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>>> SPECIAL MAGISTRATE HEARING OF WEDNESDAY, FEBRUARY 19, 2025 IS NOW CALLED TO ORDER. PLEASE STAND FOR THE PLEDGE OF
ALLEGIANCE. >> I 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. >> PLEASE REMAIN STANDING.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
PLEASE RAISE YOUR RIGHT HAND. AT DO YOU SWEAR OR AFFIRM THE[1. Case Number: LTCL-2024-37 Investigating Officer: Peggy Arraiz Violation Location: 910 N 13th St]
TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?>> YES . >> THANK YOU. YOU CAN BE SEATED.
OUR FIRST CASE TODAY WILL BE IN OLD BUSINES, PART OF OUR MASSEY HEARINGS AND THIS IS CASE NUMBER LTCL-2024-37 , 910 NORTH 13TH STREET. YOU CAN COME UP TO THE PODIUM IF YOU WOULD LIKE .
>> GOOD MORNING. >> SO, ON THIS PROPERTY, WE HAVE A TOTAL OF FIVE PIECES OF LAND IN THE SAME AREA AND WE HAVE HAD MULTIPLE GROUPS THAT HAVE DONE OUR MAINTENANCE. I HAVE A GOOD ONE NOW AND WE HAVE FOR THE PAST SIX MONTHS. CLASSIC LANDSCAPING.
WHAT IS HAPPENING, HE DID SOME DIGGING. HE PROVIDED SOME DETAIL BUT NOT ON TIME AND HE FOUND THAT ON THIS PROPERTY IN PARTICULAR IT IS BEING USED LIKE A DUMP GROUND SO HE LOOKED BACK THROUGH HIS NOTES FROM HIS STAFF THAT ARE DOING THE ACTUAL TRIMMING OF THE LAWN AND THE TREES AND EVERY TIME -- THE LAST NOTE HE HAD THEY JUST PULLED A REFRIGERATOR OFF THERE SO, AND I AM NOT A LOCAL RESIDENT. I LIVE IN ORLANDO SO I DON'T HAVE EYES ON IT AS OFTEN. RUSS HAS DONE A GOOD JOB TRIED TO GIVE ME DETAIL BUT I HAD NO IDEA WHAT WAS GOING ON SO A LOT OF THESE ISSUES HAVE BEEN A SURPRISE AND I HAVE IN TRYING TO MITIGATE IT. BEING OUT OF THE AREA. NOT YOUR FAULT. HE SAID IT IS KIND OF BEING USED AS A DRIVEWAY. IT HE DID RECOMMEND, AM I GOING I AM GOING TO DO THIS TODAY, TO PUT NO TRESPASSING AND NO DUMPING SIGNS ON THOSE. I WILL GO AND INSTALL THOSE ON THE PROPERTY. IT IS KIND OF BEING USED AS A DRIVEWAY SO IT IS EASY TO DUMP AND THERE IS A FENCE ON THE CORNER OF THE PROPERTY WHERE GARBAGE IS BEING JUMPED OVER THE FENCE SO I THINK WHAT IS HAPPENING, BUT I DON'T KNOW THIS FOR SURE, THEY WILL GO DO WORK ON IT AND THEN IT WILL QUICKLY GET FILLED BACKUP WITH DEBRIS OR TRASH OR WHATEVER.
SOMETIMES IT IS LAWN STUFF BUT SOMETIMES IT IS ACTUAL TRASH. I THINK THE ONLY WAY TO RESOLVE IT BEING I AM NOT GOING TO BE THERE IS PUT SIGNS UP AND FIGURE OUT HOW TO HAVE THAT MORE MONITORED.
>> SIR, IF I COULD JUST STOP YOU. WHAT IS YOUR NAME AND YOUR
RELATIONSHIP? >> THAT WOULD HAVE BEEN GOOD TO SAY. I AM ADAM RAMSAY AND I HIM WITH FPD OZ LAND HOLDINGS LLC,
THE COMPANY THAT OWNS THAT . >> WE WANTED TO LET USE WEEK AND TYPICALLY THE CITY WILL PRESENT INFORMATION FOR THE SPECIAL MAGISTRATE THEN YOU WILL BE HEARD ON WHY THERE SHOULD BE A REDUCTION IN THE FINES. SO, IF YOU DON'T MIND LETTING US PRESENT OUR EVIDENCE, WE HAVE HEARD YOU OUT BUT IF THERE IS ANYTHING ADDITIONAL TO SHARE, YOU CAN JUMP IN .
