[00:00:02] I'D LIKE TO CALL TO ORDER THE SPECIAL MAGISTRATE HEARINGS OF OCTOBER 15TH, 2025. [CALL TO ORDER] IT'S 1:01 P.M.. MY NAME IS JIM BEADLE. I'M THE PERSON APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTIONS IN CODE ENFORCEMENT LIENS, AND THE GENERAL PROCEDURE IS ANY APPLICANT SHOULD COME UP AND INTRODUCE THEMSELVES AND THEIR NAME AND ADDRESS AND PRESENT THEIR CASE, AND THE CITY WILL PRESENT THEIR TESTIMONY. AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND, AND YOU NEED TO BE SWORN IN BY THE CLERK. [SWEARING IN] DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES. THANK YOU. OUR FIRST CASE IS CB 2479124 [PETITION FOR RELIEF] AT 428 TRUMPET STREET, SOUTHWEST. I'M KIM LEWIS. I'M AN AGENT FOR OWNER. IT SEEMS LIKE WE GOT VIOLATED FOR MILDEW. TALL GRASS, TRASH AND DEBRIS AND DEBRIS. AND IT HAS BEEN CURED. OKAY. IT APPEARS IN YOUR APPLICATION YOU'RE REQUESTING A REDUCTION TO $2,500. YES, SIR. AND WHAT'S THE CITY'S POSITION? VALERIE STURGIS, CODE COMPLIANCE DIVISION MANAGER. THE CITY IS SEEKING THE $750 ADMIN COSTS, ALONG WITH 13% OF THE TOTAL LIEN AMOUNT OF 21,565. 87 COMES OUT TO $2,803.57. PLUS, THE 750 IS A TOTAL OF $3,553.57. OKAY. AND WHAT'S YOUR POSITION ON THE CITY'S? COULD THEY COULD YOU CONSIDER 2500? CAN YOU CONSIDER IT? CONSIDER WHAT? CAN YOU CONSIDER 2500? I AM CONSIDERING 25, BUT THAT'S WHAT YOU ASKED FOR IN YOUR APPLICATION. YES, SIR. WE TEND TO HAVE. I MEAN, I'VE DONE THIS A LOT, BUT WE TEND TO HAVE MORE CASES THAN WHAT WE SHOULD. BUT I FEEL AS THOUGH WE WE TRY TO COMPLY AS BEST AS WE CAN. SOME OF IT IS RESIDENT UNINCORPORATED THAT WE TRY TO HOLD THEM ACCOUNTABLE TO. BUT AS OWNERS, WE DON'T WANT ANY OF OUR PROPERTIES TO VIOLATE ANY CODES OR BE INSIGHTFUL. OKAY. I GUESS IN LIGHT OF THE LENGTH OF TIME THIS WAS IN VIOLATION. AND THE ADDITIONAL INSPECTIONS WHAT I'LL DO IS I'LL, I'LL SPLIT THE DIFFERENCE IN HALF. SO IT'LL BE 3000, BASICALLY 3000, $25, 3025. OKAY. THAT WORKS. I ONLY HAVE TO KNOW SO I CAN ASK THEM TO SEND THE CHECK. THAT WORKS. AND AS I AS WE'VE DONE BEFORE, WE PUT IN THE ORDER 30 DAYS. IS THAT GOING TO BE SUFFICIENT TIME? YEAH, THAT SHOULD BE FINE. OKAY. WELL, THE REASON WHY IS BECAUSE IF IT'S NOT PAID WITHIN 30 DAYS, THE CURRENT FINE GETS REINSTATED. OKAY. NO PROBLEM. OKAY. THEN THERE'LL BE AN ORDER ENTERED TO THAT EFFECT. OKAY. THANK YOU. YES, MA'AM. THANK YOU. OKAY. THANK YOU. THANK YOU. OUR NEXT CASE. CB 2544624 AT NINE 60 GULFPORT ROAD SOUTHEAST. THEY ARE CURRENTLY NOT PRESENT. SO MOVING ON TO CB 2322422 AT 1097 NEW BERN STREET NORTHEAST. THIS IS A PHONE CONFERENCE. GENIE PHONE IS. ARE THEY THE ONES THAT DIDN'T SHOW UP LAST MONTH? OH THAT WAS. NO, THAT WAS THEN. THAT DIDN'T. AND THEN THIS IS A NO SHOW. SO FAR. AND NOW WE'RE DOING A CONFERENCE. I'M ASSUMING THE ANSWER. THE PHONE. DID YOU HIT THE MOVIES THAT WERE ON SALE? I DID THIS ON BECAUSE THEY WERE IN THE ANY. BUY TWO, GET TWO. DID YOU GET THAT FLAVOR? YOU DIDN'T DO THE BELLINI? I TRIED TO BACK. OUT OF THE VOICEMAIL. I COME BACK IN A MINUTE. THAT'S A BIG DEAL. I'LL GIVE THEM BOTH TILL TEN AFTER. I MEAN, IT'S OUT OF CURIOSITY, WE HAVE AN INDIVIDUAL WHO'S TRYING TO MAKE CHANGES. [00:05:01] SHE WANTS TO DO BOTH MEETINGS ON THE SAME DAY. DO WHAT? NOW SHE WANTS TO DO THE BOARD MAGISTRATE AND THE MAGISTRATE ON THE SAME DAY. FOR WHAT? THE REGULAR BOARD. REGULAR BOARD? MAGISTRATE THAT WE DO THE SECOND WEEK. SHE WANTS THIS ONE ON THE SAME DAY AS THAT ONE IN THE MORNING. WHO DOES? OUR ACTING DIRECTOR FOR GROWTH. OH, OKAY. SO. AND WHEN IS THAT? IT'S THE SECOND WEDNESDAY OF THE MONTH. AND WE WOULD PROBABLY DO IT AT 10 A.M. IF IT GOES THROUGH. I DON'T KNOW. WELL, HOW