[00:00:01]
[CALL TO ORDER]
WE WILL CALL THE NOVEMBER 8TH, 2023 CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING TO ORDER.FIRST ORDER OF BUSINESS WILL BE SWEARING IN ANYBODY THAT WISHES TO SPEAK TODAY.
IF YOU WOULD. IF YOU'RE PLANNING ON SPEAKING, PLEASE STAND.
[SWEARING IN]
RAISE YOUR RIGHT HAND.IF STANDING IS TOO DIFFICULT, THAT'S FINE.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO, THANK YOU. YOU MAY BE SEATED.
OKAY, NEXT IS ADOPTION OF THE MINUTES.
[ADOPTION OF MINUTES]
I'VE REVIEWED THE MINUTES FROM LAST MONTH AND THEY ALL LOOKED GOOD.SO THEY HAVE BEEN APPROVED AND WE CAN MOVE ON TO REPORTS.
[REPORTS]
OKAY. OUR FIRST CASE ON THE REPORTS IS CEB 2357023 AT 2280 PHALEN BOULEVARD NORTHEAST.GOOD OFFICER TODAY IS ANGELICA STREET.
IF YOU, SIR, IF YOU WOULD LET.
OH CODE ENFORCEMENT SPEAK FIRST.
ANGELICA SNEED, CODE COMPLIANCE OFFICER, CITY OF PALM BAY.
THE VIOLATIONS ARE STILL THE SAME.
THIS IS FOR PROPERTY AT 2280 FALLON BOULEVARD NORTHEAST.
IT IS FOR USE OF A STRUCTURE OR LAND WITHOUT THE CERTIFICATE OF OCCUPANCY BY INFLUENCED OR ADJACENT PROPERTY CONSTITUTES A HAZARD OF PUBLIC HEALTH, SAFETY AND WELFARE.
OKAY. THANK YOU. SO SO THE PROBLEM IS JUST THE GARAGE DOOR IS THAT IT'S.
OKAY. THANK YOU SIR, IF YOU WOULDN'T MIND THIS.
OH. I'M SORRY, THIS SOUNDS FAMILIAR.
IS THIS THE CASE? WE'VE BEEN HERE BEFORE? YES, IN MARCH. IN MARCH.
AND SINCE THEN? MY MOM, HER SON, MY MOTHER, SHE WENT DOWN.
AND WHAT HAPPENED? OUR HOUSE HAD CAUGHT ON FIRE.
UM, THE INSURANCE COMPANY, THEY HAVING THE LAWYERS THEY MITIGATED LAST WEEK.
AND THEY'RE SAYING THEY HAVE TO LITIGATE THE CASE NOW.
AND MY MOM'S JUST MY SISTER IN NEW YORK.
I GO AROUND EVERY WEEK, MAKE SURE THE GRASS IS CUT.
AND WE HAVE TO WAIT TO HEAR FROM THE LAWYERS THE NEXT STEP.
BUT IN THE MEANTIME, WE STILL HAVE THE SAME PROBLEM WITH THE GARAGE.
OKAY, SO THE GARAGE IS STILL SECURE.
ANY ANY IDEA OF WHEN INSURANCE IS GOING TO COME THROUGH ON THIS? UM, WELL, LAST WEEK I HEARD FROM THE LAWYERS.
THEY SAID THEY HAVE TO LITIGATE NOW, AND THEY SEEN SITUATIONS WHERE MY MOM IS STEADY DECLINING.
SO THEY HAD TO TALK TO HER DOCTORS AND TAKE THE WHOLE THING TO COURT.
OKAY. UM. ANY ANY IDEA HOW MUCH TIME YOU MIGHT NEED? I'LL SAY WITHIN THE NEXT.
NOW, ARE YOU PROHIBITED FROM REPAIRING THE DOOR WHILE.
WHILE THIS WHOLE PROCESS IS BEING WORKED OUT? UM, THERE'S NOTHING WRONG WITH THE DOOR TO THE HOUSE.
BECAUSE THE WHOLE GARAGE DOOR MELTED FROM THE FIRE.
SO I PUT THE PLYWOOD AGAINST THE WHOLE WALL TO SECURE IT.
OKAY. WELL, LET'S GO AHEAD AND.
I'LL GIVE YOU ANOTHER THREE MONTH EXTENSION.
OKAY. THANK YOU SIR. SO WE'LL MAKE THE COMPLIANCE DATE FEBRUARY 6TH, 2024.
HAVE A BLESSED DAY. THANK YOU.
