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[CALL TO ORDER:]

[00:00:03]

GOOD AFTERNOON. IT'S APPROXIMATELY 1:07. I'D LIKE TO CALL THE MEETING FOR THE SPECIAL MAGISTRATE FOR CODE ENFORCEMENT TO ORDER. MY NAME IS JAMES BEADLE AND I'M THE PERSON THAT'S BEEN APPOINTED BY THE CITY OF PALM BAY TO ACT AS SPECIAL MAGISTRATE IN THESE FINE REDUCTION HEARINGS. THE GENERAL PROCESS FOR THIS PROCEDURE IS THAT THE APPLICANT WILL COME UP AND PRESENT THEIR CASE AND AT THAT POINT WHEN THAT IS COMPLETED THE CITY WILL THEN PUT ON ITS CASE AND THE APPLICANT WILL HAVE THE ABILITY TO RESPOND TO THE CITY'S PRESENTATION. THE WAY THIS SYSTEM WORKS IS THAT THE BURDEN IS ON THE APPLICANT TO ESTABLISH THE BASIS FOR THE REDUCTION. IF THERE ARE NO FACTS THAT REALLY ESTABLISH IT THEN I WILL NOT BE ABLE TO REDUCE IT. THE CODE THAT THE CITY HAS ESTABLISHED IS THE CRITERIA THAT I AM TO CONSIDER IN DETERMINING WHETHER OR NOT TO GRANT THE REQUEST. WITH THAT WE'LL HAVE THE FIRST CASE. [INAUDIBLE] THOSE WHO ARE TESTIFYING TO STAND AND

[SWEARING IN:]

RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH SO HELP YOU GOD.

[PETITION FOR RELIEF:]

CEB 18748-18, DON MORTON- PETITIONER 1127 DUNHAM STREET SE.

ANGELICA MARTINEZ, CODE OFFICER. I CAME HERE [INAUDIBLE]. OH, OKAY. HELLO.

ADDRESS PLEASE. DON MORTON 928 GOLDEN BEACH BOULEVARD, INDIAN HARBOUR BEACH, FLORIDA. YOU FILED AN APPLICATION FOR A FINE REDUCTION. YES. COULD YOU PLEASE PRESENT YOUR TESTIMONY? HUH? PLEASE PRESENT YOUR TESTIMONY AS TO WHY YOU ARE REQUESTING THE REDUCTION. THIS IS FOR BOTH PROPERTIES. I DIDN'T HAVE THE MONEY TO FIX IT. I'VE HAD A VERY. WELL BEFORE GO ANY FURTHER. I UNDERSTAND THAT YOU'RE HERE FOR TWO DIFFERENT PROPERTIES. CORRECT. WE HAVE TO HEAR EVIDENCE SPECIFICALLY AS TO EACH PROPERTY. OK. SO RIGHT NOW WE'RE HEARING. 1127. THE DUNHAM STREET PROPERTY. ALL RIGHT. THERE WAS A WRECKED CAR. STARTING DECEMBER OF LAST YEAR THEY HAD A WRECKED CAR THERE AND IT WAS INVOLVED IN LITIGATION AND IT WAS BROUGHT TO MY HOUSE BECAUSE I COULDN'T AFFORD THE STORAGE ON IT. THIS HOUSE IS MY DAUGHTER'S HOUSE FOR MY GRANDCHILDREN. IT'S A SAFE NEIGHBORHOOD FOR THEM TO GROW UP IN, SO I OWN THE HOUSE, I BOUGHT THE HOUSE AND THEY'RE NOT VERY GOOD AT TAKING CARE OF THE PROPERTY, SO I DO IT WHEN I CAN. I DID HAVE THE CAR COVERED UP, BUT A NEIGHBOR COMPLAINED AND WE PUT IT IN THE GARAGE AND I CALLED IN THAT IT WAS TAKEN CARE OF. THEN THE FENCE WAS FALLING DOWN. THERE WAS HURRICANE DAMAGE TO THAT HOUSE IN THE FENCE. I WAS GOING TO RUN IT THROUGH INSURANCE, BUT THE CITY WOULDN'T LET ME. THAT DIDN'T MAKE A DIFFERENCE TO THE CITY, SO WE PUT IT BACK TOGETHER AGAIN AND THEN THEY CAME OUT AND REINSPECTED IT AND THE GRASS WAS TOO TALL AND THE FENCE IT NEEDED A PRESSURE CLEANING AND THE POSTS NEEDS TO BE PAINTED. UNFORTUNATELY, IT'S THAT WAY THROUGHOUT THE NEIGHBORHOOD IF THEY WOULD LOOK, BUT I GUESS MINE HAD A SPECIAL COMPLAINT SO I TOOK CARE OF IT. I DID NOT KNOW I HAD EXCESSIVE FINES GROWING ON THE PROPERTY UNTIL I WENT TO SELL THE PROPERTY IN THE TITLES COMPANY TOLD ME. YOU HAVE LIEN FROM THE CITY OF PALM BAY, SO THAT'S WHY I'M HERE ACTING ON IT RIGHT AWAY BECAUSE AS SOON AS I FOUND OUT ABOUT THE EXCESSIVE LIENS. I WANT TO DO WHAT I CAN TO GET IT CLEARED UP. EVERYTHING HAS BEEN RECTIFIED AT THE PROPERTY. I'M IN COMPLIANCE WITH EVERYTHING. THE CAR'S BEEN GONE SINCE I BELIEVE JULY. MAY HAVE EVEN BEEN SOONER THAN THAT. I DON'T REMEMBER EXACTLY WHEN WE PUT IT IN THE GARAGE, BUT NOW IT'S NOT EVEN AT THE HOUSE ANYMORE. IT'S BEEN SOLD FOR SCRAP. THE FENCE COME INTO COMPLIANCE? HUH? WHEN DID THE FENCE COME INTO COMPLIANCE. TWO OR THREE WEEKS AGO I TOOK CARE OF IT. I CAME DOWN AND SPOKE WITH BERNADETTE AND SHE TOLD ME WHAT HAD TO BE DONE AND I TOOK CARE OF IT. THE CAR WAS INSURED, BUT THERE WAS NO COVERAGE FOR THE COLLISION OR SOMETHING SO IT WAS A TOTAL LOSS.

