[1. CALL TO ORDER]
[00:00:09]
>> GOOD MORNING. I AM THE MAGISTRATE WHO WILL BE PRESIDING OVER THIS MORNING'S HEARINGS.
YOU ARE HERE BECAUSE YOU HAVE RECEIVED NOTICE THAT YOUR PROPERTY WAS IN VIOLATION OF A PARTICULAR CITY CODE.
YOU HAVE BEEN GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT THAT VIOLATION. AS OF THIS MORNING, YOU HAVEN'T DONE SO. THOSE OF YOU WHO WISH TO BE HEARD, I WILL CALL YOUR CASE SHORTLY.
DOES ANYBODY NEED AN INTERPRETER? AND IF NOT, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
AFTERWARDS, REMAIN STANDING SO YOU CAN BE SWORN IN.
>> 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 LIBERTY AND JUSTICE FOR ALL.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
REMAIN STANDING. THE CLERK WILL SWEAR IN THOSE OFYOU WHO INTEND TO TESTIFY. >> IF YOU WILL BE PROVIDING TESTIMONY, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE WILL
WHEN YOU ARE READY, CALL THE FIRST CASE, MADAM CLERK.
[F. 23-269 3550 S US Hwy 1 Manatee Mobile Home Park LLC Frank Remling]
>> OKAY. THE FIRST CASE IS 5F.
CASE 23-2693550 SOUTH U.S. HIGHWAY ONE.
MANATEE MOBILE HOME PARK LLC IS THE OWNER.
>> YES, MA'AM. STAND RIGHT THERE.
YES, MA'AM. >> WHEN YOU ARE READY.
>> GOOD MORNING. >> GOOD MORNING.
>> HOW YOU DOING? >> ALL RIGHT.
>> MY NAME IS FRANK REMLING. I WORK FOR THE CITY OF FORT PIERCE AS A BUILDING INSPECTOR/INVESTIGATOR.
I HAVE BEEN PREVIOUSLY SWORN IN. THIS CASE NUMBER IS 23269.
3550 SOUTH U.S. ONE. THE CASE INITIATED FEBRUARY 1, 2023. MANATEE MOBILE HOME PARK LLC.
49 SOUTHWEST FLAGLER AVENUE, STUART, FLORIDA.
THE VIOLATION IS PERMIT REQUIRED.
THE CORRECTIVE ACTION IS OBTAIN A PERMIT FOR REPAVING THE ROADWAY. THE RECOMMENDATION IS THE CITY REQUESTS A SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS.
THE VIOLATORS BE GIVEN 60 DAYS TO OBTAIN A PERMIT AND APPROVAL FOR ALL REQUIRED INSPECTIONS. AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COMPLY WITH ALL PERMIT CONDITIONS AND CURE ALL VIOLATIONS OR A FINE OF $100 A DAY BE ASSESSED. THIS IS THE THIRD TIME BEFORE THE MAGISTRATE. THERE IS NO PERMIT.
I BELIEVE THEY ARE GETTING THAT TAKEN CARE OF.
THERE ARE PICTURES HERE. I DON'T KNOW.
HAVE YOU SEEN THE PICTURES OF WHAT THEY NEED TO CORRECT? OF THE PAVING THAT WAS DONE? OKAY.
>> AT THIS TIME, THE CITY WILL MOVE IN AS EXHIBIT 1, THE
THEY WILL BE ADMITTED AS SUCH. >> ONE PHOTOGRAPH.
>> THANK YOU. >> ANYTHING FURTHER, MR.
SOMEBODY TRIED TO PAVE ACROSS THERE.
IT DOESN'T LOOK LIKE THEY COMPLETED THE JOB.
>> AND STATE YOUR NAME? >> VICTORIA.
>> YOUR RELATIONSHIP TO THE PARK?
>> PROPERTY MANAGER. >> THIS CASE HAS BEEN HERE BEFORE. TELL ME WHAT'S GOING ON.
>> WELL, I'M NOT SURE WHAT HAPPENED BEFORE.
I MEAN, I HAVE ONLY BEEN EMPLOYED THERE AS PROPERTY MANAGER FOR THREE MONTHS. FOUR MONTHS.
I WAS TOLD BY MY BOSS THAT WE NEEDED TO TAKE CARE OF THE PAVING FOR THE AREA. I DID CONTACT MANY PAVING COMPANIES, ACTUALLY. THEY JUST BASICALLY SAID THEY HAVE NEVER HEARD OF A PERMIT BEING PULLED BECAUSE THE ROAD IS PRIVATE. THAT IS WHAT THEY TOLD ME.
I DID REACH OUT TO PRECISION PAVING.
THEY SAID THEY WERE ABLE TO FAVOR AREA, THAT THEY WERE GOING TO APPLY FOR THE PERMIT. I HAVE MESSAGES WHEN HE TOLD ME THAT. WHEN I CALLED THE BUILDING DEPARTMENT, HE NEVER APPLIED. HE SAID HE WAS ABLE TO, BUT HE WAS HAVING SOME ISSUES. BUT THAT NEVER HAPPENED.
HE NEVER APPLIED FOR IT. >> DID HE TELL YOU THAT YOU NEEDED TO PAY FOR THE PERMIT TO BE ISSUED?
>> I'M SORRY. >> DID HE TELL YOU YOU HAD TO
[00:05:02]
PAY FOR THE PERMIT TO BE ISSUED? >> HAD TO PAY FOR THE PERMIT?
BASICALLY, WE ASKED HIM IF HE COULD APPLY FOR IT AND HE BE
CHARGED THAT PLUS THE PAVING. >> ALL RIGHT.
ANYTHING FURTHER? >> WHAT IS THAT?
>> ANYTHING FURTHER? DO YOU HAVE ANY FURTHER
>> OKAY. THEN BASED ON THE TESTIMONY AND EVIDENCE PRESENTED, I FIND THAT A VIOLATION EXISTS.
AT 3550 SOUTH U.S. HIGHWAY ONE AND THAT MANATEE MOBILE HOME PARK IS THE PARTY RESPONSIBLE FOR THE VIOLATION.
I WILL GIVE YOU 60 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 ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER, NOT REQUIRING A PERMIT. A FINE OF $100 PER DAY BE ASSESSED. YOU HAVE 30 DAYS TO APPEAL.
DO YOU HAVE ANY QUESTIONS? ALL RIGHT.
THANK YOU. >> SPECIAL MAGISTRATE?
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
[D. 23-132 505 N 25th Street Espinoza, Humberto Frank Remling]
>> YES. >> PRIOR TO THE HEARING, WE CONTINUED CASE 5D, 23-132, 505 NORTH 25TH STREET, THE SAME OWNER IS FOR 6B, 22-2215, 505 NORTH 25TH STREET.
[B. 22-2215 505 N 25th Street Espinoza, Humberto Shaun Coss]
HUMBERTO ESPINOZA. THOSE CASES WERE CONTINUED TONEXT MONTH. >> ALL RIGHT, THANK YOU.
[H. 23-384 1102 Avenue G McElhaney Investments Inc. Gerard Mezzina]
>> THE NEXT CASE IS 5H, CASE 23-384.
1102 AVENUE G. MCELHANEY INVESTMENTS INC. IS
THE OWNER. >> GOOD MORNING, MR. MEZZINA.
GOOD MORNING. MA'AM, WERE YOU SWORN IN?
>> I'M SORRY? >> WERE YOU SWORN IN?
WHEN YOU ARE READY, MR. MEZZINA.
>> YES. I'M AN INVESTIGATOR/INSPECTOR FOR THE CITY OF FORT PIERCE. CASE 23384, 1 IS 02 AVENUE G.
MCELHANEY INVESTMENTS, INCORPORATED.
THE CASE WAS INITIATED IN FEBRUARY OF 2023.
THE OWNER MCELHANEY INVESTMENTS, INC. NORTH LAUDERDALE, FLORIDA.
33068. THE VIOLATION IS IPMC309.1.
STAIRWAYS AND WALKWAY SURFACES. IPMC304.13.
WINDOWS, SKYLIGHT, AND DOOR FRAMES.
CORRECTIVE ACTIONS, TREAT THE PROPERTY FOR PEST INFESTATIONS, INCLUDING ROACHES AND RATS. TWO, REPAIR ALL BROKEN FLOOR TILE, THREE, REPAIR AND REPLACE THE FLOOR, DOOR INCLUDED, THE THRESHHOLD AND MAKING THE DOOR WEATHER PROOF.
RECOMMENDATIONS: THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS.
THE VIOLATOR 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 OTHER VIOLATIONS, DESCRIBED IN THE ORDER, NOT REQUIRING A PERMIT OR A FINE OF $100 A DAY WILL BE ASSESSED.
I HAVE PICTURES OF THE ISSUES. HAVE YOU SEEN THE PICTURES?
>> I HAVE NOT. >> AND SPECIAL MAGISTRATE, IF WE
COULD HAVE HER IDENTIFY HERSELF. >> I'M THE PROPERTY MANAGER.
[00:10:08]
>> DO IF PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED THEM? AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.
>> IT WILL BE ADMITTED AS SUCH. >> I DO JUST WANT TO CLARIFY, IF WE CAN GO BACK TO THE AGENDA. MR. MEZZINA, THE WINDOW, SKYLIGHTS, AND DOOR FRAMES, THE IPMC NUMBERS, 304.13.
>> YES. >> I WANT TO CLARIFY THE NUMBER.
>> YES. >> WE CAN FINISH PUBLISHING THE PHOTOS. THANK YOU.
>> YOU CAN CONTINUE IF YOU HAVE OTHER QUESTIONS.
I DON'T KNOW IF I MISHEARD THE NUMBER.
I WANTED TO MAKE SURE WE HAD THE CORRECT NUMBER ON THE RECORD.
>> MR. MEZZINA, ARE THESE UNITS OCCUPIED BY TENANTS?
>> I WAS BY THERE A COUPLE OF WEEKS AGO.
I DON'T KNOW. I DIDN'T NOTICE IF THERE WAS SNIB THERE. -- ANYBODY THERE.
I DID TALK TO THE WOMAN A WHILE BACK, AND SHE SAID THEY WERE TRYING TO FIND ANOTHER PLACE. NOW, WHETHER THAT HAS BEEN DONE,
AND AGAIN, STATE YOUR NAME FOR THE RECORD.
>> WANA HOLMES. >> YOU ARE THE PROPERTY MANAGER?
>> YES. >> HOW MANY UNITS ARE WE TALKING
ABOUT HERE? >> ONE SINGLE-FAMILY HOME.
THE PROPERTY HAS BEEN TREATED. IT HAS BEEN TREATED.
IT REQUIRED AN INCLUSION. EXCLUSION.
THE EXCLUSION WAS COMPLETED BY THE HANDYMAN.
NOW WE HAVE A COMPANY THAT IS COMING BACK OUT.
THEY COULD NOT TREAT UNTIL THE INCLUSION WAS COMPLETED.
THE DOOR WAS REPAIRED. IT WAS FOUND TO NEED TO BE REPLACED. IT IS BEING REPLACED.
A PERMIT WILL BE APPLIED. >> OKAY.
ANYTHING FURTHER? >> NO, MA'AM.
>> I'M SORRY. I WANT TO UNDERSTAND.
THE EXCLUSION WOULD BE TO PREVENT THEM FROM COMING IN AND
OUT. >> THERE WAS SOME OPENINGS UNDERNEATH THE HOUSE. IT IS AN OLD PROPERTY.
THE HOUSE SITS UP OFF THE GROUND.
>> HAVE YOU DONE THE TREATMENT TO REMOVE THE PESTS FROM THE
THEY NEED TO COME BACK OUT. SHE DOESN'T HAVE ANY ISSUES AT THIS TIME. WE HAVE TO GO THROUGH THE FINAL
DO YOU HAVE ANYTHING TO DOCUMENT THAT YOU HAVE HAD THAT TREATMENT
DONE? >> I DON'T HAVE ANYTHING EXCEPT PAYMENT INVOICES. I DON'T HAVE IT WITH ME.
>> OKAY. >> ARE THOSE THE SAME TENANTS YOU HAD BEFORE? WHEN I WAS THERE?
>> THEY ARE NOT LOOKING TO MOVE. THEY WANT TO PURCHASE.
>> OH, OKAY. >> ANYTHING FURTHER FROM EITHER
>> OKAY. ALL RIGHT, THEN, BASED ON THE EVIDENCE AND TESTIMONY PRES PRESENTED, I FIND THAT A VIOLATION EXISTS AT 1102 AVENUE G.
AND THAT MCELHANEY INVESTMENTS INC. IS RESPONSIBLE FOR THE VIOLATION. I'LL GIVE YOU 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 BE ASSESSED. YOU HAVE 30 DAYS TO APPEAL MY DECISION. ANY QUESTIONS?
>> NO. >> ALL RIGHT, THANK YOU.
>> THANK YOU. >> NEXT CASE IS 5I.
[I. 23-407 715 S Ocean Dr Boardwalk Condominum Assn., Inc. Logan Winn]
CASE 23-407. 715 SOUTH OCEAN DRIVE.BOARDWALK CONDOMINIUM ASSOCIATION, INC. IS THE OWNER.
>> GOOD MORNING, MR. WINN. WHEN YOU ARE READY.
>> GOOD MORNING, MA'AM. I'M LOGAN WINN WITH THE CITY OF FORT PIERCE AS AN INSPECTOR/INVESTIGATOR.
WE HAVE CASE NUMBER 23-407. 715 SOUTH OCEAN DRIVE.
THE CASE WAS INITIATED FEBRUARY 15, 2023.
THE OWNER IS BOARDWALK CONDOMINIUM ASSOCIATION INC. OF 1100 FORT PICKENS ROAD, APARTMENT 814, GULF BREEZE, FLORIDA, 32561. THE VIOLATIONS.
IPMC304.6, EXTERIOR WALLS. IPMC304.2, PROTECTIVE TREATMENT.
INSTALLATION. IPMC605.2, RECEPTACLES.
[00:15:01]
CORRECTIVE ACTIONS: ONE, REPAIR, REPLACE WOOD TRIM AND SIDING THAT IS ROTTING AND WHERE PAINT IS CHIPPING, BUBBLING, AND PEELING. TWO, MAKE NECESSARY REPAIRS TO THE CRACKS AND THE EXTERIOR WALLS.THREE, MAKE NECESSARY REPAIRS TO THE ELECTRICAL DISCONNECT BOX THAT IS RUSTED. FOUR, MAKE NECESSARY REPAIRS TO THE RUSTED PIPES IN THE FRONT OF THE BUILDING.
