[1. CALL TO ORDER]
[00:00:05]
>> GOOD MORNING I'M FRAN ROSS THE SPECIAL MAGISTRATE WILL BE PRESIDING THIS MORNING. YOU RECEIVED NOTICE THAT YOUR PROPERTY WAS IN VIOLATION OF A PARTICULAR CITY CODE OR ORDINANCE OR YOU WERE GIVEN A TRAFFIC CITATION FOR THOSE OF YOU THAT WISH TO BE HEARD WE'LL CALL YOUR CASES SHORTLY.
PLEASE BE ADVISED, DID WE JUST GO OFF?
>> I'M SWITCHING MONITORS. >> DO I CONTINUE SO PLEASE BE ADVISED WE'LL CALL YOUR CASE SHORTLY FOR THOSE THAT WISH TO BE HEARD AND THESE PROCEEDINGS ARE TELEVISED TO BE CAREFUL WHAT YOU SAY UP HERE. DOES ANYBODY NEED AN INTERPRETER IF YOU DON'T MIND PLEASE 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.>> WILL THOSE OF YOU THAT ARE GOING TO
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
TESTIFY PLEASE REMAIN STANDING SO THE CLERK CAN SWEAR YOU IN?>> COULD YOU PLEASE RAISE YOUR RIGHT HAND? DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY TODAY WILL BE THE TRUTH? THANK YOU.
[A. 19-3145 4060 Selvitz Road Johnson, Bobby & Wanda Shaun Coss]
>> FIRST CASE IS 193145 BOBBY AND WANDA JOHNSON ARE THE OWN OWNERS.
>> GOOD MORNING. THIS IS CASE 19-3145 FOR THE PROPERTY THAT'S OWNED BY BOBBY AND WANDA JOHNSON.
4060 SELVITZ ROAD. FORT PIERCE.
CITY ORDINANCE SECTION 105.1 PERMIT REQUIRED AND 105.4 POINT 2 EXPIRED PERMIT. THIS CAME BEFORE YOU APRIL 21ST, 2021. ON OCTOBER 18TH, 2021, THERE'S A 90 EXTENSION OF TIME GRANTED AND ON JANUARY 20TH OF 2022 AN AFFIDAVIT OF NON-COMPLIANCE WAS RECORDED AND FINES BEGAN.
AS OF MARCH FIRST THE FINES TOTAL $4130 WITH $30 BEING RECORDING FEES AND SPECIAL MAGISTRATE IN THIS CASE THERE WAS AN AGREEMENT FOR AN EXTENSION THAT WAS GRANTED BY THE PLANNING DEPARTMENT FOR THEM TO OBTAIN A TEMPORARY USE AND CONDITIONAL USE AND THAT EXTENSION WAS IN PLACE IN OCTOBER AND WAS STILL IN PLACE WHEN YOUR ORDER EXPIRED IN JANUARY. HOWEVER THAT TIME WAS NOT CLEARLY INDICATED TO THE RESPONDENTS THAT IT WAS A SEPARATE TIMEFRAME FROM THE PLANNING PROCESS AND THAT WAS NOT COMMUNICATED WITH OUR DEPARTMENT SO WHEN THE OF THE OF COMPLIANCE WAS RECORDED WE WERE NOT AWARE OF THE EXTENSION AGREEMENT THAT THE RESPONDENTS HAD WITH THE PLANNING DEPARTMENT. SO STAFF'S RECOMMENDATION AS OF TODAY IS TO STAY THE FINES OF JANUARY 20TH, 2022 WHEN THEY BEGAN AND TO PROVIDE A ONE YEAR EXTENSION TO THE RESPONDENTS TO ALLOW THEM TO REMEDY THE ORDER BY RENEWING THE EXPIRED PERMITS AND MAKING NECESSARY PROVISIONS AND CONDITIONAL USES AS REQUIRED THAT ARE REFLECTED IN THE ORDER DETERMINING VIOLATION.
THERE ARE THREE CRITERIA TO CONSIDER IN REQUEST OF THIS.
ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION IS MODERATE AND ANY ACTIONS TAKEN TO CORRECT WERE NOT CORRECTED BY THE ORIGINAL VIOLATOR AND ACTION WAS TAKEN BY ANY OWNER OR PARTY TO BRING THE VIOLATION INTO COMPLIANCE AND PERMITS WERE OBTAIN BUT THEY EXPIRED AND REVISIONS ARE REQUIRED TO RENEW THE PERMITS AND NO REVISIONS HAVE BEEN RECEIVED.
PERMITS WERE APPLIED FOR IN OCTOBER OF 2021 BUT WERE REJECTED IN PLAN REVIEW AND NO RESPONSE HAS BEEN RECEIVED.
[00:05:03]
AND NUMBER THREE, THE NUMBER OF TIMES THE VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY CODE ENFORCEMENT, SPECIAL MANAGE STATE, OR OTHER QUASI JUDICIAL WHERE OTHERWISE, ADMITTED GUILT IN ANY SUCH PROCEEDING WHICH IS ZERO TIMES.WE HAVE THE COUNSEL AND RESPONDENT PRESENT.
>> COUNSELOR, GOOD MORNING. >> GOOD MORNING.
SO I THINK WE'RE IN AGREEMENT WITH MOST OF WHAT MR. SHAUN COSS STAYED. THE ONLY THING I WANT TO POINT OUT TO THE SPECIAL MAGISTRATE AND I THINK HE TOUCHED ON THIS.
I THINK THERE WAS MISCOMMUNICATION OR LACK OF COMMUNICATION BETWEEN THE DEPARTMENT AT THE CITY WHICH HAPPENS. I KNOW IN THIS TIME A LOT OF DEPARTMENTS AND CITIES ARE SHORT STAFFED AND THE PLANNING DEPARTMENT HAS BEEN VERY CANDID THAT THEY ARE SHORT STAFFED AND SLAMMED AND I JUST WANT TO POINT OUT THAT THIS SAYS THAT REVISIONS, NO RESPONSE HAS BEEN RECEIVED SINCE OCTOBER OF 2021 BUT THERE'S CORRESPONDENCE AND LETTERS AND E-MAIL.
WE'VE BEEN IN CONTACT WITH THE CITY PLANNING DEPARTMENT FOR TWO YEARS AND WE'RE ACTUALLY, WE WERE STILL WAITING ON A RESPONSE FROM THE PLANNING DEPARTMENT FROM OCTOBER OF 2021.
SO WE HAVE BEEN IN CONTACT AND HAVE BEEN WORKING WITH THE CITY.
ALL OF THE ACTUAL WORK THAT'S REQUIRED FOR THE PROPERTY IS COMPLETE IN OUR DISCUSSIONS WITH MR. SHAUN COSS THIS MORNING THE ONLY THING PENDING IS OUR REVISED PLAN SHOWING THOSE
THEN HOW LONG DO YOU WANT THIS CONTINUED?
>> WITH WHAT WE NEGOTIATED WITH THE PLANNING DEPARTMENT WAS ONE YEAR BECAUSE THEYED AN ADVISORIED US TO GET A TEMPORARY USE PERMIT SO WE WOULD JUST LIKE ONE YEAR IN ACCORDANCE WITH WHAT SHAUN COSS RECOMMENDED WITH THE HOPES TO GET IT DONE WAY BEFORE
BASED UPON THE STIPULATION OF THE PARTIESLY CONTINUE THIS
MATTER FOR ONE YEAR. >> I THINK THE ONLY OTHER MATTER IT WAS FINES TO HAVE THEM RECREW AS OF JANUARY 20TH THAT WOULD
>> THANK YOU. >> WHEN YOU ARE READY?
>> IF WE CAN GO BACK JUST A MOMENT TO THE CASES THAT WILL BE
>> OR CAME INTO COMPLIANCE. CASE 21-25662011 VALENCIA AVENUE, CASE 213531 S, 3021 OKEECHOBEE ROAD AND THERE WERE FIVE OTHER CASES THAT GOT CONTINUED RIGHT BEFORE TO HEARING. THEY ARE 1205 AVENUE L UNIT A AND JOSIAH AND NIEVES ABREU AND JOSIAH AND NIEVES ABREU AND 1108 NORTH 29TH STREET, UNIT 100 AND CASE 2025181935 CYPRESS AVENUE
AND CASE 3 313562. >> THOSE CASES ARE CONTINUED.
>> THE NEXT CASE IS 5A. 1393 BAYSHORE DRIVE, NANCY AQUE
IS THE OWNER. >> GOOD MORNING.
>> WHEN YOU ARE READY. >> THIS PROJECT, THIS IS KRISTIE KIRSTEIN WITH THE CITY OF FT. PIERCE.
THIS PROJECT WAS CONTINUED FROM EARLIER THIS MONTH MARCH 25TH IT LOOKS LIKE. THAT'S WHEN IT WAS INITIATED.
I APOLOGIZE. I DON'T SEE WHERE CONTINUED
>> SO THEY HAVE SUBMITTED FOR THE FLOOD DEVELOPMENT PERMIT AND IT WAS REJECTED DUE TO SOME MINOR ISSUES AS FAR AS ENGINEER DID NOT SIGN AND SEAL THE DRAWING AS REQUIRED.
YESTERDAY AFTERNOON THEY SUBMITTED THE REVISION AND I TOOK A QUICK GLANCE AND IT APPEARS THEY HAVE ADDRESSED MY ISSUES BUT WE HAVE NOT DONE AN OFFICIAL REVIEW YET, BUT I
[00:10:02]
EXPECT THAT WE'LL BE ABLE TO RESOLVE AND GET THE PERMIT ISSUED HOPEFULLY BY THE END OF THE WEEK.>> NOT FROM ME. >> WELL THE ONLY THING I WOULD
>> I'M WALTER AND TIME WIFE OF NANCY AQUE, THE LEGAL OWNER OF THE PROPERTY. I THINK WE'D LIKE TO ASK ONCE THE PERMIT IS ISSUED THAT WE, THIS BE DISMISSED.
WE WILL BE HEAVING DOWN IN A MONTH AND NOT BACK UNTIL
AND YOU THINK THE PERMIT WILL BE ISSUED?
>> YES, MA'AM. I DON'T SEE THERE SHOULD BE ANY
ADDITIONAL HOLD UPS. >> THEN I'LL CONTINUE IT FOR 30 DAYS AND IF YOU ARE IN COMPLIANCE IN THAT PERIOD OF TIME YOU WON'T HAVE TO COME BACK.
THANK YOU. >> SPECIAL MANAGE STATE?
>> YES. >> WE DON'T HAVE A HEARING NEXT MONTH. OUR NEXT IS ON JUNE 21ST.
>> WE'LL CONTINUE IT UNTIL JUNE 21ST.
