Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[00:00:01]

ALL RIGHT, LET'S GET THE CODE ENFORCEMENT SPECIAL MAGISTRATE MEETING FOR SEPTEMBER 11TH, 2024.

IN ORDER.

AND WE WILL START WITH SWEARING IN OF ANYBODY THAT INTENDS 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. YOU MAY BE SEATED.

[ADOPTION OF MINUTES]

NEXT, WE'VE GOT THE ADOPTION OF THE MINUTES, WHICH I HAVE REVIEWED AND APPROVED.

SO WE HAVE ACCEPTED THOSE AND WE CAN MOVE ON TO REPORTS.

[REPORTS]

OUR FIRST CAYCE UNDER AUTHORIZATION TO IMPOSE FINES IS CCB 2504924.

AND THE CODE OFFICER IS VALLEY PRESENTS.

GALLERY. ZINS CODE COMPLIANCE DIVISION MANAGER.

THIS IS FOR 2003 MICHAELS DRIVE.

I BELIEVE THE RESPONDENT IS HERE AND HE IS STILL CITED FOR THE TALL GRASS AND WEEDS AND THE JUNK VEHICLE IN THE DRIVEWAY.

OKAY. CAN I HAVE CAN I HAVE THE FILE? CAN I HAVE THE FILE? THANK YOU.

HOW ARE YOU? GOOD AFTERNOON.

CAN YOU PLEASE STATE YOUR NAME FOR THE.

MY NAME IS JOHN LOVE.

AND MY ADDRESS IS 2003 MITCHELLS DRIVE, NORTHEAST PALM BAY, FLORIDA.

32905. ALL RIGHT.

AND TELL ME ABOUT YOUR SITUATION.

SO I JUST WANTED TO TALK ABOUT A COUPLE OF THINGS, AND I WANTED TO USE THE NOTICE I RECEIVED FOR THIS MEETING.

AS REFERENCE, IT SAYS AUTHORIZATION TO IMPOSE FINES HEARING.

YES. DO YOU HAVE A COPY OR.

YES. I'VE GOT I'VE GOT EVERYTHING BEFORE ME HERE.

SO WHAT I WANTED TO START WITH IS THAT POINT ONE STATES THAT ON 710 JULY 10TH, THE CODE ENFORCEMENT SPECIAL MAGISTRATE HELD A PUBLIC HEARING AND ISSUED ITS ORDER IN THE ABOVE STYLED MANNER.

SO WHAT I WANTED TO TALK ABOUT TO BEGIN WITH IS THAT I DID NOT RECEIVE NOTICE FOR THAT HEARING.

I DID RECEIVE SOMETHING IN THE MAIL, AND I HAVE A COPY HERE, AND I CAN GIVE IT TO YOU AS WELL WHEN I'M DONE.

AND THAT IS THE NOTICE OF HEARING.

SO I RECEIVED A NOTICE OF HEARING IN THE MAIL.

AND WHEN YOU READ THE NOTICE OF HEARING, IT LOOKS LIKE IT'S A FORM.

AND WHOEVER PRODUCED THE FORM FORGOT TO ENTER THE DATE OF THE HEARING.

SO IT HAS A TIME.

IT HAS A LOCATION, BUT IT HAS NO DATE.

SO WHAT I DID.

SO I RECEIVED THIS.

IF YOU HAVE A COPY THERE YOU PROBABLY CAN SEE IT AS WELL.

IT SAYS NOTICE OF HEARING IS DATED MAY 23RD AT THE BOTTOM.

SO. SO I RECEIVED A NOTICE WITHOUT A DATE.

SO WHAT I DID AND LET ME KNOW WHEN YOU'RE READY.

YOU CAN SEE THAT IN THE FIRST PARAGRAPH THAT I'M SUPPOSED TO BE THE THE HEARING WILL BE CONDUCTED AT 1 P.M..

THE LOCATION IS STATED ON WHERE IT SAYS ON THERE'S NO DATE AND THERE'S NO DATE ANYWHERE ELSE IN THE DOCUMENT.

SO WHAT I DID IMMEDIATELY AND LET ME KNOW IF I CAN CONTINUE TALKING OR.

YEAH, YEAH, I'M LISTENING.

I'M JUST. SO WHAT I DID IMMEDIATELY WAS THAT I DROVE TO THE THE CODE COMPLIANCE OFFICE, YOU KNOW, RIGHT HERE I CAME IN, I WENT TO THEIR OFFICE AND I WANTED SOME CLARIFICATION BECAUSE I DIDN'T UNDERSTAND THIS.

SO I BROUGHT IT IN AND I TALKED TO ONE OF THE CODE ENFORCEMENT PERSONNEL, AND I SHOWED THE NOTICE THAT INDIVIDUAL AGREED THAT IT HAD NO DATE.

THAT INDIVIDUAL AGREED THAT IT WAS STRANGE, AGREED THAT, YOU KNOW, MAYBE THEY SENT IT BY MISTAKE.

IT LOOKS LIKE IT'S JUST A FORM.

BUT I RECEIVED NO CLARIFICATION.

DO YOU REMEMBER WHO YOU SPOKE WITH? I'M GOING TO GUESS.

IT WAS PROBABLY JEANIE ON THAT DAY.

IT WAS A YOUNG LADY THAT GENERALLY LOOKS LIKE JEANIE.

I TRY TO WRITE THE NAME.

