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LIKE TO CALL THE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARINGS JULY 17 2019 TO ORDER
[CALL TO ORDER:]
APPROXIMATELY 1:05 P.M.. MY NAME IS JAMES BEADLE. I'M THE PERSON WHO WAS APPOINTED BY THE CITY OF PALM BAY TO HEAR CODE LIEN REDUCTION REQUESTS THE GENERAL PROCEDURE IS YOU'LL BE SWORN IN BY THE CLERK AND WILL COME UP AND TESTIFY WHEN YOUR CASE IS CALLED AND PRESENT THE BASIS FOR YOUR REQUEST FOR THE REDUCTION IN THE LIEN. THE CITY WILL THEN RESPOND AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND AFTER THAT AND THERE ARE CERTAIN CRITERIA THAT I'M OBLIGATED TO CONSIDER WHEN CONSIDERING YOUR REQUEST. AND THAT WOULD BE THE BASIS OF ANY REDUCTION. WITH THAT I'LL TURN IT[SWEARING IN:]
OVER TO THE CLERK. PLEASE STAND AND RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH NOTHING BUT THE TRUTH SO HELP YOU GOD. THANK YOU. YOU MAY BE SEATED. FIRST CASE TO BE HEARD IS CEB 9 3 4 2 - 0 4 9 9 6 STAGE ST SE. ANGELICA[PETITION FOR RELIEF:]
MARTINEZ, CODE OFFICER. THAT'S MY ADDRESS. YES. PLEASE IDENTIFY YOURSELF. MY NAME IS PAUL HAMLIN. I DO LIVE AT 9 9 6 STATE STREET SE PALM BAY WITH MY WIFE SUZY. WELL THE ONLY CASE WE GOT IS WE'RE LOOKING AT 15 YEARS OF NOT KNOWING WHERE WE'RE AT WHERE WE'RE GOING. I JUST THINK I'VE GOT A THING IN THE MAIL A COUPLE WEEKS BACK AND I THINK THAT PERIOD OF TIME. NOT ONLY THAT I FILED BANKRUPTCY. I'VE HAD FOUR HEART ATTACKS.LAST ONE WAS FROM 2000. THEN I HAD ANOTHER ONE THERE LAST YEAR IN BETWEEN AND I THINK WE NEED TO GET THIS STRAIGHTENED OUT SOMEWHERE IN THE MIDDLE WHERE WE'RE AT BEFORE SOMETHING DOES HAPPEN TO ME AND I HAD TO LEAVE THAT TO MY WIFE AND FAMILY.
SO WHAT I THINK YOU KNOW A GOOD REDUCTION IS DEFINITELY IN IN MIND. AFTER 15 YEARS TO BEGIN WITH YOU KNOW JUST FINDING OUT WHERE WE'RE LOOKING AT X AMOUNT OF DOLLARS ANYWAYS. ARE YOU FAMILIAR WITH THE VIOLATION? I VAGUELY REMEMBER BUT WE'RE PRETTY CLOSE. YEAH. THERE WAS A COMMERCIAL VEHICLE PARKED IN A RESIDENTIAL AREA. THAT NO THAT THAT WAS A PICKUP TRUCK. IF I REMEMBER A F250 I HAVE NO IDEA.
WELL I AGREE WITH YOU. YEAH I'M TRYING TO CARRY ON A CONVERSATION. I'M JUST READING TO YOU FROM WHAT'S IN THE ORDER THAT WAS ENTERED BY THE CODE ENFORCEMENT BOARD IT SAID A DUMP TRUCK. THAT'S ALL I'M RELATING TO YOU IS WHAT'S IN THE PAPERWORK. OKAY. I CAN'T I CAN'T REFUTE WHAT'S HERE. I AGREE WITH YOU. IS THE VIOLATION GONE? I AGREE WITH YOU. IS THE VIOLATION NO LONGER THERE. NO DEFINITELY NO SIR. NO. IT'S BEEN A LONG LONG TIME. WHAT'S THE CITY'S POSITION REGARDING THIS. THE PROPERTY HAS BEEN INSPECTED THERE'S CURRENTLY NO CODE VIOLATIONS AND THE CITY'S SEEKING FINES ACCRUED OF ANY INDEPENDENT RECOLLECTION AS TO WHEN YOU MOVE THAT VEHICLE THAT WAS FOUND IN VIOLATION. MY MEMORY IS NOT THE BEST I CAN SAY IF I HAD FOUR HEART ATTACKS SINCE 2000 I COULDN'T TELL YOU WHAT I DID LAST WEEK TO BE HONEST WITH YOU. IT'S BEEN LONG IT'S
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BEEN LONG GONE I FILED BANKRUPTCY IN 2006 WITH [INAUDIBLE] SO IT'S BEEN IT'S BEEN MANY MOONS.MS. MARTINEZ. IS THERE ANYTHING IN YOUR RECORDS THAT REFLECT WHEN THE VEHICLE WAS ACTUALLY REMOVED. THE VEHICLE WAS BROUGHT INTO COMPLIANCE AND IT WAS REMOVED. I HAVE HERE. MAY 3RD OF 2004 2004. YEAH. IT SAYS 2004.
ACTUALLY IT'S MAY 3RD OF 2005 MAY 3RD 2005. THAT'S WHAT IT IS. HOW MANY INSPECTIONS WERE THERE. THREE. DOES IT REFLECT WHEN THOSE INSPECTIONS WERE MADE. NO I DON'T I DO NOT HAVE THAT.
I'M GOING TO ENTER AN ORDER REDUCING THE FINE.
IF NOTHING ELSE THE FINES ARE GREATER THAN THE VALUE OF THE PROPERTY. THAT'S ONE FINDING. THE NATURE OF THE VIOLATION COMMERCIAL VEHICLE IN A RESIDENTIAL AREA.
UNFORTUNATLEY, I DON'T HAVE ANY IDEA WHEN THAT VEHICLE WAS ACTUALLY REMOVED. HOWEVER BASED UPON THE NATURE OF THE VIOLATION AND THE FACT THAT IT'S APPARENTLY BEEN IN COMPLIANCE FOR AN EXCESS OF 14 YEARS. UNFORTUNATELY SIR PROBABLY YOU SHOULD HAVE COME TO THE CITY TO LET THEM KNOW THAT IT WAS IN COMPLIANCE. SO I'M JUST LETTING YOU KNOW. I'M GOING TO REDUCE THE FINE TO A THOUSAND DOLLARS. WHEN DO YOU THINK YOU'LL BE ABLE TO PAY THAT? TODAY. I THINK THAT'S A LITTLE EXTREME BUT THAT'S ME. TO BE HONEST WITH YOU AND FRANK WITH YOU. I UNDERSTAND. BECAUSE IT'S IT'S IT'S BEEN A LONG LONG TIME AND WE SHOULD'VE BROUGHT THIS UP YEARS AGO. THEN IT WOULD HAVE BEEN PROBABLY A LOT DIFFERENT BY THEN. BUT IF YOU SUGGEST A THOUSAND I'LL PAY A THOUSAND TODAY JUST TO BE DONE WITH IT. THAT'S WHAT THE FINDING IS. LET'S DO IT TODAY. THAT'LL BE FINE. THANK YOU. WHO DO I NEED TO SEE ABOUT THAT OVER HERE. IT'LL BE AFTER THE MEETING IN THEIR OFFICE OUT THERE. OKAY. THE DATE WOULD BE 30 DAYS? I'M JUST GONNA PUT WITHIN 30 DAYS IN THE ORDER. THANK YOU SIR. THANK YOU VERY MUCH.
NEXT CASE CEB 1 0 5 1 5 - 0 5. 620 KOUTNIK ROAD SOUTH EAST. OLIVERE S CHASE, PETITIONER. ANGELICA MARTINEZ CODE OFFICER. OLIVERE S CHASE. 620 KOUTNIK RD SE. ROAD SE.