HE SHOULD HAVE IT BY THEN, RIGHT? THANK YOU. CAN NEXT CASE IS 5 E.
[E. 21-2520 703 Osceola Ave Bravo, Manuel Logan Winn]
703 OSCEOLA AVENUE, MANUEL BRAVO IS THE OWNER.>> THIS IS WIN, INSP INSPECTOR/INVESTIGATOR FOR THE BUILDING DEPARTMENT. 703 OSCEOLA AVENUE.
CASE WAS INITIATED SEPTEMBER 29TH OF 2021.
THE OWNER IS MANUEL BRAVO OF 703 OSCEOLA AVENUE, FORT PIERCE, FLORIDA. VIOLATIONS IS 5B C 105.1, 2021 PERMIT REQUIRED. CORRECTIVE ACTION TO OBTAIN PERMIT FOR PATIO OVERHANG PWITHOUT A PERMIT.
DO HAVE A COUPLE OF PICTURES OF THE VIOLATION.
>> HAS THE RESPONDENT SEEN THOSE?
>> DO THE PHOTOGRAPHS DEPICT THE VIOLATION AS YOU OBSERVE IT?
>> YES, MA'AM. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE ONE THE PHOTOGRAPHS.
>> IT WILL BE ADMITTED AS SUCH. >> THERE'S TWO 60 DAY EXTENSIONS GRANTED AND THE PERMITS HAVE BEEN APPLIED FOR AND IS STILL
PENDING ON PLAN REVIEW. >> DO YOU HAVE DATE IT WAS
>> ANYTHING FURTHER? >> NO MA'AM.
>> STATE YOUR NAME. >> GOOD MORNING, MANUEL BRAVO.
BASICALLY FROM MY UNDERSTANDING I WAS TO BELIEVE THAT EVERYTHING WAS ALREADY SUBMITTED AND APPROVED.
I EVEN PAID FOR THE PERMIT. I HAVE JUST BEEN WAITING ON AN ANSWER. SO BASICALLY I'M JUST WAITING ON
THE ANSWER. >> PER MY NOTES IT IS STILL PENDING IN PLAN REVIEW SO EVEN WHEN YOU SUBMIT IT HAS TO GO
THROUGH THE REVIEW PROCESS. >> I DUD NOT KNOW THAT.
I HAVE NOT GOTTEN AN E-MAIL OR ANY REPLY IN THE LAST TWO WEEKS.
>> I DON'T KNOW IF WE NOWHERE IT'S HUNG UP IN THE PLANNING
REVIEW? >> IT'S JUST BEEN SUBMITTED SO YOU'LL HEARS A SOON AS IT GETS REVIEWED.
>> IT'S STILL IN REVIEW? >> YES, IT IS.
>> I'LL CONTINUE THIS FOR THE JUNE 21ST AND CHECK WITH THE REVIEW COMMITTEE TO SEE WHERE IT IS SO YOU DON'T HAVE TO COME BACK IF YOU KNOW WHERE IT IS AND THEY'RE GOING TO GRANT I OR NOT.
>> THANK YOU. >> YOU ARE WELCOME.
>> OKAY. THE NEXT CASE IS A MASSEY
[C. 20-2307 429 N 20th St Unit A Johnson, Sharon Shaun Coss]
HEARING AND IT IS 6C, 20307. AND D. 20-2308, 429 NORTH 20TH[D. 20-2308 429 N 20th St Unit B Johnson, Sharon Shaun Coss]
[00:15:04]
STREET UNIT A A AND B. SHARON JOHNSON IS PRESENT AND ISTHE OWNER OF BOTH. >> MRS. JOHNSON WOULD YOU COME
FORWARD PLEASE? >> THIS IS CASE 20 -2307 AND 238 UNITS A AND B. 429 NORTH 20TH STREET UNIT A.
THE PROPERTY IS OWNED BY JOHNSON OF LAKE TAHOE CIRCLE, WES PALM BEACH, FLORIDA. THE VIOLATIONS ARE SECTION 105.1 PERMIT REQUIRED. THIS MATTER CAME BEFORE THE SPECIAL MAGISTRATE APRIL 21ST OF 2021 IN A 90 DAY EXTENSION WAS GRANTED ON JULY 16TH, 2021. AN AFFIDAVIT OF COMPLIANCE WAS RECORDED ON JANUARY 12TH OF 2022 AND THE FINES BEGAN.
AS OF APRIL 11TH, 2022 THE FINES HAVE A CREWED TO $9030 WITH $30 BEING RECORDING FEES. ON MARCH 24TH, 2022 WE RECEIVED A MASSEY RESPONSE REQUESTING AN EXTENSION OF TIME.
STAFF WILL DEFER OUR RECOMMENDATION UNTIL WE HAVE
HEARD FROM MRS. JOHNSON. >> HOW DO YOU RESPOND?
STATE YOUR NAME. >> SHARON JOHNSON.
>> HOW DO YOU RESPOND? >> THE CITY REQUESTS WHAT?
I DON'T UNDERSTAND? >> YOU HAVE REQUESTED AN EXTENSION. HOW MUCH TIME ARE YOU LOOKING
FOR? >> I'M NOT ACTUALLY REQUESTING AN EXTENSION. I'M REQUESTING YOU REVIEW THE WHOLE FINES AS I E-MAILED THE REQUEST, I ALSO E-MAILED THE DOCUMENTS THAT I HAD. I HAD A SMALL CLAIMS COURT AND I THOUGHT IT WAS A CONTRACT OR LICENSE CONTRACTOR BUT HE DIDN'T HAVE HIS, WAS NOT, YOU KNOW, DIDN'T HAVE HIS CONTRACTOR'S LICENSE. SO HE WAS NOT CERTIFIED SO THEREFORE, THE WORK WAS DONE THAT I THOUGHT PERMITS WERE PULLED FOR WORK A COUPLE OF YEARS AGO AND IT WAS NOT.
ONCE AGAIN I TOOK A LOSS. IT WAS SUPPOSED TO BE FOR $19,000 FOR THE JOB AND HE WANTED HALF UP FRONT, SO I ALREADY TOOK A LOSS OF 10,000 DOLLARS.
HE STOPPED RETURNING MY CALLS AND THEN DID A LITTLE WORK AND THEN COMPLETELY STOPPED. SO I BASICALLY TOOK HIM TO SMALL CLAIMS COURT AND I HAVE NOT GOTTEN NONE OF THAT MONEY BACK, NOR DO I REALLY EXPECT IT BUT BASICALLY YOU KNOW, I THOUGHT HE WAS CERTIFIED TO DO THE JOB. I HAVE THE CONTRACT BUT IT'S REALLY BLURY BECAUSE IT'S LIKE SINCE 2018 SO THAT, NO WORK ON THAT PROPERTY HAS BEEN DONE FOR YEARS.
IT SHOULD NOT HAVE BEEN ANYONE ON THE PROPERTY TO EVEN, I DON'T KNOW HOW THE CITY COULD HAVE EVEN GOT IN TO TAKE PICTURES BECAUSE IT HASN'T BEEN TOUCHED IN YEARS SINCE I FILED THE COMPLAINT AND TOOK THEM TO COURT.
AND I CAN'T AFFORD $10,000 IN FINES AT ALL.
EVENTUALLY I PLAN ON YOU KNOW, GETTING A PLACE TOGETHER AND FIXING IT UP, BUT RIGHT NOW IT'S NOT EVEN IN THE BUDGET TO SAY I NEED A 90 DAY OR SIX MONTHS EXTENSION BECAUSE IT'S NOT EVEN, I DON'T HAVE THE MEANS TO FIX IT UP.
I ALREADY TOOK A $10,000 LOSS AND WITH THINGS GOING ON IN LIFE, I CAN'T SAY THAT YOU KNOW, WHEN I CAN FIX IT AT THIS POINT.
>> SPECIAL MAGISTRATE, IF I MAY? I DO HAVE QUESTIONS FOR MRS. JOHNSON. WHAT COUNTY DID YOU FILE YOUR
LAWSUIT IN, MA'AM? >> I ENDED UP GOING TO COURT IN FT. LAUDERDALE, I BELIEVE. WELL, NO.
HE HAD SIGNS THAT HE WAS CERTIFIED SOMETHING IN FT.
LAUDERDALE. THAT WAS HIS MAIN ADDRESS BUT I WENT TO COURT IN WES PALM BEACH. I HAVE PAPERS AND DOCUMENTS HERE
THAT I BROUGHT WITH ME. >> WHAT IS THE STATUS OF THAT
LAWSUIT? >> THE STATUS IS THEY FOUND ME
[00:20:02]
IN FAVOR OF IT AND FOUND HIM, YOU KNOW ->> DID THEY ORDER HIM TO PAY MONEY TO YOU?
>> I DON'T REMEMBER. IT WAS, HE NEVER SHOWED UP IN
AND AT THIS POINT WHAT IS YOUR PLAN FOR GETTING THE PERMITS
THAT YOU'RE REQUIRED TO HAVE? >> AT THIS POINT I JUST WANT TO BOARD UP THE PROPERTY UNTIL I'M ABLE TO HAVE THE MEANS TO FIX IT. I DO HAVE THE COURT PAPERS.
SMALL CLAIMS COURT. I DO HAVE A COUPLE OF PAPERS AND LETTERS FROM THE COURT, FROM THEM STATING THAT I CAN SHOW THEM TO YOU. YOU CAN TAKE A LOOK AT THEM IF
YOU WOULD LIKE. >> SPECIAL MAGISTRATE DO YOU
NEED TO SEE THOSE? >> DO YOU HAVE THEM WITH YOU?
SHE CAN SHOW THEM TO THE CITY. >> YOU HIRED A CONTRACTOR IN WEST PALM TO COME HERE AND DO THE WORK?
>> HE WAS TRI COUNTY. HE SAID HE WAS DOING WORK IN ST.
LUCY AND WEST PAL UP AND FT. LAUDERDALE, THREE COUNTIES AND THAT'S NOT UNUSUAL. AND HE SAID HE HAD FAMILY IN THE AREA AND JUST FINISHED A PROJECT DOWN THAT WAY AND HE WAS ACTUALLY IN WEST PALM WHEN I SAW HIM AND WAS RECOMMENDED TO HIM BY SOMEONE, YOU KNOW, THAT SAID HE DID WORK, SO I HAD NO REASON.
>> THAT HAPPENS ALL TOO OFTEN BELIEVE IT OR NOT.
>> I THOUGHT I HAD A CONTRACT BUT I SEE IT WAS NOT IN THERE WHEN I TRIED TOO TAKE A PICTURE OF IT AND SEND IT ALONG WITH THE DOCUMENTS AND THE LETTER, IT WAS REALLY BLURRY.
