Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[CALL TO ORDER ]

[00:00:06]

I'D LIKE TO CALL TO ORDER.

SPECIAL MAGISTRATE HEARINGS OF JUNE 19TH, 2024.

APPROXIMATELY 1:02 P.M..

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.

THE GENERAL PROCEDURE FOR THE HEARINGS ARE THAT YOU, AS THE PETITIONERS, COME FORWARD, BE SWORN IN, OR ACTUALLY BE SWORN IN BEFOREHAND, BUT BASICALLY COME UP TO THE PODIUM, IDENTIFY YOURSELF, AND THEN PROCEED WITH THE BASIS FOR WHICH YOU'RE ASKING FOR THE REDUCTION IN THE LIEN.

THE CITY WILL THEN HAVE AN OPPORTUNITY TO RESPOND, AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND TO THE CITY'S TESTIMONY.

AND THAT'S JUST THE GENERAL PROCESS.

AND AT THAT POINT, I'LL JUST TURN IT OVER TO THE CLERK TO HAVE EVERYONE SWORN IN.

[SWEARING IN ]

OKAY. ALL THOSE WHO ARE GOING TO BE TESTIFYING, WILL YOU PLEASE STAND? RAISE YOUR RIGHT HANDS.

DO YOU SWEAR TO TELL THE TRUTH? THE WHOLE TRUTH, BUT NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES. THANK YOU.

YOU MAY BE SEATED.

[PETITION FOR RELIEF ]

FIRST CASE ON THE AGENDA FOR MITIGATION.

CEB 2387523 WINGS OF GRACE MINISTRIES, INC..

ADDRESS 1191 LAMPLIGHTER DRIVE, NORTHWEST.

GOOD AFTERNOON. I'M DWIGHT BELL AND PRESIDENT OF WINGS OF GRACE MINISTRIES.

AND WINGS OF GRACE IS AN AFFORDABLE HOUSING PROVIDER.

WE HAVE, I BELIEVE, SEVEN HOMES IN IN PALM BAY.

AND UNFORTUNATELY ON THIS ONE WE HAD A LEANING FENCE PROBLEM AND WE JUST.

BASICALLY MESSED UP ON GETTING IT FIXED IN TIME, GETTING SERVICE PROVIDERS AND PROMISES THAT DIDN'T HAPPEN AND JUST TOOK US A LOT LONGER TO FIX THIS THAN THAN WE WE WANTED TO.

AND TOTALLY OUR FAULT, NOT YOURS.

BUT I JUST COME ASKING FOR SOME GRACE.

AND IF YOU REDUCE THE REDUCE THE AMOUNT DOWN TO $1,000.

OKAY. IS THAT EVERYTHING AT THIS POINT? YES, SIR. OKAY. YOU CAN STAY THERE BECAUSE YOU CAN RESPOND TO WHATEVER THE CITY IS GOING TO SAY.

VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.

THE CITY DOES NOT HAVE AN OBJECTION TO THE REDUCTION OF THIS LIEN, WITH THE UNDERSTANDING THAT THE ADMINISTRATIVE FEES OF $750 WILL ALSO BE COLLECTED, AND WE ARE SEEKING 15% OF THE TOTAL AMOUNT.

THE AMOUNT OWED IS $4,629.88, 15% COMES OUT TO $694.48. INCLUDING THE 750, COMES OUT TO A TOTAL OF $1,444.48. OKAY.

DO YOU HAVE A RESPONSE? SOUNDS LIKE A DEAL.

OKAY. NORMALLY IN THE ORDERS, I INCLUDE A PROVISION THAT THE REDUCED FINE HAS TO BE PAID WITHIN 30 DAYS.

IF IT'S NOT, THE CURRENT FINE GETS REINSTATED.

IS THERE AN ISSUE WITH PAYING IT OFF IN 30 DAYS? NOT AT ALL. OKAY.

THEN I'LL ENTER AN ORDER TO THAT EFFECT, AND THE CITY WILL PROVIDE YOU A COPY OF THE ORDER.

CAN YOU REPEAT THAT AMOUNT? THE TOTAL AMOUNT IS GOING TO BE $1,444.48.

THANK YOU. THANK YOU.

HAVE A GOOD DAY. NEXT CASE ON THE AGENDA TO BE MITIGATED.

CEB 2009419 MICHAEL ALLEN 290 PEAK STREET, NORTHEAST.

HEY. GOOD AFTERNOON. DO YOU IDENTIFY? IDENTIFY YOURSELF. OH.

MY NAME IS MICHAEL ALLEN.

OKAY. SO I.

THIS IS KIND OF FOGGY FOR ME.

I'LL BE HONEST. I REMEMBER GETTING THE RED TAG ON MY TRAILER BECAUSE I USED THIS TRAILER TO MOVE MYSELF INTO THIS HOUSE.

I HADN'T BEEN IN THIS HOUSE TOO LONG.

I MOVED, I KNOW I MOVED THAT TRAILER IN THE BACKYARD NOT TOO LONG AFTER I GOT THAT RED TAG.

I, I DON'T REMEMBER GETTING A NOTICE FOR A HEARING, AND I NEVER GOT A LETTER FOR A, LIKE, A RESULT OF A HEARING OR ANYTHING.

I WAS TOTALLY SHOCKED BY THIS WHEN I WHEN I WENT TO GO GET A SECOND MORTGAGE ON MY HOUSE.

AND, YOU KNOW, THEY THEY TOLD ME I HAD A $60,000 LIEN ON MY HOUSE.

I'VE GOT PICTURES ON MY TRAILER THAT WILL SHOW THAT THIS THING'S BEEN THERE A LONG TIME.

I, I DON'T HAVE ANYTHING OTHER THAN THAT.