ANGELICA SNEED, CODE COMPLIANCE OFFICER, CITY OF PALM BAY.
THE VIOLATION IS STILL THE SAME.
SECTION 179 .080 CULVERT FAILED, CAUSING DRAINAGE ISSUES.
[00:05:06]
SO THE RESPONDENT IS HERE AND HE'S GOING TO NEED MORE TIME.HE HE DID RECEIVE THE GRANT THROUGH THE CITY.
HE HAS BEEN IN CONTACT WITH ME AND SO JUST NEEDS MORE TIME.
OKAY. DO YOU HAVE ANY OBJECTION TO THAT? OKAY. THANK YOU. SO HE'S HERE.
HELLO. HI. UM, SO I GOT APPROVED FOR THE GRANT.
STATE YOUR NAME FOR THE RECORD.
DYLAN. GEYSER. I GOT APPROVED FOR THE GRANT PROGRAM TO GET THE DRIVEWAY REPAIRED, AND.
YEAH, AND IT'S THE FIRST THING ON THE LIST OF THINGS TO DO.
THEY'RE DOING A FEW OTHER THINGS.
THE CHIMNEY IN THE BACK TO BRING IT UP TO CODE AND SOME OTHER THINGS.
UM, AND I'M SURE SHE CAN CLOSE THE CASE ONCE IT'S DONE.
SO FOUR MONTHS IS IS WHAT YOU NEED, THEN? THEN THAT SOUNDS GOOD TO ME.
SO WE'LL SET THE NEW COMPLIANCE DATE FOR MARCH 8TH, 2024.
IF IT'S IF IT'S DONE BY THEN IT WILL BE JUST CLOSED OUT.
THANK YOU. THANK YOU. OUR NEXT CASE IS CB2 374823 406 SAHARA ROAD NORTHWEST, AND THE CODE OFFICER IS LISA WEGLEIN.
COULD RELEASE WETLAND CITY OF PALM BAY.
THE PROPERTY OWNER HAS BEEN IN CONTACT WITH ME.
I WAS WONDERING IF WE COULD TABLE THIS TILL DECEMBER 13TH HEARING.
OUR NEXT ONE IS KB 23960235850 AVENUE SOUTHWEST.
OFFS RELEASED IN CITY OF PALM BAY.
SO I NEED TO TABLE THIS ONE ALSO AND GET WITH HIM AND EXPLAIN TO HIM WHAT IS STILL NOT CORRECT.
CITY IS REQUESTING THAT THE CODE ENFORCEMENT SPECIAL MAGISTRATE FIND ALL RESPONDENTS AND CASES LISTED ON THE AUTHORIZATION TO IMPOSE FINES, REPORT IN NONCOMPLIANCE FOR THE PERIOD STATED ON THE REPORT, AND IMPOSE THE FINES AS LISTED ON THE REPORT.
I FIND ALL THE RESPONDENTS AND CASES LISTED IN THE AUTHORIZATION TO IMPOSE FINES, REPORT IN NONCOMPLIANCE FOR THE PERIOD STATED ON THE REPORT, AND IMPOSE THE FINES AS LISTED ON THE REPORT DATED NOVEMBER 8TH, 2023.
MOVING ON TO THE HEARINGS AND PER DAY.
[HEARINGS]
FINE. OUR FIRST CASE IS S.B.2417023 AT 1151 BEACON STREET NORTHWEST.
AND THE CODE OFFICER IS ANJELICA SNEED.
ANGELICA SNEED, CODE COMPLIANCE OFFICER, CITY OF PALM BAY.
VIOLATIONS EXIST AT 1151 BEACON STREET NORTHWEST, WHICH IS SECTION 179 .080.
RESTORATION DAMAGE AREAS TO WIT RECOVER FAILURE CAUSING DRAINAGE ISSUES, AND THE LETTER WAS SENT OUT CERTIFIED MAIL AND DELIVERED ON SEPTEMBER 19TH, 2023.
[00:10:07]
YES, SIR. UM.I'M SORRY. CAN YOU PLEASE STATE YOUR NAME? FOR THE RECORD, IT'S STEVEN MAILER.
YES. JUST TO LET YOU KNOW, UNTIL THIS OCCURRED, I WAS TOTALLY UNAWARE THAT THERE WAS EVEN A PROBLEM.
BUT I UNDERSTAND THAT IT NEEDS TO GET DONE.
MY ONLY PROBLEM, AND THE REQUEST I WOULD MAKE OF YOU IS EXTENDED PERIOD OF TIME.
