[00:00:03]
I'D LIKE TO CALL TO ORDER THE SPECIAL MAGISTRATE HEARINGS FOR JANUARY 21ST, 2026.
[CALL TO ORDER]
IT'S 1:00 PM. 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, IS THE APPLICANT WILL COME FORWARD TO THE PODIUM, IDENTIFY THEMSELVES, AND PRESENT THE BASIS FOR THE JUSTIFICATION FOR THE PROPOSED REDUCTION IN THE FINE.THE CITY WILL THEN HAVE AN OPPORTUNITY TO RESPOND OR OR PRESENT THEIR POSITION REGARDING THE APPLICATION, AND THEN THE APPLICANT CAN RESPOND TO WHAT THE CITY'S POSITION IS.
[SWEARING IN]
IF YOU'RE GOING TO GIVE TESTIMONY, CAN YOU PLEASE STAND AND RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU.MAY BE SEATED. OUR FIRST CASE TO BE HEARD TODAY IS C.B.
[PETITION FOR RELIEF]
2542824 AT 4700 BABCOCK STREET, NORTHEAST, NUMBER 26.GOOD AFTERNOON. MAGISTRATE MAY APPROACH. SURE.
WE'RE HERE TODAY ON A PETITION FOR. IDENTIFY YOURSELF.
I'M SORRY. COULD YOU IDENTIFY YOURSELF? YES, SIR.
MY NAME IS DEBORAH MITCHELL, AND I'M HERE ON BEHALF OF THE PETITIONER STRAIGHT OUT OF PHILLY.
THEY RUN THE RESTAURANTS STRAIGHT OUT OF PHILLY.
THEY RENT THE PREMISES FROM A THE OWNER WHO RESIDES OUT OF STATE.
AT THAT POINT IN TIME, WHEN THEY WERE WORKING OUT A ASSIGNMENT FOR THEIR LEASE FOR THE PREMISES IN ORDER TO BE ABLE TO HAVE THE NEW OWNER COME IN, IT CAME TO THEIR ATTENTION THROUGH THE OWNER THAT THERE WAS A LIEN FOR A CODE ENFORCEMENT VIOLATION THAT HAD BEEN OUTSTANDING FOR A CONSIDERABLE AMOUNT OF TIME.
MY CLIENTS INSTALLED A SIGN STRAIGHT OUT OF PHILLY ON THE PREMISES.
AND THEY BELIEVED THAT THE ONE STOP SIGN THAT THE COMPANY THAT THEY RETAINED TO INSTALL THE SIGN HAD PULLED ALL THE PROPER PERMITS AND WERE IN COMPLIANCE WITH ALL THE CITY'S CODE, CODES AND ORDINANCES AS IT RELATES TO THE SIGN.
I'VE PROVIDED YOU MAGISTRATE BRADLEY WITH PHOTOGRAPHS OF THE APPLICATION FOR THE PERMIT.
THAT WAS NOT DONE UNTIL, ADMITTEDLY, UNTIL NOVEMBER THIS YEAR, WHEN ALL WHEN OBVIOUSLY MY CLIENT FOUND OUT ABOUT THE ISSUES WITH THIS LIEN AND THAT THE OWNER WAS MAKING THEM RESPONSIBLE FOR IT UNDER THE CONDITIONS OF THE LEASE, SHE IMMEDIATELY REACHED OUT TO ONE STOP SIGN WHO SHE CONTRACTED TO INSTALL THE SIGN.
HE BECAME UNRESPONSIVE AFTER THEY HAD SOME DISPUTE.
HE SAID HE DIDN'T GET THE PERMIT SUBMITTED BECAUSE OF COVID AND HAD SOME OTHER EXCUSES, BUT NONETHELESS THE SIGN WAS ACTUALLY FABRICATED BY ANOTHER COMPANY, AND I HAVE THAT COMPANY REPRESENTATIVE HERE TODAY, AND THEY WERE KIND ENOUGH TO GO AHEAD AND SUBMIT THE PERMIT IN ORDER TO TRY TO GET THE ISSUE. AND THE CODE VIOLATION STOPPED. SO WE COULD APPEAR BEFORE YOU TODAY AND TRY TO GET A REDUCTION.
