[ Code Magistrate Hearing on December 5, 2024.]
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OKAY, WE'RE ON THE RECORD. MEETING WILL COME TO ORDER. I HAVE REVIEWED THE DOCKET ON TODAY'S OF TODAY'S MATTERS. I HAVE NOT SEEN ANYTHING THAT WOULD REQUIRE A RECUSAL. I'VE NOT HAD ANY EX PARTE COMMUNICATIONS WITH ANYONE REGARDING ANY OF THE CASES. IF YOU'RE GOING TO GIVE TESTIMONY, IF YOU WOULD STAND AND BE SWORN. IF YOU'RE GOING TO SPEAK, YOU'D HAVE TO BE SWORN IN. PLEASE AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. I DO REFLECT THAT PEOPLE HAVE ANSWERED IN THE AFFIRMATIVE. IF YOU HAVE A CELL PHONE, PLEASE TURN IT ON VIBRATE OR TURN IT OFF AND I THINK THAT GETS IT. OKAY, WE HAVE ITEMS B, D, E, AND F HERE. SO WE WILL START WITH ITEM B ON THE AGENDA. THE PROPERTY ADDRESS IS 308 BENICIA PLACE. THIS FIRST SLIDE IS JUST FOR LOCATION PURPOSES. THE PROPERTY IS OUTLINED IN BLUE WITH A GREEN PIN DOT. YOU CAN SEE IT SITS BETWEEN FRONT BEACH ROAD AND PANAMA CITY BEACH PARKWAY ON THE WEST END OF PANAMA CITY BEACH, AND ON MARCH 18TH OF THIS YEAR, WE DID RECEIVE A COMPLAINT REGARDING AN UNKEPT VACANT HOME WITH BROKEN GLASS, TREE DEBRIS AND TRASH. AND ON MARCH 19TH, 2024, INVESTIGATOR ROBERT CLARKSON INITIATED THIS CASE AND HE IS HERE TO TESTIFY. GOOD MORNING, MAGISTRATE ROBERT CLARKSON, BAY COUNTY CODE ENFORCEMENT I HAVE SUBMITTED MY EXHIBITS AND AFFIDAVITS FOR THIS HEARING. MARCH 19TH I WENT OUT AND INSPECTED THE PROPERTY BASED ON THE COMPLAINT, I FOUND THIS WAS A SINGLE FAMILY RESIDENCE. AS THE PICTURES START NOTING THERE WERE SEVERE ROTTING UP AROUND THE SECOND STORY WINDOWS. SOME OF THE FASCIA HAD ACTUALLY FALLEN OFF SOME OF THE WOOD TRIM HAD FALLEN OFF. AS MISS ASHMAN GOES, THERE'S. SLIDE FIVE SHOWS A LITTLE BIT MORE ROTTING THERE ON THE T11 ON THE ON THE SECOND FLOOR. SIX. THERE'S SOME SORT OF FASCIA MISSING AND ROTTING FROM THE, THE ROOF LINE. SAYING THIS IS THE SECOND WINDOW. I KNOW THE PICTURE DOESN'T DEPICT IT, BUT IT BASICALLY THE SAME THING WAS GOING ON THERE ROTTING AROUND THE WOOD AS YOU COME AROUND THE RIDING AROUND THE T11. THIS IS ON THE SIDE OF THE HOUSE SHOWING ROTTING THIS. THIS WAS A VACANT HOME FOR ALL PRACTICAL PURPOSES. IT APPEARED ABANDONED. NO ONE WAS THERE. THE ROTTING OF THE T11 THAT'S ON THE TOWARDS THE GROUND. THAT'S WORKING CLOCKWISE AROUND THE HOME. THERE'S JUST CLOSE UPS OF ALL THE ROTTING WOOD ROT ON THE SIDING, ROTTING AROUND THE WINDOW TRIM. THAT'S THE BROKEN WINDOW. THE UPSTAIRS WINDOW WAS OPEN FROM THE AIR CONDITIONING HERE IN SLIDE 1415. ANOTHER ONE, ANOTHER BROKEN WINDOW. THIS IS NOW ON THE BACKSIDE, ROTTING TO THE SIDING. THAT'S THE UNDERNEATH OPENING FOR THE HOUSE. LOT 18 ROTTING.
AS YOU CAN SEE, ROTTING. NOW THIS IS ON THE BACK. COMING BACK TOWARDS BENICIA, WHICH WOULD BE BACK TOWARDS WEST. THEY HAVE AN ATTACHED PORCH ON THIS SIDE. IT APPEARS TO HAVE HAD A TREE STRIKE SO SEVERE, ROTTING AND ON THE SOFFIT FASCIA RIGHT THERE, MISSING BOARDING. THIS IS KIND OF A BACKUP. LOOK TO IT. SAME THING. MISSING THE BOARD FOR THE SECOND WINDOW. SO I'M ASSUMING PROBABLY RODENTS ARE COMING OUT. THERE IS TREE DEBRIS FROM WHEN THAT TREE HIT THE SIDE OF THE HOUSE. AND HAD AN EXPOSED SEPTIC. AND THAT WAS REPORTED TO THE DEPARTMENT OF HEALTH. SLIDE 24. I DID SEND OUT THE NOTICE OF VIOLATIONS TO THE PROPERTY OWNE, AND ON MARCH 19TH, MARCH 24TH, I DID RECEIVE A PHONE CALL FROM HER NEPHEW, CHAD MULLUCKS. HE STATED THAT BASICALLY NO ONE HAS BEEN TO THAT STRUCTURE IN OVER 15 YEARS. THEY LIVE IN ALABAMA. HIS AUNT ACTUALLY OWNS THIS
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HOUSE AND THEN THE LOT RIGHT NEXT DOOR TO THE NORTH OF IT. HE WAS TRYING TO PURCHASE THE PROPERTY FROM THE AUNT, AND IT WAS HIS INTENTIONS TO PURCHASE IT. AND DEMO THE STRUCTURE. THE CASE WENT ON. THERE WERE THERE WERE NO CHANGES TO THE PROPERTY AT ALL DURING THIS TIME PERIOD.I DID HAVE SEVERAL ADDITIONAL CONVERSATIONS WITH MR. MULLUCKS AND HE CONTINUED TO SAY HE WAS GOING TO TRY TO BUY IT FROM HIS AUNT, BUT I GUESS THERE WERE SOME DELAYS IN THAT. ON THE 23RD, INSPECTOR THORPE DID GO OUT AND CONDUCT A BUILDING INSPECTION, ALTHOUGH HE DIDN'T PREPARE A, A REPORT. HE DID DETERMINE THE STRUCTURE TO BE BLIGHTED. NOTED THAT THE STRUCTURE NEEDED A NEW ROOF DUE TO THE AGE OF THE SHINGLES, AND THERE'S A SMALL HOLE IN THE REAR OF THE ROOF. HE NOTED THERE WAS ROTTING AND DAMAGE TO THE SOFFIT, CAUSING THE TRIM AND DIFFERENT AREAS OF THE STRUCTURE, AND HAD PULLED AWAY BROKEN WINDOW PANELS THAT ARE NOT BOARDED ON THE INSIDE, ROTTED SIDING AND LIFTING OFF THE WALL, AND THE SEPTIC TANK WAS PARTIALLY COVERED WITH A PIECE OF TIN. THESE ARE THE PHOTOS. THAT'S THE HOLE IN THE ROOF THERE. AND SLIDE 35. HE DETERMINED THE STRUCTURE TO BE BLIGHT IN THESE ITEMS NEEDED TO BE REPAIRED. OKAY. I NOTED A NUMBER OF THE SLIDES REFLECT ROTTING WHERE THE T 111 JOINS THE OR. IT SITS ON TOP OF THE BLOCK. WHAT ABOUT THAT? WHAT'S THE BOARD THAT YOU CALL RUNS AROUND THE EDGE ON THE TOP OF THE BLOCK THAT YOU. YEAH. IS THAT ROTTING? IT WAS NOT EXPOSED AT THE TIME. SO. OKAY. I DON'T WANT TO CAUSE MORE UNDUE DAMAGE BY PULLING THE. BLOCK IN SOME PLACES. WASN'T EXPOSED TO THE COMMUNIST. OKAY. NOW, IS THIS A POST THAT'S A FOR THE FRONT. A POST ON THE FRONT OF THE STRUCTURE HOLDING UP THE FRONT PORCH. OKAY. AND THIS PICTURES OBVIOUSLY DETECT THE ROTTING AROUND THE EDGES AND THE WALLS. AND THAT'S THE SEPTIC TANK THERE. AND 46. THROUGH THE COURSE, THERE ARE STILL NO CHANGES DONE TO THE PROPERTY. AS MISS ASHMAN MENTIONED. ONE GOES TO THE SIDES. YOU SEE, THERE'S NO NO CHANGES TO THE PROPERTY. I DID DUE TO WE KEPT GETTING COMPLAINTS FROM THE COMPLAINANT WANTING TO KNOW WHAT THE STATUS OF THIS HOUSE IS. AND SO BASED ON THOSE COMPLAINTS, I WENT AHEAD AND SCHEDULED FOR A HEARING. ONCE THE PROPERTY WAS SCHEDULED FOR A HEARING, I DID RECEIVE A PHONE CALL FROM A GENTLEMAN THAT I'M NOT EVEN GOING TO TRY TO PRONOUNCE HIS NAME, BUT IT'S THERE IN MY INVESTIGATIVE REPORT ON OCTOBER THE 23RD. HE WAS INTERESTED IN CONSIDERING PURCHASING THIS PARCEL. IT'S MY UNDERSTANDING THAT HE PURCHASED THE PARCEL, THE VACANT PARCEL NEXT DOOR, AND WANTS TO BUY THIS ONE AS WELL. THERE'S STILL NO CHANGES TO THE PROPERTY. THE PROPERTY WAS POSTED. I DID HAVE A LAST MINUTE PHONE CALL YESTERDAY AFTERNOON FROM THE NEPHEW, BASICALLY SAYING THAT HIS AUNT IS NOT GOING TO SELL THE PROPERTY TO HER, TO HIM THAT HE BELIEVES IS GOING TO SELL TO THIS GENTLEMAN. AND THIS GENTLEMAN IS HERE AND HE'S EITHER GOING TO EXPLAIN WHAT HIS INTENTIONS ARE WITH THE PROPERTY. IS IT HAS IT BEEN DETERMINED TO BE UNFIT, UNSAFE, OR IS IT BLIGHTED ONLY? IT HAS BEEN DETERMINED AS BLIGHTED WITH THE TREE, YARD AND TREE DEBRIS THAT NEEDS TO BE REMOVED AND REPAIRS DONE TO THE TO THE STRUCTURE. ALL RIGHT. PROPERTY WAS PURCHASED FOR THE HEARING. AND THIS IS THE LAST INSPECTION ON THE SECOND SHOWING THE STATUS OF THE PROPERTY CURRENTLY. AND AT THIS POINT IN TIME, I HAD NO FURTHER INVESTIGATION, NO FURTHER TESTIMONY. IS THERE ANY PERMITS BEEN OBTAINED? NO, THERE HAS BEEN NO PERMITS. AND THIS IS SCHEDULED FOR COMPLIANCE HEARING ON JANUARY THE 8TH OF JANUARY 8TH, 2025 AT 1:00 PM. THE AWASI.
YES. COME ON UP. TELL US WHAT YOU WANT TO US TO KNOW. SURE. I WASN'T REALLY PLANNING ON GIVING ANY SORT OF TESTIMONY. I WAS JUST HERE TO CHECK OUT THE PROCESS OF HOW THIS WORKS. I'M A
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LOCAL INVESTOR HERE IN BAY COUNTY. AND A FIX AND FLIP PROPERTIES. A LOT, AND FIGURED I SHOULD LEARN THE PROCESS OF HOW THIS THIS WORKS. EVERYTHING ROBERT WAS SAYING SOUNDS ACCURATE. I DID PURCHASE THE VACANT LOT NEXT DOOR, AND IT WAS MY INTENTION TO PURCHASE THIS HOUSE AS WELL. THROUGHOUT THAT, MY DUE DILIGENCE SHOWED THAT THIS HOUSE IS INDEED ONE FOOT OVER THE PROPERTY LINE OF THE PROPERTY TO THE LEFT THAT YOU'VE ALREADY BOUGHT THAT I. I BOUGHT, BUT I IMMEDIATELY SOLD THAT LOT AS WELL TO OTHER INVESTORS. SO IT'S KIND OF THEIR PROBLEM NOW IN A WAY. BUT I WOULD STILL LIKE TO MAKE BEST SOLUTIONS FOR EVERYBODY INVOLVED. RIGHT. SO I WAS CONTACTING MULTIPLE HOUSE MOVING COMPANIES AND GOT SOME QUOTES, AND I WAS PRESSING FORWARD. AND I FOUND OUT DAY BEFORE YESTERDAY THROUGH A CONSULTANT THAT DOES SEPTIC THAT HE JUST CAN'T GET IT APPROVED IS WHAT HE TOLD ME. AND SO RIGHT NOW, AS OF TODAY, MY PLAN IS TO TRY TO SELL THIS LOT TO A ANOTHER INVESTOR THAT IS PLANNING ON DEMOLISHING IT. AND BUILDING A NEW ONE. SO THAT'S THAT'S MY TESTIMONY. AND LIKE I SAID, THAT'S MY PLAN. I DON'T KNOW IF THAT INVOLVES ANYBODY HERE, BUT WE JUST WANT AN OPPORTUNITY FOR YOU TO BE HEARD IN THE EVENT THAT YOU'RE FIXING TO BUY IT. AND. YEAH, AND YOU WANT TO GET INVOLVED IN THE PROCESS UP FRONT. SURE. YEAH. OKAY. MAY I ASK A QUESTION? SO YOU'RE YOU'RE UNDER CONTRACT OR WHEN DO YOU HAVE AN IDEA ABOUT CLOSING? SO I'M UNDER CONTRACT TO CLOSE BY DECEMBER 20TH. THIS YEAR. AND I HAVE SOME WORDING IN THERE THAT WOULD GIVE ME UP TO ANOTHER TWO WEEK EXTENSION.OKAY. SO IT COULD BE POTENTIALLY NEXT YEAR AS WELL. OKAY. THAT WAS IT. THAT'S IT. OKAY. CODE ENFORCEMENT. IN LIGHT OF HIS TESTIMONY AND EVERYTHING, DOES CODE ENFORCEMENT HAVE ANYTHING THEY WANT TO ADD OR TAKE AWAY FROM? THE ONLY THING THAT I MIGHT WANT TO ADD OR SUGGEST IS POTENTIALLY LOOKING AT MOVING THE COMPLIANCE HEARING DATE TO FEBRUARY. OKAY. BUT ONCE AGAIN, I'VE FORGOTTEN MY CALENDAR. YES, IT'S HE DOES HAVE THE IT IS HIM ON THE 12TH AT 1:00. OKAY. WHEN IN FEBRUARY. FEBRUARY 12TH 12TH 12TH AT 1:00. AND ACTUALLY, STEVE, I'LL RUN UP THERE AND GET IT. I THINK I MAY BE ABLE TO GET IT AND BE BACK BEFORE THE NEXT ONE. AND YOU SAY YOU'RE SUPPOSED TO CLOSE SOMETIME IN DECEMBER? YES, SIR. AND THEN THE EXTENSION IS FOR TWO WEEKS IF I NEED EXTRA TIME. YES. OKAY. SO THAT WOULD PUSH IT OVER INTO JANUARY. ALL RIGHT.
