[00:00:03]
I'D LIKE TO CALL TO ORDER THE MEETING OF THE SPECIAL MAGISTRATE FOR.
[CALL TO ORDER:]
APRIL 17TH, 2024.THIS IS A QUASI WHAT WE CALL A QUASI JUDICIAL HEARING, WHICH MEANS THAT THE APPLICANT WILL COME FORWARD AND PRESENT THEIR EVIDENCE OR ARGUMENT AS TO WHY THE LIEN SHOULD BE REDUCED.
AND I'LL NOW TURN IT OVER TO THE CLERK TO HAVE EVERYBODY WHO'S GOING TO TESTIFY TO BE SWORN IN.
[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.OH, SORRY, MR. BIDDLE, YOU WANT TO DO THE MINUTES OR AT THE END? NO, JUST DO THESE. OKAY.
OUR FIRST TWO ITEMS ON THE AGENDA WILL BE PHONE CONFERENCES.
[PETITION FOR RELIEF:]
GOOD AFTERNOON. GOOD AFTERNOON, ALEXIS BETANCOURT, ON BEHALF OF DIAZ AND AFFILIATES FOR THE PROPERTY OWNERS.THE PROPERTY OWNERS FOR THIS ARE A LARGE COMPANY, UNFORTUNATELY, DEALING WITH A LOT OF TENANTS THAT DON'T RECTIFY CODE VIOLATIONS AS QUICKLY AS A TRADITIONAL HOMEOWNER WOULD. THEY WERE HAVING ONGOING ISSUES WITH THESE TENANTS, DID WHAT THEY COULD, BUT HAD THEIR HANDS TIED BEHIND THEIR BACKS.
SEEING AS IT WAS IN A LIFE SAFETY ISSUE, THEY CAN ONLY PUSH SO MUCH.
EVENTUALLY, ONCE THE TENANT WAS REMOVED, THEY MOVED AS QUICKLY AS THEY COULD TO RECTIFY THE ISSUE.
SO THEY'RE ASKING TODAY FOR A REDUCTION IN THESE FINES.
BUT FROM WHAT I HAVE HERE, THEY WERE AT 23,008, 63, 51.
WE WERE HOPING TO HAVE THIS REDUCED TO ABOUT $1,500.
OKAY. WHEN YOU SAY THE TENANTS WERE REMOVED, WAS THERE AN EVICTION FOR THEM OR.
NO, IT WASN'T A FORMAL EVICTION.
IT WAS A BACK AND FORTH OVER SOME TIME, AND THEN EVENTUALLY THEY WERE NOT ALLOWED TO RENEW.
OKAY, WHAT'S THE CITY'S POSITION REGARDING THIS? AND PLEASE IDENTIFY YOURSELF FOR THE RECORD.
VALERIE PARR, ZINS CODE COMPLIANCE DIVISION MANAGER.
AND WE'RE ALSO ASKING FOR 13% OF THE TOTAL LIEN, WHICH COMES OUT TO $3,102.25, PLUS THE ADDITIONAL 750 ADMIN, FOR A TOTAL OF $3,852.25.
OKAY. DO YOU HAVE ANY RESPONSE TO THE CITY'S POSITION? NO, I MEAN, I UNDERSTAND, DO WE HAVE A TIME FRAME AS TO HOW LONG THEY WOULD HAVE TO PAY THIS? NORMALLY, IT'S 30 DAYS.
OKAY. IF THAT'S AN ISSUE, LET ME KNOW.
BUT NORMALLY, THAT'S WHAT WE PUT IN THE ORDERS IS REDUCED IN 30 DAYS.
IT SHOULD BE. I'LL TELL THEM TODAY.
SO HOPEFULLY THEY CAN GET THIS PROCESSED BY THE END OF TODAY.
I DON'T KNOW IF I'M GOING TO GET TO IT TODAY, BUT PROBABLY BY NO LATER THAN FRIDAY OR MONDAY ANYWAY.
YOU TOO. OUR NEXT ITEM OR CASE TO BE HEARD IS ITEM NUMBER FOUR AT CB 2383523 AT 440 TRUMAN STREET SOUTHWEST.
GOOD AFTERNOON. I'M A HOME BUILDER.
CAN YOU IDENTIFY YOURSELF? SORRY. I'M MATT KERSTING.
WE DECLINED THAT INITIALLY, AND HE PROCEEDED TO START TO OR PARK HIS TRUCKS AND OTHER VEHICLES AND
[00:05:06]
PERHAPS, YOU KNOW, LEAVE STUFF ON THE LOT.WE WERE NOTIFIED BY CODE ENFORCEMENT.
THERE ARE VEHICLES ON THIS LOT.
