[00:00:02]
I LIKE TO CALL TO ORDER THE SPECIAL MAGISTRATE HEARING FOR MARCH 20TH, 2024.
[CALL TO ORDER]
IT'S JUST AFTER 1:00.THE GENERAL PROCEDURE IS, IS THAT THE APPLICANT WILL COME FORWARD TO THE MICROPHONE.
AND SINCE IT'S YOUR APPLICATION TO PRESENT THE FACTS TO JUSTIFY OR YOUR ATTEMPT TO JUSTIFY THE REDUCTION IN THE LIEN, THE CITY WILL THEN HAVE THE OPPORTUNITY TO RESPOND AND PROVIDE ITS SIDE, AND THEN THE APPLICANT HAS AN OPPORTUNITY TO RESPOND TO WHAT THE CITY PRESENTED.
AND THAT'S JUST THE GENERAL PROCEDURE.
AND THE CLERK WILL SWEAR IN, SINCE YOU'RE THE ONLY ONE IN THE AUDIENCE, JUST YOU.
[SWEARING IN]
WELL, ACTUALLY, THE CITY OF PALM BAY IS REPRESENTED AS WELL.BUT IF YOU COULD PLEASE STAND AND RAISE YOUR RIGHT HAND.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. YOU MAY BE SEATED.
MR. BEETLE, ARE YOU READY? YES. OUR FIRST CASE TO BE HEARD TODAY IS CV 20652-20 AT 971 GULFPORT ROAD SOUTHEAST.
[PETITION FOR RELIEF]
I WASN'T THE PROPERTY MANAGER AT THE TIME.SO I CAN IDENTIFY YOURSELF IN YOUR ADDRESS, PLEASE.
MY NAME IS SARAH ELIZABETH COOPER VENUSTI.
I LIVE AT 1773 BRUIN TERRACE, BUT I GO BY LIZ COOPER.
I'M A PROPERTY MANAGER WITH REMAX ELITE.
YOU OKAY? LIKE I SAID, I DID NOT MANAGE THE PROPERTY AT THE TIME THIS HAPPENED, SO I CAN ONLY TELL YOU WHAT THE OWNER HAS TOLD ME.
I GUESS THERE WAS A LAWN VIOLATION.
I DON'T KNOW HOW LONG IT WAS AT ALL DURING THAT TIME.
AND SHE SAID IF SHE RECEIVED IT, SHE SENT IT TO HER PROPERTY MANAGER.
BUT HER HUSBAND UNFORTUNATELY DID PASS AWAY LAST YEAR.
HE HAD PARKINSON'S, VERY ADVANCED PARKINSON'S WHEELCHAIR BOUND, EVERYTHING.
SHE WAS TAKING CARE OF HIM WHILE WORKING FULL TIME.
SHE DIDN'T EVEN KNOW THIS WAS HERE UNTIL WE PULLED A LIEN SEARCH.
BECAUSE SHE'S TRYING TO SELL ANOTHER HOUSE SO SHE CAN PAY FOR REPAIRS ON HER OTHER PROPERTIES.
SO THAT'S HOW SHE FOUND OUT THIS WAS HERE.
AND SHE'S ASKED FOR A REDUCTION SINCE.
AND WHAT'S THE CITY'S RESPONSE? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.
THE CITY HAS NO OBJECTION FOR THE REDUCTION OF THE LIEN.
AS LONG AS THE $750 ADMIN FEES ARE PAID, ALONG WITH SEEKING A 14% OF THE TOTAL LIEN COMES OUT TO $1,475 PLUS THE 750, FOR A TOTAL OF $2,225.
I ASSUME THE PROPERTY IS IN COMPLIANCE NOW FROM THE CITY'S PERSPECTIVE? YES. YES, WE HAVE PROFESSIONAL.
AND YOUR RESPONSE TO THE CITY'S POSITION? I AS WHATEVER'S FAIR.
I MEAN, I'VE NEVER DONE THIS BEFORE, SO I DON'T KNOW.