WHEN THEY WENT TO TRY TO GET THE PERMIT, THEY WERE TOLD THAT THEY COULDN'T THAT THEY WOULDN'T PERMIT THE SIGN BECAUSE THE SIGN FRONTAGE WAS TOO LARGE. AND I'VE PROVIDED YOU WITH A COMPOSITE EXHIBIT, ALSO OF THE NAIL PLACE RIGHT NEXT TO STRAIGHT OUT OF PHILLY IN THE SAME PLAZA, THE DOMINO'S, AND ALSO A DIRECT AUTO LIFE INSURANCE.
THE SPECIFIC STATEMENT OF VIOLATION. AND YOUR HONOR, I UNDERSTAND THAT THIS IS SOMETHING THAT THEY SHOULD HAVE CONTESTED IF THEY WERE AWARE OF IT A LONG TIME AGO. BUT THE BOTTOM LINE IS THEY DIDN'T GET THE NOTICE AND THEY WEREN'T ABLE TO COME IN AND DETERMINE WHY IT WAS IN VIOLATION ONE AND TWO,
[00:05:03]
WHY THE PERMIT HADN'T BEEN PULLED BY THE SIGN COMPANY WHO WAS SUPPOSED TO DO IT WHEN THE SIGN WAS INSTALLED.I THINK IT WAS NOVEMBER OF LAST YEAR, AND WHAT THEY WERE TOLD IS THAT THE SIGN COULDN'T BE PERMITTED BECAUSE IT WAS IN VIOLATION OF 178 .013 SCHEDULE OF SIGNS IN COMMERCIAL ZONING DISTRICTS.
AND I'VE PROVIDED A COPY OF THAT TO THE MAGISTRATE.
AND WHAT YOU'LL SEE IS BASED ON THE SIGN DESIGN, IT'S EITHER A WINDOW OR A WALL.
AND THAT TALKS ABOUT 10% OF THE MAX WALL AREA.
AND THAT'S THAT'S THE SAME AS FAR AS THE SPACE THAT'S ALLOWABLE, WHETHER IT'S A WALL OR A WINDOW.
I DON'T GET INTO WHETHER OR NOT YOUR CURRENT APPLICATION IS IT COMPLIES WITH THE CODE.
THAT HAS NOTHING TO DO WITH WHAT THIS HEARING IS ABOUT.
THE WHOLE ISSUE BEFORE ME IS, IS WHETHER OR NOT TO GRANT WHATEVER REDUCTION OF FINE YOU'RE SEEKING.
I WOULD ALSO POINT OUT THAT I HAVE ONE CONCERN IS, IS THE ENTITY THAT THERE'S A VIOLATION AGAINST IS 2501 LLC, WHICH IS THE OWNER OF THE PROPERTY, AND THE APPLICANT IS STRAIGHT OUT OF PHILLY.
AND I DON'T HAVE ANYTHING BEFORE ME TO INDICATE WHAT THE RELATIONSHIP IS BETWEEN STRAIGHT OUT OF PHILLY AND TWO 501 LLC, OR WHAT AUTHORITY STRAIGHT OUT OF PHILLY HAS TO COME BEFORE ME TO REQUEST ANYTHING REGARDING TO, YOU KNOW, PROPERTY THAT STRAIGHT OUT OF PHILLY DOESN'T OWN.
UNDERSTOOD. AND THE SIGNATURE OF THE PROPERTY OWNER IS THE PROPERTY OWNER'S SIGNATURE.
THEY ALLOWED ME TO COME HERE ON BEHALF OF THEIR TENANTS STRAIGHT OUT OF PHILLY.
TODAY, IN ORDER TO SEEK THE FINE REDUCTION. SO WHERE IS THAT? THAT'S THE SECOND PAGE OF THE PETITION. THE SIGNATURE OF THE PROPERTY OWNER.
THAT IS THE PROPERTY OWNER. SIGNATURE. WHAT'S WHAT'S THAT PERSON'S NAME? I CAN'T READ IT. THE PROPERTY OWNER IS 2501. NO, NO, NO.
WHO SIGNED ON BEHALF OF THE PROPERTY OWNER? I SEE A SIGNATURE, BUT I CAN'T READ IT.
I UNDERSTAND, LET ME SEE IF IT'S IN THE EMAIL I HAD WITH THEIR COUNCIL.
I'VE BEEN COMMUNICATING WITH ANDREW H. WILLIS ASSOCIATES WITH WILLIAM WILLIS AND ASSOCIATES.