THEY JUST PUT IT IN THERE BUT YOU STILL WOULD HAVE BEEN ABLE TO SEE THE LIST OF THE THINGS THAT HE SAID HE COULD DO WITH
THE PRICE. >> MRS. JOHNSON WHILE THE ATTORNEY IS REVIEWING THAT, I SEE THERE'S A COMPLAINT FILED WITH THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, AS DO YOU KNOW THE STATUS OF THAT CASE BY CHANCE?
>> HE WAS FOUND GUILTY OF ALL OF THE CHARGES.
THE CASE WENT ON FOR A WHILE. >> MADAM MAGISTRATE, IT APPEARS THE LAWSUIT WAS IN PALM BEACH COUNTY AND THE CLAIM WAS FOR $480 AND THERE WAS A DEFAULT JUDGEMENT ENTERED BACK IN MARCH OF 2019 FROM THE WEBSITE IN PALM BEACH COUNTY.
DO YOU WISH TO SEE THE DOCUMENTATION?
I TRUST YOU. >> YOU CAN HAVE THESE BACK,
MA'AM. >> AND MRS. JOHNSON YOU ARE NOT IN A POSITION NOW TO DO ANY WORK?
>> I DO PLAN ON IT, BUT IT PROBABLY WON'T BE, LIKE I CAN'T PREDICT IT. I DON'T NEED FINES ACCRUING AT THIS POINT. LIKE I SAID, I CAN'T SAY IT CAN BE DONE IN SIX MONTHS. LIKE EVENTUALLY I DO PLAN ON GETTING IT, YOU KNOW, MAYBE TAKING OUT A LOAN AND FIX IT UP BUT EVERYTHING RIGHT NOW IS EXTREMELY HIGH, SO I DON'T WANT
[00:25:01]
TO PUT MYSELF IN A BIND TO AGREE TO FIX THIS PLACE UP RIGHT NOW WHEN I KNOW IT'S REALLY NOT IN MY BUDGET RIGHT NOW.MAYBE TWO YEARS FROM NOW? A YEAR OR SO FROM NOW, BUT RIGHT NOW I CAN'T PUT MYSELF IN A BIND ASKING FOR A COUPLE MONTHS EXTENSION WHEN I'VE ALREADY TOOK A LOSS AND I HAD A MONEY ORDER.
CASH CHECK FROM MY BANK FOR THE DEPOSIT AND IT WAS MORE LIKE $9500 AND I TOLD HIM WAS A WIRE TRANSFER FOR HALF AND HALF BECAUSE THEY WANTED HALF. THEY RECORDED THE ACTUAL RECEIPT. SO IT WAS MORE THAN $4800.
>> MR. SHAUN COSS, YOU HAVE AN OPI
I UNDERSTAND THERE'S EXTENUATING CIRCUMSTANCES HERE.
THE DEFAULT JUDGEMENT WAS ISSUED THREE YEARS AGO IT SOUNDS LIKE.
STAFF IS JUST NOT IN A POSITION TO CONTINUE A CASE INDEFINITELY, WHILE WE'RE IN AGREEMENT TO STAY THE ACCRUING OF THE FINES, WE CAN DEAL WITH A REDUCTION OF THE FINES ONCE THE CASE HAS BEEN BROUGHT INTO COMPLIANCE. STAFF'S RECOMMENDATION WOULD BE TO OBTAIN A PERMIT WITHIN ONE YEAR FROM TODAY.
>> MRS. JOHNSON YOU THINK YOU CAN DO THAT?
>> YEAH, I THINK I CAN DO THAT, AT LEAST.
ONE YEAR. IF I NEED MORE TIME THEN I'LL GET AN EXTENSION OF ONE YEAR BUT I REQUEST THAT ALL FINES BE
REMOVED. >> THE FINES CAN'T BE REMOVED TODAY. THEY CAN'T BE ADDRESSED UNTIL PROPERTY IS BROUGHT INTO COMPLIANCE BUT WE CAN STAY THE ACCRUING OF THE FINES TO STOP THEM EFFECTIVE TODAY UNTIL CASE HAS BEEN BROUGHT INTO COMPLIANCE.
ONCE IT'S IN COMPLIANCE YOU COME BACK TO THE SPECIAL MAGISTRATE FOR A REDUCTION. YOU HAVE 180 DAYS TO HAVE AN IMPROVED INSPECTION. ONCE THE PERMIT IS ISSUED YOU CAN WORK SLOWLY TO COME INTO COMPLIANCE WITH THE CASE.
>> I'M NOT REALLY EVEN UNDERSTANDING WHAT YOU ARE SAYING BECAUSE YOU ARE SAYING GET A PERMIT WITHIN A YEAR,
RIGHT? >> MY REQUEST IS TO STOP THE ACCRUING OF THE FINES TO PROVIDE YOU ONE YEAR TO OBTAIN THE PERMIT AND THEN ONCE YOU HAVE THE PERMIT YOU HAVE TO HAVE AN APPROVED INSPECTION AT LEAST EVERY SIX MONTHS TO KEEP THAT
SO THE $9030? THAT'S WHAT I'M REALLY HERE FOR.
HOW CAN THAT BE REMOVED? LIKE HOW CAN YOU DROP, HOW CAN THOSE FINES BE TOTALLY DROPPED? THAT'S THE MOST SIGNIFICANT THING BECAUSE THAT'S ALMOST HALF OF WHAT I EVEN PAID FOR IT AND THEN ON TOP OF THAT TO GET IT FIXED.
>> ALRIGHT. SO WE CAN STOP THE FINES TODAY BUT WE CAN'T REMOVE OR REDUCE OR WAIVE THE FINES UNDERSTAND THE UNTIL CASE HAS
BEEN BROUGHT INTO COMPLIANCE. >> SO TO BRING IT INTO
COMPLIANCE I MUST DO WHAT NOW? >> YOU NEED TO OBTAIN THE PERMITS AND COMPLETE ALL THE REPAIRS AND HAVE ALL YOUR FINAL INSPECTION AS APPROVED AND AT THAT POINT THIS CASE WOULD BE IN
COMPLIANCE. >> SO I NEED TO OBTAIN AND GET
>> SO PAY FOR PERMITS? BUT NO WORK WILL BE DONE? I'M GETTING PERMITS JUST TO GET THEM?
>> YOU'LL NEED TO COMPLETE THE WORK.
>> AND THE WORK WILL BE? >> ALL OF THE REPAIRS THAT WERE STARTED AND ALL OF THE REPAIRS THAT ARE REQUIRED TO MAKE THIS A
HABITABLE STRUCTURE AGAIN. >> I HAVE HOW LONG TO HAVE THAT
DONE? >> YOU WOULD HAVE ONE YEAR TO OBTAIN THE PERMIT AND THEN ONCE YOU HAVE THE PERMIT YOU HAVE TO HAVE AN APPROVED INSPECTION EVERY SIX MONTHS TO KEEP THAT
SO BASICALLY, I NEED TO OBTAIN THE PERMITS AND THEN LIKE, I DON'T HAVE ANY MONEY TO HAVE ANYONE FIX IT WITHIN 90 DAYS OR
[00:30:02]
SIX MONTH, SO I'M REALLY CONFUSED.>> CALM DOWN A LITTLE BIT. OKAY? RELAX. I'M GOING TO STOP THE FINES, STAY THE FINE MEANS STOPS THE FINES FROM ADDING UP.
IT'S STILL THERE. YOU HAVE A YEAR TO OBTAIN THE
>> OKAY? YOU OBTAIN A PERMIT AND THEN MR. SHAUN COSS SAID, YOU JUST FIND SOMEBODY TO DO THE WORK, AND IF YOU WORK WITH THE CITY, IT IS A DUPLEX, RIGHT? IF YOU KEEP IN TOUCH WITH THE CITY THEY WILL WORK WITH YOU.
ALRIGHT? AND THE CITY UNDERSTANDS.
I'M NOT SPEAKING FOR THE CITY BUT FROM MY JOB HERE.
THEY WILL WORK WITH YOU BUT YOU NEED TO WORK WITH THEM.
IF SOMEBODY TELLS YOU THAT THEY ARE A CONTRACTOR YOU ASK TO SEE A LICENSE. A LOT OF THIS IS GOING ON AROUND HERE AND NOT ONLY HERE BUT THROUGHOUT THE COUNTRY.
THE CITY'S CONCERN IS ABOUT MAINTAINING THE PROPERTY AND THE NEIGHBORHOOD AND THEY'RE NOT OUT TO GET YOU.
THERE ARE JUST LOADS OF PEOPLE RUNNING AROUND SAYING, I'M A CONTRACTOR, AND THEY ARE NOT. YOU HAVE TO ASK TO SEE A LICENSE AND CHECK AND SEE IF THAT LICENSE IS VALID.
THAT'S YOUR RESPONSIBILITY AS A PROPERTY OWNER.
I HAD A PROFESSOR IN LAW SCHOOL THAT SAID HE WOULD NEVER OWN PROPERTY AND WE THOUGHT HE WAS CRAZY AND HE SAID HE DIDN'T WANT THE RESPONSIBILITY OF OWNING ANY PROPERTY SO HE RENTED HIS PLACE BECAUSE HE DIDN'T WANT THAT RESPONSIBILITY.
IT IS A LOT TO BE A HOMEOWNER. >> YEAH.
>> AS YOU HAVE PROBABLY LEARNED. SO YOU UNDERSTAND THEY'RE GOING
TO STAY THE FINES FOR ONE YEAR. >> YES.
>> THAT GIVES YOU TIME TO FIND A CONTRACTOR THAT CAN START ON THIS STUFF. ONCE YOU START THAT PROCESS, HOW
LONG IS THAT PERMIT VALID FOR? >> GOOD FOR 180 DAYS SO YOU HAVE TO HAVE AN IMPROVED INSPECTION EVERY 180 DAYS.
>> YOU CAN EXTEND IT BUT YOU NEED TO TALK WITH THE CITY AND
THEY'LL WORK WITH YOU. >> I HAVE A QUESTION.
COULD I BOARD IT UP AND FILE FOR A DEMOLITION PERMIT AT THIS
POINT? >> THAT'S GOING TO COST YOU.
>> WELL ALL THE PERMITS THAT I HAVE TO GET AND WORK AT THIS POINT IS GOING TO COST ME AND THEN I HAVE TO WORRY ABOUT EVERY SIX MONTHS OF COMING UP WITH, IMPOSSIBLY COMING UP WITH, LIKE I SAID, WITH THE COST OF REMODELING AND THE AMOUNT OF WORK THAT NEEDS TO BE DONE IN THAT PLACE IS GOING TO COST ME A LOT AT THIS POINT SO IT WOULD SEEM MORE BENEFICIAL FOR ME AT THIS POINT TO BOARD IT UP AND SEE IF I CAN GET A DEMOLITION PERMIT UNTIL I'M READY OR CAN COMMIT TO TOTALLY FIXING IT UP OR BUILDING IT FROM GROUND OUT AND DEMOLITION IT AND START OFF.
