[00:00:03]
CALL TO ORDER THE SPECIAL MAGISTRATE MEETING OF JULY 20TH OR EXCUSE ME, JULY 19TH, 2023.
[CALL TO ORDER]
IT'S 1:03 P.M..I'M GOING TO START THE MEETING NOW.
YES, SIR. YES, I'VE BEEN HERE.
OKAY. THE FIRST CASE TO BE HEARD IS CEB 1853017 AND CEB 1962119
[PETITION FOR RELIEF]
AT 1386 WIGMORE STREET SOUTHEAST.SO COULD YOU PLEASE STATE YOUR NAME? YES. MY NAME IS PEDRO ACOSTA.
MR. ACOSTA, MY NAME IS JAMES BEADLE.
AND THE GENERAL PROCEDURE IS, IS THAT YOU, AS THE APPLICANT, PRESENT YOUR CASE TO BACK UP WHAT YOUR REQUEST IS IN YOUR APPLICATION FOR REDUCTION. THEN THE CITY WILL PUT ON ITS CASE AND THEN YOU'LL HAVE A CHANCE TO RESPOND TO THE CITY'S CASE.
DO YOU UNDERSTAND THAT? YES. YES, SIR.
OKAY, THEN YOU CAN PROCEED WITH YOUR REQUEST FOR A REDUCTION.
UH, WELL, FIRST OF ALL, THANK YOU FOR.
FOR FOR ALLOWING ME TO EXPOSE OUR CASE.
UH, WE ARE CANADIAN CITIZENS THAT NOW ARE PRETTY MUCH IN THE 60S.
AND AT THE TIME WE PURCHASED THIS LAND, IT ACTUALLY, WE THOUGHT IT COULD BE FOR INVESTMENT, BUT THE SITUATION TURNED OUT TO BE THE OPPOSITE.
20 YEARS LATER, WE ARE NOW SELLING THE LAND FOR LESS THAN 50%, MORE THAN 50% OF THE ORIGINAL PRICE.
SO WE NEED TO SELL THE LAND AND GET THE MOST OUT OF WHATEVER IS LEFT.
SO WHEN BY THE TIME WE WE WE BEEN HONORABLE PEOPLE WHO HAVE PAID ALL OUR DEBTS THAT WE KNOW OF, IT TOOK US BY SURPRISE IS THE FACT THAT THESE LIENS WERE WERE PENDING IN ACTUALLY THEY CAME OUT BECAUSE WE WERE WE WERE SELLING. SO AND THEN THE SITUATION TOOK US BY SURPRISE.
SO, UH, WE'VE BEEN PAYING ON TIME, EVERYTHING.
SO FOR, FOR THE FOR THIS PARTICULAR CASE.
MR. MAGISTRATE, UH, WE BEG FOR YOUR APPEAL, FOR YOUR COMPASSION, AND ACTUALLY, IN TRYING TO EXONERATE US FROM BELIZE FOR HUMANITARIAN REASONS, PRETTY MUCH THAT'S.
AND WE ARE ACTUALLY COUNTING ON YOUR COMPASSION.
WE HAVE, UH, I HAVE A HEART CONDITION RIGHT NOW THAT I NEED TO PAY MEDICAL BILLS.
SO, SO THAT'S PRETTY MUCH OUR CASE.
AND, UH, I HOPE THAT YOU CONSIDER OUR CASE.
THANK YOU. FOR ACOSTA IS YOUR ADDRESS.
P.O. BOX 15 004 CALGARY, ALBERTA.
NO, SIR, I DON'T RECALL HAVING THAT.
WELL, THAT'S THE ADDRESS THAT'S PROVIDED ON THE PROPERTY APPRAISER'S WEB PAGE.
AND AND AS FAR AS GETTING NOTICES ARE CONCERNED, THAT'S ALL THAT THE LOCAL GOVERNMENTS HERE, WHETHER IT'S THE CITY OF PALM BAY OR ANY OTHER LOCAL GOVERNMENT HAS TO RELY ON, IS THE INFORMATION THAT'S PROVIDED ON THE PROPERTY APPRAISER'S PAGE OR THE TAX COLLECTOR'S PAGE.