DO WE KNOW HOW LONG THE REGULAR HEARING IS GOING TO LAST? OH, WE'RE DOING YOURS FIRST. WE DO YOURS FIRST BECAUSE YOURS ARE TYPICALLY QUICK BECAUSE WE DON'T KNOW HOW LONG THE OTHER ONE GOES. WELL, THAT'S WHAT I MEANT. THE WAY YOU FIRST SAID IT. I MADE IT SOUND LIKE I WAS GOING TO BE AFTER THAT. SO YEAH, THEY ACTUALLY DID SAY THAT. AND I SAID WE CAN'T BECAUSE WE DON'T KNOW HOW LONG HOURS ARE GOING. I DON'T EVEN KNOW IF IT'S GOING TO FLY. I DON'T EVEN KNOW WHY WE'RE HAVING TO CHANGE. BUT DO YOU NORMALLY HAVE REGULAR COURT IN THE MORNINGS? WELL, IT JUST DEPENDS ON THE SAME THAT THAT ISSUE IS GOING TO BE THE SAME NO MATTER WHAT. I MEAN, I DON'T KNOW, YOU KNOW, IF A JUDGE SETS A TRIAL, I GOT TO GO. IF THERE'S OR THERE'S A HEARING SET, I GOT TO GO TO THE HEARING. WE'RE WE'RE LOOKING RIGHT NOW. THERE'S NOTHING THERE'S NOTHING IN THE ORDINANCE THAT SAYS WE CAN'T. BUT I NEED TO CHECK WITH LEGAL TO FIND OUT IF WE'RE EVEN ALLOWED TO DO BOTH IN THE SAME DAY. THAT'S JUST GOING TO BE A LONG DAY. HOW LONG DO THE REGULAR MEETINGS USUALLY LAST? WELL, WE HAVE THE BUILDING DEPARTMENT CASES FIRST. THAT TYPICALLY RUNS ANYWHERE 30 MINUTES TO AN HOUR. AND THEN WE DO OUR CASES DEPENDING ON HOW MANY RESPONDENTS SHOW UP. THAT COULD BE ANOTHER HOUR OR MORE. YEAH, WE'VE HAD A COUPLE OF REASONS. 2 OR 3 HOURS. YEAH, WE JUST HAD ONE IN SATELLITE. AN EMERGENCY ONE. FOUND A DEAD BODY THAT HAD BEEN PERCOLATING FOR ABOUT TWO WEEKS. AND THE AND THE OWNER OF THE PROPERTY WASN'T GOING TO DO ANYTHING OTHER THAN HAVE. HE'S TRYING TO GET PEOPLE TO GO IN THERE AND CLEAN IT UP FOR HIM, RATHER THAN FOLLOWING THE PROCEDURE FOR DISPOSING OF THINGS BECAUSE HE HAD BODILY FLUIDS AND ALL KINDS OF STUFF. WHY ISN'T THE HEALTH DEPARTMENT INVOLVED? ACTUALLY, WHAT THEY CALL THE HEALTH DEPARTMENT. THEY SAID THEY WEREN'T GOING TO GET INVOLVED UNTIL WE HAD A WE HAD A SPECIAL MAGISTRATE MEETING ACTUALLY LAST. WEDNESDAY, I THINK IT WAS LAST WEDNESDAY, LAST WEDNESDAY OR LAST TUESDAY. YEAH, BASICALLY. WELL, BASICALLY TO GET THEM TO DO SOMETHING BECAUSE WE WEREN'T GOING TO DO ANYTHING. AND HE KEPT TRYING TO GET. APPARENTLY HE TOLD THE PEOPLE WHO CAME TO GET THE GUY'S PERSONAL EFFECTS THAT THEY NEEDED TO CLEAN THE PLACE UP. AND THEN. THEN THEY FOUND. THEN OUR CODE INSPECTOR WENT OUT AND FOUND OUT THAT HE WAS IN THERE WITH HIS WIFE, TRYING TO CLEAN IT UP THEMSELVES. WELL, HE DIDN'T WANT TO PAY HIM. YEAH. OF COURSE. BUT YOU HAVE TO HIRE A COMPANY. WELL, YOU'RE SUPPOSED TO. LET'S PUT IT THAT WAY. AND THAT WAS THE ORDER OF THE MAGISTRATE PUT IN THERE WAS. YOU HAVE TO COMPLY WITH THIS. YOU HAVE TO GET A REGISTERED, LICENSED PERSON FROM THE STATE OF FLORIDA FOR THAT TYPE OF DISPOSAL. AND HE'S STILL TRYING TO. THAT'S CRAZY. NOT DO ANYTHING ABOUT IT. YET. BUT WE'LL KEEP YOU WE'LL KEEP YOU POSTED. I DON'T I DON'T KNOW HOW IT'S GOING TO GO. WE'RE STILL TRYING TO FIND OUT IF IT'S SOMETHING WE'RE ALLOWED TO DO. NOTHING. YOU TRY AGAIN. TWICE. TWO MORE MINUTES. SO WE'LL GIVE YOU ONE MORE. I'LL TRY AGAIN. OKAY. THAT'LL WORK. DID YOU PAUSE THE RECORDING? OH, YOU CAN'T STOP IT. I DON'T THINK YOU SHOULD ANYWAY, BUT. WHAT? I HAVE TO SAY IS. THAT. APPARENTLY. THERE. [00:10:05] DID YOU? GET THAT SMELL OUT? NO, IT WASN'T THAT BIG, AND IT WASN'T THAT MUCH. IT COULD HAVE SOMETHING TO SHARE. HELLO. HI, THIS IS CAROL. GARIN. ARE YOU. AT HOME? YEAH. OKAY. YOU DIDN'T HAVE A MEETING WITH THAT? NOW. I HOPE YOU DIDN'T KNOW THAT. MR. BARON, CAN YOU HEAR ME? GOT MY VOLUME. CAN YOU HEAR ME NOW? YEAH, THAT'S MUCH BETTER. OKAY. CAN YOU PLEASE RAISE YOUR RIGHT HAND? AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD, I DO. THANK YOU. I'M GOING TO TURN YOU