WILLIS AND WILLIS RATHER LLP IN MARIETTA, GEORGIA.
THEIR COUNSEL FOR THE PROPERTY OWNER. NO, I'M JUST TRYING TO UNDERSTAND WHO SIGNED FOR IT.
I CAN'T READ THE SIGNATURE FOR THE. I'M ASSUMING IT'S THE ONE OF THE MANAGERS OR MEMBERS OF THE LLC.
YES, YOUR HONOR, THAT'S MY UNDERSTANDING. BUT I'M JUST TRYING TO UNDERSTAND WHO SIGNED IT.
BUT I DEFINITELY CAN'T MAKE ANYTHING OUT FOR THE LAST NAME.
I SENT AN EMAIL REQUESTING THE FULL NAME OF THE OWNER REPRESENTATIVE WHO SIGNED THE PETITION.
OKAY, YOU CAN GO AHEAD AND PROCEED THEN. YES.
AT THIS TIME, I WOULD LIKE TO CALL UP MY CLIENT, BONNIE GILLESPIE.
AND THAT'S SPELLED G R I L L I S A K S. SPELL THAT AGAIN.
G R I L L WHAT A K I S LIKE A GRILL YOU COOK ON, THEN ACRES.
THAT'S AN EASY WAY. YEP, I GOT IT. MA'AM, COULD YOU PLEASE TELL US WHEN YOU LEARNED ABOUT THE CODE VIOLATION? BASICALLY, WE KNEW NOTHING FOR THREE AND A HALF YEARS.
I FOUND OUT ABOUT THIS OCTOBER. AND WAS THAT WHEN YOU WERE IN THE PROCESS OF SELLING YOUR BUSINESS? YES. AND ONCE YOU FOUND OUT, DID YOU TAKE IMMEDIATE ACTION TO DETERMINE WHY A PERMIT WASN'T PULLED? ABSOLUTELY. AND DID YOU ALSO SEEK TO HAVE IT PROPERLY PERMITTED? YES. I CALLED THE GENTLEMAN THAT MADE OUR SIGN FOR US AND CALLED HIM.
[00:10:03]
THAT'S THE REASON WHY. AND I SAID TO HIM, OKAY, SO WHY DIDN'T YOU DO THIS A COUPLE OF WEEKS LATER? A MONTH LATER, WHY THREE AND A HALF YEARS LATER? I'M FINDING OUT ABOUT THIS FROM THE OWNER OF THE PROPERTY.HAS THE IS THE OWNER HOLDING YOU RESPONSIBLE UNDER THE LEASE FOR THE FINES THAT ARE CURRENTLY AGAINST THE PROPERTY BECAUSE OF THE SIGN? YES. AND HAS THAT AFFECTED YOUR ABILITY TO SELL THE PROPERTY? ABSOLUTELY. DID. YES. OKAY. IS THERE ANYTHING ELSE THAT YOU THINK IS PERTINENT AS FAR AS THE EQUITABLE RELIEF YOU'RE SEEKING IN THE REDUCTION OF THE OUTSTANDING FINES AS IT RELATES TO THE SIGN THAT YOU HAD INSTALLED.
WELL, WHEN WE HIRED THIS PROFESSIONAL SIGN COMPANY, I DON'T KNOW ANYTHING ABOUT SIGNS AND PERMITS OR ANYTHING LIKE THAT. I PUT ALL MY INTERESTS AND EVERYTHING INTO THEM THAT THEY KNEW THE RIGHT THING TO DO.
SO HE WAS A NICE GENTLEMAN AT THE TIME. ONE STOP SIGNS AND LIGHTING IN PALM BAY.
THEY HAVE TWO LOCATIONS, PALM BAY AND MELBOURNE, AND WE DISCUSSED THE SIGN AND PAID THEM FOR THE SIGN, PAID THEM FOR PERMIT, AND THAT'S ALL I KNEW. FOR THREE AND A HALF YEARS EVERYTHING WAS GOOD.
AND THEN ALL OF A SUDDEN, THREE MONTHS AGO. I'M GETTING THIS.
ALL RIGHT. THANK YOU. THANK YOU. I'D LIKE TO CALL ROB WORLD JUST BRIEFLY.
