Link


Social

Embed


Download

Download
Download Transcript

[00:00:02]

WE WILL CALL THE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING TO ORDER.

[CALL TO ORDER]

FIRST ORDER OF BUSINESS WILL BE SWEARING EVERYONE IN WHO WISHES TO SPEAK.

[SWEARING IN]

SO IF YOU WISH TO SPEAK TODAY, PLEASE STAND IF YOU CAN, 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. OKAY.

[ADOPTION OF MINUTES]

NEXT IS ADOPTION OF THE MINUTES. THEY WERE PREVIOUSLY REVIEWED AND HAVE BEEN ACCEPTED.

SO WE CAN MOVE ON TO THE SUBMITTAL OF DIGITAL EVIDENCE PACKET.

[SUBMITTAL OF DIGITAL EVIDENCE PACKET]

YES. STAFF WOULD LIKE TO SUBMIT THE DIGITAL EVIDENCE PACKET AND ANY PHOTOGRAPHS INTO THE RECORD.

THE EVIDENCE IS ACCEPTED INTO THE RECORD. ALL RIGHT.

[CODE COMPLIANCE OLD BUSINESS]

CODE COMPLIANCE. OLD BUSINESS. THIS IS CEV OR CV26-01542 AT 1071 JOHNSTON ROAD, SOUTHEAST.

THIS WAS ORIGINALLY BROUGHT BEFORE YOU ON SEPTEMBER 9TH, 2026, WHERE IT WAS FOUND IN VIOLATION FOR THE FIRE PREVENTION CODE AND.

TALL GRASS AND WEEDS AND UNDERGROWTH. IT WAS GIVEN A PER DAY FINE AND ORDERED TO BRING IT INTO COMPLIANCE BY SEPTEMBER 24TH. HOWEVER IT'S VACANT, SO THE CITY IS REQUESTING A SPLIT FINE WHERE YOU GIVE AUTHORIZATION TO CUT THE GRASS AND THEN A SET. FINE. OKAY. ALL RIGHT. SO LET'S SEE HERE.

IS THE THERE'S NO PROPERTY OWNER HERE TO SPEAK.

ALL RIGHT. OKAY. SO WE WILL OR I WILL AMEND MY ORDER FROM LAST MONTH.

FOR THE VIOLATION OF SECTION THREE. 3.2. ONE.

A SHUTTERS ON WINDOWS WITH NO THREAT OF STORMS. THAT THAT FINE WILL BE AMENDED. TO BE A $50 PER DAY FINE FOR EACH AND EVERY DAY THAT THE PROPERTY REMAINS IN VIOLATION. AND WE WILL THAT WILL BE FROM THE DATE OF FROM THE PREVIOUS DATA COMPLIANCE WAS THAT SEPTEMBER 2024 OR SEPTEMBER 24TH? OKAY. SO STARTING FROM SEPTEMBER 24TH IT'LL BE $50 A DAY FOR EACH AND EVERY DAY THAT THAT PROPERTY IS IN VIOLATION.

AND THEN FOR THE TALL GRASS AND WEEDS. THE RESPONSE, THE DATE OF COMPLIANCE HAS PASSED THAT WE'LL KEEP THAT AS SEPTEMBER 24TH, 2026. AND. I'M AUTHORIZING A SET FINE OF $200.

AND I AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS TO BRING THE PROPERTY INTO COMPLIANCE AND TO CHARGE THE PROPERTY OWNER WITH THE REASONABLE COSTS OF THE ACTIONS, ALONG WITH THE IMPOSED FINES. IN ADDITION, I.

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

AND I ALSO FIND THAT THE RESPONDENT IS IN VIOLATION OF BOTH CODES THAT WERE SET FORTH IN THE STATEMENT OF VIOLATION.

OKAY. MOVING ON TO COMPLIANCE HEARINGS PER DAY FINES.

[CODE COMPLIANCE HEARINGS: PER DAY FINES (Part 1 of 3)]

OUR FIRST CASE IS CV26-02097. THIS IS AT 551 MINER AVENUE, NORTHEAST.

THE CODE OFFICER IS VALERIE STURGIS.

FOR THE RECORD, VALERIE STURGES, CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY, PRESENTING CASE NUMBER 26-2097.

I AM SUBMITTING PHOTOS AND DIGITAL FILE THAT ACCURATELY DEPICT THE PROPERTY DURING MY INSPECTIONS.

VIOLATION SUMMARY ON JUNE 16TH, 2026, THE PROPERTY WAS INSPECTED AND FOUND TO BE IN VIOLATION OF PALM BAY CODE OF ORDINANCES, SECTIONS 73.21 B 74.06 A FOR AND 74.25 B.

THE SUMMARY INFORMATION. A COURTESY LETTER WAS SENT OUT ON JUNE 16TH, 2026, FOLLOWING A NOTICE OF VIOLATION ON JULY 7TH, 2026 AND A STATEMENT OF VIOLATION AND NOTICE OF HEARING ON AUGUST 25TH, 2026.

DURING MY LAST INSPECTION ON TEN 1326, I FOUND THE PROPERTY REMAINS IN VIOLATION.

I'VE BEEN WORKING ON THIS CASE FOR A 129 DAYS.

[00:05:01]

ALL RIGHT. IS THE PROPERTY OWNER HERE? SIR, IF YOU WOULD PLEASE STEP UP TO THE PODIUM.

TELL ME YOUR NAME AND TELL ME WHAT'S GOING ON. DANIEL HERNANDEZ.

YEAH. SO A WHILE BACK, I KIND OF GAVE UP ON THE LAWN BECAUSE THE BEHIND US IS A CITY ACCESS THAT HASN'T BEEN CUT IN OVER FIVE YEARS. AND WE HAD THICK VINES GROWING THROUGH, AND I STOPPED FIGHTING IT FOR A WHILE.

AND SO I WOULD JUST KIND OF TRIM UP THE FRONT EVERY, EVERY ONCE IN A WHILE.

SO, YOU KNOW, THAT'S, THAT'S MY BAD. I CLEARED ALL THAT UP.

SO THE YARD IS COMPLETELY DOWN. I, I EVEN TOOK DOWN THE BIG TREE IN THE BACKYARD AND ALL THAT JAZZ.

SO THE WHOLE BACKYARD. I HAVE A PICTURE OF THE BACKYARD ON MY PHONE. IF IF I CAN SHOW IT TO YOU GUYS.

AND I CLEANED UP AROUND WHERE THE VINES ARE GROWING OVER FROM MY NEIGHBOR'S FENCE AREA.

CHOPPED ALL THAT STUFF DOWN. ALL THAT STUFF IS CLEARED UP. I THE RED TRUCK KEEPS BEING REFERENCED AS YOU KNOW, LIKE A BROKEN DOWN VEHICLE. IT JUST HAS A FLAT TIRE.

I MOVED IT WHEN I INITIALLY GOT THE THING TO BE ABLE TO START PARKING MY LITTLE TRAILER ON THE SIDE OF THE HOUSE TO BRING THAT UP TO COMPLIANCE.

SO I MEAN, THE TRUCK IS FINE. IT JUST HAS A FLAT TIRE.

IT'S $300 TIRES, SO I'M JUST WAITING TO GET A NEW TIRE.

BUT OTHER THAN THAT, THE TRUCK IS, IS FINE. SO I, I DON'T KNOW WHAT ELSE I NEED TO DO OTHER THAN FIND A NEW PLACE TO PARK MY BIG TRAILER.

OKAY. DO YOU HAVE ANY DO YOU HAVE ANY IDEA OF WHERE YOU COULD PARK YOUR TRAILER? THE BIG ONE? YEAH. YEAH, I'LL, I'M GOING TO TRY TO WEDGE IT IN TO MY PARENTS BACKYARD.

I THINK THERE MIGHT BE A WORKABLE PATH THERE.

OKAY. I CAN GET THAT OUT OF THERE. IT'S JUST GOING TO BE A PAIN BECAUSE I USE IT EVERY DAY.

SO THAT'S WHY I'VE JUST BEEN PARKING IT THERE.

BECAUSE I, I PRETTY MUCH TAKE IT MOST, MOST DAYS, LIKE JUST ABOUT EVERY DAY.

SO USE IT FOR WORK. SO YEAH. BUT PREVIOUSLY, LIKE YOU CAN EVEN SEE IN THE PICTURE THERE, THE LITTLE TRAILER, I HAVE IT PARKED IN THE BACK. AND THERE WAS WHEN I VERY FIRST GOT A FIRST LETTER FROM YOU GUYS, THERE WAS A PILE OF TRASH IN THE BACKYARD THAT HAD COME OUT OF THE PATIO WHEN WE CLEANED UP.

AND I JUST NEEDED THE TIME TO BE ABLE TO GET AROUND TO TAKE IT OFF.

AND THAT'S WHEN IT GOT NOTICED. SO THAT, THAT GOT TAKEN AWAY A LONG TIME AGO.

OKAY. SO VALERIE, YOU SAID THE, THE PROPERTY IS STILL LAST TIME YOU CHECKED, EVERYTHING WAS STILL NOT IN COMPLIANCE.

IS THAT CORRECT? CORRECT. I DIDN'T ADDRESS THE BACKYARD BECAUSE OBVIOUSLY I DIDN'T SEE THE BACKYARD.

BUT YES, AS OF YESTERDAY, THE TRUCK, THE BIG TRAILER AND THAT FORD TRUCK WAS THERE.

WERE THE SHUTTERS STILL UP OR THE SHUTTERS BEEN TAKEN OFF A WHILE AGO? YEAH. YEAH. OKAY. YEAH. LIKE I SAID, THE RED TRUCK IS STILL THERE.

AND THE BIG TRAILER. I'LL I'LL MOVE THE BIG TRAILER.

I GUESS I JUST WANTED TO BE CLARIFIED AS TO WHY I CAN'T BE PARKED THERE, BUT I, YOU KNOW, IT'S ALL GOOD. I'LL FIGURE IT OUT IF I CAN, MISTER MAGISTRATE.

YEAH, ABSOLUTELY. SO FIRST OF ALL, IT'S A VERY HEAVY TRAILER AND IT'S PARKED IN A SWALE.

IT ACTUALLY DOES DAMAGE TO THE STORMWATER SYSTEM.

THAT'S NUMBER ONE. NUMBER TWO, IT ALSO CREATES A BLOCKAGE AND OBSTRUCTION.

VIEW WISE. SO OUR CODE JUST ACTUALLY SAYS YOU CANNOT PARK THE TRAILERS AND STUFF OUT FRONT.

AND THEN THE SAME WITH YOUR TRUCK. IT MAY ONLY BE A TIRE, BUT BASICALLY IF IT CAN'T BE DRIVEN ON THE ROAD AND DRIVEN AROUND, IT'S NOT CONSIDERED ROADWORTHY AND IT'S CONSIDERED INOPERABLE VEHICLE AT THAT TIME.

ALRIGHT. SO WE JUST HAVE TO GET A TIRE. I'LL FIGURE OUT A PATCH FOR IT.

YEAH. OKAY. SO YOU KNOW, IT SOUNDS LIKE THERE'S STILL A LITTLE BIT OF WORK TO DO, BUT IT SOUNDS LIKE YOU'VE BEEN YOU'VE BEEN MAKING AN EFFORT TO BRING THE PROPERTY TO COMPLIANCE. YEAH. I WASN'T SURE THE BACKYARD WAS HORRIBLE.