OVER TO MR. BEADLE, AND YOU CAN PRESENT YOUR CASE TO HIM. OKAY? OKAY. THANK YOU. MR. BARON, CAN YOU HEAR ME? I CAN, SIR. OKAY. MY NAME IS JAMES BEADLE. I'M THE PERSON THAT WAS APPOINTED BY THE CITY OF PALM BAY TO CONSIDER APPLICATIONS FOR REDUCTIONS IN CODE ENFORCEMENT LIENS. THE GENERAL PROCEDURE IS THAT YOU, AS THE APPLICANT, WILL PRESENT WHATEVER YOU WANT ME TO CONSIDER. WHEN YOU'RE DONE, THEN THE CITY WILL PRESENT THEIR SIDE, AND THEN YOU HAVE AN OPPORTUNITY TO RESPOND TO WHAT THE CITY PRESENTS. DO YOU HAVE ANY QUESTIONS? I DON'T, I UNDERSTAND. OKAY. CAN YOU GO AHEAD AND PROCEED? YEAH. SO MY UNDERSTANDING IS THERE WAS A CODE ENFORCEMENT VIOLATION. I THINK WE'RE GOING BACK TO 2020 OR 2021. FORGIVE ME. I WASN'T EXPECTING A PHONE CALL RIGHT NOW FOR A A BOAT, A TRAILER AND A GOAT OF A TRAILER, A BOAT AND A GOAT. AND THAT THOSE ITEMS WERE REMOVED WITHIN TWO WEEKS. I HAVE A TENANT THERE, SO I ACTUALLY NEVER GOT ANY NOTIFICATIONS AT ALL ON ANY OF THIS. BUT I HAD A TENANT THERE. I WAS AT THE HOUSE WITHIN TWO WEEKS OF THE DATE THAT THEY THAT THEY STARTED THIS CODE VIOLATION, AND AT THAT POINT THE BOAT, THE BOAT AND THE TRAILER WERE ALREADY GONE, SO I NEVER RECEIVED ANYTHING PAST THAT. DIDN'T KNOW THERE WAS A VIOLATION, BUT EVERYTHING WAS GONE WITHIN TWO WEEKS. SO UNTIL I WENT TO TRY TO SELL THE HOUSE RIGHT NOW AND FOUND OUT THERE'S A LIEN. I'VE BEEN ABSOLUTELY CLUELESS THAT THERE'S ANYTHING OUTSTANDING. OKAY, WHAT IS IT YOU'RE REQUESTING OF ME? WELL, I DON'T KNOW IF ANYBODY HAS EVER GONE BACK TO THE HOUSE. BUT EVERYTHING'S BEEN. EVERYTHING WAS REMOVED WITHIN. WITHIN, LIKE I SAID, WITHIN TWO WEEKS. AND NOW I'M FINDING IT LIKE THIS. ASTRONOMICAL. FINE. THAT'S GOING ON. FOR YEARS. WE TOOK CARE OF. WE TOOK CARE OF EVERYTHING ON OUR SIDE REALLY QUICK. I DON'T UNDERSTAND WHY WHY THIS VIOLATION WAS WAS STILL GOING IF EVERYTHING WAS GONE. THAT'S SO MY REQUEST IS TO TO TAKE THIS. CLIMB BACK TO. I MEAN, I WAS THERE WITHIN TWO WEEKS TO TAKE THE SIGN OUT FOR TWO WEEKS. WE WOULD STILL WOULD STILL BE A LOT OF MONEY, BUT TWO WEEKS FROM. WHAT DO YOU KEEP YOU KEEP SAYING TWO WEEKS. TWO WEEKS FROM WHEN? FROM THE INITIAL THE INITIAL VIOLATION DATE. SO BACK IN 2022, IS THAT WHAT YOU. YEAH. YEAH, I FORGIVE ME BECAUSE I DON'T HAVE I DON'T HAVE THAT IN FRONT OF ME. WELL THE NOTICE OF VIOLATION, THE FINDING, THE FINDINGS BY THE CODE ENFORCEMENT BOARD OR THE SPECIAL MAGISTRATE WAS OCTOBER THE 12TH, 2022. YES, SIR. SO YOU SAID YOU DIDN'T KNOW ABOUT IT, BUT YOU'RE TELLING ME YOU FIXED IT WITHIN TWO WEEKS AFTER YOU FOUND OUT ABOUT IT? WELL, I HAD A TENANT THERE, AND I WAS ACTUALLY AT THAT HOUSE WITHIN TWO WEEKS OF THAT VIOLATION DATE. AND THERE IS NO THERE WAS NO BOAT GOING OR TRAILER THERE. IT WAS ALREADY REMOVED. BECAUSE I WOULD HAVE STOOD. I WOULDN'T HAVE STOOD FOR ANY OF THAT AS THE OWNER OF THE AS THE OWNER OF THE PROPERTY ANYWAY. SO YOU'RE SAYING THAT YOU WERE THERE AT THE END OF OCTOBER OF 2022? [00:15:30] SO BASICALLY, AS I UNDERSTAND IT, YOU'RE ASKING FOR A REDUCTION TO $600. THAT'S CORRECT. OKAY. OKAY. AND WHAT'S THE CITY'S POSITION? VALERIE STURGIS, CODE COMPLIANCE DIVISION MANAGER. HOLD ON A SECOND. CAN YOU. CAN YOU HEAR, MR. BARON? IT'S A LITTLE DIFFICULT. CAN YOU HEAR ME NOW? I CAN, YES. THANK YOU. OKAY, SO THIS IS VALERIE STURGIS, THE CODE COMPLIANCE DIVISION MANAGER. I AM THE ONE LOOKING THROUGH THE CASE FROM THE OFFICER. THE CITY IS SEEKING THE $750 ADMINISTRATIVE FEES, ALONG WITH 10% OF WHAT THE LIEN AMOUNT TOTAL IS. THE TOTAL IS $53,632.65. WE'RE SEEKING 10%, WHICH COMES OUT TO $5,363.27, PLUS THE $750 ADMIN FEE, WHICH IS A TOTAL OF $6,113.27. I ALSO WOULD LIKE TO NOTE THAT