Apr 18, 2023 Special Magistrate Hearing

[1. CALL TO ORDER]

[00:00:15]

REASONS. NUMBER ONE, YOU'VE RECEIVED NOTICE THAT YOUR PROPERTY IS POSSIBLY IN VIOLATION OF A PARTICULAR CITY CODE OR ORDINANCE AND YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT THAT. SO FAR YOU HAVE NOT DONE THAT. FOR THOSE OF YOU WHO WISH TO BE HEARD, WE'LL CALL YOUR CASES SHORTLY. A COUPLE OF THINGS TO BEAR IN MIND, NUMBER ONE, DOES ANYBODY NEED AN INTERPRETER? AND NUMBET CONCERNS ME, AND I THINK MANY OF THE PEOPLE WHO WORK FOR THE CITY AS WELL, IN RECENT MONTHS, PEOPLE HAVE COME IN HERE AND THEY'VE NOT BEEN CIVIL OR VERY NICE, AS MY GRANDCHILDREN AND GREAT-GRANDCHILDREN WOULD SAY. YOU'RE NOT BEING NICE TO ME.

WE'RE HERE TO ENFORCE THE ORDINANCE OF THE CITY OF FORT PIERCE. YOU'VE HAD AMPLE TIME TO TALK TO PEOPLE. IF NOT AND YOU NEED TO TALK TO SOMEBODY, JUST TALK TO ONE OF THE OFFICERS HERE AND I'M SURE THEY'LL HELP YOU AS BEST THEY COULD, BUT YOU DON'T HAVE TO BE MEAN AND NASTY AND THAT'S WHAT WE'VE SEEN IN RECENT MONTHS. I HOPE THAT IT DOESN'T HAPPEN THIS MORNING, BECAUSE I'M JUST -- I CAN'T TOLERATE THAT. THAT'S NOT WHY WE'RE HERE.

DOES ANYBODY NEED AN INTERPRETER? AND NOW IF YOU DON'T MIND, PLEASE STAND FOR THE

PLEDGE OF ALLEGIANCE. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

LIBERTY AND JUSTICE FOR ALL. >> FOR THOSE OF YOU WHO ARE GOING TO TESTIFY, PLEASE REMAIN

STANDING. THE CLERK IS GOING TO SWEAR YOU IN IT. >> PLEASE RAISE YOUR RIGHT HAND DO YOU SWEAR OR AFFIRM THAT THAT THE TESTIMONY YOU'LL PROVIDE WILL BE THE TRUTH?

>> YES.& >> THANK YOU. >> WHEN YOU'RE READY, MADAM

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

CLERK. >> PRIOR TO THE HEARING, TWO CASES WERE CONTINUED. CASE

[A. 22-2100 1010 Boston Avenue Samuells, William R Samuells, William C Frank Remling ]

[J. 23-71 1822 Gulfstream Ave Shea, Christopher & Tammy Gerard Mezzina]

[B. 22-2732 1219 N 22nd Street Trudeen Multiservices LLC Gerard Mezzina ]

[L. 23-269 3550 S US Hwy 1 Manatee Mobile Home Park LLC Frank Remling]

>> THANK YOU. YOU CAN CALL THE FIRST CASE. >> OKAY. SO OUR FIRST CASE THIS MORNING IS 5B, CASE 22-2332, 1219 NORTH 22ND STREET, TRUDEEN MULTISERVICES LLC IS THE OWNER.

>> IMAGINE IMAGINE >> GOOD MORNING, I'M GIRARD MEZZINA, INSPECTOR/ INVESTIGATOR. SUBJECT 22-2732, 1219 NORTH 22ND STREET, TRUDEEN MULTISERVICES LLC. CASE INITIATED SEPTEMBER 8, 2022. OWNER TRUDEEN MULTISERVICES LLC, 1219 NORTH 222ND STREET, FORT PIERCE, FLORIDA, 34950. REGULAR AGENT FREDDIE ANDERSON. VIOLATIONS, FLORIDA BUILDING CODE 105.1, PERMIT REQUIRED. CORRECTIVE ACTIONS, OBTAIN A PERMIT FOR ADDITIONAL OR FOR ADDITION THAT WAS GREEN LIGHT WITHOUT A PERMIT, INCLUDING MECHANICAL, ELECTRICAL, AND PLUMBING IF ACCEPTABLE. RECOMMENDATIONS: THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS. THE VIOLATERS BE GIVEN 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS, AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COMPLY ALL OTHER PERMIT CONDITIONS AND CURE ALL VIOLATIONS DESCRIBED IN ORDER NOT REQUIRED OR PERMIT OF A FINE OF $100 PER DAY BE ASSESSED. THE UPDATES OF PERMIT APPLIED FOR ON -- I'M SORRY. FEBRUARY 28, 2023, REDIRECTED INTAKE. PLANS ARE NOT SIGNED AND SEALED. CONTRACTOR WAS E-MAILED ON THE 28TH OF FEBRUARY, 2023. AND I HAVE

[00:05:10]

PICTURES. >> MAGISTRATE: ANYTHING FURTHER?

>> NO, MA'AM. >> MAGISTRATE: STATE YOUR NAME. >> FREDDIE ANDERSON.

>> CLERK: WE'LL NEED TO MOVE THE PERHAPS IF THEY CAN HAVE THOSE BACK. DO THOSE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT?

>> MR. MEZZINA: YES. >> CLERK: WE'LL MOVE THIS AS CITY'S COMPOSITE NUMBER ONE.

>> MAGISTRATE: IT WILL BE ADMITTED AS ONE. >> IN ONE OF THESE DRAWERS, THERE SHOULD BE A LITTLE BOX OF PAPERCLIPS. THANK YOU. MR. MEZZINA, IT LOOKS LIKE YOU HAVE PHOTOGRAPHS OF THE PROPERTY LABELED A THROUGH G AND THEN AN OVERHEAD AERIAL OF THE PROPERTY

>> MR. MEZZINA: IS THAT CORRECT. >> IS THAT TO SO THE PROPERTY

PRIOR TO THE ADDITION? >> MR. MEZZINA: YES, IT IS. BEFORE AND AFTER.

>> I MOVE THOSE IN AS COMPOSITE EXHIBIT ONE. >> MAGISTRATE: IT WILL BE

ADMITTED AS SUCH. >> THANK YOU. >> MAGISTRATE: YOU'RE WELCOME.

ANYTHING FURTHER? >> MR. MEZZINA: NO, MA'AM. >> MAGISTRATE: SIR, STATE YOUR

NAME FOR THE RECORD. >> FREDDIE ANDERSON. >> MAGISTRATE: HOW DO YOU

RESPOND TO THE ALLEGATIONS? >> MR. ANDERSON: I HIRED A CONTRACTOR TO TAKE CARE OF THIS MATTER. I PAID HIM. HE HAD A HEART ATTACK. I MEAN, HE CAME IN HERE. HIS ASSOCIATE CAME IN, MR. BROOKS. I TALKED TO MR. BROOKS, I THINK, THURSDAY. HE WAS OUT OF THE COUNTRY. TOLD ME HE WAS GOING TO CALL BY WEDNESDAY. SAID HE WOULD CALL ME BACK FRIDAY. I HAVEN'T HEARD ANYTHING FROM HIM. I WAS THINKING HE WOULD BE HERE TODAY I REALLY DON'T EVEN KNOW WHAT TO SAY. I HIRED THESE GUYS, SO I GUESS I COULD ASK FOR A CONTINUANCE OF A WEEK TO SEE COULD I GET IN CONTACT WITH HIM TO COME IN AND TELL ME WHERE WE ARE. THE LAST TIME I CAME, THEY SAID IT NEEDED TO BE SIGNED AND SEALED. THAT WAS THE ISSUE LAST TIME, I THINK.

>> MAGISTRATE: IT'S NOTED BY ME AND I THINK MAYBE SOME OTHER PEOPLE THAT THE CONTRACTOR YOU REFERRED TO DID HAVE A HEART ATTACK. MR. BROOKS WAS HERE REPRESENTING HIM. WHEN WAS THE

PLAN SUBMITTED TO THE CITY? >> MR. ANDERSON: I'M NOT EXACTLY SURE THE EXACT DATE. I

KNEW IT WAS OVER A MONTH AGO. >> MAGISTRATE: OKAY. AND WERE YOU TOLD WHAT WAS WRONG WITH THE

PLAN? >> MR. ANDERSON: ONE ELECTRICIAN TOLD ME -- I ONLY REMEMBER HE SAID IT NEEDED TO BE SIGNED AND SEALED OR SOMETHING LIKE THAT. I HAVE NO CLUE EXACTLY HOW THIS THING WORKS. I JUST TRIED TO HIRE THE CONTRACTOR AND HOPE I COULD GET

IT TAKEN CARE OF, YOU KNOW? >> MAGISTRATE: OKAY. >> MR. ANDERSON: THE GUY THAT DOES THE DRAWING, THE ENGINEER, I THINK THAT'S WHAT HE HAS TO DO. I'M NOT SURE.

>> MAGISTRATE: OKAY. OF WELL, NUMBER ONE, IF YOU'RE GOING TO BE IN THIS BUSINESS, ARE YOU GOING TO OVERSEE WHAT'S GOING ON WITH YOUR PROPERTY? YOU NEED TO MAKE SURE PEOPLE EXPLAIN HOW WHAT THEY'RE DOING OR WHAT HASN'T BEEN DONE. THAT IS YOUR RESPONSIBILITY, BECAUSE THEY'RE

NOT HERE THIS MORNING. YOU ARE. >> MR. ANDERSON: RIGHT. >> MAGISTRATE: ALSO, THEY HAVE BEEN BEFORE THE BOARD BEFORE AND THAT'S NOT BEEN A PROBLEM, OKAY BUT YOU NEED TO KNOW WHAT'S

GOING ON WITH YOUR PROPERTY. >> MR. ANDERSON: YEAH, CORRECT >> MAGISTRATE: YOU CAN'T SAY I DON'T KNOW. THAT'S UNACCEPTABLE TO ANYBODY. OKAY? SO WHAT I'LL DO, I'LL CONTINUE T I KNOW THAT THE CONTRACTOR HAD A HEART ATTACK. MR. BROOKS WAS HERE. I'LL GRANT YOU ANOTHER

CONTINUANCE, BUT YOU NEED TO GET TO THE BOTTOM OF THIS YOURSELF. >> MR. ANDERSON: I'LL GO BY HIS

OFFICE. >> MAGISTRATE: I MEAN, I'M NOT UPSET OR ANYTHING. THINGS DO HAPPEN. BUT YOU STILL ARE RESPONSIBLE. NOBODY IS HERE THIS MORNING BUT YOU.

>> MR. ANDERSON: I UNDERSTAND THAT COMPLETELY. >> MAGISTRATE: WELL, GOOD LUCK

TO YOU. TAKE CARE. >> MR. ANDERSON: THANK YOU. >> SPECIAL MAGISTRATE, HOW LONG

OF A CONTINUANCE ARE YOU GRANTING? >> MAGISTRATE: THE MAY HEARING YOU'LL BE BACK IN MAY. HOPEFULLY IF EVERYTHING IS TAKEN CARE OF, YOU WON'T HAVE TO COME

BACK. GOOD LUCK. >> MR. AROUND ARE SON: THANKS .

>> MAGISTRATE: NEXT CASE WHEN YOU'RE READY. >> CLERK: THE NEXT CASE IS 5C,

[C. 22-2824 412 Farmers Market Road 412 Farmers Market Rd FP LLC Logan Winn]

[00:10:04]

>> MAGISTRATE: MORNING, MR. WIN. >> MR. WIN: GOOD MORNING, MA'AM. MY NAME IS LOGAN WINN. I'M AN INSPECTOR/INVESTIGATOR FOR THE CITY OF FORT PORTION/BUILDING D. TODAY WE HAVE CASE 22-2824, 412 FARMERS MARKET ROAD. THE CASE WAS INITIATED SEPTEMBER 16TH, 2022. THE OWNER IS 412 FARMERS MARKET ROAD FP, LLC, OF 8359COLMET COURT, FORT ST. LOUIS I, FLORIDA. VIOLATION FBC105.1, 2020 PERMIT REQUIRED. THE CORRECTIVE ACTION TO OBTAIN A PERMIT FOR SEAL CODING AND STRIPING DONE WITHOUT A PERMIT.

THE RECOMMENDATION, THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXIST, THE VIOLATERS BE GIVEN 60 DAYS TO OBTAIN A PERMIT, REQUIRE APPROVAL FOR ALL REQUIRED INSPECTIONS EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COMPLY WITH ALL OTHER PERMIT CONDITIONS AND ALL OTHER VIOLATIONS IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED. THIS IS THE SECOND TIME IT'S BEEN BEFORE THE SPECIAL MAGISTRATE.

DPCR HAS BEEN APPROVED SINCE MARCH 2ND OF 2023. BUT NO SUBSEQUENT PERMIT HAS BEEN APPLIED FOR. I DO HAVE A SET OF PICTURES FROM THE PROPERTY AS WELL.

>> HAS THE RESPONDENT SEEN THOSE PHOTOGRAPHS? >> YES.

>> DO THEY FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT?

>> YES, MA'AM. >> AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT ONE

THE PHOTOGRAPHS. >> MAGISTRATE: THEY'LL BE ADMITTED AS SUCH.

>> THANK YOU. >> MAGISTRATE: ANYTHING FURTHER, MR. WINN?

>> NO, MA'AM. >> IS SIR, STATE YOUR NAME FOR THE RECORD.

>> PETER CORRAL HE IS. >> AND HOW DO YOU RESPOND? >> WE APPLIED FOR THE PERMIT YESTERDAY, SO THAT WAS DONE AS OF YESTERDAY. OBVIOUSLY IT'S NOT ENOUGH TIME TO PROCESS IT.

SO WE ARE ASKING FOR A CONTINUANCE JUST TO GO THROUGH THE PERMITTING PROCESS AND THEN WE CAN GO AHEAD AND CALL FOR OUR FINAL AFTER THE PERMIT IS APPROVED.

