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[00:00:01]

I LIKE TO CALL TO ORDER THE SPECIAL MAGISTRATE MEETING OF APRIL 19TH, 2023.

[CALL TO ORDER]

IT'S 1:00 PM.

MY NAME IS JAMES BEADLE.

ACTUALLY, I'VE ALREADY BEEN THROUGH THIS WITH YOU, SO WHY DON'T YOU GO AHEAD AND CALL THE FIRST CASE, PLEASE?

[PETITION FOR RELIEF]

THE FIRST CASE TO BE HEARD IS KB 1848117 AND 2244621 AT 2850 SHAWANDA AVENUE, NORTHEAST.

AND CAN 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. JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD.

RANOLA. ROBIN ALFARO 775.

JOHN CARROLL LANE WEST.

MEL 32904.

YOU CAN PROCEED WITH YOUR REQUEST.

I FINALLY CLOSED ON MARCH 17TH FOR THE PROPERTY THAT HAS THE LIEN AGAINST IT, AND I STARTED THE ROOF.

THE PERMIT WAS FILED ON MARCH 30TH.

HAULED OUT, LIKE, FOR EXAMPLE, TWO DUMPSTERS FULL OF TRASH.

SO I WILL BE ASKING FOR AN EXTENSION FOR THE FULL 120 DAYS, IF YOU DON'T MIND.

ANGELICA SNEED. CODE OF COMPLIANCE.

CODE COMPLIANCE OFFICER.

CITY OF PALM BAY. THE CITY DOESN'T HAVE AN OBJECTION TO THE EXTENSION.

UH, FOR 120 DAYS.

THAT'S FINE. MIGHT HAVE NO OBJECTION FROM THE CITY ISLAND IN AN ORDER EXTENDING THE COMPLIANCE DATE BY 120 DAYS.

THANK YOU. AND WHOM DO I CONTACT ONCE THIS IS COMPLETED? YOU CAN CONTACT THE CODE OFFICER, VALERIE BUSSINES.

AND JUST TO LET US KNOW THAT SO WE CAN COME OUT TO AN INSPECTION AND WE'LL.

VALERIE CUISINES.

PUSEY ANY.

I THINK I HAVE HER EMAIL.

THANK YOU VERY MUCH.

WILL THAT BE ALL? ALL RIGHT.

I'LL EMAIL IT TO YOU. WELL, YOU.

OUR NEXT CASE TO BE HEARD IS ITEM NUMBER ONE KB.

2247421 AT 735 NEW AVENUE NORTHWEST.

AND THIS IS A PHONE CONFERENCE.

IS VICTOR IN? MY NAME IS JAMES BEADLE.

CAN YOU HEAR ME? OKAY.

I'M THE SPECIAL MAGISTRATE THAT WAS APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION IN FINES.

[00:05:05]

AND THE GENERAL PROCEDURE IS, IS THAT YOU AS THE APPLICANT, WILL PUT ON YOUR CASE, THEN THE CITY WILL HAVE THE OPPORTUNITY TO RESPOND AND THEN YOU CAN RESPOND TO WHAT THE CITY'S TESTIMONY IS IF YOU DESIRE.

YOU UNDERSTAND? OKAY.

YOU CAN PROCEED THEN.

OKAY. WHERE DOES YOUR FATHER RESIDE? OKAY. THE REASON I'M ASKING IS, IS BECAUSE IN THE APPLICATION THAT YOU FILED, IT SAYS THE OCCUPANT, JAMES OR JESSE CARPENTER, PASSED AWAY IN OCTOBER 2022. SO WHAT WAS YOUR FATHER? WAS YOUR FATHER AND HE ROOMMATES? OKAY. OH, I GOT YOU.

OKAY, I SEE. I GOT THE TWO NUMBERS MIXED UP.

OKAY. OKAY.

OKAY. LET ME LET ME EXPLAIN SOMETHING TO YOU.

ONE OF THE ISSUES IS THAT THE PLAN IS NOT JUST PALM BAY, IT'S ANY LOCAL GOVERNMENTAL BODY THAT FILES CODE ENFORCEMENT CLAIMS. THE ONLY THING THAT THEY'RE OBLIGATED TO DO IS LOOK AT ADDRESSES THAT ARE MAINTAINED BY THE PROPERTY APPRAISER AND.

A TAX COLLECTOR IN THE COUNTY WHERE THE PROPERTY IS.

AND. THE ISSUE IS, IS THAT THE NOTICES WERE SENT OUT AND THERE WAS A HEARING HELD ABOUT THESE VIOLATIONS IN 2021.

SO I'M NOT SURE WHAT HAPPENED WITH THE NOTICES OTHER THAN PERHAPS THE.

THE OCCUPANT OR TENANT, WHATEVER HE WAS, DID NOT PROVIDE YOUR DAD NOTICE OF THE VIOLATIONS THAT THEY RECEIVED BECAUSE.

THE THERE WAS A HEARING THAT WAS HELD AFTER THE NOTICE THAT THEY'RE REQUIRED BY LAW TO PROVIDE.

SO THAT NOTICE WAS BACK IN OR THE HEARING WAS BACK IN NOVEMBER OF 2021, WHICH WAS 11 MONTHS BEFORE MR. CARPENTER PASSED AWAY.

SO THE CITY BASICALLY, ACCORDING TO THE RECORDS, PROVIDED NOTICE OF THE PROCEEDINGS AND NO ONE SHOWED UP, I GUESS.

SO THEY PROCEEDED WITH THE LIEN.

I JUST WANT TO LET YOU KNOW THAT.