AND THAT'S W O R R E L L. SIR, IF YOU COULD PLEASE INTRODUCE YOURSELF AND EXPLAIN TO THE MAGISTRATE JUDGE WHAT YOUR ROLE HAS BEEN IN THIS SITUATION.
MY NAME IS ROB ROSE. I REPRESENT KENDALL SIGNS, AND WE ARE ACTUALLY THE SIGN MANUFACTURER THAT WAS CONTRACTED WITH ONE STOP SIGNS FOR THE MANUFACTURING OF THE SIGN. AND DID YOU BELIEVE ONE STOP WAS RESPONSIBLE FOR THE PERMITTING? THAT IS CORRECT. AND ONCE YOU LEARNED THAT THERE WAS OUTSTANDING VIOLATIONS WHEN MRS CONTACTED YOU, DID YOU TRY TO ASSIST HER IN GETTING THE SIGN PERMITTED? YES, THAT IS CORRECT. AND DID YOU BELIEVE JUST LOOKING AT THE SIGN, IS IT CONSISTENT WITH OTHER SIGNS WITHIN THE SAME PLAZA? I'M NOT GOING TO CONSIDER THAT AGAIN. THAT'S NOT BEFORE ME.
OKAY. AND DID, MRS. GILLESPIE, AS FAR AS YOU KNOW, TRY TO TAKE CORRECTIVE ACTION AS SOON AS SHE LEARNED ABOUT THE VIOLATION? YES. OKAY. THANK YOU. YOUR HONOR, AS YOU CAN SEE, THERE'S BEEN A SERIES OF BREAKDOWNS, NONE OF WHICH IS STRAIGHT OUT OF PHILLY'S FAULT.
THEY DIDN'T RECEIVE TIMELY NOTICE THAT THERE WAS A VIOLATION.
AND I'M NOT SAYING THAT'S THE CITY'S FAULT BY ANY MEANS.
SHE IS A SMALL BUSINESS OWNER WHO HAS THIS WONDERFUL OPPORTUNITY TO TO SELL HER BUSINESS THAT'S POSSIBLY FALLING APART BECAUSE THE CLOSING WAS SUPPOSED TO HAPPEN BY THE END OF 2025. SHE'S IN A HORRIBLE SITUATION WHERE THE PROPERTY OWNER IS UNWILLING TO DO THE ASSIGNMENT ON THE LEASE BECAUSE OF THE OUTSTANDING FINES AND LEAN AGAINST THE PROPERTY, WHICH UNDER THE LEASE AGREEMENT, SHE WOULD BE RESPONSIBLE FOR.
HAD SHE KNOWN THAT THIS CONDITION EXISTED, SHE CERTAINLY WOULD HAVE CORRECTED IT.
SO THERE'S A NUMBER OF THINGS THAT HAVE HAPPENED OUTSIDE OF HER CONTROL. BUT AT THE END OF THE DAY, SHE'S THE ONE THAT'S GOING TO BE LIABLE FOR THESE FINES THAT HAVE BEEN OUTSTANDING AGAINST THE BUSINESS.
SO WHAT WE'RE ASKING THE COURT TO DO IS EITHER DISMISS THE FINES IN THEIR ENTIRETY, OR AT LEAST REDUCE IT TO A NOMINAL AMOUNT SO THAT SHE CAN PAY, PAY THE FINE AND MOVE FORWARD WITH THE SALE OF THE BUSINESS.
SHE DOESN'T HAVE A GREAT ABILITY TO PAY. CERTAINLY NOT.
AND I THINK I PROVIDED IT IN THE PACKET THAT I GAVE TO YOU.
THE OUTSTANDING FINES RIGHT NOW ARE ALMOST $19,000, BECAUSE THIS CONDITION EXISTED FOR SO LONG WITHOUT HER HAVING NOTICE AND AN OPPORTUNITY TO CORRECT IT. SO WE THOUGHT, YOU KNOW, SHE'S HERE TODAY.
SHE'S BEFORE THE MERCY OF THE MAGISTRATE JUST SEEKING A REDUCTION SO SHE CAN MOVE FORWARD, PAY THE FINE SO THAT THE OWNER DOES THE ASSIGNMENT AND THAT SHE CAN MOVE FORWARD WITH THE SALE OF HER BUSINESS.
OKAY. THANK YOU. LET ME ASK YOU ONE QUESTION.
YOU SAID YOU WANT IT REDUCED TO A NOMINAL AMOUNT.