>> MAGISTRATE: I HAVE A CONCERN, THIS HAS BEEN SINCE SEPTEMBER. HAVE YOU

BEEN WORKING WITH THEM SINCE SEPTEMBER? >> I HAVE. THE REASON IT TOOK SO LONG IS THE CLIENT, MR. GAMB BINO, WAS OUT OF THE COUNTRY.

HE ONLY SIGNS PAPERS. HE DOESN'T DO ANY ELECTRONIC SIGNATURES.

SO MY APOLOGIES FOR ACTUALLY GETTING THINGS DONE, YOU KNOW, WITH TARDINESS, BUT UNFORTUNATELY, THAT IS THE WAY THAT THAT

GENTLEMAN WORKS. >> MAGISTRATE: IS HE IN THE COUNTRY NOW?

>> MR. CORALES: YES. >> MAGISTRATE: OKAY. ALL RIGHT. ANYTHING FURTHER FROM EITHER PARTY? ALL RIGHT I'M GOING TO FIND THAT THE VIOLATION EXISTS AND I'LL GIVE YOU 30 DAYS TO OBTAIN A PERMIT. THIS CASE INITIATED SEPTEMBER 16TH, MR. GAMBINO LEFT THE COUNTRY AND REFUSES TO ELECTRONICALLY SIGN DOCUMENTS. WE CAN'T TOLERATE THAT.

>> MR. CORRAL HE IS: I AGREE. >> IS I'LL GIVE HIM 30 DAYS TO OBTAIN A PERMIT, OBTAIN 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 IN THE ORDER NOT REQUIRING A PERMIT OR FINE OF $100 PER DAY WILL BE ASSESSED AGAINST HIM. THAT'S 30 DAYS TO APPEAL.

>> THANK YOU. >> MAGISTRATE: YOU'RE WELCOME.

[E. 22-3341 McNeil Road Portofino Landing CDD Logan Winn]

>> CLERK: NEXT CASE IS 5E, CASE 22-3341, MCNEIL ROAD, PORTOFINO LANDING

CDD IS THE OWNER. >> ARE YOU MR. ZIMMERMAN?

>> NO. RICHARD HANDS. >> WHAT'S YOUR RELATIONSHIP TO THE

PROPERTY? >> THE PROPERTY IS OWNED BY PORTOFINO LANDING AND I'M THE DISTRICT MANAGER AND I SERVE AS SECRETARY FOR THE DISTRICT AS

WELL. >> OKAY. THANK YOU. >> 22-3341, MCNEIL ROAD.

THE OWNER IS PORTOFINO LANDING CDD, GMS LLC OF 5385 NORTH KNOB HILL

[00:15:03]

VIOLATION, FBC105.12020, PERMIT REQUIRED. CORRECTIVE ACTIONS, OBTAIN A PERMIT FOR THE ROAD PAVING DOWN WITHOUT A PERMIT. THE RECOMMENDATION: THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATERS BE GIVEN 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN HD492(CC1) #2218 ALL OTHER PERMIT CONDITIONS, AND CURE ALL OTHER VIOLATIONS DESCRIBING THE ORDER, NOT REQUIRING A PERSONAL OR A A SET OF PICTURES OF THE

PROPERTY, ALSO. >> HAS THE RESPONDENT SEEN THE PHOTOGRAPHS?

>> * MR. WINN, DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT AS YOU OBSERVED IT? AT THIS TIME THE CITY WILL MOVE IN AS COMPOSITE ONE THE

PHOTOGRAPHS. >> MAGISTRATE: IT WILL BE ADMIT AS SUCH. THANK

YOU. >> MR. WINN, CAN ALSO GIVE THE SPECIAL MAGISTRATE KIND OF THE BACKGROUND OF WHAT'S GOING ON WITH THIS

PAVING, PLEASE? >> MR. WE IN, N: THIS IS ACTUALLY MCNEIL ROAD THAT NEEDS INTO WAL-MART AND GOES BACK TO PORTOFINO AND A COUPLE OTHER DEVELOPMENTS. WE HAVE ANOTHER CASE ON WAL-MART FOR THE SAME SCENARIO. THE WAY I WAS TOLD WAS WAL-MART ACTUALLY HIRED THE

CONTRACT, THEN PAVED THE ROAD. >> AND IS IT YOUR UNDERSTANDING THAT WAL-MART PAVED PORTOFINO'S ROAD?

>> IT IS. >> NOT PORTOFINO DOING THE PAVING?

>> CORRECT. >> MAGISTRATE: IT BREAKS MY HEART TO HEAR

THAT WAL-MART DID THAT. ANYTHING FURTHER? >> MR. WIN: NO, MA'AM.

>> MAGISTRATE: ALL RIGHT. SIR, AGAIN, STATE YOUR NAME.

>> RICHARD HANDS. >> MAGISTRATE: SPELL YOUR LAST NAME.

>> HANS. >> MAGISTRATE: AND HOW DO YOU RESPOND TO THE

ALLEGATION? >> I WAS HOPING THAT THE CASE BEFORE ME, WAL-MART, WOULD HAVE BEEN HERE TO TALK. WHAT HAPPENED IS WAL-MART HIRED A CONTRACTOR AND THE CONTRACTOR NOT ONLY PAVED THEIR SECTION OF ROAD. THEY PAVED THE SECTION OF THE ROAD THAT PORTOFINO LANDING ZONED.

WE HAD NO PART OF HIRING. WHERE HE DIDN'T EVEN KNOW THEY WERE GOING TO DO IT. FIRST TIME WE ACTUALLY REALIZED ANYTHING WAS DONE WAS WHEN THERE IS A CEASE AND DESIST, STOP ORDER THAT WAS SENT OUT.

AND THAT'S WHEN WE FOUND OUT THAT SOMEONE WAS PAVING A ROAD. YOU KNOW, OUR ATTORNEY FOR THE DISTRICT SEPTEMBER A LETTER TO WAL-MART KIND OF DEMANDING THAT THEY RECTIFY, GET PERMITS IN PLACE, YOU KNOW, AND COVER OUR AREA. WAL-MART, WE HAVE NOT HEARD BACK FROM. I WAS ABLE TO GET IN STUFF WITH STRIPE A LOT. GREG KAY IS THEIR OWNER OR CONTRACTOR. HE SAID HE'S FILING THE PERMITS. I'VE BEEN WORKING WITH JANICE ESPINA IN THE BUILDING DEPARTMENT. YOU KNOW, WHAT THEY DIDN'T DO WAS REALIZE THAT, YOU KNOW, WE HAD TO SIGN THE PERMIT AS WELL AS WAL-MART, SO THAT'S WHY YOU GOT THE ONE ON THE 11TH, BECAUSE JANICE OR SOMEONE WENT BACK AND SAID THAT PERMIT IS NOT, YOU KNOW, FOR MY PROPERTY, PORTOFINO LANDING PROPERTY. SO THAT IS A ALL IN PROCESS. I THINK WE HAVE EVERYTHING IN. THERE IS A REVIEW FEE NEEDED AND THERE WAS AN E-MAIL FROM JANICE ESPINO YESTERDAY THAT THEY RECEIVED THE REVIEW FEE TO MOVE FORWARD WITH THE PERMIT. SO A LOT OF THIS IS NOT IN MY HANDS COMPLETE, AND I WOULD JUST HOPE THAT WE CAN JUST GET AN EXTENSION TO COME BACK AND HOPEFULLY KEEP PUSHING TO GET THIS

COMPLETED IN THAT WORKS. >> MAGISTRATE: DO YOU THINK YOU'LL HEAR FROM THE CITY IN TERMS OF PERMITTING PROCESS WITHIN 30 DAYS?

>> MR. HAN: I'M NOT SURE -- >> GIVEN WHAT MR. WINN SAID WAS MISSING, I WOULD DOUBT THAT, QUITE FRANKLY. AND MR. COSS

CAN CORRECT ME IF HE THINKS I'M WRONG. >> MR. COSS: IF IT I CANNED JUST HAVE A MINUTE. I'M TRYING TO LOCATE THE PERMIT APPLICATION TO SEE WHAT ALL HAS BEEN ADDRESSED AS OF YESTERDAY.

INITIALLY, THERE WAS AN ISSUE WITH THE CONTRACTOR'S REGISTRATION AS WELL. IF IT THAT IS STILL AN ISSUE, THE CONTRACTOR WOULD NEED TO REGISTER HIS LICENSE AND APPEAR IN FRONT OF THE CONTRACTOR LICENSING BOARD, WHICH ONLY MEETS ONCE A MONTH. SO I COULD JUST HAVE A MOMENT, I'LL VERIFY THAT.

>> MAGISTRATE: OKAY. >> I'M SORRY. THIS IS A CONTRACTOR THAT YOU HIRED? NOT THE ONE THAT DID THE WORK FOR WAL-MART?

>> MR. HAN: NO. THIS IS WAL-MART'S CONTRACTOR. THIS IS THE

ONE THAT ACTUALLY DID THE PAVING. >> THAT'S WHO FILED FOR

THE PERMIT? >> MR. HAN: THAT'S WHO'S FILING FOR THE

[00:20:05]

TOUCH WITH. >> MY UNDERSTANDING IS HE'S NOT LOCAL. IS THAT

-- >> MR. HAN: * THAT IS CORRECT. AND IT'S PERMIT

23-1442. >> MR. COSS: WE STILL DO NOT HAVE THE CONTRACT REGISTRATION, SPECIAL MAGISTRATE. IF PORTOFINO INTENDS WITH STICKING ON STRIPE A LOT, I WOULD RECOMMEND AT LEAST 60 DAYS. THEY ALSO HAVE THE ABILITY TO HIRE A DIFFERENT CONTRACTOR TO PULL THE PERMIT IF THAT CONTRACTOR WOULD BE WILLING TO ACCEPT THE RESPONSIBILITY AND THE WORK THAT WAS ALREADY DONE, WHICH IS SOMETIMES A HARDSHIP AS WELL. SO STAFF'S RECOMMENDATION AT THIS POINT WOULD BE

TO PROVIDE 60 DAYS. >> MAGISTRATE: I'M CONSIDERING WHETHER I'LL CONTINUE THIS OR FIND THAT THEY'RE IN VIOLATION. WE'RE KIND OF CAUGHT BETWEEN A ROCK AND A HARD PLACE. THEY DIDN'T PAY THE CONTRACTOR. YOU DIDN'T KNOW IT WAS DONE AND YOU'RE THE ONLY PERSON STANDING BEFORE ME. WHAT I'LL DO AT THIS POINT, I'LL CAN'T IT FOR 2006 * -- 60 DAYS TO SEE WHERE YOU ALL ARE GOING, AND THEN STAY IN TOUCH

WITH MR. WINN AND WE'LL SEE WHAT HAPPENS. >> MR. HAN: I

APPRECIATE THAT. >> CONTINUED TO THE JUNE HEARING?

>> MAGISTRATE: YES, PLEASE. >> NEXT CASE IS 5F, CASE

[F. 23-16 2739 S US Hwy 1 Esquivel, Victor & Cantu, Damaris Logan Winn]

CANTU ARE THE OWNERS. >> CASE 23-16 OF 2739 SOUTH U.S. HIGHWAY ONE.

CASE WAS INITIATED JANUARY 4TH, 2023. THE OWNER IS VICTOR QESQUIVEL AND D DAMARIS CAN TWO. VIOLATION FBC105 IF THE ONE, 2020, PERMIT REQUIRED. CORRECTIVE ACTIONS. OBTAIN A PERMIT FOE THE FIVE MINI SPLIT AC UNITS, WINDOWS, EXTERIOR DOOR, AND ANY OTHER RENOVATION WORK BEING DONE WITHOUT A PERMIT. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXIST, THEY BE GIVEN 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS EVERY 180 DAYS UNTIL THE PERMITS HAS BEEN CLOSED.

COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED. THERE'S BEEN NO PERMIT ON THIS PROPERTY. ON 1-25/23, THE CONTRACTOR WAS PROVIDED A 30-DAY EXTENSION AND NO PERMITS HAVE BEEN APPLIED FOR. I DO HAVE A SET OF

PICTURES OF THE PROPERTY AS WELL. >> MR. WINN, THE 30-DAY ATTENTION, WAS THAT THROUGH A BUILDING PERMITS OR SPECIAL

IMAGINE ADMINISTRATION HEARING? >> I BELIEVE THAT WAS

THROUGH THE BUILDING DEPARTMENT. >> OKAY.

>> HAS THE THE RESPONDENT SEEN THE PHOTOGRAPHS?

>> MAGISTRATE: SIR, FOR THE RECORD, STATE YOUR NAME.

>> PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU

OBSERVED IT? >> YES. >> AT THIS TIME, THE CITY WILL MOVE IN AS COMPNE THE PHOTOGRAPHS.

>> MAGISTRATE: THEY WILL BE ADMITTED. ANYTHING FURTHER,

MR. WINN? >> NO, MA'AM. >> MR. DARSINVILLE, HOW

ARE YOU? >> FINE, THANK YOU. >> *.

>> MAGISTRATE: HOW ARE YOU GOING TO RESPOND THIS MORNING?

>> THE THING IS WE TRIED TO PULL THE PERMIT, AND WITH THE FIVE MINI SPLIT, THEY DO NOT HAVE [INAUDIBLE] APPROVAL FOR THAT TO PULL MY MASTER PERMIT. BUT NOW WHAT I'M GONNA DO IS WE'RE GONNA GO AHEAD AND

[00:25:02]

THAT IS POSSIBLE. >> MAGISTRATE: YOU CAN GET WITH THE BUILDING DEPARTMENT ON THAT. I'M GOING TO STAY OUT OF THAT. ALL RIGHT. I THINK THIS CASE HAS BEEN BEFORE ME BEFORE. WAS IT? OR IS THIS THE

FIRST TIME? THAT ADDRESS? >> NO, MA'AM. THAT'S

THE FIRST TIME. >> MAGISTRATE: THE NAME SOUNDS FAMILIAR, THOUGH.