I WENT OVER THERE, KNOCKED ON THE DOOR, SENT LETTERS, ALL THE ABOVE.
THE VEHICLES WERE MOVED AND AND BASICALLY HE RESPONDED THAT.
THE CITY CONTINUED TO FINE US, I BELIEVE $50 A DAY.
I WAS GIVEN ANOTHER NOTICE OF THE VEHICLES.
WERE THERE AGAIN, THESE ARE NOT MY VEHICLES OR ANYTHING TO DO WITH MY COMPANY.
SO WE SENT THIS GENTLEMAN MULTIPLE LETTERS ON AND ON.
LONG STORY SHORT, THE WAY I SEE IT, HE WAS.
BASICALLY HARASSING US, KNOWING THAT HE WAS CAUSING.
HE WAS THE ONE CALLING CODE ENFORCEMENT ON HIMSELF IN ORDER TO HARASS US.
IT COMES TO OUR ATTENTION AND.
DUE TO OTHER CIRCUMSTANCES, I HAD DECIDED RECENTLY TO SELL THIS PROPERTY BACK TO THE INDIVIDUAL.
WELL, NOW THERE ARE ACCUMULATED CODE ENFORCEMENT LIENS AND I'M NOT GOING TO PAY THOSE, OR I'M NOT WILLING TO PAY THOSE IN ORDER TO CLOSE AND SELL THIS PROPERTY BACK TO HIM.
WE ALSO RESPONDED TO PALM BAY CODE ENFORCEMENT PROMPTLY OURSELVES.
SO I'M ASKING FOR A FULL REDUCTION IN THE LIENS.
I WISH TO SELL THIS PROPERTY BACK TO THE NEIGHBOR AND MOVE ON.
OKAY. AND WHAT'S THE CITY'S POSITION? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.
WELL, WE'RE LOOKING AT 14% OF THE TOTAL, WHICH COMES OUT TO $1,684.22 WITH THE ADDITIONAL 750.
AND WHAT? WHAT WAS THE TOTAL? OF THE LEAN $12,030.13.
OKAY. AND THERE'S NOTHING THAT CAN BE DONE ABOUT THAT.
THAT'S WELL, I HAVEN'T DECIDED THAT I AGAIN, AS I INDICATED AT THE BEGINNING, YOU PRESENT YOUR CASE, THEY ANSWER AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND TO WHAT THE CITY PRESENTS. UNDERSTOOD.
DO YOU HAVE ANYTHING YOU WANT TO ADD? I WOULD, I DON'T REALLY HAVE AN ISSUE PAYING AN ADMINISTRATIVE FEE TO GET THIS RESOLVED, BUT I JUST DON'T FEEL AS THOUGH I SHOULD.
HAVE TO PAY LEAN ON A PROPERTY THAT I'VE KEPT.
YOU KNOW, I OWN TONS OF LOTS, AND WE KEEP THEM ALL UP TO CODE IN PRISTINE CONDITION.
SO I DO HAVE, LIKE, A LITTLE BIT OF ISSUE WITH HAVING TO PAY $2,000 TO JUST SELL THE PROPERTY THAT I'VE WHO WHO WAS THE NEIGHBOR? HIS NAME IS I WANT TO SAY IT'S DEREK, BUT I DON'T KNOW HIS LAST NAME OFF THE TOP OF MY HEAD.
I WASN'T PREPARED TO COME IN HERE WITH A WHOLE FILE ON IT.
OKAY. YEAH. I JUST WANTED TO KNOW IF YOU KNEW.
DO YOU HAVE IN YOUR FILE? WHO ACTUALLY MADE THE COMPLAINT? BUT ADDITIONALLY, I WENT OUT THERE AND RIGHT AFTER THE INITIAL COMPLAINTS AND TOOK PHOTOGRAPHS MYSELF, WHICH I DO HAVE ON MY PHONE, I BELIEVE STILL, YOU KNOW, EVERY TIME I GO OUT THERE AFTER THE CITY WOULD CONTACT ME.
NOTHING WAS THERE, YOU KNOW, BECAUSE THE PERSON WAS DRIVING HIS TRUCK.
THERE'S EVIDENCE, OF COURSE, WHICH EVEN THE CODE COMPLIANCE WOMAN I SPOKE TO, I FORGET HER NAME.
LISA. LISA? YES? THERE'S EVIDENCE THAT YOU CAN SEE THE TIRE TRACKS TO HIS PROPERTY.
SO IT'S IT'S VERY CLEAR EVEN TO HER THAT THAT WAS THE CASE.
SO AGAIN, IT'S NOT IT'S NOT MY I CAN'T CONTROL WHAT HAPPENS IN THIS SITUATION.