[00:05:02]

GO. JUST. I'M ASKING FOR THE.

WHEN. WHEN DID YOU MOVED INTO THE HOUSE? THAT WOULD HAVE BEEN.

IT WAS THE. I BELIEVE IT WAS IN AUGUST OF 2018.

SO WHEN I PURCHASED THE HOME, IS THAT WHEN YOU MOVED INTO THE HOUSE OR THAT'S WHEN YOU BOUGHT IT? NO, I MOVED IN AROUND THE TIME AT THE SAME TIME I PURCHASED IT.

BUT I DID NOT STAY IN THAT HOUSE THAT LONG, THOUGH I WAS ONLY IN THERE FOR ABOUT SIX MONTHS AROUND THE TIME WHEN COVID HIT.

AND THEN I THEN THAT'S I MOVED BACK WITH MY OTHER FAMILY TO KIND OF HELP THEM.

AND SO WE COULD BE TOGETHER IN THE.

SO I DON'T KNOW IF THAT'S MAYBE WHERE I MISSED THE COMMUNICATIONS.

WELL, ACCORDING TO THE PAPERWORK, THE.

THE HEARING WAS.

NOVEMBER THE 13TH, 2019.

AND THAT'S WHEN THE ORDER WAS ENTERED WAS ON THAT DATE.

RIGHT. I GUESS I WASN'T LIVING THERE AT THAT TIME.

YOU WERE NOT? NO, SIR.

I JUST MOVED BACK IN IN 2021.

BUT LIKE I SAID, I KNOW THAT TRAILER WAS IN THE BACK BECAUSE I REMEMBER I REMEMBER HAVING TO PUT THAT TRAILER IN MY BACK YARD AND IT WASN'T THE EASIEST THING TO DO.

WHEN WOULD YOU HAVE DONE THAT? I DID THAT NOT TOO LONG AFTER I BECAUSE I REMEMBER I WAS DOING SOME OUT OF TOWN WORK.

I CAME HOME AND I SEEN THE I SAW THE RED TAG AND I FORGOT WHERE I SAW IT IF IT WAS ON THE GARAGE OR ON MY FRONT DOOR.

AND I BELIEVE THAT FOLLOWING WEEKEND IS WHEN I IS WHEN I PUT THAT IS WHEN I PUT THE TRAILER IN.

OKAY. HOW LONG WAS IT AFTER YOU MOVED INTO THE HOUSE THAT YOU GOT THIS NOTICE? I DON'T REMEMBER, I REALLY DON'T, BUT IT WAS BETWEEN THE TIME THAT YOU MOVED INTO THE HOUSE AND YOU LEFT THE HOUSE TO GO LIVE WITH THE OTHER FAMILY? YES, SIR. IT WASN'T TOO LONG, I BELIEVE AFTER I WAS THERE.

IT WASN'T LONG AT ALL, I BELIEVE.

OKAY. WHAT'S THE CITY'S POSITION? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.

I WAS JUST LOOKING THROUGH THE CASE FILE.

THE PROPERTY WAS POSTED BECAUSE THE NOTICES DID COME BACK UNDELIVERABLE.

SO BASICALLY.

THIS WAS IN VIOLATION FOR ABOUT.

ALMOST FOUR YEARS.

WE DON'T HAVE. THE CITY DOES NOT HAVE AN OBJECTION TO THE REDUCTION OF THE LEAN.

WE'RE LOOKING AT THE TOTAL.

LEAN IS $68,715.88.

WE'RE LOOKING AT 9% OF THE LEAN, WHICH COMES OUT TO $6,184.43, PLUS THE $750 ADMINISTRATIVE FEES, COMES OUT FOR A TOTAL OF $6,934.43.

WERE THERE ANY RE INSPECTIONS DONE BY THE CITY AFTER THE CODE ENFORCEMENT HEARING IN NOVEMBER OF 2019? YES, AND THERE ARE SEVERAL PHOTOS IN HERE THAT ARE STAMPED DATE STAMPED SHOWING THE VEHICLES.

STILL ON THE PROPERTY AND IN THE DRIVEWAY.

OCTOBER, NOVEMBER AND DECEMBER OF 2019.

SO IT APPEARS THAT THERE WAS A FOLLOW UP ALMOST EVERY MONTH.

WELL, NO. I'M ASKING ABOUT AFTER THE AFTER THE CODE ENFORCEMENT BOARD HEARING IN NOVEMBER OF 2019.

I SEE ALL THE PHOTOS IN 2019.

ARE THERE ANY IN 2020 AND 2021 AND 2022 AND 2023 AND 2024? THE REASON I'M ASKING IS, IS THE THE APPLICANT HAS INDICATED THAT SHORTLY AFTER THE NOTICE.

OR SOMETIME I DON'T KNOW WHAT THE DATE IS.

HE CAN'T TELL ME WHAT THE EXACT DATE IS, BUT HE'S INDICATING HE PUT THE TRAILER IN THE BACK.

[00:10:02]

LET ME LET ME GO BACK. ONE STEP IS THE VIOLATION THE TRAILER, THE TRUCK, OR BOTH? BECAUSE. BECAUSE THE ORDER DOESN'T SAY SO NOW IT JUST SAID ACTUALLY IT SAYS THEY WERE CITED FOR COMMERCIAL TRUCKS AND TRAILERS.

AND THEN SHE DID A TWO WEEK COMFORT PRO, WHICH IS THE NAME OF THE COMPANY.

NO, I UNDERSTAND THAT. BUT WHAT I'M ASKING IS IT DOESN'T SPECIFICALLY STATE IS IT FOR THE TRAILER, THE TRUCK, OR BOTH? THAT'S WHAT I'M TRYING TO UNDERSTAND.