[00:15:01]
WHAT IS IT YOU CONSIDER TO BE A NOMINAL AMOUNT? WE'D ASK FOR $1,000. OKAY. THANK YOU. THANK YOU.AND THE CITY'S POSITION? VALERIE STURGIS, CODE COMPLIANCE DIVISION MANAGER.
THE CITY HAS NO OBJECTION IN A REDUCTION OF THIS LIEN.
THE TOTAL LIEN AMOUNT IS $19,144.17. WE ARE SEEKING 14%, WHICH COMES OUT TO $2,680.18, WITH THE ADDITIONAL $750 ADMINISTRATIVE FEES.
THE TOTAL IS $3,430.18. THANK YOU.
MISS MITCHELL, WHAT'S THE YOUR YOUR CLIENT'S POSITION ON THIS? YES. YOUR HONOR WE'D ASK THAT IT BE REDUCED AT LEAST TO 10% OF THE OUTSTANDING AMOUNT.
IT'S JUST THE ABILITY TO PAY HERE. HER BUSINESS HAS BEEN SHUT DOWN FOR THREE MONTHS BECAUSE OF THIS SITUATION, BECAUSE IT WAS CLOSING WITH THE INTENT THAT THE NEW OWNER WAS GOING TO TAKE OVER AN OPERATING BUSINESS.
IT'S JUST THE ABILITY TO PAY UNDER THE CIRCUMSTANCES AND THE FACT THAT THE BUSINESS HAS BEEN CLOSED, SHE'S HAD TO INVEST TIME IN ATTORNEYS. SHE'S HAD TO DO SO MUCH RESEARCH JUST TO FIGURE OUT HOW THIS SITUATION EVEN HAPPENED.
SO WE WOULD ASK FOR A FURTHER REDUCTION THAN WHAT THE CITY IS REQUESTING.
WE THANK THEM FOR NOT OBJECTING AND FOR BEING WILLING BEING WILLING TO DO IT, BUT SHE HAS TO BE ABLE TO PAY THIS FINE IN EITHER TO TO MOVE FORWARD WITH THE SALE OF HER BUSINESS. AND IF IT'S, YOU KNOW, ALMOST $3,500, SHE JUST IT WOULD BE VERY DIFFICULT FOR HER.
OKAY. IF MY MATH IS CORRECT, I'M GOING TO REDUCE IT TO THE AMOUNT THAT THE APPLICANT HAS REQUESTED, WHICH WOULD BE AGAIN SHOULD BE THE 10% SHOULD BE $1,914.41.
WHICH I BELIEVE MAKES IT COME OUT TO 26, 64, 47.
I'LL CONFIRM THAT OR 641 EXCUSE ME, BUT I'LL CONFIRM THAT.
BUT THAT'S WHAT I'M GOING TO REDUCE IT TO. IS THE 750 PLUS THE 10%? NOW, NORMALLY THE ORDER REQUIRES THE PAYMENT TO BE DONE IN TEN DAYS.
IS THAT SUFFICIENT TIME? I'M SORRY, I APOLOGIZE. CAN I GET THE TOTAL AMOUNT AGAIN? IF MY MATH IS CORRECT, IT'S 26, 64, 41. THAT IS CORRECT.
I JUST VERIFIED ONE MORE TIME. $22,664.41. JUST ONE SECOND, YOUR HONOR.
MR. BEETLE, YOU SAID TEN DAYS. BUT DO YOU WANT TO DO.
YOU SAID TEN DAYS. NO, I DIDN'T SAY ANY DAYS.
I SAID I'M TRYING TO FIND OUT FROM HER. WHAT? WHETHER 30 DAYS IS SUFFICIENT TIME. I THINK YOU SAID TEN DAYS.
BUT I JUST WANTED TO MAKE SURE. NO 30 DAYS. SORRY.
WE HAVE 30 DAYS JUST TO ENSURE. I'M SORRY, I MISSPOKE.
I NORMALLY PUT 30 DAYS IN THERE, SO. SO 30 DAYS IS OKAY? YES, SIR. OKAY. AND JUST SO YOU KNOW THE ORDER ALSO PROVIDES THAT IF IT'S NOT PAID WITHIN 30 DAYS, THAT THE CURRENT FINE GETS REINSTATED. UNDERSTOOD.