>> RIGHT. THE RESPONDENT DOES OWN A COUPLE OTHER PROPERTIES

IN FORT PIERCE THAT HAVE COME BEFORE YOU. >> *.

>> MAGISTRATE: OKAY. AND MR. DARSINVILLE, WHEN I SEE YOU IN HERE, I ALWAYS KNOW THERE'S A PROBLEM. NOT WITH YOU, BUT WITH WHATEVER YOU'RE WORKING ON. OKAY. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AND THAT THE PARTIES, VICTOR ESQUIVEL AND MAMARIS CAN TWO ARE RESPONSIBLE. THEY'RE BEING REPRESENTED HEREBY MR. DARSINVILLE, A LOCAL CONTRACTOR. I'LL GIVE THEM 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED, COMPLY WITH ALL OTHER PERMIT CONDITIONS, AND CURING ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT ON FINE OF $100 PER DAY BE ASSESSED.

YOU HAVE 30 DAYS TO APPEAL. AND I HAVE NO DOUBT YOU'LL GET THIS

DONE FOR THEM. ALL RIGHT. THANK YOU. >> THANK YOU.

>> MAGISTRATE: NEXT CASE. >> THE NEXT CASE IS 5H,

[H. 23-52 429 N 20th St Unit A Johnson, Sharon Logan Winn]

[I. 23-54 429 N 20th St Unit B Johnson, Sharon Logan Winn]

B. >> AND MR. WINN, ARE THE VIOLATIONS FOR BOTH

CASES THE SAME? >> YES, MA'AM, THEY ARE. >> OKAY. SO SPECIAL MAGISTRATE, WE INTEND TO READ THEM IN TOGETHER AT THE SAME TIME.

>> MAGISTRATE: ALL RIGHT. GOOD ENOUGH. THANK YOU. WHEN YOU'RE

READY, MR. WINN. >> CASE NUMBER 23-52, 429 NORTH 20TH STREET, UNIT A, CASE INITIATED JANUARY 10TH, 2023. THE OWNER IS SHARON JOHNSON OF 4268 LAKE TAHOE CIRCLE, WEST PALM BEACH, FLORIDA, 44039.

VIOLATIONS FBC PERMIT REQUIRED, IPMC1 # # # 1.1.1, 2021, UNSAFE STRUCTURES. IPMC1..ONE, UNSAFE EQUIPMENT. IPMC11.1.3, STRUCTURE UNFIT FOR HUMAN OKAY ON YOU PAMBIE. ONE # # 1.1.52020 AND 2021, DANGEROUS STRUCTURE OR PREMISES. IPMC, EXTERIOR STRUCTURE GENERAL. IPMC304.1.1, 2021, UNSAFE CONDITIONS. IPMC304.22021, PROTECTIVE TREATMNT. 304.32021 ADDRESS IDENTIFICATION.

IPMC304.4, STRUCTURAL MEMBERS. IPMC304.620211 EXTERIOR WALLS.

IPMC304.72021, ROOFS AND DRAINAGE. 304.132021 WINDOWS, SKYLIGHT, AND DOOR FRAMES. 304.13 IF THE 12021 GLAZING. IPMC304.152-0211 DOORS.

IPMC304.182-0211 BUILDING SECURITY. IPMC304.18.12021 DOORS.

IPMC305.1 GENERAL. IP346789C305.1.1 UNSAFE CONDITIONS.

IPMC305.22021 STRUCTURAL MEMBERS. IPMC305.32021, INTERIOR SURFACES.

IPMC305.4, STAIRS AND WALKING SURFACES. 30 6.1 2021, COMPONENT SERVICE ABILITY GENERAL. IPMC30 6.1.12021 UNSAFE CONDITIONS.

IPMC604.32021 ELECTRICAL SYSTEM HAZARDS. IPMC604.1.1 ABATEMENT OF

[00:30:06]

IPMC604.3.1.12021 ELECTRICAL EQUIPMENT. IBM C604.3.2.12021 ELECTRICAL EQUIPMENT. CORRECTIVE ACTIONS: OBTAIN A PERMITS FOR RETEAR AND REPLACE ALL FIRE DAMAGED WIRING, ELECTRICAL FIXTURES, DRYWALL, SOFFIT AND FASCIA. ANY STRUCTURAL DAMAGE WILL REQUIRE SIGNED AND SEALED REPAIR PLANS DESIGNED BY REGISTERED DESIGN PROFESSIONAL. THE RECOMMENDATION: THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATERS BE GIVEN 60 DAYS TO OBTAIN A PERMIT, OBJECT TAPE APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DOES UNTIL THE EXPERIMENTS HAS BEEN CLOSED. COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL THE VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR FINE OF $100 PER DAY BE ASSESSED. THERE ARE NO PERMITS ON THIS

PROPERTY. AND I DO HAVE A SET OF PICTURES. >> MR. WINN, IS CASE NUMBER 23-54, 429 NORTH 20TH STREET, UNIT B, IS THAT ALSO THE SAME

VIOLATIONS? >> MR. WINN. IDENTICAL: >> THE SAME CORRECTIVE

ACTIONS AND DO YOU HAVE THE SAME RECOMMEDATION? >> YES.

>> DO YOU HAVE THE PHOTOGRAPHS FOR THAT PLOT AS WELL? OKAY. DO YOU HAVE TWO SEPARATE SETS? OR IS IT THE SAME PHOTOGRAPHS THAT DEPICT

BOTH UNITS? >> MR. WIN: THESE ARE THE SAME PICTURES. I THINK WE LABELED THE FRONT AS UNIT B. THEY ARE THE SAME SET.

>> SO DO YOU HAVE TWO SETS FOR EACH PROPERTY OR ONE SET FOR EACH

PROPERTY? >> MR. WINN: YES. >> HAS THE RESPONDENT SEEN THE PHOTOGRAPHS FOR EACH PROPERTY OR EACH UNIT? YOU CAN SHOW HER THE OTHER PACKET, TOO. WE'LL MOVE THEM BOTH IN. DO THE PHOTOGRAPHS FOR EACH UNIT FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU

OBSERVED THEM? >> YES, MA'AM. >> AT THIS TIME THE CITY WILL MOVE IN COMPOSITE EXHIBIT ONE FOR EACH CASE RESPECTIVELY THE PHOTOGRAPHS CORRESPOND TO GO THAT UNIT. AGAIN, R -- CORRESPONDING TO

THAT UNIT. THEY ARE LABELED A AND B. >> MAGISTRATE: ALL RIGHT. THANK YOU. ANYTHING FURTHER, MR. WINN?

>> NO, MA'AM. >> MAGISTRATE: THESE WILL BE ADMITTED AS

SUCH. THE ONE FOR UNIT B, ONE FOR UNIT A. >> IF I CAN HAVE MR. WINN JUST GIVE YOU A LITTLE BACKGROUND, MR. WINN, THIS IS THE SECOND

FIRE THAT'S OCCURRED TO THIS PROPERTY? >> MR. WINN: CORRECT.

THE STORY I WAS TOLD WAS THAT THERE IS A FIRE. THERE WERE SOME CONTRACTORS THAT WERE INVOLVED AND THERE WAS ANOTHER FIRE THAT HAPPENED AFTER THEY, I GUESS, WERE HIRED TO REPAIR THE FIRST FIRE

DAMAGE. >> THANK YOU. >> MAGISTRATE: WHEN DID

THE FIRE OCCUR? >> MR. WINN: I WOULD ASSUME RELATIVELY CLOSE TO THE CASE INITIATION DATE OF JANUARY 10TH. I COULD DOUBLE-CHECK TO

SEE IF I HAVE THAT. >> MAGISTRATE: LET ME ASK, MS. JOHNSON, WERE YOU SWORN IN? DID YOU TAKE AN OATH TO TELL THE TRUTH?

>> OH, YES. I DID THAT. >> MAGISTRATE: WHEN DID THE FIRE OCCUR?

>> I'M NOT SURE THE EXACT DATE. I WASN'T CALLED AND INFORMED BY THE SAINT LUCIA COUNTY POLICE DEPARTMENT THAT IT WAS A CASE OF ARSON, THAT THE PROPERTY HAD CAUGHT FIRE. AND I DO BELIEVE THAT WAS IN JANUARY. I DON'T HAVE THE EXACT DATE, BUT I DO HAVE THE CASE OR

REFERENCE NUMBER TO THAT. >> MAGISTRATE: ALL RIGHT. HOLD ON. ANYTHING FURTHER, MR. WINN?

>> MR. WINN: I DO NOT HAVE THE REPORT FROM THE FIRE DEPARTMENT. THE

DATE ON THE PMI R FORM IS 12-28. >> I HAVE THAT CASE NUMBER OR REFERENCE NUMBER IF YOU WANT IT.

>> MR. WINN: THAT DOESN'T HELP ME. SORRY. >> MAGISTRATE: ALL

RIGHT. ANYTHING FURTHER, MR. WINN? >> MR. WINN: NO, MA'AM.

>> MAGISTRATE: MS. JOHNSON, HOW DO YOU RESPOND?

>> MS. JOHNSON: INITIALLY I SPOKE WITH MS. BETH. I WENT INTO THE OFFICE TO FIGURE OUT WHAT WOULD BE THE BEST ROUTE TO TAKE REGARDING

[00:35:04]

SQUATTERS, I GUESS, WAS IN THE PROPERTY. SO THE CONTRACTOR SAID SOMETHING AND THEN IT WAS LIKE, YOU KNOW, MAYBE THE OWNER'S JOB TO KIND OF LIKE TAKE CARE OF THAT, SO I TOLD THEM I WAS GOING TO BE HAVING SOMEONE FIX UP THE PROPERTY, A CONTRACTOR, AND I DON'T THINK I WAS RUDE OR NASTY, YOU KNOW. I FELT BAD FOR THEM AND, YOU KNOW, JUST, YOU KNOW, THAT THEY WOULD NEED -- BECAUSE THEY HAD A SIGNIFICANT AMOUNT OF STUFF ALL OUT EVERY TIME THE WINDOWS WAS BOARDED-UP. THEY WAS BUSTED OUT. EVERY TIME THE DOOR WAS BOARDED-UP, IT WAS BROKEN DOWN. SO IT WAS LIKE NOT EVEN A COUPLE DAYS LATER, IT WAS FIRE. I DIDN'T HIRE ANOTHER CONTRACTOR. I'M DEFINITELY NOT AWARE OF ANY SECOND FIRE THAT YOU MADE REFERENCE TO. AND NO CONTRACTORS HAD ANYTHING, YOU KNOW, WITH THE FIRE OR ANYTHING LIKE THAT. BUT AT THIS POINT, LIKE EVERYTHING THAT I KIND OF LIKE HAD IN THAT PROPERTY THAT WAS PREVIOUSLY FIND FOR, LIKE ELECTRICAL WORK, EVERYTHING, IT WAS LIKE A TOTAL LOSS, YOU KNOW? EVERYTHING, EVERYTHING, THE THINGS THAT I BOUGHT TO REPAIR IT AND THE WORK THAT WAS DONE PREVIOUSLY, ALL OF THAT WAS DESTROYED. LIKE EVERYTHING BY THE PROPERTY. SO I'M BACK TO SQUARE ONE. SO I WAS JUST FIGURING, LIKE, YOU KNOW, I WOULD NEED A SIGNIFICANT AMOUNT OF TIME TO KIND OF LIKE REASSESS THINGS TO EVEN GET THINGS GOING AS FAR AS, LIKE, RESTORING THE PROPERTY SO I'M HERE TODAY TO SEE IF I CAN GET THE FINES REDUCED OR ELIMINATED, WHICH I DON'T KNOW IF THEY CAN BE ELIMINATED, BUT AT LEAST SIGNIFICANTLY REDUCED AND THEN I'LL GET WITH MS. BETH OR THE, YOU KNOW, THE CITY TO FIGURE OUT IF I'M GOING TO -- DEPENDING ON WHAT THE MAGISTRATE, YOU KNOW, TELLS ME, THEN I'LL DETERMINE WHETHER I'M GOING TO PROCEED WITH THE CONTRACTOR FOR PLANS ON FIXING IT OR JUST DEMOLISHING IT, BECAUSE I KNOW RIGHT NOW I WON'T BE ABLE TO GET PERMITS AND HAVE IT FIXED WITHIN, YOU KNOW, 60 DAYS, 180 DAYS, YOU KNOW? IT WILL BE A LITTLE WHILE. SO I DON'T EVEN WANT TO COME UP HERE AND SAY IT'S GOING TO HAPPEN RIGHT AWAY, BUT THE CODING THAT THE CITY, I GUESS, WITH THE OUTSIDE AND THE TREES AND THE INSIDE, ALL OF THAT HAS BEEN CLEANED UP AND I HAVE SOMEONE ONCE A MONTH TO KEEP THE PROPERTY CLEAN, SO ALL THE CODINGS AS FAR AS THE OUTSIDE AND THE TREES AND, YOU KNOW, AND I PUT, YOU KNOW, NO TRESPASSING, YOU KNOW, AND BOARDED EVERYTHING UP AGAIN AND SO NO ONE CAN GET IN, YOU KNOW, DUE TO THE UNSAFE STRUCTURE AT THIS POINT.

SO I HAVEN'T HAD ANY PROBLEMS WITH ANYBODY IN IT, BECAUSE IT'S PRETTY

BOARDED-UP PRETTY WELL. >> CAN I ASK MERCER COUPLE QUESTIONS,

SPECIAL MAGISTRATE? >> MAGISTRATE: YES, YOU MAY. >> JUST SO YOU'RE CLEAR, SPECIAL MAGISTRATE, THERE'S A SEPARATE CASE ON TODAY FOR A MASSEY HEARING REGARDING THE SAME HEARING. SO WE'LL ADDRESS THAT ONE A LITTLE BIT LATER. BUT MY UNDERSTANDING WAS WHEN YOU ORIGINALLY DID THE RENOVATIONS, THAT WAS BECAUSE OF FIRE DAMAGE. IS THAT CORRECT? SO THERE'S ONLY BEEN ONE FIRE ON THE PROPERTY?