OH, IT'S FOR BOTH.

ACCORDING TO WHAT SHE CITED HIM FOR.

COMMERCIAL TRUCKS, TRAILERS AND EQUIPMENT.

THAT'S NOT A COMMERCIAL TRUCK.

SO BASICALLY, AT THE TIME OF THE VIOLATION, THOSE WERE CONSIDERED COMMERCIAL VEHICLES BECAUSE THERE WAS 150 WHAT'S I'M SORRY, F 150 BECAUSE OF THE WRITING ON IT.

ADVERTISING. I THOUGHT THAT WAS ONLY FOR THE TRAILER, THOUGH.

NO, SIR. WHERE'S THE DEFINITION FOR COMMERCIAL VEHICLE BACK WHEN THIS WAS DONE? BECAUSE THAT'S WHAT I HAVE A QUESTION ABOUT IS THE TRUCK.

THE TRAILER IS ONE THING, BUT THAT'S WHAT I'M HAVING A QUESTION ABOUT THE THE TRUCK.

I NEVER THOUGHT THAT WOULD BE IN THE FULL DESCRIPTION OF THE ORDINANCE.

THESE ARE JUST SUBSECTIONS OF THE DEFINITION.

YOU NEED. SURE, BUT I KNOW THEY JUST RECENTLY CHANGED THE ORDINANCE WITHIN THE PAST YEAR OR TWO.

WELL, THERE'S SOMETHING IN HERE THAT SAYS A COMMERCIAL VEHICLE IS ANY TRUCK, BUS, TRAILER OR PORTABLE EQUIPMENT, MACHINERY OR SIMILAR VEHICLE OR COMBINATION THEREOF USED OR INTENDED TO BE USED FOR ANY COMMERCIAL, ENTERPRISE OR BUSINESS PURPOSE WHICH HAS OVER SIX WHEELS, MORE THAN TWO AXLES, A HEIGHT GREATER THAN EIGHT FEET IN OVERALL LENGTH MORE THAN 22FT.

IN A. SO I DON'T.

IT'S ONLY GOT FOUR WHEELS.

I DON'T KNOW, I DON'T KNOW HOW THAT TRUCK FALLS INTO THAT DEFINITION.

I AGREE WITH THE TRAILER PART OF IT, BUT THAT'S WHAT I DIDN'T UNDERSTAND THE TRUCK PART.

HOW DOES THE CODE DEFINE STORAGE ALSO? I GUESS THAT'S ANOTHER QUESTION I HAVE.

STORAGE, CORRECT? THEY BEING LEFT AT THE PROPERTY? I MEAN, FOR ONE HOUR, FOR SIX HOURS A DAY.

TWO DAYS.

I BELIEVE AT THE TIME OF THE ORDINANCE, THERE WASN'T A SPECIFIC TIME FRAME.

IT'S JUST THAT THEY'RE NOT ALLOWED TO BE STORED IN A RESIDENTIAL AREA.

IT DIDN'T PUT A SPECIFIC TIME BACK WHEN THAT ORDINANCE WAS ACTIVE.

OKAY.

AND UNDER THE COMMERCIAL VEHICLE IT SAYS ANY TRUCK, BUS, TRAILER, ETC.

AND THEN GOES TO SAY OR WHICH HAS OVER SIX WHEELS, BUT IT DOESN'T HAVE SIX WHEELS.

NO, IT'S SAYING OR.

NO, I UNDERSTAND, BUT HOLD ON A SECOND.

LET ME FIND IT AGAIN.

BECAUSE BACK AT THAT TIME, THE BIGGEST ISSUE WITH THE COMMERCIAL VEHICLES WAS THE ADVERTISING ON THE VEHICLES.

WHICH IDENTIFIED THEM AS COMMERCIAL.

OKAY. I STILL HAVE A ISSUE WITH STORAGE.

I DON'T KNOW WHAT STORAGE MEANS.

I MEAN, HIM DRIVING UP AND PARKING IT FOR.

WHATEVER. IT'S I DON'T.

SO OTHER THAN THIS ISSUE, WHAT IS YOUR RESPONSE TO THE CITY'S POSITION? I MEAN, I UNDERSTAND I AS MOST AMERICA RIGHT NOW, I'M KIND OF CRIPPLED WITH IN FINANCIAL AND WITH MY FINANCES.

RIGHT NOW. I'M, YOU KNOW, GOING THROUGH A REALLY HARD TIME AND YOU KNOW, SIX GRAND.

[00:15:03]

IT WOULD, WOULD JUST DEVASTATE ME RIGHT NOW.

I MEAN, I JUST.

DON'T HAVE IT. AND I DON'T, YOU KNOW, THE WHOLE, YOU KNOW, THE WHOLE POINT OF ME LOOKING TO, YOU KNOW, I WAS LOOKING TO REFINANCE MY HOUSE.

THIS IS HOW I FOUND THIS IS BECAUSE I'M IN A DESTITUTE SITUATION RIGHT NOW.

THAT WAS MY ONLY WAY OUT.

OKAY, I'M GOING TO MAKE ONE OBSERVATION FOR YOU.

AND BELIEVE ME, I'VE MADE THIS OBSERVATION MANY TIMES BEFORE.

YES, SIR. THIS THE CITY OR ANY ANY GOVERNMENTAL ENTITY IN FLORIDA.

WHEN THEY DO CODE ENFORCEMENT, THEIR ONLY OBLIGATION IS LOOK AT THE PROPERTY APPRAISER OR THE TAX COLLECTOR'S WEBSITE TO FIND OUT WHAT INFORMATION IS LISTED ON THERE TO GIVE THE NOTICES. SO YOUR MAILING ADDRESS IS THE SAME AS THE PROPERTY ADDRESS.