FIVE, REPLACE EXTERIOR ELECTRICAL FACE PLATE.
SIX, REPLACE THE SOFFIT THAT IS MISSING FROM THE REAR BUILDING.
RESM DAYS: THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATORS BE GIVEN 60 DAYS TO OBTAIN A PERMIT, ONTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED AND CURE ALL VIOLATIONS DESCRIBED IN THE IN ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED.
THERE ARE NO PERMITS ON THIS PROPERTY.
AND THE ASSOCIATION HAS REACHED OUT TO US.
THEY SAID THEY PLAN ON TAKING CARE OF VIOLATIONS.
I HAVE A SET OF PICTURES OF THE PROPERTY AS WELL.
HAVE YOU SEEN THE PICTURES? >> I HAVE.
BUT I CAN TAKE A LOOK AT THEM. >> SIR, CAN YOU TELL US YOUR NAME AND THE RELATIONSHIP TO THE PROPERTY?
>> MY NAME IS GUS FORT. I'M PRESIDENT OF BOARDWALK HOME OWNERS ASSOCIATION. OKAY.
>> SIR, IF YOU WANT COPIES, WE CAN-- LIZ CAN MAKE SURE YOU GET
COPIES OF THOSE. >> THAT IS FINE.
>> GOOD MORNING. >> MR. WINN, DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT VIOLATIONS AS YOU OBSERVED THEM.
>> AT THIS TIME, THE CITY WILL MOVE THOSE PHOTOGRAPHS IN AS
COMPOSITE EXHIBIT 1. >> ALSO, I BELIEVE THERE IS PEOPLE IN THE AUDIENCE THAT WOULD LIKE TO COMMENT ON THIS AS
THE PHOTOGRAPHS WILL BE ADMITTED AS EVIDENCE.
IN THIS MATTER. AND THE COMMENTS THAT YOU HAVE TO MAKE, IF THERE IS ANYBODY ELSE WHO WANTS TO SPEAK, JUST RAISE YOUR HAND. LY CALL YOU UP.
OKAY? >> IF I MAY, THE LETTER THAT WE RECEIVED ON FEBRUARY 15 IS A ADDRESSED TO BOARDWALK CONDOMINIUM ASSOCIATION IN GULF BREEZE, FLORIDA.
THAT IS NOT US. IF YOU NEED THE INFORMATION, IT IS-- WE ARE BOARDWALK OWNERS ASSOCIATION, AND OUR REGISTERED AGENT IS IN STUART, FLORIDA. I THINK IT IS PROBABLY JUST A SIMPLE OVERSIGHT THAT THE PERSON THAT SENT THE LETTER SAW BOARDWALK CONDOMINIUM ASSOCIATION AND SENT IT TO THE WRONG ASSOCIATION. AND BEING THAT THE LETTER WAS DATED FEBRUARY 15, THE NOTICE WAS POSTED TO US.
THE GREEN SHEET ON THE FOURTH OF MAY.
I'LL LEAVE THAT UP TO YOU. >> YOU JUST GOT THIS ON QUP MAY
>> WHAT ARE YOU ALL DOING TO CORRECT THESE VIOLATIONS?
>> WELL, WE HAD THE CONTRACTORS OUT THERE NOW DOING THE WORK.
I MEAN, WE RECEIVED THE NOTICE ON THE FOURTH OF MAY.
FROM MY UNDERSTANDING, WE ARE ABOUT 75% TO 80% DONE.
THERE ARE A COUPLE OF ELECTRICAL BOXES THAT NEED FACE-PLATES AND COVERS. THAT SORT OF THING.
I FOUND OUT THAT THEY SENT THE WRONG SIZE BOX IN.
SO THEY ARE REORDERING THE BOX. AS SOON AS THOSE COMES IN, WE
WILL HAVE THAT DONE. >> YOU ARE NEAR COMPLETION OF OF THE WORK THAT NEEDS TO BE DONE. YOU ARE NEAR COMPLETION OF THE
WORK THAT NEEDS TO BE DONE? >> CORRECT.
BUT WHAT WE WERE GOING TO ASK-- I DON'T KNOW IF THIS IS ACCEPTABLE OR NOT. SINCE THE LETTER WAS DATED THE 15 OF FEBRUARY AND THE NOTICE WAS MAY 4, COULD WE HAVE A LITTLE BIT EXTRA TIME? I THINK IT WAS JUST A SIMPLE OVERSIGHT THAT THEY SENT IT TO ANOTHER BOARDWALK CONDOMINIUM ASSOCIATION. THEY THOUGHT IT WAS US.
THEY SENT IT TO SOMEBODY UP IN THE PANHANDLE.
>> OKAY. >> SPECIAL MAGISTRATE, YOU CAN SEE THAT STAFF HAS PULLED UP THE PROPERTY APPRAISER'S WEBSITE.
THE REASON IT WAS SENT WHERE IT WAS SENT IS THAT WAS LISTED ON THE PROPERTY APPRAISER'S WEBSITE.
>> YOU CAN SEE THE SCREEN IN FRONT OF YOU OR UP IN FRONT OF YOU. WHENEVER YOU CAN SEE EASIER.
THE PROPERTY APPRAISER HAS THE OWNERSHIP AS BOARDWALK CONDOMINIUM ASSOCIATION, INC., 1100 FORT PICKENS ROAD, APARTMENT A-14 GULF BREEZE, FLORIDA.
THAT IS WHY IT WAS SENT THERE. IF THAT NEEDS CORRECTING, WE GO BY THE PROPERTY APPRAISERS. YOU MAY NEED TO CONTACT THEM.
[00:20:06]
>> DEFINITELY. >> ON SUN BIZ, WE ARE LISTED
CORRECTLY. >> THERE WERE AT LEAST, I THINK, ONE PERSON IN THE AUDIENCE. I DON'T KNOW IF THEY WISH TO
SHE DOES. I'M GOING TO GET TO HER.
>> ALL RIGHT. >> YOU SAID YOU ALL DIDN'T GET NOTICE OF THIS VIOLATION UNTIL MAY 4?
>> THAT IS CORRECT. >> HAVE YOU CORRECTED THE ADDRESS ON THE PROPERTY? IS IT THE PROPERTY APPRAISER
I THINK THAT IS WHAT YOU JUST FLASHED UP THERE.
IT IS-- BUT IF YOU GO ON THE CORPORATION SITE ON SUN BIZ, IT HAS THE CORRECT ADDRESS. MAYBE THIS WAS AN OVERSIGHT BY THE PROPERTY APPRAISERS. BUT WE PAY OUR PROPERTY TAXES.
SO I MEAN, IT IS NOT-- I'LL GET IN TOUCH WITH THEM IMMEDIATELY AND SEE IF WE CAN GET THAT RECTIFIED.
>> AND SPECIAL MAGISTRATE, THE ONLY-- YOU SAID BOARDWALK HOME
OWNER ASSOCIATION, INC.? >> OUR NAME IS BOARDWALK OWNERS ASSOCIATION, INC. THE PRINCIPAL ADDRESS IS 111 SOUTHEAST FEDERAL HIGHWAY, SUITE 100, STEWART, FLORIDA.
>> FOR THE RECORD, SPECIAL MAGISTRATE, I DO SEE THAT ONE ON
I'M GOING TO HEAR FROM THE LADY IN THE AUDIENCE.
YOU COME UP NOW. GOOD MORNING.
>> GOOD MORNING. >> STATE YOUR NAME FOR THE
>> WERE YOU SWORN IN? >> I WAS.
>> ALL RIGHT. HOW DO YOU RESPOND?
>> REGARDING TO THE WRONG ADDRESS, EXCUSE ME.
I HAVE MY NOTES HERE. SO APPARENTLY, ACCORDING TO THE PROPERTY APPRAISER, THAT IS A CONDO HEADER.
THAT IS WHAT THEY CALL IT. IT IS CHRISSIE, WHO I SPOKE TO FOR THAT PARCEL. AND BASICALLY, WHAT HAPPENED IS WHOEVER WAS IN CHARGE OF THE HOA IN 2016 FILED IT INCORRECTLY.
SO I HAVE PUT IN A PUBLIC RECORDS REQUEST TO FIND OUT WHO THAT WAS. I DON'T BELIEVE IT WAS GUS.
I DON'T KNOW IF GUS WAS THERE AT THAT POINT.
2016. SOMEHOW THAT IS WHERE THE MIX-UP-- I DID SEND BACK TO ELIZABETH WHAT HE IS SAYING WITH THE WHOLE SUN BIZ THING. THAT IS MY ONLY COMMENT ON.
THAT I HAVE PHOTOS THAT I TOOK YESTERDAY THAT I COULD PUT INTO EVIDENCE, IF YOU THOUGHT IT WAS APPROPRIATE.
THIS HAS BEEN A LONG-TERM PROBLEM ON THIS PROPERTY.
I OWN THREE CONDOS ON THIS PROPERTY.
THE MAJORITY OF THEM ARE SHORT-TERM RENTALS.
YOU HAVE PEOPLE COMING AND GO OUT.
A COUPLE OF YEARS AGO, I COULD GET YOU THE EXACT DATE.
YOU KNOW, THE RAILING BROKE AND GAVE WAY.
THE BOLT. IT STARTED SWINGING LIKE THIS.
SO WHEN SOMEBODY WENT TO GO STEP DOWN WHO THANK GOD IT WAS A RESIDENT THAT FELL, HIS NAME IS JIMMY HEIGHTS.
HE WAS HOLDING A VACUUM CLEANER IN ONE HAND, GRABBED THE RAILING IN THE OTHER, AND IT SWANG OUTWARD.
HE FELL DOWN THE STEPS. I HAVE A PICTURE OF HIS FACE.
IT WAS HORRIBLE. HE FELL EIGHT OR NINE STEPS DOWN, BLOOD ALL OVER THE STEPS. THE HOA WAS CONTACTED PREVIOUSLY. DARREN WHO WAS AN ACTUAL TENANT, AND LET'S SEE, WAIT. I'M TRYING TO REMEMBER WHICH ONE HE WAS IN. HE WAS IN G.
DARREN HATHAWAY WAS IN UNIT G. HE NOTICED THAT THE BOLT WAS GONE OUT OF IT BECAUSE HE WAS THE ORIGINAL ONE THAT SAW IT WAS SWINGING. HE CONTACTED GUS FORT.
AND TOLD GUS. GUS' RESPONSE WAS "WHY ARE YOU CONTACTING ME?" THREE DAYS LATER, AN INJURY OCCURRED BECAUSE OF THE LACK OF MAINTENANCE ON THE HOA.
SO THIS IS JUST ONE EXAMPLE OF WHAT WE ARE HAVING ISSUES.
THERE WAS A TORNADO, I THINK A COUPLE OF WEEKS AGO.
A VERY BAD STORM. AND SO IT TOOK OUT OUR SOFFIT FOR THE SECOND TIME. HURRICANE NICOLE THAT CAME THROUGH WORKED IT OUT ORIG ORIGINALLY.
THE HOA WAS NOTIFIED THE DAY AFTER OR THE DAY OF THE HURRICANE. LIKE RIGHT AFTER IT HAD PASSED.
AND IT TOOK THEM OVER FOUR MONTHS TO EVEN DEAL WITH IT.
THEY WON'T TALK TO US. THEY HAVE AN ISSUE WITH US, IN
[00:25:03]
PARTICULAR. IT IS CONSTANT.THE BACK OF THE BUILDING WAS ARCING SO BAD, IT HAD TO BE SHUT DOWN. THE BOXES HAD TO BE FIXED WHICH IS SIMILAR TO THE BOX ISSUE THAT THEY ARE TALKING ABOUT NOW.
IT WAS ARCING. THE FPUA CAME OUT.
ELECTRIC CAME OUT. THEY HAD TO ORDER THE BOX.
THE SAME THING HE IS GOING THROUGH.
A SPECIFIC BOX. THESE ARE OLDER BUILDINGS.
OLDER ELECTRIC. UNFORTUNATELY, OUR CONDOS WERE OUT OF COMMISSION FOR FOUR DAYS BECAUSE OF THE LACK OF-- THE DEFERRED MAINTENANCE THAT IS CONSTANT.
YOU HAVE CHUNKS COMING OUT OF THE BALL COMIST THE.
THEY HAVE GLUED THEM BACK IN. THEY HAVE HANDYMAN-- THEY ARE NOT CONTRACTORS THAT ARE PUTTING SCREWS IN.
THEY ARE NOT QUALIFIED TO BE DEALING WITH BALCONIES.
THEY JUST-- THEY DON'T CARE OF THE PROPERTY.
THEY HAVE THINGS RUSTING. CRACKS THAT ARE GOING UP THE BUILDING. IT IS QUITE A SHAME.
IT IS SHAMEFUL. MY CONCERN IS THAT THESE ARE SHORT-TERM RENTALS. MOST OF THEM.
SO FOR THE SAFETY AND WELL-BEING OF THE PEOPLE VISITING OUR CITY, THAT IS WHERE I HAVE MY MAJOR CONCERN.
NOT JUST THE FACT THAT IT SHOULD BE TAKEN CARE OF.
THERE IS ALL OF THESE ISSUES WITH THE RAILING AND THE CONCRETE. I THINK I COUNTED 53 CRACKS UNDERNEATH THE CANTER LEVER BALL CONY.
WHERE THE REBAR HAS BEEN EXPOSED TO THE SALT.
AND IT IS CRACKING OR IT IS-- FROM WHAT I WAS TOLD BY ENGINEERING, IT IS SWELLING AND CRACKING THE CONCRETE.
THERE IS A LOT OF MAINTENANCE THAT NEEDS TO BE DONE ON THE PROPERTY. IT IS JUST REALLY SAD THAT THE HOA DOESN'T-- YOU KNOW, THEY ARE PRESENTING THEIR CASE, YOU KNOW, THAT THEY ARE DOING THIS, THEY ARE 75% DONE.
YET THEY HAVE NOT PULLED PERMITS.
THEY WENT TO CHANGE THE BUS BARS.
THEY HIRED SOME GUY. I WENT UP TO THE GENTLEMAN.
