[CALL TO ORDER]
[00:00:03]
THE GENERAL PROCEDURE IS, IS THE APPLICANT OR THE REPRESENTATIVE WILL COME UP TO THE MICROPHONE AND IDENTIFY THEMSELVES AND PRESENT THE REQUEST FOR THE REDUCTION.
THE CITY WILL THEN HAVE THE OPPORTUNITY TO RESPOND TO THE TESTIMONY GIVEN BY THE APPLICANT, AND THE APPLICANT WILL HAVE THE OPPORTUNITY TO RESPOND TO THE INFORMATION PROVIDED BY THE CITY.
AND WITH THAT, I'LL TURN IT OVER TO THE CLERK TO SWEAR IN EVERYBODY THAT'S GOING TO TESTIFY.
[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.ALL RIGHT. OUR FIRST CASE TO BE HEARD TODAY IS CV 2033120 AT 900 COLONIAL AVENUE SOUTHEAST.
[PETITION FOR RELIEF]
GOOD AFTERNOON. HI.I'M A TENANT ON THIS PROPERTY.
JULIO. WHAT WOULD MR. MR. T2 TEMPERATURE.
OKAY. AND WHO'S THAT? THAT YOU KNOW.
OH, YOU'RE THE TENANT. WHAT'S YOUR LAST NAME? CRISTINA C R I S T E A.
OKAY. WELL, THE REASON THE OWNER IS NOT HERE IS BECAUSE THEY LIVE IN DIFFERENT STATE.
AND I HAVE A WRITTEN STATEMENT FROM THEM, LIKE THE VIOLATION THE FIRST TIME.
RECEIVE A NOTE FROM THE CITY OF PALM BAY AT THE END OF JULY 2024.
SO NOBODY KNEW ABOUT THIS VIOLATION UNTIL THAT DATE.
AND THEY ASKED FOR A RELIEF FROM THE CHARGE AND THE VIOLATION.
AS SOON AS I FIND OUT FROM THEM, I TAKE CARE OF THE SITUATION AND I INFORM MR. PINZI ABOUT. AND I'VE BEEN IN CONTACT WITH HER AND EVERYTHING IS OKAY.
BEFORE I GO ON, LET ME ASK THE CITY A QUESTION.
IS THE VIOLATION AM I TO ASSUME THAT WE'RE HERE FOR THE SAME ISSUE.
THE CODE ENFORCEMENT BOARD RENDERED THEIR OPINION IN 2020.
IS THAT THE SAME LIEN WE'RE TALKING ABOUT? THE STORAGE OF JUNK OR DISCARDED VEHICLE, TALL GRASS AND WEEDS WAS THE TWO VIOLATIONS THAT WAS ON THE PROPERTY.
APPARENTLY THE OWNERS OF THE PROPERTY FILED A PETITION BACK IN 2019.
WELL, YES. AND I, I HAVE A REDUCTION AND I PAY $1,000 AT THAT TIME, BUT I DID NOT REMOVE THE VAN IN QUESTION BECAUSE I REGISTERED THE VAN AND I PUT INSURANCE ON IT.
THE EVENT WAS LEGAL TO BE PARKED IN THE DRIVEWAY, BUT I WAS NOT ABLE TO FIX THE VAN AND THE TIME PASSED AND THEY ISSUE ANOTHER CITATION OF VIOLATION, WHICH IS THIS ONE.
OKAY. AND THE PREVIOUS CASE, WHAT I MENTIONED, I THINK HER NAME WAS ANGELA OR SOMETHING.
I SPECIFICALLY TELL HER TO MAKE A NOTE.
EVERY COMMUNICATION FOR PALM BAY CITY, WHATEVER CHANGE IN LAW TO BE SENT TO 900 COLONIAL PALM BAY EVEN IF THEY WANT TO SEND ONE TO THE OWNER IN NEW JERSEY, THAT'S OKAY WITH ME, BUT I NEED.
WHEN DID YOU PAY THE $1,000? WELL, FOR WHEN DID YOU PAY THE THOUSAND DOLLARS? I PAID IT THE TWO MONTHS LATER ON 2019.
WELL, THE ORDER WASN'T ENTERED UNTIL JANUARY OF 2020.
[00:05:06]
AND THEN? WELL, YEAH.YES. DO WE HAVE A RECORD OF WHEN HE PAID IT? WELL, THIS IS WHAT I'M GOING TO DO.
I'M GOING TO CONTINUE THIS UNTIL THE NEXT MONTH OR WHENEVER WE HAVE OUR NEXT HEARING.
BECAUSE OBVIOUSLY, YOU'RE TELLING ME THAT YOU MADE THE PAYMENT.
SO IF YOU PAID IT AFTER MARCH 16TH, THE ORIGINAL FINE WAS GOING TO GET REINSTATED, AND THAT $1,000 PAYMENT WOULD HAVE JUST BEEN APPLIED TO THE OUTSTANDING ORIGINAL BALANCE OF $32,000.
SO THIS. IS THE ORIGINAL ORDER.
THAT WAS ON THE FIRST VIOLATION, RIGHT? BECAUSE I DID NOT WANT TO GET RID OF THE CAR, AND I REGISTERED THE CAR AND I PUT IT ON THE INSURANCE, AND AT THAT TIME I WAS LEGAL.
BUT AFTER THAT TIME PASSED BY AND I DID NOT RENEW THE REGISTRATION AND AND THE INSURANCE.
AND THAT WAS WHEN THEY SUBMITTED THE SECOND VIOLATION.
OKAY. THAT WAS, I THINK, IN 2000.
2020 AT THE END OF THE YEAR OR SOMETHING? NO, IT WAS IT WAS IN JUNE.
YEAH. CODE ENFORCEMENT WAS IN JUNE OF 2020.
SO BASICALLY A YEAR AFTER THE ORDER REDUCING THE FINE IN THE ORIGINAL CASE, ANOTHER A LITTLE OVER A YEAR LATER IS WHEN THE NEW VIOLATION OCCURRED. YEAH, BUT I DID NOT KNOW NOTHING ABOUT UNTIL AFTER JULY.
RIGHT. BUT BUT MY BUT MY QUESTION TO YOU IS YOU KNEW THERE WAS AN ISSUE WITH NOT HAVING YOUR VEHICLE TAGGED WITH CURRENT REGISTRATION, CORRECT? BASED ON THE PRIOR REGISTRATION.
YOU DIDN'T YOU DIDN'T RECEIVE A NOTICE FROM THE COUNTY TELLING YOU THAT? NO, SIR. I SPECIFICALLY TOLD NO, NO, NO, YOU'RE NOT LETTING ME FINISH THE QUESTION.
OKAY. AND SO YOU IGNORED THAT? YES. BECAUSE I WAS ABOUT TO GET RID OF THE CAR, SO I DID NOT NEED THE LONGER TO DO THAT, YOU KNOW.
SO. OKAY. WELL, ACTUALLY, YOU DID, BECAUSE IT'S A VIOLATION OF THE CODE TO NOT HAVE ONE ON THERE.
WELL, THE CAR WAS PARKED IN MY DRIVEWAY.
THAT'S A VIOLATION OF THE CODE TO HAVE IT NOT TAGGED.
