OKAY, LET'S CALL THE APRIL 10TH, 2024 CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING TO ORDER.
[CALL TO ORDER]
[00:00:08]
WE'LL START WITH SWEARING IN OF ANYBODY THAT WISHES TO SPEAK TODAY.[SWEARING IN]
IF YOU'RE GOING TO GIVE TESTIMONY, CAN YOU 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. MAY BE SEATED.OKAY, AND WE WILL PROCEED WITH THE ADOPTION OF THE MINUTES.
[ADOPTION OF MINUTES]
I REVIEWED THE MINUTES FROM LAST MONTH.THEY ALL LOOK GOOD AND HAVE BEEN SIGNED SO WE CAN MOVE ON TO REPORTS.
[REPORTS]
OUR FIRST CASE TO BE HEARD UNDER REPORTS IS CB 2417023 AT 1151 BEACON STREET NORTHWEST, AND THE CODE OFFICER IS ANJELICA SNEED.ANGELICA SNEED, CODE COMPLIANCE OFFICER, CITY OF PALM BAY.
THE VIOLATIONS THAT ARE ON THIS PROPERTY ARE STILL THE SAME, WHICH IS SECTION 179.080. THE RESPONDENT IS HERE.
IT'S FOR A CULVERT IN DISREPAIR.
YOU SAY CULVERT REPAIR IN DISREPAIR? YEAH. SO IT NEEDS TO BE REPAIRED.
IF I COULD HAVE THE RESPONDENTS UP HERE, PLEASE.
GOOD AFTERNOON. GOOD AFTERNOON. WHY DON'T YOU JUST TELL ME A LITTLE BIT ABOUT THE SITUATION? YEAH, THE SITUATION IS THAT WE WERE, YOU KNOW, SIGNED BY THE FINE BY THE CITY, NOT FINE.
BUT THE CODE VIOLATION IS AT THE CULVERT.
SO WE HAD A CONTRACTOR COME OUT AND THEY LOOKED AT IT AND THEY DON'T SEE A PROBLEM.
OKAY. SO, YOU KNOW, BECAUSE IT'S NO OBVIOUS PROOF, THERE'S NO OBVIOUS FAILURE.
THE WATER IS FLOWING THROUGH THE DRIVEWAY IS INTACT.
WE TALKED TO KEVIN AND HE SAID HE WOULD DO THAT.
AND THEN WE WAITED A WHILE AND NOTHING HAPPENED.
HE SAID THAT WHAT HE HAD, WHAT HE DID WAS PUT A CAMERA ON A SNAKE AND TOOK A FEW PICTURES.
HE SENT THAT TO US, VERY INCONCLUSIVE.
WE SENT THAT TO THE CONTRACTOR.
HE SAID, YOU CAN'T SEE A THING.
SO THAT'S WHAT WE'RE WAITING FOR.
AT THIS POINT, WE DON'T HAVE ANY PROOF OF FAILURE.
IT LOOKS FINE. THE WATER IS FLOWING THROUGH, SO WE DON'T KNOW WHAT THE PROBLEM IS.
OKAY. DO YOU HAVE ANY CORRESPONDENCE FROM THAT CONTRACTOR THAT I COULD TAKE A LOOK AT? YEAH, WE HAVE EMAILS. YOU GOT THE EMAILS? YEAH. SOME EMAILS.
YEAH, SURE. FROM STABLE SOILS.
YEAH. ALL RIGHT. SEE IF WE CAN FIND THEM.
ANGELICA, CAN YOU COME BACK UP, PLEASE? YEAH. WHAT? CAN YOU GIVE ME THE THE ADDRESS FOR THIS AGAIN? IT'S 1151 BEACON STREET NORTHWEST.
OKAY. HAVE YOU HEARD ANYTHING ABOUT ABOUT THAT? I HAVEN'T HEARD ANYTHING BACK YET FROM PUBLIC WORKS.
I'M WAITING ON A RESPONSE FROM THEM.
OKAY. DID THEY GIVE YOU ANY IDEA OF WHEN THEY WOULD RESPOND ABOUT THAT? NO. OKAY.
THAT'S WHAT. THAT'S WHAT YOU'RE LOOKING FOR.
OKAY, I WANT TO I WANT TO GIVE YOU AN EXTENSION TO WORK THIS OUT, BUT IT SEEMS LIKE IT'S KIND OF DEPENDENT ON THE CITY'S SCHEDULE, SO I NEED I DON'T REALLY KNOW HOW LONG IT WOULD IT'LL TAKE FOR THE CITY TO TO RESPOND.
OKAY. HAS THE CONTRACTOR TOLD YOU HOW LONG REPAIRS WOULD TAKE? IF, I MEAN, HOW LONG REPAIRS WOULD TAKE? YEAH. NO, HE'S BASICALLY WAITING TO FIND OUT.
WHAT. WHAT'S WRONG WITH WHAT'S WRONG WITH IT? YEAH, HE SEES NO PROBLEM.