OKAY. IN LIGHT OF THE TESTIMONY. I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 308 BENICIA PLACE, IS LOCATED WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. NOTICE WAS GIVEN TO THE RESPONDENT, AND APPARENTLY, IN LIGHT OF THE FACT THAT THE HOUSE IS UNDER CONTRACT OR THE PROPERTY IS UNDER CONTRACT, THE OWNER HAS ELECTED NOT TO APPEAR. I'M GOING TO FIND THAT THERE IS A VIOLATION OF 1702, IN THE FORM OF A BLIGHTED STRUCTURE. AS EVIDENCED BY THE PHOTOGRAPHS INTRODUCED INTO EVIDENCE SHOWING NUMEROUS PLACES OF ROT THAT WOULD BE REQUIRED HOLES IN THE ROOF, AN AGED ROOF, AND SOME YARD DEBRIS, ETC. IN THE ON THE PREMISES. I'M GOING TO SET A TIME PERIOD OF 30 DAYS FOR THE PROPERTY OWNER TO TAKE THE FOLLOWING CORRECTIVE ACTIONS. REMOVE ANY AND ALL YARD AND TREE DEBRIS. ADDRESS THE BLIGHTED STRUCTURE IN THE FOLLOWING MANNER. SUBMIT AN ACTION PLAN, INCLUDING TIME FRAMES OUTLINING THE NECESSARY REPAIRS TO THE ROOF, THE WOOD ROT, THE DAMAGED SOFFIT AND CASING, ROTTING SIDING AND MISSING OR BOARDED UP WINDOWS. TO THE CODE
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ENFORCEMENT, THAT ACTION PLAN HAS GOT TO BE APPROVED BY CODE ENFORCEMENT PRIOR TO MAKING REPAIRS AND OR APPLYING FOR THE PERMITS TO DO SO. YOU'VE GOT TO APPLY FOR ALL THE REQUIRED PERMITS THROUGH BUILDER SERVICES. A PERMIT INSPECTION OR ALL PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED BY BUILDER SERVICES OR THEIR DESIGNEE. REPAIRS HAVE GOT TO BE MADE IN ACCORD WITH THE ACTION PLAN AND THE STRUCTURAL REPORT. PREVIOUSLY SUBMITTED. THE BUILDING PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED AND ALL PERMITS FINALIZED IN ORDER FOR THE REPAIRS TO BE DEEMED COMPLETE. IF AT ANY TIME THE PERMITS UNDER THIS ORDER EXPIRE, IT SHALL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER, AND IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT AND INFORM CODE ENFORCEMENT OF ANY PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO COMPLY WITH THE ABOVE ACTIONS FOR THE BLIGHTED STRUCTURE WITHIN 30 DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, THE RESPONDENT SHALL BE FINED AN INITIAL FINE. I'M GOING TO REDUCE THAT TO $100 AND A DAILY FINE OF $25, CONTINUING UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE. IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT CODE ENFORCEMENT TO SCHEDULE AN INSPECTION AND VERIFY THAT ALL PERMITS HAVE BEEN OBTAINED AND THE REPAIRS COMPLETED IN ORDER FOR THE FINES TO CEASE. NONCOMPLIANCE SHALL ALSO BE DEEMED TO HAVE OCCURRED IF THE RESPONDENT GETS A BUILDING AND OR A DEMOLITION PERMIT WITHIN THE TIME FRAME SET FORTH, AND THEN ALLOWS THE PERMIT TO EXPIRE, OR HAS IT IT BECOMES VOID FOR ANY REASON THAT SHALL BE DEEMED A DEFAULT. AND IN SUCH CASES, THE COUNTY SHALL COMMENCE WITH THE $100 FINE AND THE $25 A DAY FINE. AT THAT POINT, SUCH FINE WILL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL. LOCATED HERE IN BAY COUNTY, FLORIDA. IF THE RESPONDENT FAILS TO COMPLY WITH THE ABOVE ACTIONS WITHIN THE TIME FRAME SET FORTH, THE COUNTY STAFF IS AUTHORIZED TO ENTER UPON THE PREMISES AND ABATE THE REMAINING VIOLATIONS BY REMOVING ANY AND ALL TREE AND YARD DEBRIS, AND TO ASSESS THE RESPONDENT WITH THE REASONABLE COST OF REMOVING THE VIOLATION AND THE ENFORCEMENT. ANY ADDITIONAL UNSAFE CONDITIONS OR ATTRACTIVE NUISANCES FOUND TO EXIST UPON ENTRY UPON THE PREMISES SHALL BE WITHIN THE SCOPE OF THIS ORDER AND MAY BE ABATED AS DEEMED NECESSARY. IF YOU IF YOU CLOSE AND YOU CAN GET THE PROPERTY CLEANED UP, YOU KNOW THAT'LL SORT OF BRING THINGS TO A SCREECHING HALT. IT. DID YOU SAY YOU'RE GOING TO DEMOLISH IT AND THEN SELL THE LOT OR. I PROBABLY WILL SELL THE CONTRACT TO A BUILDER THAT WILL DEMOLISH IT. OKAY. AND THEY'RE GOING TO BE INFORMED OF ALL THIS. OKAY. OKAY. WELL, IF YOU KNOW, IF THEY'RE GOING TO DEMOLISH IT AND EVERYTHING, LIKE THAT, IF YOU GET THE DEMO PERMIT, THEN WE CAN DEAL WITH THAT. AND THAT'LL BRING EVERYTHING MAYBE TO A SCREECHING HALT IF YOU DO IT TIMELY. OKAY. ALL RIGHT. ANYTHING ELSE ON THAT ONE? MISS ASHMAN? NO, SIR. OKAY.ALL RIGHT. THANK YOU FOR COMING. I HOPE YOU LEARNED THE PROCESS A LITTLE BIT. THE NEXT ITEM THAT IS PRESENT IS ITEM D. PROPERTY ADDRESS IS 12006 HAPPYVILLE ROAD. THIS IS A NONCOMPLIANCE HEARING TO IMPOSE A LIENS FOR FINES FOR NONCOMPLIANCE. THIS CASE WENT BEFORE THE SPECIAL MAGISTRATE ON SEPTEMBER 20TH, 2023 AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE 17 DASH TWO, IN THE FORM OF A BLIGHTED MOBILE HOME. THE RESPONDENT DID NOT APPEAR AT THAT HEARING. HOWEVER, THE RESPONDENT'S DAUGHTER, TAMMY HALL, DID ATTEND VIA TELEPHONE. THESE FIRST FEW PHOTOS, STARTING WITH PHOTO NUMBER THREE, ARE PHOTOS THAT WERE PRESENTED TO YOU AT THE TIME OF THAT HEARING.
JUST TO REFRESH YOUR MEMORY, THE MAGISTRATE ORDERED THE RESPONDENT HAVE 60 DAYS TO BRING THE PROPERTY INTO COMPLIANCE OR A INITIAL FINE OF $200 AND A DAILY FINE OF $25 WOULD BE IMPOSED UNTIL THE PROPERTY WAS BROUGHT INTO COMPLIANCE. A COPY OF YOUR ORDER IS ATTACHED AS EXHIBIT A ON DECEMBER 20TH. NOW, AFTER THAT HEARING, INVESTIGATOR RAY SCOTT CONTINUED TO DO HIS
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INSPECTIONS. HE'S HERE TO TESTIFY. IF YOU HAVE ANY QUESTIONS. BUT I CAN ALSO JUST RUN THROUGH THE PHOTOS HERE AS WELL. DECEMBER 20TH, 2023. THE PROPERTY REMAINED IN VIOLATION.INITIAL FINE OF $200 AND THE DAILY FINE OF $25 BEGINNING AS OF NOVEMBER 19TH, WHICH WOULD HAVE BEEN THE 60 DAYS FROM THE SEPTEMBER 20TH, WERE INITIATED. AGAIN. JUST TO GIVE YOU UP.
THERE WAS NO CHANGE TO THE PROPERTY DURING THIS TIME. OCTOBER 17TH OF THIS YEAR, THE LAST INSPECTION BEFORE THE STATEMENT OF NONCOMPLIANCE. YOU CAN SEE THAT THE PROPERTY STILL REMAINED IN VIOLATION. WITH THE ROOF BEING THE CAUSE OF THE BLIGHTED ON NOVEMBER 18TH. THE STATEMENT OF NONCOMPLIANCE. NOTICE OF HEARING WAS POSTED ON THE PROPERTY. AS YOU CAN SEE IN PHOTO 12, IT WAS ALSO POSTED AT THE GOVERNMENT ON THE GOVERNMENT WEBSITE ON NOVEMBER 21ST AND ON SLIDE 14 WAS TAKEN JUST ON DECEMBER SECOND OF THIS YEAR. AND YOU SEE THAT THE ROOF STILL REMAINS IN NEED OF REPAIR AS OF DECEMBER 3RD. NO PERMITS HAVE BEEN APPLIED FOR. HAVE YOU CHECKED THIS MORNING? I CHECKED THIS MORNING. THERE'S ALSO NO. NO PERMITS. BEEN APPLIED FOR.
AND THAT CONCLUDES MY TESTIMONY. HAVE YOU HAD ANY CONTACT WITH ANYBODY AT THE HOUSE? NO, SIR.
NOTHING LIKE THAT. THE CERTIFIED MAIL CAME BACK, BUT THE REGISTERED MAIL, I MEAN, I'M SORRY, THE REGULAR MAIL DID NOT. BUT THE. YEAH, THE DAUGHTER I BELIEVE IS HERE TODAY TO TESTIF.
ALL RIGHT. MISS HALL? YES. COME ON UP AND TELL US WHAT YOU WANT TO KNOW. FOR US TO KNOW. THANK YOU. SIR. I'M HAVING. I'M HAVIN. I GOT ALL THE PAPERWORK OVER THERE. ALL THE DEATH AND BIRTH CERTIFICATE IS STILL IN MY DAD'S NAME, AND I'M TRYING TO GET IT PROBATED, AND I'VE GOT THE PAPERWORK OVER THERE. SOMEBODY CAN HELP ME BECAUSE I DON'T HAVE THE MONEY TO BUY A LAWYER AND ALL THAT I'VE BEEN. I WASN'T WORKING AT THE TIME. NOW I'VE BEEN WORKING AND I'M TRYING TO SAVE UP EVERY PENNY I CAN. BUT I NEED HELP WITH PROBATE. IF. WELL, NOBODY HERE CAN HELP YOU WITH THAT. I MEAN, THAT'S I GOTTA I GOTTA HIRE A LAWYER. WELL, HAVE YOU TALKED WITH LEGAL SERVICES OF NORTH FLORIDA? YES. AND THEY SAID THEY COULDN'T HELP ME. OKAY. THE FLORIDA BAR HAS A REFERRAL NUMBER, AND IT'S LIKE A18 HUNDRED NUMBER. AND YOU CALL THEM AND YOU TELL THEM WHAT YOUR ISSUE IS. IN OTHER WORDS, I NEED TO HAVE SOMEBODY HELP ME DO A PROBATE HERE. RIGHT. OKAY. THEY CAN GIVE YOU THE NAMES OF SOME LAWYERS THAT THAT DO THAT KIND OF WORK. I DON'T KNOW IF THEY TELL YOU IF THEY'RE INCLINED TO DO PROBATE WORK FOR NOTHING OR FOR A SMALL FEE. RIGHT. OR PUT A LIEN ON THE PROPERTY SO THEY GET PAID WHEN THE PROPERTY IS SOLD. IF YOU SELL IT. SOMETHING ALONG THOSE LINES. RIGHT. AND I DON'T KNOW WHAT YOU'RE TRYING TO DO WITH THE PROPERTY. I WANT TO KEEP THE PROPERTY. OKAY. BUT, YOU KNOW, IF I MIGHT, I MIGHT. IF I CAN GET IT IN MY NAME, I MIGHT GET RID OF THAT TRAILER AND PUT ME SOMETHING ELSE THERE, YOU KNOW? WELL, THEY MIGHT, YOU KNOW, THE LAWYER MIGHT WORK OUT A DEAL WITH YOU ABOUT PAYMENTS OR SOMETHING LIKE THAT, I DON'T KNOW. YOU KNOW, AS LONG AS THEY HAVE A LIEN ON THE PROPERTY OR SOMETHING ALONG THOSE LINES, YOU COULD. YOU COULD, BUT I'M TRYING, SIR. I'M. I'VE BEEN WORKING EVERY DAY. I'VE BEEN. I WORK A MINIMUM WAGE JOB. THEY'VE BEEN GIVING ME OVERTIME. SO I'VE BEEN TRYING TO SAVE AS MUCH MONEY AS I CAN. I UNDERSTAND. BUT YOU KNOW, THE PROPER THE PROPERTY IS GOING TO CONTINUE TO DETERIORATE, RIGHT? THAT. RIGHT. THAT REPAIR DONE TO IT. BUT THAT'S WHAT I GOT. I GOT ALL THE PAPERWORK, ALL THE DEATH AND BIRTH CERTIFICATES WITH ME. I JUST LIKE I DON'T UNDERSTAND THAT LEGAL MUMBO JUMBO WHERE YOU FEEL THAT THAT PROBATE IS A, YOU KNOW, FILL IN THE FORMS AND ALL OF THAT SORT OF STUFF. BUT I'VE NEVER PRACTICED IN THAT AREA AND DON'T WANT TO PRACTICE IN THAT AREA. RIGHT. SO IF I CAN MANAGE. YES. YOUR NAME AND A GOOD ADDRESS THAT THESE LETTERS CAN GO TO. I'M STAYING THERE. YEAH. I'M LIVING THERE. BUT FOR THE RECORD, WE NEED YOUR NAME AND.
OKAY. OH, YEAH. TELL US YOUR NAME. I'M TAMMY HALL, AND 12 12006 ABBEYVILLE ROAD. OKAY.
YOUNGSTOWN, FLORIDA. AND FOR THE RECORD, YOU ARE THE DAUGHTER OF THE PREVIOUS OWNER. YES. WHO IS
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NOW DECEASED? NO. YEAH. MY WHOLE FAMILY IS DECEASED. MY BROTHERS AND SISTERS ARE ALL DEAD. OKAY.AND THEY. THEY DIDN'T. NONE OF THEM. WELL, YOU KNOW, THAT WILL SIMPLIFY MATTERS TO SOME DEGREE, BECAUSE. RIGHT. YOU EXECUTE CERTAIN AFFIDAVITS THAT SAID EVERYBODY'S GONE, AND. RIGHT.