>> GOOD TO KNOW. >> GOOD MORNING, SPECIAL MAGISTRATE, THE COURT BEING PRESENTED IS LTCL-2024-37 AND THE LOCATION IS 910 NORTH 13TH STREET. THIS IS A MASSEY HEARING SO WE ARE DEALING WITH FINES AND THE NOTICE OF VIOLATION WAS INITIALLY ISSUED IN JULY 2024 WITH THE NOTICE TO APPEAR ON AUGUST 5TH WHICH WAS SENT CERTIFIED MAIL, REGULAR MAIL, AND POSTED AT THE PROPERTY. THE VIOLATOR IS FPD OZ LAND HOLDINGS LLC OUT OF OCALA, FLORIDA AND IT WAS CITED FOR 24-19(11)(A)(B),
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NUISANCES: LANDSCAPING REQUIREMENTS, FOR LESS THAN 3-ACRE PROPERTIES. ON AUGUST 21, 2024, SPECIAL MAGISTRATE PELLETIER FOUND THE OWNERS IN VIOLATION AND GAVE SEVEN DAYS TO COMPLY OR BE FINED $100 DAILY. SEPTEMBER 9, 2024, AFFIDAVIT OF NON-COMPLIANCE ISSUED. DAILY FINES STARTED AND FILE SENT TO VENDOR TO ADDRESS. DECEMBER 5, 2024, VENDOR CUT THE PROPERTY.DECEMBER 5, 2024, AFFIDAVIT OF COMPLIANCE ISSUED. FINES STOPPED. DECEMBER 27, 2024, MASSEY LETTER SENT TO OWNER.
JANUARY 25, 2025, RECEIVED MASSEY REQUEST. THE BALANCE THAT IS DUE IS $9,675 . THE HARD COST THAT WE PAID THE VENDOR FOR THIS PROPERTY WAS $875. SO, DO YOU NEED TO SEE THIS?
>> THAT IS OKAY. >> SO I AM GOING TO TURN THIS IN. THIS IS THE HARD COST FROM THE VENDOR AND A $100 ADMINISTRATIVE CHARGE THAT BRINGS IT TO $975 THAN THE DAILY FINES THAT RAN FROM THE TIME IT WAS FOUND NOT IN COMPLIANCE UNTIL THE VENDOR CUT IT WAS $8700 SO OF THIS 9675 GOT 8500 IS IN DAILY CAUSED. THE 975, THE ADMINISTRATIVE COSTS ARE THE HARD COSTS. I APOLOGIZE WE DID NOT BREAK THESE DOWN. WE USED THE REGULAR FORMAT NOT THE KING OF THE PROCESS THAT WE ARE IN NOW. THE ACTIONS TO CONSIDER ARE, THE GRAVITY OR SERIOUSNESS OF THE VIOLATION: MINOR. ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS: THE CITY TOOK THE NECESSARY STEPS TO ABATE THE NUISANCE. ANY PREVIOUS VIOLATIONS COMMITTED BY THE VIOLATOR: NONE. SO, THAT IS THE CITY INFORMATION TO PROVIDE TO YOU TO MAKE A DETERMINATION ON
HIS REQUEST. >> THE CITY WOULD MOVE INTO
EVIDENCE THE -- LANDSCAPING . >> CAN I ADD THE PHOTOS TO THAT
PLACE? >> SIR, WOULD YOU LIKE TO SEE
>> WHILE HE IS LOOKING AT THAT, I KNOW MR. RAMSAY MENTIONED THERE WAS DEBRIS AND TRASH ON THE LOT. MY UNDERSTANDING IS THIS WAS MOWING AND BUSHES. IS THAT CORRECT?
>> THAT IS CORRECT. OUR VENDOR ADDRESSED THE LANDSCAPING AND RAISING THE BUSHES UP. UNFORTUNATELY VACANT LOTS ARE AN ATTRACTION FOR PEOPLE TO ILLEGALLY DUMP AND WHEN HE IS DONE I WANT TO MAKE SURE HE UNDERSTANDS ABOUT THE OPTIONS.
MR. RAMSAY, I WANTED TO ADVISE YOU OF , YOU MENTIONED NO TRESPASSING SIGNS. THE ONES THAT I RECOMMEND THAT YOU GET ARE THROUGH THE POLICE DEPARTMENT. IT IS A SMALL FEE THROUGH THE POLICE DEPARTMENT LIKE EIGHT DOLLARS OR $10 BUT THE NO TRESPASSING SIGNS ISSUED BY THE POLICE DEPARTMENT ALLOW THE POLICE DEPARTMENT TO CLEAR ANYBODY ON THE PROPERTY THAT IS
NOT SUPPOSED TO BE THERE. >> OKAY. THANK YOU. DO I JUST GO
BY THERE TO GET THOSE? >> YES. IT IS RIGHT OFF OF U.S.