I SAID "DID YOU FILE A PERMIT?" I CONTACTED THE BUILDING DEPARTMENT. THEY HAD NOT FILED A PERMIT.
THEY WERE DOUBLE-FINED. BECAUSE THEY DIDN'T FILE THE PERMIT. SO THEY JUST CHANGED OUT THE PIPES IN FRONT. THEY WERE RUSTING.
THEY DIDN'T FILE A PERMIT. SO THIS IS WHAT WE ARE DEALING WITH. AS OWNERS.
THIS IS WHAT I'M PLEADING TO THE COURT IS THAT, YOU KNOW, WE ARE DEALING WITH THIS. WHEN I TRIED TO FIX THINGS OR WHATEVER, AND I PAY FOR THEM MYSELF, THEY DON'T REIMBURSE US.
LIKE WE HAD SNAKES FALLING OUT OF THE TREES AT ONE TIME.
BECAUSE IT WAS, YOU KNOW,-- IT WAS OVERGROWN.
IT HAD ALL THOSE BERRIES AND STUFF.
TWO SNAKES MATING IN THE TREE ALMOST FELL ON MY SON.
I CONTACTED THEM. I TOLD THEM THIS IS WHAT THE PROBLEM IS. THEY SAID GET THE TREES CUT.
I PAID FOR THE TREES, TO GET THEM CUT.
I ASKED FOR REIMBURSEMENT. ALMOST TWO YEARS LATER, I'M NOT STILL REIMBURSED. OWNERS THAT ARE CLEANING UP CIGARETTE BUTTS AND EVERYTHING. IT NEEDS TO BE CLEANED UP.
WE REALLY APPRECIATE IF THE COURT COULD HELP US.
AS OWNERS. TO ENFORCE THE FACT THAT THE HOA MUST MAKE THIS A SAFE CONDOMINIUM BECAUSE IT WAS-- ALL THE THINGS WITH SURFSIDE THAT JUST HAPPENED.
WE ARE ACROSS THE STREET FROM THE OCEAN.
THAT OCEAN SPRAY IS SOMETHING FIERCE.
ESPECIALLY WITH THE WINDS THAT COME IN.
YOU KNOW, ESPECIALLY IN THE SUMMER.
THE 3:00 WINDS THAT COME IN. MY ROOF WAS EXPOSED FOR FOUR MONTHS. WE HAVE NO IDEA WHAT KIND OF DAMAGE WAS AS A RESULT OF IT BEING EXPOSED FOR FOUR MONTHS.
THE HOA HIRES A HANDYMAN TO FIX IT INSTEAD OF A CONTRACTOR.
THEY SHOULD HAVE CHECKED THE STRUCTURE BECAUSE IT WAS EXPOSED FOR FOUR MONTHS. AND YOU KNOW, THEY JUST PUT THE SOFFIT BACK UP. WELL, HOW DO WE KNOW THERE IS NOT DAMAGE? YOU KNOW? THIS IS. IT IS REALLY-- WE ARE HEAVILY RELYING ON THE COURT. I'M THE ONE THAT CALLED IT.
IN I HAVE BEEN TRYING TO GET THIS DONE FOR THREE YEARS.
I HAVE TRIED TO WORK WITH THE HOA.
THEY JUST HAVE A PERSONAL VENDETTA AGAINST ME AND MY HUSBAND AND OTHER PEOPLE THAT ARE ON THE PROPERTY.
WE ARE NOT IN THE GROUP. WE ARE NOT IN THE CLIQUE.
I APPRECIATE YOU TAKING THE TIME.
WOULD YOU LIKE THESE PICTURES? >> I WOULD LOVE TO SEE THE
>> SPECIAL MAGISTRATE, I THINK YOU COULD RECEIVE THEM IN AND MAKE THEM ESSENTIALLY A COURT EXHIBIT SO THEY COULD BE A SPECIAL MAGISTRATE'S EXHIBIT. I CAN MARK THEM AS SUCH IF THAT
IS WHAT YOU DESIRE TO DO. >> THAT IS WHAT I INTEND TO DO.
DO YOU HAVE COPIES OF THEM? WE CAN MAKE YOU COPIES.
>> ACTUALLY, I SENT THESE IN BY EMAIL YESTERDAY.
TO ELIZABETH. SHE KINDLY MADE THE COPIES.
THE ONLY ONE THAT I DON'T HAVE IS THE PICTURE OF THE GENTLEMAN ACE FACE THAT FELL. THAT IS ON MY PHONE.
I DON'T KNOW IF THE COURT WOULD LIKE TO SEE THAT.
HOW BADLY HIS FACE WAS DAMAGED. AS A RESULT OF DEFERRED MAINTENANCE. THAT IS UP TO THE COURT.
>> MR. WINN, DID YOU SEE THE PICTURES?
>> I DID NOT. >> AND IF WE CAN ALSO MAKE SURE
[00:30:02]
MR. WINN, AFTER YOU LOOK AT THEM, IF WE CAN LET THE RESPONDENT SEE THOSE AS WELL, PLEASE.>> DO I GIVE IT TO MR. FORT? >> YES.
SHOW IT TO MR. FORT. >> THIS IS THE PICTURE, YOUR HONOR. IF YOU WANT TO SEE THAT.
>> COME FORWARD WITH THAT. >> AM I ALLOWED TO COME FORWARD?
>> YES. >> WE DON'T HAVE ACCESS TO THE OVERHEAD BECAUSE OF THE TECHNICAL DIFFICULTIES.
I WOULD ASK THIS WITNESS TO SEND THAT TO US.
WE CAN SUPPLEMENT IT INTO THE RECORD AT A LATER DATE.
SO IT IS INCLUDED AS TO WHAT YOU REVIEWED, SPECIAL MAGISTRATE.
>> WOULD YOU LIKE TO LOOK AT THE PICTURE?
>> I WAS ABLE TO SEE IT. YES, MA'AM.
>> YOUR HONOR, I SENT IT TO MRS. BECK JUST NOW.
>> OKAY. WE WILL GET TO SEE IT.
>> THANK YOU FOR COMING. >> I WAS JUST-- ONCE THE RESPONDENT IS FINISHED LOOKING AT THE PHOTOGRAPHS, I WILL-- OKAY. DID YOU HAVE ANY OBJECTION TO
THEM AS BEING ACCURATE? >> WELL, I THINK SOME OF THE THINGS THAT ARE IN THERE ARE BEING ADDRESSED RIGHT NOW AS PART OF THE-- AS PART OF WHAT MR. WINN SENT US IN EARNS THE OF THE-- IN TERMS OF THE VIOLATIONS.
AND I GUESS THIS IS FOR MR. WINN.
WHEN YOU WERE THERE INSPECTING THE PROPERTY THE OTHER DAY, DID YOU SEE ANY STRUCTURAL DIFFICULTIES?
>> I'M NOT A STRUCTURAL ENGINEER.
>> OH. >> YOU KNOW, I DID SEE SOME-- THAT IS WHY WE NOTED ABOUT SOME OF THE CRACKS IN THE EXTERIOR WALLS. STUFF LIKE THAT.
>> THOSE ARE BEING ADDRESSED. >> ALL RIGHT.
ANYTHING FURTHER? >> SPECIAL MAGISTRATE, IF I COULD, BEFORE YOU CLOSE THE HEARING, I'M MARKING THESE ALL FOR YOU. IF YOU WANT TO RECEIVE THEM IN
I DID. >> I'M JUST LETTERING THEM.
>> HOW MANY STORIES IS THIS CONNEDO?
ONE OR TWO IN. >> TWO STORIES.
THERE ARE 13 TOTAL UNITS IN THE ASSOCIATION.
>> SPECIAL MAGISTRATE, IT WORKS OUT TO WHERE IT IS-- THE PAGES ARE LETTERS A THROUGH O OF SPECIAL MAGISTRATE EXHIBIT 1.
[00:35:15]
>> SPECIAL MAGISTRATE, MR. COSS IS INFORMING ME THAT THERE MAY BE ADISSAL PEOPLE WHO WISH TO SPEAK RELATED TO THIS CASE.
>> IF THERE ARE PEOPLE THAT WANT TO SPEAK TO THIS ISSUE, YOU CAN
COME FORWARD. >> SPECIAL MAGISTRATE, JUST TO BE CLEAR, STAFF HAS NOT REQUESTED THEM TO BE CALLED AS WITNESSES. WE BELIEVE WE HAVE SUBSTANTIATED EVIDENCE FOR THE VIOLATIONS. HOWEVER, IF YOU WISH TO HEAR FROM THEM, AND THEY ARE PRESENT AND THEY WOULD LIKE TO SPEAK,
THAT IS UP TO YOU, MA'AMMENT. >> I'M GIVING THEM THE OPPORTUNITY IF THEY WANT TO SPEAK.
SO THEY DON'T COME FORWARD, THAT IS FINE.
>> CAN YOU COME FORWARD, PLEASE? YOU SAID YOU ARE CORRECTING MANY
OF THESE PROBLEMS. >> I'M SORRY.
>> YOU ARE CORRECTING MANY OF THESE PROBLEMS?
>> THE ITEMS THAT ARE ON THIS PAGE THAT WE WERE SENT, YES.
WSINCE WE WERE NOTIFIED ON THE FOURTH, WE HAVE HAD PEOPLE OUT THERE CORRECTING THE PROBLEMS, AND LIKE I SAID, IF IT IS POSSIBLE FOR US TOS TO GET A LITTLE BIT OF AN EXTENSION, BECAUSE AGAIN, THE LETTER IS DATED THE 15 OF FEBRUARY.
I'M ASSUMING-- I DON'T KNOW HOW THIS PROCESS WORKS.
IF WE WERE TO RECEIVE A LETTER SHORTLY AFTER THE LETTER WAS DATED ON FEBRUARY 15, A COUPLE OF WEEKS WOULD BE GREAT.
>> OKAY. MY NEXT HEARING DATE IS JUNE
>> I'M GOING TO RESCHEDULE THIS FOR JUNE 20.
>> OKAY. >> BUT I HAVE ALL OF THE EVIDENCE HERE IN THE RECORD. ALL OF YOU WHO PARTICIPATED AND WANT TO PARTICIPATE, YOU ARE WELCOME TO COME BACK ON THAT
BUT IF I MAY, WHAT WE ARE CONCERNED ABOUT RIGHT NOW ARE THE SIX ITEMS THAT ARE ON THIS LIST THAT MR. WINN PROVIDED TO US. IS THAT CORRECT?
>> YES. BUT IT SOUNDS LIKE YOU GOT OTHER PROBLEMS. AND I'LL JUST LEAVE IT AT THAT.
>> THANK YOU. >> MR. WINN, IF YOU NEED TO KNOW SOMETHING ELSE, CHECK WITH MR. WINN.
HE WILL BE HAPPY TO ASSIST YOU. >> THANK YOU VERY MUCH.
>> MY NEXT DATE WAS JUNE 20. THAT IS BECAUSE OF THE NOTICE THAT WAS SENT TO THE WRONG ADDRESS.
THROUGH NO FAULT OF THE CITY. >> RIGHT.
I WILL GO ON THE PROPERTY TAX PART AND GET THAT CHANGED.
THE NEXT MEETING, YOU SAID, WAS JUNE 20?
JUNE 20 IS THE NEXT HEARING DATE.
THANK YOU, MR. WINN. ALL RIGHT.
[A. 22-983 1508 Orange Ave Bruce, Leonard Shaun Coss]
NEXT CASE. >> THE NEXT CASE IS 6A.
CASE 22-983. 1508 ORANGE AVENUE.
LEONARD BRUCE IS THE OWNER. >> GOOD MORNING.
>> GOOD MORNING. >> GOOD MORNING, SPECIAL MAGISTRATE. THIS IS CASE 22-983 FOR 1508 ORANGE AVENUE. THE PROPERTY OWNED BY LEONARD BRUCE OF 1914, FORT PIERCE, FLORIDA.
THE VIOLATIONS OF THE AT THE PROPERTY ARE INTERNATIONAL PROPERTY MAINTENANCE CODE, UNSAFE STRUCTURES.
EXTERIOR WALLS. AND IPMC304.6, EXTERIOR WALLS.
THIS MATTER CAME BEFORE YOU JULY 19, 2022.
IN ORDER TO DETERMINE A VIOLATION WAS ENTERED.
ON SEPTEMBER 21, 2022, A 90-DAY EXTENSION OF TIME WAS GRANTED.
ON MARCH 21, 2023, FOLLOWING THE EXPIRATION OF THE BUILDING PERMIT, AN AFT AFFIDAVIT OF NONCOMPLIANCE WAS RECORDED.
THE FINES BEGAN. MAY 8, 2023, THE FINES TOTALED $4,820, INCLUDING $20 IN RECORDING FEES.
WE HAVE RECEIVED A RESPONSE FOR A MASSEY HEARING FROM THE PROPERTY OWNER. THERE ARE THREE CRITERIA TO CONSIDER IN THIS MASSEY. ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION. IWHICH IS MODERATE.
TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE
[00:40:03]
VIOLATIONS. THE OWNER HIRED A CONTRACTOR AND OBTAINED A PERMIT FOR THE REPAIRS.THE PERMIT EXPIRED WITHOUT APPROVED INSPECTIONS.
IT WAS RENEWED. THE WORK HAS BEEN COMPLETED.
TO DATE, THERE HAVE BEEN NO APPROVED INSPECTIONS.
AND THREE, THE NUMBER OF TIME THE VIOLATORS WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD, SPECIAL MAGISTRATE OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS OR OTHERWISE, ZERO TIMES.
IN THIS CASE, THE CONTRACTOR PROCEEDED WITH WORK WITHOUT OBTAINING THE INSPECTIONS. HE DID IT TO HAVE AN ENGINEER CERTIFY THE WORK TAT WAS DONE. HOWEVER, THE ENGINEER WAS HOLDING-- WANTING TO CERTIFY THE STUCCO WORK.
NOT THE RECONSTRUCTION OF THE WALL SINCE THAT WORK WAS NOT VISIBLE. THE ENGINEER DID INDICATE TO ME THAT THERE ARE PROPOSED PLANS TO COMPLETELY RENOVATE THIS STRUCTURE IN THE FEAR FUTURE. -- IN THE NEAR FUTURE.
I WOULD LIKE TO HEAR FROM MR. BRUCE BEFORE I MAKE A
RECOMMENDATION. >> MR. BRUCE, GOOD MORNING.
