May 13, 2026 Code Enforcement Special Magistrate

[CALL TO ORDER]

[00:00:04]

WE'LL CALL THE MAY 13TH, 2026, CODE ENFORCEMENT SPECIAL MAGISTRATE MEETING TO ORDER.

[SWEARING IN]

IF YOU WOULD PLEASE STAND AND RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES, MA'AM. THANK YOU. MAY BE SEATED. ALL

[ADOPTION OF MINUTES]

MR. MAGISTRATE, BEFORE WE BEGIN, I WOULD LIKE TO SUBMIT THE AGENDA PACKET PHOTOS AND A DIGITAL FILE INTO THE RECORD.

ACCEPTED. OUR FIRST CASE TODAY IS CB26089-26 AT 2501,

[CODE COMPLIANCE HEARINGS: SET FINE (Part 1 of 3)]

GOOD AFTERNOON FOR THE FOR THE RECORD, FOR THE OFFICER, FOR THE CITY OF LONG BEACH.

OKAY. START OVER. GOOD AFTERNOON. FOR THE RECORD, PHIL CLENDON AND CO COMPLIANCE OFFICER FOR THE CITY OF PALM BAY.

PRESENTING CASE NUMBER CV 2600756. I AM SUBMITTING PHOTOS THAT ACCURATELY DEPICT THE PROPERTY DURING MY INSPECTIONS AT 2501 SOUTH OVER DRIVE ON THREE FOUR, THE PROPERTY WAS INSPECTED BY OFFICER SNEED AND FOUND TO BE IN VIOLATION OF PALM BAY CODE OF ORDINANCES, SECTION 93.04. ACCUMULATION OF TRASH AND DEBRIS AND OR UNSIGHTLY MATTER ON AN UNAPPROVED PROPERTY THAT CONSTITUTES A PUBLIC NUISANCE AND A THREAT TO PUBLIC WELFARE. THE PROPERTY WAS INSPECTED BY OFFICER SNEED ON THREE FOUR 324.

AND MY CELL PHONE 430. DURING MY LAST INSPECTION ON 512, I FOUND THE PROPERTY IN VIOLATION.

I HAVE NOT BEEN IN CONTACT WITH THE PROPERTY OWNER, BUT I WAS, I HAVE MADE CONTACT WITH THE PROPERTY OWNER'S DAUGHTER THAT IS HERE TODAY.

IN THIS CASE, WE HAVE BEEN WORKING ON THIS CASE FOR 69 DAYS AS OF NOW.

OKAY. AND RESPOND TO THIS IF YOU'D LIKE TO COME UP TO THE PODIUM AND SPEAK.

OKAY. HI, MY NAME IS TINA JACKSON LANE AND I'M THE DAUGHTER OF MRS. ANNIE JACKSON. AND I DID SIGN THE LETTER THAT I SAW.

MY MOM AT THIS TIME IS TOTALLY INCAPACITATED WITH DEMENTIA AND ALZHEIMER'S.

SO I AM HER DURABLE POWER OF ATTORNEY. SO WHEN I GOT THE LETTER, I DID GO OUT THERE AND I DID HIRE SOMEBODY TO WORK ON THE PROPERTY.

I WOULD SAY IT'S ABOUT 90% CLEAN. HE WENT TO JAIL.

I PAID HIM TO GET OUT, BUT I NEVER HE NEVER CAME BACK.

SO THE PROPERTY HASN'T BEEN FINISHED? I WAS OUT THERE YESTERDAY AND A DAY BEFORE.

AND SOME OF THE NEIGHBORS DOWN THE STREET KNOW US BECAUSE IT'S BEEN IN THE FAMILY FOR ABOUT 70 YEARS AND THEY STILL LIVE DOWN THE STREET.

AND THEY ASKED ME, WHAT WAS I DOING IN THERE? I'M LIKE, I'M TRYING TO CLEAN UP. AND THEY WAS LIKE, GET OUT OF THERE. YOU NEED TO BE IN THERE BY YOURSELF. SO I CAME OUT WE CAN HAVE THE PROPERTY CLEANED UP.

I HAVE NIECES AND NEPHEWS THAT WILL BE IN TOWN THIS WEEKEND TO VISIT MY MOTHER, AND I'M ASKING FOR AN EXTENSION THAT WE COULD GO IN THERE AND FINISH CLEANING IT UP.