[00:05:01]

WHEN DID YOU RECEIVE THE NOTICE FROM THE CITY OF THE VIOLATION REGARDING THE CAR? I DON'T BELIEVE I EVER RECEIVED A NOTIFICATION. MY DAUGHTER WHO LIVED THERE SAID THAT THEY CAME BY AND SAID THAT I THINK THEY POSTED SOMETHING IN THE YARD, AND I COULDN'T TELL YOU WHEN THAT WAS. YOU LIVE IN COCONUT CREEK FLORIDA? THAT'S WHERE I USED TO LIVE. I CURRENTLY LIVE IN INDIAN HARBOUR BEACH. HOW LONG DID YOU LIVE IN COCONUT CREEK, FLORIDA? HOW LONG? I DON'T RECALL THE EXACT AMOUNT OF TIME I LIVED AT THAT PARTICULAR ADDRESS FOR A COUPLE OF YEARS. YOU STOPPED LIVING IN COCONUT CREEK. FOR A COUPLE YEARS. HOW LONG HAVE YOU NOT LIVED IN COCONUT CREEK? I CAN'T GIVE YOU AN EXACT. YOU WANT TO DATE? NUMBER? DATE COUNT? I MEAN I CAN'T TELL YOU EXACTLY WHEN. I'VE BEEN GOING BACK AND FORTH BETWEEN COCONUT CREEK AND MELBOURNE FOR QUITE SOME TIME. YOU JUST SAID YOU DON'T LIVE IN COCONUT CREEK ANYMORE. I DON'T. YOU'RE RIGHT. I DID SAY THAT. THAT'S MY TESTIMONY. WHEN DID YOU STOP LIVING IN COCONUT CREEK? A COUPLE OF YEARS AGO MY RESIDENCE WAS CHANGED COMPLETELY. THAT'S WHAT I WAS ASKING. DO YOU HAVE ANYTHING FURTHER? I CAN'T CONTROL WHAT GOES ON AT THE HOUSE. THE FENCE GATE WAS TWISTED OR SOMETHING AND THAT'S WHAT SOMEBODY WAS COMPLAINING ABOUT. I HAVE THREE GRANDKIDS THAT GO RUN AROUND IN THAT YARD AND THEY'RE CONSTANTLY PUTTING THE GATE OPEN AND EVIDENTLY IT WAS LOOKED AT THE DAY THE GATE WAS OPEN. WHAT'S THE CITY'S POSITION REGARDING THIS? ANGELICA MARTINEZ, CODE ENFORCEMENT OFFICER FOR THE CITY OF PALM BAY. THE CITY IS EXPECTING ALL FINES ACCRUED ON THE PROPERTY. I'M SORRY I CAN'T HEAR YOU. THE CITY IS EXPECTING ALL FINES ACCRUED ON THE PROPERTY.

THE CITY IS WHAT? THE CITY IS STILL SEEKING THE FILL $31,670. OH MY GOD. $31,000? YOU ASKED A QUESTION. SIR, WOULD YOU LET ME ANSWER YOUR QUESTION. YEAH. OK. YOU ASKED THE QUESTION.

I'M ANSWERING IT FOR YOU. I SURE DID. THE FINES THAT HAVE ACCUMULATED ON THE PROPERTY ARE $31,677.24.

THE CITY HAS INDICATED THAT THEY ARE SEEKING RECOVERY OF THE FULL AMOUNT. OK. WONDERFUL. WHERE WERE THE NOTICES OF THE VIOLATION FORWARDED TO MR. MORTON? SO THE NOTICE WAS SENT TO 4051 NORTHWEST [INAUDIBLE] STREET, COCONUT CREEK FLORIDA 33066. THIS PROPERTY WAS ALSO POSTED ON FEBRUARY 27, 2018. IT WAS POSTED WITH THE NOTICE OF HEARING WITH A STATEMENT OF VIOLATION. OK. AND WHAT HAPPENED WITH THE MAILINGS THAT WERE SENT TO COCONUT CREEK? LET ME SEE. I DO HAVE ONE MAILING RETURN AND IT SAYS UNCLAIMED, UNABLE TO FORWARD, WHICH THAT IS THE STATEMENT OF VIOLATION. ACTUALLY THIS ONE IS THE AFFIDAVIT OF NONCOMPLIANCE THAT CAME AND IT WAS RETURNED BACK. WHAT ABOUT THE NOTICE FOR THE HEARING? THE NOTICE FOR THE HEARING. I DON'T HAVE THE ENVELOPE FOR THAT ONE AND SO THAT'S WHAT WE ENDED UP POSTING FOR THAT ONE. YOU DIDN'T GET A GREEN CARD BACK FOR THAT ONE? NO. DID NOT GET A GREEN CARD. ANY RESPONSE TO THE CITY'S TESTIMONY? BY THE CITY'S TESTIMONY THERE'S PROOF THAT I WASN'T SERVED PROPERLY AT THE HOUSE. ACTUALLY SIR, THE WAY THE LAW IS SET UP FOR CODE ENFORCEMENT IS THAT A LOCAL GOVERNMENT IS REQUIRED TO FORWARD NOTICES TO THE ADDRESS THAT'S MAINTAINED BY EITHER THE PROPERTY APPRAISER OR THE TAX COLLECTORS OFFICE, WHICH IS THE COCONUT CREEK ADDRESS. OK. SO THAT'S WHERE THE NOTICES WERE FORWARDED, AND IF NOTICES ARE RETURNED THEY HAVE THE RIGHT TO POST THE PROPERTY. I ACKNOWLEDGE THAT THE PROPERTY WAS POSTED. THAT'S WHEN MY DAUGHTER TOLD ME ABOUT THAT. I UNDERSTAND. BUT WHAT DID YOU DO WHEN YOU FOUND OUT THE PROPERTY WAS POSTED. I GOT THE CAR IN THE GARAGE AND I TOLD THEM TO KEEP THE DAMN GATE SHUT. AND THEN I CALLED SOMEBODY AND THEY WERE ON VACATION. I DON'T REMEMBER WHO IT WAS I EVEN CALLED AND LEFT A MESSAGE. THEY SAID THEY WERE OUT OF TOWN FOR CERTAIN AMOUNT OF TIME AND LEFT THE MESSAGE THAT I COMPLIED WITH WHAT WAS BEING ASKED FOR. WHEN WAS THE PROPERTY POSTED? THE PROPERTY WAS POSTED ON FEBRUARY 27

[00:10:07]