[00:10:02]
NOT THE TENANT, AND THE REQUIRED NOTICES ARE TO BE SENT TO THE ADDRESS THAT'S MAINTAINED BY THE TAX COLLECTOR OR THE PROPERTY APPRAISER.THAT'S WHERE IN THIS CASE, THAT'S WHERE THE CITY SENT THE NOTICE WAS TO THE OWNER.
THE FACT THE OWNER DIDN'T TELL YOU ABOUT IT, THAT'S A DIFFERENT ISSUE.
BUT THE CITY'S OBLIGATION IN THIS CASE WAS TO PROVIDE NOTICE TO THE OWNER OF THE PROPERTY.
WELL, I DO RESPECT I DO NOT HAVE ANY CLUE IF THE OWNER DID NOT TELL ME ABOUT IT.
THEY RECEIVED. I'M NOT I'M NOT FUSSING WITH YOU.
I'M JUST TELLING YOU WHAT THE REQUIREMENTS OF THE LAW ARE AS IT WORKS WITH THE CITY.
OKAY. AND WHAT'S THE CITY'S POSITION? SABRINA NICHOLSON, SENIOR CODE ENFORCEMENT OFFICER, CITY OF PALM BAY CITY, HAS NO OBJECTION IN THE REDUCTION OF THE LIEN WITH THE UNDERSTANDING THAT THE ADMINISTRATIVE FEES ARE COLLECTED, WHICH IS $750.
CITY IS ALSO ASKING FOR A 12% OF THE TOTAL LIEN TO BE PAID, FOR A TOTAL OF $5,111.46. IS THE 5000 TO 12%.
OR IS THAT THE TOTAL? THAT'S THE TOTAL.
ALL RIGHT. DO YOU HAVE A RESPONSE TO THE CITY'S POSITION? WELL, I DO NOT THINK I SHOULD PAY THAT MUCH BECAUSE, LIKE I SAID, AFTER I RECEIVED NOTICE FROM THE OWNER, I TOOK CARE OF THE PROBLEM IN TWO WEEKS.
BUT I'VE BEEN INFORMED AFTER JULY AT THE END OF JULY 2024.
SO IF I KNEW THAT IN 2021 WHEN THE VIOLATION WAS ORIGINALLY SENT TO THEM, WHEN DID YOU GET RID OF THE VEHICLE? A MONTH AGO. TWO MONTHS AGO.
SO YOU DIDN'T GET RID OF THE VEHICLE AS YOU JUST TESTIFIED WITHIN A FEW MONTHS AFTER? NO. WELL, I RECEIVED THEY SAID THEY RECEIVED A LETTER FROM PALM BAY ON THE END OF JULY 2024.
SO NEXT MONTH, I GET RID OF THE VAN.
OKAY. BECAUSE I FOUND OUT, LIKE THE FIRST WEEK OF SEPTEMBER.
THEN I CONTACTED MISS PINZI AT THAT TIME AND SHE EXPLAINED TO ME WHAT STEPS I SHOULD DO.
AND I THINK BY THE END OF SEPTEMBER, I GET RID OF THE VAN AND TAKE CARE OF THE VIOLATION.
OKAY, HERE'S WHAT I'M GOING TO DO.
YOU KNOW, WHATEVER ISSUES THERE WERE BETWEEN YOU AND THE OWNER OF THE PROPERTY AS FAR AS THEM GIVING YOU OR NOT GIVING YOU NOTICE OF THIS VIOLATION, THAT'S BETWEEN THE TWO OF YOU AS IT IS WITH THE CITY.
THEY FOLLOWED WHAT THEY WERE REQUIRED TO DO.
AND APPARENTLY FOR THREE YEARS YOU DID NOT.
SO I'M NOT INCLINED TO REDUCE A LOT MORE OFF OF WHAT THE CITY IS ASKING FOR, BECAUSE YOU KNEW THAT THIS VIOLATION EXISTED, BECAUSE YOU KNEW THAT YOU HAD TO HAVE A TAG ON THAT CAR, A VALID TAG, AND REGISTRATION ON THAT CAR.
WELL, BASICALLY I TURNED THE TAG IN, SO.
BUT YOUR VEHICLE WAS STILL THERE UNTIL YOU JUST TESTIFIED.
YOU JUST GOT RID OF THE VEHICLE A FEW MONTHS AGO, CORRECT? YES. OKAY.
SO FOR THREE YEARS, YOU HAD THAT VEHICLE SITTING IN THE DRIVEWAY WITHOUT A TAG ON IT? CORRECT? YES.
OKAY. I'M GOING TO REDUCE THE FINE TO $3,500.
WELL, NORMALLY THAT'S THE ORDER I'M ENTERING.
NOW, NORMALLY YOU HAVE 30 DAYS TO PAY.
THIS IS 30 DAYS SUFFICIENT TIME FOR YOU TO PAY THE $3,500? I CAN I HAVE MORE TIME? BECAUSE BASICALLY, HOW 60 DAYS CAN I MAKE PAYMENTS TO.
BECAUSE RIGHT NOW I'M A MARBLE AND TILE SETTERS, BUT I, I'M ACTUALLY I'LL GIVE YOU 90 DAYS.
I'LL GIVE YOU 90 DAYS TO PAY IT.
IF YOU HAVE A PROBLEM WITH THAT, YOU NEED TO COME BACK IN FRONT OF ME AND ASK FOR AN EXTENSION.
BUT IT'S 90 DAYS AND I MAY OR MAY NOT GIVE YOU AN EXTENSION, SO I'M JUST LETTING YOU KNOW THAT.
WELL, THE REASON I'M ASKING I'M BETWEEN JOBS.
I DO NOT HAVE ANY JOB LINED UP.
SO BASICALLY I'M UNEMPLOYED BECAUSE I WORK AS SELF-EMPLOYED.
SO THAT'S WHY I'M ASKING FOR TIME.
THAT'S BETWEEN YOU AND THE LANDLORD.
THAT'S NOTHING TO DO WITH THE CITY.
WHATEVER YOUR ISSUES ARE WITH THE LANDLORD, YOU NEED TO WORK THOSE OUT WITH THE LANDLORD.
YOU WERE AWARE THAT YOU NEEDED TO HAVE A TAG ON THAT VEHICLE, AND FOR THREE YEARS, YOU DIDN'T HAVE A TAG ON THE VEHICLE OR HAVE REGISTRATION ON THE VEHICLE, AND YOU HAD IT IN YOUR DRIVEWAY FOR THAT PERIOD OF TIME.
SO YOU'VE DONE NOTHING TO CORRECT THE VIOLATION THAT YOU KNEW EXISTED.
WELL, YEAH, IN MY PART, I DISREGARD THAT BECAUSE THAT'S WHAT.
[00:15:03]
SO I'M GIVING YOU 90 DAYS TO PAY IT.$3,500 IS WHAT IT'S BEING REDUCED TO.
AND IF AGAIN, IF YOU DON'T PAY IT, THE, THE FINE THAT'S IN EXISTENCE RIGHT NOW GETS REINSTATED.
THAT'S IT THEN. IT'S ANY CHANCE, ANY COMMUNICATION OR ANY CHANGE IN LAWS FROM THE CITY OF PALM BAY TO BE SENT IN NEW JERSEY TO THE OWNER, BUT AT THE SAME TIME TO BE SENT TO MY ADDRESS.
THE STATUTE REQUIRES IT BE SENT TO THE OWNER.
IF THEY CHOOSE TO GIVE NOTICE TO THE TENANT, THAT'S UP TO THEM.
