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[00:00:12]

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

MAY BE SEATED. ALL RIGHT. NEXT IS THE ADOPTION OF THE MINUTES, WHICH HAVE BEEN PREVIOUSLY REVIEWED AND HAVE BEEN ADOPTED AS PRESENTED.

[ADOPTION OF MINUTES]

WE CAN MOVE ON TO BUILDING CODE COMPLIANCE HEARINGS.

[BUILDING CODE COMPLIANCE HEARINGS]

ACTUALLY, THEY DON'T HAVE ANYBODY HERE TODAY, SO WE'RE GOING TO DO THEIRS ON CONSENT. THE FOLLOWING CASES ON THE BUILDING CODE COMPLIANCE AGENDA. ITEMS ONE THROUGH FOUR 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 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 AND THE CASES HAVE NOT COME INTO COMPLIANCE, AND 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 UNREASONABLE TIME FOR COMPLIANCE AND SET A DAILY FINE TO BE IMPOSED IF THE RESPONDENTS FAILED 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 25TH, 2025, 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.

MOVING ON TO CODE COMPLIANCE. OLD BUSINESS. CB 25979 AT 510 BARBER STREET SOUTHEAST.

[CODE COMPLIANCE OLD BUSINESS]

THIS CASE WAS ORIGINALLY READ IN AS A PER DAY.

FINE. HOWEVER, THE PROPERTY IS VACANT AND THE VIOLATION IS FOR A TALL GRASS AND WEEDS ON A VACANT PROPERTY.

SO WE'RE JUST ASKING TO AMEND THE ORDER TO ALLOW TO SET FINE AND THEN TO ALLOW US TO CORRECT THE VIOLATION. OKAY. SO I WILL AMEND THE ORDER ON CASE NUMBER 25979 TO IMPOSE A SET FINE OF $200 AND AUTHORIZE THE CITY TO TAKE WHATEVER REASONABLE ACTIONS IT NEEDS TO TO CORRECT THE VIOLATION AND TO CHARGE THE COST OF THE REASONABLE COST OF DOING SO TO THE PROPERTY.

THANK YOU. OKAY. MOVING ON TO

[CODE COMPLIANCE REPORTS]

CO COMPLIANCE REPORTS, AUTHORIZATION TO IMPOSE FINES.

OUR FIRST CASE TO BE HEARD IS CB 2563925 AT 1575 WALTER STREET SOUTHEAST.

THIS CODE OFFICER IS PHILIP CLENDENIN AND ANGELIA IS FILLING IN FOR HIM TODAY.

LET ME CONCENTRATE. ANGELIA NEED CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY. THIS IS FOR CV 20 4-03582.

IT IS FOR 1575 WALTER STREET, SOUTHEAST PALM BAY, FLORIDA.

32909, SECTION 185 .12 3A1D. NO VEHICLES SHALL BE PARKED OR STORED UPON A VACANT PARCEL OF LAND THAT DOES NOT HAVE A PRINCIPAL STRUCTURE WITH A VALID CERTIFICATE OF OCCUPANCY. TO WIT, PARKING VEHICLE AND TRAILER ON VACANT LOT IS PROHIBITED AND THE RESPONDENT IS HERE.

I'M ASSUMING TO ASK FOR MORE TIME. OKAY. I DON'T KNOW.

WALTER STREET. OKAY. GO AHEAD. HELLO? YES, HELLO. YOUR HONOR, HOW ARE YOU TODAY? GOOD.

YES, I UNDERSTAND. THIS IS AN ONGOING. I HAVE I'VE GOTTEN SPECTRUM TO COME IN AND MOVE THEIR WIRING.

THAT WAS PREVENTING THE TRAILER FOR MOVING WHEN THE GENTLEMAN CAME TO MOVE THE TRAILER.

IT IS A IT IS NOT A REGULAR HITCH. SO WE'RE GETTING THAT HITCH IN ORDER TO MOVE IT.

GRASS. EVERYTHING IS CUT. READY TO MOVE. IT'S THE HITCH THAT CREATED THE PROBLEM RIGHT NOW.

SO EVERYTHING WILL BE STRAIGHTENED OUT IN LESS THAN A COUPLE OF DAYS.

HE HAD TO PURCHASE A SPECIAL HITCH. I CAN SHOW IT TO YOU IF YOU WANT TO SEE.

NO, NO. THAT'S OKAY. SO YOU JUST NEED. YOU JUST NEED SOME MORE TIME TO COMPLY.

YES, PLEASE. SO IT'S JUST THIS THIS HITCH ISSUE?

[00:05:03]

YES. AND TO GET EVERYTHING SITUATED. ALL RIGHT.

AND SO, DO YOU KNOW WHEN THIS HITCH IS? WHEN YOU'RE GOING TO BE GETTING IT? I KNOW YOU SAID A COUPLE OF DAYS, BUT DO YOU HAVE A DATE? WELL HE'S LOOKING FOR ONE.

THEY'RE VERY EXPENSIVE. IT'S A VERY EXPENSIVE HITCH.

SO HE'S TRYING TO GET SOMETHING A LITTLE CHEAPER THAT CAN WORK.

I SPOKE WITH HIM ON TODAY'S WEDNESDAY. I SPOKE WITH HIM ON MONDAY.

HE SAID HE HASN'T GOTTEN ONE YET, BUT HE'S WORKING ON IT.

I THINK HIS NEXT STEP WILL BE EBAY. OKAY. AND THEN ONCE YOU HAVE THE HITCH, HOW LONG WILL IT TAKE? YES, HE CAN MOVE IT. HE CAME, HE LOOKED. THE TIRES ARE OKAY.

EVERYTHING IS SET TO MOVE IT. IT'S JUST THAT PARTICULAR HITCH ON THE TRAILER IS PREVENTING IT FROM MOVING.

OKAY. WE'LL TWO WEEKS BE ENOUGH. WILL TWO WEEKS BE ENOUGH TIME? I BELIEVE SO. OKAY. DOES THE CITY HAVE ANY PROBLEM WITH THAT? OKAY. ALL RIGHT. THEN WE WILL SET THE NEW DATE OF COMPLIANCE AS SEPTEMBER 25TH, 2025.

AND THEN IT'LL BE A $50 A DAY FINE FOR EVERY DAY AFTER THAT THAT THE PROPERTY IS NOT IN COMPLIANCE. ALL RIGHT. THANK YOU. ANNA.

THANK YOU. THANK YOU. THANK YOU. OUR NEXT CASE IS CB 2591225 AT 117 DE VILLE AVENUE NORTHEAST. THE CODE OFFICER IS CHRISTOPHER ROBINSON.

CHRIS ROBINSON, CODE COMPLIANCE DIVISION, PALM BAY.

THIS IS A REFERENCE, A ROOF THAT'S CAVING IN ON A CARPORT AND A UNFINISHED ROOF THAT WAS UNDER CONSTRUCTION.

AND THE OWNERS ARE HERE. OKAY. CAN I HAVE THE FILE, PLEASE? THANK YOU. I OBJECT OPENLY. I'D LIKE TO READ INTO THE RECORD.

PLEASE STATE YOUR NAME FOR THE RECORD. YES, MY NAME IS JAMES PETER PANTELAKIS JR.

OKAY, I'M GOING TO READ NOTICE OF AUTOMATIC STAY AND DEMAND TO CEASE AND DESIST DATED SEPTEMBER 7TH, 2025. HOLD ON A SECOND BEFORE YOU GET STARTED.

IS THIS WHAT YOU'RE JUST TALKING ABOUT? THAT'S PART OF IT.

OKAY. I'M NOT. THIS IS. WHAT? FIVE PAGES. WE'RE NOT GOING TO WE'RE NOT GOING TO TAKE UP EVERYBODY'S TIME READING UP FIVE PAGES. A LITTLE BIT. OKAY. FOR THE RECORD.

NOTICE OF AUTOMATIC STAY AND DEMAND TO CEASE AND DESIST DATED SEPTEMBER 7TH, 2025.

TO THE CITY OF PALM BAY CODE ENFORCEMENT BOARD, CITY ATTORNEY AND CODE ENFORCEMENT DIVISION.

REFERENCE. JAMES P PANTELAKIS, JR. CHAPTER 13 BANKRUPTCY.

MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION.

NOTICE PURSUANT TO 11 U.S.C. 362, THE FILING OF THE BANKRUPTCY CASE OPERATES AS A STAY OF A THE COMMENCEMENT OR CONTINUATION OF ADMINISTRATIVE OR OTHER PROCEEDINGS AGAINST THE DEBTOR.

BE ANY ACT TO CREATE, PERFECT, OR ENFORCE ANY LIEN AGAINST THE PROPERTY OF THE ESTATE AND SEE ANY ACT TO COLLECT, ASSESS OR RECOVER A CLAIM. DEMAND IMMEDIATELY.

CEASE AND DESIST FROM CONDUCTING THE SEPTEMBER 10TH, 2025 ADMINISTRATION HEARING, WHICH WE ARE HERE NOW OCCURRING OR ENFORCING ANY FINES OR PENALTIES, RECORDINGS, MAINTAINING OR ENFORCING ANY LIENS AND ANY DEBT COLLECTION ACTIVITY OF ANY KIND PURSUANT ALL DOCUMENTS AND ESI RELATE TO THE DEBTOR. FAILURE TO COMPLY WITH THE RESULTS IN THE EMERGENCY MOTION PRACTICE.

EXCUSE ME. SANCTIONS. EXCUSE ME, EXCUSE ME. I'M TRYING TO READ ONE SECOND.

THE THE APPLICANT IS READING ALL OF THIS STUFF INTO THE RECORD FOR NO REASON.

I KNOW THE CITY HAS NOT BEEN SERVED WITH ANY DOCUMENTS.

IT'S NOT BEEN PROPERLY SERVED. WE DON'T EVEN KNOW IF WE ARE CREDITOR ON HIS BANKRUPTCY THAT HE SAYS HE'S FILED.

SO WE'RE SITTING HERE READING THIS STUFF AS A BIT OF A DELAY FOR NO REASON.

BUT IF IF YOU WANT TO HEAR IT, NO, I DON'T WANT TO HEAR ANY MORE.

BUT. OKAY, WE'LL. UNDER 11 U.S.C. 362, SANCTIONS WILL BE IMPOSED.

THE BANKRUPTCY COURT IN ORLANDO, FLORIDA FEDERAL COURT HAS BEEN NOTIFIED OF YOUR ILLEGAL ACTIVITIES THIS MORNING,

[00:10:05]

AND YOU WILL BE HEARING FROM THEM. OKAY, SO NOW THAT YOU'VE GOT THAT OUT OF THE WAY, HERE'S WHAT I CAN DO UP HERE.