2018, AND I HAVE ALSO PICTURES FROM MARCH 13, 2018 OF IT STILL BEING A VIOLATION WHICH IS THE JUNK VEHICLE AND THE FENCE IN DISREPAIR. I'M JUST GONNA LET YOU KNOW FOR MY CONCERN IS AS YOU SAY THAT YOU TOOK ACTION WHEN YOU FOUND OUT THAT THE PROPERTY WAS POSTED. THE PROPERTY WAS POSTED IN FEBRUARY WHICH WAS BEFORE THE ORDER SO THAT WAS DONE PRIOR TO THE MEETING AND THE NOTICE TELLS YOU THAT THERE IS A CODE ENFORCEMENT MEETING THAT'S GOING TO HAPPEN, WHICH IS THE MEETING IN WHICH THE ORDER WAS ENTERED BY THE BOARD. SO I HAVE NO IDEA WHY THE DISPARITY IN THE TIME BECAUSE YOU'RE BASICALLY TALKING FIVE MONTHS. I'M SORRY, FIVE MONTHS FROM WHAT? LET ME FINISH. BETWEEN THE DATE THE PROPERTY WAS POSTED. I'M NOT ALLOWED TO ASK YOU WHAT YOU'RE SAYING? LET ME FINISH WHAT I'M SAYING. GO AHEAD. GOD AHEAD. NOW I'VE GO TO REMEMBER EVERYTHING I GOT TO ASK YOU. GO AHEAD. YOU'RE THE BOSS. WELL. WHATEVER. LET ME GET INTO IT. JUST DON'T INTERRUPT ME WHILE I'M TRYING TO EXPLAIN TO YOU WHAT'S GOING ON. OK. IT'S OBVIOUS YOU DON'T UNDERSTAND THE PROCESS. I'M TRYING TO EXPLAIN TO YOU THE PROCESS. THE IDEA IS WHEN THE PROPERTY WAS POSTED IN FEBRUARY OF 2018 THERE IS A TIMEFRAME FROM FEBRUARY UNTIL YOU INDICATED YOU FOUND OUT ABOUT IT. MHM. I'M NOT SAYING THAT'S YOUR FAULT I'M JUST TELLING YOU THERE IS A FIVE MONTH GAP THERE BETWEEN WHEN THE PROPERTY WAS POSTED AND APPARENTLY YOUR DAUGHTER TELLING YOU ABOUT THE FACT IT WAS POSTED. I'M NOT PLACING THAT FAULT ON YOU. I'M JUST EXPLAINING TO YOU WHAT THE TESTIMONY IS SHOWING. MHM. SO THAT'S ALL I'M TELLING YOU. YOU KNOW IF YOU HAVE A QUESTION PLEASE ASK IT NOW. I CAN ASK NOW? YES. OR I CAN EXPLAIN SOMETHING? I DON'T KNOW IF YOU HAVE CHILDREN, BUT MINE'S VERY IRRESPONSIBLE. SHE DOES NOT JUMP WHEN YOU ASK HER TO. SHE PROBABLY TOLD ME A MONTH OR SO AFTER IT WAS POSTED IN THE YARD WHEN SHE FINALLY GOT IT AND SAW WHAT IT WAS. I DON'T KNOW EXACTLY WHAT CAUSED IT TO BE SUCH A DELAY. I'M SURE IT WASN'T FIVE MONTHS THAT I WAS NOTIFIED ABOUT IT. I'M JUST SAYING THAT'S WHAT YOU TESTIFIED THAT YOU PUT THE CAR IN THE GARAGE THERE ETC., SO I WOULD HAVE FOUND IT IN THE YARD MYSELF.

I'M HERE TO RECTIFY THE SITUATION AT A REASONABLE RATE. I'M JUST TRYING TO EXPLAIN TO YOU HOW THIS SYSTEM WORKS. WHETHER YOU LIKE IT OR NOT I'M JUST TRYING TO EXPLAIN IT TO YOU. OK. I'M NOT ARGUING THAT FACT.

THE OTHER ISSUE THAT YOU NEED TO UNDERSTAND IS IS THAT EVEN THOUGH YOUR DAUGHTER LIVES IN THE HOUSE AND EVEN IF SHE WAS A TENANT, JUST TO GIVE YOU ANOTHER EXAMPLE AS FAR AS LOCAL GOVERNMENTS ARE CONCERNED, I'M NOT TALKING ABOUT THE CITY OF PALM BAY PER SAY BUT ALL LOCAL GOVERNMENTS, THE OWNER OF THE PROPERTY IS THE ONE THAT'S ULTIMATELY RESPONSIBLE FOR THE CONDITION OF THE PROPERTY NOT THE PERSON THAT LIVES THERE.

I JUST WANNA LET YOU KNOW THAT. THAT'S WHY THEY ARE GOING AFTER YOU SO TO SPEAK IS BECAUSE YOU ARE LISTED AS THE OWNER OF THE PROPERTY. YUP.

[00:15:01]

DOES THE CITY HAVE ANY CHARGES OTHER THAN THE FINES THAT THEY'RE LOOKING TO RECOVER? NO.

MR. MORTON HAVE YOU EVER BEEN CITED FOR ANY OTHER CODE VIOLATIONS WITH THE CITY OF PALM BAY? OTHER THAN THE OTHER CASE THAT'S PENDING, NOT THAT I'M AWARE OF, NO [LAUGHTER].

OK. BASED UPON THE EVIDENCE PRESENTED AND THE CRITERIA THAT I'M TO CONSIDER UNDER THE CODE INCLUDING THE NATURE OF THE VIOLATION AND HOW LONG THE VIOLATIONS CONTINUED, AND I'M NOT SAYING THAT YOU'RE AT FAULT FOR HOW LONG IT TOOK YOU, BUT THE PROBLEM IS IS HOW LONG THE [INAUDIBLE] VIOLATION TOOK I'M GOING TO REDUCE THE FINES TO $1,000 FOR THIS CASE. OK.

AND NORMALLY THE WAY THAT THIS PROCESS WORKS IS THAT THE APPLICANT IS NORMALLY REQUIRED TO PAY THE REDUCED FINE WITHIN 30 DAYS, AND IF THEY DON'T PAY WITHIN THAT TIME PERIOD THAT THE ORIGINAL FINE IS REINSTATED. SO I'M ASKING YOU IS THAT GONNA BE A PROBLEM FOR YOU TO PAY THE $1,000 IN 30 DAYS? IS THERE ANY WAY YOU CAN REDUCE IT TO $500? NO. OKAY. I CAN PAY IT IN THE 30 DAYS IF YOU SHOW ME. I CAN GIVE YOU AN EXTRA 15 OR 30 IF YOU WANT. I'LL TAKE CARE OF IT AS SOON AS POSSIBLE. WELL, I'LL ENTER AN ORDER TO THAT EFFECT AND THE CITY WILL GIVE YOU A COPY OF THE ORDER. TODAY? I DON'T KNOW IF IT'LL BE TODAY, BUT WILL BE TODAY OR TOMORROW.

OK. AND WHEN I GIVE THE FINE, WHEN THE FINE'S PAID. HOW SOON AS THE LIEN RELEASED FROM MY NAME? I HAVE NO IDEA. YOU'LL HAVE TO ASK THE CITY STAFF. I DON'T HAVE ANY IDEA ABOUT HOW THEY HANDLE THAT. WHO WOULD THAT BE? BERNADETTE? DID YOU HEAR MY QUESTION? HOW LONG UNTIL AFTER MY FINE'S PAID IS IT RELEASED FROM LIEN? ONCE IT'S PAID WE BEGIN THE PROCESS TO RELEASE IT. HOW LONG IS THAT? IT GOES TO SIGNATURE, THEN IT GOES TO THE COUNTY, AND IT'S NORMALLY ABOUT THREE WEEKS. THREE WEEKS? THREE TO FOUR WEEKS.

BETWEEN WHEN WE DO IT AND THE COUNTY. LET ME ASK YOU A QUESTION ONLY BECAUSE I DO CLOSINGS ALSO. WHEN IS THE CLOSING SUPPOSED TO BE? 4TH OF MARCH. MY GUT IS IS THAT YOU CAN PROBABLY TALK TO THE TITLE AGENT TO HAVE THEM PAY FOR IT OUT OF CLOSING.

THE FINE? YES. I DON'T UNDERSTAND. [INAUDIBLE] THE ORDER SHOWING THE REDUCTION AND THEN I'LL PAY IT OUT CLOSING. SO IF I PAY YOU I'M SLOWING THINGS DOWN? MAYBE, I DON'T KNOW. ACCORDING TO WHAT THEY'RE SAYING IT'S GOING TO TAKE THREE WEEKS TO GET IT.