BECAUSE IF I KNEW THIS FROM THE BEGINNING, I WOULD NOT BE HERE.
BUT THAT'S WATER UNDER THE BRIDGE AT THIS POINT.
SO WHY DO YOU NEED TO CONTACT? I NEED TO CONTACT YOU REGARDING THE PAY AND EVERYTHING.
YES, SIR. APPRECIATE IT. THAT'S IT.
YOU'RE ALL DONE. THAT'S IT. THAT'S IT.
THE CITY WILL SEND YOU A COPY OF THE ORDER.
THANK YOU. OUR NEXT CASE TO BE HEARD IS CB2 045220 AT 820 PALM BAY ROAD NORTHEAST.
GOOD AFTERNOON. GOOD AFTERNOON.
I AM THE PROPERTY MANAGER FOR 820 PALM BAY ROAD.
FOR THE BENEFIT OF MISSION CAPITAL INVESTMENTS.
OKAY. AND WE WERE MADE AWARE JUST RECENTLY OF A FINE FROM THE CITY OF PALM BAY GOING BACK TO 2020, WHICH WE WERE NOT NOTIFIED OF.
AND I JUST HAPPEN TO GET A PHONE CALL FROM THE CODE ENFORCEMENT OFFICER.
AND AT THAT TIME, THEN I TOOK CARE OF THE SITUATION.
SO I'M LOOKING TO TRY TO JUST GET ALL OF THE FINES REMOVED.
WHAT'S THE ADDRESS OF THE PROPERTY OWNER? EXCUSE ME? WHAT IS THE ADDRESS FOR THE PROPERTY OWNER? OH. THE ADDRESS.
THEIR ADDRESS IS THREE, SIX, FIVE, FIVE WEST ANTHEM WAY, SUITE A109421 ANTHEM ARIZONA 85086.
DO YOU HAVE ANYTHING FURTHER AT THIS TIME? I'M SORRY. WHAT? DO YOU HAVE ANYTHING FURTHER AT THIS TIME? WELL, THERE'S A LOT OF DIFFERENT ITEMS THAT WE HAVE AS TO WHY WE SHOULDN'T PAY.
THE VIOLATION FOR THE NOTICES, THEY WERE, I GUESS, PART OF THE STATUTE.
IT'S SUPPOSED TO BE FOR A COMMERCIAL PROPERTY HAND DELIVERED TO THE PROPERTY MANAGER.
IT WAS NEVER DELIVERED TO US OR IT SAID STATED ON A CERTIFIED RETURN RECEIPT, WHICH WE HAVEN'T SEEN ANYTHING LIKE THAT. WE SAW SOMETHING.
IT WAS SENT A USPS, BUT IT DIDN'T SAY ANYTHING ABOUT CERTIFIED MAIL.
THE ADDRESS ALSO ON FILE WAS A DIFFERENT ADDRESS IN THE PROPERTY APPRAISER'S WEBSITE.
IT DID NOT GO TO THE OWNERS, SO NO ONE WAS AWARE OF ANY OF THE SITUATION.
[00:20:20]
I HAVE A COPY OF A PROPERTY APPRAISER'S WEB PAGE INDICATING THAT THE ADDRESS IS A P.O.BOX IN PARADIGM TAX GROUP, DALLAS, TEXAS.
THAT'S WHAT THEY HAD, WHICH WAS INCORRECT.
AND WE HAD NO KNOWLEDGE THAT THAT WAS EVEN ON THERE.
THAT WAS A COMPANY, I GUESS THAT WAS DOING SOMETHING WITH TO DO WITH LIKE TAX, REAL ESTATE TAX.
AND I DON'T THINK THERE WAS ANY RETURN RECEIPT RECEIVED EITHER.
I SAW SOMETHING THAT SAID DELIVERY.
DID IT HAVE A COPY OF THE RECEIPT? NO, THAT'S WHAT I'M SAYING. SOMETIMES THE BANK, I MEAN, THE THE UNFORTUNATELY, THE POST OFFICE IS NOT THE GREATEST IN THE WORLD ANYMORE ABOUT GETTING THE GREEN CARDS BACK.
AND THAT'S WHAT I'M INDICATING TO YOU.
THE FILE REFLECTS THAT THE CERTIFIED MAIL WAS DELIVERED RIGHT, WHICH WE SAW THAT, WHICH, OF COURSE IS A COMPANY THAT WE DON'T EVEN KNOW WHO THEY ARE EXCEPT WE.
AFTER THIS, I RESEARCHED WHO THEY WERE AND FOUND OUT THAT IT WAS AT PARADIGM WHICH SAID ON THERE AND THEY'RE A REAL ESTATE TAX REDUCTION COMPANY.
OKAY. WHAT'S THE CITY'S POSITION? SABRINA NICHOLSON, SENIOR CODE ENFORCEMENT OFFICER, CITY OF PALM BAY CITY, HAS NO OBJECTION TO A REDUCTION OF THE LIEN WITH THE UNDERSTANDING THAT ADMINISTRATIVE FEES ARE COLLECTED IN THE AMOUNT OF $750.
CITY IS ALSO ASKING FOR 8% OF THE TOTAL LIEN TO BE PAID, WHICH IS $5,935.99, INCLUDING OUR I'M SORRY, THE ADDITION OF $750 FOR A TOTAL OF $6,685.99.
OKAY. AND WHAT IS YOUR POSITION REGARDING THE CITY'S POSITION ON THIS? I DON'T AGREE WITH THAT.
OKAY. LIKE I SAID, UNFORTUNATELY, LIKE, WE HAD NO IDEA OR KNOWLEDGE OF THIS.
I DID HAVE CONTACT WITH THE CODE ENFORCEMENT OFFICER EVEN A YEAR IN SIX MONTHS, EVEN BEFORE SHE ACTUALLY CONTACTED ME REGARDING THIS.
WE HAVE SIGNS ON THE PROPERTY, I HAVE EMAIL.
OTHER PRIOR EMAIL CONVERSATION WITH THE CODE ENFORCEMENT OFFICER THAT THEY COULD HAVE EVEN AT THAT TIME, TOLD ME THERE WAS A VIOLATION OUT THERE AND I WAS NEVER MADE AWARE OF IT.
OKAY. HERE AGAIN, SIMILAR TO THE LAST CASE, HERE'S WHAT PART OF THE ISSUE IS, IS THAT THE STATUTE DOES NOT REQUIRE A LOCAL GOVERNMENT TO GO OUT AND DETERMINE WHO'S ENTITLED TO RECEIVE NOTICES.
SO THE FACT THAT THEY DID NOT GET THE NOTICES IS IS NOT CANNOT BE IMPUTED TO THE CITY IN THIS PARTICULAR CIRCUMSTANCE, BECAUSE THEIR ONLY OBLIGATION IS TO GIVE NOTICES THAT ARE REQUIRED BY THE STATUTE.
AND THAT'S THE ADDRESS IN THE PROPERTY APPRAISER, TAX COLLECTORS, TAX COLLECTORS WEBSITE.
SO THEY THEY DID WHAT THEY WERE SUPPOSED TO DO.
AND THE FACT THAT YOUR CLIENT OR YOUR CUSTOMER DID NOT GET NOTICE, THAT'S BASICALLY FALLS WITH THEM BECAUSE THEY DIDN'T MAKE SURE THAT THE ADDRESSES THAT THEY HAVE WITH THOSE TWO ENTITIES WAS NOT THE CORRECT ADDRESS.