AND YOU KNOW THAT KIND OF MONEY I WOULD HAVE TO SAVE FOR A WHILE TO COME UP WITH.
BUT I WANT YOU TO KNOW, I'M DEFINITELY GOING TO WORK ON IT.
AND AS SOON AS I CAN GET THIS DONE, THAT'S WHAT MY INTENTION IS.
OKAY. HAVE YOU HAVE YOU CONTACTED ANY CONTRACTORS ABOUT HOW HOW LONG IT WILL TAKE OR HOW MUCH IT WILL COST? NO. IN FACT, KEVIN, KEVIN BARKMAN AND HIS ASSOCIATE ERIC CAME OUT BECAUSE HONESTLY, I HAD NO IDEA WHAT THIS WAS ABOUT.
AND THEY VERY GRACIOUSLY SHOWED ME THE EROSION AND ETCETERA AND WHAT NEEDED TO BE DONE, AND THAT WE WANT TO AVERT ANY KIND OF PROBLEM THAT COULD CAUSE MORE PROBLEM WITH THE COMMUNITY IN A FLOOD SITUATION.
SO I'M IN TOTAL AGREEMENT WITH THAT.
MY ONLY PROBLEM RIGHT NOW IS STRICTLY THE MONEY SITUATION, AND MY INTENTION IS I'LL START CONTACTING AS BEST I CAN CONTRACTOR CONTRACTORS AND FIND OUT MAYBE SOMEBODY CAN OFFER FINANCING OR SOMETHING LIKE THAT BECAUSE YOU KNOW, THAT KIND OF MONEY, 3 TO $5000 OR MORE IS JUST HONESTLY IS BEYOND MY REACH RIGHT NOW.
OKAY. I DON'T HAVE A PROBLEM GIVING YOU AN EXTENSION.
I JUST NEED I JUST NEED SOME EVIDENCE TO BACK UP MY DECISION.
SO I CAN'T JUST, LIKE, PICK A DAY OUT OF AN AMOUNT OF TIME OUT OF OUT OF THIN AIR.
SO THAT'S WHY I WAS KIND OF ASKING IF YOU KNEW HOW LONG.
GENERALLY, IF YOU HAVE AN IDEA OF HOW LONG IT WILL TAKE FOR THE TO TO FIX THIS ISSUE, I HAVE HAVING ABSOLUTELY NO IDEA CONSTRUCTION WISE, I WOULDN'T BE ABLE TO INTELLIGENTLY ANSWER THAT QUESTION.
BUT WHAT I CAN DO WHEN THE GUYS CAME OUT, THEY WERE VERY NICE.
AND I, YOU KNOW, THEY GAVE ME SOME IDEA OF HOW MUCH WE'RE TALKING ABOUT, WHICH IS LIKE IT COULD HAVE BEEN $30,000, YOU KNOW? BUT THE ONLY THING I CAN DO AT THIS POINT RIGHT NOW IS JUST CONTACT THE CONTRACTORS AND FIND OUT IF ANYBODY HAS AN EXTENDED PROGRAM, THAT THEY CAN FINANCE IT AND PAST THAT POINT.
OKAY. ANGELICA, COULD YOU JUST KIND OF DESCRIBE THE EXTENT OF THE DAMAGE AND WHAT THE.
SURE. SO THIS WAS REFERRED OVER BY PUBLIC WORKS.
AND BASICALLY THEY JUST SENT IT OVER FOR A FAILED CULVERT, POSSIBLE FAIL DRIVEWAY PIPE.
AND THEY WROTE IT UP AS THEY WERE TRENCHING.
AND IT'S BLOCKING THE IT'S BLOCKING DRAINAGE.
OKAY. HOW LONG, SIR, DO YOU THINK IT WILL TAKE FOR YOU TWO TO GET THE MONEY TOGETHER? IN ALL HONESTY, IT COULD BE A YEAR.
AND LIKE I SAID, I MIGHT GET LUCKY.
I MIGHT FIND SOME CONTRACTOR THAT WOULD BE WILLING TO DO IT AND FINANCE IT.
THEN OBVIOUSLY WE GET SOON GET DONE VERY, VERY SOON.
WELL, I DON'T THINK I COULD GIVE YOU A WHOLE YEAR RIGHT NOW, BUT LET'S.
HOW ABOUT IF I GIVE YOU A 90 DAY EXTENSION FOR NOW SO THAT YOU CAN.
OKAY. AND THEN HOPEFULLY THERE'LL BE SOME SORT OF FINANCING.
FINANCING THAT YOU CAN WORK OUT.
