[CALL TO ORDER]
[00:00:04]
WE'LL CALL THE MARCH 13TH, 2024 CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING TO ORDER.
[SWEARING IN]
IF I CAN GET EVERYBODY THAT WISHES TO SPEAK TO STAND UP FOR THE SWEARING IN, PLEASE.IF YOU COULD RAISE YOUR RIGHT HAND.
AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. MAY BE SEATED.
OKAY. NEXT IS ADOPTION OF THE MINUTES.
[ADOPTION OF MINUTES]
I REVIEWED THOSE BEFORE APPEARING TODAY, AND THEY LOOKED GOOD.SO THEY'VE BEEN APPROVED AND WE CAN MOVE ON TO REPORTS.
[REPORTS ]
WE HAVE OUR FIRST CASE ON THE AUTHORIZATION TO IMPOSE FINES REPORTS IS CB 2428523.THE CODE OFFICER IS SABRINA PERKINS.
SABRINA PERKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.
THIS CASE WAS STARTED BACK IN AUGUST OF 2023.
SO COULD YOU PLEASE STATE YOUR NAME AND WHERE YOU LIVE? YES, MY NAME IS TAMMY FLEMING, AND I LIVE AT 1894 GARCIA STREET, PALM BAY, OKAY.
32907. TELL ME ABOUT THE SITUATION HERE.
THE SITUATION IS WE PURCHASED A FIBERGLASS POOL.
AND IT WAS KIND OF USED FROM A POOL COMPANY AND WITH THE INTENTION OF HAVING THEM INSTALL IT.
SO THEY DELIVERED IT TO OUR SIDE YARD, WHICH I THINK IS WITHIN THE YOU KNOW, OUR PROPERTY LINE.
AND SO THE COMPANY, THE POOL COMPANY IS NOT ANSWERING OUR CALLS OR ANY ATTEMPTS TO WORK WITH THEM TO GET THE POOL IN THE GROUND. SO I THINK WE'VE HEARD FROM OTHER PEOPLE THAT THEY MAY BE GOING OUT OF BUSINESS.
SO IT'S A FIBERGLASS POOL INSTALLATION COMPANY AND THEY SELL THESE POOLS AS WELL.
SO IN THE MEANTIME, WE'VE DECIDED THAT WE'RE KIND OF GOING BACK AND FORTH LIKE, WE WE TRIED TO SELL IT BECAUSE WE WERE LIKE, MAYBE WE'LL JUST FORGET IT ALL BECAUSE IT'S TOO HARD. BUT WE DIDN'T WE WEREN'T ABLE TO SELL IT AS, AS OF YET.
AND THEN WE HAVE APPLIED FOR A HOME LIKE, POOL INSTALLATION PERMIT.
SO WE STARTED THAT APPLICATION PROCESS ON THE 30TH OF JANUARY, AND THERE'S A LOT OF STEPS TO THAT.
SO WE'RE WORKING ON A FEW OF THEM, WHICH WOULD BE WE ARE REACHING WE HAVE REACHED OUT TO THE BUILDER OF THE POOL TO GET THE ENGINEERING PLANS AND THINGS LIKE THAT.
AND THEN WE'RE WORKING WITH A COMPANY THAT IS GOING TO DIG THE HOLE AND STUFF LIKE THAT.
SO WE'RE WORKING ON ALL OF IT, BUT WE JUST NEED MORE TIME.
OKAY. SO, SO SO BASICALLY YOU YOU BOUGHT THIS POOL.
THE COMPANY DELIVERED IT, THEN THEY JUST SORT OF LEFT YOU HIGH AND DRY.
YEAH. AND NOW YOU'RE WORKING AS THE GC.
I GUESS YOU COULD SAY. YEAH. YEAH.
OKAY. AND IT'S COSTLY TO MOVE THE POOL.
SO IT'S $1,200 TO JUST MOVE IT.
WE HAVE AN EXCAVATOR LINED UP, AND WE HAVE A NAME OF SOMEONE THAT CAN HELP WITH THE ENGINEERING PLANS WE HAVE DRAWN OUT ON OUR PROPERTY.
SO ALL THE STEPS THAT HAVE TO BE TAKEN.
HAVE YOU BEEN GIVEN ANY SORT OF ESTIMATES AS TO HOW LONG IT'LL TAKE BEFORE THIS POOL WILL BE ABLE? YOU'LL BE ABLE TO MOVE IT INTO THE BACKYARD.
[00:05:01]
SO I DON'T KNOW IF THAT'S TOO LONG, BUT THE POOL WAS DELIVERED AUGUST IN AUGUST, SO IT'LL BE THIS AUGUST.IT'LL BE A YEAR THAT IT'S BEEN THERE.