I KNOW IT ONLY TAKE US PROBABLY TWO HOURS TO GET IT DONE, BUT THAT'S WHERE WE ARE.

WE DO APOLOGIZE. LOOKS LIKE IT'S BECOME A DUMPING GROUND AND TRULY UNAWARE OF IT, AND WASN'T QUITE SURE WHERE THE PROPERTY LINES WAS BECAUSE THE PROPERTY HAS BEEN THERE FOR SO MANY YEARS AND MY FATHER PASSED MANY YEARS AGO.

SO WHATEVER NEEDS TO BE DONE, WE WILL GET IT DONE.

OKAY. YEAH, IT SOUNDS LIKE YOU'VE BEEN, YOU KNOW, BEEN YOU'VE BEEN TRYING AND JUST FELL ON SOME BAD LUCK.

YES. SO I DON'T HAVE ANY PROBLEM WITH GIVING YOU, YOU KNOW, AN EXTENSION.

I KNOW YOU SAID TWO HOURS, BUT I MEAN, I THINK WE CAN DO BETTER THAN THAT, RIGHT? I JUST HOW MUCH HOW IS THIS THE ONLY PICTURE? HOW MUCH STUFF ARE WE TALKING ABOUT HERE? BECAUSE I DON'T WANT TO KNOW.

IT'S I DON'T WANT TO SHORTCHANGE YOU ON THE EXTENSION AND THEN HAVE YOU, YOU KNOW, GO THROUGH THIS.

I WOULD LIKE MORE THAN TWO HOURS, OF COURSE, BUT IT'S IT'S LITTLE THINGS.

AND WHEN I WENT IN THERE YESTERDAY, I SAW THREE I FIRST I SAW TWO BEDS, BUT THERE'S THREE MATTRESSES THAT NEED TO BE PULLED OUT.

AND I COULDN'T GET THEM OUT BY MYSELF YESTERDAY.

AND SOME TRASH THAT NEEDS TO BE PICKED UP. SO I MEAN, IT'S TWO WEEKS, A MONTH OR WHATEVER.

WE'LL GET IT DONE. I PLAN ON GETTING IT DONE WITHIN A WEEK, HAVING IT DONE.

OKAY. SO DO YOU HAVE ANY IS THERE ANY, LIKE, CHANCE THAT THERE'S PEOPLE LIVING OUT THERE? IT WAS I'VE ALREADY HAD A TRESPASSING ORDER FROM THE POLICE, AND THAT'S WHAT GOT THEM OUT THERE.

[00:05:04]

AND A COUPLE OF TIMES I WAS CALLED WHEN THEY WERE THERE AND THEY MOVED THE PERSONS OFF THE PROPERTY AT THAT TIME.

SO I DO HAVE A TRESPASS WARRANT ALREADY DONE IN PLACE.

OKAY. YES. LET'S DO A 30 DAY EXTENSION THIS WAY.

YOU KNOW, THERE'S THIS WAY, THERE'S NO NO ISSUE AND YOU'LL BE ABLE TO GET EVERYTHING DONE IN TIME.

SO WE'LL SET THE NEW DATE OF COMPLIANCE AS JUNE 12TH, 2026.

AND IS THAT THE ONLY IS THERE ONLY THE ONE VIOLATION.

THAT'S THE ONLY VIOLATION, CORRECT. YEAH. SO THE DATE OF NEW DATA COMPLIANCE IS JUNE 12TH, 2026.

AND THEN WILL BE $50 A DAY AFTER EVERY DAY AFTER THAT.

THE PROPERTY IS NOT IN COMPLIANCE. ALL RIGHT. THANK YOU. YOU'RE WELCOME. ALL RIGHT.

OUR NEXT CASE TO BE HEARD WAS CEB2680226, AND THIS IS AT 600 BRISBANE STREET, NORTHEAST.

[CODE COMPLIANCE HEARINGS: PER DAY FINE (Part 1 of 2)]

GOOD AFTERNOON. FOR THE RECORD, PHIL CLENDON AND CO COMPLIANCE OFFICER WITH THE CITY OF PALM BAY PRESENTING CASE NUMBER CV26-00582.

I AM SUBMITTING PHOTOS ACCURATELY DEPICT THE PROPERTY DURING MY INSPECTIONS AT 600 BRISBANE STREET.

ON 219, THE PROPERTY WAS INSPECTED AND FOUND TO BE IN VIOLATION OF PALM BAY CODE OF ORDINANCES, SECTION 73.2. GOSH, I CAN'T READ MY HANDWRITING.

