Feb 05, 2020 Special Magistrate Hearing

[1. CALL TO ORDER]

[00:00:04]

>> GOOD MORNING. MY NAME IS FRAN ROSS. I THE SPECIAL MAGISTRATE WHO WILL BE PRESIDING OVER THIS MORNING'S HEARING. YOU RECEIVED NOTICE YOUR PROPERTY WAS POSSIBLY IN VIOLATION OF A PARTICULAR CODE OF ORDINANCE AND GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT IT AND AS OF THIS MORNING YOU HAVE NOT AND YOU WISH TO BE HEARD. I WILL CALL YOUR CASE SHORTLY FOR THOSE WHO WANT TO BE HEARD. IN THE MEANTIME, IF YOU DON'T MIND, PLEASE STAND FOR THE

PLEDGE OF ALLEGIANCE. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDERGOD, IN DO VISIBLE -- INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

>> COURT OFFICERS PLEASE COME FORWARD AND BE SWORN. >> PLEASE RAISE YOUR RIGHT

HAND AND STATE YOUR NAME FOR THE RECORD. >> DO YOU SWEAR OR AFFIRM THE

TESTIMONY YOU ABOUT TO GIVE WILL BE THE TRUTH? >> YES.

>> THANK YOU. >> WHEN YOU ARE READY CALL THE FIRST CASE.

[M. 19-3168 CE 612 S US Highway 1 S M Kunbi Inc Heather Debevec]

>> THE FIRST IS 193168 SOUTH U.S. HIGHWAY 1.

>> WHEN YOU ARE READY. >> TAKE YOUR TIME. >> MISS IMAGINE -- MAGISTRATE I -- THERE ARE TWO CASES IF WE CAN KEEP THEM SEPARATE TO BE EASIER TO FOLLOW.

THERE ARE TWO BECAUSE OF THE TYPINGS FOR MAKING CORRECTIONS.

THE FIRST ONE 19-3168612 SOUTH U.S. 1. CASE INITIATED ON NOVEMBER 1ST 2019 SECTION 1646 TO 1647 AND 1648 AND SUBSECTION 1 AND SUBSECTION 5 OUTSIDE STORAGE. REQUEST THEY MOVE IN OR PLACE IN A SHED THE BOARDS ALONG THE FENCE LINE. THE TRASH AND OTHER ITEMS IN THE SOUTHEAST CORNER OF THE PROPERTY. THE AIR CONDITIONERS FROM THE NORTH SIDE AND THE TARP BY THE POOL. THE CITY REQUEST IF THE MAGISTRATE FINDS A VIOLATION EXISTS 10 DAYS TO COMPLY OR $50 A DAY BE ASSESSED. SOME OF THESE ITEMS HAVE BEEN MOVED ORIE MOVED FROM THE -- OR REMOVED FROM THE YARD. THEY HAVE BEEN WORKING ON IT.

THE TARP AND SOME OF THE BUCKETS ARE BY THE POOL AND THERE ARE STILL SOME BOARDS BY THE FENCE LINE. THERE IS A GENTLEMAN HERE TO REPRESENT THE PROPERTY.

I BELIEVE MR. PATEL. HE HAS BEEN WORKING ON IT. I DO HAVE PHOTOS TO SUBMIT.

>> AND DO THEY FAIRLY AND ACCURATELY DEPICT? >> YES.

>> AND DID MR. PATEL GET A CHANCE TO SEE THEM? >> YES, MA'AM.

>> AND SO WE WOULD MOVE THEM AS CITY'S 1. >> IT WILL BE MOVED AS CITY'S COMPOSITE 1. THESE ARE THE SAME ONES I LOOKING AT HERE?

>> YES. >> THANK YOU. ANYTHING FURTHER?

>> NO, MA'AM. >> AND SIR, RAISE YOUR RIGHT HAND AND STATE YOUR NAME AND

BE SWORN. >> PLEASE STATE YOUR NAME FOR THE RECORD.

>> GOSHIK PATEL. >> DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE

TRUTH? >> YES, MA'AM. >> THANK YOU.

>> HOW DOWRY SPAWNED TO THAL -- TO YOU DO YOU RESPOND TO THE ALLEGATIONS?

>> SINCE I GOT THE NOTICE I HAD AN IMMEDIATE DEATH IN THE FAMILY.

SINCE LAST SIX WEEKS MY FATHER IS SICK SO I TIED UP WITH ALL OF THE STUFF AND STILL I WORKING ON IT RIGHT NOW. I CALLED FOR THE FENCE TO REPLACE AND PUT A NEW FENCE, BUT I GOT THE FINAL QUOTE LIKE YESTERDAY AND THEY ARE GOING TO APPLY FOR THE PERMIT TODAY. EVERYTHING IS IN THE PROCESS AND THE CONDITION ORDER AND DEBRIS REMOVED. SOME OF THE STUFF IS STILL THERE, AND WE CAN BE MOVING IN

A COUPLE OF DAYS. >> SPECIAL MAGISTRATE, HE IS SPEAKING OF THE FENCE AND

THAT'S THE SECOND CASE. >> OKAY, SO WHAT ABOUT THE FIRST CASE?