OKAY. WITH THE DRIVE IN? OKAY, I THINK I, I THINK I'D LIKE TO TABLE THIS ONE TILL NEXT MONTH.
THIS WAY WE CAN GET TIME FOR THE CITY TO COME OUT THERE AND SHOW THEM WHAT'S WRONG.
I MEAN, I ASSUME THE CITY HAD GOOD REASON FOR SAYING THAT THE CULVERT FAILED.
BUT, YOU KNOW, YOU CAN'T FIX WHAT YOU DON'T.
WHAT YOU DON'T KNOW HOW TO FIX.
AND WE CAN'T REALLY ESTABLISH A TIMELINE.
OKAY. UNTIL WE KNOW WHAT THE REPAIRS ARE GOING TO COST OR WHAT THE REPAIRS ARE GOING TO BE.
SO LET'S LET'S TABLE THIS ONE AND REVISIT IT NEXT MONTH, OKAY? THANK YOU, THANK YOU. THAT'LL BE MAY 8TH.
AND I'LL SEND YOU ANOTHER NOTICE IN THE MAIL SO THAT YOU'LL HAVE THAT.
OKAY. THANK YOU. YOU'RE WELCOME.
[00:05:06]
OUR NEXT CASE TO BE HEARD IS CB 2449024 AND THAT IS AT 4613 TREE RIDGE LANE NORTHEAST. AND THE CODE OFFICER IS SABRINA PERKINS.NAME SABRINA PERKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.
IT'S JUST GOING TO TAKE SOME TIME.
SO HE'S HERE TO ASK FOR AN EXTENSION.
AND THE CITY DOESN'T HAVE A PROBLEM WITH AN EXTENSION.
AND WHAT KIND OF STRUCTURE DID YOU SAY THIS WAS AGAIN? THIS IS A BARN STRUCTURE.
SO THE ONE UNIT EVERYBODY ELSE IS FIXED THEIRS.
THIS IS THE LAST ONE, BUT HE JUST PURCHASED IT, I BELIEVE, IN NOVEMBER.
OKAY, SO THIS IS THAT ONE THAT KEEPS POPPING UP.
SOUNDS GOOD. SIR, IF YOU WOULDN'T MIND, PLEASE COME UP.
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
NATHANIEL COCHRAN, 1020 LEE AVENUE.
OKAY. AND WE'RE TALKING ABOUT 4613.
SO CONTRACTORS, WE ALREADY HAVE OUR PERMITS.
SO WE'RE GOING TO START CLEANING OUT AND AND DOING ALL THE DEMO.
WE'RE ACTUALLY PURCHASING THE ONE NEXT DOOR, AND THEIR THEIR ROOF IS ALIGNED.
AND SO BOTH STRUCTURES TOGETHER.
SO WE'RE STILL IN CONTRACT WITH THE GENTLEMAN THAT WE BOUGHT THE FIRST ONE FROM.
THEY HAVE. THEY HAVE THE CONTRACTORS TOLD YOU HOW LONG IT'LL TAKE.
WE WE KNOW IT'S GOING TO BE AT LEAST SIX MONTHS.
DOES THE CITY HAVE ANY OBJECTION TO SIX MONTH EXTENSION? OKAY, THEN THEN THAT'S WHAT WE'LL GO AHEAD AND DO THAT.
WE'LL SET THE COMPLIANCE DATE FOR OCTOBER 7TH, 2024.
AND EVERY FOR EACH DAY AFTER OCTOBER 7TH, THAT THE PROPERTY IS NOT IN COMPLIANCE.
IT'LL BE A $50 A DAY FINE FOR AFTER THAT.
THINGS JUST GET IN TOUCH WITH.
OUR LAST CASE ON THE AUTHORIZATION TO IMPOSE FINES IS CB 2449124 AT 1774 GLENRIDGE STREET, NORTHWEST. THE CODE OFFICER IS ANGELICA SNEED.
ANGELICA SNEED, CODE COMPLIANCE OFFICER, CITY OF PALM BAY.
THE VIOLATIONS THAT EXIST ARE STILL THE SAME.
THIS IS IN REGARDS TO A REVOKED CERTIFICATE, A CERTIFICATE OF OCCUPANCY ON THE HOME FOR FAILURE TO HAVE WATER SUPPLY, AND ALSO TO SECTION 604, WHICH IS THE ELECTRICAL SYSTEM CONSTITUTES A HAZARD TO THE OCCUPANTS OF THE STRUCTURE.
BY REASON OF INADEQUATE SERVICE.
SO THEY ARE HERE, I'M ASSUMING, TO ASK FOR MORE TIME.
OKAY. WHEN WHEN WAS THIS VIOLATION FIRST IMPOSED? THIS WAS OR NOTICED, I SHOULD SAY.
THE IS WHEN THEY WERE SUPPOSED TO BE IN COMPLIANCE BY.
SO THAT'S WHY I BELIEVE 229 OF 24 IS WHEN THIS STARTS.