ONE IN. -- 1 AND IT GIVES THE POLICE THE AUTHORITY TO CUT PEOPLE OFF THAT ARE NOT SUPPOSED TO BE THERE.
>> THE CITY WOULD MOVE INTO EVIDENCE BUT I WILL CALL COMPOSITE ONE WHICH IS PHOTOGRAPHS FROM THE INITIAL HEARING AND THE VENDOR MAY PROCEED.
>> THE INVOICE AND THE PHOTOS WILL BE ENTERED AS CITY COMPOSITE EXHIBIT 1. DID YOU WANT TO ADD ANYTHING ELSE?
>> THE ONLY THING I WANTED TO TRY TO LOOK UP, IS JUST TO TRY TO FIND WHEN, I SEE THE DATE ON THAT, SEPTEMBER 9TH. I HAVE HAD THE REPUTABLE LANDSCAPING COMPANY THAT HAS DONE CONSISTENT
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WORK THERE AND I WAS TRYING TO SEE WHEN THEY STARTED AND TO SEE IF HE MISSED THAT PROPERTY BUT IT MIGHT HAVE BEEN AROUND THAT TIME THAT HE STARTED. THE PRIOR COMPANIES I WAS PAYING THEM TO DO THE LAWN BUT THEY WERE NOT DOING IT AND I HAD NO WAY TO CHECK ON IT. THAT WAS THE BIGGEST ISSUE WHICH I HAVE CLEARED UP. EVERYTHING SOUNDS RIGHT. I APOLOGIZE FOR -- I AM PROBABLY BUSIER THAN I SHOULD BE AND I SHOULD HAVE AN ADMINISTRATIVE PERSON HELPING ME BUT I JUST DON'T. KNOWING THAT THERE WAS KIND OF A CLOCK TICKING ON A DAILY FINE, I DID NOT SEE THAT. THAT IS MY FAULT THOUGH I KNOW YOU SENTDOCUMENTATION. >> DOES THE CITY HAVE A
RECOMMENDATION? >> THE CITY DOES NOT NECESSARILY HAVE A RECOMMENDATION BUT JUST A REMINDER THAT WHENEVER YOU CHOOSE THE HARD COST OR THE $975, THE DAILY FINE, THE 8700 DOLLARS IS WITHIN YOUR PURVIEW TO ADDRESS OR REDUCE.
>> FOR SURE, THE 975 WOULD BE DUE. IT IS A QUESTION OF HOW MUCH THE FINES SHOULD BE REDUCED. I KNOW YOU SAID YOU WERE NOT AWARE OF IT. I'M THINKING MAYBE $1000 AS OPPOSED
TO $8700. >> I WOULD BE THANKFUL FOR THAT AND I WOULD MAKE SURE IT WILL NOT HAPPEN AGAIN ON ANY OF THESE
PROPERTIES. >> SO THAT IS $1975. OF THOUSAND TOWARDS THE FINE AND $975 TOWARDS THE HARD COST. DO YOU NEED MORE THAN 30 DAYS TO PAY THAT?
>> NO . >> IF IT IS NOT PAID IN 30 DAYS, IF THAT IS WHAT WE ESTABLISH IN THE ORDER IT REVERTS TO THE FULL AMOUNT SO JUST MAKE SURE IT DOES GET TAKEN CARE OF.
>> I WILL. >> IS THERE ANYTHING ELSE?
>> HOW MUCH TIME WAS THAT? >> 30 DAYS.
>> AND THEN, WILL YOU JUST SEND ME SOMETHING?
>> I HAVE YOUR EMAIL AND YOUR ADDRESS SO I WILL SEND YOU A
COURTESY COPY . >> THAT WOULD BE GREAT. I THINK HAVING IT JUST COME EMAIL, BECAUSE THE MAIL WILL BE DELAYED. THAT WOULD HELP ME TREMENDOUSLY. EVEN THOUGH CERTIFIED IS GREAT IT GOES TO LIKE A MAIL CENTER SO I DON'T GET NOTIFIED OF THOSE AND THE EMAIL WOULD BE REALLY HELPFUL FOR ANYTHING THAT YOU NEED TO SEND.