UNFORTUNATELY, YOUR CASE IS NOT THE FIRST CASE THAT THIS HAS HAPPENED.
[00:25:03]
THAT'S BEEN BEFORE ME.AND ALL THE CITY CAN DO IS WHAT THE STATUTE REQUIRES THEM TO DO.
SO SO I'M WONDERING, LIKE, I DON'T KNOW WHAT I HAD BECAUSE IT SAID LIKE AS FAR AS NOTICE OF CODE VIOLATION WHERE I HAD, IN THE CASE OF COMMERCIAL PREMISES, LEAVING THE NOTICE WITH THE MANAGER OR OTHER PERSON IN CHARGE, IS THAT.
BECAUSE IT'S COMMERCIAL BUSINESS, NOT RESIDENTIAL.
I MEAN, I DON'T KNOW WHAT STATUTE YOU'RE LOOKING.
WHAT STATUTE ARE YOU LOOKING AT? SECTION 162 .12.
DO YOU HAVE A COPY OF IT WITH YOU? I DO HAVE.
DO YOU WANT IT? YES. THANK YOU.
NO, THIS IS ONLY PART OF THE STATUTE.
THERE YOU GO. WHAT I WILL DO IS I WILL GO BACK, AND I WILL, I WILL, I WILL TENTATIVELY ENTER AN ORDER, AND I'M GOING TO REDUCE THE FINES TO BASED ON WHAT THE TYPE OF VIOLATIONS WERE.
I'M GOING TO REDUCE THE FINES TO $4,000 IF.
DID THE CITY PROVIDE NOTICE TO ANYONE OTHER THAN THE PROPERTY OWNER? NO, WE DID NOT.
OKAY. SO I'M GOING TO TENTATIVELY SIGN AN ORDER REDUCING THE FINES TO $4,500.
OKAY. SO AGAIN, THE ORDER NORMALLY SAYS FOR 30 DAYS TO PAY.
IS THAT SUFFICIENT TIME TO PAY? IT WOULD BE OKAY THEN.
IF SO, IF THE ORDER IS ENTERED REQUIRING PAYMENT, THERE WILL BE A PROVISION IN THERE FOR 30 DAYS.
AND IF IT'S NOT PAID WITHIN THE 30 DAYS, THEN IT WILL BE REINSTATED TO ITS CURRENT AMOUNT.
OKAY. AND THEN BUT I WILL RECEIVE NOTICE.
AND THEN THE STAFF SENDS IT TO, TO THE EACH OF THE PEOPLE APPEARING TODAY.
OUR NEXT CASE TO BE HEARD TODAY IS ITEM NUMBER FOUR ON THE AGENDA.
2388023. AT 2830 EMERSON DRIVE.
SIR. HELLO? WE HAD SOLD THE PROPERTY.
CAN YOU IDENTIFY YOURSELF FOR THE RECORD, PLEASE? ON MY ANTHONY BURGESS.
OKAY. WE HAD SOLD THE PROPERTY AT 2830 EMERSON DRIVE TO ALAN AND RHONDA SMITH BACK IN 2014.
WE TOOK BACK A MORTGAGE AT THAT POINT, AND I GUESS ABOUT TWO YEARS AGO, MR. SMITH PASSED AWAY.
AND THAT'S WHEN THE VIOLATION STARTED.
WE ENDED UP WE ENDED UP THEY STOPPED MAKING PAYMENTS, AND I GUESS THE HOUSE WENT INTO DISREPAIR AT THAT POINT.
SO WE WERE FORCED TO FORECLOSE ON THE PROPERTY AFTER THE FORECLOSURE.
WE GOT THE PROPERTY BACK ABOUT.
I GUESS IT WAS MAY 14TH OF THIS YEAR.
AND WE SET ABOUT TO IMPROVE THE PROPERTY TO ELIMINATE THE CODE VIOLATIONS.
[00:30:11]
THE REST OF THE COMMUNITY.OKAY. THE THE NOTICES OF VIOLATION WERE MAILED TO MR. AND MRS. SMITH AS OWNERS OF THE PROPERTY, AND WE WERE UNAWARE OF THEM UNTIL OCTOBER 2ND, I BELIEVE, OF THIS YEAR WHEN WE WE FOUND OUT ABOUT THE VIOLATIONS.
WE HAVE SINCE IMPROVED THE PROPERTY TO THE POINT WHERE THERE ARE NO VIOLATIONS THAT OCCURRED.
ALL RIGHT. AND HOW MUCH MONEY DID YOU EXPEND MAKING THE REPAIRS? I'M SORRY. HOW MUCH MONEY DID YOU EXPEND IN MAKING THE REPAIRS? OVER 100,000.
OKAY. AND WHAT IS THE CITY'S POSITION? SABRINA NICHOLSON, SENIOR CODE COMPLIANCE OFFICER, CITY OF PALM BAY THE CITY HAS NO OBJECTION IN REDUCTION OF THE LIEN WITH THE UNDERSTANDING THAT THE ADMINISTRATIVE FEES ARE COLLECTED IN THE AMOUNT OF $750.
THE CITY IS ALSO ASKING FOR 14% OF THE TOTAL LIEN TO BE PAID, WHICH WOULD BE $2,214.54, PLUS THE $750, FOR A TOTAL OF $2,964.54.
DO YOU HAVE A RESPONSE? I REALLY DIDN'T HEAR WHAT YOU HAVE TO SAY.
OH, SHE BASICALLY INDICATED THAT THE CITY HAS NO OBJECTION AS LONG AS THEY'RE REIMBURSED FOR $750 FOR THE ADMINISTRATIVE COSTS, AND 14% OF THE LIEN AMOUNT, WHICH THE TOTAL AMOUNT WOULD BE $2,964.54.
WHAT I'M GOING TO DO, I MEAN, ESPECIALLY BASED ON THE AMOUNT OF MONEY THAT YOU PAID ONCE YOU GOT TITLE BACK FOR THE PROPERTY, I'M GOING TO REDUCE THE FINE TO $750, WHICH IS THE ADMINISTRATIVE COST.
THE CITY HAD TO PROCEED WITH THE ORIGINAL CODE ENFORCEMENT PROCEEDING.
SO I'M GOING TO I'M GOING TO REDUCE IT TO THE $750 ADMINISTRATIVE COST.
OKAY. AND AGAIN, IT'S 30 DAYS.
IS THAT SUFFICIENT TIME TO PAY? YEAH, I CAN DO THAT. OKAY.
OKAY. OUR NEXT CASE TO BE HEARD IS CB 2371023 AT 717 STARLAND STREET SOUTHEAST.
OH. WE'RE HERE BECAUSE WE GOT A FINE, BECAUSE THE RESIDENT WASN'T LIKE THERE WAS SOMETHING ABOUT A CLEANING AND LIKE, THE PROPERTY WAS DIRTY.
OKAY. BASED ON WHAT WAS IN THE NOTICE OF VIOLATION FOR THE CODE ENFORCEMENT MAGISTRATE, IT HAS TO DO WITH VEHICLES IN THE IN THE DRIVEWAY, IN THE YARD, AND THEN ACCUMULATION OF TRASH AND DEBRIS.