THERE IS A PHOTO FROM JUNE 2025, STILL REFLECTING A DUMPSTER THAT WAS ON THE PROPERTY, ALONG WITH TRASH AND DEBRIS, AND THAT THE OFFICER HAS PUT THE CASE IN COMPLIANCE AS OF SEPTEMBER OF THIS YEAR. AND THE NOTICE WAS DELIVERED FROM THE POST OFFICE AND SOMEBODY SIGNED FOR IT ON AUGUST 11TH, 2022. OKAY. SO MY, MY MY QUESTION IS THE DUMPSTER WAS USED FOR FOR A REMODELING PROJECT, BUT THAT HAS THAT SHOULD HAVE NO BEARING ON REMOVING THE CODE ENFORCEMENT. AND THEN THE FINAL THING WAS THE CLEANUP OF THE HOUSE ON THE SALE. BUT SO MY QUESTION IS THIS THE THE ORIGINAL CODE VIOLATION WAS GONE WITHIN TWO WEEKS. AND YOU'RE REQUESTING $6,000 FOR AN ISSUE FOR A A BOAT AND TRAILER THAT WOULD THAT WAS GONE WITHIN DAYS. THIS DOESN'T SEEM FAIR. AND IF THEY'VE GONE BACK, THEY WOULD HAVE SEEN THAT THERE WAS NO WHETHER I GOT NOTICED OR NOT, WHICH I DIDN'T, WHICH APPARENTLY WENT TO THE TENANT, I GUESS. BUT REGARDLESS, THEY WOULD HAVE SEEN THAT A BOAT TRAILER AND BOAT WERE NEVER THERE. SO THE DUMPSTER THEY HAPPENED TO CATCH A DAY WHERE WHERE WE WERE DOING WORK. IT SHOULD HAVE NO BEARING ON THIS. THERE WAS NEVER A BOAT OR TRAILER THERE ANYMORE AFTER TWO WEEKS. I NEED TO ASK THE CITY A COUPLE OF QUESTIONS WITH RESPECT TO THE ACCUMULATION OF TRASH AND DEBRIS. WHAT EXACTLY WAS THAT AT THE TIME OF THE VIOLATION? I'M LOOKING THROUGH THE CASE FILE. I DON'T SEE ANYTHING SPECIFIC THAT WAS WRITTEN OTHER THAN TRASH AND DEBRIS. I DON'T SEE ANYTHING SPECIFIC OTHER THAN WHAT WAS IN THE PHOTOS ORIGINALLY. DO THE PHOTOS ACTUALLY SHOW ANY TRASH AND DEBRIS? I DON'T THINK THERE'S SOME PHOTOS THAT ARE IN THE CASE THAT ARE ONLINE, BECAUSE THE ONLY PHOTOS I'M SEEING HERE ARE THE ONES OF THE GOAT AND THE BOAT. I'M NOT SEEING THE PHOTO OF THE ACTUAL TRASH AND DEBRIS. OKAY. WITH RESPECT, I'M SORRY. OKAY. I'M SORRY. I JUST HAD A HARD TIME HEARING THAT. BUT THEY DIDN'T SEE A BOAT OR TRAILER AT THAT POINT. WE HAD A DUMPSTER CLEANUP. WAS ACTUALLY CLEANING THE PROPERTY. ARE THEY SAYING THAT WHERE THEY'RE NOT SAYING THAT THEY SAW A TRAILER OR BOAT IN THE FRONT? CORRECT. CAN YOU. I WASN'T ASKING THAT QUESTION. ALL I ASKED WAS, IS WHETHER OR NOT THERE WERE ANY PHOTOS SHOWING TRASH AND DEBRIS. I DIDN'T ASK ANY QUESTIONS OTHER THAN THAT. CAN YOU GET. SORRY. CAROL IS GOING TO TRY TO PRINT OUT THE PHOTO WITH THE TRASH AND DEBRIS. OKAY. WITH RESPECT TO. WHAT OTHER INSPECTIONS WERE DONE AFTER THE INITIAL. [00:20:04] ORDER WAS ENTERED IN OCTOBER OF 2022. HOW MANY? MR. BARON, I'LL ADDRESS ONE ISSUE THAT YOU BROUGHT UP. THE FACT THAT YOU DIDN'T RECEIVE A NOTICE IF AND I DON'T KNOW WHAT OTHER PROPERTIES YOU OWN ANYWHERE ELSE IN FLORIDA BUT THE ANY LOCAL GOVERNMENT, IRRESPECTIVE OF THE CITY OF PALM BAY OR ANY OTHER LOCAL GOVERNMENT IN THE STATE, IS ONLY OBLIGATED TO PROVIDE NOTICES TO THE ADDRESSES THAT ARE MAINTAINED ON THE PROPERTY APPRAISER'S WEBSITE. AND THE ONLY ADDRESS THAT'S PROVIDED. LET ME FINISH, PLEASE. THE ONLY ADDRESS THAT'S PROVIDED IS THE SITE ADDRESS. YOU HAVE THE ABILITY TO PROVIDE A MAILING ADDRESS IN ADDITION TO THE SITE ADDRESS. AND RIGHT NOW THE ONLY BOTH THE THE SAME ADDRESSES LISTED FOR BOTH. I DO UNDERSTAND. I UNDERSTAND THAT, YOUR HONOR. YEAH. THIS IS THE DEBRIS THAT WAS STILL LEFT. IS THAT THE FRONT? YEAH. AND HOW MANY INSPECTIONS? THE INSPECTIONS AFTER THE INITIAL. AFTER THE BOARD. OH, AFTER THE BOARD. BUT THE BOARD. THERE SHOULD HAVE BEEN AT LEAST 3 OR 4. FOUR. OKAY. SO THAT'S A TOTAL OF 12. BUT MY QUESTION WAS IS WHEN WERE THEY PERFORMED? SO MAYBE WE CAN DO THIS. I HAVE THE FOLLOW UP INSPECTION ON 1031 OF 2022 IS STILL IN VIOLATION. 