SO DOES THE CITY HAVE ANY OBJECTION TO TO AN EXTENSION OF TWO MONTHS? THREE MONTHS? WE DON'T AS LONG AS AS LONG AS THE PERMITS GO THROUGH.
AND SHE'S CONTINUING WORKING ON IT AND KEEP IN TOUCH WITH ME.
THEN I DON'T HAVE ANY PROBLEM EITHER.
IT SOUNDS LIKE. IT SOUNDS LIKE YOU'RE DOING WHAT YOU CAN TO WORK THE PROBLEM.
YEAH. SO I WILL GIVE YOU THE THREE MONTH EXTENSION.
BUT IT SOUNDS LIKE IT SOUNDS LIKE THREE MONTHS.
FOR THIS TIME, YOU SHOULD DO THE TRICK.
SO I WILL I WILL SET YOUR COMPLIANCE DATE AS JUNE 11TH, 2024.
AND THIS IS JUST ONE VIOLATION, CORRECT? CORRECT. OKAY. YEAH.
YEAH. THANK YOU VERY MUCH. NO PROBLEM.
THANK YOU. OUR NEXT CASE YOU HEARD IS CB 2448024.
AND THE CODE OFFICER IS PHILIP CLENDENIN.
PHIL CLENDENON, CODE ENFORCEMENT OFFICER FOR THE CITY OF PALM BAY.
THE VIOLATION STILL EXISTS, WHICH IS SECTION 150.40, SUBSECTION A.
FAILURE TO SUBSCRIBE TO AND PAY FOR SOLID WASTE COLLECTION SERVICE.
I GUESS THEY'RE ASKING FOR AN EXTENSION.
OKAY. WHICH ONE IS IT? IT'S THE ONE. PAMELA.
KIM. I JUST HAVE TO GET WITH THE RESIDENT TO SIGN IT UP.
SO MAYBE 30 DAYS IF I DON'T EVEN TAKE THAT LONG.
OKAY. HOW LONG HAS THIS BEEN ON THE BOOKS HERE? OVER A YEAR. OKAY.
I DON'T KNOW ABOUT AN EXTENSION ON THIS ONE.
I'VE. USUALLY USUALLY I'M PRETTY OPEN TO GIVING YOU THE EXTENSIONS YOU ASK FOR, BUT, I MEAN, IF THIS HAS BEEN ON, THIS HAS BEEN ON THE BOOKS FOR A YEAR, AND, I MEAN, IT'S JUST A IT'S JUST A $200 FINE.
IT'S NOT AN ONGOING ONGOING IS IT A FLAT RATE? YEAH, IT'S A $200 SET.
FINE. YEAH. SO, I MEAN, IT WOULD BE IMPOSED ON THE RESIDENT.
I TRIED TO TALK TO THE WATER SERVICES BECAUSE I THINK WE TALKED ABOUT THIS.
I'M NOT SURE WHY THEY'RE LEAVING THAT OFFICE WITHOUT FULFILLING IT.
YOU KNOW WHAT I MEAN? BECAUSE THEN IT'S HARDER TO CATCH IT AFTER.
BUT IF IT'S BEEN ON THE BOOKS FOR A YEAR.
NO, NO, NO. YOU'RE GOOD. THANK YOU.
OUR NEXT ONE IS CB 2429123 AT 1020 LABELLE AVENUE SOUTHWEST, AND THE CODE OFFICER IS LISA WEGLEIN.
CUT OFFS. RELEASE CITY OF PALM BAY.
THE VIOLATIONS ON THE PROPERTY STILL EXIST.
OKAY. DOES THE CITY HAVE ANY OBJECTION? NO. WHAT KIND OF EXTENSION WAS HE LOOKING FOR? 30 DAYS. 30 DAYS? OKAY THEN WE WILL GIVE A 30 DAY EXTENSION AND THEN $50 A DAY FOR EVERY DAY AFTER APRIL 12TH, 2024, THAT THE PROPERTY IS NOT IN COMPLIANCE.
[00:10:02]
OKAY. WE HAVE TWO CASES THAT CAME INTO VOLUNTARY COMPLIANCE ON THE AUTHORIZATION TO IMPOSE FINE LIST.THEY ARE CEB 2446624 AT 2161 SANFILIPPO DRIVE SOUTHEAST AND 2435723 AT 140 NORGROVE STREET SOUTHEAST.
THE CITY IS REQUESTING THE CODE ENFORCEMENT SPECIAL MAGISTRATE, FIND ALL RESPONDENTS IN CASES LISTED AND THE AUTHORIZATION TO IMPOSE FINES REPORT UNLESS PREVIOUSLY HEARD IN NONCOMPLIANCE FOR THE PERIOD STATED IN THE REPORT AND IMPOSE THE FINES AS LISTED ON THE REPORT.