I CAN FIND YOU IN VIOLATION, NOT IN VIOLATION, OR GIVE YOU MORE TIME TO BRING THE PROPERTY INTO COMPLIANCE.

SO I DON'T I DON'T CARE WHAT YOU OBJECT TO. SO THIS IS THE WAY.

SO THE WAY I RUN, THE WAY I RUN THIS SHOW IS IF YOU COME TO ME WITH AN EXPLANATION OF HOW YOU PLAN TO GET THE PROPERTY INTO COMPLIANCE, YOU'VE TAKEN REASONABLE MEASURES, THEN I'M PRETTY LIBERAL ON HOW MUCH TIME I GIVE PEOPLE.

I'M SURE THE CODE OFFICERS HAVE BEEN FRUSTRATED WITH ME MORE THAN MORE THAN A FEW TIMES WITH HOW MUCH TIME I GIVE PEOPLE, IN THIS CASE, I DON'T. UNLESS UNLESS YOU'RE GOING TO TELL ME IN THE NEXT SENTENCE HOW MUCH TIME YOU NEED AND WHY TO BRING THE PROPERTY INTO COMPLIANCE.

THEN THIS IS OVER AND WE'RE JUST GOING TO SET THE DATE OF COMPLIANCE AS STATED IN THE NOTICE.

I ACTUALLY I BELIEVE IT'S ALREADY IT'S AN AUTHORIZATION TO IMPOSE THE FINES ALREADY WITH THE BANKRUPTCY COURT.

YOU'RE IN VIOLATION, SIR. THEN YOU'RE GOING TO OPPOSE THE FEDERAL COURT.

THEY WILL SANCTION THIS. OKAY. AND I WILL GO TO THE FEDERAL COURT AND COMPLAIN TO THEM ABOUT A 42 1983 DEPRIVATION OF MY RIGHT.

SIR. SIR, CAN WE HAVE HIM REMOVED, PLEASE? I HAVE A RIGHT TO TALK.

I'M DONE, I'M DONE, I'M DONE. ARE YOU. HOLD ON.

ARE YOU. ARE YOU I DON'T CARE WHAT. I DON'T CARE IF YOU'RE A WITNESS.

I WANT TO KNOW. ARE YOU PROPERTY OWNER? NO, I'M NOT A PROPERTY OWNER, A WITNESS. HE'S A I DON'T WE'RE GOING TO GO AHEAD. ATTORNEY. OKAY, FINE. WHETHER OR NOT THE CITY WOULD SERVE AND I TELL YOU THAT, IN FACT, THEY WERE SERVED IN THE BANKRUPTCY.

OKAY. THAT'S NOT THAT'S NOT EITHER HERE OR THERE.

BOTH OF YOU NEED TO LEAVE NOW. ALRIGHT. THANK YOU.

WE'RE GOING TO SET THIS. AGAIN. THANK YOU.

YES. WE ARE IMPOSING THE FINE AS OF TODAY. OKAY.

THANK YOU.

MOVING ON. OUR NEXT CASE TO BE HEARD IS CB 2590925A2 63 FERNANDINA STREET NORTHWEST.

THE CODE OFFICER IS ALSO CHRISTOPHER ROBINSON.

OH. IMPOSE. FINE. YES. SHE JUST DIDN'T UNDERSTAND.

CHRIS ROBINSON, CITY OF PALM BAY CODE COMPLIANCE. THIS IS TO IMPOSE A FINE.

FAILURE TO OBTAIN A SITE PLAN FOR A NEW FENCE.

THANK YOU. ALL RIGHT, MA'AM. I HOPE THIS THIS CONVERSATION WILL GO BETTER THAN THE LAST ONE. I'M SURE IT WILL. I'M JESSICA ROBINSON.

I'M HERE REPRESENTING FIRSTKEY HOMES. THIS HOME IS AN INVESTMENT PROPERTY.

THE PREVIOUS TENANT WENT IN AND PUT IN A FENCE, UNBEKNOWNST TO US.

AS OF NOW, WE WERE ABLE TO OBTAIN A SURVEY. HOWEVER, IT IS GOING TO TAKE US SOME TIME TO SUBMIT THE APPLICATION FOR PERMITS.

CAN WE HAVE AN EXTENSION OF A MONTH? OKAY. DOES HE HAVE ANY PROBLEM WITH THE MONTH? YEAH, THAT'S. THE MONTH IS FINE. SO WE'LL SET THE NEW DATE OF COMPLIANCE AS OCTOBER 10TH, 2025.

OKAY. THANK YOU. THANK YOU. THANKS. THANK YOU.

OKAY. THE CITY IS REQUESTING THAT THE CODE ENFORCEMENT SPECIAL MAGISTRATE FIND ALL RESPONDENTS OR CASES LISTED IN THE AUTHORIZATION TO IMPOSE FINES, REPORT IN NONCOMPLIANCE FOR THE PERIOD STATED IN THE REPORT, AND IMPOSE THE FINES LISTED ON THE REPORT.

I FIND 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 25TH, 2025, 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.

STRIKE THAT LAST I READ THE WRONG SECTION. I FIND ALL THE RESPONDENTS IN THE CASES LISTED ON THE AUTHORIZATION TO IMPOSE FINES, REPORT IN NONCOMPLIANCE FOR THE PERIOD STATED ON THE REPORT, AND IMPOSE THE FINES AS LISTED ON THE REPORT DATED SEPTEMBER 10TH,

[00:15:06]

2025. OKAY, MOVING ON TO COMPLIANCE HEARINGS.

OUR FIRST CASE TO BE HEARD IS CB 2615125 AT 565 LEMON STREET SOUTHWEST.

WE HAVE THE PROPERTY OWNER AS WELL AS A NEIGHBOR HERE THAT WOULD LIKE TO GIVE TESTIMONY.

OKAY. WHO WOULD YOU LIKE TO HEAR FROM FIRST? CODE OFFICER, PROPERTY OWNER, THEN NEIGHBOR.

ALL RIGHT. LETITIA DEAN. CODE ENFORCEMENT OFFICER.

THE VIOLATIONS THAT STILL EXIST ON THE PROPERTY ARE EXCESSIVE, EXCESSIVE VEGETATION THAT CONSTITUTES A PUBLIC NUISANCE AND A SERIOUS THREAT TO PUBLIC WELFARE. THE PROPERTY OWNER IS HERE. AND HIS ATTORNEY.

CAN I HAVE THE. THANK YOU. GOOD AFTERNOON. GOOD AFTERNOON. TRIBUNAL ATTORNEY JOSHUA PORTER, REPRESENTING THOMAS DOWNING, THE HOMEOWNER WHO WAS ALSO PRESENT HERE.

OKAY. WE INTEND TO PRESENT SOME EVIDENCE AND EXHIBITS OF WHY THIS IS NOT A VIOLATION.

SO, HOWEVER, TRIBUNAL WOULD LIKE US TO PROCEED.

OKAY. YEAH. GO AHEAD. AND JUST YOU CAN BEGIN BY TRYING TO EXPLAIN, YOU KNOW, WHY THIS IS NOT WHY THIS IS NOT A VIOLATION, AND THEN WE'LL TAKE IT FROM THERE. ABSOLUTELY.

SURE. THE CITATION HERE IS FOR. EXCUSE ME, IS FOR EXCESSIVE VEGETATION, WHICH IS A THREAT TO THE PUBLIC WELFARE OR A PUBLIC NUISANCE. AND THIS IS A CASE ABOUT A SINGULAR HEALTHY TREE.

ONE TREE THAT HAS BEEN ON THE HOMEOWNER'S PROPERTY.

THE DISPUTE APPEARS TO BE BECAUSE THE TREE GROWS AND, YOU KNOW, THERE'S A LIMB OR SO ON THE NEIGHBORING PROPERTY, BUT EVEN THE DEFINITION OF EXCESSIVE VEGETATION WOULD EXCLUDE DEFOLIATION FROM A TREE.

I DON'T EXPECT THAT THIS TRIBUNAL WILL HEAR ANY EVIDENCE OF REFUSE OR PROBLEMATIC TYPE OF DRY TIMBERS, THE TYPES OF THINGS THAT ARE REALLY WHAT WOULD CONSTITUTE A PUBLIC NUISANCE.

I SEE NO INDICATION AT ALL THAT THERE IS A EXCESSIVE VEGETATION.

WE'RE TALKING ABOUT A SINGLE TREE. AND THE TESTIMONY TODAY WILL ACTUALLY SHOW THAT MR. DOWNING HAS ATTEMPTED TO EVEN COMPLY WITH WHATEVER SHOULD, YOU KNOW, WHATEVER THE CODE ENFORCEMENT WANTS TO HAPPEN.

BUT REALLY, ALL THAT'S BEEN DONE WAS ONE PHOTOGRAPH WAS SENT OVER SHOWING A KNOT ON THIS TREE.

AND THE EXPLANATION BEING, HAVE YOUR OWN ARBORIST TAKE A LOOK AND FIGURE OUT WHAT THEY CAN DO TO RESOLVE THIS DISPUTE.

HOWEVER, THE ARBORIST WHO IS NOT PRESENT TODAY.

UNFORTUNATELY, WE DO HAVE A LETTER WE COULD PRESENT, WHICH I UNDERSTAND WOULD BE HEARSAY. BUT IN THE CERTIFICATION WITH THIS THAT HE'S A LICENSED ARBORIST INDICATES THERE'S NO PROBLEM WITH THE TREE.

THE TESTIMONY HERE TODAY IS THAT THIS TREE WAS TRIMMED IN MARCH OF 24.

WE HAVE AN ESTIMATE FOR WHAT WILL BE A NEW TRIMMING, WHICH WAS GOING TO HAPPEN ANYWAY BECAUSE IT GETS DONE ONCE A YEAR.

BUT AS FAR AS WHETHER THIS IS EXCESSIVE VIOLATION THAT CONSTITUTES A PUBLIC NUISANCE.

I DON'T THINK THE LAW ESTABLISHES THAT A SINGLE TREE CAN BE A NUISANCE WHEN IT'S HEALTHY.

OKAY. I APPRECIATE THAT. BEFORE I HEAR FROM YOUR CLIENT I'D LIKE TO HEAR FROM THE CITY JUST TO FURTHER EXPLANATION OF THE NUISANCE ASPECT OF THIS. EXCUSE ME. ALL RIGHT.