SO WHEN YOU DIDN'T LIVE THERE ANYMORE, YOU WERE BASICALLY OBLIGATED AS A PROPERTY OWNER TO GIVE NOTICE TO WHOEVER THAT YOU'RE NO LONGER LIVING THERE SO THAT THE CORRECT NOTICES CAN BE SENT TO WHEREVER THEY NEED TO BE SENT TO.

I DON'T KNOW HOW YOU GOT YOUR TAXES OR YOUR TAX BILL.

MAYBE, I DON'T KNOW, BUT SO.

FOR LACK OF A BETTER WAY OF PUTTING IT.

THAT WAS ON YOU BECAUSE THAT DIDN'T HAPPEN.

SO BASED ON.

LET ME ASK THE CITY A QUESTION.

DO YOU HAVE ANY EVIDENCE TO THE CONTRARY TO WHAT MR. ALLEN'S TESTIFYING TO, THAT THE TRAILER WAS, IN FACT PUT IN THE BACKYARD.

SINCE THERE ARE NO PICTURES SHOWING ANYTHING OTHER THAN THE TRAILER AND THE TRUCK ALWAYS BEING IN THE FRONT.

OKAY, SO THERE'S NOTHING AFTER NOVEMBER OF 2019 THAT YOU'RE AWARE OF AS FAR AS PHOTOGRAPHS OR INSPECTIONS? NO, SIR. OKAY. I MEAN, I DID USE IT FOR A WHILE AFTER THAT, YOU KNOW, WORK.

I UNDERSTAND THAT'S THAT'S THAT'S A DIFFERENT ISSUE.

I'M JUST TRYING TO UNDERSTAND SOMETHING HERE.

SO, MR. BEETLE, JUST SO YOU KNOW, CAROL JUST PRINTED THE INSPECTIONS UP, AND THERE WAS THREE, SIX, NINE INSPECTIONS BETWEEN 2020 AND 2022 THAT SAID THAT THEY WERE STILL IN VIOLATION.

BUT WHAT WAS THE VIOLATION? WHY? WHAT WAS SO FOR THE THE TRAILER? NO, NO, BUT WHAT WHAT WHAT WAS THE I MEAN, WAS IT WHAT I'M TRYING TO UNDERSTAND IS JUST SAYING THEY'RE IN VIOLATION DOESN'T TELL ME WHAT THE VIOLATION IS.

IS IT BECAUSE THE TRAILER WAS OUT THERE BECAUSE THE TRUCK WAS OUT THERE, OR WAS IT BOTH? WE'D HAVE TO GO INTO THE NOTES OF THE OFFICER WHEN THEY DID THE FOLLOW UP INSPECTION.

OKAY. ALLS I CAN SAY IS LIKE AFTER FIVE AND IN THE EVENING, IF YOU HAVE WENT THERE, THE TRAILER WOULD HAVE BEEN IN THE IN THE BACKYARD.

SO, YOU KNOW, IT MIGHT HAVE BEEN USED.

HE MIGHT HAVE PARKED IT IN THE DRIVEWAY WHILE HE WAS, YOU KNOW, COMING HOME FROM WORK.

BUT FOR THE MOST PART ON THE WEEKENDS, BECAUSE I CAN SHOW YOU NOW.

I MEAN, IT'S IT'S COVERED IN MOSS.

IT'S IT'S IT'S OKAY.

IT'S MILDEW.

IT'S IT'S OKAY. YES, I UNDERSTAND.

BASED ON WHAT THE EVIDENCE IS.

I AM GOING TO REDUCE THE FINE.

I JUST HAVE A CONCERN ABOUT HOW THIS ORDER IS ENTERED IN LIGHT OF WHAT THE ALLEGED VIOLATIONS WERE.

BUT THERE'S CLEARLY A VIOLATION.

OR WAS IT CLEARLY A VIOLATION? I'M GOING TO REDUCE THE FINE TO.

$2,000. AND HOW CAN I, CAN I PAY THAT IN PAYMENTS OR.

WELL, NORMALLY WHAT HAPPENS IS THAT I CONCLUDE IN THE ORDER THAT IT'S PAID.

LIKE I INDICATED TO THE OTHER GENTLEMAN, IT'S NORMALLY 30 DAYS.

IF THERE'S SOME TIME FRAME THAT YOU CAN PAY IT.

BY I MEAN YOU'RE SAYING YOU'RE YOU'RE REFINANCING YOUR HOUSE.

WHEN IS THAT SUPPOSED TO HAPPEN? I IT FELL THROUGH BECAUSE OF THIS.

SO NOW I DON'T KNOW IF I'LL BE ABLE TO DO IT AGAIN.

SO I DON'T KNOW.

BUT I'M GOING TO TRY.

WELL WHEN DO YOU THINK YOU COULD MAKE.

WHEN DO YOU THINK YOU COULD MAKE THE PAYMENT BY PROBABLY A COUPLE OF MONTHS.

60 DAYS. I'LL GIVE YOU 90 DAYS.

OKAY. THANK YOU.

AND AS I INDICATED PREVIOUSLY, THE THE CITY WILL PROVIDE YOU THE ORDER.

SO IT'S REDUCED TO $2,000, PAYABLE IN 90 DAYS.

IF IT'S NOT PAID WITHIN THE 90 DAYS, THE FINE GETS REINSTATED.

IF THERE'S SOME ISSUE REGARDING YOUR ABILITY TO PAY, YOU NEED TO GET BACK ON BACK IN FRONT OF ME BEFORE THE 90 DAYS IS UP.

[00:20:05]

YES, SIR. OKAY. THANK YOU.

NEXT TWO CASES FOR MITIGATION.

