[1. CALL TO ORDER]
[00:00:13]
MORNING'S HEARING. YOU RECEIVED MAYBE A PARKING CITATION OR YOUR PROPERTY WAS OF A PARTICULAR VIOLATION OF A PARTICULAR CODE OF ORDINANCE. YOU HAVE BEEN GIVEN TIME TO CORRECT THAT AND FOR THOSE OF YOU THAT HAVE NOT DONE THAT AND WISH TO BE HEARD I'LL HEAR YOUR CASES SHORTLY.
ANYBODY NEED AN INTERPRETER. WE'RE BEING RECORDED SO BE MINDFUL OF THAT IF YOU DON'T MIND STAND FOR THE PLEDGE OF OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC, FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY
AND JUSTICE FOR ALL. >> YOU WANT THE CODE OFFICERS TO
BE SWORN NOW? >> WE DO HAVE A PARTY PRESENT THAT NEEDS AN INTERPRETER AND WE'RE USE THE LANGUAGE LINK CALL
IN SERVICE FOR THAT. >> EXCUSE ME, SHAUN? WE HAVE A SOUND CARD DEVICE FAI
FAILED. >> TECHNICAL DIFFICULTIES HERE.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
>> WE'RE READY SPECIAL MAGISTRATE.
>> DID WE SWEAR IN EVERYBODY YET?
>> IF EVERYONE CAN STAND WHO'S PRESENT THAT WILL BE SPEAKING? RAISE YOUR RIGHT HAND PLEASE? DO YOU SWEAR OR AFFIRM THE TEST
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
[I. 21-1956 3362 S US Hwy 1 Sparks & Sparks LLC Ed Smith]
MOTION YOU'RE ABOUT TO GIVE WILL BE THE TRUTH?DO YOU WANT TO GO OVER THE ONES RESCHEDULED.
>> 21-16573315 DELAWARE AVENUE HAS BEEN CONTINUED.
CASE 21-1897, 2831 REYNOLDS DRIVE THAT'S BEEN COMPLIED.
21-1911907 ANTIGUA AVENUE HAS BEEN CONTINUED AND 21-1956 HIGHWAY 66 HAS BEEN CONTINUE. 2 212019 GEORGIA AVENUE UNIT SEVEN HAS BEEN CONTINUED AND 212450,
[00:05:05]
NORTH 22ND HAS BEEN CONTINUED. >> ALRIGHT.
[F. 21-1903 2706 Sunrise Blvd. OCD Kids Inc. Frank Remling]
WHEN YOU ARE READY. >> FIRST CASE IS GOING TO BE 21-1903, 2706 SUNRISE BOULEVARD. 01 CD KID'S INC..
>> THIS IS CASE 271903 SUNRISE BOULEVARD.
THE CASE INITIATED AUGUST THIRD OF 2021.
OWNER IS OCD KIDS INCORPORATED, 2706 SUNRISE BOULEVARD.
THE VIOLATION IS FLORIDA BUILDING CODE 105.1 PERMIT REQUIRED FOR THE PAVING DONE WITHOUT A PERMIT.
THIS CASE WAS BROUGHT TO ME AND I TOOK IT OVER FROM JOHN AAND I WENT AND VERIFIED THAT THERE WERE MILLINGS THAT WERE THERE.
>> DO YOU HALF PHOTOGRAPHS OF THE MILLINGS?
>> PREVIOUS YES. >> HAVE THE RESPONDENTS SEEN
THOSE PHOTOGRAPH? >> SEEN THESE?
>> I DON'T THINK SO. >> WHEN APPROXIMATELY WAS IT
WHEN YOU OBSERVED THE PAVINGS? >> A MONTHS AGO?
>> AND THE PHOTOGRAPHS YOU HAVE SHOWN THE RESPONDENTS IS THAT HOW IT APPEARED WHEN YOU DID IT? DO THESE DEPICT IT AS YOU SAW THEM? THEY T CITY WILL MOVE IT IN AS
EXHIBITS COMPOSITE ONE. >> THEY WILL BE ADMITTED AS SU SUCH.
>> ANYTHING ELSE?>> NO MA'AM. >> WOULD YOU STATE YOUR NAME.
>> REPRESENTING SUNRISE PRESCHOOL.
I GOT THIS WHEN THE MILLING WAS PUT DOWN A FEW YEARS AGO AND I WAS TOLD WE NEEDED TO SCRAPE IT UP AND I DID AND I SEE THE PICTURES AND THEIR FROM THE AERIAL OF THE ROAD, BUT THERE IS EVIDENCE THAT THERE WERE MILLINGS THERE.
I COULDN'T SCRAPE IT DOWN TO NOTHING, AND IF YOU GO IN THE DRIVEWAY YOU SEE THERE'S POTHOLES WHERE I SCRAPE IT UP SO EVEN NOW THERE'S PRESENCE FROM THE ROAD.
NO ONE INSIDE THE DRIVEWAY. THEY'RE NOT PICTURES OF THE DRIVEWAY. THAT'S JUST THE OUTSKIRTS.
IT IS A HUGE PARKING LOT. YOU DRIVE THERE NOW THERE'S POTHOLES BECAUSE IT IS A MESS. EVEN INSIDE WALK.
IT IS A MESS THERE. >> YOUR PICTURES SHOWS FROM ROAD AND NOT SEEING THAT MILLING HAS BEEN SCRAPED UP.
>> SIR? >> THIS MORNING WE TOOK PICTURES TO SHOW YOU GUYS HOW IT LOOKS NOW?
>> THE ACTUAL DRIVEWAY NOT FROM THE ROAD, BUT THE ANTERIOR OF
THE DRIVEWAY? >> DID YOU SHOW THOSE TO MR.
RECOMMEND BRING. >> YES, MA'AM? WHAT IS THE STATE'S POSITION ON THEM SAYING THIS IS NO A LONGER
A PROBLEM? >> IT LOOKED LIKE THEY TRIED TO TAKE SOME UP, BUT THERE WERE REMNANTS LIKE I SAID OF MILLINGS THERE, SO I DON'T KNOW EXACTLY WHAT, YOU KNOW I CAN GO BACK OUT THERE AND LOOK AND SEE IF IT'S FEASIBLE FOR WHAT WE'RE LOOKING
[00:10:01]
FOR? >> SPECIAL MAGISTRATE I HAVE A QUESTION OF THE RESPONDENTS. WHEN WERE THE MILLINGS SCRAPED
UP? >> WHEN I GOT THE INITIAL NOTICE YEARS AGO? MONTHSING?
>> YEARS OR MONTHS? >> WHEN I INITIALLY DID IT I THINK WAS IN 2019 OR 2020. IT'S BEEN A LONG TIME.
>> THIS VIOLATION CASE IS FROM AUGUST THIRD OF 2021 IS WHEN THE
CASE WAS STARTED. >> WHEN I CALLED THE YOUNG LADY SAID WHOEVER THE GUY WAS, WAS NO LONG WEAR YOU AND HE HAD DONE THIS MONTHS AGO SO AUGUST THIRD, I THINK THIS IS WHEN I SPOKE WITH HER AND I TOLD HER IT HAD BEEN SCRAPED UP AND I DON'T KNOW IF YOU CAN GO BACK TO HISTORY. IF YOU GO, LIKE HE SAID IF YOU LOOK WE HAVE SCRAPED IT UP BUT WE DID NOT GET EVERY MORSEL AND GRAIN. IT IS A HUGE PARKING LOT.
>> ANYTHING FURTHER? >> SPECIAL MAGISTRATE MAY I SEE THE PHOTOGRAPHS AGAIN PLEASE? DO WE HAVE A WAY TO GET THESE PHOTO PHOTOGRAPH?
>> SPECIAL MAGISTRATE THE IMAGERY FROM GOOGLE EARTH CONFLICTS WITH WHAT THE RESPONDENT IS REPORTING SO I'D LIKE TO GET A LITTLE CLARITY ON THAT.
SPECIAL MAGISTRATE THIS IMAGE IS FROM MAY OF 2019 AND YOU CAN SEE THAT THERE'S A LARGE AMOUNT OF GRASS UNDER THE VANS AND THE DUMPSTER AREA UP TO THE SHRUBS. THEN MARCH OF 2021 YOU CAN SEE THAT THIS ENTIRE AREA NOW HAS MILLINGS IN IT UP INTO THE SAME SHRUBS THAT WERE PREVIOUSLY SHOWN AS GRASS.
SO IF THE RESPONDENT IS SAYING THEY WERE PREVIOUSLY CITED SOME TIME AGO AND THEY REMOVE THE MILLINGS THEN THE MILLINGS HAVE BEEN REINSTALLED AT SOME POINT BETWEEN 2019 AND 2021.
>> OKAY. >> I SEE WHAT HE'S SAYING.
IT LOOKS LIKE IT MIGHT BE REINSTALLED BECAUSE THE DRIVEWAY WAS SO BAD SO WHEN WE SCRAPE UP THE MILLING BECAUSE WHAT WE HAD THERE BECAUSE I HAVE PARENTS COMING IN AND OUT AND THERE'S POTHOLES NOW THAT ARE TEARING UP THEIR CARS AND I CAN'T DO ANYTHING UNLESS I GO TO CONDITIONAL USE.
THERE WAS EVIDENCE OF MILLING, BUT THERE WAS NO MILLING.
MORE MILLINGS PUT DOWN THERE. WE MOVED WHAT WAS THERE TRYING TO PREVENT THE WHOLES THAT WE HAVE NOW THAT ARE BACK BECAUSE ALL WE HAD WAS DIRT AND MILLINGS THAT WERE THERE.
I SEE WHAT HE'S SAYING. GRASS AND NOW BECAUSE WE HAVE SOMEONE TO JUST COME AND SMOOTH OUT WHAT WE HAD THERE TO LESSEN THE POTHOLES THERE THAT ARE BACK NOW AGAIN.
I SEE WHAT HE'S SAYING, BUT THERE WERE NO NEW MILLINGS PUT DOWN. THAT WOULD BE DUMB TO PUT MORE DOWN WHEN I'M IN VIOLATION FROM THEM.
>> LET ME DO THIS BECAUSE THERE SEEMS TO BE CONFUSION ON WHAT YOUR RESPONSIBILITY IS. I WANT TO CONTINUE THIS UNTIL MY NEXT DOCKET WITH BUILDING AND I SUGGEST YOU GET WITH THE CITY AND FIND OUT JUST WHAT YOU NEED TO DO.
LOOKS LIKE YOU'RE TRYING TO COMPLY, BUT THE CITY IS SAYING YOU ARE NOT IN COMPLIANCE SO MAYBE NEXT TIME YOU CAN SCHEDULE AN APPOINTMENT AND YOU ALL SEE WHAT YOU NEED TO DO.
>> WHEN I SCHEDULE AN APPOINTMENT AM I SCHEDULE TOGETHER HAVE SOMEONE COME OUT AND LOOK AND SEE WHAT THEY SUGGEST? SCRAPING TO THE DIRT WHEN I HAVE
MUD. >> THAT'S WHAT YOU NEED TO GET WITH THE CITY AND FIND OUT WHAT YOU ALL NEED TO DO.
