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[00:00:03]

I LIKE TO CALL TO ORDER THE SPECIAL MAGISTRATE HEARINGS FOR DECEMBER 18TH, 2024.

[CALL TO ORDER ]

IT'S 1:00 PM.

MY NAME IS JAMES BEADLE.

I AM THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION IN CODE ENFORCEMENT LIENS.

THE GENERAL PROCEDURE IS, IS THAT THE APPLICANT WILL COME UP TO THE MICROPHONE AT THE PODIUM AND IDENTIFY THEMSELVES AND PRESENT THE BASIS FOR WHICH THEY'RE SEEKING THE REDUCTION.

THE CITY THEN HAS THE OPPORTUNITY TO RESPOND TO THE PRESENTATION BY THE APPLICANT, AND THE APPLICANT HAS AN OPPORTUNITY TO RESPOND TO THE CITY'S POSITION.

AND AT THIS POINT, I'LL TURN IT OVER TO THE CLERK TO SWEAR IN ANYBODY WHO'S GOING TO TESTIFY.

YOU'RE GOING TO GIVE TESTIMONY TODAY.

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? YES. THANK YOU. YOU MAY BE SEATED.

READY, MR. BEADLE? OKAY. OUR FIRST CASE TO BE HEARD IS CCB CV 2287822 AT 749 FAIRHAVEN STREET NORTHEAST.

[PETITION FOR RELIEF ]

GOOD AFTERNOON EVERYONE.

MY NAME IS LUCIANO BAR.

PROPERTY IS 749 FAIRHAVEN STREET NORTHEAST.

IN REGARDS TO VIOLATIONS ON THE APPEARANCE OF THE PROPERTY.

THE PROPERTY WAS IN VIOLATION OF, I BELIEVE PAINT ON THE EXTERIOR OF THE HOME, AS WELL AS A FENCE REMOVAL.

BOTH OF THOSE ITEMS WERE TAKEN CARE OF.

SHORTLY AFTER THE CODE ENFORCEMENT LETTERS CAME TO THE MAIL.

I HAVE PROOF OF THE WORK THAT WAS DONE, AS WELL AS THE PAYMENTS MADE TO THE CONTRACTOR THAT TOOK CARE OF THE WORK.

OKAY. COULD YOU LET ME SEE THOSE, PLEASE? EXCUSE ME. COULD YOU LET ME SEE THOSE? SURE.

I HAVE A BUNCH OF OTHER STUFF IN THAT STORE.

JUST WANTED TO SEE WHEN.

WHEN YOU'D ACTUALLY TOOK CARE OF THEM.

WHO'S COURTNEY PINNOCK? AFTER THAT JOB, AS WELL AS THE FENCE REMOVAL.

DID YOU APPEAR AT THE CODE ENFORCEMENT BOARD HEARING? I DID NOT. THIS IS A CLOSED HEARING.

OKAY. IS THERE A REASON YOU DIDN'T GO TO THAT HEARING? IT WAS NOT AWARE OF THE HEARING.

THE MAILING ADDRESS THAT YOU ALL HAVE ON FILE IS MY MOM'S HOUSE IN NEW YORK, BECAUSE THAT'S WHERE I USED TO LIVE.

I WASN'T AWARE THAT A LETTER CAME FOR A HEARING.

HOW DID YOU ULTIMATELY FIND OUT ABOUT THE ORDER? SHE TOLD ME ABOUT IT. OKAY.

ALL RIGHT.

ALL RIGHT. DID YOU JUST PAY HIM THE $1,700 TO DO BOTH OR.

NO. IT WAS A CELL.

IT WASN'T A. OH, OKAY.

OKAY. HOLD ON.

HOLD. ON.

OKAY. SO THE NEXT QUESTION IS, DID YOU CONTACT THE CITY TO LET THEM KNOW THAT YOU TOOK CARE OF THIS? NO. AND I KNOW THAT THAT MY MOM WOULDN'T EVEN KNOW HOW TO DO THAT ONLINE IF THAT WAS OKAY.