DOESN'T APPEAR THAT THE APPLICANT IS HERE SO WE'LL MOVE ON TO THE NEXT CASE. WE'LL HOLD THIS UNTIL LATER IN THE MEETING. IF THEY DON'T APPEAR THEN I GUESS WE'LL CONTINUE WITH. NEXT CASE CEB. THERE'S THREE CASES ON THAT ONE PROPERTY.
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CEB 1 5 8 7 0 - 1 1; 1 7 3 9 4 - 1 6; 1 7 6 2 6 - 1 6. 880 PYRACANTHA ST NW.LAI KWAN JIMENEZ, PETITIONER. ARLENE RECKARD, CODE OFFICER.
MY NAME IS [INAUDIBLE] AND I'M A REALTOR WORKING FOR HER AND SHE BOUGHT THE PROPERTY IN 2017. SHE DIDN'T KNOW THAT THERE WERE THE LIEN AND WHEN WE TRIED TO SELL IT AND WE FOUND OUT WE HAVE LIEN. BUT SHE DID FIX EVERYTHING AND UP TO THE CODE. WHEN YOU SAY SHE FIXED EVERYTHING WHAT DID YOU MEAN BY THAT? IT IS SUPPOSED TO HAVE THE NEW ROOF AND STUFF AND SHE GET THE CONTRACTOR LICENSED CONTRACTOR AND REPLACE AND EVERYTHING. SO WHEN YOU SAY SHE FIXED EVERYTHING SHE JUST GOT A NEW ROOF IS WHAT IT IS? HUH. WHAT DO YOU HAVE. I'M NOT SURE YOU WANT TO SAY SHE'S OKAY. I AM NOT SURE. WHAT DO YOU THINK? IT'S HER IT'S HER PETITION SO SHE NEEDS TO PUT OUT INFORMATION. WHAT DO YOU THINK. REBUILT THE HOUSE.
I'M SORRY. REBUILD. YOU REBUILT THE HOUSE? YOU DIDN'T PUT JUST A NEW ROOF ON IT YOU REBUILT EVERYTHING. YES. SO THERE WAS NO HOUSE ON THE PROPERTY. WHEN YOU BOUGHT IT. NO BECAUSE IT DAMAGED. HOW MUCH DID YOU PAY TO REBUILD THE HOUSE. WHEN I BOUGHT THE HOUSE? HOW MUCH DID YOU PAY TO REBUILD THE HOUSE. TOTAL. YES MA'AM. THAT'S LIKE 150. 150 THOUSAND. YES.
YOU DIDN'T HAVE ANY KNOWLEDGE ABOUT THE LIENS WHEN YOU BOUGHT THE PROPERTY. BUT THERE IS A THERE IS AN ACKNOWLEDGEMENT THAT YOU SIGNED IN JUNE OF 2017 WHERE YOU ACKNOWLEDGED THAT YOU KNEW ABOUT THE LIENS WHEN YOU WENT TO CLOSE AND THAT IT WOULD BE AN EXCEPTION TO THE TITLE POLICY THAT YOU GOT. YES I ALREADY PAY SOME LIEN BUT I DIDN'T KNOW YOU STILL HAD THE LIEN. THEY'RE LISTED IN HERE. ALL THREE OF THE LIENS THAT YOU'RE TRYING TO GET REDUCED ARE LISTED IN THIS DOCUMENT AND YOU SAID YOU DIDN'T KNOW ANYTHING ABOUT THEM AND THIS DOCUMENT SAYS THAT YOU DID. SHE THOUGHT THAT IF THE CONTRACTOR COME IN AND PULL A PERMIT AND IT WILL BE TAKEN CARE OF AND SHE DIDN'T. I UNDERSTAND THAT PART. BUT WHAT YOU'RE SAYING YOU KNOW SHE HAD NO KNOWLEDGE OF IT BUT THIS DOCUMENT SAYS THAT SHE DID HAVE KNOWLEDGE IT. DO YOU KNOW WHEN THEY WHEN YOU'RE CLOSE WITH GLORIA DID THEY HAVE THE LIEN? YOU'RE SAYING IN THIS APPLICATION YOU DIDN'T KNOW ANYTHING ABOUT IT AND THIS ACKNOWLEDGMENT SAYS THAT YOU DID SO.
YOU HAVE ANYTHING FURTHER. YOU HAVE ANYTHING FURTHER YOU WANT TO SAY. CAN WE REDUCE THE LIEN PLEASE. WHAT'S THE CITY'S POSITION. THE PROPERTY HAS BEEN INSPECTED. THERE ARE CURRENTLY NO CODE VIOLATIONS BUT THE CITY IS SEEKING THE FINES ACCRUED. THIS WAS A FIRE AT THIS HOUSE. WAS THE BUILDING RAISED? THE ONLY THING LEFT WHERE THE EXTERIOR WALLS THE ROOF WAS GONE. EVERYTHING INSIDE WAS DESTROYED. AND THAT'S WHAT ACCRUED ALL THESE FINES FOR SO LONG WITH THE OLD OWNER AND THEN THE CITY HAD TO CUT THE GRASS TWICE AFTER THAT THE HOUSE IS ABSOLUTELY BEAUTIFUL NOW AND UP FOR SALE.
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ANYTHING IN RESPONSE TO WHAT THE CITY SAID? THEY'RE SEEKING THE FULL AMOUNT OF THE FINE.DO YOU HAVE ANYTHING ELSE TO SAY IN RESPONSE TO THE CITY. THEY SAID THAT THEY WANT TO SEEK. THEY ARE SEEKING THE ENTIRE AMOUNT OF THE FINES. OH. I DON'T THINK SHE'LL BE ABLE TO PAY OUT WHOLE MONEY. I'M JUST ASKING WHETHER YOU HAD A RESPONSE THAT'S ALL.
YEAH. BECAUSE SHE ALREADY BY THEN PUT EVERYTHING WITH A LOT OF TIME AND WORK.
ONE OTHER QUESTION FOR THE CITY. THE TWO LATER VIOLATIONS ABOUT ABOUT THE GRASS WAS BASICALLY WAS WAS THE HOUSE FOR LACK OF A BETTER WORD THE HOUSE IN THE CONDITION THAT YOU PREVIOUSLY DESCRIBED WITH JUST THE WALLS BEING THERE. YES SIR.
I'M GOING TO GO A LITTLE BIT BACKWARDS ON THIS. THE CITY HAD HARD COSTS IN THE AMOUNT OF $126.20 FOR CEB 1 7 3 9 4-16 AND $141.71 FOR CEB 1 7 6 2 6 - 16 AND THOSE WILL HAVE TO BE REIMBURSED TO THE CITY. AS FAR AS THE CODE VIOLATIONS THEMSELVES CONTRARY TO WHAT'S IN YOUR APPLICATION YOU APPARENTLY WERE AWARE OF THE VIOLATIONS AT THE TIME THAT YOU CLOSED ON THE PROPERTY. ALTHOUGH OBVIOUSLY YOU WEREN'T THE ONE THAT CAUSED THE PROBLEM.
I'M GOING TO REDUCE THE ACTUAL FINE AND CODE ENFORCEMENT NUMBER OF 1 7 3 9 4 -16 TO $200 SO THAT THE TOTAL FINES THAT'LL BE DUE WITH THE HARD COSTS WILL BE $326.0 5 AND I'M GOING TO REDUCE THE FINE AND 1 7 6 2 6 - 16 CASE TO $400 SO THE TOTAL ON THAT WILL BE $541.55. 1 5 8 7 0 -11.