WHAT YOU MAY WANT TO DO IS TALK TO YOUR TITLE AGENT AND ASK THEM. THAT MAY BE A BETTER WAY FOR YOU TO DO IT BECAUSE THEY'RE SHOWING THIS AS A CLOUD ON TITLE, I'M ASSUMING. IN OTHER WORDS IT'LL SAY POC ON THE STATEMENT THAT IT'S PAID OUT OF CLOSING PRIOR TO THE CLOSING? NO NO NO, WHAT I'M SAYING IS THE TITLE COMPANY CAN PAY IT FROM CLOSING. IN OTHER WORDS LIKE YOU IF YOU HAVE A MORTGAGE ON THE PROPERTY YOU'RE PAYING ON YOUR MORTGAGE. UNDERSTOOD. BUT WHAT WOULD THEY BE PAYING THE $31,000 THAT'S ON THE BOOKS OR THE $1,000? THE ORDER WOULD HAVE BEEN ALREADY ENTERED. OK. SO THEY'LL HAVE THE COPY THE ORDER IS ALL I'M SAYING. OK. MY GUT IS YOU CAN GIVE THEM A COPY OF THE ORDER AND THAT'S WHAT THEY'LL NEED TO PAY. OK. OUT OF CLOSING.

THAT'S ALL. I'M JUST SAYING CONTACT THE TITLE COMPANY BECAUSE THAT WILL HELP EXPEDITE THE PROCESS IF THAT'S WHAT'S GOING ON. OK. JUST A SUGGESTION.

THAT'S FINE. I LIKE TO GREASE THE WHEELS. I WANT TO GET THIS TAKEN CARE OF. I UNDERSTAND. I'M NOT HERE TO FIGHT WITH YOU I JUST DON'T UNDERSTAND SOME OF THE PROCESSES AND YOU KNOW. WE'RE GOING TO DO THE NEXT CASE FOR MR. DON MORTON AS WELL SINCE HE'S ALREADY AT THE PODIUM. CEB 18955-18 1125 INDRIO LANE NE.

JOHN MAYBERRY, CODE OFFICER. MR. MORTON, YOU WANT TO PROVIDE THE INFORMATION FOR YOUR APPLICATION FOR THIS PROPERTY NOW? THE INDRIO PROPERTY? YOU WANT MY? [LAUGHTER].

[00:20:04]

I'M CONFUSED. DO I HAVE TO GIVE YOU MY NAME AND ADDRESS AGAIN OR? I DON'T KNOW WHAT YOU'RE ASKING ME TO DO. WELL YOU NEED TO PRESENT YOUR CASE IS WHAT I'M SAYING.

THE HOUSE IS IN FORECLOSURE. I WAS ABOUT TO LOSE IT. FINAL SALE DATE WAS DECEMBER 7TH I BELIEVE, FIRST WEEK OF DECEMBER. I WAS ABLE TO PAY IT, GET IT CAUGHT UP ON THE 4TH. AFTER THAT THE FENCE WAS PUT UP. IT'S KIND OF SILLY TO PUT A FENCE UP TO KEEP THE CITY HAPPY WHEN YOU'RE GONNA LOSE THE HOUSE. I KNOW THAT DOESN'T REALLY MAKE A BIG DIFFERENCE TO YOU GUYS, BUT IT'S SIMPLE ECONOMICS. I MEAN, IF I LOST THE HOUSE THE LIEN WOULD PROBABLY BE WASHED OUT ANYHOW BECAUSE YOU'D WANT SOMEBODY TO COME IN AND TAKE CARE OF THE PROPERTY. I TOLD THE PERSON WITH THE CODE THAT I WAS WORKING ON IT, AND THAT'S ALL I COULD DO AT THAT POINT. SO WHEN DID YOU PUT THE FENCE UP? IT WAS LIKE A WEEK AFTER THE HOUSE WAS TAKEN. IN MID-DECEMBER I BELIEVE. NOW, I DON'T KNOW FOR SURE. I'M BUSY. I'M HAVING TROUBLE WITH MEMORY THESE DAYS, SO THE SMALL STUFF I DON'T REMEMBER TOO WELL. WHAT'S THE CITY'S POSITION REGARDING THIS? YES SIR. MY NAME'S JOHN MAYBERRY, CODE COMPLIANCE OFFICER WITH CITY OF PALM BAY. THE PROPERTY'S BEEN INSPECTED AND THERE ARE CURRENTLY NO CODE VIOLATIONS, AND THE CITY IS SEEKING THE FINES THAT ARE ACCRUED. IS THAT STANDARD BOILERPLATE THAT YOU GUYS JUST ASK FOR THE FULL AMOUNT? I DON'T QUITE GET IT. [INAUDIBLE] ASK YOU THAT QUESTION.

IS THAT JUST A STANDARD POSITION OF THE CITY? THAT IS STANDARD. IT'S PER MANAGEMENT, YES. OKAY. WELL, AS SOON AS I WAS ABLE TO I COMPLIED WITH THE CODE. I'M NOT SITTING ON A MOUNTAIN OF CASH. MR. MAYBERRY I HAVE ONE DEFINITE QUESTION AND THEN ANOTHER ONE MAYBE. MR. MORTON TESTIFIED THAT HE PUT UP THE FENCE AT LEAST SOMETIME IN LATE DECEMBER, MID TO LATE DECEMBER AFTER THE FIRST OF THE YEAR. AND YOU'RE SEEKING VIOLATIONS THROUGH FEBRUARY 6TH. YOU HAVE ANY RECORD AS TO WHEN THE PERMIT FOR THE FENCE WAS PULLED? I'VE HAD A PERMIT FOR A YEAR ON THAT PARTICULAR PROPERTY. I REINSTATED THE PERMIT. IT'S BEEN ON RECORD FOR A YEAR. LET ME ASK A QUESTION A DIFFERENT WAY. WHEN WAS THE INSPECTION FOR THE FENCE OR THE COMPLETED FENCE DONE? YES SIR, I WENT OUT ON FEBRUARY 7TH AND INSPECTED THE INSPECTION AND FOUND IT TO BE IN COMPLIANCE. NOW LET ME ASK YOU A QUESTION. WHEN YOU SAY YOU DID THE INSPECTION DID YOU DO THE INSPECTION FOR THE FENCE PERMIT OR DID YOU DO THE INSPECTION FOR THIS CODE VIOLATION. FOR THE CODE VIOLATION. JUST TO CLARIFY THIS WAS A CASE THAT MS. CARTER WAS HAILING AND SHE'S OUT FOR HER SURGERY. AND SO I'M HAILING HER CASES FOR HER, AND THIS WAS ONE I WAS JUST SENT OUT TO MAKE SURE THAT EVERYTHING HAD BEEN COMPLIED WITH AS FAR AS THE CODE VIOLATIONS. DOES THE CITY DO A FINAL INSPECTION WHEN A FENCE IS PERMITTED? [INAUDIBLE]. YOU DON'T HAVE ANY INDEPENDENT KNOWLEDGE AS TO WHEN THAT WAS ACTUALLY DONE THEN. NO SIR, I DON'T? THANK YOU. LET'S I HAD A FENCE PUT IN. I DID NOT HAVE THE INSPECTION DONE RIGHT AWAY. I HAD TROUBLE FINDING THE PERMIT COPY [LAUGHTER] AND THEY ISSUED A NEW ONE BY EMAIL. UPON COMPLETION, THE DAY OF COMPLETION OR WHATEVER I DON'T BELIEVE I CALLED IT IN. I WAS NOT, I IF YOU NOTICE THE LAST CASE WAS IN THE BEGINNING OF FEBRUARY ALSO. THAT'S WHEN I BECAME AWARE OF ALL THIS. AND THAT'S WHEN I ACTED ON WHAT WAS GOING ON, SO USING THAT DATE TO FIGURE THE COMPLETION ISN'T REALLY REALISTIC BECAUSE IT WAS DONE PRIOR TO THAT. WHAT IS THE AMOUNT OF THE FINE ON THIS PROPERTY, OUT OF CURIOSITY? $13,425.46. I COULD BUY A HELLUVA NICE TRUCK WITH THAT. PARDON