BUT IT APPEARS THAT THE CITY PROVIDED THE NOTICES THAT THEY'RE REQUIRED BY STATUTE.

SO. SO.

THIS IS. THAT'S WHAT I'M.

THAT'S WHAT I'M. THAT'S WHAT I'M TRYING TO EXPLAIN TO YOU.

THIS HAPPENED BACK IN NOVEMBER OF 2021.

CORRECT. IT WAS 11 MONTHS BEFORE.

IT WAS 11 MONTHS BEFORE MR. CARPENTER PASSED AWAY.

I, I, I, I, I UNDERSTAND.

I UNDERSTAND THAT. BUT THE POINT I'M TRYING TO MAKE TO YOU IS, IS THAT I DON'T KNOW IF THE NOTICES WENT TO YOUR DAD BECAUSE THERE.

[00:10:07]

I UNDERSTAND.

THAT'S WHAT I'M TRYING TO EXPLAIN TO YOU.

THE THE CITY IN THIS CASE IS ONLY OBLIGATED TO FORWARD THE NOTICES THAT ARE MAINTAINED BY THE PROPERTY OWNER WITH THE PROPERTY APPRAISER'S OFFICE AND THE TAX COLLECTOR.

SO IF IF IF YOU IF THOSE ADDRESSES REFLECT THE MAILING ADDRESS OF THE PROPERTY, THEN YOU WOULD NOT HAVE GOTTEN IT UNLESS THE TENANT OR OCCUPANT PROVIDED IT TO YOU. THAT'S WHAT I'M TRYING TO EXPLAIN TO YOU.

YOU NEED TO HAVE AN ADDRESS.

IF YOU'RE NOT AN OCCUPANT, YOU NEED TO HAVE AN ADDRESS WHERE THESE NOTICES CAN BE FORWARDED TO.

THAT'S NOT THE OBLIGATION.

I UNDERSTAND. I UNDERSTAND.

BUT I'M JUST SAYING THAT'S THE I'M JUST POINTING THIS OUT.

THAT'S THE OBLIGATION OF A PROPERTY OWNER, IS TO PROVIDE AN ADDRESS FOR A PLACE WHERE NOTICES WILL BE RECEIVED BY THE OWNER OF THE PROPERTY.

SO WHAT IT LOOKS LIKE IS THE NOTICES WENT TO THE PROPERTY AS OPPOSED TO YOUR DAD BECAUSE OF THE ADDRESS THAT WAS PREVIOUSLY MADE OR IS MAINTAINED RIGHT NOW WITH THE WITH THOSE TWO PUBLIC AGENCIES.

SO I'M JUST SAYING IT WAS THE OBLIGATION OF THE PROPERTY OWNER TO PROVIDE AN ADDRESS WHERE THESE NOTICES CAN BE FORWARDED TO.

AND IN THIS CASE, IT LOOKS LIKE IT FELL THROUGH THE CRACKS, SO TO SPEAK.

BUT I'M JUST LETTING YOU KNOW THAT WAS THE CITY FILED THE STATUTORY PROCEDURE.

THAT'S ALL I'M TRYING TO EXPLAIN TO YOU.

OKAY. AND THEN. OKAY.

OKAY. NO, NO, NO.

I UNDERSTAND THAT.

OKAY. AND WHAT'S THE CITY'S POSITION REGARDING THIS? THE CITY HAS NO OBJECTION AND A REDUCTION.

THIS IS ANGELICA SNEED, CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY.

AND THE CITY HAS NO OBJECTION AND A REDUCTION OF THIS LIEN WITH THE UNDERSTANDING THAT THE ADMINISTRATIVE FEES ARE COLLECTED OF $750.

THE CITY IS ALSO ASKING FOR 3%, 13% OF THE TOTAL LIEN BE PAID, SO IT WOULD BE $750 PLUS $3,075.

SO IT'S A TOTAL WOULD BE $3,825.

DID YOU HEAR THE CITY POSITION? YOU HAVE DO YOU HAVE A DO YOU HAVE A COUNTER TO THE NUMBER? AND I'M GOING TO AWARD MORE THAN THAT.

YOU HAVE ANYTHING ELSE THAT YOU'D LIKE TO ADD? CORRECT. NO.

OKAY, I'LL ANSWER THAT RIGHT NOW.

NORMALLY THE CITY OR NOT THE CITY.

BUT NORMALLY THE ORDERS PROVIDE FOR PAYMENT WITHIN 30 DAYS.

I DON'T KNOW IF THAT'S A DOABLE OR NOT.

AND I'M GOING TO I'M GOING TO ENTER AN ORDER REDUCING THE TOTAL FINE TO $1,350.

HOW LONG WOULD YOU NEED TO TO PAY THAT? ALL RIGHT, I'LL DO 90 DAYS.

IF IT'S JUST TO LET YOU KNOW IF IT'S NOT PAID WITHIN THE 90 DAYS, THE CURRENT FINE IS REINSTATED.

YOU NEED TO CONTACT THE CITY'S CODE COMPLIANCE DEPARTMENT.

YES. YES, MA'AM.

THAT'S. THAT'S ALL WE HAVE.

YES, MA'AM. HAVE A GOOD DAY.

JUST APPROVE THE MINUTES AND SIGN THEM FOR THE LAST MEETING ON FEBRUARY 15TH.

[ADOPTION OF MINUTES]

BEING NO FURTHER BUSINESS BEFORE THE MAGISTRATE.

THE MEETING IS ADJOURNED AT 115.

* This transcript was compiled from uncorrected Closed Captioning.