YEAH. MY MOM TOLD THE RESIDENT TO MY MOM TOLD THE RESIDENT TO
[00:35:01]
CLEAN IT UP MULTIPLE TIMES AND HE SAID HE'D DO IT, BUT HE NEVER DID.AND WE GAVE HIM LIKE MULTIPLE DAYS TO DO THE CLEANING.
OKAY. DID YOUR MOTHER RECEIVE THE NOTICE TO APPEAR IN FRONT OF THE SPECIAL MAGISTRATE? I RECEIVED NOTICE FROM.
THE MINNESOTA BECAUSE OF MINNESOTA.
WE RECEIVED IT A COUPLE DAYS AGO.
NO, THERE WAS A THE CODE ENFORCEMENT MAGISTRATE HEARING WAS BACK IN.
THIS WOULD HAVE BEEN MAY OF 2023.
YEAH. SHE SAYS SHE DIDN'T RECEIVE IT LAST YEAR.
SHE SAYS SHE DIDN'T RECEIVE IT.
WELL, SOMEBODY PICKED IT UP, ACCORDING TO THIS FROM THE POST OFFICE.
TIM. SO SHE SAID SHE RECEIVED SOMETHING TWO YEARS AGO.
THAT THE THE ONLY THING THAT'S IN THE FILE HAS TO DO WITH WHAT HAPPENED LAST YEAR.
THE NOTICE, THE ORIGINAL NOTICE WENT OUT IN FEBRUARY OF LAST YEAR IN 2023.
SO BASICALLY ALMOST TWO YEARS AGO.
OKAY. SO SHE DID GET THE NOTICE.
SO MY QUESTION IS IS WHY SHE DIDN'T GO TO THE HEARING.
WHICH HEARING? I MEAN, IF THERE WERE ISSUES WITH THE TENANT THEN SHE COULD HAVE PRESENTED THAT TO THE SPECIAL MAGISTRATE AT THE HEARING RATHER THAN DEALING WITH IT NOW.
THAT'S THE ONLY REASON I KNOW ABOUT IT.
WHEN DID SHE FIND OUT ABOUT IT? SO-CALLED. DREAM 3 OR 4 MONTHS AGO, SHE SAID SHE RECEIVED IT 3 TO 4 MONTHS AGO.
RECEIVED WHAT? LIKE THE DEFENSIVE ONE? THAT OF THE LETTER? WHAT? I MEAN, WHAT WAS IN THE LETTER? OF PALM BAY.
SHE SAID THE LETTER HAD A TO TELL TO LIKE, CLEAN THE PROPERTY.
AND IF WE DON'T CLEAN IT, THERE WOULD BE LIKE A FINE.
OKAY. WELL, THAT ORDER THAT THAT PAPERWORK GOT SENT OUT IN MAY OF LAST YEAR, NOT 3 OR 4 MONTHS AGO.
LET ME ASK A DIFFERENT QUESTION.
SO YOU SAID YOU FOUND OUT ABOUT IT 3 OR 4 MONTHS AGO.
WHEN DID YOU CLEAN UP THE PROPERTY? SHE RECEIVED THE MAIL TWO YEARS AGO.
WE CLEANED IT, LIKE RIGHT AFTER.
ARE THE SAME TENANTS STILL ON THE PROPERTY.
[00:40:05]
YES. OKAY.AND WHOSE VEHICLE OR VEHICLES WERE ON THE PROPERTY THAT WERE THE VIOLATIONS? THE TENANTS CAR.
AND WHEN WERE THOSE REMOVED? JUNE. AND IT'S STILL.
SO THE END OF LAST YEAR? YES. AND WHEN WAS THE LAST TIME THAT YOU CLEANED THE PROPERTY OR HAD THE TENANT CLEANED THE PROPERTY? AND ALSO. HOW DOES NOT ONE LAST TIME CLEAN UP? THE TRASH. SO.
OKAY. AND WHAT'S THE CITY'S POSITION REGARDING THIS? CITY HAS NO OBJECTION TO A REDUCTION OF THE LIEN WITH THE UNDERSIGNED.
IDENTIFY YOURSELF FOR THIS HEARING.
TO EXCUSE ME, PLEASE IDENTIFY YOURSELF FOR THIS HEARING TO.
OKAY. SABRINA NICHOLSON, SENIOR CODE ENFORCEMENT OFFICER, CITY OF PALM BAY CITY HAS NO OBJECTION TO A REDUCTION OF THE LIEN WITH THE UNDERSTANDING THAT ADMINISTRATIVE FEES ARE COLLECTED IN THE AMOUNT OF $750.
THE CITY IS ALSO ASKING FOR A 13% OF THE TOTAL FINE.
TOTAL LIENS TO BE PAID $3,176.97, PLUS THE $750 WOULD BE $26.97.
WHAT'S NEW? AND WHAT'S YOUR POSITION REGARDING THE CITY'S STATEMENTS? WE ABLE TO, LIKE, REDUCE THE FINE.
I MAY DO THAT, BUT I JUST WANT TO KNOW WHAT YOUR RESPONSE IS TO THE CITY'S.
SO DO YOU AGREE? CAN YOU, LIKE? EXPLAIN WHAT? LIKE WHAT DOES THAT MEAN? WHAT DOES IT MEAN? IT MEANS THAT THE CITY GENERALLY INCURS EXPENSE OF $750 FOR STAFF.
TIME TO PROCESS A CASE FROM THE BEGINNING THROUGH THE SPECIAL MAGISTRATE HEARING.
AND THEN THE CITY IS ALSO REQUESTING, IN ADDITION TO THAT AMOUNT OF MONEY, A PERCENTAGE OF THE LIEN THAT'S OUTSTANDING RIGHT NOW. THAT'S WHAT THE 13% IS THAT THEY'RE ASKING FOR.
SO THAT'S WHAT THAT'S WHAT THE CITY'S POSITION IS.
SO THE QUESTION IS JUST THE PERCENTAGE.
PERCENTAGE. DO YOU AGREE WITH THE PERCENTAGE? YEAH, I THINK SO.
[00:45:04]
THOSE NUMBERS. I DON'T UNDERSTAND WHAT PERCENTAGE MEANS.MY MOM SAYS SHE DOESN'T UNDERSTAND WHAT LIKE THE PERCENTAGE IS SUPPOSED TO BE.
IT'S WHATEVER. THAT'S WHAT THE CITY IS ASKING FOR.
THE AMOUNT OF THE TOTAL AMOUNT OF THE LIEN RIGHT NOW IS $24,438.25.
THAT'S WHAT THE TOTAL AMOUNT OF THE LIEN IS RIGHT NOW.
YOU'VE ASKED FOR OR YOUR MOM HAS ASKED FOR A REDUCTION IN THE LIEN AMOUNT.
THE CITY IS SAYING WE'RE NOT AGREEING TO A TOTAL REDUCTION IN THE LIEN AMOUNT.
SO THEY'RE JUST PICKING A NUMBER.
THAT'S ALL THEY'VE DONE IS JUST PICK A NUMBER THAT THERE.
THAT'S THE NUMBER THAT THEY'VE TALKED AMONGST THEMSELVES WITH STAFF, AND THAT'S THE NUMBER THEY'RE PRESENTING TO ME AS THE MAGISTRATE AS TO WHAT THEY WANT TO BE PAID, SO TO SPEAK, IN ORDER TO ALLOW THE LIEN TO BE REDUCED.