[00:25:04]

ME SIR, I MISSPOKE. IT'S $22,358.01 THERE A SWIMMING POOL ON THIS PROPERTY? NOT THAT I KNOW OF SIR. I COULDN'T SEE IN THE BACKYARD. THE NEW FENCE IS UP. I CAN TESTIFY THERE IS NO SWIMMING POOL BACK THERE.

WAS THIS CALLED IN? I'M JUST CURIOUS. WAS THIS ONE CALLED IN BY A COMPLAINT OR WAS THIS A DRIVE BY? I DON'T KNOW ANYTHING ABOUT THESE CASES OTHER THAN WHAT I HEAR BY THE APPLICANT AND THE CITY, SO YOU NEED TO THE CITY THAT. UT WAS A CITIZEN COMPLAINT SIR. IT WAS? YES SIR. A CITIZENS COMPLAINT? YES SIR. THAT NEIGHBORHOOD IS FULL OF GLASS HOUSES. THAT'S WHAT KILLS ME. I DON'T THROW STONES BACK, BUT I JUST GET IRRITATED WHEN PEOPLE THROW STONES AT ME. BASED ON THE EVIDENCE PRESENTED THE NATURE OF THE VIOLATION WAS LINKED TO THE VIOLATION. THERE WAS A FENCE PUT UP THERE IT JUST WASN'T, THEY REFERRED TO IT AS CHICKEN WIRE. IT WAS MORE OF A CONSTRUCTION VINYL FENCE. BASED ON THE NATURE OF THE VIOLATION APPARENTLY THERE IS NO SAFETY ISSUE BECAUSE THERE'S NO POOL IN THE YARD. THE VALUE OF THE HOME BASED ON THE PROPERTY APPRAISER'S RECORDS AND THEIR ISSUES INVOLVING FINANCES I'M GOING TO REDUCE THE FINE TO $625. SAME THING, 30 DAYS. IS THAT AN ISSUE FOR YOU OR NOT? NO, IF IT CAN BE PAID OUT OF CLOSING. I JUST DON'T KNOW IF THE TITLE COMPANY IS GOING TO BE ON BOARD WITH THAT. THAT'S FINE. I'M JUST SAYING JUST TALK TO THEM ABOUT IT. THAT'S ALL I'M SAYING. [LAUGHTER]. SINCE I HAVE YOUR EAR.

OR YOU CAN PROVIDE PROOF OF PAYMENT. I'M JUST SAYING YOU SHOULD PROBABLY TALK TO THEM ABOUT HOW THEY WANT IT HANDLED. OK.

SINCE SINCE I HAVE YOUR EAR SHOULD THEY NOT ACCEPT THAT AND SAY THEY DON'T WANT TO TOUCH IT THEN WHERE AM I AT? I CAN'T GIVE YOU LEGAL ADVICE. [LAUGHTER]. YOU CAN'T TELL ME WHAT THE CITY CAN DO? YOU'RE REPRESENTING THE CITY AS A MAGISTRATE. YOU SHOULD BE ABLE TO ANSWER THAT QUESTION. I DON'T REPRESENT THE CITY. I'M AN IMPARTIAL PERSON THE CITY'S APPOINTED TO HEAR REQUESTS [INAUDIBLE]. TO BE THE MAGISTRATE FOR THE HEARING.

I'M NOT FOR THE CITY. I DON'T REPRESENT THE CITY. I DON'T HAVE ANYTHING TO DO WITH THE CITY OTHER THAN SITTING UP HERE TO HERE. ALL RIGHT. IS THERE ANYONE IN THIS ROOM THAT CAN ANSWER THAT QUESTION? I HAVE NO IDEA. SHOULD THEY NOT COOPERATE THEN WHAT DO I DO? I HAVE NO IDEA. THAT'S WHAT I'M SAYING, BUT THIS IS NOT THE FORUM. IF YOU WANT TO ASK THEM AFTER THE MEETING'S OVER I'M SURE THEY CAN TALK TO YOU ABOUT IT. I GUESS YOU CAN UNDERSTAND MY FRUSTRATION LEVEL. I TOTALLY UNDERSTAND IT, BUT AGAIN I CAN'T GIVE YOU LEGAL ADVICE. I'M NOT ASKING FOR LEGAL ADVICE I'M ASKING ABOUT WHAT THE PROCEDURE IS. THAT'S NOT [INAUDIBLE]. YOU JUST NEED TO TALK TO THEM AFTER THE MEETING. ALL RIGHT GOOD ENOUGH. YOU'RE WORKING WITH ME. LIKE I SAID I'M NOT HERE TO MAKE TROUBLE. SO 30 DAYS IS FINE ON THIS ONE AS WELL? YES SIR. OK.

THAT WILL BE IN THE ORDER AS WELL. OKAY, WHEN WILL I HAVE A COPY OF THE ORDERS? AS I'VE INDICATED, TO BE THE LATER TODAY OR TOMORROW. OK. ALL RIGHT. THAT IT? YES SIR, THANK YOU VERY MUCH. THANK YOU [LAUGHTER]. NEXT CASE, CEB 18470-17 319 TRIANA AVENUE SW. DO YOU DIEFORT EMILE – PETITIONER. YOU HAVE TO BE SWORN IN MR. EMILE.

[00:30:20]

COULD YOU RAISE YOUR RIGHT HANDS? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH SO HELP YOU GOD? INTO THE MICROPHONE AND IDENTIFY YOURSELF AND YOUR ADDRESS PLEASE. OKAY. MY NAME DIEFORT EMILE [INAUDIBLE] AVENUE, SOUTHWEST PALM BAY. I LIVE IN PALM BAY 2003. [INAUDIBLE] PALM BAY [INAUDIBLE].

[INAUDIBLE]. I UNDERSTAND MY SITUATION WASN'T GOOD BECAUSE MY WIFE DIED AND I MAKE THIS WORK. I DIDN'T HAVE THE BUDGET TO PAY FOR THE [INAUDIBLE] CITY OF PALM BAY PUT [INAUDIBLE] ON THE LOT. I MIGHT NEED TO PAY, BUT MY SITUATION NOT GOOD. I CAME TO SEE IF THE CITY CAN DO SOMETHING FOR ME, PUT THE MONEY LOW FOR ME AND I PAY THE REST, PLEASE. THE PRICE IS $895.29.