I'M SURE SHE'LL BE VERY HAPPY.
LIKE I SAID, SHE'S HAVING TO SELL A HOUSE SO SHE CAN PAY FOR REPAIRS.
SO SHE DOESN'T HAVE A LOT OF MONEY, SO SHE'D BE VERY HAPPY, I'M SURE.
OKAY. DO YOU HAVE AN ISSUE WITH SATISFYING IT WITHIN 30 DAYS? NO, NOT AT ALL. NO NO NO.
THEN THAT'S WHAT THE ORDER WILL SHOW.
YOU HAVE MY EMAIL ADDRESS. OKAY.
I'M TRYING TO HELP HER AS MUCH AS.
YES, MA'AM. ITEM NUMBER TWO ON THE AGENDA IS CB 2304422 AT 1158 MOON STREET SOUTHEAST.
WE'RE GOING TO TRY TO DO A PHONE CALL.
[00:05:31]
I WAS DISAPPOINTED.OKAY, WE'LL WE'LL WAIT AND COME ON IN.
YOU KNOW WHERE WE ARE. AND WERE THE FIRST ONE HAS BEEN THE FIRST RIDE IN THE FRONT OF THE MALABAR ROAD. YOU JUST COME BACK WITH THIS BUILDING ON THE LEFT FOR.
YEAH, BUT YOU HAVE TO COME IN FROM.
NOT JUST WANT AND ACTUALLY HAVE TO DRIVE TO THE.
ALL RIGHT. THANK YOU VERY MUCH, MR. WHITE. YOU'RE WELCOME.
YOU SHOULD BE IN HERE. TRY THE OTHER CONFERENCE.
I KNOW NUMBER THREE ON THE AGENDA IS CB 2301922 AND 2416423 AT 2107 ADVANCED STREET NORTHEAST. AND THIS ONE IS A REPAIR AGREEMENT AND A PHONE CONFERENCE.
IS HE THERE NOW, OR ARE WE WAITING FOR HIM? SURE. SO IT'S MR. GUTHRIE.
OKAY. MR. GUTHRIE, ARE YOU HERE? ANOTHER LINE TO BE SWORN IN.
I'M NOT SURE. ARE YOU AN ATTORNEY? OKAY. YOU'LL BE SWORN IN AS SPECIAL MAGISTRATE.
ARE YOU THERE, SIR? YES, I AM, SIR.
CAN YOU PLEASE RAISE YOUR RIGHT HAND? AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO, THANK YOU.
SIR. WHAT IS YOUR NAME? ANTHONY GUTHRIE. OKAY.
AND PROVIDE THE JUSTIFICATION FOR THE LEAN REDUCTION, AND THEN THE CITY WILL PROVIDE ITS RESPONSE.
AND THEN YOU, AS THE APPLICANT, HAVE AN OPPORTUNITY TO RESPOND TO WHAT THE CITY PRESENTS.
DO YOU UNDERSTAND THAT? YES I DO. OKAY.
NOW, I HAVE A QUESTION FROM A PROCEDURAL STANDPOINT.
I GUESS I NEED TO UNDERSTAND WHAT YOUR RELATIONSHIP IS TO THE APPLICANT.
THE APPLICANT IS KRISTA JACKSON, WHICH IS MY WIFE.
OKAY. AND WHAT? IT ALSO INDICATES THERE'S A DIRECT BUYER.
WHO'S THAT? YEAH, THAT THAT THAT'S OUR BEST THING AS WELL.
CORRECT. THAT'S WHAT THAT'S OUR BEST THING.
[00:10:03]
THAT'S OUR COMPANY OKAY.AND YOU'RE A PRINCIPAL IN THAT BUSINESS.
I AM NOT NO THAT IS MY THAT'S MY WIFE'S SOLE BUSINESS.
OKAY. WELL, WHAT I'M TRYING TO UNDERSTAND IS WHY YOU'RE SPEAKING INSTEAD OF YOUR WIFE, THEN.