NO, THEY'RE GOING TO MAIL IT TO YOU OR EMAIL IT TO YOU.

THANK YOU SO MUCH. YES, SIR.

CEB. 1859018 AND CB 2034220. ANA HERNANDEZ.

AND THE ADDRESS IS 1377 HALLOWELL STREET NORTHWEST.

GOOD AFTERNOON. ANDY CROTT FROM LAW FIRM ON BEHALF OF ANNA HERNANDEZ.

I'M SORRY. WHAT WAS YOUR FIRST NAME? SANDY. SANDY.

YEAH. ON BEHALF OF ANNA HERNANDEZ, WHO IS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHNNY SERRANO, WHO WAS THE OWNER OF THE PROPERTY AT THE TIME OF THE VIOLATIONS. OKAY.

MR. SERRANO PASSED AWAY LAST YEAR.

AND MISS HERNANDEZ IS THE PR OF THE ESTATE.

WHEN SHE WENT TO GO SELL THE REAL ESTATE OWNED BY MR. SERRANO. THAT'S WHEN THE LIENS WERE DISCOVERED.

AND IT WAS ACTUALLY ON THE WALL STREET PROPERTY, WHICH WAS NOT THE PROPERTY THAT WAS FOR SALE.

THE PROPERTY FOR SALE WAS THE PINEWOOD DRIVE PROPERTY IN PALM BAY.

SO THE TITLE COMPANY FOUND THE LIENS DURING THEIR TITLE SEARCH, AND MISS HERNANDEZ IMMEDIATELY RECTIFIED THE ISSUES.

SHE ENDED UP PAYING CLOSE TO $2,300, ALREADY OUT OF THE ESTATE ACCOUNT TO FOR LIENS ON THE HALLOWELL STREET PROPERTY SO THEY COULD CLOSE ON THE PINEWOOD DRIVE PROPERTY, WHICH IS ONLY LISTED FOR, I BELIEVE, 112,000.

AND I BELIEVE THE LIENS ARE CURRENTLY OUTSTANDING IN ABOUT $300,000.

SO THERE'S OBVIOUSLY NOT ENOUGH TO PAY OFF THE LIENS ON THIS PROPERTY.

AND SO WE'RE ASKING FOR 100% REDUCTION IN THE AMOUNT DUE.

SO THE ESTATE STILL OWNED BOTH OF THESE PROPERTIES THEN? CURRENTLY? YES. OKAY.

I BELIEVE THEY'RE BOTH UNDER CONTRACT.

AND WHAT WAS YOUR LAST NAME? I DIDN'T HEAR IT CRACKED.

OKAY. THANK YOU. MAN.

WHAT'S THE CITY'S POSITION? VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.

THERE ARE TWO DIFFERENT CASES FOR THIS ADDRESS, AND ONE OF THEM HAS A GRASS CUTTING.

SO I'M GOING TO READ THE CASE NUMBER ALONG WITH THE REDUCTION FOR EACH CASE FOR CEB 20342.

THE AMOUNT OF THE LIEN WAS $70,536.67.

BECAUSE THERE ARE TWO AND THEY ARE IN A LARGE AMOUNT, THE CITY IS WILLING TO DROP THE ADMIN FEE ON BOTH AND DROP THE INTEREST ON THE GRASS CUTTING.

SO FOR THE $70,000 LEAN, WE'RE LOOKING FOR 8%, WHICH COMES OUT TO $5,642.93. ON CASE NUMBER 18590.

WE'RE ASKING FOR 3% OF THE TOTAL AMOUNT, WHICH WAS $229,536.16.

COMES OUT TO $6,886.08.

INCLUDING THE CUT, WAS ANOTHER 175 THAT WAS PAID OUT OF POCKET BY THE CITY, FOR A TOTAL OF $7,061.08 FOR THAT CASE.

AND THERE'S THREE CASES LISTED ON THIS SHEET.

ONE WAS A SPLIT LINE.

OKAY. YEAH.

THE FIRST ONE IS THE GRASS CUTTING.

OKAY.

WHAT WAS THE TOTAL FOR THE THE NIGHT OR THE 2020 CASE? $5,642.93. OKAY.

[00:25:04]

AND WHAT'S YOUR RESPONSE TO THAT, MISS HERNANDEZ? JUST LET ME KNOW THAT ONLY ONE OF THE PROPERTIES IS FOR SALE.

THE OTHER ONE, WHICH I THINK IS THE SUBJECT OF THIS, IS CURRENTLY VACANT.

I'M NOT SURE.

SHE HAD TOLD ME THAT MAYBE A FAMILY MEMBER WAS GOING TO TRY TO KEEP THE PROPERTY.

I MEAN, BASICALLY, AT THIS POINT, MISS HERNANDEZ HAS ALREADY PAID $2,300 TO THE CITY FOR VARIOUS FINES ON THIS PARTICULAR PROPERTY.

THERE'S NOT MUCH IN THE ESTATE TO COVER ANY OF THESE COSTS, AND THEY'RE TRYING TO JUST LIQUIDATE AS MUCH AS POSSIBLE TO GIVE THE PROPERTY WHAT'S LEFT OF THE PROPERTY. BASED ON MR. SERRANO'S LAST WISHES TO HIS NIECES, I BELIEVE.

AND MISS HERNANDEZ HE WAS QUITE ILL FOR SOME TIME PRIOR TO HIS DEATH, AND SO HE WAS OBVIOUSLY NOT ABLE TO TAKE CARE OF THE PROPERTIES. I'M NOT SURE.

YOU KNOW, OBVIOUSLY, I CAN'T SPEAK TO WHETHER HE EVER GOT NOTICE OF ANY OF THESE VIOLATIONS, BUT I KNOW HE DID NOT LIVE AT THESE PROPERTIES.