TWO ONE SUBSECTION B NO JUNK OR INOPERABLE MOTOR OR OTHER OTHER VEHICLES ALLOWED.

INSPECTED THE PROPERTY BACK ON 219 AND OBSERVED A RED VAN WITH FLAT TIRES.

ON THE CITY RIGHT OF WAY. REINSPECTED ON 311.

POSTED ON 326 AND REINSPECTED ON 429. DURING MY LAST INSPECTION ON 512, I FOUND A PROPERTY REMAINS IN VIOLATION.

I HAVE CONTACTED OR HAD CONTACT WITH THE PROPERTY OWNER, WHICH WAS YESTERDAY WHEN I WAS OUT THERE DOING MY PHOTOS.

AND I HAVE BEEN WORKING ON THIS CASE FOR 83 DAYS.

I SPOKE TO THE OWNER OF THE VEHICLE YESTERDAY.

THERE ARE ELDERLY COUPLE COUPLE HE'S, HE JUST HAD A STROKE A FEW MONTHS AGO, SO HE'S JUST NOW STARTING TO GET AROUND.

HE WASN'T ABLE TO BE HERE TODAY. HE IS ASKING FOR 30 DAYS.

HE SAID HE HAS ALREADY ORDERED TIRES FOR THE CAR.

THE CAR'S UNREGISTERED. HE SAID HE'S GOING TO TRY TO FIND THE PAPERWORK SO HE CAN THE TITLE SO HE CAN GO GET IT REGISTERED.

SO I TOLD HIM I WOULD ASK FOR 30 DAYS. SO I DON'T MIND THE 30 DAYS.

BUT, YOU KNOW, SO THAT'S WHERE WE'RE AT. OKAY.

IF THE CITY HAS NO OBJECTIONS TO 30 DAYS, THEN THAT'S FINE WITH ME.

OKAY. SO YEAH, WE'LL SET THE NEW DATE OF COMPLIANCE FOR JUNE 12TH, 2026, AND THEN IT'LL BE $50 A DAY EVERY DAY AFTER THAT.

THE PROPERTY IS ON JUNE 12TH. JUNE 12TH. OKAY.

THANKS, THANKS. OUR NEXT CASE TO BE HEARD IS CB26799-26. THIS IS AT 940 PACE DRIVE, NORTHWEST.

THE CODE OFFICER IS CHRIS ROBINSON.

GOOD AFTERNOON FOR THE RECORD. CHRIS ROBINSON, CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY, PRESENTING CASE NUMBER CV2600723. I AM SUBMITTING PHOTOS THAT ACCURATELY DEPICT THE PROPERTY DURING MY INSPECTIONS.

AT 940 PACE DRIVE, NORTHWEST PALM BAY ON 3326.

I INSPECTED THE PROPERTY AND FOUND SECTION 74.25 B COMMERCIAL VEHICLE PARKED AT A RESIDENTIAL ZONE.

DURING A ROUTINE PATROL. I SAW THIS SEMI PARKED ON RESIDENTIAL PROPERTY.

FOLLOW UP VISITS FOUND THAT THE SEMI HAD BEEN REMOVED.

HOWEVER, THIS IS THE FOURTH CONFIRMED VIOLATION SINCE JANUARY 29TH, 2026 AND WE ARE ASKING THAT THIS CASE BE FOUND IN VIOLATION OF THE OBSERVED VIOLATION ON THE DATE OF 3326 AND ANY FUTURE VIOLATIONS BE ADDRESSED AS A REPEAT VIOLATOR.

ALL RIGHT. IS THE PROPERTY OWNER HERE TO. I DON'T BELIEVE SO.

I'VE NEVER SPOKEN TO HIM. OH, OKAY. ALL RIGHT.

SO IS THE TRUCK ON THE PROPERTY? DO WE KNOW IF IT'S ON THE PROPERTY TODAY? I WENT OUT YESTERDAY AND IT WAS NOT ON THE PROPERTY.

OKAY. IT HASN'T BEEN OUT ON THE PROPERTY THE LAST TWO VISITS.

BUT I'VE LOOKED UP THE HISTORY AND IT SEEMS AFTER THE MAGISTRATE DATE THAT THEY'VE SENT THE NOTICE OF HEARING AFTER THAT DATE,

[00:10:04]

OKAY, SO IT COMES BACK. SO I JUST WANT TO MAKE SURE THAT IF IT COMES BACK, WE CAN ADDRESS IT IMMEDIATELY.

