[CALL TO ORDER]
[00:00:04]
LET'S CALL THE OCTOBER 12TH CODE ENFORCEMENT SPECIAL MAGISTRATE MEETING TO ORDER.
[SWEARING IN]
WE'LL BEGIN WITH SWEARING IN.THIS IS A QUASI JUDICIAL PROCEEDING, SO EVIDENCE BY TESTIMONY.
EVERYBODY THAT INTENDS TO SPEAK TODAY, PLEASE STAND UP.
YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YOU MAY BE SEATED. I REVIEWED THE MINUTES BEFOREHAND.
[ADOPTION OF MINUTES]
EVERYTHING LOOKED IN ORDER AND I HAVE APPROVED THEM.SO THERE. OUR FIRST CASE TO BE HEARD ON THE
[REPORTS]
REPORTS IS CB 2302522 4670 BABCOCK STREET NORTHEAST.IT'S POSSIBLE I'D PREFER TO HEAR FROM.
SABRINA PERKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.
THEY ARE HAVE WITHDRAWN USING THE PROPERTY.
SO THEY'RE NOT GOING TO NEED THE REZONING ON THAT.
AND IT'S IN THE BUSINESS TAX FOR C LICENSE BECAUSE HE'S GOING TO WITHDRAW THE BUSINESS.
IS THAT CORRECT? AND THEN AS FAR AS THE FENCE PERMIT GOES.
AT THIS POINT, I THINK HE JUST NEEDS MORE TIME TO GET SOME THINGS DONE IN THE CITY.
HE DOESN'T HAVE A PROBLEM WITH THAT.
HOW MUCH HOW MUCH MORE TIME DO YOU THINK YOU NEED? IT'S A MONTH OR SO BECAUSE LAND DEVELOPMENT IS SO BEHIND EVERY TIME WE SEND THEM A LONG TIME TO RESPOND.
ALSO, THE ENGINEER IS ALSO DRAWING SOME KIND OF SIGN THAT THEY'RE LOOKING FOR.
BUT WE'LL GO WITH ONE MONTH, A MONTH EXTENSION AND THEN WE NEED TO.
THE VILLAGE ALREADY MOVED THE ARBY'S AND GONE.
ONE MONTH EXTENSION. WHAT'S THE DATE ON THE MONTH? THERE WILL BE ONE MONTH FROM TODAY, SO THAT WOULD BE NOVEMBER 11.
OKAY. OUR NEXT CASE IS KEBBI 2301422 AT 3283 FAIRFAX AVENUE, NORTHEAST AND THE CODE OFFICER IS VALERIE PRESENCE AND SHE ACTUALLY SAID THAT THAT CASE IS IN COMPLIANCE.
NEED TO. GO AHEAD AND APPROVE THE AUTHORIZATION.
FIND THAT ALL RESPONDENTS CASES LISTED IN THE AUTHORIZATION TO IMPOSE FINES FOR NONCOMPLIANCE STATED ON THE REPORT AND IMPOSE THE FINES AS LISTED ON THE REPORT DATED.
[HEARINGS]
WE'RE MOVING ON TO HEARINGS.OUR NEXT CASE TO BE HEARD IS CB 2327.
YOU SET? FINE AND SET 1670 HARTWELL VILLAGE STREET NORTHWEST.
THE COURT OFFICER IS ACCOSTED.
[00:05:16]
AND ANGELICA SNEED, CO COMPLIANCE OFFICER FOR THE CITY OF PALM BAY.THE VIOLATIONS THAT STILL EXIST ARE THIS OTHER SAME, WHICH IS SECTION 93.03.
THIS NOTICE WAS POSTED ON THE HOUSE ON AUGUST 30TH AND 2022, AND THE RESPONDENT IS HERE.
VIOLATIONS FOR SECTION 93.03 TALL GRASS AND WEEDS.
I OWN 1670 HARTWELL VILLE AND.
LAST YEAR, I WENT THROUGH THREE LAWNMOWERS.
I ONLY FOUND A GOOD ONE, EXCEPT THAT IT DIDN'T LAST SIX MONTHS.
SO I HAD TO FIND SOME PLACE TO REPAIR IT.
DON'T HAVE A COMPUTER. COULDN'T LOOK IT UP.
I FINALLY FOUND EAST SIDE MOWERS.
I THINK IT IS. AND THEY PICK UP AND DELIVER, WHICH WAS FANTASTIC.
I CAN GO THERE ANY TIME AND GET IT REPAIRED.
DO YOU THINK YOU'LL NEED TO DO THAT? WELL, ABOUT A WEEK TO FINISH THE GRASS BECAUSE IT'S ABOUT 80% DONE.