>> GOOD MORNING, AGAIN. >> WERE YOU SWORN IN INITIALLY?
>> YES, MAGISTRATE. >> HOW DO YOU RESPOND?
>> OKAY. INITIALLY, AS THE GENTLEMAN SUGGESTED, I WAS GRANTED AN EXTENSION AFTER 90 DAYS BECAUSE I HAD DIFFICULTY OBTAINING A CONTRACTOR TO START THE PROCESS.
I WAS FINALLY ABLE TO GET MR. ANDREWS CONSTRUCTION TO DO THE JOB. HOWEVER, AS HE SUGGESTED, THE JOB WAS COMPLETED WITHOUT THE PROPER PERMITTED.
EVERYTHING. THEY DID NOT COMPLY WITH THE INSPECTION PROCESS. AT THE TIME, I WAS IN CORRESPONDENCE WITH MS. BECK. I'M A REGISTERED NURSE.
I WAS ASSUMING THAT THE WORK WAS PROGRESSING OKAY.
ONLY TO FIND OUT THAT THE JOB WAS DONE.
I HAVE A PICTURE OF THE COMPLETED JOB.
HOWEVER, LIKE YOU SAID, IT WAS NOT DONE ACCORDING TO PROTOCOL.
SO AT THIS TIME, THE INSPECTOR CAME OUT, AND I DON'T KNOW WHAT THE PROCESS WAS. I KNOW IT WAS NOT APPROVED.
AT THIS TIME, I HAD TO GET THEM TO GO BACK OUT, REMOVE A SECTION OF THE WALL, TAKE PICTURES TO EXPOSE THE SHEETING AND ALL OF THAT BEFORE HE WAS ABLE TO-- HE SAID HE WANTED TO SEE WHAT WAS DONE IN ORDER TO PUT MY NAME TO SIGN OFF ON THIS JOB.
WE DID THAT. HE RE-SUBMITTED ALL OF THIS.
AFTER THE SUBMISSION, IN HIS ENGINEERING LETTER WHICH I HAVE HERE WHICH WAS SUBMITTED TO THE CITY, HE SAID THE HEIGHT OF THE WALL DID NOT MEET THE WIND MITIGATION.
THI THINK THAT WAS THE TERM HE USED.
I HAVE A DIAGRAM HERE WHERE WE HAD-- WE HAD TO DO AN ANGLE IRON FROM THE SIDE OF THE BEAM TO THE TOP OF THE WALL BECAUSE OF SAFETY WHICH I COMPLIED. HERE I HAVE A PICTURE OF THE COMPLETED EVERYTHING. I DID WHAT I WAS TOLD BY HIRING A CONTRACTOR TO DO EVERYTHING. HOWEVER, THE CONTRACTOR, THEY WERE THE ONE WHO FINISHED IT WITHOUT THE PROPER PROCEDURE.
AND THIS JOB WAS COMPLETED WITHIN THE SPECIFIED TIME.
THE FIRST INSPECTION, I THINK, BECAUSE-- I'M ON A TIMELINE.
AT THE TIME, HE SAID QUM I'M NOT WORRIED ABOUT IT." I SAID, YOU ARE NOT, BUT I AM. I'M ON A TIMELINE.
IT NEEDS TO BE COMPLETED BY A SPECIFIC TIME.
AT THIS TIME, THE FIRST INSPECTION WAS CALLED FOR.
IN JANUARY 11. WHICH WAS WITHIN THE TIME THAT THE COURT HAD ALLOTTED. HOWEVER, BECAUSE OF THE ONGOING STUFF THAT THERE WAS NOT COMPLETED, AT THIS TIME, EVERYTHING IS COMPLETED. THE WORK, THE ANGLE IRON.
ALL THE CRITERIA SET FORTH. AND I'M NOT SURE IF HE HAS THIS IN HIS FILE. THIS WAS THE LAST ENGINEERING LETTER THAT WAS SUBMITTED. I INFORMED THE ENGINEER WHO DOES THE DRAWING FOR ME, I TOLD HIM THAT I HAVE A HEARING COMING UP ON THE 16TH. THIS LITTER IS DATED ON THE 15TH. HE SENT ME THIS.
I SAID "I NEED IT BECAUSE I'M GOING TO SEE THE MAGISTRATE TOMORROW." HE SENT ME WITH A STAMP SEAL LETTER SIGNED OFF ON THE COMPLETED JOBS.
I'M NOT SURE IF THIS IS ON YOUR GUYS' FILE.
[00:45:02]
HE TOLD ME HE WAS GOING TO SUBMIT IT TO THE CITY HIMSELF.>> DO WE HAVE A COPY OF THE LETTER HE IS SHOWING?
I WOULD BE HAPPY TO TAKE A LOOK AT IT.
IT WILL BE NEED TO BE SUBMITTED AS A REVISION TO THE BUILDING DEPARTMENT, THOUGH. THANK YOU.
>> SPECIAL MAGISTRATE, THE RESPONDENT HAS PRESENTED AN ENGINEER LETTER ALONG WITH A DRAWING OF THE ANGLE IRON REPAIR. IT APPEARS THIS WOULD BE SUFFICIENT TO COMPLY THE CASE ONCE THIS IS SUBMITTED OFFICIALLY AS A REVISION TO THE BUILDING DEPARTMENT.
THE STAFF RECOMMENDATION AT THIS TIME WOULD BE TO CONTINUE THIS CASE UNTIL YOUR NEXT HEARING SO THAT THE OWNER OR CONTRACTOR CAN OFFICIALLY SUBMIT THIS FOR REVISION.
>> AND MR. COSS, AT THIS POINT, FINES ARE RUNG.
IS THAT CORRECT? >> THAT IS CORRECT.
>> WHAT IS YOUR POSITION AS TO STOPPING THE FINES OR CONNING
THE FINES. >> WE CAN STOP THE FINES UNTIL
THE NEXT HEARING. >> THANK YOU.
THAT WAS SOMETHING I HAD CONSIDERED.
ALL RIGHT. WE WILL STOP THE FINES.
>> THANK YOU. >> MY NEXT HEARING DATE IS JUNE 20. YOU WILL GET A NOTICE TO BE HERE
MAGISTRATE, JUST BECAUSE AS-- LIKE I SAID, I'M A TRAVELING NURSE. SO ACTUALLY, I DIDN'T WANT TO BE OUT OF STATE SOMEWHERE. YOU KNOW, IF I COULD GET-- HAVE A HEARING, TELEPHONE OR SOMETHING LIKE JUST IN CASE I'M NOT HERE, WOULD THAT BE PERMITTED?
>> WE DO HAVE A PROCEDURE IF HE IS OUT OF TOWN FOR A TELEPHONIC HEARING. YOU WOULD COMMUNICATE WITH MS. BECK. SHE CAN GIVE YOU THE PAPERWORK TO FILL OUT FOR THAT REQUEST TO APPEAR BY TELEPHONE.
>> OKAY. I'M GOING TO STAY THE FINES.
TALK TO YOUR CONTRACTOR. SEE IF HE CAN-- THE PERMIT EXPIRED WITHOUT AN APPROVED INSPECTION.
>> I DID-- I HAVE -- >> I'M SAYING WHAT THE
CONTRACTOR DIDN'T DO. >> HE DID REAPPLY FOR A NEW
>> I GOT A NEW PERMIT. >> HAVE YOU HAD ANY APPROVED
INSPECTIONS, THOUGH? >> THAT IS WHAT WE ARE WAITING FOR. FOR THEM TO COME BACK OUT AND
INSPECT. >> I THINK WE CAN GET THAT DONE.
>> YES, MA'AM. THE PERMIT HAS BEEN RENEWED.
ONCE THIS-- ONCE THESE DOCUMENTS ARE SUBMITTED FOR REVISION AND APPROVED, THE CONTRACTOR WILL BE NOTIFIED THAT HE DOES NEED TO SCHEDULE A FINAL INSPECTION WITH OUR DEPARTMENT.
>> YOU ARE WELCOME. >> THANK YOU.
>> THANK YOU. >> YOU WILL GET A LETTER ABOUT
THE JUNE 20 COURT DATE. >> THANK YOU.
>> ALL RIGHT. GOOD LUCK TO YOU.
>> THANKS. >> THE NEXT, CASE IS 7B.
[B. 20-2819 1400 Avenue I Alix, Ernst Shaun Coss]
CASE 20-28 19. 1400 AVENUE I.ERNST ALIX IS THE OWNER. >> WHEN YOU ARE READY.
>> THIS CASE, 20-2819 FOR 1400 AVENUE I OWNED BY ERNST ALIX.
OF 4476 NORTHWEST. THE VIOLATIONS: THIS MATTER CAME BEFORE YOU APRIL 21, 2021. A 90-DAY EXTENSION AT THE TIME WAS GRANTED ON JULY 12, 2021. AN AFFIDAVIT OF NONCOMPLIANCE STARTING THE FINES WAS RECORDED DECEMBER 30, 2021.
IAN ORDER-ASSESSING FINE AND RECORDING LIEN WAS RECORDED.
FINES RAN FROM DECEMBER 30 TO MARCH 21, 2023.
TOTALING $44,650. INCLUDING $50 IN RECORDING FEES.
THE CASE IS COMPLIED AT THIS TIME.
THIS IS A LIEN REDUCTION. THERE ARE 7 CRITERIA TO CONSIDER
[00:50:03]
FOR THIS REDUCTION. ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION IS MODERATE. TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS.AND THE PERMITS FOR ALL OF THE UNPERMITTED WORK WERE FINALLY OBTAINED AND RECEIVED NECESSARY INSPECTIONS.
THREE, THE LENGTH OF TIME NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WAS TWO YEARS, THREE MONTHS.
NUMBER FOUR, THE NUMBER OF TIMES A VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD, SPECIAL MAGISTRATE OR OTHER JUDICIAL PROCESS OR OTHERWISE ADMITTED GUILT IN ANY SUCH PROCEEDING. FIVE, THE NUMBER OF VIOLATION NOTICES THE VIOLATOR HAS RECEIVED IN THE PAST.
THERE WERE FIVE. FOUR VIOLATIONS WERE COMPLIED PRIOR TO GOING TO A HEARING. ONE, 7 PERMITS WERE OBTAINED FOR THE WORK BEING DONE. AND RECEIVED ALL NECESSARY INSPECTIONS. NUMBER 6, EXTENUATING FACTORS PREVENTING TIMELY COMPLIANCE. SUCH AS AS UNAVOIDABLE PERSONAL HARDSHIP. NO EXPLANATION WAS PROVIDED.
THE OWNER IS UNABLE TO AFFORD THE AMOUNT OF THE LIEN.
STAFF HAS CALCULATED THE ADMINISTRATIVE COST IN THIS CASE. IT WOULD BE $1,413.45.
THE RESPONDENT IS REQUESTING THAT THE AMOUNT OF THE LIEN BE REDUCED TO $4,000. AND STAFF IS AGREEABLE TO THIS REQUEST. TO REDUCE THE LIEN TO $4,000.
WHICH WOULD INCLUDE THE $250 APPLICATION FEE.
AND SIR, WERE YOU SWORN IN. >> WERE YOU SWORN IN THIS MORNING TO TELL THE TRUTH AND NOTHING BUT THE TRUTH?
>> EXCUSE ME? >> DO YOU UNDERSTAND ENGLISH?
>> YES, MA'AM. >> DID YOU TAKE AN OATH THAT YOU
WERE GOING TO TELL THE TRUTH? >> YES.
YOU UNDERSTOOD WHAT MR. COSS WAS SAYING.
DID YOU UNDERSTAND WHAT MR. COSS JUST STATED?
>> YES. I UNDERSTAND WHAT HE SAID.
>> OKAY. ARE YOU AGREEABLE TO THE AMOUNT
THEY FINED ME $44,000. >> THE CITY HAS AGREED TO REDUCE THAT $44,650 TO $4,000. DO YOU AGREE TO PAY THAT?
WE CAN SET UP A PAYMENT PLAN? >> $YES.
HOW MUCH TIME DO YOU NEED TO PAY THAT?
>> I DON'T KNOW. IF YOU CAN-- IF I CAN PAY IT IN
STAFF WOULD BE AGREEABLE TO THAT.
>> THE CITY IS AGREEABLE TO THAT.
>> NO. >> NOW, THEY WILL BREAK THAT UP INTO MONTHLY INSTAMMENTS FOR YOU.
>> BUT IF I PAY IT ON 2446 MONTH, THAT MEANS I DON'T HAVE ANY PROBLEM WITH THE CITY. I'M DONE.
>> AS LONG AS YOU PAY THAT MONEY.
THANK YOU SO MUCH. >> HOLD ON, HOLD ON.
YOU NEED TO UNDERSTAND -- >> YES.
>> IF YOU DON'T PAY THAT $4,000 WITHIN 24 MONTHS, THIS LIEN IS GOING TO RESULT BACK TO THE $44,650.
>> YES. >> DO YOU UNDERSTAND THAT?
>> I'M GOING TO DO MY BEST TO PAY IT BEFORE 24 MONTHS.
>> GOOD LUCK. YOU WILL GET AN ORDER.
THANK YOU. GOOD LUCK TO YOWMENT.
>> YOU ARE WELCOME. >> GET A LETTER AND ORDER FROM THE CITY. GOOD LUCK.
>> THANK YOU. >> YOU ARE WELCOME.
[A. 22-1448 902 Avenue E Simmons, LaTonya Logan Winn]
>> THERE IS A VIOLATION CASE THAT I MISSED.
902 AVENUE E, LATONYA SIMMONS IS THE OWNER.
>> GOOD MORNING. >> GOOD MORNING.
WHEN YOU ARE READY, MR. WINN. >> CASE NUMBER 22-1448.
902 AVENUE E. INITIATED APRIL 27, 2022.
OWNER IS LATONYA SIMMONS OF FORT PIERCE, FLORIDA.
[00:55:06]
VIOLATIONS: IPMC, UNSAFE STRUCTURE.IPMC111.1.2, UNSAFE EQUIPMENT. STRUCTURE UNFIT FOR HUMAN OCCUPANCY. DANGEROUS STRUCTURAL PREMISES.
EXTERIOR STRUCTURE GENERAL. UNSAFE CONDITIONS.
STRUCTURAL NUMBERS. EXTERIOR WALLS.