AT THIS POINT I THINK IT WOULD BE BETTER IN MY BEST INTEREST TO YOU KNOW GET A PERMIT FOR A DEMOLITION OF IT AND BOARD IT
I'M INCLINED TO STAY THE FINE FOR ONE YEAR FOR YOU TO OBTAIN A PERMIT AND YOU CAN MAKE A DECISION DURING THAT PERIOD OF TIME. I SUGGEST YOU GET WITH THE CITY AND THEY WILL WORK WITH YOU. OKAY? THEY WILL WORK WITH YOU. THEY'RE NOT TRYING TO STOP YOU FROM DOING WHATEVER YOU NEED DO WITH THE PROPERTY C.
I THINK YOU NEED TO BE MORE KNOWLEDGEABLE ABOUT THE PROCESS.
IT'S TOUGH BEING A PROPERTY OWNER.
YOU GOT TO PAY TAXES YOU GOT TO PAY UPKEEP.
YOU MAY EVEN HAVE SOME NEIGHBORS.
I GOT ONE ON MY VACANT LOT AND I TELL THEM ALL THE TIME, THIS IS NOT YOUR LOT, IT'S MINE SO THOSE ARE THINGS YOU DEAL WITH WHEN YOU ARE A PROPERTY OWNER BUT IN SO FAR AS WHAT YOU ARE HERE FOR TODAY, I WILL STAY THE FINE FOR ONE YEAR TO LET YOU DECIDE WHAT YOU NEED TO DO. I STRONGLY SUGGEST YOU TALK WITH
[00:35:03]
THE CITY TO GET SOME DIRECTION HERE BECAUSE I THINK YOU ARE NOT, YOU ARE A LITTLE MISGUIDED ON WHAT YOU NEED TO DO.>> OKAY. >> NOW ARE YOU WILLING TO DO THAT? LISTEN.
THEY'LL WORK WITH YOU. I HAD ANOTHER JOB WHERE THE CITY WAS NOT SO FRIENDLY TO IT'S INHABITANTS BUT THIS CITY IS DIFFERENT. SO DON'T GET FRUSTRATED AND DON'T GIVE UP AND DON'T GIVE OUT.
JUST I'M GOING TO STAY THE FINE FOR ONE YEAR AND THEN YOU HAVE 180 DAYS TO PULL A PERMIT. BUT TALK WITH THE CITY AND THEY'LL WORK WITH YOU AND I THINK THERE CAN BE A RESOLUTION TO THIS MATTER, OKAY? ANY QUESTIONS OR ANYTHING?
>> JUST SO I CLEARLY UNDERSTAND YOUR ORDER, MA'AM.
SHE'S GOT ONE YEAR TO OBTAIN THE PERMIT AND THEN SHE CAN CONTINUE IT EVERY 180 DAYS BY GETTING THAT INSPECTION?
>> YES. >> I DO WANT TO LET MRS. JOHNSON KNOW SHE MADE A COMMENT THAT SHE BELIEVED DEFAULT JUDGEMENT WAS FOR MORE THAN WHAT I SAID, YOU MAY WANT TO LOOK BACK AT YOUR CASE. I DID PULL THAT UP AND IT'S ONLY FOR $5170 ON THEIR WEBSITE SO IF YYOU ARE NOT AWARE OF THAT YOU MIGHT WANT TO LOOK AT IT IN PALM BEACH COUNTY.
>> WHATEVER CONTRACTOR YOU GET, PLEASE, MAKE SURE, TALK TO THESE GUYS. THERE'S A LOT OF PEOPLE AROUND HERE DOING WORK WITHOUT LICENSES.
SO JUST LIKE SHE JUST PULLED UP ON THE SCREEN, YOU CAN DO THAT ON YOUR COMPUTER. OKAY?
>> OKAY. >> BUT I DO THINK YOU SHOULD TALK WITH BUILDING AND I THINK YOU'LL FIND THAT THEY ARE VERY HELPFUL. STAY IN TOUCH WITH THEM.
YOU CAN CALL THE BUILDING OFFICE.
THEY'RE VERY HELPFUL. >> THAT'S IT.
>> THANK YOU. >> THE NEXT CASE IS 6 E CASE
[E. 21-726 1108 N 16th Court Marceus, Modeline & Francola, Diedonne Shaun Coss]
21726. 1108 NORTH 16TH COURT, MODELINE, DIEDONNE AND FRANCOLA MARCEUS ARE THE OWNERS.>> THIS IS CASE 21-728 FOR 1108 NORTH 16TH COURT.
THE PROPERTY IS OWNED BY MODELINE, DIEDONNE AND FRANCOLA MARCEUS OF 1108 NORTH 16TH COURT, FORT PIERCE, FLORIDA.
THE VIOLATION ARE BUILDING CODE 105.1 PERMIT REQUIRED.
THIS CAME IN AN ORDER OF VIOLATION WAS ENTERED.
A TIME WAS GRANTED ON JANUARY 3RD, 2021 AND WE RECEIVED AN EXTENSION REQUEST PRIOR TO THAT EXPIREING SO THERE ARE NO FINDS.
I'D LIKE TO HEAR FROM THE OWNER WITH AN UPDATE AS FAR AS HER INTENTION ON MOVING TOWARD WITH THE SHED BY EITHER OBTAINING PLANS AND A PERMIT FOR THE SHED OR REMOVING SHED.
EITHER WOULD MAKE THE CASE COMPLY.
>> WOULD YOU STATE YOUR NAME PLEASE?
>> MDO YOU SWEAR OR AFFIRM THE TESTIMONY YOU WILL PROVIDE WILL
>> HOW DO YOU RESPOND TO THE ALLEGATIONS?
>> SINCE I WAS HERE I'VE BEEN LOOKING FOR SOMEONE TO HELP ME WITH THE REQUEST. THEY GIVE ME AN EXTENSION BUT EVERY TIME I GET SOMEONE, IT'S EITHER THEY ARE SCAMMERS OR AFTER THEY TAKE MY MONEY. I HAVE ONE COME OVER AND HE JUST HAVE ME DO THIS AND HE LET ME KNOW HE WILL NOT DO THE DRAWING, SO I WAS LOOKING AND THEN SOMEBODY FINALLY REFERRED ME TO SOMEONE AND HE CHARGE ME MORE MONEY THAN I EXPECTED TO BE CHARGED. SO WE AGREED AND THEN HE GAVE ME
[00:40:04]
THE RUN AROUND AND NOW HE'S DECIDED TO COME IN AND WE DO IT AG AGAIN.THE CITY WANTS TO SEE THE SHED DRAWING.
SO HE E-MAILED ME BUT THE CITY WANTS TO HAVE A SEALED ENVELOPE TO HAVE EVERYTHING SENT TO ME. WHEN HE E-MAILED ME, I SAID I ASKED FOR THE DRAWING AND HE SAID, NO, HE TOLD ME WHAT HE GAVE ME IS WHAT THE CITY NEEDS. I WENT ONLINE AND ON MY E-MAIL HE SENT IT TO ME AND WHEN I WENT ON THE BUILDING SITE THEY SAID THAT'S NOT ONE. SO HE NEVER ANSWER MY PHONE CALLS. WHEN I TEXT HIM WHAT IS GOING ON, HE ADMIT HE DIDN'T DO THE DRAWING SO I'M STUCK.
HE ONLY GIVE ME THIS AND IS NOT EVEN ADMITTING THAT THE SHED IS ON IT, SO I ALREADY KNOW THAT I WAS GOING TO HAVE TO COME HERE TODAY AND I ASK FOR MORE TIME, PLE
PLEASE. >> HOW MUCH MORE TIME DO YOU
THINK YOU NEED? >> SIX OR SEVEN MONTHS.
>> I THINK YOU HEARD THE TESTIMONY FROM THE LAST LADY THAT WAS HERE ANOINT GETTING WITH THESE PEOPLE THAT ARE NOT LICENSED OR QUALIFIED TO DO THE WORK.
THAT HAPPENS QUITE OFTEN NOW. A LOT OF PEOPLE ARE LOSING HOUSES OR LOSING PROPERTY AND OTHER FOLKS ARE COMING AND BUYING THEM UP, BUT THEN TO GET SOMEBODY TO DO THE WORK, THEY HAVE TO COME MY WITH THE CITY'S BUILDING CODE AND THAT AS DIFFERENT STORY. UNFORTUNATELY THERE'S A LOT OF SHYSTERS OUT THERE. THE CITY CAN'T TELL YOU WHO TO HIRE. YOU WILL HAVE TO DO YOUR OWN RESEARCH WITH THAT, BUT WHAT'S THE CITY'S RECOMMENDATION, MR.
SHAUN COSS? >> REVIEWING THE PHOTOGRAPHS OF THIS SHED, THE SHED IS NOT COMPLIANT WITH THE BUILDING CODE. THIS NEEDS TO BE HEAVILY MODIFIED TO BE MADE COMPLIANT FOR AN ARCHITECT OR ENGINEER TO PREPARE PLANS TO DESIGN THE SHED.
STAFF'S RECOMMENDATION IS THAT THE OWNER REMOVE THE SHED TO COME APPLY WITH THE CASE AND WHEN SHE HAS FUNDS AVAILABLE TO BUILD THE SHED SHE CAN GO AT HER OWN PACE HAVING IT DESIGNED BY AN ARCHITECT AND THEN COME IN FOR PERMITTING AT THAT TIME.THE PACE HAVING IT DESIGNED BY AN ARCHITECT AND THEN COME IN FOR
PERMITTING AT THAT TIME. >> MAY I?
>> DO WE HAVE PICTURES FROM THE LAST HEARING?
>> THEY ARE EXTERIOR PICTURES TAKEN FROM THE INSPECTOR.
MRS. MARCEUS HAS SUPPLIED PHOTOGRAPHS THAT SHOW MORE DETAIL THE INTERIOR CONDITIONS OF THE SHED IF YOU ARE
INTERESTED IN SEEING THOSE. >> YES.
>> I MEAN THE WORK LOOKS OKAY BUT IT'S NOT UP TO CODE.
YOU WOULD JUST GO TO A SHED SHOP AND BUY ONE WITH ALL THE PROBLEMS YOU'RE HAVING WITH THIS.