I FIND ALL THE RESPONDENTS CASES LISTED IN THE AUTHORIZATION TO IMPOSE FINES REPORT IN NON COMPLIANCE FOR THE PERIOD STATED ON THE REPORT AND IMPOSE THE FINES AS LISTED ON THE REPORT DATED MARCH 13TH, 2024.
[OLD BUSINESS ]
OH. OLD BUSINESS.AT 745 HAFEZ STREET NORTHEAST HAS COME INTO COMPLIANCE AND BEEN CLOSED OUT BY THE CITY.
[HEARINGS ]
OUR FIRST CASE UNDER HEARINGS IS SEP 2469124 AT 1296 SEVENTH STREET SOUTHEAST.AND A COURT OFFICER IS PHILIP CLENDENON.
PHIL CLENDENIN. CODE ENFORCEMENT OFFICER WITH THE CITY OF PALM BAY.
IT IS A. IT'S THE SEPTIC TANK.
I FORGOT TO PUT IT IN HERE, BUT THE SEPTIC TANK, THE DRAIN FILL WAS LEAKING.
SO I HAVE BEEN IN TOUCH WITH THE OWNER.
WE DO HAVE THE PROPERTY MANAGER HERE WITH US TODAY, BUT SHE IS ASKING FOR A 60 DAY EXTENSION.
SHE SENT IT TO ME THIS MORNING.
SHE HAS PAID A $2,000 DEPOSIT.
SHE'S WAITING ON PERMITS AND THE WORK TO BE STARTED.
SO. SO I DON'T SEE AN ISSUE WITH IT, BUT.
OKAY. SO WE WILL SET COMPLIANCE DATE AS MAY 12TH, 2024.
AND THEN THIS IS A PER DAY FINE, RIGHT? CORRECT. AND IT'LL BE $50 A DAY FOR EVERY DAY AFTER THAT, THAT THE PROPERTY IS NOT IN COMPLIANCE.
OUR NEXT CASE TO BE HEARD IS 2465724 AT 881 CAYUGA AVENUE NORTHEAST.
THE CODE OFFICER IS VALERIE ZINS, AND THIS IS A FIRE CASE.
VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.
THIS IS A VIOLATION OF A FIRE INSPECTION FEE THAT IS LATE AND HAS NOT BEEN PAID.
AND I BELIEVE THE RESPONDENT IS HERE.
SO THIS ONE, IF WE COULD PAY IT IN 30 DAYS.
YEAH. 55. IS THERE A WAY TO DO IT? YEAH, I COULD TAKE.
I COULD TAKE CARE OF IT TODAY.
YOU CAN TAKE CARE OF IT TODAY.
GIVE ME BY FRIDAY. BUT IF I COULD DO IT ONLINE, I'LL DO IT TODAY.
WE'LL SET COMPLIANCE DATE FOR MARCH 20TH, 2024.
AND THEN THE FINAL ACCRUE AFTER THAT IS A SET FINE OR A DAILY FINE SET FINE, $200.
OUR NEXT CASE IS CB 2462124 AT 1499 OPERETTA AVENUE SOUTHEAST.
[00:15:04]
THE CODE OFFICER IS LISA WEGMAN.CUT OFFS. RELEASE. SWEAT GLANDS.
CITY OF PALM BAY. VIOLATION OF THE PROPERTY IS RECREATIONAL VEHICLE.
THEY HAVE A TRAILER IN THEIR DRIVEWAY.
BUT IT BROKE, SO THEY NEED A PIECE TO GET IT FIXED, TO MOVE IT BEHIND THE FENCE.
THEY JUST NEED AN EXTENSION LIKE THREE WEEKS.
I'M GONNA MAKE ME DO MATH IN PUBLIC.
SO THEY SAID THEY'VE GOT THE PART ORDERED AND ALL THAT ALREADY.
OKAY. DOES THE CITY HAVE ANY OBJECTIONS? NO. OKAY, THEN WE'LL SET THE COMPLIANCE DATE FOR APRIL 12TH, 2024.
FOR EVERY DAY. THE PROPERTY IS NOT IN COMPLIANCE.
NO. NEXT CASE WE HEARD IS CB 2461224 AT 174 EMERSON DRIVE NORTHWEST.
THE CODE OFFICER IS ANJELICA SNEED.
ANGELICA SNEED, CODE COMPLIANCE OFFICER, CITY OF PALM BAY.
THE VIOLATION THAT EXISTS ARE STILL THE SAME.
STATEMENT OF VIOLATION WAS SENT OUT.
CERTIFIED MAIL WAS DELIVERED JANUARY 26TH.
AND I HAVE HERE A LETTER FROM THE RESPONDENT THAT SHE WANTED ME TO PRESENT TO YOU.