AMERICAN LEGAL THAT THE CITY HAS ADOPTED FOR THE ORDINANCE DEFINE EXCESSIVE VEGETATION AS ANY VEGETATION, INCLUDING, BUT NOT LIMITED TO A GROWTH OF BUSHES OR TREES, OR UNIMPROVED OR IMPROVED REAL PROPERTY THAT DETRIMENTALLY AFFECTS ADJACENT IMPROVED REAL PROPERTIES. THEREFORE, I HAVE A WITNESS HERE TO ATTEST TO THE DAMAGE THAT SHE'S OBTAINED FROM THIS TREE IS NOT SIMPLY ONE BRANCH, IT'S A WIDE CANOPY OF A TREE. YES, IT'S HEALTHY, IT'S NOT DAMAGING.

BUT APPARENTLY SHE HAS INCURRED COSTS TO RECTIFY THE SITUATION ON HER BEHALF, BUT WAS TOLD IN THE PAST THAT SHE CANNOT BECAUSE SHE'S TRESPASSING. OKAY, SO THE SO THE NUISANCE OR THE THREAT IS THE DAMAGE TO THE NEIGHBOR'S PROPERTY? CORRECT. OKAY. ALL RIGHT. THANKS. LET'S LET'S HEAR FROM THE NEIGHBOR THEN.

AND YOU'LL KNOW WHERE YOU'LL GET TO ADDRESS EVERYTHING THAT'S SAID.

SO. HI, I'M DENA DESALVO GREEN. I LIVE BEHIND MR. DOWNING. I'VE BROUGHT SOME PHOTOS HERE. I THINK IT'S REALLY HARD TO DISCUSS THIS WITHOUT ACTUALLY SEEING IT.

OKAY. SO IF I MAY YEAH. THAT'S FINE. IF YOU COULD SHOW THEM TO THE THE RESPONDENT'S ATTORNEY FIRST AND THEN BRING THEM UP HERE.

SO IF I MAY EXPLAIN. SO WHAT I'VE BROUGHT IS A PHOTO OF.

[00:20:03]

IT'S HARD TO TAKE A PICTURE OF A TREE FROM UNDER IT.

RIGHT. TO CAPTURE ITS SIZE. THIS IS A A ROYAL POINCIANA.

IF WE'RE FAMILIAR, THESE ARE THE BIG CANOPY TREES THAT HAVE THE BIG ORANGE FLOWERS.

THEY'RE LARGE. ONE OF THE PICTURES IS FROM FLORIDA STATE UNIVERSITY.

IT'S AN EXCERPT FROM THEIR STUDY ON THOSE TREES.

THEY GROW ABOUT 40FT TALL AND AND UMBRELLA AS WIDE.

SO THE OBJECTION IS THAT AS HE PLANTED THE TREE IN A OUR BACKYARD SPACE FROM OUR HOUSE TO OUR BACK FENCE FENCES APPROXIMATELY 15 TO 20FT.

IT IS A ROYAL POINCIANA, SO NOW IT HAS GROWN INTO A ROYAL.

AND THE COST THAT I'VE INCURRED ABOUT $800 PER YEAR TO TRIM THIS OFF MY PROPERTY BECAUSE THE LEAVES AND THE DEBRIS ARE ACTUALLY POISONOUS TO DOGS. SO THAT'S ALSO DOCUMENTED BY FLORIDA STATE UNIVERSITY.

NOT IN THOSE PHOTOS, BUT I CAN PROVIDE IT OR IT'S AVAILABLE ON THE INTERNET.

SO FOR THAT PURPOSE, I HAD TRIED TO HAVE IT CONTINUE TO HAVE IT TRIMMED FROM MY SIDE AND A, YOU KNOW, REQUEST THAT HE SHARE THE COST WITH ME, WHICH HE WASN'T WILLING TO DO.

I TRIED TO HAVE SOMEBODY COME ON SITE AND TRIM IT BACK THE BEST THEY COULD.

HE CALLED THE POLICE AND SAID WE WERE TRESPASSING WHEN THERE'S CLEARLY A FENCE BETWEEN US.

NOTHING CAME OF THAT. BECAUSE I DIDN'T GET THE MESSAGE ON MY PHONE UNTIL AFTER.

AND THEN FROM THERE, I'VE TRIED TO REQUEST THAT I.

I'LL JUST TAKE DOWN MY FENCE AND HAVE AN ARBORIST COME AND TRIM THE TREE IN A HEALTHY FASHION.

THE POINT OF THOSE IS TO PRUNE THEM UP SO THEY GO UP AN UMBRELLA.

BUT BECAUSE HE DOESN'T PRUNE IT, IT JUST GROWS DOWN.

SO IN THE PHOTOS, IF THEY'RE UP THERE, YOU'LL SEE THERE'S A PHOTO TAKEN FROM THE FRONT OF MY HOUSE ALONG THE FENCE LINE, AND YOU CAN SEE WHERE THAT TREE ACTUALLY FALLS OVER.

THAT THIS ONE. MAY I APPROACH? YES. YEAH. SO THIS PHOTO IS FROM MY.

COMING WITH US. SO THIS PHOTO IS FROM MY FENCE LINE FROM THE FRONT.

AND THIS IS THE TREE IN QUESTION. SO AS IT COMES OVER THE FENCE INTO THAT NEIGHBOR'S PROPERTY, OVER MY HOUSE, ONTO MY BACK PROPERTY, THIS IS WHAT HE'S CLAIMING.

HE TRIMS EVERY YEAR, WHICH IS NOT THE CASE. IS THIS YOUR PROPERTY? THIS IS. THIS IS THE SIDE NEIGHBOR. THIS IS A VIEW FROM THE FRONT OF MY HOUSE.

BECAUSE IT COMES OVER SO MUCH, I CAN'T GET A PICTURE FOR YOU OTHER I'VE IN FRONT OF YOUR HOUSE, I GOT YOU. YEAH, I GOT YOU. SO THIS IS FROM THE FRONT, AND THEN THIS ONE IS THE PICTURE WHEN YOU STAND UNDER THE TREE IN MY BACKYARD.

BECAUSE HE CLAIMS I'M TRESPASSING WHEN I TRY TO TRIM THE TREE.

HE'S NOW PUT A CAMERA SO I HAVE NO PRIVACY IN MY BACKYARD.

THAT'S MY NEXT THING TO DEAL WITH BECAUSE IT'S UNCOMFORTABLE.

I'M A SINGLE WOMAN. AND THEN THIS AGAIN IS THE TREE.

YEAH. OF COURSE. THIS IS WHAT IT LOOKS LIKE FROM THE BACKYARD.

SO THIS IS THE BACK FENCE. THIS IS HIS TREE THAT HE CLAIMS TO BE TRIMMING EVERY YEAR.

AND THIS IS THE BACK OF YOUR BACKYARD. THIS IS MY BACKYARD.

THIS IS MY STRUCTURE IN YOUR BACKYARD. THIS IS ALL HIM.

THIS IS MY FENCE. THIS IS HIS TREE. SO IT GOES ALMOST TO YOUR HOUSE.

EXACTLY. AND WHEN THE WIND BLOWS, THESE THINGS THEY BLOW LIKE WHIPS AND THEY HIT MY SCREEN.

AND I HAVE TO I'VE INCUR COSTS TO REPLACE THE TOP SCREENS, WHICH IS WHY I KEEP ATTEMPTING TO CUT IT.

IT'S EXPENSIVE. OKAY. THANK YOU. THANKS. DO YOU HAVE ANYTHING ELSE TO ADD? ONLY THAT UNFORTUNATELY, WITHOUT YOUR ASSISTANCE, I HAVE NO WAY OF RECTIFYING THE MATTER BECAUSE OF THE ACCUSATION OF TRESPASSING.

HE'S NOT WILLING TO WORK. I THINK THERE'S A STANDARD OF REASONABLENESS THAT WE EXPECT FROM OUR NEIGHBORS.

THAT TO IMPOSE COSTS ON A NEIGHBOR FOR SOMETHING LIKE THIS, I THINK, IS UNREASONABLE.

OKAY. ALL RIGHT, I APPRECIATE THAT. I DON'T THINK I CAN GIVE YOU ALL OF THE RELIEF THAT YOU'RE THAT YOU'RE SEEKING.

IT'S BEYOND MY JURISDICTION, BUT BUT WE'LL STILL ADDRESS, YOU KNOW, THE VIOLATION.

OKAY. THANK YOU FOR YOUR TIME. THANK YOU. ALL RIGHT.

WE JUST HEARD NO EVIDENCE OF DETRIMENTAL EFFECT.

THAT'S. THERE WAS NO INDICATION. YOU'VE GOT, EFFECTIVELY THE SUBJECTIVE OPINION OF A NEIGHBOR.

THIS IS A CIVIL DISPUTE. THIS IS NOT EXCESSIVE VEGETATION.

IT CONSTITUTES A PUBLIC NUISANCE. AND THAT'S THE PROBLEM. AND THAT'S AND THAT'S THAT'S WHAT'S BEING CITED HERE.

THIS IS THIS IS A TREE. AND IN FACT, IT'S A CIVIL DISPUTE.

IT FALLS UNDER GALLO VERSUS HELLER. AND THAT'S THAT'S REALLY WHAT THE TREE LAW INDICATES IS THAT UNDER GALLO.

AND I CAN GIVE YOU THE CITATION. BUT THAT'S REALLY WHAT THIS IS, IS A CIVIL DISPUTE.

AND UNFORTUNATELY, THE BURDEN FOR CUTTING A TREE FALLS ONTO THE HOMEOWNER'S SIDE OF THE PROPERTY.

THAT'S WHAT'S GOING ON. ALL RIGHT. SO WE DID HEAR EVIDENCE OF DETRIMENT TO HER TO A NEIGHBOR.

SHE SHOWED US PICTURES OF THE TREE TOUCHING HER HOUSE.

SHE TESTIFIED THAT IT'S DAMAGED HER SCREEN. AND SHE'S ALSO TESTIFIED THAT SHE'S PAID UP TO $800 A YEAR TRIMMING THIS TREE AND DEALING WITH THIS SIDE EFFECT.

[00:25:08]

SO AS FAR AS THE FINE GOES OF WHETHER OR NOT THIS IS EXCESSIVE VEGETATION THAT CONSTITUTES A PUBLIC NUISANCE OR A SERIOUS THREAT TO THE PUBLIC WELFARE, I DON'T I AGREE WITH THE CITY.

IT'S THE FINE. I'M GOING TO I'M GOING TO ENFORCE THE FINE.

NO NO NO NO. WITH RESPECT, WE HAVEN'T EVEN FINISHED OUR CASE.