WINDOWS, DOORS, AND FRAMES. GENERAL.
UNSAFE CONDITIONS. IPMC305.3221, INTERIOR SURFACES.
IPMC306.12021, COMPONENT SERVICEABILITY, GENERAL.
IPMC306.1.1, 2021, UNSAFE CONDITIONS.
CORRECTIVE ACTIONS. ONE, OBTAIN A PERMIT TO REPAIR, REPLACE ALL FIRE DAMAGE, WIRING, DRY HUA, SOFFIT, AND FASCIA.
ANY STRUCTURAL DAMAGE WILL REQUIRE SIGNED AND SEALED REPAIR PLANS DESIGNED BY A REGISTERED DESIGN PROFESSIONAL.
THE RECOMMENDATION: THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATORS BE GIVEN 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS UNTIL THE PERMIT HAS BEEN CLOSED.
COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OF THE VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED.
THERE ARE NO PERMITS APPLIED FOR ON THIS PROPERTY.
I HAVE A SET OF PICTURES. AS WELL.
>> MR. WINN, DO THE PHOTOGRAPHS ACCURATELY DEPICT THE CONDITIONS AS YOU OBSERVED THEM? THE PHOTOGRAPHS WILL BE ADMITTED
AT THIS TIME. >> ADMITTED AS SUCH.
ANYTHING FURTHER, MR. SPHWHIN. >> NO, MA'AM.
>> OKAY. WOULD YOU STATE YOUR NAME?
>> LATONYA SIMMONS. >> HOW DO YOU RESPOND TO THE
ALLEGATIONS? >> THIS HOUSE, AS YOU KNOW, WAS BURNT. IT WAS A SLOW PROCESS BECAUSE IT WAS SOMETHING THAT ME AND MY FATHER WAS WORKING ON.
MY BIRTHDAY IS JULY 1. HE PASSED ON JULY 2.
ACTUALLY, THAT PUT A HALT ON EVERYTHING.
I FINALLY GOT EVERYTHING UP TOGETHER.
I GOT AN ENGINEER THAT PULLED THE PLANNING THAT WAS DONE ON-- I WANT TO SAY MAY 1. HE GAVE ME THIS INFORMATION.
NOW I'M JUST WORKING ON THE CONTRACTOR TO PULL THE PERMITS THAT IS NEEDED TO GET EVERYTHING BACK ON TRACK.
I HAVE A COPY OF THE PAPERWORK THAT THE ENGINEER PROVIDED TO
ME. >> DID YOU SHOW IT TO THE CITY?
>> HE SAID HE WAS ENTERING THIS. HE PROVIDED THIS TO ME A WEEK AGO. HE WAS GOING TO ENTER IT.
I'M NOT SURE IF HE PROVIDED-- THIS IS MY FIRST TIME.
I'M NOT SURE WHAT STEPS ARE NEEDED OR WHAT.
IF HE HAS ANYTHING IN THE SYSTEM.
>> MR. WINN, HAVE YOU SEEN IT? >> I HAVE NOT.
ALL I KNOW IS THAT THERE IS NO PERMIT AT THIS TIME.
WHETHER IT IS IN PLAN REVIEW OR --
>> IT IS THE PLANNING. >> OR IT HAS BEEN REJECTED.
>> THE CITY HAS NOT RECEIVED ANY PLANS OF OFFICIAL SUBMITTAL.
MS. SIMMONS WOULD NEED TO HIRE A CONTRACTOR, PROVIED THOSE PLANS TO THE CONTRACTOR. THE CONTRACTOR WOULD SUBMIT THE
CONTRACTOR? >> THAT IS MY NEXT STEP.
THE PLANNING THAT WAS JUST FINISHED, IT WAS MAY 1.
I'M IN THE MIDDLE OF NOW LOOKING INTO QUESTIONING THE CONTR CONTRACTOR-- I'M IN THE MIDDLE OF NOW LOOKING INTO GETTING THE CONTRACTOR.
>> I'M GOING TO CONTINUE THIS UNTIL JULY.
DO YOU THINK YOU CAN HAVE A CONTRACTOR BY THEN?
>> YES, MA'AM. MY FATHER, AGAIN, WAS DOING ALL THE LEGWORK. HE KNEW ALL THE PIECES AND
[01:00:03]
PUZZLES, WHO TO REACH OUT TO. I'M STARTING FROM FRESH.I'M REACHING OUT TO WHO I KNOW. I'M SURE BY JULY, YEAH.
I CERTAINLY HAVE A CONTRACT IN PLACE.
TO PULL THOSE PERMITS. IF NOT ALREADY PULLED BY JULY.
>> OKAY. >> SPECIAL MAGISTRATE, IF I SAW THE PHOTOGRAPHS CORRECTLY, WERE THEY FROM APRIL OF THIS YEAR, MR. WINN? THEY ARE FROM APRIL OF LAST YEAR? OKAY.
SO I GUESS MY QUESTION WOULD BE THE SAFETY OF THE PROPERTY CURRENTLY. IF IT HAS BEEN SECURED.
I DON'T KNOW WHAT THE CONDITION IS CURRENTLY.
IF ANYONE CAN GET ON TO THAT PROPERTY.
THAT IS ONE CONCERN I HAVE FOR EXTENDING IT OUT THAT FAR.
>> IF I MAY SAY, YES. THOSE ARE OLD PICTURES.
THOSE ARE NOT NEW. THERE IS NOTHING IN FRONT.
THE HOUSE HAS BEEN BOARDED. THE WINDOWS HAVE BEEN BOARDED UP. SO THOSE ARE WHEN IT FIRST OCCURRED. THOSE ARE NOT NEW PICTURES.
>> YOU WANT TO SEE IT? IT HAS BEEN BOARDED.
>> THESE ARE APRIL OF 2022. THE TIME-STAMP.
YOU CAN SEE SOME BOARDS ON THE FRONT.
THAT LOOKS UNRELATED TO THIS DAMAGE.
>> I DON'T HAVE A REASON TO DOUBT WHAT SHE IS SAYING,
SPECIAL MAGISTRATE. >> LY CONTINUE THIS UNTIL JULY 18. AND WE WILL SEE WHERE YOU ARE
THEN. >> BECAUSE IT IS MY FIRST TIME, JUST TO MAKE-- I NEED TO SUBMIT THIS IN TO YOU GUYS AS EVIDENCE.
AND BY THE 18TH, HAVE A CONTRACT TO PULL THE PERMITS.
IS THAT WHAT I'M HEARING? >> YOU CAN SUBMIT THOSE INTO EVIDENCE IF YOU WANT. BUT THAT IS NOT GOING TO TAKE
CARE OF YOUR ISSUE. >> I UNDERSTAND THAT.
>> IT IS UP TO YOU. I WOULD SUGGEST YOU KEEP THOSE
TO PROVIDE TO YOUR CONTRACTOR. >> YEAH.
BEFORE JULY? IF I UNDERSTAND IT.
>> IF I UNDERSTAND THIS CORRECTLY, BEFORE JULY, I GET THE CONTRACTOR TO START PULLING THE PERMITS.
I START THE WORK BEFORE JULY 1. THAT IS WHAT I'M UNDERSTANDING.
>> GET WITH HIM. SEE WHAT HE CAN DO.
IF YOU CAN FIND ONE. THAT IS WHY I'M GIVING YOU 60 DAYS. THEY ARE IN SHORT SUPPLY.
OKAY? SO THAT JUST WOULD GIVE YOU A TIME FRAME. IF YOU CAN FIND ONE.
THEY TELL YOU THEY CAN DO THE WORK.
I THINK YOU HAVE SAID HERE, IF YOU TALK WITH THE BUILDING DEPARTMENT AND A CONTRACTOR SHOULD KNOW WHAT TO DO.
I'M SURE THEY WILL KNOW. OKAY.
I'M MAKING SURE EVERYTHING IS COVERED ON MY PART.
>> YOU ARE WELL KOPP. YOU ARE WELCOME.
[A. 20-2525 2001 Avenue D Unit 2003 Assemblee Evangelique Pour Christ, Inc. Shaun Coss]
ASSEMBLEEENI ANGELA GHEORGHIU LK POUR CHRIST-- ASSEMBLEE ANGELIQUE POUR CHRIST IS THE OWNER.
>> GOOD MORNING, SIR. >> GOOD MORNING.
I DON'T THINK-- WERE YOU SWORN IN EARLIER?
>> THIS IS CASE 20-2525 FOR 2001 AVENUE D, UNIT 2003.
FOR ASSEMBLEE EVANGELIQUE POUR CHRIST, INC.
OF PO BOX 51, FORT PIERCE, FLORIDA.
THE VIOLATIONS AT THE PROPERTY WERE FLORIDA BUILDING CODE SECTION, PERMIT REQUIRED. A VIOLATION WAS ENTERED APRIL 21, 2021. AN EXTENSION WAS RECORDED JULY 14, 2021. AN AFFIDAVIT OF NONCOMPLIANCE STARTING FINES WAS RECORDED JUNE 30, 2022.
IN ORDER. AN AFFIDAVIT OF COMPLIANCE STOPPING FINES WAS RECORDED JANUARY 25, 2023.
FINES ACCRUED FROM JUNE 30, 2022 THROUGH DECEMBER 2, 2022.
TOTALING $15,550, INCLUDING $50 OF RECORDING FEES.
THIS IS A LIEN REDUCTION. THERE ARE 7 CRITERIA TO CONSIDER FOR THE REDUCTION OF THIS LIEN. ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION IS MODERATE. TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS.
THE PERMIT WAS APPLIED FOR IN MAY OF 2021.
AND FINALLY ISSUED IN DECEMBER OF 2021.
IT ORIGINALLY EXPIRED WITHOUT ANY INSPECTION.
[01:05:01]
IT WAS RENEWED IN SEPTEMBER OF 2022.IT RECEIVED THE FINAL INSPECTION IN DECEMBER, 2022.
DUE TO THE DELAY IN WORK AND INSPECTIONS BEING COMPLETED, FINES ACCRUED. A LIEN WAS IMPOSED.
>> THE LENGTH OF TIME NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WAS TWO YEARS, ONE MONTH.
FOUR, THE NUMBER OF TIMES THE VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD SPECIAL MAGISTRATE OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS WAS ZERO. FIVE, THE NUMBER OF VIOLATION NOTICES, THE VIOLATOR HAS RECEIVED IN THE PAST.
AS WELL AS THE NATURE AND FINAL DISPOSITION OF EACH NOTICE.
THERE WAS ONE. THE PERMIT AND INSPECTIONS WERE EVENTUALLY OBTAINED. SIX, WHETHER TO WHAT EXTENT THERE ARE EXTENUATING FACTORS PREVENTING TIMELY COME COMPLIANCE. THE CONTRACTOR ENCOUNTERED DIFFICULTIES OBTAINING THE NECESSARY DRAWINGS DUE TO THE ILLNESS OF THE ENGINEER. HE SUBSEQUENTLY STRUGGLED TO COMPLETE THE JOB DUE TO ONEROUS DIFFICULTY AND PAYING FOR THE WORK. 7, WHETHER TO WHAT EXTENT THERE ARE PENDING VIOLATION PROCEEDINGS ON THE SUBJECT PROPERTY OR ANY OTHER PROPERTY WITHIN THE CITY OWNED BY THE RESPONDENT. THERE IS ONE.
THE RESPONDENT IS REQUESTING THAT THE LIEN BE REDUCED TO ZERO DOLLARS. STAFF HAS CALCULATED THE ADMINISTRATIVE COSTS IN THIS CASE TO BE $2,071.20.
INCLUDING $250 FOR THE APPLICATION FEE.
PURSUANT TO THE RULES AND PROCEDURES, STAFF'S RECOMMENDATION IS TO REDUCE THE LIEN.
TO THE ADMINISTRATIVE COST OF $20,71.20.
>> ANYTHING FURTHER? >> NOT AT THIS TIME.
THANK YOU. >> AND STATE YOUR NAME.
>> ROD RIC WALLER. >> YOU ARE HEARD THE RECOMMENDATION OF MR. COSS FROM THE CITY OF FORCE PIERCE?
>> YES, MA'AM. >> HOW DO YOU RESPOND TO THAT?
>> WE ACCEPT THE OFFER. WE WOULD LIKE TO HAVE A LITTLE TIME. MAYBE SIX MONTHS TO MAKE THE
I CAN REDUCE IT BASED ON THE AGREEMENT BETWEEN THE PARTIES.
BUT NOW, IF YOU DON'T PAY IT WITHIN THE SIX MONTHS YOU HAVE REQUESTED, IT IS GOING TO REVERT BACK TO THE ORIGINAL AMOUNT.
>> YES, MA'AM. WE UNDERSTAND THAT.
>> OKAY. BASED ON THE STIPULATION BETWEEN THE PARTIES, I WILL REDUCE THE LIEN TO $2,071.20.
AND WHEN CAN YOU MAKE YOUR FIRST SNAIMENT.
>> AS SOON AS-- ON THE FIRST OF THE MONTH.
>> ALL RIGHT. THE FIRST OF THE MONTH.
>> IF I COULD ALSO ASK THAT THE COPY OR THE DOCUMENTS BE SENT TO THE CHURCH AND ME AS WELL. THEY ARE NOT ENGLISH-SPEAKING, AND THAT WAS A LOT OF THE PROBLEMS THAT GOT US HERE IN THE
FIRST PLACE. >> DO WE HAVE HIS INFORMATION TO
>> OKAY. >> WE'VE GOT MR. DEROCHES.
>> YES. THAT IS THE PASTOR OF THE CHURCH. YES, MA'AM.
>> WE HAVE YOUR NAME ON RECORD, TOO?
>> YES, MA'AM. I'M THE CONTRACTOR.
[C. 22-572 516 N 22nd St Unit A Bustamante, Enoe & Shannon Shaun Coss]
>> THE NEXT CASE IS 7C. 22-572, 516 NORTH 22ND STREET. UNIT A.
ENOE AND SHANNON BUSTAMANTE ARE THE OWNERS.
>> GOOD MORNING, MAGISTRATE ROSS.
I LIVE THREE HOURS AWAY FROM FORT PIERCE.
I HIRED-- I HAVE BEEN THROUGH THE RINGER.
I HAVE BEEN THROUGH EVERYTHING YOU CAN IMAGINE HERE IN FORT PIERCE: I HAD MY HEART SET ON FORT PIERCE.