OKAY. DO YOU HAVE ANYTHING ELSE, SIR? THAT'S IT. [INAUDIBLE]. WHAT'S THE CITY'S POSITION REGARDING THIS? THE PROPERTY HAS BEEN INSPECTED. THERE IS NO VIOLATIONS THERE. THE CITY IS SEEKING THE FINES ACCRUED. SO [INAUDIBLE] I CAN PAY ANY MONEY YOU ASK ME TO PAY. I CAME ONLY TO SEE IF YOU CAN DO SOMETHING FOR ME TO LOAN THE MONEY FOR ME PLEASE. AND THE CITY INCURRED COST OF $288.49 FOR WHAT? UM THAT'S FOR THE LOT CUTTING. WAS THAT TO CLEAR THE WHOLE LOT OR JUST A PORTION OF THE LOT? THAT IS FOR A PORTION OF THE LOT. I HAVE THE [INAUDIBLE] ME, MY WIFE PASSED AWAY. WHEN DID SHE PASS. JULY 2016. BASED UPON THE EVIDENCE PRESENTED, THIS BEING A VACANT LOT,  THE HARD COSTS INCURRED BY THE CITY IN THE AMOUNT OF $285.75, THE PROPERTY BEING IN VIOLATION AT THIS TIME I'M GOING TO REDUCE THE FINE TO $450 TO BE PAYABLE WITHIN 30 DAYS.

IS THAT AN ISSUE FOR YOU TO PAY WITHIN 30 DAYS? THANK YOU VERY MUCH. GOD BLESS YOU FOR THAT.

YOU PAY IT IN 30 DAYS? YEAH, THE END OF THE MONTH. OK. THERE'LL BE AN ORDER ENTERED TO

[00:35:07]

THAT EFFECT AND THE CITY WILL PROVIDE YOU WITH A COPY OF IT. COULD YOU SAY THAT AGAIN PLEASE? THE CITY WILL BE PROVIDED WITH AN ORDER HAVING THIS INFORMATION IN IT AND THEY WILL PROVIDE A COPY OF IT TO YOU. OKAY. THANK YOU. YES SIR.

OKAY. THAT'S IT. OKAY. SO I WILL HAVE THE [INAUDIBLE] TO PAY HOW MUCH I CAN GIVE THE BALANCE I CAN PAY? I'M SORRY? SO I WILL PAY IT IN FULL.

CAN I HAVE A PAPER TO KNOW HOW MUCH [INAUDIBLE]? THAT'S WHAT I'M SAYING. THE ORDER WILL SAY THAT AND YOU DEAL WITH THAT THROUGH THE CITY STAFF. THANK YOU. YES SIR. THANK YOU VERY MUCH. GOD BLESS YOU. YOU FINISHED WITH ME? YES SIR. OKAY, THANK YOU.

ON THE AGENDA IS A TELEPHONE CONFERENCE. SEVERAL CASES, CEB 17303-1 5, CEB 17687-16, CEB 18082-17, CEB 18083-17, CEB 18272-17, AND CEB 19123-18 FOR PROPERTY AT 414 SAN FILIPPO DRIVE, LEE HEATH –PETITIONER.

OKAY, WE'RE GONNA GO TO CASE ANOTHER PHONE CONFERENCE, CEB 19027-18 791 BECKER AVENUE NE, MARIA ARAQUE – PETITIONER. MAYBERRY, CODE OFFICER.

[00:40:25]

CAN YOU STILL HEAR US, MARIA? MHM. CAN YOU HEAR US? YEAH, I CAN HEAR YOU, YES. CAN YOU HEAR ME TO? YEAH, WE CAN HEAR YOU. HOLD ON FOR MS. JOSEPH. ALL RIGHT? OKAY. THANK YOU. MARIA DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH SO HELP YOU GOD? YES, I DO. THANK YOU. MS. ARAQUE IS THAT HOW YOU PRONOUNCE YOUR NAME? [INAUDIBLE]. OKAY. MS. ARAQUE MY NAME IS JAMES BEADLE. I'M THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY AS A SPECIAL MAGISTRATE TO CONSIDER FINE REDUCTION HEARINGS. AND THE WAY THE PROCESS WORKS IS THAT YOU PRESENT YOUR CASE THEN THE CITY PUTS ON THEIR PRESENTATION AND THEN YOU HAVE THE ABILITY TO RESPOND TO THEM. DO YOU UNDERSTAND? YES I DO. OK. SO YOU CAN PROCEED NOW WITH YOUR WITH YOUR PRESENTATION. [INAUDIBLE]. YOU CAN PROCEED WITH YOUR PRESENTATION OF WHY YOU WANT YOUR FINE REDUCED. [INAUDIBLE] BECAUSE I'M TRYING [INAUDIBLE]. I SENT SOMEBODY TO DO THE JOB AND ALSO I'M A RETIRED PERSON [INAUDIBLE]. I DON'T THINK SO. YOU KNOW I WAS ABLE TO GO WITH THEM AND CHECK, BUT THEY [INAUDIBLE] WHATEVER AND THEY SENT ME THE PICTURES [INAUDIBLE] BECAUSE I TRIED TO DO. THIS IS THE FIRST TIME [INAUDIBLE] TRYING TO COMPLY WITH EVERYTHING.

I'M JUST ASKING TO HAVE A RECONSIDERATION THAT [INAUDIBLE].

YOU CAN SEE I'M [INAUDIBLE] AND I HAVE A CONDITION TO PAY [INAUDIBLE].

HELLO? YES, MA'AM. YES. DID YOU UNDERSTAND.  YES. HELLO? YES, I UNDERSTOOD. DO YOU RECALL RECEIVING THE NOTICE FROM THE CITY REGARDING THIS ISSUE? SAY THAT AGAIN. I'M SORRY, CAN YOU REPEAT THAT? DO YOU RECALL RECIEVING THE NOTICE OF THE VIOLATION FROM THE CITY? [INAUDIBLE] SOMETHING THAT YOU HAVE TO SIGN [INAUDIBLE]. UNTIL I CAME BACK I SAID THEN THAT'S WHAT IT TOOK TO DO [INAUDIBLE] STUFF LIKE THAT. [INAUDIBLE] TO SELL IT BECAUSE I CANNOT AFFORD TO HAVE [INAUDIBLE] TO PAY [INAUDIBLE] EXPENSIVE, AND I'M NOT IN THE POSITION TO KEEP UP WITH THE EXPENSES. DO YOU HAVE ANYTHING FURTHER MA'AM? I'M SORRY? DO YOU HAVE ANYTHING ELSE YOU WOULD LIKE TO SAY AT THIS POINT? [INAUDIBLE] PLEASE HAVE

[00:45:06]

CONSIDERATION [INAUDIBLE]. THIS IS MY FIRST TIME.

[INAUDIBLE] LIKE I EXPLAIN [INAUDIBLE]. PLEASE.

[INAUDIBLE] YOU TO TAKE CONSIDERATION [INAUDIBLE] PLEASE. OK. THANK YOU. AND WHAT'S THE CITY'S POSITION REGARDING THIS? [INAUDIBLE]. WHAT'S THE CITY'S POSITION REGARDING THIS? JOHN MAYBERRY, CODE COMPLIANCE OFFICER, CITY OF PALM BAY. THE PROPERTY'S. YOU NEED TO SPEAK UP SO THEY CAN HEAR YOU ON THE PHONE. PROPERTY HAS BEEN INSPECTED. THERE ARE CURRENTLY NO CODE VIOLATIONS. I DID THE REINSPECTION ON FEBRUARY 1ST, AND THE CITY IS SEEKING TO FINES ACCRUED. [INAUDIBLE].