AND WE JUST YEAH, PUT IN A LOT OF WORK OVER THERE.

OKAY. SO I REALLY, I JUST NEED TO KNOW HOW MUCH TIME YOU NEED.

LIKE HOW, WHAT DO YOU THINK IT WILL TAKE TO GET EVERYTHING? I'LL FIGURE OUT. I'LL SEE MY BUDDY AT THE TIRE SHOP.

EVEN IF I GOTTA GET A MID-SIZED TIRE, I'LL, I'LL GET A TIRE ON THERE, AND AND I'LL GET THE TRAILER GOING.

OKAY. ALL RIGHT, THAT SHOULD. SO YOU SAID YOU NEED.

YOU SAID YOU JUST NEED A WEEK. YEAH. JUST IN CASE.

LET'S DO 15 DAYS. DOES HE HAVE A PROBLEM WITH THAT? THAT'S FINE. I APPRECIATE IT. ALL RIGHT. SO BECAUSE I MEAN THERE ARE THERE ARE WHAT HERE 123456 VIOLATIONS.

THAT WOULD BE $300 A DAY IF. IF THEY WEREN'T.

I GOTCHA. AND I DON'T I DON'T WANT YOU TO HAVE TO PAY $300 A DAY.

SO WE'LL, WE'LL SET THE NEW DATE OF COMPLIANCE FOR OCTOBER 29TH.

SO I, I FIND THAT THE RESPONDENT. OOPS, I THINK I GOT THE WRONG ONE THERE.

[00:10:03]

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

I ALSO FIND THAT THE RESPONDENT IS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.

THE RESPONDENT IS ORDERED TO CORRECT THE VIOLATION WITHIN 15 DAYS OF THIS ORDER, OR PAY A FINE OF $50 PER DAY FOR EACH AND EVERY DAY THAT THE VIOLATION CONTINUES PAST THE DATE OF COMPLIANCE. SO AS LONG AS YOU GET EVERYTHING IT SOUNDS LIKE SOME OF THIS HAS ALREADY BEEN DONE.

SO JUST YOU JUST NEED TO GET THE INSPECTORS OVER THERE. BUT ONCE EVERYTHING'S READY, CALL THEM OVER AND YOU'LL BE TAKEN CARE OF.

AWESOME. I APPRECIATE IT. THANK YOU. THANK YOU. DO I NEED TO WAIT FOR PAPERWORK? I'LL MAIL IT TO YOU. OKAY. YOU'RE WELCOME. OUR NEXT CASE TO BE HEARD IS CV 26-02242. THIS IS A 2206 NORTH VIEW STREET, NORTHEAST.

THE COURT OFFICER IS VALERIE STURGIS. VALERIE STURGIS, CODE OFFICER, CITY OF PALM BAY.

THIS PROPERTY AT 2206 NORTH VIEW. SHE'S JUST ASKING FOR AN EXTRA WEEK.

SHE HAS HALF OF THE FENCE TAKEN CARE OF, AND SHE JUST NEEDED ANOTHER WEEK TO FINISH THE REST OF IT.

OKAY. ANY. SO SHE'S BEEN SHE'S NOT HERE TODAY? NO. SHE HAD ASKED ME YESTERDAY IF SHE COULD GET ANOTHER WEEK, AND I TOLD HER THE CASE WAS ALREADY GOING TO THE BOARD, BUT THAT I WOULD LET YOU KNOW THAT SHE IS MAKING PROGRESS.

OKAY. SO SHE'S MAKING PROGRESS. SHE'S BEEN BEEN COOPERATIVE AND ALL THAT.

OKAY. I WANT TO I'LL DO THE SAME THING I DID WITH THE LAST GUY THEN, AND I'LL GIVE HER I'LL GIVE HER THE 15 DAYS INSTEAD OF JUST THE JUST THE WEEK.

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

I ALSO FIND THAT THE RESPONDENT IS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION. THE RESPONDENT IS ORDERED TO CORRECT THE VIOLATION WITHIN 15 DAYS OF THIS ORDER TO OR PAY A FINE OF $50 PER DAY FOR EACH AND EVERY DAY THAT THE VIOLATION CONTINUES PAST THE DATE OF COMPLIANCE.

OUR NEXT CASE IS CV 26-02323. THIS IS A 2156 FRANKLIN DRIVE NORTHEAST.

THE COURT OFFICER IS ALSO VALERIE STURGIS. VALERIE STURGIS, CODE OFFICER, CITY OF PALM BAY.

THE I WANTED TO MAKE A NOTE ON THIS CASE THAT THEY ARE CLEARING THE PROPERTY.

HOWEVER, BECAUSE OF ALL THE RAIN, THEY'RE NOT ABLE TO COMPLETE THE BACK STRIP.

SO THEY ASKED AGAIN. THEY WANTED ANOTHER WEEK FOR THAT.

SO WHEN IT DRIES OUT, THEY CAN GET THE MACHINE BACK THERE TO CLEAR IT OUT.

OKAY. EXCUSE ME, MR. MAGISTRATE. IN THESE CASES, I WOULD LIKE TO JUST TABLE THEM TO THE NEXT HEARING.

BECAUSE I JUST DON'T THINK IT'S APPROPRIATE THAT WE GIVE TESTIMONY ON BEHALF OF A PROPERTY OWNER THAT'S NOT PRESENT.

SO SINCE THEY'RE NOT HERE AND THEY'RE ASKING FOR TIME ANYWAY, IF WE JUST TABLE IT TO THE NEXT MONTH, WE CAN EVEN DO THE SAME ON THE NEXT CASE. I JUST DON'T FEEL COMFORTABLE GIVING TESTIMONY WHEN THEY'RE NOT HERE TO EITHER AGREE WITH THE TESTIMONY OR DISPUTE THE TESTIMONY.

SO WE CAN JUST PUSH THOSE TO NEXT TO THE NEXT HEARING AND WE'LL WE'LL DEAL WITH IT THEN, BECAUSE IF THEY'RE GOING TO FIX IT IN A WEEK, WE'LL BE ABLE TO CLOSE IT BEFORE THEN ANYWAY. OKAY.

SO HOW MANY, HOW MANY CASES? BECAUSE WE'VE ALREADY DONE TWO OF THESE CASES. HOW MANY ARE YOU ASKING ABOUT? I DON'T KNOW HOW MANY. THAT'S IT. IT'S JUST THIS ONE AND THE ONE THAT WE THE PREVIOUS CASE.

OKAY. WELL, I, I DON'T THINK THERE'S ANY PROBLEM WITH TAKING THE TESTIMONY ON THE LAST ONE BECAUSE I.

I GRANTED MORE THAN WHAT THE PERSON WAS ASKING FOR, SO I DON'T I DON'T THINK THERE'S.

THAT'S CORRECT. I JUST BELIEVE THAT THE PERSON IS NOT HERE.

SO WE TECHNICALLY DON'T HAVE HER TESTIMONY OF WHAT SHE ACTUALLY ASKED FOR.

SO WE'RE PROVIDING TESTIMONY, WHICH IS BASICALLY HEARSAY OF HER TELLING US THIS.

AND IT IT COULD COME BACK, BUT I CAN DEFER TO OUR ATTORNEY.

AND IF YOU WANT TO LEAVE THAT ONE THE WAY IT IS, THAT'S THAT'S COMPLETELY UP TO YOU AS WELL.

OKAY. CITY ATTORNEY HAVE A. YEAH. SO SPECIAL MAGISTRATE.

AND WE HAVE, BY MY COUNT, TWO CASES WHERE THE RESPONDENTS WERE NOT ABLE TO BE HERE TODAY, BUT INDICATED THAT THEY NEEDED MORE TIME.

SO OFFICIALLY YOU'VE RULED ON ONE, BUT NOT OFFICIALLY RULED ON THE OTHER ONE.

SO WITH REGARD TO THE ORDER THAT YOU'VE ALREADY ENTERED VERBALLY, I THINK IN THAT CASE, YOU WOULD TREAT IT LEGALLY AS YOU WOULD ANY OTHER CASE WHERE A RESPONDENT WAS NOT PRESENT AND THEY RECEIVED PROPER NOTICE.

PER STATE STATUTE, I BELIEVE YOU YOU INDICATED THAT YOU WERE FINDING THAT THAT THERE WAS PROPER NOTICE AT THE TIME THAT YOU ENTERED YOUR ORDER.

HAVING SAID THAT, IT CERTAINLY UP TO THE CITY TO MOVE TO VACATE THAT ORDER AND DO SOMETHING DIFFERENT.

[00:15:04]

IF THAT'S THE DESIRE WE COULD, WE COULD MAKE THAT MOTION OR A TENNIS RIGHT NOW.

IF, IF STAFF WANTS TO LEAVE THE ORDER IN PLACE, I'M COMFORTABLE LEAVING IT IN PLACE FROM A LEGAL PERSPECTIVE, BUT I'LL CERTAINLY DEFER TO, TO THEM AS TO, AS TO WHAT WAS ALREADY ENTERED.

AND THEN I'LL ADDRESS THE THE OTHER CASE SEPARATELY.

OKAY. I'M GOING TO LEAVE MY I HAVE NO OBJECTION TO LEAVING THAT.

OKAY. I'M GOING TO LEAVE MY, MY ORDER ON THE LAST ONE.

AND IF THE CITY WANTS TO MOVE TO WITHDRAW THIS LATEST CASE AND SUBMIT IT NEXT NEXT TIME AROUND.

UNTIL THE NEXT HEARING AND BRING IT BACK. AND THEN THAT WAY IF THEY DO COME INTO COMPLIANCE IN A WEEK, THEY WON'T BE COMING BACK ANYWAY. THEY'LL BE IN COMPLIANCE AND WE'LL JUST DO IT THAT WAY. THAT WAY WE DON'T HAVE A HE SAID SHE SAID OR SOMETHING COME UP LATER THAT SAYS, NO, THAT'S NOT WHAT I MEANT. I JUST THINK WE NEED TO BE PROPER IN THAT RESPECT.

OKAY. SOUNDS GOOD. FOR CLARITY, MAGISTRATE, WE'RE NOT TECHNICALLY WITHDRAWING ANYTHING.

WE JUST WANT TO MAKE SURE THAT IT'S CONTINUED TO YOUR NEXT AVAILABLE. RIGHT.

YEAH. WE'LL CONTINUE IT TILL THE NEXT ONE, WHICH I THINK IS GOING TO BE DECEMBER. CORRECT.

YES. YEAH. OKAY. LET'S MOVE ON TO THE NEXT CASE.

IT'S ACTUALLY GOING TO BE CHRIS NEXT. AND THIS WILL BE ITEM NUMBER ONE ON THE CODE.

[CODE COMPLIANCE HEARINGS: SET FINES ]

COMPLIANCE HEARINGS SET FINES. THIS IS CB 26-01733 AT 1710 SEELIE CIRCLE, NORTHWEST. THIS CASE WAS CITED FOR THE TALL GRASS AND WEEDS AND THE FAILURE TO REQUEST BUILDING CONSTRUCTION INSPECTION. THE BUILDING PERMIT IS EXPIRED.

WE JUST NEED A SPLIT FINE ON THAT. THERE. THEY'RE SEPARATE.