OKAY. YEAH. WE'LL FIND HIM IN VIOLATION FOR SURE.

JUST NOT QUITE SURE ON THE LENGTH OF TIME FOR THIS BECAUSE THIS IS A DAILY FINE WE'RE ASKING FOR.

CORRECT. OR IS THIS A FLAT FEE? IT WOULD BE A DAILY FINE.

YES, BUT I WOULD JUST. I JUST WANT TO KNOW. FINE.

TODAY, JUST FIND THEM IN VIOLATION, AND THEN WE JUST MOVE FORWARD.

AND THEN IF IT HAPPENS AGAIN, I WOULD IMMEDIATELY BRING IT BEFORE YOU AS A REPEAT OFFENDER.

OKAY, THEN. THEN WE CAN GO AHEAD AND DO THAT.

WE'LL FIND THEM IN VIOLATION. MR. MAGISTRATE DENNIS BLUNT, FOR THE RECORD.

YEAH. IF YOU JUST FIND THEM AS TWO HAVE BEEN IN VIOLATION.

AND WE GET A FINDING OF FACT ORDER. THAT WOULD MEAN THE NEXT TIME THAT THEY RE-OFFEND, THEY WOULD BE CONSIDERED A REPEAT.

BUT THERE'D BE NO FINE GIVEN TODAY BECAUSE THE PROPERTY'S IN COMPLIANCE TODAY, BUT HAS BEEN IN VIOLATION.

OKAY, THAT SOUNDS GOOD. THEN WE WILL FIND THEM IN VIOLATION.

OUR NEXT CASE TO BE HEARD IS CB2681826. AT 495 BAHIA COURT, NORTHWEST.

[CODE COMPLIANCE HEARINGS: SET FINE (Part 2 of 3)]

CHRIS ROBINSON, CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY. PRESENTING CASE CV26-00791.

I AM SUBMITTING PHOTOS THAT ACCURATELY DEPICT THE PROPERTY DURING MY INSPECTION AT 495 BAHIA COURT OF VACANT LAND.

ON 3526, THE PROPERTY WAS INSPECTED AND INSPECTED AND FOUND TO BE IN VIOLATION OF PALM BAY CODE OF ORDINANCE SECTIONS 93.031 A MAINTAINING A BLINDING CONDITION 173.001 MAINTAINING A PROHIBITED USE OF LAND.

93.04 ACCUMULATION OF TRASH, DEBRIS OR UNSIGHTLY MATTER MATTER ON 3526 A ROUTINE PATROL FOUND THE PROPERTY FULL OF TRASH DEBRIS DRUNK ALL OVER THE VACANT PROPERTY. THIS PROPERTY HAS BEEN FOUND IN VIOLATION PREVIOUSLY.

CASE NUMBER CV2400986 AND THE CITY CLEANED THAT PROPERTY ON 12825, PER YOUR INSTRUCTIONS.

I HAVE YOUR PREVIOUS ORDERS RIGHT HERE IF YOU WANT TO GO OVER THEM OR ANYTHING, BUT WE HAD GONE OUT AND CLEANED THE PROPERTY.

THAT THAT'S A CURRENT DEPICTION OF WHAT IT LOOKS LIKE NOW.

IF I DON'T KNOW IF SHE CAN PULL UP THE PREVIOUS CASES, IT WAS EVERYTHING WAS GONE PREVIOUSLY.

THERE'S A BALANCE OF $16,217 DUE ON THE PROPERTY.

SO WE'RE ASKING THAT BECAUSE THIS IS A REPEAT OFFENDER THAT YOU GIVE THE AUTHORITY, I'M SURE THERE'S A DUE PROCESS, TIME FRAME, BUT GIVE THE AUTHORITY TO THE CITY TO GO OUT AND CLEAN IT AGAIN.

ALL RIGHT. YEAH, THAT LOOKS LIKE LOOKS LIKE QUITE A MESS.

ALL RIGHT, SO WHAT DO YOU WHAT WILL THE CITY NEED TO DO? DO YOU HAVE AN IDEA IN ORDER TO CLEAN IT UP? WE'LL HAVE TO.

WE'LL HAVE TO FIND A CONTRACTOR AND THE CONTRACTOR GO OUT.