I'M THE ONLY HEIR THAT'S LEFT. SO THAT DOES. RIGHT. AND THEN OF COURSE, I CAN'T DO ANYTHING TO IT UNLESS I GET IT IN MY NAME, CAN'T GET NO PERMITS OR ANYTHING LIKE THAT. SO THAT'S WHAT'S HOLDING ME UP. I DON'T KNOW THE UNLESS I, I MEAN, I DON'T KNOW. I DON'T KNOW. ALL RIGHT. I'M GOING TO BASED ON THE TESTIMONY THAT I'VE HEARD AND THE EXHIBITS THAT I'VE SEEN IN THE FORM OF THE PHOTOGRAPHS INTRODUCED INTO EVIDENCE, I'M GOING TO IMPOSE THE AN INITIAL FINE OF $100 AND A DAILY FINE OF $10. TO ACCRUE UNTIL THE VIOLATION IS CORRECTED. OKAY. NOW GO TO WHAT WEBSITE? YOU SAID THE FLORIDA BAR. FLORIDA BAR. RIGHT. IF YOU GO ONLINE AND LOOK UP THE FLORIDA BAR, IT WILL PROBABLY BE UNDER A TITLE CALLED LAWYER REFERRAL SERVICE. OKAY. AND LIKE I SAID, IT'LL BE THEY'LL HAVE A18 HUNDRED NUMBER. OKAY. AND YOU CAN CALL THEM AND EXPLAIN TO THEM WHAT YOUR PROBLEM IS. AND THEY CAN GIVE YOU THE NAME OF ATTORNEYS IN THIS AREA THAT WILL DO THAT KIND OF WORK. OKAY. OR DO THAT KIND OF WORK. ALL RIGHT. UPON THE RECORDING OF THIS ORDER IN THE PUBLIC RECORDS OF BAY COUNTY, THE COST LEVIED AGAINST THE PROPERTY OF THE RESPONDENT SHALL CONSTITUTE A LIEN ON THE LAND ON WHICH THE VIOLATIONS OCCURRED AND AGAINST ANY OTHER REAL OR PERSONAL PROPERTY WHICH MAY HAVE BEEN OWNED BY THE RESPONDENT IN BAY COUNTY. SO THE CLOCK IS RUNNING IS WHAT I WANT TO TELL YOU. SO I'LL CALL I'LL CALL THEM TODAY AND SEE WHAT I CAN GET DONE AND EXPLAIN TO THE, LOOK, THE LAWYER THAT YOU TALK TO, IF THEY THEY'LL GIVE YOU SEVERAL NAMES. CALL ONE OR MORE OF THOSE LAWYERS AND SAY, LOOK, HERE'S MY PROBLEM. MY MOTHER HAS DIED. ALL OF MY KINFOLKS ARE DEAD. I NEED TO GET THIS IN MY NAME. CODE ENFORCEMENT IS HAS GOT AN ACTION AGAINST IT, AND I CAN'T DO ANYTHING UNLESS THE PROPERTY IS IN MY NAME. I CAN'T GET ANY BUILDING PERMITS OR ANYTHING LIKE THAT, RIGHT? SO. LET THEM KNOW THAT THERE IS SOME URGENCY ABOUT IT, IS WHAT I'M SAYING. OKAY. OKAY. ALL RIGHT. THANK YOU. ALL RIGHT. HAVE A GET IT. ALL RIGHT. THAT WOULD BRING US TO ITEM E, WHICH IS ONE, TWO, THREE, FOUR NORTHEAST AVENUE.
THIS CASE WENT BEFORE THE SPECIAL MAGISTRATE ON JULY 17TH, 2024, AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE 17 DASH TWO. IN THE FORM OF A BLIGHTED STRUCTURE. THE RESPONDENT BLIGHTED STRUCTURE, DERELICT VEHICLES AND DERELICT WATERCRAFT. THE RESPONDENT DID APPEAR AT THAT HEARING. THE MAGISTRATE ORDERED THE RESPONDENT HAVE 15 DAYS TO BRING THE PROPERTY INTO COMPLIANCE OR INITIAL FINE OF $200, AND A DAILY FINE OF $25 WOULD BE IMPOSED UNTIL THE PROPERTY WAS BROUGHT INTO COMPLIANCE. A COPY OF THE MAGISTRATE'S ORDER IS ATTACHED AS EXHIBIT A. THESE ARE JULY 15TH, STARTING WITH SIDE SLIDE NUMBER THREE ARE THE PHOTOS THAT WERE PRESENTED TO YOU AT THE JULY 17TH HEARING. INVESTIGATOR BRUNING CONTINUED HIS INSPECTIONS AFTER THAT HEARING AND HE IS HERE TO ANSWER ANY QUESTIONS. I WILL TELL YOU THAT THE QUESTION IN DOUBT NOW IS THE ROOFING, AS YOU SEE IN THIS JULY 15TH, THE DERELICT VEHICLES HAVE BEEN CORRECTED. YEAH. THE VEHICLES AND WATERCRAFT HAVE BEEN CORRECTED.
ONLY ISSUE IS THE ROOF. SO ON AUGUST SEVENTH. SEE THAT 2024 THAT THE. ROOF REMAINED. THERE WAS A ON AUGUST 8TH AN INCOMPLETE PERMIT APPLICATION THAT WAS SUBMITTED BY THE OWNER BUILDER. THERE WAS I LISTED HERE OR WE LISTED HERE THE ITEMS THAT WERE MISSING IN THAT AS
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ATTACHED. EXHIBIT C, THERE WAS A LETTER FROM THE BUILDING DEPARTMENT ON OCTOBER 29TH, A STATEMENT OF NONCOMPLIANCE AND NOTICE OF HEARING WAS SENT TO THE PROPERTY OWNER. THAT THE PROPERTY OWNER IS HERE TODAY. THAT NOTICE WAS ALSO POSTED ON THE PROPERTY. AND AS OF DECEMBER 23RD, IT'S STILL AGAIN THE ROOFING IS IN QUESTION. YOU DID HAVE SOME CONTACT WITH MR. ATKINSON? YES. AND HE'S HERE TODAY TO. BUT ON DECEMBER. DID YOU RECEIVE ANYTHING FROM MR. ATKINSON? I DID HE HE SENT OVER A COUPLE DIFFERENT THINGS. THE UNDERLAYMENT HE SENT THE, THE AND THAT'S WHAT WE'RE SEEING THERE. RIGHT. WELL, THIS IS A, A COATING ON TOP OF THE UNDERLAYMENT. SO HE SENT HE SENT THE SPECIFICATION FOR THE UNDERLAYMENT AS WELL AS THE COATING. OKAY. BUT IT'S MY UNDERSTANDING YOU CANNOT PUT THAT COATING ON UNDERLAYMENT AND INSPECTOR THORPE. HE CAN GET INTO MORE DETAIL ON THAT. MR. THORPE, DO YOU WANT TO DISCUSS THE UNDERLAYMENT THAT TELL ME ABOUT THE ROOF? SURE. WE'RE MAGISTRATE INSPECTOR SCOTT THORPE, BUILDING INSPECTOR FOR CODE ENFORCEMENT. I SUBMITTED MY CREDENTIALS FOR THE RECORD. SO, MR. ADKINS, A WHILE BACK SUBMITTED THIS PLATINUM SAFETY SYNTHETICS. IT'S A GRIP. STOP UNDERLAYMENT SYNTHETIC THAT HE HAD ON THE ROOF FOR SOME TIME. IT'S ONLY GOOD FOR SIX MONTHS.UV RESISTANCE AND IT STARTS BREAKING DOWN AND KIND OF TEARING. THIS UNDERLAYMENT IS ONLY GOOD FOR RESIDENTIAL COMMERCIAL METAL MECHANICAL ATTACHMENT FOR LIKE A CONCRETE CLAY ROOF OR CLAY TILES. I'M SORRY. PRIME CEDAR SHINGLE SHAKE ASPHALT AND COMPOSITE SHINGLES.
THE THEN HE SUBMITTED THIS ULTRA SILICONE SILICONIZED FROM LANCO. IT DOES MEET THE ATSM OR ASTM STANDARDS FOR THE BUILDING CODE. SO IT IS AN A AN APPLICATION THAT YOU CAN PUT ON ROOFS.
HOWEVER, THIS APPLICATION CAN ONLY GO ON CONCRETE, METAL ROOFS, POLYURETHANE FOAM ROOF, ASPHALT MEMBRANE BUILD UP ROOF WHICH IS A ROLLED ROOF SHINGLE OR AN ASPHALT SHINGLE AND IT'S ONLY USED AS BASICALLY A FILLER FOR LEAKS OR CRACKS OR WHATEVER. SO IF YOU GET CONCRETE, YOU WANT TO FILL THE SEAMS OR WHATEVER. BUT AS FAR AS PUTTING THIS ON AN UNDERLAYMENT, IT IS NOT A FINAL ROOF COVERING. AND WE DISCUSSED THAT IN THE LAST ONE. I EXPLAINED TO HIM AND HE SUBMITTED ALL THIS, AND THIS CAME FROM FLORIDA BUILDING CODE FROM THE STATUTE. ALSO. THIS WAS REVIEWED BY THE BUILDING OFFICIAL. HIM AND I HAD A VERY LENGTHY CONVERSATION ON IT. I HAVE ALL THE DOCUMENTATION ON HERE FROM THE BUILDING CODE. BUT PUTTING THAT SILICONE SILICONIZED ROLL ON ON TOP OF THE MEMBRANE IS STILL NOT RIGHT. AND SO HE'S GOING TO HAVE TO PULL ALL THAT OFF, PUT AN UNDERLAYMENT AND PUT EITHER METAL SHINGLES, ASPHALT SHINGLE, ROLLED ROOF SHINGLES, SOMETHING ON IT. IF IT LEAKS IN OR LEAKS AROUND LIKE VENTS OR LIKE THE, THE THAT CHIMNEY OR WHATEVER THAT THE CUPOLA CUPOLA OR WHATEVER. IF IT LEAKED AROUND THERE, HE COULD USE IT FOR A SEALANT. IN THAT IN THAT MATTER. BUT AS A FINAL ROOF COVERING, IT IS NOT. SIR. ALL RIGHT. AND THAT ALL THESE ARE SUBMITTED AS EVIDENCE IN THE IN THE CASE FILE. OKAY. ALL RIGHT. OKAY. MR. ATKINSON, YOU WANT TO RESPOND? MORNING, MAGISTRATE. GOOD MORNING. DURING THIS PROCESS, I'VE TALKED WITH NUMEROUS BUILDING OFFICIALS. I TO BE IN COMPLIANCE WITH THE MAGISTRATE'S ORDER. I TALKED WITH BOTH SC WITH BO CRILL AT. FSI, WHICH IS A AN INSPECTION SERVICE. THAT'S DONE THROUGHOUT BAY COUNTY. MR. CREAL INFORMED ME THAT IN FACT, MY ROOF IS IN COMPLIANCE WITH THE FLORIDA BUILDING CODES. I HAVE A COPY OF. A STATEMENT HERE
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THAT SAYS THAT UNDER 1505 AND 1509, THAT ROOF COATINGS ARE ALLOWED AND ARE ALLOWED WITHOUT A PERMIT. HOWEVER, I CONTACTED THE BUILDING DEPARTMENT AND TALKED WITH PEOPLE AT THE BUILDING DEPARTMENT TO MAKE SURE THAT I WAS GOING TO BE IN COMPLIANCE. YOU'RE TALKING ABOUT THE COUNTY BUILDING. I'M TALKING ABOUT THE COUNTY BUILDING DEPARTMENT. NOW, THE COUNTY BUILDING DEPARTMENT ALSO ALLOWS YOU TO PULL A PERMIT, AND IT ALLOWS A PRIVATE INDIVIDUAL SUCH AS ECP, TO COME OUT AND DO AN INSPECTION. I STARTED THE PERMIT PROCESS AND THE BUILDING OFFICIAL, ONE OF THE ONE OF THE WOMEN IN THE BUILDING DEPARTMENT, I TALKED WITH ONE OF THE GENTLEMEN IN THE BUILDING DEPARTMENT, ONE OF THE WOMEN IN THE BUILDING DEPARTMENT CALLED ME. THEY HAD HAD SOME COMMUNICATION WITH THE WITH EITHER MR. HODGES OR BO CRILL, AND THEY TOLD ME AT THAT TIME WHAT I NEEDED TO DO WAS THAT I DIDN'T NEED A PERMIT. WHAT I NEEDED TO DO WAS SUBMIT MY INFORMATION TO CODE ENFORCEMENT, WHICH WHICH I DID WITHIN 24 HOURS. I SUBMITTED THAT TO CODE ENFORCEMENT. BASICALLY FOR FOUR MONTHS. I HEARD NOTHING BACK.AND THEN ON NOVEMBER 1ST, I RECEIVE A NOTIFICATION FROM CODE ENFORCEMENT THAT ONCE AGAIN THAT THEY INDICATED I WAS NOT IN COMPLIANCE. SO I IMMEDIATELY CALLED AND TALKED TO MR. BRUNING AND SAID, I'M I'M KIND OF BAFFLED. I THOUGHT THIS ISSUE HAD BEEN RESOLVED AND HE SAID, IT'S BASICALLY NOT RESOLVED TO MY SATISFACTION. AND SO I TOLD HIM I WOULD BRING HIM THE CODING INFORMATION. THERE WAS A CONVERSATION ABOUT THE ACTUAL CODING THAT WAS INVOLVED. SO I TOOK HIM THE CODING INFORMATION. I HAD SOME ISSUES GOING ON, SO I TOOK IT TO HIM A COUPLE OF DAYS ABOUT A WEEK OR SO WEEK, TWO WEEKS LATER, SOMETHING LIKE THAT. GOT THAT TO HIM. AND ACTUALLY I TOOK HIM TO THE CODING INFORMATION AFTER HE HAD POSTED THE PROPERTY. BUT I HAVE HERE FOR THE I HAVE SOME DOCUMENTS HERE THAT INDICATE THAT A CODING IS ABSOLUTELY ALLOWABLE AND IS AND DOES NOT REQUIRE A PERMIT. BASICALLY, TO BE IN COMPLIANCE FOR THE FOR THE ROOF SYSTEM. WELL, YOU KNOW, YOU CAN SAY COATINGS ARE ALLOWED. NOW THEY GOT SOMETHING THAT HAD BEEN ADVERTISING ON TV ABOUT SPRAYING A ROOF. AND THAT THAT WORKS. WHAT MR. THORPE SAID IS THE MATERIAL THAT YOU'VE GOT UNDERNEATH THAT COATING AND THAT COATING ARE NOT THOSE ARE NOT THE APPROVED. SO, YOU KNOW, A COATING IT, IT MIGHT WORK A COATING MIGHT WORK IF IT'S THE RIGHT COATING. BUT WHAT MR. THORPE HAS TESTIFIED TO THAT IS NOT THE RIGHT COATING. AND I DISAGREE WITH THAT. AND THE WELL, THE PROBLEM IS YOU'RE NOT THE EXPERT. HE IS THE EXPERT.
