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I'D LIKE TO CALL A SPECIAL MAGISTRATE. HEARINGS FOR MARCH 19TH, 2025 TO ORDER.
[CALL TO ORDER]
MY NAME IS JAMES BEADLE. I'M THE PERSON APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTION IN CODE ENFORCEMENT LIENS.AND THE GENERAL PROCEDURE IS, IS THAT THE APPLICANT WILL COME UP TO THE MICROPHONE AND IDENTIFY THEMSELVES AND WHO THEY ARE IN RELATIONSHIP TO THE APPLICANT, AND THEN PRESENT THEIR CASE FOR THE REDUCTION.
AND BASED ON THAT, I'LL NOW TURN IT OVER TO THE CLERK TO HAVE ANYBODY THAT'S GOING TO TESTIFY,
[SWEARING IN]
SWEAR IN OR SWORN 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? YES. THANK YOU.YOU MAY BE SEATED. OUR FIRST CASE TODAY IS KB 118 AT 1911 ACADEMY STREET
[PETITION FOR RELIEF]
NORTHEAST. OH, YES. MY UNCLE WHICH I INHERITED THE HOUSE.WHAT'S YOUR NAME? AND WHERE DO YOU RESIDE? OH, SORRY. MY NAME IS JASON PATTERSON, AND I INHERITED THE HOUSE FROM MY UNCLE, WHICH IS 1911 ACADEMY STREET. OKAY. HE WAS A SENIOR CITIZEN ON A FIXED INCOME, GETTING SOCIAL SECURITY, AND, I BELIEVE, MILITARY PENSION. I BELIEVE THAT THE BACK YARD WASN'T MAINTAINED.
AND WHEN THE I THINK NEW HOUSE CONSTRUCTION OR NEIGHBOR NEXT DOOR PURCHASED THE HOUSE, I THINK THAT'S WHEN THEY CALLED IN CODE ENFORCEMENT BECAUSE ITEMS WERE OVERGROWN VEGETATION. I THINK HE CLEARED IT UP APPROXIMATELY A MONTH OR WITHIN THREE MONTHS, BECAUSE I WAS ONE OF THE PEOPLE TO GO OVER THERE AND ACTUALLY CLEAN OUT THE VEGETATION.
BUT HE NEVER PAID THE FINE BECAUSE OF HIS LIMITED INCOME.
AND I'VE SINCE INHERITED THE HOUSE. INSURANCE ON THE HOUSE HAS GOTTEN TOO HIGH, AND HOUSE HAS GONE INTO FORECLOSURE AND WE FINALLY FOUND A SELLER OR BUYER FOR THE HOUSE, AND HOPEFULLY IT WILL COMPLETE IN THE NEXT 30 DAYS AND HOPING FOR A LEAN REDUCTION.
I DON'T HAVE THE MONEY TO PAY OFF THE HOUSE OR PAY THE LIEN.
THE HOUSE WAS BUILT IN 1990 AND IS, YOU KNOW, NEEDS A ROOF, BATHROOM, KITCHENS REDONE AND HOPING THAT THIS GOES THROUGH AND HOPEFULLY, IF I CAN HAVE LIEN REDUCTION WHEN THE PROPERTY SELLS PAY OFF THE AMOUNT.
OKAY. LET ME ASK YOU A COUPLE OF QUESTIONS. SURE.
ONE WAS EXCESSIVE VEGETATION. APPARENTLY THE SOFFIT, SOFFIT AND FASCIA ISSUES.
THE SCREENS IN DISREPAIR AND THEN ACCUMULATION OF TRASH.
YOU INDICATED SOMETHING WAS ADDRESSED. WHICH ONES OF THESE WAS WERE ADDRESSED THAT YOU'RE AWARE OF? WE HAD THE VEGETATION CUT DOWN OR WE HAD TO CALL IN A TREE SPECIALIST, I THINK, TO CUT DOWN SOME OF THE LARGER BUSHES.
SOFFIT WAS ADDRESSED AND REPLACED. I THINK THAT WAS HURRICANE DAMAGE AND I ALREADY PUT IN A CLAIM, BUT THE CLAIM WAS DENIED. AND SCREENED PATIO.
THE TORN OUT SCREENS WERE REMOVED AND I THINK THE ALSO FENCE WAS IN DISREPAIR.