>> IT IS OUTSIDE STORAGE. THAT'S IT. SO THE BOARDS ON THE FENCE, THE WHITE TARP BY THE POOL, THINGS LIKE THAT. IT IS NOT THAT.

[00:05:08]

>> THERE ARE TWO VIOLATIONS AND WE ARE DEALING WITH THE ONE SHE JUST MENTIONED.

HOW SOON CAN YOU TAKE CARE OF THAT? >> WITHIN LIKE -- AS SOON AS LIKE -- THEY GIVE US A TIME LIMIT FOR THE FENCE AND ALL OF THE REST OF THE STUFF LIKENED

OF THIS WEEK GONNA BE FINISHED. >> ANYTHING FURTHER? ARE WE CLEAR ON WHAT YOU NEED TO DO WITH REMOVING THE ITEMS FROM THE ROADWAY?

ALONG THE FENCE LINE? >> YES. REMOVE THE TRASH AND OTHER

ITEMS FROM THE SOUTHEAST CORNER OF THE PROPERTY? >> YES.

>> AND REMOVE, BRING IN THE AIR CONDITIONERS AND THE TARP BY THE POOL.

>> IT IS ALL REMOVED. >> SPECIAL MAGISTRATE, THE PHOTO YOU HAVE IN FRONT OF YOU, THAT'S WHERE THE AIR CONDITIONERS WERE, AND THEY ARE GONE.

SO I BELIEVE, HEATHER, IF I AM NOT MISTAKEN, THIS HERE AND THEN A TARP THAT WAS IN THE

FIRST PHOTO. >> WITH REGARDS TO THE AIR CONDITIONER I FIND THE VIOLATION DID EXIST AND HAS BEEN RESOLVED AS OF TODAY'S DATE.

EXCUSE ME. EXCUSE ME. REGARDING THE REMAINING VIOLATION I FIND THE VIOLATION EXISTS AND THAT REPRESENTED BY PATEL IS RESPONSIBLE FOR THE VIOLATION. YOU HAVE 10 DAYS TO COMPLY OR BE FINED $50 PER DAY UNTIL THE

MATTER IS TAKEN CARE OF. >> SURE. >> THANK YOU.

[N. 19-3170 CE 612 S US Highway 1 S M Kunbi Inc Heather Debevec]

>> NEXT CASE. >> THE NEXT CASE IS 19-3170, 612 SOUTH HIGHWAY 1.

>> >> THIS IS 19-3170. THE CASE WAS INITIATED ON NOVEMBER 21ST. IT WAS FOR IPMC304.2 PROTECTIVE TREATMENT T WHICH WE REQUEST RND DETERMINATION. IT IS RESTRUCTURE REQUESTING THEY OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT AND REPAIR THE CHAIN LINK FENCE WHERE THE SUPPORT POLES ARE MISSING.

THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN THE PERMIT AND COMPLY WITH THE PERMIT CONDITIONS OR A FINE OF $50 PER DAY TO BE ASSESSED. I HAVE PHOTOS TO SUBMIT. THIS IS WHERE MR. PATEL WAS

EXPLAINING THAT HE WAS WORKING ON A CONTRACT WITH SOMEBODY. >> AND AGAIN HAS MR. PATEL HAD

A CHANCE TO SEE THESE PHOTOS ? >> YES.

>> THEY FAIRLY AND ACCURATELY DEPICT IT? >> YES.

>> MAY THEY BE ADMITTED AS CITY'S COMPOSITE 1? >> THEY WILL BE ADMITTED AS

CITY'S COMPOSITE 1. THANK YOU. >> ANYTHING FURTHER?

>> NO, MA'AM. >> THERE BEING NO FURTHER TESTIMONY A VIOLATION EXISTS WITH REGARD TO IPMC3.02 PROTECT -- PROTECTIVE TREATMENT.

THE VIOLATION EXISTED, BUT HAS BEEN CURED AS OF TODAY'S DATE.

WITH REGARD TO THE REMAINING VIOLATION 302.7 I FIND A VIOLATION EXISTS AND BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT DONE DICTIONS -- PERMIT CONDITIONS

OR A VIOLATION OF $50 PER DAY WILL BE ASSESSED. >> YES.

>> YOU HAVE 30 DAYS TO APPEAL EACH OF THE CASES. >> THANK YOU.

>> THANK YOU. >> YOU WILL GET AN ORDER IN THE MAIL.

THANK YOU. >> MR. DASANT IS HERE. >> THE NEXT CASE WE HAVE IS A

[A. 19-2390 Massey 1710 Sunrise Boulevard Toussaint, Michelot Isaac Saucedo]

>> THE CASE WAS INITIATED BY MYSELF -- >> I'M SORRY.

>> SWORN IN. THAT'S RIGHT. >> ISAAC.

>> I'M SORRY. >> PLEASE STATE YOUR NAME. >> ISAAC SAUCEDO.

>> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT GIVE IS THE TRUTH?

>> WE WILL START OVER. THIS IS 19-2390, 1710 SUNRISE BOULEVARD.

[00:10:04]

MR. TOU USANT -- TOUSSANT ASKED FOR THE FINE TO STOP AND THEY HAVE $7,220 WHICH

INCLUDES A $20. >> REPORTER:ING FEE. AND MR. TOUSSANT IS HERE TO

TESTIFY ON WHY HE WOULD LIKE THAT FINE STOPPED. >> OKAY.

>> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.

>> MR. TOUSSAN. >> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO

GIVE WILL BE THE TRUTH SPH. >> YES, MA'AM. >> ALL RIGHT, SIR, AND HOW DOWRY SPAWNED TO THE ALLEGATIONS MADE BY MR. SAUCEDO?

>> THE FIRST LETTER I RECEIVED WAS -- I WASN'T HOME. MY DAUGHTER, SHE RECEIVED THE LETTER. SHE SAID THERE ARE SEVEN OR EIGHT LETTERS.

I DIDN'T GO TO ALL OF THEM AND I DIDN'T SEE THEM AT THAT TIME.

WHEN I WENT THROUGH ALL OF THE LETTERS I RECEIVED THAT DAY AND I FIND OUT THERE WAS A LETTER FROM THE CITY. WHEN I OPENED IT AND I WAS TOLD IT.

I CAME TO REQUEST HERE. THE REASON I CANNOT FIX THE -- BOUGHT THE HOUSE IN 2003, ARE BUT THE ROOF WAS IN GOOD SHAPE.

WE REQUESTED MANY TIMES HELP FROM THE INSURANCE COMPANY. MOST OF THE TIME THEY DENIED IT. I BELIEVE IN 2016 WE RECEIVED A SMALL AMOUNT.

IT WASN'T ENOUGH. I REPLACED THE SHINGLES. IT LASTED A FEW MONTHS.

IT DETERIORATED AND THAT'S WHY THE ROOF IS NOT DONE. FINANCIALLY, IT IS IMPOSSIBLE FOR US COMPLY RIGHT NOW. I JUST DON'T KNOW. I LOOKING FOR HELP.

I WOULD LOVE TO FIX IT, BUT TO BE HONEST IT IS FINANCIALLY IMPOSSIBLE TO DO IT.

WE WENT TO GET A ESTIMATE. IT IS ABOUT 20 -- $15,000 TO $20,000 TO FIX IT.

>> IS THIS A HOMESTEAD, A RESIDENTIAL PROPERTY OR A BUSINESS?

>> IT IS A RESIDENTIAL. >> RESIDENTIAL. >> ISAAC, DO WE HAVE THE

PHOTOS IN HERE FROM THE LAST HEARING? >> FROM THE LAST HEARING? I DON'T BELIEVE SO. I USUALLY DELETE THEM AFTER. I HAVE PHOTOS IN MY FILE HERE

IF YOU WANT. >> SIR, DO YOU UNDERSTAND THE PERMITTING PROCESS?

IF YOU PULL A PERMIT, YOU HAVE SIX MONTHS TO COMPLY? >> YES, BUT I DIDN'T PULL ANY PERMIT. LAST TIME WE PULLED A PERMIT WAS 2016? WHEN I REPLACED THE SHINGLES. THIS IS WHAT THE SMALL AMOUNT ALLOWED ME TO DO AT THAT TIME. IT WAS NOT ENOUGH TO REPLACE THE WOL ROOF.

THE WHOLE ROOF. >> CAN I -- I AM NOT SURE IF THE CITY MAY HAVE ANY PROGRAMS

WHERE HE CAN GET ANY FINANCIAL ASSISTANCE? >> I AM NOT SURE -- WE CAN REFER HIM TO THE SHIP PROGRAM. DID I HEAR YOU SAY YOU ARE

UNEMPLOYED? >> I'M SORRY? >> DID YOU SAY YOU ARE

EMPLOYED OR UNEMPLOYED? >> I EMPLOYED, YES. IT IS EXPENSIVE.

I HAVE BEEN SHOPPING AROUND. LIKE I SAID, I FIXED THE SHINGLES, BUT I CANNOT REPLACE -- WE HAD PRESIDENT WHOLE -- WE HAD THE WHOLE SHINGLES. I WOULD LOVE TO HAVE A ROOF.

[00:15:19]

>> THE ONLY RECOMMENDATION WE CAN GET IS I KNOW THE CITY AND THE COUNTY MAY HAVE PROGRAMS AVAILABLE. I DON'T KNOW IF THERE IS A WAITING LIST OR FUNDS AVAILABLE. UNFORTUNATELY DUE TO THE DAMAGE OF THE ROOF AND MR. TOUSSANT SAID IT IS ACTIVELY LEAKING, THE CITY FEELS IT IS IMPORTANT TO MOVE

FORWARD WITH THIS. >> DO YOU LIVE IF THAT HOUSE? >> YES, MA'AM.

>> WHO ELSE LIVES THERE WITH YOU? >> MY WIFE.

MY TWO CHILDREN. MY TWO DAUGHTERS. >> HOW OLD ARE THEY?

>> THE OLDEST ONE IS 18. THE YOUNGEST ONE IS 5 YEARS OLD.

SHE WILL BE FIVE IN APRIL. >> ARE YOU EMPLOYED? >> YEAH, I EMPLOYED.

>> IS YOUR WIFE EMPLOYED? >> YES, MA'AM. >> THE SAFETY OF THE ROOF IS

SIGNIFICANT. >> IN -- THIS WAS INITIATED NOT LONG AGO.