AND SO WE'RE JUST ASKING FOR SOME LEEWAY WITH THE CITY.

ESPECIALLY SINCE SHE'S ALREADY PAID OUT $2,300.

AND FOR THIS PROPERTY, WHAT WERE THOSE? WHAT WAS THE $2,300 FOR? THERE ARE OTHER NUISANCE VEGETATION LIENS, I BELIEVE, ON THE PROPERTY FOR NOT FOR CODE WITH THE GRASS.

FOR THE GRASS.

SHE JUST PAID ONE A FEW WEEKS AGO, I BELIEVE, BEFORE THEY WOULD PUT THIS ON THE DOCKET.

OKAY. I THINK.

I THINK SHE. THAT'S NOT NOTED ON HERE.

I MEAN, I HAVE A RECEIPT FOR THE LATEST ONE THAT WAS 400 SOMETHING DOLLARS THAT SHE JUST PAID A COUPLE OF WEEKS AGO.

WHAT WAS THAT FOR? LET ME SEE.

IT WAS AN OVERSIGHT. YEAH.

THEY SAID THAT THEY HAD FOR SOME REASON, MISSED THAT LEAN WHEN THEY ORIGINALLY HAD DONE THE LEAN SEARCH.

CANNOT SEE THE MAGISTRATE UNTIL THE MRS. SO THE NUISANCE LIENS WERE PRIOR TO.

SO THEY MUST HAVE BEEN FAIRLY OLD.

I'M TRYING TO SEE IF THERE IS A.

IT SAYS 18 DASH 02777 CODE BOARD.

FINE, $375 INTEREST.

SO THE TOTAL PAID WAS $418.29 PAID ON MAY 15TH.

OKAY, SO THOSE WERE FOR ISSUES OTHER THAN WHAT YOU'RE HERE TODAY FOR, CORRECT? AND IMMEDIATELY AFTER BEING NOTIFIED THAT THE PROPERTY WAS IN VIOLATION, MISS HERNANDEZ TOOK STEPS IMMEDIATELY TO RECTIFY THE ISSUES AND BY APRIL EVERYTHING WAS TAKEN CARE OF.

WHEN YOU SAY MR. SERRANO IS NOT LIVING ON THE PROPERTY, WHERE WAS HE LIVING AND WHERE WAS MR..

WHERE WAS HE LIVING WITH YOU? WHAT WAS THE PROPERTY ADDRESS WHERE YOU WERE LIVING? WHERE? HE 73 CLUB.

EVERY PLACE. AND HOW LONG WAS HE THERE? DO YOU WANT TO COME UP? HOW LONG WAS HE LIVING WITH YOU? I WOULD SAY WE WERE TOGETHER 15 YEARS.

I WOULD SAY THE LAST.

TEN OF 12 YEARS HE WAS LIVING WITH ME SO I COULD TAKE HIM TO THE VA HOSPITAL AND ALL THE FACILITIES.

AND WHAT'S YOUR NAME? ANNA HERNANDEZ.

WAS MR. SERRANO'S MAIL BEING FORWARDED TO YOU? IF THE MAIL WAS BEING FORWARDED.

SOME OF THE MAIL WAS BEING FORWARDED.

AND TO MY KNOWLEDGE, I DIDN'T HAVE ANYTHING FROM THE CITY.

OKAY, WELL. WELL, THE WELL, THE PART OF THE ISSUE IS, IS THAT HIS MAILING ADDRESS NEVER CHANGED.

AS I INDICATED TO THE PRIOR GENTLEMAN, IF YOU HEARD ME, IS IF YOU DON'T LET THEM KNOW THAT THE CITY IS GOING TO SEND NOTICES TO HIS ADDRESS THAT'S LISTED WITH THE PROPERTY APPRAISER AND OR THE TAX COLLECTOR.

YEAH. AND THAT'S STILL HIS ADDRESS.

THAT'S LISTED IS THIS IS THE PROPERTY ADDRESS.

SO THAT'S WHERE ALL THE NOTICES WERE SENT.

SO NO CONTROL OVER THAT.

I JUST FOUND OUT.

NO, I UNDERSTAND, BUT I'M JUST LETTING YOU KNOW THAT'S WHAT THE ISSUE IS.

[00:30:06]

BASED ON THE CURRENT CONTRACT FOR THE OTHER PROPERTY.

WHAT IS THE.

WHAT'S THE NET PROCEEDS, IF ANY, TO THE SELLER? I BELIEVE THE CONTRACTED AMOUNT IS 112,000.

I ASKED THE TITLE COMPANY FOR A NET SHEET, BUT I DIDN'T RECEIVE IT BEFORE THE HEARING, SO I'M NOT SURE EXACTLY WHAT THE PROCEEDS ARE GOING TO BE.

I KNOW THAT MISS HERNANDEZ HAS BEEN PAYING OUT OF THE ESTATE ACCOUNT.

IT'S A CONDOMINIUM.

SO EVERY MONTH THERE'S BEEN, YOU KNOW, DUES THAT HAVE BEEN PAID THAT SHE NEEDS TO BE REIMBURSED FOR, ETC..

SO THERE'S NOT THAT MUCH LEEWAY IN THERE.

IS THERE A MORTGAGE ON THE PROPERTY? I'M SORRY. IS THERE A MORTGAGE ON THE PROPERTY? NO. NO MORTGAGE ON ANY OF THE PROPERTIES? HOW MANY CLAIMS ARE THERE AGAINST MR. SERRANO'S ESTATE? AS FAR AS THE HOUSES, JUST HOW MANY? NO NO NO. HOW MANY? ANY CLAIMS, ANY CREDITORS CLAIMS, ANY DOCTOR'S BILLS, ANYTHING LIKE THAT? THE IRS, I HAVE BEEN PAID.

