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[CALL TO ORDER ]

[00:00:05]

I'D LIKE TO CALL TO ORDER THE SPECIAL MAGISTRATE MEETING FOR DECEMBER 2020, 2023.

IT'S 1:00 PM.

UH, MY NAME IS JAMES BEADLE.

I'M THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY'S COUNCIL TO CONSIDER APPLICATIONS FOR REDUCTION IN THE CODE ENFORCEMENT LIENS, AND THE GENERAL PROCEDURE IS THAT THE APPLICANT COMES FORWARD TO THE PODIUM, AND THEY WILL PROVIDE THEIR NAME AND ADDRESS FOR THE RECORD.

AND THEN YOU CAN PRESENT YOUR CASE, AND THEN THE CITY WILL RESPOND AFTER THAT.

AND YOU GET THE LAST SAY AFTER THE CITY PRESENTED THEIR CASE.

AS FAR AS WHAT YOUR POSITION IS ON THE CITY'S COMMENTS, AND THAT'S PRETTY MUCH IT AS FAR AS THE GENERAL OVERVIEW.

[SWEARING IN ]

AND I'LL HAVE THE CLERK SWEAR YOU IN.

DO YOU WANT ME TO STEP UP? WELL, YOU NEED TO BE SWORN IN FIRST.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. UM, LET'S LET ME JUST READ IN THE FIRST CASE, UM, CV 22361-20 AT

[PETITION FOR RELIEF ]

1307 ELDON BOULEVARD SOUTHEAST.

AND THE CITY IS REQUESTING THAT THIS CASE BE TABLED, UM, UNTIL NEXT MONTH, AS THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME.

OKAY. THERE'LL BE AN ORDER ENTERED TO THAT EFFECT.

SINCE I CAN'T CONSIDER THIS UNTIL THE PROPERTY IS FULLY IN COMPLIANCE ANYWAY.

SO. PERFECT. THANK YOU.

UH, THE NEXT CASE IS CV TWO THREE.

THESE ARE THE RESPONDENTS FOR THAT ONE.

WE'VE BEEN LOOKING AROUND.

WE'VE BEEN TRYING TO FIND IT.

I'M SORRY. OKAY.

DO YOU WANT TO? RUN! OKAY. MISS WIGGINS, I'VE BEEN ADVISED BY STAFF THAT THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME.

I'M JUST LETTING YOU KNOW THAT THAT'S WHAT I'VE BEEN ADVISED.

AND IF THAT'S THE CASE, I CANNOT CONSIDER AN APPLICATION TO REDUCE THE FINE UNTIL THE PROPERTY IS IN COMPLIANCE.

ONE OF THE TITLES ON FENCES DOWN.

I'VE DONE EVERYTHING THEY'VE ASKED.

UM, SO.

SO THERE'S TRASH AND DEBRIS.

SO THIS MORNING I CALLED THEM.

THEY CALL ME AT 1245 AND HAVE A GUY AT 330.

THERE'S STILL TRASH AND DEBRIS THERE.

AND EVEN THIS MORNING.

YEAH, THAT WE HAD THAT ONE WHOLE DAY.

OKAY. BUT THAT'S I UNDERSTAND WHAT THE PROBLEM IS, IS THAT YOU CAN'T COME BEFORE THE MAGISTRATE UNLESS YOUR PROPERTY IS IN COMPLIANCE.

EXCUSE ME. CAN WE GET A LIST OF WHAT YOU'RE TALKING ABOUT NOW? LIKE THE GARBAGE? GOT THE GARBAGE? THE TRASH? YEAH. WE'VE SPOKEN, MISS WIGGINS, MISS WIGGINS, WE'VE SPOKEN TO HER ON SEVERAL OCCASIONS AND ADVISED HER WHAT NEEDS TO BE CLEANED UP.

OKAY, SO SHE'S WELL AWARE OF WHAT NEEDED TO BE CLEANED UP.

THE OFFICER WAS OUT THERE THIS MORNING, AND THERE'S STILL A BUNCH OF TRASH OUT THERE.