SO IN THAT'S AN OBLIGATION OF A PROPERTY OWNER TO MAKE SURE THAT A CURRENT ADDRESS IS PROVIDED.
UH, DID YOU RECEIVE ANY OF THE NOTICES OF THE CODE VIOLATIONS?
[00:05:02]
NO, NO, SIR. NO.NO. IN FACT, I'VE BEEN PAYING ALL THROUGH THE WEBSITE EVERY YEAR, AND I THINK OUR ADDRESS.
MY ADDRESS IS ALWAYS BEEN THE ONE IN CANADA.
CURRENTLY, I'M 135 ASPEN HEIGHTS.
BUT BEFORE I USED TO BE IN WAS IN.
IT WAS CLOSE BY 162 SAINT MAURICE TERRACE.
WELL, ALL I CAN TELL YOU IS, IS THE ADDRESS THAT THE PROPERTY APPRAISER HAS IS THAT P.O.
BOX 15004 IN CALGARY, ALBERTA.
SO I'M JUST TELLING YOU THAT THAT'S THE PLACE THAT THE CITY'S OBLIGATED TO SEND THE NOTICES TO.
UM. SO DO YOU HAVE ANYTHING FURTHER, SIR, AT THIS TIME? UH, NO. JUST.
JUST TO BEG FOR YOUR COMPASSION, SIR.
THAT'S ALL. WHAT'S THE CITY'S POSITION REGARDING THIS? ON CASE 1853017.
WE'RE ASKING FOR THE $750 ADMINISTRATIVE FEES, THE MOWING, ACTUAL MOWING COST OF $285.75.
THE FLAT FEE OF $200 AND 15% OF THE COST $3,282.43.
BE $492 FOR A TOTAL OF $1,728 ON THAT CASE.
THE CITY IS ASKING FOR $750 ADMINISTRATIVE FEE TO 8575.
MOWING COST $200 FLAT FEE AND A 15% OF THE ORIGINAL $4,372.91 FOR A TOTAL OF $1,891.75.
ALSO, DID YOU HEAR WHAT THE CITY'S POSITION WAS? YES. I DIDN'T TAKE NOTE OF THE NUMBERS, BUT YES, I HEARD WHAT WAS SAID.
OKAY. THE CITY'S REQUEST IS, IS THAT THEY GET LET ME JUST GO BACK ONE STEP.
THE CITY GENERALLY HAS APPROXIMATELY $750 IN ADMINISTRATIVE COSTS FOR EVERY CASE THAT THEY TAKE IN FRONT OF THE CODE ENFORCEMENT BOARD OR CODE ENFORCEMENT SPECIAL MAGISTRATE.
SO GENERALLY SPEAKING, I ALWAYS ALLOW THAT FOR EACH CASE.
AND IN BOTH OF THOSE CASES, IT WAS $285.75.
SO THAT'S $1,035.75 IN EACH CASE.
THEN THEY'RE ALSO ASKING FOR $200 AND 15% OF EACH OF THE LEAN AMOUNTS.
UM. SO DO YOU HAVE ANY RESPONSE TO THE CITY'S POSITION? WELL, I MEAN, I WAS KIND OF LOOKING FOR A NEXT GENERATION, BUT SO THAT'S.
WELL, I CAN TELL YOU RIGHT NOW, I.
UNLESS THERE'S EXTREMELY SPECIAL CIRCUMSTANCES IN THE CITY.
ALLOW THE $750 FOR EACH CASE FOR ADMINISTRATIVE COSTS.
NOT ALWAYS, BUT ALMOST ALWAYS.
I JUST WANT TO LET YOU KNOW THAT.
OKAY. WELL, I, I WILL TAKE ANY THE POSITION THAT YOU DEEM APPROPRIATE TO THE BEST OF BOTH BOTH SIDES OF THE OF THE SITUATION.
I MEAN, I'VE BEEN WE'RE HONORABLE PEOPLE.
WE WILL PAY WHAT WE NEED TO PAY.