THAT MEANS THEY'VE ASKED IN THE PAST FOR ANYWHERE FROM 3% TO 20 SOMETHING PERCENT.
IT'S THEY'VE JUST ARBITRARILY PICKED A NUMBER AND THAT'S THE NUMBER THEY'VE PICKED IN YOUR CASE.
I DON'T THINK MY MOM AGREES TO THAT.
ALL RIGHT. AND YOUR ADDRESS IS.
IS IT? IS IT 1233? YEAH. 1233 SORRENTO CIRCLE, WEST MELBOURNE.
OKAY. SO I'M GOING TO REDUCE THE FINE.
SO I HAVE TO ASSUME THAT THAT NOTICE WAS WAS RECEIVED.
AND THE SPECIAL MAGISTRATE FOUND THE VIOLATIONS TO EXIST, SO I CAN'T CHANGE THAT.
SO THAT'S THOSE VIOLATIONS ARE FOUND TO EXIST.
AND THE CONCERN I HAVE IS, IS THAT YOU BASICALLY, BASED ON THE EVIDENCE, YOU KNOW, YOU BASICALLY IGNORED OR YOUR MOTHER IGNORED PICKING UP HER MAIL REGARDING THE NOTICES THAT WERE SENT OUT.
I'M GOING TO REDUCE THE FINE TO.
TWO. I'M GOING TO REDUCE THE FINE TO $3,000.
AND AS I'VE INDICATED IN THE OTHER CASES, NORMALLY THE ORDER PROVIDES REPAYMENT IN 30 DAYS.
IS THAT SUFFICIENT TIME TO REPAY $3,000? 30. $3,000.30.
SHE'S WONDERING IF YOU CAN TAKE A LITTLE BIT MORE OFF THE FINE OR.
YEAH. CAN WE MAKE IT THE TIME LONGER TO PAY? I CAN GO UP TO 90 DAYS AS.
THAT'S FINE. THAT'S ABOUT ALL I'VE EVER DONE BEFORE.
HOW MUCH DO WE HAVE TO PAY AGAIN? $3,000. 3000? YEAH. OKAY. 90 DAYS.
AND THE. AND THE I'LL ENTER AN ORDER, AND THEN THE CITY WILL PROVIDE YOU A COPY.
CAN I ALSO GET YOUR NAME? BECAUSE I DIDN'T GET YOUR NAME.
OUR NEXT CASE TO BE HEARD IS KB 1714315 AT 1831 PALM BAY ROAD NORTHEAST.
[00:50:05]
I ALSO HAVE MR. BOBBY DAHL AND MIKE THELANDER HERE.MR. THELANDER IS THE MANAGER OF THE PROPERTY, AND MR. DAHL IS THE PRINCIPAL OF THE CORPORATION THAT OWNS THE PROPERTY.
WE ALSO HAVE OUTSTANDING CURRENTLY, JUST FOR YOUR RECORD, THREE PUBLIC RECORDS REQUESTS CONCERNING THIS PROPERTY, INCLUDING THE PUBLIC RECORDS OF PALM BAY, BECAUSE WE HAVE NO EVIDENCE OF RECEIPT OF THE ORIGINAL NOTICE OR STATEMENT OF VIOLATION BY WAY OF HISTORY.
MR. DOLL AND BOBBY JENKS, INC., WHEN IT HAS RECEIVED A VIOLATION NOTICE, HAS TO.
IN EARLY OCTOBER, WE DISCOVERED ANOTHER VIOLATION THAT HAD BEEN PENDING CONCERNING BASICALLY VAGRANTS OR HOMELESS PEOPLE USING THE PROPERTY FOR CAMPING AND OTHER RESIDENTIAL PURPOSES, WHICH WE HAVE TAKEN CARE OF.
AND MR. DAHL PAID THAT WITHOUT SEEKING A PETITION FOR REDUCTION.
AS YOU MAY KNOW, BECAUSE I BELIEVE YOUR OFFICE, MR. BEATLES AROUND THE CORNER.
AND IT WAS KNOWN AS THE GREEN TEA, A DRIVE THRU ASIAN FOOD RESTAURANT.
IT HAD BEEN POSSESSED AND USED BY A TENANT SINCE 2001, AND THE LAST LEASE IN THIS WAS ENTERED INTO IN 2013 WITH THE SAME GENERAL FAMILY OR GROUP OF FAMILY MEMBERS RUNNING THE RESTAURANT.
YOU MAY HAVE EVIDENCE OF A CERTIFIED MAIL RETURN RECEIPT.
I DON'T KNOW, WE DON'T HAVE ONE, SO AND I HAVEN'T BEEN ABLE TO LOCATE ONE.
GREASE TRAP OR GREASE VENT CLEANING.
AND THAT WOULD HAVE BEEN AN OBLIGATION OF THE TENANT UNDER THE LEASE.
AND LOGICALLY, THEY WOULD NOT HAVE BEEN ABLE TO REMAIN OPEN FOR BUSINESS HAD THEY NOT DONE SUCH THINGS OVER THE COURSE OF THE REMAINING THE NEXT NINE YEARS, BASICALLY, OF THEIR USE OF THE PROPERTY.
THEY VACATED THE PROPERTY IN 2020 2ND JULY OF 22, AND WERE CLOSED FOR APPROXIMATELY A MONTH IN 2020 DUE TO COVID, AND I WOULD PRESENT TO THE TO TO YOUR TO YOU DOCUMENTS THAT WE BELIEVE THAT THERE WAS COMPLIANCE.
DEALING WITH DELIVERY OF NOTICES.
OUR SUITE IS SET FORTH ON THE PETITION.
BUT IN ANY EVENT IF YOU'D LIKE A COPY, I THINK YOU'RE RIGHT.
I THINK YOU KNOW THE STATUTE BETTER THAN PROBABLY MOST OF US.
BUT IN ANY EVENT, WE BELIEVE THAT, YOU KNOW, YEAH.
OOPS, SORRY. THE CODE ENFORCEMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW.
SUCH FINES SHALL BE CHARGED INTEREST, ETC.
AND I THINK THAT'S IMPORTANT BECAUSE I HAVE EVIDENCE THAT OBVIOUSLY THE TENANT WAS AWARE OF THIS.
AND I HAVE A PACKET THAT I CAN PROVIDE TO THE CITY AND TO YOU WHICH IS A GROUP PACKET.
WOULD YOU LIKE A COPY, MA'AM? WHAT THIS PACKET IS NOT ONLY SHOWS THE CLEANING OF THE GREASE TRAPS BACK IN OCTOBER, THE FIRST GROUPING IS THE CLEANING OF THE GROOVE GROOVE.
15TH AUGUST 25TH, 2015, AND THEN AGAIN IN NOVEMBER OF 2015.
THE SAME GROUP. AND THEN BEHIND THAT, SIR, IS ALL OF THE ACTUAL INVOICES THAT SUPPORT THAT SUMMARY.
AND OBVIOUSLY THEY HAVE REMAINED OPEN FROM 2015 TO BASICALLY JULY OF 22, WHICH WOULD BE EITHER A DEPARTMENT OF HEALTH, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS OR FIRE DEPARTMENT ISSUE TO ALLOW A RESTAURANT TO REMAIN OPEN FOR THAT PERIOD OF TIME WITHOUT CLEANING ITS GREASE TRAPS.
