEM I SEE WITH THIS.
THE CODE. THE REASON WE HAVE CODES IS TO PROTECT THE PEOPLE LIVING AROUND THE PROPERTY.
THIS THIS PUNISHMENT IS ONLY AGAINST HER BECAUSE ASSUMING THAT SHE ENDS UP INHERITING THE PROPERTY.
SO I THINK IT'S I THINK THE CITY WOULD BE MORE THAN HAPPY TO GO OUT THERE AS SOON AS EVERYTHING IS IN COMPLIANCE TO MINIMIZE THE THE IMPACT OF THE FINE.
I DON'T HAVE A LOT OF SYMPATHY FOR YOU PERSONALLY, BECAUSE THIS ISN'T GOING TO AFFECT YOU.
BUT WE GOT TO GET WE HAVE TO GET THIS PROPERTY INTO COMPLIANCE BECAUSE IT SOUNDS LIKE IT'S IT'S IT MIGHT BE JUST A NUISANCE NOW, BUT IT SOUNDS LIKE IT'S BORDERING ON BECOMING A DANGER TO THE NEIGHBORHOOD.
THAT'S PRETTY MUCH THE EXTENT OF MY AUTHORITY HERE.
ANYWAY, WE COULD HAVE ONE WEEK TO HAVE EVERYTHING DONE.
WE'D HAVE TO CALL A HAULER TO GET THE CAMPER AWAY.
AND I DON'T KNOW IF THEY'RE GOING TO BE AVAILABLE RIGHT AWAY, LIKE TOMORROW.
I'M. DOOR IS OPEN AS IT'S GOT A SCREEN.
THAT'S WHERE SHE PUT HER STUFF.
SEE, THAT'S THAT'S THE PROBLEM THERE.
THEY WANT TO KEEP ALL THEIR TRASH BEHIND.
BUT I WANT THE CAMPER OFF THE PROPERTY.
THEY HAVE NO RIGHTS TO STORE IT THERE.
[00:50:02]
AND I HAVE ALL THE RIGHT TO COMPLAIN ABOUT SEEING IT WHILE I'M DOING DISHES.I MEAN, IT'S REALLY THAT BIG OF AN EYESORE.
IT'S SIX FEET ABOVE A SIX FOOT FENCE.
IT'S. HOW DO THEY HAVE THE RIGHT TO PERMISSION ON SOMEONE'S PROPERTY? THIS LADY WASN'T EVEN IN THE HOUSE.
AND I'VE MET THE THE WIDOW, AND SHE DOES.
SHE DID HAVE HER LEG AMPUTATED NOT EVEN TWO WEEKS AGO.
BUT SHE DOES PLAN TO MOVE BACK INTO THE RESIDENCE BECAUSE SHE CAN NO LONGER WORK AS SOON AS SHE.
AND SHE GAVE ME PERMISSION TO MOVE IN THERE.
I THINK WHAT I THINK I THINK I'M GOING TO STICK WITH MY DECISION.
I'M GOING TO FIND YOU IN VIOLATION.
AND STARTING TODAY, $50 A DAY.
SO I THINK COMPLIANCE AS SOON AS YOU CAN.
AND THEN ONCE THE MOMENT YOU'RE IN COMPLIANCE, CALL THE CITY.
AND I'M SURE THEY'LL HAVE NO PROBLEM SENDING SOMEONE OUT THERE THAT DAY.
BUT I MEAN, THERE AIN'T NO WAY I COULD GET, LIKE, TWO WEEKS TO GET IT.
IT'S JUST TAKEN ME A LONG, A LONG TIME TRYING TO HELP MYSELF.
WELL, I WOULD MAYBE CALL SOMEONE THEN.
I FEEL LIKE THIS IS THIS HAS BEEN GOING ON LONG ENOUGH.
I DON'T THINK WE NEED ANY MORE EXTENSIONS.
YEAH, BUT WHY? WHAT IS WRONG WITH STORING A CAMPER IN MY YARD? INSIDE THE PRIVACY FENCE.
IMPEDE WAY 30 FEET AWAY FROM THEIR HOUSE.
AND LIKE I TOLD THE LAST PEOPLE THAT WERE STORING THEIR THEIR RV IN VIOLATION OF THE CODE.
RECREATIONAL. I'M OWED THE CODE ENFORCEMENT.
APPARENTLY DOES NOT FEEL THAT THE WAY YOU'RE STORING IT IS IN COMPLIANCE.
UH, I'M INCLINED TO AGREE WITH THEM, SO I DON'T THINK WE NEED TO HEAR ANY MORE ABOUT THIS.
[HEARINGS: SET FINE]
OUR NEXT CASE TO BE HEARD IS ITEM NUMBER 43 UNDER THE SET.FINE. THIS IS CB 2320322 AT 166 FAYETTEVILLE STREET, SOUTHWEST. AND YOU SEE THAT NUMBER AGAIN, PLEASE.