OKAY. SINCE THEY DID NOT COME INTO COMPLIANCE BY THAT DATE.
SO THIS WOULD BE THE FIRST REQUEST.
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
MY NAME IS HOLLY AND MY HUSBAND.
SO WE LIVE IN 1774 GLEN STREET, NORTHWEST MIAMI, FLORIDA.
SO THE REASON WHY THAT THE PROPERTY HAD BEEN EXPOSED TO LIKE THAT.
BECAUSE WE HAVE A SPECIAL NEED CHILDREN.
SO THE THE YOUNGEST JUST DON'T WANT IT.
THAT IS A VERY CHALLENGING BEHAVIOR.
AND THAT GOES ON ALL THOSE DESTRUCTION OF PROPERTY.
SO BASICALLY BEFORE IT HAPPENED WE HAVE THE OK.
BUT THEN WE WORK WITH THE WITH THE DCF.
[00:10:06]
ALSO BEHAVIORALLY CHALLENGING AND ALSO SEVERELY AUTISTIC.AND THEN IF WE HAVE TO LEAVE OUTSIDE THE POSSIBILITIES THAT IT'S GOING TO BE WORSE, AND THEN THAT THAT DCF DON'T HAVE ANY POSSIBILITY FOR US TO LEAVE SOMEWHERE, BECAUSE EVEN WITH ANYWHERE, NO ONE CAN TAKE OUR SON BECAUSE OF HIS BEHAVIOR.
SO WITH THAT, WHAT'S GOING ON ON THAT TIME? THAT WAS JANUARY 24TH.
BEEN NOTIFIED THAT WE HAVE TO BE OUTSIDE THE HOUSE AS SOON AS POSSIBLE, AND THEN I DON'T HAVE ANYWHERE TO GO KNOWING THAT MY SON IS, YOU KNOW, VERY CHALLENGING.
AND THEN MY HUSBAND WASN'T BEEN THERE BECAUSE WE HAVE A GOING ON WITH OUR FAMILY AND ISSUE.
SO I ALMOST EVEN KILLED MYSELF BECAUSE I DON'T EVEN KNOW WHAT TO DO, BECAUSE MY SON IS REALLY BEHAVIORAL, CHALLENGING, AND I AM A THERAPIST AND I KNOW WHAT IS REALLY GOING ON AND WHAT HE'S CAPABLE TO DO.
BUT NOW THE HOUSE HAS NOT BEEN FIXED YET.
IT COST US $42,000 AND EVERYTHING WITH THE WITH THE CONTRACTOR THAT WORK WITH US TO SEE IF HOW WE CAN DO IT. SO BUT WE HAVE A LITTLE BIT OF SWIMMING WITH INSURANCE CLAIMS THAT WE DID PARTIALLY FROM THE DAMAGE THAT THE SON, MY SON, DID BECAUSE HE PULLED THE PIPE TWICE AND WE FIXED IT ALREADY TWICE.
AND THEN IT'S STILL THE SAME PROBLEM THAT WENT ON.
SO WE WERE WE ALREADY CONTACTED THE CONTRACTOR IF WHEN IT CAN BE DONE AND WE ALREADY HAVE THE LITTLE BIT OF MONEY THAT CAME IN FROM THE INSURANCE AND WE TRIED TO SEE IF WHEN THIS PROBLEM WILL BE FIXED.
SO CAN I REITERATE THAT? YES. IT'S NOT.
THIS INFORMATION IS NOT CLEAR.
EXCUSE ME. MY NAME IS REYNOLDS.
I'M ALSO BEING SINCE OUR SON IN QUESTION.
HE'S IN A GROUP HOME DOWN IN HOLIDAY, FLORIDA FOR OVER A MONTH NOW.
I ONLY CAN ONLY CONTACT HIM THROUGH FACEBOOK, FACETIME OR ZOOM.
AND IT'S NOT JUST HIMSELF BECAUSE OF BEING US.
WITH US FOR ABOUT SINCE ALL HIS LIFE.
AND I'VE BEEN A HOUSE DAD FOR SIX YEARS, TAKING CARE OF HIM WHILE HIS MOTHER WAS AT WORK.
SO BASICALLY I'M BONDING WITH HIM MORE PER SE.
SO BASICALLY LONG STORY SHORT.
BASICALLY. BEEN WITH HIM LIKE A HOUSE THAT.
AND WE ALL KNOW FINAL PHASE RIGHT NOW WITH THE FUNDS COMING IN.
AND WE JUST HAVE TO BASICALLY SEND THE LAST CHECK TO THEM.
ONCE THAT IS WAS ENDORSED AND SENT BACK TO THE LENDER, WE GET IT BACK.
THE AMOUNT IS GIVEN TO THE CONTRACTOR THAT WE HAVE THE CONTRACT WITH.
THEN THE REPAIRS WILL START THIS MONTH WITHIN THIS MONTH ITSELF.
HAVE THEY TOLD YOU HOW LONG IT'LL TAKE TO I MEAN THIS LOOKS LIKE A LOT OF WORK.