IN LOOKING AT THE INFORMATION PROVIDED THE CITY'S HAD A HARD COST OF $319.58 IS THAT CORRECT? YES SIR THAT'S CORRECT. WHAT WAS THAT FOR? THE MOWING OF THE LOT. THAT'S FOR THE ENTIRE LOT? BOTH SIDES, JUST BOTH SIDES, SIR. [INAUDIBLE] QUESTIONS [INAUDIBLE]. NO, MA'AM I WAS ASKING THE CITY. BASICALLY THE CITY'S POSITION IS IS THAT THE PROPERTY IS IN COMPLIANCE AND THERE ARE NO CURRENT VIOLATIONS. THEY ARE SEEKING THE FULL AMOUNT OF THE FINES WHICH RIGHT NOW ARE $1,458.59, OR ACTUALLY $1,465.39, AND THAT INCLUDES A COST THAT WAS ACTUALLY INCURRED BY THE CITY OF $325.86 TO MOW THE YARD OR THE LOT. DID YOU WISH TO ADD ANYTHING ELSE TO YOUR PRIOR TESTIMONY MA'AM? [INAUDIBLE] PAY SOMEBODY ELSE TO MOW [INAUDIBLE]. AND I SENT THE PICTURES [INAUDIBLE], SO I DON'T UNDERSTAND WHY I HAVE TO PAY [INAUDIBLE]. TO PAY ALL OF THIS MONEY.

UNFORTUNATELY, [INAUDIBLE]. THAT'S WHY [INAUDIBLE].

THIS GUY THAT I TRY [INAUDIBLE] I DON'T KNOW. TO DO MOW THE LAWN, SO I DON'T UNDERSTAND WHAT THEY DID.

SO WHY I HAVE TO PAY TWICE FOR THE SAME THING THAT WAS DONE? SO I'M JUST ASKING YOU TO PLEASE TO RECONSIDER CHANGES TO THE [INAUDIBLE]. IT'S THE FIRST TIME AND I [INAUDIBLE] WHEN I GOT THE MAILER.

BY THE WAY I CALL AND I TAKE [INAUDIBLE].

OKAY. [INAUDIBLE]. MS. ARAQUE WHAT I'M GOING TO DO IS I'M GONNA REDUCE THE FINE, BUT I'M GOING TO REDUCE IT TO... I'M GOING TO REDUCE IT TO $650. THAT

[00:50:14]

INCLUDES BASICALLY REIMBURSING THE CITY FOR THE COST THEY INCURRED FOR TAKING CARE OF IT. I'M TAKING INTO ACCOUNT THE FACT THAT THE VIOLATION DID NOT LAST LONG. SO I'M JUST GOING TO REDUCE IT TO $650. NORMALLY, THAT THE FINE HAS TO BE PAID WITHIN 30 DAYS OR THE ORIGINAL FINE IS REINSTATED.

CAN YOU PAY THE FINE WITHIN 30 DAYS, THE REDUCED FINE AND 30 DAYS? YEAH, [INAUDIBLE] BECAUSE I CAN'T PAY THE WHOLE THING IN ONE. WHAT I CAN DO AS I CAN GIVE 60 DAYS TO PAY IT. IS THAT GOING TO GIVE YOU ENOUGH TIME? YES. 60 DAYS, OKAY. 60 DAYS, TWO MONTHS, IS THAT GOING TO GIVE YOU ENOUGH TIME? YEAH I THINK SO BECAUSE I DO NOT THINK IF YOU [INAUDIBLE] PAY.

OKAY. WELL I'LL PUT THAT IN THE ORDER AND THE CITY WILL PROVIDE YOU WITH AN ORDER TO THAT EFFECT. OKAY? OKAY. THANK YOU SO MUCH. YES MA'AM. HAVE A GOOD DAY. YES, THANK YOU. THANK YOU SO MUCH. NEXT CASE ON THE AGENDA IS. [INAUDIBLE]. YOU CAN HANG UP NOW. OH, OKAY. THANK YOU SO MUCH. YOU'RE WELCOME. I HOPE YOU FEEL BETTER.YES, THANK YOU. BYE. CEB 19136-18, JOSHUA BLANCHARD / ATTORNEY RICHARD CAREY – PETITIONER, 962 BIANCA DR. NE, AND THIS IS ALSO A CONFERENCE CALL.

JOHN MAYBERRY, CODE OFFICER. SIR, CAN YOU HEAR US? YES, I CAN HEAR YOU. ALL RIGHT. MAY I BEGIN? CAREY MY NAME IS JAMES BEADLE. I'M THE PERSON APPOINTED BY THE CITY OF PALM BAY TO ACT AS SPECIAL MAGISTRATE FOR CODE REDUCTION HEARINGS. CAN YOU HEAR ME? MR. CAREY. YES. CAN YOU HEAR ME? YES I CAN BARELY HEAR. YOU'RE A LITTLE MUFFLED. OK. CAN YOU HEAR ME NOW? I CAN HEAR YOU BETTER NOW, YES. OK. MY NAME IS JAMES BEADLE, AND I AM THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY TO ACT AS SPECIAL MAGISTRATE FOR CODE ENFORCEMENT REDUCTION HEARINGS. CAN YOU HEAR ME NOW? YES, I CAN HEAR YOU. OK. THE GENERAL PROCEDURE IS IS THAT THIS IS A QUASI-JUDICIAL HEARING AND THE APPLICANT PRESENT HIS CASE OR HER CASE OR ITS CASE FOR THE REDUCTION IN THE FINES. THE CITY OF PALM BAY WILL THEN PRESENT THEIR SIDE OF THE CASE AND THEN YOU WILL BE ALLOWED A REBUTTAL. BASED UPON WHATEVER EVIDENCE IS PRESENTED AND THE CRITERION THAT'S IN THE CITY CODE FOR ME TO CONSIDER A DECISION WAS MADE ABOUT IF AND WHAT THE REDUCTION WILL BE. SO YOU UNDERSTAND? YES I DO. OK. YOU CAN PROCEED. OK. I AM [INAUDIBLE] ATTORNEY RICHARD CAREY. I REPRESENT THE [INAUDIBLE]. THIS IS PROPERTY [INAUDIBLE]. AND THERE'S ACTUALLY TWO PROPERTIES THAT ARE EMPLOYED BY THE ESTATE. THIS PROPERTY HAS FALLEN [INAUDIBLE] ATTORNEY. THERE WAS A TITLE ISSUE WHICH IS WHY HE COULD NOT DO ANYTHING TO VACATE THE PROPERTY BECAUSE THE TITLE WAS ISSUE WAS NOT CLEARED UP. ONCE THEY CONTACTED ME WE WERE ABLE TO RESOLVE THE TITLE ISSUE. AND THEN AT THAT TIME THEY WERE ABLE TO EXTEND THE MONEY TO PUT THE PROPERTY INTO COMPLIANCE. THIS PROPERTY WAS PROBATED AS IT WAS AT THE ORIGINAL