>> YES. >> THERE'S ALL I WANTED TO CLARIFY.

>> MAGISTRATE: THE PROPERTY LOOKS PRETTY BAD, BOTH SET OF PICTURES HERE, EACH UNIT . HAVE YOU DECIDED WHAT YOU'RE GOING TO DO

[00:40:01]

WITH THE STRUCTURE? >> MS. JOHNSON: SINCE THE FIRE, NOTHING IS REALLY SALVAGEABLE. BEFORE, I THINK, THEY SAID, LIKE, RENOVATION PERMIT OF ALL AROUND, SOME TYPE OF RENOVAION PERMIT, BUT NOW, LIKE, I'M THINKING JUST TO DEMOLISH IT, BECAUSE IT WOULD BE LIKE A FULL RENOVATION, BECAUSE THE FIRE WAS PRETTY SIGNIFICANT.

>> MAGISTRATE: IT LOOKS LIKE THAT FROM THE PHOTOGRAPHS THAT WERE ADMITTED INTO EVIDENCE. YOU HEARD THE CITY'S RECOMMENDATIONS. WHAT

DO YOU INTEND TO DO WITH THIS PROPERTY? >> WELL, INITIALLY, THE PROPERTY, I WAS, YOU KNOW, INITIALLY I WAS GOING TO RESTORE IT, FIX IT UP, BUT AT THIS POINT, I THINK JUST TO TEAR IT DOWN. AND IF I WAS TO FIX IT UP LATER DOWN THE LINE, JUST FROM GROUND UP, IT'S AN OLD PROPERTY. I THINK AT THIS POINT, WITH THE STRUCTURAL DAMAGE, JUST TO DEMOLISH IT AND SEE IF I CAN GET THE FINES, YOU KNOW, IF NOT ERADICATED, BUT AT LEAST REDUCED SIGNIFICANTLY SO I CAN JUST PAY THE FINES AND THEN GET A PERMIT, CLEAN IT UP AND JUST HAVE, YOU KNOW, LIKE THAT, BECAUSE ... IT WOULD BE COSTLY AND NOT IN MY BUDGET FOR THE AMOUNT OF -- TO GET IT FIXED, BECAUSE IT WOULD BE LIKE STARTING FROM SCRATCH. I MEAN, EVERYTHING THAT I'VE PUT INTO IT AND BOUGHT AND JUST EVERYTHING WOULD JUST BE LITERALLY STARTING OVER.

>> MAGISTRATE: OKAY. ANYTHING FURTHER? >> MS. JOHNSON: NO,

THAT'S IT. >> MAGISTRATE: I DO REMEMBER THAT YOU HAVE BEEN BEFORE ME BEFORE PERTAINING TO THIS PARTICULAR HOUSE.

>> MS. JOHNSON: YES. >> MAGISTRATE: THIS STRUCTURE OR DUPLEXES, WHATEVER YOU CALL IT. WHATEVER YOU DECIDE TO DO WITH THE PROPERTY IS YOUR DECISION. MINE IS SIMPLY TO ENFORCE BUILDING AND CODE VIOLATIONS IN THIS PARTICULAR MATTER. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED WITH REGARD TO 429 NORTH 20TH STREET UNITS A AND B, I FIND THAT A VIOLATION EXISTS. YOU'LL BE GIVEN 60 DAYS TO OBTAIN A PERMIT, OBTAIN 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 IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $1,100 PER DAY BE ASSESSED. THAT ORDER, AGAIN, APPLIES TO UNITS A AND B AT 429 NORTH 20TH STREET. YOU HAVE 30 DAYS TO APPEAL. AND THAT'S ALL I'M GOING TO DO ON THIS CASE. I KNOW SHE HAS ANOTHER CASE PENDING. WE'LL ADDRESS THAT WHEN THEY COME FORWARD. THANK YOU.

NEXT CASE? >> I'M GUESSING WE'RE GOING TO CALL HER OTHER

CASE NOW? WE CAN DO THAT. >> CASE 6C -- 6B,

[B. 20-2307 429 N 20th St Unit A Johnson, Sharon Shaun Coss]

[C. 20-2308 429 N 20th St Unit B Johnson, Sharon Shaun Coss]

STREET, UNIT B. >> AND THESE ARE CASES 20-2307 AND 20--- SORRY,

[00:45:03]

THIS MATTER ORIGINALLY CAME BEFORE YOU APRIL 21ST, 2021 IS.

THERE IS A 90-DAY EXTENSION OF TIME RECORDED JULY 14TH, 2021. AND ON JANUARY 12TH, 2022, AN AFFIDAVIT OF NONCOMPLIANCE WAS RECORDED. ON APRIL 19TH, 2022, THIS MATTER CAME BACK BEFORE YOU AND THE RESPONDENT WAS GRANTED ONE YEAR TO OBTAIN PERMITS TO MAKE REPAIRS. AS YOU HEARD IN THE PREVIOUS CASE, SINCE THAT TIME, THERE IS A FIRE, UNFORTUNATELY, AT THE PROPERTY, WHICH HAS CAUSED FURTHER DELAYS TO BRINGING THIS CASE INTO COMPLIANCE. THIS MATTER IS COMING BACK FOR YOU AS A FOLLOW-UP TO THE EXTENSION THAT WAS GRANTED A YEAR AGO. STAFF'S RECOMMENDATION AT THIS POINT TO RESTART THE FINES AND IMPOSE A LIEN. THERE ARE THREE CRITERIA TO CONSIDER FOR THIS CASE. ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION IS MODERATE. TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATER TO CORRECT THE VIOLATIONS. THE OWNER OBTAINED A CONTRACTOR TO DO THE RENOVATION WORK. THE CONTRACTOR STARTED WORKING WITHOUT A PERMIT. NEVER RETURNED TO OBTAIN A PERMITS OR COMPLETE TE WORK. THE OWNER BTAINED A SECOND CONTRACTOR STARTING WORK, BUT THEN A FIRE OCCURRED IN DECEMBER 2022. NUMBER 3, THE NUMBER OF TIMES THE VIOLATER WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD SPECIAL MAGISTRATE OR THEIR QUASI-JUDICIAL OR JUDICIAL PROCESS OR OTHERWISE ADMITTED GUILT IN ANY PROCEEDING WAS

ONE PREVIOUS TIME. >> MAGISTRATE: ANYTHING FURTHER, MR. COSS?

>> MR. COSS: NOT AT THIS TIME, THANK YOU. >> MAGISTRATE: ALL

RIGHT, MS. JOHNSON, HOW DO YOU REPLY TO THAT? >> MS. JOHNSON: I GUESS THE MAIN REASON OF THE HEARING IS RIGHT NOW THE FINES IS ALMOST JUST AS MUCH AS THE LOAN THAT I TOOK OUT TO BUY THE PROPERTY. I'M REQUESTING OR ASKING FOG A SIGNIFICANT REDUCTION. I KNOW I WAS TOLD THAT THE FINES CAN'T BE ELIMINATED, BUT IF I CAN GET IT SIGNIFICANTLY REDUCED, YOU KNOW, OTHERWISE I'M GOING TO BE IN A CANAL WITH THESE NINES, BASICALLY. -- FINES, BASICALLY. IT'S ALMOST 10,000. I THINK THE BEST THING TO DO FINANCIALLY AT THIS POINT IS TO GET THE FINES REDUCED AND PAY THOSE AND STOP BY THE OFFICE AND GET A PERMIT TO JUST HAVE THE PROPERTY DEMOLISHED AT THIS POINT.

>> SPECIAL MAGISTRATE, THE ISSUE IS SHE'S NOT IN COMPLIANCE, SO AS THE SPECIAL MAGISTRATE IS AWARE AND SO MS. JOHNSON KNOWS, ONCE SHE BRINGS THE PROPERTY INTO COMPLIANCE, SHE'LL ALSO HAVE A CHANCE TO COME BACK IN IF THE LIEN IS IMPOSED TO REDUCE THE LIEN ONCE THE PROPERTY IS IN COMPLIANCE. SO THE THE CITY'S REQUEST AT THIS POINT IS TO IMPOSE THE LIEN, REINSTATE THE FINES AS ORDERED, AND THEN ONCE SHE BRINGS THE PROPERTY INTO COMPLIANCE, SHE'D BE ABLE TO BRING IT BACK

FOR A LIEN REDUCTION. >> MAGISTRATE: DO YOU UNDERSTAND THAT,

MS. JOHNSON? >> MS. JOHNSON: I THINK SO. BASICALLY, APPLY FOR A PERMIT AND HAVE THE PROPERTY, ONCE I GET IT DEMOLISHED AND GET A PERMIT AND COME BACK BEFORE THE COURT, THEN I CAN GET IT REDUCED.

YEAH. >> IT WOULD BE THE SAME PROCESS. YOU CAN APPLY TO HAVE THE LIEN REDUCED, SAME KIND OF HEARING. THE SPECIAL MAGISTRATE HAS CRITERIA TO CONSIDER. AND YOU CAN ALSO SPEAK WITH MR. COSS AND SEE IF YOU ALL CAN AGREE TO A LOWER DEPARTMENT ONCE IT'S IN

COMPLIANCE. MR. COSS. >> MS. JOHNSON: OKAY. >> MAGISTRATE:

MS. JOHNSON, YOU LIVE IN WEST PALM. CORRECT? >> MS. JOHNSON: YES.

[00:50:02]

>> MAGISTRATE: DID YOU HAVE ANYBODY OVERSEEING THIS PROPERTY FOR YOU

HERE LOCALLY? IN A YES OR NO ANSWER. >> MS. JOHNSON: IT THE ONE POINT IN TIME I DID. AND THEN THE PERSON JUST KIND OT RELIABLE. BUT RIGHT NOW, I DO HAVE SOMEONE OVERSEEING THE PROPERTY RIGHT NOW, BECAUSE I ASKED -- I KIND OF WAITED TO KIND OF LIKE SEE WHAT WOULD BE, YOU KNOW, TO THE COURT DATE BEFORE I PROCEEDED WITH ANYTHING ELSE, BECAUSE I SPOKE WITH SOMEONE LIKE A MONTH AGO AND I STOPPED IN THE OFFICE, SO I JUST KIND OF LIKE DIDN'T DO ANYTHING JUST TO SEE WHAT WAS MY OPTIONS IN COURT. AND I ASKED, LIKE, BY THE PROPERTY BEING BOARDED-UP, WOULD IT BE OKAY, WOULD THE FINES BE STOPPED AND JUST WOULD THAT BE SUFFICIENT BY IT BEING BOARDED-UP AND VACANT FOR NOW? AND THEY SAID THE LIKELINESS OF THE JUDGE APPROVING THAT WOULD BE KIND OF UNLIKELY. SO I JUST KIND OF LIKE WAITED UNTIL MY COURT APPEARANCE TO JUST SEE WHERE I'M AT. BUT YES, I DO HAVE SOMEONE CURRENTLY THAT I PAY AND MY UNCLE ALSO WORKS FOR THE CITY, SO HE'S STAYING ON TOP OF IT AND I ALSO HAVE SOMEONE TO KEEP THE UPKEEP OF THE PROPERTY, KEEP IT CLEAN UNTIL I, YOU KNOW, FIGURE OUT WHAT I WAS GOING TO DO WITH IT, WHICH AT THIS POINT I THINK THE BEST DECISION

WOULD BE TO DEMOLISH IT. >> MAGISTRATE: I WANT YOU TO THINK ABOUT SOMETHING. THIS CASE WAS INITIATED OCTOBER 8TH, 2020. THIS IS NOW APRIL 2023. I JUST WANT YOU TO THINK ABOUT ONE QUESTION I'M GOING TO ASK YOU. HAS IT PROFITED YOU ANYTHING TO OWN THIS PROPERTY? YOU DON'T HAVE TO ANSWER THAT. BUT I DO WANTED YOU TO THINK ABOUT IT AND WHAT IT HAS COST YOU. JUST THINK ABOUT IT. ANYTHING FURTHER? I HAVE NO CHOICE BUT TO -- NUMBER ONE, I FEEL BAD ABOUT THE FIRE. BUT IF YOU'RE GOING TO HAVE PROPERTY, PARTICULARLY RENTAL PROPERTY, YOU GOT TO HAVE SOMEBODY TO SUPERVISE AND OVERSEE THAT PROPERTY. YOU JUST HAVE TO. YOU HAD SQUATTERS IN THE PROPERTY. AND FROM THE PHOTOS WITH THE FIRE, IT LOOKED LIKE THEY HAD MOVED IN A LONG TIME.

SO JUST THINK ABOUT THAT. I HAVE NO CHOICE BUT TO RESTART THE FINES . YOU NEED TO DO WHAT YOU NEED TO DO TO GET THIS SETTLED, GET WITH SOMEBODY WHO CAN EXPLAIN THINGS TO YOU, BECAUSE IT JUST LOOKS LIKE IT'S COSTING YOU A LOT OF MONEY. AND THE QUESTION IS, I'M A MOTHER AND A GRANDMOTHER, THE QUESTION ST WORTH IT? YOU HAVE TO DECIDE THAT. AND I KNOW THE CITY WILL WORK WITH YOU.

OKAY? ASIDE FROM RESTARTING THE FINE, IS THERE ANYTHING ELSE I

NEED TO DO, MR. COSS? >> MR. COSS: STAFF'S RECOMMENDATION WAS TO

ALSO IMPOSE A LIEN AT THIS TIME. >> MAGISTRATE: IF I IMPOSE A LIEN, WE'VE STILL GOT FINES THAT ARE PROBABLY GOING TO

ACCRUE. >> MR. COSS: YES, MA'AM.