1130 2022 STILL IN VIOLATION. SIX ONE 2023 STILL IN VIOLATION. WHEN YOU SAY STILL IN VIOLATION, WHAT EXACTLY IS THE VIOLATION THAT STILL EXISTS? ALL THREE STILL EXIST UNTIL JUNE OF 2025. JUNE 26TH OF 2025. SHE PUT THE BOAT AND THE GOAT IN COMPLIANCE, AND THE TRASH AND DEBRIS WAS STILL IN VIOLATION UNTIL TEN TWO OF 2025. I THINK. THIS IS THE. WHERE DOES IT SAY WHAT WAS STILL IN VIOLATION? THIS IS WHERE IT LISTS THE VIOLATIONS. THE TRASH AND DEBRIS WAS DONE. NO NO, NO. I UNDERSTAND THAT I'M SAYING. WHAT? WHEN YOU DID THE INSPECTIONS, WHAT WERE ALL THREE VIOLATIONS STILL THERE? HOW DO I KNOW THAT? ALL IT SAYS IS STILL IN VIOLATION. IT DOESN'T SAY WHY, IT'S STILL IN VIOLATION. WELL, ALL BECAUSE IT'S VIOLATED FOR ALL THREE OF THESE. AND THEN HERE IN JUNE. NO, I UNDERSTAND THAT. NO, NO, THAT'S NOT WHAT I'M ASKING. I UNDERSTAND THIS PART. WHAT I'M ASKING IS. SO THEY DRIVE BY. HOW DO I KNOW THAT THERE'S ONLY TRASH AND DEBRIS, AS OPPOSED TO THE BOAT AND THE GOAT STILL BEING THERE? [00:25:07] THEY WOULD HAVE COMPLIED THAT VIOLATION. THE VIOLATION IF, FOR INSTANCE, IF HE CLEANED UP THE TRASH AND SAY THE THE BOAT AND THE OTHER VIOLATIONS STILL EXISTED, SHE WOULD PUT THE TRASH IN COMPLIANCE AND THEN SAY THE OTHER TWO ARE STILL IN VIOLATION WHEN THEY PUT STILL IN VIOLATION AND THEY DON'T NOTE ANYTHING IN COMPLIANCE. THAT MEANS ALL THREE ARE STILL IN VIOLATION. OKAY. AND THAT'S THE STANDARD PROCESS FOR THE CITY? YES. WHEN WAS THIS PHOTOGRAPH TAKEN? THAT WAS 930. WHEN SHE WAS JUNE, 625. SIX 25TH JUNE 2525. YES. AND HERE'S THE SCREENSHOT SHOWING WHEN SHE PUT THEM IN COMPLIANCE. OKAY. MR. BARRON, THE THE CITY PROVIDED ME WITH THE INFORMATION. THERE'S A PHOTOGRAPH TAKEN ON JUNE 25TH OF THIS YEAR THAT SHOWS THAT THERE'S SOME I DON'T KNOW WHAT IT IS THAT'S ON THE EITHER ON THE SIDE OF THE DRIVEWAY OR ON THE SIDE OF THE DRIVEWAY AND IN THE YARD. THAT APPEARS TO BE. SOME SORT OF DISCARDED MATERIAL OR IS TO BE DISCARDED. THAT'S NOT IN. THERE'S A DUMPSTER ON THE PROPERTY, TOO, BUT IT'S NOT IN THE DUMPSTER, SO IT'S STILL SITTING ON THE ON THE PROPERTY OUTDOORS. AND AND LET ME FINISH. AND THE. FROM THE CITY'S PERSPECTIVE. WELL, ACTUALLY, I HAVE A QUESTION. IF THIS IF THIS IS WHAT THE PROPERTY LOOKED LIKE ON JUNE 25TH. OKAY. THAT'S THE INSPECTION THAT TOOK THE OTHER TWO OFF, I ASSUME. OKAY. SO, MISTER BARON, WHAT APPEARS IS, IS THAT THE CITY DID SUBSEQUENT INSPECTIONS AND STILL SAW THE VIOLATIONS EXISTING AFTER THE TIME YOU INDICATED IT HAD BEEN RESOLVED. I DON'T I DON'T KNOW HOW OFTEN YOU CAME BACK DOWN TO THE PROPERTY AFTER YOU INDICATED YOU WERE HERE FOR THE AT THE END OF OCTOBER OF 2022. BUT ACCORDING TO THE CITY'S INSPECTION REPORTS, WHICH IS A NORMAL BUSINESS ACTIVITY CONDUCTED BY THE CITY, IT'S SHOWING THAT THEY DID ADDITIONAL INSPECTIONS AFTER. AFTER OCTOBER 31ST. AND THAT THE VIOLATIONS REMAINED IN PLACE UNTIL UNTIL, YOUR HONOR, UNTIL EARLIER THIS YEAR. IF I IF I COULD ADDRESS THAT. OKAY. LOOK, THE THE MOST RECENT IS MY, MY FIRST MY FIRST STATEMENT IS IT WAS NEVER AFTER OCTOBER. IT WAS NEVER ABOUT A TRAILER, WHICH WAS WHAT OUR VIOLATION WAS. THEY HAPPENED TO SHOW UP WHEN WE WERE DOING OUR FINAL CLEANING OF THE HOUSE. MR. BARON, WHERE ARE YOU? MR. BARON, WHERE ARE YOU CALLING FROM? I'M ON SPEAKERPHONE. I CAN I'LL TAKE IT OFF. OKAY. ARE YOU. ARE YOU GETTING FEEDBACK? NO, YOU'RE JUST GARBLED. OKAY. OUT THERE. CAN YOU HEAR ME NOW, SIR? YES. OKAY. MY MY THING IS THE BOAT. THE. TWO WEEKS. THAT WAS THE VIOLATION ON THE HOUSE. I THERE'S NO THERE'S NOT GOING TO BE ANY SUBSEQUENT PICTURES OR THINGS DESCRIBING A BOAT, A BOAT OR A TRAILER ANYTIME AFTER OCTOBER. THEY HAPPEN TO GO PAST THE HOUSE WHEN WE WERE DOING A FINAL CLEANUP. SO THERE WAS A DUMPSTER, WHICH