OKAY. OKAY.

I DON'T HAVE THIS ONE.

OKAY. SO THIS IS JUST A TWO SEPARATE FINE ONE SO THAT WE COULD MOW THE PROPERTY.

YEAH. SAME AS THE ORIGINAL. SO.

WHAT WAS THAT ADDRESS? OH.

OKAY, I'VE GOT IT, I GOT IT. CHRIS ROBINSON, CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY.

REFERENCE CASE NUMBER CV2601733. IT'S 1710. SEELEY, THIS IS A VIOLATION THAT WAS OBSERVED ON 6126 FOR EXPIRED BUILDING PERMIT. TALL GRASS AND WEEDS AND TRASH AND DEBRIS OF CONSTRUCTION DEBRIS.

I RECEIVED THIS COMPLAINT FROM A NEIGHBOR ABOUT THE TALL GRASS AND WEEDS AND TRASH AND DEBRIS.

I CONDUCTED AN INSPECTION, CONFIRMED THE VIOLATION, AND ISSUED A COURTESY LETTER.

I FOLLOWED UP ON 62226. THERE WAS NO CHANGE. ISSUED A NOTICE OF VIOLATION.

RESPONDED AGAIN ON 72226, ISSUED A STATEMENT OF VIOLATION AND NOTICE OF HEARING.

8526 I POSTED THE PROPERTY STILL NO CHANGE. I INSPECTED AGAIN ON.

92926 AND TEN 1326. PROPERTY WAS STILL IN VIOLATION.

I'VE BEEN WORKING ON THIS FOR 134 DAYS. THIS IS AN ABANDONED CONSTRUCTION HOME.

THAT THE RAFTERS, AS YOU CAN SEE, RAFTERS, ALL THE CONSTRUCTION DEBRIS IS JUST LAYING IN THE IN THE PROPERTY. THE GRASS IS OVERGROWN.

AND I BELIEVE WE'RE WANTING TO SEPARATE IT SO THAT WE CAN CLEAN UP THE DEBRIS AND MOW THE PROPERTY. OKAY.

IS THE PROPERTY OWNER HERE? NO, SIR. OKAY.

ALL RIGHT. DOES THE CITY HAVE A REQUEST FOR TIME FOR COMPLIANCE? TEN DAYS WOULD BE FINE. TEN DAYS. OKAY. ALL RIGHT.

[00:20:02]

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

I ALSO FIND THAT THE RESPONDENT IS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION FOR THE VIOLATION OF SECTION 93.03.

THE RESPONDENT HAS UNTIL OCTOBER 24TH, 2026, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER TO BRING THE PROPERTY INTO COMPLIANCE OR PAY A SET FINE OF $200.

I ALSO AUTHORIZE THE CITY TO TAKE ALL REASONABLE ACTIONS TO BRING THE PROPERTY INTO COMPLIANCE AND CHARGE THE PROPERTY OWNER WITH THE REASONABLE COSTS OF THE ACTIONS, ALONG WITH THE IMPOSED FINE FOR THE VIOLATION OF SECTION 172.005 A.

THE RESPONDENT IS ORDERED TO CORRECT THE VIOLATION WITHIN TEN DAYS OF THIS ORDER, OR PAY A FINE OF $50 PER DAY FOR EACH AND EVERY DAY THAT THE VIOLATION CONTINUES PAST THE DATE OF COMPLIANCE. OUR NEXT CASE IS ITEM NUMBER FIVE

[CODE COMPLIANCE HEARINGS: PER DAY FINES (Part 2 of 3)]

UNDER THE PER DAY FINES HEARING. THIS IS CV 26-01988 AT 1340 ELMIRA AVENUE NORTHWEST. CHRIS ROBINSON, CITY CODE COMPLIANCE.

CITY OF PALM BAY CODE COMPLIANCE OFFICER. THIS IS REFERENCE CASE CV26-01988 AT THE ADDRESS OF 1340, ELMIRA ON SIX 1026, I RECEIVED A COMPLAINT ABOUT DRIVING THROUGH BACKYARDS.

I ISSUED A VIOLATION FOR 172.002. BUILDING WITHOUT A PERMIT IS WHAT IT ULTIMATELY CAME DOWN TO.

WHEN I OBSERVED THE VEHICLES PARKED IN THE BACKYARD.

I ALSO OBSERVED A SHED THAT WAS ON THE PROPERTY THAT DID NOT HAVE A PERMIT.

I ALSO OBSERVED THAT SOMEBODY WAS LIVING IN THE SHED AND THAT IT HAD ELECTRICAL AND PLUMBING TO THE SHED.

I MADE CONTACT WITH THE OWNER AND EXPLAINED WHAT THE SITUATION WAS AND WHY I WAS ORIGINALLY THERE.

SO SHE HAS STOPPED DRIVING THROUGH THE EASEMENT AND HAS MOVED THE PERSON OUT OF THE SHED.

BUT AT THIS TIME, WE STILL NEED A BUILDING PERMIT FOR THE CONSTRUCTION OF THE SHED AND THE ELECTRICAL AND THE PLUMBING.

OKAY. IS PROPERTY OWNER HERE? MA'AM, IF YOU WOULD PLEASE COME UP, STATE YOUR NAME AND TELL ME WHAT'S GOING ON.

KIM COLE, THE BUILDING WAS THERE WHEN I BOUGHT THE HOUSE NINE YEARS AGO, AND I GOT FROM SCOTT AT THE BUILDING DEPARTMENT.

THE PERMIT FOR THE BUILDING AND THE ELECTRICAL THAT WAS ALREADY IN IT.

I GOT THAT YESTERDAY, DIDN'T I? I THOUGHT I SENT IT TO YOU ANYWAY, SO I HAVE THAT WITH ME IF YOU WANT THAT.

AND THEN I APPLIED FOR THE PLUMBING PERMIT. I MEAN, ALMOST IMMEDIATELY.

AND IT'S WITH THE DEPARTMENT OF HEALTH RIGHT NOW. OKAY.

AND THEY SAID THEY'RE WORKING ON AUGUST, SO IT COULD TAKE A WHILE, BUT I HAVE ALL THE PAPERWORK.

OKAY. THE ONLY THING I'M WORRIED ABOUT IS IF SHE'S GOING TO HAVE THE ELECTRICAL AND THE PLUMBING IN IT.

IS IT GOING TO BE UTILIZED AS LIVING QUARTERS AGAIN? IF IT IS, IT'S GOING TO NEED TO BE CODE. RIGHT.

WHAT ARE YOUR PLANS FOR? WELL, I MEAN, I CAN'T USE IT AS A LIVING SPACE, SO I'M NOT GOING TO I ALREADY HAD THE PERSON MOVE OUT LIKE I TOLD YOU.

I MEAN, IT'LL JUST BE A WORKSPACE. OKAY. EVEN AS A WORKSPACE, IT'S YOU'RE STILL USING IT AS A DWELLING.

SO IT WOULD STILL NEED TO BE CODE. I MEAN, I THOUGHT A DWELLING WOULD BE LIKE, YOU'RE LIVING IN IT, SLEEPING IN IT.

MOVED IN HAVING MAIL COME THERE. WELL, NO, ACTUALLY ANY OF THAT.

ACTUALLY, WHAT IT IS, IS BECAUSE YOU HAVE ELECTRIC AND PLUMBING, IT IS VIEWED AS LIKE A SEPARATE APARTMENT OR A SEPARATE SITUATION.

LIKE IT'S THE SAME IF YOU HAD A SEPARATE KITCHEN ALONG WITH A SEPARATE BATHROOM, BUT IT HAS TO BE CODE IN ORDER TO BE OCCUPIED.

IT IS NOT A TYPICAL WORKSHOP OR SHED. SCOTT CAN HELP YOU OUT WITH THAT IF YOU ALREADY GOING TO GET YOUR PLUMBING PERMIT WITH HIM.

WHEN YOU DO, HE CAN THEN ISSUE YOU A CO FOR THE SHED.

OKAY. YEAH. I MEAN, I'VE ALREADY APPLIED FOR THE PLUMBING, BUT THE ELECTRIC WAS THERE ALREADY.

OKAY. WELL, AND AS LONG AS THAT WAS PERMITTED, THAT'S FINE.

YEAH. OKAY. I MEAN, SCOTT GAVE IT TO ME, SO. ALL RIGHT.

SO IT SOUNDS LIKE IT SOUNDS LIKE THIS IS MOSTLY ADMINISTRATIVE.

THE ISSUES HERE. WHAT ABOUT WHAT KIND OF WHAT KIND OF REPAIRS? THE SHED AS IT IS IN GOOD SHAPE OR. YEAH, IT'S IN GREAT SHAPE BECAUSE I REVAMPED IT.

OKAY. QUESTION FOR THE CITY FOR AS, AS FAR AS GETTING A CO WHAT, WHAT IS REQUIRED IN ADDITION TO HAVE TO GO THROUGH THE BUILDING DEPARTMENT SO THEY COULD GO OUT AND INSPECT IT TO MAKE SURE THAT IT'S IT MEETS SAFETY STANDARDS FOR SOMEBODY TO LIVE IN, WHICH THEY WOULD DO. WHEN SHE GOT HER PLUMBING PERMIT, THEY'D COME OUT AND INSPECT THE PLUMBING.

AND AT THAT TIME, THEY CAN LOOK AT THE WHOLE SHED AND THEN DETERMINE IF A CEO CAN.

BUT I DON'T THINK IT WILL GET APPROVED FOR A CEO.

ACCORDING TO SCOTT, BECAUSE A WIND FACTOR FOR ONE WIND RATING.

SO, I MEAN, I DON'T PLAN ON HAVING ANYBODY LIVE IN IT ANYMORE.

CAN A CAN YOU HAVE A BUILDING WITH A, WITH LIKE, SAY, JUST LIKE A SHED WITH JUST ELECTRICAL THAT DOESN'T

[00:25:02]

REQUIRE A CEO. THAT'S CORRECT. YES. OKAY. SO MAYBE THAT'S SOMETHING TO CONSIDER TALKING WITH THE CITY ABOUT.

JUST REMOVING THE PLUMBING. I SPENT THOUSANDS ON THAT.

OKAY. I IF YOU THE PROBLEM IS I CAN'T, YOU KNOW, THE VIOLATIONS IS GOING TO KEEP HAUNTING YOU IF WE CAN'T GET YOU A CEO.

IF YOU'RE GOING TO HAVE ALL, ALL OF THAT. SO JUST SOME JUST SOMETHING TO CONSIDER.

I WOULD BRING THAT UP WITH THE WITH THE CITY WHEN YOU TALK WITH THEM.

SO NOW THE ONLY REAL QUESTION IS HOW MUCH TIME ARE WE GOING TO DO? WE NEED TO GIVE YOU SO THAT YOU CAN GET ALL THIS WORKED OUT BECAUSE BECAUSE IT'S, YOU KNOW, IT SEEMS LIKE YOU'VE BEEN, YOU'VE BEEN MAKING AN EFFORT. SO I'M NOT GOING TO, YOU KNOW, I MEAN, THE DEPARTMENT OF HEALTH SAID THEY'RE WORKING ON AUGUST. SO THEY SAID IT COULD BE A COUPLE MONTHS. I TOLD THEM I NEEDED IT AS SOON AS POSSIBLE.