IT'S NOT A BUG. THERE'S NOT MUCH.

THERE IS STUFF ON THE GROUND, SOME WOOD.

OKAY, SO THIS WAS TAKEN THIS MORNING.

YEAH. THAT'S ONE OF THE PICTURES THAT WAS TAKEN THIS MORNING.

THAT'S STILL A LOT OF TRASH RIGHT HERE.

SO. YEAH.

SO UNTIL THIS IS TAKEN CARE OF AND THIS IS OUT BY THE ROAD, IT IS BY THE ROAD.

OKAY. BUT THAT'S STILL IT'S BUSY.

I JUST OKAY, I'M NOT GOING TO ARGUE IT BECAUSE I GET NOWHERE.

THE DAY WE HAVE THAT DOWN.

1245 I GOT A PHONE CALL THAT THAT PRINCE HAD COME DOWN AFTER I WAS TOLD TO PUT THE FENCE UP.

I TOLD HER TO PUT THE FENCE UP, BUT SHE NEVER MEANT.

OKAY. NOBODY SAID ANYTHING ABOUT A SMALL FENCE.

OKAY, SO THE PROBLEM IS, LIKE I SAID, UNTIL THIS IS ALL COMPLETED AND ALL THE CIRCUIT PUTS YOU IN COMPLIANCE, WE CAN'T HAVE YOU COME TO THE MAGISTRATE.

OKAY. OKAY.

CAN YOU COME BACK? BECAUSE YOU DON'T HAVE TO BE NEXT, RIGHT? WE HAVE TO RESCHEDULE.

CORRECT? CORRECT. OKAY. WELL, IT'LL JUST GET RESCHEDULED TO THE NEXT MEETING IS WHAT WILL HAPPEN.

SO AS LONG AS EVERYTHING'S TAKEN CARE OF AND THE STAFF CLEARS, WHATEVER THE ISSUES ARE, THEN I CAN CONSIDER IT.

I JUST CAN'T CONSIDER IT UNTIL IT.

IT'S A COMPLIANCE. CORRECT.

OKAY, HONEY. FORGET IT.

SO, HONEY, WE'RE GOING TO GET IT IN COMPLIANCE I HAVE SQUATTERS.

WHAT HAPPENED? I UNDERSTAND, I SAW THE STUFF IN THE FILE.

I UNDERSTAND ALL THAT, BUT I'M JUST SAYING I DON'T HAVE ANY ABILITY TO HEAR THE CASE FOR REDUCTION UNTIL.

UNTIL IT'S DONE.

HOW ABOUT WE GET CLEANED UP? YOU NOTIFY THE OFFICE.

IT'S DONE. SHOW UP AND FOLLOW UP ON WHAT SHE SAYS.

IT'S IN COMPLIANCE. THEN WE CAN PUT YOU ON TO THE JANUARY 17TH.

OKAY. ALL RIGHT.

IF I MAY ASK, IS THERE ANY PLACE YOU CAN APPOINT SOMEBODY TO APPEAR ON YOUR BEHALF? YES, BUT YOU HAVE TO FILE THE PROPER PAPERWORK WITH THE CITY.

YOU HAVE TO GIVE SOMEBODY PROPER AUTHORITY TO SPEAK ON YOUR BEHALF.

OKAY. AND THAT'S ALL YOU HAVE TO DO IS MAKE SURE THAT THAT PAPERS IN THE FILE AND THAT PERSON SHOWS UP.

BUT YES, SOMEBODY CAN BE HERE TO SPEAK FOR YOU, BUT THE POWER OF ATTORNEY OR SOMETHING LIKE THAT.

OKAY. ALL RIGHT. THANK YOU SIR.

[00:05:01]

YES, MA'AM. I'M SORRY.

I GOTTA TRY AGAIN.

THAT'S ALL RIGHT. OUR NEXT CASE IS CV 2381223 AT 1901 ROBERT J.

CONLON BOULEVARD NORTHEAST.

AND, UM, VALERIE WILL PRESENT THE CASE.