WHEN WHEN DID ALL THIS HAPPEN? I BELIEVE WE TRIED TO TAKE CARE OF IT WITHIN ABOUT 90 DAYS OF IT.
I DON'T THINK AT THAT TIME I ORIGINALLY LIVED THERE WITH THEM, BUT TOWARDS THE END OF HIS LIFE HE ASKED ME TO MOVE IN AND HELP ASSIST WITH THEM BECAUSE HE LOST THE ABILITY TO DRIVE AND WAS BASICALLY A PRIMARY CAREGIVER FOR HIM.
WHEN DID HE PASS? I BELIEVE THAT WAS IT'S NOW BEEN, I THINK, A LITTLE BIT MORE THAN A YEAR.
I THINK ABOUT A YEAR AND A HALF NOW. I DON'T REMEMBER THE EXACT DATE.
OKAY. THANK YOU. THANK YOU. WHAT'S THE CITY'S POSITION WITH CODE COMPLIANCE DIVISION MANAGER? THE CITY HAS NO OBJECTIONS IN REDUCING THE AMOUNT OF THE LIEN.
THE TOTAL LIEN AMOUNT IS $41,044.61. WE WERE SEEKING TO TRY TO GET 11% ON THIS, PLUS THE 750. CONSIDERING THE CIRCUMSTANCES WE'RE OKAY WITH DOING ABOUT MAYBE 2500 PLUS THE
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750, FOR A TOTAL OF 3250 TO BE REIMBURSED TO THE CITY.OKAY. DO YOU HAVE ANY RESPONSE TO THAT? TO ME, THAT SOUNDS ACCEPTABLE, SIR.
OKAY. I WAS GOING TO EXPLAIN TO YOU IT'S BEEN ABOUT THE SAME.
SO GENERALLY THAT'S SOMETHING I ALMOST ALWAYS AWARD ANYWAY, JUST SO YOU KNOW THAT.
BUT AS LONG AS YOU'RE OKAY WITH THE $3,250 ALL IN IN ORDER TO THAT EFFECT.
NORMALLY WE PUT 30 DAYS FOR PAYMENT. IS THAT GOING TO BE AN ISSUE OR NOT? IF THE HOUSE CLOSES ON THE 15TH, I THINK IT CUTS IT PRETTY CLOSE.
BUT I DO NOT HAVE THAT MONEY RIGHT NOW. I'LL PUT 40 UP.
I'LL PUT 45 DAYS IN HERE. IF SOMETHING COMES UP, YOU NEED TO COME BACK AND TALK TO CODE ENFORCEMENT TO COME BACK IN FRONT OF ME IF THERE NEEDS TO BE ANY EXTENSION AND PAYMENT OF TIME.
OKAY. SO 45 DAYS SHOULD GET YOU TO THE END OF APRIL.
SO THANK YOU, SIR. YES, SIR. MAY I YES. YOU CAN LEAVE TOO, IF YOU WANT.
I'LL ENTER AN ORDER, SIR. I'LL ENTER AN ORDER AND IT'LL BE PROVIDED TO THE CITY.
YES, SIR. OUR NEXT PROPERTY HAS TWO CASES. CB 2239521 AND 2370523 AT 983 EMERALD ROAD, SOUTHEAST.
GOOD AFTERNOON. MY NAME IS PATRICK DISTRACT. I PURCHASED THE PROPERTY AT AN AUCTION AND CLOSE TO THE END OF CLOSING, AND I FIGURED THERE WAS SOME LIEN ON THERE. BUT WHEN I LOOKED AT THE LIENS, IT LOOKS LIKE IT'S FOR GRASS AND TALL GRASS AND VEGETATION. I PROCEEDED WITH THE TRANSACTION HOPING THAT THE CITY WOULD IF I FIXED EVERYTHING, SHE WOULD EITHER ELIMINATED OR REDUCED IT. IT'S GOING TO BE A SECOND HOME.
AND DELANEY IS PRETTY MUCH UP THERE. I CAN'T AFFORD TO PAY THAT MUCH, BUT I KNOW FOR SURE THAT'S PROBABLY GOING TO WORK WITH ME AS FAR AS TRYING TO REDUCE IT. I'VE ALREADY CUT THE GRASS AND MAKE SURE EVERYTHING IS, LIKE, OUT OF THE PROPERTY.