>> ALRIGHT. >> LOOKS LIKE YOU'RE TRYING, BUT THERE MAY BE SOME MISUNDERSTANDING AS TO WHAT YOUR RESPONSIBILITY REALLY IS. WHAT'S THE NEXT?
>> CLARIFICATION FOR FEBRUARY SPECIAL MAGISTRATE?
>> YES. >> THAT'S FEBRUARY 15.
[00:15:19]
>> OKAY. >> THERE'S A LETTER CONTINUING
IT TO FEBRUARY 15. >> I NEED TO REACH OUT TO
SOMEBODY HERE IN THE MEANTIME? >> YES, MA'AM, FRANK.
>> HE'S GOING TO SPEAK WITH THEM.
[G. 21-1931 711 S Indian River Drive Murray, Dylan and Kristin Logan Winn]
>> NEXT CASE? NEXT CASE IS 21-19317-11 SOUTH INDIAN RIVER DRIVE, CKRISTEN AN DILLON MURRAY.
>> GOOD MORNING. >> WHEN YOU ARE READY.
>> CASE 21-1931. 7-11 SOUTH INDIAN RIVER DRIVE.
AUGUST 10TH. THE OWNERS DILLON AND CHRISTINE MURRAY THE OWNERS OF 7-11 SOUTH INDIAN RIVER DRIVE.
PERMIT REQUIRED VIOLATION. CORRECTION ACTION IS TO RENEW PERMIT ALONG WITH REVISED PLAN SHOWING CORRECTIONS TO REJECTED PLANS. THIS CASE WAS OR HAS BEEN HERE ONE TIME BEFORE. I DO HAVE PICTURES OF THE
BUILDING IN QUESTION. >> OKAY.
>> HAVE YOU SHOWN THEM TO THE RESPONDENT?
>> I'LL SEND THEM. >> FOR THE RECORD PURPOSES WAS
IT CONTINUED TO, TODAY? >> NO, WHAT HAPPENED IS I WAS GOING TO GET THE PLANS TO THE PERMIT DEPARTMENT AND I'M WAITING ON AN ENGINEER OR ARCHITECT TO DO THE SET-BACK FOR THE PLANS AND THAT'S WHAT I'M WAITING ON.
I SPOKE WITH THE PERMIT DEPARTMENT ALREADY AND THEY WERE GOING TO STOP THIS, BUT I HAVE NOT GOT THE PLANS BACK FROM THE
>> DILLON MURRAY. >> DO YOU HAVE OBJECTION TO THE
>> THE CITY WILL MOVE INTO EVIDENCE THE PHOTOGRAPHS AS
EXHIBIT ONE. >> WILL BE ADMITTED AS SUCH.
>> WELL THIS PULL BARN PERMIT WAS PUT IN YEARS AGO AND SOMETHING GOT LOST IN THE CITY DEPARTMENT.
I DON'T KNOW WHAT HAPPENED TO THE PER EMIT OR WHAT WAS GOING ON AT THE TIME. THEY WERE WAITING FOR SOMETHING.
BUT ANYWAY'S I WALKED OVER AND TALKED TO HIM THE LAST TIME WE HAD A MEETING AND THEY SAID THEIR WAITING ON I GUESS THERE WAS SOMETHING WITH THE SET-BACK. THAT THEY NEEDED.
I DON'T KNOW IF THAT'S WHAT THE DI DISCREPANCY WAS, BUT THAT'S WHAT I'M WAITING ON NOW TO REDO THE PLANS AND THEN I CAN SUBMIT THEM BACK TO THE PERMIT DEPARTMENT.
>> WHEN DO YOU EXPECT TO HAVE THAT DONE?
>> I'M HOPING SOON. IT WAS OVER THE HOLIDAY AND HE'S LEAN ON HELP LIKE EVERYBODY ELSE, SO I IMAGINE HE'LL DO THE PLANS SOON AND I CAN BRING THEM BACK TO THE DEPARTMENT.
>> DO YOU HAVE ANY IDEA HOW LONG THAT WILL TAKE?
>> I DON'T KNOW. I DON'T THINK LONG.
I THINK HE HAS TO MEASURE THE SET-BACK ON THE WEST AND SOUTH OF THE POLE BARN WHERE THE WEST SLAB MOVES FORWARD.
>> HAVE YOU SPOKEN TO THE PERSON DOING THE PLANS FOR YOU?
>> HE'S GOING AS FAST AS HE CAN, BUT HE'S BUSY AND LEAN ON HELP AND BUSY WITH A LOT OF BUILDING AND RECONSTRUCTION GOING ON?
>> HOW MUCH TIME DO YOU NEED TO GET THOSE PLAN?
>> I WOULD IMAGINE IN THE NEXT THREE TO FOUR WEEKS.
[00:20:03]
>> SPECIAL MAGISTRATE IF STAFF WILL CONDITION UNTIL YOUR NEXT
DOCKET? >> WITH THE APPROVAL OF THE CITY
I'LL MOVE TO FEBRUARY DOCKET. >> I THINK THEY'RE GOING TO RESUBMIT THE PERMIT FOR ME AND I SHOULD BE GOOD TO GO ONCE THE
PERMIT IS REINSTATED. >> YOU SHOULD BE.
>> ALRIGHT. , BUT IF NOT THEN YOU HAVE TO
COME BACK ON THAT DATE. >> YEP.
GOOD LUCK. >> NEXT CASE IS 21-2075, 2211
[J. 21-2075 2211 Avenue E Covington Sr, John Daniel Leon Ed Smith]
AVENUEE. JOHN DANIEL LEON COVINGTON SR..>> I'LL READ THIS CASE INTO THE RECORD.
21-2071 FOR 2211 AVENUEE. THE CASE WAS INITIATED SEPTEMBER 3RD BY ED SMITH. THE OWNER OF THE PROPERTY IS JOHN DANIEL LEON COVINGTON SR. OF 2809 BALSAM DRIVE.
BUILDING CODE 105.1 PERMIT REQUIRED FOR MECHANICAL AC WORK, PLUMBING AND ELECTRICAL WORK. I HAVE PHOTOS TO SHOW THE RESPONDENTS BEFORE SUBMITTING THEM.
HAVE OBJECTIONS TO THE PHOTOGRAPHS BEING ADMITTED AND
ENTERED BY THE MAGISTRATE? >> SIR, STATE YOUR NAME FOR THE REC RECORD.
>> ON THE ELECTRIC THERE WASN'T NO ELECTRIC WORK DONE AT ALL.
>> ARE YOU CONTESTING THIS IS HOW IT APPEAR?
>> I'M GOING TO CONTEST ALL OF IT.
THE AC PART? YEAH THAT WAS THE ONLY THING DONE. THAT SHOULD HAVE BEEN A PERMIT
DO YOU AGREE THIS IS HOW IT APPEARS OR DO YOU DISAGREE?
>> THAT'S HOW IT LOOKS. >> BUT YOU AGREE WITH WHAT KNEED IT IS THAT MAKES IT LOOK THIS WAY SO DO YOU AGREE FOR THE SPECIAL MAGISTRATE TO LOOK AT THE PHOTOGRAPHS, AND IF YOU WOULD LIKE TO EXPLAIN YOU CAN DO THAT.
>> YES. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE FOR COMPOSITE ONE AS EVIDENCE.
>> THEY WILL BE ADMITTED AS SUCH.
>> IF I CAN HAVE MR. COST EXPLAIN.
>> THESE WERE TAKEN BY ED SMITH AND THE CONDITIONS ARE THE SAME ON JANUARY 13TH. A AND B SHOW THE NEW AC CONDENSER. PHOTOGRAPH C IS THE STOP WORK ORDER BY MR. SMITH. D IS THE PLUMBING WORK THAT WAS DONE. AND PHOTOGRAPH D YOU CAN ACTUALLY SEE THE DATE WHEN THIS PIPE WAS PRODUCED BY THE FACTORY. THIS PIPE WAS PRODUCED, MANUFACTURED AND FEBRUARY 8TH, 2021 FOR THE RECORD.
PHOTOGRAPHE SHOWS ELECTRICAL WORK ON THE SIDE OF THE BUILDING. THERE'S SOME DAMAGE THAT'S BEEN DONE AND LOOSE ELECTRICAL WIRES HERE.
PHOTOGRAPHE SHOWS THE ELECTRICAL WHIP TO THE ELECTRICAL CONDENSER
[00:25:02]
AND THIS IS DATE STAMPED SEPTEMBER 5TH OF 2020.>> ANYTHING FURTHER? >> NOT AT THIS TIME.
THANK YOU. >> WHO WILL SPEAK NOW?
>> I'LL SPEAK. >> YOUR NAME AGAIN, SIR?
>> CONQUISTADOR RAY. >> YOU OWN THE PROPERTY?
>> MY WIFE AND I OWN IT NOW. AT THE TIME ALL THIS WAS GOING ON WE DIDN'T EVEN OWN THE PROPERTY.
THE PROPERTY WE PURCHASED, I'M SURE YA'LL CAN CHECK THE RECORD, THE TIME BEFORE THE AC GOING TO GO.
I'M COOL WITH THAT. >> WE GOT A PERMIT FOR THE AC.
I DID THE AC AND THAT'S WHAT GOT SIGHTED.
NOW THE AC PART AS FAR AS I'M CONCERNED ALL THAT GOT TAKEN CARE OF BECAUSE I GOT A LICENSED AC GUY, I'M QUITE SURE YA'LL GOT IT THAT HE PULLED THE PERMIT AND CORRECTED THE STUFF.
DO YOU HAVE THAT, SIR? >> WE DO NOT HAVE ANY MECHANICAL
AC PERMITS TO DATE. >> ED SMITH? THAT'S PROBABLY WHAT YA'LL NEED TO DO IS CALL HIM AND GET TO THE BOTTOM OF IT BECAUSE IT WAS A PERMIT AND I PAID FOR IT.
SO, YOU MEAN TO TELL ME AIN'T NOBODY COME HERE AND PULL A
PERMIT TO DO THE AC? >> NO, SIR.
THERE'S NO PERMITS FOR THIS PROPERTY. YOU STATING JOHN DANIEL LEON COVINGTON SR. NO A LONGER OWNS THIS PROPERTY?
>> NO SIR. >> WHEN WAS THIS PROPERTY SOLD?
>> AT THE TIME WHEN I WAS RENTING THE PROPERTY.
>> STATE YOUR NAME. >> I'M ALICIA RALEIGH.
I RENTED THE PROBLEM FROM A HAITIAN GUY AND I CAUGHT COVID-19 AND WENT INTO THE HOSPITAL AND I WAS GOING TO PURCHASE THE PROPERTY AND THE GUY TOLD ME HE HAD TO GO OUT OF THE COUNTRY AND MY COUSIN WAS TAKING CARE OF THE PROPERTY WHEN I WENT INTO THE HOSPITAL AND THEN WE GOT EVERYTHING TRANSFERRED BACK OVER TO ME SO AT THE TIME WHEN THIS HAPPENED IT WAS STILL IN THE GUY'S NAME THAT OWNED.