YOU JUST NEED A LITTLE BIT OF A COMPASSION ON THAT, THAT'S ALL.
I HAVE A HEART CONDITION AND I NEED TO PAY FOR SOME MEDICINES.
THAT'S THE REASON I'M SELLING URGENTLY.
[00:10:16]
OKAY. UNDER THE CIRCUMSTANCES OF THIS CASE, IT'S A VACANT LOT.AND WHAT THE VIOLATION IS, I'M GOING TO GRANT THE CITY.
I'M GOING TO REDUCE THE LEAN, BUT GRANT THE CITY THE REIMBURSEMENT OF ITS HARD COSTS OF TWO 8575 IN EACH OF THE TWO CASES, $750 ADMINISTRATIVE COSTS IN EACH OF THE TWO CASES.
GRANTHAM, 5%, 5% OF THE LEAN AMOUNTS IN EACH OF THE TWO CASES.
I DON'T HAVE TO FIGURE OUT WHAT THAT AMOUNT, SIR, IS, BUT I'LL ENTER AN ORDER TO THAT EFFECT.
HAS TO BE OR THE REDUCED LEAN AMOUNT HAS TO BE PAID WITHIN 30 DAYS.
IS THAT GOING TO BE A PROBLEM FOR YOU TO DO THAT? AND. NO, NO, SIR, I WE WILL WE WILL DO THAT WITHIN THAT TIME FRAME.
ALL RIGHT. ALL RIGHT, YOUR HONOR.
OUR NEXT CASE TO BE HEARD IS CB2 056520 AT 411 EL DORADO AVENUE SOUTHEAST.
HELLO. HEY. PLEASE STATE YOUR NAME FOR THE RECORD.
DID YOU IDENTIFY WHAT YOUR RELATIONSHIP IS TO THE PETITIONER OR THE LISTING AGENTS FOR FREDDIE MAC ON THE PROPERTY AT 411 EL DORADO? AND. OKAY.
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? YES. THANK YOU. HERE'S WHAT I SAID ABOUT HOW THE PROCESS WORKS.
YEAH, KIND OF. I MEAN, BASICALLY, YOU'RE YOU'RE REQUESTING RELIEF, SO YOU NEED TO PRESENT YOUR CASE.
WELL, THE CITY PRESENTS THEIRS, AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND, RIGHT? I BELIEVE THE PROPERTY WAS FORECLOSED ON LAST YEAR.
CASH FOR KEYS PROPERTY WAS VACATED AT THE END OF SEPTEMBER, LEFT IN A VERY BAD STATE OF MOLD.
AND BASICALLY MOST THINGS NOT WORKING.
I MEAN, IT WAS BASICALLY FOUND TO NOT BE LIVABLE.
SO FREDDIE MAC HAD THE HOME RAZED THIS PAST SPRING AND NOW IT IS A VACANT LOT.
SO THEY SPENT $25,000 FIXING THAT AND GETTING IT CLEANED.
THEN THEY HAD TO SPEND ALL THE MONEY HAVING THE HOME RAZED SO THAT IT WASN'T A BLIGHT TO PALM BAY.
THEY FELT IT WOULD BE A BLIGHT BECAUSE HE COULDN'T FIX IT WITHOUT KNOCKING IT DOWN.
MISSION. RANDY PERKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.
THE CITY IS ALSO ASKING FOR A PERCENTAGE OF THE $39,613, 12% OF THAT, WHICH IS $4,754.
AND THAT WOULD MAKE THE TOTAL THAT THE CITY IS ASKING FOR $5,504.
[00:15:04]
CAN YOU REPEAT THAT, PLEASE? THE AMOUNT TOTAL $5,504.OKAY. AND THEN THEY'LL SEND US A RESPONSE TO WHAT THEY SAID.
OH. IS THERE ANY WAY TO REDUCE IT? TOTALLY, SINCE THEY'VE ALREADY SPENT SO MUCH? AND BASICALLY, I DON'T KNOW WHAT THE LOT IS WORTH AT THIS POINT, BUT IT IS BEING KEPT UP TO STANDARDS NOW FOR A VACANT LOT IN PALM BAY.