SIR, HE'S NOT, LIKE I SAID, LIKE I JUST STATED BEFORE, AND I STATED IN THE LAST TIME HE'S GOT YOU'RE GOING TO HAVE TO HAVE A FINAL ROOF COVERED OR SOMETHING. IF THAT LEAKS, THEN YOU CAN PUT THAT COATING ON. AND YES, YOU WON'T HAVE TO HAVE A PERMIT TO PUT THAT THAT SILICONE COATING ON THERE AS A REPAIR, BUT AS A FINAL ROOF COVERING THAT DOESN'T MEET ANY OF THE BUILDING STANDARDS. IT IS AN ACCEPTABLE USE FOR A PATCH. BUT AS A FINAL FOR 1020 YEARS, IT'S NOT ACCEPTABLE AND THE ATTENTION IS NOT FOR IT TO BE THERE 10 OR 20 YEARS. I'M GOING TO DO AN ADDITION TO THE FRONT OF THE HOUSE, AND AT THAT POINT I'M GOING TO DO THE FINALIZED THE FINALIZED ROOF COATING, BUT THAT'S NOT GOING TO WORK. OKAY. AT THE PRESENT TIME, YOU KNOW, WELL, MAGISTRATE, WHAT I'VE TRIED TO DO, I'VE TRIED TO I'VE TRIED TO BE IN COMPLIANCE. I, I'VE APPLIED FOR A PERMIT. THE BUILDING DEPARTMENT SAID I DID NOT NEED A PERMIT, THAT I NEEDED
[00:40:07]
TO SUBMIT THIS DOCUMENTATION. I DID THAT AND I'VE GOT ONE BUILDING OFFICIAL TELLING ME THAT, I MEAN, THIS THIS COATING IS PUT ON VIRTUALLY THOUSANDS OF ROOFS IN BAY COUNTY AND THOUSANDS OF MOTOR HOMES, THOUSANDS OF COMMERCIAL PURPOSE BUSINESSES, LIKE HE SAID, LIKE A PATCH. OKAY. SO, WELL, CAN I MAY I ASK THE MAGISTRATE TO GRANT ME AN ADDITIONAL TWO WEEKS TO GO AHEAD AND PUT A ROOF ON THE HOUSE? WELL, THE THING IS, THIS HAS BEEN ROCKING ON SINCE JULY.IT HAS, YOUR HONOR, AND I, I WAS UNDER THE IMPRESSION, BASED UPON THE SUBMISSION OF THE DOCUMENTS TO CODE ENFORCEMENT AND THE TIME FRAME, THAT CODE ENFORCEMENT DID NOT RESPOND BACK TO ME, THAT THAT I WAS COMPLIANT AT THAT TIME. WELL, IT LOOKS LIKE THE. A CERTIFICATE OF OR A STATEMENT OF NONCOMPLIANCE WAS SENT CERTIFIED MAIL IN OCTOBER. AND THEN THEN NOVEMBER 19TH THEY POSTED IT AND THEN IN AGAIN IN NOVEMBER. THEY POSTED IT HERE AT THE GOVERNMENT WEBSITE. SO IT'S NOT LIKE THIS IS A RECENT REVELATION. I MEAN, YOU'VE HAD MORE THAN A MONTH IN THE. SINCE THE FIRST THING WAS MAILED TO YOU AND IT SAYS IT WAS DELIVERED TO YOU ON NOVEMBER THE 1ST. SO THERE'S LIKE I SAID, THERE'S MORE THAN A MONTH THERE. SO I HAVE TALKED TO SOME PEOPLE THAT CAN HELP ME GET THE ISSUE RESOLVED. I HAVE HAVE THOSE PEOPLE IN PLACE AND I CAN HAVE A PERMIT PULLED WITHIN WITHIN 48 HOURS TO, TO GET EVERYTHING ROLLING AND START. I HAD A PERMIT IN FOLLOWING NOVEMBER.
THE FIRST THE BUILDING DEPARTMENT TOLD ME THAT I WAS APPLYING FOR A BUILDING PERMIT TO HAVE MY COATING INSPECTED AND HAVE IT, AND THEY TOLD ME THAT THAT WAS WAS NOT APPROPRIATE.
THEY HAD TALKED TO MR. KRILL OVER AT ECP, AND THEY SAID THAT I NEEDED TO SUBMIT THE DOCUMENTATION OF WHAT WAS ON THE ROOF TO CODE ENFORCEMENT, AND THEN THAT WAS DONE ON, I BELIEVE IT WAS AUGUST EIGHTH. AND THEN FROM AUGUST 8TH UNTIL NOVEMBER 1ST, I WAS UNDER THE IMPRESSION THAT EVERYTHING HAD BEEN COMPLETELY TAKEN CARE OF. WELL, NOVEMBER 1ST THEY GAVE YOU A NOTICE OF NONCOMPLIANCE. SO WHAT I'M SAYING IS, WHY DIDN'T YOU? THEY DID. AND I TALKED TO TWO DIFFERENT ROOFING COMPANIES, AND THEY TOLD ME THAT THEY WOULD PUT ME INTO THEIR SCHEDULE AND I NEEDED TO NOTIFY THEM OF, YOU KNOW, WHICH ONE I WAS GOING TO GO WITH. AND THE APPROXIMATE TIME I TALKED TO THEM THE OTHER DAY AND BASICALLY THEY'RE ABOUT TO THE POINT WHERE THEY CAN THEY CAN START MY PROJECT, BUT THEY HAVEN'T PULLED A PERMIT YET. IN ORDER TO MOVE FORWARD. BUT I WANTED TO ADDRESS THIS BECAUSE IT WAS MY UNDERSTANDING WITH THE WITH CHAPTER 1505 AND 1509 THAT I, THAT I WAS IN COMPLIANCE WITH THAT. THERE'S OBVIOUSLY A DISAGREEMENT BETWEEN MYSELF AND SOMEONE ELSE. BUT ACCORDING TO THE CODE, AS I READ IT, I'M IN COMPLIANCE AND IF THE MAGISTRATE WOULD JUST GIVE ME AN ADDITIONAL WEEK TO TWO WEEKS, I CAN HAVE THIS THING RESOLVED. AND QUITE FRANKLY, I WANT TO GIVE YOU SOMETHING THAT WILL PROMPT YOU INTO ACTING RATHER THAN THE PROMISES THAT THAT YOU'RE MAKING. THIS TIME, AND SO YOU CAN SHUT IT DOWN BY YOU KNOW, GETTING YOUR THE PERMIT, OBTAINING A ROOFING PERMIT WILL SHUT IT DOWN, WON'T IT? YES.
YES, SIR. THERE'S YOUR ANSWER RIGHT THERE. GET YOUR ROOFING PERMIT AND IT WILL SHUT DOWN THE
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FINE. SO YOU SAID YOU COULD GET IT IN 48 HOURS. SO YOU WON'T SUFFER TOO MUCH OF A FINE AT THAT POINT. BUT QUITE FRANKLY, I'M. I'M CONCERNED THAT YOU'VE BEEN SITTING ON YOUR HANDS SINCE NOVEMBER THE 1ST. WELL, I HAD COMMUNICATIONS WITH MR. BRUNING AND THERE WAS A COUPLE OF TIMES THAT MR. BRUNING WASN'T IN. I HAD COMMUNICATIONS WITH SOME OF THE OTHER PERSONNEL AND CODE ENFORCEMENT. THE HOLIDAY WAS KIND OF ALMOST A LOST WEEK. AND I HAD AN EMPLOYEE WHOSE WHOSE MOTHER DIED THAT CREATED A SITUATION THAT I DID NOT ANTICIPATE. BUT I I'M TRYING TO DO EVERYTHING I CAN TO BE IN COMPLIANCE WITH THE MAGISTRATE'S ORDER. AND, YOU KNOW, I'VE I'VE TALKED TO BUILDING OFFICIALS WHO TELL ME MY ROOF IS FINE. I'VE TALKED TO ROOFING COMPANIES THAT ARE YOU'VE TALKED TO BUILDING OFFICIALS WHO TELL YOU YOUR ROOF IS FINE. NOBODY THAT WORKS FOR THE COUNTY HAS TOLD YOU THAT. ACTUALLY, ECP WORKS WITH A NUMBER OF CITIES AND COMPONENTS, AND THEY'RE LICENSED IN THE STATE OF FLORIDA TO DO INSPECTIONS AND TO DO THESE TYPES OF THINGS. OKAY. ALL RIGHT. YOU KNOW, I KNOW WHO ECP IS. AND THAT'S THAT. WE'LL JUST HAVE TO GO FROM THERE. ALRIGHT. ANYTHING ELSE? FROM CODE ENFORCEMENT. JUST JUST FOR CLARIFICATION. YOU'RE SAYING YOU PROVIDED THE CODING TO CODE ENFORCEMENT ON AUGUST EIGHTH? THE SPECS FOR IT OF WHAT YOU USED OR DID YOU PROVIDE. YOU DIDN'T PROVIDE THAT. YES I DID.I DID PROVIDE THE CODING SPECIFICATION TO MR. BRUNING ON AUGUST 8TH. NO, THE COUNTY BUILDING DEPARTMENT TOLD ME TO PROVIDE THE MATERIAL THAT WAS ON THE ROOF. I PROVIDED THE UNDERLAYMENT MATERIAL TO CODE ENFORCEMENT WITHIN 24 HOURS OF THE COUNTY BUILDING DEPARTMENT TELLING ME TO DO SO. SO THAT WOULD HAVE BEEN IN AUGUST. I'M SORRY. YOU'RE SAYING THAT WOULD HAVE BEEN IN AUGUST BECAUSE. YES, MA'AM. YES. IS THAT CORRECT? I SUBMITTED TWO DIFFERENT DOCUMENTS TO THE COUNTY. I SUBMITTED A UNDERLAYMENT MATERIAL DOCUMENT TO THE COUNTY IN AUGUST. BASED UPON WHAT THE BUILDING DEPARTMENT TOLD ME TO DO, AND THEN, MR. BRUNING, I HAD A CONVERSATION WITH MR. BRUNING THAT I THOUGHT THIS WAS RESOLVE, AND HE HAD ASKED FOR INFORMATION ABOUT THE ROOF COATING. AND SO I PROVIDED THAT TO HIM. WELL, CODING INFORMATION DOCUMENT WAS PROVIDED TO CODE ENFORCEMENT. WEDNESDAY BEFORE THANKSGIVING, THE DAY BEFORE THANKSGIVING. OKAY. WELL, IT SAYS HERE IN YOUR ENTRY OF AUGUST THE 8TH THAT THE PRODUCT APPROVAL SHEETS AND THE AFFIDAVIT AND NOTICE TO BUILDING OFFICIAL OF USE OF A PRIVATE PROVIDER, I WOULD ASSUME THAT WOULD BE MR. CREEL. ALL OF THAT WAS MISSING IN HIS APPLICATION, AND I DON'T SEE ANYWHERE THAT IT'S BEEN COMPLETED. BUT THEN AGAIN, NOVEMBER THE 25TH, HE DROPPED OFF A COPY OF THE PRODUCT INFORMATION THAT WAS APPLIED. AND THEN THAT'S WHAT MR. THORPE HAS TESTIFIED TO, THAT IT'S NOT APPROVED. SO, YOU KNOW, IF IN AUGUST THE 8TH, IF YOU'D HAVE PROVIDED THE PRODUCT TO INFORMATION THAT WAS REQUIRED, THEN YOU KNOW, THIS THIS SHIP WOULD NOT HAVE KEPT ON ROCKING DOWN THE ROAD. THEY WOULD HAVE TOLD YOU RIGHT THEN, HEY, IT DON'T WORK. WELL, AND, YOUR HONOR, I WOULD HAVE EXPECTED THE SAME THING. I SUBMITTED THAT ON AUGUST 8TH TO THE BUILDING DEPARTMENT, AND I HEARD NOTHING BACK FROM. I'M SORRY TO CODE ENFORCEMENT. THE BUILDING DEPARTMENT TOLD ME NOT TO GO ANY FURTHER ON MY APPLICATION FOR ROOF UNTIL I SUBMITTED THIS DOCUMENT TO CODE ENFORCEMENT. WELL, AND YOU DIDN'T DO THAT UNTIL NOVEMBER THE 25TH. SO. ALL RIGHT, BASED ON THE TESTIMONY THAT I'VE HEARD AND THE EXHIBITS THAT I'VE SEEN, I'M GOING TO FIND THAT IT IS APPROPRIATE THAT ONE, THAT THERE IS NONCOMPLIANCE WITH MY PREVIOUS ORDER OF. THE 17TH DAY OF JULY, 2020 FOR THAT.
THEREFORE, THERE IS AN INITIAL FINE OF $200, WHICH IS IMPOSED, WHICH SHALL DRAW INTEREST AT THE
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STATUTORY RATE FROM THE DATE OF RECORDING THAT THERE IS AN ADDITIONAL DAILY FINE OF $25 PER DAY TO CONTINUE TO ACCRUE UNTIL THE VIOLATION IS CORRECTED OR YOU GET YOUR ROOFING PERMIT.UPON THE RECORDING OF THE ORDER AND THE RECORDS OF BAY COUNTY, THE COST LEVIED AGAINST THE RESPONDENT SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS OCCURRED AND AGAINST ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENTS. JUST FOR CLARIFICATION, BECAUSE I REALIZED JUST SOMETIMES HEARING IT, THAT I MISSED IT. THE DAILY FINE OF $25 IS TO BE IMPOSED STARTING ON WHAT DATE SHOULD IT? TYPICALLY, WE WOULD SAY IT WOULD HAVE BEEN THE 15 DAYS AFTER THE ORIGINAL ORDER. SO. 17TH. I GAVE HIM 15 DAYS TO DO IT. RIGHT.
YEAH. SO IT SHALL BEGIN TO ACCRUE 15 DAYS AFTER JULY. THE 18TH. 18TH. YEAH. OKAY. OKAY. OF 24. THANK YOU. OKAY. ALL RIGHT. THAT WOULD BRING US TO ITEM F, AS IN FRANK. PROPERTY ADDRESS IS 1109 SIXTH STREET.
AND THE FIRST FEW SLIDES STARTING WITH SLIDE NUMBER TWO IS JUST FOR LOCATION PURPOSES.