[00:55:06]
AND THESE DOCUMENTS SHOW THAT NOT ONLY WAS THERE COMPLIANCE WITH THE NOTICE, THE STATEMENT OF VIOLATION, AND THE FINDINGS OF FACT AND CONCLUSION.BEGINNING IN AUGUST OF 2015 AND THEN THROUGH OUT THE LIFE THAT THEY WERE CLEANED AT LEAST ANNUALLY, IF NOT MULTIPLE TIMES DURING THE YEAR, WHICH IS EVIDENCED BY THE INVOICES IN THE SUMMARY FROM SOS SEPTIC AND SEWER.
SO THE POINT BEING THAT THERE IS COMPLIANCE, THERE JUST WAS A FAILURE ON BEHALF OF THE TENANT TO NOTIFY THE CITY OF COMPLIANCE WITH THE VIOLATION, WHICH WE BELIEVE WAS DUE TO A LANGUAGE BARRIER.
THE THE TENANTS WERE SPOKE VERY LITTLE ENGLISH, IF AT ALL.
MY CLIENT, MR. DULL, DEALT WITH AN ATTORNEY OUT OF NEW YORK IN DOING THE LEASES OR IN NEGOTIATING LEASES, AND EVERY TIME ATTEMPTED TO COMMUNICATE WITH THE TENANTS ABOUT ANYTHING. THEY WERE TOLD THAT THEY DIDN'T REALLY UNDERSTAND ENGLISH.
THAT'S ALSO WHY I'VE DONE A PUBLIC RECORDS REQUEST TO THE FIRE DEPARTMENT AND DPR AND THE DEPARTMENT OF HEALTH BECAUSE LOGIC WOULD LEAD MOST TO BELIEVE THAT THIS RESTAURANT WOULD NOT HAVE BEEN ABLE TO REMAIN OPEN FOR THAT PERIOD OF TIME WITH THIS TYPE OF ONGOING VIOLATION IN FOOD SERVICE.
AND MR. DAHL CAN TESTIFY ABOUT HIS LACK OF KNOWLEDGE OR UNDERSTANDING OR NOTICE OF THE VIOLATION, AND SO CAN MR. THELANDER. AND I THINK THE CITY'S RECORDS WILL SHOW THAT WHEN NOTICE WAS RECEIVED, THEY WERE ADDRESSED AND TAKEN CARE OF.
AND WE ONLY DISCOVERED THIS IN DOING A PROPERTY SEARCH BACK IN LATE SEPTEMBER 2024, AT THE TIME THAT WE FOUND THIS ONGOING HEFTY VIOLATION. AND THEREFORE WE REQUEST A REDUCTION IN THE VIOLATION, IF NOT IN IN TOTAL, DUE TO THE COMPLIANCE AND THE EVIDENCE OF COMPLIANCE BY THE INVOICES I PROVIDED.
BUT, YOU KNOW, WE'RE HERE FOR ANY REASONABLE CONSIDERATION BY THE CITY AND BY YOURSELF.
AND MR. DAHL AND MR. THELANDER ARE AVAILABLE TO ANSWER ANY QUESTIONS IF YOU HAVE SOME SPECIFICALLY FOR THEM.
OR I CAN ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
OKAY. LET'S GET THE CITY'S POSITION BEFORE WE GET INTO ANYTHING ELSE RIGHT NOW.
WHAT'S THE CITY'S POSITION? CAN YOU CAN YOU BRING THOSE UP? OKAY, I HAVE TWO RETURN RECEIPT GREEN CARDS FOR BOBBY WOODS THAT WERE SIGNED.
LOOKS LIKE ONE WAS SIGNED BY CAROL TERES AND ANOTHER BY.
DON OR DOM? SOMEBODY I CAN'T READ THEIR LAST NAME OR DON WHITE.
TOM WHITE. TOM WHITE WAS THE ACCOUNTANT.
MR. WHITE PASSED AWAY A COUPLE OF YEARS AGO.
WHERE? MR. BOBBY DAHL'S ACCOUNTANTS.
OKAY. WELL, THE ADDRESS ON HERE IS THE 1800 WEST HIBISCUS.
THAT'S WHAT THE PROPERTY APPRAISER'S WEBSITE.
YES. SO THAT ANSWERS THAT QUESTION THAT YOU DID HAVE ABOUT WHETHER OR NOT NOTICE WAS RECEIVED.
SO THAT TAKES CARE OF THAT ISSUE.
AND WHAT'S THE CITY'S POSITION REGARDING THE REQUEST? SABRINA NICHOLSON, SENIOR CODE ENFORCEMENT OFFICER, CITY OF PALM BAY CITY, HAS NO OBJECTION IN A REDUCTION OF THE LIEN WITH THE UNDERSTANDING THAT THE ADMINISTRATIVE FEES ARE COLLECTED IN THE AMOUNT OF $750.
CITY IS ALSO ASKING FOR 3% OF THE TOTAL LIEN TO BE PAID.
I'M SORRY, $7,420.41, WITH THE $750 ADMINISTRATIVE FEE, FOR A TOTAL OF AND $0.41.
OKAY. I ALREADY KNOW YOUR RESPONSE TO THAT.
OKAY. I GUESS WHAT I NEED IS FOR EITHER MR. THELANDER OR MR. DODDS TO COME UP AND CONFIRM THAT WHAT YOU REPRESENTED IS, IN FACT, WHAT THE FACTS ARE.
SO, MR. DAHL AND MR. THELANDER TO MR. THELANDER OBTAINED THE SEPTIC RECTOR.
[01:00:01]
MY NAME IS BOBBY DAHL.OKAY. AND MR. LARKIN MADE CERTAIN REPRESENTATIONS REGARDING FACTS THAT ARE OBVIOUSLY IN YOUR KNOWLEDGE, NOT HIS.
THAT PERSONAL KNOWLEDGE THAT EVERYTHING THAT HE REPRESENTED TO ME IS THAT ACCURATE? THE ONLY MR ACCURATE SEE THAT HE MAY HAVE STATED WAS I BELIEVE THEY WERE OPEN THROUGH NOVEMBER OF 2022, NOT JULY.
I'M SORRY. BECAUSE THAT'S THE LAST MONTH THAT THEY PAID THEIR RENT.
EVERYTHING ELSE HE SAID IS ACCURATE.
OKAY. AND AND AS HE SAID OVER THE YEARS, WHENEVER I RECEIVE THESE BECAUSE THE LACK.
I WANT TO STRESS THE LANGUAGE BARRIER ISSUE, THOUGH WE DID OBVIOUSLY WITH THE GREEN CARDS, RECEIVE THE NOTICES WHENEVER THEY WE TRIED TO COMMUNICATE ANY TYPE OF COMMUNICATION WITH THEM, IT WAS STRICTLY NO SPEAK ENGLISH.
WHICH WAS VERY DIFFICULT TO, FOR, FOR, FOR THIS SITUATION.
BUT AND ANY THAT I, ANY OF THESE NOTICES THAT I EVER RECEIVED, I ALWAYS DID JUST PAY FOR THEM OUT OF MY POCKET AND GET THEM TAKEN CARE OF THEM AND DIDN'T EVEN RECHARGE THE RESTAURANT.
I JUST DIDN'T WANT IT EVER TO END UP IN ANY TYPE OF LIEN OR COURT SITUATION LIKE THIS.
SO BUT EVERYTHING HE HAS STATED IS ACCURATE.