THAT'S MY, YOU KNOW, THEN IF WE NEED TO DISCUSS FUTURE EXTENSIONS, WE CAN DO THAT TOO.
SO I APPRECIATE YOUR COOPERATION.
THANK YOU. I JUST NEED A PER DAY.
[00:15:12]
OUR NEXT CASE IS 2417323 AT 1145 BEACON STREET NORTHWEST, AND THE CODE OFFICER IS ANGELICA STATE.ANGELICA STATE CODE COMPLIANCE OFFICER, CITY OF PALM BAY.
VIOLATIONS EXIST AT 1145 BEACON STREET, NORTHWEST SECTION 179 .080.
RESTORATION OF DAMAGED AREAS TWO WITH CULVERT FAILED, CAUSING DRAINAGE ISSUES.
THIS LETTER WAS SENT OUT CERTIFIED MAIL AND IT WAS POSTED.
ISN'T THAT THE ONE WE JUST DID? NO IT'S THERE. JASON.
HI. MY NAME IS WILLIAM ALVAREZ, AND I JUST WANTED TO BECAUSE THE LAST ONE IS PRETTY SIMILAR.
EXACTLY. BECAUSE I'M NOT A PROFESSIONAL WHEN IT COMES TO THAT.
AND WHEN I WENT TO LOOK AT IT, I WAS LIKE, WHAT'S REALLY WRONG WITH IT? SO I WAS JUST WONDERING IF SHE COULD KIND OF EXPLAIN EXACTLY, LIKE WHAT'S WRONG WITH IT AND STUFF.
UNFORTUNATELY, I'M NOT A PROFESSIONAL ON THESE THINGS EITHER.
SO I, YOU KNOW, WE ALL RELY ON ON THE CITY, THEIR DESCRIPTIONS OF IT.
I THINK THIS ONE COMES FROM ACTUALLY PUBLIC WORKS THOUGH.
RIGHT. THAT WOULD JUST SO I DON'T OTHER THAN WHAT WAS JUST STATED.
OKAY. UM, UM, NOW, AS FAR AS CONTRACTORS, I TRY TO DIG DEEP TO SEE IF I COULD GET SOME FAIR AMOUNT OF DIFFERENT ESTIMATES ON IT. THERE WASN'T TOO MANY THAT WERE OUT THERE THAT WERE ABLE TO DO THE JOB.
SO I WASN'T SURE IF YOU GUYS HAVE ANY INFORMATION, YOU KNOW, A LIST OF CONTRACTORS THAT WE COULD REACH OUT TO SO I COULD GET SOME MORE ESTIMATES BECAUSE THEY RANGE BETWEEN 8000 TO $12,000.
AND, YOU KNOW, I REALLY WASN'T EXPECTING THAT.
I DIDN'T EVEN KNOW THAT I HAD TO REPLACE THE WHOLE ENTIRE, YOU KNOW, DRIVEWAY.
SO SO THAT'S WHY I JUST WANTED TO KIND OF DIG DEEP AS FAR AS, LIKE, WHAT EXACTLY IS WRONG WITH IT? SO I'M NOT DOING A COMPLETE LARGE JOB, YOU KNOW, THAT'S REALLY NOT REQUIRED, YOU KNOW.
UM, YOU KNOW, BECAUSE, YOU KNOW, BETWEEN 8 TO $12,000.
I MEAN, IT'S A LOT OF MONEY TO WORK OUT, JUST, YOU KNOW, TO HELP OUT SOME DRAINAGE.
WELL, UNFORTUNATELY, I DON'T THINK THIS IS THE CORRECT FORUM FOR A LOT OF WHAT YOU'RE LOOKING FOR.
I HAVE I CAN'T I'M NOT QUALIFIED TO TELL YOU AT ALL HOW LONG IT WILL TAKE.
THAT'S OR WHAT NEEDS TO BE DONE.
SO I'M GOING TO I'M GOING TO GO WITH THE SAME DEAL.
I'LL GIVE YOU THE 90 DAY EXTENSION.
SO THE NEW COMPLIANCE DATE WILL BE FEBRUARY 6TH.
HOPEFULLY, YOU KNOW YOU CAN GET A CONTRACTOR THAT WILL ALLOW FOR FINANCING.
THANK YOU. NO PROBLEM. SO THE NEW COMPLIANCE DATE FEBRUARY 6TH, 2024.
AND $50 A DAY FINE FOR EVERY DAY.
IT'S NONCOMPLIANCE AFTER THAT.