I'M NOT TRYING TO TELL YOU WHAT TO DO BUT EVERYTHING HAS TO BE
IF I TEAR DOWN THE SHED, THE NEIGHBOR HAVE THE SAME CONCRETE
[00:45:04]
ON THE GROUND. I BUY THE HOUSE WITH THE CONCRETE AND BUILD THE SHED ON THE CONCRETE.WHAT CAN I DO? I HAVE A LOT OF STUFF INSIDE THE SHED SO IF I DEMO THE SHED I WILL LOSE A LOT OF STUFF.
IS IT OKAY THAT I ASK FOR AN EXTENSION FOR A YEAR AND THEN I BUY A PLASTIC SHED. I DON'T HAVE TOO DO THAT?
>> I'M NOT TRYING TO TELL YOU WHAT TO DO BUT YOU NEED TO GET WITH CODE SO THEY CAN TELL YOU WHAT THE CITY REQUIRES.
YOU CAN'T JUST BUILD A STRUCTURE.
YOU HAVE TO HAVE A PERMIT AND YOU DON'T HAVE A PERMIT.
>> I DIDN'T KNOW I WILL NEED A PERMIT.
WHEN I SAW THE CONCRETE AND I HAVE A CHICKEN COOP OVER THERE BEFORE. BUT THEY DON'T SAY ANYTHING
ABOUT IT. >> LET'S JUST TALK ABOUT THE SHED, KNOCK I DON'T WANT YOU GETTING IN MORE TROUBLE HERE.
I DON'T KNOW ABOUT THE CHICKEN COOP.
>> IT WAS UNDER CONTROL WHEN I BOUGHT THE HOUSE.
>> SERIOUSLY. LET'S JUST TALK ABOUT THE SHED.
>> OKAY. >> YOU HAVE TO HAVE A PERMIT TO DO ALMOST ANYTHING ON PROPERTY NOW DAYS.
>> I DIDN'T KNOW THAT. I'M SORRY ABOUT THAT.
>> I CAN JUST GRANT YOU AN EXTENSION OF TIME.
I GRANTED YOU AN EXTENSION OF TIME IN JANUARY OF 2021.
>> I THINK THAT SHOULD HAVE BEEN 2022, SPECIAL MAGISTRATE.
>> IT SAYS HERE 2021. >> IT HAS THAT IN ONE SPOT AND 2022 IN ANOTHER. YES, MA'AM.
>> OKAY. I'M GOING TO CONTINUE THIS.
I'M NOT GOING TO GRANT YOU AN EXTENSION BUT I'M GOING TO
CONTINUE IT TO IS IT JUNE 21ST? >> JUNE 21ST.
>> THE JUNE 21ST DOCKET TO SEE WHERE YOU ARE WITH THIS.
THAT'S NEXT MONTH. >> TWO MONTHS.
>> WHICH MEANS AND IT IS JUST TO KEEP TRACK OF THIS TO SEE WHERE YOU ARE. OKAY? THIS IS NOT LIKE A HOUSE. THIS IS JUST A SHED.
YOU HAVE TO FIND SOMEBODY WHO CAN DO THAT FOR YOU AND SHOW PROOF TO THE CITY THAT YOU ARE MOVING FORWARD WITH THAT.
AND I THINK YOU MIGHT BE ABLE TO WORK THAT OUT.
I'LL CONTINUE THIS UNTIL JUNE 21ST TO SEE WHERE YOU ARE, OKAY?
>> OKAY. IF I CHOOSE TO KEEP THE SHED, LIKE FIND SOMEBODY TO DO THE DRAWING THAT CAN MAKE IT COMPLY WITH THE CITY'S REQUEST, I DON'T HAVE TO BREAK IT DOWN?
>> NO, I'M NOT TELLING YOU TO TEAR IT DOWN.
IF YOU GET WITH THE CITY, THEY'LL WORK WITH YOU BUT YOU HAVE TO FIND AN ARCHITECT WHO WILL DO THE WORK FOR YOU, DESIGN AND TELL YOU WHAT NEEDS TO BE DONE TO BRING IT UP TO CODE.
>> OKAY. >> I CUT DOWN SOME TREES IN MY YARD, I HAD TO HAVE A PERMIT FOR THAT.
THE TOWN DIDN'T HAVE A PROBLEM WITH ME CUTTING THEM DOWN.
THEY THOUGHT IT WAS A DETRIMENT TO MY NEIGHBORS BUT IF YOU WORK WITH PEOPLE, THEY WILL WORK WITH YOU.
>> OKAY. SO SEE WHAT YOU CAN DO BUT DO WORK WITH THE CITY. THEY'LL WORK WITH YOU.
>> MADAM MAGISTRATE, AT THIS POINT AND MR. SHAUN COSS CAN CORRECT ME BUT I DON'T BELIEVE HER FINES HAVE BEGUN BECAUSE OF THE PRIOR EXTENSION. DO YOU INTEND FOR THE FINES TO BEGIN AT THIS POINT? ARE YOU GRANTING THE EXTENSION
[00:50:02]
UNTIL JUNE HEARING FOR THE FINES TO STAY.>> I'M GOING TO STAY EVERYTHING BUT IF YOU HAVE TO COME BACK, IF YOU GET WHAT YOU NEED TO DO YOU WON'T HAVE TO COME BACK BUT IF YOU DON'T, I WILL LOOK AT THIS CASE AND IT WAS INITIATED ON APRIL 2ND OF 2021, SO IT'S JUST A SHED.
IT'S NOT LIKE A HOUSE OR ANYTHING SO GET WITH THEM AND
SEE WHAT YOU NEED TO DO, KNOCK >> OKAY.
>> WHO'S THE PERSON? MR. SHAUN COSS OR CALL THE
BUILDING DEPARTMENT. >> THANK YOU.
>> YOU ONLY GOT 60 DAYS. YOU HAVE TWO MONTHS.
>> I'LL WORK ON IT, THANK YOU. >> THAT'S JUST TO GET THE PERMIT. OKAY?
[J. 21-3528 704 S 8th Street Oakwood Investments and Properties LLC Logan Winn]
>> THE NEXT CASE IS A CALL IN CA
CASE. >> 3021 OKEEI'LL CALL THE REGIS AGENT FOR THIS ONE. THIS IS 21-3528 OAKWOOD
INVESTMENTS AND PROPERTIES LLC. >> HELLO.
THIS IS ELIZABETH WITH THE CITY OF FT. PIERCE BUILDING
>> HI. YOU ARE IN AUDIO ATTENDANCE OF THE SPECIAL MAGISTRATE HEARING AND I HAVE TO SWEAR YOU IN FOR
>> IF YOU COULD RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE
>> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU WILL PROVIDE TODAY
>> THE NEXT VOICE YOU'LL HEAR IS THE SPECIAL MAGISTRATE.
>> I'M THE SPECIAL MAGISTRATE THIS MORNING.
>> GOOD MORNING. >> GOOD MORNING.
THE CASE, HAS HE BEEN SWORN? THE CASE WILL BE PRESENTED BY
LOGAN WINN. >> I WANT TO MAKE SURE THAT SPECIAL MAGISTRATE IS AWARE HE FILED A NOTICE OF APPEARANCE ON HIS BEHALF SO HE'S THE REGISTERED AGENT AND REPRESENTING HIMSELF, AS WELL. IS THAT CORRECT?
MR. LOGAN WINN? >> CASE 21-3528, 704 SOUTH 8TH STREET, CASE INITIATED DECEMBER 9TH, 2021.
THE OWNER IS OAKWOOD INVESTMENTS AND PROPERTIES LLC OF 3936 PARK LANE MIAMI, FLORIDA. THE REGISTERED AGENT IS JACK MICHELLE. 305.3, 2021 INTERIOR SURFACES RMD. 305.4, 2021 WALKING SURFACES.
IPMC 505.1, 2021 WATER SYSTEMS. IPMC 505.1, 2021 WATER HEATING FACILITIES. 605.1, 2021 ELECTRICAL EQUIPMENT. 05.2, 2021 ELECTRICAL RECEPTACLES. 309 POINT 2021 INFESTATION.
MAKE ELECTRICAL REPAIRS. WIRES TO WATER HEATER AND IN CLOSET ARE NEEDED WITH MISSING PLATES.
TREAT PROPERTY FOR PEST INFESTATION AND NUMBER THREE MAKE NECESSARY REPAIRS TO ROTTEN WOOD AND HOLES IN FLOOR AND CLOSET AND WATER HEATER CLOSET. NUMBER FOUR, MAKE NECESSARY REPAIRS TO KITCHEN COUNTER TOP AND REVIEW IN DETERMINATION AND NUMBER FIVE MAKE NECESSARY PLUM REGULAR PAIRS TO PROVIDE HOT WATER TO BATHROOM SINK. NUMBER SIX MAKE NECESSARY REPAIRS TO PAINT FROM CEILING. REVIEW AND DETERMINATION.
THERE'S BEEN NO PERMIT PULLED ON THE PROPERTY.
I'VE BEEN TO THE PROPERTY MULTIPLE TIMES FOR REINSPECTION.
[00:55:04]
MOST OF THE ITEMS LISTED HERE HAVE BEEN CORRECTED OTHER THAN NUMBER 2. I WAS THERE THE OTHER DAY.THAT'S THE LAST REMAINING THING ON THE LIST.
I DO HAVE PICTURES FROM EVERYTHING THAT WAS ORIGINALLY TAKEN AND WRITTEN DOWN IN REGARDS TO THE VIOLATION.
>> SO THE CORRECTIVE ACTIONS ON THE NUMBER 1 THAT'S BEEN
>> OKAY. >> I BELIEVE MR. LOGAN WINN NUMBERS 1, 3, 4, 5, 6 HAVE BEEN COMPLIED WITH.
IT'S ONLY CORRECTIVE ACTION TWO. WAS THE RESPONDENT SENT THE
PHOTOGRAPH? >> YES, BACK IN DECEMBER.
>> DO THOSE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE
VIOLATIONS AS YOU OBSERVED THEM? >> YES, MA'AM.
>> I WANT TO ASK LABELED LETTERS S A THROUGH S.
>> I BELIEVEH IS THE LAST REMAINING VIOLATION.
>> WHAT KIND OF PEST? >> RODENTS PRIMARILY.
I DID SEE A COCKROACH THE OTHER DAY WHEN I WAS THERE.
THERE ARE SOME GNATS THAT ARE AROUND THE KITCHEN AREA.
>> AT THIS TIME THE CITY WILL MOVE IN THE PHOTOGRAPHS AS
COMPOSITE ONE AS EVIDENCE. >> IT WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER, MR. LOGAN WINN?
>> WE HAVE TWO WITNESSES THAT ARE HERE IF YOU WOULD LIKE ME TO
CALL THEM UP ONE AT A TIME. >> I WOULD.
>> TINA STRAHORN. MA'AM, YOU CAN STAND AT THE
PODIUM WITH THE MICROPHONE. >> GOOD MORNING.