SO AS FAR AS HOSPITALS, THE VA WAS TAKING CARE OF HIM.

AND I BELIEVE THAT THEY JUST THE ESTATE WAS OPEN FAIRLY RECENTLY, SO I DON'T THINK THE CREDITOR CLAIMS PERIOD HAS RUN.

I DON'T REPRESENT HER IN THE ESTATE, BUT.

ALL RIGHT. IS THERE A MORTGAGE ON THIS PROPERTY? ON THE HALLOWELL PROPERTY? NO.

WHEN'S THE CLOSING FOR THE OTHER PROPERTY? SUPPOSED TO BE? JUNE 30TH.

JUNE 30TH. I HAVE A QUESTION FOR THE CITY.

IS THERE ANY IS THERE ANY WAY THAT THE CITY WOULD ENTER A PARTIAL RELEASE OF ITS LIEN AS TO THE PROPERTY THAT'S GOING TO BE CLOSED BY THE END OF THE MONTH? IT WOULDN'T AFFECT THE LIEN ON THIS PROPERTY.

SO WE'RE NOT ACTUALLY.

ACTUALLY, LET ME ASK A DIFFERENT QUESTION.

WHICH WHICH ONE OF THE TWO PROPERTIES DID MR. SERRANO LIVE IN? HE LIVED AT THE ONE, THE ONE THAT HAD THE VIOLATIONS.

ALL RIGHT. YOU CAN FORGET MY LAST QUESTION.

OH, OKAY. WE WERE DISCUSSING BECAUSE CAROL WAS SAYING THAT THE THE CITY HASN'T BEEN IN THE PRACTICE OF DOING PARTIAL RELEASES.

NO. THAT'S FINE. THERE'S ANOTHER ISSUE CAME UP, SO DON'T WORRY ABOUT THAT.

I NEED TO TELL HIM HE CAN COME TO THE OFFICE.

SO HERE'S HERE'S KIND OF THE WAY I'M LOOKING AT THIS IS THAT AND I UNDERSTAND THAT MR. SERRANO CAME TO LIVE WITH YOU.

BUT THE PROBLEM IS, IS THAT, AS I INDICATED TO THE OTHER GENTLEMAN, THERE'S AN OBLIGATION TO PROVIDE NOTICE TO THE POWERS THAT BE, SO TO SPEAK, THAT YOU CHANGE THE ADDRESS SO THAT THE MAILS GET FORWARDED TO HIM, OR SO THAT HIS NOTICES WOULD WE REITERATE THAT HE WAS REALLY SICK.

I'M NOT I'M NOT GOING TO GO INTO ANYTHING PERSONAL, BUT NO, I'M NOT REALLY SICK.

I'M NOT FUSSING WITH YOU. I'M JUST SAYING THE CITY DOESN'T HAVE ANY THE CITY CITY DOESN'T KNOW THAT.

SO THEY CAN ONLY THEY CAN ONLY DO WHAT THE STATUTE TELLS THEM THAT THEY ARE REQUIRED TO DO.

I PERFECTLY UNDERSTAND, AND.

AND THE PROBLEM IS, IS, I MEAN, THE LARGEST LEAN HAS BEEN GOING ON FOR OR HAD BEEN GOING ON FOR AT LEAST FOUR YEARS ANYWAY. FIVE YEARS.

SO THAT'S PART OF WHAT'S ENTERING INTO THIS EQUATION.

AND AS A GENERAL PROPOSITION, THE CITY REQUESTS $750 PLUS A PERCENTAGE OF WHATEVER THE VIOLATIONS ARE FOR THE LAST SEVERAL YEARS ANYWAY.

AND THAT'S THE 750.

IS THERE ADMINISTRATIVE COSTS FOR BASICALLY TAKING A CASE FROM THE BEGINNING THROUGH THE CODE ENFORCEMENT BOARD AND THE THE POST HEARING

[00:35:06]

INSPECTIONS? SO AT A MINIMUM.

I WOULD NOT REDUCE IT BELOW THE $1,500 FOR THE THE TWO CASES, THE $750 PER CASE.

SO THE ISSUE IS WHERE WHERE IS IT GOING TO BE IN BETWEEN WHAT THEY'RE ASKING FOR? I'M GOING TO ENTER AN ORDER REDUCING THE FINES.

IN BOTH CASES TOTAL DOWN TO $8,000.

NOW, AS I INDICATED NORMALLY IN THE ORDER I PUT DOWN 30 DAYS, I'M ASSUMING THIS IS GOING TO GET PAID FROM THE CLOSING, SO 30 DAYS SHOULD NOT BE AN ISSUE.

IS THAT CORRECT? CORRECT.

OKAY. AND THAT'S WHAT IT'LL BE.

THAT THERE'LL BE I'LL SIGN AN ORDER REDUCING THE FINES TO A TOTAL OF $8,000.

WAS THERE. IS THERE ENOUGH MONEY TO COVER THAT, DO YOU THINK? YEAH. OKAY. THE OTHER QUESTION TO TAKE AWAY THE LEAD FROM THE HOUSE THAT'S GOING TO BE SOLD.

YES. SO ONCE THEY'LL ENTER AN ORDER AND THEN ONCE IT'S PAID FROM THE CLOSING PROCEEDS, THEY'LL RELEASE THE LIEN OF RECORD.

IT'LL TAKE THEM A LITTLE WHILE TO TO SIGN THAT AND RECORD IT.

BUT YES, THEY WILL DO THAT.

OKAY. OKAY.

THANK YOU. YES, MA'AM.

NEXT CASE ON THE AGENDA FOR MITIGATION A CB 23501-23.