YOU HAVE NOT MADE ANY PROGRESS SO FAR AS I CONCERNED TO TRY TO GET IT REPAIRED.

>> WE -- I'M SORRY. >> IF YOU HAVE MADE SOME, LET ME KNOW.

>> LIKE I SAID, THE ONE THING WE CAN DO TO REDUCE THE DAMAGE IS TO REPLACE THE SHINNING --

SHINGLES. >> YOU HAVE TO HAVE A PERMIT TO DO ANYTHING, AND YOU HAVE TO COMPLY TO THE CONDITIONS OF THE PERMIT. WHAT I FACED WITH IN TRYING TO RESOLVE THIS IS EITHER YOU MAKE SOME STEPS TO GET HELP TO REPLACE THE ROOF OR I GOING TO CITE YOU -- YOU ARE NOT IN COMPLIANCE SO I CANNOT STOP THE FINES.

YOU ARE NOT IN COMPLIANCE -- ESSENTIALLY FROM MY VOI POINT AND I -- VIEW POINT AND I UNDERSTAND WHAT YOU ARE SAYING IS YOU HAVE DONE VERY LITTLE OR NOTHING.

>> ACTUALLY I SPOKE WITH A CO-WORKER WHO GAVE ME A NUMBER WHO HELPED HIM FOR HIS ROOF.

I GOING TO ASK HIM FOR HELP FOR MY ROOF AND SEEKING ANY HELP FROM THE CITY AND ANYWAY I CAN GET IT AS SOON AS I CAN. LIKE I SAID IT CANNOT BE REPAIRED. IT HAS TO BE REPLACED. LIKE I SAID -- I LOOKING FOR SOME HELP. I LOOKING FOR SOME HELP WITH NO LUCK.

>> MAY I CHIME? THIS IS A MESSY HEARING. THERE ARE FINES RUNNING.

THE FINES ARE COMING UP ON ELIGIBLE TO BECOME A LIEN. WHAT STAFF WILL RECOMMEND IS THE FINES CONTINUE TO RUN, WE RESCHEDULE THIS HEARING FOR 90 DAYS.

WE WILL NOT IMPOSE A LIEN. WE WILL WILL RESCHEDULE THE HEARING FOR 90 DAYS.

BE CAN SCHEDULE THE DATE RIGHT NOW -- WE CAN SCHEDULE THE DATE RIGHT NOW.

PERHAPS MR. TOUSSANT CAN SHOW SOME PROGRESS AT THAT TIME AND IN WHICH CASE YOU MAY

RECONSIDER HIS REQUEST. IT WOULD BE MAY 6TH. >> DO YOU UNDERSTAND THE

REQUEST? >> AND OF COURSE IF HE HAS SOMETHING BEFORE 90 DAYS WE CAN COME BACK EARLIER. RIGHT NOW WE WOULD SCHEDULE IT FOR MAY 6TH FOR YOU TO REHEAR HIS REQUEST AND HOPEFULLY HE WILL HAVE SOME PROGRESS TO REPORT.

[00:20:03]

>> DO YOU UNDERSTAND THAT, MR. TOUSSANT. >> YES, MA'AM.

YES, MA'AM, I WILL, AND LIKE I SAID THE ONLY REASON I DON'T WANT TO PULL A PERMIT IS I WANT TO MAKE SURE I HAVE THE MONEY. IF I PULL THE PERMIT AND I DON'T HAVE THE MONEY, NO -- FOR ME THAT'S IMPORTANT FOR THE PERMIT.

IF I HAVE TO PULL A PERMIT TO SHOW I WANT TO -- I GOOD FAITH TO DO SOMETHING I WILL DO

WHATEVER. >> BUT YOU ARE RUNNING A REAL RISK HERE STAYING IN A HOUSE WITH A ROOF IN THAT CONDITION. IT IS NOT GONNA GET ANY BETTER.

IT IS ONLY GONNA GET WORSE. IT COULD AFFECT -- YOU COULD HAVE ALL SORTS OF PROBLEMS. YOU HAVE ELECTRICAL THINGS THERE. IT IS GOING TO BE RAINING IN THAT HOUSE. YOU HAVE A SMALL CHILD THERE. THERE ARE A LOT OF FACTORS THAT I AM CONCERNED ABOUT. I UNDERSTAND YOU ARE TRYING TO GET A LOAN.

I JUST KNOW THERE ARE PEOPLE OUT THERE AND YOU MAY NOT GET THE BEST INTEREST ON IT, BUT THERE ARE SOME PEOPLE OUT THERE WHO WILL HELP YOU WITH THIS.

I SUGGEST YOU TALK TO STAFF WHO CAN PROBABLY GIVE YOU DIRECTION ON WAYS YOU CAN POSSIBLY GET FUNDING AND IF NOT YOU HAVE PAY BECAUSE THIS IS ONLY GOING TO GET WORSE.

>> I DO WHATEVER I CAN. >> I CANNOT STOP THE FINES FROM RUNNING RIGHT NOW BECAUSE YOU ARE NOT IN COMPLIANCE. SO TRY AND DO WHAT YOU CAN TO FIND SOMEBODY TO ASSIST YOU WITH REPLACING YOUR ROOF, AND THEN WE CAN ADDRESS THE FINES AT A LATER DATE.