WE'LL CONTACT THE POLICE DEPARTMENT TO GO OUT WITH US, JUST LIKE WE DID BEFORE. AND THEY'LL GO OUT WITH A CLAW AND TAKE EVERYTHING OFF THE PROPERTY. OKAY. LIKE I SAID, I, I'M SURE YOU'RE GOING TO HAVE TO GIVE THEM SOME SORT OF TIME FRAME TO COME INTO COMPLIANCE.

WELL, I MEAN, YOU, I MEAN, IT'S A REPEAT OFFENDER.

YOU GAVE THEM, YOU GAVE THEM THE NOTICE, RIGHT? YES, SIR. AND I THINK THAT'S THEY HAD THE NOTICE OF THE VIOLATION.

THEY HAD NOTICE OF THE HEARING A CHANCE TO SHOW UP TODAY. UNLESS THE CITY ATTORNEY THINKS THERE'S MORE TIME SHOULD BE OFFERED.

I THINK THAT WE'VE GOT THE DUE PROCESS PORTION COVERED.

SO SPECIAL MAGISTRATE, I DON'T HAVE THE EXACT NOTICE OF VIOLATION IN FRONT OF ME.

MY PREFERENCE WOULD BE THAT IF THE NOTICE OF VIOLATION DIDN'T SPECIFICALLY NOTICE THE CASE AS A REPEAT OFFENDER, THAT WE GIVE THEM A SHORT TIME FRAME TO COME INTO COMPLIANCE TO PROTECT THE RECORD.

BUT, BUT I WOULD EMPHASIZE SHORT IF STAFF IS OKAY WITH THAT IF IN FACT THE NOTICE OF VIOLATION LISTED THE LISTED IT AS A REPEAT OFFENDER, THEN I THINK THERE WOULD BE ABSOLUTELY NO LEGAL ISSUE WITH YOU ORDERING IMMEDIATE COMPLIANCE AND.

OKAY. WELL DO WE HAVE THE, THE NOTICE OF VIOLATION? OKAY. IT WAS NOTICED AS A REGULAR VIOLATION AS A REGULAR VIOLATION.

IT WASN'T REPEATED. ALL RIGHT. WE WOULD RECOMMEND TEN DAYS JUST TO MEET THE DUE PROCESS STANDARDS AND MOVE FORWARD FROM THERE.

ALL RIGHT. THAT SOUNDS GOOD. CAN YOU REMIND ME AGAIN HOW MANY VIOLATIONS WE'RE TALKING ABOUT HERE.

SECTION 93.031 A, SECTION ONE, 73.001 AND SECTION 93.04.

OKAY, SO WE GOT THREE VIOLATIONS. ARE THEY ALL PER DAY FINES OR ARE THERE IS ONE OF THEM A SET? FINE. I BELIEVE WE WOULD DO THIS AS A SET FINE.

PLUS COST OF CLEANING IT UP. OKAY. ALL RIGHT.

[00:15:07]

THEN WE'LL SET SO DATA COMPLIANCE. MAY 23RD, 2026 SET FINE OF $200.

THE CITY IS ALSO AUTHORIZED TO TAKE ALL REASONABLE MEASURES TO BRING THE PROPERTY INTO COMPLIANCE AND CHARGE THE COSTS OF DOING SO, ALONG WITH THE FINE TO THE PROPERTY OWNER. THANK YOU SIR.

WE DO HAVE A COUPLE OF PROPERTIES THAT HAVE COME INTO VOLUNTARY COMPLIANCE.

[Additional Item]

26803-26 AT 692 HERNANDEZ AVENUE AND.

E26817-26 AT 1212 SCHILLER STREET, SOUTHWEST.

[CODE COMPLIANCE HEARINGS: PER DAY FINE (Part 2 of 2)]

THEY ARE. CB 26798-26 AT 1709 NEWTON STREET NORTHWEST.

CB 2680026 AT 968 FAN LANE, NORTHEAST.

2680426 AT 311 SANFILIPPO DRIVE, SOUTHEAST. 2680526 AT 1611 NORMAN STREET NORTHEAST. 2680626 AT 223 SAN MARINO ROAD SOUTHWEST.

2681926 AT 101 BUBBLING LANE NORTHWEST. 2682026 AT 825 CRICKET DRIVE NORTHEAST AND 2682126 AT 685 GLENEAGLES DRIVE SOUTHEAST.

WOULD YOU LIKE TO PAUSE TO REVIEW THOSE EVIDENCE PACKETS? YEAH, IF WE COULD JUST TAKE FIVE, TEN MINUTES.