AND YOU CAN PROPERTY IS OVER HERE ON THE MY LEFT HAND SIDE OF THE SCREEN OUTLINED IN RED. IT IS IN THE UNINCORPORATED AREA OF BAY COUNTY, COMMONLY KNOWN AS SOUTHPORT. WE'VE GOT HIGHWAY 77 ON THE OPPOSITE SIDE OF THE SCREEN. AND THIS IS JUST A CLOSER UP AERIAL OF THE PROPERTY. THE PROPERTY LINES ARE NOT ACCURATE ON THIS. ON JUNE 26TH OF THIS YEAR, INVESTIGATOR TIM JUSTICE OBSERVED THIS PROPERTY. WHILE HE WAS CONDUCTING AN INVESTIGATION ON THE NEIGHBORING PROPERTY. AND THESE PHOTOS WERE TAKEN BY INSPECTOR JUSTICE. AND HE FOUND IT IN VIOLATION OF AN UNFIT, UNSAFE STRUCTURE. JUNK AND TRAS. AN INSPECTION WAS CONDUCTED BY INSPECTOR THORPE. AND INSPECTOR THORPE IS HERE TO TESTIFY. GOOD MORNING AGAIN, MAGISTRATE INSPECTOR THORPE. ON THIS DAY, I DID MEET WITH THE PROPERTY OWNER. SHE DOES RESIDE NEXT DOOR. INVESTIGATOR JUSTICE AND I SPOKE WITH HER. THERE WAS SOME INDIVIDUALS TEMPORARILY STAYING HERE. AND SHE GOT US THROUGH THE PROPERTY AROUND THE OUTSIDE. AND THEN INTO THE INTERIOR. SINGLE FAMILY WOOD FRAME STRUCTURE THAT SITS HERE ON THE PROPERTY. NEXT SLIDE PLEASE. AND I'M SORRY YOUR PHOTOS START WITH SLIDE NUMBER TEN. CORRECT. YES. YES. AND THIS IS THE BACKSIDE AS WE WALK AROUND, IF YOU SEE THE DEVIATION IN THE ROOF. THERE'S SOME JUST SOME, SOME MAJOR STRUCTURAL WALL ISSUES THERE. AND AS YOU'LL SEE AS WE GET INSIDE AS A CLOSER VIEW OF THE DEFLECTION AND THE ROOF LINE THERE AND THE WALLS BOWED OUT, ROTTING AT THE BASE PLATE. INDICATES THAT THE FOOTERS ARE COLLAPSED AND FLOOR JOISTS ARE MISSING. ROTTING WALLS IS ACTUALLY NO BOTTOM PLATE OR RIM JOISTS AROUND THERE. EXPOSED ELECTRICAL. AS WE WALKED ON TO THE INTERIOR, KITCHEN WAS ALL THERE AND PRESENT. YOU CAN START SEEING THE FLOOR IF YOU LOOK IN THE BACK CORNER. YOU CAN START SEEING THE FLOORS COLLAPSING BACK THERE. RIGHT THERE. YEP.
NEXT PHOTO PLEASE. AS WE GO IN, THAT'S THE BATHROOM IN FRONT OF US. AND PLYWOOD'S BEEN PLACED THERE FOR TEMPORARY FLOORING. TOILET'S BEEN MOVED OVER, AND THE BATHROOM'S STARTING TO SINK AS WE GO FURTHER INTO THE HOUSE. YOU CAN SEE DIRT THERE. AND THIS HALLWAY SLOPES DOWN ABOUT TEN 12IN. AS WE ENTER THAT REAR ROOM, THERE. AND THERE'S THE MISSING AND ROTTING COMPLETE
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FLOOR. AND THIS IS WHY THE BACK WALL IS COLLAPSED. THERE'S NO STRUCTURAL SUPPORT, NO FOOTERS INSIDE HOLDING THIS PORTION OF THE STRUCTURE UP. YOU CAN SEE THE BOTTOM PLATE. GONE. THE SUNKEN FOOTERS THERE. COLLAPSING CEILING. THERE'S THE WALL BOAT OUT FROM THE INSIDE. MORE ROTTING TO THE BOTTOM. AND HERE'S A OVERVIEW OF THE ENTIRE ROOM THERE. IT'S JUST A DIRT FLOOR WITH WOOD PARTICLES AND A DIFFERENT SHOT FROM THE OTHER CORNER. SAME ROOM. ELECTRICAL FLOOR SIMPLY COLLAPSED. THERE'S NO FLOOR IN THERE. IT'S DIRT. THE FLOOR JOISTS ARE GONE.ROTTED OUT. COLLAPSED DOWN. THE FOOTERS, WHICH WERE CMU BLOCK FOOTERS, THEY'VE SUNKEN IN. SO JUST YEARS OF ROT IS ALL. ELECTRICAL HAS BEEN SPLICED FROM THE LAUNDRY ROOM. SOME ELECTRICAL ADDED. DOESN'T MEET ANY C CODE. THERE'S NO GROMMETS. THERE'S NO. THERE'S NO CONDUIT ENCASING THE ELECTRICAL LINES. AREN'T THEY SUPPOSED TO BE TIED DOWN? THEY ARE. THEY'RE SUPPOSED TO BE. THROUGH GRAY CONDUIT. THE GRAY PLASTIC CONDUIT THAT WAY PREVENTS FROM CHAFING. OR SOMEONE BUMPING OR NICKING THEM. AND THEN THERE WAS A SHED OUT IN THE REAR AND ACCESSORY WITH A PINE TREE THROUGH THE ROOF. AS THEY SIT BOTH UNFIT, UNSAFE STRUCTURES, LIKE I SAID, WE WERE WE WERE THERE WITH THE PROPERTY OWNER. SHE WALKED US THROUGH AND KIND OF SHOWED US EVERYTHING THAT WAS GOING ON. THAT'S ALL I HAVE, SIR. ALL RIGHT. AND THEN ON AUGUST 12TH, 2024, INVESTIGATOR TONY BERNING WAS ASSIGNED THIS CASE. MISTER BRUENING CAN YOU STATE YOUR FULL NAME FOR ME, PLEASE? TONY BRUNI, BAY COUNTY CODE ENFORCEMENT. I SUBMITTED MY INVESTIGATIVE REPORT NOTICES AND EXHIBITS FOR THE RECORD, ON AUGUST THE 12TH, 2024. I INSPECTED THE PROPERTY AND IT REMAINED IN VIOLATION. ON THIS DAY, A NOTICE OF VIOLATION WAS SENT TO THE OWNER OF RECORD.
THE CERTIFIED NOTICE RETURNED UNCLAIMED. THE REGULAR MAIL DID NOT RETURN. YOU SEE, YOU GOT FURNITURE IN THE FRONT YARD. YOU GOT. THERE'S A PILE OF JUNK IN THE FAR LEFT SIDE OF THE HOUSE.
RIGHT HERE. YEAH. ON OCTOBER THE 30TH, THE NOTICE OF VIOLATION NOTICE OF HEARING WAS SENT CERTIFIED IN REGULAR MAIL TO THE OWNER OF RECORD. NOTICE WAS DELIVERED TO THE RESPONDENT ON NOVEMBER THE 6TH, 2024. NOVEMBER 7TH. OWNER AND ENCUMBRANCE REPORT WAS RECEIVED. THERE WERE NO ENCUMBRANCES TO NOTIFY. ON NOVEMBER THE 20TH, I POSTED THE PROPERTY AND AS YOU CAN SEE, IT REMAINS IN VIOLATION. NOVEMBER 21ST, THE COPY OF THE NOTICE OF HEARING WAS POSTED AT THE BAY COUNTY GOVERNMENT WEBSITE. ON DECEMBER 3RD, I INSPECTED THE PROPERTY. IT REMAINED IN VIOLATION AND AS OF THIS MORNIN, THERE'S NO PERMITS OF ANY KIND. THE CASE IS SCHEDULED FOR. LET ME BACK UP. I'VE HAD NO COMMUNICATION WITH WITH THE RESPONDENT AS OF DATE. SO THE CASE IS SCHEDULED FOR COMPLIANCE HEARING ON JANUARY 8TH AT 1 P.M. THAT CONCLUDES MY TESTIMONY. ALL RIGHT. MISS SMITH? YES. YOU HAVE IN COMPLIANCE WITH ME. OUT WITH YOU. PARDON? HE'S THE ONE THAT TOLD ME I NEED TO GO TO COURT AND TALK WITH YOU. OKAY. ALL RIGHT. EXTENSION. BECAUSE IN 20 MORE DAYS, I'LL BE 71. AND I'M DOING THIS WITH MY HANDICAPPED SON. AND AT THE SAME TIME, I HAVE ANOTHER PIECE OF PROPERTY THAT WAS CALLED A FIRE. AND THEY TRIED TO BURN THE HOUSE DOWN.
THE ONE I WAS LIVING IN, AND THEY BURNT THE POLE BARN. THE SHED, AND MELTED THE WHOLE FRONT OF THE HOUSE. AND WHEN THE FIRE DEPARTMENT PUT THE HOSE PIPES ON THE WINDOWS, THEY BLEW OUT. OF COURSE. AND I'VE GOT THE VINYL TILE, VINYL SIDING REPLACED, BUT I DON'T HAVE THE WINDOWS BACK IN, SO I CAN'T MOVE BACK IN. I'M LIVING IN THAT LITTLE TRAVEL TRAILER YOU SEE RIGHT HERE TO THE RIGHT OF THE SCREEN, AND IT HAS NO WATER IN IT. AND I'M DOING THE BEST I CAN. BUT I HAVE COOPERATED WITH THEM. I HAVE TALKED WITH THEM. I HAD THE PLACE SOLD, AND WHEN THE HOUSE GOT AFIRE, EVERYTHING THAT WAS ON MY PHONE WAS THE TELEPHONE NUMBERS TO THE MAN THAT WAS BUYING THE HOUSE. SO HE HAS NO WAY OF CONTACTING ME BECAUSE I DON'T HAVE THE SAME NUMBER AND HE DOESN'T HAVE THE SAME NUMBER. AND I HAVE A MAN, MR. ROBERT KING, AND HE WORKS. HE'S A
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CONTRACTOR AND HE'S GOING TO REDO THE FLOOR JOISTS IN THE HOUSE AND CHARGE ME ADEQUATELY.AND. THE FLOOR IN THAT BEDROOM WHERE IT WAS ALL REMOVED, I REMOVED THAT WITH MY HANDICAPPED SON. WE TOOK THAT OUT SO IT WOULD BE EASIER FOR THE MAN TO COME IN AND PUT THE FLOOR JOISTS IN. BUT ALL OF THAT HAS BEEN BURNT AND THE FURNITURE IN THE FRONT YARD WAS A YARD SALE THAT I WAS HAVING, TRYING TO GET RID OF SOME OF THE STUFF AND TO PAY FOR THE FINES AND THE. LET ME ASK YOU, DID THE HOUSE THAT WE HAD THE PICTURES OF, IS THAT WHAT BURNED? OH NO SIR. THE HOME I WAS LIVING IN THAT THEY REBUILD GAVE ME A FOUR BEDROOM TRAILER AFTER HURRICANE MICHAEL DESTROYED MY 16 ROOM HOME. AND I'M PROUD. DON'T THINK I'M KNOCKING IT AT ALL. I'M PROUD TO HAVE HAD THAT HOME. AND WE'D HAD IT LESS THAN A YEAR WHEN IT WAS CAUGHT AFIRE AND THE SCARIEST MOMENTS OF MY LIFE, BECAUSE I THOUGHT MY GRANDDAUGHTER WAS MISSING. BUT SHE HAD SNUCK OUT TO HER BOYFRIEND'S HOUSE, SO YEAH, SHE HAD HELL TO PAY. BUT I'M JUST THANKFUL SHE'S ALIVE AND EVERYBODY'S ALIVE. AND THEY WEREN'T HURT. BUT I DO HAVE A MAN THAT SAYS HE CAN FIX A HOUSE. HE CAN PUT THE FLOOR JOISTS BACK IN. AND I HAD A TENANT IN THERE THAT WAS PAYING ME, AND HE GOT UPSET BECAUSE I WASN'T SELLING THE HOUSE. SO HE TURNED THE GUTTERS. THE GUTTER WHERE THEY WERE SUPPOSED TO BE GOING OUT. THAT WAY. HE TURNED THEM WHERE THEY GO UNDER THE HOUSE, AND THAT CAUSED THE FLOOR JOISTS TO ROT OUT. AND WHICH CREATED A DOMINO EFFECT OF THE HOUSE. BUT. WELL, YOU KNOW, TO PUT THESE FLOOR JOISTS BACK IN, YOU'VE GOT TO HAVE A BUNCH OF PLANS AND IT'S GOT TO BE APPROVED AND ALL OF THAT SORT OF STUFF. YOU REALIZE THAT? YES, SIR. HE'S INFORMED ME. OKAY. AND HE SAYS HE DOES THIS FOR A LIVING AND THAT HE KNOWS EXACTLY WHAT HE'S DOING. AND I'M WILLING TO TURN IT OVER TO HIM NOW THAT. WELL, IS HE A CONTRACTOR? YES, SIR. OKAY. ALL RIGHT. YOU DON'T WANT TO BE USING AN UNLICENSED CONTRACTOR? NO, SIR. AND I FELL AND BROKE MY KNEECAP, WHICH IS IN TURN MESSED MY HIP UP. SO I'M DOING THIS WITH A LOT OF PRAYER.
I KNOW THAT KNEECAPS CAN BE BAD. MY WIFE BROKE BOTH OF HERS, SO. ALL RIGHT.
HOW QUICKLY DOES THIS CONTRACTOR SAY HE CAN GET ON IT? WELL, HE JUST GOT BACK FROM TEXAS ON HIS THANKSGIVING VACATION. AND HE SAYS HE'S GOING TO GET ON IT THIS MORNING. SO. BUT THE GRASS HAS BEEN CUT AND EVERYTHING. LAST NIGHT, ABOUT 9:00, MY SON GOT OUT THERE LIMPING AND HOBBLING AND GOT THE GRASS CUT. AND I TOOK PICTURES OF IT. BUT I TURNED MY PHONE OFF AND I DON'T KNOW IF I CAN EVEN GET IT BACK ON, BUT I COULD LET THIS YOUNG LADY HERE LOOK AT THE PICTURES OF FIND OUT HOW TO TURN IT BACK ON. I JUST DIDN'T WANT IT TO GO OFF. THIS IS A COVEY OF BIRDS.
YOUR HOUSE BURN THE SEVENTH. NO, THE 5TH OF NOVEMBER. OF NOVEMBER? OKAY. SO YOU GOT A MONTH OF THAT? YES, SIR. SHE'S REFERRING TO A DIFFERENT PROPERTY AROUND THE CORNER.
RIGHT? RIGHT. THIS ONE DID NOT BURN THE WAY HE UNDERSTANDS. YEAH. 7629 SANTA ROSA AVENUE. I LIVED THERE 33 YEARS WITH MY DECEASED HUSBAND. IF YOU WOULD, MR. SMITH. GIVE HER A GOOD MAILING ADDRESS. BECAUSE IF YOU'RE NOT, IS THAT ONE 7629 SANTA ROSA AVENUE, SOUTHPORT, FLORIDA. IT COMES UP PANAMA CITY. ALL OF THE SOUTHPORT NUMBERS DO, BUT IT IS SOUTHPORT, FLORIDA. 32409. ALL RIGHT. ALL RIGHT. IT SEEMS LIKE YOU HAVE BEEN SWIMMING UPSTREAM HERE.
