[CALL TO ORDER]
[00:00:02]
I'D LIKE TO CALL TO ORDER THE SPECIAL MAGISTRATE MEETING OF APRIL 15TH, 2026.
[SWEARING IN]
THE GENERAL PROCEDURE WILL BE, AS YOUR CASE IS CALLED, FOR THE APPLICANT TO COME UP AND PRESENT THEIR CASE AT THE MICROPHONE.IF THEY CAN, PLEASE IDENTIFY THEMSELVES AND THEIR ADDRESS AND PROVIDE THE BASIS THAT YOU ARE ASSERTING AS AS A PREDICATE FOR REDUCING THE FINE. AFTER THE APPLICANTS COMPLETED THEIR PRESENTATION, THE CITY WILL PRESENT THEIR SIDE OF THE CASE.
AND THEN AT THAT POINT, THE APPLICANT WILL BE ALLOWED TO RESPOND TO THE CITY'S TESTIMONY.
THAT'S JUST THE GENERAL PROCEDURE. AND ANYONE WHO IS GOING TO BE TESTIFYING NEEDS TO BE SWORN IN.
SO I'LL TURN IT OVER TO THE CLERK TO DO THAT.
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 TODAY IS CV 2635225.
[PETITION FOR RELIEF]
AND THIS IS AT 1624 BAKER STREET, NORTHEAST. HI.HELLO. I'M LINDA BEDNAR, 1624 BAKER STREET, NORTHEAST, PALM BAY 32907.
AND I HAD AN INFRACTION REGARDING MY FENCE. OKAY.
AND ACTUALLY, I GOT TWO LETTERS. THE FIRST LETTER, I HAVE A FENCE THAT GOES ALL THE WAY AROUND MY HOUSE, CONNECTED ON BOTH SIDES WITH THE ONE GATE.
AND MY DOG WAS JUMPING OVER THE FENCE. IT'S A SIX FOOT FENCE, AND HE WAS JUMPING OVER IT.
AND SO WHEN I GOT THE LETTER, I ASSUMED IT WAS BECAUSE I HAD RAISED MY FENCE.
AND SO I TOOK IT. I TOOK IT ALL DOWN. I TOOK ALL THE, THE OTHER FOOT DOWN.
AND THEN I'M SORRY. OH, OKAY. AND THEN I GOT A SECOND LETTER AND IT MENTIONED THE FENCE AGAIN, AND I COULDN'T FIGURE OUT WHAT WAS WRONG WITH MY FENCE OTHER THAN THERE WAS SOME PICKETS LOOSE AND MY GATE WASN'T SHUTTING CORRECTLY. AND SO WE FIXED ALL OF THAT AND THEN I BELIEVE.
MAYBE IT WAS OKAY. THE SECOND LETTER I CALLED, I CALLED THE CODE ENFORCEMENT OFFICER AND I, I SAID, I DON'T UNDERSTAND WHY, WHAT'S WRONG WITH THE FENCE? AND SHE SAID, IT'S, IT'S NOT YOUR FENCE. IT'S THE, I HAVE A SMALL CAMPER AND I PUT UP A PVC TYPE FENCE IN FRONT OF IT JUST SO THAT THE NEIGHBORS WOULDN'T HAVE TO LOOK AT IT, AND SHE SAID, IT'S THAT FENCE AND I, I DIDN'T UNDERSTAND. AND SHE SAID IT HAD TO BE CONNECTED ON ALL SIDES.
AND SO WE, SHE SAID THERE WAS A MEETING ON THE 14TH OF JANUARY, I BELIEVE, AND WE GOT IT. WE THOUGHT WE GOT IT FIXED. ON THE 14TH OF JANUARY.
BUT SHE DIDN'T SHE DIDN'T LIKE THAT THE WAY WE FIXED IT.
SO I SPOKE TO HER AGAIN AND I WENT OUT AND BOUGHT THE REST OF THE PVC FENCE THAT MATCHED THE FRONT. AND I BELIEVE SHE WAS OKAY WITH THAT.
AND SO, BUT MEANWHILE, DURING THAT PERIOD OF TIME, MY SON HAD HEART FAILURE AND AFIB AND HE ALMOST DIED. AND I WAS KIND OF PREOCCUPIED WITH MY SON IN THE HOSPITAL, WHICH I HAVE PAPERWORK FOR TO SHOW YOU IF YOU NEED TO SEE IT.