WHATEVER HIS LAST NAME WAS. >> WHAT IS YOUR RELATIONSHIP TO
JOHN DANIEL LEON COVINGTON SR.? >> COUSIN.
>> I BELIEVE THEIR PULLING UP THE PROPERTY CARD AS THEY WERE SPEAKING FROM THE PROPERTY APPRAISER'S WEBSITE THAT SHOWS JOHN DANIEL LEON COVINGTON SR. STILL AS THE OWNER OF THE
PROPERTY. >> WHEN WAS THE LAST TIME HE PUT IT UP. I GOT PAPERWORK, I DON'T HAVE IT HERE IF COURT WHERE, THIS PROPERTY IS IN MY NAME.
I HAVE TO PAY TAXES ON THIS PROPERTY.
>> THIS IS THE RECORD OF THIS MINUTE.
>> MIGHT HAVE TO GO BACK AND UPDATE IT BECAUSE I GOT THE TAX PAPERS TO SHOW THAT I HAVE TO PAY TAXES ON THIS PROPERTY IN MY
NAME. >> YOU NEED TO LOOK INTO GETTING THAT CHANGED BECAUSE THAT'S WHAT IT SHOWS IN THE PUBLIC RECORD.
>> IT IS CHANGED AT THE COURTHOUSE.
>> SPECIAL MAGISTRATE I DO KNOW THAT PROPERTY APPRAISER'S OFFICE WAS BEHIND IN UPDATING THE RECORDS DUE TO COVID-19 SO IF YOU WOULD LIKE TO RECESS BRIEFLY I CAN PULL THE RECORDS ON THE ST. LUCY COURT RECORDS TO SEE IF ANY DEEDS HAVE BEEN RECORDED.
>> ALSO HOW WOULD YOU GO ABOUT GETTING A PERMIT BECAUSE THE AC GUY COULDN'T COME OUT UNTIL YOU GUYS GET THE PERMIT READY FOR HIM TO FIX THE AC, AS WELL AS I'M GOING TO GET THE ROOF DONE AND THEY HAVE NOT STARTED BECAUSE THEY WERE WAITING ON THE
PERMIT FROM HERE. >> THERE'S NO PERMITS WAITING FOR STAFF TO PROCESS. NO PERMITS HAVE BEEN APPLIED
FOR. >> THIS IS A ROOFING COMPANY OR SOMEBODY IS LYING BECAUSE I TALKED TO THE CITY DOWN HERE AND THEY SAID THEY WERE WAITING ON THIS COURT DATE RIGHT HERE TO GET THIS PAPERWORK TO GET THE ROOF DONE SO SOMEBODY NEEDS TO
BE UPDATED. >> UNFORTUNATELY THAT'S NOT PROCESS, REALLY. I'M GOING TO GIVE MR. COSS A CHANCE TO LOOK UP WHAT HE'S LOOKING FOR, BUT YOU HAVE TO
APPLY FOR THE PERMITS. >> I DID, BUT YOU'RE TELLING ME I DIDN'T HAVE ONE, BUT I PAID FOR ONE FOR THE AC GUY TO COME
[00:30:04]
OUT AND THE CODE ENFORCEMENT GUY.>> NO THE BLACK GUY THAT CAME OUT.
>> HE CAME IN THE STORE. WHATEVER HE CAME IN.
HE CAME IN THE STORE WHEN THE AC GUY CAME AND HE SEEN THE PERMIT AND I ALSO SPOKE WITH HIM, BUT HE ALSO TOLD ME HE COULD NOT TELL ME ANYTHING ELSE BECAUSE I GUESS HE'S ON SUSPENSION NOW AND GOT SOMEBODY NAMED TYRONE TO PUT EVERYTHING IN.
>> WHEN ED SMITH CAME OUT HE ALSO TOLD PLEASE WELL HE SAID THE PEOPLE IN THAT STORE BEFORE ME, HE SAY HE SPOKE WITH THEM ABOUT THE ELECTRICAL WORK AND I SAID WELL THEY DID ELECTRICAL WORK AND I DIDN'T HAVE NOTHING DONE IN THAT STORE.
THE ONLY THING I HAD TO DO IS ALL THE SUDDEN THE AC FELT LIKE IT WAS HOT AND THEN A COUPLE OF MONTHS OF TRYING TOO CLEAN UP I NOTICED THAT THE ROOF WAS LEAKING.
>> SPECIAL MAGISTRATE? THERE IS A DEED RECORDED DECEMBER 6TH, 2021 SHOWING THE PROPERTY IS OWNED AND STAFF MOVES TO DISMISS THIS CASE AND A NEW ONE WILL BE GENERATEED FOR
I WILL DISMISS THE CASE. IN THE MEANTIME THOUGH, MR. COSS DID FIND YOUR QUICK CLAIM DEED IN THE RECORD, BUT YOU NEED TO TALK SO SOMEBODY IN CODE ABOUT THE PERMITTING PROCESS BECAUSE YOU NEED A PERMIT ALMOST TO DO ANYTHING INSIDE A STRUCTURE.
>> I'M GETTING ONE DONE FOR THE ROOF SO WHO DO I NEED TO SPEAK
WITH? >> IF HE SAYS HE DOESN'T SEE ONE FOR THE ROOF THEN I NEED TO SPEAK WITH SOMEONE.
>> WHEN THEY PULL THE PERMIT THEY GET A COPY OF THE PERMIT AND THAT'S SUPPOSED TO BE POSTED ON THE PROPERTY WHILE THE WORK IS BEING DONE. SO THAT'S JUST THE PROCESS OF YOU TO AVOID RUNNING INTO THE MISTAKE AGAIN AND THE CITY WILL WORK WITH YOU, KNOCK, BUT WHEN PEOPLE COME OUT TO TELL YOU THEY'RE DOING SOMETHING YOU TELL THEM YOU NEED TO SEE A PERMIT.
ALRIGHT? WE'RE GOING TO CONTINUE THIS
UNTIL FEBRUARY? >> NO MA'AM THIS CASE WILL BE DISMISSED AND WE'LL INITIATE A NEW ONE.
>> TO YOU GET A CHANCE TO START ALL OVER AND HOPEFULLY YOU WILL GET ALL OF YOUR PERMITS AND THINGS IN ORDER.
THIS CASE IS BEING DISMISSED. ALRIGHT.
>> YOU'RE WELCOME. >> NEXT CASE.
[A. 17-2927 1305 Florida Ave Di Cio, Gabriel Gustavo Alonso, Pedro Shaun Coss ]
>> NEXT CASE IS 1329 FLORIDA AVENUE PEDRO ALONSO.
>> THIS CASE IS A LIEN REDUCTION CASE.
17-2927 FOR 1305 FLORIDA AVENUE AND THE PROPERTY IS OWNED BY GABRIEL GUSTAVO DI CIO AND PEDRO ALONSO.
THE VIOLATIONS WERE CITY ORDINANCE 5105.1 PERMIT REQUIRED AND 108.4 UNLAWFUL STRUCTURE, 506 POINT 2, 6505.1 AND 704.2 SMOKE ALARMS. THIS CAME BEFORE THE SPECIAL MAGISTRATE FEBRUARY 20, 2019. ON APRIL 18TH OF 2019 A NOTICE OF EXTENSION WAS GRANTED AND ON JULY 24TH, 2019 NO PERMITS HAVE BEEN OBTAINED AND THE VIOLATION WAS STILL IN EFFECT AND THE AFFIDAVIT OF NON-COMPLIANCE WAS RECORDED INITIATING THE FINES.
ON OCTOBER 2ND AN ORDER ASSESSING FINE WAS RECORDED.
ON DECEMBER 8TH THIS CASE WAS BROUGHT IN COMPLIANCE AND AN AFFIDAVIT WAS FILED AND THE FINES WERE STOPPED.
THERE'S SEVEN CRITERIA TO CONSIDER IN REDUCING THE LIEN.
[00:35:04]
THE GRAVITY IS MODERATE, TWO ANY AND ALL ACTIONS TAKEN BY THE VIOLATORS TO CORRECT AND NECESSARY PERMITS WERE OBTAINED AND THE WORK WAS COMPLETED. 2B IF THE VIOLATIONS WERE NOT CORRECTED BY ORIGINAL VIOLATORS WHAT WAS TAKEN TO BRING THE PROPERTY INTO COMPLIANCE. THE CONTRACTOR THAT COMPLETED THE WORK. THREE THE LENGTH OF TIME NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WAS FOUR YEARS.FOUR, THE NUMBER OF TIMES THE VIOLATOR WAS FOUND IN VIOLATION BETWEEN THE SPECIAL MAGISTRATE, CODE ENFORCEMENT BOARD OR THE JUDICIAL BOARD THAT ADMITTED GUILT WAS ZERO TIMES AND THE NUMBER OF VIOLATIONS THE VIOLATOR RECEIVED IN THE PAST AND THE DISPOSITION OF EACH NOTICE HAS BEEN 0 TIMES, SIX, TO WHAT EXTEND THERE'S TIMELY COMPLIANCE AS UNAVOIDABLE PERSONAL HARDSHIP. THE OWNER WAS LIVING OUT OF THE COUNTRY. THE OWNER FINALLY PARTNERS WITH THE CORRECT PERSON TO ADDRESS THE ISSUE AND GOT THE WORK COMPLETED AND WHETHER TO WHAT EXTEND THERE'S PROCEEDINGS ON THE SUBJECT PROPERTY OR ANY OTHER PROPERTY OWNED BY THE RESPONDENT AND THERE ARE NONE. STAFF CALCULATED THE ADMINISTRATIVE COSTS IN THIS CASE TO BE $3222 AND.50.
THE PROPERTY OWNER HAS REQUESTED THE LIEN BE REDUCED TO 3,000 DOL DOLLARS.
REDUCTION REQUEST DOES COINCIDE WITH THE SPECIAL MAGISTRATE'S RULES AND PROCEDURE REQUEST FOR REDUCTION IN LIEN, AND IF THE RESPONDENT WILL PAY 3,000 DOLLARS IF STAFF AGREES WITH THAT, THAT MAY BE APPROVED BY SPECIAL MAGISTRATE WITHOUT HAVING TO GO TO THE CITY COMMISSION FOR FINAL APPROVAL.
STAFF AGREES WITH THIS REQUEST FOR REDUCTION TO 3,000 DOLLARS.
>> ANYTHING FURTHER? >> NOT AT THIS TIME.
THANK YOU. >> SIR, WOULD YOU RAISE YOUR
HAND AND STATE YOUR NAME. >> YES.
PEDRO ALONSO. >> WERE YOU SWORN?