THAT'S WHY I WANTED TO ENSURE WE HAD SUFFICIENT.
I'M SORRY, I MISSPOKE. THEN IT'S 30 DAYS. THANK YOU.
THERE'LL BE AN ORDER ENTERED ACCORDINGLY AND PROVIDED TO THE CITY.
OUR NEXT CASE TO BE HEARD IS CB 2507424 AT 586 WHALEY AVENUE, SOUTHWEST.
GOOD AFTERNOON. MY NAME IS IRMA RAMIREZ. RAY.
[00:20:01]
I REMARRIED, SO I MY NAME WAS IRMA ALONSO. WHAT WAS YOUR LAST NAME AGAIN? IRMA RAMIREZ. RAY, HOW DO YOU SPELL YOUR LAST NAME? R A M I R E RAMIREZ. I'M SORRY, I DIDN'T HEAR THE END OF IT.SORRY. OKAY. THANK YOU FOR ALLOWING ME TO SPEAK TODAY.
I'M HERE REQUESTING MY FINE BE MYLENE BE REDUCED TO ADMINISTRATIVE COSTS OR BE DISMISSED.
I HAD NO IDEA I HAD A LIEN ON MY HOUSE UNTIL I WAS GOING TO REFINANCE.
THE REFINANCE COMPANY WERE THE ONES WHO INFORMED ME THAT I HAD A LIEN.
THE LEAN WAS BECAUSE MY HOUSE NEEDED TO BE POWER WASHED OR PAINTED.
I PAINTED IT IN JULY WHEN I, WHEN I I PAINTED IT.
I DID A LOT OF REPAIRS TO THE HOME, AND I PUT ABOUT $30,000 INTO THE HOUSE THIS SUMMER.
MY CHILDREN LIVE IN THE HOUSE, AND THEY NEVER SAW A LETTER COMING TO ME FROM THE CITY.
AND THEY SAID THE CITY TOLD ME THAT THEY POSTED A NOTICE ON THE DOOR.
MY CHILDREN SAID THEY NEVER SAW A POST. NO POST, A NOTICE POSTED ON THE DOOR.
SO I WAS UNAWARE OF THIS UNTIL RECENTLY.
JUST SO YOU KNOW, NORMALLY THEY DON'T POST IT ON THE DOOR. THEY POST IT ON THE PROPERTY.
I'M JUST LETTING YOU KNOW THAT. YES, SIR. WHAT'S THE CITY'S POSITION? VALERIE STURGIS, CODE COMPLIANCE DIVISION MANAGER. THE CITY HAS NO OBJECTION TO A REDUCTION OF THE LIEN.
ALSO, TO INCLUDE THE $750 ADMIN FEE, THE TOTAL AMOUNT OF THE LIEN IS $18,273.79.
WE ARE REQUESTING 14%. THIS COMES OUT TO $2,558.33, PLUS, THE $750 ADMIN COMES TO A TOTAL OF $3,308.33.
OKAY, MISS RAMIREZ. WHAT'S YOUR RESPONSE TO THE CITY? I'M ASKING FOR IT TO BE REDUCED MORE. I DON'T HAVE THE MONEY.
I PUT ALL MY MONEY INTO REPAIRING THE HOUSE, AND THAT'S WHY I WAS TRYING TO REFINANCE. BECAUSE I HAVE TO PAY BACK MY 401 K AND I HAVE TO PAY MY FAMILY THAT LEND ME MONEY TO FIX THE HOUSE.
OKAY. WHAT I'M INCLINED TO DO. LET ME JUST PREFACE WHAT I'M GOING TO SAY.