YOU KNOW, LET ME, LET ME LET ME CLARIFY THIS.
I'VE BEEN DOING RENOVATIONS FOR ABOUT 25 YEARS.
I'M NOT I'M NOT WORRIED ABOUT THAT.
THE APPLICANT. THE APPLICANT IS YOUR WIFE AND OR AN ENTITY WHICH YOU INDICATED.
SHE IS THE ONLY PERSON THAT HAS AN INTEREST IN THAT ENTITY.
SO WHAT I'M TRYING TO UNDERSTAND IS WHAT AUTHORITY DO YOU HAVE TO REPRESENT THE ENTITY? THERE'S NOTHING IN THE. THERE'S NOTHING BEEN PROVIDED TO ME IN THIS FILE THAT AUTHORIZES ANYONE OTHER THAN YOUR WIFE TO SPEAK ON BEHALF OF DIRECT HOME BUYER ONE. WHO'S THE APPLICANT? YOU KNOW, ON A LEGAL STANDPOINT, I COMPLETELY UNDERSTAND.
I THINK THAT KRISTA WANTED ME TO SPEAK IN REFERENCE TO WHAT NEEDED TO BE DONE IN THE IN THE DESCRIPTION AS FAR AS LABOR MATERIALS AND THINGS OF THAT NATURE WITH, WITH THE PROPERTY FOR THE REPAIR AGREEMENT.
YES, SIR. I THINK THAT'S WHY SHE SHE ASKED ME TO SPEAK.
WELL, THEN CAN YOU PUT HER BACK ON TO.
YES, I CAN DISCUSS ABOUT BECAUSE SHE'S THE APPLICANT FOR THE REDUCTION.
AND IF I NEED TO HAVE YOU COME BACK ON TO TALK ABOUT THE REPAIR AGREEMENT, WE CAN EASILY DO THAT.
HOWEVER, I CAN DO TO HELP. I'LL HAND IT BACK TO KRISTA NOW.
OKAY. YOU'RE GOING TO GET SWORN IN.
CAN YOU PLEASE RAISE YOUR RIGHT HAND? AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES. OKAY.
I'LL EXPLAIN TO YOU, MISS GUTHRIE, IN CASE YOU DIDN'T HEAR ME SPEAKING TO YOUR HUSBAND, I DID.
OKAY. THEN I JUST NEED YOU TO PRESENT THE JUSTIFICATION FOR THE REDUCTION IN THE FINE.
FROM MY UNDERSTANDING, THE SIGN IS APPROXIMATELY 30,000.
ACTUALLY, THERE'S TWO SEPARATE ONES.
ONE OF THEM IS FOR $9,354.31, AND THE OTHER ONE IS FOR $33,117 AND 2020 $0.06. AND THIS IS FOR FOR MY UNDERSTANDING, AGAIN, I'M A BUYER COMING INTO THIS TRANSACTION, TRYING TO MEDIATE A FORECLOSURE SITUATION AND HELPING THE HOMEOWNER GET OUT OF THE PROPERTY AND CLEAN UP THIS MESS.
OKAY. SO COMING INTO THIS WITH AS MUCH INFORMATION AS I CAN, OTHER LIENS ATTACHED TO THE PROPERTY, INCLUDING HIS OWN PERSONAL ISSUES SOME MEMORANDUMS OF SOME AGENTS, AND OF COURSE, THE $40,000 FINE.
SO AS AN END BUYER COMING IN WITH THIS MUCH DEBT FINES, IT'S A IT'S A PRETTY MUCH MAKE OR BREAK OF WHETHER OR NOT I CAN MOVE FORWARD AND ACTUALLY RECTIFY THE WHOLE SITUATION WITH HIM LIVING THERE, GETTING THE REPAIRS DONE, GETTING THE BROUGHT BACK UP TO CODE, YOU KNOW, BACK ON THE MARKET FOR, YOU KNOW, AN END USER THAT'S GOING TO TAKE SOME PRIDE IN IT.