MR. THELANDER, DID YOU OBTAIN THE SOS RECORDS FOR.
YES. AND WHERE DID YOU GET THOSE? MICHAEL THELANDER I CONTACTED SOS SEPTIC DIRECTLY AND JUST ASKED THEM FOR ALL OF THE RECORDS FOR THE ADDRESS.
WE HAD MR. DAHL HAD CONTACTED HIS ACCOUNTANT TRYING TO PULL UP RECORDS OF ANYTHING.
WE HAD PAID THOSE KINDS OF THINGS.
AND I SAID, WELL, LET'S GO TO THE SOURCE.
SEPTIC AND SAID, CAN I GET EVERYTHING FROM 2015 FORWARD? JUST TO MAKE SURE THAT THEY WERE IN COMPLIANCE.
WE JUST TOOK CARE OF THE ISSUE.
I HAVE QUESTIONS, BUT I DON'T THINK EITHER YOU OR THE CITY CAN ANSWER THE QUESTION.
SO I DO BELIEVE ACTUALLY, LET ME ASK YOU A DIFFERENT.
SO I BELIEVE THAT THERE'S A DIFFERENCE BETWEEN WHAT SEWS CLEANED VERSUS WHAT THEY ACTUALLY WERE.
THE FIRE DEPARTMENT WAS INSPECTING AND CALLING IN VIOLATION.
SO I THINK THERE WAS TWO DIFFERENT ISSUES.
OKAY. SO WHAT DO YOU UNDERSTAND THE DISTINCTION SHE'S MAKING? IT'S THE VIOLATION THAT WAS CITED WAS NOT THE GREASE TRAP IT HAD TO DO WITH.
THERE'S ALSO RECEIPTS FOR LN, WHICH I BELIEVE IS THE CLEANING OF THE OF THE HOOD.
WHICH ONES ARE THOSE? THOSE ARE DIFFERENT THAN THE GREASE TRAP.
NO, NO, NO, I KNOW, BUT I'M JUST SAYING WHICH WHICH ONE OF THESE RECEIPTS IS IT THAT I CAN'T? SO HOLD ON. I COULDN'T ACCURATELY PROBABLY SO.
YES. THE GROUPING THAT I PROVIDED CONTAINS THE GREASE TRAP PUMPING IS OUR UNDERSTANDING.
WELL, THE GREASE TRAP IS USUALLY OUTSIDE.
YEAH, BUT IT COMES THROUGH THE HOOD SYSTEM.
CAN I GO AHEAD? YOU CAN ANSWER THAT IF YOU KNOW, BUT I ACTUALLY OPERATED THE RESTAURANT FOR ONE YEAR AS A HOT DOG.
IT WAS CALLED GO DOG GO IN 1998.
AND WHEN I HAD THE HOODS AND THE GREASE TRAPS CLEANED, IT WAS ALL IN ONE BUILDING.
AND IT WOULD TYPICALLY SAY GREASE TRAP AND OTHER SERVICES.
AND IT IT, I DON'T THINK I EVER GOT A RECEIPT THAT TECHNICALLY SAID THE, THE HOODS TO MY, TO MY KNOWLEDGE.
OKAY. YEAH. IT'S DURING THE YEAR OF OPERATION THAT I RAN THE RESTAURANT.
[01:05:02]
BUT THERE ARE YOU ARE CORRECT.THERE ARE INVOICES IN HERE FOR OTHER THINGS.
CORRECT. I'M NOT I'M NOT DISPUTING THAT.
I'M JUST TRYING TO FIGURE OUT WHAT THOSE ACTUALLY RELATE TO BECAUSE I DON'T KNOW WHAT AN LZ.
I DON'T KNOW WHAT AN LZ CLEANING IS.
LIFT STATION. OKAY, SO THERE'S A LIFT STATION CLEAN.
THE GREASE TRAP PUMPING. BECAUSE THE GREASE TRAP IS WHAT COMES THROUGH THE VENT SYSTEM.
IT'S NOT LIKE THE, YOU KNOW, THE THE GREASE ITSELF THAT THEY COOK WITH.
AND SO THAT'S WHY, YOU KNOW, THIS IS WHAT THEY HAD DONE BY SOS TO RUN THE OPERATION OF THE RESTAURANT. THE PROBLEM IS THAT I HAVE TO ASSUME THAT BECAUSE THERE'S BECAUSE THERE'S NOTHING IN HERE THAT SAYS THAT.
DO YOU KNOW WHETHER OR NOT THE FIRE DEPARTMENT CITED THIS PROPERTY AGAIN AFTER THIS ORIGINAL CITATION FOR NOT CLEANING THE FOR THE HOOD? I DON'T HAVE THAT INFORMATION.
THAT WAS THE ONE QUESTION I HAVE.
I HAVE A PUBLIC RECORDS REQUEST TO THE FIRE DEPARTMENT, BUT I HAVEN'T GOT A RESPONSE YET.
BEEN PLACED IN AN ODD PREDICAMENT.
IF IT HELPS, MY CLIENT IS WILLING TO ACCEPT THE CITY'S REDUCTION.
OKAY. AND CAN PAY TODAY IF NEED BE.
WELL, YOU GOT 30 DAYS, SO THAT'S.
THAT'S FINE. HE WANTED TO MAKE SURE.
I'M JUST. I'M JUST WANTING TO SAY IT ON THE RECORD.
I MEAN, THERE'S A LOT OF WORK THAT WAS DONE BASED ON THESE INVOICES.
THE PROBLEM IS, IS THAT YOU HAVE TO MAKE A JUMP OF FAITH THAT THE VIOLATION WAS REMEDIED WITHIN THESE INVOICES, AND I CAN'T TELL THAT BY READING THOSE.
BY THE FIRE DEPARTMENT. TO THE.
TO THE TENANT AT LEAST REGARDING THIS OR A SIMILAR ISSUE.
AND THERE'S NOT ANYTHING THAT I'M AWARE OF EITHER.
I'LL JUST REDUCE IT TO $7,500.
OKAY. AND IF THE IF THERE WAS BETTER INFORMATION, I MIGHT HAVE BEEN CONVINCED TO REDUCE IT FURTHER.
BUT WITHOUT ANYTHING FURTHER, I'M JUST GOING TO REDUCE IT TO 7500.
YES, SIR. MR. BEETLE, IS YOUR TIME FRAME STILL 30, 30 DAYS? YEAH, IT'LL BE 30 DAYS. OKAY.
THANK YOU. SO WE JUST WRITE A CHECK FOR THAT.
[01:10:08]
GOING BACK TO ITEM NUMBER THREE CB 22878228749 FAIRHAVEN STREET NORTHEAST.THE APPLICANT IS NOT PRESENT TODAY.
ALL RIGHT. THIS IS THE FIRST TIME.
ALL RIGHT I'LL ENTER AN ORDER CONTINUING IT.
AND ITEM NUMBER SEVEN CB 2476924 AT 2813 FLORESTA DRIVE NORTHEAST.
THIS WAS A LATE ADDITION BECAUSE THE SALE FELL THROUGH ON FRIDAY.
SO CAN WE TABLE THIS ONE AS WELL? YES. THANK YOU.
I'LL SIGN THE MINUTES FROM THE LAST MEETING.
[ADOPTION OF MINUTES]
AND THERE BEING NO FURTHER BUSINESS.IT'S 212. THE MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.