YEAH. CAN YOU IDENTIFY YOURSELF AND YOUR ADDRESS, PLEASE? MY NAME IS EDDIE.

EDDIE. LAST NAME IS YILMAZ.

YILMAZ. WHICH ADDRESS DO YOU WANT? THE PROPERTY ADDRESS OR MY RESIDENCE? WHICHEVER YOU PREFER.

UH, MY RESIDENCE IS EDISON, ILLINOIS THREE AND 775 ROLLING ROAD.

ADDISON, ILLINOIS 60101.

OKAY. THE PROPERTY ADDRESS HERE IS 1901 ROBERT J.

CONWELL BOULEVARD, PALM BAY 32 905.

OKAY. UH, NOVEMBER 30TH, I RECEIVED AN EMAIL FROM MY BROKER.

THE PROPERTY IS FOR SALE FOR THE PAST SIX MONTHS.

I HAVE A BUYER FOR THE PROPERTY AND WE HAVE A SIGNED CONTRACT FOR THE SALE.

UH, WHEN THE TITLE COMPANY STARTED TO DO THE RESEARCH FOR THE TITLE, THEY REALIZED THAT THERE IS A LIEN ON MY PROPERTY.

AND I, THEY EMAILED ME IMMEDIATELY.

SO BASICALLY, AS SOON AS I RECEIVED THE EMAIL ON NOVEMBER 30TH, I GOT DOWN HERE ON NOVEMBER 3RD, WHICH IS, UH, DECEMBER 3RD, WHICH IS THREE DAYS FROM, UH, THE TIME AND DATE I RECEIVED THE NOTICE AS AS SOON AS WE GOT HERE. WE VISITED THE CITY HALL, WE VISITED THE FIRE MARSHAL.

WE ASKED ALL THE QUESTIONS AND WE IMMEDIATELY STARTED CORRECTING WHATEVER IS NOT IN COMPLIANCE.

FIRST OFF, WE PAID THE FINES.

UH, WITH THE FIRE DEPARTMENT, WHICH IS ACTUALLY NOT MY RESPONSIBILITY, BUT THE TENANT'S RESPONSIBILITY.

BUT UNFORTUNATELY, HE'S NOT TAKING CARE OF ANY OF THESE.

UH, AFTER, UH, I VISITED THE CITY.

I WAS TOLD THAT WHAT NEEDS TO BE DONE.

I IMMEDIATELY REMOVED THAT ILLEGAL SEWER CONNECTION AND ALSO REMOVED THAT RV WHICH WAS PARKED RIGHT BEHIND THE BUILDING.

I TOOK PICTURES OF IT.

WE CAME BACK. THEY PRESENTED THE PICTURES.

WE EMAILED THEM.

UH, TODAY IS THE LAST DAY OF MY NOTICE TO MY TENANT, UH, TO REMOVE HIMSELF AND HIS PROPERTY FROM MY PROPERTY.

I ALREADY TOOK ALL THE NECESSARY LEGAL ACTIONS.

I REQUESTED A CERTIFIED COPY OF, UH, THE LEASE THAT HE CLAIMS TO HAVE WITH THE PREVIOUS OWNER OF THE PROPERTY.

I ALSO SPOKE TO THE PREVIOUS OWNER OF THE PROPERTY AND THE BROKER, AND I WAS TOLD THAT HE NEVER HAD AN ACTUAL LEASE.

AND THE LEASE THAT HE HAD WAS FROM JANUARY 2014 TO JANUARY 2015.

I HAVE A COPY OF THE LEASE IN MY HAND.

HE DOES NOT HAVE A VALID LEGAL LEASE.

UH, BESIDES ALL OF THAT.

ONE OF THE REASONS I'M REMOVING REMOVING THE PERSON IS BECAUSE I SOLD THE PROPERTY, AND I HAVE A CLOSING IN JANUARY 5TH.

THIS IS THE FINAL DATE.

IT WAS 15TH.

WE CHANGED IT TO DECEMBER 28TH BECAUSE WE DON'T HAVE THE THE TITLE.