I DIDN'T WRITE IT IMMEDIATELY.

I ASKED LATER WHEN I WENT THE NEXT WEEK AGAIN, AND AND I POINTED AT HER DESK.

AND I THINK THAT'S WHAT THEY SAID ON JEANIE.

FORGIVE. FORGIVE ME IF.

OH, YES. IF IT WAS NOT YOU.

OH, YEAH.

SO. SO YOU WERE ON THE LEFT SIDE.

CAN YOU HAND ME THAT NOTICE, PLEASE? I DON'T, I HAVE A NOTICE OF THIS HEARING.

I DON'T HAVE A NOTICE OF THE FIRST HEARING IN MY FOLDER HERE.

NOTICE. AND HERE IS THE SECTION WHERE THIS IS A FORM ON.

[00:05:06]

YOU'RE SUPPOSED TO ENTER A DATE.

GOTCHA. I WENT TO THE OFFICE.

I I DIDN'T YOU KNOW, I STILL DIDN'T HAVE A DATE.

SO WHAT I DID IS I CAME THE NEXT DAY, THE NEXT WEEK IN PERSON.

SO I WENT.

AND THAT WAS ON THE WEEK OF THE 27TH OF MAY.

I SPOKE AT THAT TIME.

I WENT AGAIN THE FOLLOWING WEEK, THE WEEK OF THE 3RD OF JUNE, AND I SPOKE WITH A DIFFERENT PERSON.

I SPOKE WITH BERNADETTE.

SAME STORY.

I SHOWED THE FORM.

WHERE'S THE DATE? I WANT CLARIFICATION, I DON'T UNDERSTAND THIS.

MAYBE IT'S A MISTAKE.

NO DATE STILL.

SO THEN I MENTIONED THAT I WOULD COME THE NEXT WEEK, THE WEEK OF 16TH, AND I WAS TOLD THAT THEIR LEADER WOULD BE IN ORLANDO FOR A CONFERENCE.

SO THAT'S THREE WEEKS IN A ROW THAT I STROKE OUT.

WHEN YOU ADD SOME CONTEXT AND FORGIVE ME, I'M NOT A LAWYER.

I JUST GOOGLED THESE THINGS AND MAYBE I'M WRONG IN CITING THEM.

BUT IF YOU LOOK AT THE 2020 FLORIDA STATUTES, TITLE 12, CHAPTER 166, SECTION 0415 ENFORCEMENT BY CODE INSPECTOR CITATIONS THE THAT SECTION THREE SAYS A CITATION SHALL STATE THEY USE THE LANGUAGE SO YOU KNOW IT'S NOT OPTIONAL.

DATE AND TIME.

LATER IN THE PARAGRAPH IT SAYS DATE AND TIME.

SO THOSE ARE REQUIREMENTS FOR THE HEARING THAT THE NOTICE BE GIVEN TO THE RESPONDENT WITH DATE AND TIME.

IT IS THERE. IT'S IN THE FLORIDA STATUTES.

ANOTHER REFERENCE IS THE OWN HEARING PROCESS REFERENCES FROM BREVARD COUNTY.

IT'S IN THE WEBSITE.

THE HEARING PROCESS IS A QUASI JUDICIAL PROCEEDING REGULATED BY THE FLORIDA STATE.

ET CETERA. ET CETERA.

AND IT TALKS ALSO.

YOU DON'T YOU DON'T NEED TO GO THROUGH THAT ANYMORE.

I AGREE WITH YOU THAT YOU HAD TO HAVE NOTICE FOR FOR THIS.

SO WHAT I BUT WHAT I WANT TO MAKE SURE IS THAT THAT THIS IS CORRECT.

THAT WHAT YOU'RE WHAT YOU'RE REPRESENTING TO ME HERE IS CORRECT.

I DON'T THERE'S NO THERE'S NO DISCUSSION OR NO DISAGREEMENT THAT YOU NEED NOTICE.

SO I'M I'M GOING THROUGH RIGHT NOW.

I'M JUST TRYING TO GO THROUGH THE OLD THE OLD AGENDAS TO SEE WHAT KIND OF NOTICE YOU RECEIVED OF THAT HEARING.

OKAY. SO YOU WILL DO THAT RIGHT NOW OR SHOULD I CONTINUE WITH OTHER WHAT WAS WHAT WAS THE HEARING? WAS IT JULY? SO INITIALLY WHEN THE PAPERWORK WAS FIRST SENT OUT THAT HE HAS THE FIRST ONE WHERE THE THE DATE WAS MISSING.

SO ANOTHER ONE WAS SENT OUT AFTER THE FIRST TIME HE CAME INTO THE OFFICE AND HE SPOKE TO BERNIE.

AND BERNIE SHOWED TO ME THAT THERE WAS NO DATE ON IT, SO WE HAD TO DO A REVISED ONE, AND THAT SHOULD HAVE THE JULY 10TH MEETING ON IT.

JULY 10TH MEETING. OKAY.

YES. UNFORTUNATELY, I DIDN'T RECEIVE IT AND I WENT THE NEXT.

YOU KNOW, I SHOULD HAVE RECEIVED IT IN THREE DAYS, RIGHT? I DON'T CONTROL THE POST.

I DON'T KNOW WHAT HAPPENED.

YOU KNOW, I DID NOT RECEIVE, YOU KNOW, A SUBSEQUENT NOTICE.