OTHER THAN THAT, I BELIEVE WITH THE FIRST LETTER THERE, THEY SAID THERE WAS DEBRIS IN FRONT OF THE HOUSE, WHICH MY KIDS LEAVE THEIR TOOLS AND STUFF WHEN THEY GET HOME FROM WORK, WHICH WE CLEANED UP ALL OF THAT.
[00:05:02]
AND THAT WAS WHAT THE FINE WAS FOR THE SECOND FINE WAS, I GUESS TO REINFORCE THE FIRST FINE.AND THAT'S HOW IT ESCALATED. OKAY, JUST TO LET YOU KNOW, THERE'S ONLY ONE ORDER OF FINDING FINES. THERE WERE FOUR VIOLATIONS IN THE ORDER.
DOES MY SON HAD HIS CAR ON JACKS. HE WAS WORKING ON HIS CAR AND THAT'S WHEN HE GOT SICK.
I'M JUST LETTING YOU KNOW WHAT'S IN HERE. THERE'S ONLY THERE'S ONLY ONE NOTICE OF VIOLATION, AND I'M JUST LETTING YOU KNOW WHAT THAT WAS. OH.
THE THIRD WAS. NO VEHICLE AT ANY TIME SHALL BE IN A STATE OF MAJOR DISASSEMBLY, REPAIR OR BEING STRIPPED OR DISMANTLED UNLESS BEING PERFORMED IN A GARAGE OR SIMILARLY ENCLOSED AREA OR PAINTING VEHICLES UNLESS INSIDE APPROVED BOOTHS.
AND THE FOURTH ONE WAS MAINTAINING AND STORING REFUSE.
SO THOSE THOSE WERE THE FINDINGS BY THE BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE WHEN THEY ENTERED THE ORDER OR WHEN HE ENTERED THE ORDER BACK IN NOVEMBER OF LAST YEAR. DID YOU ATTEND THAT HEARING? NO.
DO YOU HAVE ANYTHING ELSE AT THIS TIME? OTHER THAN REFUSE WE WERE PLANNING ON MOVING AND WE HAD PUT A LOT OF STUFF TO THE CURB.
THAT MAY BE MY NEIGHBORS DIDN'T LIKE, I DON'T KNOW.
THEY'LL LEAVE THAT IN FRONT OF THE HOUSE SOMETIMES.
AND I HAVE TO YELL AT THEM TO MOVE IT. WHEN WAS THE LAST TIME THAT YOU RECALL ANYBODY WORKING ON THE VEHICLE? WELL, THE VEHICLE MY SON WAS WORKING ON AND HE GOT SICK.
HE HAD HEART FAILURE. AND SO THE CAR WAS JUST KIND OF LEFT AS IT WAS WHILE HE WAS IN THE HOSPITAL.
AND I GOT SOMEBODY ELSE TO COME AND FIX IT. OKAY.
BUT MY QUESTION WAS, IS DO YOU RECALL WHEN IT WAS MOVED? WHEN IT WAS MOVED? NO, I DON'T RECALL, SIR. OKAY.
AND WHAT'S THE CITY'S POSITION? FOR THE RECORD, DENNIS, CODE COMPLIANCE MANAGER.
AFTER REVIEWING THIS CASE, THE APPLICATION SEVERITY OF THE VIOLATION AND THE LENGTH OF TIME IT TOOK TO CORRECT THE VIOLATIONS, THE CITY RECOMMENDS A FINE OF $4,552.03 BE REDUCED TO ADMINISTRATIVE COSTS OF $750.
AND THEN JUST TO CLARIFY, THE VEHICLE THAT WAS ON JACK'S, THAT WAS ONE VIOLATION.
THE TRAILER WITH ALL THE WOOD DEBRIS AND TOOLS THAT WERE IN FRONT OF THE HOUSE, THAT'S THE REFUGE.
AND IT WAS THE FENCE AND THEN THE RV THAT HAD ITS STUFF OUT AND APPEARED TO BE BEING USED.
THAT WAS THE RV BEING USED FOR HOUSEKEEPING PURPOSES THAT WAS FOUND IN VIOLATION.
IT WAS CORRECTED VERY QUICKLY. SO THE CITY IS LOOKING JUST TO RECOUP ITS ADMINISTRATIVE COSTS OF.
750 OKAY. AND DO YOU HAVE AN OBJECTION TO THAT? NO. OKAY. DO YOU HAVE. NORMALLY THE ORDER PROVIDES THAT IT BE PAID WITHIN 30 DAYS.
IS THAT A PROBLEM FOR YOU? CAN I PUT IT ON A CREDIT CARD? I DON'T KNOW ANYTHING ABOUT HOW THINGS GET PAID.