PHIL CLINTON AND CO COMPLIANCE OFFICER WITH CITY OF PALM BAY.
TALL GRASS AND WEEDS STILL EXIST.
THE RESPONDENT IS HERE IS REQUESTING AN EXTENSION.
SO. EXCUSE ME. MY NAME IS ROBERTO IRIZARRY AND I WORK FOR DOLLAR GENERAL.
I'M ACTUALLY A DISTRICT MANAGER FOR THIS AREA, SO I'M RESPONSIBLE FOR THE STORE.
[00:20:04]
AND WE HAD A VIOLATION.AND THE WEEDS AND GRASS WERE CUT WITHIN THE CONFINES OF THE PROPERTY.
HOWEVER, WE HAVE A CONTRACT ALSO THAT WE NEED TO BE ABLE ALSO TO CUT THE A CERTAIN AMOUNT OF LAND OR FOOTAGE THAT'S BESIDE.
SO THAT WAS LEFT TO DO, BUT EVERYTHING ELSE HAS BEEN DONE.
SO I'M JUST ASKING EXTENSION TO GET SOMEBODY ELSE THERE AND TAKE CARE OF THAT.
ANY IDEA HOW LONG IT WILL TAKE? I WOULD SAY 30 DAYS.
SO DECEMBER 8TH, 2023 WILL BE THE NEW THE NEW COMPLIANCE DATE.
AND THEN IT'S $50 A DAY FOR EVERY DAY AFTER THAT.
THAT IT'S NOT THE PROPERTY IS NOT IN COMPLIANCE.
HAVE A GOOD AFTERNOON. OUR NEXT CASE IS CB 2416523 AT 770 CAYUGA AVENUE NORTHEAST.
VALERIE, CODE COMPLIANCE DIVISION MANAGER.
THIS PROPERTY AT 770 CAYUGA WAS CITED FOR RECREATIONAL CAMPER THAT WAS ORIGINALLY IN THE DRIVEWAY.
IT'S A CAMPER THAT GOES IN THE BACK OF A TRUCK.
AND THE OWNER AND THE OWNER'S DAUGHTER, WHO'S THE TENANT, IS HERE TO RESPOND.
OKAY. THANK YOU. YEAH, I'M ROBERT LEWIS, OWNER OF THE PROPERTY.
DO YOU HAVE A COPY OF THE THAT I HAVE? YES, I HAVE, I HAVE A COPY OF THE VIOLATION.
OKAY. WELL, FIRST OFF, I MEAN, THIS IS CONSIDERED A LEGAL DOCUMENT, RIGHT? WELL. THAT'S CORRECT.
YOU. WELL, IT'S IT SAYS HERE THAT MY PROPERTY IS ON A CORNER LOT.
THE VIOLATION SAYS I'M ON A CORNER LOT.
OKAY. THAT'S I DON'T THINK THAT THAT'S THAT THAT'S REALLY.
WELL IT'S MATERIAL TO THE TO THE ISSUE HERE.
BECAUSE IF I'M NOT ON A CORNER A LOT, I'M NOT IN VIOLATION.
OKAY, THAT'S THAT'S NOT EXACTLY I DON'T THINK YOU'RE YOU'RE READING THE THE RULE CORRECTLY.
IT'S NOT IT'S NOT BASED ON WHETHER OR NOT YOU'RE IN A CORNER LOT.
THE, THE THE VIOLATION IS THAT YOU HAD A RECREATIONAL VEHICLE PARKED FOR LONGER THAN 24 HOURS IN THE DRIVEWAY. THAT'S NOT WHAT IT SAYS.
BUT THAT'S NOT WHAT THIS SAYS.
IT SAYS THAT MY LOT IS A CORNER LOT AND IT'S NOT.
IT SAYS SECTION 180 5.1 23C RECREATIONAL VEHICLE PARKED FRONT OF RESIDENCE.
EVERY WORD IN ANY ORDINANCE OR STATUTE OR LAW HAS TO BE.
PERFECT. YOU CAN'T JUST PICK AND CHOOSE WHICH WORDS APPLY AND WHICH WORDS DON'T.
MS.. FRANK, JUST TO JUSTIFY THAT THERE'S TWO DIFFERENT SENTENCES.
IT'S THE RECREATIONAL VEHICLE PARKED IN FRONT OF A RESIDENCE.
WELL, LET ME LET ME SAY SOMETHING BECAUSE I AM THE POSSESSOR I POSSESS.