YES, SIR. SO WITHOUT A PADDLE. ALL RIGHT. I'M GOING TO FIND THAT THE. LET ME ASK YOU THIS. DO YOU HAVE ANYTHING ELSE THAT YOU WANT TO ADD? I THOUGHT BOTH OF THEM WERE
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DUE TODAY, AND HE COULD ONLY FIND ONE ON THE DOCKET FOR THIS MORNING. BUT I DID PICK ALL THE LETTERS UP FROM THE POST OFFICE AND. I AM IN COMPLIANCE AS MUCH AS I CAN BE, AND I WILL, BY THE GRACE OF GOD, FINISH IT. AND THAT BACKYARD FROM THOSE PICTURES. OH, IT LOOKS A 75% BETTER THAN THOSE PICTURES. DO YOU HAVE ANYTHING ELSE? NO. ALL RIGHT. I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 1109 SIXTH STREET IN BASICALLY SOUTHPORT, IS LOCATED WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. THE. NOTICE WAS GIVEN TO THE RESPONDENT. SHE HAS APPEARED AND TESTIFIED IN THIS MATTER. THERE IS A VIOLATION OF 17 TWO IN THE FORM OF AN UNFIT OR UNSAFE PRIMARY STRUCTURE AND AN UNSAFE OR ACCESSORY STRUCTURE. AND THAT'S THE BUILDING THAT THE TREE FELL ON OUT THERE. THAT'S BEEN REMOVED. HAS IT? YES, SIR. I'M SORRY. RIGHT. JUNK AND TRASH. I BURNED. SHE SAID THAT. THAT'S CLEANED UP. BUT I BURNT AND BURNT AND BURNT ALL WEEKEND.I MEAN, OKAY, WELL, DON'T, YOU KNOW, DON'T START A FIRE IN THE NEIGHBORHOOD FOR GOD. NO, SIR.
I'VE ALREADY. OKAY. MISS SMITH HAS APPEARED AND TESTIFIED IN THIS MATTER AND BEEN AFFORDED THE OPPORTUNITY TO ASK QUESTIONS. I'M GOING TO SET A TIME PERIOD OF 60 DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING ANY REMAINING JUNK OR TRASH OUT THERE IN THE YARD.
YES, SIR. AND ADDRESS THE UNFIT OR UNSAFE STRUCTURE. SHE INDICATES THE ACCESSORY STRUCTURE HAS BEEN REMOVED. APPLY FOR AND OBTAIN A DEMOLITION PERMIT TO DEMOLISH THE UNFIT OR UNSAFE STRUCTURE. AS MAY BE DEFINED OR THE ACCESSORY STRUCTURE IF IT HASN'T BEEN AS DEFINED IN THE LAND DEVELOPMENT REGULATIONS, AND REMOVE THE DEMOLITION DEBRIS FROM THE PROPERTY OR IN THE ALTERNATIVE REPAIR THE UNFIT OR UNSAFE STRUCTURE IN THE FOLLOWING MANNER. SUBMIT A BUILDING APPLICATION TO THE BAY COUNTY BUILDING DEPARTMENT AND THAT APPLICATION MUST INCLUDE FULL STRUCTURAL REPORT AND A SET OF STRUCTURAL REPAIR DRAWINGS FROM A FLORIDA LICENSED AND REGISTERED DESIGN PROFESSIONAL TO THE CODE ENFORCEMENT DIVISIO.
SUBMIT A DETAILED ACTION PLAN, INCLUDING TIME FRAMES OUTLINING THE NECESSARY REPAIRS FOR THE STRUCTURE TO CODE ENFORCEMENT, ALL REQUIRED PERMITS AND ENGINEERING PLANS HAVE GOT TO PASS THROUGH THE PLAN REVIEW PROCESS BEFORE THE PERMITS WILL BE ISSUED. ALL PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED BY THE BUILDER'S SERVICES DIVISION STAFF OR DESIGNEE, AND THE REPAIRS HAVE GOT TO BE MADE IN ACCORD WITH THE ACTION PLAN. AND THE STRUCTURAL REPORT, ALL BUILDING PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED AND MUST BE FINALIZED FOR THE REPAIRS TO BE DEEMED COMPLETE. IF AT ANY TIME THE PERMITS BECOME VOID FOR ANY REASON, IT SHALL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT AND INFORM CODE ENFORCEMENT OF PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. YES. IF YOU FAIL TO BRING THE PROPERTY INTO COMPLIANCE WITHIN THE 60 DAYS, I'M GOING TO REDUCE THAT FINE TO $100. THANK YOU SIR. AND THAT FINE WILL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL, LOCATED IN BAY COUNTY. NONCOMPLIANCE SHALL ALSO BE DEEMED TO HAVE OCCURRED IF YOU GET A DEMOLITION OR A BUILDING PERMIT, AND THEN IT BECOMES VOID OR EXPIRES FOR ANY REASON. THAT WILL BE DEEMED A DEFAULT. AND IN SUCH CASES, THE COUNTY MAY ENTER UPON THE PREMISES 30 DAYS AFTER SUCH EXPIRATION OR AFTER SUCH DEFAULT, AND ABATE THE VIOLATIONS THEN FOUND TO EXIST.
SUCH AUTHORITY SHALL INCLUDE REMOVING ANY AND ALL UNFIT OR UNSAFE PRIMARY AND ACCESSORY STRUCTURES. JUNK. TRASH. DEMOLITION, DEBRIS, ETC. AND TO ASSESS THE RESPONDENT WITH ALL THE REASONABLE COST OF REMOVING THE VIOLATION AND THE ENFORCEMENT ACTION. THE
[01:10:06]
ABATEMENT SHALL INCLUDE. DEMOLISHING ANY ACCESSORY STRUCTURES MAY BE PROHIBITED BY THE LAND DEVELOPMENT REGULATION. REMOVING ANY AND ALL POWER POLE. REMOVING ANY AND ALL TREES. ET CETERA. THAT MAY POSE A DANGER TO THE ABATEMENT PROCESS. FILLING OR CRUSHING ANY UNSECURED SWIMMING POOLS. CRUSHING ANY UNPERMITTED, UNSAFE OR ABANDONED SEPTIC TANK SYSTEMS. ANY ADDITIONAL UNSAFE CONDITIONS OR ATTRACTIVE NUISANCES FOUND TO EXIST UPON ENTRY UPON THE PREMISES SHALL BE WITHIN THE SCOPE OF THIS ORDER AND MAY BE ABATED AS DEEMED NECESSARY. LET YOUR CONTRACTOR KNOW THAT YOU'VE GOT TO BE, YOU KNOW, GETTING YOUR PERMITS AND EVERYTHING AND GETTING THE PERMIT. YOU KNOW, I SAID 60 DAYS. THAT DOESN'T MEAN HE'S GOT TO BE FINISHED WITH THE WORK IN 60 DAYS. THAT MEANS HE'S GOT TO BE PAPERWORK IN ORDER UNDER THE BUILDING PERMIT THAT HE'S OBTAINED BECAUSE OF ALL OF THIS. YES, SIR. SO TELL HIM, DON'T LET THE GRASS GROW UNDER HIS FEET. HE'S GOT TO GOT TO GET ON THE STICK HERE. YES, SIR. OKAY.THANK YOU. I HOPE YOU FEEL BETTER. WAIT, WAIT WAIT. ONE SECOND. DO WE WANT TO CHANGE THE COMPLIANCE HEARING DATE TO THE FEBRUARY 12TH HEARING? INSTEAD OF THE JANUARY EIGHTH? IS THAT GOING TO. IS THAT GOING TO BE. LET'S SEE. YEAH, THAT'LL BE ENOUGH TIME. YEAH. OKAY. SO ON FEBRUARY 12TH AT 1:00 WE'LL HAVE THE COMPLIANCE HEARING. AND HE'S WRITING THAT DOWN FOR YOU. HE'S GOING TO GIVE YOU THAT DATE. OKAY. OKAY. AND WHAT WE'RE GOING TO DO ON THAT DATE IS WE'LL SAY, HAS SHE DONE WHAT SHE'S SUPPOSED TO BE DOING? THAT'S THAT'S THE WHAT I'M GOING TO CALL A DROP DEAD DATE. SO IS THAT ON THIS PROPERTY OR BOTH PROPERTIES? THAT'S ON THIS PROPERTY. I'M NOT DEALING WITH ANY OTHER PROPERTY AT THE PRESENT TIME. THANK YOU. OKAY. WE'VE HAD TWO, TWO OTHER ITEMS COME IN LATE AFTER WE STARTED. WE HAVE ITEM A AND ITEM L HERE. NOW, IF YOU'D LIKE TO START WITH ITEM A, BOTH OF THOSE WILL NEED TO BE SWORN IN. SO ITEM A PROPERTY ADDRESS IS 6732 EAST SIXTH STREET. IF I CAN GET THERE. OKAY. THIS IS THIS FIRST SLIDE ACTUALLY SLIDE NUMBER TWO SHOWS THE PROPERTY. IT IS IN THE UNINCORPORATED AREA OF BAY COUNTY, COMMONLY KNOWN AS CALLAWAY. THE PROPERTY THERE OUTLINED IN BLUE AT THE BOTTOM RIGHT HAND CORNER, THAT'S GOING TO BE CALLAWAY ELEMENTARY SCHOOL RIGHT HERE. THE PROPERTY IS PARTIALLY LOCATED IN A AN A FLOOD ZONE. THE MAIN STRUCTURE IS. AND ON JUNE 5TH OF 2024, WE DID RECEIVE A COMPLAINT OF INDIVIDUALS LIVING IN A SHED AND DUMPING RAW SEWAGE ON THE GROUND. AND ON JUNE 7TH, FORMER INVESTIGATOR WILBURN DID. JENNIFER WILBURN DID SPEAK WITH THE COMPLAINANT, WHO GAVE PERMISSION TO ACCESS THEIR PROPERTY TO SEE THE VIOLATIONS. AND ON JUNE SEVENTH, SHE COMPLETED THE INITIAL SITE INSPECTION. THESE ARE STARTING WITH SLIDE NUMBER FIVE ARE GOING TO BE HER PHOTOS WHERE YOU SEE THE TRASH JUNK, A DERELICT VEHICLE. VEHICLE PARTS. ON JUNE 27TH, 2024, INVESTIGATOR ROBERT CLARKSON WAS REASSIGNED. THIS CASE AND HE IS HERE TO TESTIFY FOR MAGISTRATE ROBERT CLARKSON COUNTY CODE ENFORCEMENT. I HAVE SUBMITTED MY INVESTIGATIVE REPORT EXHIBITS AND AFFIDAVITS FOR THIS CASE ON JUNE 27TH. AS STATED, THIS CASE WAS REASSIGNED TO ME, AND I DID GO OUT AND CONDUCT A VISUAL INSPECTION. I WAS ABLE TO VERIFY THE VIOLATIONS THAT INVESTIGATOR WILBURN HAD NOTED. THIS SLIDE TEN. OBVIOUSLY, THE FRONT OF THE HOUSE, THEY HAD STARTED SOME CLEANING PROCESS. IT APPEARED FROM LOOKING AT HER PHOTOS. THAT THERE'S MORE JUNK DEBRIS ON THE PROPERTY. IT'S 12. THE COMPLAINANT WAS ADAMANT THERE
[01:15:06]
WERE PERSONS LIVING IN THE SHED. THIS LOCATED THE COMPLAINANT IS A CONTRACTOR THAT IS DEVELOPING SEVERAL LOTS ON THAT STREET. AND ONE HAPPENS TO BE RIGHT NEXT DOOR. AND IT SEEMS LIKE THAT THE PEOPLE LIVING POSSIBLY IN THE SHED. ANYTIME I WAS THERE HAD ALREADY LEFT. BUT THERE WAS EVIDENCE OF PEOPLE BEING THERE. AS YOU CAN SEE IN THESE ABOUT INSPECTIONS ON THE 14TH. DEBRIS WAS STARTING TO BE CLEANED UP. . WAS VEHICLE. THIS DERELICT AS YOU CAN SEE THE DEBRIS IN THE BACK. BUT SOME EFFORTS WERE BEING MADE TO TRY TO CLEAR THIS PROPERTY. I DID ISSUE A NOTICE OF VIOLATION. TO THE PROPERTY OWNER. AUGUST 26TH. I RE-INSPECTED THE PROPERTY DUE TO THE ACT THAT I COULD SEE WORK WAS BEING DONE ON THIS PROPERTY. I, WHILE DOING MY INSPECTION, I DID TRY TO MAKE CONTACT WITH INDIVIDUALS THAT WERE THERE. THE CONTRACTOR WAS NEXT DOOR AND SAID THAT HE HAD SEEN THE MAN AND WOMAN GOING TO THE PROPERTY PRIOR TO MY ARRIVAL. SO I DID GO ON THERE TRYING TO SPEAK TO THEM. IT WAS ON THE I KNOW EVERYTHING WAS FOCUSED TO THE IF YOU FACE THE HOUSE TO THE RIGHT, BECAUSE THERE IS SOME OVERGROWTH HERE, IT WAS ON THIS DATE THAT I DID NOTICE, AND IT'S KIND OF HARD TO TELL THROUGH THIS PICTURE HERE, BUT THAT WHOLE SIDE OF THE STRUCTURE IS TARPED. THIS WAS THERE'S THE SHED IS RIGHT OFF TO THE RIGHT OF THIS PHOTO. THIS IS KIND OF STEPPING TO THE SHED. YOU CAN SEE THE OVERGROWTH JUNK AND TRASH IS THERE IN THE BACK OF THE HOUSE. THIS WAS IN FRONT OF THE SHED. NO ONE WAS THERE, BUT A DOG WAS INSIDE THE SHED. I LEFT MY BUSINESS CARD TO HOPE TO GET SOME SORT OF RESPONSE FROM PERSONS LIVING THERE. I ALSO, ON THE 26TH, DID SPEAK TO THE PROPERTY OWNER'S MOTHER, MISS CYNTHIA ROSEBUSH. MISS ROSEBUSH DID INDICATE THAT HER SON IS CURRENTLY WAS CURRENTLY AT THAT TIME IN THE BAY COUNTY JAIL AWAITING EITHER SENTENCING ON CHARGES THAT HE'D BEEN CONVICTED OF. AND SHE HAS POWER OF ATTORNEY. SHE'S WANTING TO TRY TO GET THESE PEOPLE OFF THE PROPERTY TO TRY TO CLEAN THE PROPERTY. THEY KIND OF HAS STAYED THERE SINCE THE SON HAD BEEN ARRESTED, THE PROPERTY OWNER AND GONE TO JAIL. AND I DISCUSSED HER WITH CONTACTING, OBVIOUSLY, THE SHERIFF'S DEPARTMENT FOR TRESPASSING, AND SHE ALSO DID AT THAT TIME HAVING POWER OF ATTORNEY OVER THE PROPERTY SAID, YOU KNOW, ANY EFFORTS THAT I COULD DO TO HELP RUN THESE PEOPLE OFF. YOU KNOW, SHE WOULD APPRECIATE. I DID SCHEDULE THE PROPERTY FOR A NOTICE OF HEARING ON THAT DAY. I DID NOTIFY THE RESPONDENT ALSO. AT THE JAIL. THE PROPERTY WAS POSTED FOR THE FIRST FOR THE HEARING. ONCE I INITIALLY REALIZED THAT THE PROPERTY COULD AT THIS POINT BE BLIGHTED SINCE THERE WAS A TARP, THE PROPERTY HAD NOT BEEN CITED YET FOR BEING BLIGHTED, SO THAT INITIAL HEARING WAS THEN POSTPONED. THEY HAD TO BE RE NOTICED FOR THE BLIGHTED. AT THAT POINT I HAD INSPECTOR THORPE COME OUT AND CONDUCT A BUILDING INSPECTION AND HE IS HERE TO TESTIFY TO THAT MAGISTRATE INSPECTOR THORPE AGAIN. THIS STARTED LIFE AS A MOBILE HOME, ACTUALLY. IT'S LISTED IN PROPERTY APPRAISER AS A MOBILE HOME. IT RECEIVED SIGNIFICANT DAMAGE DURING HURRICANE MICHAEL. AFTER REVIEWING PHOTOS FROM THE GLOBAL IMAGING SYSTEM. THROUGHOUT 2018 TO PRESENT DATE, IN 2019, A ROOF WAS INSTALLED WITHOUT PERMITS, WHICH YOU CAN SEE THERE, WHICH IS INCOMPLETE. IT'S MISSING END CAPS. SOME OF THE RIDGE. AND AS YOU LOOK AT IT, THERE'S DEFLECTIONS IN THE LEFT SIDE OF THE FRONT OF THE ROOF THERE. IT HAS BEEN RESTARTED. RESIDED WITH HARDY BOARD AGAIN WITHOUT PERMITS. MISSING THIS GABLE END.OPEN SOFFITS AT THE BACK OF THIS GABLE END. ALSO, THERE'S ROTTING. SIDING OR SIDING? MATERIAL THAT'S UNDERNEATH THE WEATHER WRAP THAT'S ALSO ROTTED. A LITTLE BIT CLOSER VIEW AND SPILLED TRASH OUT THERE. GAPS. BETWEEN THE T111. THAT'S UP THERE AND THE SIDING. THE WOOD
[01:20:08]
SHEETING. THAT'S ON THE OUTSIDE. IT WAS PROBABLY ABOUT 4 TO 5 INCH GAPS. ROTTING STUDS THAT WERE EXPOSED THERE AND INSULATION BEING PULLED OUT. AND THEN ON THE BACK SIDE OF THE MOBILE HOME AGAIN MISSING SIDING, SPRAY FOAM FILLED IN GAPS ON THE CORNERS AND THE EDGING OPEN SOFFITS ALL THE WAY AROUND. THERE'S MISSING THE END CAPS OF THE ROOF, WHICH WILL ALLOW WIND TO PICK THAT RIDGE CAP UP AND RIP IT OFF. THERE'S A LITTLE CLOSER OF THE DEFLECTION THERE, WHICH INDICATES PROBABLY STRUCTURAL DAMAGE ON THE INSIDE OR DEFICIENCIES IN THE BUILD.THE INTERIOR YOU CAN SEE THE WALL OF THE MOBILE HOME WHERE IT STARTED. IT LOOKED LIKE THEY PUT AN ADDITION ON THE FRONT. UNFINISHED WALLS COLLAPSED CEILINGS IN THERE. I'M NOT SURE WHAT KIND OF MATERIAL THE FLOOR IS IN THERE. IT'S JUST FULL OF JUNK AND STUFF. LOOKS TO BE MAYBE DIRT RIGHT THERE AS YOU WALK IN. THERE WAS A IT WAS A METER BOX ON THE OUTSIDE. LITTLE NEXT PHOTO IS MISSING THE DEAD MAN COVER ON THERE. THERE ARE JUMPER CABLES HOOKED TO THE LEADS. THERE'S CHARRING AND BURNING BURNT AREAS ON THE WIRE AND THE JUMPER CABLE. THERE WAS ANOTHER LEAD CABLE HOOKED TO THIS THAT WENT TO A POWER STRIP. SO IT'S THAT'S ALL OPEN AND EXPOSED. AND IT IS IT IS HOOKED UP AS WE SPEAK. THERE WAS A ACCESSORY IN THE BACK. RIGHT THERE. IT'S HAD AN OVERHANG ADDED TO IT. IT'S KIND OF HODGEPODGE TOGETHER WITH THAT DOESN'T MEET FLORIDA BUILDING CODE STANDARDS. I'M NOT SURE WHAT THE MATERIAL WAS USED ON THE OUTSIDE. LOOKS LIKE SOME KIND OF MAYBE FIBERGLASS OR SOMETHING THAT THEY USE IN SOME TIN. MISMATCHED PIECES OF TIN ON TOP. AND LIKE INVESTIGATOR CLARKSON SAID, THERE WERE ANIMALS IN THERE AT THE TIME PUSHING THE DOOR OPEN. AND, AND THE SHED IS KIND OF SITTING OFF KILTER THERE. IT'S NOT SET UP PROPERLY. THERE'S THE OVERHANG, INSUFFICIENT SUPPORTS FOR IT.