[2. Case Number: LTCL-2024-177 Investigating Officer: Peggy Arraiz Violation Location: 1012 N 13th St]
>> HAVE A GREAT DAY. >> OUR NEXT CASE WILL ALSO BE ANOTHER MASSEY. THAT IS CASE NUMBER LTCL-2024-63 -- LTCL-2024-177. 1012 NORTH 13TH STREET.
>> MY NAME IS JOSEPH MERCER AND THIS HAS BEEN GOING ON SINCE LIKE THE 80S. I COME UP HERE AND YOU SAID A TREE IS HANGING TOO
LOW. I DON'T UNDERSTAND. >> WE ARE GOING TO PRESENT SOME INFORMATION FOR THE SPECIAL MAGISTRATE AND IF YOU HAVE ANYTHING TO ADD AFTER THAT, FEEL FREE TO.
>> SPECIAL MAGISTRATE, THIS IS CASE NUMBER LTCL-2024-177 . IT WE ARE HERE FOR A MASSEY HEARING FOR LOT CLEARING AT 1012 NORTH 13TH STREET. THE NOTICE OF VIOLATION AND NOTICE TO APPEAR WERE DATED CERTIFIED MAIL AND REGULAR MAIL AND POSTED AT THE PROPERTY. THE CODE SECTIONS ARE 24-19(11)(A)(B), NUISANCES, LANDSCAPING REQUIREMENTS FOR LESS THAN 3-ACRE PROPERTIES. ON OCTOBER 2, 2024, SPECIAL MAGISTRATE PELLETIER FOUND THE OWNERS IN VIOLATION AND GAVE SEVEN DAYS TO COMPLY OR BE FINED $100 DAILY. OCTOBER 17, 2024, AFFIDAVIT OF NON-COMPLIANCE ISSUED. DAILY FINES STARTED AND FILE FORWARDED TO VENDOR TO CUT.
DECEMBER 5, 2024, VENDOR CUT PROPERTY. DECEMBER 5, 2024, AFFIDAVIT OF COMPLIANCE ISSUED. FINES STOPPED. DECEMBER 27, 2024, MASSEY LETTER SENT TO OWNER. JANUARY 6, 2025, RECEIVED
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MASSEY REQUEST. THE BALANCE DUE IS A $5750 AND THAT BREAKDOWN, AGAIN, WAS $750 FROM THE VENDOR AND I HAVE THE INVOICE TO PROVIDE FOR THAT . $100 FOR THE ADMINISTRATIVE CHARGES SET BY CITY COMMISSION THAT THE DAILY FINES ARE $4900. FOR A TOTAL OF $5750. AND, I HAVE THE INVOICE AND THE PHOTOS. TO SUBMIT FOR YOUR INFORMATION. WHILE HE IS REVIEWING THAT, THE THREE ITEMS THAT DO NEED TO BE CONSIDERED AS YOU ADDRESS THAT IS THE GRAVITY OR SERIOUSNESS OF THE VIOLATION: MINOR. AGAIN, IT IS A LANDSCAPING ISSUE. THEN ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS: THE CITY TOOK THE NECESSARY STEPS TO ABATE THE NUISANCE. ANY PREVIOUS VIOLATIONS COMMITTED BY THE VIOLATOR: NONE.>> IT IS NOT ME. IT IS ACTUALLY DECEMBER 5TH. IT IS REVERSED.
>> OKAY. DECEMBER AND DECEMBER LAST YEAR AS WELL AS THE INVOICE
FROM GONE FISHING. >> CORRECT .
>> I WOULD MOVE INTO EVIDENCE CITY COMPOSITE EXHIBIT 1.
>> THE INVOICE AND THE PHOTOS WILL BE ENTERED AS CITY EXHIBIT
COMPOSITES 1. >> WOULD YOU LIKE TO ADD
ANYTHING? >> NO. I CUT THE LAWN BUT THEN THEY TOLD ME THAT THE TREE IS HANGING DOWN. YOU CAN SEE THAT
THE GRASS IS CUT GOOD . >> THE GRASS WAS CUT BUT IT WAS THE TREE THAT HAD TO BE TRIMMED BY THE VENDOR .
>> THE TREE NEEDED TO BE LIFTED SO IT IS REMOVING THE UNDERBRUSH AND LIFTING THE TREES UP IS WHAT WAS NECESSARY.
>> BUT HE IS CORRECT THAT THE GRASS WAS NOT AN ISSUE?