OR IF WE JUST HAVE TO WALK AWAY.
OKAY. DO YOU DO YOU UNDERSTAND WHAT THE TWO VIOLATIONS ARE FOR? FROM MY UNDERSTANDING, THERE WAS SOMETHING IN REGARDS TO THE ROOF AND SOMETHING IN REGARDS TO HIM LIVING THERE WITHOUT UTILITIES ON.
CORRECT. AND I THINK TO SEE SOMETHING IN HERE ABOUT A REVOCATION OF A CEO.
SO SO THAT'S WHAT I SEE, WHAT THE ISSUES ARE.
RIGHT. HE HAS NO MONEY TO MOVE.
SO I CAN'T GET HIM OUT OF THERE ANY SOONER.
AND AGAIN, I DIDN'T WANT TO CLOSE ON THIS.
OKAY. AND I'M JUST TRYING TO MAKE THIS RIGHT.
AND, YOU KNOW, OF COURSE WE WANT TO BRING IT UP TO CODE.
OKAY. LET ME ASK YOU TWO QUESTIONS.
AND IT MAY BE YOUR HUSBAND'S THE ONE THAT KNOWS THE ANSWER TO THESE, TO THIS QUESTION.
SAYS ROOF AND DRAINAGE SHALL BE MAINTAINED IN GOOD REPAIR.
DO WE HAVE ANY IDEA HOW MUCH THE ROOF REPAIR IS GOING TO COST? WE WERE ESTIMATING ABOUT 25,000.
[00:15:07]
VIOLATION, WHICH IS.THE SALE OF THE WATER SUPPLY SYSTEM OTHER THAN HOOKING IT BACK UP, OR ARE YOU AWARE OF ANY OTHER ISSUES? OH, YEAH. THERE'S A MAJOR FINE AND A FEE THAT NEEDS TO BE PAID.
OKAY. AS FAR AS THE UTILITY COMPANY.
NO, NO, NO, NO, I MEAN, I MEAN, I'M SORRY IF YOU.
I'M JUST TALKING ABOUT ARE YOU AWARE FROM A STRUCTURAL STANDPOINT, SO TO SPEAK, IF THERE'S ANYTHING ELSE THAT NEEDS TO BE DONE WITH THE WATER SUPPLY OTHER THAN HAVING IT HOOKED BACK UP AGAIN? IN OTHER WORDS, IS THERE DAMAGE TO THE WATER SUPPLY SYSTEM OR IS IT JUST NEED TO BE RE HOOKED UP AND PAY WHATEVER FINES ARE? THERE WASN'T ANY MAJOR DAMAGE.
IT WAS JUST MISCELLANEOUS REPAIRS LIKE OPEN TAPS AND DIFFERENT THINGS LIKE THAT.
OKAY. IT WAS JUST THERE WAS THERE WAS NOTHING THAT WAS THERE WAS NOTHING MAJOR.
ABOUT 300, AND I'LL SAY $3,300.
OKAY. AND WHAT'S THE CITY'S POSITION? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.
THE CITY HAS NO OBJECTION TO A REDUCTION OF THE LIEN.
WE'RE LOOKING BECAUSE THERE'S TWO CASES.
WE TYPICALLY CHARGE 750 PER CASE, BUT WE'RE GOING TO DROP IT TO ONE.
750, ALONG WITH A REDUCTION OF THE $33,117.26 DOWN TO $3,974. THE $9,354.31, WE'RE GOING TO DROP DOWN TO $1,403. THE TOTAL FOR THE TWO LIENS AND THE 750 ADMIN COMES OUT TO 6127.
OKAY. DID YOU MISS GUTHRIE, DID YOU HEAR THE CITY'S POSITION? THAT THEY WOULD DROP IT DOWN TO 6006 ONE $6,127 TOTAL FOR BOTH CASES.