>> MAGISTRATE: WILL THAT BE ADDED TO THE LIEN?

>> YES. THEY ACCRUE AS THE LIEN IS IN EXISTENCE. AND WITH RESTARTING THE FINES, THEY'RE GOING TO ACCRUE THE SAME EITHER WAY.

YES, MA'AM. >> MAGISTRATE: THAT'S WHY I SAY I HAVE NO CHOICE HERE. I HAVE NO CHOICE. GET WITH SOMEBODY. YOU'LL HAVE AN OPPORTUNITY TO COME BACK AND ASK FOR WHATEVER IT IS YOU THINK YOU SHOULD ASK FOR, BUT IS IT WORTH IT? ANY QUESTIONS?

>> MS. JOHNSON: NO. >> MAGISTRATE: ALL RIGHT. THE CITY WILL WORK WITH YOU. I'VE DONE THIS LONG ENOUGH I'M WORKED WITH MOST OF

[00:55:03]

AS A MATTER OF FACT, NOW PEOPLE ARE AT THE BORDERS TRYING TO GET INTO HERE TO TAKE RESIDENCE. SO JUST BE AWARE OF THAT. ALL RIGHT? STAY IN TOUCH WITH THE CITY A LITTLE BIT. DO YOU HAVE

ANYTHING TO ADD? >> WAS THE LIEN IMPOSED? >> MAGISTRATE: I REINSTATE THE FINE, IMPOSED THE LIEN, YES, I'M SORRY. ALL RIGHT.

GOOD LUCK. NEXT CASE WHEN YOU'RE READY, MADAM CLERK.

[A. 20-2194 422 N 16th Street Jones, Latoya & Wilson, Gracie Shaun Coss]

>> OKAY. THE NEXT CASE IS CASE 6A20-2194, 422 NORTH 16TH STREET,

LATOYA JONES AND GRACIE WILSON ARE THE OWNERS. >> THIS IS CASE 20-2194 FOR 422 NORTH 16TH STREET. THE PROPERTY IS OPENED BY LATOYA JONES AND GRACIE WILSON, 422 NORTH 16TH STREET. THE VIOLATIONS AT THE PROPERTY WERE FLORIDA BUILDING CODE SECTION 105.1, PERMIT REQUIRED.

THIS MATTER CAME BEFORE YOU APRIL 21ST, 2021 # ONE, AND THERE IS AN ORDER DETERMINING VIOLATION ENTERED. ON JUNE 17TH, 2021, THERE IS A NOTICE OF EXTENSION THAT WAS GRANTED AND RECORDED. ON SEPTEMBER 30TH, 2021, THERE WAS AN AFFIDAVIT OF NONCOMPLIANCE STARTING THE FINES. AND THOSE FINES ACCRUED SEPTEMBER 28TH, 2021, THROUGH FEBRUARY 15 #, 2022. ON MARCH 9TH, 2023, THERE WAS AN AFFIDAVIT OF NONCOMPLIANCE RECORDED AGAIN. WHEN THE FINES WERE REINSTATED. AND ON APRIL 10, 2023, THERE WAS AN AFFIDAVIT OF COMPLIANCE RECORDED STOPPING THE FINES. THE TOTAL AMOUNT OF THE FINES ARE $17,260 WITH $60 IN RECORDING FEES. THERE ARE THREE CRITERIA TO CONSIDER IN THE REDUCTION OF THIS FINE. ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION WAS MINIMAL. TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATER TO CORRECT THE VIOLATIONS. AND THE PERMITS TO COMPLY WITH THE VIOLATION WAS COMPLIED AND THE SUBMISSION OF AN ENGINEER'S LETTER WAS APPROVED ON APRIL 10TH, 2023. THREE, THE NUMBER OF TIMES THE VIOLATER WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD, SPECIAL MAGISTRATE, OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS OR OTHERWISE ADMITTED GUILT IN ANY SUCH PROCEEDINGS HAS BEEN ZERO PREVIOUS TIMES. STAFF HAS TO REDUCE THE AMOUNT OF FINES BELOW THE ADMINISTRATIVE COST DUE TO SOME COMMUNICATION ISSUES BETWEEN THE RESPONDENT AND STAFF. STAFF'S RECOMMENDATION IS TO REDUCE THE FINALS TO $500, WHICH WOULD INCLUDE THE

ADMINISTRATIVE FEES. >> MAGISTRATE: THANK YOU.

>> ALL RIGHT. I WANT TO MAKE SURE I UNDERSTAND YOU, MR. COSS. THE

1500, ROUGHLY, IS IN ADDITION TO THE 500? >> NO.

>> OR 500 TOTAL? >> 500 TOTAL. >> MAGISTRATE: THANK

YOU. AND YOUR NAME? >> LATOYA JONES. >> MAGISTRATE: AND HOW DO YOU RESPOND TO MR. COSS' RECOMMENDATIONS?

>> MS. JONES: I AGREE. >> MAGISTRATE: ALL RIGHT. THANK YOU. NOW,

HOW MUCH TIME DO YOU NEED TO PAY THIS? >> MS. JONES: 30 DAYS.

AND THE FINE IS JUST 500? >> MR. COSS: YES.

>> MAGISTRATE: OKAY. SO BASED ON THE STIPULATION BETWEEN THE PARTIES, I WILL REDUCE THE FINE TO $500, PAYABLE WITHIN 30 DAYS OF THE DATE OF THE SIGNING OF THE ORDER. NOW, IS THIS THE ONE IF

[01:00:07]

THEY DON'T PAY, THEY REVERT BACK? >> MR. COSS: YES,

MA'AM. >> MAGISTRATE: DO YOU UNDERSTAND THAT? IF YOU DON'T PAY WITHIN 30 DAYS, IT WILL REVERT BACK.

>> MS. JONES: I'LL MAKE SURE I PAY IT. DO I COME TO THE BUILDING

DEPARTMENT TO PAY IT? >> YOU WAIT FOR THE ORDER, TO RECEIVE THE ORDER, AND I CAN EVEN E-MAIL IT TO YOU. AND THEN YOU CAN COME TO THE

BUILDING DEPARTMENT AND PAY. >> MS. JONES: OKAY.

>> MAGISTRATE: THANK YOU. >> I JUST WANT TO MAKE SURE. IS 30 DAYS ENOUGH? WE CAN GIVE YOU A LITTLE BIT MORE TIME.

>> MS. JONES: YOU CAN GIVE ME MORE TIME. >> 60? CAN YOU DO IT IN

60? >> MS. JONES: YES. >> MAGISTRATE: WE'LL CHANGE IT TO 60. MS. BECK WILL MAIL YOU THE ORDER.

[E. 22-1171 705 Revels Lane Apt B Hatfield, James Frank Remling]

>> MS. BECK: NEXT CASE IS 6E CASE TWO 2-1 171, 705 REPORT EVELS LANE,

APARTMENT B. JAMES HATFIELD IS THE OWNER. >> CASE 22-11671 FOR 705 REVELS LANE, APARTMENT B. THE CASE WAS INITIATED MARCH 30, AND OWNED BY JAMES HATFIELD OF PO BOX 4447 FORT PIERCE, FLORIDA, 34948.

THE VIOLATION AT THE PROPERTY WERE THE INTERNATIONAL PROPERTY MAINTENANCE CLOSE, 505.3, WATER SUPPLY. 50 6.1, GENERAL. 506.2, MAINTENANCE. 603.# #, MECHANICAL APPLIANCES AND 304.15, DOORS. THIS MATTER CAME BEFORE THE SPECIAL MAGISTRATE NOVEMBER 15, 2022, AND THERE WAS AN ORDER DETERMINING VIOLATION. IT WAS AN AFFIDAVIT OF NONCOMPLIANCE, STARTING THE FINES RECORDED FEBRUARY 16, 2023. AND AN AFFIDAVIT OF COMPLIANCE STOPPING THE FINES, COMPLYING WITH THE CASE MARCH 24TH, 2023. THE FINES ACCRUED TO THE AMOUNT OF $3,340, INCLUDING $40 IN RECORDING FEES. THERE ARE THREE CRITERIA TO CONSIDER FOR THE REDUCTION OF THE FINES. ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION. IT'S MODERATE. TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATER TO CORRECT THE VIOLATIONS. AND THIS CASE WAS COMPLIANT MARCH 24TH, A FINE DID ACCRUE. NUMBER 3, THEF TIMES THE VIOLATER WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD SPECIAL MAGISTRATE OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS OR OTHERWISE ADMITTED GUILT IN ANY SUCH PROCEEDINGS WAS 19 PREVIOUS TIMES.

>> MAGISTRATE: HOW MANY? >> 19. STAFF CALCULATED THE ADMINISTRATIVE COST IN THIS CASE TO BE $1,303.65. IT IS STAFF'S RECOMMENDATION TO REDUCE THE FINES TO THE FUL COST OF ADMINISTRATIVE FEES OF $1,300 -- I'M SORRY. $1,303.65.

>> MAGISTRATE: NIPPING FURTHER? >> MR. COSS: NOT AT

THIS TIME. THANK YOU. >> MAGISTRATE: GOOD MORNING. HOW DO YOU

RESPOND TO THE REQUEST? >> WE WOULD BE GRATEFUL. MR. HATFIELD IS VERY GRATEFUL THAT YOU GUYS ARE WORKING WITH US ON ALL THESE CASES THAT HAVE HAPPENED UNTIL HE GOT THE RIGHT PEOPLE IN PLACE TO MAKE SURE

THINGS ARE TAKEN CARE OF AND GET BACK ON TRACK. >> MAGISTRATE: OKAY.

>> AND WE KNOW WHO YOU ARE. JUST FOR RECORD PURPOSES, TELL US YOUR

NAME. >> JENNIFER HALSTON, GENERAL MANAGER.

>> MAGISTRATE: OKAY. HOW MUCH TIME DO YOU GUYS NEED TO PAY THIS?

>> WE'LL PAY IT AS SOON AS WE GET THE ORDER FROM ELIZABETH. THAT'S NO PROBLEM. WE'RE TRYING TO MAKE SURE EVERYTHING IS TAKEN CARE OF.

>> MAGISTRATE: OKAY. >> SO WE COULD PUT 15 DAYS ON IT.

>> MAGISTRATE: I WAS THINKING THE SAME THING. THANK YOU.

>> YES, MA'AM. >> MAGISTRATE: BASED ON THE STIPULATION BETWEEN THE PARTIES, I WILL REDUCE THE AMOUNT HERE TO $1,303.65, AND THAT WILL BE PAYABLE WITHIN 15 DAYS OF THE SIGNING OF THE ORDER. THANK

YOU. >> YES, MA'AM. THANK YOU SO MUCH. THANK YOU

ALL FOR WORKING WITH US. >> WE WOULD ASK FOR A REVERSION ON THAT ONE AS

WELL, SPECIAL MAGISTRATE. >> MAGISTRATE: YES. IF YOU FAIL TO PAY WITHIN THAT PERIOD OF TIME, IT WILL REVERT BACK TO THE

[01:05:04]

QUESTION AMOUNT. >> THANK YOU. >> MAGISTRATE: YOU'RE

[F. 22-2489 527 N 10th Street Unit B Seamons, Jacob A Shaun Coss]

WELCOME. >> THE NEXT CASE IS 6F, CASE 22-2489, 527 NORTH TENTH STREET, UNIT B, JACOB A SEAMONS IS THE OWNER.

>> MR. COSS: THIS IS CASE 22-2489 NO 527 NORTH TENTH STREET, UNIT B. THIS CASE WAS INITIATED AUGUST 18TH, 2022. AND IS OWNED BY JACOB SEAMONS OF 4854 NORTH SHADY BEND LANE, LEHIGH, UTAH, 84043.

THE VIOLATIONS AT THE PROPERTY ARE THE INTERNATIONAL PROPERTY MAINTENANCE CODE 305.3, INTERIOR SURFACES, AND 309.1, INFESTATION.

THIS MATTER CAME BEFORE YOU DECEMBER 20TH, 2022, AND THERE WAS AN ORDER DETERMINING VIOLATION RECORDED. THERE WAS AN AFFIDAVIT OF NONCOMPLIANCE RECORDED STARTING THE FINES FEBRUARY 23RD, 2023. AS OF TODAY, THE PROPERTY IS NOT IN COMPLIANCE TO STAFF'S KNOWLEDGE.

THERE ARE NO PERMITS. AND WE HAVE NOT RECEIVED ANY UPDATES FROM THE OWNER SINCE FEBRUARY, I BELIEVE. THERE ARE THREE CRITERIA TO CONSIDER FOR THIS MASSEY HEARING. ONE, THE GRAVITY OR SERIOUS SERIOUSNESS OF THE VIOLATION, MODERATE. IN AT THIS ACTIONS TAKEN TO CORRECT THE ACTIONS. THE THREE ITEMS THAT WERE SIGNED IN THE VIOLATION LETTER HAVE BEEN ADDRESSED. THE PROPERTY MANAGER IS TRYING TO ADDRESS THE TWO REMAINING ITEMS. NUMBER 3, THE NUMBER OF TIMES THE VIOLATER WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENTS BOARD SPECIAL MAGISTRATE OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS OR OTHERWISE ADMITTED GUILT IN ANY SUCH PROCEEDINGS IS ZERO. STAFF WOULD LIKE TO HEAR FROM THE RESPONDENT PRIOR TO

MAKING A RECOMMENDATION. >> MAGISTRATE: WOULD THE RECORD?

>> * SIR IN. >> YOUR HONOR, GLAD TO GOOD MORNING.

>> MAGISTRATE: WOULD YOU STATE YOUR NAME FOR THE RECORD?

>> YES. MY NAME IS PEDRO FERNANDEZ AND I'M THE PROPERTY MANAGER.

>> MAGISTRATE: THANK YOU. HOW DO YOU RESPOND?