ALLISON, CHRIS AURARIA 630 CROWBERRY ROAD, NORTHEAST.

LOOK. I'M TRYING TO GET MY NOTES.

SORRY. I HAD IT.

OKAY, SO I'M JUST A LOCAL REPRESENTATIVE.

I'M SORRY. I SAID I'M THE LOCAL REPRESENTATIVE, SO I'M BASICALLY HERE.

WHAT'S YOUR NAME? KIM LEWIS.

KIM LEWIS. SO IT SEEMS AS THOUGH FOR I HAD AN EMAIL BUT THE FINES I THINK WERE RIGHT ABOVE 6000.

SO THEY WANTED TO SEE IF, WHETHER OR NOT WE COULD, WE CAN AGREE FOR A REDUCTION.

I'M GOING TO THINK THEY MEAN TO THE AMOUNT OF 55 2108, WHICH WOULD BE 80% OF THE TOTAL AMOUNT OWED.

I THINK THE AMOUNT OF, YOU KNOW, THE AMOUNT OF REDUCTION YOU ARE SEEKING IS 5521, OH EIGHT.

THE. ACTUALLY, THE TOTAL LEAN AS OF TODAY IS $7,044.

OKAY. I DON'T KNOW THAT I GOT.

I GOT THIS EMAIL.

HOLD ON. SORRY.

LET ME SEE WHEN THEY SENT IT.

I'M NOT SURE IF THEY'RE AWARE THAT IT STILL HAS BEEN ACCUMULATING.

SO MY INITIAL DATED EMAIL WAS AS OF JUNE 7TH.

SO AS OF THAT DATE, THE AMOUNT I THINK THEY WENT OFF OF FOR THE REQUEST WAS 6901 35.

OKAY. ACCORDING TO THE APPLICATION, THEY'RE SEEKING A REDUCTION OF 55 TO 108.

YES, SIR.

OKAY. ONCE THE CITY'S POSITION.

VALERIE ZINS, CODE COMPLIANCE DIVISION MANAGER.

THE CITY HAS NO OBJECTION TO THE REDUCTION OF THE LIEN AS LONG AS THE $750.

IS INCLUDED IN THE REDUCTION OF THE LIEN, AND FOR THE $7,044 AT 15% COMES OUT TO $1,056.60, PLUS THE $750, WHICH COMES OUT TO A TOTAL OF $1,806.60.

IS THAT ACCEPTABLE? COULD I ASK, WOULD THAT AMOUNT BE INCLUDED IN THE AGREED UPON 55 NUMBER? NO, THAT'S THAT'S WHAT THEY'RE.

NO, THEY'RE THEY'RE AGREEING TO REDUCE IT TO THAT NUMBER.

OKAY. SO I JUST NEED TO KNOW WHAT NUMBER TO REPORT BACK.

IS 18 $1,806.60.

[00:40:02]

OKAY. THAT'S FINE.

THAT'S GREAT. THANKS.

OKAY. IS THERE THE 30 DAYS? OKAY. IS THERE A LINK OR IS THERE A PAPER THAT I COULD BECAUSE IT'S GOING TO GO FROM CORPORATE, WHICH IS IN AUSTIN.

SO HOW CAN I HOW CAN THEY PAY IT? YOU NEED TO TALK TO THEM, MISS BERNADETTE.

OKAY. AFTER THE MEETING.

OKAY. NO PROBLEM. THANK YOU SO MUCH.

HAVE A GOOD DAY. YOU TOO.

THANKS. SO WE'LL.

WE'LL MAIL IT. WILL MAIL YOU THE ORDER? YES. WHAT'S YOUR TELEPHONE NUMBER? 32161. NO.

THREE. NINE. OKAY. THAT'S WHY I ASKED BERNIE IF THERE WAS ANY CONFERENCE CALLS.

BECAUSE THERE WASN'T ENOUGH PEOPLE HERE FOR THE CASES.

BECAUSE WE DON'T GET THE ORDERS UNTIL THEY EMAIL YOU THE ORDER.

UNLESS THEY JUST FORGOT.

YEAH, I KNOW.

WHEN WE GET THE ORDER.

OKAY. YOU KNOW.

OKAY. PERFECT. THANK YOU SO MUCH.

HAVE A GREAT DAY. YOU TOO.

PLEASE LEAVE A COMMENT AS WELL.

SO THERE'S NO REASON WHY THEY SHOULDN'T HAVE BEEN HERE.

THAT'S UP TO MR. BEADLE IF HE WANTS TO HANG AROUND.

I MEAN, THAT'S THERE'S NO ONE TO REPRESENT THE NO OTHER TWO CASES, BOTH LOCAL.

SO WE CAN'T SEE WHERE THEY ASK FOR TELECONFERENCE CALL.

I'LL TRY TO CALL THEM IF YOU WISH.

I'LL HAVE TO KNOW.

THEY CAN'T BE HERE. THAT'S YOUR PROBLEM.

OKAY. I'LL WAIT ANOTHER COUPLE OF MINUTES.

BUT THAT'S.

I'LL ANNOUNCE THAT I SIGNED THE MINUTES TO THE MARCH MEETING.

IT'S NOW 145.

THE MEETING WAS CALLED TO ORDER AT 1:00.

THE LAST TWO CASES ON THE AGENDA, NO ONE HAS APPEARED FOR THOSE ARE ONE EIGHT, 181 DASH 17 REGINALD THOMAS AND 23404 DASH 22 FRANK CAMPANA AND I'LL THERE AN ORDER REGARDING THEIR NON APPEARANCE, THERE BEING NO FURTHER BUSINESS.

THE MEETING IS ADJOURNED AT 145.

YES.

* This transcript was compiled from uncorrected Closed Captioning.