>> HOW DO YOU RESPOND? >> THE PROBLEM WE HAVE IS THIS PERSON BUYS THE HOUSE AND SAYS, LADY, THE VIOLATION ON THE PROPERTY AND HE'S OUT OF THE STATE AND HE LIVE IN ARGENTINA AND HE PAID $100,000 FOR THE HOUSE AND REALLY THE LADY BUY THE HOUSE FOR 40. WE GOT A LEGAL CASE NOW ON THIS WITH A LAWYER BECAUSE HE BE OUT AND SHE DO KIND OF THING IN THE HOUSE AND HE DON'T KNOW, AND WHEN HE COME HERE HE STARTED DOING THE BATHROOM AND WILL BE ON THE PROPERTY WITH HIM BECAUSE HE GOT THE VIOLATION. THE MONEY GOING THERE AND THERE AND THAT'S WHY I COME IN AND DO ALL THIS BECAUSE WE HAVE A CONTRACTOR LICENSE AND PULL ALL THE PERMITS ON THE PROPERTY AND WE DO THAT AND THEN HE GO INTO THE CITY BECAUSE HE NO GO TO THE CITY AND NEVER GO AND GOT A VIOLATION BECAUSE THE LADY THAT HAD VIOLATIONS AND SOLD THE HOUSE TO HIM AND TO IT QUICK UNTO HIM AND SHE NEVER TELL THEM THE HOUSE IN VIOLATION.
HE DON'T KNOW THE HOUSE, WHAT HE GOING TO THE CITY TO TRY AND SEE WHAT'S GOING ON AND THEN HE NEVER KNOW HE BE IN VIOLATION BECAUSE NOBODY TELL HIM ANYTHING.
>> OKAY. >> THAT'S WHY WE SEE WE CAN DO THE FIX EVERYTHING ON THE HOUSE AND GET THE HOUSE IF COMPLIANCE AND THAT'S WHAT I'M SAYING. EVERYTHING THAT NEEDS TO BE DONE. MY SIZE, YOU KNOW?
>> THE CITY HAS AGREED TO ACCEPT THE 3,000 DOLLAR OFFER.
>> WE AGREED TO DO THAT. >> YOU HAVE A RELATIONSHIP TO
THEN ANYTHING FURTHER? THEN BASED ON THE STIPULATION BETWEEN THE PARTIES I'LL REDUCE THE LIEN AMOUNT.
>> IT'S $86 THOUSAND AND WE PUT THE PERMIT AND THE CITY TAKE THE
[00:40:05]
TIME TO DO PERMITTING AND I WANT TO DO IT QUICK AS POSSIBLE AND I TOLD THE INSPECTORS TO TRY TO GET EVERYTHING SET UP AND WE DID THAT AND GET ALL THE INSPECTIONS IN.>> I'M AGREEING TO THE 3,000 DOLLARS REDUCTION THAT YOU HAVE AGREED UPON. HOW MUCH TIME DO YOU NEED TO PAY
THAT? >> WELL, I TRY AND PAY IT AS SOON AS POSSIBLE. SIX MONTH I'M GOOD.
>> GIVE ME A TIMEFRAME? SIX MONTH?
>> SIX MONTHS. >> THAT AGREEABLE WITH THE CITY.
>> WORD OF CAUTION FOR THE RESPONDENT.
SPECIAL MAGISTRATE THAT AMOUNT DOES HAVE TO BE PAID IN LESS THAN SIX MONTHS IF HE'S REQUESTING ADDITIONAL TIME IT WOULD NEED TO GO IN FRONT OF THE CITY COMMISSION FOR APPROVAL.
>> WHATEVER TIME YOU GIVE ME WE TRY TO PAY.
>> I GIVE YOU FIVE MONTHS TO PAY IT.
>> WELL I SAY I CAN DO $1,000 IN THREE MONTHS I'LL BE PAID IN
THREE OR FOUR MONTHS. >> THAT'S FINE.
YOU CAN PAY IT OFF TOMORROW IF YOU WOULD LIKE.
>> BUT I NEED TIME BECAUSE I GOT TO RENT A HOUSE.
>> I'M GIVING YOU FIVE MONTHS TO PAY IT SIR.
>> THIS WILL NOT HAVE TO GO IN FRONT OF THE CITY COMMISSION FOR
>> THANK YOU. GET WITH THE CITY AND SET UP PAYMENT PLAN SO YOU GET IT PAID OFF IN THAT FIVE MONTH PERIOD OF TIME. GOOD LUCK.
THANK YOU. >> NEXT CASE IS 20-19838081/2
[B. 20-1983 808 1/2 N 17th Street Patil, Darshan Shaun Coss]
NORTH 17TH STREET, DARSHAN P PATIL.>> THIS IS CASE 20-1938 FOR 8081/2 NORTH 17TH STREET OWNED BY DARSHAN PATIL. NORTH MIAMI BEACH, FLORIDA.
THE VIOLATIONS AT THE PROPERTY WERE THE IN THE NATIONAL PROPERTY MAINTENANCE CODE 304.13, 304.132, 603.1, 605.2, 605.3, 404.7, 305.3, 304 POIRPT 4, AND 702.4.
THIS MATTER CAME BEFORE THE SPECIAL MAGISTRATE JANUARY 20TH, 2021. A NOTICE OF EXTENSION AT THE TIME WAS PROVIDED ON MARCH 30TH, 2021 AND AFFIDAVIT OF NON-COMPLIANCE WAS RECORDED AUGUST 3RD, 2021 INITIATING FINES. ON OCTOBER 28TH, 2021 AN ORDER IMPOSING LIEN AND FINE WAS RECORDED.
THIS MATTER CAME INTO COMPLIANCE DECEMBER 9TH, 2021 AND THE FINES WERE STOPPED. THERE ARE 7 CRITERIA TO CONSIDER IN THE REDUCTION OF THIS LIEN. ONE THE GRAVITY AND SERIOUSNESS OF THE VIOLATION IS MODERATE. TWO ANY AND ALL ACTIONS TAKEN TO CORRECT VIOLATIONS IN THE NECESSARY PERMITS WERE OBTAINED AND THE REQUIRED WORK WAS COMPLETED.
THREE THE LENGTH OF TIME NEEDED TO BRING THE PROPERTY INTO COMPLIANCE. NUMBER OF VIOLATION NOTICES THE VIOLATOR HAS HAD IN THE PAST AND TEN TOTAL.
EIGHT CASES WERE COMPLIANT AND THE OTHER TWO CASES AND COMPLETE AND NECESSARY WORK. SIX WHETHER TO WHAT EXTENT THERE ARE FACTORS FOR TIMELY COMPLIANCE SUCH AS HARDSHIP AND THE OWNER CLAIMS CONTRACTOR COMPLETED THE WORK.
WHETHER OR TO WHAT PERCENT PENDING VIOLATIONS OF THE PROPERTY OR ANY OTHER PROPERTY OWNED BY THE RESPONDENT, BUT
THERE ARE NONE. >> THE PROPERTY OWNERS REQUEST SAYING THE AMOUNT OF THE LIEN OF 10870 BE REDUCED TO 543 AND.50.
[00:45:01]
STAFF HAS CALCULATED THE ADMINISTRATIVE COSTS TO BE AS SHOWN AND STAFF'S RECOMMENDATION IS TO REDUCE THE LIEN, I'M SORRY. DOING MY MATH HERE.TO REDUCE THE LIEN TO $822 AND 62 CENTS.
THAT'S THE COSTS MINUS THE 15 MONTHS COST THAT THE CASE WAS OP OPEN.
>> ANYTHING FURTHER? >> NOT AT THIS TIME, THANK YOU.
>> SIR, STATE YOUR NAME? >> MY NAME IS DARSHAN PATIL.
>> HOW DO YOU RESPOND? >> WELL EVERYTHING THAT HE'S SAYING IS SORT OF TRUE. I WOULD LIKE TO CHANGE MY R REQUEST TO BE REDUCED TO 500 SOMETHING AND SINCE HE SAYS HE HAS RECOMMENDED A NUMBER OF 800? WHAT WAS IT?
>> $822 AND 62 CENTS. WHATEVER HE SAYS THEN I WOULD LIKE THE SAME. I REQUEST MY REDUCTION BE INCREASED. SO INSTEAD I'M REQUESTING FROM 10,000 TO 500 I'M REQUESTING 10,000 TO $800.
THE SAME NUMBER HE REQUESTED. >> THEN BASED ON THE STIPULATION BETWEEN THE PARTIES I'LL REDUCE THE LIEN TO $822 AND 62 CENTS.
HOW MUCH TIME DO YOU NEED TO PAY THAT?
>> YOU GAVE HIM FIVE MONTHS. CAN YOU GIVE THE SAME TO ME?
>> SPECIAL MAGISTRATE THIS LIEN WILL NEED TO GO IN FRONT OF THE CITY COMMISSION FOR FINAL APPROVAL AS IT DOES NOT MEET THE
CRITERIA FOR FAST PAYMENT. >> OKAY.
THEN THIS, I DON'T HAVE THE FINAL SAY SO IS WHAT HE'S SAYING. THIS WILL HAVE TO GO BEFORE THE CITY COMMISSION FOR APPROVAL AND THEY WILL SEND YOU NOTICE OF THE NEXT CITY COMMISSION MEETING AND YOU CAN ATTEND THAT IF YOU WOULD LIKE TO SPEAK ON YOUR BEHALF AND DOES THIS HAVE THE $250 FEE?
>> YES, MA'AM. >> IS THAT INCLUDED IN THE 822?
>> YES. >> THERE'S A FEE THAT THE CITY CHARGES AND THAT'S $50 BUT THAT IS INCLUDED IN THE MONEY THAT YOU ALL HAVE GREED UPON. I DON'T HAVE THE FINAL SAY.
>> I NEED TO GO IN FRONT OF THE CITY?
>> YOU DON'T HAVE TO, BUT YOU CAN.
YOU CAN CALL THE CITY AND SEE WHEN THE NEXT MEETING IS.
>> I GUESS IT IS BETTER FOR ME IF I ATTEND.
>> I CAN'T GIVE YOU THAT ADVICE, SIR, BUT TALK TO THE CITY.
>> IT'S YOUR PERSONAL PREFERENCE PLACED ON THE CONTENT AGENDA AND SOMETIMES THEY PULL THEM TO DISCUSS THEM AND I'LL BE PRESENT AND CAN REPRESENT THAT YOU WERE IN AGREEMENT WITH THE REDUCTION.
>> WOULD ANYBODY BE INTERESTED TO SEE PHOTOGRAPHS?
>> NO. EVERYTHING HAS BEEN CORRECTED.
>> YES? CINDY WE HAVE A CORRECTED
ADDRESS FOR HIM, DON'T WE? >> YES WE TO.
>> THANK YOU. >> OUR LAST CASE IS WE'LL NEED THE TRANSLATOR SERVICE SO I'LL GO AHEAD AND CALL IT IN OR DO YOU WANT ME TO CALL THEM UP FIRST?
CALL THE TRANSLATOR FIRST. >> WE HAVE RERESPONDENTS AND THE COMPLAINANTS AND I'M NOT SURE THE OTHER GENTLEMEN IS HERE.
WHICH I HAVE THAT. >> I DON'T KNOW WHO THIS GENTLEMEN IS. REPO
[00:50:12]
REPO >> 1200 COLONNADES DRIVE 205.