WE MOVED IT TO JANUARY 5TH.

NOW I FILED THE COMPLAINT WITH THE MOTOR VEHICLE DEPARTMENT, MR. LEONEL T BATTALION.

HIS UH, DEALERSHIP LICENSE PLATES ARE ALREADY CANCELED AND I REQUESTED THAT HIS DEALERSHIP LICENSE IS ALSO REVOKED.

AND I WILL CONTINUE WITH LEGAL ACTION TO RECOVER ALL THE LOSSES ON ALL THE TROUBLES HE CAUSED ME.

I AM HERE FOR TWO AND A HALF WEEKS PAYING HOTEL, RENTING A CAR, LOSING TIME AND MONEY BECAUSE OF THIS KIND OF IRRESPONSIBLE PERSON. SO HE IS GOING TO BE OUT OF MY PROPERTY WITHIN, UH, THREE DAYS TO FIVE DAYS.

I HAVE A CONTRACT IN PLACE WITH LEASE TOWING.

THEY ARE JUST WAITING ON ME TO GIVE HIM THE LAST, UH UH, WORD, AND ALL THE PROPERTY WILL BE OUT.

I PROMISED MY, UH, BUYER THAT I WILL LEAVE HIM A CLEAN PROPERTY.

THAT PROPERTY WILL BE IN COMPLIANCE.

IT WILL BE CLEANED AS NEVER BEFORE.

SO BASICALLY, I DID EVERYTHING THAT I'M SUPPOSED TO DO.

AND RIGHT NOW, THE PROPERTY IS GETTING BETTER AND BETTER.

I HAVE PICTURES IF YOU WANT TO SEE THEM.

[00:10:02]

UH, NO, I DON'T I DON'T REALLY NEED TO SEE ANY PICTURES BECAUSE THE, THE BASIC ISSUES THAT WERE CITED APPEAR TO BE, YEAH, YOU KNOW, CARE OF THEM.

RIGHT. THE ILLEGAL HOOKUP AND THE PARKING PLACES AND YEAH, JUST THE GENERAL CONDITION OF THE PROPERTY.

AND THE CITY SAYS IT'S IN COMPLIANCE NOW, I YEAH, I TOOK CARE OF IT IMMEDIATELY.

UH, THERE WAS SOMETHING MORE THAT I WOULD LIKE TO ADD TO WHAT I WAS TELLING YOU ABOUT.

ANYWAY, I WILL REMEMBER A LOT OF GOING THROUGH MY MIND.

UH, IF IT COMES TO MY MIND, I WILL SAY IT, BUT IT WAS SOMETHING IMPORTANT.

I'M SURE IT WILL COME.

OKAY. YEAH.

AND WHAT IS IT YOU'RE ASKING ME TO DO? UH HUH. HERE WE GO.

THIS WAS, UH.

I READ THAT LIST THAT HE HAD WITH THE PREVIOUS, UH, OWNER.

WHEN I BOUGHT THE PROPERTY.

I BOUGHT THE PROPERTY WITH THE INTENTION THAT I WILL CONSTRUCT A NEW BUILDING ON IT AND MAKE IT A NICE DEALERSHIP AND AUTO REPAIR AND THIS AND THAT.

BUT, UH, CIRCUMSTANCES CHANGE.

AND, OF COURSE, MY PLANS CHANGED, AND I DECIDED TO SELL THE PROPERTY.

AND, UH, WHAT I DID IS I SOLD THE PROPERTY, BUT THEN I BOUGHT ANOTHER PROPERTY IN PALM BAY.

THE CLOSING IS ON THE SAME DATE OF FIFTH, RIGHT HERE ON PALM BAY ROAD.

I WILL BE IN PALM BAY.

I MEAN, I WILL BE HERE.

UH, WHAT I WANTED TO SAY IS THAT, UH, ACCORDING TO THE LEASE AND, UH, IN ITS NATURE, A TENANT IS RESPONSIBLE TO TAKE CARE OF THE PROPERTY, PAY THE BILLS, WATER, SEWER, MANAGE THE PROPERTY, CLEAN THE PROPERTY, AND SO ON AND SO ON AND SO ON.