AND AND, YOU KNOW, WE'RE JUST TRYING TO BUILD HOMES.
YEAH. IT DOESN'T SAY IN THE FILE.
WE CAN MAKE A CALL OVER THERE AND FIND OUT.
ALL THEY GOTTA DO IS PULL UP THE CASE AND SEE WHO MADE THE COMPLAINT.
IF IT WAS A COMPLAINT OR ROUTINE PATROL.
IT DOESN'T SAY IN THE ACTUAL PAPERWORK.
IF YOU WANT, WE COULD CALL OVER THERE.
WELL, I THINK I'M INCLINED NOT TO.
[00:10:03]
I MEAN, IF IT WAS IN FACT THE NEIGHBOR THAT CALLED.TO FILE THE COMPLAINT. I HAVE A CONCERN ABOUT DOING THAT.
SO CAROL, CALLING 5630 IS LISA.
IT'S KIND OF A CONUNDRUM BECAUSE HE'S BENEFITING BY A REDUCTION TO.
WELL, I GUESS THAT WE'RE IN A CONUNDRUM.
YOU KNOW, I'VE SPOKEN. I UNDERSTAND, I'M JUST MAKING AN OBSERVATION.
SO YOU KNOW, WE DID OVER $20,000 WORTH OF IMPROVEMENTS TO THE LOT.
SO I'M NOT ABLE TO JUST WALK AWAY AND TAKE A.
MR. BEADLE. YES, THAT WAS A ROUTINE PATROL BY LISA WEGGELAND.
I'M GOING TO REDUCE THE FINE TO $1,000.
I'M TAKING INTO CONSIDERATION EVERYTHING YOU SAID, BUT IT APPEARS THAT IT WASN'T GENERATED.
THE COMPLAINT WASN'T GENERATED BY THE PERSON CAUSING THE PROBLEM.
SO I'M GOING TO GRANT THAT AND GIVE THEM A LITTLE BIT MORE.
SO I'M JUST GOING TO ENTER ORDER FOR $1,000.
TO PAY. THAT WORKS FOR ME OKAY OKAY.
THANKS. IN ORDER TO THAT EFFECT.
ONE'S THE CLOSING YOU'RE SUPPOSED TO HAVE.
I MEAN, AS SOON AS YOU GUYS CAN PROVIDE ME WITH DOCUMENTATION.
OKAY. THAT'S WHAT I'M TRYING TO FIND OUT.
IF THERE WAS. I JUST WANTED TO KNOW IF THERE WAS A DATE THAT'S ALREADY A TIME.
CERTAIN OR NOT, THAT'S WHAT I WANT TO MAKE SURE.
THE ANSWERS I'VE HAD AT THIS CLOSING.
COMPANY FOR TWO MONTHS NOW SO I CAN CLOSE TECHNICALLY.
SO. YEAH, AS SOON AS POSSIBLE.
OUR NEXT CASE TO BE HEARD IS ITEM NUMBER FIVE ON THE AGENDA.
CB 2236421 AT 1542 TROJAN STREET, SOUTHEAST.
WHAT ARE YOU DOING? GOOD AFTERNOON.
I'M HERE TRANSLATING FOR HARRY GOMEZ.
HE'S THE OWNER OF 1542 AND 1538 CHILDREN STREET.
AND WHAT WAS YOUR NAME AGAIN? ELENA ORTEGA.
I'M HERE TO TRANSLATE FOR HIM.
I DIDN'T HEAR YOUR FIRST NAME.
OKAY, SO WE'RE HERE TODAY BECAUSE HE IS IN THE PROCESS OF SELLING BOTH LOTS.
AND IT CAME ABOUT THAT THERE'S A LIEN ON BOTH OF THEM.
AS SOON AS HE BECAME AWARE OF THAT, HE WENT AHEAD AND RECTIFIED THE ISSUE.
HE RECTIFIED THE PROBLEM, AND IT'S UNDER THE ASSUMPTION THAT MAYBE THIS WAS NEIGHBORS OR SOMEONE WAS DUMPING DEBRIS AND TRASH AT THE LOCATIONS. AND HE WAS OUT OF TOWN.
HE OBVIOUSLY DOESN'T LIVE IN THE AREA.
AND DIDN'T RECEIVE ANY NOTIFICATION IN REGARDS TO WHAT WAS HAPPENING IN HIS PROPERTY.
SO AS SOON AS HE BECAME AWARE OF IT, HE WENT AHEAD AND DID WHAT HE HAD TO DO.
SO HE'S HERE TODAY TO TRY TO RECEIVE THAT REDUCTION, AT LEAST FULL REDUCTION IF POSSIBLE, SO HE CAN GO AHEAD AND MOVE FORWARD WITH HIS TRANSACTIONS THIS WEEK.