BUT SOMEBODY RAN INTO MY DITCH DURING AN.
UNDER THE DRIVEWAY, AND I HAVE TO DIG THAT OUT SOMEHOW.
I DON'T KNOW HOW LONG THAT'S GOING TO TAKE.
I THINK I'VE HAD MY DEFEAT BEFORE.
HAVE AN OBJECTION TO 30 DAY EXTENSION.
SORRY. THE THE ISSUE IS THAT I DO HAVE COMPLAINANTS ON THIS.
THIS IS THIS IS NOT A ROUTINE PATROL.
AND I DON'T KNOW IF YOU SEE THE PICTURE, BUT THE GRASS IS PROBABLY ABOUT 3 TO 4 FEET HIGH.
WELL, I DON'T KNOW IF IT'S STILL LIKE THIS, BUT THAT'S PRETTY HIGH.
OKAY. SO THAT THAT'S AN ISSUE.
THE NEIGHBORS ARE COMPLAINING ABOUT IT.
AND I'LL GO AHEAD AND GIVE YOU THE ONE WEEK, ONE WEEK YOUR LAWN MOWER BACK.
BALLMER IS BACK I JUST RAN OUT OF.
SO LET'S GO WITH A ONE WEEK EXTENSION THEN.
ALL RIGHT. AND WHEN I'M DONE JUST CALL CITY AND THEY'LL.
THE. ONE WEEK FROM TODAY WOULD BE.
FINE STATE WILL SET FOR OCTOBER 19.
THE NEXT CASE TO BE HEARD IS SEB.
41 AND IT IS AT 461 NEWARK ROAD SOUTHEAST.
AND THE CODE OFFICER IS LISA GLENN.
PRODUCER LISA WEIGEL IN THE CITY OF PALM BAY.
THE VIOLATIONS THAT STILL EXIST ARE THE SAME, HOWEVER.
I HAD A PHONE TAG WITH THE PROPERTY OWNERS.
THEY HAD CUT A LOT OF IT ALONG THE FENCE.
JUST LAST WEEK I WENT IN RE-INSPECTED.
BASE FOR. MY NAME IS BERNARD BAYLISS.
I CLEARED SO THE DOCUMENTATION I RECEIVED.
[00:10:03]
SO THERE WAS TALL GRASS BETWEEN THE FENCES.I SUBMITTED THE PICTURES AS EVIDENCE.
I LOOK FORWARD TO SEEING WHATEVER'S LEFT.
SOUNDS LIKE YOU JUST NEED TO GO BACK AND READ BACK.
YOU RECEIVED THESE? I'VE SAID THIS.
SO I WOULD HAVE TO TRESPASS ON THEIR PROPERTY.
KIND OF. BUT YOU ONLY HAVE TO CUT THE.
I'VE DONE THAT. IN FACT, I HAVE THE PICTURES RIGHT HERE.
IF YOU CAN SEE THAT. THERE'S NO VEGETATION.
AND IT'S CLEAR. SO THERE IS VEGETATION ON THE CHAIN LINK FENCE, BUT IT'S ON IT'S ON THE SIDE OF MY NEIGHBOR AND THE IT'S ACTUALLY A VINE AND IT'S GROWING FROM A VACANT LOT.
IT'S NOT ON MY SIDE OF THE FENCE.
I ASSUMED IT WASN'T MY RESPONSIBILITY.
YOU NEED TO SEE THE PICTURES, SIR.
AWESOME. FROM ME LOOKING AT THESE PICTURES.
NOW YOU ONLY HAVE TO CLEAR THE VEGETATION THAT'S ON THAT'S ON YOUR PROPERTY.
BUT IF IT'S GROWING FROM ANOTHER PROPERTY ONTO YOURS, IT'S STILL YOUR RESPONSIBILITY.
AND I'VE CLEARED ALL THAT THAT'S IN THE PICTURE.
AND IT SOUNDS TO ME LIKE WHAT WE JUST NEED TO DO IS GET THE PROPERTY.
THAT'S SOUND GOOD. A WEEK FOR INSPECTION.
I'LL GIVE YOU A ONE WEEK EXTENSION PROPERTY INTO COMPLIANCE, WHICH IS OCTOBER 19.
AFTER THAT, CAN WE? IS IT OKAY TO DO A TWO WEEK BECAUSE I'M GONE FOR THE NEXT WEEK? IT'S MINE. OKAY.
THANK YOU. OUR NEXT CASE TO BE HEARD IS CV 2325.
ONE, TWO, TWO IS ITEM NUMBER 33 AND THIS IS AT 1343 WHITEHURST ROAD SOUTHWEST.