SO THAT, I MEAN, I HAVE NO CONTROL OVER AND I CAN GET WITH SCOTT AND SEE WHAT HE SAYS.

OKAY LET'S SEE IF THEY'RE WORKING ON AUGUST. SO THERE MAY BE TWO MONTHS BEHIND.

WOULD 90 DAYS WOULD THE CITY BE WOULD BE OKAY IF I GIVE YOU A 90 DAY EXTENSION? I MEAN, I EMAIL CHRIS WITH EVERY UPDATE. YEAH.

SHE'S BEEN KEEPING UP WITH IT. OKAY. YEAH. I MEAN, IT'S, IT'S, IT'S TOUGH FOR YOU AND YOU'RE, YOU'RE SORT OF AT THE WHIM OF. RIGHT. AND IT'S NOT EVEN THE CITY, IT'S A DIFFERENT AGENCY ALTOGETHER.

SO I, YOU KNOW, I WANT TO MAKE SURE I GIVE YOU THE TIME YOU NEED TO, TO GET THAT DONE.

SO WE WILL SET THE DATE OF COMPLIANCE FOR JANUARY 12TH, 2027.

THANK YOU. ALL RIGHT. SO I FIND THAT THE RESPONDENT RECEIVED PROPER NOTICE OF TODAY'S HEARING PURSUANT TO CHAPTER 162 OF THE FLORIDA STATE STATUTES.

I ALSO FIND THAT THE RESPONDENT IS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.

THE RESPONDENT IS ORDERED TO CORRECT THE VIOLATIONS WITHIN 90 DAYS OF THIS ORDER, OR PAY A FINE OF $50 PER DAY FOR EACH AND EVERY DAY THAT THE VIOLATION CONTINUES PAST THE DATE OF COMPLIANCE. THANK YOU.

YEAH. THANK YOU. OUR NEXT CASE IS ITEM NUMBER 12. IT'S CV 26-02045 AT 272DN AVENUE NORTHWEST.

THE CODE OFFICER IS ALSO CHRIS ROBINSON. CHRIS ROBINSON, CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY.

THIS IS CASE NUMBER CV26-02045. THE ADDRESS IS 72 DEAN STREET ON 61126.

PROPERTY WAS INSPECTED AND FOUND TO BE IN VIOLATION OF THE CODE OF ORDINANCES.

SECTION 174.002 A ACCESSORY STRUCTURE 172.002 BUILDING WITHOUT A PERMIT.

I RESPONDED ON 611. REFERENCE A COMPLAINT ABOUT TRASH AND DEBRIS ON A VACANT LOT.

THAT WAS ORIGINALLY CITED ALONG WITH THIS THAT HAS SINCE BEEN CLEANED UP.

BUT WHILE THERE, I OBSERVED A SHED THAT DIDN'T HAVE A PERMIT AND IT WAS ALSO SITTING IN THE SETBACKS.

I SENT A COURTESY LETTER ON 7826. I DID A FOLLOW UP INSPECTION AND SPOKE WITH THE OWNER, AND THIS IS WHEN HE HAD CLEANED UP THE TRASH AND EVERYTHING.

HE WAS WORKING ON THE PERMIT, AND I WENT AHEAD AND ISSUED A NOTICE OF VIOLATION FOR THE SHED.

ON EIGHT 1026, STATEMENT OF VIOLATION WAS ISSUED AS LONG AS ALONG WITH THE NOTICE OF HEARING.

92926 I SPOKE WITH THE OWNER WHO IS TRYING TO GET THE PERMIT AND MOVE THE SHED BEFORE THE HEARING ON TEN, 1326. I RESPONDED AND FOUND THAT THE SHED HAD BEEN MOVED OUT OF THE SETBACK, AND THAT PORTION IS IN COMPLIANCE, AND WE'RE STILL WAITING FOR THE PERMIT TO BE ISSUED FOR THE SHED.

OKAY. IS THE PROPERTY OWNER HERE? SIR, IF YOU PLEASE COME UP MY CHAIR.

SO. YEAH. IF YOU WOULD PLEASE STATE YOUR NAME BEFORE.

STATE YOUR NAME FIRST. OKAY. MAURO LOPEZ. YES.

I MOVE THE SHED. OKAY. JUST HAD TO WAIT FOR THE PEOPLE FROM THE ANCHORS AND EVERYTHING, AND I TRY TO FILL OUT THE APPLICATION FOR THE PERMIT, SO IT'S GOING TO TAKE ABOUT, I MEAN, YESTERDAY PUT IT ON THE, THE THE ANCHORS. SO NOW I HAVE TO GO GET THE PAPERS SO I CAN FILL IT UP THE PAPER FOR THE APPLICATION. SO I NEED A LITTLE MORE TIME, MAYBE A WEEK, TWO WEEKS, YOU KNOW, TO FINISH IT UP.

EVERYTHING. OKAY. ALL RIGHT. BUT TO BE HONEST, I THOUGHT THE SHED BEING IN THE SETBACK WAS GOING TO BE THE BIGGEST PROBLEM.

SO IT'S IT'S KIND OF IT'S NICE THAT IT'S ALREADY BEEN TAKEN CARE OF.

SO WHAT? SO THE SHED IS OUT OF THE SETBACK. BUT BUT IT STILL DOESN'T HAVE THE PERMIT.

THE. OKAY. AND THE TRASH AND DEBRIS WAS REMOVED.

THAT WAS ALL CLEANED UP. SO WE'RE JUST LOOKING AT JUST THE PERMIT. THE PERMIT.

OKAY. AND YOU AND YOU'VE ALREADY APPLIED FOR THAT.

SOMEBODY HELPING ME UP WITH THE APPLICATION BECAUSE, YOU KNOW, OKAY, IT'S A LITTLE DIFFICULT FOR ME,

[00:30:01]

BUT I JUST HAD TO GET THE PAPER FROM THE PEOPLE, MOVE THE SHED AND THE, THE ANCHORS AND EVERYTHING BECAUSE THERE'S A COUPLE THINGS I HAD TO FILL IT OUT. STILL, THE APPLICATION, THE ENGINEERING SPECS ON THE SHED WHEN HE BOUGHT IT.

WHAT IS CERTIFIED WIND LOAD AND STUFF? HE'LL PRESENT THAT WITH THE SURVEY.

FILL OUT THE PAPERWORK, GETTING THE PERMIT ONCE HE DOES THAT IS PRETTY SIMPLE. OKAY, I WOULD ACTUALLY JUST RECOMMEND MAYBE 30 DAYS. YEAH, THAT'S WHAT I WAS GOING. IT COVERS THE GETTING OF THE STUFF AND THEN TWO WEEKS TO GET THE RIGHT.

YEAH, I WAS GOING TO SAY WEEKS SOUNDED A BIT AMBITIOUS.

I THINK 30 DAYS WOULD MAKE MORE SENSE. OKAY. THEY SAID I BOUGHT IT LIKE ABOUT EIGHT YEARS AGO.

AND THE COMPANY, I WENT TO THE COMPANY, BUT THE OWNER WAS ALREADY SOLD SOMEBODY ELSE.

OKAY. YEAH. THAT'S NOT THAT'S ONLY GOING TO MAKE IT HARDER FOR YOU, UNFORTUNATELY.

SO I'M TRYING TO GET THE. STUFF. YOU CAN USUALLY CHECK ONLINE, FIND SOMETHING THAT'S CONSIDERABLE AND THEN PRESENT THAT AS YOUR ENGINEERING.

SEE IF THEY'LL ACCEPT THAT THERE'S WAYS TO GO AHEAD. OR YOU CAN HIRE AN ENGINEER TO COME OUT AND WRITE YOU.

ALL RIGHT. OKAY, OKAY. CAN YOU GIVE ME CAN YOU GIVE ME THE CAUSE NUMBER AGAIN FOR THIS CV? 260204502045. IT'S ITEM NUMBER 12 ON THE PER DAY.

FINE. OKAY, GREAT. BECAUSE THIS ORDER IS GOING TO HAVE TO FIND HIM IN COMPLIANCE FOR ONE AND IN VIOLATION FOR THE OTHER. OKAY. ALL RIGHT. I FIND THAT THE RESPONDENT RECEIVED PROPER NOTICE OF TODAY'S HEARING PURSUANT TO CHAPTER 162 OF THE FLORIDA STATE STATUTES.

I ALSO FIND THE RESPONDENT IS IN COMPLIANCE FOR VIOLATION OF SECTION 174.002.

YES. OKAY. AND I FIND THE RESPONDENT IS IN VIOLATION OF.

HOLD ON A SECOND. I MIGHT HAVE TO START THIS OVER AGAIN. I DON'T SEE THE TRASH AND DEBRIS.

1172.002. OKAY. WELL, I WAS LOOKING FOR THE ONE THAT SAYS TRASH AND DEBRIS. THAT ONE WAS CLOSED OUT BEFORE THAT ONE WAS CLOSED OUT.

OKAY, SO WE DON'T NEED THEM THEN. OKAY. THEN STRIKE WHAT I WHAT I SAID.

I FIND THAT THE RESPONDENT RECEIVED PROPER NOTICE OF TODAY'S HEARING PURSUANT TO CHAPTER 162 OF THE FLORIDA STATE STATUTES. I ALSO FIND THAT THE RESPONDENT IS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION. THE RESPONDENT IS ORDERED TO CORRECT THE VIOLATIONS WITHIN 30 DAYS OF THE DATE OF THIS ORDER, OR PAY A FINE OF $50 PER DAY FOR EACH AND EVERY DAY THAT THE VIOLATION CONTINUES PAST THE DATE OF COMPLIANCE.

OKAY. THANK YOU. THANK YOU. THANK YOU SIR.

OKAY. WE'RE GOING TO MOVE ON TO AUTHORIZATION TO IMPOSE FINES.

[ AUTHORIZATION TO IMPOSE FINES (Part 1 of 2)]

WE HAVE. ITEM NUMBER FOUR, CV 26-01115 AT 852 VANCE CIRCLE, NORTHEAST.

CHRIS ROBINSON, CODE COMPLIANCE OFFICER FOR THE CITY OF PALM BAY.

CASE NUMBER CV 26-01115. THIS IS REFERENCE ADDRESS 852 VANCE CIRCLE, ON MARCH 31ST, 2026. DURING A ROUTINE PATROL, I OBSERVED A VIOLATION UNDER CHAPTER UNDER ORDINANCE SECTION 176.020 ACCESSING THE PROPERTY THROUGH AN UNIMPROVED RIGHT OF WAY. ON THIS DATE, I FOUND TWO VEHICLES PARKED IN THE DRIVEWAY AND THERE WAS NO DRIVEWAY IN THE RIGHT OF WAY.

THEY WERE DRIVING THROUGH THE GRASS. I ISSUED A COURTESY LETTER ON FOUR, 2026 FOLLOWED UP, IT WAS STILL IN VIOLATION. I ISSUED A STATEMENT OF VIOLATION, AND ON 512 AND 51326 CONDUCTED A FOLLOW UP.

IT WAS STILL IN VIOLATION, ISSUED A STATEMENT OF VIOLATION AND NOTICE OF HEARING SIX, FOUR, 26 AND 72726. BOTH BOTH FOUND THE PROPERTY IS STILL IN VIOLATION.