I INVESTED ALMOST ALL MY LAST DOLLARS INTO FORT PIERCE.
I MAKE THE DRIVE PRETTY AWRVE. I CAME 4:00 IN THE MORNING TODAY TO MAKE IT ON TIME. AND I'M HERE BECAUSE IF IT WASN'T ONE THING OR ANOTHER, THE FIRST PEOPLE THAT I HAD HELPING ME HERE IN FORT PIERCE LED ME INTO BAD SITUATIONS WHICH LED TO THE PERMIT ISSUES IN THE FIRST PLACE.
WHICH IN RETURN, LED TO SOMEONE ELSE TAKING OVER FOR THEM TO FIX THE ISSUES. AND ERADICATE THE FINES.
WHICH I THINK I'M UP TO PAYING ALMOST $10,000 SO FAR TO THE CITY OF FORT PIERCE TO MAKE EVERYTHING RIGHT.
BECAUSE THAT IS JUST HOW I AM. I DO EVERYTHING BY THE BOOK.
I DON'T LIKE TO DO ANYTHING DELINQUENT.
THE MOMENT THAT WE WERE TOLD ABOUT THE PERMIT ISSUES, I TOLD THEM WHATEVER IT TAKES. I PAID WHAT I HAD TO BE PAID.
[01:10:03]
THE WORK IMMEDIATELY GOT STARTED.ALL THE WORK WAS DONE. AS OF NOW, EVERYTHING HAS BEEN CLOSED OUT OFFICIALLY. BUT MONTHS BACK, I HAD TOLD THEM, I WAS, LIKE, HEY, I RECEIVED THE LETTER IN THE MAIL FOR $1,000 AND LIENS ON MY PROPERTY BECAUSE YOU DIDN'T CLOSE US OUT IN TIME. HE TOLD ME, LISTEN, YOU DON'T HAVE TO DRIVE UP HERE. IT HAS ALL BEEN HANDLED.
EVERYTHING IS GOOD, MAN. JUST TRUST ME.
RELAX WITH YOUR FAMILY. EVERYTHING IS FINE.
I WAS, LIKE, OKAY. HE HANDLED EVERYTHING.
EVERYTHING HAS BEEN CLOSED OUT. OUT OF NOWHERE, MY WIFE IS, LIKE, CAN YOU BELIEVE HAPPENED? LOOK WHAT CAME IN THE MAIL.
THEY NEVER CLOSED THAT OUT IN TIME.
EVERYTHING IS CLOSED OUT NOW OFFICIALLY.
WE ARE COMPLETELY IN COMPLIANCE. ALL OF THAT HAD BUILT UP TO WHAT IT IS NOW. I BELIEVE IT IS, LIKE, $9,000 IN FINES. I'M JUST HERE TO PLEASE, LIKE, THIS IS A DETERRENT IN EVERYTHING I'M TRYING TO DO.
I HAVE MEETINGS WITH THE PLANNING AND ZONING DEPARTMENT.
KEVIN FREEMAN. I USED TO MEET WITH JENNIFER ABOUT PLANTING TREES. I OWN SEVERAL LOTS THAT WERE, YOU KNOW, FULL OF GARBAGE. I'M TRYING TO CLEAN UP EVERYWHERE THAT I CAN. THIS IS A DETERRENT ON EVERYTHING THAT I'M TRYING TO DO TO HELP OUT HERE IN FORT PIERCE.
I'M ASKING THAT YOU GUYS WORK WITH ME ON THESE VIOLATIONS, AND THAT IS WHY I'M HERE TODAY. I DIDN'T WANT TO DO IT BY THE PHONE. I WANTED TO DO IT HEART TO HEART
[D. 22-579 516 N 22nd St Unit B Bustamante, Enoe & Shannon Shaun Coss]
MR. COSS? >> SPECIAL MAGISTRATE, ITEM 7C AND 7D ARE SUBSTANTIALLY THE SAME.
THE SAME VIOLATION AND THE SAME AMOUNTS AND FINES.
LY READ THEM TOGETHER, IF THAT IS OKAY WITH YOU.
>> THAT IS FINE. >> 22-572 FOR 516 NORTH 22ND STREET UNIT A. AND CASE 22-579, FOR 516 NORTH 22ND STREET UNIT B. THE PROPERTIES OWNED BY ENOE AND SHANNON BUSTAMANTE. THE VIOLATIONS AT THE PROPERTY WERE FLORIDA BUILDING CODE SECTION 105.1, PERMIT REQUIRED.
THIS MATTER CAME BEFORE YOU AUGUST 16, 2022.
AN ORDER-DETERMINING VIOLATION WAS ENTERED.
OCTOBER 20, 2022, A 90-DAY EXTENSION OF TIME WAS GRANTED.
ON FEBRUARY 7, 2023, AN AFFIDAVIT OF NONCOMPLIANCE WAS RECORDED STARTING THE FINES. ON MARCH 7, 2023, AN ORDER-ASSESSING FINE AND IMPOSING LIEN WAS RECORDED.
ON MARCH 23, 2023, AN AFFIDAVIT OF COMPLIANCE WAS RECORDED, STOPPING THE FINES. IN EACH CASE, FINES RAN FROM FEBRUARY 7, 2023 THROUGH MARCH 23, 2023, TOTALING $4,450 FOR EACH CASE. STAFF HAS RECEIVED THE LIEN REDUCTION REQUEST. THE RESPONDENT IS REQUESTING THAT THE LIEN BE REDUCED TO $250 FOR EACH CASE.
THERE ARE 7 CRITERIA TO CONSIDER.
IN THESE REDUCTIONS. ONE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION IS MODERATE. TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS.
AND THE PERMIT FOR THE MAJORITY OF THE WORK WAS INITIALLY EXPIRED WITH NO INSPECTIONS. THE PERMIT WAS RENEWED TWICE AND FINALLY RECEIVED ALL NECESSARY INSPECTIONS.
SEPARATE PERMITS FOR PLUMBING AND AIR-CONDITIONING WERE ALSO OBTAINED. AND RECEIVED NECESSARY INSPECTIONS. THREE, THE LENGTH OF TIME NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WAS ONE YEAR, ONE MONTH. FOUR, THE NUMBER OF TIMES THE VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD, SPECIAL MAGISTRATE OR OTHER QUASI-JUDICIAL OR JUDICIAL PROCESS.
FIVE, THE NUMBER OF VIOLATION NOTICED, THE VIOLATORS RECEIVED IN THE PAST AS WELL AS THE NATURE AND FINAL DISPOSITION OF EACH NOTICE. TWO, BOTH CASES PERTAIN TO THE DUPLEX. PERMIT WERE OBTAINED AND NECESSARY INSPECTIONS WERE COMPLETED.
FINES ACCRUED AND A LIEN WAS RECORDED.
SIX, WHETHER TO WHAT EXTENT THERE ARE EXTENUATING FACTORS PREVENTING TIMELY COMPLIANCE SUCH AS UNAVOIDABLE PERSONAL HARDSHIP. THE OWNER WAS UNDER THE IMPRESSION THAT THE PERMITS WERE CLOSED AND RECEIVED NECESSARY INSPECTIONS. AND 7, WHETHER TO WHAT EXTENT THERE ARE PENDING VIOLATION PROCEEDINGS ON THE PROPERTY OR ANY OTHER PROPERTY. THERE IS ONE.
STAFF HAS CALCULATED THED A MONEY STRAY TY COST IN THESE CASES. FOR CASE 22-572, THE ADMINISTRATIVE COSTS ARE $1,464.05.
FOR CASE 22-579, THE ADMINISTRATIVE COSTS ARE $1,
[01:15:06]
$1,465.05. THERE IS A DIFFERENCE OF ONE DOLLAR IN BETWEEN THESE TWO CASES.STAFF'S RECOMMENDATION IS TO REDUCE THE LIEN TO THE ADMINISTRATIVE COST PURSUANT TO THE RULES OF PROCEDURE.
>> MR. COSS, IS THAT FOR BOTH CASES?
>> THAT WOULD BE FOR EACH CASE. SO FOR CASE 22-572, STAFF'S RECOMMENDATION IS TO REDUCE THE LIEN TO $1,464.05.
AND FOR CASE 22-579, TO REDUCE THE LIEN TO $1,465.05.
>> NOT AT THIS TIME. THANK YOU.
>> HOW DO YOU RESPOND TO THAT? >> I'M RESPONDING BY JUST SAYING THAT AS FAR AS DELINQUENCY OR, YOU KNOW, IGNORING OR DOING ANYTHING PURPOSELY, NONE OF THAT WAS DONE.
IT HAS BEEN DIFFERENT CONTRACTORS.
IT HAS BEEN ME TRYING TO ATTACK IT FROM AFAR AND FINALLY GETTING TO THE CORE GROUP OF GUYS I CAN RELY ON HERE.
AND WORK WITH HERE. I HAVE BEEN COMPLYING.
EVERYTHING HAS BEEN CLOSED OUT. I HAVE BEEN DOING EVERYTHING YOU ASK OF ME. I'M JUST ASKING FOR, YOU KNOW, SOME LENIENCY. AND SOMETHING THAT I'M ACTUALLY DOING THAT IS, YOU KNOW, GOOD. I'M TRYING TO LEAVE BEAUTIFULLY PAINTED NICE PROPERTY WITH NICE LANDSCAPING.
AND IT IS GOOD FOR THE AREA OF LINCOLN PARK.
I'M ASKING FOR LENIENCY. IT IS HARD TO SWALLOW $1,500 WHEN I WAS REALLY HONESTLY TRYING TO COMPLY IN EVERY WHICH
WAY THAT I COULD. >> SPECIAL MAGISTRATE, STAFF IS APPRECIATIVE OF THE WORK THAT HAS BEEN DONE TO THE PROPERTY, BRINGING THESE INTO COMPLIANCE. WE ARE LIMITED BY THE RULES OF PROCEDURE TO NOT MAKE A RECOMMENDATION LOWER THAN THE ADMINISTRATIVE COST. THAT REMAINS OUR RECOMMENDATION.
>> YOU UNDERSTAND THAT? >> BASICALLY, DOESN'T MATTER.
YOU STILL HAVE TO PAY THE-- WHAT WAS THE FINAL?
$1,465.05. >> I GUESS I DON'T HAVE A
CHOICE. >> I'M SHOWING THAT WOULD BE A TOTAL OF $3,109.10 TOTAL? IF I DID THE MATH RIGHT.
THAT MIGHT NOT BE RIGHT. >> $2,229.10.
>> 2,229.09. >> AS YOU CAN SEE FROM PREVIOUS HEARINGS, WE GIVE YOU A PAYMENT PLAN.
>> YEAH. MAKE SURE IT IS SOMETHING YOU CAN PAY. BECAUSE IF YOU DON'T PAY IT
WITHIN THAT SIX MONTHS -- >> FIRST PAYMENT WILL BE ON THE
FIRST OF-- THE UPCOMING MONTH. >> OKAY.
IF YOU DON'T PAY IT, IT REVERTS BACK TO THE ORIGINAL AMOUNT.
BASED ON THE STIPULATION TO THE PARTIES, AND THE FIRST CASE.
CASE NUMBER 22572. WE WILL REDUCE THAT AMOUNT TO $1,464.05. AND THEN 22579: WE WILL REDUCE THAT TO $1,465.05. FIRST PAYMENT WILL BE DUE ON
JUNE 1? >> WILL I RECEIVE SOMETHING IN
THE MAIL AS FAR AS HOW TO PAY? >> YOU WILL GET AN ORDER.
REMEMBER, YOU HAVE TO PAY IT. YOU CAN MAKE MONTHLY INSTALLMENTS. HOW LONG DO YOU THINK IT WILL
TAKE YOU TO PAY IT? >> SIX MONTHS.
>> OKAY. SIX MONTHS, MADAM CLERK.
[A. 21-665 1215 Boston Ave National Debt Relief Services Inc. Logan Winn]
[01:20:02]
>> NEXT CASE IS 8A. CASE 21-665, 1215 BOSTON AVENUE, NATIONAL DEBT RELIEF SERVICES, INC.
IS THE OWNER. >> AND THIS IS CASE 21-665 FOR 1215 BOSTON AVENUE. NATIONAL DEBT RELIEF SERVICES, IPG. OF 12856, SOUTHWEST PEMBROKE PINES, FLORIDA. THE VIOLATIONS AT THE PROPERTY ARE FLORIDA BUILDING CODE SECTION 105.1.
PERMIT REQUIRED. INTERNATIONAL PROPERTY MAINTENANCE CODE 05.3, INTERIOR SURFACES.
AND THIS MATTER CAME BEFORE YOU OCTOBER 20, 2021.
IAN ORDER-DETERMINING VIOLATION WAS ENTERED.
A 90-DAY EXTENSION OF TIME WAS RECORDED FEBRUARY 3, 2022.
AN AFFIDAVIT OF NONCOMPLIANCE STARTING FINES WAS RECORDED MAY 9, 2022. THIS CASE IS STILL IN VIOLATION.
AS YOU MAY RECALL, THIS CASE WAS PRESENTED BEFORE YOU LAST MONTH.
THE STAFF RECOMMENDATION AT THAT TIME, WAS TO INPOSE A LIEN.
AT THE LAST HEARING, SPECIAL MAGISTRATE, YOU RESTARTED THE FINES. BUT HELD OFF ON IMPOSING THE LIEN FOR ANOTHER MONTH. TO ALLOW THE RESPONDENT AN OPPORTUNITY TO OBTAIN ADDITIONAL PERMITS AND INSPECTIONS FOR THE WORK THAT HAD BEEN DONE. I RECEIVED AN EMAIL FROM THE RESPONDENT YESTERDAY AT 4:20. HE HAS INDICATED THAT-- IN PART, HE INDICATED THAT THE BUILDING THAT HAS BEEN PAINTED, THE PROPERTY WAS PURCHASED WITH TWO A.C. UNITS IN PLACE.
THEY ARE WORKING WITH LICENSED MECHANICAL CONTRACTOR AND ENGINEER TO PULL PERMITS. THAT THERE WAS AN INSPECTION COMPLETED LAST WEEK. STUCCO HAS BEEN COMPLETED.
THE A.C. HAS BEEN INSTALLED. INSPECTIONS HAVE BEEN SCHEDULED.
I DID PULL A REPORT OF THE PROPERTY WITHIN THE PAST MONTH.