YOU HAVE PREVIOUSLY BEEN SWORN? >> YES.
>> MA'AM, MATERIALS WHAT YOU ARE RELATIONSHIP TO THIS PROPERTY?
>> TIME TENANT. >> HOW LONG HAVE YOU LIVED
>> AND THE ISSUE TODAY IS FOR RODENTS.
HOW LONG HAS THAT BEEN OCCURRING I THE PROPERTY?
>> THE WHOLE TIME I'VE BEEN THERE.
>> WHEN IS THE LAST TIME YOU SAW A RAT?
>> HAVE YOU ATTEMPTED TO ADDRESS THAT WITH YOUR LANDLORD?
>> YES. >> AT THIS POINT SINCE LAST WEEK WHEN YOU SAW A ROW DENT HAS ANYTHING BEEN DONE TO ADDRESS
THAT ISSUE? >> NO.DENT HAS ANYTHING BEEN DONE TO ADDRESS THAT ISSUE?
>> NO.DENT HAS ANYTHING BEEN DONE TO ADDRESS
>> IS THERE ANYTHING YOU WANT THE SPECIAL MAGISTRATE TO KNOW ABOUT. WE'RE ABLE HERE FOR THE RODENT ISSUE. IS THERE ANYTHING ELSE YOU WANT HER TO KNOW IN MAKING A DECISION REGARDING THIS PROPERTY?
>> I FEEL IT NEEDS TO BE ADDRESSED DIFFERENTLY BECAUSE WHAT HE DUNCE IN THE PAST IS NOT WOR
WORKING. >> I DON'T HAVE ANY OTHER
QUESTIONS. >> WHAT DO YOU MEAN WHAT HE'S
DONE IN THE PAST HAS NOT WORKED? >> WELL HE'S PUT POISON UNDER
THE HOUSE AND HE'S SPRAYED. >> AND THE RODENTS ARE STILL
>> AND YOU MADE HIM AWARE OF THIS?
>> YES, HE'S VERY AWARE. >> ANYTHING FURTHER? ANYTHING YOU'D LIKE TO TELL ME ABOUT THIS PLACE?
>> I FEAR HE MIGHT TRY TOO EVICT ME FOR SPEAKING UP TODAY.
THANK YOU. >> AND KATHLEEN AMBRIGE?
>> WHAT IS YOUR RELATIONSHIP TO THE PROPERTY?
>> I'M THE NEXT DOOR NEIGHBOR. >> HOW LONG HAVE YOU BEEN A
NEIGHBOR TO THE PROPERTY? >> I MOVED IN FOUR YEARS AGO.
>> HAS THERE BEEN AN ISSUE REGARDING RODENTS IN THE HOUSE
THAT YOU HAVE OBSERVED? >> FOR THE ENTIRE TIME.
>> HAVE YOU SEEN RODENTS COMING AND GOING FROM THAT PROPERTY AND
HAS IT AFFECTED YOUR PROPERTY? >> YES IT HAS.
IT'S AFFECTED ALL THE NEIGHBORHOOD.
WE'VE ALL HAD OUR HOUSES PROFESSIONALLY TREATED AND TAKEN CARE OF AND THIS HOUSE HAS NEVER ONCE BEEN TREATED FOR PROFESSIONALLY. IT'S AFFECTED EVERYBODY.
>> WHEN IS THE LAST TIME THAT YOU SAW RODENTS GOING INTO OR
OUT OF THAT PROPERTY? >> PROBABLY ABOUT A WEEK AGO.
[01:00:01]
>> HAVE YOU HAD ANY CONVERSATIONS WITH MR. MICHELLE
>> ANYTHING ELSE THAT YOU WANT THE SPECIAL MAGISTRATE TO KNOW ABOUT THE RODENT ISSUE ABOUT THAT PROPERTY?
>> I HAVE HAD CONVERSATIONS WITH THE WORKERS THAT HE HAS SENT OUT, YOU KNOW? BUT I HAVE NOT HAD CONVERSATIONS
WITH HIM. >> MADAM SPECIAL MAGISTRATE I DON'T KNOW IF YOU HAVE QUESTIONS FOR HER.
>> MAY I MAKE ONE MORE STATEMENT?
>> YES. >> THIS COULD BE EASILY HANDLED WITH A PROFESSIONAL EXTERMINATOR BUT HE HAS REFUSED TO SEND A PROFESSIONAL EXTERMINATOR OUT. HE SENDS OUT LENNY WITH A CAN AND SOMETHING YOU BUY FROM HOME DEPOT.
IT IS A PROBLEM AFFECTING THE WHOLE NEIGHBORHOOD.
IT COULD BE SO EASILY RESOLVED WITH A PROFESSIONAL.
>> ANYTHING FURTHER? >> NO MA'AM.
>> THANK YOU. >> MR. MICHELLE? ATTORNEY MICHELLE? OAKWOOD INVESTMENTS AND PROPERTIES LLC. REGISTERED AGENT HOW DO YOU
RESPOND TO THAT? >> IN MANY WAYS.
FIRST, I WOULD LIKE TO THANK YOU FOR THE OPPORTUNITY APPEAR BY PHONE. I'D LIKE TO THANK ELIZABETH AND LOGAN FOR THE TIME AND ATTENTION THEY HAVE GRACIOUSLY GIVEN TO ME. AS MR. LOGAN HAS STATED, WE HAVE ADDRESSED ALL THE ISSUES BUT WE HAVE ONE THAT IS STILL NOT S SATISFACTORY AND THAT'S THE RODENT ISSUE.
THIS PAST WEEK, BOTH I HAD TWO WORKERS OVER TO THE HOUSE TO TRY TO ATTEND TO THE PROBLEMS OF THE RATS.
THE TENANT MAKES IT IMPOSSIBLE FOR ME TO FULLY ADDRESS THE SITUATION IS A SHE BASICALLY OBJECTS TO ME BEING IN THE HOUSE. SHE HOVERS OVER THE EMPLOYEES WHEN THEY ARE IN THE HOUSE. THE HOUSE IS OVER BURDENED WITH PERSONAL AFFECTS INCLUDING THE KITCHEN WHICH IS WHERE IT SEEMS THE PROBLEM IS AND IT'S DIFFICULT TO WORK IN THERE'S A CONSEQUENCE. I THOUGHT I WOULD BE ABLE TO ADDRESS ALL OF THIS VERY DISTINCTLY WHEN I WRECEIVED A LETTER ON JANUARY 28TH BY TINA TELLING ME THAT SHE WAS VACATING THE PROPERTY ON FEBRUARY 28TH. I THOUGHT SINCE SHE SAID SHE WAS MOVING OUT THAT SHE WOULD AND WE COULD HAVE AN EMPTY HOUSE AND ADDRESS EVERYTHING IN A VERY PROFESSIONAL STRAIGHT FORWARD MANNER, MAKING ALL SORTS OF REPAIRS AND WHAT NOT.
BUT SHE SAID SHE EXPECTS ME TO EVICT HER BECAUSE OF HER COMPLAINT OR HER APPEARANCE HERE TODAY AND THAT IS NOT SO, BUT I DO NEED TO POINT OUT THAT THE LEASE HAS EXPIRED AND SHE IS A MONTH-TO-MONTH TENANT NOW AND SHE DID GIVE ME NOTICE THAT SHE WAS MOVING OUT ON FEBRUARY 28TH. AT THAT TIME SHE ALSO ASKED ME TO USE THE ONE MONTH SECURITY THAT I'M HOLDING FOR FEBRUARY.
>> AT THIS POINT I'LL OBJECT TO THIS LINE OF TESTIMONY.
IT'S NOT RELEVANT TO THE RAT INFESTATION AND HIS ABILITY TO
REMEDY THAT. >> I TAKE OBJECTION TO THAT STATEMENT. YOU'VE NOT BEEN IN THE HOUSE OR IN THE KITCHEN AND YOU DON'T SEE ALL OF THE PERSONAL AFFECTS
BLOCKING ACCESS IN THE HOUSE. >> SIR? SIR? I'M GOING TO INTERRUPT YOU.
HOW LONG HAVE YOU BEEN A PARTY TO OAKWOOD INVESTMENTS AND
PROPERTIES LLC? >> MANY YEARS.
I COULDN'T SAY. >> YOU CAN'T SAY HOW MANY YEARS?
[01:05:02]
AND YOU ARE AN ATTORNEY, RIGHT? RIGHT?>> YES, MA'AM. >> SO WHY WON'T YOU SEND IN AS SOMEBODY SUGGEST AS PROFESSIONAL TO COME AND IN GET RID OF THE RATS? I HAVE USED PROFESSIONAL EXTERMINATING TOOLS, THE SAME THAT A PROFESSIONAL EXTERMINATOR WOULD USE AND THEY DID NOT COME FROM HOME DEPOT AND I AGAIN WAS HOPING TO HAVE AN EMPTY HOUSE THAT WE CAN PROPERLY TREAT.
IN FACT, I THOUGHT ONCE THE HOUSE WAS EMPTY THAT I WOULD BE
ABLE TO TENT IT ARE TERMITES. >> WE'RE TALKING ABOUT RATS, SIR. LET'S STICK WITH THAT.
>> WELL AGAIN I NEED PROPER ACCESS.
MR. LOGAN I THINK CAN TELL YOU THAT HE HAS SEEN EFFORTS BEING MADE. IT IS THE JUDGEMENT OF THIS MAGISTRATE THAT I SHOULD BRING IN A PROFESSIONAL EXTERMINATOR I WILL BE HAPPY TO DO THAT BUT I NEED THE COOPERATION OF THE TENANT TO HAVE ACCESS TO ALL THE ROOMS, AS WELL AS THE KITCHEN SO THAT THEY CAN WORK IN A WORKMAN LIKE MANNER.
>> ANYTHING FURTHER? >> NO MA'AM.
THANK YOU. >> MRS. STRAHORN, COME BACK.
HAVE YOU KEPT MR. MICHELLE FROM COMING INTO THAT HOUSE TO GET
RID OF THE RAT? >> I WOULD SAY NO.
>> HAS A PROFESSIONAL EXTERMINATOR BEEN TO YOUR HOUSE?
THANK YOU. >> MAY I HAVE THE OPPORTUNITY TO
ASK HER SOME QUESTIONS? >> SURE.
WHEN I ASKED YOU TO ALLOW ME ACCESS TO THE HOUSE, DO YOU ALWAYS LET ME IN OR DO YOU PUT ME OFF FOR DAYS?
>> THERE HAVE BEEN TIMES WHEN I'VE ASKED YOU TO COME ON A
DIFFERENT DAY, YOU ARE CORRECT. >> OKAY.