ON 81126, THE PROPERTY WAS STILL IN VIOLATION.

THE DAY BEFORE WE CAME BEFORE YOU ON 812, WE FOUND IN VIOLATION AND GAVE IT TIME TO COME INTO COMPLIANCE.

I FOLLOWED UP AGAIN AND THE PROPERTY REMAINS IN VIOLATION.

OKAY. IS THE PROPERTY OWNER HERE? SIR, IF YOU WOULD PLEASE COME UP AND STATE YOUR NAME AND TELL ME WHAT'S GOING ON.

SIR. BRUCE HART. SIR, THIS IS THIS HAS BEEN A NON ISSUE FOR 16 YEARS NOW.

[00:35:05]

AS YOU CAN SEE, IT'S NOT HURTING ANYTHING. THE CITY APPROVED THIS BEFORE THE HOUSE WAS EVEN MINE.

AND THE CODE THAT THEY'RE TRYING TO HOLD ME TO DATES FROM SEPTEMBER OF 2024.

SO I SHOULD HAVE BEEN GRANDFATHERED IN OR AT LEAST OFFERED A VARIANCE.

OKAY. IS THERE ANY REASON WHY YOU WEREN'T ABLE TO BE HERE FOR THE LAST HEARING? THIS IS THE FIRST HEARING I'VE BEEN NOTIFIED OF.

OKAY. DOES CITY HAVE A RESPONSE TO HIS STATEMENT REGARDING THAT THE CONDITION EXISTED BEFORE THE LAW CHANGED? YEAH. FIRST OF ALL, DRIVEWAY APRONS AND ACCESS OVER THE CITY RIGHT OF WAY HAS BEEN IN EFFECT SINCE THE 80S.

THE ORDINANCE MAY HAVE BEEN REVISED IN 2020 OR 2024.

THE PROBLEM THAT WE DO HAVE HERE, WHY HE SAYS IT DOESN'T HURT ANYTHING.

IT ACTUALLY PUTS TOO MUCH STRESS ON THE MIAMI CURB, AND IT IS ACTUALLY CROSSING OVER THE CITY'S PROPERTY, WHICH IS THE RIGHT OF WAY, WHICH IS ALSO DAMAGING THAT.

SO AS YOU KNOW, IN MOST HOUSES, YOU HAVE AN APRON OF SOME KIND THAT JOINS.

NOW, HE'S LUCKY BECAUSE HE DOESN'T NEED A CULVERT PIPE. THERE'S NO SWALE, BUT HE NEEDS TO DO AN APRON FROM THE SIDEWALK TO THE MIAMI CURB THAT PROTECTS THE ACTUAL DRAINAGE OF THE CURB. AND A APRON WOULD BE REQUIRED AS THIS IS AN ADDITIONAL DRIVEWAY.

CORRECT. CHRIS. HE HAS ANOTHER DRIVEWAY ON HIS HOUSE.

SO THIS WAS AN ADDED DRIVEWAY PRIOR TO THE PRIMARY DRIVEWAY.

AND HE WOULD HAVE NEVER BEEN GRANDFATHERED IN TO DRIVE ACROSS CITY RIGHT OF WAY TO ACCESS THOSE DRIVEWAYS.

OKAY. I ALSO BELIEVE THERE WAS PROBABLY MAINTENANCE ON THE ROAD IN THE TIME PERIOD.

IF IT'S BEEN 16 YEARS SINCE THEN I DON'T KNOW WHAT WAS THERE BEFORE, BUT CLEARLY IN THE STATE THAT IT'S IN NOW, IT JUST PUTS TOO MUCH STRESS ON THE STORMWATER SECTION OF THE CITY'S RIGHT OF WAY.

IT NEEDS AN APRON. OKAY, I UNDERSTAND. YEAH. I MEAN, THE, THE IT'S NOT HURTING ANYTHING ARGUMENT DOESN'T DO ANYTHING FOR ME.

EVEN IF IT WASN'T BECAUSE MY JURISDICTION IS, I CAN I CAN FIND YOU IN COMPLIANCE.

I CAN FIND YOU IN VIOLATION, AND I CAN GIVE YOU MORE TIME TO, YOU KNOW, THOSE ARE MY THREE.

I CAN'T SAY I CAN'T SAY YOU'RE IN VIOLATION OF THE RULE, BUT IT'S NOT HURTING ANYTHING.

SO, YOU KNOW, SO WE'RE IN COMPLIANCE. THE GRANDFATHERING ARGUMENT THAT KIND OF THAT PIQUED MY INTEREST A LITTLE BIT, BUT IT SOUNDS LIKE IT SOUNDS LIKE THE STATUTE WAS REVISED, NOT NEW.

SO THIS WAS PROBABLY ALREADY IN VIOLATION WHEN IT WAS FROM FROM THE BEGINNING.

RIGHT. BUT THEY DID APPROVE THIS BEFORE THE HOUSE WAS EVEN MINE.

SO, SO DO YOU HAVE, YOU HAVE RECORDS OF THE PERMIT BEING APPROVED FOR IT.

OKAY. SIR, THE WHAT HE'S TALKING ABOUT IS WHEN THIS WAS BUILT, THE APPLICATION WAS FOR A SHED.

SO THERE WOULD BE NO IDEA THAT THIS WAS GOING TO BE A PARKING GARAGE IF IT WAS KNOWN THAT IT WAS A PARKING GARAGE.

THE REQUEST FOR AN APRON WOULD HAVE BEEN RECOMMENDED.

OKAY. OKAY. THIS WAS JUST A 24 BY 30 SHED ON THE PERMIT.

AND THE PERMIT THAT HE NEEDS IS ACTUALLY GOING TO BE FROM PUBLIC WORKS, NOT FROM BUILDING OR THE BUILDING DEPARTMENT OR GROWTH MANAGEMENT.

SO NOW WHAT HE'S WELCOME TO DO IS HE'S WELCOME TO GO TO PUBLIC WORKS.

AND IF THEY WANT TO GIVE HIM JUST A RIGHT OF WAY UTILIZATION PERMIT AND SAY, NO, YOU DON'T NEED AN APRON, THAT WOULD WORK. I HAVE A FEELING WHEN HE GOES TO THEM, THEY'RE GOING TO SAY, NO, WE WANT AN APRON. SO YOU DON'T DAMAGE OUR OKAY MOTOR SECTION, AND HE NEEDS TO GET A PERMIT FROM THEM AND IS AN APRON JUST JUST THAT SECTION OF CONCRETE THAT'S CONNECTING THE DRIVEWAY TO THE ROAD IS THAT.

YES, IT WOULD BE A BELL SHAPE THAT WOULD GO FROM THE ONE SIDE.

HE COULD ACTUALLY DO IT FOR BOTH AND MAKE IT THAT LONG.

AND IT WOULD COME OUT LIKE A LITTLE BELL AND IT WOULD ATTACH TO THE MIAMI CURB.

HE DOESN'T HAVE TO TAKE THE SIDEWALK DOWN. HE CAN PUT IT AT THE SIDEWALK UP.

AND IT'D BE LIKE A TWO CAR LITTLE APRON. OKAY.

ALL RIGHT. SO DO YOU KIND OF UNDERSTAND WHAT WHAT NEEDS TO BE DONE? YES. BECAUSE I CAN'T I CAN'T FIND YOU IN COMPLIANCE.

YOU ARE YOU ARE IN VIOLATION, BUT I DON'T HAVE A PROBLEM WITH GIVING YOU THE TIME YOU NEED TO BRING THE PROPERTY INTO COMPLIANCE.

OKAY. NOW, I KNOW YOU WEREN'T PREPARED TO ANSWER THIS QUESTION, SO MAYBE THIS IS BETTER FOR THE CITY, BUT ABOUT HOW LONG DO YOU THINK IT WOULD TAKE TO GET THIS, GET ALL THAT DONE, CONSIDERING THAT WE'RE NOT HERE NEXT MONTH AND WE CAN REVISIT THIS IN DECEMBER.

SO HE'S BASICALLY GOING TO GET 60 DAYS. YEAH.

OKAY. AND HE SHOULD BE ABLE TO GET A DRIVEWAY PERMIT IN THAT TIME.

[00:40:06]

THEY TYPICALLY TAKE TWO THREE WEEKS IF YOU HAVE ALL YOUR PAPERWORK.

MAYBE 30 IF YOU DON'T. OKAY. ALL RIGHT. THAT SOUNDS GOOD.

SO WE'LL GIVE YOU 60 DAYS TO GET THE PERMIT. IS THAT GETTING THE PERMIT WILL SOLVE OUR CODE.

GETTING A PERMIT OR GETTING SOMETHING FROM PUBLIC WORKS SAYING THAT IT'S NOT NECESSARY. CORRECT. OKAY. EITHER ONE WOULD SUFFICE.

ALL RIGHT. SO THIS IS SO THIS IS WHAT WE'RE GOING TO DO.

WE'RE GOING TO GIVE YOU 60 DAYS TO GET THAT PERMIT OR THE STATEMENT FROM PUBLIC WORKS SAYING THAT IT'S NOT NECESSARY.

AND THEN, YOU KNOW, IF THAT COMES, IF THAT TURNS AROUND AND THEY SAY, NOPE, SORRY, YOU GOT TO PUT IN, YOU GOT TO PUT IN A FULL APRON. AS LONG AS YOU'RE, YOU'VE GOT THE PROCESS GOING FOR GETTING THE PERMITS FOR THAT.

AND CAN GIVE ME SOME KIND OF ETA ON HOW LONG IT'LL TAKE THEN I'LL GIVE YOU, I'LL GIVE YOU AN ADDITIONAL EXTENSION FOR THAT.

OKAY. SO YEAH, JUST KEEP ON, JUST KEEP ON TOP OF IT BECAUSE WE'LL, YOU'LL HAVE TO, YOU KNOW, BE HERE AT THE DECEMBER MEETING TO, IF NECESSARY, TO ASK FOR AN ADDITIONAL EXTENSION.

OKAY. ALL RIGHT. ALL RIGHT. SO I GUESS I DON'T HAVE TO FIND HIM IN VIOLATION BECAUSE WE ALREADY DID THAT.

AND JUST SO I'LL JUST EXTEND THE DATE OF COMPLIANCE UP TO DECEMBER 13TH, 2026.

EVERYTHING ELSE FROM LAST MONTH OR FROM THE AUGUST ORDER WILL REMAIN THE SAME.

ALL RIGHT. NOW THERE WILL BE ANOTHER HEARING. DECEMBER 13TH.

YES. OKAY. IS THAT IF YOU'RE NOT IN COMPLIANCE, IF YOU COME INTO COMPLIANCE PRIOR TO THAT, THEN THERE'LL BE NO ANOTHER HEARING. SO IF YOU GET A PERMIT OR YOU GET SOMETHING FROM PUBLIC WORKS, THE CASE WOULD BE CLOSED. OKAY. OUR MEETING IS DECEMBER 9TH.

SO WE COULD EITHER SCHEDULE HIM FOR DECEMBER 9TH.

IT WOULD BE A LITTLE LESS THAN THE 60 DAYS. OR YOU COULD PUSH HIM TO JANUARY, WHICH WOULD BE JANUARY 13TH.

WELL NO, LET'S KEEP THIS. LET'S KEEP DECEMBER 13TH BECAUSE THEN HE WILL.