THANK YOU. >> WE CAN CALL THAT CASE THEN FIRST. I'M NOT SURE IF THIS GENTLEMEN WAS SWORN IN SO IF WE'D LIKE TO SWEAR HIM IN.
[D. 21-1682 1200 Colonnades Dr 205 Smith, Robert Logan Winn]
>> SO WE'LL CALL IN MR. SMITH NOW CASE 1200 COLONNADES DRIVE 205. CASE 21-1602.
ROBERT SMITH. >> I'M ROBERT SMITH.
>> GOOD MORNING. >> WHENEVER YOU ARE READY?
>> CASE NUMBER 21-1628, 1200 COLONNADES DRIVE 205, CASE WAS INITIATED JULY 16TH, 2021. OPENER IS ROBERT SMITH OF 1200 COLONNADES DRIVE. CORRECTIVE ACTION IS TO OBTAIN PATIO ENCLOSURE PERMIT. ONE IS SUBMITTED AND STILL PENDING IN PLANNING. I DO HAVE PICTURES OF THE
CLOSURE THAT WAS DONE. >> HAS HE SEEN THESE PHOTOGRAPHS? DO THOSE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS? AT THIS TIME THEY WILL MOVE THEM IN AS COMPOSITE ONE?
>> THEY WILL BE ADMITTED AS SU
WHETHER WERE YOU SWORN IN PREVIOUSLY?
>> I'M NOT SURE I HEARD YOU RIGHT?
WHAT PREVIOUSLY? >> DID YOU GET SWORN?
>> HOW DO YOU RESPOND TO THE ALLEGATIONS.
>> I DON'T KNOW WHEN THIS APPLICATION WAS DONE.
IT WAS DONE LONG BEFORE I MOVED IN, SO I KNOW NOTHING ABOUT THE PERMITS AT THE TIME. I MOVED IN THERE FOUR YEARS AGO IN OCTOBER. COMPLAINT WAS FILED AGAINST A NUMBER OF CONDOS THERE BY A MEMBER OF THE BOARD THAT THERE WERE NO PERMITS FOR SOME OF THE MODIFICATIONS.
THEY TOOK A PORCH AND TURNED IT INTO AN ENCLOSED ROOM.
THIS IS BEFORE DC R. I HAVE ALL THE THINGS THEY NEED SO WE'RE WAITING FOR THEM TO COME BACK WITH AN APPROVAL SO WE CAN GET THE PERMIT. THE PERMIT HAS BEEN APPLIED FOR?
>> I DON'T KNOW. ALL I KNOW IS WHAT WE'RE DOING HERE AND THE APPLICATION FOR THE PERMIT WENT IN LAST MONTH.
>> HAVE YOU SHOWED THOSE DOCUMENTS TO MR. LOGAN WINN?
PRINTED THEM THIS MORNING, BUT MY CONTRACTORS E-MAILED THEM TO
ME, SO I PRINTED THEM OUT. >> SPECIAL MAGISTRATE I CAN PROVIDE CLARITY SO EFFECTIVE OCTOBER FIRST OF 2021 THE CITY HAS IMPLEMENTED A NEW POLICY THAT AN APPLICANT NEEDS COMPLIANCE REVIEW PRIOR TO SUBMITTING A BUILDING PERMIT AND THAT'S THE PROCESS HE'S CURRENTLY GOING THROUGH IS AN APPROVAL FOR THE DEVELOPMENT PERMIT COMPLIANCE REVIEW AND THEN HE CAN APPLY FOR THE BUILDING PERMIT SO HE'S IN THE PROCESS OF MOVING FORWARD WITH THAT AND STAFF RECOMMENDS WE
CONTINUE THIS CASE FOR 30 DAYS. >> DID YOU UNDERSTAND WHAT MR.
COSS JUST SAID? >> ONE OF THE REASONS I HAVE TO SAY THAT IT TOOK ME THIS LONG WAS THAT I NEVER, THERE WAS A LETTER MAILED ON JULY 18TH AND I DIDN'T GET HOME.
I WAS UP VISITING MY KIDS AND GRANDCHILDREN, SO I DID NOT GET HOME AND THEN I GOT INJURED AND THAT KEPT ME THERE SEVERAL MORE WEEKS WITH SURGERY ON MY ELBOW, SO I DID NOT SEE THIS LETTER UNTIL SEPTEMBER AND THEN I INQUIREED WITH A NUMBER OF CONTRACTORS WHO DID NOT WANT THE JOB AND THEN I FOUND ONE THAT
[00:55:04]
DID AND HE'S DOING IT NOW. JIM BARBERY IS TAKING CARE OF THIS AND THE ENGINEERS DRAWINGS AND EVERYTHING ARE RIGHT HERE.>> I'LL CONTINUE THIS FOR 30 DAYS OR UNTIL FEBRUARY DOCKET?
>> FEBRUARY 15 IS LESS THAN 30 DAYS.
>> IF YOU CAN'T GET EVERYTHING DONE YOU WON'T NEED TO COME BACK
IF YOU CAN GET EVERYTHING DONE. >> THANK YOU.
HAVE A GOOD DAY EVERYBODY. >> YOU TOO.
>> CINDY IF YOU CAN GET THE TRANSLATOR ON THE LINE WE'LL
CALL THEM UP. >> GOOD IDEA, I'M YOUR
INTERPRETER. >> GOOD MORNING I'M SHAUN COSS WITH THE CITY OF FT. PIERCE AND WE'RE NEEDING TRANSLATION FOR A CALL AND THEN WE'LL NEED TO SWEAR YOU IN AND THEN CALL THE
RESPONDENT TO BE HEARD. >> RAISE YOUR RIGHT HAND PLEASE?
>> I'M RAISING MY RIGHT HAND. >> YOU SWEAR YOU WILL ACCURATELY TRANSLATE THE ENGLISH TO SPANISH AND SPANISH LANGUAGE TO ENGLISH?
[A. 21-1139 1117 Paseo Avenue Rayes, Humberto & Ochoa, Hilda Frank Remling]
>> GO AHEAD AND CALL THE CASE, PLEASE?
>> SO THIS IS CASE 21-1139, 1117 PASEO AVENUE, HUMBERTO RAYES AND
HILDA OCHOA. >> AND SPESPECIAL MAGISTRATE SI THINGS NEED TO BE TRANSLATED WE LIKE THE RESPONDENT TO BE SWORN
ALREADY. >> IN SPANISH THOUGH.
>> OKAY. >> IF YOU CAN ADMINISTER THE OATH, THE TRANSLATE KERR DO THAT.
>> PLEASE RAISE YOUR RIGHT HAND? DO YOU SWEAR THAT YOU WILL ACCURATELY TRANSLATE THE ENGLISH LANGUAGE.
>> CINDY THIS IS THE REGULAR OATH FOR THEM C.
ARE ABOUT TO GIVE WILL BE TRUTH? >> SI.
>> THANK YOU. >> WHILE YOU'RE READING CASE IF YOU WILL PAUSE SO SHE DOESN'T HAVE TO UNDERSTAND IT ALL AT
ONCE. >> THIS CASE INITIATED, THE CASE NUMBER IS 21-1139. 1117 PASEO AVENUE.
[01:00:09]
THE CASE INITIATED MAY 21, 2021. OWNER IS HUMBERTO RAYES AND HILDA OCHOA. 1117 FT. PIERCE, FLORIDA.>> THE VIOLATION IS 105.1, 2017 PERMIT REQUIRED.
FENCE ACCORDING TO APPROVAL CONSTRUCTION PLANS.
SPECIAL MAGISTRATE THIS CASE HAS BEEN HERE BEFORE AND MR. RAYS NEEDED A SURVEY TO SHOW WHERE THE FENCE WAS BUILT ON THIS
>> DO WE HAVE THE SURVEY? >> I HAVE NOT SEEN A SURVEY.
DO YOU HAVE PAPERWORK? >> MA'AM?
>> STATE YOUR NAME. >> THROUGH THE INTERPRETER,
PLEASE. >> THE SIR HERE INVADE MY PROPERTY AND HE INVADE THE BACK PART OF MY HOUSE.
>> OKAY. >> HE INVADE MY HOME AND OFFEND MY WIFE AND THE NEIGHBORS BESIDE ME AND THEY TRY TO THREATEN US AND I DON'T KNOW IF HE HAD A WEAPON OR SOMETHING AND THAT'S
THE REASON I CALL THE POLICE. >> YES.
>> HE EVEN INVADED MY HOUSE AND ALSO, OFFENDED MY WIFE AND ALSO THE NEIGHBOR. HIM AND SOME OTHER ONES THAT LIVE ON HIS PROPERTY ALSO I DON'T KNOW, I DON'T KNOW IF THEY HAD A WEAPON AND THAT'S THE REASON I CALL THE POLICE.
>> OKAY. >> DAYS BEFORE THIS INCIDENT HE PASSED FRONT OF MY HOUSE AND SAID HE WILL TEAR DOWN THE FENCE
MIND OUR HOUSE. >> DID YOU GET A SURVEY?
>> SIR? >> IF YOU'LL HAVE A SEAT UNTIL
IT'S YOUR TURN TO SPEAK? >> GO AHEAD.
[01:05:28]
REPORT I DID TO 911. >> ANYTHING FURTHER?
>> AFTER I EXPLAIN THIS I DIDN'T KNOW IF I NEEDED TO BRING THE TWO WITNESSES AND THE NEIGHBOR AND I WANTED TO SHOW YOUR HONOR THESE PROOF THAT I HAVE HERE. SINCE ALL THIS BEHAVIOR FROM MY NEIGHBOR I HAVE BEEN OBEYING EVERYTHING THAT THEY HAVE SAID, BUT I'M WAITING TO SEE WHAT WILL BE YOUR ANSWER OR WHAT WE HAVE
TO DO IN THIS CASE. >> MADAM SPECIAL MAGISTRATE, IF I MAY? MY UNDERSTANDING IS THIS WAS CONTINUED THE RESPONDENT TO GET HIS OWN SURVEY.
GOT THAT SURVEY OR NOT, THAT MIGHT EXPEDITE US A LITTLE.
SHOWING WHERE THE FENCE WAS PLACED AND WHERE YOUR PROPERTY
LINE IS? >> THAT IS WHAT I'M TRYING TO EXPLAIN. WHAT IS HAPPENING.
THAT'S WHY I STOPPED EVERYTHING FOR THIS ISSUE THAT'S GOING ON.
>> SIR, DO YOU RECALL BEING HERE PREVIOUSLY IN FRONT OF THE
SPECIAL MAGISTRATE? >> YES, OF COURSE.
>> DO YOU RECALL HER TELLING YOU TO GET YOUR SURVEY DONE?
>> YES, MA'AM. >> IS THERE A REASON YOU DID NOT DO THAT BEFORE TODAY'S DATE?
>> I JUST TRIED TO EXPLAIN THAT MY NEIGHBOR WAS VERY AGGRESSIVE AND HE BROKE DOWN THE FENCE AND OFFENDED MY WIFE AND THAT'S THE REASON I HAD TO STOP THE SURVEY AND COME BACK HERE TO SEE WHAT
YOU ALL CAN HELP ME WITH. >> WHO DID YOU HIRE TO DO THE SUR SURVEY?