[00:25:01]
I'M SORRY. WE'RE WE'RE WE'RE NOT GOING TO DISCUSS THE THE CONSTRUCTION OF THE ORDINANCE ANY LONGER BECAUSE VALERIE IS CORRECT.I REVIEWED EVERYTHING THAT WAS SENT TO YOU.
I REVIEWED YOUR REPLY, AND I'VE ALSO REVIEWED THE ORDINANCES.
IT WAS ACTUALLY CHANGED THE DAY AFTER YOU RECEIVED NOTICE.
WELL, THIS SECTION C DOES APPLY TO YOUR CASE.
BUT THE NEW ORDINANCE IS MORE STRICT.
SO EVEN IF I FOUND THAT YOU'RE NOT THAT YOU ARE IN COMPLIANCE UNDER SECTION C, AS SOON AS YOU GO HOME TODAY, YOU'RE NOT IN COMPLIANCE WITH THE NEW ORDINANCE. OKAY.
LET ME I HAVE A QUESTION, BECAUSE WHEN YOU'RE TALKING ABOUT THE DEFINITION OF RECREATIONAL VEHICLE, IS IS ACTUALLY A SUBSECTION OF THE DEFINITION OF MOTOR VEHICLE, WHICH IS IN THE FLORIDA STATUTES.
AND AS YOU KNOW, YOUR FEDERAL GOVERNMENT IS THE FLORIDA CONSTITUTION.
THE UNITED STATES CONSTITUTION SUPERSEDES THE FLORIDA CONSTITUTION.
AND WHATEVER YOURS SAYS CANNOT BE IN CONTRADICTION WITH.
SO UNITED STATES CODE SAYS A MOTOR VEHICLE MEANS EVERY DESCRIPTION OF A CARRIAGE OR OTHER CONTRIVANCE, PROPELLED OR DRAWN BY MECHANICAL POWER, AND USED FOR COMMERCIAL PURPOSES ON THE HIGHWAYS.
IT'S DOING COMMERCIAL BUSINESS, AND WE ALL KNOW THAT THAT'S THE SAME DEFINITION AS THE VEHICLE.
IF SHE DOESN'T KNOW THAT, OR IF YOU DON'T, THEN THAT'S THE CONSTITUTIONAL DEFINITIONS.
THERE'S NO COMMERCIAL ANYTHING GOING ON WITH EITHER ONE OF THOSE VEHICLES, THE TRUCK OR THE CAMPER.
NUMBER TWO, THAT CAMPER IS NOT REQUIRED TO BE REGISTERED.
IT DOESN'T HAVE TO HAVE A TAG.
IT'S NOT A RECREATIONAL VEHICLE THAT'S MADE CLEAR BY THE DEFINITIONS.
AS FAR AS THE DEFINITIONS, THIS IS NOT A FEDERAL CASE.
THIS IS THIS IS A CITY ORDINANCE CASE.
I'M TALKING THE DEFINITION OF A RECREATIONAL VEHICLE IS WHAT'S FOUND IN THE CITY ORDINANCE.
NOT NOT THE FEDERAL STATUTES OR STATE STATUTES OR ANYTHING LIKE THAT.
NOW, I APPRECIATE YOUR ARGUMENT ABOUT THE LENGTH OF THE VEHICLE.
I'M STILL TALKING. I APPRECIATE YOUR ARGUMENT ABOUT THE LENGTH OF THE VEHICLE, BECAUSE THERE IS AN EXCEPTION AT THE VERY END THAT SAYS EXCLUDING SELF PROPELLED ROADWAY VEHICLES LESS THAN 22FT IN LENGTH.
HOWEVER. THE OFFENDING OBJECT IS NOT THE TRUCK THAT THE CAMPER IS ATTACHED TO.
THE TRUCK THAT THE CAMPER IS ATTACHED TO IS PERFECTLY FINE.
THAT'S THAT'S NOT A THAT'S NOT A PART OF THE RECREATIONAL VEHICLE.
THE OFFENDING OBJECT IS THE CAMPER, WHICH WOULD FALL UNDER THE EARLIER PART OF THE SENTENCE, WHICH WOULD I WOULD CONSIDER TO BE A CARGO TRAILER OR CAMPER.
THAT'S THAT'S THE PART THAT OFFENDS THE OR THE CITY CODE.
AND THERE'S NO THERE'S NO EXCLUSION FOR THE LENGTH OF THAT.
NOW THAT'S THE OLD ON THE OLD DIFF.
THAT'S WHY YOU'RE IN VIOLATION PER THE OLD CODE.