OKAY. LET ME ASK A COUPLE OF QUESTIONS.
[00:15:01]
WHERE DOES MR..WHERE DOES MR. GOMEZ RESIDE? DAVENPORT. OKAY, JUST SO YOU KNOW, THE ORIGINAL PAPERWORK WAS SENT TO AN ADDRESS IN DAVENPORT.
OR AT LEAST IT LOOKS THAT WAY.
SO THE CITY'S OBLIGATED BY STATUTE TO SEND THE NOTICES OUT BEFORE THE CODE ENFORCEMENT BOARD OR THE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARD THE CASE TO IMPOSE THE LIEN IN THE FIRST PLACE.
SO HE WOULD HAVE GOTTEN NOTICE OF THAT.
HE. HE NEVER DID BECAUSE HE WAS OUT OF TOWN.
OKAY. HE ONLY BECAME AWARE OF IT THROUGH THE TITLE COMPANY. WHEN GETTING READY TO CLOSE IT, THERE WAS A I UNDERSTAND THAT UNDERSTAND THAT PART.
HOW LONG WAS HE OUT OF TOWN FOR? AFUERA. NO MORE THAN A YEAR.
THESE ARE. FROM JANUARY OF LAST YEAR.
WELL, THESE NOTICES WENT OUT IN 2021.
YEAH. HE SAID IT'S BEEN IT WAS MORE THAN A YEAR THAT HE WAS OUT.
I MEAN LAST YEAR IN 2021 IS, YOU KNOW, OVER TWO YEARS.
SO THAT'S WHY I'M ASKING THE QUESTION.
YOU KNOW, HE SAID THAT AT THAT TIME HE HAD CLEANED IT AND THEN HE LEFT.
ONE. WHEN WAS IT THAT HE ACTUALLY CLEANED THE LOTS? MOST RECENTLY.
TWO LIMPIAR EL TERRENO FUE AHORA PERO ANTERIORMENTE CUANDO YO TENIA LIMPIANDO.
SO THE MOST RECENT WAS JUST NOW RECENTLY THE BEGINNING OF APRIL, END OF MARCH.
BUT BEFORE THAT HE HAD THEM CLEANED UP EVERY 3 TO 4 MONTHS.
OKAY. AND WHAT'S THE CITY'S POSITION? VALERIE PARR, ZINS CODE COMPLIANCE DIVISION MANAGER.
JUST FOR THE RECORD, THAT BOTH PROPERTIES WERE POSTED BECAUSE THE MAILINGS DID COME BACK.
THE PROPERTY WAS IN VIOLATION FOR ALMOST THREE YEARS, ACCORDING TO THE THE NOTES IN HERE.
AND THERE IS NO OBJECTION TO THE REDUCTION OF THESE LIENS.
WE'RE LOOKING FOR 11% ON EACH OF THEM.
THE FIRST ONE IS $45,720.91 AT 11%.
WITH THE 750 COMES OUT TO A TOTAL OF $5,779.30.
WE'RE ASKING FOR 11% OF THE $45,972.40, ALONG WITH THE ADMIN COMES OUT TO $5,806.96.
WHAT WAS THE TOTAL COUNT? 5000? THERE'S TWO OF THEM.
YEAH. SO THE FIRST ONE, WE WERE REQUESTING $5,779.30, AND THEN THE SECOND ONE WAS $5,806.96.
DO YOU HAVE ANY RESPONSE TO THE CITY'S POSITION? AND I'M GOING TO WIN. THAT'S THE LEAST THAT IT CAN BE REDUCED.
WELL, I MEAN, I HAVEN'T RULED YET.
THAT'S WHAT THE CITY IS ASKING FOR.
[00:20:09]
YO. YO LA RECIBIERON PARA ATRAS.I'M GOING TO ENTER ORDERS IN THE TWO CASES, REDUCING THE FINES.
THESE ARE BOTH VACANT LOTS, AND THEIR VALUE LISTED FOR BOTH OF THEM IS.
AND THE CITY'S REQUESTED LANE REDUCTION AMOUNT IS IN EXCESS OF 20% OF BOTH OF THOSE.
AND. I'M NOT GOING TO GIVE THEM ALL OF THAT.
TO. ACTUALLY, I'LL JUST DO THE SAME ONE.
I'M GOING TO REDUCE IT TO $2,600 IN EACH CASE.
SO THE TOTAL IS GOING TO BE $5,200 FOR BOTH.
THAT'S THE TOTAL FOR THE TWO OF THEM.
I'M GOING TO REDUCE IT TO $2,600 IN EACH OF THE TWO CASES.