SO WE WERE UNDER THE IMPRESSION THAT THE CITY WOULD COME BACK AND DO A CHECK OF THE PROPERTY.

COME ON. THAT NEVER HAPPENED.

OKAY. OKAY, THANKS.

NO PROBLEM. I DO HAVE I DO HAVE ONE MORE OBSERVATION FOR YOU, THOUGH.

THE. AND JUST TO LET YOU KNOW THIS FOR PURPOSES OF CODE ENFORCEMENT, LOCAL GOVERNMENTS ARE ONLY OBLIGATED TO SEND NOTICES TO THE

[00:05:07]

PROPERTY ADDRESS THAT'S PROVIDED BY THE OWNER.

THANK YOU. AND AS OF.

MIDDLE OF LAST MONTH, THE MAILING ADDRESS FOR THE PROPERTY IS STILL IN NEW YORK.

ONE 3041.

SO YOU'RE GOING TO RUN INTO THE SAME PROBLEM AGAIN UNLESS YOU CHANGE THE ADDRESS.

OKAY. WITH THE PROPERTY APPRAISER AND THE TAX COLLECTOR.

SO SO IS THAT IS THAT SOMETHING I CAN DO ONLINE OR DO I HAVE TO DO IT? I HAVE NO IDEA. I JUST CALL THEM ON THE PHONE AND TELL THEM.

YOU TELL THEM. OKAY.

BECAUSE I JUST I JUST THIS IS GOING TO HAPPEN AGAIN IF YOUR MOM DOESN'T TELL YOU ABOUT IT.

I'M A FLIGHT ATTENDANT, SO.

OKAY. IT WAS SAFER TO HAVE HER AS MY PERSON BECAUSE I DIDN'T WANT MAIL SITTING IN THE MAILBOX, AND I'M NOT THERE.

OH, I UNDERSTAND. I JUST I'M JUST LETTING YOU KNOW THAT FOR THE PURPOSES.

FOR PURPOSES OF CODE ENFORCEMENT.

YES. THEY'RE ONLY OBLIGATED TO SEND NOTICES TO THE MAILING ADDRESS.

OKAY. OKAY.

OKAY. THANK YOU. YES, MA'AM.

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

THE CITY DOES NOT HAVE AN OBJECTION TO A REDUCTION OF THE LIEN.

AND WE ARE SEEKING THE $750 ADMINISTRATIVE FEE.

OKAY. DO YOU HAVE A RESPONSE, MA'AM? THE CITY INDICATED THAT THEY'RE AGREEING TO REDUCE THE.

THEY'RE GOING TO AGREE TO REDUCE IT TO $750.

DO YOU HAVE A PROBLEM WITH THAT? NO. THANK YOU.

YES, MA'AM. NOW, NORMALLY WITH THE ORDER PROVIDES FOR IS IT HAS TO BE PAID WITHIN 30 DAYS.

YOU HAVE A PROBLEM WITH THAT? I DO NOT.

OKAY. THEN THERE'LL BE AN ORDER ENTERED TO THAT EFFECT.

THANK YOU SO MUCH. FORWARD IT TO YOU.

OKAY. THANK YOU.

YES, MA'AM. OUR NEXT CASE TO BE HEARD IS KB AT 6924.

AT 2813 FLORESTA DRIVE, NORTHEAST.

MY NAME IS NICHOLAS ROBERT COPPOLA.

ADDRESS IS 2813 FLORESTA DRIVE, PALM BAY, FLORIDA.

32905. YES, SIR.

WITH MY PROPERTY, I BOUGHT THAT HOME.

THAT WAS MY FIRST HOME ON MY OWN, AND I REFURBISHED A LOT OF ITEMS. I HAVE ONE OF THE PRETTIEST HOMES ON THE BLOCK.

AND UNFORTUNATELY, BECAUSE I AM BY MYSELF WITH NO HELP, WHEN I LOST MY FATHER A COUPLE OF YEARS AGO, I KIND OF LOST MY WAY.