>> YES, I CALL THE COMPANY AND THEY WAS ABOUT TO COME WHEN ALL THIS ISSUE STARTED AND I TOLD THEM TO WAIT.
I DON'T KNOW IF THE NEIGHBOR HAS TO FIX THE BROKEN FENCE OR WHAT
[01:10:02]
IS THE FOLLOWING STEP THAT WE NEED TO GO AHEAD AND CONTINUE.>> SO DID YOU HAVE ANYONE COME OUT TO TRY AND DO A SURVEY FOR Y YOU?
NO. WE WAS WAITING ON THEM TO COME AND THEN THIS ISSUE WITH THE NEIGHBOR STARTED AND WE HAD TO CLARIFY EVERYTHING WITH HIM BEFORE WE CONTINUE.
THAT'S THE REASON I STOPPED IT. >> AND YOU INDICATED YOU CALLED THE POLICE, SIR?
>> YES, CORRECT. >> WHEN WAS THAT?
>> DECEMBER 12TH. >> OF WHAT YEAR?
>> OH, 2021. >> DO YOU HAVE SOMETHING THAT YOU WOULD LIKE US TO LOOK AT? WHAT IS IT THAT YOU HAVE?
>> HE SAID THE PICTURE IS OF THE BROKEN FENCE THAT THE MAN DID.
SORRY, MA'AM? I HAVE ALSO THE POLICE REPORT HERE IN MY PHONE. WE HAVE IT HERE.
>> I'M NOT SO MUCH CONCERNED ABOUT THE POLICE REPORT AS I AM ABOUT THE FACT THAT THIS PROPERTY NEEDS TO BE SURVEYED SO WE CAN GET THE PROBLEM TAKEN CARE OF.
>> AND IF HE'S FINISHED TESTIFYING I'M NOT SURE HE HAS ANYTHING ELSE, BUT I'D LIKE TO REDIRECT MR. REMLING.
DO YOU HAVE ANYTHING ELSE YOU WOULD LIKE TO SAY, SIR? THE SAME MISTER THAT IS RIGHT NOW IS COMPLAINING ABOUT ME, BUT HE'S THE ONE THAT STARTED THIS, BUT I AM NEW TO THIS COUNTRY AND I'M TRYING TO DO EVERYTHING. FOLLOW THE INSTRUCTIONS AND THE RULES AND DO WHATEVER YOU TELL ME TO DO.
>> IF I MAY? I JUST WANT TO A LITTLE BIT OF BACKGROUND. MR. REMLING WAS A SURVEY DONE IN
THIS CASE? >> I HAVE NOT SEEN ONE.
I THINK THE GUY WHO HAS ONE. >> HOLD ON.
>> SORRY MA'AM, I ONLY CAN HEAR ONE PERSON AT A TIME.
>> YES, MA'AM. MY QUESTION WAS WHETHER A SURVEY
HAD BEEN DONE IN THIS CASE. >> YES, THE NEIGHBOR HAS ONE
THAT HE GOT. >> HAVE YOU SEEN THE SURVEY
YOURSELF? >> YES, I'VE SEEN IT.
THE LAST TIME WE WERE HERE, YES. >> WHERE DOES THE PROPERTY LINE THAT THE CITY SHOWS, LET ME REPHRASE THIS.
[01:15:03]
WHERE IS THE PROPERTY LINE ACCORDING TO THE CITY'SUNDERSTANDING? >> ON THE SURVEY? WHERE IT SHOULD BE ON HIS SURVEY.
I'M NOT A SURVEY GUY, SO I WOULD NOT BE ABLE TO TELL YOU EXACTLY.
>> FROM THE SURVEY THAT YOU HAVE SEEN, IS THE FENCE THAT THE NEIGHBOR PUT UP IN COMPLIANCE WITH HIS SURVEY?
>> THE ONE HE GOT, I WOULD ASSUME.
HE PAID TO GET IT DONE. >> DO YOU HAVE A PHOTOGRAPH?
>> OF HIS SURVEY? >> OF THE FENCE?
>> YES. OF THE FENCE THAT WAS PUT UP, Y YES.
>> HAVE THE RESPONDENTS SEEN THOSE PHOTOGRAPH?
>> YES. >> DO THEY FAIRLY AND ACCURATELY DEPICT THE FENCE AS YOU SAW IT? AND MADAM SPECIAL MAGISTRATE WHAT HE WAS TELLING ME IS THESE PHOTOGRAPHS ARE OF THE FRONT OF THE FENCE? AT THIS TIME THE CITY WILL MOVE IN PHOTOGRAPHS AS EXHIBIT COMPOSITE ONE.
>> MOVED AS SUCH. >> SIR, THE ISSUE IS THE BACK PORTION OF THE FENCE WHETHER IT CROSSES INTO THE NEIGHBOR'S
PROPERTY OR NOT? >> YES, MA'AM.
>> I DON'T HAVE ANY OTHER QUESTIONS FOR HIM.
SIR? CAN YOU ALL MOVE OVER A LITTLE BIT AND ALLOW THE GENTLEMEN HERE TO COME UP TO THE PODIUM?
>> GOOD MORNING. I'M JAMES BRIAN.
THE OWNER OF THE PROPERTY THAT I HAD SURVEYED OVER A YEAR AGO.
THE GENTLEMEN PULLED THE ARGUMENT UP AND BUILT A FENCE
THERE. >> I CONFRONTED HIM ABOUT IT AND HE SAID, I LIKE THE FENCE AND YOU LIKE IT TOO.
THAT'S THE WAY IT IS. I SAID, NO.
I LEFT AND CALLED A SURVEYOR OUT.
THAT WAS A YEAR AGO. WHEN THE SURVEYOR STAKED IT OUT, MY PROPERTY IS ON THE OTHER SIDE OF THE PROPERTY IN MY YARD NOW.
FROM WHAT MY UNDERSTANDING WAS, HE TOLD ME HE WOULD PAY ME BACK FOR THE SURVEY AND HE SAID, SINCE THE WALL WAS BUILT, I'LL
GIVE YOU THE WALL. >> IF YOU LOOK BACK THROUGH THE COURT RECORDS I ASKED YOU LAST TIME COULD I ASK YOU A QUESTION AND YOU TOLD ME NO AND THAT'S WHAT I WAS GOING TO ASK HIM.
[01:20:06]
I WOULD LIKE THE WALL GONE. I DON'T KNOW WHAT'S GOING TO HAPPEN TODAY, BUT I KNOW IN A WEEKEND IT WOULD BE GONE.I'VE DONE HAD ENOUGH OF THIS. >> MY UNDERSTANDING WAS WHEN YOU TOLD HIM THE LAST TIME YOU WOULD GIVE HIM TWO MONTHS AND I ASKED FOR 30 DAYS AND YOU'VE GIVEN HIM MORE THAN ENOUGH TIME TO GET A SURVEY. ME NOT TO BE SEVEN BLOCKS OFF THAT WALL DID NOT STOP HIM FROM GETTING A SURVEY.
>> I FEEL LIKE THE REASON HE'S NOT GOTTEN THE SURVEY IS HE'S ON EVERYBODY ELSE'S PROPERTY.
, BUT ONLY GOT A SURVEY FOR MINE AND THAT'S WHAT I'M CONCERNED
ABOUT. >> THE SURVEY YOU HAVE, IS THAT
I CAN GIVE YOU THIS. YOUR OFFICE OUTSIDE THE BUILDING
MADE A COPY. >> AT LEAST SO THE SPECIAL MAGISTRATE CAN LOOK AT WHAT YOU ARE LOOKING AT?
THEY TOLD ME THEY WOULD GO TO COURT WITH ME THE SURVEY COMPANY. YES, MA'AM.
>> WHEN THE OFFICER DID COME OUT THAT DAY THEY TOLD HIM THEY NEEDED TO HAVE A SURVEY BEFORE HE WENT TO COURT.
>> I FEEL LIKE THIS ONE HERE IS ON SOMEBODY ELSE'S PROPERTY.
THE WAY HE'S GOT THE DIRT AND ALL.
I DON'T NEED TO PROVE THAT. YES, MA'AM?
>> ON THIS PICTURE THAT'S ON THE SCREEN, WHERE IS YOUR PROPERTY?
>> BEHIND IT WHERE THAT LITTLE HOUSE MIND IT, MY PROPERTY IS THERE SO THIS IS ALL THE SIDE OF HIS HOUSE.
>> WHAT PART OF THIS THAT'S IN CONCRETE IS ON YOUR PROPERTY?
>> EVERYTHING MIND HIS HOUSE IS ON MY PROPERTY EXCEPT ONE END OF IT, THE FENCE IS NOT TOTALLY ON MY PROPERTY BUT THE SURVEY WILL TELL YOU WHAT PERCENTAGE OF IT, MA'AM.
ON THE BACK END WHERE THIS THE FRONT IS RIGHT HERE, MY PROPERTY IS INSIDE HIS FENCE NOW.ON THE FRONT IS RIGHT HERE, MY PROPERTY
IS INSIDE HIS FENCE NOW. >> ANYTHING FURTHER?
[01:25:02]
>> I'M GOING TO GIVE THIS BACK TO YOU.
>> YOU CAN HAVE IT IF YOU LIKE. I DON'T CARE.
THEY'VE MORE COPIES OF IT. >> THIS ONE HAS THE SEALS ON IT.
I CAN GET MORE FROM THE COMPANY. YOU ARE WELCOME TO KEEP THAT.
THESE PICTURES. I MEAN I KNOCKED THE BLOCKS OFF TO LET HIM KNOW I'VE HAD ENOUGH. THERE WAS NO THREAT.
HIS NEIGHBOR YELLED AT ME AND I YELLED BACK AT HIM.
THE COPS WAS THERE. >> THANK YOU.
HIS PROPERTY AND I DID IT FROM MY SIDE.
I TOOK A TWO POUND SLEDGEHAMMER. HE HAS NO MORTAR ON THE BACKSIDE OF THIS STUFF. I CAN SHOW YOU PICTURES HERE.
FROM MY UNDERSTANDING HE DID NOT GET A PERMIT UNTIL I GOT THE SURVEY DONE AND BROUGHT IT TO CODE ENFORCEMENT.
I MIGHT BE WRONG THERE BUT I'M PRETTY SURE THAT'S WHAT HAPP HAPPENED.
>> AND I BELIEVE SPECIAL MAGISTRATE THE RESPONDENT WANTED THOSE TO BE CONSIDERED AND I HAVE NO OBJECTION TO THEM BEING
RESPONDENT'S EXHIBIT ONE. >> THEY WILL BE ADMITTED AS SU SUCH.
>> THIS GENTLEMEN, MIGHT HAVE BEEN YOU THAT I TALKED TO OUTSIDE, YOU ASKED ME DID I SELL THE HOUSE? I TOOK THE SIGN DOWN BECAUSE NOBODY WANTED TO DEAL WITH THIS PROBLEM. YOU UNDERSTAND WHAT I'M SAYING? I TOLD THE OTHER NEIGHBOR WHEN I SOLD THE HOUSE AND DIDN'T HAVE TOO WORRY ABOUT IT.