>> IS THERE ANYWAY YOU CAN STOP IT FOR NOW, LIKE SHE SAID YOU GIVE ME 90 DAYS TO COME

BACK TO SHOW SOME -- >> UNDER THE CURRENT LAW I CANNOT STOP THE FINES FROM RUNNING BECAUSE YOU ARE STILL NOT IN COMPLIANCE. THE THING IS, IF YOU CAN FIND SOMEBODY TO ASSIST YOU WITH THE FINANCING OF THIS, ONCE YOU PULL THE PERMIT, THEN YOU CAN REQUEST THE FINES STOP RUNNING AND THERE ARE SOME OTHER THINGS YOU CAN DO.

THE CITY WILL TELL YOU WHAT REMEDIES ARE. I CANNOT UNDER THE STATUS RIGHT NOW. THE -- I CANNOT STOP THE FINES FROM RUNNING.

THE SITUATIONS ARE ONLY GOING TO GET WORSE FOR YOU IF YOU DON'T FIND A WAY TO GET SOME

FUNDING TO REPLACE THE ROOF. >> YES, MA'AM. >> CAN I SAY SOMETHING?

>> YES. >> JUST FOR THE RECORD, YOU DO WHAT YOU HAVE TO DO TO FIND SOMEONE TO SEE IF YOU CAN EITHER GET THE FINANCIAL HELP. AS A CODE ENFORCEMENT OFFICER AND SOMEBODY WOULD HAS THIS CASE, I COMPLETELY UNDERSTAND WHERE YOU ARE COMING FROM.

I WILL ALSO TRY TO DO WHAT I CAN TO TRY TO HELP YOU FIND SOMEONE IF THERE ARE ANY PROGRAMS. I JUST WANT TO PUT THAT OUT THERE.

YOU DO WHAT YOU HAVE TO DO AND I WILL DO WHAT I HAVE TO DO TO SEE IF THERE IS ANY ASSISTANCE OUT THERE FOR YOU. AND WE WILL BE BACK IN 90 DAYS AND WE WILL TAKE IT FROM THERE

AND SEE WHERE WE ARE AT. >> THANK YOU VERY MUCH. >> AND GOOD LUCK TO YOU.

I KNOW THERE IS SOMEBODY OUT THERE WHO WILL LOAN YOU SOME MONEY.

AGAIN, IT MAY NOT BE THE BEST INTEREST RATE, BUT YOU WILL HAVE QUALITY LIVING

CONDITIONS. >> THANK YOU VERY MUCH. >> THANK YOU.

>> YOU'RE WELCOME, MR. SAUCEDO. >> WE ALREADY HAVE ONE.

THANK YOU. >> ARE WE READY? I THINK ISAAC IS FREE.

YES, MA'AM. OKAY. I GOING TO READ IN THE CASE

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

CASE 19-2748, 3101OLEANDER BAY 4 IS CONTINUED. CASE 1919-3244, JAMAICA AVENUE

[00:25:03]

CASE 19-2958, 2203 ORANGE AVENUE IS CONTINUED. CASE 19-2968, 2211 ORANGE AVENUE IS CONTINUED. CASE 19-2969, 2211 ORANGE AENUE IS CONTINUED.

CASE 19-3009, 710OCE -- OSCEOLA AVENUE IS IN COMPLIANCE.

WE PULLED 19- -- 0571, WE PULLED. >> THE REST ARE --

>> THAT'S IT. >> THE NEXT CASE IS CASE 19- 36, 606AZALEA AVENUE.

[E. 19-3060 CE 606 Azalea Avenue Obadia, Mordechay Heather Debevec]

>> WHEN YOU ARE READY MR. BENNETT. >> THIS IS CASE 19-36060, AZALEA AVENUE. THE CASE WAS INITIATED ON NOVEMBER 15TH, 2019.

IT WAS FOR SECTIONS 1646, 1648 AND SUBSECTION 1, MAINTENANCE OF NUISANCE ON PROPERTY PROHIBITED. WAS REQUESTED THEY REMOVE OR REPLACE -- REMOVE OR PLACE IN A SHED BAGS, TRASH, BOARDS FROM A CARPORT, SHINGLES AND OTHER DEBRIS FROM THE YARD.

THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST, BUT HAS CURED PRIOR TO TODAY'S HEARING THE VIOLATOR BE PUT ON NOTICE THAT PER STATE STATUE 162.06 SUBSECTION 3 A REPEAT OF THE VIOLATION WILL RESULT IN ADDITIONAL COST AND PENALTIES BEING ASSESSED. I HAVE PHOTOS SHOULD YOU WISH.

>> YES. >> SPECIAL RAJ STATION. I KNOW THIS IS IN R AND D, BUT

THERE IS NO RESPONDENT PRESENT THIS MORNING. >> THEY HAVE COMPLIED? THANK YOU. CITY'S COMPOSITE 1. ANYTHING FURTHER?

>> NO, MA'AM. >> BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS, BUT HAS BEEN COMPLIED WITH AS OF TODAY'S DATE.