HE'LL HE'LL STILL BE IN THE COMPLIANCE PERIOD WHEN WE HAVE THE HEARING.

SO WE SHOULD I MEAN, YOU SHOULD KNOW BY THEN IF IF IT'S GOING TO BE A BIGGER DEAL OR IF HE'S ALREADY GOT THE PERMITS.

OKAY. ALL RIGHT. THAT'S IT. THANK YOU.

OKAY. OUR NEXT CASE ON THE AUTHORIZATION TO IMPOSE FINES IS ITEM NUMBER TEN.

IT'S CV26-01700. AND THIS IS AT 1232 DAWN STREET, NORTHEAST.

THE COURT OFFICER IS VALERIE STURGIS.

VALERIE STURGIS, CODE COMPLIANCE OFFICER, CITY OF PALM BAY.

PRESENTING CASE NUMBER CV 26-1700. THIS CASE CAME TO THE BOARD.

THIS WAS. JUST THE SECOND HEARING. JEANNIE. OKAY, SO THIS CASE CAME BEFORE YOU IN AUGUST. IT'S ON THE AUTHORIZATION TO IMPOSE.

AND THEY WERE CITED FOR SECTION 74.25 C 174.25 D 74.25 H 9303 AND 150.41 A TWO. THEY WERE SENT A COURTESY LETTER ON MAY 26TH. OKAY. AND THEN A STATEMENT OF VIOLATION AND NOTICE OF HEARING WAS SENT ON JUNE 16TH, 2026. THERE WAS NO CONTACT FROM THE OWNERS AND VERY LITTLE PROGRESS HAS BEEN MADE.

OKAY. ALL RIGHT, MA'AM, IF YOU WOULD PLEASE STATE YOUR NAME AND TELL ME WHAT'S GOING ON.

SYLVIA. KIMREY. OKAY. AND WHAT TELL ME WHAT YOUR SIDE OF THE STORY, BUT TELL ME.

TELL ME YOUR SIDE OF THE STORY REGARDING THESE VIOLATIONS. I'M THE HOMEOWNER.

MY SON, HIS WIFE AND THREE KIDS LIVE THERE WITH ME, AND TRYING TO GET THEM TO MOTIVATED TO HELP ME HAS BEEN A REAL PROBLEM.

I'M ON A LIMITED INCOME AND RIGHT NOW I'M JUST ABOUT SUPPORTING ALL OF THEM FINANCIALLY.

BUT MY SON HAS BEEN STEPPING UP. HE'S BEEN TRYING TO KEEP THE GRASS CUT UP.

HE GOT RID OF SOME OF THE TRASH AND STUFF AROUND THE YARD, BUT HE DOESN'T HAVE A DRIVER'S LICENSE.

OKAY. THERE IS NO WAY OF HIM GETTING THE CARDS OUT.

THE ONE THAT'S IN THE DRIVEWAY WITH THE BROKEN WINDSHIELD.

[00:45:01]

I'M GOING TO HAVE IT SALVAGED. I DON'T CARE WHAT THEY SAY.

BUT I DON'T CARE IF MY FAMILY LIKES ME WHEN I'M DONE.

THEY HAVE MOVED THE TWO THAT WERE OVER TO THE.

I GUESS IF YOU'RE FACING THE ROAD, IT'S THE LEFT PART OF THE HOUSE.

THOSE TWO HAVE BEEN MOVED. HIS TRUCK IS PARKED BECAUSE LIKE I SAID, HE DOESN'T HAVE A DRIVER'S LICENSE AND IT'S PARKED RIGHT BESIDE THE DRIVEWAY. AND I HAVE A TWO CAR TYPE DRIVEWAY.

IT'S A CIRCLE THAT GOES FROM ONE SIDE TO THE OTHER.

AND ALL THEIR STUFF IS PARKED OR STORED INSIDE MY GARAGE RIGHT NOW.

BUT I HAVE BEEN ON THEM. HE'S BEEN CUTTING THE GRASS BETTER.

OKAY. AND TAKING CARE OF THAT. THE TIRE AND STUFF THAT WAS DOWN BY THE ROAD.

WE GOT RID OF THAT. THERE'S BEEN A BUNCH OF TRASH THAT'S GONE.

AND I WANT THE REST OF IT GONE. I REALLY DO. OKAY.

ALL RIGHT. HE'S SUPPOSED TO BE SELLING THOSE TRAILERS IN THE BACK YARD.

SO IT DOESN'T LOOK LIKE OVERGROWN GRASS IS PART OF THE VIOLATION.

SO HE'S BEEN, I GUESS HE'S BEEN TAKING CARE OF THAT PART.

AND YOU SAID YOU'VE BEEN WORKING ON THE TRASH AND DEBRIS.

WHAT ELSE, WHAT ELSE DO YOU, WHAT ELSE IS LEFT FOR CLEARING UP THAT.

WHAT ELSE IS REMAINING FOR CLEARING UP THE TRASH AND DEBRIS.

I'M TRYING TO GET A DUMP TRAILER IN THERE TO HAVE STUFF THEY HAVE STORED ON A BACK PATIO ON MY HOUSE AND GET IT ALL OUT OF THERE.

AND THE CAR SEATS THAT BELONG IN THE CAR, IN THE DRIVEWAY ARE SUPPOSED TO BE MOVED TODAY.

OKAY. AND LIKE I SAID, I DON'T CARE IF THEY LIKE ME OR NOT.

I'M GETTING TOWED OUT OF THERE. OKAY. DO YOU HAVE A HAVE YOU CONTACTED A TOW COMPANY? A COMPANY TO TAKE CARE OF THAT? I TALKED TO MY GRANDSON ABOUT IT, BUT HE HAD TO BE OUT OF STATE FOR 16 DAYS, AND HE JUST GOT BACK AND HASN'T HAD TIME TO DO IT YET.

OKAY. THE TRASH AND CONTAINERS THAT THAT, YOU KNOW, SHOULD NOT BE OUTSIDE OF THE CURBSIDE AFTER 5 P.M.

THE DAY PRIOR FOR COLLECTION. I MEAN, THAT ONE SHOULD BE, THAT SHOULD BE AN EASY FIX.

YOU JUST BRING THE, BRING THE TRASH CANS IN. HAS THAT BEEN TAKEN CARE OF? THERE IS A LOT OF STUFF. I DON'T KNOW IF YOU'RE LOOKING AT THE PICTURES, THERE'S VERY MINIMAL THAT'S BEEN DONE.

THE GRASS IS TRYING TO. THEY ARE TAKING CARE OF THE GRASS SOMEWHAT.

TRASH AND DEBRIS IS NOT AS BIG OF A PROBLEM AS THE STUFF IN THE BACKYARD.

OKAY. THERE'S TRAILERS, THERE'S JUNK VEHICLES.

THERE'S SOME TRASH BACK THERE. THERE'S THE PHOTO, ONE OF THE PHOTOS OF THE BACKYARD.

OKAY, SO THE BACKYARD IS NOT FENCED IN, SO IT'S ALL AND THEY ARE ON A CORNER AND THEY ARE USING ACCESSING FROM THE ROAD ACROSS THE SIDEWALK INTO THE BACKYARD.

YEAH. OKAY.

ALL RIGHT. YEAH. YOU'VE GOT YOUR YOU'VE GOT YOUR WORK CUT OUT FOR YOU WITH WITH MY STUFF EVEN.

I KNOW. THAT'S THAT, THAT KIND OF CONCERNS ME.

IT'S NOT. YEAH. AT THIS JUNCTURE, IT MAY BE MORE BENEFICIAL NOT TO KEEP A CLOCK ON HER AND GO AHEAD AND LET THE FINE BE IMPOSED AND LET THEM WORK ON GETTING THIS CLEANED UP AT THEIR LEISURE, AND THEN ALLOWING HER TO COME BACK FOR A LEAN REDUCTION AND REDUCING THE FINE BASED ON ALL OF THE ISSUES THAT SHE'S HAVING, GETTING RID OF IT.

WE KIND OF KNOW ABOUT IT NOW. SO THAT WOULD ALL BE TAKEN INTO CONSIDERATION DURING A LEAN REDUCTION HEARING.

AND THEN THAT WAY THERE'S NOT A CLOCK PLAYING BEAT THE CLOCK BECAUSE I'LL BE HONEST WITH YOU, THAT'S A LOT OF AUTOS AND A LOT OF VEHICLES. AND IF HE DOESN'T HAVE A LICENSE I DON'T KNOW HOW THEY'RE GOING TO JUST TOW THEM AWAY.

IT DOESN'T SOUND LIKE THEY HAVE THE FUNDS TO JUST GO AHEAD AND DO THAT.

SO AT THIS JUNCTURE, IT MIGHT BE BETTER TO LET THE CASE RUN ITS COURSE AND THEN BRING IT BACK UP UNDER A HARDSHIP FOR A LIEN REDUCTION AND EXPLAIN WHAT TOOK SO LONG.

AND THEN WE CAN KIND OF RECTIFY ANY LIENS THAT ARE IMPOSED AT THAT TIME BASED ON THE PROGRESS AND COMPLIANCE IN THE CASE.

YEAH. I, I UNDERSTAND THE STRATEGY THERE AND IT, IT DOES, IT DOES MAKE A CERTAIN AMOUNT OF SENSE.

HOWEVER I JUST CAN'T PREDICT WHAT THE CIRCUMSTANCES ARE GOING TO BE.

YOU KNOW, WE'VE HAD SOME OF THESE LEAN REDUCTIONS THAT, YOU KNOW, IT'S YEARS DOWN THE ROAD AND YOU KNOW, I, I MIGHT NOT BE HERE. IT MIGHT BE SOMEBODY WITH A TOTALLY DIFFERENT OUTLOOK ON HOW TO ENFORCE THESE THINGS.

AND I WOULD HATE TO HAVE A, YOU KNOW, $100,000 FINE SITTING OUT THERE.

BUT I THINK THERE IS, I THINK IT DOES, IT DOES MAKE SENSE AT A POINT TO DO THAT.

BUT FOR RIGHT NOW I PREFER TO GIVE HER A LITTLE EXTRA TIME.

[00:50:07]

OBVIOUSLY YOU'RE GOING TO HAVE TO HIRE PEOPLE TO DO ALL THIS WORK.

BUT WHAT CONCERNS ME THOUGH, IS THAT YOU'RE SAYING THAT THIS STUFF ISN'T YOURS.

SO IT JUST CONCERNS IT CONCERNS ME THAT YOU CAN GET THE DUMP COMPANY OUT THERE TO COME AND HAUL AND HAUL EVERYTHING AWAY, BUT THEN YOUR SON COULD GET IN, GET INVOLVED AND SAY, NO, IT'S MY STUFF.

I DON'T I DON'T WANT YOU CAN'T TAKE IT, WHICH I THINK WILL BRING.

I THINK THAT MIGHT OPEN UP A WHOLE DIFFERENT CAN OF WORMS. SO I'M GONNA.

I'M GOING TO GIVE YOU 60 DAYS, SO I'M GOING TO GIVE YOU 60 DAYS.

OKAY. TO TO GET THIS, TO GET THIS WORKED OUT.

I, I, I'M, I'M CONCERNED BECAUSE I THINK IT'S GOING TO BE, IT'S GOING TO BE TOUGH.