WHEN I'M IN THE HOUSE DO YOU LET ME GO BEYOND THE WATER HEATER THAT'S IN CLOSET NEAR THE KITCHEN?
>> I DON'T KNOW WHY YOU NEED TO. >> BUT DO YOU ALLOW ME ACCESS TO THE REST OF THE HOUSE BEYOND THE KITCHEN AND THE WATER HEATER?
>> IF YOU NEEDED TO, ABSOLUTELY. >> I HAVE ASKED YOU AND AGAIN MY QUESTION IS HAVE YOU ALLOWED ME TO GO INTO THE BEDROOMS TO HAVE
THEM SPRAYED? >> I DIDN'T ALLOW YOU IN ONE
ROOM. >> WHICH ROOM ARE YOU ALLEGING
THAT YOU DIDN'T ALLOW ME INTO? >> THE FIRST BEDROOM.
>> THANK YOU. >> MR. MICHELLE?
>> YES, MA'AM. >> I ASK THIS QUESTION ALWAYS.
WOULD YOU STAY AT THAT HOUSE WITH RATS IN IT?
>> THAT'S A HARD QUESTION TO ANSWER.
>> THAT IS A QUESTION THAT I'M ASKING YOU.
>> I HAVE STAYED IN MY OWN HOME. >> NO, THE HOUSE THAT YOU ARE RENT TOGETHER HER. WOULD YOU STAY THERE?
BUT I THINK THAT ANSWER IS A BIT DECEPTIVE AND I'D LIKE TO
EXPLAIN MY ANSWER, PLEASE. >> SIR, I'M GOING TO ASK YOU, YOU KNOW, I JUST DON'T UNDERSTAND SOME PEOPLE WHO WOULD RENT A PLACE LIKE THAT, THAT THEY WOULDN'T WANT THEIR KIDS TO LIVE IN OR THEY THEMESWOULD NOT TO LIVE IN AND YOU HAVE INVESTMENT PROPERTIES AND I IMAGINE THIS IS NOT THE ONLY ONE. YOU HAVE A RESPONSIBILITY HERE.
>> YES, MA'AM. >> MAY I ASK OR INTERJECT?
>> THANK YOU. >> MAY I ASK MRS. STRAHORN
[01:10:26]
I'VE HEARD ENOUGH TESTIMONY TO MAKE A DECISION HERE.
BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT WITH REGARDS TO THE CORRECTIVE ACTIONS LISTED IN THE INFORMATION THAT A REVIEW AND DETERMINATION IS BEING MADE FOR NUMBER 1 . WILLING ELECTRICAL WIRES AND EXPOSED WIRES IN THE CLOSET AND THE MISSING SWITCH PLATES IN THE KITCHEN. MAKE NECESSARY REPAIRS TO ROTTEN WOOD AND HOLES IN FLOOR AND CLOSET.
BOTTOM KITCHEN CABINET AND WATER HEATER CLOSET.
MAKE NECESSARY REPAIRS TO CRACKS IN THE KITCHEN COUNTER TOP.
MAKE NECESSARY PLUMBING REPAIRS TO SUPPLY HOT WATER TO BATHROOM SINK. AND MAKE NECESSARY REPAIRS TO PAINT ON THE CEILING. YOU HAVE TAKEN CARE OF THAT, SO I DON'T FIND YOU IN VIOLATION FOR THAT BUT YOU NEED TO TREAT THE PROPERTY FOR PEST INFESTATION.
SOME TIME AGO WE HAD A CASE IN HERE WHERE THE LANDLORD DID WHAT YOU ARE DOING, NOT TREATING A HOUSE FOR RODENT INFESTATIONS AND THE RODENTS BIT THE MAN. YOU RECALL THAT MR. SHAUN COSS? THERE WAS BLOOD ON THE SHEETS IN THE BED.
>> YES, MA'AM. >> THE CITY IS ASKING THAT YOU BE GIVEN 60 DAYS TO OBTAIN A PERMIT.
HE DOESN'T NEED A PER MYTH FOR THE RODENT INSPECTION.MIT FOR TE
RODENT INSPECTION. >> I BELIEVE THAT WAS BEFORE HE HAD COME MYED WITH THE OTHERS. HE JUST NEEDS TO ADDRESS THE RAT INFESTATION AND I DON'T KNOW IF THAT CHANGES MR. LOGAN WINN'S RECOMMENDATION FOR THE TIME FR
FRAME. >> PERMIT IS NOT REQUIRED FOR
VERIFICATION OF RODENTS. >> YOU ARE COLLECTING RENT AND PEOPLE SHOULDN'T HAVE TO LIVE LIKE THAT, SIR.
THEY JUST SHOULDN'T. I'M GOING TO GIVE YOU 14 DAYS TO GET SOMEBODY OUT THERE TO DO THAT PEST INFESTATION.
>> AND IF YOU DON'T I'M GOING TO FINE YOU $100 A DAY UNTIL YOU GET IT DONE. ANY QUESTIONS?
>> YES, MA'AM. I JUST WANT TO BE CLEAR.
I HAVE 14 DAYS TO HAVE A PROFESSIONAL EXTERMINATOR TO COME INTO THE HOUSE AND TREAT THE HOUSE AS HE PROFESSIONALLY
THINKS IS APPROPRIATE? >> I CAN'T TELL YOU WHO TO USE BUT YOU HAVE 14 DAYS TO CLEAR OUT THEM RATS.
>> AND IF YOU Dâ– ON'T, I'M GOING TO FINE YOU $100 PER DAY.
>> I UNDERSTAND THE FINE, BUT I'M NOT CLEAR WHAT THE 14 DAYS I HAVE IS FOR. I WILL BRING IN A PROFESSIONAL EXTERMINATOR AND INSTRUCT HIM TO DO AS HE THINKS HE SHOULD TO DEAL WITH THE RAT INFESTATION. IS THAT WHAT I SHOULD
UNDERSTAND? >> THAT'S WHAT YOU SHOULD UNDERSTAND, AND LET THEM DO THE WHOLE HOUSE.
COMPLY WITH THEM AND YOU CAN STAND THERE AND WATCH THEM WHEN THEY'RE DOING IT TO TAKE CARE OF IT.
I RESPECT YOUR PRIVACY BUT DO YOU UNDERSTAND WHAT I'M SAYING
>> ANY QUESTIONS? >> NO MA'AM.
>> THANK YOU. YOU HAVE 30 DAYS TO APPEAL MY
[01:15:03]
DECISION. >> THANK YOU VERY MUCH.
NEXT CASE. >> THE NEXT CASE IS ALSO A CALL IN CASE. IT'S A MASSEY HEARING FOR A FINE
[B. 20-1134 1707 N 13th Street Ft Pierce Empire 1 Holdings LLC Shaun Coss ]
REDUCTION CASE 6B, 1707 NORTH 13TH STREET, FT PIERCE EMPIRE 1 HOLDINGS LLC IS THE OWNER AND I'LL BE CALLING MR. ERIC SOL SOLOMON.>> THIS IS ERIC. >> HI THIS IS ELIZABETH WITH THE CITY OF FT. PIERCE BUILDING DEPARTMENT.
CAN YOU HEAR ME OKAY? >> PERFECTLY.
>> YOU ARE IN AUDIO ATTENDANCE OF THE SPECIAL MAGISTRATE HEARING AND I HAVE TO SWEAR YOU IN FOR TESTIMONY SO IF YOU CAN RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD?
>> ERIC SOLOMON. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY TODAY WILL BE THE TRUTH?
>> THE NEXT VOICE YOU'LL HEAR IS THE SPECIAL MAGISTRATE.
>> GOOD MORNING I'M FRAN ROSS AND TIME SPECIAL MAGISTRATE PRESIDING OVER THIS MORNING'S HEARINGS.
THE CASE WILL BE PRESENTED BY MR. COSS.
>> THIS IS CASE 20-1134 FOR, 1707 NORTH 13TH STREET.
PROPERTY IS OWNED BY FT PIERCE EMPIRE 1 HOLDINGS LLC.
1792 BELL TOWER LANE, WEST END, FLORIDA AND THE REGISTERED AGENT IS K SD T AND COMPANY OF MIAMI FLORIDA.
THE VIOLATIONS WERE THE INTERNATIONAL PROPERTY MAINTENANCE CODE 309.1 UP FESS TAX AND 304.7 ROOFS AND DRAINAGE, INTERIOR SURFACES AND 604.3, ELECTRICAL SYSTEM HAZARDS. THIS CAME BEFORE THE SPECIAL MAGISTRATE SEPTEMBER 16TH, 2021 AND THYME WAS GRANTED ON FEBRUARY 25TH OF 2021. SORRY.
THE NOTICE OF EXTENSION OF TIME WAS FEBRUARY FIFTH, 2021 AND AFFIDAVIT OF NON-COMPLIANCE STARTING THE FINES WAS RECORDED MAY 27TH, 2021. SINCE THAT TIME THE CASE HAS COME INTO COMPLIANCE AND THE AFFIDAVIT OF COMPLIANCE WAS RECORDED MARCH 9TH OF 2022. THE FINES TOTAL $28630 WITH 30 DOLLARS BEING RECORDED FEES. THERE ARE THREE CRITERIA TO CONSIDER IN THE REDUCTION OF FINES.
ONE THE GRAVITY OR SERIOUSNESS OF THE VIOLATION IS MODERATE.
TWO ANY AND ALL ACTIONS TAKEN BY THE VIE OWNER TO CURE THE VIOLATIONS AND THREE, THE NUMBER OF TIMES THEY WERE PREVIOUSLY FOUND IN VIOLATION BY OTHER QUASI JUDICIAL OR JUDICIAL PROCESS OR OTHERWISE, ADMITTED GUILT ANY SUCH PROCEEDING WHICH WAS FOUR TIMES. STAFF HAS CALCULATED THE ADMINISTRATIVE COST TO BE $1635 AND 74 CENTS.
THE RESPONDENT REQUESTS ALL FINES BE WAIVED DUE TO EXTENUATING CIRCUMSTANCES DUE TO THE COVID-19 PANDEMIC AND THE IN ABILITY TO EVICT A TENANT DURING THAT TIME PERIOD.
STAFF'S RECOMMENDATION IS TO REDUCE THE FINES IN A MANNER CONSISTENT WITH THE PAST REDUCTIONS WHERE WE HAVE REDUCED A PORTION OF THOSE ASSOCIATED TO REDUCE THE FINES TO $1,000.
>> AND ARE YOU STILL REQUESTING THE 1625 FOR ADMINISTRATIVE COST
OR JUST $1,000 TOTALAL >> $1,000 TOTAL.
TOTAL AMOUNT DUE TO $1,000. >> MR. SOLOMON DID YOU HEAR THE
[01:20:05]
TESTIMONY FROM MR. SHAUN COSS? >> YES, I DID.