LET ME LET ME STOP YOU HERE.

UH, FROM, FROM FROM THE PERSPECTIVE THAT I'M OPERATING UNDER, UM, I DON'T CARE ABOUT YOUR LEASE.

NO, NO. ALL I'M HERE TO CONSIDER IS, IS YOUR REQUEST TO REDUCE THE LIEN.

I WILL COME TO THE POINT. AND I ASKED YOU, WHAT IS IT YOU WANT ME TO DO? I'M GOING TO SAY, OKAY, WHAT? I'M SAYING THAT I AM NOT RESPONSIBLE.

I AM NOT THE RESPONSIBLE PARTY AS THE PROPERTY OWNER FOR FOR THESE, UH, VIOLATIONS OF FLORIDA LAW.

YOU ARE OKAY.

YOUR HONOR, I DON'T DISAGREE WITH YOU, BUT HERE IS THE.

IF YOU DO AN EMPATHY AND YOU PUT YOURSELF IN MY IN MY.

I UNDERSTAND. I'M JUST I'M JUST LETTING YOU KNOW THAT UNDER FLORIDA LAW, BOTH THE LANDLORD AND THE TENANT ARE RESPONSIBLE FOR CODE VIOLATIONS.

I'M JUST TELLING YOU THAT THAT IS OKAY.

I COMPLETELY AGREE WITH YOU ON ON THAT CASE.

BUT SEE, THE MINIMUM THAT HE WAS SUPPOSED TO DO IS, UH, CORRECT THE PROBLEMS, BUT BUT AGAIN, WHAT I'M TRYING TO GET YOU TO FOCUS ON IS I DON'T KNOW WHAT YOU WANT ME TO DO.

I, IN RESPECT TO YOUR POSITION, I WILL SAY I WANT YOU TO REDUCE THE FINE TO THE MINIMUM POSSIBLE LEVEL BECAUSE I AM NOT PERSONALLY, UH, GUILTY OF WHAT HE DID OF THE VIOLATIONS AND CRIMES HE COMMITTED.

AND ON TOP OF THAT, I PROVED THAT I'VE DONE EVERYTHING THAT IS SUPPOSED TO BE DONE IMMEDIATELY.

SO THAT PROVES THAT I AM A RESPONSIBLE CITIZEN.

AND, UH, I DESERVE THE THE MINIMUM, UH, TO PAY THE MINIMUM.

FINE. IT IS JUST A COMMENT THAT I'M GOING TO SAY.

I'M GOING TO GO AFTER HIM TO RECOVER ALL THESE, UH, EXPENSES, ALL THE ALL THE TROUBLE.

I UNDERSTAND WHAT'S GOING ON BETWEEN YOU AND THE TENANT.

I JUST WANT TO KNOW WHAT YOUR WHAT YOUR POSITION WAS AS BETWEEN YOU AND THE CITY.

THAT'S ALL I AM ASKING, YOUR HONOR, TO REDUCE THE FINE TO THE HARDCORE.

TO THE MINIMUM POSSIBLE LEVEL.

OKAY. AND WHAT'S THE CITY'S RESPONSE? VALERIE PARSONS, CODE COMPLIANCE MANAGER THE CITY DOES NOT HAVE AN OBJECTION TO THE REDUCTION OF THE LIEN AND IS ASKING FOR THE $750 ADMINISTRATIVE FEES ONLY DUE TO THE PROPERTY OWNER HAS, IN THE MATTER OF A WEEK SINCE HE WAS HERE, HAS CLEANED UP THE PROPERTY, AND HE ALSO PAID ALL THE FIRE INSPECTION FEES.

THAT, ALTHOUGH WAS NOT TIED TO THIS CASE, WAS AN ADDITIONAL CASE THAT HE WENT AHEAD AND PAID AND COMPLIED THAT CASE, AND HE TOOK CARE OF THE ILLEGAL HOOKUP AS WELL.