AND YOU'VE JUST MADE A DETERMINATION THAT YOU'VE JUST INDICATED YOU'VE MADE A DETERMINATION OF WHAT YOU'RE GOING TO DO, AND YOU HAVEN'T EVEN HEARD FROM THE HOMEOWNER. WELL, I'M CONFUSED.

IF HE'S SPEAKING FOR THE HOMEOWNER, THEN WE'VE HEARD FROM THE HOMEOWNER.

YEAH, EXACTLY. AND I THINK THAT THE EVIDENCE, THE PICTURES THAT HAVE BEEN SHOWN BY THE HOMEOWNER ARE CLEAR AND CONVINCING.

THIS IS A DETRIMENT. I MEAN, I CAN'T BELIEVE THAT HE'S GROWING HIS TREE TO THE POINT THAT IT'S TOUCHING HIS NEIGHBOR'S YARD.

YEAH. AND SO THIS ON BEHALF OF THE CITY, WE'RE ASKING THE COURT, THIS TRIBUNAL TO MAX HIM AS MAX TO THE MAX OF FINES THAT YOU CAN GIVE. OKAY. YEAH. I MEAN, UNLESS YOU'RE GOING TO BE ABLE TO TELL ME THAT THESE ARE PICTURES FROM A DIFFERENT PROPERTY THAN.

I MEAN, I HAVE I HAVE NO PROBLEM WITH MY RULING.

SO NOW, AS I SAID BEFORE EARLIER WITH OTHER HEARINGS, THAT IF YOU COME TO ME WITH A PLAN OF HOW OF WHAT YOU'RE DOING TO FIX THE PROBLEM, AND YOU REQUEST A REASONABLE TIME FRAME TO GET THE PROBLEM DONE OR TO GET THE PROPERTY RESOLVED, THEN I'M USUALLY PRETTY HELPFUL, PRETTY LENIENT, AND WE CAN DO THAT.

THAT IS THAT IS A STEP WE ARE PREPARED TO DO.

WE'RE HERE TO OBJECT ON THE GROUNDS THERE'S NO VIOLATION IF THIS TRIBUNAL IS SAYING THERE IS ONE, YOU KNOW, I HAVE TO LIVE WITH THAT. WE DO ACTUALLY HAVE WE BROUGHT WITH US AN ESTIMATE FROM THE TREE GUY WHO AND I WOULD LIKE IF, IF, IF YOU WOULD CONSIDER THE, THE, THE EXHIBITS WE HAVE, I WOULD LIKE TO AT LEAST PRESENT THE PICTURES.

AND I DO HAVE THE LETTER FROM THIS ARBORIST. IF FOR ANYTHING, IT SHOWS THAT HE DID TAKE STEPS, TOOK REASONABLE STEPS TO TRY TO CURE THE PROBLEM. OKAY.

YEAH, I'LL TAKE THAT. OKAY. LET ME. I GOT THESE DIVIDED HERE.

HERE'S THE OTHER. AND THESE PHOTOGRAPHS WERE TAKEN THIS MORNING.

THIS IS AN ESTIMATE. TO TRIM THE TREE.

THIS IS THIS IS LAST YEAR'S TRIM TREE INVOICE.

YEAH, THIS IS MARK. OKAY.

GO AHEAD. OH, DID YOU HAVE DID YOU MAY. MAY. YEAH.

OKAY. GO AHEAD. TOM. MY NAME IS THOMAS DOWNING.

NICE TO MEET YOU, YOUR HONOR. I WOULD LIKE TO SAY THAT I I HAVE NO INTENTION OF CAUSING, LIKE, AN ISSUE WITH COMPLIANCE. I, YOU KNOW, I DON'T WANT TO CAUSE MY NEIGHBOR ANY, ANY ISSUES.

[00:30:06]

THAT'S WHY I BROUGHT THESE ESTIMATES TODAY TO PROVE THAT THOUGH WE WERE HAVING THIS DISPUTE THAT I HAVE NOT BEEN ATTEMPTING TO TO AT LEAST MEET HALFWAY GENE AND I DO HAVE A DISPUTE, AND THAT I DO LIKE THE TREE.

AND SHE DOES NOT LIKE THE TREE. SO IT'S, IT'S DIFFICULT TO KIND OF MEET IN THE MIDDLE THERE, BUT THAT'S WHAT I'M ATTEMPTING TO DO. OKAY. AND SO THESE THESE PICTURES, THESE ARE FROM YOUR YARD LOOKING UP AT THE TREE, IS THAT CORRECT? YES. OKAY. ALL RIGHT. SO. NOW, THE DATE OF COMPLIANCE THAT YOU WERE.

SO YOU WERE NOTIFIED ON. LET ME SEE HERE.

SO YOU WERE NOTIFIED ON JULY 17TH, I BELIEVE.

YES. AND THE VIOLATION WAS TO BE CORRECTED BY AUGUST 8TH.

IT DOESN'T LOOK LIKE THIS ESTIMATE WAS TAKEN UNTIL SEPTEMBER 7TH.

SO CAN YOU EXPLAIN THE THE DELAY IN THAT? YES, I CAN DO THAT.

I AS SOON AS I GOT THE LETTER CERTIFIED MAIL, I THINK I GOT IT.

IT WAS SENT TO THE POST OFFICE BECAUSE I WAS WORKING AND I HAD MISSED IT.

I WENT TO GO PICK UP THE LETTER. ABOUT, I THINK ABOUT A WEEK AFTER I PRETTY SURE LIKE, WITHIN THE NEXT 1 OR 2 DAYS IS WHEN I WENT TO GO MEET WITH MISS DEAN TO TRY TO UNDERSTAND WHAT, TO TRY TO UNDERSTAND WHAT NEEDS TO HAPPEN.

AND SO FROM THAT POINT FORWARD, I WANTED TO KIND OF UNDERSTAND WHAT NEEDED TO BE DONE WITHOUT HAVING TAKEN ANY ACTION, BECAUSE I FELT LIKE IF I GOT THE WORK DONE, DID THE WORK, AND THEN IF IT WASN'T WHAT THEY NEEDED, THEN I'M GOING TO HAVE TO PAY FOR ANOTHER VISIT OUT TO THE PROPERTY AND DELAYS AND SUCH.

SO I WOULD I WAS JUST TRYING TO MEET WITH MISS DEAN TO TRY TO UNDERSTAND, LIKE WHAT THE WHAT THE SUGGESTED METHOD OF ACTION WOULD BE.

AND THAT'S WHEN SHE HAD SUGGESTED TO ME THAT THE DATE, WHICH I REALLY NEED TO PAY ATTENTION TO.

IS THIS PARTICULAR DATE AND NOT THE THE PRIOR DATE ON THAT ON THE NOTICE? OKAY. ALL RIGHT. SO YOU GOT THE NOTICE IN JULY.

YOU REACHED OUT TO THE CITY IN JULY. IS THAT CORRECT TO OKAY.

ALL RIGHT. AND SO NOW THIS THIS INVOICE, YOU'VE YOU'VE TALKED WITH SUPERIOR TREE SERVICE AND YOU EXPLAINED WHAT YOU NEED TO DO TO BE IN COMPLIANCE.

I EXPLAINED TO HIM THAT WE NEED TO TRIM THE TREE.

I'M STILL WONDERING, LIKE WHAT? AND THAT'S WHY I WAS KIND OF WAITING TO SEE.

LIKE WHAT? WHAT IS THE SPECIFIC THING THAT NEEDS TO BE COMPLETED TO BE WITHIN COMPLIANCE? I TRIM THE TREE EVERY YEAR. AND NOW WHEN YOU SAY THAT YOU TRIM THE TREE EVERY YEAR, ARE YOU TRIMMING JUST YOUR SIDE, OR DO YOU TRIM HER SIDE AS WELL? I PAY A SERVICE TO TO MAINTAIN THE TREE, BUT NOT ALL SIDES OR JUST YOUR SIDE.

CORRECT. ALL SIDES, I TRY TO. YES. OKAY. IT CAN'T BE.

I UNDERSTAND. OKAY. SO WHEN IS WHEN IS THIS TREE SERVICE ABLE TO COME OUT? WHAT'S THE EARLIEST THEY CAN GET THIS JOB DONE? HE DID NOT PUT A DATE ON THAT.

THAT LETTER THERE. SO I'M NOT ENTIRELY SURE THEY ARE BACKED UP.

I REACHED OUT TO HIM PROBABLY ROUGHLY TWO WEEKS AGO.

SO I PRESUME IT MIGHT TAKE HIM, LIKE, A MONTH TO GET OUT.

OKAY. HAVE YOU EXPLORED ANY OTHER WAYS OF TRYING TO MITIGATE YOUR NEIGHBOR'S DAMAGES BEFORE THAT? BEFORE THE THE ACTUAL TRIMMING OCCURS? YES.

WE HAD TALKED OVER TEXT MESSAGE AND TRIED TO.

I TRIED TO UNDERSTAND, LIKE, WHAT SHE WAS SPECIFICALLY SEEKING.

IT ESCALATED. IT TURNED INTO A BAD CONVERSATION.

AND THEN, YOU KNOW, SO WE STOPPED TALKING OVER TEXT.

OKAY. I THINK IT'S I AGREE. I DON'T THINK THIS IS A DIFFICULT CASE.

AND IT APPEARS THAT THE. PETITIONER, THE RESPONDENT HERE IS IT APPEARS THAT HE'S INTENTIONALLY TRYING TO AFFECT HER.

HE'S HIRED AN ATTORNEY, AND HIS ATTORNEY IS ALSO TALKING ABOUT THE LAW THAT HE ONLY HAS TO TAKE CARE OF CERTAIN PARTS.

AND WHEN HE SAYS HE'S TRIMMING EVERY YEAR, THERE'S NO WAY THAT THAT MUCH FOLIAGE COULD COME INTO NOT ONLY HER PROPERTY,

[00:35:07]

BUT THE OTHER ADJACENT PROPERTY. AND I THINK THAT THESE ARE EXCUSES.

HE'S ASKING FOR ANOTHER MONTH TO GET IT TOGETHER.

AND I THINK THAT HE'S HAD CLEARLY, I'M SURE HE'S HAD OVER YEARS TO RESOLVE THIS PROBLEM.

AND THIS THIS YOUNG LADY SHOULD NOT HAVE TO BEAR THE BURDEN OF WHAT HE'S CREATING.

IT'S FAIRLY EASY. WHAT NEEDS TO BE DONE? EVERYTHING THAT'S ACROSS HIS FENCE NEEDS TO GO AWAY.