THEY INDICATED THE PRIOR CASE.
THERE'S ALMOST NEVER A CASE WHERE I DON'T GIVE THE ADMINISTRATIVE FEES.
DO. I'M GOING TO ENTER AN ORDER REDUCING IT TO 2000 TOTAL.
UM. OWNER OF THE PROPERTY HAS ALREADY EXPENDED IN EXCESS OF $25,000 ON THE PROPERTY AND GET IT TO REMOVE THE RESIDENTS AND.
PENALIZE THEM MUCH MORE THAN THEY ALREADY HAVE.
WHEN CAN THAT BE PAID? WELL, IT'S A PROCESS.
I MEAN, NORMALLY IN THE ORDER WE PUT 30 DAYS, SO.
I'M SURE FREDDIE MAC WILL PAY THAT IN 30 DAYS.
THE REASON I'M SAYING THAT IS, IF IT'S NOT PAID WITHIN 30 DAYS, THE ORIGINAL FINE GETS REINSTATED.
OKAY. VIDEO PROVIDE YOU IN ORDER? FIND THE ORDER AND THEN GO. OKAY.
THE LAST CASE TODAY IS KB 2339522 AT 1235 CRAFTSMAN LANE NORTHEAST.
AND THIS IS A PHONE CONFERENCE.
AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND TO WHAT THE CITY PROVIDES IN THEIR RESPONSE.
YOU UNDERSTAND THAT? YES, SIR. OKAY.
OKAY. NEED TO PUT ON YOUR CASE.
[00:20:05]
WHAT'S YOUR BASIS FOR ASKING FOR THE REDUCTION? UM. I WAS UNAWARE OF THE THAT IT WAS AN ONGOING UM.CASE. YOU MEAN IT WAS YOU WERE UNAWARE BECAUSE IT WAS AN ONGOING CASE? WHAT DOES THAT MEAN? NO, I WAS. I DIDN'T KNOW THAT.
IT SAID I WAS BEING CHARGED $50 A DAY.
I DIDN'T EVEN KNOW THAT THERE WAS A LIEN.
I'M SORRY. I'M NOT. I'VE NEVER HAD ANY EXPERIENCE WITH THIS TYPE OF THING.
WELL, THE CITY WOULD HAVE SENT YOU NOTICES.
YEAH, I HAD GOT ONE NOTICE, BUT THAT WAS ALL I SAW.
AND IT DIDN'T SAY THAT I HAD TO DO ANYTHING.
WHEN DID YOU GET THE NOTICE? THAT WAS LIKE BACK IN DECEMBER, PROBABLY.
AND, UM, I SAW ALL I SAW WAS LIKE THE CARS AND I THINK THE LAWN.
AND I GOT THE LAWN MOWED AND MOVED THE CARS.
PAPERWORK THAT WOULD HAVE SAID THERE WAS A HEARING.
IT WAS IN THIS HEARING WAS IN DECEMBER.
I DON'T EVER RECALL SEEING ANYTHING ABOUT A HEARING.
AND I KNOW WHEN I CALLED THE TO THE SORRY, WHEN I CALLED THE FIRST TIME, SHE HAD MENTIONED LIKE A FEW OTHER ONES THAT I GUESS HAD BEEN RESOLVED THAT I DIDN'T EVEN KNOW ABOUT EITHER.
I DON'T KNOW. I DON'T KNOW WHAT TO TELL YOU ABOUT THAT BECAUSE I CAN'T GO BACK AND READ REDO ALL THIS STUFF BECAUSE THE CITY.
CITY. THE PAPERWORK THAT I HAVE SHOWS THAT THE CITY SENT THIS TO CHARLES AND LORI AND NICHOLAS HOME AT 1235, CRAFTSMAN LANE, NORTHEAST IN PALM BAY. AND IT'S SHOWING, YOU KNOW, THE PAPERWORK LEADING UP TO THE ORDER THAT WAS ENTERED BY THE CODE ENFORCEMENT BOARD.