THANK YOU. YOU HAVE ANY OBJECTION TO THAT? NO. OKAY. NO, SIR, I APPRECIATE IT.

OKAY. SO BASICALLY WHAT HAPPENS IS, IS I'M GOING TO SIGN AN ORDER REDUCING THE THE AMOUNT OF THE LIEN.

AND IN THIS CASE IT'S $750.

NORMALLY THERE'S A PROVISION IN THE ORDER THAT SAYS IT HAS TO BE PAID WITHIN 30 DAYS.

DO YOU HAVE A PROBLEM WITH THAT? I WILL PAY IT TODAY, SIR.

WELL, THAT'S BETWEEN YOU AND THEM.

I'M JUST SAYING THAT.

YEAH. OKAY. I HAVE ONLY ONE REQUEST.

I DON'T KNOW IF I CAN BRING THIS REQUEST HERE.

I. AS SOON AS WE ARE OUT OF THE ROOM, I WILL GO PAY THAT IMMEDIATELY.

UH, AND I AM REQUESTING.

CAN I GET A HOLD OF MY TITLE ASAP IF WE CAN SPEED UP THE PROCESS.

IS THAT POSSIBLE? I WILL PAY IMMEDIATELY THE FINE.

WELL, THEY'RE GOING TO WANT THE ORDER FROM ME.

THAT'S WHAT THEY'RE GOING. YES. YOUR HONOR, THE REASON IS THAT THE TITLE COMPANY IS DOING.

I DO CLOSINGS AND PRIVATE PRACTICE.

I KNOW EXACTLY WHAT THEY'RE LOOKING FOR.

OKAY. OKAY.

[00:15:02]

AND I WOULD I WILL PROVIDE YOU WITH ONE OBSERVATION, BECAUSE YOU'RE NOT THE FIRST.

AND I'M SURE YOU'RE NOT GOING TO BE THE LAST.

YOU CLAIM THAT YOU DID NOT GET COPIES OF THE NOTICE BEFORE THE CODE ENFORCEMENT BOARD THAT PRECIPITATED THESE LIENS.

THE REASON WHY YOU DIDN'T GET IT, APPARENTLY, IS BECAUSE YOU HAVE THE MAILING ADDRESS FOR YOUR PROPERTY TO BE THAT PROPERTY SITE AND NOT WHERE YOU RESIDE.

THAT IS RIGHT. SO THE CITY IS ONLY THE CITY, OR ANY OTHER LOCAL GOVERNMENT IN FLORIDA IS ONLY OBLIGATED TO PROVIDE NOTICE TO THE ADDRESS THAT'S MAINTAINED WITH THE PROPERTY APPRAISER. SO IF YOU WANT YOUR NOTICES TO GET TO YOU SO YOU ACTUALLY HAVE NOTICE OF SOMETHING, THEN YOU SHOULD PUT IT AT THE ADDRESS, KNOW THAT YOU'RE GOING TO GET IT AT.

THAT'S JUST AN OBSERVATION.

I COMPLETELY AGREE WITH YOU.

AND I GOT MY LESSON WITH THAT.

THAT WILL NEVER HAPPEN AGAIN OKAY.

NEVER AGAIN. JUST WANTED TO LET YOU KNOW I WILL TAKE CARE OF THAT IN THE FUTURE.

THEN WE'LL HAVE AN ORDER ENTERED TO THAT EFFECT.

THANK YOU, YOUR HONOR. AND.

AND WE'RE DONE. THANK YOU SO MUCH.

YES, SIR. THANK YOU, THANK YOU.

UH, JUST GUIDE ME WHERE I GO, HOW I PAY ANY RECEIPTS.

COME TO THE OFFICE. THANK YOU SO MUCH.

THANK YOU. GREAT.

[ADOPTION OF MINUTES ]

AND I'VE SIGNED THE MINUTES FROM THE LAST MEETING, AND THERE'LL BE NO OTHER BUSINESS BEFORE THE MAGISTRATE TODAY.

THE MEETING'S ADJOURNED AT 1:17 P.M..

* This transcript was compiled from uncorrected Closed Captioning.