THAT'S SIMPLE. IT'S EASY AND IT'S THERE. HE DOESN'T NEED ANOTHER 30 DAYS, YOUR HONOR.

WHAT HE CAN DO IS WE WOULD ASK FOR TEN DAYS. WE.

IN FACT, WE WOULD ASK THAT THE FINE BE IMPOSED RIGHT NOW.

AND HE CAN COME BACK AT A LATER DATE AND SHOW THAT HE'S DONE THE WORK THAT WAS NECESSARY AND ASKED TO HAVE THE FINES REDUCED.

BUT AT THIS POINT, I THINK WE NEED TO GIVE THIS HOMEOWNER SOME RELIEF FROM A NEIGHBOR THAT'S PURPOSELY INVADING HER HOME IN HER SPACE.

CAN I INTRODUCE A COUPLE MORE EMAILS INTO THE RECORD? BECAUSE THIS THIS CHARACTERIZATION IS JUST SIMPLY NOT ACCURATE.

THESE ARE EMAILS FROM MR. DOWNING TO LETITIA DEAN.

ON AUGUST 12TH. AND SO THIS IS ACTUALLY EVEN AFTER THE AUGUST 8TH DATE, HE'S EXPLICITLY ASKING WHAT TO DO.

I DON'T REALLY EVEN UNDERSTAND WHERE THAT CHARACTERIZATION IS COMING FROM OR MISCHARACTERIZATION OVER, OVER DISPUTE OVER A SINGLE TREE. THIS IS YOU GOT YOUR OWN EMAILS, I GUESS.

BUT MAY I APPROACH? YEAH.

OKAY. I, I DO HAVE TO AGREE WITH WITH RODNEY ON ONE THING FOR SURE, THAT THIS CASE IS A LOT SIMPLER THAN WE'RE MAKING IT OUT TO BE. IF IF ALL THAT HAPPENED WAS YOU CAME UP HERE AND SAID, I GOT A I GOT AN ARBORIST, AND I NEED 30 DAYS TO GET THE TREE CUT. THEN THAT'S IF THAT WAS.

IF THAT WAS IT. YOU KNOW, I THINK WE'D HAVE A MUCH SIMPLER CONVERSATION.

BUT I MEAN, HERE WE'RE GETTING AT YOU KNOW, THERE'S BEEN ALLEGED, THERE'S BEEN DAMAGE ALLEGED TO THE OTHER PROPERTY.

WE'RE SAYING WE'RE NOT IN VIOLATION. SO. ORIGINALLY THE CITY SAID THAT THEY ASKED FOR TEN DAYS. I THINK I THINK TEN DAYS IS FAIR BECAUSE YOU KNOW, I GOT TO BALANCE THE FACT THAT THAT THE NEIGHBOR NEEDS SHE NEEDS TO NOT BE INJURED ANYMORE WITH, YOU KNOW, YOUR ABILITY TO JUST ACTUALLY GET. OBVIOUSLY, IF I IMPOSE THE FINE TODAY, SOMEONE'S NOT COMING OUT TODAY TO GET IT DONE.

BUT I THINK I AGREE THAT A MONTH IS WAY TOO LONG.

SO I THINK THE WAY TO GO ABOUT THIS IS TO GIVE A A TEN DAY EXTENSION FOR COMPLIANCE.

AND THEN IF YOU KNOW, IF IT TAKES LONGER THAN THAT, IF IT DOES TAKE A MONTH THERE IS ANOTHER THERE'S ANOTHER MAGISTRATE FOR THAT TO GET TO GET FINES REDUCED. WHICH, YOU KNOW, HE'LL, HE'LL HEAR THE CASE IF EVERYTHING GETS DONE GETS DONE, YOU KNOW, WITHIN A REASONABLE TIME. SO WE'LL SET THE NEW DATA COMPLIANCE TO BE SEPTEMBER 20TH, 2025, AND THEN IT'LL BE A $50 A DAY FINE FOR EVERY DAY AFTER THAT.

THE PROPERTY IS NOT IN COMPLIANCE. CAN WE CAN WE STATE FOR THE RECORD, LIKE, WHAT IS THE NECESSARY COURSE OF ACTION SO THAT WHEN I GET THE WORK DONE, WE DON'T HAVE TO KIND OF COME BACK HERE IN A YEAR AND DO THIS.

WELL I MEAN, I CAN'T TELL YOU FROM FROM HERE.

LIKE WHAT? YOU. EXACTLY WHAT YOU NEED TO DO. YOU NEED TO WORK OUT WITH CODE ENFORCEMENT TO FOR FOR THEM TO, YOU KNOW, WORK OUT WHAT YOU NEED TO DO. BUT, I MEAN, AS FAR AS STAYING STAYING OUT OF HERE BY NEXT YEAR, I MEAN, I WOULD JUST I WOULD SAY MAYBE YOU PROBABLY JUST HAVE TO MAKE TRIMMING HER SIDE OF THE TREE AN ANNUAL THING.

SO CODE ENFORCEMENT SUGGESTS THAT I FOLLOW UP.

MY ARBORIST SAYS. AND THAT'S I GUESS THAT'S WHAT I'M GOING TO DO.

I MEAN, I DO WANT TO RESOLVE THIS. I DON'T WANT TO UPSET ANYBODY OR CAUSE AN ISSUE WITH COMPLIANCE.

SO I FEEL LIKE I'M JUST GOING TO HAVE TO LEAN ON THE ARBORIST TO MAKE THOSE CALLS.

WELL, NO, YOU GOT TO LEAN ON WHAT? ON WHAT CODE ENFORCEMENT TELLS YOU.

BECAUSE IF THE ARBORIST SAYS NO, LEAVE ALL THIS, THEN HE'S TELLING YOU TO LEAVE THE PROPERTY AND NOT IN VIOLATION.

WITH ALL DUE RESPECT, THAT IS WHAT CODE DID SAY FOR ME TO DO IS GET AN ARBORIST AND AND FOLLOW WHAT THE ARBORIST SAYS.

[00:40:06]

OH. YEAH, HE'S ADVISED TO CONSULT WITH THE ARBORIST TO FIGURE OUT WHAT WAY TO CUT IT, SO THAT IT WOULDN'T CONTINUE TO GROW THAT WAY. RIGHT. RIGHT. I MEAN, I THINK IT'S KIND OF SIMPLE.

IF YOU HAVE A TREE IN YOUR YARD, IT NEEDS TO STAY IN YOUR YARD.

YEAH. I MEAN, THAT'S NOT I MEAN, THIS IS WHAT I'M SAYING.

HE'S MAKING IT SO DIFFICULT. THE TREE NEEDS TO STAY IN YOUR YARD AND NOT IN THE NEIGHBOR'S YARD.

SIMPLE. YEAH, I AGREE. IT'S IT'S JUST THAT EASY.

IT'S YOUR IT'S YOUR TREE. IT'S NOT YOUR NEIGHBOR'S TREE. SO. ALL RIGHT.

WELL, THE THE TRIBUNAL WILL BE ISSUING A WRITTEN FINDING OF FACT.

YES. OKAY. THANK YOU.

FOR. INVITING ME TO HELP YOU GET A LAWYER TO GO TO COURT.

I'M SORRY. I MEAN, BUT WHEN I SAW THE TREE, AT FIRST, I THOUGHT IT WAS JUST MAYBE A BRIDGE OR SOMETHING.

BUT THIS WHOLE TREE IN YOUR BACK YARD. OUR NEXT CASE IS CB 2616325.

AND THIS IS AT 312 NOBLES AVENUE NORTHEAST. THE OFFICER IS SABRINA NICHOLSON.

IT'S SOMETHING SABRINA NICHOLSON, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.

THE VIOLATIONS STILL EXIST ARE SECTION 74.25 H, 74.25 B AND 93.03 OWNER WAS NOTIFIED BY CERTIFIED MAIL. HE IS HERE TO SPEAK. HE'S I THINK HE'S GOING TO BE ASKING FOR SOME ADDITIONAL TIME TO MOVE SOME OF THE STUFF.

HE'S IN THE PROCESS OF ALSO BUILDING A HOUSE.

SO SOME OF THE STUFF, ONCE THE HOUSE IS BUILT IS GOING TO BE MOVED PERMANENTLY.

BUT IN THE MEANTIME, I THINK HE NEEDS SOME EXTRA TIME.

OKAY. OKAY. MARK. I JUST NEED A LITTLE BIT OF TIME.

MY HOUSE SHOULD BE DONE BY MARCH, OR JUST GIVE ME ANOTHER PLACE TO STICK IT IN THE YARD.

IF THEY DON'T WANT IT RIGHT THERE, JUST TELL ME WHERE I CAN PUT IT.

IT'S JUST TWO TRAILERS, BUT I ALSO HAVE A BOAT AND A TRUCK.

ANOTHER PERSONAL TRUCK, AND THE OTHER VEHICLES ARE BUSINESS VEHICLES WITHOUT LABELING.

AND THEN I GOT TWO TEENAGERS. THEY GOT THEIR OWN, SO WE GOT A LOT OF CARS.

THE WHOLE REASON I BOUGHT HALF AN ACRE AND NOW I CAN'T USE THE OTHER HALF THAT I BOUGHT IT FOR.

OKAY, CAN I HAVE THE FILE, PLEASE TAKE A LOOK AT THIS.

SO. BUT EVERYTHING WORKS. IT'S NOT LIKE IT'S.

THEY ALL MOVE. THE TIRES ARE ALL GOOD. ALL THE CARS HAVE AIR CONDITIONING.

EVERYTHING'S REGISTERED, INSURED. IF IT HAS TO BE COMMERCIALLY AND PERSONALLY.

OKAY. ALL RIGHT, SO I HOPE YOU'RE NOT ASKING TO WAIT TILL MARCH TO MOVE ALL THIS STUFF. JUST GIVE ME ANOTHER PLACE IN THE YARD. THAT'S ALL I'M ASKING. I'LL PUT IT ANYWHERE IN THAT YARD.

I DON'T FEEL LIKE I. I BOUGHT THE PROPERTY TO BE ABLE TO USE THE PROPERTY, NOT TO RENT STORAGE SPACE FROM A STORAGE UNIT FOR TWO TRAILERS.

OKAY. WHAT'S WHAT'S GOING ON WITH THIS ACCUMULATION OF TRASH AND DEBRIS? HAS THAT BEEN TAKEN CARE OF? JUST PALLETS AND PALLETS ARE GONE.

OKAY. SO? SO IT WAS JUST PALLETS. AND THE GRASS GREW UP IN BETWEEN THE TWO TRAILERS.