I THOUGHT I WOULD GET ONE, AND I WENT, YOU KNOW, AGAIN AT THE END OF THE FOLLOWING WEEK, WHICH WAS.

SIR. SIR, IF YOU COULD JUST. WHICH WAS FRIDAY, AND I STILL DIDN'T KNOW IF I HAD RECEIVED THE NOTICE, I WOULD HAVE GONE.

I JUST RECEIVED THIS ONE.

I UNDERSTAND I SENT CERTIFIED MAIL, BUT IT DIDN'T HAVE IT YET.

I'M LOOKING FOR THAT AGENDA RIGHT NOW.

I DON'T SEEM TO HAVE THOSE MINUTES IN MY IN MY COMPUTER.

YEAH. OR NOT, THE MINUTES I NEED THE AGENDA THAT.

IF YOU COULD IF YOU COULD EMAIL THAT TO ME AGAIN.

OKAY. WHILE WE'RE WAITING ON THAT, LET'S TALK ABOUT THE VIOLATIONS, BECAUSE OBVIOUSLY, YOU KNOW ABOUT THE VIOLATIONS.

THEY DON'T SEEM LIKE THEY SHOULD BE VERY DIFFICULT TO BRING INTO COMPLIANCE.

AND I WANT TO MAKE A COUPLE OF COMMENTS ABOUT THE VIOLATIONS, IF I MAY LET ME KNOW WHEN I CAN SPEAK.

SURE. WELL, FIRST, I WILL START WITH THE TALL GRASS AND WEEDS.

[00:10:04]

HAVE YOU TAKEN CARE OF THAT? YEAH. SO HERE'S THE STORY.

AND THERE IS A REFERENCE TO THAT ALSO IN THAT DOCUMENT THAT YOU HAVE FROM TODAY.

ABOUT THE REINSPECTION.

AND SO, SO HERE'S HERE'S THE DEAL.

I HAVE HAD A PROFESSIONAL LAWN MOWING SERVICE THAT I PAY FOR, AND THEY GET MY CHECKS AND THEY ARE EXTREMELY ERRATIC.

MAYBE I'M TOO COMPASSIONATE.

I FEEL SORRY FOR THEM.

I THINK THE GUY HAS SOME ISSUES.

YOU KNOW, I KEEP GIVING HIM CHANCES OR CHANCE.

SO I DON'T ARGUE THAT THE LAWN AT TIMES HAS BEEN BREACHING THE CODE.

HOWEVER, I DO ARGUE ABOUT WHAT IS STATED HERE BECAUSE HERE IT SAYS THAT WE'RE SUPPOSED TO BE CORRECTED BY THE 25TH OF JULY.

THAT REINSPECTION WAS PERFORMED ON THE 31ST OF JULY AND THAT THERE HAD BEEN NO CORRECTION.

WELL, I WAS THERE WHEN THE LAWN WAS MOWED ON THE 24TH OF JULY.

I TOOK PICTURES IN THE MORNING OF THE 25TH OF JULY.

I HAVE THOSE PICTURES HERE.

OKAY. SO IT HAD BEEN CORRECTED EVEN AT THOSE DATES.

SO THAT IS CONFUSING TO ME.

HAS IT BEEN MOWED SINCE? YES, AND I HAVE PICTURES OF WHERE IT LOOKS NOW.

YOU KNOW, I HAVE THOSE TWO.

I CAN SHARE THEM WITH YOU IF YOU KNOW.

IF SO, IF CODE WERE TO GO OUT TODAY AND LOOK AT IT, WOULD IT BE.

IT WOULD BE. WOULD IT BE ABOUT A WEEK AND A HALF GROWTH.

NO. NOT MONTHS. IT WAS IT WAS MORE A LITTLE OVER A WEEK AGO.

AND I HAVE PICTURES OF THAT, THAT I TOOK A LITTLE OVER A WEEK.

IF THEY WENT OUT TODAY, WOULD IT BE IN COMPLIANCE? BECAUSE COMPLIANCE IS HOW MUCH? 9 OR 12IN.

IT IS NOT. NOT THAT, YOU KNOW, MAYBE, YOU KNOW, WHATEVER.

IT GREW IN A WEEK AND A HALF, MAYBE 4 OR 5IN.

THREE INCHES. YOU KNOW, I DON'T KNOW.

IN MY VIEW IT WOULD BE IN COMPLIANCE TODAY.

AND I HAVE PICTURES AGAIN OF THE 25TH AND OF A LITTLE OVER A WEEK AGO.

I HAVE SEVERAL SETS OF THOSE PICTURES I CAN SHARE WITH YOU.

OKAY. THAT'S ALL RIGHT.

LET'S TALK ABOUT THIS VEHICLE.

WHAT'S WHAT'S GOING ON WITH THE.

HAVE YOU TRIED TO HAVE YOU REMOVED THE JUNK VEHICLE? SO, SO THERE ARE TWO ASPECTS TO THAT AND THREE ASPECTS TO IT, ACTUALLY.

ONE ASPECT IS SEMANTIC OR PHILOSOPHICAL.

YOU KNOW, I INSURE THOSE VEHICLES BECAUSE I INTEND TO HAVE THEM ALL RUNNING IN MY VIEW.

THEY ARE NOT JUNK.

IN SOME, YOU KNOW, STRICT VIEW.

MAYBE THEY CAN BE.