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I'M GOING TO MAKE FINDINGS THAT THE FINE IS GREATER THAN THE VALUE OF THE HOUSE. THE APPLICANT SPENT APPROXIMATELY 150,000 DOLLARS AND BRINGING THE PROPERTY INTO COMPLIANCE AFTER SHE PURCHASED THE PROPERTY FROM THE PERSON THAT WAS QUOTE UNQUOTE AT FAULT IN ALLOWING THE FINE TO ACCRUE I REDUCE THIS FINE IN 1 5 8 7 0-11 TO 1000 DOLLARS.FIRST CASE IS REDUCED TO ONE THOUSAND DOLLARS. THE SECOND CASE IS REDUCED TO 326. 0 5 THE LAST CASE IS REDUCED TO 545.55. NORMALLY WE PROVIDE FOR PAYMENT WITHIN 30 DAYS IS THAT ENOUGH TIME. OR. YES. THAT'S FINE. OKAY. THE REASON I'M ASKING IS IF YOU DON'T PAY WITHIN THAT PERIOD OF TIME THE CURRENT FINES ARE REINSTATED. YES. AN ORDER WILL BE ENTERED REGARDING THESE CASES AND YOU SHOULD GET IT EITHER IN THE MAIL OR EMAIL HOWEVER YOU'VE INDICATED YOU WANT INFORMATION PROVIDED TO YOU BY THE CITY. YES SIR. THANK YOU.
NEXT CASE. CEB 1 8 2 1 1 - 1 7. 1242 DOVE COURT NE DONALD LEWIS PETITIONER ARLENE RECKARDM, CODE OFFICER. 1242 DOVE COURT NORTHEAST. DONALD LEWIS, PETITIONER. PUT THAT ASIDE FOR NOW. NEXT CASE CEB 1 8 8 7 4 - 1 8. 481 ULM ROAD NW.
STEVEN NEAL. ATTORNEY, STEVEN CLARK. SABRINA PERKINS, CODE OFFICER. YOUR HONOR I'M STEVEN CLARK. I'M THE COUNSEL FOR THE ESTATE OF STEVEN MICHAEL NEAL. THE ESTATE OWNS THE HOME AT 481 ULM ROAD AND MY CLIENT IS THE PERSONAL REPRESENTATIVE OF THE ESTATE ALAN BYRON NEAL WHO IS THE BROTHER OF THE DECEDENT AND THE CODE ENFORCEMENT VIOLATIONS BEGAN ON JUNE 8 OF 2018 AND WE CURED THEM BY AUGUST 14 OF 2018.
UNFORTUNATELY MY CLIENT DID NOT KNOW THE HOME WAS IN DISREPAIR. THERE WAS A DOWNED FENCE. THERE WAS A NONCONFORMING PEPPER TREE AND ALSO A GREAT DEAL OF FOLIAGE THAT NEEDED TO BE CLEARED. THE ROOMMATE OF THE DECEDENT HAS BEEN LIVING AT THE HOME SINCE MY CLIENT'S BROTHER DIED AND HE HAD REASSURED MY CLIENT THAT THE HOME WAS IN
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COMPLIANCE. BUT EVENTUALLY MY CLIENT FOUND OUT IN JULY OF 2018 THAT THE PROPERTY WAS NOT ONLY IN A STATE OF DISREPAIR BUT ALSO THAT THERE WAS THE CODE ENFORCEMENT VIOLATION. SO HE IMMEDIATELY CURED THE VIOLATIONS BY HIRING CONTRACTORS TO REMOVE THE PEPPER TREE AND ALSO TO REPAIR THE FENCE. HE SPENT A TOTAL OF SIXTEEN HUNDRED FIFTY THREE DOLLARS AND 12 CENTS IN MAKING THOSE REPAIRS AND THEN WE HAD A REINSPECTION WHICH INDICATED THAT THE PROPERTY WAS IN COMPLIANCE BUT THERE ARE A GREAT NUMBER OF FINES OVER THE PERIOD OF TIME FROM JUNE 8 TO AUGUST 14. SO I HAD SPOKEN WITH MY CLIENT ABOUT APPEARING HERE AND SPOKEN WITH MS JOSEPH TO DETERMINE WHAT WOULD BE A REASONABLE AMOUNT FOR THE ESTATE TO PAY FOR THOSE NONCONFORMING FINES AND WE ARE REQUESTING TO PAY FIVE HUNDRED DOLLARS. THE ADMINISTRATIVE COSTS TO THE CITY OF PALM BAY IF THAT PLEASE THE COURT. WHAT'S THE CITY'S POSITION REGARDING THIS? SABRINA PERKINS CODE ENFORCEMENT OFFICER CITY OF PALM BAY. PROPERTY HAS BEEN INSPECTED AND THERE ARE CURRENTLY NO VIOLATIONS. THE CITY IS SEEKING THE FINES ACCRUED.ANYTHING FURTHER YOU'D LIKE TO ADD? ONLY THAT WE DON'T INTEND TO ASK FOR ANYTHING UNREASONABLE BUT I'M SURE THAT MANY TIMES PEOPLE INDICATE THAT THEY HAD NO KNOWLEDGE BUT MY CLIENT LIVES IN RAPID CITY SOUTH DAKOTA AND HE HAD BEEN REASSURED THAT EVERY THING WAS CURED BUT IT WAS NOT. SO WHATEVER THE SPECIAL MAGISTRATE DEEMS REASONABLE WE WILL BE GLAD TO PAY. [INAUDIBLE] MR. NEAL PASS? 2018. JANUARY 2018. WHEN WAS YOUR CLIENT APPOINTED. ACTUALLY HE HASN'T BEEN APPOINTED PERSONAL REPRESENTATIVE YET THERE IT'S A SITUATION WHEREIN THERE IS A VERY CONFUSING LAST WILL AND TESTAMENT THAT'S HAND WRITTEN AND HE'S IN THE PROCESS OF MOVING TOWARD BEING APPOINTED. THE PERSON NAMED IN THE WILL TO BE THE PR? YES HE IS.
BASED UPON FACT THAT THE PROPERTY THE VIOLATIONS ARE APPROXIMATELY FOR JUST UNDER 30 PERCENT OF THE VALUE OF THE HOUSE. THE NATURE OF THE VIOLATIONS BASICALLY JUST BEING YARD MAINTENANCE ISSUES AND A FENCE ISSUE AND THE FACT THAT
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THERE WERE EXIGENT CIRCUMSTANCES REGARDING THE FACT THAT THE OWNER OF THE PROPERTY DIED AND HIS SON TOOK ACTION ON FINDING OUT ABOUT THE VIOLATIONS AND EXPENDED AN EXCESS OF SIXTEEN HUNDRED DOLLARS TO MAKE THE REPAIRS AND THE MAINTENANCE OF ADDRESS THE MAINTENANCE OBLIGATIONS I'M GOING TO REDUCE THE FINE TO FIVE HUNDRED DOLLARS. AND MOST OF THE TIME WE PUT 30 DAYS IN THERE IS THAT SUFFICIENT TIME? YES I BROUGHT A CHECK WITH ME TODAY. THANK YOU. THERE'LL BE AN ORDER ENTERED TO THAT EFFECT. THANK YOU SIR. NEXT CASE ON THE AGENDA VALERIE CARTER OFFICER CEB 1 9 5 9 7 - 1 9. THERE ARE TWO CASES ON THIS PROPERTY AND 1 9 5 9 8 - 1 9. 2163 AT ADVANA STREET NORTH EAST. KARAM DIN INC. AHMAD ISMAEL PETITIONER. 2163 ADVANA STREET NE 2163 ADVANA STREET NE HELLO. MY NAME IS FOUZIA YASMIN. [INAUDIBLE] THE NAME THEY HAVE IS AHMAD ISMAIL. HE HAS [INAUDIBLE] FOR PALM BAY 2163. I THINK HE NOT CUT THE GRASS. THEY HAVE FINE FOR SOME MONEY BECAUSE HE IS VERY UPSET BECAUSE HE LIVE IN PANAMA CITY. HE HAS A HEADACHE AND YOU KNOW HEADACHE AND HE HAS LOST HIS VISION AND EVERYTHING AND THAT'S WHY HE NOT CUT THE GRASS AND EVERYTHING. DID YOU FINE FOR SOME MONEY? THAT'S THE REASON HE DIDN'T COME. WHAT WAS YOUR NAME AGAIN? FOUZIA YASMIN. CAN YOU SPELL THAT PLEASE? F-O-U-Z-I-A LAST NAME Y-A-S-M-I-N. THANK YOU. YOU'RE WELCOME. WHAT'S YOUR RELATIONSHIP TO MR. ISMAIL. THIS IS MY HUSBAND'S BROTHER. YOUR HUSBAND'S BROTHER.WHAT'S THE CITY'S POSITION REGARDING THIS? CITY? I'M JUST ASKING WHAT THE CITY'S CITY IS GONNA HAVE THE OPPORTUNITY TO SPEAK SO I'M JUST ASKING WHAT THE CITY'S POSITION IS. THE PROPERTY HAS BEEN INSPECTED AND THERE CURRENTLY NO CODE VIOLATIONS THE CITY IS SEEKING THE FINES ACCRUED. MS CARTER AS