BUT YOU'VE REMOVED THE PALLETS. YEAH. SO. SO IF CODE WENT OUT TODAY THEY.

YEAH IT WAS, IT WAS OKAY. OKAY. IS THERE A PLACE ON THE PROPERTY WHERE THEY CAN MOVE THESE VEHICLES AND NOT BE IN VIOLATION? I'LL, I'LL SET UP A TIME TO GO OUT, AND WE CAN WALK THE PROPERTY BECAUSE IT IS IT'S LARGE ON ONE SIDE, BUT IT'S A CORNER LOT. AND HE DID SHOW THAT THAT WAS PART OF THE PROBLEM.

SO HE ALREADY PUT UP A FENCE, BUT IT'S IT'S THE WROUGHT IRON FENCE THAT YOU SEE.

SO ANYWAY, I'LL HAVE TO GO AND AND SEE WHAT WHAT HE HAS ON THE.

I KNOW BECAUSE OF THE CORNER. YEAH. SO WE'LL I'LL HAVE TO WALK OUT THERE AND SEE EXACTLY WHERE HE MIGHT BE ABLE TO PUT SOME OTHER THINGS BECAUSE OF THE LAYOUT OF HIS LOT. BUT YEAH, WE CAN SCHEDULE TO DO THAT.

I MEAN, I CAN HIDE IT THE BEST I CAN BEHIND THE HOUSE, AND MY NEIGHBOR HAS A PRIVACY FENCE IN LINE.

ALSO UP AGAINST IT. I JUST PUT A LITTLE TWO FOOT TRAIL IN BETWEEN THE TWO, BUT I CAN PUT IT BEHIND MY HOUSE IF IT'S AN EYESORE AT THE CORNER.

I DON'T MIND THAT, BUT THERE'S ALSO A BOAT AND A TRUCK THAT ARE GOING TO BE VISIBLE NO MATTER WHAT.

AND WHAT WAS WHAT'S THE DEAL WITH? YOU'RE BUYING A NEW PROPERTY THAT YOU COULD PUT THESE THINGS BEING BUILT BY GIBRALTAR OVER BY HEALD ROAD RIGHT NOW, THIS HOUSE JUST ORIGINALLY WHEN WE BOUGHT THE PROPERTY, SOMEBODY ELSE WAS IN THE CONTRACT.

[00:45:03]

THEY FELL OUT AND THEY ALREADY HAD THE OPPORTUNITY TO PUT TWO HOUSES ON THE LOT THAT I WANTED THE WHOLE THING.

SO LONG STORY SHORT, THIS HOUSE WASN'T IDEAL FOR MY FAMILY BECAUSE I HAVE FOUR KIDS, SO I NEED FIVE BEDROOMS, THREE BATHS. THAT'S ONLY FOUR BEDROOM, TWO BATH.

SO WE OUTGREW THE PROPERTY IN TWO YEARS. SO IT'S UP FOR SALE NOW.

HOPEFULLY WE'LL HAVE SOMEBODY BUYING IT SOON.

I THINK INTEREST RATES ARE GOING DOWN. I HAVE AN OPEN HOUSE ON SATURDAY, SO IT SHOULDN'T.

LOOK, IF I'M TRYING TO SELL IT. I DON'T THINK IT LOOKS LIKE AN EYESORE IF I'M TRYING TO SELL THE PROPERTY.

OKAY. AND THESE OTHER THESE TRAILERS IS FOR BUSINESS USE.

YEAH, WELL, THE ONE'S FULL OF TOOLS. POWER TOOLS.

AND THE OTHER ONE IS DUMP TRAILER FOR DEBRIS THAT WE TAKE FROM THE JOB SITE.

I HAVE TO HAUL IT TO THE DUMP. OKAY. SO. I MEAN, ONE OF THE THINGS YOU NEED TO CONSIDER IS, YOU KNOW, IF YOU DON'T. YOU DON'T HAVE TO OWN A BOAT.

YOU'RE USING THESE THINGS FOR. YOU'RE USING THE TRAILERS FOR BUSINESS USE.

SO I DON'T THINK THERE'S I DON'T THINK IT'S INEQUITABLE TO REQUIRE YOU TO GET RENTAL SPACE IF YOU NEED TO.

IN THE MEANTIME, BETWEEN NOW AND WHEN YOU HAVE YOUR YOUR NEW PROPERTY BUILT.

BUT, YOU KNOW, IF WE CAN WORK IT OUT SO THAT YOU COULD FIND HIM, PUT HIM ON A DIFFERENT PLACE IN YOUR PROPERTY, THEN I'M FINE WITH THAT. THE ISSUE IS, IF YOU CAN'T FIND ANOTHER SPOT ON THE PROPERTY, THEY'RE GOING TO HAVE TO BE MOVED.

SO IF YOU NEEDED TO LOOK FOR A PLACE TO A RENTAL FACILITY TO PUT THESE ITEMS, HOW LONG WILL THAT TAKE FOR YOU TO FIND A PLACE, GET THE LEASE, FIND A PLACE. I CAN MOVE IT TO ANOTHER HOUSE.

BUT THAT'S KIND OF PUTTING MY MOTHER IN LAW AND MY MOTHER KIND OF.

THEY DON'T WANT THEM THERE EITHER. YOU KNOW? I CAN STICK THEM THERE TILL MARCH, BUT, YOU KNOW, PUTTING OTHER FAMILY MEMBERS OUT. OKAY. SO IF YOU CAN'T FIND REVIEWS OF YOUR CURRENT PROPERTY FOR THESE VEHICLES IS TWO WEEKS AGO, WE CAN COME UP WITH A.

BUT IF NOT, IS TWO WEEKS ENOUGH TIME TO FIND A PLACE TO PUT THESE THINGS? NO. WHY NOT? IT'S JUST NOT. YOU JUST SAID YOU HAD YOUR MOTHER IN LAW THERE FOR TWO YEARS, AND NOW THEY'RE A PROBLEM.

THAT. OH, I DON'T CARE. WHAT HAPPENED IN THE PAST IS NOT NOT AT ISSUE HERE.

IT'S. WE'RE DOING GOING FORWARD. YOU JUST GAVE ME TWO PLACES.

YOUR MOTHER IN LAW. AND I BELIEVE THERE'S ANOTHER FAMILY TOGETHER.

THEY LIVE IN THE SAME HOUSE. OKAY. SO YOU CAN'T FIND A STORAGE FACILITY IN TWO WEEKS? YEAH, I COULD I DON'T WANT TO ABSORB THE EXPENSE OF IT.

OKAY. PROBLEM? WELL, I UNDERSTAND, BUT THAT'S JUST SOMETHING THAT COMES ALONG WITH OWNING A BOAT.

SOMETIMES WE CAN FIND A PLACE THAT I CAN STICK THESE TO.

OKAY. TO HELP EVERYBODY. WHOEVER'S COMPLAINING, OBVIOUSLY.

ALL RIGHT. SO I'M GOING TO SET THE THE NEW DATE OF COMPLIANCE IS SEPTEMBER 25TH, 2025, AND IT'LL BE $50 A DAY FINE FOR EACH DAY AFTER THAT THAT THE PROPERTY IS NOT IN COMPLIANCE. I SUSPECT THAT THE SECTION 93.03 VIOLATIONS PROBABLY.

FINE. SO THE CODE WILL TAKE A LOOK AT THAT AND PROBABLY DON'T HAVE TO WORRY ABOUT THAT ONE.

BUT THE OTHER TWO ARE WHAT WE'RE, WE'RE LOOKING AT.

SO SEPTEMBER 25TH, 2025 OR BASICALLY IT'S $100 A DAY.

THANKS. THAT'S IT. THANK YOU. OUR NEXT CASE TO BE HEARD IS CB 2614525 AT 3050 BAILEY TERRACE, NORTHEAST. THE CODE OFFICER IS VALERIE STURGIS.

6145. VALERIE STURGIS, CODE COMPLIANCE DIVISION MANAGER, CITY OF PALM BAY.

THE VIOLATIONS ON THE PROPERTY AT 3050 BAILEY TERRACE ARE MAINTAINING A CONDITION THAT CONSTITUTE A BLIGHTING INFLUENCE ON ADJACENT PROPERTIES AND CONSTITUTES A HAZARD TO PUBLIC HEALTH, SAFETY AND WELFARE. TO WIT, THE HOUSE. THERE WAS A HOUSE FIRE AND CURRENTLY HAS NO ELECTRICITY.

THERE ARE TALL GRASS AND WEEDS AS WELL AS SOME TRASH AND DEBRIS.

I HAVE SPOKEN TO MR. RUSSELL AND I KNOW HE DOES WANT TO SPEAK TODAY.

HE DID HAVE THE CERTIFICATE OF OCCUPANCY REVOKED BY THE BUILDING DEPARTMENT.

I DON'T KNOW HOW MUCH TIME HE'S NEEDING, BUT I KNOW HE DOES WANT TO SPEAK.

[00:50:01]

OKAY. THANK YOU. YOU WANTED TO SPEAK? SIR, IF YOU PLEASE COME UP AND.

YEAH. WELL. SO THIS LETTER SAYS IF I DON'T GET THIS DONE IN TWO WEEKS, I'M GOING TO BE FINED. YES.

SO THE. WELL, THE ORDER SAYS THAT THE PROPERTY, THE VIOLATIONS HAD TO BE CORRECTED BY AUGUST 22ND.

SO IF THEY'RE NOT CORRECTED ALREADY, THEN YOU'RE YOU'RE AT RISK OF BEING FINED.

THE CORRECTION IS TO REBUILD THE HOUSE. SO I'M SUPPOSED TO BUILD THE HOUSE BY AUGUST 22ND? WELL, I DON'T THINK IT TAKES TO BUILD THE HOUSE, BUT WHAT IS? I DON'T THINK I CAN DO IT IN TWO WEEKS. HOLD ON.

OKAY. SO JUST. IT WASN'T FOR YOU TO REBUILD THE HOUSE.

YOU WERE CITED FOR TALL GRASS AND WEEDS, TRASH AND DEBRIS.

AND THEN YOUR. EXCUSE ME, YOUR CERTIFICATE OF OCCUPANCY WAS REVOKED BECAUSE YOU DON'T HAVE ANY POWER.

SO IT HAS NOTHING TO DO WITH REBUILDING THE HOUSE.

IF YOU CUT THE GRASS, CLEAN UP THE TRASH, ESTABLISH AN YOUR FPL ACCOUNT TO WHERE YOU HAVE ELECTRICITY, AN FPL ACCOUNT WITHOUT A HOUSE. IT'S NOT GOING TO.