BECAUSE I SPOKE TO HIM LAST WEEK AND HE SAID MY WIFE GIVE, GIVE, GIVE HIM 4000, 4000.
NOT ENOUGH. BUT THE LAST CHECK THAT WE SAID WAS THE PERSONAL ONE THAT THEY THAT THE THE CARLOS CARDENAS LAW GROUP FROM FLORIDA, FROM MIAMI SAID THAT WE NEED A PERSONAL CHECK.
WHO DID WE WERE TO RECEIVE IT.
THEY DID. BUT THAT IS COMING BACK TO US.
AND THOSE ARE THE BANK THEY SEND IT BACK AGAIN TO.
FROM THAT POINT, EVERYTHING IS FINALIZED.
THEN ONCE THAT IS DONE, WE CAN SEND TO THE CONTRACTOR TO EVERYTHING.
[00:15:01]
BUT DID THE CONTRACTOR SAY HOW LONG THE WORK WILL TAKE ONCE HE BEGINS? ONCE WE GIVE HIM THE WHOLE AMOUNT, HE DIDN'T SAY SO.ONCE YOU HAVE IT, THEN IT WILL LET US KNOW.
BUT WITHIN THE MONTH OF THIS MONTH ITSELF, HE SAYS, Y TO US FROM FROM ACTUALLY BEGINNING THE WIRING WAS BANYANKOLE. THE THE BANK IT SAYS THAT THE WIRING STOP FIRST, THEN HE SAYS HE KNOWS. HE SAYS BEEN DOING THIS WORK FOR FOR 40 YEARS.
THE REST OF THE HOUSE WILL GET IN.
THEN WE'LL PAY THE REST OF THE HOUSE.
SO HE SAID, WELL, DO I NEED IS NEEDED TO DO BE DONE IN THE HOUSE.
AFTER THE WIRING TO GET US IN CERTIFICATE OF OCCUPANCY.
THEN ONCE WE GET IN, THEN WE'LL PAY THE REST OF THE HOUSE.
BUT HE DIDN'T TELL US UNTIL WE GIVE HIM THE THE THE FUNDS.
RIGHT. BUT I'M JUST I'M ASKING SPECIFICALLY, HAS HE GIVEN YOU A TIMELINE? NOT YET. UNTIL UNTIL.
AFTER WE ADDRESS THE CHECK AND SEND BACK TO THEM.
THE LENDER OWES YOU ABOUT THIS.
I DON'T DO. I DON'T HAVE THIS ON MY IN MY PACKAGE, DO I? OKAY. OKAY.
SO IS THERE HOW MANY VIOLATIONS ARE THERE? IS THIS JUST THE ONE VIOLATION OR.
JUST OKAY, SO IT'S JUST THE ONE VIOLATION.
BUT THEY HAVE. YES, THE ONE BELOW.
OKAY, SO THERE'S TWO THINGS THEY NEED TO DO.
THE WIRING WILL BE FIXED FIRST.
THAT'S WHAT THIS F CAME, TOOK US OUT, EVICTED US OUT OF THE HOME, THEN THE WATER SNAKES.
ONCE WE'RE IN, THEY WORK AROUND US TO GET THE REST OF THE HOUSE DONE.
THEN WE PUT THE HOUSE IN THE MARKET FOR FOR FOR SALE AND GO UPON THE REST.
WHAT WE NEED TO DO AFTER THAT.
OKAY. SO SO YOU'VE GOT A PLACE TO LIVE RIGHT NOW.
FOR ME PERSONALLY. WHY NOT? WE CAN RE SEPARATED.
I LIVE IN A RENTAL HOME IN GRANDVIEW AREA, SOUTHEAST PALM BAY.
OKAY? BECAUSE, I MEAN, I CAN GIVE YOU AN EXTENSION.
YEAH, TO COMPLY, BUT I CAN'T, YOU KNOW, LET YOU I THE LACK OF A CERTIFICATE OF OCCUPANCY IS NOT.
YOU'VE SAID THAT REPAIRS CAN START THIS MONTH.
THIS MONTH? YES. IT COULD BE A WEEK FROM NOW.
SO I, I'M GOING TO GRANT YOU AN EXTENSION.
SO I'M KIND OF TAKING A GUESS AT THIS, AND I'M GOING TO GIVE YOU A 90 DAY EXTENSION.
IT SOUNDS LIKE THIS LOOKS LIKE PROBABLY MORE THAN TWO MONTHS OF WORK.
SO. IF YOU SO YOUR NEW EXTENSION DATE WILL BE OR YOUR NEW DEADLINE WILL BE JULY 9TH, 2024.
AND IT'LL BE A $50 A DAY FINE FOR EVERY DAY THAT THE PROPERTY IS NOT IN COMPLIANCE AFTER THAT.