I'M JUST. THE QUESTION IS, CAN YOU PAY IT IN 30 DAYS? IF I CAN PUT IT ON A CREDIT CARD. I DON'T KNOW WHAT THE CITY'S PROCESS IS AT ALL ABOUT THAT.
THEY MAY THEY MAY HAVE A SERVICE CHARGE. YES.
YES, THERE IS A SERVICE CHARGE. WE CAN DO A CREDIT CARD.
BUT IF WE WANTED TO PAY A DIFFERENT WAY. OH, OKAY.
OKAY, COOL. SO YOU'RE FINE WITH 30 DAYS. OKAY, SO I'LL ENTER AN ORDER, REDUCING THE FINE TO $750 TO BE PAID IN 30 DAYS. JUST SO YOU KNOW, IF IT'S NOT PAID WITHIN 30 DAYS, THE ORIGINAL FIND IS REINSTATED.
OKAY. ALL RIGHTY. THAT'S IT. THANK YOU. YES, MA'AM.
[00:10:08]
OUR NEXT CASE TO BE HEARD IS CEB2221121 AT 1760 NANSEN STREET, NORTHWEST.AFTERNOON. GOOD AFTERNOON. FIRST APOLOGIES. I DIDN'T BRING MY HEARING AIDS.
MY WIFE WILL LET ME KNOW ABOUT IT LATER. SO MY NAME IS MICHAEL CARNES.
THIS IS A PETITION. THIS PROPERTY WAS OWNED BY OUR SON, GERALD CARNES.
SO THIS AMONGST OTHER THINGS OUR SON DID NOT HAVE MUCH OF AN ESTATE LEFT OTHER THAN HIS HOUSE, A CAR WHICH WE SOLD YESTERDAY, WHICH BROUGHT US NOT MUCH.
MY WIFE AND I HAVE BEEN LEFT IN A POSITION OF HAVING TO TAKE CARE OF A LOT OF FINANCIAL OBLIGATIONS OUT OF THIS, INCLUDING THE LEGAL FEES FOR THE PROBATE, HIS BURIAL.
WE WILL BE TAKING CARE OF MORTGAGE PAYMENTS CERTAINLY.
AND A LARGE CREDIT CARD PAYMENT GOING FORWARD, AS WELL AS UTILITIES AND OTHER THINGS.
WE WILL HAVE THE HOUSE TO DIVEST AND WE'RE HOPING TO HAVE SOME PROCEEDS TO RETURN FROM THAT.
BUT HONESTLY, WE'LL PROBABLY HAVE TO PAY FOR A ROOF.
THERE IS A VERY HIGH PROBABILITY BECAUSE WE KNOW AT ONE TIME THAT HE HAD SOME DEBT WITH THE IRS.
WE CAN'T FIND OUT FROM THE IRS WHAT THAT IS. I DON'T KNOW IF THAT'S A SURPRISE TO ANYONE, BUT WE ARE ALSO HAVING TO RETAIN A CPA TO HOPEFULLY FIND THAT OUT ONCE WE GET A TAX NUMBER. OUR GOAL IS TO HOPEFULLY RETURN SOME OF THE MONEY THAT WE ARE SPENDING.
AND LIKE I SAID, IT'S A SIGNIFICANT AMOUNT ALREADY.
AND THEN OUR END GOAL, WE HOPE IS TO RETAIN ENOUGH OUT OF THE HOUSE TO START A, SOME SORT OF AN INVESTMENT FOR OUR GRANDCHILDREN'S COLLEGE EDUCATION. SO THE REDUCTION WE'RE HOPING IS OBVIOUSLY TO OFFSET THE COST OUT OF MY WIFE AND MY POCKET AFTER THE DEATH OF OUR SON. BECAUSE AGAIN, WE ARE CHUNKING UP A PRETTY GOOD FINANCIAL OBLIGATION OUT OF THIS.
SO WHATEVER THE JUDGMENT OF THE MAGISTRATE WILL OBVIOUSLY HAVE AN IMPACT ON WHAT THAT LOOKS LIKE.