IT'S NOT IT'S NOT IT'S NOT A SEMANTIC.

IT'S ARE THEY IN A MAJOR STATE OF MAJOR DISASSEMBLY DISREPAIR OR BEING STRIPPED OR DISMANTLED? ARE THEY. NO. MAJOR STATE OF DISASSEMBLY, NO MAJOR STATE OF DISREPAIR.

THREE OF THEM, YOU KNOW, WORK.

NOW. ONE HAS A BATTERY THAT NEEDS TO BE CHARGED.

SO SO THERE ARE THREE THAT ARE FUNCTIONAL LIKE THAT.

ONE NEEDS ADDITIONAL REPAIRS, YOU KNOW, AND SOMETHING I RAN ACROSS AND I DON'T KNOW IF IT'S TRUE OR NOT, BECAUSE WHEN YOU GOOGLE THINGS YOU DON'T KNOW IF IT'S THE OFFICIAL STUFF. BUT I CAME ACROSS SOMETHING ALSO FROM, YOU KNOW, THE PALM BAY ORDINANCES OR SOMETHING THAT IF YOU HAVE AN OPAQUE COVER, YOU CAN HAVE ONE VEHICLE IN THE BACK OF YOUR HOUSE.

IS THAT CORRECT? IF IT'S BEHIND AN OPAQUE FENCE, YEAH.

IF IT'S BEHIND A FENCE, YOU CAN PUT A VEHICLE IN THE BACK OF YOU KNOW, I RUN ACROSS THAT.

I DIDN'T KNOW THAT.

OKAY. VALERIE.

VALERIE, CAN YOU COME UP HERE AND.

SO WHAT'S. OH, NO.

YOU CAN SPEAK AT THE PODIUM, AND MAYBE IT'S.

SIR. I'M SORRY, I'M SORRY.

TALK TO VALERIE REAL QUICK.

OKAY. SO I'M.

I'M JUST SEEING THREE CARS.

DOES IT. IS THERE A DRIVEWAY FOR THIS HOUSE? HE HAS A GRASS DRIVEWAY FROM THE ROAD.

IT'S IN THE OLDER PART OF PALM BAY OFF OF CONNECT.

AND HE HAS ADMITTED BEFORE WHEN I HAVE CITED HIM THAT THEY DON'T ALL RUN.

THAT'S WHY THEY'RE COVERED.

BUT THE NEW ORDINANCE DOES NOT ALLOW FOR THAT TO BE IN THE DRIVEWAY ANYMORE.

AND MY PICTURES WERE TAKEN, I BELIEVE, LAST FRIDAY.

OR SO THERE'S A NEW ORDINANCE THAT.

YES, SIR. THEY ARE.

YES. OKAY.

OKAY. AND YOU SAID WHEN WAS THE LAST TIME YOU WENT OUT AND LOOKED FOR THE GRASS? WAS IT? IT WAS EITHER THURSDAY OR FRIDAY OF LAST WEEK.

THAT'S WHEN THE PICTURES WERE DONE.

YES. OKAY, SO THESE PICTURES ARE ARE FAIRLY NEW THEN.

YEAH. WE TRY TO GET THEM DONE THE THURSDAY OR FRIDAY BEFORE THE MAGISTRATE.

SO THEY'RE MOSTLY UP TO DATE.

SO THAT'S ONLY THREE DAYS BEFORE GROWTH.

THAT'S NOT THREE DAYS OF GROWTH.

[00:15:02]

I WITNESSED IT AND I TOOK PICTURES.

DO YOU HAVE ANY, DO YOU HAVE ANY RECEIPTS OR ANYTHING ABOUT THE SHOW THAT IT WAS MOWED ON THE 30TH? WELL I HAD PROBLEMS WITH MY, MY MOWING SERVICE.

SO THEY HAVE CHECKS THAT ARE TWO MONTHS OLD.

YEAH, I PAID IN ADVANCE.

I DON'T HAVE THE RECEIPTS.

I CAN PROBABLY GET THE CANCELED CHECKS, BUT I CAN SHOW YOU THE PICTURES THAT I TOOK ON THE 30TH AND ON THE 31ST.

I HAVE NINE PICTURES HERE.

OKAY, SO WHAT IS THE PLAN FOR MOVING THESE VEHICLES? THE PLAN FOR MOVING THESE VEHICLES.

AND I WOULD LIKE TO ASK FOR A LITTLE EXTRA TIME.

YOU KNOW, I UNDERSTAND THIS HAS BEEN RECURRING.

WE HAD SOME HEALTH PROBLEMS WITH THE FAMILY, AND I DID SPEND MONEY ON THEM.

I SPENT, YOU KNOW, A COUPLE THOUSAND ON TWO OF THEM TO MAKE THEM FUNCTIONAL.

THERE'S JUST THE ONE THAT IS.

THAT IS NOT.

AND I WOULD LIKE A LITTLE BIT MORE TIME, MAYBE 60 DAYS, TO COMPLETELY DECIDE.

I JUST LEARNED ABOUT THAT OPTION OF HAVING IT IN THE BACKYARD WITH A FENCE THAT WAS NOT IN MY RADAR.

I THOUGHT I NEEDED TO GET RID OF IT OR PUT IT IN THE GARAGE.

NOW THE OTHER THING.

HOLD ON. YEAH. VALERIE, CAN YOU ADDRESS THE.