THE PARTY SHALL BE NOTIFIED THAT IF THIS REPEATS ITSELF THEY CAN BE SUBJECT TO GREATER

PENALTIES. THANK YOU. >> CASE 19-404, 311 NORTH

[F. 19-0404 CE 311 N 18th Street Williams - Parker, Kimberly Heather Debevec]

18TH STREET, WILLIAMS. >> WHEN YOU ARE READY. >> THIS IS CASE NUMBER 19-404, 311 NORTH 18TH STREET OWNED BY KIMBERLY WILLIAMS PARKER.

FEBRUARY 13TH, 2019 WAS INITIATION. IPMC3.07 ROOVES AND DRAINAGE.

SHE WAS TO OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT AND REPAIR THE TRIM AROUND THE HOME. THE CITY'S REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST, 30 DAYS TO COMPLY WITH PERMIT OR FINE OF $50 PER DAY BE ASSESSED.

I DO HAVE PHOTOS TO SUBMIT. >> JUST NOTE FOR THE RECORD THERE IS NO RESPONDENT

PRESENT. >> I'M SORRY GIVE ME JUST A MOMENT.

>> YOU MAY HAVE A MOMENT. >> I TRYING TO REMEMBER. THAT'S WHAT I WAS LOOKING FOR BECAUSE IT WAS FAMILIAR TO ME. I THINK SHE ALREADY HAD THE 30 DAYS TO TRY AND OBTAIN THE PERMIT WHICH SHE HAS DONE NOTHING.

[00:30:07]

>> AND OF COURSE SHE IS NOT PRESENT, FOR THE READY. >> SHE IS NO -- NOT PRESENT.

THERE IS NO PERMIT AND THERE HAS BEEN NO CHANGES TO THE PROPERTY.

>> AND YOU RECOMMEND THAT -- WHAT'S HERE ON THE SUMMARY SHEET?

30 DAYS OR $50 PER DAY? >> UNLESS YOU WANT SOMETHING DIFFERENT.

>> [INAUDIBLE]. >> RIGHT, IT IS A RECALL. WE'LL GIVE THE 30 DAYS.

>> THOSE WILL BE ADMITTED AS CITY'S COMPOSITE 1. AND THEY ACCURATELY FOR --

PORTRAY THE HOUSE? >> YES. >> THANK YOU.

BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT 311 NORTH 18TH STREET AND KIMBERLY WILLIAMS PARKER IS RESPONSIBLE FOR THE VIOLATION. I WILL GIVE HER 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR FINE HER $50 PER DAY ASSESSED UNTIL THE PROPERTY IS IN

COMPLIANCE. >> THANK YOU, SPECIAL MAGISTRATE.

I APOLOGIZE FOR THE CONFUSION. >> NEXT CASE IS 19-3142, SOUTH

[O. 19-3142 CE S 3rd Street Lemen Inc Heather Debevec]

THIRD STREET, LEMON INC. >> WHEN YOU'RE READY. >> THIS IS CASE NUMBER 19-3142, SOUTH THIRD STREET OWNED BY LEMEN INCORPORATED. CASE WAS INITIATED IN 2019 FOR SECTION 22-187, SUBSECTION LANDSCAPE MAINTENANCE. IT WAS REQUESTED THEY OBTAIN A PERMIT TO REMOVE THE DEAD PALM TREE AND FOLIAGE. THE CITY REQUESTED IF THE MAGISTRATE FINDS VIOLATION EXIST A FINE OF $50 A DAY BE ASSESSED AND I HAVE PHOTOS TO

SUBMIT. >> THERE IS NO RESPONDENT PRESENT.

I WILL [INAUDIBLE]. KNOWN AS CITY'S COMPOSITE 1. >> THANK YOU.

THESE WILL BE ADMITTED AS CITY'S COMPOSITE 1. HAVE YOU GOTTEN ANY RESPONSE FROM THE OWNER OR A REPRESENTATIVE OF THE PROPERTY?

>> I HAVE SPOKEN WITH THE OWNER. THEY HAVE MADE NO REFERENCE TO THOSE -- TO THIS PROPERTY. I HAVE TRIED CALLING THEM YESTERDAY, COULD NOT GET UH HOLD OF ANYBODY TO REMIND THEM OF TODAY'S HEARING AND TO INQUIRE ANYTHING FROM THEM.

I'VE GOT NOTHING. >> ANYTHING FURTHER? >> NO, MA'AM.

>> BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND A VIOLATION EXISTS AT 3401 SOUTH

U.S. 1? NO. >> IT DIDN'T HAVE A DISTRICT

ADDRESS. >> THERE IS NO DIRECT ADDRESS ON THIS?

>> SOUTH THIRD STREET IS THE IDENTIFICATION PROVIDED BY THE DEPARTMENT.

>> I WAS THROWN OFF BY THAT. LOCATED AT SOUTH THIRD STREET.

I FIND A VIOLATION EXISTS AND THAT LEMEN INC. IS RESPONSIBLE FOR THE VIOLATION.

NO ONE IS PRESENT ON BEHALF OF THE PROPERTY. I WILL GIVE THE VIOLATORS 15 DAYS TO COMPLY OR BE FINED $50 PER DAY UNTIL THE PROPERTY IS IN COMPLIANCE.