OKAY. SHE'S ASKING FOR A 30 DAY EXTENSION, SO TO GET THE PERMIT NEEDED FOR THE CARPORT OR TEAR IT DOWN.
OKAY. HAS SHE SAID ANYTHING TO YOU ABOUT HAVING ACTUALLY HIRED ANY CONTRACTORS? YEAH, THEY DID SUBMIT THE SURVEY TO THE BUILDING DEPARTMENT.
IT SEEMS LIKE IT'S WITHIN THE EASEMENT.
SO SHE'S POSSIBLY NOT GOING TO BE ABLE TO GET A PERMIT.
SO HER OTHER OPTION IS TO TEAR IT DOWN OR GET A VARIANCE.
SO SHE CAME IN YESTERDAY, HANDED THIS IN TO TO HAVE YOU LOOK IT OVER.
OKAY, SO BASICALLY THEY JUST BUILT THIS THING AND DIDN'T GET THE PROPER PERMITS AND ALL THAT.
ALL RIGHT. THE CITY HAVE ANY OBJECTIONS TO THE 30 DAY EXTENSION? NO. OKAY.
SO WE'LL SET THE COMPLIANCE DATE FOR APRIL 12TH, 2024.
AND THEN IT'LL BE $50 A DAY FOR EVERY DAY THAT THE VIOLATIONS ARE STILL ON THE PROPERTY.
IT LOOKS LIKE THEY'VE GOT TWO OF THEM AT THIS TIME, SO.
WE DO HAVE SEVERAL CASES THAT HAVE COME INTO VOLUNTARY COMPLIANCE.
THOSE CASES ARE CV 2464324 AT 1323 WHALING AVENUE SOUTHEAST.
2464924 AT 1465 CLAREMONT STREET NORTHEAST.
OH SORRY. CEB 2465424 AT 1240 CLAREMONT STREET NORTHEAST.
CV 2465924 AT 2775 FRANCIS STREET NORTHEAST.
2466024. AT 2174 HARRIS AVENUE NORTHEAST CB 2467624 AT 678 WHITE CLOUD STREET, SOUTHWEST 2467824 AT 478 LAMPKIN STREET, SOUTHWEST.
CV 2468424 AT 1390 ZANZIBAR ROAD SOUTHEAST.
CV 2468624 AT 2695 RAVEN AVENUE SOUTHEAST.
CV 2461724 AT 781 GARVEY ROAD, SOUTHWEST.
CV 2461624 AT 1299 LANDING ROAD SOUTHWEST AND CV
[00:20:04]
2463624 AT 450 ALAMEDA AVENUE SOUTHEAST.THE FOLLOWING CASES ON THE PER DAY.
FINE AGENDA ITEMS ONE THROUGH 30 AND ITEM NUMBER ONE ON THE AGENDA WILL BE HEARD ON CONSENT UNLESS PREVIOUSLY HEARD WITHOUT FURTHER TESTIMONY IN THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
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 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.
TO BRING THEIR PROPERTIES INTO COMPLIANCE, THE CITY IS AUTHORIZED TO IMPOSE A FINE OF $50 PER DAY FOR EACH AND EVERY VIOLATION THAT CONTINUES PAST THE DATE OF COMPLIANCE, WITH THE EXCEPTION OF THE THE ITEM ON THE PER DAY FINE WHICH WILL BE OR I'M SORRY, THE SET FINE, WHICH WILL BE A TWO STEP FINE.
IT'S ACTUALLY GOING TO BE A PER DAY FINE AS WELL.
IT'S JUST ON THE SET FINE AGENDA LIST THINKING THAT IT WAS A NUISANCE VEGETATION CASE.
BUT IT'S NOT. IT'S ACTUALLY AN IMPROVED PROPERTY.
OKAY THEN ALL OF THE PROPERTIES LISTED WILL BE WILL BE $50 PER DAY.
THANK YOU. THE FOLLOWING CASES ON THE SET.
FIND AGENDA ITEMS. HOLD ON. TWO THROUGH 24 WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY.
IN THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
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 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 OR SET FINE IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE. THE CITY ALSO REQUESTS THAT 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 MARCH 23RD, 2024, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER, TO BRING THE 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 SET FOR AGENDA ITEMS 25 THROUGH 66 WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY IN THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
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 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 IMPOSE A FLAT FINE OF $200.
IF THE RESPONDENTS FAIL TO COME IN COMPLIANCE BY THE COMPLIANCE DATE.
THE RESPONDENTS IN THE CASES LISTED HAVE UNTIL MARCH 23RD, 2024, 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.
IS THAT IT? ANY OTHER BUSINESS? OKAY. WE WILL ADJOURN THIS MEETING AT 133.
THE NEXT THE NEXT MEETING WILL BE APRIL 10TH, 2024.
* This transcript was compiled from uncorrected Closed Captioning.