>> ARE YOU IN AGREEMENT WITH THAT?
>> I THINK THAT'S FAIR. I APPRECIATE YOU GUYS WORKING
WITH ME. >> ALRIGHT THEN BASED ON THE STIPULATION BETWEEN THE PARTIES I'LL REDUCE THE FINE TO $1,000.
HOW MUCH TIME DO YOU NEED TO PAY THAT?
>> I CAN PAY IT TODAY, TOMORROW. WHAT EVANS YOU NEED.
>> I'LL GIVE YOU 30 DAYS TO PAY IF YOU DON'T PAY IT, IT WILL
REVERT BACK TO THAT AMOUNT. >> THAT'S FIND.
WILL I GET SOMETHING IN THE MAIL?
>> YOU WILL RECEIVE THE ORDER BY E-MAIL.
THE NEXT CASES WE'LL READ IN WERE PEOPLE THAT ARE NOT
[G. 21-3055 2512 Wilkins Ave Salt, Abbie & John Frank Remling]
PRESENT. THE NEXT ONE WE'RE DOING IS 5G, CASE 21-3055, 2512 WILKINS AVENUE, ABBIE AND JOHN SALT ARETHE OWNERS. >> IS THAT RE GOING TO READ THI
>> MY NAME IS FRANK REMLING AND I WORK AS A BUILDING INSPECTOR, INVESTIGATOR AND THIS CASE NUMBER IS 21-3055.
2512 WILKINS AVENUE. THE CASE INITIATED NOVEMBER 2ND OF 2021. THE OWNER IS ABBIE AND JOHN SALT. 710 NORTHEAST, FOURTH STREET, MIAMI, FLORIDA. THE VIOLATIONS ARE IPMC 304 POINT 13 POINT 2. OPENING WINDOWS CORRECTIVE ACTIONS TO MAKE NECESSARY REPAIRS TO NON-WORKING WINDOWS. I DO HAVE A PICTURE OF A FEW
THAT WERE NOT WORKING. >> DO THOSE FAIRLY AND ACCURATELY DEPICT THE WINDOWS AS YOU OBSERVE THEM? THE CITY WILL MOVE IN TO EVIDENCE CITY COMPOSITE ONE PHOTOGRAPHS. WAS THIS A TENANT INITIATED
WE HAVE NOT HEARD ANYTHING FROM THEM OR A REQUEST FOR ANY KIND
OF REINSPECTION. >> ANYTHING FURTHER?
THERE IS NO ONE HERE ON BEHALF OF ABBIE AND JOHN SALT.
THEY ARE NOT PRESENT. BASED ON THE EVIDENCE PRESENTED I FIND THAT THE CITY MAGISTRATE FINDS THE VIOLATION EXISTS AND THE VIOLATOR WILL BE ASSESSED THE TOTAL DUE.
I WILL GIVE THEM 30 DAYS TO OBTAIN A PERMIT.
OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED AND COMPLY WITH OTHER PERMIT CONDITIONS AND CURE ALL VIOLATIONS NOT REQUIRING A PERMIT OR A FINE OF ONE HUNDRED DOLLARS A DAY BE ASSESSED.
THERE ARE 30 DAYS TO APPEAL. >> THE NEXT CASE IS 5I.
[I. 21-3325 2016 Golfview Court Luis Fernandez Logan Winn]
21-3325, 2016 GOLFVIEW COURT. LUIS FERNANDEZ IS THE OWNER.>> WHEN YOU ARE READY MR. LOGAN WINN?
>> CASE 21-3325. 2016 GOLFVIEW COURT.
THE CASE WAS INITIATED NOVEMBER 18TH OF 2021.
THE OWNER IS LUIS FERNANDEZ OF 20162016 GOLFVIEW COURT.
VIOLATION IS FBC 105.1 PERMIT REQUIRED.
CORRECTIVE ACTIONS TO OBTAIN A PERMIT FOR THE SHED LIKE STRUCTURE BEING CONSTRUCTED IN THE REAR OF THE PROPERTY.
I DO HAVE SOME PICTURES OF THE SHED IN THE BACKYARD.
>> DO THESE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE SHED
AS YOU OBSERVED IT? >> YES, MA'AM.
>> AT THIS TIME THE PHOTOGRAPHS WILL BE ADMITTED AS COMPOSITE
[01:25:02]
ONE. >> THEY WILL BE ADMITTED AS SUCH. ANYTHING FURTHER MR. LOGAN WINN?
>> I DO NOT SEE LUIS FERNANDEZ HERE.
THERE'S NO REPRESENTATIVE AND THESE PICTURES WILL BE ADMITTED AS EVIDENCE. BASED TOP TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 2016 GOLFVIEW COURT AND LUIS FERNANDEZ IS RESPONSIBLE FOR THE VIOLATION.
I WOULD GIVE HIM 60 DAYS TO OBTAIN A PERMIT AND APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNDERSTAND THE I'LL THE PERMIT HAS BEEN CLOSED AND COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE OTHER VIOLATIONS OR A FINE OF $100 A DAY BE ASSESSED. THEY HAVE 30 DAYS TO APPEAL.
[K. 21-3532 3021 Okeechobee Road Haisley, Richard & Jimmie Logan Winn]
[L. 21-3533 1611 S 30th Street Haisley, Richard & Jimmie Logan Winn]
[M. 21-3534 1608 S 31st Street Haisley, Richard & Jimmie Logan Winn]
>> THE NEXT CASES WE'LL BE TAKING TOGETHER SINCE THEY ARE ADJOINING PROPERTIES. CA CASES 5K,L AND M. 21, 3532, 3021 OKEECHOBEE ROAD.
HAISLEY ARE THE OWNERS. WE HAVE 1611 SOUTH 30TH STREET AND 1608 SOUTH 32ST STREET AND AGAIN RICHARD AND JIMMY HAISLEY
ARE THE OWNERS. >> GO AHEAD AND READ ALL THREE IN CASE NUMBER ADDRESSES. IT'S ALL ONE LUMP OF EVIDENCE.
>> CASE NUMBER 21-3532. 3021 OKEECHOBEE ROAD.
CASE IS INITIATED DECEMBER 9TH OF 2021.
OWNER IS RICHARD AND JIMMY HAISLEY.
VIOLATION FBC 105.1 PERMIT REQUIRED.
CORRECTIVE ACTION OBTAIN PERMIT FOR PAVING AND STRIPING DONE
WITHOUT A PERMIT. >> LET ME I'LL DO IT THIS WAY.
CASE 21-3533 AT, 1611 SOUTH 30TH STREET, IS THAT WITH THE SAME
>> FOR THE SAME VIOLATION? >> CORRECT.
>> WAS IT INITIATED AT THE SAME TIME?
>> YES. >> CASE 21-2523, 1608 SOUTH 32ST STREET, WAS THAT WITH THE SAME OWNER AND INITIATED AT THE SAME
TIME FOR THE SAME VIOLATION? >> YES.
>> WHAT KIND OF PROPERTY ARE WE SPEAKING ABOUT?
>> A FUNERAL HOME. >> IT IS BASICALLY THE PARKING
LOT FOR THE WHOLE FUNERAL HOME? >> IT IS A PARKING LOT
SURROUNDING IT. >> DO YOU HAVE PHOTOGRAPHS THAT FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT?
>> YES, MA'AM. >> IS THERE AN OVERHEAD AERIAL PROPERTY MAP TO SEE THE THREE DIFFERENT PARCELS THAT WE ARE
I'M GOING TO MOVE THE PACKET IN THAT HAS THE MAP IN IT.
OKAY. DOES THIS ONE HAVE THE MAP ON
AND FOR THE SPECIAL MAGISTRATE'S KNOWLEDGE, DOES IT INCLUDE THE
>> AND DID YOU TELL ME THAT EVERYTHING FAIRLY DEPICTS THE VIOLATION AS YOU OBSERVE IT. THE CITY WILL MOVE IN THE PHOTOGRAPHS FOR CITY COMPOSITE ONE THE PHOTOGRAPHS AND THE MAP.
>> THEY ARE ADMITTED AS SUCH AND WILL REFLECT THE ADDRESSES OF 3021 OKEECHOBEE ROAD AND 1611 SOUTH 30TH STREET AND 1608 SOUTH 32ST STREET WHICH IS THE PARKING LOT AROUND THE FUNERAL HOME.
IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER?
>> NO MA'AM. >> THEN BASED TOP TESTIMONY AND EVIDENCE PRESENTED WITH REFERENCE TO THE CASES I JUST CALLED, I FIND THAT A VIOLATION EXISTS AND THAT RICHARD AND JIMMY HAISLEY ARE THE PARTIES RESPONSIBLE FOR THE VIOLATION AND THEY'LL BE GIVEN 60 DAYS TO OBTAIN A PERMIT AND OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL A PERMIT HAS BEEN CLOSED AND COMPLY WITH OTHER CONDITIONS AND CURE ALL VIOLATIONS DESCRIBED THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 A DAY BE ASSESSED.
THEY HAVE 30 DAYS TO APPEAL EACH CASE.
I FIND THAT NEITHER ONE OF THEM IS PRESENT AND THERE'S NOT A REPRESENTATIVE ON THEIR BEHALF HERE.
[01:30:07]
>> THAT'S IT? IN SO FAR AS THE PARTIES THAT ARE NOT PRESENT, HOW WERE THEY NOTIFIED?
>> NOTICE OF HEARING WAS SENT TO THE VIOLATORS BY CERTIFIED MAIL AND THE GREEN CARD IS SIGNED AND RETURNED AND PLACED IN THE FILE IF IT'S RETURNED UNCLAIMED AN AFFIDAVIT WITH THE NOTICE OF THE HEARING ENCLOSED IS MAILED TO THE VIOLATOR.
TEN DAYS TO THE HEARING ANOTHER COPY IS MAILED AND A COPY WAS PLACED IN THE INSPECTORS FILE TEN DAYS BEFORE TO HEARING.
A NOTICE IS ALSO POSTED IN THE LOBBY OF CITY HALL.
ANY NOTICE IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING IF THE CERTIFICATION CARD IS RETURNED TO THE BUILDING DEPARTMENT WITHIN TEN DAYS BEFORE TO HEARING, POSTING IS COMPLETED THE SAME WAY AS IF THE CARD WAS
ANYTHING FURTHER? >> NO MA'AM.
>> WE WELCOME THE NEW CLERK HERE.
WELCOME ABOARD. STATE YOUR NAME FOR THE RECORD.
>> SAMANTHA SMITH. >> NICE TO MEET YOU,
* This transcript was compiled from uncorrected Closed Captioning.