AND JUST JUNK AND TRASH LOADED ALL OVER THE PLACE AS THEY SIT. BOTH OF THEM ARE UNFIT, UNSAFE STRUCTURES. AND MISS ASHLEY, YOU DID SAY IT WAS FLOOD ZONE, CORRECT? THE MAIN BUILDING WAS IN A FLOOD ZONE. SO THERE ARE MORE THAN 50%. IT'S GOT TO BE RIGHT. SUBSTANTIAL DAMAGE. OR LIFTED, DEPENDING ON WHAT IT IS. SO THEY'D HAVE TO HAVE AN APPRAISAL. YES, SIR. FLOOD STUFF IS. YES, SIR. OKAY. I THEN CONTINUED MY RE INSPECTIONS AND PROPERTY HAS AS I CAN SAY, THERE HAS BEEN DRASTIC WORK DONE ON CLEARING WHAT APPEARS THE FRONT SIDE OF THE PROPERTY. THE BACKSIDE IS A LOT OF STUFF IS STILL BACK THERE. IT DOESN'T APPEAR ANYONE IS STAYING IN THE SHED ANYMORE. THIS IS THE BACKSIDE. STILL WITH ALL THE A LOT OF THE DEBRIS IS BEHIND.
SAID STAYING IN THE SHED. YOU'RE TALKING ABOUT THIS ONE THAT HE JUST DESCRIBED THAT'S GOT THE LEAN TO ON THE SIDE. YES, SIR. EVERYTHING OKAY? THAT WAS MY UNDERSTANDING. THEY THEY POSSIBLY WERE STAYING IN THAT THAT AND THAT'S MORE ON THE BACKSIDE OF THE LEAN TO THERE.
DO THE FACT THAT OBVIOUSLY NOW THIS IS UNFIT STRUCTURE. THERE RECITED FOR THE UNFIT STRUCTURE.
THE RESPONDENT HAS NOW BEEN TRANSFERRED TO THE STATE OF FLORIDA CORRECTIONS DIVISION FOR SUBSTANTIAL NUMBER OF YEARS. HE WAS SENT NOTIFICATION THAT HIS CURRENT LOCATION. I DID SEND A COURTESY COPY TO HIS MOTHER. AND THE PROPERTY WAS POSTED FOR THIS HEARING. AS YOU CAN TELL. IT APPEARS FROM THE FRONT SIDE. A LOT OF THE INITIAL JUNK AND TRASH HAS BEEN CLEARED. CUT GRASS. BUT AS THE PHOTOS SHOW, YOU KNOW A LOT IS STILL BEHIND IT AND WE STILL HAVE THE UNFIT STRUCTURES. AND THIS IS MY FINAL INSPECTION ON THE SECOND. AND YOU DID SAY THAT THE MISS ROSEBUSH HAS POWER OF ATTORNEY FOR HER SON. SHE HAS POWER OF ATTORNEY FOR HER SON. YES. OKAY.
AND AT THIS POINT, I DON'T HAVE ANY FURTHER TESTIMONY. I BELIEVE THAT MISS ROSENBERG IS POSSIBLY HERE TO TESTIFY BEFORE YOU. YES. DO THAT. ANY PERMITS? THERE HAVE BEEN NO PERMITS. AND THE COMPLIANCE HEARING IS SCHEDULED FOR JANUARY THE 8TH, 2025 AT 1:00 PM. MISS ROSEBUSH. YES.
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OKAY. TELL US YOUR NAME. OH, SHE HASN'T BEEN SWORN, HAS SHE? NO. OKAY. YEAH. GO AHEAD AND SWEAR HER IN. PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, MA'AM. OKAY. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. CYNTHIA ROSEBUSH. 519 NORTH BERTHA AVENUE. OKAY. ALL RIGHT. AND IT'S MY UNDERSTANDING THAT YOU ARE THE MOTHER OF MR. LEVITCH.YES. OKAY. AND HE IS PRESENTLY INCARCERATED IN THE DEPARTMENT OF CORRECTIONS. YES, SIR. OKAY.
AND HIS TERM OF INCARCERATION IS NOT GOING TO END ANYTIME IN THE NEAR FUTURE. NO. OKAY. ALL RIGH.
TELL US WHAT YOU WANT US TO KNOW. PLEASE, MA'AM. WELL, I'VE BEEN WORKING ON GETTING THIS CLEANED UP AND TAKING CARE OF. I WASN'T REALLY SURE ALL OF WHAT WAS GOING ON WITH IT, BECAUSE BEING IN A WHEELCHAIR, I COULDN'T GET IN THERE. AND I DIDN'T KNOW AT FIRST THAT I HAD SQUATTERS OVER THERE. AND THEN WHEN I FOUND OUT I HAD SQUATTERS, I GOT THEM OUT OF THERE. AND THEN CODE ENFORCEMENT HELPED ME AND THE SHERIFF'S DEPARTMENT COME AND POSTED, AND WE GOT HIM OUT OF THE SHED AND THE ONES THAT CALLED IS THE ONES THAT I'VE PUT OUT OF THERE. THEY CALLED CODE ENFORCEMENT, AND THEY HAD HIM COME THROUGH THE HOUSE AND EVERYTHING. THE HOUSE WASN'T LIVABLE. WE BOUGHT THE TRAILER, WE BOUGHT THE TRAILER LIKE IT WAS FROM ANOTHER GENTLEMAN. THE OWNER, THE ORIGINAL OWNER. AFTER HURRICANE MICHAEL. AND WE'VE BEEN TRYING TO FIX IT UP SLOWLY. BUT THEN WHEN YOU GET PEOPLE COMING IN THERE AND SQUATTING AND MAKING BIGGER MESSES THAN WHAT YOU ALREADY HAD TO START WITH, WELL, IT. SO THAT'S WHAT WE WERE FACING. SO NOW WE GOT THAT UNDER CONTROL AND WE GOT ALL THAT TRASH AND DEBRIS IS GONE. THE PROBLEM IS THE BUILDINGS THEMSELVES ARE NOT SAFE BECAUSE OF ALL OF THE ROT AND EVERYTHING ELSE IN THERE. AND THAT'S THAT'S WHERE THE ISSUE AND THE ELECTRICAL SYSTEM, YOU KNOW, THAT'S BECAUSE THE SQUATTERS WERE GOING IN. I REALIZE THAT, BUT YOU KNOW, IF. SO I'M WORKING ON OVER THERE AND GET BIT BY THAT ELECTRICITY. I'M NOT GOING TO SUE THE SQUATTER. I'M GOING TO SUE YOU. UNDERSTAND THAT? I MEAN, YOU KNOW, THAT'S YOU'RE AT RISK WITH ALL OF THIS, SO. OR NOT YOU. BUT TECHNICALLY YOUR SON. BUT. ANYTHING ELSE? THAT. SO RIGHT NOW I'M WORKING ON GETTING I'M GOING TO GET A CONTRACTOR TO GO OVER THERE AND LOOK AT IT AND SEE WHAT NEEDS TO BE DONE. OKAY. WELL, YOU'RE. BUT I HADN'T GOTTEN ANYTHING. OKAY. BECAUSE THE STRUCTURE IS IN A FLOODPLAIN. THE STANDARDS ARE GOING TO BE WAY UP HERE. THEY'RE NOT JUST WHAT I'M GOING TO CALL.
THEY'RE NOT REGULAR STANDARDS THAT FLOODPLAIN MAKES THE STANDARDS MUCH MORE DIFFICULT TO COMPLY WITH. SO THAT'S SOMETHING THAT YOU KNOW, THAT YOU NEED TO KEEP IN THE BACK OF YOUR MIND.
SO TO SPEAK, ABOUT WHAT'S GOING TO BE REQUIRED. ALL RIGHT. BUT THE THING IS, THIS IS APPARENTLY SOMEBODY'S TRYING TO BUILD SOME HOUSES OVER THERE AND THEY'RE WANTING THE PROPERTY. I ALREADY KNOW THAT. WELL, I DON'T KNOW IF THEY WANT THE PROPERTY OR NOT, BUT THEY THEY ALREADY TRIED TO PURCHASE IT. YEAH. THEY SURELY WANT THE PROPERTY CLEANED FOR THE SALABILITY OF THEIR HOUSES.