OKAY, SO THAT'S A TOTAL OF $55,200.
SO AT LEAST I CAN TOTAL LO PUEDES REDUCIR LAS CINCO MIL.
WE THOUGHT, OKAY, AND IT'S GOING TO BE NEEDS TO BE PAID IN 30 DAYS.
IS THAT SUFFICIENT TIME? OKAY, THEN I'LL ENTER ORDER TO THAT EFFECT.
SO WOULD THAT BE TODAY IF HE'S TRYING TO CLOSE THIS WEEK? OR I WILL TRY, I DON'T.
MY SCHEDULE MAY NOT ALLOW ME TO GET IT DONE BY FRIDAY, BUT I'LL TRY AND GET IT DONE BY FRIDAY.
THE INSTRUCTIONS ON HOW TO PAY AND ALL OF THAT.
SO COMO HACER EL PALO ALTO DE HACER ES EL.
NORMALLY THAT'S WHAT THE TITLE COMPANY.
THE TITLE COMPANY WILL NORMALLY PAY IT FROM CLOSING.
OH, OKAY. AND THEY'LL SEND YOU GUYS PAYMENT.
SO THEY'LL THEY'LL PAY IT OUT OF CLOSING.
OKAY. SO. ALL RIGHT, THAT'S IT.
OUR NEXT CASE TO BE HEARD IS CB 2428223 AT 1005 FAIRPLAY AVENUE NORTHWEST.
YES, SIR. I WAS SENT HERE TODAY TO WHO ARE YOU? MY NAME IS JAVIER MARTINEZ, WITH INVITATION HOMES.
WE ARE THE OWNERS OF THE PROPERTY.
WHAT WAS THE NAME OF THAT AGAIN? INVITATION. INVITATION.
SORRY TO INTERRUPT YOU. AND WE'RE HERE TODAY TO ASK FOR THE REDUCTION ON THE FINES THAT WERE IMPOSED ON THE PROPERTY FOR TRASH COLLECTION OR HAVING TRASH IN STREET VIEW AT THE TIME THAT THESE FINES OCCUR.
SO WE WERE ADVISED BY COUNSEL TO NOT ENGAGE WITH THE RESIDENTS UNTIL EVERYTHING WAS SOLVED.
ONCE WE WERE ABLE TO GET THEM EVICTED OUT OF THE PROPERTY, THEN WE'VE GONE AND FIXED THE SITUATION.
[00:25:04]
WHEN DID YOU GET THE TENANT OUT? I AM NOT 100% SURE.WHEN DO YOU HAVE ANY IDEA WHEN THE VIOLATIONS WERE REMEDIED? THE RESIDENT CONFIRMED COMPLIANCE ON NOVEMBER 16TH OF 2023.
WHO CONFIRMED THAT THE RESTAURANT THAT WE HAD IN PLACE.
SO DID THE RESIDENT TAKE CARE OF THE NEW RESIDENT? TAKE CARE OF THE PROBLEM, OR DID? YES, SIR. OKAY.
OKAY. AND WHAT'S THE CITY'S POSITION? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.
OF $750, WE'RE SEEKING 15% OF THE LEAN BALANCE OF $4,569.21. COMES OUT TO $685.38, AND WITH THE ADMINISTRATIVE FEES, THE TOTAL IS $1,435.38.
DO YOU HAVE ANY RESPONSE TO THE CITY'S POSITION? NO, SIR. IS THAT ACCEPTABLE? UNFORTUNATELY, THE HAVING RESIDENTS IN FOR RENTAL IN THE HOME, WE REALLY CAN'T CONTROL AND BE COMPLETELY STRICT.
SO AT THIS POINT, WE'RE JUST AT.
WE'LL ACCEPT YOUR DECISION, OKAY? WELL, I MEAN, PART OF MY CONCERN IS, IS I MAY HAVE BEEN WILLING TO GO A LITTLE BIT FURTHER DOWN THAN WHAT THE CITY IS ASKING FOR, BUT I HAVEN'T HEARD ANY EVIDENCE ABOUT WHEN THE REVELATIONS WERE ACTUALLY REMEDIED AND, AND, OR WHEN THE EVICTION OCCURRED OR ANY.
I DON'T HAVE ANY OF THAT INFORMATION.
SO THE CONFIRMATION OF THE EVICTION WAS ON MARCH 25TH OF THIS YEAR.
I APOLOGIZE, THE MESSAGES ARE COMING QUICKLY.
SO THE RESIDENT WAS IN COMPLIANCE.
ON NOVEMBER 16TH, WE RECEIVED A NOTICE THAT ON THE 30TH THE ISSUE WAS OUT.