30 DAYS TO APPEAL. >> NEXT TWO CASES ARE ON THE SAME ADDRESS.

[Q. 19-3393 CE 709 S 7th Street Willes, Tylan Heather Debevec]

>> DO YOU WANT TO DO THESE SEPARATE? >> I WOULD LIKE TO KEEP THEM SEPARATE. IT IS EASIER FOR ME TO FOLLOW AND SIMILARLY FOR Y'ALL.

>> THAT'S FINE. I'M READY. >> IT IS CASE NUMBER 19-3393, 709, SOUTH SEVENTH STREET OWNED BY TYLAN-WILLES. IT WAS RESPONSIBILITY FOR CONTAINERS. SECTIONS 1646, AND 1647, AND 1648 AND OUTSIDE STORAGE.

[00:35:11]

REMOVE OR PLACE IN A GARAGE THE FORK-LIFT IN THE DRIVEWAY. REMOVE THE DEAD GRASS AND THE WEEDS FROM THE DRIVEWAY. THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS A VIOLATION THEY BE GIVEN $10 TO REPLY. IT X LOO -- IT LOOKS LIKE HE TOOK SOME ROUND UP TO KILL THE WEEDS, BUT THEY ARE STILL THERE.

I DO HAVE PHOTOS THAT, YES, THEY ACCURATELY SHOW. >> WE CONFIRM THERE IS NO

RESPONDENT PRESENT. >> THANK YOU. OKAY.

THANK YOU. SO ADMITTED AS CITY'S COMPOSITE 1.

ANYTHING? BASED ON THE EVIDENCE PRESENTED I FIND A VIOLATION EXISTED AT 709 SOUTH SEVENTH STREET AND TYLAN-WILLES IS RESPONSIBLE FOR VIOLATION.

GIVE HIM 15 DAYS OR $50 PER DAY FINE. HE HAS 30 DAYS TO APPEAL.

>> CASE 19-3392, 709 SOUTH 7TH STREET. >> WHEN YOU'RE READY.

[R. 19-3392 CE 709 S 7th Street Willes, Tylan Heather Debevec]

>> SPECIAL MAGISTRATE, THIS IS 19-3392, 709 SOUTH 7TH STREET, OWNED BY TYLAN-WILLES. CASE INITIATED ON DECEMBER 18TH, 2019.

IT WAS FOR SECTION 5-1.104.5 UNSAFE BUILDING, COVERED WINDOWS.

IT WAS REQUESTED THEY REMOVE THE PLYWOOD FROM THE FRONT WINDOW.

IF A VIOLATION EXISTS THE VIOLATOR BE GIVEN THREE DAYS TO COMPLY OR FINE OF $100 PER DAY BE UH SEES -- BE ASSESSED. I HAVE PHOTO THAT'S ACCURATE

LOW SHOWS. >> AND ON THAT NOTE THERE IS NO RESPONDENT PRESENT AND WE

MOVE THE PHOTOS IN. >> SO NOTED. THANK YOU.

THESE WILL BE ADMITTED AS CITY'S COMPOSITE 1. ANYTHING FURTHER?

>> NO. >> BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED I FIND A VIE EXISTS AT 709 SOUTH 7TH STREET AND TYLAN-WILLES IS RESPONSIBLE FOR THE VIOLATION. I WILL GIVE HIM THREE DAYS TO COMPLY OR FINE HIM $100 PER

DAY WILL BE ASSESSED. HE HAS 30 DAYS TO APPEAL. >> NEXT WE HAVE CASE 19-3035,

[T. 19-3035 CE 1205 Seaway Drive Lascala, Anthony Moore, Tina Heather Debevec]

1205, SEA WAY DRIVE. >> YOU MAY PROCEED. >> 19-3035, 1205 SEA WAY DRIVE OWNED BY ANTHONY LASCALA AND TINA MOORE. CASE INITIATED FOR EXTERIOR STRUCTURE OF GENERAL. WAS REQUESTED THAT THEY OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT AND REPAIR THE ROTTING TRIM ON THE WEST, SOUTH AND EAST SIDES.

THE CITY IS REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH THE PERMIT CONDITIONS OR $100 PER DAY BE UH -- BE ASSESSED. THEY DID APPLY FOR A PERMIT JAND WHICH WAS DENIED JANUARY 24TH. THE PERSON APPLIED FOR THE PERMIT WAS NOTIFIED I BELIEVE ON JANUARY 29TH THAT IT HAD BEEN DENIED.

I DO HAVE PHOTOS. YES THEY ACCURATELY SHOW WHAT I HAVE SEEN.

>> I GOING TO NOTE THAT THERE IS NO RESPONDENT PRESENT FOR THE RECORD AND MOVE THE PHOTOS

IN AS CITY'S COMPOSITE 1. >> THANK YOU. AND THEY DID APPLY FOR A

[00:40:05]

PERMIT? >> YES, AND THE PERMIT HAS BEEN DENIED.

>> THAT WAS DENIED ON THE 24TH? >> YES, I BELIEVE THEY WERE NOTIFIED ON THE 29TH. I SPOKE WITH BUILDING YESTERDAY AND IT WAS DENIED FOR THE TYPE OF CONTRACTOR THAT WAS APPLYING. HE IS RESIDENTIAL.