THERE IS PERIODICALLY WHERE WHEN I PICK STUFF UP TO REFURBISH THAT, SOMETIMES I JUST DON'T HAVE THE ENERGY TO PUT IT AWAY BY MYSELF.

AND SOMETIMES IT LOOKS A LITTLE BIT OF A MESS.

BUT, YOU KNOW, I TRY TO STAY AS GOOD AS I CAN TO MY NEIGHBORS AND WITH MY CODE ENFORCEMENT OFFICER, WHICH IS ACTUALLY THIS YOUNG LADY.

RIGHT. VALERIE. VALERIE.

RIGHT HERE. LIKE I SAID, ONCE IT ALL GETS CLEANED UP, THE HOUSE IS ACTUALLY FOR SALE, SO I'M NOT GOOD AT CHECKING THE MAILBOX.

I'M NOT GOOD AT ANY OF THAT.

I KNOW THAT'S NOT Y'ALL'S RESPONSIBILITY, BUT LIKE I SAID, WHEN I DID GET HOME COMPLIANT, ME AND HER TALKED AND SHE SAID THAT I'D BE ABLE TO ASK FOR THE HARD CASH.

LIKE I SAID, MY PROPERTY IS FOR SALE AND IT IS ONE OF THE PRETTIEST HOMES.

IT'S JUST HARD WHEN YOU'RE DOING IT BY YOURSELF WITH VERY LIMITED FUNDS.

SO THAT'S WHY I DO ALL THE REFURBISHING OF ITEMS THAT I FIND.

DO YOU HAVE ANYTHING FURTHER? NO, SIR.

OKAY. AND WHAT'S THE CITY'S POSITION OF CODE COMPLIANCE DIVISION MANAGER? THE CITY HAS NO OBJECTION TO THE REDUCTION IN ASKING FOR THE $750 FOR THE ADMINISTRATIVE COSTS.

MR. KABA IS CORRECT.

I HAVE BEEN WORKING WITH HIM OVER THE PAST SEVERAL MONTHS.

HE'S MADE A SIGNIFICANT CHANGE ON THE PROPERTY, HAS BEEN CLEANED UP TREMENDOUSLY.

AND IT IS MY UNDERSTANDING THAT THE HOUSE IS IN A CONTRACT.

I BELIEVE. SO THE LADY PULLED OUT OF THE CONTRACT THE DAY BEFORE CLOSING.

OKAY, SO IT'S UP FOR SALE AGAIN.

OKAY, SO WE HAVE NO OBJECTION TO ASKING FOR THE $750.

OKAY. MR. CARR, AS I INDICATED, THE PRIOR PERSON, NORMALLY THE ORDER PROVIDES FOR PAYMENT IN 30 DAYS.

IS THAT AN ISSUE? WELL, NO, I CAN'T GUARANTEE THAT.

30 DAYS I'M GOING TO HAVE THE FUNDS BECAUSE I AM SO LIMITED.

LIKE I SAID, WHEN DO YOU HAVE A CONTRACT? YOU HAVE A PENDING CONTRACT NOW OR NOT? I HAD A PENDING CONTRACT, SIR.

AND LIKE I SAID, SHE PULLED OUT OF THE CLOSE AND SHE PULLED OUT OF CLOSING OR DAY BEFORE CLOSING.

SHE PULLED OUT OF THE CONTRACT AND THE GOOD EARNEST MONEY.

I WAS LIKE, YOU KNOW, YOU HAD MY HOUSE IN LINGO FOR 45 DAYS.

BUT SHE WAS A GOVERNMENT HUD LOAN, AND THERE WAS ONLY $1,000, AND SHE HAD FIVE CHILDREN, SO I ALLOWED HER TO KEEP THE MONEY.

OKAY. WHAT I'LL DO THEN IS I'LL GIVE YOU 60 DAYS TO PAY IT.

IF YOU HAVE ISSUES, YOU NEED TO COME BACK IN FRONT OF ME.

BECAUSE THE WAY THAT THE ORDERS ARE WRITTEN IS THAT YOU DON'T PAY THE REDUCED FINE WITHIN THE TIME PROVIDED IN THE ORDER OF THE CURRENT FINE GETS REINSTATED.