I PAID TO GET EVERYTHING REMOVED TO FIX UP THE ROOF.
THAT'S PRETTY MUCH IT. DID YOU SAY IT NEEDS A NEW ROOF OR YOU REPLACED THE ROOF? I'VE REPLACED IT ALREADY. HOW MUCH DOES THAT COST? 7500. I JUST WANT TO MAKE SURE THAT EVERYTHING IS NICE BEFORE I EVEN TRY TO GET ANY REDUCED.
OKAY. LET ME LET ME SEE WHAT THE CITY'S POSITION IS.
AND I HAVE SOME QUESTIONS, I THINK, FOR BOTH OF YOU.
BUT I'LL WAIT TILL I HEAR WHAT THE CITY HAS TO SAY.
THANK YOU. VALERIE, CODE COMPLIANCE DIVISION MANAGER.
CONSIDERING THERE ARE TWO CASES ON THIS PROPERTY, BOTH THE LIENS TOTAL CLOSE TO ROUGHLY $91,000.
FOR BOTH. WE ARE SEEKING ONLY ONE ADMIN FEE FOR DOLLARS, ROUGHLY ABOUT ANOTHER 5000 FOR BOTH OF THE LIENS. SO WE'RE LOOKING AT 5750 FOR BOTH.
OKAY. LET ME ASK ONE QUESTION. THE CASE NUMBER.
WELL, BOTH CASES BOTH CASES APPEAR TO BE FOUND VIOLATIONS OF THE SAME CODE SECTION.
CORRECT. SO THE FIRST 1 IN 21, THE GRASS ENDED UP GETTING CUT.
AND THE JUNK VEHICLE AND THE TRASH WAS TAKEN CARE OF.
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21ST 21 UNTIL JANUARY OF THIS YEAR, WHEN APPARENTLY IT CAME INTO COMPLIANCE AT SOME POINT IN TIME, IN ORDER, THEY WROTE ON, IN ORDER FOR IT TO BE PROCEEDED AGAINST AGAIN.AND I DON'T SEE ANYTHING ABOUT A VEHICLE. ALL THEY SEE IS TALL GRASS AND WEEDS.
YEAH, THE FIRST ONE FROM 20 2120 339.
IS IT 22 OR 23? I GOT TWO DIFFERENT NUMBERS. RIGHT? 22 395 STARTED IN 2021. RIGHT. AND ON THE NOTES ON THE STATEMENT, THEY HAD MARKED THAT THE VIOLATIONS WERE COMPLIED. I DON'T KNOW WHY IT SAYS JANUARY 21ST OF THIS YEAR, OTHER THAN THE RECENT GRASS THAT WAS DONE IN 2023. CAME INTO COMPLIANCE. BUT I DON'T THINK THAT THE DATE THAT THE OFFICER PUT JANUARY 21ST, 2025 ON BOTH CASES IS ACCURATE.
WELL, THAT'S KIND OF WHAT MY CONCERN IS, IS WHETHER OR NOT THAT NUMBER IS ACCURATE.
SO THE THE THE AS FAR AS THE TOTAL VIOLATION AMOUNT FOR THE FIRST CASE.
YEAH. SO I DON'T I'M TRYING TO LOOK THROUGH HIS.
THIS WAS A PREVIOUS OFFICER I BELIEVE. AND THEN A NEW OFFICER TOOK IT OVER.
THE ONE THAT WAS DONE IN 2023 WAS STRICTLY JUST FOR THE GRASS.
WELL, THAT'S WHAT BOTH OF THEM SAY. BOTH THE WHAT? THE PAPERWORK THAT I HAVE AS FAR AS THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER.
THAT'S STRANGE, BECAUSE I HAVE THE ONE AND ONE RUBBISH AND GARBAGE ACCUMULATION.
THERE'S NOTHING ABOUT A CAR. YEAH. IT'S ON, IT'S ON THE ORIGINAL STATEMENT OF VIOLATION.
YEAH. SO THIS WAS ONLY FOR. SO APPARENTLY SO WAS IT ON THE COURTESY LETTER. NO. THERE'S TWO STATEMENTS HERE.
WHY ARE THERE TWO STATEMENTS. THIS IS THIS DOESN'T GO WITH THIS ONE.
TALK TO ME. THIS IS TWO 2021. THAT'S NOT THE RIGHT.