AND AGAIN. SO WE WENT AHEAD AND.
CONFIRM THAT THE ISSUE WAS FIXED ON DECEMBER THE 7TH, AND WE JUST GOT CONFIRMATION AGAIN THAT THE PROPERTY IS IN COMPLIANCE AS OF THREE 25TH WITH THE NEW TENANT.
WELL, I'M JUST I'M GOING TO ENTER AN ORDER REDUCING THE FINE TO $1,435.38.
THIS 30 DAY SUFFICIENT TIME TO PAY THAT? YES, SIR. OKAY, THEN I'LL ENTER AN ORDER TO THAT EFFECT.
HAVE A GOOD DAY. GOING BACK TO ITEM NUMBER ONE ON THE AGENDA IS A PHONE CONFERENCE THAT CB 19626-19 AT 942 TURQUOISE STREET SOUTHEAST.
[00:30:09]
THIS ONE. KENNELED KENNEL.WHAT IS HIS NUMBER? OKAY. THANK YOU.
HELLO, SIR. CAN YOU HEAR US? YEAH, YOU CAN HEAR US? YES. ONE MOMENT PLEASE.
I'M GOING TO TURN THE SPEAKER UP.
OKAY. CAN YOU SPEAK AGAIN, PLEASE? YES, I CAN HEAR YOU.
HOLD ON, MR. TALBOT. OKAY. 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 I DO.
THANK YOU. MR. TALBOT, CAN YOU HEAR ME? YES. YOU'RE ON MY.
THE CITY WILL THEN PRESENT ITS CASE, AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND.
DO YOU UNDERSTAND? YES. OKAY, THEN YOU CAN PROCEED.
I HAVE RECEIVED A VIOLATION OF THE CODE FOR.
SO MY PROPERTY LOTS AND PALM BAY AT 942 SOCO STREET FOR AN AMOUNT OF $5,652.44. TODAY, I WOULD LIKE TO ASK YOU FOR REDUCE OF THE AMOUNT OF THAT 5,652.44 BECAUSE I WAS NEVER RECEIVED THE VIOLATION BECAUSE APPARENTLY.
THE THEY ARE SENDING THE THE VIOLATION TO ADDRESS MY PREVIOUS ADDRESS THAT I HAD IN PALM BAY, AND I HAD MOVED TO BOCA RATON IN 2015.
I TRULY, HONESTLY THOUGHT YOU KNOW, THE IDEAS THAT I CHANGE WITH THE CITY WAS ALL MY LETTERS THAT I CHANGED WITH THE THE POSTAL SERVICE TO FOR ALL MY LETTERS.
I THOUGHT THEY WERE GOING TO BE FORWARDING TO MY ADDRESS IN BOCA RATON, WHERE I LIVE RIGHT NOW.
BUT IT WAS NEVER OFFERED TO ME, SO I WAS NOT AWARE OF THAT.
FINE. SO THAT'S WHY I DIDN'T PAY IT.
THAT'S WHY I DID NOT BRING THE PROPERTY WITH WITH THE CODE FOR THE CITY.
OKAY. LET ME LET ME ADVISE YOU OF SOMETHING.
IS YOUR PRIOR ADDRESS 1692 LOMBARDIA LAMA, MADEIRA STREET OR DRIVE SOUTHWEST IN PALM BAY? YES. THAT'S CORRECT.
OKAY. THE REASON WHY YOU PROBABLY DIDN'T GET ANY NOTICES IS BECAUSE UNDER FLORIDA LAW, IN THIS CASE, THE CITY, BUT IT'S ANY OTHER LOCAL GOVERNMENT THAT PROVIDES NOTICES OF VIOLATIONS FOR CODE VIOLATIONS THAT THEY ARE ONLY OBLIGATED TO LOOK AT THE PROPERTY APPRAISER'S WEBSITE OR THE TAX COLLECTOR'S WEBSITE TO OBTAIN THE ADDRESS FOR THE OWNER OF THE PROPERTY.
[00:35:09]
AND THE ADDRESS THAT YOU HAVE MAINTAINED, YOU PRESENTLY MAINTAIN AND AS OF TODAY OR EARLIER THIS MONTH ANYWAY, THAT YOU MAINTAIN WITH THE PROPERTY APPRAISER. IS THAT MADEIRA DRIVE ADDRESS IN PALM BAY? SO YOU'VE NEVER CHANGED THAT ADDRESS WITH THE TAX COLLECTOR OR THE PROPERTY APPRAISER, APPARENTLY.THE ISSUE IS, IS THAT THE LAW REQUIRES YOU TO DO WHAT YOU'RE OBLIGATED TO DO, AND APPARENTLY YOU DID NOT CHANGE YOUR ADDRESS WITH THE PROPERTY APPRAISER OR TAX COLLECTOR BECAUSE, AS I INDICATED EARLIER, THAT'S THE ADDRESS THAT THE CITY IS OBLIGATED TO SEND THE NOTICES TO.