OKAY.

ARE THOSE SHOES ALL OVER THE THE FRONT YARD AND 6800.

[00:21:30]

OKAY, I'M READY TO PROCEED ON THIS ONE. THESE CASES WILL NOW BE HEARD WITHOUT FURTHER TESTIMONY IN.

THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE EVIDENCE FILE PRESENTED. THE CITY REPRESENTS THE. ALL RESPONDENTS HAVE BEEN SERVED OR NOTICED. ACCORDING TO CHAPTER ONE, 62 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. THE CITY IS SUBMITTING 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 SET A DAILY FINE TO BE IMPOSED IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE.

I FIND THAT ALL THE RESPONDENTS RECEIVED PROPER NOTICE TO TODAY'S HEARING PURSUANT TO CHAPTER 162 OF THE FLORIDA STATE STATUTES.

I ALSO FIND THAT ALL 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 MAY 28TH, 2026, 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 DAY THAT THE VIOLATION CONTINUES PAST THE DATE OF COMPLIANCE. AN OWNER OR REPRESENTATIVE OF THE FOLLOWING CASES ON THE SET FINE AGENDA HAVE FAILED TO

[CODE COMPLIANCE HEARINGS: SET FINE (Part 3 of 3)]

11 INTRADA STREET SOUTHEAST. 26811-2687. 82 DUNCAN ROAD, SOUTHEAST.

2681226 AT 1372 GIMLET STREET NORTHWEST.

26813-26 AT 1365 GILROY STREET NORTHWEST. 2681426 AT FIVE.

66 FIREBIRD STREET SOUTHWEST. TWO SIX. 81526 AT 24.

82 HARBISON AVENUE SOUTHWEST AND 2681626 AT 1171 GAWAIN ROAD, SOUTHWEST.

BEFORE I DO, WE JUST HAVE ONE PERSON IN THE AUDIENCE, SIR.

DO YOU HAVE A. ARE YOU HERE TO SPEAK ON A ON A CASE.

HE'S ON FOR THE AUTHORIZATION TO IMPOSE FINES.

OKAY. WHY DON'T CAN WE JUMP TO THAT ONE BEFORE WE DON'T TAKE UP ANY MORE OF HIS TIME SINCE WE JUST HAVE THE ONE.

HE IS HERE FOR 266952683131. TROPICAL CIRCLES SOUTHEAST AND 266942683155. TROPICAL CIRCLE SOUTHEAST. THE CODE OFFICER FOR BOTH OF THEM IS ANGELA JONES.

[00:25:13]

SECTION 174.0071 FAILURE TO OBTAIN A FENCE PERMIT ON 1726.

WE SENT A COURTESY NOTICE NO RESPONSE. ON 12826 WE ISSUED A STATEMENT OF VIOLATION, NO RESPONSE.

AND ON 32726 POST MAGISTRATE NO RESPONSE. DURING MY LAST INSPECTION ON 51226, I FOUND THE PROPERTY REMAINS IN VIOLATION.

I HAVE NOT HAD CONTACT WITH THE PROPERTY OWNER, BUT FOR THE RECORD, I DID BRIEFLY SPEAK WITH THE ATTORNEY FOR THE OWNER AND I BELIEVE THE.

AND I'VE BEEN WORKING ON THE CASE FOR 133 DAYS, AND I BELIEVE THERE'S SOMEONE HERE TO SPEAK ON BEHALF.

OKAY, SIR, IF YOU WOULD PLEASE COME UP. GOOD AFTERNOON.

I'M GERALDO BARBER. I'M WITH FIRST KEY HOMES.

I'M A SERVICE MANAGER FOR THE FOR THE MARKET.

ON BEHALF OF FIRST KEY HOMES THE HOME, WE PROBABLY DIDN'T RECEIVE THE NOTICE BECAUSE THE HOMES WERE VACANT.

THEY WERE BRAND NEW, NEW BUILT HOMES. AND PROBABLY AT THE TIME I'VE NOTICED THE HOMES WERE VACANT.

SO WE RELEASED THOSE HOMES. WE DID REQUEST, I BELIEVE FOR A 90 DAY EXTENSION WHILE WE TRY TO SOLVE THE ISSUE.

WE DO BELIEVE THAT DURING CONSTRUCTION, THE PERMITS WERE UNDER THE UMBRELLA OF THE BUILDING.