I WILL LET YOU KNOW THAT NORMALLY, DEPENDING ON IT DOESN'T REALLY MATTER HOW MANY CASES THEY HAVE, THEY USUALLY THE CITY USUALLY TRIES TO RECOVER $750 FOR EACH CASE THEY HAVE TO TAKE THROUGH CODE ENFORCEMENT.
SO THEY INDICATED THEY'RE GOING TO DROP THAT FOR ONE OF THE CASES.
SO THERE'S ONLY GOING TO BE ONE $750 CHARGE.
IS IT 6100 PLUS THE SEVEN? NO, THAT'S. THAT'S THE TOTAL, RIGHT? 60 60 127 IS FOR EVERYTHING IN BOTH CASES.
OKAY. AND AND YOU HAVE TO EXECUTE THE REPAIR AGREEMENT.
AND WHAT IS THAT REPAIR AGREEMENT LOOK LIKE IN REGARDS TO TIME FRAMES AND INSPECTIONS? HAVE YOU NOT SEEN IT BEFORE? YOU KNOW, I THINK I'VE INDICATED THAT THEY FORWARDED A COPY OF IT TO YOU.
BASICALLY SAYING THAT YOU HAVE UNTIL JULY 21ST, WHICH IS WHAT YOU HAVE FOUR MONTHS BASICALLY.
TO BRING TO BRING THE HOUSE INTO COMPLIANCE AND YOU HAVE TO PAY THE FINE WITHIN 30 DAYS.
THANK YOU. IS THAT OKAY? YES. THANK YOU.
OH, IT'LL BE REDUCING THE LIENS AND COSTS IN BOTH CASES DOWN TO 6127.
AND IT'LL ALL BE PAID WITHIN 30 DAYS.
AND IT WILL ALSO SUBJECT, BE SUBJECT OR CONTINGENT UPON THE EXECUTION AND COMPLIANCE WITH THE REPAIR AGREEMENT AS PROVIDED IN ITS TERMS. AND JUST TO LET YOU KNOW IF EITHER OF THOSE DOES NOT HAPPEN, THE FINES THAT ARE CURRENTLY IN EFFECT WILL BE REINSTATED.
[00:20:02]
OKAY. ALL RIGHT.OUR NEXT CASE IS ITEM NUMBER TWO ON THE AGENDA.
IT'S CB 2304422 AT 1158 MOON STREET SOUTHEAST.
SIR, I DO NEED TO SWEAR YOU IN.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES I DO. THANK YOU. HELLO, SIR.
HOW ARE YOU DOING? MY NAME IS JAMES BEADLE.
YOU MAY HAVE HEARD WHAT I SAID TO HIM.
I CALLED A LITTLE BIT OF HOW THIS WORKS DURING THE PHONE CALL.
THE CITY HAS OUR OPPORTUNITY TO RESPOND AND THEN YOU CAN REPLY TO THAT AFTERWARD.
CAN YOU PLEASE IDENTIFY YOURSELF THEN? I'M CHRISTOPHER WHITE. OKAY.
AND YOUR ADDRESS? IT'S 1158 MOON STREET, PALM BAY, FLORIDA.
THE REASONING BEHIND THE FACT OF THEM STAYING THERE FOR SO LONG IS, HONESTLY, DUE TO A PERSONAL MATTER, A DIVORCE PROCEEDING WHERE I WAS NOT CURRENTLY LIVING AT THE HOUSE, I'D MOVED INTO A DIFFERENT HOME OF MINE OVER IN EAST PALM BAY.
SO NOW I'M JUST SEEKING TO GET THE FINES REDUCED TO TAKE CARE OF IT.
SO YOU WERE RENTING THIS HOUSE TO THE PEOPLE THAT WERE THERE? NO, THAT WAS MY MARITAL HOME.
AND WHEN MY DIVORCE PROCEEDINGS STARTED, I MOVED OUT TO MY OTHER HOUSE.
AND NOW I'VE RECLAIMED MY MARITAL HOME IN THE DIVORCE.