I'VE ALREADY BEEN THROUGH THIS. OKAY. WELL, FIRST OF ALL, I.

WE CAN WE'LL SET ASIDE THE HOUSE ISSUE FOR A SECOND.

YOU DON'T HAVE TO BUILD A NEW HOUSE TO GET RID OF TRASH AND DEBRIS OR CUT YOUR GRASS. DID DID THAT ALREADY TOOK CARE OF THE FRONT YARD? GOT THE TRASH AND DEBRIS. OKAY. WELL, THERE'S A LITTLE LEFT.

I'M STILL WORKING ON IT, BUT YOU KNOW, YOU HAVE THE YARDS.

FINE. OKAY. OKAY. SO IF IF CODE WERE TO GO OUT TODAY, THEY WOULD SAY THAT THE PROPERTY IS IS IN COMPLIANCE.

IT'S NOT IN VIOLATION EXCEPT ELECTRICITY. RIGHT? YEAH. YEAH. I'M JUST TALKING ABOUT FOR THESE TWO THINGS. OKAY, SO NOW THE THE BIG ONE IS GETTING ELECTRICITY BACK.

SO DOES THE HOUSE. VALERIE. IS IT JUST IF THEY GET THE ELECTRICITY REESTABLISHED, THEN THE VIOLATION IS.

SO I DON'T KNOW WHAT THE EXTENT OF THE FIRE DAMAGE IS.

THE BUILDING DEPARTMENT DID NOT SUPPLY ME THAT INFORMATION. I DO KNOW THAT A PORTION OF THE HOUSE WAS SEVERELY DAMAGED.

THEY HAVE NOT TOLD ME IT'S NOT LIVABLE, BUT HE DOES NOT HAVE ELECTRICITY RIGHT NOW.

SO THAT'S WHY THE CFO WAS REVOKED. HE WOULD HAVE TO ESTABLISH FPL, AND THEN I'D HAVE TO SEND AN INSPECTOR OUT THERE TO SEE IF HE'S STILL ABLE TO LIVE IN A PORTION OF THE HOUSE WHILE HE GETS THE REST OF IT.

I DON'T KNOW IF HE WAS ADVISED TO DEMOLISH AND REBUILD.

I DON'T KNOW THE NATURE TO THE EXTENT. OKAY. ALL RIGHT.

SO IT SOUNDS LIKE WHAT WE NEED IS YOU NEED A CONTRACTOR OR SOMEONE TO COME UP AND TELL YOU WHAT YOU NEED TO DO TO BE ABLE TO GET THE FPL ACCOUNT REESTABLISHED. AND HERE'S THE ISSUE IS THE HOUSE ELECTRICAL SYSTEM WAS BURNT. IT'S. THE ROOF WAS BURNT. THERE'S NO WIRING TO HOOK TO.

THERE'S NO BOX ON THE OUTSIDE. LEFT, RIGHT. WHICH IS WHY YOU NEED AN ELECTRICIAN TO COME OUT AND TELL YOU WHEN, HOW LONG THIS CAN TAKE, BECAUSE, SEE, I, I MUST NOT BE DOING A GREAT JOB OF GETTING THIS ACROSS TO PEOPLE TODAY.

BUT I'M HAPPY TO GIVE YOU AS MUCH TIME AS YOU NEED.

I JUST NEED SOME EVIDENCE. I NEED, I NEED SOME I NEED YOU TO TELL ME YOU KNOW, I'VE SPOKEN WITH AN ELECTRICIAN.

HE SAYS IT'S GOING TO TAKE SIX MONTHS OR, YOU KNOW, IT'S GOING TO TAKE THREE MONTHS TO GET THIS SET.

IF YOU CAN, IF YOU CAN GIVE ME SOME OF THAT, I'M HAPPY TO, TO GIVE YOU EXTRA TIME TO COMPLY.

WELL, I DON'T I MEAN, I CAN'T JUST SAY OKAY, WELL.

ALL RIGHT. NO. NO VIOLATION. I MEAN, IT'S A VIOLATION.

I JUST NEED I NEED SOME I NEED YOU TO GIVE ME SOMETHING HERE ABOUT HOW I CAN HELP YOU OUT. THERE'S A THING CALLED TEMPORARY POWER.

WOULD THAT QUALIFY AS HOOKED UP TO FPL? I DON'T KNOW.

I'M FAMILIAR WITH WHAT HE'S SAYING. I ACTUALLY, I HAD A HOUSE IN I HAD A HOUSE AN INVESTMENT PROPERTY.

THAT WAS A SIMILAR ISSUE. I BOUGHT IT AFTER IT HAD BURNED DOWN, AND WE HAD TO GET A POLE.

AND BASICALLY WHAT THAT WAS, WAS THE THE ELECTRIC COMPANY.

THEY SET UP A TEMPORARY POLE, AND I DON'T KNOW, I DON'T KNOW ANYTHING ABOUT YOUR ELECTRIC SITUATION.

IN MY SITUATION IT WAS IT WAS AS SIMPLE AS JUST HOOKING IT UP TO THE BOX BECAUSE THE ACTUAL BREAKER BOX HADN'T BURNED.

BUT I DON'T KNOW IF THAT WOULD SATISFY THE CITY CODE.

THAT THAT WOULD BE FOR THE CODE AND CODE ENFORCEMENT OFFICERS TO INSPECT THE PROPERTY.

AND. YEAH, I THINK ONCE I HIRE A CONTRACT ENGINEER, I MEAN A CONSTRUCTION ENGINEER, THEY COME OUT AND APPROVE THE PROPERTY.

AND I COULD GET A TEMPORARY POWER. BUT SO FAR I'VE BEEN UNSUCCESSFUL.

[00:55:03]

I'VE TRIED TO GET TEMPORARY POWER TO, YOU KNOW, JUST.

YOU GOT TO DO THIS THING FIRST, RIGHT? SO. SO YOU HAVE YOU TALKED TO A CONTRACTOR OR AN ELECTRICIAN ABOUT THIS? I'VE TRIED TO GET HOLD OF THEM. THEY DON'T REALLY WANT TO.

I THINK THIS IS SUCH A SMALL THING FOR THEM. YOU KNOW, I'M TRYING TO GET HOLD OF THEM, BUT WHILE I'M HERE, I WOULD LIKE TO MENTION SOMETHING.

I HAD A FIRE IN MY CARPORT COOKING AN EGG. OKAY.

I WENT OUT TO GRAB THE HOSE, PUT THE FIRE OUT.

FIRE MARSHALS STAND IN FRONT OF ME. TELL ME TO GET OFF THE PROPERTY.

OKAY. SO I DON'T WANT TO GO TO JAIL FIGHTING WITH THE FIRE OFFICIAL.

SO I GET OFF THE PROPERTY AND THREE FIRE TRUCKS OR AMBULANCES TANKER TRUCK EIGHT COP CARS.

EVERYBODY'S THERE STANDING THERE WATCHING MY HOUSE BURN BECAUSE THE POLICE TOLD THE FIREFIGHTERS THAT MY HOUSE WAS A DRUG HOUSE. IT WAS A METH LAB. AND AFTER EVERYTHING BURNED, THEY GO I GUESS IT WASN'T A METH LAB.

BUT I THINK THE CITY OWES ME A HOUSE AND A CAR.

OKAY. THAT IS A DEBATE FOR A DIFFERENT FORUM.

DO YOU DO YOU HAVE INSURANCE ON THE HOUSE? NO.

OKAY. IT WAS PAID OFF. WELL. YOU SHOULD. OKAY.

ALL RIGHT. YOU HAVEN'T. YOU HAVEN'T GIVEN ME ANYTHING I CAN HELP.

I NEED SOME EVIDENCE OF WHAT YOU NEED. THE TIME YOU NEED TO FIX THIS.

IS A MONTH GOING TO DO THE TRICK? TWO MONTHS? I'M NOT REALLY FAMILIAR WITH DOING THIS KIND OF CONSTRUCTION, SO I DON'T KNOW HOW LONG IT WOULD TAKE.

I WOULD THINK JUST OFF THE TOP OF MY HEAD, SIX MONTHS, I DON'T KNOW.

SOMEBODY ELSE MIGHT KNOW MORE THAN ME. OKAY. ARE YOU LIVING IN THE HOUSE RIGHT NOW? I'M CAMPING IN THE AREA ON THE PROPERTY. OKAY.

PRETTY SURE THAT'S NOT. THAT'S NOT ALLOWED EITHER.

ALLOWED TO CAMP ON YOUR OWN PROPERTY? NO, NO, NOT.

A CERTIFICATE OF OCCUPANCY HAS BEEN REVOKED. OKAY.

SO THIS IS WHAT WE'RE GOING TO DO. I'M GOING TO GIVE YOU A 30 DAY EXTENSION.

AND I REALIZE THAT 30 DAYS IS NOT IS PROBABLY NOT GOING TO BE ENOUGH TO GET THIS ALL WORKED OUT.

BUT IF YOU CAN COME BACK IN 30 DAYS AND YOU'VE SPOKEN WITH A WITH THE CONTRACTOR, YOU OR AN ELECTRICIAN AND YOU'VE GOT AND YOU, YOU'VE WORKED WITH CODE ENFORCEMENT AND YOU'VE YOU'VE GOT A PLAN.

THEN WE CAN WORK ON ADDITIONAL AN ADDITIONAL EXTENSION BECAUSE I MEAN, OBVIOUSLY I DON'T I DON'T THINK PILING ON FINES IS GOING TO GET THIS HOUSE REPAIRED ANY QUICKER. BUT I WANT TO, TO FOR LACK OF A BETTER TERM, LIGHT A FIRE UNDER YOU TO, TO MAKE SURE THAT WE GET THIS PROCESS GOING. SO I HIRE A CONTRACTOR CONSTRUCTION ENGINEER, AND GET HIS INPUT, AND THEN WE COULD GO FROM THERE.

YEAH. IF YOU HIRE THE PROPER LICENSED PROFESSIONAL.

I DON'T KNOW IF IT'S A IF IT'S A CONSTRUCTION ENGINEER OR AN ELECTRICIAN OR OR, YOU KNOW, A ROOFER IF YOU, IF YOU HIRE THE PROPER LICENSED PROFESSIONAL AND THEY AND THEY AND THEY GIVE YOU A TIMELINE AS TO WHAT NEEDS TO BE DONE.

THEN I'M HAPPY TO GIVE YOU AN EXTENSION, BUT FOR RIGHT NOW, IT'S IT'S ONLY GOING TO BE A 30 DAY EXTENSION.