OKAY. AND IF YOU'RE MAKING SUBSTANTIAL PROGRESS AND IT LOOKS LIKE IT LOOKS LIKE GOOD FAITH EFFORT HAS BEEN MADE TO GET THIS HOUSE BACK IN COMPLIANCE, THEN, YOU KNOW, WE CAN TALK ABOUT ANOTHER EXTENSION IF YOU NEED IT.
THANK YOU. THANK YOU VERY MUCH.
[00:20:10]
OKAY. THE CITY IS REQUESTING THAT THE CODE ENFORCEMENT SPECIAL MAGISTRATE FIND THE REMAINING CASES LISTED IN THE AUTHORIZATION TO IMPOSE FINES, REPORT IN NONCOMPLIANCE FOR THE PERIOD STATED ON THE REPORT, AND IMPOSE THE FINES LISTED ON THE REPORT.I FIND ALL THE RESPONDENTS CASES LISTED IN THE AUTHORIZATION TO POST FINES REPORT AND NONCOMPLIANCE FOR THE PERIOD STATED ON THE REPORT AND IMPOSE THE FINES AS LISTED ON THE REPORT DATED APRIL 10TH, 2024.
[OLD BUSINESS]
WE DO HAVE ONE OR BUSINESS CASE.IT IS CB 2451324 AT 1758 TRADEWINDS AVENUE SOUTHEAST.
AND THE CODE OFFICER IS PHILIP CONTINENT.
I HAD A FEELING THIS ONE WAS GOING TO COME UP.
PHIL CLENDENEN, CODE ENFORCEMENT OFFICER WITH CITY OF PALM BAY.
THE VIOLATION STILL EXIST? THE RESPONDENT IS NOT HERE.
I CHECKED WITH MARISSA UP IN GROWTH MANAGEMENT.
AS OF RIGHT NOW, THE THE PERMITS AND STUFF WERE DENIED.
THEY WERE SUPPOSED TO BE HERE TODAY.
NOBODY'S HERE FROM THE OFFICE.
THAT'S ALL I HAVE. I WISH THEY WERE HERE TO SPECIFY WHY IT'S BEEN DENIED, BUT SO.
YEAH. THEY'RE STILL THEY'RE STILL WORKING WITH HER.
APPARENTLY, SHE SHE NEEDS TO TURN IN SOME MORE PAPERWORK REFERENCE TO THE SHED.
BUT SHE HASN'T TURNED THAT IN YET AS OF LAST WEEK.
OKAY. AND WHEN DID THIS ALL START? THIS WAS.
AND WE'LL JUST. FILING VIOLATION, OR WHETHER I GUESS THEY'RE ALREADY BEEN FOUND IN VIOLATION, RIGHT? OKAY. OKAY.
YEAH, I GUESS WE'LL JUST FIND HIM.
FOR THIS FIRST VIOLATION SECTION.
25.181. IT SAYS IT WAS BUILT WITHOUT THE REQUIRED PERMIT.
IS THIS ONE AS FAR AS COMPLIANCE? IS IT JUST. THEY JUST NEED TO GET THE PERMIT? CORRECT. OKAY.
I GUESS THIS USING THE SWALE TO GAIN ACCESS TO THE PROPERTY.
SHE'S STILL DOING IT. SHE'S STILL USING THIS WELL TO GAIN ACCESS INTO THE ONTO THE PROPERTY.
YEAH. BASED ON WHERE SHE PUT IT, I DON'T SEE HOW.
I DON'T SEE WHAT ELSE SHE COULD DO.
SO THAT ONE'S NOT GOING TO CHANGE I THINK.
BUT THE SWALE ONE. I MEAN, THAT SHOULD BE.
WHAT DO YOU THINK? I AGREE OKAY.
IS THAT SOMETHING THAT WE CAN DO? IS THAT TWO DIFFERENT APPLIANCES? OKAY.
SO FOR THE FIRST VIOLATION THAT'S THE THE PERMIT REQUIRED.
LET'S WE'LL GIVE THEM 30 DAYS TO COMPLY WITH THAT.
SO WE'LL SET THAT COMPLIANCE DATE AS MAY 10TH, 2024.
FOR THE SECOND ONE THAT COMPLIANCE DATE SHOULD BE TODAY.
SO WE'LL SET THAT AS APRIL 10TH, 2024, AND THEN $50 A DAY FOR EVERY DAY THAT IT'S NOT VIOLATION OR FOR $50 A DAY FOR EVERY DAY IT'S IN VIOLATION PAST THE THE DATE OF COMPLIANCE.
OKAY. IS THAT FOR BOTH OF THEM? $50? YEAH. ALL RIGHT.
[00:25:08]
OKAY, MOVING ON TO HEARINGS.[HEARINGS]
OUR FIRST CASE IS CV 2473524.THIS IS 3292 REEF ROAD SOUTHEAST.
THE CODE OFFICER IS PHILIP CLENDENIN.
PHIL CLENDENIN, CODE ENFORCEMENT OFFICER FOR THE CITY OF PALM BAY.
DEAD TREE DEBRIS ON VACANT LOTS STILL EXIST.