SO SINCE BEING BACK, I'VE CLEARED ANY VIOLATIONS.
OKAY. WHO IS? JEAN LOUISE LONEY AND JULIANNA.
THAT IS MY BROTHER IN LAW AND MY EX-WIFE.
WHEN YOU SAID YOU RECLAIMED IT, HOW DID YOU RECLAIM IT? WE PURCHASED IT OFF THEM.
PAID OFF THE MORTGAGE AND BOUGHT HER OUT OF IT.
WERE YOU STILL ON THE TITLE AT THE TIME THE VIOLATIONS OCCURRED OR NOT? IT'S KIND OF A WEIRD SITUATION.
I WAS NEVER ACTUALLY ON THE TITLE TO THE HOME.
NOW, AT THIS POINT THE HOME IS JUST BOUGHT CASH OUTRIGHT AND IT'S IN MY MOTHER'S NAME.
HOW LONG WERE YOU OUT OF THE HOUSE? PROBABLY ABOUT A YEAR.
SO WHAT EXACTLY DID ALL THAT START? I WOULD SAY PROBABLY AROUND FEBRUARY OF LAST YEAR IS WHEN I LEFT AND I JUST GOT THE HOUSE BACK, MAYBE LIKE TWO WEEKS AGO.
AND WHAT'S THE CITY'S POSITION? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.
THE CITY DOES NOT HAVE AN OBJECTION TO THE REDUCTION OF THE LIEN.
AS LONG AS THE APPLICANT IS WILLING TO PAY THE $750 ADMINISTRATIVE FEE, PLUS A PERCENTAGE OF THE $27,053 LIEN AMOUNT, WE'RE SEEKING $3,576 BACK, ALONG WITH THE 750, FOR A TOTAL OF $4,266.
[00:25:06]
OKAY.SO I DON'T SEE THE SHEET IN HERE THIS TIME.
HOW LONG WAS THIS? HOW LONG WAS THIS VIOLATION IN PLACE? MONTHS. HOW MANY? 20 MONTHS.
OKAY. AND THAT'S THE CITY'S POSITION, WHICH WHAT'S YOUR POSITION AND YOUR RESPONSE TO THEM? I MEAN, THAT'S DEFINITELY A GOOD DECREASE THERE.
AS LONG AS YOU DON'T HAVE ANY OBJECTION TO THEIR AMOUNT, I'M GOING TO REDUCE IT TO THAT.
I DON'T HAVE ANY ISSUE DOING 60 DAYS.
AS I INDICATED BEFORE, IF IT'S NOT PAID WITHIN THAT TIME, THE ORIGINAL LIEN GETS REINSTATED.
IF YOU HAVE ISSUES, YOU NEED TO GO CONTACT CODE ENFORCEMENT BEFORE IT COMES DUE.
YES, SIR. AND I'LL ENTER AN ORDER TO THAT EFFECT.
ALL RIGHT. PERFECT. THANK YOU SIR.
YES, SIR. HAVE A GOOD DAY, MR. BEADLE. WAS THAT 42? 66? I THINK IT'S 4366.
YOU SAID IT WAS 3576 PLUS 750, RIGHT? YES. YEAH, THAT'S JUST A QUESTION.
AM I GOING TO GET AN EMAIL COPY OF THE.
I'LL SEND AN ORDER TO THE CITY AND THEN THEY'LL FORWARD IT TO YOU.
AS LONG AS THEY HAVE YOUR EMAIL ADDRESS, THEY CAN FORWARD IT TO YOU BY EMAIL.
YES. THAT'S 20, SO THAT SHOULD BE 4326.
AND THEY'RE BEING. OH, WHEN I SIGNED THE MINUTES FROM THE LAST MEETING IN JANUARY.
[ADOPTION OF MINUTES]
AND THERE'LL BE NO FURTHER BUSINESS BEFORE ME.IT'S ADJOURNED AT 128.
* This transcript was compiled from uncorrected Closed Captioning.