I CAN SHOW THAT WAS THE DUMPSTER WAS PAID FOR FOR A TWO WEEK PERIOD. SO THE DUMPSTER WAS NEVER THERE, BUT THE DUMPSTER WAS NEVER THE VIOLATION ANYWAY. AND THEN THE FINAL CLEANUP WAS A SPECIAL PICKUP AT THE CURB WHERE THEY LEFT. THEY LEFT THE TIRE, WHICH IS UNDERSTANDABLE. I GUESS THEY DON'T PICK THAT UP. AND THEY LEFT THE WOOD. THAT'S THAT WAS CLEAN WITHIN DAYS. SO THE THE ONLY INFRACTION THAT WE WERE GETTING CHARGED FOR WAS A GOAT, A BOAT AND A TRAILER THAT WAS GONE WITHIN TWO WEEKS. THE CITY HAS NO CANNOT HAVE ANY PHOTOS OF ANY OF THAT BEING THERE AFTER OCTOBER BECAUSE IT JUST WASN'T THERE. [00:30:01] MR. BARRON, LET ME ASK YOU A QUESTION. ANOTHER VIOLATION. BUT THERE WAS NEVER A BOAT OR TRAILER AFTER THAT. WHO? WHO'S WHOSE BOAT WAS IT? THE BOAT WAS THE TENANT. OKAY, SO HOW DO YOU KNOW THE TENANT DIDN'T BRING THE BOAT BACK ONTO THE PROPERTY AFTER YOU WERE DOWN HERE? I'M SORRY, SIR, YOU CUT OUT FOR A SECOND. I SAID, HOW DO YOU KNOW THE TENANT DID NOT BRING THE BOAT BACK ONTO THE PROPERTY AFTER YOU LEFT AND AT THE END OF OCTOBER, BEGINNING OF NOVEMBER. BECAUSE THE TENANT IS MY SON. OKAY, WELL, ALL I CAN TELL YOU IS, IS THAT THE CITY'S PROVIDED INFORMATION THAT INSPECTIONS WERE DONE ON MAY 25TH, 2023. APRIL 4TH, 2024. JULY 5TH, 2024. OCTOBER 1ST, 2024. JANUARY 10TH, 2025, JUNE 25TH, 2025 AND TEN TWO, 2025. AND ON THE FIRST ALL BUT THE LAST TWO, THE CITY RECORDS REFLECT THAT THE VIOLATIONS STILL EXISTED. THAT'S ALL I CAN TELL YOU. THE VIOLATIONS THAT HAVE NOTHING TO DO WITH WITH THE INFRACTION. THEY'RE BRINGING UP DEBRIS AND. NO, NO, NO, SIR. THAT'S NOT WHAT THEY'RE SAYING. NOTHING TO DO WITH THE VIOLATION. THAT'S NOT WHAT THEY'RE SAYING. THEY'RE SAYING THAT ALL THREE VIOLATIONS REMAINED ON THE PROPERTY ON EACH OF THOSE INSPECTION DATES UNTIL JUNE OF 2025 AND OCTOBER 2ND, 2025. THEY'RE SAYING ALL THREE VIOLATIONS REMAIN IN PLACE ON THOSE FIRST FIVE INSPECTIONS? WELL, THEY NEVER THEY NEVER BRING UP THEY NEVER BRING UP THE ACTUAL THINGS THAT WERE IN VIOLATION, WHICH WAS A TRAILER, A BOAT AND A BOAT, WHICH I'M SORRY. I MEAN, I CAN EVEN SHOW LIKE THE BOAT I COULD SHOW, LIKE, PAPERWORK THAT IT WENT TO A TO A BOAT SANCTUARY. I MEAN, LIKE, THIS STUFF WASN'T THERE. THEY JUST GO. I CAN'T UNDERSTAND A WORD YOU'RE SAYING, SIR. CAN YOU HEAR ME BETTER NOW? I THINK I CAN HEAR YOU NOW. YEAH. I DON'T KNOW WHAT'S GOING ON WITH YOUR PHONE. I APOLOGIZE, THAT'S WHY I DON'T LIKE THESE. THAT'S WHY I DON'T LIKE THESE HEARINGS. BECAUSE THIS IS WHAT HAPPENS EVERY TIME ON A ON A TELEPHONE CALL. CAN YOU HEAR ME? BETTER NOW, SIR, I CAN NOW. YES. OKAY. MY MY ARGUMENT IS EVERY TIME THEY'VE GONE BACK, THEY'VE DISCUSSED SOMETHING DIFFERENT. OKAY. WE HAD WE HAD DUMPSTERS THERE. WE WERE DOING CLEANUP. WE HAD A FINAL CLEANUP BEFORE WE WERE GOING TO TRY TO SELL THE HOUSE? BUT THERE'S NEVER BEEN. SINCE THE FIRST TWO WEEKS SINCE THE INFECTION. THERE WAS NEVER A TRAILER OR A BOAT OR A GOAT. THE GOAT WENT TO A GOAT SANCTUARY. I COULD PROBABLY PULL UP SOME PAPERWORK ON THE GOAT. WELL, THE PROBLEM IS HERE'S HERE'S WHAT THE PROBLEM IS. AND THIS IS PART OF THE OTHER PROBLEM WITH DOING A PHONE HEARING. I CAN'T I DON'T SEE ANYTHING THAT SAYS WHAT YOU'RE SAYING. AND I'M NOT SAYING THAT YOU DON'T HAVE THE INFORMATION THAT SAYS THAT, BUT I DON'T HAVE THE EVIDENCE TO PROVE THAT. BUT YOU DON'T HAVE THE EVIDENCE TO PROVE OTHERWISE. YES, I DO. I'M LOOKING AT IT RIGHT NOW. BUT DO THEY HAVE A PICTURE OF THE TRAILER AFTER THE FACT AND THE. AND THE BOAT AND THE GOAT? NO, BUT THEY'VE INDICATED AGAIN, I'M RELYING ON THE CITY'S PRACTICES OF HOW THEY DO THINGS AND WHAT THEY TESTIFIED TO. WOULD YOU LET ME FINISH, SIR? AND