DID YOU NOT GET A COPY OF THE ORDER FROM THE CODE ENFORCEMENT BOARD? UH, THE THE ONLY TIME THAT I SAW THE POPPY, THE FIRST TIME THAT I SAW IT WAS LIKE A MONTH AGO BECAUSE I'M REFINANCING, AND IT CAME UP AS A LIEN.
AND I DIDN'T GET ANY EMAILS OR CALLS ABOUT IT AT ALL.
THEY DON'T CALL PEOPLE THEY SEND OUT.
THEY DEPENDING ON WHAT YOU WHAT.
LOCAL GOVERNMENT THAT YOU LIVE IN.
THEY DO DO CERTAIN THINGS DIFFERENTLY AT THE BEGINNING, BUT AT SOME POINT IN TIME THEY SEND OUT NOTICES AND THE NOTICES GO TO THE ADDRESS THAT'S LISTED ON THE PROPERTY APPRAISER OR TAX COLLECTOR'S WEBSITE.
SO I'M JUST LETTING YOU KNOW THAT THAT'S THE PROCESS.
WHEN IT GETS TO THE POINT OF WHEN IT GETS TO THE POINT OF PROCEEDING TO THE HEARING.
AND I COULDN'T FIND ANYTHING SAYING THAT THAT I STILL HAD AN ONGOING ISSUE ON.
ON THE ON THE CODE ENFORCEMENT WEBSITE FOR PALM BAY.
DID YOU CALL ANYBODY? NO. I DON'T KNOW WHAT.
I HAVE NO I HAVE NO IDEA WHAT WEBSITE YOU'RE TALKING ABOUT, SO I CAN'T HELP YOU THERE.
I UNDERSTAND IT'S THE CITY OF PALM BAY.
I'M SAYING I DON'T KNOW. WHAT YOU LOOKED AT IS WHAT I'M SAYING TO YOU.
I HAVE NO IDEA WHAT YOU'RE TALKING ABOUT.
THE CITY OF PALM BAY CODE COMPLIANCE VIOLATIONS COMPLAINTS.
[00:25:03]
VIOLATIONS OR ANYTHING.AGAIN, I DON'T KNOW WHAT THAT WEBSITE SHOWS, SO I CAN'T.
SO WHAT AND WHAT INFORMATION IS IS LISTED ON THAT WEBSITE EITHER FOR THAT MATTER.
OKAY. BECAUSE LIKE I SAID, THIS IS MY FIRST TIME LIKE DEALING WITH ANYTHING.
OKAY. UM, WHAT'S THE CITY'S RESPONSE? SABRINA PERKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.
CITY IS ALSO ASKING FOR A 15% OF THE TOTAL LIEN, WHICH WAS $9,184.15 FOR THE TOTAL IS $2,128.
WHERE DID THE CITY SEND THEIR NOTICES FOR THIS CODE VIOLATION? THESE CODE VIOLATIONS.
THEY WERE SENT TO CHARLES, LAURIE AND NICHOLAS HONE.
CRAFTSMEN LANE, NORTHEAST PALM BAY, FLORIDA 32905.
THEY DID NOT PICK UP THE MAILING FROM THE POST OFFICE.
SO THIS WAS HAND DELIVERED POSTED ON THE PROPERTY.
OKAY SO THE THE THE NOTICE TO THEIR HOME WAS RETURNED FOR UNCLAIMED.
CORRECT. AND THEN IT WAS POSTED NOVEMBER 14TH, 2022 ON THE PROPERTY ON THE FRONT DOOR.
DID YOU HEAR THAT, MR. HONE? NO, THE CITY'S THE CITY'S FILE REFLECTS THAT THE NOTICES WERE SENT TO YOUR TO THE HOUSE OR THE ADDRESS FOR THE FOR THE CRAFTSMAN LANE ADDRESS BY CERTIFIED MAIL.
NO ONE PICKED UP THE MAIL, SO IT WAS RETURNED TO THE CITY UNCLAIMED.
AND THEN THE CITY POSTED THE VIOLATIONS ON THE PROPERTY.
AND THE. AND THE NOTICE AND THE NOTICE OF HEARING.
LIKE, POSTED IT, LIKE, ON MY DOOR.