THE RESPONDENT IS HERE IS REQUESTING FOR AN EXTENSION.
YEAH. MY NAME IS JEFFREY ANTOINE.
I'M JUST COME HERE FOR EXTENSION FOR 60 DAYS.
I'M JUST PULLING UP YOUR CASE REAL QUICK HERE.
HAVE YOU CONTACTED ANYONE TO CONTACT SOMEONE? OKAY. CAN YOU TELL ME ABOUT THAT? WHO'S THE, LIKE, THE CONTRACTOR OR WHAT'S THE PLAN? YEAH, CONTRACTOR. I SAID HE GOT JUST.
AND DID HE TELL YOU HOW LONG THE WORK WILL TAKE? YEAH. HE TOLD ME HE DID.
WELL, NOW YOU SAY MAYBE TWO MONTHS.
YOU KNOW, THREE MONTHS. SOMETHING LIKE THAT.
OKAY. AND AS FAR AS, LIKE MOWING THE LAWN AND KEEPING THE WEEDS DOWN.
HAVE YOU BEEN YOU CAN STILL DO THAT AROUND THIS PILE OF TREES, I'M ASSUMING.
SO THE, THE VIOLATION THAT YOU WERE CITED FOR WAS FAILURE TO PERMIT WEEDS, GRASS OR OTHER VEGETATIVE MATTER TO EXCEED 12IN.
MY YOUR NEIGHBOR'S CONTRACTOR PUT ALL THAT STUFF THERE.
OKAY. I JUST WANT TO MAKE SURE AS FAR, LIKE, FOR THE REST OF YOUR PROPERTY, YOU CAN STILL, LIKE, FILL MOWING IT AND AND ALL OF THAT, CORRECT? YEAH. OKAY. ALL RIGHT.
DOES THE CITY HAVE ANY OBJECTIONS TO THE.
HE'S ASKING FOR 60 DAYS IS ANY.
I DON'T HAVE ANY OBJECTIONS TO IT.
ALL RIGHT, THEN WE'LL GO AHEAD AND GIVE YOU A THE 60 DAYS.
THE NEW COMPLIANCE DATE WILL BE JUNE 9TH, 2024, AND IT'S $50 A DAY FOR EVERY DAY.
THE PROPERTY IS NOT IN COMPLIANCE AFTER THAT.
OUR SECOND CASE IS CB 2471624.
THAT'S AT 725 CAMPBELL STREET SOUTHEAST.
AND THE CODE OFFICER IS EMMANUEL SOTO.
JOHNNY, CAN YOU JUST 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. COURT OFFICER ARMANDO SOTO, CITY OF PALM BAY.
THE VIOLATIONS ON THE PROPERTY ARE STILL THE SAME.
THE ONLY ONE THAT'S ACTUALLY CAME INTO COMPLIANCE WAS THE RUBBISH IN THE GARBAGE.
WE MY SUPERVISOR DID TALK TO HER, AND SHE TRIED TO EXPLAIN TO HER THAT IT CAME DOWN TO SIX FOOT ALL THE WAY TO THE FRONT, SO SHE'S GOING TO HAVE TO CUT IT TO FOUR TO GET IT INTO COMPLIANCE.
THE VIOLATOR IS HERE TO STAY HER CASE.
OKAY. MA'AM, IF YOU WOULD PLEASE COME UP.
GOOD AFTERNOON. GOOD AFTERNOON.
CAN YOU PLEASE STATE YOUR NAME FOR WORK? SANDRA SMITH.
I DON'T UNDERSTAND THE PROBLEM.
THIS WAS PERMITTED BY THE CITY OF PALM BAY 17 YEARS AGO.
OKAY. I JUST DON'T UNDERSTAND WHY I HAVE TO CHANGE IT NOW.
I HAVE THE ORIGINAL PERMIT SIGNED OFF BY THE CITY.
NOW I HAVE TO CHANGE IT. OKAY.
CAN I SEE THE PERMIT, PLEASE? THANK YOU.
[00:30:21]
SO. SO THIS FENCE IS 17 YEARS OLD AND IT'S BEEN IT WAS PERMITTED.WE'RE MILITARY, SO WE BELIEVE IN DOING EVERYTHING A, B, C, D YOU DO IT LIKE YOU'RE SUPPOSED TO DO IT, RIGHT? AND WHEN WAS THE WHEN WAS THE CODE CHANGED? BECAUSE I ASSUME THIS WOULDN'T HAVE GOTTEN A PERMIT IF IT WASN'T IN COMPLIANCE AT THE TIME.
WAS THAT TWO YEARS AGO? FOUR YEARS AGO? FOUR YEARS AGO. OKAY.
I HAVE GONE TO EVERYBODY ON MY STREET AND ASKED THEM, DO YOU HAVE A PROBLEM WITH MY FENCE? NOBODY HAS A PROBLEM WITH MY FENCE.
OKAY. THEY JUST BUILT TWO HOUSES AT THE END OF OUR STREET.