>> ANYTHING FURTHER? >> MA'AM?
>> IF YOU WOULD LIKE TO SHOW THE LADY?
>> WHAT DO YOU HAVE PHOTOGRAPHS OF, SIR?
>> THAT'S ON MY SIDE. >> I'LL LOOK AT IT.
YOU WANT THE SPECIAL MAGISTRATE TO CONSIDER THIS TO SHOW THAT THE QUALITY OF THE WORK THAT WAS DONE?
>> NO, HE PULLED THE MONUMENT UP ON THE PROPERTY WHERE THE STATE
HAS BEEN THERE FOR YEARS. >> IF WE CAN MAKE SURE THE RESPONDENTS ARE ABLE TO SEE THOSE? JUST SO THEY KNOW WHAT THE SPECIAL MAGISTRATE WAS SHOWN, PLE PLEASE?
>> ARE THOSE BLOCKS SECURED? >> MA'AM, YOU SEE THE PICTURE.
I'M NOT TRYING TO BE RUDE. DON'T THINK I AM.
I'VE JUST HAD ENOUGH OF THIS AFTER A YEAR.
AND I DID SPEAK WITH HIS WIFE THAT DAY AND ASKED TO SPEAK WITH
[01:30:04]
HER HUSBAND AND I TOLD HER THAT I WOULD BE TEARING THE FENCE DOWN. I'M NOT DENYING NOTHING THATHE'S SAYING THERE. >> ANYTHING FURTHER?
>> NO MA'AM. >> SIR, IF YOU'LL HAVE A SEAT?
THANK YOU, SIR. >> THE GENTLEMEN IS SAYING WORDS
THAT HE HAS NOT SAID. >> LISTEN.
IS THAT WALL PERMANENT? THAT FENCE?
>> I DIDN'T HEAR WHAT YOU SAID, SORRY.
>> IS THE WALL OR THE FENCE PERM
THE WALL IS JUST HOW IT WAS BEFORE.
I JUST WANT TO GIVE MY TESTIMONY OF HOW EVERYTHING WENT DOWN.
>> OKAY. THE GENTLEMEN CAME IN FRONT OF MY HOME AND HE WAS SPEAKING IN SPANISH AND I WAS SPEAKING IN
ENGLISH BUT THE WAY THAT HE ACT. >> YES, HE SPOKE TO ME IN A VERY THREATENING AND AGGRESSIVE WAY AND THAT WALL HE WAS GOING TO TEAR THE WALL DOWN, BUT WE IS IN THE PROCESS AND WE HAVE TO WAIT
UNTIL COURT DECIDE WHAT TO DO. >> WHICH COURT ARE YOU TALKING
>> WELL DO YOU AGREE THAT YOUR HUSBAND AND YOU BUILT THE FENCE
ON THIS GENTLEMEN'S PROPERTY? >> ONLY TWO INCHES LIKE THIS.
THAT IS ALL WE HAD BUILT. TWO INCHES.
>> ON THE OTHER SIDE I HAVE EIGHT INCHES AND HE'S SAYING I
AM INVADING HIS PROPERTY. >> WHY DIDN'T YOU GET A SURVEY DO DONE?
>> LIKE HOW I EXPLAIN THAT HE SAY HE WAS GOING TO TEAR DOWN THE WALL AND THAT'S WHY I CANNOT ALLOW THAT BECAUSE I HAVE PETS AND DOGS AND THAT'S THE REASON I AM NOT WORKING.
[01:35:02]
>> DO YOU ADMIT THAT YOUR FENCE IS ON A PORTION OF HIS PROPERTY?
THAT'S WHY WE HAVE TO MAKE A NEW FE
FENCE. >> DO YOU HAVE ANYTHING
>> HOW LONG WILL IT TAKE YOU TO GET A SURVEY?
>> I AGREE AND I WILL DO IT ONCE YOU ALL EXPLAIN TO THE GENTLEMEN
HERE THAT HE CANNOT INTERFERE. >> YOU ARE ON HIS PROPERTY.
THE LIMIT BETWEEN THE PROPERTIES IS BECAUSE OF THE WAY HE ACTS, HE'S AGGRESSIVE. HE'S WELL, HE DOESN'T LET US PROCEED. THAT'S THE REASON WHY WE CANNOT CONT CONTINUE.
>> OKAY. YOU ALL CAN HAVE A SEAT.
>> THE ONLY TIME I DID SOMETHING WRONG WAS THAT SUNDAY AND I'LL ADMIT TO THAT I'VE NEVER BEEN THERE IF HE HAD A SURVEYOR THERE. WHEN I HAD MY SURVEY DONE THEY HAD TO COME BACK THE NEXT DAY TO SHOW HIM THAT HE COULD NOT MESS WITH THEM. HE WANTED TO SHOW THEM A PIECE OF PAPER AND THEY SAID THEY HAD TO GET THE JOB DONE.
HE WAS THE ONE THAT WAS AGGRESSIVE.
I DON'T EVEN STAY THERE MOST OF THE TIME.
I SPEND MOST OF MY TIME IN FLORIDA.
>> SIR, YOU HAVE TO BE AT THE MICROPHONE.
>> I DROVE BACK FROM NORTH FLORIDA AT MY PLACE ON THE RIVER LAST NIGHT TO BE HERE. AND I NEVER DID IT NO MORE, SO I DON'T KNOW WHAT HE'S TALKING ABOUT IF YOU CAN TELL ME WHAT DAY HE'S GOING TO HAVE SURVEY DONE I'LL MAKE SURE I'M NOT THERE IF HE'S SAYING I'M INTER
INTERFERING. >> HOW MUCH DID YOUR SURVEY COST
I HAVE THE RECEIPT. HE TOLD ME HE WOULD PAY FOR IT BUT WE KNOW THAT'S NOT GOING TO HAP
>> AFTER SPEAKING WITH STAFF WE'RE ASKING THAT YOU RULE TODAY. THE RESPONDENTS WERE GIVEN TIME
[01:40:02]
TO GET THE SURVEY DONE AND HAVE NOT DONE SO, SO WE'RE ASKING ARULING BE ISSUED TODAY. >> I MEAN ACTUALLY THE-FOOTER IS WAY OVER ON THE PROPERTY COMPARED TO THE FENCE.
>> ALRIGHT BASED ON THE EVIDENCE PRESENTED I FIND THAT A VIOLATION EXISTS AT 1117 PASEO AVE AVENUE. AND THAT HUMBERTO RAYES AND HILDA OCHOA ARE RESPONSIBLE FOR THE VIOLATION.
I'M GOING TO GIVE YOU 30 DAYS TO WORK TOWARDS PULLING A PERMIT.
AND YOU OBTAIN AN APPROVAL FOR ALL REQUIRED INSPECTIONS.
AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED.
COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED THE ORDER. NOT REQUIRING A PERMIT OR A FINE OF $100 A DAY BE ASSESSED. THE FENCE MUST BE BUILT ACCORDING TO APPROVED CONSTRUCTION PLANS.
>> SPECIAL MAGISTRATE? >> YES.
FOR CLARITY OF THE ORDER A PERMIT HAS BEEN ISSUED ALREADY.
YOUR DETERMINE BE ADMITTED FOR A SURVEY AS A REVISION TO THE
PERMIT WITHIN 30 DAYS. >> I WILL ORDER THAT AS YOU JUST STATED WITHOUT HAVING TO MESS IT U
UP. >> SIR? YOU HAVE TO COME TO THE MICROPHONE.
>> IF YOU ARE ORDERING HIM TO TEAR THAT FENCE DOWN I WOULD LIKE TO HAVE IT RESURVEYED AT HIS COST BECAUSE THE STATE IS ON THE OTHER SIDE. WHEN HE DID UP THE-FOOTER AND STUFF IT WILL BE ON HIS SIDE BUT IT WILL BE ON MY SIDE PULLING IT UP IF YOU UNDERSTAND WHAT I'M SAYING? AND THIS PROPERTY STEAKS WOULD BE PUT BACK TO WHERE THEY NEED TO BE.
>> HOLD ON. LET HER INTERPRET.
THANK YOU. YOU HAVE 30 DAYS TO APPEAL MY DECI DECISION.
>> WHAT EXACTLY WAS YOUR DECISION? DOES HE HAVE TO TAKE THE WALL DOWN OR WHAT?
>> NO. HE HAS TO DO THE CORRECTIVE ACTION AND BUILD A FENCE ACCORDING TO THE APPROVAL
[01:45:01]
CONSTRUCTION PLANS AND THAT'S ON HIS PROPERTIES.>> THE WALL THAT'S ON MY PROPERTY THAT HE BUILT, WHAT DO I DO? WHEN I GO HOME I CAN TAKE MY
BULLDOZER AND TEAR IT DOWN? >> I CAN'T TELL YOU THAT.
LET'S LET REASONABLE HEADS PREVAIL.
SIR, YOU'RE ON HIS PROPERTY WITH YOUR FENCE.
PART OF THE FENCE THAT'S ON HIS PROPERTY, IS THAT CLEAR?
>> IT STARTS TO SHALLOW AT ONE END AND GOES ALL THE WAY TO THE OTHER END SO HE HAS TO TAKE THE-FOOTER BEFORE I DO ANYTHING.
I WANT TO HAVE THAT CLARIFIED BEFORE WE LEAVE HERE TODAY.
>> YOU UNDERSTAND WHAT I'M TRYING TO SAY, RIGHT?
>> YES. >> I WANT TO MAKE SURE EVERYBODY UNDERSTAND, SO WHEN HE TAKES THE WALL DOWN THAT THEY WOULD HAVE TO GET THE RIGHT SURVEY STUCK RIGHT BACK IN THERE SINCE I ALREADY SPENT THAT HE WAS WRONG. SEEMS LIKE I SHOULD GET SOME MONEY BACK BUT I DON'T KNOW HOW TO DO THAT.
>> THAT'S A DIFFERENT MATTER. >> SO HOW MANY DAYS ARE YOU GIVING HIM TO TAKE THE WALL OFF MY PROPERTY?
>> 30 DAYS TO COMPLY. >> ANYTHING FURTHER?
>> CAN I SPEAK? >> YOUR HONOR THAT WALL BETWEEN US HAS 600 BLOCKS AND I'M 66 AND YOU ONLY GIVING ME 30 DAYS.
I'M NOT WORKING AND I DON'T KNOW HOW TO TEAR THAT WALL DOWN.
YOU'RE SENTENCING ME TO DEATH. >> SIR? SIR? SIR? YOU PUT IT UP. YOU TAKE IT DOWN.
YOU HAVE 30 DAYS TO PULL THAT PERMIT AND THE CITY ALLOWS YOU SO MUCH TIME TO GET THE WORK DONE SO GET IT DONE.
THANK YOU SO MUCH. >> THANK YOU.
>> NEXT CASE MADAM CLERK? >> MADAM INTERPRETER WE'RE FINISHED WITH YOUR SERVICE, SO WE'LL DISCONNECT AT THIS POINT.