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TO 1 1 9 5 9 7 - 19 THE VIOLATION WAS A DEAD TREE IS THAT? SAW THE VIOLATION BEING WITH NO VEGETATION WITHIN TWENTY FIVE FEET OF A LOT LINE BUT THEN IT SAYS A DEAD TREE WAS. IT WAS FOR 2 THERE WAS THE DEAD TREE WAS ONE CASE AND THEN THE OTHER WAS CUT IT BACK FOR OVERGROWN VEGETATION. THAT'S WHAT I'M TRYING TO UNDERSTAND BUT THE FIRST CASE THE 1 9 5 9 7 - 19 IS JUST FOR A DEAD TREE. THAT IS CORRECT. AND THE OTHER THE OTHER CASES FOR VEGETATION. AND BASED UPON WHAT I'VE BEEN PROVIDED THE CITY HAS NOT INCURRED ANY HARD COSTS OF THEIR OWN AND REMEDYING EITHER OF THESE. NO SIR. WHAT KIND OF DEAD TREE WAS IT? A PINE TREE.CASE NUMBER 1 9 5 9 7 - 19 IT APPEARS THAT THE VIOLATION WAS A DEAD TREE WAS ADDRESSED. FINES ALMOST EQUATE TO THE VALUE OF THE PROPERTY THERE'S A VACANT LOT AND IN 1 9 5 9 8 -19 IT'S ALSO A VACANT LOT FINES APPROXIMATE SIXTY FIVE PERCENT OF THE VALUE OF THE PROPERTY NORMALLY REDUCE THEM A LITTLE BIT LOWER THAN WHAT THIS IS BECAUSE IT IS STATED AFFIRMATIVE COST OR HARD COSTS ARE BUT IN THIS CASE IT TOOK A WHILE FOR THE OWNER TO ADDRESS IT SO I'M JUST WHAT I'M GOING TO DO IS I'M GOING TO REDUCE THE FINE IN EACH CASE OF SIX HUNDRED DOLLARS IT'LL BE TWELVE HUNDRED DOLLARS TOTAL.
BECAUSE HE LOST A LOT OF STUFF SO THANKS A LOT WE APPRECIATE THAT. REDUCE THEM TO SIX HUNDRED DOLLARS IN EACH CASE HOW MUCH TIME DO YOU NEED TO PAY IT. I MEAN NORMALLY WE GET 30 DAYS IS THAT GOING TO BE OKAY. I'M GOING TO TELL HIM YOU'RE GOING TO PAY FOR 30 DAYS. THE REASON WHY IS IT THE FINES GET REINSTATED IF THEY'RE NOT PAID IN THAT TIME THERE'LL BE SIX HUNDRED DOLLARS IN EACH CASE. HOW MUCH ALTOGETHER. 1200 DOLLARS.
OKAY THANKS A LOT. GOD BLESS YOU. LET'S GET TO NEXT CASE BILLY LATHEM CODE OFFICER CEB 1 5 5 8 3 - 1 1. 3265 HUMMINGBIRD AVENUE SW ORAL C REID, PETITIONER.
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HEY HOW ARE YOU DOING SIR. REID. 3265 HUMMINGBIRD AVE PALM BAY FLORIDA. WE PURCHASED THE HOME. WE CLOSE ON THE HOME WAS DECEMBER 27 2010 AND WE FIXED THE HOUSE UP AROUND FIFTY THOUSAND REPAIRS TO THE HOUSE AND I WAS TOLD LAST WE WENT THROUGH GENESIS TITLE COMPANY FOR CLOSING. WE WEREN'T TOLD THERE WAS ANY VIOLATION TO THE HOUSE. WE WERE SURPRISED A MONTH AGO WE WERE TOLD THAT THERE IS A FINE ON THE PROPERTY. I CALLED THE REAL ESTATE AGENT TO FIND OUT WHY WAS THERE A FINE. HE SAID THAT THEY CHECKED THERE WAS NO VIOLATION THERE WAS NO NOTHING. THE PROPERTY WAS ISSUED A VIOLATION SENT OUT TO HIM THE SAME DAY WERE CLOSING SO THEY WERE GOING TO CLOSE AND THAT'S THE DAY THE CITY WAS SENDING OUT A LETTER TO THE FIFTH THIRD BANK LETTING HIM KNOW THAT THERE IS A VIOLATION TO THE PROPERTY SO WE HAD NO IDEA UNTIL A MONTH AGO THAT THERE WAS A VIOLATION.THEY DIDN'T FORWARD YOU ANYTHING? NOTHING. NOTHING AT ALL. I STILL DON'T KNOW WHAT THE VIOLATION IS. WHAT WAS THE VIOLATION. SO IT WAS A FAILURE TO REGISTER AS ABANDONED FORECLOSING RESIDENTIAL PROPERTIES WITHIN THE CITY.
THE CITY HAS A PROVISION WHERE IF YOU ARE FORECLOSING ON PROPERTY THEY'RE SUPPOSED TO NOTIFY THE CITY IN SOME FASHION THAT THEY'RE. FIFTH THIRD BANK. OK WHAT'S THE CITY'S POSITION REGARDING THIS AND PLEASE IDENTIFY YOURSELF. NAME IS BILLY LATHEM CITY OF PALM BAY CODE COMPLIANCE. THE PROPERTY HAS BEEN INSPECTED. THERE ARE CURRENTLY NO CODE VIOLATIONS. CITY IS SEEKING FINES ACCRUED.
MR LATHEM IN THE RECORDS THAT YOU HAVE THERE WHEN WAS THE ORIGINAL NOTICE SENT OUT OF THE VIOLATION.
FEBRUARY 24TH 2011. NOT WHEN THE ORDER WAS SENT OUT. WHEN WAS THE ORIGINAL NOTICE OF THE VIOLATION WHICH WOULD HAVE ESTABLISHED THE HEARING DATE WHICH WAS FEBRUARY THE 9TH 2011. FEBRUARY 9TH 2011. THAT'S THE DATE OF THE HEARING. WHEN DID THE NOTICE OF VIOLATION AND NOTICE OF HEARING. DECEMBER 27 2010.
WENT OUT JANUARY 10TH 2011. THE 10TH? BASED ON THE
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FACT THAT THE STATEMENT OF VIOLATION WENT OUT AFTER MR. REID PURCHASED THE PROPERTY. HE'S OBVIOUSLY THE INNOCENT PARTY IN THIS. I'M GOING TO REDUCE THE FINE TO ZERO BECAUSE THE NOTICE WENT TO THE BANK AND AT THAT TIME THE TRANSACTION HAD ALREADY CLOSED SAID THE STATEMENT WENT OUT AFTER THE CLOSING OCCURRED. STATEMENT OF VIOLATION THAT IS. THANK YOU. THANKS A LOT. THANK YOU GUYS. NEXT CASE BILLY LATHEM CODE OFFICER CEB 1 8 2 7 9 - 1 7. 24 0 5 DIANE AVENUE SE. CARLSBAD FUND AND TRUST. WATERMAN REAL ESTATE PETITIONER HELLO [INAUDIBLE] WATERMAN REAL ESTATE HERE FOR [INAUDIBLE] AND [INAUDIBLE].LOOKS LIKE WE HAVE SOME FINES FOR 2405 DIANE. SORRY? WE HAVE SOME CODE VIOLATIONS OR FINES FOR 2 4 0 5 DIANE AVENUE THAT'S A BANK ON PROPERTY THAT WE JUST TOOK POSSESSION OF. I BROUGHT OVER THE REFERRAL AGREEMENT. IT'S LIKE JANUARY 18TH 2019. IT'S WHEN WE TOOK POSSESSION OF THE PROPERTY. ALL VIOLATIONS WERE ACTUALLY IN PLACE PRIOR TO THE BANK TAKING POSSESSION OF THE PROPERTY AND OUR ASSET MANAGEMENT COMPANY SCHEDULING US TO BE THE INDIVIDUALS OVER IT. SO WE ARE COMING FORTH TODAY WITH THAT INFORMATION. SEE IF WE CAN GET ALL THOSE FINES REDUCED AND JUST PAY THE COURT COSTS.