>> YES, YOUR HONOR. FIRST OF ALL, I DO APOLOGIZE FOR NOT BEING ON THE HEARING BACK ON DECEMBER 20TH. AND THE REASON WHY WE DID NOT APPEAR TO THE HEARING IS BECAUSE THE OWNER, MR. JACOB SEAMONS, RECEIVED THE LETTER TO APPEA THE SAME DAY OF THE AUDIENCE. HE MAILED YOU A LETTER. HE MAILED A LETTER ADDRESSED TO YOU AND TO MS. BECK BACK ON DECEMBER 22ND. I SPOKE WITH MS. BECK AND APPARENTLY THAT LETTER WAS NOT DELIVERED BY THE POST-OFFICE. ANYWAY, MS. BECK DID NOT HAVE ANY KNOWLEDGE OF THAT LETTER. MR. SEAMONS REQUESTED ADDITIONAL TIME TO ADDRESS THE CODE VIOLATIONS, ESPECIALLY TO ADDRESS THE ISSUE WITH THE ROOF. THE PROPERTY HAD DAMAGE, ROOF DAMAGE CAUSED BY A STORM, AND THE PROPERTY WAS UNDER INSURANCE, AND THE INSURANCE COMPANY DID NOT WANT TO PAY FOR THE PROOF REPAIR. SO HE STARTED A TRIAL SUIT AGAINST THE INSURANCE COMPANY AND I HAVE COPIES OF THE LETTER FROM THE ATTORNEYS EXPLAINING WHAT PART OF THE TRIAL IS AND FINALLY, THE TRIAL WAS AWARDED TO MR. SEAMONS AND HE GOT NOW -- HE CAN NOW ADDRESS THE REPAIR OF THE ROOF. HE SIGNED A CONTRACT TO DO THE REPAIRS OF THE ROOF TWO DAYS AGO. I HAVE A COPY OF THE SIGNED CONTRACT. SO BASICALLY, WHAT WE REQUESTED, WHAT WE INTENDED TO REQUEST IS AN ADDITIONAL 120 DAYS TO COMPLY BECAUSE OF THE TIME WE'RE THINKING THAT WE NEED 120 DAYS EXTRA TO COMPLY WITH THE CODE VIOLATIONS. AND NOW WE'RE REQUESTING THE WAIVING OF THE FINES,

[01:10:01]

>> MAGISTRATE: ALL RIGHT. DID YOU DISCUSS THAT WITH EITHER

MR. COSS OR MS. BECK? >> I DISCUSSED IT WITH MS. BECK.

>> MAGISTRATE: OKAY. >> AND I HAVE COPIES OF THE LETTERS THAT WAS NOT RECEIVED. I GAVE A COPY TO MS. BECK BEFORE. AND I HAVE COPIES OF ALL THE RECEIPTS FOR THE REPAIRS THAT HAVE NOT BEEN DONE ALREADY AND ALSO COPIES OF THE PEST CONTROL THAT HAS BEEN ALREADY PAID FOR. AND ALSO, A COPY OF THE SIGNED CONTRACT FOR THE ROOF REPAIR. THAT WAS SIGNED.

OBVIOUSLY HAS NOT BEEN STARTED. THEY HAVE NOT APPLIED FOR THE PERMIT OR ANYTHING YET. SO WE BASICALLY WANT TO REQUEST ADDITIONAL TIME TO COMPLY UNTIL THE PERMITTING IS DONE AND THE ROOF IS REPAIRED AND ALSO TO PLEASE WAIVE OUR FEES, BECAUSE OF THIS SITUATION.

>> MAGISTRATE: HAVE YOU DISCUSSED THAT WITH ANYBODY IN THE BUILDING

DEPARTMENT? >> I TALKED WITH MS. BECK AND I MADE HER AWARE OF THE SITUATION WITH THE INSURANCE COMPANY AND THIS MORNING I SHOWED MS. BECK THE RECEIPT FOR THE PEST CONTROL AND THE SIGNED CONTRACT FOR THE ROOF REPAIR, AND I HAVE COPIES OF THESE.

>> MAGISTRATE: OKAY. YOU CAN LET HIM SEE THEM. THAT WOULD BE

GREAT. >> THANK YOU, YOUR HONOR, FOR HAVING US AND

HEARING US. >> MAGISTRATE: THANK YOU. YOU'RE VERY PATIENT. IT'S KIND OF BEEN A LONG THING. THANK YOU.

>> SPECIAL MAGISTRATE, STAFF HAS REVIEWED THE DOCUMENTS. THERE IS A CONTRACT WITH NATIVE ROOFING SOLUTIONS. UNLESS THE RESPONDENT WANTS TO ADMIT THESE TO EVIDENCE, WE'LL RETURN THESE DOCUMENTS TO HIM.

STAFF'S RECOMMENDATION WOULD BE TO PROVIDE -- I'M SORRY, STOP THE FINES FOR A PERIOD OF 60 DAYS TO ALLOW THE APPLICANT TO OBTAIN A PERMIT FOR THE ROOF. ONCE THE PERMITS HAS BEEN ISSUED, YOU WOULD HAVE 180 DAYS TO COMPLETE THE ROOF. SO AS LONG AS THE ROOF IS COMPLETED WITHIN THAT TIME, AND THE PERMIT IS PROPERLY INSPECTED AND CLOSED, THE FINES WOULD NOT BE RESTARTED. IF YOU WEREN'T ABLE TO GET THE PERMIT WITHIN THE 60 DAYS, IF THE SPECIAL MAGISTRATE AGREES WITH THAT TIME, OR IF THE PERMIT WERE TO EXPIRE, THEN THE FINES WOULD RESTART AT THAT TIME. THIS APPLICATION WILL NEED TO BE REVIEWED BY THE PLANNING DEPARTMENT SINCE THIS PROPERTY IS WITHIN A HISTORIC DISTRICT. SO YOUR CONTRACTOR NEEDS TO BE AWARE THAT HE WILL NEED TO GET ON THE APPLICATION PROCESS SOONER THAN LATER.

>> MAGISTRATE: ANY QUESTIONS? >> YES. I'M SORRY. I'M HAVING HEARING DIFFICULTIES. SO YOU'RE GIVING US 30 DAYS TO

PULL THE PERMIT? >> 60. >> IS 60 DAYS TO PULL THE PERMIT? I THINK THEY'LL BE ABLE TO DO THAT IN THAT TIME. AND

THE FINES WILL BE REDUCED? >> THERE IS NO REDUCTION OF FINES TODAY. THE FINES CANNOT BE REDUCED UNTIL THIS CASE IS BROUGHT INTO COMPLIANCE. IT'S MY RECOMMENDATIONS TO THE SPECIAL MAGISTRATE TO STOP THE FINES FOR 60 DAYS TO ALLOW YOU TIME TO OBTAIN THE PERMIT. ONCE THE CASES IS COMPLIED, YOU CAN COME BACK BEFORE THE SPECIAL MAGISTRATE AND REQUEST A REDUCTION OF FINES.

>> PERFECT. THANK YOU VERY MUCH. >> AND THE OTHER THING THAT HE SAID, SIR, IS BECAUSE YOU'RE IN A HISTORIC DISTRICT, YOU'RE GOING TO HAVE TO CONTACT THE PLANNING DEPARTMENT, BECAUSE THERE ARE RULES RELATED TO WHAT YOU CAN DO WITH HISTORIC PROPERTIES. SO YOU NEED TO CONTACT THE PLANNING DEPARTMENT AS SOON AS POSSIBLE TO MAKE& SURE YOU DON'T HAVE ANY ISSUES WITH IT BEING HISTORIC AND ANY

[01:15:01]

>> OKAY. >> THAT MAKE SENSE? THERE'S A HISTORIC PRESERVATION BOARD THAT SOMETIMES HAS TO APPROVE WHAT YOU'RE DOING, SO YOU NEED TO CONTACT THEM TO SEE IF YOU NEED TO GO BEFORE THAT BOARD OR

NOT. >> OKAY. SO I CONTACT MS. BECK?

>> NO. THE PLANNING DEPARTMENT. >> THE WHAT?

>> THE PLANNING DEPARTMENT. >> THE PLANNING

DEPARTMENT? >> YES. >> SO WE HAVE TO CONTACT

THE PLANNING DEPARTMENT FOR THE ROOFING PERMIT? >> YOU HAVE TO CONTACT

THE BUILDING DEPARTMENT FOR THE BUILDING PERMIT. >> OKAY.

>> BUT BECAUSE YOU'RE IN A HISTORIC DISTRICT, YOU MAY ALSO HAVE TO GET

APPROVAL FROM THE PLANNING DEPARTMENT. >> OKAY.

>> SO YOU NEED TO CONTACT THEM AS WELL. >> OKAY. I IMAGINE THAT THE ROOFING COMPANY WILL DO THAT. RIGHT? OR DO WE HAVE TO DO IT?

>> YOU ARE ULTIMATELY RESPONSIBLE FOR IT AS THE PROPERTY OWNER.

WELL, YOU'RE THE MANAGER. THE OWNER IS ULTIMATELY THE ONE RESPONSIBLE FOR IT. SO THAT'S SOMETHING THAT YOU WOULD HAVE TO WORK OUT WITH YOUR CONTRACTOR TO SEE IF THEY ARE GOING TO DO THAT OR NOT ON

YOUR BEHALF. >> OKAY. >> BUT I CAN GIVE YOU

THE PHONE NUMBER TO THE PLANNING DEPARTMENT. >> OKAY.

>> MAGISTRATE: YOU HAVE A PEN? >> YES, I DO.

>> IT'S (772)467-3737. >> THIS IS THE PLANNING DEPARTMENT?

>> MAGISTRATE: ANYTHING FURTHER? >> NO, MA'AM.

>> MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I WILL STOP THE FINES. OKAY? AND THEN YOU FOLLOW THE INSTRUCTIONS THAT MR. COSS GAVE YOU AND GET WITH THE PLANNING BOARD, BECAUSE YOU'RE RIGH IN THE HISTORIC DISTRICT AND THEY WANT TO KEEP IT HISTORIC. WE DON'T WANT YOU TO START WORKING ON SOMETHING AND THEN HAVE

TO STOP. >> OKAY. >> MAGISTRATE: ALL

RIGHT. GOOD LUCK. >> THANK YOU, YOUR HONOR. IT WAS A

PLEASURE MEETING YOU. >> MAGISTRATE: THANK YOU. SAME HERE.

>> AND SPECIAL MAGISTRATE, THE REQUEST WAS FOR 60 DAYS. IS IT

FOR 60 DAYS? >> MAGISTRATE: ZERO SIX DAYS TO OBTAIN THE

PERMIT. YES. 60 DAYS TO GET THAT PERMIT. >> NEXT CASE IS CASE 7A,

[A. 20-1805 2512 Avenue E Martin, Tremayne Shaun Coss]

>> THIS IS CASE 20-1805 FOR 2512 AVENUE E, THE PROPERTY OWNED BY TREMAYNE MARTIN OF THE SAME ADDRESS. VIOLATIONS ARE FLORIDA BUILDING CODE 105.1, PERMIT REQUIRED. THIS MATTER CAME BEFORE YOU FEBRUARY 17TH, 2021, IN IT AN ORDER DETERMINING VIOLATION WAS ENTERED.

ON SEPTEMBER 1ST, 25021, THERE IS A 90-DAY EXTENSION OF TIME GRANTED FROM THE EXPIRATION OF THE ORDER DETERMINING VIOLATION.

ON SEPTEMBER 1ST, 2021, THERE WAS AN AFFIDAVIT OF NONCOMPLIANCES STARTING THE FINES. ON JANUARY 3RD, 2022, THERE WAS AN ORDER ASSESSING FINE AND IMPOSING A LIEN. ON FEBRUARY 9TH, 2023, THERE WAS AN AFFIDAVIT OF COMPLIANCE THAT WAS RECORDED, STOPPING THE FINES ONCE THE RESPONDENT REMOVED THE UNPERMITTED STRUCTURE. THE TOTAL AMOUNT OF THE FINES WERE $52,640. SEVEN CRITERIA TO CONSIDER IN THE REDUCTION OF THIS LIEN: ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION IS MINIMAL. TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATER TO CORRECT THE VIOLATION. AND THE STRUCTURE WAS REMOVED. THREE, THE LENGTH OF TIME NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WAS TWO YEARS SIX MONTHS. FOUR, THE NUMBER OF TIMES THE VIOLATER WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD SPECIAL MAGISTRATE OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS OR OTHERWISE ANY SUCH PROCEEDING WAS ONE PREVIOUS TIME. FIVE, THE NUMBER OF VIOLATION NOTICES THE VIOLATER HAS RECEIVED IN THE PAST, AS WELL AS THEIR NATURE AND FINAL DISPOSITION OF EACH NOTICE. AND THERE WERE TWO. THIS INDICATION CURRENTLY BEFORE THE SPECIAL MAGISTRATE. THE SECOND CASE, THE PERMITS WERE RECENTLY RENEWED IN ORDER TO GET NECESSARY AND FINAL INSPECTIONS. SIX, WHETHER TO WHAT EXTENT THERE ARE EXTENT OTHER WAITING FACTORS PREVENTING TIMELY COMPLIANCE SUCH AS UNAVOIDABLE PERSONAL HARDSHIP. SOME OF THE FINES OCCURRED WHILE THE OWNER WAS AWAY, HE COULD NOT ADDRESS THE

[01:20:01]

SEVEN, WHETHER AND TO WHAT EXTENT THERE ARE PENDING VIOLATION PROCEEDINGS ON THE SUBJECT PROPERTY OR ANY OTHER PROPERTY WITHIN THE CITY OWNED BY THE RESPONDENT, AND THERE IS ONE.

STAFF HAS CALCULATED THE ADMINISTRATIVE COSTS IN THIS CASE TO BE $2,310.75. STAFF'S RECOMMENDATION PURSUANT TO THE RULES OF PROCEDURE IN REGARD TO LIEN REDUCTIONS IS TO REDUCE THE AMOUNT OF THE LIEN TO $2,310.75, WHICH INCLUDES THE COST FOR THE APPLICATION FOR LIEN

REDUCTION. >> MAGISTRATE: OKAY. ALL RIGHT. STATE YOUR

NAME FOR THE RECORD. >> TREMAYNE LAMAR MARTIN.