[01:50:04]
>> THANK YOU FOR CALLING. >> THANK YOU.
>> NEXT CASE? >> SO WE'LL DO THE CASES WHERE
[H. 21-1941 411 N 2nd Street House that Cider Built LLC Anthony Jetmore]
NO ONE IS PRESENT? WE'LL START WITH 21-1941-411 NORTH SECOND STREET. WHEN YOU ARE READY?>> SO THIS IS FOR CASE 21-1941. ADDRESS IS 411 NORTH SECOND STREET AND THE OWNER IS THE HOUSE THAT CIDER BUILT.
THEIR COMPANY ADDRESS IS 527 DING, WILMINGTON, FLORIDA.
THE ACTION NEEDED IS TO OBTAIN A PERMIT FOR INSULATION WITHOUT A
PERMIT. >> DID YOU OBSERVE THAT STAGE?
>> YES. >> DID YOU TAKE PHOTOGRAPHS OF
IT? >> I TOOK THIS CASE OVER FOR A FORMER EMPLOYEE. JOHN.
HE TOOK THE PICTURES. >> AND WHEN DID YOU OBSERVE THE
STAGE? >> I OBSERVED THE STAGE, I THINK
IN NOVEMBER. >> DO THOSE PHOTOGRAPHS ARE THEY IN THE SAME CONDITION, IS THE STAGE IN THE SAME CONDITION AS
IT IS IN THE PHOTOGRAPH? >> YES.
>> DO THEY FAIRLY AND ACCURATELY DEPICT THE STAGE? AT THIS TIME WE MOVE INTO THE CITY'S EXHIBIT COMPOSITE ONE THE PHOTO PHOTOGRAPHS.
AND ARE THOSE ADMITTED SPECIAL MAGISTRATE?
>> ADMITTED AS YOUR COMPOSITE. I'M TRYING TO FIND A FACTS SHEET ON THAT? WHAT NUMBER IS IT?
>> IT IS 211941 IS THE CASE NUMBER.
>> I'M LOOKING FOR THE 5K. I KNOW WE HAD TO RENUMBER THESE.
IS ANYONE HERE ON BEHALF OF ANTHONY JET MORE?
>> HAVE YOU APPLIED FOR A PERMIT?
>> I'M THE BUILDING INSPECTOR, THE INVESTIGATOR THAT TOOK OVER.
>> IS ANYONE HERE ON BEHALF? >> I'M MR. JETMORE.
>> TELL ME YOUR RELATIONSHIP TO THE STAGE?
>> I'M JUST THE BUILDING INSPECTOR THAT TOOK OVER FOR THE PREVIOUS INSPECTOR ON THE VIOLATION OF WORK WITHOUT A PER PERMIT.
>> ALRIGHT. NOW I HAVE IT STRAIGHT.
ALRIGHT. I DON'T SEE ANYONE HERE ON BEHALF OF THE HOUSE OF THE CIDER BUILT I FIND THAT A VIOLATION EXISTS AND THE HOUSE THAT CIDER BUILT IS THE RESPONSIBLE PARTY.
I'LL GIVE THEM 60 DAYS TO OBTAIN APPROVAL FOR ALL INSPECTIONS
[01:55:05]
EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED AND COMPLY AND CURE ALL OTHER VIOLATIONS DESCRIBED THE ORDER NOT REQUIRING A PERMIT OR A FINE PER DAY BE ASSESSED.[C. 21-1416 3501 Fontaneda Avenue Lee, Kin Ball Logan Winn]
>> WE HAVE CASE 21-1416 S, FONTANEDA AVENUE.
>> ALRIGHT. WHEN YOU ARE READY?
>> CASE 21-1416, FONTANEDA AVENUE.
THE OWNER IS KIN BALL LEE OF FONTANEDA AVENUE.
VIOLATIONS FBC 105.1, PERMIT REQUIRED.
CORRECTIVE ACTION IS TO OBTAIN PERMIT FOR REPLACING THE AC UNIT WITHOUT A PERMIT. THIS IS A CASE THAT WAS ALREADY HERE I BELIEVE LAST MONTH. I DO HAVE A COUPLE OF PICTURES THAT I THINK HAVE BEEN ENTERED AS EXHIBIT ONE.
>> WAS THIS CONTINUED THEM TO OBTAIN THE PERMIT AND HAVE YOU
>> WE'LL MOVE THE PHOTOGRAPHS IN SO THE SPECIAL MAGISTRATE HAVE THEM. DO THEY FAIRLY AND ACCURATELY
DEPICT THE AC UNIT? >> THEY WILL BE ADMITTED AS
SUCH. >> AND IF MY MEMORY IS CORRECT, THIS IS THE ONE THAT YOU SAW THEM WORKING AND THEN INSTALLING
IT, IS THAT CORRECT? >> I TALKED TO THE OWNER AFTER THE LAST MAGISTRATE HEARING TRYING TO HELP HIM.
HE WAS HAVING A HARD TIME WITH THE CURRENT CONTRACTOR AS FAR AS
THEM CONTACTING THEM. >> AFTER THAT NO CONTACT?
>> ANYTHING FURTHER? BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT FONTANEDA AVENUE AND I WILL ORDER THAT THEY BE GIVEN 60 DAYS TO OBTAIN A PERMIT AND APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL PERMIT HAS BEEN CLOSED AND COMPLY WITH PERMIT CONDITIONS AND CURE ALL VIOLATIONS IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 A DAY BE ASSESSED.
[E. 21-1826 502 Wendell Road Wallace, Sean & Sirena Logan Winn]
30 DAYS TO APPEAL. >> CASE 21-1826502 WEN 502 WEND R ROAD.
>> 502 WENDELL ROAD CASE INITIATED JULY 28TH OF 2021.
THE OWNERS ARE SEAN AND SIRENA WALLACE, FORCE PIERCE, FLORIDA.
VIOLATIONS FBC 105.1, 501 PER MYTH REQUIRED.
IPMC 304 POINT 1 STRUCTURAL. EXTERIOR STRUCTURE.
IPMC INTERIR SURFACES. CORRECTIVE ACTIONS TO OBTAIN A PERMIT FOR REPLACING THE ROOF WITHOUT A PERMIT.
REPLACE THE ROTTEN STRUCTURES OF THE CARPORT AND THE ROTTEN SO FIT AND FASCIA AND REPAIR OR REPLACE THE BROKEN WINDOW OR DOOR. REPLACE THE BROKEN DOOR AND THE TILE AROUND THE BATHTUB. THE PERMIT HAD BEEN APPLIED FOR, FOR THE FLAT ROOF AREA ONLY. NO PERMITS FOR ANY OTHER WORK.
NO CONTACT. >> DO YOU HAVE PHOTOGRAPHS? DO THEY FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS AS YOU OBSERVED THEM? AT THIS TIME THEY WILL BE
ADMITTED AS COMPOSITE EVIDENCE. >> THEY WILL BE ADMITTED AS SU SUCH.
>> ANYTHING ELSE? >> NO MA'AM.
>> ALRIGHT. THERE DOES NOT APPEAR TO BE
[02:00:02]
ANYBODY HERE ON BEHALF OF SEAN AND SIRENA WALLACE.THAT BEING THE CASE AND THE EVIDENCE THAT'S BEEN PRESENTED I'LL GIVE THE VIOLATORS 60 DAYS TO OBTAIN A PERMIT AND APPROVAL FOR ALL INSPECTIONS 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED AND COMPLY WITH ALL PERMIT CONDITIONS AND CURE ALL VIOLATIONS IN THE ORDER NOT REQUIRING A PERMIT OR $100 A DAY WILL BE ASSESSED. 30 DAYS TO APPEAL.
[B. 21-1165 1229 Orange Avenue Vega's Home Construction Inc Ed Smith]
>> AND THE LAST ONE WE HAVE CASE NUMBER 21-1165, 1229 ORANGE AVE AVENUE.
>> THIS IS CASE 21-1165 FOR 1229 ORANGE AVENUE.
THE CASE WAS INITIATED MAY 26TH, 2021 BY ED SMITH AND IS OWNED BY VEGA'S HOME CONSTRUCTION, INC. ON GRANADA STREET IN FLORIDA.
THE VIOLATIONS AT THE PROPERTY ARE FLORIDA BUILDING CODE 105.1, PERMIT REQUIRED AND THE PERMIT IS REQUIRED FOR THE STRUCTURAL WORK ON THE BILLBOARDS THAT ARE BEING DONE.
>> I DO HAVE PHOTOGRAPHS FOR THE RECORD.
>> WERE YOU THE INSPECTOR THAT INITIATED THIS CASE?
>> I WAS NOT. ED SMITH WAS THE INITIAL INSPECTOR THAT INITIATED THIS CASE.
I DID GO BY THE PROPERTY ON JANUARY 23RD, 2022 AND IDENTIFIED THE CONDITIONS OF THE PROPERTY ARE THE SAME AS SHOWN
IN THE PHOTOGRAPH. >> AT THIS TIME THE CITY WILL
MOVE INTO EVIDENCE EXHIBIT ONE. >> ANYTHING FURTHER MR. COSS?
>> NO MA'AM. >> THAT BEING SAID, THERE IS NO ONE HERE ON BEHALF OF VEGA'S HOME CONSTRUCTION, INC. HOWEVER BASED ON THE TESTIMONY PRESENTED I FIND THAT THEY ARE THE PARTY RESPONSIBLE FOR THE VIOLATION AT, 1229 ORANGE AVENUE.
I WOULD GIVE THEM 60 DAYS TO OBTAIN A PERMIT AND APPROVAL FOR ALL REQUIRED INSPECTIONS EVERY 180 DAYS UNTIL PERMIT HAS BEEN CLOSED AND COMPLY WITH OTHER PERMIT CONDITIONS AND CURE ALL VIOLATIONS IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 WILL BE ASSESSED. 30 DAYS TO APPEAL.
IS THAT IT? >> WHAT ABOUT THE VIOLATORS THAT
ARE NOT PRESENT? >> HOW WERE THEY NOTIFIED?
>> THE CASES REQUIRING NOTICE PER STATUTE A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL IF THE GREEN CARD IS RETURNED SIGNED IT'S IN THE FILE IF IT'S UNCLAIMED AN AFFIDAVIT OF MALEING WITH THE NOTICE OF HEARING ENCLOSED IS MAILED TO THE VIOLATOR. TEN DAYS BEFORE TO HEARING A NOTICE OF HEARING IS SENT WITH AFFIDAVIT OF MAILING ATTACHED.
COPIES OF ALL DOCUMENTS ARE PLACED IN THE FILE TEN DAYS BEFORE TO HEARING A NOTICE OF HEARING POSTED ON THE BULLETIN BOARD IN THE LOBBY OF CITY HALL AND A NOTICE OF HEARING POSTED AT THE PROPERTY IN QUESTION. IF THE CERTIFICATION CARD IS NOT RETURNED TO THE BUILDING DEPARTMENT IN TEN DAYS POSTING IS COMPLETED THE SAME WAY AS IF THE CARD WAS RETURNED UNCLAIMED.
WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.