AND AGAIN, THE CODE OFFICER IS LISA WAKELIN.
PRESS RELEASE, AUCKLAND CITY OPENED THE PROPERTY.
[00:15:03]
VIOLATIONS STILL EXIST.IS. THE FENCE AND ACCESSING THE SOIL.
THE PROPERTY OWNER HAS BEEN MAKING IMPROVEMENTS.
SO ON MY BEHALF, I WAS WANTING TO GET AN EXTENSION FOR THAT PROPERTY OWNER FOR 30 DAYS.
PROPERTY OWNERS HERE TO ASK FOR MORE TIME.
I JUST HAVE SOME, I GUESS, CLARIFICATION QUESTIONS ABOUT THE MATERIAL AND.
THAT WOULD PROBABLY BE SOMETHING.
SABRINA PERKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.
THE VIOLATIONS THAT STILL EXIST ARE THE SAME.
THIS IS A OFFENSE THAT'S IN DISREPAIR.
SO I WANTED TO SEE IF I COULD GET A SHORT COMPLIANCE ON THAT.
PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES, MA'AM. THANK YOU. HI.
YOU'RE RENTING? YES, I'M ON A LEASE WITH THEM.
HAVE THEY BEEN DOING ANYTHING TO THIS FENCE UP TO NOW? I HAVEN'T. THEY SENT ME THE PAPERWORK, ASKED IF WE WOULD REPAIR THE FENCE WITHIN 15 DAYS, AND I SENT THEM BACK A MESSAGE AND SAID, NO, WE'RE NOT REPAIRING IT.
WE'RE IN LITIGATION WITH THEM OVER THE HOUSE.
I DON'T KNOW WHEN THAT LAST STORM WAS THAT KIND OF HOVERED OVER PUERTO RICO FOR A WHILE.
TWO, THREE YEARS IT'S BEEN DOWN.
THE GATE IS ACTUALLY LIKE RUSTED INTO THE GROUND.
IT DOESN'T SOUND LIKE IT SOUNDS LIKE IT'S THE.
NO. WELL, I DON'T SEE ANY REASON TO GIVE AN EXTENSION AT ALL.
YEAH. I HAVE THE EMAIL THEY SENT ME AND ASKED ME TO FIX IT.
I'M NOT INCLINED TO GIVE HIM ANY.
THEY HAD THE AMPLE AMOUNT OF TIME TO FIX IT.
AND IT IS A SAFETY HEALTH CONCERN.
OKAY, SO YOU WANT AN IMMEDIATE COMPLIANCE, LIKE A 24 HOUR? ENOUGH TO NOTIFY THEM.
IS THAT A 24 TO 48 HOUR TYPE DEAL? WHAT WAS ON THE ORIGINAL NOTICE? WELL, THE ORIGINAL NOTICE, THEY WERE GIVEN PROBABLY 30 PLUS DAYS TO TAKE CARE OF IT.
2325522 AT 2681 MADDEN AVENUE, SOUTH WEST.
AGAIN, THE CODE OFFICER IS LISA WHELAN.
ABOUT. THE PROPERTY OWNER WANTS TO.
[00:20:05]
YOU HAVE. UM.AH. WHAT'S YOUR ADDRESS? THE CLIENT.
WHAT AM I DOING? MADDEN WHAT? OFFICER LISA WEBB GLENN CITY OF PALM BAY.
THE VIOLATIONS STILL EXIST ARE THE SAME.
I HAVE RECEIVED AN EMAIL FROM THE PROPERTY OWNERS LAWYER IF I MAY READ THE EMAIL.
THERE IS A HEARING SET FOR THIS MATTER ON OCTOBER 12TH.
THERE ARE FIVE 2022 CC 047086.
I WAS PLANNING TO APPEAR AT THE OCTOBER 12TH HEARING TO STATE THIS FACT ON HER BEHALF, BUT I WAS WRITING TO REQUEST ADDITIONAL TIME SO WE CAN REMOVE THE TENANT AND THEIR VEHICLES FROM THE PROPERTY.
AN ADDITIONAL 60 DAYS SHOULD BE ENOUGH.
SO I'VE BEEN BY THE PROPERTY YESTERDAY.
IT DOES LOOK LIKE THE EVICTION PROCESS HAS STARTED.
SO I WAS JUST PRESENTING THIS CASE WITH THE.
LET'S GIVE HIM A 60 DAY EXTENSION.
WHICH NUMBER? DECEMBER 12TH. UM.
50. MY NEXT ONE IS KB TWO, THREE, THREE, ONE, TWO, TWO, TWO.
AT 1223 HATHAWAY ROAD SOUTHWEST.