I MEAN, NOT JUST TO GET THE STUFF OUT. I'M GOING TO DO IT PRETTY SOON.

OKAY. I'VE HAD ENOUGH. YEAH. OKAY. IT. YEAH. AFTER THE 60 DAYS THEN, YOU KNOW, AS AS THE CITY WAS SAYING, THE FINES WILL START TO ACCRUE AND, YOU KNOW, SAY, YOU KNOW, IF IT TAKES YOU A YEAR TO GET ALL THIS STUFF WORKED OUT, THEN THERE'S ANOTHER PROCESS WHERE YOU CAN ASK FOR THE FINES TO BE REDUCED BASED ON THE HARDSHIP.

SO AND THEN BUT WE CAN, WE CAN ADDRESS THAT DOWN THE ROAD.

SO AND I'LL STAY IN TOUCH WITH YOU. YES, MA'AM.

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

I ALSO FIND THAT THE RESPONDENT IS IN VIOLATION OF THE CODE SET FORTH IN THE STATEMENTS OF VIOLATION.

OH, I DON'T I DON'T NEED TO READ THAT BECAUSE SHE'S ALREADY BEEN. YES, IT'S ALREADY GONE. YEAH. ALL RIGHT. JUST SCRATCH THAT. WE WILL JUST.

EVERYTHING FROM MY PREVIOUS ORDER WILL REMAIN, EXCEPT THAT WE ARE AMENDING IT TO MAKE THE DATE OF COMPLIANCE.

DECEMBER 13TH, 2026. OKAY. ALL RIGHT. THAT'S IT.

OKAY. THANK YOU. YEAH. THANK YOU. YOU'RE WELCOME. THANK YOU ALL.

OKAY. OKAY, WE'RE GOING TO MOVE ON TO THE LEAN REDUCTIONS.

[CODE COMPLIANCE LIEN REDUCTIONS]

OKAY. THIS IS. BOTH CASES ARE THE SAME PROPERTY, SAME OWNER.

THEY ARE CV 24-02869 AND CV 2501658, BOTH AT 1431 EL GRANDE BOULEVARD SOUTHEAST.

SO FOR THE RECORD, DENNIS BOND, COMPLIANCE MANAGER, AFTER REVIEWING THE APPLICATION, THE CASE AND THE SEVERITY OF THE VIOLATION AND LENGTH OF TIME IT TOOK TO CORRECT THE VIOLATION ALONG WITH THE MARKET VALUE OF THE PROPERTY.

AND THE FIRST CASE, CV 2402869. STAFF RECOMMENDS A REDUCTION TO $1,140 FROM THE $10,136.34, AND ON THE SECOND CASE, CV 25-01658. STAFF RECOMMENDS A REDUCTION FROM THE 12,247 TO $2400 TO A TOTAL AMOUNT FOR BOTH CASES TO BE $3,540, PLUS $750 COST OF PROSECUTION. OKAY, SO FOR A TOTAL OF 42, 90.

YES. OKAY. ALL RIGHT. IS THE PROPERTY OWNER HERE? PROPERTY OWNER? MY SON. OKAY. HAVE HAVE YOU BEEN SWORN IN? I DON'T YES. OKAY. OKAY. I HAVE A STATEMENT. HE PREPARED FOR YOU.

CAN I GIVE IT TO YOU? YEAH. THAT SHOULD BE IN THE PETITION FOR RELIEF.

RELIEF? CORRECT? YES. OKAY.

[00:55:05]

ALL RIGHT. SIR. DO YOU HAVE ANYTHING YOU'D YOU'D LIKE TO SAY? JUST THAT DURING THAT TIME PERIOD, HE HAD JUST SUFFERED A DIVORCE WHERE HIS WIFE TOOK THE KIDS, SAID, I'M GOING TO THE PARK AND TOOK HIM TO TEXAS.

OH, GEEZ. AND HE WENT INTO A SPIRAL WHERE HE WAS.

HE COULDN'T FUNCTION WHATSOEVER. WE, MY MY WIFE AND MYSELF COULD NOT REALLY HELP HIM BECAUSE WE WERE DEALING WITH HIS HER SISTERS HAD CANCER IN PLANT CITY.

SO WE SPENT MOST OF THAT PERIOD OVER HOSPICE CARE, TAKING CARE OF HER SISTER.

SO HE WAS PRETTY MUCH HERE ON HIS OWN, TRYING TO DEAL WITH THE LOSS OF HIS FAMILY AND THE IT JUST BECAME A TOTAL MESS. OKAY. HE WAS TOTALLY UNABLE TO FUNCTION.

AND SINCE THEN HE HAS MOVED TO TEXAS. HE HAS LOST HIS JOB.

HE IS LIVING IN A RV AND. PRETTY MUCH DESTITUTE.

I HAD TO SEND MONEY LAST WEEK TO EAT. SO I'M SORRY TO HEAR THAT.

THAT SOUNDS THAT SOUNDS PRETTY ROUGH. WELL, IT'S MORE THAN THAT, BUT IT WAS ALSO ABOUT THREE OTHER DEATHS GOING ON DURING THAT SAME TIME PERIOD. AND HIS MOTHER PASSED JUST A FEW MONTHS AGO, SO.

OKAY. I'M SORRY. MY CONDOLENCES. I SEE HERE ON THE APPLICATION, IT SAYS THE PROPERTY IS FACING FORECLOSURE.

YES. IS IS THAT THAT'S IS THAT FROM THE BANK OR FROM.

YES. FROM THE BANK, I BELIEVE. YES. OKAY. SO WHAT ARE THE TO THE EXTENT THAT, YOU KNOW, WHAT ARE THE PLANS WITH THIS FORECLOSURE? IS IT BEING FOUGHT OR IS IT BEING IS HE LETTING THE BANK TAKE THE HOUSE? NO, HE'S TRYING TO WORK OUT SOMETHING. I DON'T KNOW WHY IT HAS BEEN FORECLOSED, BECAUSE I DON'T THINK HE'S MADE A PAYMENT IN 3 OR 4 YEARS.

AND THE LIENS HAVE KIND OF STOPPED SOME OF THAT PROCESS FROM GOING FORWARD, BECAUSE $22,000 TIED ON TO THE HOUSE, WHAT HE OWES AND PROPERTY VALUES GOING DOWN AND MORTGAGE RATES, WHAT THEY ARE RIGHT NOW, HE HASN'T BEEN ABLE TO SELL OR DO ANYTHING WITH IT.

AND, MR. MAGISTRATE, IF I CAN AND JEANNIE CAN CORRECT ME IF I'M WRONG, I DON'T BELIEVE THAT THERE'S ACTUALLY BEEN A FORECLOSURE DATE SET.

I BELIEVE THEY WERE HOLDING FOR A SHORT SALE OF THE PROPERTY TO SOMEBODY.

AND BECAUSE OF THE CODE LIENS AND THAT INTERRUPTS THE SHORT SALE PREVENTS THE SALE FROM HAPPENING.

I READ THAT IN THE COURT RECORDS. SO THAT'S ONE OF THE REASONS STAFF LOWERED TO WHERE WE WERE, WHERE IT'S A MORE MANAGEABLE AMOUNT SO THAT HE COULD DO THE SHORT SALE AND AVOID THE FORECLOSURE.

OKAY. BUT I'M ASSUMING IF HE CAN'T DO THE SHORT SALE IN THE LENGTH OF TIME THAT THEY'LL PROCEED FORWARD WITH A FORECLOSURE HEARING, AND THEN, OF COURSE, FINAL JUDGMENT AT THAT TIME.

RIGHT. AND I THINK THIS THE CITY'S YOU HEARD THE CITY'S OFFER 40 A TOTAL OF 42, 90, WHICH I THINK IS I THINK THAT'S PRETTY REASONABLE. DO YOU HAVE ANY ISSUES WITH THAT? BECAUSE I BELIEVE YOU'RE RIGHT. IT IS REASONABLE, SIR.

I HE HAS NO WAY OF REPAYING IT. I MEAN IT'S GOING TO HAVE TO COME OUT OF HIS HAIR OR SOMETHING, BUT YEAH. OKAY. I, I THINK THE CITY'S GOT THE RIGHT NUMBER ON HERE, SO I'M GOING TO, I'M GOING TO GO WITH THE CITY'S NUMBER.

BUT I THINK I'M GOING TO GIVE YOUR SON A LONGER PERIOD OF TIME TO PAY IT.

BECAUSE, I MEAN, IF THE FORECLOSURE GOES THROUGH, WE'RE REALLY JUST SAVING THE BANK MONEY.

RIGHT. YOU KNOW BUT I, I'D LIKE TO GIVE HIM MORE TIME THAN JUST THE STANDARD, YOU KNOW.

IS IT 30 OR 60 DAYS? WE USUALLY GIVE TO 30. YEAH.

I'M GOING TO GIVE HIM 180 DAYS TO PAY IT. YOU KNOW, HOPEFULLY IN THAT TIME THE SHORT SALE THING WILL WORK OUT.

I MEAN, I THINK 40, 42, 42, 90 IS PROBABLY A MUCH MORE PALATABLE NUMBER FOR A SHORT SALE BUYER.

BUT THEN, YOU KNOW, IF IT, IF THE PROBLEM IS, IF HE DOESN'T PAY THAT WITHIN 180 DAYS.

THEN IT GOES, THE VIOLATIONS REVERT BACK TO THEIR ORIGINAL FINES.

SO THEN WE'RE BACK IN THE SAME, YEAH. SAME BOAT.

THAT'S WHY I'M, I'M GIVING HIM SIX MONTHS INSTEAD OF THE USUAL 30 DAYS.

THANK YOU. AND, AND THEN, YOU KNOW, IF IT GETS FORECLOSED, IT'S, IT'S JUST THE BANK RECEIVING MONEY FOR.

[01:00:01]

SO. ALL RIGHT. DO WE HAVE A, A SCRIPT THAT I NEED TO READ FOR THIS ONE? OKAY. ALL RIGHT. SO WE WILL ACCEPT THE CITY'S RECOMMENDATION AND REDUCE THE FINES TO FOUR.

I'M SORRY. LET ME. JUST TO BE CLEAR. FROM THE CITY.

2501658. THAT'S THE ONE THAT'S BEEN REDUCED TO $1,140.

CORRECT. OKAY. ALL RIGHT. SO I WILL ACCEPT THE CITY'S RECOMMENDATIONS AND FOR THE VIOLATION OF CV 2501658.

THE FINE IS REDUCED TO $1,140 AND FOR CV 2402869, THE FINE IS REDUCED TO $2,400, FOR A TOTAL OF $3,540 IN FINES, PLUS AN ADDITIONAL $750 FOR ADMINISTRATIVE COSTS.

BOTH WILL NEED TO BE PAID WITHIN 180 DAYS, WHICH IS APRIL 12TH, 2027.

OKAY. THANK YOU. THANK YOU. THANK YOU VERY MUCH, SIR. THANK YOU. WOULD YOU LIKE TO TAKE A SHORT INTERMISSION TO REVIEW ALL THE EVIDENCE PACKET? ACTUALLY. ACTUALLY. DO YOU GUYS HAVE.