I THINK THIS GOES IN HERE. THE 2021 ONE SAYS SECTION 390 303.
AND THERE'S ALSO A. 2015 TM, PC 381. AND THEN THE 2023 ONE SAYS JUST FOR THE TALL GRASS UNDER THE SAME SECTION 9303.
AND EVEN ON THE AFFIDAVIT OF NONCOMPLIANCE, IT'S STILL SHOWING THESE THREE.
THE JUNK VEHICLE 395. OH, YEAH. SEE? RIGHT HERE IT JUST SAYS RUBBISH.
DOESN'T SAY CAR, RIGHT? NO. THAT ONE CAME IN ON THE ORIGINAL STATEMENT.
IT SAYS JUNK VEHICLE. BUT THEN WHEN THEY DID THE FINDING OF FACTS, WHEN IT WENT TO THE BOARD, THE JUNK VEHICLE WAS IN COMPLIANCE. OKAY. IT WAS THE REST OF THE STUFF THAT.
BUT THAT'S WHAT I'M SAYING. THEY'RE BOTH FOR TALL GRASS.
WELL, WHAT HAPPENS IS ONCE AND THEY'RE TWO YEARS APART.
I UNDERSTAND, BUT OBVIOUSLY AT SOME POINT THE 21 CASE CAME INTO COMPLIANCE.
OTHERWISE YOU WOULDN'T HAVE STARTED OVER. YES.
I MEAN, JANUARY OF THIS YEAR. SO THAT CAN'T BE CORRECT IS WHAT I'M TRYING TO SAY.
RIGHT. BECAUSE AT SOME POINT PRIOR TO 2023 OR THE CASE IN 2023, THAT PROPERTY CAME INTO COMPLIANCE.
SO IT CAN'T KEEP RUNNING A FINE. YEAH. THIS ISN'T THIS CAN'T BE THE RIGHT DATE.
[00:15:12]
OKAY. I THINK SHE'S GOING TO HAVE CAROL LOOK IT UP.YEAH, WE'RE GOING TO PULL IT UP.
LET ME ASK YOU A PRACTICAL QUESTION. MR. DISTRAUGHT, DO YOU HAVE A DO YOU HAVE AN OBJECTION TO THE $5,750 REDUCTION FROM THE 90 ZERO ZERO 0 TO 57? I WOULD LIKE IT TO BE A LITTLE BIT LESS. I'M SURE YOU WOULD.
I WOULD BE OKAY WITH THAT. LET ME FIND OUT WHAT THEY HAVE TO SAY.
AND. YES, SIR. I'LL FIGURE IT OUT.
I MEAN, THE ISSUE FOR ME IS, IS ALL I CAN GO ON IS.
WHAT? YEAH. WE JUST NEED TO SEE WHAT THE FINES THAT WERE.
I MEAN, THE VIOLATIONS THAT WERE DETERMINED BY THE BOARD. AND THEN I OPERATE OFF OF THOSE. CORRECT. THERE HAD TO BE SOME INTERVENING EVENT WHERE YOU HAD TO HAVE FOUND THEM IN COMPLIANCE, OTHERWISE YOU WOULDN'T HAVE STARTED A NEW PROCESS.
THE TRASH AND DEBRIS WASN'T COMPLIED UNTIL JANUARY 21ST, 2025.
THE TRASH WAS COMPLIED ON NOVEMBER 20TH, 2024.
OKAY. SO THE FINES STILL CONTINUED UNTIL JANUARY 21ST BECAUSE OF THE GRASS.
OKAY. COMPLIED. UNTIL. UNTIL JANUARY. THE. THE TRASH.
WHAT TRASH WAS THERE? IT WAS UNDER THE IPMC CODE, BUT IT'S NOT ON THE.
MAP. I'M JUST TRYING TO UNDERSTAND WHAT THE. I'M NOT SAYING THAT THERE WASN'T A VIOLATION.
I JUST WANT TO UNDERSTAND THE SCOPE OF WHAT THAT WAS.
OKAY. WELL, WE CAN'T FIGURE IT OUT. ALL RIGHT.
VEHICLE COMPLIANCE ON SEPTEMBER 30TH OF 2021.
YEAH. OKAY. I'M NOT WORRIED ABOUT THAT. I'M JUST WORRIED ABOUT WHAT THE TRASH WAS.