GENERALLY SPEAKING, UNLESS THERE'S SOME OVERARCHING REASON WHY I WHY NOT, I GENERALLY WILL ALWAYS
[00:25:05]
INCLUDE IN THE ORDER THE REIMBURSEMENT TO THE CITY OF THEIR ADMINISTRATIVE COSTS FOR TAKING THE CODE ENFORCEMENT ACTION ALL THE WAY THROUGH THE BOARD AND ANY SUBSEQUENT INSPECTIONS. SO I'M NOT GOING TO REDUCE IT BELOW THE $750.HOWEVER, IN LIGHT OF WHAT THE VIOLATION WAS AND THE FACT THAT YOU'VE EXPENDED IN EXCESS OF $30,000, I HAVE A CONCERN ABOUT IMPOSING MUCH OF A PERCENTAGE ADDITION TO IT EITHER OR REDUCING THE FINE AMOUNT TO $1,300. CAN YOU PAY THAT WITHIN 30 DAYS? CAN I HAVE 60 DAYS? YES. AND AS I INDICATED IN THE PRIOR HEARING, IF YOU IF YOU DON'T PAY IT WITHIN THAT PERIOD OF TIME, THE FINE GETS REINSTATED. SO IF YOU HAVE AN ISSUE WITH THAT, YOU NEED TO COME BACK BEFORE YOU NEED TO ASK THE THE CITY TO HAVE YOU PUT BACK ON AN AGENDA BEFORE THE 60 DAYS IS UP. YES, SIR. OKAY.
YES. SO THE TOTAL WILL BE THE WHAT IS THE TOTAL AMOUNT TO $1,300.
THANK YOU. SIR. THANK YOU SO MUCH. YES, SIR. YES, MA'AM.
YOU TOO. OUR NEXT CASE TO BE HEARD IS CB 2429323 AT 773 BRYANT ROAD, SOUTHWEST. THE PETITIONER IS NOT PRESENT, BUT WE'RE GOING TO TRY TO DO A PHONE CONFERENCE.
HE WAS A. YES. HE'S GOT A LOT OF NO SHOWS.
SO THE TAXES HAVE BEEN PAID. OKAY. HOLD ON. I'M GOING TO PUT YOU ON SPEAKERPHONE.
OKAY. GOOD. SO HE SHOULD HAVE TO PAY DOUBLE. COMING BACK AGAIN.
CAN YOU HEAR US? YES. I'M ON THE LINE. CAN YOU HEAR US? OKAY. YES. YEAH, I CAN HEAR YOU JUST FINE. OKAY, SO I NEED TO SWEAR YOU IN.
THANK YOU. SIR, CAN YOU PLEASE STATE YOUR NAME? MY NAME IS ANAS MALAWI. OKAY. MY NAME IS JAMES BEADLE.
THE GENERAL PROCEDURE IS THAT YOU, AS THE APPLICANT, WILL PRESENT YOUR CASE, AND THEN THE CITY WILL HAVE AN OPPORTUNITY TO RESPOND TO YOUR PRESENTATION, AND THEN YOU CAN RESPOND TO THE CITY'S PRESENTATION.
DO YOU UNDERSTAND? YES, SIR. OKAY. YOU MAY PROCEED THEN.
SO I PURCHASED THE HOME AS A INVESTMENT PROPERTY BACK I THINK BACK IN AUGUST LAST YEAR.
I HAD SOMEONE COME OUT AND INSPECT THE PROPERTY.
AND I THINK AT THAT POINT THERE WAS WE WERE NO LONGER UNDER.
WE WERE NO LONGER VIOLATING THE THE COMPLIANCE.
SO WE RESOLVED IT IMMEDIATELY AND IT JUST TOOK US TIME TO TO GET EVERYTHING FINALIZED.
BUT WE RESOLVED EVERYTHING YOU KNOW, AS BEST AS WE CAN.
THE HOUSE LOOKS BEAUTIFUL NOW. IT'S SOLD TO, YOU KNOW, A NICE FAMILY.
IT HAS A FENCE. EVERYTHING IS GOOD. YOU KNOW, IT'S DEFINITELY MADE THE NEIGHBORHOOD A LOT BETTER.
[00:30:02]
BUT MY MY REQUEST IS IF MOST OF THESE CHARGES WERE PRIOR TO ME EVEN BUYING THE PROPERTY AND ALL OF THE ISSUES WERE BEFOREHAND.SO I WAS JUST TAKING THIS ON FROM THE PREVIOUS OWNER.
AND THEN WE DID OUR BEST TO RESOLVE IT, BUT THE FINES JUST KEPT GOING UP AND UP AND UP EVERY DAY.
WE FINALLY GOT, YOU KNOW, THE PERMITS CLOSED.
BUT I'M I'M REQUESTING TO SEE IF IF THERE'S ANYTHING WE CAN DO, BECAUSE I JUST RECENTLY SOLD THE HOUSE IN BETWEEN ALL OF THE FEES AND AGENT COSTS AND THE TAXES. I ENDED UP ACTUALLY LOSING MONEY ON THE PROPERTY.