[00:55:07]

OWNERS, AND WAS PROBATED TO THE FOUR HEIRS. THAT IS THE REASON WHY THERE WAS A TIME [INAUDIBLE] LAPSE IN THE COMPLIANCE. THE REASON WHY THE PROPERTY WAS IN COMPLIANCE. ONLY ONE OF THE HEIRS ACTUALLY LIVES IN MELBOURNE, AND IT'S MAKING IT A LITTLE MORE DIFFICULT TO COORDINATE. SO BASED ON THOSE CIRCUMSTANCES WE'RE SIMPLY ASKING FOR A LIEN REDUCTION TO [INAUDIBLE], WHICH I BELIEVE WOULD BE FAIR, WHICH WOULD BE PAYABLE WITHIN WHATEVER TIME FRAME THAT YOU'D BE ABLE TO GET US. WHEN DID YOU BECOME AWARE OF THE CITY'S LIEN? [INAUDIBLE]. SO THEY BECAME AWARE OF THE CITY'S LIEN ONCE THEY WERE GOING TO THROUGH THE PROBATE PROCESS, WHICH WAS ABOUT TWO YEARS AGO. AND WE REMEMBER GOING INTO THE PROBATE PROCESS. THE ATTORNEY I GUESS DID A TITLE SEARCH AND THERE WAS A BREAK IN THE CHAIN OF TITLE. SHE AT THE TIME DIDN'T KNOW HOW TO CORRECT IT.

I WAS CONTACTED EARLIER THIS YEAR, ABOUT FOUR MONTHS AGO, AND IT TOOK ME A LITTLE BIT, WE WERE ABLE TO [INAUDIBLE] THE ISSUE WITH THE CHAIN OF TITLE WHICH WOULD NOW ALLOW THEM TO ACTUALLY PUT THE PROPERTY INTO COMPLIANCE, BUT THAT WERE THE REASON.

THEY DIDN'T THINK THEY WOULD BE ABLE TO ACTUALLY TRANSFER THE PROPERTY, SO THEY WERE PREVIOUSLY ADVISED TO ACTUALLY LET THE PROPERTY GO, WHICH CAUSED TO ENTER INTO THIS STATE. IS THERE ANYTHING FURTHER? EXCUSE ME, I DIDN'T HEAR THAT. IS THERE ANYTHING FURTHER YOU WISH TO PUT ON AT THIS POINT? NO, THAT IS THE FACTS AND THE REQUEST. OK. AND THE CITY'S POSITION? YOU NEED TO SPEAK IN AND MAKE SURE HE CAN HEAR YOU. YES SIR. CAN YOU HEAR ME? CAN YOU HEAR ME PLAINLY ENOUGH SIR? MR. CAREY THE CITY IS SPEAKING. CAN YOU HEAR HIM? YES, I CAN HEAR HIM. OKAY. THANK YOU. RIGHT. MY NAME IS JOHN MAYBERRY, CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY. THIS PROPERTY HAS BEEN INSPECTED.

THERE ARE CURRENTLY NO CODE VIOLATIONS. THE CITY IS SEEKING THE FINES ACCRUED.

MR. MAYBERRY THE INFORMATION PROVIDED INDICATES THAT THERE IS A MOWING COST OF $75. EXCUSE ME, $97. THAT IS CORRECT. OK. THAT WAS FOR THE FULL PROPERTY? CORRECT. MR. CAREY DO YOU HAVE ANYTHING YOU'D LIKE TO ADD. IF YOU DIDN'T HEAR, THE CITY IS SEEKING THE FULL AMOUNT OF THEIR FINES. [INAUDIBLE] DEFINITELY [INAUDIBLE] THAT I CAN ADD. I UNDERSTAND THE [INAUDIBLE] WEREN'T THE CAUSE OF THE ISSUE. THIS WAS A PROPERTY THAT HAD THE [INAUDIBLE] IN THE PASSED AWAY, AND THEREFORE THE REASON WHY THE PROPERTY FELL OUT OF COMPLIANCE. [INAUDIBLE] THE TITLE ISSUE COULD BE CLEARED AND THEY COULD ACTUALLY DO SOMETHING WITH THE PROPERTY THEY TOOK THE AFFIRMATIVE STEPS TO CORRECT THE MEASURE.

OK. BASED ON THE EVIDENCE PRESENTED I'M GOING TO REDUCE THE FINE BASED UPON THE VALUE OF THE PROPERTY. ALTHOUGH, PROBABLY SOME ACTION SHOULD HAVE BEEN TAKEN TO PRESERVE THE PROPERTY ON SOME LEVEL WITH THE ESTATE. I'M PROBABLY GONNA HAVE A HIGHER AMOUNT OF THE FINE, BUT ONCE THE TITLE ISSUE IS RESOLVED IT APPEARS THAT ACTION WAS TAKEN TO REMEDY THE PROBLEM. THE NATURE OF VIOLATION BEING GRASS I'M GOING TO REDUCE THE FINE TO $1,000. MR. CAREY NORMALLY THE ORDER PROVIDES A PAYMENT IS TO BE MADE WITHIN 30 DAYS. IS THAT AN ISSUE? MR.

[01:00:02]

CAREY. [INAUDIBLE]. HELLO? YES. I DIDN'T HEAR THE TOTAL AMOUNT THAT NEEDED TO BE PAID WITHIN. IT'S A THOUSAND DOLLARS AND NORMALLY THE ORDER PROVIDES FOR PAYMENT WITHIN 30 DAYS. IS THAT TIME FRAME A PROBLEM FOR YOU/YOUR CLIENT? OK. THANK YOU. YOU DIDN'T ANSWER MY QUESTION. MY QUESTION IS IS 30 DAYS A SUFFICIENT TIME TO PAY THE $1,000. YES IT IS. 30 DAYS IS SUFFICIENT TIME. OK. THE REASON I'M ASKING IS BECAUSE IF IT'S NOT PAID WITHIN 30 DAYS THE CURRENT FINE IS REINSTATED. YES, I COMPLETELY UNDERSTAND. WE WILL MAKE SURE THAT PAYMENT IS PAID WITHIN 30 DAYS. OK.

THANK YOU SIR.

I APPRECIATE IT. YOU'RE WELCOME, BYE BYE. HAVE A WONDERFUL DAY. YOU TOO.

NE. ANGELICA MARTINEZ, CODE OFFICER. THERE'S SIX CASES ON THAT PROPERTY.

WE'RE DOING THIS AS AN ACCOMMODATION FOR THEM, NOT FOR US TO HANG AROUND ALL DAY FOR HIM.

JUST [INAUDIBLE] UNTIL THEY [INAUDIBLE] [LAUGHTER].

LET ME KNOW THAT THEY WANT TO CONTINUE I'M NOT GOING TO PUT IT ON THE AGENDA.

YEAH, AND THEY HAVE TO LET ME KNOW.

AS THERE'S NO FURTHER BUSINESS EXCEPT I WILL NOTE THAT I SIGNED THE MINUTES FROM THE LAST MEETING.



* This transcript was compiled from uncorrected Closed Captioning.