SO WHAT IS NOW? THE NEW CODE? DESCRIBES A RECREATIONAL RECREATIONAL VEHICLE AS A UNIT PRIMARILY DESIGNED AS A TEMPORARY LIVING QUARTERS FOR RECREATIONAL CAMPING OR TRAVEL USE, WHICH EITHER HAS ITS OWN MOTIVE POWER OR IS MOUNTED OR DRAWN BY ANOTHER VEHICLE.
THERE'S NO THERE'S NO WIGGLE ROOM DEFINITELY FITS UNDER THE NEW DEFINITION.
SO SO I DON'T THINK THAT THERE IS ANY I DON'T THINK THERE'S ANY DISPUTE IN MY MIND THAT THE TRUCK
[00:30:07]
OR THE CAMPER IS A VIOLATION OF THE CODE.OKAY, IF IT WAS A MOTOR HOME WITH 22FT OR LESS, IT WOULD IT WOULD BE OKAY.
ACCORDING TO THE OLD DEFINITION, IT WOULD BE ACCORDING TO THE NEW CODE.
WELL. AND THE OLD CODE IS WHAT APPLIES TO YOUR IT IS WHAT APPLIES TO YOUR CASE.
SO REALLY, THE ONLY THERE'S REALLY ARGUING ABOUT COMPLIANCE IS NOT IS NOT IS NOT NECESSARY.
WILL WE? THE ONLY THING WE NEED TO REALLY DISCUSS IS HOW MUCH TIME WE NEED TO FIX THIS ISSUE.
OKAY. I WANT TO ASK ASK YOU SOMETHING.
IT WAS ALL MADE UP BY VALERIE.
NOW. OKAY, I'M GOING TO STOP YOU RIGHT THERE.
HEY, STOP! CODE COMPLIANCE DOESN'T GO AROUND LOOKING FOR TROUBLE.
I DON'T THINK YOU NEED TO YELL AT MY FATHER.
OKAY? YOU GUYS WILL TALK WHEN I TELL YOU TO TALK.
AND IF I'M TALKING, YOU WILL NOT TALK.
OKAY? NOW THERE IS ONLY ONE ISSUE AND THAT IS HOW LONG WILL IT TAKE TO COME INTO COMPLIANCE? WHAT DO YOU NEED TO COME INTO COMPLIANCE? WELL, I'LL BE I'LL BE HAPPY TO COME INTO COMPLIANCE AS SOON AS WE GET ONE THING STRAIGHT.
THERE'S A CERTAIN TYPE OF JURISDICTION AND AUTHORITY THAT YOU HAVE TO MAINTAIN.
AND WHAT JURISDICTION ARE YOU PROCEEDING UNDER? BECAUSE THERE'S ONLY TWO TYPES OF LAW.
ALL RIGHT. I AM CLOSING THIS MATTER.
FINES BEGIN TO ACCRUE TODAY, $50 A DAY.
THE FINE WILL BE $50 A DAY UNTIL THE PROPERTY IS BROUGHT IN.
YOU'RE NOT GOING TO LISTEN? YOU'RE NOT GOING TO. I'M NOT LISTENING TO A JURISDICTIONAL COMMENT.
AND IF THERE'S ANY FURTHER, I'M GOING TO HAVE THE POLICE ESCORT.
FINE, DAD. DON'T WORRY ABOUT IT.
BUT IS THIS RECORDED? HEAR THIS WHEN YOU'RE IN COMPLIANCE CALLED CODE COMPLIANCE, AND THEY WILL COME AND INSPECT THE PROPERTY.
IT'S NOT EVEN THERE RIGHT NOW.
OUR NEXT CASE IS KB 2424123 AT 1227 PACKER ROAD SOUTHEAST, AND THE CODE OFFICER IS PHILIP CLENDENON.
PHIL CLENDENIN, CO, COMPLIANCE OFFICER WITH CITY OF PALM BAY.
THE VIOLATION SECTION 93.04, SUBSECTION A AND ONE NUISANCE VEGETATION STILL EXIST.
THE RESPONDENT IS HERE IS REQUESTING AN EXTENSION.
CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? I'M SORRY. PLEASE STATE YOUR NAME FOR THE RECORD.
I JUST NEED MORE TIME TO DO IT.
SO WE'RE GOING TO TAKE CARE OF IT FOR HIM.
OKAY, SO HE GAVE US THE GO AHEAD SO WE CAN TAKE CARE OF SOME.
OKAY. CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD ALSO? MY NAME IS VINA MATHURIN.
OKAY. AND HOW LONG DO YOU THINK IT'LL TAKE TO FOUR WEEKS.