WHEN DID THE BANK TAKE TITLE TO THE PROPERTY. LOOKS LIKE. OUR REFERRAL AGREEMENT WAS ON JANUARY 18TH 2019. SO THAT WOULD SHOW SO THE BANK PROBABLY TOOK POSSESSION I WOULD SAY ANYWHERE FROM A WEEK TO TWO WEEKS PRIOR TO ASSIGNING US THE PROPERTY ACTUALLY DO NOT HAVE THE FORECLOSURE DATE WITH ME.
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WHEN DID THE BANK PERFORM THEIR INSPECTIONS ON THE PROPERTY REGARDING THE CONDITION OF THE PROPERTY. THEY DID AN INSPECTION PRIOR TO BELIEVE IT WAS THE FIRST WEEK OF JANUARY. THEY ASSIGNED US THE PROPERTY JANUARY 18TH AND THEY TRADITIONALLY DO AN INSPECTION PRIOR TO PASSING ON THE PROPERTY TO A ASSET COMPANY FOR THEM TO ASSIGN IT TO A REAL ESTATE FIRM. DID THAT PROCESS TO UNDERTAKE A DETERMINATION WHETHER OR NOT THERE IS ANY CODE VIOLATIONS REGARDING THE PROPERTY WHEN THEY TAKE TITLE. CORRECT. CORRECT. WE CONTACT THE CITY ONCE WE RECEIVE THE PROPERTY TO SEE IF THERE ARE ANY CODE VIOLATIONS OR ANY LIENS ON THE PROPERTY. ONCE WE GET THAT INFORMATION WE NORMALLY DO THE SAME THING THAT WE'VE DONE PETITION AND GET THOSE ITEMS REMOVED AND JUST GO AHEAD AND PAY THE COURT COSTS ASSOCIATED. WHAT'S THE CITY'S POSITION. BILLY LATHEM, CITY OF PALM BAY CODE COMPLIANCE THE PROPERTY HAS BEEN INSPECTED. THERE ARE NO CURRENT CODE VIOLATIONS. CITY IS SEEKING FINES THAT ARE ACCRUED. MR. LATHEM LOOKS LIKE ON THE INFORMATION I WAS PROVIDED THAT THE PROPERTY CAME INTO COMPLIANCE ON APRIL 18 2019 IS THAT CORRECT. INSPECTION WAS PERFORMED APRIL 18 20 19. YES. DID YOU HAVE ANY COMMUNICATIONS WITH ANY REPRESENTATIVES FROM THE BANK REGARDING THE VIOLATIONS OR NOT OR VIOLATION. I HAVE NO INFORMATION STATING SUCH YOU DON'T HAVE ANY RECOLLECTION OF SPEAKING ANYONE WITH THE BANK. NO SIR OR ANY BANK REPRESENTATIVE. NO.YES SIR. IS THERE A REASON WHY IT APPEARS IT TOOK THREE MONTHS TO BRING THE PROPERTY INTO COMPLIANCE AFTER THE BANK TITLE OUTSIDE OF THEM.
VIOLATIONS BEING PUT INTO THE ACCOUNT PRIOR TO US TAKING POSSESSION. JUST DEALING BACK AND FORTH WITH THE ACTUAL BANK TO GET APPROVAL TO MOVE FORWARD. I'M JUST YOUR TESTIMONY WAS THAT THE BANK ACQUIRED TITLE SOMETIME IN THE FIRST HALF OF JANUARY OF THIS YEAR BUT THE PROPERTY WASN'T IN COMPLIANCE UNTIL APRIL 18TH. I WAS JUST CURIOUS AS TO WHY IT TOOK THREE MONTHS TO ADDRESS THIS ISSUE. FROM EACH PROJECT THAT WE DO ON THE PROPERTY ONCE WE IDENTIFY IT WE SEND IT BACK OVER TO THE BANK FOR CONFIRMATION FOR GO AHEAD. ONCE WE IDENTIFY THE ISSUES AT THE PROPERTY THAT WERE IN VIOLATION WE WENT AHEAD AND DID BIDS ON THE INDIVIDUAL PROJECTS SENT IT OUT TO THE BANK AND JUST HAD TO WAIT FOR A RESPONSE. AS FAR AS GETTING CONFIRMATION THAT WE CAN GO AHEAD AND GET THE PROJECTS TAKEN CARE OF. YOU AWARE WHAT THE VIOLATION WAS FOR. I AM NOT. OK. VIOLATION WAS FOR FAILURE TO MAINTAIN A FENCE. THE BASED
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UPON THE NATURE OF THE VIOLATION. WHATEVER REASON IT TOOK APPROXIMATELY THREE MONTHS FOR THE BANK TO BRING THE PROPERTY INTO COMPLIANCE I'M GOING TO REDUCE TO FIND A THOUSAND DOLLARS IS 30 DAYS SUFFICIENT TIME YES. YES SIR. I THINK NEXT CASE IS A CONFERENCE CALL. ANGELICA MARTINEZ. CODE OFFICER CEB 1 9 2 7 0 - 1 8. 585 EL DORADO STREET SE T.K. AND T.K. PROPERTIES.ELIZABETH BAKER PETITIONER. TELEPHONE CONFERENCE. OKAY AT THIS POINT IT'S NOW 2 O'CLOCK AND THE TWO CASES FOR WHICH THE APPLICANTS DID NOT APPEAR. OLIVERE S CHASE FOR 620 KOUTNIK ROAD SE CASE NUMBER 1 0 5 1 5 - 0 5 AND BRENT AND EUNICE BIGELOW FOR 1 2 4 2 DOVE COURT NE. CASE NUMBER 1 8 2 1 1 - 17. I'M GOING TO ENTER AN ORDER CONTINUING THOSE TWO CASES UNTIL THE NEXT MEETING.
MS. BAKER DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH NOTHING BUT THE TRUTH SO HELP YOU GOD. THANK YOU. MISS BAKER CAN YOU HEAR ME. MY NAME IS JAMES BEADLE I'M THE PERSON THAT WAS APPOINTED TO BE THE SPECIAL MAGISTRATE TO HEAR CODE LIEN REDUCTION CASES. THE GENERAL PROCEDURE IS IS FOR YOU TO PRESENT YOUR CASE THEN THE CITY WILL RESPOND AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND AFTER THAT YOU UNDERSTAND. YOU CAN PROCEED WITH YOUR CASE.
JUST HAVE A COUPLE OF QUESTIONS. WHEN YOU SAY THEY GAVE IT TO THE TENANT WHERE WAS THE TENANT AT THE EL DORADO ADDRESS.