SO IF THERE'S ANYTHING YOU GUYS CAN HELP OUT WITH, THAT WOULD BE GREATLY APPRECIATED.
DO YOU HAVE ANYTHING FURTHER? NO. THAT'S ALL FOR NOW.
THE CITY IS SEEKING 14% OF THE TOTAL AMOUNT OF THE LIEN.
THE LIEN AMOUNT IS $11,152.77. 14% OF THE LIEN COMES OUT TO $1,561.39. ADDING THE $750 ADMIN FEE, THE TOTAL IS $2,311.39. DID YOU HEAR THE CITY'S TESTIMONY, SIR? YES. SO ARE YOU SAYING THAT I'M ONLY. I ONLY HAVE TO PAY THE 14%, WHICH IS AROUND 2000.
WELL, NO, THE CITY'S POSITION IS IS THEY WANT TO RECOVER THEIR ADMINISTRATIVE FEES, WHICH IS $750 PLUS 14% OF THE LIEN AMOUNT, WHICH IS $1,561.39. AND THEN THAT TOTAL IS 23 1139.
AND THAT'S JUST WHAT THE CITY WILL COVER. THE REST I WOULD BE RESPONSIBLE FOR.
NO, NO, NO, THEY'RE SAYING NO. THE CITY'S AGREEING TO REDUCE THE LIEN TO THE $2,311.39.
THAT'S THEIR POSITION. SO I'M JUST ASKING YOU WHAT YOUR RESPONSE IS TO THE CITY'S POSITION.
I WAS YEAH, I WAS GOING TO ASK IF IF THERE'S ANY WAY I CAN JUST PAY THE ADMIN FEES AND AND JUST HAVE THE, THE LIEN REMOVED AS FAR AS THE THE OTHER 1500.
I'M NOT DISPOSED TO DO THAT. I'M ASSUMING THAT.
WELL, LET ME GO BACK ONE STEP. SO YOU PURCHASED THE PROPERTY? LAST. LAST YEAR? YEAH. SO IT'S JUST IT'S JUST BEEN A REALLY BIG MESS ONCE WE GOT THE PROPERTY, THE POOL. AND I UNDERSTAND THAT YOU ALREADY TESTIFIED.
I'M JUST TRYING TO. I HAVE SPECIFIC QUESTIONS, AND I JUST WANT TO KNOW SPECIFIC ANSWERS TO THEM.
SO ACCORDING TO THE INFORMATION THAT WE WERE PROVIDED, YOU PURCHASED THE PROPERTY BY WARRANTY DEED, IS THAT CORRECT? YOU GOT A WARRANTY DEED WHEN YOU BOUGHT THE PROPERTY? YES. OKAY. AND DID YOU HAVE A TITLE COMPANY? DID YOU GET AN OWNER'S TITLE? I'M SORRY. YEAH. WE DID. DID YOU. DID YOU OBTAIN AN OWNER'S TITLE INSURANCE POLICY WHEN YOU BOUGHT THE PROPERTY? YES I DID. OKAY. AND WAS THIS LEAN DISCLOSED IN THE TITLE SEARCH? YES, IT WAS DISCLOSED. BUT AT THE BEGINNING, THE INTENTION WAS FOR THE PREVIOUS OWNER TO GO IN AND AND GET THE LIEN TAKEN CARE OF. I UNDERSTAND THAT, BUT THAT'S THAT'S NOT THE WHY I'M ASKING THE QUESTION.
OKAY. LET'S SEE. HOW MUCH MONEY DID YOU PAY TO REHAB THE PROPERTY? I COST ABOUT 100. AND, YOU KNOW, 115,000. REHAB.
I'M GOING TO ENTER ORDER REDUCING THE FINE TO $1,300.
NORMALLY WE WOULD PROVIDE THAT IT HAS TO BE PAID WITHIN 30 DAYS.
DO YOU HAVE AN ISSUE DOING THAT? NO, SIR. I CAN HAVE THAT PAID RIGHT AWAY.
OKAY. ALL RIGHT. THERE'LL BE AN ORDER ENTERED TO
[00:35:09]
THAT EFFECT, AND THE CITY WOULD WILL PROVIDE THAT TO YOU.THANK YOU SO MUCH, SIR. YES, SIR. HAVE A GOOD DAY.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.