SO THAT'S WHERE WE'RE AT. OKAY. ANYTHING FURTHER? I THINK THAT'S IT. OKAY. THANK YOU. AND WHAT'S THE CITY'S POSITION AGAIN, FOR THE RECORD? DENIS BOND, CODE COMPLIANCE MANAGER. AFTER REVIEWING THE CASE, THE APPLICATION SEVERITY OF THE VIOLATION, LENGTH OF TIME TO CORRECT THE VIOLATION, THE CITY RECOMMENDS THAT THE FINE OF $28,685.28 BE REDUCED TO THE AMOUNT OF $3,400, WITH AN ADMINISTRATIVE COST OF $750, FOR A TOTAL OF $4,150, WHICH IS APPROXIMATELY A 12% REDUCTION. I'M SORRY, CAN YOU SAY THOSE NUMBERS AGAIN? IT'S 3400. IS THE REDUCTION AMOUNT. 750 IS THE ADMINISTRATIVE COSTS, THE TOTAL WOULD BE 4150. OKAY. AND THAT'S APPROXIMATELY 12% OF THE ORIGINAL LIEN.
I PRESENTED WHAT I CAN, SO I. OKAY. DO YOU HAVE AN OBJECTION TO THAT AMOUNT? WELL, I OBVIOUSLY I WOULD LIKE TO SEE IT BE LESS, BUT BECAUSE AGAIN, IT IS COMING OUT OF OUR POCKET ON TOP OF EVERYTHING ELSE.
BUT I THINK THAT'S OBVIOUSLY THE DECISION OF THE MAGISTRATE.
WE WILL HONOR. DO YOU HAVE ANY IDEA WHAT THE MORTGAGE.
THE BALANCE OF THE MORTGAGE IS? WE. THE. YES.
THE MORTGAGE. I BELIEVE THERE ARE TWO MORTGAGES ON THE HOUSE.
EACH ONE IS IN THE NEIGHBORHOOD OF, I BELIEVE, AROUND 65,000.
SO ROUGH AND TOUGH. ABOUT 130,000 ON THE HOUSE.
IT'S OVER 20 YEARS OLD AND WE DON'T. AGAIN, I DON'T HAVE ANY IDEA WHAT THE IRS.
WE DON'T KNOW. SO THAT THAT'S ALL I CAN TELL YOU.
[00:15:27]
I DID HAVE ONE QUESTION OF THE CITY. THERE'S A AN INSPECTION SHEET THAT'S ATTACHED TO THE PACKAGE.AND ACCORDING TO THIS. OR AT LEAST IT SEEMS TO BE STATING THAT.
IT SAYS THAT THE THAT THE PROPERTY CAME INTO COMPLIANCE ON MARCH 23RD, 2022.
IS THAT CORRECT? YES, THAT'S WHAT I'M SHOWING ON.
OKAY, SO THERE'S A TYPO THEN IN THE. IN THE TIME OF THE VIOLATION.
SO THE VIOLATION SHOULD HAVE BEEN THROUGH MARCH 23RD 2022 AND NOT NOVEMBER 22ND 2022.
IT APPEARS THAT WAY. THE INSPECTION DATE THAT I HAVE IS SEPTEMBER 2ND.
AND THEN ON. YEAH. OKAY. ALL RIGHT.
MARCH 23RD. THAT'S EIGHT MONTHS OF FINES.
THAT'S EIGHT MONTHS OF FINES. AND THAT DIDN'T REALLY ACCRUE.
I'M GOING TO REDUCE THE AMOUNT TO 2750. AGAIN, AS I INDICATED TO THE PRIOR APPLICANT.
IT'S TO BE PAID WITHIN 30 DAYS. OKAY. WE CAN PAY IT.
OKAY THEN THAT'LL BE IN THE ORDER. AND THE CITY WILL PROVIDE YOU WITH A COPY OF THE ORDER.
CALL. OUR NEXT CASE IS CB 2034020 AT 764 NIAGARA STREET, NORTHWEST.
THE PETITIONER IS NOT PRESENT. MISS BERNADETTE, DID GIVE HIM A CALL.
LET'S TRY IT AGAIN. SHE'S TRYING AGAIN. VOICE MESSAGE.
VOICEMAIL AGAIN. ALL RIGHT. SINCE THE CITY'S ALREADY ATTEMPTED TO CONTACT THE NEXT APPLICANT TWICE.
ONCE AT THE BEGINNING OF THE MEETING, AND ONCE NOW.
I'LL GO AHEAD AND ENTER AN ORDER CONTINUING THIS HEARING UNTIL THE NEXT MEETING.
[ADOPTION OF MINUTES]
I SIGNED THE MINUTES FROM THE LAST MEETING AND THERE BEING NO FURTHER BUSINESS, THE MEETING IS ADJOURNED AT 120.* This transcript was compiled from uncorrected Closed Captioning.