YOUR TESTIMONY IS YOU NEVER RECEIVED ANY NOTICES AT 1 4 5 [INAUDIBLE] MERRITT ISLAND. AND WHAT'S THE CITY'S POSITION REGARDING THIS THE OH I'M SORRY ANGELICA
[01:00:35]
MARTINEZ CODE ENFORCEMENT OFFICER CITY OF PALM BAY THE PROPERTY HAS BEEN INSPECTED THERE ARE CURRENTLY NO CODE VIOLATION AND THE CITY IS SEEKING THE FINES ACCRUED THE PROPERTY IS IN COMPLIANCE AND IT WAS ACTUALLY POSTED THE AFFIDAVIT I HAVE AN AFFIDAVIT OF POSTED NOTICE HERE WHICH WAS POSTED SEPTEMBER 14 2018 THE REASON WHY IT WASN'T MAILED. IT WAS ACTUALLY MAILED BUT ONCE WE CHECKED AND IT WAS MAILED CERTIFIED MAIL AND THEN WE CHECKED ON THE POST OFFICE IT WAS MAILED TO 145 [INAUDIBLE] MERRITT ISLAND FLORIDA 3 2 9 5 2. WHAT HAPPENED WITH THE? THERE WAS THE POST OFFICE DID NOT SHOW IT AS BEING DELIVERED THEREFORE WE WENT AHEAD AND POSTED IT ON THE PROPERTY. DID YOU RECEIVE THE CERTIFIED MAIL BACK. NO. THERE IS NO ENVELOPE HERE. AND YOU NEVER GOT THE GREEN CARD BACK EITHER. NO SIR. THAT'S CORRECT. THAT'S WHY WE POSTED IT ON THE PROPERTY MS BAKER DID YOU HEAR THE CITY'S TESTIMONY.OK. THEY INDICATED THAT THE NEITHER THE ENVELOPE NOR THE CERTIFIED MAIL GREEN CARD EVER WAS RETURNED BACK TO THE CITY. AND THAT WAS THE BASIS FOR THEM. THEY POSTED A NOTICE FOR THE HEARING ON THE PROPERTY WHEN THEY DIDN'T GET EITHER THOSE TWO ITEMS BACK. DID YOU HAVE ANY OTHER MATTERS YOU'D LIKE TO TESTIFY TO REGARDING THIS? AND WHAT IS IT YOU'RE SEEKING THE FINE TO BE REDUCED TO.
I'M GOING TO REDUCE THE FINE. FINE IS JUST UNDER 20 PERCENT OF THE VALUE OF THE PROPERTY. THE NATURE OF THE VIOLATION. FAILURE TO MAINTAIN A FENCE HERE IS THAT PROPERTY OWNER ACTUALLY DID NOT RECEIVE ACTUAL NOTICE OF THE VIOLATION. ALTHOUGH IT WAS MAILED TO THEIR MAILING ADDRESS MAINTAINED ON THE PROPERTY APPRAISERS WEB
[01:05:04]
PAGE ALSO APPEARS ON THE TESTIMONY THAT ONCE THE PROPERTY OWNER DID FIND OUT ABOUT THE ISSUE THEY IMMEDIATELY TOOK ACTION TO REMEDY IT AND COMPLETELY REMOVED THE FENCE AND HAD IT TOWED AWAY. CURRENTLY THEY HAVE RECEIVED NOTICES FROM THE CITY AND OTHER OR ALLEGED VIOLATIONS HAVE BEEN TAKEN CARE OF THOSE WHEN THEY'VE ARISEN AS WELL.REDUCED THE FINE TO FIVE HUNDRED DOLLARS MS. BAKER. NORMALLY THEY PAY IT WITHIN 30 DAYS IS THAT AN ISSUE? YOU JUST NEED TO ADDRESS THAT WITH THE CODE COMPLIANCE STAFF AFTER THIS MEETING'S OVER WITH. THANK YOU. NEXT CASE SABRINA PERKINS CODE OFFICER CEB 1 9 5 7 4 - 1 9.
THIS IS A CONFERENCE CALL. 1039 LASSEN AVENUE NW. CARMELLA SHIPONI ZIMRAN PARCHI PETITIONER MR. PARCHI. DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH NOTHING BUT THE TRUTH SO HELP YOU GOD. THANK YOU MR. PARCHI.
CAN YOU HEAR ME. MY NAME IS JAMES BEADLE. I'M THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTIONS AND CODE ENFORCEMENT LIENS AND THE GENERAL PROCESS IS THAT YOU AS THE APPLICANT WILL PRESENT YOUR CASE THEN THE CITY WILL RESPOND AND THEN YOU'LL HAVE AN OPPORTUNITY TO RESPOND TO THEM. YOU UNDERSTAND. OKAY YOU CAN PROCEED WITH YOUR CASE THEN.
[01:13:09]
IS THAT IT? THANK YOU. WHAT'S THE CITY'S POSITION? SABRINA PERKINS CODE ENFORCEMENT OFFICER FOR THE CITY OF PALM BAY PROPERTY HAS BEEN INSPECTED. THERE ARE NO CURRENT VIOLATIONS. SABRINA PERKINS CODE ENFORCEMENT OFFICER CITY OF PALM BAY PROPERTY HAS BEEN INSPECTED THERE ARE NO CURRENT VIOLATIONS CITY IS SEEKING FINES ACCRUED. MS PERKINS IS THE CITY'S REPRESENTATIVE FOR THIS PARTICULAR CASE AND WHAT SHE TESTIFIED TO IS IS THAT THE PROPERTIES IN COMPLIANCE AND THERE ARE NO CURRENT VIOLATIONS AND THEY ARE SEEKING THE FULL AMOUNT OF THE LIENS. THAT'S THEIR POSITION. DO YOU HAVE ANYTHING FURTHER YOU'D LIKE TO ADD? MR. PARCHI? DO YOU HAVE ANYTHING FOR YOU HAVE ANYTHING FURTHER YOU'D LIKE TO ADD.[01:15:05]
CITY CORRECTED THIS VIOLATION. IS THAT CORRECT. YES. AT A COST OF 243.21 CORRECT. MR. PARCHI THE PAPERWORK THAT I'VE BEEN PROVIDED INDICATES THAT THE CITY INCURRED COSTS OF 243 DOLLARS AND 21 CENTS TO REMEDY THE VIOLATION. YOU INDICATED THAT THE FAMILY TOOK SOME ACTION AFTER THEY RECEIVED THE NOTICE. DO YOU KNOW WHAT THAT ACTION WAS. THE CITY INDICATED THAT IT INCURRED A COST OF TWO HUNDRED FORTY THREE DOLLARS AND 21 CENTS TO REMEDY THE VIOLATION. YOU INDICATED THAT THE FAMILY TOOK SOME ACTION ONCE THEY RECEIVED THE NOTICE. WHAT ACTION WAS IT THE FAMILY TOOK REGARDING THIS. THANK YOU. I'M GOING TO REDUCE THE FINE THE FINES TOTAL APPROXIMATELY 75 PERCENT OF THE VALUE OF THE PROPERTY. THIS IS A VACANT LOT. THE CITY UNDERTOOK TO CORRECT THE VIOLATION AT A COST OF TWO HUNDRED FORTY THREE DOLLARS AND 21 CENTS I'M GOING TO REDUCE THE FINE TO SEVEN HUNDRED FORTY THREE DOLLARS AND 21 CENTS MR. PARCHI. DID YOU HEAR? OK. NORMALLY THE FINES HAVE TO BE PAID WITHIN 30 DAYS. IS THAT SUFFICIENT TIME FOR YOU TO PAY THAT. OK THEN THAT WILL BE INCLUDED IN THE ORDER AS WELL AND YOU'LL RECEIVE A COPY OF THE ORDER. YES SIR.I WOULD SUGGEST YOU CONTACT THE CODE AND COMPLIANCE OFFICE AND WORK THAT OUT WITH THEM. YES SIR. NEXT CASE ON THE AGENDA BILLY LATHEM CODE OFFICER. THIS IS A CONFERENCE CALL AS WELL. CEB 1 8 8 2 3 - 1 8. 2 9 2 HARRISON STREET SW. SANDRA D CLARK, PETITIONER. MS. CLARK?