STOP INTERRUPTING ME. I DON'T INTERRUPT YOU. YOU CAN HAVE THE SAME COURTESY TO ME. I WILL, SORRY. THE CITY TESTIFIED THAT THEIR PRACTICE IS FOR FOLLOW UP INSPECTIONS TO DETERMINE WHETHER OR NOT THE VIOLATIONS THAT ARE CITED IN THE ORDER BY THE CODE ENFORCEMENT MAGISTRATE STILL EXIST. IF ANY OR ALL OF THEM ARE GONE. THEY NOTE THAT THEIR TESTIMONY WAS THAT THE BOAT AND THE GOAT WERE GONE IN JUNE OF 2025, BUT THE TRASH AND DEBRIS WAS NOT RESOLVED UNTIL SEPTEMBER OR OCTOBER OF THIS YEAR. THAT'S WHEN THEY CLEARED THE PROPERTY. THAT'S THEIR STANDARD PRACTICE, AND THEY PROVIDED THEIR BUSINESS RECORDS THAT SHOW WHEN THE INSPECTIONS WERE MADE AND WHEN THEY RELEASED THE FINDING OF VIOLATION AS TO EACH OF THE RESPECTIVE VIOLATIONS. SO THEY'RE NOT TALKING ABOUT THE DUMPSTER, PER SE. THEY'RE TALKING ABOUT THE TRASH AND DEBRIS, AND THEY'RE TALKING ABOUT THE BOAT AND THE BOAT. AND THEY JUST SAID THEY RELEASED THE VIOLATIONS. AS TO THE BOAT AND THE BOAT IN JUNE OF THIS YEAR. SO I DON'T KNOW HOW I DON'T KNOW WHAT TO TELL YOU BECAUSE I DON'T HAVE ANY EVIDENCE TO THE CONTRARY THAT YOU'RE SAYING EXISTED. SO ALL I CAN RELY ON IS THE EVIDENCE THAT I HAVE BEFORE ME RIGHT NOW, AND THAT'S WHAT I HAVE. [00:35:04] OKAY. CAN I CAN I ASK? THEY TOOK. THEY TOOK PICTURES OF OF DEBRIS AND DUMPSTERS AND WHATEVER. IF THEY WERE TAKING PHOTOS OF THE PROPERTY, WHY WOULDN'T THEY TAKE A PHOTO OF OF THE ORIGINAL INFRACTION? WHY WOULDN'T THEY TAKE A PHOTO OF A BOAT OR TRAILER OR A GOAT? I MEAN, THAT WOULD HAVE BEEN THEN, LIKE, IT'S JUST VERY EASY. LIKE, WELL, YOU HAVE A PHOTO. THEY DID THEY I DON'T KNOW WHAT ALL THEY DID, BUT THAT'S NOT IN FRONT OF ME. THAT'S WHAT. THAT'S WHAT THE CODE ENFORCEMENT MAGISTRATE CONSIDERED WHEN. WHEN HE ENTERED HIS ORDER FINDING THE VIOLATIONS. I'M NOT HERE TO REVISIT THAT. I'M HERE TO DETERMINE IF AND HOW MUCH I SHOULD REDUCE THE FINE. THAT'S ALL. I. THAT'S THE ONLY. THAT'S THE ONLY JOB THAT I DO, IS THAT. BUT I HAVE TO BE. BUT I HAVE TO CONSIDER BOTH SIDES ARGUMENTS ABOUT IT AND CONSIDER THE EVIDENCE THAT'S PRESENTED. AND WHAT I'M SUGGESTING TO YOU IS THE CITY'S EVIDENCE IS BASED ON THEIR BUSINESS RECORDS AND THEIR PRACTICE, WHICH THEY'VE TESTIFIED TO, AND THAT I HAVEN'T, THAT I'M GOING TO ADMIT AS EVIDENCE THAT THEIR STANDARD PRACTICE IS WHEN THEY GO OUT AND DO A FOLLOW UP INSPECTION, IF THE VIOLATIONS THAT ARE CITED IN THE ORDER BY THE MAGISTRATE EXIST, THEY DON'T. ALL THEY DO IS THEY CITE IT AS BEING STILL IN VIOLATION. IF THEY GO OUT THERE AND ONE OR MORE OF THE ITEMS ARE OUT ARE CURED, I'LL USE THAT WORD. BUT THERE ARE OTHER VIOLATIONS. THEY WILL CLEAR THE VIOLATIONS THAT HAVE BEEN RESOLVED, BUT STILL FIND IT AND STILL FIND THE PROPERTY IN VIOLATION UNTIL THE ALL OF THE ISSUES ARE RESOLVED, WHICH IS EXACTLY WHAT THEY DID WHEN THEY SAID THAT IN JUNE THIS YEAR, TWO OF THE THREE VIOLATIONS WERE RESOLVED, BUT THE TRASH AND DEBRIS HAD NOT BEEN. THAT'S WHY THEY DID NOT FIND THE PROPERTY IN COMPLIANCE IN JUNE OF THIS YEAR. BUT THE DEBRIS, THE DEBRIS WAS NEVER WAS NEVER THE ORIGINAL VIOLATION, AND IT WAS NEVER A TRAILER OR A BOAT ANYMORE. AND IF THEY'RE THERE TAKING PHOTOS, I WOULD THINK TO BACK UP THEIR CASE. IT WOULD TAKE A PHOTO OF A TRAILER AND A BOAT TO BACK UP THEIR CASE AND SAY, THERE'S A TRAILER AND A BOAT ARE STILL HERE, BUT THEY BRING UP OTHER STUFF THAT HAD NOTHING TO DO WITH THE ORIGINAL VIOLATION. THERE WAS NO TRAILER OR BOAT OR OR GOAT THERE ANYMORE. IT'S JUST IT SEEMS SLOPPY THAT THEY WOULD BRING UP OTHER STUFF AND NOT TAKE A PHOTO OF WHAT REALLY MATTERS. AND THIS IS A THIS IS A HUGE THIS IS A TREMENDOUS FINANCIAL BURDEN THAT THEY'RE TRYING TO PUT ON ME FOR