THE ISSUE ABOUT PUTTING IN THE ORDINANCE HAS CHANGED? WE COULD PULL IT UP FOR YOU REAL QUICK TO SEE WHERE YOU'RE ALLOWED TO HAVE IT.

BUT ON THE INOPERABLE VEHICLES, I DO BELIEVE.

BLESS YOU. I DO BELIEVE THEY'RE SUPPOSED TO BE IN AN ENCLOSED STRUCTURE.

PACKET THAT YOU SENT, THE PACKET YOU SENT ME.

I WANT TO SEE THEM, BUT I'M GOING TO PULL IT UP WHILE YOU'RE HERE SO I CAN DOUBLE CHECK IT.

OKAY. AND THAT EXPLAINS WHY ONE OF MY NEIGHBORS.

I'M NOT GOING TO SAY WHO HAS, LIKE, FIVE VEHICLES INSIDE AN ENCLOSED STRUCTURE THAT ARE IN PIECES.

SO OKAY, SO SO THAT'S SO THE PLAN WOULD BE I WILL ADDRESS THE MATTER IN THE NEXT 60 DAYS IF YOU GIVE ME THAT ONE WAY OR ANOTHER.

YOU KNOW, GET RID OF IT, PUT IT.

WELL, IF IT'S NOT POSSIBLE IN THE BACK, I'D HAVE TO FIGURE OUT I HAVE A TWO CAR GARAGE THAT I HAVEN'T BEEN USING, BUT I DIDN'T WANT TO USE IT FOR FOR THAT.

BUT IF IT COMES TO THAT, I MAY USE IT.

I JUST HAVE NOT DECIDED JUST BECAUSE THERE'S NEW OPTIONS IN THE TRADE SPACE THAT I WAS NOT OKAY, NOT CONSIDERING MY INTENT.

AND THAT'S WHY THEY ARE ALL INSURED.

ALL OF THEM ARE INSURED CONTINUOUSLY.

IS THAT I EXPECTED TO HAVE THEM ALL FUNCTIONALLY.

IT'S JUST IT WAS JUST A MATTER OF FINANCES.

OKAY. ALL RIGHT.

I'M RIGHT NOW JUST TRYING TO MAKE SURE I CAN SEE WHAT KIND OF NOTICE YOU GOT ON THE INITIAL FINE, BECAUSE THE FINE HAS ALREADY BEEN OR YOU'VE ALREADY BEEN FOUND IN VIOLATION.

SO BUT IT WAS BASED IN AN INVALID HEARING.

WELL, THAT'S THAT'S WHAT I'M.

I'M GOING TO CHECK RIGHT NOW.

IT'S AND THAT'S WHERE I CAN MAKE ANOTHER QUOTE.

AND THIS ONE IS FROM THE CITY OF PALM BAY.

CODE OF ORDINANCE.

NO, NO. THAT'S OKAY. 22504924.

YEAH. OKAY.

AND.

VALERIE, GOT A QUICK QUESTION.

THE AMENDED NOTICE OF HEARING.

[00:20:02]

DO YOU KNOW HOW THAT WAS SENT TO.

THAT WAS ALSO SENT, I BELIEVE.

CERTIFIED. CERTIFIED.

OKAY. BECAUSE I SEE.

IN THE RECORD, I SEE A UPS, USPS TRACKING AND IT SAYS THE THAT IT WAS DELIVERED ON MAY 30TH, 2024, BUT THE AMENDED NOTICE IS DATED JUNE 7TH, SO THAT SHOULD HAVE BEEN THE FIRST. THE FIRST ONE WAS DELIVERED MAY 30TH.

RIGHT. SO WHEN WAS THIS? BUT WHEN WAS THE SECOND ONE? SECOND ONE.

SO HE DID THE SECOND 1ST JUNE SEVENTH.

SO I DON'T KNOW WHEN I'D HAVE TO GO BACK IN AND SEE WHEN IT WAS DELIVERED.

SO DO YOU HAVE THAT.

RODNEY, CAN YOU HELP ME OUT? HOW? WHAT IS THE MINIMUM AMOUNT OF NOTICE THAT'S REQUIRED FOR THE HEARING? SAY THAT ONE MORE TIME. WHAT'S THE MINIMUM NOTICE REQUIRED FOR THE HEARING? LIKE TEN DAYS? TEN DAYS. TEN DAYS.

YEP. 27.

OKAY. IS THERE A USPS RECEIPT FOR THAT? THERE IS ONE. OKAY.

ALL RIGHT. SO HERE'S HERE'S THE THING I'VE GOT WITH THIS, WITH THIS CASE, IT'S.

OBVIOUSLY THE FIRST NOTICE WAS NOT WAS NOT CORRECT.

AND THAT WAS FIXED.

AND IT LOOKS LIKE A NEW THE NEW NOTICE WAS SENT OUT TO YOU.

BUT I DON'T HAVE A I DON'T HAVE A RECORD OF ITS DELIVERY IN FRONT OF ME.

SO I THINK I THINK FOR THIS ONE WE NEED TO WE NEED TO SAY THAT HE'S NOT WE NEED TO RULE THAT HE'S NOT IN COMPLIANCE.

I MEAN, HE'S NOT HE IS IN COMPLIANCE.

HE HAS TO. WE HAVE TO RE NOTICE THE ORDER.

YEAH. CLOSED.