WE ACTUALLY DON'T HAVE ANYTHING, BUT I JUST REALIZED THAT THERE WAS SOMETHING ON THE DOCKET FOR A LONG TIME AGO THAT I'M INTERESTED IN, LIKE WORKING WITH THE HOMEOWNER TO PURCHASE THE PROPERTY.

I THINK I SPOKE WITH MR. DENNIS MAYBE ABOUT THAT.

OKAY. I JUST DIDN'T WANT YOU TO. I DIDN'T WANT YOU TO HAVE TO WAIT AROUND FOR ME TO. IF YOU'RE HEARING TODAY, THEN, YOU KNOW, AT THIS POINT, THE HEARING THERE'S MORE TO DO.

BUT I HAVE TO BASICALLY PAUSE IT SO I CAN REVIEW THE RECORD BEFORE I MAKE BEFORE I MAKE THE REST OF MY RULINGS.

AND I JUST IF YOU HAD IF YOU HAD SOMETHING TO BE HEARD, I DIDN'T WANT TO MAKE YOU WAIT FOR ME TO DO THAT. I JUST NOTICED THAT THERE WAS SOMETHING ON HERE THAT I WAS WORKING WITH THE HOMEOWNER. OKAY.

WELL, THAT WOULD COME UP AT ANOTHER TIME. WELL, IF YOU HAVEN'T HEARD IT ALREADY, IT'S PROBABLY GOING TO COME UP AFTER.

ALL RIGHT, I'M ALL SET. I DO HAVE TWO CASES THAT HAVE COME INTO VOLUNTARY COMPLIANCE.

[CODE COMPLIANCE HEARINGS: PER DAY FINES (Part 3 of 3)]

IT'S ITEM NUMBER 15 ON THE SET OR THE PER DAY.

FINE. CV 26-01900 AT 501 HAMM STREET SOUTHWEST AND ITEM NUMBER 33, CV 26-02240 AT 2981 SAILFISH STREET, NORTHEAST.

AN OWNER. A REPRESENTATIVE FOR THE FOLLOWING CASES ON THE PER DAY FINE AGENDA HAVE FAILED TO APPEAR FOR TODAY'S MEETING.

THOSE ARE CV 26-01795, A 1598 STARBOARD STREET, NORTHWEST.

CV 26-01838 AT 1453 JASPER AVENUE, NORTHWEST CV2600624, AT 723 GLADYS AVENUE, NORTHWEST CV2601973 AT 1087 LAMPLIGHTER DRIVE, NORTHWEST.

CV2602032 AT 146 EMERSON DRIVE, NORTHWEST.

CV2601683 AT 1000 PATIA DRIVE, NORTHWEST CV2601782 AT 1150 CARTHAGE AVENUE. NORTHWEST CV26-01971 AT 1200 HOLLYWELL STREET. NORTHWEST CV2601972 AT 1079 LAMPLIGHTER DRIVE, NORTHWEST.

CV2602099 AT 1398 EARLING AVENUE NORTHWEST CV26-01680 AT 1874 PACE DRIVE NORTHWEST.

CV26-01460 AT 1391 CARTER ROAD, SOUTHWEST.

CV2602019 AT 861 HAPPINESS AVENUE. SOUTHWEST CV2602335 AT 185 BEACH ROAD. NORTHWEST.

[01:05:03]

CV2602346521 BOARD AVENUE. NORTHWEST CV2602367559 AUSTRALIAN ROAD NORTHWEST.

CV26023703333 NAVAJO AVENUE. SOUTHWEST CV26021103018 BAILEY TERRACE, NORTHEAST V26-02388. 3166 EASTMAN AVENUE, NORTHEAST CV26023147.

51 BAHAMA STREET NORTHEAST V 26022091106 CROMIE ROAD.

NORTHEAST C. V 2602271 AND 1836 CLEVELAND STREET, NORTHEAST CV26020682247 PORT MALABAR BOULEVARD, NORTHEAST CV2602217 AT 2254 PORT MALABAR BOULEVARD, NORTHEAST CV2602261 AT 5040 DIXIE HIGHWAY NORTHEAST NUMBER 23.

CV2601996. 1877 GLENWOOD STREET NORTHEAST 6021111173 IN LANE NORTHEAST V.

2602644 3096 DAIRY TERRACED NORTHEAST. C V.

26022392995 SAILFISH STREET, NORTHEAST C V.

26023861126 CABLE LANE, NORTHEAST C V. 2602624 1860 QUINN AVENUE, NORTHEAST C V. 26017792575 HAVRE HILL ROAD, NORTHEAST. CV26-01781. 2579 HAVRE HILL ROAD, NORTHEAST C V.

26017342532 HOWEVER, HILL ROAD, NORTHEAST C V.

025082572 SOUTH OVERDRIVE NORTHEAST CV. 26019539 90 PENELOPE AVENUE, NORTHEAST V. 2602662 4050 GOLDEN DOVE AVENUE NORTHEAST CV. 2603172653 ABYDOS STREET NORTHEAST CV.

2603653 AT 1798 GLENWOOD STREET NORTHEAST CV.

26036752583 CHATHAM WAY, NORTHEAST CV. 2602372 AT 1855 SAN FILIPPO DRIVE, SOUTHEAST CV. 2602249 AT 1657 WHITING STREET, SOUTHEAST CV. 02113 AT 692 TRINIDAD AVENUE, SOUTHEAST.

CV 26-02236. 1180 SANFELIPPO DRIVE, SOUTHEAST.

CV 2601906. 1872 THORNTON AVENUE SOUTHEAST. THAT'S IT.

THESE CASES WILL NOW PROCEED WITHOUT FURTHER TESTIMONY, AND THE SPECIAL MAGISTRATE IS REQUESTED TO MAKE A DETERMINATION BASED UPON THE EVIDENCE FILED. PRESENTED. THE CITY REPRESENTS THAT ALL RESPONDENTS HAVE BEEN SERVED AND OR NOTICED.

ACCORDING TO CHAPTER ONE, 62 OF THE FLORIDA STATE STATUTES AND THE PALM BAY CODE OF ORDINANCES.

THE RESPONDENTS ARE NOT PRESENT TO BE HEARD. 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 THEIR STATEMENTS OF VIOLATION, THAT THE SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND SET THE DAILY FINE TO BE IMPOSED IF 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 OCTOBER 29TH, 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.

[01:10:02]

THE VIOLATIONS CONTINUE PAST THE DATE OF COMPLIANCE.

AND OWNER REPRESENTATIVE FOR THE FOLLOWING CASES ON THE SET FINE AGENDA HAVE FAILED TO APPEAR FOR TODAY'S HEARING.

THEY ARE CV 26-01919 AT 550 JUPITER BOULEVARD, NORTHWEST V26-01738 AT 1826 CYCLONE STREET, NORTHWEST. CV 26-01794. 1590 ALBERNI STREET NORTHWEST.

CV 26-02174. 1396 GIBBS ROAD, SOUTHWEST. CV 2602914581 WAYLAND AVENUE SOUTHWEST. CV 260236683. 71 MOTT STREET, SOUTHWEST. CV 26023614.

91 SCALLION ROAD, SOUTHWEST. CV 26023093226 LAKELAND AVENUE, SOUTHWEST.

CV 2602307 AT 1072 ALTAMIRA STREET, NORTHWEST.

CV 26018961318 DEFENDER STREET, SOUTHWEST CV 26-02262 AT 2393 SHENANDOAH ROAD, NORTHEAST. CV 2602509. 2918 GEMINI AVENUE, NORTHEAST.

CV 2601274. 1640 PALATKA ROAD, SOUTHEAST. CV 2601884.

2163 SAN SUU KYI AVENUE, SOUTHEAST. CV 26023043001 ELDON BOULEVARD, SOUTHEAST. CV 2602741. 1649 WALDO STREET, SOUTHEAST.

CV 2602686. SORRY, THAT ONE WILL BE THE NEXT ONE.

STRIKE THAT ONE. THESE CASES. THESE CASES WILL NOW PROCEED WITHOUT FURTHER TESTIMONY, AND A SPECIAL MAGISTRATE IS REQUESTED TO MAKE THE DETERMINATION BASED UPON THE EVIDENCE FILED.

PRESENTED. THE CITY REPRESENTS THAT ALL RESPONDENTS HAVE BEEN SERVED AND OR NOTICED.

ACCORDING TO CHAPTER ONE, 62 OF THE FLORIDA STATUTES AND THE PALM BAY CODE OF ORDINANCES.

THE RESPONDENTS ARE NOT PRESENT TO BE HEARD. THESE 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 CODES SET FORTH IN HER STATEMENT OF VIOLATION, AND THAT THE SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND IMPOSE A SET FINE OF $200.

IF THE RESPONDENTS FAIL TO COME INTO COMPLIANCE, THE CITY ALSO REQUESTS FROM THE SPECIAL MAGISTRATE TO 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 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 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 OCTOBER 24TH, 2026, 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 TO CHARGE THE PROPERTY OWNER WITH THE REASONABLE COST OF THE ACTIONS, ALONG WITH THE IMPOSED FINE.

AN OWNER, A REPRESENTATIVE FOR THE FOLLOWING CASES ON A SET FINE AGENDA HAVE FAILED TO APPEAR FOR TODAY'S HEARING.

THAT IS CASE C, V DASH OR CV 26-02686, AND 271 NARDO AVENUE SOUTHWEST.

THESE CASES WILL PROCEED WITHOUT FURTHER TESTIMONY, AND A SPECIAL MAGISTRATE IS REQUESTED TO MAKE THE DETERMINATION BASED UPON THE EVIDENCE FILED. PRESENTED. THE CITY REPRESENTS THAT ALL RESPONDENTS HAVE BEEN SERVED AND OR NOTICED.

ACCORDING TO CHAPTER ONE, 62 OF THE FLORIDA 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 STATEMENT OF VIOLATION, THAT THE SPECIAL MAGISTRATE SET A REASONABLE TIME FOR COMPLIANCE AND SET A FINE OF $200 IF THE RESPONDENTS FAIL TO

[01:15:04]

COME INTO COMPLIANCE BY THE COMPLIANCE DATE. I FIND THAT ALL 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 OCTOBER 24TH, 2026, WHICH IS TEN DAYS AFTER THE DATE OF THIS ORDER TO BRING THE RESPECTIVE PROPERTIES INTO COMPLIANCE, OR THE CITY IS AUTHORIZED TO IMPOSE A SET FINE OF $200 FOR THE VIOLATION.

[ AUTHORIZATION TO IMPOSE FINES (Part 2 of 2)]

OUR LAST SECTION, AUTHORIZATION TO IMPOSE FINES.

THE CITY IS REQUESTING THE CODE ENFORCEMENT SPECIAL MAGISTRATE FINAL 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 LISTED ON THE AUTHORIZATION TO IMPOSE FINES REPORT IN NONCOMPLIANCE FOR THE PERIOD STATED ON THE REPORT, AND IMPOSE THE FINES AND ADMINISTRATIVE COSTS AS LISTED ON THE REPORT DATED OCTOBER 14TH, 2026.

ALL RIGHT. ALL RIGHT. THEN WE WILL ADJOURN AT 228 AND THE NEXT THE NEXT HEARING WILL BE DECEMBER 9TH,

[NEXT BOARD MEETING DATE: December 9, 2026 ]

2026.

* This transcript was compiled from uncorrected Closed Captioning.