SOMETHING THAT WAS REMOVED WITHIN TWO WEEKS, SIR. WELL, UNFORTUNATELY, IT'S YOUR WORD AGAINST THEIRS. AND THEY HAVE EVIDENCE TO THE CONTRARY OF WHAT YOU'RE SAYING. AND I'M NOT SAYING WHAT YOU'RE SAYING IS NOT ACCURATE, BUT I DON'T HAVE ANY EVIDENCE TO SUPPORT IT OTHER THAN YOUR WORD. YOUR HONOR, YOU ARE GOING ON THEIR WORD AS WELL, BECAUSE I'M ALSO GOING ON THE RECORD. AS I INDICATED EARLIER, I'M GOING ON THE RECORD EVIDENCE THAT THEY'VE PRESENTED TO ME AS WELL. THEY DON'T HAVE PHOTOGRAPHS, BUT THEY HAVE THEIR PROCEDURES. THEY HAVE THE DOCUMENTATION AS TO WHAT THEY DID OUT THERE AND AS TO THE THEY TESTIFIED AS TO THE PROCEDURES THEY'VE USED IN DOING THAT. THERE'S NOWHERE IN THE RECORD WHERE THEY SAY THERE'S A VOTE GOAT OR TRAILER. STILL, THEY BRING UP OTHER STUFF. THEY NEVER THEY NEVER DISCUSS. NO, SIR. THAT'S NOT WHAT THEY DID. AGAIN, YOU'RE NOT LISTENING TO WHAT I SAID. I SAID THAT THE PROCEDURE THAT THEY USE AND THAT THEY TESTIFIED TO IS, IS WHEN THEY GO OUT AND DO AN INSPECTION, A FOLLOW UP INSPECTION, THEY LOOK TO SEE IF THE VIOLATIONS THAT ARE CITED IN THE ORDER CONTINUE TO EXIST. IF ANY ONE OF THEM ARE CURED, BUT NOT ALL OF THEM, THEY CLEAR THE ONES THAT HAVE BEEN CURED. BUT THE PROPERTY STILL REMAINS IN VIOLATION IF THERE'S ANY OTHER VIOLATIONS THAT EXIST. AS I INDICATED EARLIER, AT LEAST ONCE, THEY SAID THAT AS OF JUNE 25TH, THE BOAT AND THE GOAT WERE GONE. SO THEY CLEARED THE PROPERTY FOR THOSE TWO VIOLATIONS, BUT THE TRASH AND DEBRIS WAS NOT CLEARED. THAT WAS CLEARED IN SEPTEMBER OR OCTOBER THIS YEAR. AND AT THAT POINT, THEY FOUND THE PROPERTY IN COMPLIANCE. THAT'S WHAT THEY TESTIFIED TO. THAT'S WHAT I SAID EARLIER IN THIS HEARING. AGAIN, THIS IS AT LEAST THE SECOND TIME I'VE SAID THIS. I DON'T I DON'T KNOW WHAT YOU KEEP SAYING. THEY'RE ALL NEW, DIFFERENT VIOLATIONS. THEY'RE NOT NEW, DIFFERENT VIOLATIONS. IT'S THE SAME VIOLATIONS ALL ALONG. WELL, YOUR HONOR, ALL I CAN TELL YOU IS THERE WAS NO BOAT OR TRAILER AFTER OCTOBER. [00:40:07] THAT'S ALL I CAN SAY. I GUESS I GUESS IT'S JUST MY WORD VERSUS THEIRS. ALL RIGHT. JUST SO YOU KNOW, AS A MINIMUM, I'M GOING TO I AM AGREEING WITH THE CITY ON THE $750 ADMINISTRATION ADMINISTRATIVE FEE. THAT'S THE GENERAL FEE THAT THE CITY IMPOSES FOR HAVING A CASE GO FROM THE BEGINNING THROUGH THE CODE ENFORCEMENT MAGISTRATE TO THE POINT OF THE HAVING THE ORDER ENTERED. SO THAT'S THAT'S A GIVEN. THAT'S IN EVERY THAT IS VIRTUALLY EVERY SINGLE CASE THAT I CONSIDER OR HAVE CONSIDERED IS THAT WHATEVER THEIR ADMINISTRATIVE COSTS TO TAKE IT THROUGH THE CODE BOARD IS, IS IS ALLOWED. I UNDERSTAND SIR. JUST SO YOU ALSO UNDERSTAND, SIR, IF THIS ISSUE EVER COMES UP AGAIN, WHETHER IT'S WITH THIS CITY OR ANY OTHER LOCAL GOVERNMENT, IF YOU IF YOU BELIEVE YOU'VE CURED IT, YOU KIND OF HAVE AN OBLIGATION TO NOTIFY THE CODE ENFORCEMENT THAT IT'S BEEN RESOLVED SO THAT THEY CAN COME OUT AND DO AN INSPECTION. I UNDERSTAND. I'M GOING TO ENTER AN ORDER REDUCING THE FINE TO $3,100 FROM THE CITY'S REQUEST OF 6100 AND CHANGE. NORMALLY, THE ORDER REQUIRES PAYMENT WITHIN 30 DAYS. IS THAT AN ISSUE? IT IS NOT. OKAY. THEN THERE'LL BE AN ORDER ENTERED TO THAT EFFECT. THANK YOU, SIR. I APPRECIATE IT. YES, SIR. OKAY. SO JEANNIE WILL EMAIL YOU A COPY OF MR. BEADLE'S ORDER, PROBABLY IN THE NEXT DAY OR TWO. OKAY. OKAY. OKAY. THANK YOU SO MUCH. THANK YOU. BYE BYE. BYE. YIKES. SINCE CB 2544624 IS STILL NOT PRESENT, WOULD YOU LIKE TO TABLE THAT ONE UNTIL FURTHER ORDER CONTINUING IT. THANK YOU. I'LL SIGN THE MINUTES FROM THE LAST MEETING. [ADOPTION OF MINUTES] AND THE MEETING'S ADJOURNED AT 145. * This transcript was compiled from uncorrected Closed Captioning.