SO WHILE, SO BECAUSE THE FENCE WAS INSTALLED DURING THE CONSTRUCTION PHASE, SO IT SHOULD HAVE BEEN UNDER THE CONSTRUCTION PERMIT, IF THAT MAKES SENSE. OKAY, SO A GENERAL BUILDING PERMIT DOES NOT COVER A FENCE THAT WOULD COVER THE ACTUAL VERTICAL CONSTRUCTION OF THE HOUSE.

THE FENCE PERMIT IS A SEPARATE PERMIT. SO WHEN YOU PULL A PERMIT TO CONSTRUCT A HOUSE, IT DOESN'T AUTOMATICALLY ALLOW YOU TO PUT UP A FENCE.

THAT'S A COMPLETELY SEPARATE PERMIT. SO THE FENCE WAS INSTALLED WITH WITH NO PERMIT.

OKAY. AND IS THAT IS, IS THAT THE THE FENCE AND THE NEW IS THAT A NEW CONSTRUCTION HOUSE THAT THAT I'M LOOKING AT HERE? YES. OKAY. AND I WOULD JUST LIKE TO ADD ALSO THAT ALL NOTICES ARE SENT TO WHAT'S ON THE PROPERTY APPRAISER'S RECORDS AS REQUIRED.

SO REGARDLESS OF THE HOME BEING VACANT OR UNDER CONSTRUCTION, IT WOULD BE WHATEVER FIRST KEY LISTED AS THE PROPERTY OWNER'S MAILING ADDRESS AND RECORD.

OKAY. AND DO WE HAVE THAT WHERE THAT WHERE IT WAS MAILED TO? THIS IS THE BREVARD COUNTY PROPERTY APPRAISER AND WHERE THEIR MAILING ADDRESS IS SENT TO HERE, GEORGIA. AND THEN THIS IS THE STATEMENT OF VIOLATION WHERE IT WAS SENT.

OKAY. IS THERE AS FAR AS THE FENCE GOES? DO WE LIKE IS IT IN COMPLIANCE WITH THE CODE OTHER THAN NOT BEING PERMITTED? DO WE KNOW THAT IT APPEARS TO BE.

HOWEVER, WE WOULD NEED TO LOOK AT THE SURVEY TO MAKE SURE THAT IT'S WITHIN THE PARAMETERS OF THE PROPERTY.

THAT'S REALLY THE BIGGEST THING THAT THEY'RE GOING TO LOOK AT. OKAY.

AND IF FRIENDS PERMIT IS, IS RELATIVELY SIMPLE TO GET YOU SUPPLY A SURVEY SHOW WHERE THE FENCE IS GOING TO BE AND IT'S A ONE INSPECTION AND DONE KIND OF SITUATION. SO IT'S NOT A LONG DRAWN OUT PROCESS.

I THINK THE BIGGEST PART WOULD BE TO GET A SURVEY.

BUT SINCE THESE ARE NEWLY BUILT HOUSES, YOU SHOULD BE ABLE TO PULL THE ORIGINAL SURVEY FROM THE BUILT HOUSE AND ADD TO IT.

OKAY. ALL RIGHT. SO NOW THIS PROPERTY HAS ALREADY BEEN FOUND IN VIOLATION, CORRECT? CORRECT. SO WE'RE THIS THIS PART OF THE HEARING IS JUST TO SET THE FINE.

BUT I MEAN, I CAN, I CAN GIVE AN ADDITIONAL EXTENSION IF NECESSARY.

[00:30:06]

SO I THINK I THINK 30 DAYS PROBABLY DO THE TRICK.

DO YOU ANY DO YOU THINK YOU'D HAVE ANY TROUBLE GETTING ARRANGING FOR THE INSPECTION AND GETTING THE SURVEY TOGETHER? I THINK THAT'S THAT'S DOABLE. I BELIEVE OUR ATTORNEY HAD REQUESTED 45.

BUT I MEAN, IF 30 DAYS IS GIVEN, I THINK. OKAY.

AND JUST FOR THE RECORD, I SPOKE TO THE ATTORNEY, MR. DIAZ, THIS MORNING. HE DID MENTION 45 DAYS. BUT IF YOU DO THE 30 DAYS, THEY WOULDN'T COME BACK UNTIL JULY.

SO IF THEY CAME INTO COMPLIANCE BETWEEN THEN AND THERE, THEY WOULDN'T EVEN MAKE IT TO THE NEXT HEARING.