[01:20:36]
YEAH. DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH NOTHING BUT THE TRUTH SO HELP YOU GOD. THANK YOU. MS CLARK CAN YOU HEAR ME. MY NAME IS JAMES BEADLE. I'M THE PERSON THAT'S BEEN APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION IN CODE LIENS. THE BASIC PROCEDURE IS FOR YOU AS THE APPLICANT TO PRESENT YOUR CASE THEN THE CITY HAS THE OPPORTUNITY TO RESPOND AND THEN YOU CAN RESPOND AFTER THAT. DO YOU UNDERSTAND. YOU CAN PROCEED WITH YOUR REQUEST. OK. THANK YOU. AND WHAT'S THE CITY'S POSITION IF YOU PLEASE IDENTIFY YOURSELF AGAIN PLEASE.THANK YOU. MY NAME IS BILLY LATHEM CITY OF PALM BAY CODE COMPLIANCE. THE PROPERTY HAS HAS BEEN INSPECTED. THERE ARE NO CURRENT CODE VIOLATIONS. THE CITY IS SEEKING THE FINES THAT ARE ALREADY ACCRUED. MR LATHEM THE INFORMATION I WAS PROVIDED REFLECTS THAT THE CITY INCURRED A COST OF THREE HUNDRED FOUR DOLLARS AND SIXTY NINE CENTS IS THAT CORRECT. THAT IS CORRECT. THAT WAS TO REMEDY THE VIOLATION. YES. MS CLARK DID YOU HEAR MR LATHEM'S TESTIMONY. YOU HAVE ANY RESPONSE TO THAT. MR LATHEM TESTIFIED THAT THERE ARE NO CURRENT VIOLATIONS TO THE PROPERTY THAT THE CITY IS SEEKING THE FULL AMOUNT OF THE LIEN WHICH IS A THOUSAND FOUR HUNDRED TWENTY EIGHT DOLLARS AND TWENTY EIGHT CENTS AND THAT THE CITY INCURRED HARD COSTS OF THREE HUNDRED FOUR DOLLARS AND SIXTY NINE CENTS IN REMEDYING THE VIOLATION. DID YOU HEAR THAT. OKAY. DO YOU HAVE ANY RESPONSE? I'M GOING TO ENTER AN ORDER REDUCING THE FINE THE AMOUNT OF THE FINE IS APPROXIMATELY 25 TO 30 PERCENT OF THE VALUE OF THE PROPERTY
[01:25:11]
I'M GOING TO ENTER I'M GOING TO ENTER IN ORDER REDUCING THE FINE TO SEVEN HUNDRED AND FOUR DOLLARS AND SIXTY NINE CENTS. THAT'S PARTIALLY RECOUP THE CITY'S ADMINISTRATIVE COSTS AND ALSO THE FULL AMOUNT INCURRED BY THE CITY IN REMEDYING THE VIOLATIONS SO NORMALLY THE FINES ARE REQUIRED TO BE PAID WITHIN 30 DAYS IS THAT GOING TO BE AN ISSUE FOR YOU. THE ORDER WILL BE ENTERED. THAT WILL BE PAID WITHIN 30 DAYS AND YOU'LL RECEIVE A COPY OF THAT. YES MA'AM. HAVE A GOOD DAY.NEXT CASE A CONFERENCE CALL CEB 1 9 6 1 1 - 1 9 3089 TROPICAL CIRCLE SE. DIMITRY GORBATOV ATTORNEY EDMOND SUGAR PETITIONER MR. SUGAR CAN YOU HEAR ME. MY NAME IS JAMES BEADLE I'M THE PERSON APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION IN CODE ENFORCEMENT LIENS AND THE GENERAL PROCEDURE IS FOR THE APPLICANT TO PRESENT THEIR CASE AND THEN THE CITY WILL RESPOND AND THEN YOU ARE THE OPPORTUNITY TO RESPOND TO THE CITY YOU UNDERSTAND THIS? CAN YOU HEAR ME CAN YOU HEAR ME BETTER NOW? WHAT ABOUT NOW? ARE YOU ON A SPEAKERPHONE.
OKAY SO YOU DID NOT HEAR WHAT I INITIALLY SAID THEN ABOUT THE PROCESS. I'M SORRY. OKAY WELL THEN YOU CAN PROCEED WITH YOUR CASE THEN. YOU HAVE
[01:32:36]
ANYTHING FURTHER AT THIS POINT. BILLY LATHEM CITY OF PALM BAY CODE COMPLIANCE. THE PROPERTY HAS BEEN INSPECTED. THERE ARE CURRENTLY NO CODE VIOLATION AND THE CITY IS SEEKING THE FINES THAT HAS ALREADY ACCRUED. MR. SUGAR. DID YOU HEAR THE CITY'S REPRESENTATIVE.HE INDICATED THAT THE PROPERTY IS CURRENTLY IN COMPLIANCE AND THAT THE CITY IS SEEKING ALL FINES THAT HAVE ACCRUED. YOU HAVE ANYTHING FURTHER? COMPLIANCE. THE PROPERTY IS IN COMPLIANCE AND THE CITY IS SEEKING ALL OF THE ACCRUED FINES. ANYTHING FURTHER? MR LATHEM, MR. SUGAR INDICATED THAT THE TWO HUNDRED NINETY TWO DOLLARS AND THIRTY FIVE CENTS HAD BEEN PAID. IS THAT YOU HAVE ANY INDICATION THAT THAT'S? WE HAVE A INDICATION HERE ON THIS PAPERWORK. TRYING TO FIND OUT WHAT THIS HAS TO DO WITH. [INAUDIBLE]. MR. SUGAR. I'M GETTING INDICATIONS FROM THE CITY THAT THE MONEYS THAT YOU PAID OR THAT MR. OR DR. GORBATOV PAID HAD NOTHING TO DO WITH THIS PARTICULAR CODE ENFORCEMENT ACTION. THE CITY HAS.
[01:35:11]
MR. SUGAR WHAT I'M UNDERSTANDING IS IS THAT THE PAYMENTS THAT YOU MADE HAD NOTHING TO DO WITH THIS PARTICULAR CODE VIOLATION. THE CITY INCURRED TWO HUNDRED NINETY TWO DOLLARS AND THIRTY FIVE CENTS TO CORRECT THIS VIOLATION CAN YOU HEAR ME NOW. OKAY.YOU'RE YOU'RE THE ONLY ONE THAT'S HAD THIS PROBLEM TODAY SO I'M TRYING TO FIGURE OUT HOW TO ADJUST AS THE CITY INCURRED A COST OF TWO HUNDRED NINETY TWO DOLLARS AND THIRTY FIVE CENTS TO CORRECT THE VIOLATION. IN THIS CASE THE MONEYS THAT YOU INDICATE WERE PREVIOUSLY PAID HAVE NOTHING TO DO WITH THIS CASE. MY UNDERSTANDING IS IS THAT HAD NOTHING TO DO WITH THIS CASE WHATSOOVER. OK. BUT BUT AGAIN THE ISSUES SURROUNDING THE REDUCTION IN THE LIEN CAN ONLY BE DONE BY ME AS THE MAGISTRATE. REGARDING ANYTHING THAT OCCURS AS IT RELATES TO THIS PARTICULAR CODE VIOLATION SO. SO THE THE THE THE HARD COST SO TO SPEAK OF THE CITY IN THIS CASE WAS TWO HUNDRED NINETY TWO DOLLARS AND 35 CENTS.
ALL I CAN TELL YOU IS THAT WHAT I'VE BEEN TOLD HERE THIS AFTERNOON IS IS THAT THE MONEYS THAT YOU PAID ARE UNRELATED TO THIS CODE VIOLATION AND THE ONLY WAY THAT THEY CAN BE WAIVED IS IF I IS THE MAGISTRATE DO THAT. THE ONLY WAY THAT THIS THAT ANY FINE CAN BE WAIVED IS IF I AS THE MAGISTRATE DO THAT AND THAT AND THAT HASN'T HAPPENED YET. SO WHATEVER THE COST IS RELATED TO THIS SPECIFIC CASE THERE'S BEEN NO DETERMINATION ON YET. THAT'S WHAT THIS HEARING IS FOR. OK. OK. OK. OK. HERE'S HERE'S WHAT I'M GOING TO DO THEN I'M GOING TO REDUCE THE FINE. THE FINES ARE JUST UNDER THE VALUE OF THE PROPERTY HE'S MAKING A FINDING THAT THE CITY INCURRED COSTS OF TWO HUNDRED NINETY TWO DOLLARS AND THIRTY FIVE CENTS IN REMEDYING THE VIOLATION.