THEIR FENCE IS EIGHT FEET FROM THE ROAD.
I DON'T THINK THE ISSUE IS NOT THE PLACEMENT OF THE FENCE.
OKAY. I REMEMBER WE HAD AN ISSUE LIKE THIS LAST YEAR, I BELIEVE.
YES. VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.
FRANK, WE HAD ONE ON 900 DAYTONA.
AND I EXPLAINED TO THIS LADY, THERE WAS THE SAME THING.
IT'S UNFORTUNATE THAT IT WAS A PERMIT THAT WAS SIGNED OFF AND APPROVED.
OH, I'M SO SORRY. YOU HAVE TO CHANGE IT.
I MEAN, YEAH, I, I HAVE A PROBLEM WITH THAT TOO.
I MEAN, THIS SEEMS LIKE THIS WOULD BE SOMETHING THAT SHOULD BE GRANDFATHERED IN IF SHE HAD A PERMIT.
THAT WAS. I MEAN, SHE SHE FOLLOWED ALL THE RULES 17 YEARS AGO.
AND IT'S NOT LIKE I MEAN, THIS ISN'T I MEAN, THIS IS A SEMI-PERMANENT STRUCTURE.
IT'S NOT LIKE, YOU KNOW, CHANGING.
COLOR OF YOUR HOUSE OR SOMETHING LIKE THAT.
OVER HERE. I ACTUALLY HAVE WENT AND MARRIED THE LOT SINCE BECAUSE HE SAID I COULDN'T PARK OUR TRUCK ON ONE OF MY PROPERTIES.
I'M WAITING ON A PAPER FROM THE VA AND I'M GOING TO GO DOWN TO THE CITY.
BUT I HAVE TO WAIT BECAUSE THE TAXES ARE GOING TO BE EXORBITANT.
I MEAN, ALREADY I'M $1,200 JUST BY MARRYING THE OTHER PROPERTY.
OKAY? CAN WE JUST HOLD IT UP? I'LL GO THROUGH IT.
OKAY. YEAH, I THINK I THINK THAT'S A BETTER IDEA IS TO IS TO TABLE IT FOR NOW BECAUSE I WANT TO TAKE A LOOK AT THE CODE TOO, BECAUSE I HAVE I JUST HAVE A PROBLEM FINDING HER IN VIOLATION.
YEAH. IT WAS A CHANGE THAT WAS MADE BY COUNCIL.
AND I THINK IT'S AFFECTING A LOT OF PEOPLE THAT ARE ON THOSE CORNER.
LOTS. YEAH, I MEAN, COMING UP TO THE STOP SIGN OR WHATEVER IS DIFFICULT FOR PEOPLE TO SEE WITH THE.
SO I'LL LOOK INTO THAT AND SEE.
YEAH. BECAUSE I MEAN, IF IF SHE HAD BUILT THE FENCE OUT OF CODE AFTER THE CHANGE, I'D HAVE NO PROBLEM TELLING HER SHE HAD TO REMOVE IT OR CUT THE FENCE DOWN OR SOMETHING LIKE THAT. BUT SINCE IT WAS, SHE WAS IN COMPLIANCE.
AND THEN THE CITY CHANGED ON HER.
AND JUST SO THIS THIS IS THE SAME SCENARIO THAT HAPPENED WITH 900 DAYTONA.
THEY STARTED BUILDING THE FENCE.
AND THEN THEY WERE FOUND IN VIOLATION.
THEY HAD THE PERMIT SIGNED BY THE CITY.
BUT THAT WAS WAS THAT DURING CONSTRUCTION OF THE FENCE? YES. OKAY.
[00:35:02]
YEAH. SO TO ME THAT'S A LITTLE BIT DIFFERENT BECAUSE HERE THE FENCE IS ALREADY THE FENCE IS BEEN IN PLACE.THERE WAS, THERE WAS ONE WHEN I MAYBE IT WAS ALMOST TWO YEARS AGO WHEN I FIRST STARTED WORKING HERE THAT WE, WE DIDN'T FIND A GUY IN COMPLIANCE OR IN VIOLATION BECAUSE HIS FENCE HAD PREDATED THE, THE THE ORDINANCE.
AND I FEEL LIKE THAT THIS COULD BE THAT SAME SITUATION.
BUT. I WANT TO GIVE THE CITY A CHANCE TO, YOU KNOW.
SO WE'LL SO WE'LL TABLE THIS ONE TILL NEXT MONTH.
SO HERE IS THIS IS OUR PRIMARY STRUCTURE.
AND SEE. HERE'S THE FRONT OF IT.
SO THIS. THIS PART SHOULD NOT BE SIX FOOT.
IT'S MINE. YOU GUYS DON'T HAVE A COPY? THE GOD GIVEN. I'M TELLING YOU, IT FELL OUT OF THE CABINET THAT THEY SHOULDN'T HAVE BEEN IN.
AND IT'S LIKE, THANK YOU, JESUS.