THEY NEED COMMERCIAL. >> IN LIGHT OF THE FACT THEY APPLIED, BUT USED THE WRONG CONTRACTOR TO MAKE THE APPLICATION, I WILL CONTINUE THIS FOR ONE MONTH AND TO GIVE THEM TIME TO GET THE PROPER PERSON TO MAKE THE APPLICATION.

>> IF WE CAN CONTINUE TO A DATE CERTAIN OF MARCH 4TH?

>> THAT'S FINE. >> THAT IS ACTUALLY 28 DAYS. >> THAT'S FINE.

THAT'S ENOUGH TIME. ALL RIGHT, MARCH 4TH AND WE WILL ADDRESS IT THEN.

THANK YOU. >> NEXT CASE IS 19-2564, 713 CITRUS AVENUE, LAKRAM.

[U. 19-2564 CE 713 Citrus Avenue Lakram, Roshini Heather Debevec]

>> YOU MAY PROCEED. >> THIS IS CASE NUMBER 19-2564, 713 CITRUS AVENUE OWNED BY ROSHINI-LAKRAM. CASE INITIATED ON OCTOBER 1ST 2019.

SUBSECTION 10, SUBSECTION D, NONOPERABLE VEHICLES. 1646, 1647, 1648, STORAGE OF OUTDOOR FUSHT. WAS REQUESTED THEY MOVE THE UTILITY VEHICLES AND THE MERCEDES SEDAN FROM THE SIDE, BRING IN ORIE MOVE THE DINING CHAIRS FROM THE FRONT OF THE HOME. THE CITY REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS BUT CURED PRIOR TOO TODAY THEY PUT PUT ON NOTICE THAT THE REPEAT OF THE VIOLATIONS WILL RESULT IN ADDITIONAL COSTS AND PENALTIES BEING ASSESSED.

I DO HAVE PHOTOS WHICH DO ACCURATELY SHOW WHAT I HAVE SEEN.

>> FOR CONFIRMATION BOTH VIOLATIONS WERE CURED? >> YES, MA'AM.

>> SPECIAL MAGISTRATE, EVEN THOUGH THIS IS ESSENTIALLY AN R AND D I GOING TO NOTE THAT

THERE IS NO ONE PRESENT THIS MORNING. >> THANK YOU.

ALL RIGHT THESE ARE ADMITTED AS CITY'S COMPOSITE 1. ANYTHING FURTHER?

>> NO. >> I FIND THAT A VIOLATION DID EXIST, BUT WAS CURED AS OF THE DATE OF THIS HEARING. THE VIOLATOR SHALL BE WARNED THAT THE VIOLATIONS REOCCUR PURSUANT SEURNT TO FLORIDA STATUTE OUT ADDITIONAL COSTS AND PENALTIES MAY BE

ASSESSED. THANK YOU. >> OUR LAST CASE IS A REQUEST

[A. 19-2747 Order Setting Aside 3101 Oleander Avenue - Bay 3 R Stein LLC Isaac Saucedo]

>> SPECIAL MAGISTRATE, THIS IS NOT 19-2747 FOR 3101OLEANDER AVENUE BAY 3 OWNED BY R STEIN LLC. IT WAS INITIATED OCTOBER 2019 AND CAME BEFORE SPECIAL MAGISTRATE ON JANUARY 8TH. IMMEDIATELY FOLLOWING THE HEARING WE WERE CONTACTED BY THE TENANT OF BAY 3 WHICH IS NOT USED FOR A BUSINESS.

WE MISTAKENLY DID SERVICE ON BAY 5. IT IS A CONFUSING SITUATION WHEN YOU HAVE THE DIFFERENT BAYS IN ONE BIG PARCEL. ULTIMATELY IT IS A NOTICE DEFICIENCY SO WE ARE REQUESTING THE ORDER BESET ASIDE.

BE SET ASIDE. >> I WILL SET ASIDE THE ORDER IN THIS MANNER.

>> THANK YOU, MA'AM. >> OKAY. >> THAT'S IT.

>> THE READ INS. >> SHE READ THEM. >> WITH REGARD TO THE PARTIES THAT WEREN'T PRESENT THIS MORNING, DO WE WANT TO STATE HOW THEY WERE NOTICE SNED.

>> HOW -- HOW THEY WERE NOTICED? >> FOR CASES PER STATE STATUTE OUT 162-12 A NOTICE OF HEARING WAS SENT TO THE VIOLATORS CERTIFIED MAIL.

IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE.

IF IT IS UNSIGNED OR UNCLAIMED AN AFFIDAVIT WILL BE MAILED WITH NOTICE OF HEARING IS SENT TO THE VIOLATOR REGULAR U.S. MAIL. 10 DAYS PRIOR TO THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.

[00:45:01]

FOR CASES NOT MANDATED BY STATE STATUTE OUT, MAILING OF THE NOTICE OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR. IF THE GREEN CARD IS RETURNED UNSIGNED AND UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING, A NOTICE OF HEARING

IS POSTED ON THE BULLETIN BOARD IN CITY HALL. >> THANK YOU.

ALL CASES HAVE ORDERS ISSUED HAVE 30 DAYS TO APPEAL. ANYTHING FURTHER?

>> NO, MA'AM. >> THANK YOU, WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.