AND THEN I THINK WE NEED TO CLOSE IT AND REOPEN IT IS WHAT WE NEED TO DO.

SO BECAUSE HE'S CLOSED.

YES. SO.

THEN WE CAN SAY CLOSED.

MIND. AND THEN WE CAN.

BUT IF WE SAY THAT HE'S IN COMPLIANCE, THEN YEAH.

NO, NO, NO, WE CAN'T SAY THAT HE'S IN COMPLIANCE BECAUSE HE'S NOT HE'S NOT IN COMPLIANCE.

BUT HE JUST DIDN'T RECEIVE NOTICE.

YEAH. IT'S JUST A NOTICE ISSUE.

SO HE'S CLOSED.

AND THEN THAT WOULD BE THE SECOND.

YEAH. YEAH.

BECAUSE IT'S JUST THE NOTICE THAT WAS AFFECTED.

YEAH. OKAY.

AND. SO THIS IS THE DEFINITION FOR THE JUNK VEHICLE.

IT HAS TO BE ENCLOSED AREA.

OKAY. OKAY.

SO I THINK THAT DOES THAT MAKE SENSE, RODNEY? WE JUST. WE GOT TO CLOSE THE CASE.

OH, I THOUGHT SHE GAVE YOU SOMETHING.

YEAH, YEAH. NO, THIS IS THIS IS FOR THE DEFINITION.

YEAH. NO, I DON'T THINK HE'S IN COMPLIANCE WITH ANY OF IT, BUT WE JUST WE DON'T HAVE THE RECORD OF THE OF THE NOTICE.

SO WE NEED.

IT NEEDS TO THE NOTICE.

IT NEEDS TO BE REDONE JUST A LITTLE BIT.

YEAH. OH YOU'RE SAYING I'M NOT IN COMPLIANCE WITH THE YARD.

YEAH I HAVE, I HAVE THE PICTURES.

WELL, I KNOW, BUT WE ALSO HAVE THE TESTIMONY THAT OF THE OF THE CODE COMPLIANCE OFFICER SAYING THAT YOU AREN'T.

HOWEVER THAT'S THAT'S IRRELEVANT.

YEAH. BECAUSE WE'RE CLOSING THE CASE SO THAT THAT'S IRRELEVANT.

WHEN WHEN THEY COME OUT TO THE PROPERTY TO TO RE NOTICE.

I MEAN, I'M ASSUMING IF THE GRASS IS CUT, IT STILL WON'T BE AN ISSUE.

[00:25:01]

BUT THE CAR THING, YOU KNOW, YOU'RE GOING TO NEED TO TAKE CARE OF THAT.

SO YOU KNOW, THERE'S NO THERE'S NO EXTENSIONS TO BE GIVEN OR ANYTHING LIKE THAT, BUT WE'RE JUST GOING TO THE PROCESS STARTS OFF, STARTS OVER, AND I WILL GET A NEW LOAN SERVICE ALSO SO THEY WON'T BE AS ERRATIC.

OKAY, I HAVE ONE LAST COMMENT.

WHENEVER YOU'RE DONE, GO AHEAD.

AND THIS JUST OUT OF CURIOSITY THERE ARE PEOPLE WHO HARASS OTHER PEOPLE WHO DO THESE COMPLAINTS BECAUSE THEY WANT TO BULLY PEOPLE AND DO OTHER THINGS.

SO THE STATE OF FLORIDA IN 2021 CHANGED A COUPLE OF PARTS OF THE CODE.

FLORIDA STATUTE 16 ONE 6220 13B AND 166 0415 BASED ON 2021 SENATE BILL 60.

AND IF YOU LOOK AT THE LANGUAGE OF THAT, IT SAYS THAT WHOEVER COMPLAINS MUST AGAIN, THE WORD MUST, MUST PROVIDE NAME AND ADDRESS. IN THIS CASE, THERE WAS NO ADDRESS.

I DON'T THINK WE HAVE THAT INFORMATION.

SO IT SHOULDN'T HAVE BEEN PURSUED TO BEGIN WITH.

THAT'S I DON'T THINK THAT'S AN THAT'S AN ISSUE HERE.

IF YOU IF YOU GOT A QUESTION ABOUT WHETHER OR NOT SOMEONE MADE AN ANONYMOUS COMPLAINT, YOU CAN YOU CAN ASK CODE ABOUT THAT.

BUT IT SAYS THAT THE INSPECTION SHOULD NOT PROCEED UNLESS THE PERSON PROVIDES NAME AND ADDRESS.

YEAH. UNLESS IT IS DANGEROUS TO PUBLIC SAFETY.

YOU CAN. OKAY. SIR. SIR, SIR, SIR.

WE CLOSE. WE CLOSE YOUR CASE.

WE'RE. WE DON'T STOP WHILE YOU'RE AHEAD, OKAY? OKAY, I APPRECIATE IT. THANK YOU.

WOULD YOU LIKE YOUR. WOULD YOU MISS SIR, WOULD YOU LIKE I ALWAYS MISPRONOUNCE.

WOULD YOU LIKE YOUR PAPER BACK? YOU DON'T NEED IT. NO, I DON'T NEED IT.

THANK YOU, THANK YOU.

OKAY, LET'S MOVE ON TO THE NEXT ONE.

I THINK THEY'RE TRYING TO GIVE HIM THEM AN ANSWER.