YOU WANT TO PURGE? YES. AND SO THIS IS YOU GUYS DON'T HAVE THIS.
YEAH, I JUST WENT OVER THE LAST.
AND. SO I WENT THERE AND THAT'S WHEN THEY CREATED THIS FOR ME.
WHEN I WAS THERE. OKAY, I'LL GO TO THE CLUB.
THANK YOU. OUR NEXT CASE TO BE HEARD IS CB (247) 222-4550 GARVEY ROAD, SOUTHWEST.
THE CODE OFFICER IS LISA WEGLEIN.
THE VIOLATIONS ON THE PROPERTY STILL EXIST.
THIS IS A CASE THAT CAME FROM LAND DEVELOPMENT.
I WAS BROUGHT TO THEIR ATTENTION.
SO THIS IS A OVER AN ACRE PROPERTY THAT HAS NOT PULLED THE PROPER PERMITS.
IT IS FOLLOWING PROTOCOL AND THEY ARE SEEKING $500 A DAY UNTIL THE VIOLATION IS IN COMPLIANCE.
AND THIS IS DOLLAR GENERAL BUILDING A BUILDING, A STORE THERE AND THEY HAVEN'T GOTTEN CORRECT.
YOU WOULD THINK WITH AS MANY AS THERE ARE, THEY WOULD KNOW PROPER PROTOCOL.
YES. THERE IS ANYBODY HERE FROM.
SHE WAS A LAND DEVELOPMENT DIVISION.
PLANS. PERSON I DON'T KNOW HER EXACT TITLE, BUT SHE SAYS THEY DO NOT HAVE THE STAMP TO PROVE CITY PLANS, NOR DO I HAVE A PRE SITE WORK MEETING APPLICATION AND I HAVE NOT ISSUED A SITE WORK PERMIT YET.
OKAY, SO AS OF YESTERDAY THERE'S NOTHING.
AND YOU SAID THE FINES ARE ACCRUING AT $500 A DAY ALREADY.
NO, THEY'RE SEEKING TO. OH THEY'RE SEEKING TO $500 A DAY INSTEAD OF THE STANDARD $50 A DAY.
I'M FINE WITH THAT. I MEAN, I SHOULD KNOW BETTER THAN OKAY, SO THEY'RE NOT.
[00:40:06]
SO FINDING THEM IN VIOLATION AND SET THE COMPLIANCE DATE IS TODAY, I BELIEVE.WE DO HAVE A FEW CASES THAT HAVE COME INTO COMPLIANCE.
THOSE CASES ARE CV 24701-24 WITH 2197 PAOLI DRIVE NORTHEAST CV 24704-24 AT 1067 HEATH AVENUE.
NORTHWEST 24717-24 2695 MAHIMA MAPUTO AVENUE, SOUTHWEST CV 2471824 AT 8017.
GABLES CIRCLE SOUTHEAST 24720.
DASH TWO FOUR AT 1055 WELLINGTON STREET, SOUTHWEST 2472324 1307 HARWICK STREET.
SOUTHWEST 24724248 51 CARLISLE AVENUE SOUTHEAST AND 2472624 AT 394 SHERMAN STREET SOUTHEAST.
24732-24 AT 165 GATE STREET, SOUTHWEST.
2475924. 2041 OGURA CIRCLE SOUTHEAST.
24760242235 JUPITER BOULEVARD.
THE FOLLOWING CASES ON THE PER DAY FINE.
AGENDA ITEMS ONE THROUGH 34, IF NOT PREVIOUSLY HEARD ON THE PER DAY FINE AGENDA 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 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 DENYING 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 SET A DAILY FINE TO BE IMPOSED IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE BY THE COMPLIANCE DATE.
THE FOLLOWING CASES ON THE SET.
FIND AGENDA ITEMS ONE THROUGH 17, IF NOT PREVIOUSLY HEARD, WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY IN THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
THE RESPONDENTS ARE NOT PRESENT TO BE HEARD IN THE CASES HAVE NOT COME TO 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 BY THE COMPLIANCE DATE.
THE CITY ALSO REQUESTS THAT THE SPECIAL MAGISTRATE OK SORRY, 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 APRIL 20TH, 2024, 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 SET.
FIND AGENDA ITEMS 18 THROUGH 34 NOT PREVIOUSLY HEARD WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY IN THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.
THE CITY REPRESENTS THAT 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, ASSUMING 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 SEND A REASONABLE TIME FOR COMPLIANCE AND IMPOSE A FLAT FINE.
[00:45:04]
IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE BY THE COMPLIANCE DATE, I FIND THAT ALL THE RESPONDENTS IN THE CASE IS LISTED BY THE SECRETARY ARE IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENT OF VIOLATION.THE RESPONDENTS IN THE CASE IS LISTED HAVE UNTIL APRIL 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 PER VIOLATION.
WE'LL ADJOURN FOR TODAY AT 155.
* This transcript was compiled from uncorrected Closed Captioning.