SO ESSENTIALLY THEY WOULD HAVE THE 45 DAYS. OH, OKAY.

SO. ALL RIGHT. THEN.

SPECIAL MAGISTRATE, CAN I RECOMMEND TO STAFF THAT, THAT WE JUST FOR CLARITY OF THE RECORD, THAT WE JUST GO AHEAD AND DO THE 45 DAYS. IT'S CERTAINLY UP TO STAFF, BUT THAT WOULD BE MY RECOMMENDATION.

YEAH. THAT'S FINE. I DON'T HAVE NO OBJECTION TO THAT.

OKAY. YEAH, THAT'S THAT'S KIND OF WHAT I WAS THINKING. IF IT'S GOING TO IF THE PRACTICAL EFFECT IS GOING TO BE 45 DAYS, YOU MIGHT AS WELL JUST GIVE 45 DAYS. IT'S GOING TO BE ANYWAY.

SO. OKAY. ALL RIGHT, SO NOW YOU'RE GOING TO MAKE ME DO MATH IN PUBLIC THAT JUNE 27TH.

YEAH. ALL RIGHT. WE WILL SET THE NEW DATE OF COMPLIANCE FOR JUNE 27TH, 2026.

OKAY. IS THAT GOING TO BE FOR BECAUSE HE'S REPRESENTING FOR ITS TWO PROPERTIES, IS THAT GOING TO BE THE SAME FOR THE OTHER ONE AS WELL? IT'S THE EXACT SAME. IF IT'S THE SAME, IF IT'S THE SAME FACTS AND EVERYTHING, THEN YEAH, WE'LL DO THE IT'LL BE FOR BOTH.

SO FOR 31, 31 TROPICAL CIRCLE, THAT'S GOING TO BE 45 DAYS AS WELL.

YES. JUNE 27TH, 2026. AND THEN $50 A DAY. FINE FOR EVERY DAY AFTER THAT.

THE PROBLEM IS THAT FOR EACH INDIVIDUAL PROPERTY, $50 A DAY FOR EVERY DAY AFTER THAT, THAT THEY'RE NOT IN COMPLIANCE.

OKAY. THANKS. ALL RIGHT. THANK YOU. GOOD JOB.

ALL RIGHT. NOW. NOW WE CAN PAUSE. SO I'LL REVIEW THESE OTHER THE SET FIND CASES.

OKAY. THESE CASES WILL NOW BE HEARD WITHOUT FURTHER TESTIMONY IN.

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

THE CITY REPRESENTS. ALL RESPONDENTS HAVE BEEN SERVED OR NOTICED. ACCORDING TO CHAPTER ONE, 62 OF THE FLORIDA STATE STATUTES AND THE PALM BAY CODE OF ORDINANCES. THE RESPONDENTS

[00:35:02]

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 RECEIVED PROPER NOTICE TO TODAY'S HEARING PURSUANT TO CHAPTER 162 OF THE FLORIDA STATE STATUTES.

I ALSO 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 MAY 23RD, 2026, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER TO BRING THE RESPECTIVE PROPERTIES INTO COMPLIANCE OR PAY A FINE OF $200. I AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS TO BRING THE PROPERTIES INTO COMPLIANCE AND CHARGE THE PROPERTY OWNER WITH THE REASONABLE COSTS OF THE ACTION, ALONG WITH THE IMPOSED FINE.

MOVING ON TO CODE COMPLIANCE REPORTS, AUTHORIZATION TO IMPOSE FINES.

[CODE COMPLIANCE REPORTS]

NO OTHER OWNERS ARE PRESENT. SO THE CITY IS REQUESTING THAT THE CODE ENFORCEMENT SPECIAL MAGISTRATE FINED ALL RESPONDENTS OR CASES LISTED IN THE AUTHORIZATION TO IMPOSE FINES REPORT AND NONCOMPLIANCE FOR THE PERIOD STATED IN THE REPORT, AND IMPOSE THE FINES AS LISTED ON THE REPORT.

I FIND ALL THE RESPONDENTS 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 MAY 13TH, 2026.

I HAVE NO FURTHER BUSINESS. NO. THAT'S IT. ALL RIGHT.

IF THERE'S NO NO COMMENTS FROM THE THE GALLERY, THEN WE WILL ADJOURN AND THE NEXT HEARING WILL BE JUNE 10TH,

[NEXT BOARD MEETING DATE: JUNE 10, 2026]