>> MAGISTRATE: ALL RIGHT. WERE YOU PREVIOUSLY SWORN IN AT

THE BEGINNING OF THE HEARING? >> NO, MA'AM.

>> MAGISTRATE: WE'LL NEED TO SWEAR HIM IN, THEN.

>> COULD YOU RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE

TESTIMONY YOU'LL PROVIDE WILL BE THE TRUTH? >> YES, MA'AM.

>> THANK YOU. >> MAGISTRATE: ALL RIGHT. DID YOU HEAR -- YOU MAY PUT YOUR HAND DOWN. THE FINES FROM SEPTEMBER 1, 2021, UNTIL

FEBRUARY 9TH, 2022, TOTAL $52,640. >> TOO MUCH MONEY. 250

A DAY. $250 A DAY. >> MAGISTRATE: HOLD ON. WE'RE TRYING TO WORK WITH YOU. WERE YOU HERE BEFORE WE STARTED THE PROCEEDINGS WHEN I MADE

MY LITTLE SPEECH? >> NO. >> MAGISTRATE: OKAY.

>> BUT I -- >> MAGISTRATE: HOLD ON. WE'RE HERE TO HELP.

>> OKAY. >> MAGISTRATE: OKAY. THAT'S WHY YOU WERE ALLOWED, THE CITY ALLOWED YOU TO MAKE THIS REQUEST. OKAY?

>> YES, MA'AM. >> MAGISTRATE: NOW, THE CITY HAS OFFERED TO REDUCE IT FROM THE $52,640 TO SIMPLY THE COST THAT THEY INCURRED IN PRESENTING THE CASE, AND THAT WOULD BE $2,310.75. THAT'S THEIR COST. NOW, TYPICALLY, THAT IS SOMETHING THAT I TAKE GREAT CONSIDERATION

OF, AND WE SET UP A PAYMENT PLAN. >> YES, MA'AM.

>> MAGISTRATE: NOW, TELL ME YOUR RESPONSE. >> I DON'T FEEL LIKE I SHOULD HAVE TO PAY THAT, BECAUSE WHEN I BUILT THIS, IT WAS A PANDEMIC GOING ON. NOBODY COULD LEAVE THEIR YARD. NOBODY COULD LEAVE THEIR HOUSE. SO I BUILT THIS GAZEBO OR WHATNOT. I WENT TO GET A PERMIT FROM, LIKE, MULTIPLE PEOPLE. THEY WOULDN'T EVEN COME OUT BECAUSE OF THE PANDEMIC. THEY WOULDN'T EVEN COME OUT. THE ONE GUY THAT I PAID TO COME OUT, THEY WAS CHARGING ME $1,500 TO I GUESS GET AN ARCHITECT'S SIGNATURE OR WHATNOT. AND I HAD THIS BUILDING, I BUILT THIS THING I GUESS TWO YEARS AGO, THREE YEARS AGO. IT DONE BEEN THROUGH 5 HURRICANES, BUT THEM NOT GIVE ME A PERMIT. THEY WOULD NOT -- THEY WANTED ME TO TEAR IT DOWN, PAY THEM TO DRAW ME ANOTHER PICTURE, AND BUILD WHAT THEY DRAW, WHICH I DON'T SEE WHY, BECAUSE MY STRUCTURE STAYED UP THROUGH 5 HURRICANES. I HAD ALL THE STRAPS. I HAD EVERYTHING THAT YOU'RE SUPPOSED TO HAVE. I GOT A HOMEOWNER'S BUILDING PERMIT. I GOT A ROOF PERMIT. I GOT A FENCE PERMIT. I GOT A SOLAR POWER PERMIT. I DID EVERYTHING. THE ONLY REASON WHY I DIDN'T GET TO DO THIS IS BECAUSE I GOT INCARCERATED. YOU GET WHAT I'M SAYING? THAT'S WHY I COULDN'T FINISH. BUT AS SOON AS I GOT OUT, I TOOK THE STRUCTURE DOWN AND IT TOOK ME, LIKE, NINE GRAND TO BUILD THAT.

YOU GET WHAT I'M SAYING? NINE GRAND. AND THEY MADE ME KNOCK IT DOWN, BECAUSE THEY DIDN'T LIKE THE WAY I BUILT IT. AND I BUILT IT, IT WAS A GOOD STRUCTURE OR WHATNOT. AND THEY CHARGED ME $250 A DAY.

WHO CAN AFFORD THAT? NOBODY. NOBODY CAN AFFORD THAT. YOU GET WHAT I'M SAYING? AND RIGHT NOW I'M IN DEBT I CAN'T PAY 2,000. I CAN'T PAY 2300. THEY DENIED MY BUSINESS LOANS AND LINES OF CREDIT.

I'VE BEEN GETTING DENIED FOR EVERYTHING. THEY REJECTED MY TAX RETURN THREE TIMES IN A ROW BECAUSE OF THIS. GOT TO BE. YOU GET WHAT I'M

SAYING? >> MAGISTRATE: I DON'T THINK THEY --

>> I DON'T GOT NO MONEY TO PAY THEM. I DON'T HAVE THE MONEY.

>> MAGISTRATE: LET ME JUST SAY THIS TO YOU. >> THIS IS JUST ONE THE OTHER ONE, 94,000. YOU GET WHAT I'M SAYING? I NEVER EVEN MADE THAT

[01:25:06]

>> MAGISTRATE: DON'T CALL -- SIR, LET ME INTERRUPT YOU HERE.

PLEASE DON'T CALL YOURSELF THAT IN FRONT OF ME. HOLD ON. I LISTENED TO YOU. YOU LISTEN TO ME. OKAY. I UNDERSTAND YOUR FRUSTRATION. BUT IF YOU'RE GOING TO BUILD PRACTICALLY ANYTHING --

>> I GOT A HOMEOWNERS BUILDERS PERMIT. >> MAGISTRATE: SIR, NOW I'M TRYING TO WORK WITH YOU. STOP INTERRUPTING ME.&

>> ALL RIGHT. >> MAGISTRATE: I LET YOU TALK. NOW YOU LET ME TALK. OKAY? YOU'RE NOT THE FIRST PERSON WHO HAS COME IN HERE AND DISCOVERED THAT YOU NEEDED A BUILDING PERMIT FOR AN EXISTING

STRUCTURE THAT YOU BUILT. >> NO --

>> MAGISTRATE: YOU'RE NOT THE FIRST. AND LISTEN, THE CITY IS NOT TRYING TO ALIENATE YOU AND MAKE YOU THE ONLY PARTY THAT HAS TO LIVE OKAY? NOW, IT APPEARS THAT YOU'VE DONE A LOT OF GOOD THINGS IN YOUR LIFE, ESPECIALLY WITH YOUR PROPERTY, BUT -- DO YOU KNOW YOU HAVE TO HAVE A PERMIT TO PUT IN AN AIR CONDITIONING UNIT? THAT'S SO THE BUILDINGS ARE SAFE. YOU HAVE TO HAVE A PERMIT FOR ALMOST ANYTHING YOU DO TO A HOUSE, ESPECIALLY IF IT HAS AN ELECTRICAL COMPONENT.

>> I UNDERSTAND THAT. >> MAGISTRATE: OKAY. SO BECAUSE YOU DIDN'T KNOW THAT WHEN YOU CONSTRUCTED THE EVENTUALLY TORE DOWN, UNFORTUNATELY, YOUR FINES AMASSED $52,640. THAT IS A LOT OF MONEY.

THE CITY SAID LOOK, WE'LL REDUCE THIS TO JUST WHAT IT COSTS US TO KEEP TRACK OF THIS AND PREPARE THE BUILDING, $2,310.75.

>> I CAN'T AFFORD IT. >> MAGISTRATE: OKAY. LET ME ASK YOU THIS.

CAN YOU DO A PAYMENT PLAN? >> I HAVE TO.

>> MAGISTRATE: WELL, MOST OF US HAVE PAYMENT PLANS. YOU MAKE

PAYMENTS ON YOUR CAR, YOUR HOUSE. >> I KNOW, BUT --

>> MAGISTRATE: CREDIT CARDS. >> CAN I SAY ONE THING?

>> MAGISTRATE: IF YOU LET ME FINISH, YOU CAN REBUT WHATEVER I'M SAYING. I UNDERSTAND THAT. THEY'RE OFFERING $2,375. IT'S NOT LIKE YOU'VE GOT TO PAY $500 A MONTH. THEY'LL WORK WITH YOU. AND YOU SEEM TO BE PRETTY RESPONSIBLE. NOW, I'M LISTENING TO YOU.

>> ALL RIGHT. MY PROPERTY AIN'T PAID FOR. LIKE I DIDN'T GET NO

LOANS. I DON'T GET NO TYPE OF HELP AT ALL. >> MAGISTRATE: LISTEN, LET ME TELL YOU SOMETHING. MOST OF US IN HERE DON'T GET ANY

HELP. WE WORK. >> I KNOW, BUT Y'ALL CAN GO GET A LOAN FROM A

BANK. >> MAGISTRATE: OKAY. SON, SON, THE CITY IS, IN IT EFFECT, ACTING AS A BANK TO SAY WE'LL REDUCE THIS AND TELL US

WHAT YOU CAN PAY PER MONTH ON IT. >> $30, $40, I GUESS.

>> MAGISTRATE: I THINK YOU CAN DO BETTER THAN THAT, BECAUSE HERE'S THE

DEAL. >> GO AHEAD. >> MAGISTRATE: THEY'RE WILLING TO REDUCE IT TO $2,310.75, FOR THE 15TH TIME. THEY ARE AMENABLE TO ACCEPTING PAYMENTS. NOW, SO FAR YOU'VE DONE PRETTY GOOD, BUT MOST OF THE THINGS YOU'VE TOLD ME HERE THIS MORNING, WE'RE NOT TRYING TO, YOU KNOW, PUT YOU IN DEBT. WE'RE TRYING TO TAKE YOU OUT OF DEBT. THEY'RE

ONLY ASKING FOR ADMINISTRATIVE COSTS. >> I GOT ANOTHER FINE

FOR -- >> MAGISTRATE: OKAY. LET'S DEAL WITH THIS ONE. LET'S TAKE ONE AT A TIME. OKAY? HAVE YOU CONSIDERED THAT AMOUNT

AND WHAT YOU COULD PAY PER MONTH ON THAT? >> I GUESS $100 A MONTH.

>> MAGISTRATE: HOLD ON. WE'RE NOT HERE TO FRUSTRATE YOU. I WISH WE HAD A LOT MORE PEOPLE LIKE YOU TRYING TO BUILD UP HOUSES AND CLEAN UP THE PLACE. BUT THERE ARE RULES THAT ALL OF US HAVE TO ABIDE BY. AND SO FAR, YOU'VE DONE PRETTY GOOD. IS THE CITY AMENABLE TO $100

PER MONTH IN LIGHT OF HIS FINANCIAL HARDSHIP? >> THAT WOULD BE FINE,

[01:30:05]

>> MAGISTRATE: SO YOU'VE GOT TWO YEARS TO PAY IT. YOU CAN PAY $100 A MONTH. NOW, DO YOU ACCEPT OR YOU REJECT THAT?

>> I ACCEPT IT. >> MAGISTRATE: OKAY. NOW, YOU ALL HAVE TO

TELL ME SOMETHING. >> I GOT ANOTHER ONE FOR 94.

>> MAGISTRATE: WE'LL DEAL WITH THAT. OKAY? WE'RE NOT TRYING TO KILL YOU HERE. AND THIS HAS BEEN A HARD LESSON FOR YOU TO LEARN. BEFORE YOU TOUCH THOSE HAMMERS AND NAILS TO CONSTRUCT SOMETHING, YOU'VE GOT TO MAKE APPLICATION WITH THE CITY TO GET THE BUILDING APPROVED.

>> I DIDN'T KNOW NONE OF THIS. >> MAGISTRATE: LISTEN, I DIDN'T KNOW IT EITHER. OKAY? UNTIL I STARTED THIS JOB. MANY YEARS AGO, AND I DON'T KNOW IF YOU WERE ALIVE AT THE TIME, BUT THERE IS A HURRICANE THAT CAME THROUGH SOUTH FLORIDA AROUND THE DADE COUNTY AREA. WAS THAT ANDREW? AND ANDREW DESTROYED SEVERAL CITIES IN THAT

AREA. >> I WAS AROUND. >> MAGISTRATE: YOU KNOW WHY IT DESTROYED THOSE STRUCTURES? THEY WERE POORLY BUILT, BECAUSE NOBODY REALLY WATCHED OVER WHAT PEOPLE WERE DOING. AND SO THOSE PEOPLE LOST ALL THEIR HOUSES. AND THE * IT WAS SAID, WE CANNOT LET THIS HAPPEN AGAIN. SO THEY STRENGTHENED THE BUILDING CODES. AND THAT'S WHY YOU HAVE THE REGULATIONS YOU DO TODAY. YOU DON'T WANT TO SIGH ANOTHER INCIDENT -- SEER INCIDENTS LIKE ANDREW, A HURRICANE COME THROUGH HERE, AND WIPE-OUT THE HOUSES. LOOK AT WHAT HAPPENED IN RECENT MONTHS? CAME THROUGH AND WIPED OUT ALL OF THOSE HOUSES SETTING RIGHT ON THE WATER. RIGHT ON THE WATER. AND THE HURRICANE FLUSHED THEM OUT TO SEA. THAT'S WHAT WE DON'T WANT TO HAPPEN HERE. NOW, THIS IS APRIL. WE'RE GOING INTO MAY. WHEN CAN YOU MAKE YOUR FIRST $100

PAYMENT. >> TODAY. >> MAGISTRATE: WELL, HOLD ON TO YOUR $100 UNTIL YOU GET AN ORDER FROM US SIGNED BY ME.