THE FACT THAT MR. GORBATOV DID NOT RECEIVE THE NOTICE IS NOT AN ISSUE WITH RESPECT TO THE GIVING OF THE NOTICE BECAUSE THE CITY IS ONLY OBLIGATED TO GIVE NOTICE TO A PROPERTY OWNER AT THE ADDRESS MAINTAINED ON EITHER THE TAX COLLECTORS RECORDS OR THE PROPERTY APPRAISERS RECORDS WHICH ACTUALLY SHOW A SUNNY ISLAND BEACH ADDRESS AND THEREFORE THE CITY COMPLIED WITH WHAT IS REQUIRED TO DO WITH THE CODE GOING TO
[01:40:24]
REDUCE THE FINE THE TOTAL FINES FROM FIFTY TWO HUNDRED AND THREE DOLLARS AND SIX CENTS TO NINE HUNDRED AND FORTY TWO DOLLARS AND THIRTY FIVE CENTS I'M REDUCING THE AMOUNT OF THE FINE FROM FIVE THOUSAND TWO HUNDRED THREE DOLLARS AND SIX CENTS TO NINE HUNDRED FORTY TWO DOLLARS AND THIRTY FIVE CENTS AND NORMALLY WE PUT IN THERE THAT IT HAS TO BE PAID WITHIN 30 DAYS. IS THAT AN ISSUE OK. BECAUSE IF IT'S NOT PAID WITHIN 30 DAYS THEN THE FINE THAT CURRENTLY EXISTS ON THE PROPERTY IS REINSTATED YES AN ORDER WILL BE ENTERED AND WILL BE FORWARDED TO YOU. NEXT CASE CONFERENCE CALL CEB 1 9 6 3 3 - 1 9. 1174 WESTUNDER STREET SOUTH EAST CATHY LE ALAINA PHAN PETITIONER.MS. PHAN. DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH NOTHING BUT THE TRUTH SO HELP YOU GOD. THANK YOU. MS. PHAN CAN YOU HEAR ME? MY NAME IS JAMES BEADLE AND I'M THE PERSON WHO WAS APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION AND CODE ENFORCEMENT LIENS AND THE GENERAL PROCEDURE IS IS THAT YOU AS THE APPLICANT PRESENT YOUR CASE AND THEN THE CITY WILL BE ABLE TO RESPOND AND THEN YOU HAVE AN OPPORTUNITY TO REPLY AGAIN AFTER THAT YOU UNDERSTAND? YOU ON A SPEAKERPHONE?
[01:45:03]
DID YOU HEAR ANYTHING THAT I JUST SAID? DID YOU HEAR THE PART ABOUT HOW THE PROCESS WORKS.PROCESS. HOW YOU CAN PROCEED HOW YOU ARE WHAT THE PROCEDURE IS. DID YOU UNDERSTAND THAT? ARE YOU ON A HARD LINE OR A CELL PHONE. I WILL RESTATE WHAT I SAID EARLIER. MY NAME IS JAMES BEADLE. I'M THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY. CAN YOU HEAR ME RIGHT NOW OR NOT.
OK. I'M THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION IN CODE LIENS. THE GENERAL PROCEDURE IS IS THAT YOU AS THE APPLICANT AND PRESENT YOUR CASE THE CITY WILL RESPOND AND THEN YOU HAVE THE OPTION OPPORTUNITY TO REPLY TO THAT. DO YOU UNDERSTAND THAT. OK THEN YOU CAN PROCEED.
YES I CAN HEAR YOU FINE. WHAT AMOUNT OF THE FINE ARE YOU SEEKING TO HAVE IT REDUCED TO? YOU'RE LOOKING FOR A REDUCTION BASICALLY DOWN TO A THOUSAND DOLLARS FOR EACH LOT. AND WHAT'S THE CITY'S POSITION. NAME IS BILLY LATHEM CITY OF PALM BAY CODE COMPLIANCE. THE PROPERTY HAS BEEN INSPECTED. THERE ARE NO CURRENT VIOLATIONS AT THIS TIME. THE CITY IS SEEKING THE FINES ACCRUED. MS. PHAN DID YOU HEAR THE CITY'S TESTIMONY. MS PHAN? DID YOU HEAR THE CITY'S TESTIMONY. DID YOU HEAR THE TESTIMONY OF THE CITY REPRESENTATIVE? THE CITY'S REPRESENTATIVE JUST TESTIFIED. DID YOU HEAR HIM OR NOT. OK. HIS TESTIMONY WAS THAT THERE WERE NO CURRENT CODE VIOLATIONS ON EITHER OF THE PROPERTIES AND THAT THEY'RE SEEKING ALL OF THE FINES ON THE PROPERTY. DID YOU HEAR ME THIS FAN DID YOU HEAR ME. MS. PHAN DID YOU HEAR ME.
DID YOU HEAR WHAT I SAID WHAT THE TESTIMONY OF THE CITY'S REPRESENTATIVE WAS? THEY TESTIFIED THAT THERE WERE NO CURRENT CODE VIOLATIONS AND THAT THEY ARE SEEKING
[01:50:05]
ALL OF THE FINES THAT HAVE ACCRUED FOR EACH OF THE TWO LOTS. DID YOU HEAR ME? HELLO? THE CITY'S. CAN YOU HEAR ME RIGHT NOW? THE CITY'S TESTIMONY WAS THERE ARE NO CURRENT CODE VIOLATIONS. DID YOU HEAR ME. DID YOU HEAR ME. HELLO. DID YOU HEAR ME OK. AND HE ALSO TESTIFIED THAT THEY'RE SEEKING ALL OF THE FINES THAT I'VE ACCRUED TO DATE. DID YOU HEAR THAT. OK. DO YOU HAVE ANY RESPONSE TO THAT. OK. WHAT I'M GOING TO DO IS I'M GOING TO ENTER AN ORDER REDUCING THE FINES AND THESE ARE VACANT LOTS. FINES LOOK TO BE ABOUT 80 PERCENT OF THE VALUE OF THE PROPERTY. TESTIMONY FROM THE APPLICANT. I WILL REDUCE THE FINE TO 1000 DOLLARS FOR EACH OF THE TWO LOTS. MS. PHAN WE NORMALLY PUT IN CAN YOU HEAR ME RIGHT NOW. OK. WE NORMALLY PUT IN THE ORDER THAT THE FINE HAS TO BE PAID WITHIN 30 DAYS. IS THAT GOING TO BE AN ISSUE FOR YOU. IS THAT GOING TO BE AN ISSUE TO PAY THE FINE WITHIN 30 DAYS? SO YOU NEED LONGER THAN 30 DAYS? NOT WHAT I ASKED YOU WHAT I ASKED YOU IS IS THERE GOING TO BE A PROBLEM WITH YOU PAYING OR MS LE PAYING THE FINES WITHIN 30 DAYS. THAT'S WHAT I JUST ASKED YOU. DO YOU HAVE A PROBLEM WITH THAT. SO HOW MUCH MORE TIME DO YOU NEED. I'LL DO 60 DAYS.YES MA'AM WE'LL SEND AN ORDER TO YOU. SO THAT WAS FOR 1 9 6 3 9. I MEAN I'M SORRY 1 9 6 3 3 - 1 9 AND 11 74 WESTUNDER AND 1 9 6 3 4 - 1 9 FOR 1162 WESTUNDER.
THERE BEING NO FURTHER HEARINGS TODAY MEETING'S ADJOURNED AT 5 MINUTES TO 3:00.
* This transcript was compiled from uncorrected Closed Captioning.