30 DAYS. OKAY. WELL, I'VE LEARNED THAT IT ALL STARTS WITH A CONSTRUCTION ENGINEER.

NOTHING CAN HAPPEN. YOU CAN'T GET TEMPORARY POWER.

YOU CAN'T DO ANYTHING. YOU GOT TO START THERE.

SO THAT'S MY. ALL RIGHT, WELL, THEN. THEN THAT SOUNDS.

THEN IT SOUNDS LIKE YOU. AT LEAST YOU'VE GOT YOU'VE GOT THAT OCTOBER 10TH.

IS THAT GOING TO BE ENOUGH TIME FOR THE NEXT HEARING? OCTOBER 8TH IS THE NEXT HEARING OCTOBER 8TH. OKAY.

SO WE'LL GO WE'LL COME BACK IN NOVEMBER. WE COULD HE WOULD COME BACK TO THE NOVEMBER 12TH HEARING.

IF HE'S NOT IN COMPLIANCE HE COULD COME BACK THEN AND ASK FOR ADDITIONAL TIME.

UNLESS YOU WANT TO TABLE IT UNTIL OCTOBER 8TH FOR HIM TO SHOW THAT HE'S.

YEAH. THAT'S A THAT'S A GOOD IDEA. WE'LL DO THAT. SO INSTEAD OF INSTEAD OF RESETTING THE DATA COMPLIANCE, WE'RE JUST GOING TO TABLE IT. SO WE'RE TABLING THE BASICALLY WE'RE JUST GOING TO COME BACK AND WE'RE GOING TO TALK ABOUT THIS AGAIN NEXT MONTH.

[01:00:05]

OKAY. AND IF YOU COME UP COME BACK NEXT MONTH OCTOBER 8TH OCTOBER 8TH.

COME BACK NEXT MONTH WITH A PLAN. AND THEN WE CAN WORK ON THE PROPER AMOUNT OF EXTENSION.

OKAY. OKAY. THANK YOU. OUR NEXT CASE TO BE HEARD IS CB 2615325. AND THIS IS AT 295 JASPER STREET NORTHWEST.

THE CODE OFFICER IS LETITIA DEAN. LETITIA DEAN, CODE ENFORCEMENT OFFICER FOR PALM BAY.

THE VIOLATIONS THAT STILL EXIST AT THIS PROPERTY IS RECREATIONAL VEHICLES PROHIBITED TO PARK OR BE STORED IN FRONT OF THE RESIDENCE.

RECREATIONAL VEHICLES PARKED ON THE SIDE OF A STREET CORNER OPPOSITE THE SIDE INTERIOR PROPERTY LINE MUST BE SCREENED BY A SIX FOOT OPAQUE FENCE.

SO HE HAS A BOAT THAT'S IN FRONT OF THE RESIDENCE, AND I HAVE THE HOMEOWNER HERE.

HE'S REQUESTING ADDITIONAL TIME TO MAKE ACCOMMODATIONS WITH HIS FENCE FOR THE BOAT.

OKAY. HOW ARE YOU DOING, YOUR HONOR? MY NAME IS PEDRO HERNANDEZ.

I LIVE AT 295 GASPER STREET. WHEN I FIRST RECEIVED THE NOTICE, I WORKED DILIGENTLY TO TRY TO REMOVE WHAT WAS THERE, WHICH WERE THE VEHICLES THAT WERE PRIMARILY THERE AS WELL.

I ALSO HAD A CAR TRAILER THAT I WAS USING FOR CAR HAULING FOR MY OWN PERSONAL BUSINESS, BEING THAT I DIDN'T HAVE A WAY TO STORE THE TRAILER.

I SOLD THE TRAILER. I WENT TO PULL A CONTRACT WITH THE FENCE BECAUSE I MAINTAIN MY WARRANTY ON THE FENCE.

THEY HAVE TO BE THE ONES TO DO THE REPAIR. MIND YOU, IT COST ME A FRACTION OF THE COST IF I DID IT MYSELF.

BUT MY. SO I SOLD THE TRAILER TO PAY TO DO THE FENCE REPAIR.

BUT WHAT I DID WITH THE MONEY FOR THE TRAILER WAS I PAID DOWN MY CREDIT CARD TO PAY THE FENCE COMPANY, NOT KNOWING THAT THEY CHANGED THEIR PAYMENT PROCESS AND THEY ONLY TAKE CHECK OR ZELLE.

SO THEY KIND OF SHOT MYSELF IN THE FOOT AT THAT POINT.

I MADE A DEPOSIT ON DOING THE FENCE REPAIR. I DON'T HAVE THE MONEY TO FINISH PAYING FOR IT AT THE MOMENT.

AS SOON AS THAT MONEY IS AVAILABLE, THEY CAN COME RIGHT OUT AND DO IT.

ASKING FOR SOME MORE TIME TO BE ABLE TO COME UP WITH THE REST OF THE MONEY, TO BE ABLE TO, YOU KNOW, ACCOMMODATE THE CITY WITH THE FENCE, TO MOVE THE BOAT INTO THE SIDE YARD THAT I HAVE ON THE HOUSE.

OKAY. AND THE FIXING THE FENCE THAT WILL FIX THE ISSUE.

YES, SIR. BASED ON HIS SETUP OF HIS HOME FOR HIM, THE DRAINAGE IS ON ONE SIDE.

SO THE FENCE THAT HE HAS ON THE OPPOSITE SIDE OF THE HOUSE HAS A SMALL GATE, SO HE HAS TO MAKE ACCOMMODATIONS WITH THE GATE AND PART OF THE FENCING TO GET IT THROUGH THAT SIDE YARD. OKAY, SO HOW MUCH TIME DO YOU NEED FOR THAT? IF IT'S POSSIBLE, AT LEAST 60 DAYS. OKAY. YEAH, THAT'S.

THAT'S FINE. AFTER TODAY, THAT'S. I THINK THAT'S A PRETTY REASONABLE ASK.

OKAY. SO WE'LL SET THE NEW DATE OF COMPLIANCE AS NOVEMBER 9TH.

2025. AND THEN AFTER THAT, IT'LL BE A $50 A DAY FINE FOR EVERY DAY THAT THE PROPERTY IS NOT.

IT'LL BE DONE BY THEN. OKAY. ALL RIGHT. SOUNDS GOOD. THANK YOU.

THANK YOU. YEAH. I'LL SEND YOU A NOTICE. OUR LAST CASE TO BE HEARD IS CB 2615525.

THIS IS AT 1239 WADE STREET SOUTHEAST. THE CODE OFFICER IS PHILLIP CLENDENIN.

AND ANGELICA IS GOING TO PRESENT THIS CASE.

ANGELICA'S NEED CODE COMPLIANCE OFFICER, CITY OF PALM BAY.

THE VIOLATIONS THAT EXIST ARE UP FOR 112. I MEAN, 1239 WAY STREET, SOUTHEAST PALM BAY, FLORIDA.

32909. AND THE PROPERTY WAS POSTED JULY 21ST, 2025 AND THE SECTION 170 4.0 01I FAILURE TO OBTAIN SITE PLAN FOR APPROVAL FOR FENCE SECTION 17.74.0071.

FAILURE TO MAINTAIN FENCE IN ORIGINAL UPRIGHT CONDITION TWO WITH MISSING PIECES OF FENCE.

SECTION 74.25 C2 PARKING PROHIBITED UNLESS THE REAR YARD IS ENCLOSED BY SIX FOOT TALL OPAQUE FENCE, TO WIT CAMPER AND VEHICLE IN BACKYARD AND NOT BEHIND SIX FOOT FENCE.

THE RESPONDENT CAME IN AND ASKED FOR MORE TIME AND THEY SHOWED PICTURES THAT THEY ARE WORKING ON IT, SO THEY SUBMITTED THAT AND THEY NEEDED 30 DAY EXTENSION.

OKAY, BUT THEY'RE NOT HERE. THEY JUST CAME AND DROPPED OFF THE STUFF.

OKAY. BUT THEY BUT THEY ARE WORKING TO FIX IT.

DOES THE CITY HAVE A PROBLEM WITH 30 DAY EXTENSION? NO. OKAY. SO WE'LL SET THE NEW DATE OF COMPLIANCE FOR OCTOBER 10TH, 2025.

AND THEN IT'LL BE A $50 A DAY FINE FOR EVERY VIOLATION.

THAT CONTINUES THEREAFTER. OKAY. THANK YOU. THANKS.

[01:05:11]

THE FOLLOWING CASES ON THE PER DAY FINE. AGENDA ITEMS ONE THROUGH 27 WILL BE, UNLESS PREVIOUSLY HEARD,

[CODE COMPLIANCE HEARINGS: PER DAY FINE]

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 MAKING 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 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 25TH, 2025, 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 FIND AGENDA ITEMS ONE THROUGH 34, 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 A NOTICE ACCORDING TO CHAPTER ONE, 62 OF THE FOUR 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 MAKING ALL EXHIBITS AND AFFIDAVITS INTO EVIDENCE IN THESE CASES, AND REQUESTED THE SPECIAL MAGISTRATE FIND 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 FAIL TO COME INTO COMPLIANCE.

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

I FIND THAT ALL THE RESPONDENTS IN THE CASE IS 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 20TH, 2025, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER, TO BRING THE RESPECTIVE PROPERTIES INTO COMPLIANCE OR PAY A SET FINE OF $200.

I AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS TO BRING THE PROPERTY INTO COMPLIANCE, AND CHARGE THE PROPERTY OWNER WITH THE REASONABLE COST OF THE ACTIONS, ALONG WITH THE IMPOSED FINE. THE FOLLOWING CASE IS ON THE SET AGENDA ITEMS 35 THROUGH 49 AND THIS PREVIOUSLY HEARD ARE LISTED AS COMPLIED WILL BE HEARD ON CONSENT WITHOUT FURTHER

[CODE COMPLIANCE HEARINGS: SET FINE]

TESTIMONY IN THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE FILES PRESENTED.

THE CITY REPRESENTS. ALL RESPONDENTS HAVE BEEN SERVED A NOTICE DECLARING CHAPTER 162 OF THE STATE STATUTES AND 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 FIND THE RESPONDENTS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION, THAT THE SPECIAL MAGISTRATE'S SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND IMPOSE A SET FINE IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE BY THE COMPLIANCE DATE.

I FIND THAT ALL 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 20TH, 2025, 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 SET FINE OF $200 FOR VIOLATION.

THAT'S ALL I HAVE FOR TODAY. ALL RIGHT THEN, WE WILL ADJOURN AT 218.

* This transcript was compiled from uncorrected Closed Captioning.