IF IT WAS A COMPLAINT OR A ROUTINE PATROL.

OH, WELL, WE CAN WE CAN ADDRESS THAT OUTSIDE THE HEARING.

WE DON'T NEED TO DO THAT HERE.

OKAY. CAYCE.

CB 2506624 HAS BEEN BROUGHT INTO VOLUNTARY COMPLIANCE.

SO THIS CASE IS CLOSED.

THE CITY IS REQUESTING THE CODE ENFORCEMENT SPECIAL MAGISTRATE FINAL RESPONDENT'S CASES LISTED IN THE AUTHORIZATION TO IMPOSE FINES REPORT AND NONCOMPLIANCE FOR THE PERIOD STATED IN THE REPORT AND IMPOSE THE FINES LISTED ON THE REPORT.

I FIND ALL THE RESPONDENT'S CASES LISTED ON THE AUTHORIZATION TO IMPOSE FINES REPORT IN NON COMPLIANCE FOR THE PERIOD STATED ON THE REPORT AND IMPOSE THE FINES AS LISTED ON THE REPORT DATED SEPTEMBER 11TH, 2024.

OKAY. MOVING ON TO HEARINGS AND PER DAY FINE HEARINGS.

[HEARINGS]

ITEM NUMBER FIVE ON THE AGENDA SAID 2521424 AT 116 CHICORY AVENUE NORTHEAST.

AND THE CODE OFFICER TODAY IS ANGELICA SNEED.

ANGELICA COMPLIANCE OFFICER FOR THE CITY OF PALM BAY.

THE VIOLATIONS THAT ARE STILL EXIST ARE THE SAME.

THIS PROPERTY WAS IS IN VIOLATION AND THE RESPONDENT IS HERE.

THE LETTER WAS SENT OUT, CERTIFIED, MAILED, AND IT WAS DELIVERED ON AUGUST 10TH, 2024.

AND THEY ARE ASKING FOR MORE TIME SO THEY WOULD LIKE THAT.

CAN I HAVE THE FOLDER PLEASE? YEAH. THANK YOU SIR.

MA'AM, IF YOU'D LIKE TO COME UP AND SPEAK.

YES. HELLO, MY NAME IS LOUISE.

I LIVE IN 1/16 AVENUE, NORTH EAST FLORIDA.

ALL RIGHT. TELL ME ABOUT YOUR SITUATION.

YES. YES.

I WANT TO SEE IF YOU CAN GIVE ME A LITTLE MORE TIME.

I'M WORKING REALLY HARD TO CLEAN THIS HOUSE, AND WELL, I HAD TO WORK, AND I HAD NOT MUCH TIME.

MY WIFE IS IN DISABILITY, AND SHE CANNOT DO MUCH, SO I HAD TO JUST ASK HIM FOR A LITTLE EXTENSION, A LITTLE TIME, AND.

AND I'M WORKING ONLY HARD TO WORK AND CLEAN MY HOUSE.

OKAY. SO WHAT WHAT EFFORTS.

WHAT WHAT HAVE YOU WHAT PROGRESS HAVE YOU MADE? WELL, I MOVED THE JUNK SIDE OF THE HOUSE.

NO MORE JOKES IN THERE.

LIKE HAVING A MINI VAN, AND IT'S GOING OKAY.

I MOVED THE TRAILER.

I DO I FIXING ALL THE SWEATERS SWELLS, AND I NEED TO GET A PERMIT TO GET A PIPE TO WORK IN PARKING, NOT A CAR INSIDE OF THE

[00:30:06]

HOUSE. BUT I GOT TO GET A PERMIT TO DO THAT.

IN DO I'M GOING TO KEEP IN CLEANING.

IF YOU GIVE ME A LITTLE TIME TO REST, I'LL DO THE BEST I CAN BY THE TIME YOU GIVE IT TO ME.

OKAY, I YEAH, I DON'T HAVE I DON'T HAVE ANY PROBLEM GIVING YOU EXTRA TIME.

IT SOUNDS LIKE YOU'VE BEEN MAKING PROGRESS ON IT.

I JUST WANT A LITTLE MORE. A LITTLE MORE DETAIL AS TO WHAT'S WHAT.

WE'VE BEEN WHAT'S BEEN GOING ON HERE? SO I SEE SOME PICTURES WITH A LOT OF YEAH.

MOVING EVERYTHING. THAT. HAS THAT ALL BEEN REMOVED? I MOVED, YES, OKAY.

I MOVED A LOT OF STUFF. ALL RIGHT, THAT'S GOOD.

WHAT ABOUT THE THE FAILURE TO MAINTAIN THE FENCE? HAS THAT BEEN THE FENCE THAT FIXED THE FENCE? OKAY, OKAY. ALL RIGHT.

THE JUNK OR INOPERATIVE VEHICLE, I THINK.

YES, I MOVED THE OKAY.

SO HOW MUCH MORE TIME DO YOU THINK YOU NEED TO ADDRESS EVERYTHING ELSE? WHATEVER YOU GIVE IT TO ME, I'M A WORKING KING.

WELL, I MEAN, I, I CAN GIVE YOU EXTRA TIME, BUT IT HAS TO BE BASED ON I HAVE TO IT HAS TO BE BASED OFF OF EVIDENCE.

AND THAT EVIDENCE IS YOUR TESTIMONY ABOUT WHAT YOU THINK IT WILL TAKE.