[00:10:03]

YES, SIR. SO AS LONG AS I COME BACK AND COMMUNICATE CLEARLY, WE'LL BE ALL RIGHT.

BUT YOU NEED TO GET BACK BEFORE ME BEFORE THE ORDER EXPIRES.

YES, SIR. YES, SIR.

OKAY, SO I'LL ENTER AN ORDER REDUCING IT, AND I'LL GIVE YOU 60 DAYS.

THANK YOU SIR. YES, SIR.

OUR NEXT CASE TO BE HEARD IS CCB 22350023 AT 1367 STUTTGART AVENUE NORTHWEST.

GOOD AFTERNOON, YOUR HONOR. HELLO.

FARHAD, AND ON BEHALF OF THE PROPERTY OWNER, I'M SORRY, WHAT WAS YOUR NAME? FARHAD. NEGIN.

CAN YOU SPELL IT? FIRST NAME IS F A R H A A D.

OKAY. LAST NAME IS N, AS IN NANCY.

A G H O O N AS IN NANCY.

OKAY. THANK YOU.

YOU CAN PROCEED. SO FOR, THIS ONE.

YOUR HONOR, WE ARE REQUESTING A FULL REDUCTION.

CLASSIC CASE OF AN INVESTOR COMING IN AND PURCHASING A HOUSE THAT THE PRIOR OWNER HAS LET FALL INTO DISREPAIR AND CAUSED ALL THESE VIOLATIONS THAT ACCRUED IMMEDIATELY UPON TAKING OWNERSHIP.

MY CLIENT BROUGHT IT INTO COMPLIANCE.

AND FOR THAT REASON, WE'RE REQUESTING THE FULL REDUCTION.

WHEN DID WHEN DID THE ACTION.

I MEAN, MY CONCERN IS, IS THAT YOUR CLIENT'S NOT HERE, SO WHATEVER YOU'RE TELLING ME IS BASICALLY PROFFERED.

SO WHAT WHAT IS IT THAT HE DID TO BRING IT INTO COMPLIANCE? SO I DON'T HAVE THOSE DETAILS, BUT I'M SURE THE CITY HAS ALL THOSE DETAILS.

DO YOU HAVE ANY IDEA HOW MUCH MONEY HE EXPENDED IN BRINGING IT INTO COMPLIANCE? I DON'T, BUT I COULD PROBABLY FIND OUT IF YOUR HONOR WOULD LIKE.

WELL, I MEAN, THIS IS THIS IS THE HEARING, AND YOU NEED TO PRESENT WHATEVER NEEDS TO BE PRESENTED NOW.

I WILL JUST TELL YOU THAT SIMPLY BECAUSE SOMEBODY BROUGHT SOMETHING INTO COMPLIANCE FOR A PRIOR OWNER, THAT DOESN'T NECESSARILY MEAN THAT THE FINES ARE GOING TO GET REDUCED TO NOTHING.

I'M JUST LETTING YOU KNOW THAT I COMPLETELY UNDERSTAND THAT, YOUR HONOR.

AND WE JUST HAD WE WERE RETAINED TO COME HERE AND PRESENT THAT ARGUMENT.

THERE'S STRONG PUBLIC POLICY THAT FAVORS REDUCTIONS IN THESE CIRCUMSTANCES.

JUST I MEAN, OBVIOUSLY THE IMPROVING NEIGHBORHOODS SOLVING THIS ISSUE AND WHO KNOWS WHEN IT WOULD HAVE BEEN ACTUALLY SOLVED IF MY CLIENT DIDN'T STEP IN AND ACCOMPLISH THIS.

AND WHAT THE CITY'S POSITION OF CODE COMPLIANCE DIVISION MANAGER.

I JUST HAVE A QUESTION.

BILLY PINKERTON IS THE DECEASED OWNER.

I, I HAVE ON IN MY FILE THAT HE'S OUR CLIENT.

IF IF IF THAT IS THE DECEDENT, THEN I'M JUST THE THE WHAT? I LOOKED UP THE OWNER.