BUT I DON'T RECALL EVER SEEING ANYTHING POSTED ON MY DOOR EXCEPT FOR WHEN I HAD GOATS AND THERE WAS SOMETHING PUT ON MY HANDLE LIKE A CARD SAYING THAT I HAD TO GET RID OF THEM, WHICH I DID.
OKAY. UM, DID YOU HEAR THE CITY'S TESTIMONY ABOUT WHAT THEY WOULD AGREE TO AS FAR AS A REDUCTION? I COULDN'T REALLY HEAR HER.
AND THEN THEY'RE ASKING FOR A 15% OF THE CODE AMOUNT WHICH THAT THAT THE TOTAL AMOUNT WOULD BE $2,128 IS WHAT THE CITY IS ASKING FOR.
YOU HAVE A RESPONSE TO THAT? OKAY. OKAY. AND THAT'S THE LOWEST THEY'RE WILLING TO GO.
THAT'S THEIR THAT'S THE LOWEST THEY'RE WILLING TO GO? YES. OKAY.
YOU HAVE A DO YOU HAVE A RESPONSE TO THAT? UH, NO, SIR.
YOU SAID YOU FOUND OUT ABOUT THE VIOLATIONS A MONTH AGO.
IS THAT WHAT YOU SAID? YEAH. LET ME. I CAN CHECK THE EXACT DATE IF YOU WANT.
I JUST. I MEAN, YOU JUST SAID ABOUT A MONTH AGO.
IS THAT TRUE OR NOT TRUE? YEAH. OKAY. YEAH.
OKAY. FOR ANY OF THE VIOLATIONS THAT ARE NOTED.
WERE THEY STILL IN EXISTENCE OR ARE THEY ALREADY BEEN TAKEN CARE OF? THAT EVERYTHING HAS BEEN CLOSED OUT.
NO, I UNDERSTAND. THAT WASN'T MY QUESTION.
WHAT I WAS ASKING WAS, AT THE TIME THAT YOU FOUND OUT ABOUT THIS PROCEEDING AND THIS LIEN HAD THE ITEMS THAT ARE ON THIS THAT THEY THAT THEY CITED YOU FOR, HAD THEY ALREADY BEEN TAKEN CARE OF OR DID YOU TAKE CARE OF THEM AFTER JUNE 21ST? YEAH. AND AS I FOUND OUT ABOUT THIS NOTICE, I CALLED THE CITY FOR A RE-INSPECTION.
OKAY. THAT'S STILL NOT WHAT I ASKED YOU.
[00:30:09]
GO BACK A STEP. YOU RECEIVED THE NOTICE ON JUNE OR THE YOU FOUND OUT ABOUT THE LIENS ON JUNE 21ST? CORRECT? YES, CORRECT.WERE THE VIOLATIONS THERE ON THAT DATE? NO. OKAY. THAT'S WHAT I ASKED YOU.
OKAY. SO HOW LONG BEFORE JUNE 21ST HAD YOU TAKEN CARE OF THOSE ITEMS? UM, WELL, LIKE I SAID, THE PARKING WOULD WOULD BE PROBABLY IN THE END OF DECEMBER BECAUSE I TOLD YOU I SAW THAT ONE.
I CAN'T REMEMBER EXACTLY WHEN I CLEANED IT UP.
PROBABLY JUST A LITTLE BIT BEFORE THAT.
A LITTLE BIT BEFORE THE JUNE 21ST.
ALL RIGHT. I'M GOING TO REDUCE THE FINE TO $1,500.
THE THE ORDER GENERALLY PROVIDES THAT THAT HAS TO BE PAID WITHIN 30 DAYS.
YOU HAVE A PROBLEM PAYING THAT WITHIN 30 DAYS.
THERE'LL BE AN ORDER ENTERED IN THE CITY.
WILL PROVIDE YOU WITH A COPY OF IT.
THANK YOU. YOU DO? I SIGNED THE MINUTES FOR THE PRIOR MEETING.
THE MEETING IS ADJOURNED AT 135.
* This transcript was compiled from uncorrected Closed Captioning.