OFFICER LISA WHALEN, CITY OF PALM BAY.
THE PROPERTY OWNER HAS REACHED OUT TO ME.
SHE HAS TRIED TO HIRE A CONTRACTOR TO HAVE THE VEGETATION CUT BACK.
ONE OF THE CONTRACTORS SAID THAT THEY WERE UNABLE TO DO THE JOB BECAUSE THE TENANTS FROM THAT.
A BUDDING PROPERTY HAS PUT TRASH ON THERE.
I WAS OUT THERE JUST A LITTLE BIT AGO, TOOK PICTURES.
IT'S NOT THAT MUCH TRASH TO BE REMOVED.
SO I RELAYED THAT TO THE PROPERTY OWNER.
SHE'S GOING TO GET A SECOND AND THIRD OPINION FROM OTHER CONTRACTORS.
SO SHE WAS HOPING TO GET 60 DAYS.
SHE'S WILLING TO CUT BACK THE VEGETATION, BUT SHE LIVES OUT OF STATE.
SO SHE DIDN'T KNOW HOW MUCH TRASH WAS ON THE PROPERTY.
THE. BECAUSE NOW THAT IT'S BEEN BROUGHT TO OUR ATTENTION THAT THERE'S TRASH THAT HAS TO BE REMOVED, IT'S GOING TO BE AN EXTRA FINE FOR HER VERSUS THE VEGETATION.
I MEAN, 45 DAYS SOUNDS REASONABLE.
I JUST DON'T KNOW HOW COST EFFECTIVE IT IS FOR HER, BUT IT'S.
THE TENANTS THAT PUT IN THE COMPLAINT ARE NO LONGER THERE.
I WAS THERE TODAY AND THERE'S A GUY REMODELING INSIDE.
[00:25:13]
THANK YOU. WE HAVE A COUPLE OF CASES THAT HAVE COME INTO VOLUNTARY COMPLIANCE.THOSE ARE 2322922 AT 1095 DALLAM AVENUE NORTHWEST, CB 2323, 122 AT 895, HIGHLAND AVENUE NORTHWEST.
CB 2325222 AT 394 MONT STREET SOUTHWEST.
BERRY STREET, SOUTHWEST AND CB 2326522 AT 1733 GLENWOOD STREET, NORTHEAST.
FOLLOWING CASES ON THE AGENDA, WE HEARD ITEMS ONE THROUGH 41 ON THE SET OR PER DAY.
WE'LL BE HEARING ON CONSENT WITHOUT FURTHER TESTIMONY.
AND THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
THE CITY REPRESENTS THE ALL RESPONDENTS HAVE BEEN SERVED A NOTICE TO, ACCORDING TO CHAPTER 162 OF THE FLORIDA STATE STATUTES AND THE 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 SAID A REASONABLE TIME FOR COMPLIANCE AND SET A DAILY FINE TO BE IMPOSED IF THE RESPONDENTS FAILED TO COME INTO COMPLIANCE. I FIND THAT ALL THE RESPONDENTS IN THE CASE IS LISTED BY THE SECRETARY OR IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.
THEIR PROPERTIES IN COMPLIANCE CITIES AUTHORIZED TO IMPOSE A FINE OF $50 PER DAY FOR EACH VIOLATION.
AND THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
THE CITY REPRESENTS. THE ALL RESPONDENTS HAVE BEEN SERVED A NOTICE, ACCORDING TO CHAPTER ONE, 62 OF THE 40 STATE STATUTES AND THE CODE OF ORDINANCES, 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 SET FINE IF THE RESPONDENTS FAILED TO COME INTO COMPLIANCE.
THE CITY ALSO REQUESTS THAT THE 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 STATE.
HIS OPPONENTS IN THE CASES LISTED HAVE UNTIL OCTOBER 22ND, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER TO BRING THE RESPECTIVE PROPERTIES IN COMPLIANCE OR PAY A FINE OF $200, AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS TO BRING THE PROPERTIES INTO COMPLIANCE AND CHARGE THE PROPERTY OWNER THE COST OF.
THE FOLLOWING CASE ON THE AGENDA ITEMS 67 AND 68 ON THE SET.
THE CITY REPRESENTS THE ALL RESPONDENTS HAVE BEEN SERVED A NOTICE, ACCORDING TO CHAPTER 162 OF THE FOUR STATE STATUTES AND THE PALM BAY CODE OF ORDINANCES, 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 FLAT FINE IF THE RESPONDENTS FAILED TO COME INTO COMPLIANCE.
WHO, UH, IF THERE'S NO OTHER BUSINESS, WILL ADJOURN.
* This transcript was compiled from uncorrected Closed Captioning.