WELL NEVER MIND. HAVE YOU BEEN OUT TO THE PROPERTY LATELY? YES, WE HAD A RECENT VIOLATION BECAUSE HE WAS CLEANING EVERYTHING UP.
AND SO I JUST KIND OF TOOK A COUPLE OF THINGS.
AND THEN I GOT TO FIX THIS BECAUSE IT'S ALL OKAY.
WHEN DID THE CITY DO AN INSPECTION REGARDING THE. WHEN DID THEY CLEAR IT FOR THE TRASH VIOLATION? JANUARY 21ST, 2025. AND THERE'S A SPECIFIC STATEMENT SOMEPLACE THAT SAYS THAT THEY'RE CLEARING THE TRASH VIOLATION AS OPPOSED TO THE.
IT SHOULD BE IN THE INSPECTION. YES. ON ON THE.
PROPERTY. SO THE TRASH WAS JANUARY WHEN THE GRASS WAS NOVEMBER? YES. NOVEMBER 24TH FOR THE PHOTOGRAPHS. OKAY, THIS IS JANUARY 2010.
SO IT'S REALLY TWO MONTHS OF ACCRUALS THAT SHOULDN'T HAVE BEEN.
BECAUSE IT. WAS THE OTHER HALF. SO EVEN THOUGH THE GRASS WAS IN COMPLIANT.
OKAY. GOTCHA. SO YEAH. SO NOW IT MAKES SENSE.
AND THE REASON THEY STARTED ANOTHER GRASS ONE WAS BECAUSE IT CAME INTO COMPLIANCE.
BUT THEN IT HAPPENED AGAIN. GOTCHA. WELL IT WON'T BE ANYTHING LIKE THAT ANYMORE.
LET ME MR. TWO WEEKS. MR. MR. DISTRAUGHT. LET ME ASK YOU A QUESTION.
WHEN YOU. WHEN YOU BOUGHT THE WHEN YOU WENT UNDER CONTRACT TO BUY THIS HOUSE.
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THIS IS THE TRASH THAT THEY'RE SAYING. WAS THERE WERE THOSE THERE WHEN YOU BOUGHT THE HOUSE? NO, THERE WAS NOT NO TRASH THERE. THERE WAS NOTHING AT ALL.I HAVE A PICTURE OF WHAT IT LOOKS LIKE WHEN I BOUGHT IT.
OKAY. WHEN DID YOU GO UNDER CONTRACT TO BUY THE HOUSE? DECEMBER. AND IT CLOSED IN JANUARY 30TH DECEMBER OF DECEMBER OF 2024.
24? YES, SIR. THERE WAS NOTHING OUT THERE. IT WAS A NICE AND CLEAN.
LOT OF PICTURES IN THIS ONE. YES. THIS IS ONE.
I'M GOING TO ENTER AN ORDER REDUCING THE FINE TO $5,000.
DO YOU DO YOU HAVE AN ISSUE WITH PAYING IT WITHIN 30 DAYS? NO. OKAY. AGAIN, AS I INDICATED TO THE PRIOR PERSON, IF IF YOU CAN'T DO IT, YOU NEED TO GET BACK IN HERE AND ASK FOR AN EXTENSION.
OTHERWISE, THE PRIOR FINES GO INTO EFFECT. THEY'RE REINSTATED.
OKAY. YES, SIR. ALL RIGHT. I'M GOING TO ENTER AN ORDER.
AS I INDICATED, IT WILL BE PROVIDED TO THE CITY, AND I'LL FORWARD IT TO YOU.
SO IS THAT 5000 PLUS THE SEVEN, 50 OR 5000 EVEN TOTAL? OKAY. THAT'S FINE. THANK YOU. YES, SIR. HAVE A GOOD DAY.
THANK YOU. AND HOW DO I PAY IT ONLINE, OR HOW DO I PAY IT? YOU JUST NEED TO TALK TO HER AFTER THE MEETING.
OKAY, YOU CAN WAIT. IF YOU CAN WAIT ABOUT TWO MINUTES,
BECAUSE I'M ABOUT READY TO CALL THE MEETING OVER, SO. OKAY. SOUNDS GOOD. THANK YOU SO MUCH. YES, SIR. THIS IS I SIGNED THE MINUTES FOR THE LAST MEETING,
AND AT 122, THE MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.