THE OWNER IS FL TR LLC AS TRUSTEE OF THE 60 1367 STUTTGART AVENUE LAND TRUST.

SO I'M GUESSING MR. PINKERTON IS THE DECEASED.

AND ACTUALLY, YOU KNOW, I THINK ABOUT IT.

HE IS DECEASED BECAUSE I DID SEE A DEATH CERTIFICATE.

BUT MR. PINKERTON IS YOUR CLIENT.

NO. THEN ACTUALLY WE REPRESENT THE CURRENT OWNER.

THE CURRENT OWNER IS A TRUST OR FL, TR LLC AS TRUSTEE OF THE OF THE LAND TRUST.

THE STUTTGART AVENUE LAND TRUST.

SO WE REPRESENT THE TRUSTEE.

OKAY. SO THE CITY'S POSITION IS THE CURRENT LIEN TOTAL IS $42,487.11.

YOU HAVE TO EXCUSE ME. I HAVE A SINUS PROBLEM GOING ON.

WE'RE SEEKING 11%.

THAT'S NOT. THAT'S NOT THE RIGHT ONE.

THE 42,001 IS THE FAIR HOUSING ACCORDING TO THE SHEET I HAVE.

WHICH 1 A.M. I LOOKING AT? OOPS. IT'S THIS ONE.

YES. SORRY.

TOO MANY STICKY NOTES.

OKAY. SO THE TOTAL.

[00:15:02]

OKAY, SO THE TOTAL LIEN AMOUNT IS $24,684.70.

SEEKING 13% OF THAT COMES OUT TO $3,209, PLUS THE $750 ADMINISTRATIVE FEES.

COMES OUT TO A TOTAL OF $3,959.

OKAY. AND ACCORDING TO THIS, THE PROPERTY WAS NOT IN COMPLIANCE FOR A LITTLE OVER TWO MONTHS.

IS THAT CORRECT? I'M SHOWING IT OUT OF COMPLIANCE FROM JANUARY 26TH OF 23 TO MAY 9TH OF 24.

JANUARY 26TH OF 2023.

AND IN COMPLIANCE.

MAY 9TH, 2024.

OKAY. THE SHEET I HAVE SHOWS IT FROM 1118, 2022 TO JANUARY 26TH OF 23.

HUNDRED. AND 42.

THAT WAS JANUARY 26TH OF 2023.

THE LORD GAVE THEM TO ME IN COMPLIANCE.

FINE. BUT THEY ACTUALLY DIDN'T COME INTO COMPLIANCE UNTIL MAY 9TH.

OKAY. 525 924.

OKAY. THAT WAS OVER A YEAR.

OKAY. THANK YOU.

AND WHAT'S YOUR POSITION REGARDING WHAT THE CITY'S SEEKING? THE REDUCED AMOUNT.

WE APPRECIATE THE REDUCTION TO THAT AMOUNT.

HOWEVER, WE WOULD REQUEST A REDUCTION TO 10%.

PLUS THE ADMINISTRATIVE FEE.

OKAY, SO 10% WOULD BE 2475455.

OKAY. 10% WOULD BE $2,475.50.

ROUNDING IT FOR A TOTAL OF 32, 32 2550. SO I'LL ENTER AN ORDER TO THAT EFFECT.

DO YOU. AND AGAIN, 30 DAYS.

IS THAT GOING TO BE SUFFICIENT TIME? THAT WORKS. THAT'S A YES.

OKAY. YES. ALL RIGHT.

WELL, THEN, IN ORDER TO THAT EFFECT, THEN.

ALL RIGHT. THANK YOU, YOUR HONOR.

YES, SIR. THANK YOU. HAVE A GOOD DAY.

YES. AND I SIGNED THE MINUTES FROM THE LAST MEETING.

[ADOPTION OF MINUTES]

THERE BEING NO FURTHER BUSINESS BEFORE THE MAGISTRATE TODAY, THE MEETING IS ADJOURNED AT 01:19 P.M..

* This transcript was compiled from uncorrected Closed Captioning.