YOU KNOW, MINE, SARA JUST GOING FOR IT.
IT'S JUST EASIER FOR ME TO WRAP MY HEAD AROUND THE ISSUES WHEN CITY PRESENTS FIRST.
HE HAS BEEN IN CONTACT WITH ME AND HE WILL EXPLAIN WHAT'S GOING ON WITH THE PROPERTY.
STATE. YOUR NAME, SIR? MY NAME IS NEWTON GRANT AND I'M THE OWNER OF THE PROPERTY.
THE PERSON WHO LIVED NEXT DOOR, WHO OWNED THE LOT, WHO OWNED THE HOUSE, LISTED THEIR HOUSE FOR SALE.
THEY THOUGHT THAT THE SHEDS WERE GOING TO BE AN EYESORE.
SO THEY CHOPPED IT DOWN WITHOUT MY KNOWLEDGE AND LEFT IT IN THE FRONT OF THE PROPERTY.
SO I'M JUST ASKING FOR 30 DAYS TO CLEAN IT UP.
DOES THE CITY HAVE ANY ANY OBJECTION TO THIS? THERE'S NO OBJECTION TO THE 30 DAYS.
THEN THAT'S THAT'S NO PROBLEM AT ALL.
FINE FOR EVERY DAY AFTER THAT.
IT'S NONCOMPLIANCE. YOU DO HAVE A CASE THAT HAS BEEN CLOSED BY THE CITY THAT IS 2321822 AT 3375 BAYSIDE LAKES BOULEVARD SOUTHEAST. WE HAVE TWO CASES THAT HAVE COME INTO VOLUNTARY COMPLIANCE.
THOSE ARE 2316622 AT 1355 SAN CORTEZ AVENUE NORTHEAST AND 2319922 AT 764 SEVEN GABLES CIRCLE SOUTHEAST.
[00:55:08]
FOLLOWING CASES ON THE AGENDA UNDER HEARINGS.PER DAY, FINE ITEMS ONE THROUGH 27 WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY IN, THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED. THE CITY REPRESENTS THE ALL RESPONDENTS HAVE BEEN SERVED OR NOTICED.
ACCORDING TO CHAPTER ONE, 62 OF THE FOUR ESTATE STATUTES AND THE PALM BAY CODE OF ORDINANCES.
THE RESPONDENTS ARE NOT PRESENT TO BE HEARD IN THE CASES HAVE NOT COME INTO COMPLIANCE.
THE CITY IS SUBMITTING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES AND REQUESTS THAT THE SPECIAL MAGISTRATE FIND THE RESPONDENTS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION THAT THE SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND SET A DAILY FINE TO BE IMPOSED IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE. I FIND THAT ALL THE RESPONDENTS IN THE CASE IS LISTED BY THE SECRETARY ARE IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENT OF VIOLATION.
FOLLOWING CASES ON THE AGENDA UNDER FINE ITEMS, ONE THROUGH 57 WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY, AND THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
THE RESPONDENTS ARE NOT PRESENT TO BE HEARD IN THE CASES HAVE NOT COME INTO COMPLIANCE.
THE CITY IS SUBMITTING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES AND REQUESTS THAT THE SPECIAL MAGISTRATE FIND THE RESPONDENTS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION THAT THE SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND IMPOSE A FINE IF THE RESPONDENTS FAILED TO COME INTO COMPLIANCE.
THE CITY ALSO REQUESTS A SPECIAL MAGISTRATE, AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS, TO BRING THE PROPERTY INTO COMPLIANCE AND CHARGE THE PROPERTY OWNER WITH A REASONABLE COST OF THE ACTIONS, ALONG WITH THE FINE IMPOSED IF NOT IN COMPLIANCE BY THE COMPLIANCE DATE.
RESPONDENTS IN THE CASES LISTED HAVE UNTIL SEPTEMBER 24TH, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER TO BRING THE RESPECTIVE PROPERTIES INTO COMPLIANCE OR PAY A FLAT FINE OF $200. AUTHORIZES THE CITY TO TAKE ALL REASONABLE ACTIONS, TO BRING THE PROPERTIES INTO COMPLIANCE AND TO CHARGE THE PROPERTY OWNER WITH THE REASONABLE COST OF THE ACTIONS ALONG WITH THE IMPOSED FINE. SIT FOR A HEARING, SIR.
UM, UH, DOES ANYONE IN THE AUDIENCE HAVE ANYTHING? SIN CITY. ALL RIGHT, THEN WE ARE ADJOURNED AT 208.
* This transcript was compiled from uncorrected Closed Captioning.