>> I DON'T BELIEVE SO BUT THE TREES AND EVERYTHING NEEDED TO
BE LIFTED. >> DOES THE CITY HAVE A
RECOMMENDATION? >> JUST A REMINDER THAT THE HARD COST OF $100 FOR THE ADMINISTRATIVE COST AND $750 FROM THE VENDOR ARE TYPICALLY REQUIRED AND THE $4900, THE DAILY FINES OR THE SOFT COST WHICH ARE IN YOUR PURVIEW TO
ADDRESS . >> THERE IS ONE MORE THING THAT
>> I TRIED TO SELL THE PROPERTY BUT THE GUY SAID I HAVE TO PAY ALL OF THE FINES ON ALL OF MY PROPERTY. THEY SAID, THEY HAVE TO PAY IT ON ALL OF MY PROPERTY SO THAT STOPPED THEM. SO, I DON'T UNDERSTAND THAT PART. I CAN UNDERSTAND THE FINES ON THAT PARTICULAR PROPERTY BUT NOT ON THE REST.
>> IS THERE ANOTHER CASE TODAY?
>> NOT TODAY AND IF MR. MERCER WANTS TO GET WITH CATHERINE YOU CAN SEE IF THEY ARE SPREADING THE LIEN. THEY DO SPREAD TO ALL
PARCELS. >> SHE CAN TALK TO YOU AFTER.
BUT, THE $850 FOR SURE, YOU HAVE TO PAY. LET'S JUST MAKE THAT $1000 SO THAT WILL REDUCE THE FINE FROM $4900. SO YOU ARE PAYING A SMALL AMOUNT OF THE FINE PLUS THE $850 AND YOU JUST TELL ME HOW LONG YOU NEED TO PAY THAT .
>> 90 DAYS. I AM ON A FIXED INCOME .
>> IS 90 DAYS OKAY? WHAT IF SOMEBODY WANTS TO BUY THAT FOR
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ME? >> MISS CATHERINE, DO YOU HAVE AN EMAIL THAT YOU USE? SO WE WILL MAKE SURE TO MAIL YOU OUT A COPY OF THE INVOICE THAT WILL BE ADJUSTED BASED ON THE RULING
TODAY. >> AND A COPY OF THE ORDER .
>> WITH A COPY OF THE ORDER. AND WE CAN DISCUSS AFTER THE HEARING, THE OTHER THINGS THAT HE MENTIONED AND I WILL LET HIM
KNOW WHAT THE PROCEDURE IS . >> SO THE TOTAL IS ONLY $150 OF THE FINE AND THE REST IS THE ACTUAL COST OF WHAT THEY DID.
YOU HAVE 90 DAYS. IF YOU CANNOT PAY IT IN 90 DAYS IT CAN REVERT BACK SO MAKE SURE YOU LET THEM KNOW. THANK YOU.
>> OKAY . >> ARE YOU OKAY WITH STICKING
[3. Case Number: 24-1147 Investigating Officer: Peggy Arraiz Violation Location: 432 N 11th St]
AROUND? >> SPECIAL MAGISTRATE, WE DID HAVE ANOTHER MASSEY ON THE AGENDA TODAY. THEY HAVE NOT APPEARED TODAY. SO, WE WOULD LIKE TO RESCHEDULE THAT ONE.
>> OKAY WHICH ONE IS THAT? >> THE 432 NORTH 11TH STREET,
CASE NUMBER 24-1147. >> OKAY. ALL RIGHT. SO CASES IN
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
COMPLIANCE RESCHEDULE, CASE NUMBER CE-2025-00021 , 1628 SOUTH 27TH STREET. NOOP-2025-13 , NORTH U.S. HIGHWAY 1.CE-2024-00118, 1812 SOUTH 27TH STREET. LTCL-2024-63, NORTH 14TH STREET. 24-1173, 108 ROSLYN AVENUE. AND 24-1147, CANDIDATE AND. FOR CASES REQUIRING A HEARING, A NOTICE OF HEARING WAS SENT TO THE VIOLATORS CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE. IF IT IS RETURNED UNSIGNED OR UNCLAIMED IN AN AFFIDAVIT OF MAILING IS SENT VIA REGULAR U.S. MAIL. 10 DAYS PRIOR TO HEARING A NOTICES POSTED ON THE BOARD IN CITY HALL AND A NOTICE OF HEARING IS POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF -- AFFIDAVIT OF POSTING. IF THE CARD IS NOT RETURNED WITHIN 10 DAYS OF THE HEARING THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED TO UNCLAIMED. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED, OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN
CITY HALL. >> THANK YOU. IS THERE NOTHING ELSE?
* This transcript was compiled from uncorrected Closed Captioning.