SO THAT WAS THAT WAS ACTUALLY YOUR OBLIGATION IS WHAT I'M TRYING TO TELL YOU.
SO THEY DID WHAT THEY HAD TO DO BASED ON THE STATUTE.
YES, I SEE MY SUGGESTION TO YOU IS AFTER THIS HEARING THAT YOU MAKE ARRANGEMENTS TO CONTACT THE PROPERTY APPRAISER OR THE TAX COLLECTOR TO PUT YOUR CORRECT YOUR YOUR CORRECT CURRENT MAILING ADDRESS WITH THE WITH THE WITH THOSE TWO ENTITIES SO THAT THEY YOU MAKE SURE YOU GET THESE NOTICES IN THE FUTURE IF THEY ARISE.
YES, I UNDERSTAND, I I HAVE MAILED THEM THE NEW ADDRESS FOR THEM TO FORWARD THE, THE NEXT TWO ADJUST THE ADDRESS FOR MY NEW ADDRESS.
I HAVE BEEN PAYING THE THE THEY'VE BEEN SENDING ME THE THE THE THE TAX BILL EVERY YEAR.
I THOUGHT THAT WAS ENOUGH FOR ME.
THANK YOU FOR YOUR EXPLANATION AND ALSO YOUR PROPERTY TO ABOUT THIS VIOLATION.
SO I JUST WANT TO LET YOU KNOW THAT TO.
IN OTHER WORDS, THEY PUT UP POST A NOTICE SAYING THAT THERE'S A VIOLATION AND A NOTICE OF HEARING.
SO I JUST WANT TO LET YOU KNOW THAT ALSO.
OKAY. WHAT'S THE CITY'S POSITION? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.
THE CITY IS HAS NO OBJECTION TO REDUCING THIS TO THE ACTUAL COST OF THE LOT MOWING, WHICH IS THE $285.75, ALONG WITH THE $750 ADMIN, FOR A TOTAL OF $1,035.75.
DID YOU HEAR WHAT THE CITY'S POSITION WAS, SIR? I DIDN'T HEAR THE TOTAL AMOUNT.
OKAY. SO BASICALLY, WHAT HAPPENED IS, IS THE CITY ACTUALLY MOWED THE PROPERTY TO CURE THE VIOLATION? AND THAT COST $285.75.
AND THEY ALSO HAVE ADMINISTRATIVE COSTS OF $750.
SO THE TOTAL WOULD BE $1,035.75.
YES I UNDERSTAND, THANK YOU, I APPRECIATE THAT.
ALL RIGHT. YOU HAVE AN OBJECTION TO THAT? NO. OKAY, I WILL TAKE THAT.
$1,035.75. DO YOU HAVE A PROBLEM PAYING WITHIN 30 DAYS? NO. OKAY, WELL, I'LL ENTER AN ORDER AND.
WILL REFLECT THAT THE 1035 75 WILL BE NEEDED TO BE PAID IN 30 DAYS.
OKAY. THANK YOU VERY MUCH, I APPRECIATE THAT.
WE'RE GOING TO HANG UP NOW, AND JEANNIE WILL MAIL YOU THE SPECIAL MAGISTRATE ORDER.
HAVE A GOOD EVENING. YOU'RE WELCOME.
OUR LAST CASE TODAY IS ALSO PHONE CONFERENCE.
AND THAT'S ITEM NUMBER TWO CV 20287-20 AT 214 EMERSON DRIVE NORTHWEST.
[00:40:02]
THIS IS CAROL PALM BAY.MR. QUIJADA. CAN YOU HEAR ME, SIR? YES. CAN YOU HEAR US? I CAN HEAR YOU.
OKAY. JEANNIE'S GOING TO SWEAR YOU IN.
THEN YOU'LL BE SPEAKING WITH A SPECIAL MAGISTRATE.
HOLD ON. THANK YOU, MR. KENYATTA. 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? THANK YOU SIR.
CAN YOU HEAR ME? YES, I CAN HEAR YOU.
OKAY. MY NAME IS JAMES BEADLE.
I'M THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION IN CODE ENFORCEMENT LIENS, AND THE GENERAL PROCEDURE IS, IS THAT YOU, AS THE APPLICANT, WILL PRESENT YOUR CASE OR WHATEVER EVIDENCE YOU WANT ME TO CONSIDER FOR PURPOSES OF REDUCING THE FINE.