I DON'T KNOW. GIVE ME 30 DAYS.

60 DAYS? SOMETHING LIKE 60 DAYS.

YEAH. SO I CAN JUST CLEAN THEM UP REALLY GOOD.

REALLY GOOD. AND I CAN BRING SOME PICTURES IF I CAN DO BEFORE THAT TIME.

OKAY. WELL, IF ANGELICA, DO YOU HAVE ANY ISSUE WITH 60 DAYS? OKAY. WE WILL EXTEND THE DATE OF COMPLIANCE.

60 DAYS.

SO THE THE NEW DATE OF COMPLIANCE WILL BE NOVEMBER 10TH, 2024.

WHICH IS 60 DAYS FROM TODAY, AND THEN IT'LL BE $50 A DAY PER FINE OR PER VIOLATION.

OKAY, FINE. AFTER THAT.

YEAH. THIS IS MY FIRST TIME COMING HERE, SO I KNOW I DON'T KNOW ABOUT THESE VIOLATIONS, SO I'M GOING TO WORK HARD TO JUST COMPLETELY DONE WITH IN THAT TIME.

OKAY. YEAH. THAT'S FINE.

AND YOU KNOW, IF YOU'VE GOT QUESTIONS ABOUT WHAT YOU NEED TO DO TO BRING IT INTO COMPLIANCE, I'M SURE YOU KNOW, CODE WILL BE HAPPY TO.

OKAY. WE'LL BE HAPPY TO HELP YOU OUT WITH THAT.

OKAY. THANK YOU.

ALL RIGHT. THANK YOU.

THANKS. WE HAVE A COUPLE OF CASES THAT HAVE COME INTO VOLUNTARY COMPLIANCE.

THOSE ARE CB 2521624 AT 195 CHICORY AVENUE NORTHEAST (252) 192-4778 DERBY AVENUE, SOUTHWEST 2523824 AT 458 WIN WHEN CIRCLE SOUTHEAST 2524024.

AT 3030 EMERSON DRIVE SOUTHEAST 25250245 93 OLDENBURG STREET SOUTHWEST.

THE FOLLOWING CASES ON THE PER DAY FIND AGENDA ITEMS ONE THROUGH TEN, UNLESS 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 THE.

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 IS SUBMITTING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES, AND REQUESTS THAT THE SPECIAL MAGISTRATE FINED 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. I FIND THAT ALL THE RESPONDENTS IN THE CASES LISTED BY THE SECRETARY ARE IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.

THE RESPONDENTS IN THE CASES LISTED HAVE UNTIL SEPTEMBER 26TH, 2024, WHICH IS 15 DAYS AFTER THE DATE OF THIS ORDER.

TO BRING THEIR PROPERTIES INTO COMPLIANCE, THE CITY IS AUTHORIZED TO IMPOSE A FINE OF $50 PER DAY FOR EACH AND EVERY VIOLATION THAT CONTINUES PAST THE DATE OF COMPLIANCE.

THE FOLLOWING CASES ON THE SET FINE AGENDA ITEMS ONE THROUGH 36, UNLESS PREVIOUSLY HEARD, WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY, AND 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 OF THE PALM BAY CODE OF ORDINANCES.

THE RESPONDENTS ARE NOT PRESENT TO BE HEARD AND THE CASES HAVE NOT COME INTO COMPLIANCE.

THE CITY IS SUBMITTING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES, AND REQUESTS THAT THE SPECIAL MAGISTRATE FINED 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 SET FINE IF THE RESPONDENTS FAILED TO COME INTO COMPLIANCE.

[00:35:01]

THE CITY ALSO REQUESTS THAT THE SPECIAL MAGISTRATE AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTION, TO TAKE ALL REASONABLE ACTIONS AND BRING THE PROPERTY INTO COMPLIANCE, AND CHARGE THE PROPERTY OWNER WITH THE REASONABLE COST OF THE ACTIONS ALONG WITH THE FINE IMPOSED, IF NOT COMPLIANCE, BY THE COMPLIANCE DATE.

I FIND THAT ALL THE RESPONDENTS IN THE CASES LISTED BY THE SECRETARY ARE IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.

THE RESPONDENTS IN THE CASES LISTED HAVE UNTIL SEPTEMBER 21ST, 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 CAYCE ON THIS FINE AGENDA, ITEM NUMBER 37 WILL BE HEARD ON CONSENT WITHOUT FURTHER TESTIMONY IN THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILE PRESENTED.

THE CITY REPRESENTS THE. ALL RESPONDENTS HAVE BEEN SERVED A NOTICE ACCORDING TO CHAPTER 162 OF THE FLORIDA STATE STATUTES IN THE PALM BAY CODE OF ORDINANCES.

THE RESPONDENTS ARE NOT PRESENT TO BE HEARD IN THE CASE DOES NOT COME INTO 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 STATEMENT 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.

I FIND THAT ALL THE RESPONDENTS IN THE CASES LISTED BY THE SECRETARY ARE IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.

THE RESPONDENTS IN THE CASES LISTED HAVE UNTIL SEPTEMBER 21ST, 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 FOR THE VIOLATION.

THAT IS ALL I HAVE FOR TODAY.

ALL RIGHT. IF THAT IS IT, THEN WE WILL ADJOURN AT 146.

* This transcript was compiled from uncorrected Closed Captioning.