BECAUSE WE LIVE IN PORT SAINT LUCIE.
SO WE GOT KNOW WE'RE GOING TO TAKE CARE OF THAT.
FINE. OKAY, SO A 30 DAY EXTENSION? YES. THIS IS JUST MOWING THE LAWN, RIGHT? YES. OKAY.
SO DO YOU HAVE ANY PROBLEM WITH THAT? OKAY. NO PROBLEM.
I'LL GIVE YOU THE WE'LL EXTEND THE COMPLIANCE DATE TO DECEMBER 8TH, 2023.
AND THAT'LL BE $50 A DAY FINE FOR EVERY DAY AFTER THAT.
THAT IS NOT IN COMPLIANCE. THANK YOU SO MUCH.
YOU'RE WELCOME. INSTEAD OF THE $50 A DAY, CAN WE HAVE A 200 FLAT AND THEN AUTHORIZATION TO TAKE CARE OF IT? YES, WE CAN DO THAT. IT'LL BE INSTEAD OF A $50 A DAY.
FINE. IT'LL BE A $200 FLAT FINE WITH THE AUTHORIZATION TO FOR THE CITY TO MOW.
ALL RIGHT. DO WE HAVE ANY OTHER BUSINESS? WE HAVE A CASE THAT IS BEING WITHDRAWN BY THE CITY.
[00:35:02]
THAT IS CB 2416923 AT 1663 GEORGIA STREET NORTHEAST.WE ALSO HAVE A COUPLE OF CASES THAT HAVE COME INTO VOLUNTARY COMPLIANCE.
CB 2419823 AT 542 FERNANDINA STREET.
NORTHWEST 2421423 AT 567 TROY ROAD, SOUTHWEST.
2421523 AT 1318 SAXONY ROAD SOUTHWEST.
2421623 AT 790 GIRARD AVENUE SOUTHWEST.
AND 2422123 AT 2300 DEGROOT ROAD, SOUTHWEST.
2422923 AT 533 DANDO STREET, SOUTHWEST.
2427823 AT 2012 TREE RIDGE LANE.
THE FOLLOWING CASES ON THE PER DAY AGENDA.
ALL RESPONDENTS HAVE BEEN SERVED OR NOTICED.
ACCORDING TO CHAPTER ONE 60 TWO OF THE FLORIDA STATE STATUTES AND THE PALM BAY CODE OF ORDINANCES.
THE RESPONDENTS ARE NOT PRESENT TO BE HEARD AND THE CASES HAVE NOT COME INTO COMPLIANCE.
THE CITY IS SUBMITTING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES, AND REQUESTED 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 STATEMENTS OF VIOLATION.
THE FOLLOWING CASES ON THE SET.
FIND AGENDA. ITEMS ONE THROUGH 73 WILL BE HEARD 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 AND OR NOTICED.
ACCORDING TO CHAPTER ONE 60 TWO OF THE FLORIDA STATE 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 IMPOSE A FLAT FINE.
IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE, THE CITY ALSO REQUESTS 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 DATE.
THE RESPONDENTS IN THE CASE IS LISTED HAVE UNTIL NOVEMBER 18TH, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER, TO BRING THEIR RESPECTIVE PROPERTIES INTO COMPLIANCE OR PAY A FLAT FINE OF $200.
I AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS TO BRING THE PROPERTIES INTO COMPLIANCE, AND CHARGE THE PROPERTY OWNER WITH THE REASONABLE COST OF THE ACTIONS, ALONG WITH THE IMPOSED FINE.
THE FOLLOWING CASES ON THE AGENDA.
ALL RESPONDENTS HAVE BEEN SERVED OR NOTICED.
ACCORDING TO CHAPTER 162 OF THE FLORIDA STATE 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 VIOLATIONS 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 FAIL TO COME INTO COMPLIANCE BY THE COMPLIANCE DATE, I FIND THAT ALL THE RESPONDENTS IN THE CASES LISTED BY THE SECRETARY ARE IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.
THE RESPONDENTS IN THE CASES LISTED HAVE UNTIL NOVEMBER 18TH, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER, TO BRING THEIR RESPECTIVE PROPERTIES INTO COMPLIANCE, OR THE CITY IS AUTHORIZED TO IMPOSE A FLAT FINE OF $200 FOR THE VIOLATION.
ANYTHING ELSE? ALL RIGHT. IF THERE'S NO ADDITIONAL BUSINESS, WE WILL CLOSE THE HEARING AT 144.
* This transcript was compiled from uncorrected Closed Captioning.