DO YOU UNDERSTAND THAT? YES I DO. OKAY.
THEN YOU CAN GO AHEAD AND PROCEED.
OKAY. BASICALLY THIS VIOLATION HAS ACCRUED YOU KNOW, A LOT OF INTEREST AND PENALTIES.
IT HAPPENED RIGHT AROUND WHEN COVID STARTED.
THAT'S ALSO THE TIME THAT MY MOTHER AT THE TIME PASSED AWAY.
SO WE REALLY DIDN'T KNOW ABOUT THIS VIOLATION AND, AND ALL THE PENALTIES THAT WERE ACCRUING DUE TO THE FACT THAT COVID MY MOM PASSED AWAY, AND THIS IS THE FIRST TIME WE'VE TRIED TO SELL A PROPERTY IN PALM BAY.
DO YOU HAVE ANYTHING FURTHER AT THIS POINT? I THINK ALSO, IF I'M NOT MISTAKEN THERE WAS A GENTLEMAN OVER THERE WITH THE BRIGHTER DAY ACADEMY.
HE ALSO WAS PRETTY MUCH FINE FOR THE SAME TYPE OF VIOLATION.
SO HE ALREADY HAD PAID A CERTAIN AMOUNT TOWARDS IT AS WELL.
SO I THINK THAT, YOU KNOW, IT'S ALMOST AS IF WE'RE HE PAID ONCE, AND THEN WE'RE ALSO PAYING, SO.
OKAY. DO YOU KNOW WHAT HIS FINE WAS? THAT HE PAID? IT WAS CLOSE TO 3000 HE HAD TOLD ME.
YEAH. SO THE THE BRIGHTER DAY ACADEMY, RIGHT? SEPARATE CASE. IT WAS FOR A BUSINESS TAX RECEIPT.
OKAY. FOR THE MAGISTRATE IN DECEMBER.
AND HE DID PAY THOSE FEES, BUT IT WAS FOR HIS BUSINESS, WHICH IS COMPLETELY SEPARATE FROM.
LET ME ASK A DIFFERENT QUESTION THEN.
THE WHAT HE WHAT THIS CASE IS ABOUT IS NOT HAVING A BWTR ALSO.
SO THIS IS THIS IS PRIOR TO THAT THE CASE THAT HE PAID IN DECEMBER.
OKAY. SO THEY WERE TWO SEPARATE.
THEY'RE SEPARATE SEPARATE VIOLATIONS FOR DIFFERENT YEARS.
YEAH. DIFFERENT DISEASES DIFFERENT DIFFERENT YEARS OKAY.
THE CITY HAS INDICATED THAT THE CASE WITH YOUR TENANT THAT WHERE HE PAID THE FINE.
THAT'S NOT FOR THE SAME YEAR THAT THIS ONE HAD HAD IT APPLIED TO.
[00:45:04]
AND WHAT'S THE CITY'S POSITION? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.THE TOTAL LIEN AMOUNT IS $16,447.52.
THE CITY IS ASKING 14%, WHICH COMES OUT TO $2,302.65, AND INCLUDING THE 750. THE GRAND TOTAL IS $3,052.65.
MR. CODY, DID YOU HEAR WHAT THE CITY'S PRESENTATION WAS? YES. IT WAS 14% OF THE THE FINE PLUS THE 750 ADMINISTRATION.
YEAH, IT WAS ADMINISTRATION FEE.
THEY GENERALLY HAVE THAT FOR PRETTY MUCH EVERY CASE.
SO. SO THEY'RE THEY'RE LOOKING THEIR REQUEST IS FOR 3052 65.
DO YOU HAVE A RESPONSE TO THEIR PRESENTATION? TO BE TOTALLY HONEST WITH YOU, THAT THAT WOULD BE FINE.
WE WOULD ACCEPT THAT YOU KNOW, BEING IN VIOLATION.
AND WE JUST WANT TO RECTIFY THE ISSUE, AND THAT WOULD BE FINE WITH US.
OKAY. NORMALLY, I PUT IN THE ORDER THAT IT'S TO BE PAID IN 30 DAYS.
DO YOU HAVE A PROBLEM WITH THAT? NO, THAT'S NOT A PROBLEM AS WELL.
OKAY, THEN I'LL ENTER AN ORDER TO THAT EFFECT.
EXCELLENT, EXCELLENT. THANK YOU SO MUCH.
HUNG UP ON. NOW I CAN'T HEAR ANYMORE.
AND I'M SIGNING THE MINUTES FROM THE LAST MEETING.
AND THERE BEING NO FURTHER BUSINESS, THE MEETING IS ADJOURNED AT 147.
* This transcript was compiled from uncorrected Closed Captioning.