OKAY? NOW, TELL ME WHAT YOU WANT TO TELL ME. >> THAT'S IT.

>> MAGISTRATE: YOU HAVE CHILDREN? WELL, YOU'RE LUCKY. YOU DON'T SPEND A LOT OF MONEY. CHILDREN EAT UP A PAYCHECK. TAKE IT FROM ME. LISTEN, WHAT YOU'VE DONE HAS BEEN A VERY GOOD THING. JUST FROM NOW ON, AGAIN, BEFORE YOU START WITH THE HAMMER AND THE NAILS, CALL SOMEBODY AND ASK THEM, DO YOU NEED A PERMIT? ALL RIGHT. SO BASED ON THE EVIDENCE AND TESTIMONY PRESENTED AND THE STIPULATION BETWEEN THE PARTIES, I WILL REDUCE THIS IS IT A LIEN?

>> YES, MA'AM. >> MAGISTRATE: I'LL REDUCE IT TO $2,310.75.

YOU HAVE 24 MONTHS TO PAY. YOUR FIRST PAYMENT WILL BE DUE -- CAN YOU START MAY 1ST OR DO YOU WANT MAY 18? THAT WOULD BE 30 DAYS FROM TODAY.

MAY 18TH. ALL RIGHT. AND IT WILL BE DUE THE 18TH OF EACH MONTH

THEREAFTER. >> ALL RIGHT. >> MAGISTRATE: IF YOU RUN INTO PROBLEMS, LET SOMEBODY KNOW, BECAUSE IF YOU DON'T, IF YOU

DON'T PAY IT, IT GOES BACK UP TO, WHAT? >> 52,000.

>> MAGISTRATE: OKAY. ANY QUESTIONS? >> AND SPECIAL MAGISTRATE, SPEAKING WITH MR. COSS, WE ARE ASKING THAT THE REVERSION APPLY IF HE MISSES ONE OF THE $100 A MONTH PAYMENTS.

>> YOU HEAR THAT? YOU CAN'T MISS A PAYMENT. YOU ONLY GOT, BASICALLY,

LOOKING AT 24 MONTHS. >> AND JUST SO HE'S AWARE --

>> FOR THIS ONE. >> MAGISTRATE: I TOLD YOU, WE'LL GET TO THE

OTHER ONE. OKAY? >> IF HE WANTS TO PAY IT OFF EARLIER, THE CITY WILL ABSOLUTELY PAY IT OFF EARLIER IF YOU ARE ABLE TO DO THAT.

>> MAGISTRATE: OKAY? NOW, DO YOU FEEL A LITTLE BIT BETTER?

>> YES. >> MAGISTRATE: WE'RE HERE TO HELP, NOT HURT.

THANK YOU. YOU'LL GET AN ORDER FROM MS. BECK WITHIN THE NEXT WEEK OR

TWO. GOOD LUCK. >> THANK YOU. >> MAGISTRATE: YOU'RE

WELCOME. >> NEXT CASE IS 5D, CASE 22-3334, 5100 OKEECHOBEE

[D. 22-3334 5100 Okeechobee Road Walmart Stores East LP Logan Winn]

ROAD, WAL-MART STORES EAST LP IS THE OWNER. >> MAGISTRATE: WHEN

[01:35:12]

YOU'RE READY. >> 22-3334, 5100 OKEECHOBEE ROAD. CASE WAS INITIATED DECEMBER 8, 2020. OWNER WAS WAL-MART STORES EAST LP, PRUDENT PROPERTY TAX DEPARTMENT PO BOX 8050, MISSISSIPPI 05555, STORE NUMBER 973, BENTONVILLE, ARKANSAS, 72716. VIOLATION FBC105.12020, PERMITS REQUIRED. CORRECTIVE ACTION, OBTAIN A PERMIT FOR THE ROAD PAVING AND PAVING OF THE STORE'S FIRE LANE THAT WAS DONE WITHOUT A PERSONAL. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, BE GIVEN 60 DAYS TO OBJECT TYPE A PERMIT, GET ALL REQUIRED INSPECTIONS EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED.

COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL VIOLATIONS DESCRIBED IN THE ORDER, NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED. THE PERMIT WAS APPLIED FOR ON 4-1 1-23.

MISSING INFORMATION IN THE CONTRACTOR WAS NOT REGISTERED. THIS IS

THE OTHER HALF OF THAT CASE FROM MCNEIL ROAD. >> MAGISTRATE: YES.

>> I DO HAVE A SET OF PICTURES OF THIS PROPERTY, ALSO.

>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT? AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE

EXHIBIT ONE THE PHOTOGRAPHS. >> MAGISTRATE: IT WILL

BE ADMIT AS SUCH. >> ANYTHING FURTHER, MR. WINN?

>> NO, MA'AM. >> MAGISTRATE: ALL RIGHT. FOR THE RECORD, I FIND THAT WAL-MART IS NOT HERE. NEITHER IS THEIR REPRESENTATIVE ON THEIR BEHALF. HOWEVER, BASED ON THE EVIDENCE AND TESTIMONY, I FIND THAT A VIOLATION EXISTS AND THEY ARE ONE OF THE PARTIES RESPONSIBLE FOR THE VIOLATION. THIS IS THE SISTER CASE WHERE THE PERMIT WAS APPLIED FOR AND DIDN'T GET APPROVAL AND WE'VE HEARD NOTHING ELSE FROM THEM?

>> CORRECTS. >> ALL RIGHT. THEN I DO FIND THAT THE VIOLATION EXISTS, FAILURE OF THEM TO OBTAIN A PERMIT AND DO WHATEVER WAS NECESSARY TO GET IT APPROVED. I'LL GIVE THEM 60 DAYS TO OBTAIN A PERMIT, OBTAIN 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 IN THE ORDER NOT REQUIRING A PERMIT WHILE A FINE OF $100 PER DAY BE ASSESSED. THEY HAVE 30 DAYS TO APPEAL. THANK YOU.

[G. 23-51 1706 Avenue D 1706 Ave D Investments LLC Gerard Mezzina]

>> NEXT CASE IS 5G, CASE 23-51, 1706 AVENUE D, 1706 AVENUE D

INVESTMENTS, LLC IS THE OWNER. >> WHEN YOU'RE READY.

>> YES. SUBJECT 1706 AVENUE D, 1706 AVENUE D INVESTMENTS LLC. CASE INITIATED JANUARY 10TH, 2023. OWNER, 1706 AVENUE D INVESTMENTS LLC , 2024 SOUTHEAST 19TH STREET. HOMESTEAD, FLORIDA.

33035. VIOLATIONS, FLORIDA BUILDING CODE 105.12020. PERMIT REQUEST REQUIRED. IPMC 304.10, 2021 STAIRWAYS, DECKS, PORCHES, IS AND CALGONIES. CORRECTIVE ACTIONS, OBTAIN A PERMIT AND MAKE NECESSARY REPAIRS TO THE STARE STRINGERS, STEPS, RAILINGS THAT ARE SPLITTING AND CRACKED. THE RECOMMENDATIONS: THE CITY REQUESTS THAT IF SPECIAL MAGISTRATE FINDS THE VIOLATIONS EXIST, THE VIOLATERS WILL BE GIVEN 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED, COMPLY WITH ALL OTHER PERMIT CONDITIONS, AND CURE ALL VIOLATIONS DESCRIBED, NOT RE-OCCURRING PERMIT -- I'M SORRY, REQUIRING A PERMIT OR FINE OF $100 A DAY TO BE ASSESSED. THE END RESULT, THERE IS NO PERMIT.

[01:40:01]

>> DO YOU HAVE PHOTOGRAPHS? >> I'M SO ANY.

>> DO YOU HAVE PHOTOGRAPHS. >> YES.

>> AND DO THEY FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED THEM? AT THIS TIME THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT ONE THE

PHOTOGRAPHS. >> MAGISTRATE: BE ADMITTED AS SUCH. ALL RIGHT. I FIND THAT THE PARTY RESPONSIBLE FOR THIS VIOLATION, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, IS THE 1706 AVENUE D INVESTMENTS LLC. GERARD MEZZINA. GERARD MEZZINA IS A PRESENTER FOR THE CITY. THEIR AGENT IS JOSEPH ABRU. NO RECORD INDICATION ANYONE IS HERE ON BEHALF OF THE 1706 AVENUE B INVESTMENTS. I DO FIND THAT A VIOLATION EXISTS AND THEY'RE THE PARTY RESPONSIBLE FOR IT. I WILL GIVE THEM 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS, AND AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER, NOT REQUIRING A PERMIT OR FINE OF $100 PER DAY BE ASSESSED. THEY HAVE 30 DAYS TO APPEAL.

NEXT CASE, MADAM CLERK. >> THE NEXT CASE IS 5K, CASE 23-177, 1919 MIMOSA

[K. 23-177 1919 Mimosa Ave Infinity International LLC Gerard Mezzina]

>> MAGISTRATE: WHEN YOU'RE READY. >> YES, MA'AM. SUBJECT 23-177, 1919 MIMOSA AVENUE, INFINITY INTERNATIONAL LLC, CASE INITIATED JANUARY 26, 2023. OWNER, INFINITY INTERNATIONAL LLC, 6900 SOUTHWEST 123RD AVENUE, MIAMI, FLORIDA, 33183. VIOLATIONS, FLORIDA BUILDING CODE 105.12020 PERMIT REQUIRED. CORRECTIVE ACTIONS, OBTAIN A PERMIT FOR THE WINDOWS INSTALLED WITHOUT A PERMIT AND ANY OTHER WORK BEING DONE WITHOUT A PERMIT. REPLACE THE MISSING SOFFIT AT THE FRONT ENTRY. RECOMMENDATION: THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS,, THE VIOLATER WILL BE GIVEN 60 DAYS TO OBJECT TYPE A PERMIT, OBTAIN 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 VIOLATIONS DESCRIBED IN THE ORDER AND NOT REQUIRING A PERMIT OR A FINE OF $10 A DAY TO BE ASSESSED. PERMIT APPLIED FOR ON 2/17/23.

REJECTED INTAKE FOR MISSING PAPERWORK AND NO CONTRACTOR NAMED. I

HAVE PICTURES. >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY

DEPICT THE VIOLATION AS YOU OBSERVED IT? >> YES.

>> AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT ONE

THE PHOTOGRAPHS. >> MAGISTRATE: THEY WILL BE ADMITTED AS

SUCH. ALL RIGHT. ANYTHING FURTHER? >> NO, MA'AM. THAT

COVERS IT. >> ALL RIGHT. THEN BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 1919 ANY NOTICE OTHER AVENUE AND THAT INFINITY INTERNATIONAL LLC IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WOULD GIVE THEM 60 DAYS TO OBTAIN A PERMIT, OBTAIN 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 IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER

DAY WILL BE ASSESSED. 30 DAYS TO APPEAL. >> OUR LAST CASE IS OF

[D. 22-847 1237 Grose Road KR Jem Plant LLC Logan Winn]

>> THIS IS CASE 22-847 FOR 1237 GROSE ROAD. THIS IS A MASSEY

[01:45:03]

THIS MATTER LAST CAME TO YOU FOR A MASSEY HEARING FEBRUARY 21, 2023, AND THE FINES WERE STOPPED. THIS MASSEY WAS CONTINUED UNTIL TODAY, APRIL 18TH. AND THE FINES AT THAT TIME WERE $6,230, INCLUDING $30 IN RECORDING FEES. SPECIAL MAGISTRATE, I DID HAVE A CHANCE TO MEET WITH THE PROPERTY OWNER, AS WELL AS THEIR ARCHITECT. THEY ARE IN THE PROCESS OF PREPARING DRAWINGS TO BRING THIS PROPERTY INTO COMPLIANCE. THIS MEETING WE HAD APPROXIMATELY TWO WEEKS AGO, SO I WOULD EXPECT MAYBE WITHIN ANOTHER 60 DAYS THAT WE SHOULD BE SEEING SOME SORT OF APPLICATIONS, SO STAFF'S RECOMMENDATION IS TO CONTINUE THIS MASSEY HEARING FOR ANOTHER 90 DAYS, WHICH WILL CONTINUE THE STAY ON THE

ACCRUAL OF FINES AS WELL. >> MAGISTRATE: AND THAT REQUEST WILL BE ORDERED. THANK YOU. ANYTHING FURTHER?

>> IS THAT TO BE CONTINUED TO THE JULY HEARING?

>> MAGISTRATE: YES. >> YES, 90 DAYS WOULD BE JULY 18TH.

>> MAGISTRATE: YES. >> THAT IS IT. >> MAGISTRATE: ALL RIGHT. INSOFAR AS THE PARTIES WERE NOT PRESENT, HOW WERE THEY

NOTIFIED, MADAM CLERK? >> THE CASES REQUIRING NOTICE PER STATE STATUTE 162.12, A NOTICE OF HEARING WAS SENT TO THE VIOLATER, CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED, IT IS PLACED IN THE FILE.

THE GREEN CARD WAS RETURNED UNSIGNED OR UNCLAIMED, AFFIDAVIT OF MAILING WITH THE NOTICE OF HEARING ENCLOSED. IT IS MAILED TO THE VIOLATER. TEN DAYS BEFORE THE HEARING, A NOTICE OF HEARING IS SENT REGULAR U.S. MAIL WITH AN AFFIDAVIT OF MAILING ATTACHED.

COPIES OF ALL DOCUMENTS ARE PLACED IN THE INSPECTOR'S FILE. TEN DAYS BEFORE BEFORE THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN * TIN BOARD IN THE LOBBY OF CITY HALL. NOTICE OF HEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING. THE CERTIFICATION CARD IS NOT RETURNED TO THE BUILDING DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED THE SAME WAY AS IF THE CARD WAS RETURNED UNCLAIMED.

>> ALL RIGHT. ANYTHING FURTHER? WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.