SPECIAL MAGISTRATE NO, ADDITIONAL PERMITS HAVE BEEN OBTAINED. ALTHOUGH THE RESPONDENT HAS INDICATED THAT INSPECTIONS ARE SCHEDULED, NO INSPECTIONS ARE CURRENTLY SCHEDULED AT THIS TIME.
I DID CHECK THAT AGAIN THIS MORNING AT 7:44 A.M.
THERE ARE NO OUTSTANDING INSPECTION REQUESTS AT THIS TIME. STAFF'S RECOMMENDATION IS TO IMPOSE A LIEN ONCE THE WORK IS COMPLETED AND THE CASE IS COMPLIED. THE RESPONDENT IS MORE THAN WELCOME TO COME BACK AND REQUEST A REDUCTION.
>> ANYTHING FURTHER? >> NOT AT THIS TIME, THANK YOU.
>> STATE YOUR NAME FOR THE RECORD.
>> RODERICK WALLER. >> YOU ARE THE CONTRACTOR.
>> YES, MA'AM. >> HOW DO YOU WANT TO RESPOND?
>> WELL, ACTUALLY, IT SEEMS TO BE SOME CONFUSION.
I THINK WE MIGHT HAVE IT CLEARED UP.
THE CONFUSION, AND YES, PROBABLY MY FAULT, IS THE VIOLATIONS SEEMS TO BE ON TWO SEPARATE STRUCTURES ON THE SAME PROPERTY.
TO MY UNDERSTANDING. A PERMIT HAS BEEN OBTAINED AND WORK HAS BEEN DONE ON A STRUCTURE IN THE BACK WHICH IS CONVERTING THE GARAGE INTO A TYPE OF GAME ROOM OR WHATEVER TYPE OF STRUCTURE. I WAS NOT AWARE UNTIL LAST WEEK THAT SOME VIOLATIONS WERE ON THE MAIN STRUCTURE AS WELL.
I WAS THINKING THE A.C. PROBLEM WAS ON THE BACK UNIT.
IT WAS CLARIFIED AND BROUGHT TO MY ATTENTION IT WAS FOR THE FRONT UNIT. AS WELL AS THE GRAFFITI HAS BEEN TAKEN CARE OF. AND I'M ASKING STAFF IF WHAT I JUST SAID IS CORRECT. SO THAT WE CAN CORRECT THOSE
ISSUES. >> THAT IS CORRECT, SPECIAL
>> SO THE-- I GUESS IT IS ONE, IF YOU WILL, HEARING OR PROBLEM WHILE THE BACK UNIT IS IN COMPLIANCE.
BECAUSE IT HAS AN OPEN PERMIT AND IS COMPLIANT WITH THE PERMIT REGULATIONS OF HAVING INSPECTIONS AND THE PERMIT IS GOOD FOR SIX MONTHS. THAT IS IN COMPLIANCE.
TO MY UNDERSTANDING, THE A.C. CONTRACTOR SHOULD HAVE US PERMITS SOON. THE PROBLEM AND ISSUE WITH THAT, IF THE COURT COULD GIVE US SOME LENIENCY, THE PERMIT OR EXCUSE
[01:25:01]
ME. THE A.C. AND THE AIR HANDLER DON'T MATCH. SO I'M HAVING TO GET THE ENGINEER TO DO PAPERWORK. THAT IS WHY WE HAVEN'T SUBMITTED YET. WE ARE MAKING SURE THE ENGINEER WILL CERTIFY THAT THE AIR HANDLER AND THE UNIT OUTSIDE WILL MATCH. AND IF I'M NOT MISTAKEN, THAT SHOULD BE THE TIME-- THAT SHOULD BE THE FINAL THING THAT PUTS US IN COMPLIANCE. SO WE ARE ASKING IF WE COULD GET A LITTLE EXTRA TIME TO ALLOW THAT TO TRANSPIRE.THE ENGINEER TOLD US TO GIVE HIM AT LEAST 30-60 DAYS TO DO THAT.
WE HAVE SENT HIM THE SERIAL NUMBERS AND ALL THAT GOOD STUFF.
TRYING TO GET THE AHRIS FOR THE A.C. UNIT TO CORRECT THAT ISSUE.
THANK YOU. >> ANYTHING FURTHER?
>> SINCE THE FINES HAVE BEEN RESTARTED ALREADY, THE STAFF'S RECOMMENDATION IS THAT THE FINES CONTINUE TO ACCRUE UNTIL THE CASE IS BROUGHT INTO COMPLIANCE. IT IS STILL OUR RECOMMENDATION THAT A LIEN BE IMPOSED. BECAUSE AGAIN, THE OWNER COULD COME BACK AND REQUEST A LIEN REDUCTION ONCE THE CASE IS
THERE HAVE BEEN A NUMBER OF COURT HEARINGS ON THIS PROPERTY.
THE CASE WAS INITIATED MARCH 23 OF 2021.
AND IT WAS JUST A CONSTANT PRESENCE IN THIS COURT.
I DO MEAN SPECIAL MAGISTRATE IN, GENERAL.
AND WE RESTARTED THESE ON MARCH 21, 2023.
AND THE CASE WAS CONTINUED UNTIL TODAY.
I KNOW YOU ARE WORKING HARD. BUT --
>> IF I MAY. WE HAD OBTAINED A PERMIT AND THOUGHT THAT WE WERE COMPLYING. AND THEN THE LAST HEARING, WHEN MY PARTNER MR. BROOKS CAME TO THE HEARING, WHEN WE RETURNED TO THE OFFICE, WE DISCUSSED AND THEN FOUND OUT WE CONTACTED MR. COSS AND FOUND OUT THAT THE A.C. UNIT THAT WE THOUGHT WAS TAKEN CARE OF WAS FOR THE FRONT UNIT BECAUSE IN THE BACK UNIT, DIDN'T HAVE ANY A.C. SO WE WERE SOME CONFUSION.
UP UNTIL THEN, WE ASSUMED WE WERE IN COMPLIANCE.
SINCE LEARNING THAT, IT WAS THOSE A.C.S ON THE FRONT UNIT, WE HAVE SINCE HANDLED THAT. AND HAD WE KNOWN, WE REALLY WOULDN'T HAVE BEEN IN ALL OF THESE MEETINGS, WASTING YOUR
TIME OR THE CITY'S TIME. >> ALL RIGHT.
ANYTHING FURTHER? >> THAT IS IT.
>> I'M GOING TO ALLOW THE PREVIOUS ORDER I ISSUED TO STAND. THAT THE FINES HAVE BEEN RESTARTED. AND THEY WILL CONTINUE UNTIL HE MAKES SOME COMPLIANCE HERE. THERE IS A WHOLE LOT OF COURT DATES HERE. AND NOT A LOT WAS DONE.
>> SO TO CLARIFY, WE ARE IN COMPLIANCE ONCE WE GET THE A.C.
PERMITS. >> ONCE ALL PERMITS HAVE BEEN ISSUED, ALL INSPECTIONS HAVE BEEN APPROVED AND THE PERMITS WERE CLOSED, THAT IS THE DATE OF COMPLIANCE.
>> SPECIAL MAGISTRATE, REGARDING THE LIEN, ARE YOU AUTHORIZING IT
TO BE IMPOSED AT THIS TIME? >> FINES WE RESTARTED.
I'M REINSTATING THAT SAME ORDER. >> OKAY.
WE ARE NOT PERMITTED TO FILE THE LIEN?
>> WE DID NOT FILE IT LAST TIME. YOU CONTINUED IT TO TODAY.
FOR THEIR PROGRESS. WE HAVE NOT IMPOSED THE LIEN.
WE ARE ASKING TO IMPOSE THE LIEN AT THIS POINT IN TIME.
>> ONCE THE SALEENA IMPOSED, THE FINES-- ONCE THE LIEN IS IMPOSED, THE FINES WILL CONTINUE.
THE LIEN WILL BE FILED IN OFFICIAL RECORDS.
>> MR. WALLER, HOW SOON DO YOU THINK YOU COULD GET GOING ON
THIS PROPERTY? >> WELL, WE ARE ALREADY WORKING ON-- THERE IS-- I DON'T MEAN TO BE REDUNDANT.
>> THE ONLY PROBLEM IS THE A.C. UNITS.
WE WILL HAVE THAT CAKE-- TAKEN CARE OF VERY SOON.
NO MORE THAN 0 DAYS. THE ENGINEER TOLD ME HE WOULD HELP AND GET THINGS GOING. SO-- AND WHERE I'M STILL NOT
[01:30:04]
UNDERSTANDING IS THE ORDER OF THE DOCUMENT INDICATED, ONCE HE WAS FOUND IN VIOLATION AND SAID THAT ONCE PERMITS WERE OBTAINED, HE WOULD BE IN COMPLIANCE. THAT IS WHY WE THOUGHT WE WERE IN COMPLIANCE. AND AGAIN, WITH THE A.C. UNITS, AND I'M ASSUMING EBB, AGAIN, ACCORDING TO THE VIOLATION, IT SAYS ONCE WE OBTAIN A PERMIT. I'M ASSUMING ONCE WE GET THE A.C. PERMIT, WE SHOULD BE IN COMPLIANCE.THE FINES SHOULD STOP. >> RIGHT.
YOU GOT TO DO THAT. >> THAT IS NOT WHAT WAS SAID.
WE WILL GET THE A.C.-- I'M DRIVING TO MEET THE ENGINEER TONIGHT AND KIND OF PUSH HIM SO THAT I KNOW WITHIN 30 DAYS, WE SHOULD HAVE THAT IN COMPLIANCE. ONCE WE HAVE THOSE PERMITS, WE WON'T HAVE TO WORRY ABOUT THE FINES.
WE WILL HAVE THE PERMITS NECESSARY.
WE WILL GO THROUGH THE PROCESS. THE ENGINEER WILL PROBABLY DO A LETTER TO SERVE AS THE INSPECTION.
SO THAT SHOULD CURE THAT PART. >> I THINK I'M GOING TO LET IT STAND, IMPOSE A LIEN ON THE PROPERTY AND RESTART THE FINES.
YOU WORK WITH THE CITY. THEY WILL WORK WITH YOU.
THIS CASE IS OLD. >> THAT IS CORRECT.
TO CLARIFY, I JUST WANTED TO MAKE SURE ONCE WE OBTAINED THE PERMIT FOR THE A.C., WE SHOULD BE IN COMPLIANCE.
>> OH, YOU CAN COME BACK IN HERE, AND WE WILL ADDRESS IT.
>> OH, OKAY. I WANT A COLLAR CLARIFICATION.
>> IT IS NOT PERMANENT. WE HAVE TO DO SOMETHING HERE TO
GET THIS MOVING. >> SPECIAL MAGISTRATE, STAFF IS NOT IN AGREEMENT WITH THE STATEMENT THAT WAS JUST MADE.
THE ORDER-DETERMINING VIOLATION PROVIDES OBTAIN A PERMIT FOR THE WORK PERFORM AND ADHERE TO CONDITIONS OF THE PERMIT.
CONDITIONS OF THE PERMIT ARE TO OBTAIN INSPECTIONS EVERY 180 DAYS. UNTIL THE PERMIT HAS BEEN CLOSED. THAT HAS BEEN OUR STANDARD LANGUAGE ON THESE ORDERS FOR THE PAST SEVERAL YEARS.
IT IS OUR INTENT THAT THE PERMIT HAS TO BE PROPERLY CLOSED BEFORE THE VIOLATION IS COMPLIED. MERELY OBTAINING THE PERMITS
DOES NOT COMPLY THE VIOLATIONS. >> WE HAVE HAD INSPECTION WITHIN 120 DAYS. WE JUST HAD ONE THREE WEEKS AGO.
TWO WEEKS AGO. >> LET THE CITY KNOW, AND MEN THE, YOU KNOW, IF YOU NEED TO COME BACK IN HERE, THAT IS FINE.
I APPRECIATE THE TIME. >> YES.
>> HE WILL NEED IT. >> MISS ROSS? I WANTED TO GO AHEAD AND---HOLD ON.
HOLD ON. STATE YOUR NAME FOR THE RECORD.
>> I'M SORRY. SHANNON BUSTAMANTE.
>> WHILE I HAVE THE MONEY, I WANTED TO PAY ON MY CREDIT CARD
IMMEDIATELY AND CLOSE THAT OUT. >> YOU WILL NEED THE ORDER.
>> I NEED TO SIGN AN ORDER. >> BECAUSE OTHERWISE-- WELL --
>> YOU COULD MAKE A PARTIAL PAYMENT UNDER THEIRS.
IT WOULD BE HONESTLY, JUST CLEANER FOR YOUR PURPOSES,-- THE ORDER, WILL WE HAVE IT TODAY OR TOMORROW?
WHAT YOU COULD DO IF YOU WANTED TO PAY TODAY, MAKE THE PAYMENT FOR THE AMOUNT. I THINK IT WAS $2,000-SOMETHING.
WHAT YOU WOULD NEED TO DO IS TELL FINANCE YOU ARE PAYING THIS AMOUNT ON THIS CASE. THIS AMOUNT ON THAT CASE.
THE RISK YOU RUN, THOUGH, IS THAT WOULDN'T CLEAR IT OUT TODAY. IT IS GOING TO SHOW THE LARGER AMOUNT. IF YOU WERE ABLE TO WAIT UNTIL TOMORROW, ONCE THE ORDER WAS SIGNED --
>> IT WILL BE COMBINED ALREADY? >> IT WILL BE DOWN TO THE REDUCED AMOUNT. FINANCE WILL SEE THAT REDUCED
AMOUNT. >> I COULD DO THAT OVER THE
PHONE WITH A CREDIT CARD? >> LIZ, CAN HE PAY?
>> NO. WE CAN SEND YOU SOMETHING ON-LINE. YOU CAN PAY THAT WAY.
YOU CAN PAY BY CREDIT CARD THAT WAY.
>> I DON'T HAVE TO DRIVE BACK. >> YES.
YOU DON'T HAVE TO DRIVE BACK. >> THEY ARE USUALLY PROMPT GETTING THOSE ORDERS DONE. TRUST ME.
I'LL BE HERE TOMORROW. >> OKAY.
THANK YOU. >> WE HAVE YOUR EMAIL ADDRESS.
>> YES. YOU WANT TO WRITE IT DOWN JUST
>> THANK YOU. >> SORRY TO BOTHER YOU.
[B. 22-2605 2509 Avenue N Unit A Alexander, Sandra M Bryant, Charles E (Est) Gerard Mezzina ]
>> OUR NEXT CASE IS 5B. CASE 22-2605.
2509 AVENUE N, UNIT A. ALEXANDRA AND CHARLES BRYANT ARE
CASE 22-2605. 2509 AVENUE N, UNIT A.
[01:35:07]
ALEXANDRA AND CHARLES BRYANT. CASE INITIATED SEPTEMBER 1, 2022. OWNERS ALSO, SANDRA ALEXANDRA, CHARLES E. BRYANT, 2304 AVENUE P, FORT PIERCE, FLORIDA.34950. VIOLATIONS: FLORIDA BUILDING CODE 105.1. PERMIT REQUIRED.
CORRECTED ACTIONS. OBTAIN A PERMIT TO REPAIR AND REPLACE ALL FIRE DAMAGE WIRING, ELECTRICAL FIXTURES, DRYWALL, SOFFIT AND FASCIA. ANY STRUCTURAL DAMAGE WILL BE REQUIRED, SIGNENED AND SEALED REPAIR PLANS, DESIGNED BY A REGISTERED DESIGN PROFESSIONAL. RECOMMENDATIONS: THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THIS VIOLATION EXISTS, THE VIOLATOR WILL BE GIVEN 60 DAYS TO OBTAIN A PERSONAL, 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 OTHER VIOLATIONS DESCRIBED IN THE ORDER, NOT REQUIRED, A PERMIT OR A FINE OF $100 TO BE ASSESSED. I HAVE PICTURES.
>> THIS CASE HAS COME IN HERE BEFORE?
>> I'M SORRY? >> HAS THIS CASE COME IN HERE
I'M SORRY. SPECIAL MAGISTRATE, THIS IS THE THIRD TIME THAT THIS HAS BEEN HERE.
>> OKAY. >> THERE ARE NO PERMITS TO BE-- I'M SORRY. THERE ARE NO PERMITS TO REPAIR THE INTERIOR YET. THERE ARE PERMITS ISSUED FOR THE ROOF, INTERIOR DEMOLITION, AND TO REPAIR ANY BURNT STRUCTURES.
ACTUALLY, I JUST DID THE FINAL ON THE ROOF LAST WEEK.
BUT THAT IS ALL THAT'S BEEN DONE.
TO THIS CASE. >> MR. MEZZINA, DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS
WE WILL MOVE THOSE IN AS CITY'S COMPOSITE EXHIBIT 1.
>> OH, THANK YOU. >> AND TO BE CLEAR, THE INSPECTION YOU REFERENCED, THAT IS UNRELATED TO THE VIOLATIONS
HERE TODAY. >> THAT IS CORRECT.
THAT IS JUST THE ROOF. THE OTHERS ARE ALL STRUCTURAL
AND WIRE DAMAGE. >> WAS THIS A FIRE?
>> YES. BUT SINCE THEN, THEY HAVE PUT A NEW ROOF ON. AS I SAID, LAST WEEK.
>> YOU POSTED THIS ON JANUARY 6, 2023.
>> NO, MA'AM. THAT SHOULD COVER IT.
>> ALL RIGHT. I FIND THAT SANDRA ALEXANDRA IS NOT PRESENT. NEITHER IS THEIR REPRESENTATIVE ON BEHALF OF THE ESTATE OF CHARLES E. BRYANT.
I'M GOING TO GIVE THEM 90 DAYS TO OBTAIN A PERMIT.
BECAUSE I DO KNOW MRS. BRYANT DIED SOME TIME AGO.
I THINK SHE HAS BEEN SICKLY. I GIVE THEM 90 DAYS.
BUT 90 DAYS TO OBTAIN A PERMIT. OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS. AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COME LIE WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE IN ORDER, NOT REQUIRED IN THE PERMIT.
30 DAYS TO APPEAL. >> THE NEXT CASE IS 5C.
[C. 22-2732 1219 N 22nd Street Trudeen Multiservices LLC Gerard Mezzina ]
CASE 22-2732. 1219 NORTH 22ND STREET.TRUDEEN MULTISERVICES LLC IS THE OWNER.
>> YES. SPECIAL MAGISTRATE, THIS IS THE FIFTH TIME THAT THIS HAS BEEN HERE.
>> BEFORE THE SPECIAL MAGISTRATE.
22-2732, 1219, NORTH 22ND STREET.
CASE INITIATED SEPTEMER 8, 2022.
OWNER TRUDEEN MULTISERVICE LLC. 1219 NORTH 22ND STREET.
[01:40:01]
FLORIDA BUILDING CODE, 105.1. PERMIT REQUIRED.CORRECTIVE ACTIONS. OBTAIN A PERMIT FOR ADDITIONAL.
THAT WAS BUILT-- ADDITION WAS BUILT WITHOUT A PERMIT INCLUDING MCAL, ELECTRICAL, AND PLUMBING, IF APPLICABLE.
THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATIONS EXIST, THE VIOLATOR 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.
COMPLYING WITH ALL PERMIT CONDITIONS AND CURING ALL VIOLATIONS DESCRIBED IN ORDER, NOT REQUIRED BY PERMIT OR A FINE OF $100 A DAY ASSESSED. AS I SAID, THIS HAS BEEN THE FIFTH TIME. I DO HAVE PICTURES.
>> A YOUNG MAN CAME IN HERE BEFORE ABOUT THIS PROPERTY?
>> YES, MA'AM. >> NOT TO MY KNOWLEDGE.
>> YES, MA'AM. >> HE WAS HERE THE LAST TIME.
>> HE FAILED TO APPEAR TODAY. >> I'M SURE HE WAS PROPERLY NOTICED, MADAM CLERK. RIGHT?
>> I APOLOGIZE. DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT VIOLATIONS? AT THIS TIME, WE WILL MOVE IN AS COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.
>> THEY WILL BE ADMITTED AS SUCH.
ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT NUMBER ONE, THE REPRESENTATIVE, THE R REGGIE LEWISSTERED AGENT S PROPERLY NOTIFIED AND IS NOT PRESENT. AND THAT HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I GIVE HIM 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS.
AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED.
COMPLIED WITH ALL OTHER PERMIT CONDITIONS AND CURE OTHER VIOLATIONS DESCRIBED IN THE IN ORDER.
HE HAS 30 DAYS TO APPEAL. >> THE NEXT CASE IS 5A.
[E. 23-148 705 S 29th St Unit 12C Orange Apartments LLC Logan Winn]
CASE 23-148. 705, SOUTH 29TH STREET.UNIT 12C. ORANGE APARTMENTS LLC IS THE OWNER.
>> ALL RIGHT, MR. WINN. WHEN YOU ARE READY.
>> CASE NUMBER 23-148. 705, SOUTH 29TH STREET.
UNIT 12C. CASE INITIATED JANUARY 4, 2023.
THE OWNER IS ORANGE AVENUE APARTMENTS, LLC, OF 5403 WEST GRAY STREET, TAMPA, FLORIDA. 33609.
IPMC305.3, 2021, INTERIOR SURFACES.
MAKE NECESSARY REPAIRS TO ANY WATER LEAKS, CAUSING DAMAGE TO WALLS. REPAIRS TO WATER-DAMAGED WALLS THAT ARE STAINED AND BUBBLING. TWO, OBTAIN A PERMIT FOR THE WATER HEATER INSTALLED WITHOUT A PERMIT.
THE RECOMMENDATION: THE CITY REQUESTED THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS.
THE VIOLATORS BE GIVEN 60 DAYS TO OBTAIN A PERMIT.
OBTAIN APPROVAL AT LEAST EVERY 180 DAYS UNTIL PERMIT HAS BEEN CLOSED. COMPLY WITH ALL PERMIT CONDITIONS. AND CURE ALL OF THE VIOLATIONS DESCRIBED IN THE IN ORDER, NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED. THERE IS NO PERMIT FOR THE WATER HEATER. ON THIS.
I DO HAVE A SET OF PICTURES AS WELL.
>> DO THEY FAIRLY AND ACCURATELY DEPICT VIOLATIONS AS YOU
>> COMPOSITE EXHIBIT 1 WILL BE ADMITTED.
THE PHOTOGRAPHS. >> IT WILL BE ADMITTED AS SUCH.
ALL RIGHT. I FIND THAT ON APARTMENTS LLC DOES NOT HAVE A REPRESENTATIVE HERE ON THEIR BEHALF.
HOWEVER, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND A VIOLATION EXISTS. AT 705, SOUTH 29TH STREET, UNIT 12C. THEY ARE THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL 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 IN ORDER, NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED.
THEY HAVE 0 DAYS TO APPEAL. THEY HAVE 30 DAYS TO APPEAL.
[G. 23-277 1010 Mayflower Rd Mas Perfume Management LLC Gerard Mezzina]
>> THE NEXT CASE IS 5G. CASE 23-277.
1010 MAYFLOWER, MAS PERFUME MANAGEMENT LLC IS THE OWNER.
[01:45:02]
1010MAYFLOWER ROAD. THE CASE WAS INITIATED IN FEBRUARY, 2023. THE OWNER, MAS PERFUME MANAGEMENT LLC. 12361 NORTHWEST 12TH STREET.FLORIDA BUILDING CODE. 105.1, PERMIT REQUIRED.
CORRECTIVE ACTIONS: OBTAIN A PERMIT FOR DEMOLITION WORK DONE AND THE EXTERIOR DOOR INSTALLED WITHOUT A PERMIT.
THE RECOMMENDATIONS: THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATIONS EXIST.
THE VIOLATOR 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 OTHER VIOLATIONS DESCRIBED IN THE ORDER OR A FINE OF $100 PER DAY SHOULD BE ASSESSED. THE PERMIT FOR THE DOOR WAS ISSUED. THE DEMO PERMIT WAS APPLIED FOR ON 5-10, 23. I DO HAVE PICTURES.
>> DO THEY FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS
>> COMPOSITE EXHIBIT 1. THE PHOTOGRAPHS.
>> THEY WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER? >> NO, MA'AM.
THAT SHOULD COVER IT. >> ALL RIGHT.
I FIND THAT MAS PERFUME MANAGEMENT LLC IS RESPONSIBLE FOR THE VIOLATION, BUT THEY ARE NOT PRESENT.
NEITHER IS THEIR REPRESENTATIVE ON THEIR BEHALF.
HOWEVER,LY FIND THAT A VIOLATION EXISTS AT 1010 MAYFLOWER ROAD.
THEY WILL 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 $100 BE ASSESSED.
THEY HAVE 30 DAYS TO APPEAL. >> YES, MA'AM.
>> THANK YOU. >> YOU ARE WELCOME.
[J. 23-455 604 Midway Road 169 Delray LLC Logan Winn]
>> THE NEXT CASE IS 5J. CASE 23-455, 604 MIDWAY ROAD.
169 DELLREY LLC IS THE OWNER. >> WHEN YOU ARE READY.
I'M SORRY. >> CASE NUMBER 23-455 OF 604 MIDWAY ROAD. CASE INITIATED FEBRUARY 22, 2023. THE OWNER IS 169 DELLRAY LLC OF LAKEVIEW DRIVE, DELRAY BEACH, FLORIDA.
34405. EXTERIOR STRUCTURE GENERAL.
CORRECTIVE ACTION. ONE, MAKE NECESSARY REPAIRS TO MAKE SAFE THE DAMAGED FRAMING, CRUMBLING CONCRETE.
THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS. THE VIOLATORS BE GIVEN 60 DAYS TO OBTAIN A PERMIT UNTIL THE PERMIT HAS BEEN CLOSED.
COMPLY WITH ALL PERMIT CONDITIONS AND CURE ALL VIOLATIONS DESCRIBED IN THE ORDER OR A FINE OF $14U7B PER DAY BE ASSESSED. THERE IS NO PERMIT ON THIS PROPERTY. THERE IS ALSO A SET OF PICTURES
THAT I HAVE. >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT?
>> AT THIS TIME, THE CITY WILL ADMIT COMPOSITE EXHIBIT 1, THE
PHOTOGRAPHS. >> THEY WILL BE ADMITTED AS SUCH. ANYTHING FURTHER?
THEN BASED ON THE EVIDENCE PRESENTED, I FIND THAT A VIOLATION EXISTS AT 604 MIDWAY ROAD.
AND THAT THE PARTY RESPONSIBLE FOR THE IT IS 169DELRAYLLC.
THEY ARE NOT PRESENT. NEITHER IS THEIR REPRESENTATIVE HERE ON THEIR BEHALF. I STILL FIND A VIOLATION EXISTS.
THEY WILL 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 $100 PER DAY BE ASSESSED. THANK YOU.
[B. 23-51 1706 Avenue D 1706 Ave D Investments LLC Gerard Mezzina]
>> THE LAST CASE IS 8B. CASE 23-511706.
AVENUE D. 1706 AVENUE D, INVESTMENTS LLC
WAS THE OWNER. >> SPECIAL MAGISTRATE, IN THIS CASE, AFTER THE HEARING, STAFF NOTICED THAT THERE WAS A
[01:50:02]
DEFICIENCY WITH PROPER NOTICE. STAFF HAS REQUESTED THAT YOUVACATE THIS ORDER. >> AND THAT IS ON THAT 1706
>> THAT IS YOUR REQUEST. THAT CASE WILL BE VACATED.
ANYTHING FURTHER? >> THAT IS IT.
FOR THE PARTIES NOT HERE, HOW WERE THEY NOTIFIED, MADAM CLERK?
>> PER STATE STATUTE, NOTICE OF HEARING WAS SENT TO THE VIOLATORS CERTIFIED MAIL. GREEN CARD IS RETURNED SIGNED AND IS PLACED IN THE FILE. THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED, THE NOTICE OF HEARING ENCLOSED-- AN AFFIDAVIT IS MAILED TO THE VIOLATOR.
TEN DAYS BEFORE THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD. IN THE LOBBY OF CITY HALL.
A NOTICE OF HEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING.
IF THE CERTIFICATION CARD IS NOT RETURNED TO THE BUILDING DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING, POSTING IS COMPLETED THE SAME WAY AS IF THE CARD WAS RETURNED UNCLAIMED.
>> ALL RIGHT. ING ANY FURTHER? WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.