IT IS CLEAN NOW. WELL, YOU KNOW, UNLESS IT'S DIFFERENT THAN WHAT I'VE SEEN IN THE PICTURES. AND THAT BUILDING IS YOU KNOW, IT'S BAD, IT'S BAD. IT'S REALLY THE, YOU KNOW, THE FACT THAT THAT STORAGE SHED IS STILL THERE, THAT'S THAT'S PRETTY ROUGH. THAT'S THAT'S THAT'S NOT THAT'S NOT WHAT SOMEBODY WANTS TO BUY A HOUSE AND MOVE IN NEXT TO. RIGHT. SO ANYTHING ELSE, MISS ROSEBUSH? NO, JUST THAT I'M WORKING ON TRYING TO GET IT DONE. OKAY. ALL RIGHT, WELL. THE THING IS, THAT WE DON'T NEED TO. OR I CAN'T JUST CONSIDER WHAT YOU'RE DOING. I HAVE TO CONSIDER THE NEEDS OF THE NEIGHBORHOOD AND ALL OF THAT. RIGHT. THEY DESERVE TO HAVE IT CLEANED UP, QUITE FRANKLY. RIGHT. AND SURELY THAT ELECTRICITY THAT ELECTRICITY SCARES ME. IT REALLY DOES. YES. THAT IS. OKAY. BASED ON THE TESTIMONY THAT I'VE HEARD AND THE EXHIBITS THAT I'VE SEEN IN THE FORM OF PHOTOGRAPHS INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY
[01:30:01]
LOCATED STREET, IS LOCATED WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. THE NOTICE WAS GIVEN TO THE RESPONDENT AND THE PREMISES WERE POSTED. THE RESPONDENT IS PRESENTLY INCARCERATED IN THE DEPARTMENT OF CORRECTIONS, BUT HIS MOTHER, WHO HAS A POWER OF ATTORNEY FOR HIS BUSINESS DEALINGS, HAS COME TODAY AND HAS TESTIFIED AND OFFERED EXPLANATIONS AND BEEN AFFORDED THE OPPORTUNITY TO ASK QUESTIONS. THE PREMISES HAVE A VIOLATION OF 1702, IN THE FORM OF AN UNFIT OR UNSAFE PRIMARY, AS WELL AS AN UNFIT OR UNSAFE ACCESSORY STRUCTURE. AND BASED ON THE PHOTOGRAPHS, THERE IS ALSO PRESENT UNSCREENED, UNUSED PERSONAL PROPERTY JUNK, TRASH AND DEBRIS. THE RESPONDENT, THROUGH HIS MOTHER AND THE POWER OF ATTORNEY, SHALL HAVE A PERIOD OF 30 DAYS IN WHICH TO TAKE THE FOLLOWING CORRECTIVE ACTIONS. REMOVE ANY AND ALL JUNK, TRASH, DEBRIS, AND ANY OVERGROWTH THAT MAY EXIST BEHIND THE PREMISES. PROPERLY STORE OR REMOVED ANY AND ALL UNSCREENED OR UNUSED PERSONAL PROPERTY. ADDRESS THE UNFIT OR UNSAFE MOBILE HOME AND THE UNFIT OR UNSAFE ACCESSORY STRUCTURE IN THE FOLLOWING MANNER. APPLY FOR AND OBTAIN DEMOLITION PERMITS TO DEMOLISH THE STRUCTURES AND ANY AND ALL PROHIBITED ACCESSORY STRUCTURES AS MAY BE DEFINED IN THE LAND DEVELOPMENT REGULATIONS, AND REMOVE THE DEMOLITION DEBRIS FROM THE PROPERTY OR IN THE ALTERNATIVE, REPAIR THE UNFIT OR UNSAFE MOBILE HOME AND NECESSARY STRUCTURE IN THE FOLLOWING MANNER. YOU MAY NEED TO OBTAIN WHAT'S CALLED A SUBSTANTIAL DAMAGE DETERMINATION FROM THE BAY COUNTY FLOODPLAIN MANAGER. IF THE STRUCTURE IS IN A FLOOD ZONE AND IT IS SO, YOU NEED TO, THAT NEEDS TO BE THE FIRST THING THAT HURDLE THAT YOU CLEAR. AND YOU'LL GET A COPY OF THIS ORDER. SO YOU'LL YOU'LL KNOW WHAT YOU HAVE TO DO. AND, AND GET THE GET IN CONTACT WITH THE FLOODPLAIN MANAGER. SUBMIT A BUILDING PERMIT APPLICATION TO BUILDERS.THE BUILDING DEPARTMENT AND THE APPLICATION HAS GOT TO INCLUDE THE MOBILE HOME MANUFACTURERS SPECIFICATIONS FOR THAT SPECIFIC MODEL OF MOBILE HOME OR ENGINEERING PLANS. AND BLUEPRINTS TO SHOW THAT THERE IS A DEVIATION FROM THE ORIGINAL HOME TO CODE ENFORCEMENT. REPAIR OR REMODEL OF A MOBILE HOME REQUIRES THAT YOU USE MATERIAL AND DESIGN EQUIVALENTS TO THE ORIGINAL CONSTRUCTION THAT THE STRUCTURE OF THE MOBILE HOME SHALL INCLUDE, BUT NOT BE LIMITED TO THE ROOF SYSTEM, WALL SYSTEMS AND FLOOR SYSTEMS. WINDOWS AND EXTERIOR DOORS OF THE MOBILE OR MANUFACTURED HOME ELECTRICAL AND PLUMBING REPAIR SHALL ALSO REQUIRE THE USE OF MATERIALS AND DESIGN EQUIVALENT TO THE ORIGINAL CONSTRUCTION. THE REPAIRS HAVE GOT TO BE MADE BY A DESIGNATED PERSON QUALIFIED TO DO SUCH REPAIRS, AS DEFINED IN SECTION 320 .8245 PER N FOUR OF THE FLORIDA STATUTES. SUBMIT A FULL STRUCTURAL REPORT AND COMPLETE SET OF STRUCTURAL REPAIR DRAWINGS FROM A LICENSED AND REGISTERED DESIGN PROFESSIONAL TO CODE ENFORCEMENT FOR THE UNFIT OR UNSAFE ACCESSORY STRUCTURE OR SHED. AGAIN, SUBMIT DETAILED ACTION PLAN INCLUDING TIMEFRAMES OUTLINING THE REPAIRS FOR THE STRUCTURES TO CODE ENFORCEMENT.
ALL REQUIRED PERMITS AND MANUFACTURERS SPECIFICATIONS, ENGINEERING PLANS OR BLUEPRINTS HAVE ALL GOT TO GO THROUGH THE PLAN. REVIEW PROCESS BEFORE ANY PERMITS WILL ISSUE. ALL PERMIT INSPECTIONS MUST BE COMPLETED BY THE BUILDER. SERVICES DIVISION OR THEIR DESIGNEE, AND THE REPAIRS HAVE GOT TO BE MADE IN ACCORD WITH THE ACTION PLAN AND THE STRUCTURAL REPORTS. ALL BUILDING PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED AND PERMITS FINALIZED IN ORDER FOR THE REPAIRS TO BE DEEMED COMPLETE. IF AT ANY TIME THE REQUIRED PERMITS BECOME VOID FOR ANY REASON, THAT SHALL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IT'S YOUR RESPONSIBILITY TO KEEP CODE ENFORCEMENT NOTIFIED OF PROGRESS OR DELAYS IN BRINGING THE
[01:35:05]
PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO COMPLY WITHIN THE 30 DAYS FROM THE EFFECTIVE DATE OF THIS ORDER. I'M GOING TO REDUCE THAT FINE TO $500. SHALL BE IMPOSED. SUCH FINE SHALL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL. LOCATED IN BAY COUNTY. NONCOMPLIANCE SHALL BE DEEMED TO HAVE OCCURRED. IF YOU GET A DEMOLITION OR A BUILDING PERMIT WITHIN THE TIME FRAME, AND THEN IT BECOMES VOID FOR ANY REASON. SEE? THAT SHALL AGAIN BE DEEMED A DEFAULT. AND IN SUCH CASES, THE COUNTY CAN ENTER UPON THE PREMISES 30 DAYS AFTER SUCH DEFAULT AND ABATE THE VIOLATIONS. THEN FOUND TO EXIST. THAT SHALL INCLUDE REMOVING ANY OR ANY AND ALL UNFIT, UNSAFE, PRIMARY AND OR ACCESSORY STRUCTURES. REMOVE UNSCREENED OR UNUSED PERSONAL PROPERTY, JUNK, TRASH AND DEBRIS, AND TO ASSESS THE COST AGAINST THE RESPONDENT FOR REMOVING THE VIOLATIONS AND THE ENFORCEMENT ACTION. IT SHALL ALSO INCLUDE DEMOLISHING ANY ALL ACCESSORY STRUCTURES, AS MAY BE PROHIBITED BY THE LAND DEVELOPMENT REGULATIONS.REMOVING ANY AND ALL POWER POLES, TELEPHONE POLES, TREES, ETC. THAT MAY POSE A DANGER TO THE ABATEMENT PROCESS. FILLING AND CRUSHING ANY UNSECURED SWIMMING POOLS. CRUSHING ANY UNPERMITTED, UNSAFE OR ABANDONED SEPTIC TANK SYSTEMS. ANY UNSAFE CONDITIONS OR ATTRACTIVE NUISANCES IDENTIFIED DURING THE ABATEMENT PROCESS. SHALL BE WITHIN THE SCOPE OF THIS ORDER AND BE ABATED. MAY BE ABATED AS DEEMED NECESSARY. SO I THINK THAT'S IT. YOU WANT TO LOOK AT THIS VERY CAREFULLY BECAUSE YOU'RE IN A FLOODPLAIN AND IT'S A MOBILE HOME. BOTH OF THOSE JACK THE COST UP ON REPAIRS. SO IT MIGHT BE IT MIGHT BE TO YOUR ADVANTAGE TO DEMOLISH IT RATHER THAN TRY TO SAVE IT. SO JUST JUST KEEP THAT IN MIND. I'M NOT TELLING YOU HOW TO DO YOUR BUSINESS, BUT JUST BE AWARE OF THOSE FACTS. OKAY? ALL RIGHT. THANK YOU, MISS ROSENBUSH.
APPRECIATE YOU COMING. THANK YOU. ALL RIGHT. THE LAST ITEM THAT IS HERE TODAY IS ITEM L.
PROPERTY ADDRESS IS 1628 EAST NINTH STREET. THIS IS A COMPLIANCE HEARING. AND BEFORE WE START THE. THIS THIS CASE ORIGINALLY WENT IN FRONT OF YOU ON SEPTEMBER 18TH, 2024. IT WAS OUR FIRST ROUND OF DOING COMPLIANCE HEARINGS. WELL, YEAH, WE HAVE TWO DIFFERENT AGENDAS.
OKAY. MINE SAYS K HIS SAYS L, SO OKAY. WHITEOUT ON THE L. I DIDN'T EVEN HAVE ONE. SO. SO WHILE WE WERE AT THAT SEPTEMBER 18TH HEARING, YOU DID. HOW DID I MISS THIS? OKAY. LET ME MAKE SOME EDITS. SO YOU GAVE THEM 60 DAYS AT THAT TIME. IT WAS NO ORIGINAL HEARING. RIGHT, RIGHT.
NON-COMPLIANT. JUST LET LET LET ME SPEAK. SO AT THAT HEARING, YOU HAD GIVEN THEM 60 DAYS INSTEAD OF 30 DAYS. BUT THE. SO WE HAD TO CHANGE THE COMPLIANCE HEARING AND IT DIDN'T. RIGHT.
NO, WE MESSED UP WITH THE COMPLIANCE. IF YOU SAY SO. IT WENT BEFORE YOU. WE HAD A COMPLIANCE HEARING. THE GENTLEMAN WAS IN THE PROCESS OF GETTING PERMITS. AND YOU YOU CONTINUED THE CASE TO TODAY. OKAY. ALL RIGHT. AND THE COMPLIANCE HEARING, WE TOLD THEM THE NOVEMBER THE 20TH, MA'AM. RIGHT. THIS IS THE ONE THAT WE TOLD HIM WE HAD TO CHANGE THE COMPLIANCE DATE ORIGINALLY. SO WE CHANGED IT AT THE HEARING FOR THE 21ST AND NOW THE 20TH. I'M SORRY, THE 21ST. REGARDLESS, WE TOLD HIM THE WRONG DATE, SO HE DIDN'T SHOW UP LAST TIME WE ALSO WERE FIVE DAYS EARLY WITH THE 60 DAYS. SO WE YOU AT THAT IN NOVEMBER YOU POSTPONED IT AGAIN
[01:40:04]
UNTIL THE FIFTH. SO BOTTOM LINE, HE SHOWED UP A DAY LATE IN NOVEMBER. BUT IT WAS PARTLY MY ERROR. OKAY ON THAT. SO I DON'T WANT HIM TO BE DISCREDITED FOR NOT BEING HERE IN NOVEMBER.ALSO, I NOTICE IN THIS FIRST PARAGRAPH WE SAY HE WAS THAT'S AN ERROR. HE WAS NOT LIVING IN THE RIGHT. NEVER MIND. NEVER MIND. I'M JUST GOING TO SHUT UP NOW. I WILL LET I JUST WANTED TO LET YOU KNOW BECAUSE HE HE DID COME HERE IN NOVEMBER. WE WENT BACK AND WE LISTENED. EVERYBODY VERBALLY SAID THAT DATE. BUT ON THE LETTER IT WAS LINED THROUGH AND HE WAS GIVEN A THE WRONG DATE, THE WRONG ADDRESS. FORTUNATELY, YOU JUST MOVED THE HEARING TO TODAY. SO. SO WHAT DID WE HEAR ABOUT THE COMPLIANCE? WE'RE HERE FOR THE ACTUAL COMPLIANCE HEARING TODAY.
SO AND IF YOU WISH ME TO START BACK FROM THE VERY BEGINNING, OBVIOUSLY IT WAS BROUGHT.
REMEMBER A LITTLE SOMETHING ABOUT THIS BECAUSE IT'S STORING, BUILDING STORING BUILDING SOME MATERIALS BECAUSE OF HIS INTENTION. YES, SIR. AND THE PHOTOS OF, YOU KNOW, ARE BASICALLY THE ONES THAT WERE PRESENTED TO YOU ON THE NOVEMBER THE 20TH. YOU KNOW, NOTHING'S REALLY CHANGED OTHER THAN THE FACT THAT HE HAS HIRED A STRUCTURAL ENGINEER. HE'S HERE TODAY TO TESTIFY THAT HE'S HE'S PAID FOR THE STRUCTURAL ENGINEE. STRUCTURAL ENGINEER DID REACH OUT TO US AND SAID THAT HE HAS BEEN HIRED, AND THAT HE IS WORKING ON PLANS. THE ONLY THING THAT WAS KIND OF ODD, HE DID ASK ME WHAT HE NEEDED TO DO TO FOR THIS, AND I WAS OBVIOUSLY TOLD HIM THAT YOU'RE THE STRUCTURAL ENGINEER PRESENT PLANS THAT THAT CAN BE PRESENTED TO PULL PERMITS. SO HAVING SAID THAT, AS OF TODAY, THERE HAVE BEEN NO, NO PLANS SUBMITTED FOR PERMITTING.
THERE'S NO PERMIT APPLIED FOR OR ACTIVE PERMIT. AS IT STANDS, THE PROPERTY DOES STILL REMAIN IN VIOLATION WITH ALL THE MATERIAL, THE MATERIALS STORED ON THE PROPERTY, AND THERE IS NO CURRENT PERMIT IN PLACE THAT WOULD ALLOW THIS TO BE HERE, WHERE HE'S MOVING FORWARD TO BUILD A HOME. AND HE IS HERE TODAY TO TESTIFY. OKAY. ALL RIGHT. AND MR. PIERRE. HE NEEDS TO BE SWORN IN. HE'S GOING TO SWEAR YOU IN. GOOD MORNING. GOOD MORNING. RAISE YOUR RIGHT HAND FOR ME. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH? AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? OKAY. TELL US WHAT YOU WANT US TO KNOW ABOUT THE STATUS OF ALL OF THIS. FROM THE FIRST HEARING. SO I TURN THAT MICROPHONE FROM THE FIRST HEARING, I SHOWED ALREADY THAT I'M MAKING A LITTLE BIT OF PROGRESS BECAUSE I WAS WAITING FOR THE BLUEPRINT AND I PAID WHAT I NEEDED TO PAID. I HAVE, I HAVE THE FIRST TIME I HAD ONLY ONE RECEIPT. NOW I HAVE THREE RECEIPT WHERE I MAKE THREE PAYMENTS. I TALKED TO THEM. THEY SAID THEY WILL CALL BAKER ON IT TO LET THEM KNOW THAT'S NOT MY FAULT. FOR THE BLUEPRINT THAT THEY FOR, BECAUSE THEY START ON JULY. TILL NOW THEY CANNOT FINISH. THE LAST TIME I TALKED TO THEM, I TOLD THEM HOW LONG THAT CAN TAKE TO GET THE BLUEPRINT, AND I CAN SUBMIT THE PERMIT. THEY TOLD ME THEY WILL NEED LIKE FOUR WEEKS TO BECAUSE THEY MOVE IT TO ENGINEERING. AND AFTER THE ENGINEERING THEY SAID THEY WILL BE DONE AND. THIS IS WHAT I'M TRYING TO FIGURE OUT.
THIS THESE RECEIPTS THAT YOU'VE GIVEN ME. LOOKS LIKE YOU PAID ABOUT WHAT, $17,000? YEAH, I PAID ALREADY. I MEAN, THERE'S A THERE'S A $5,100 RECEIPT. THERE'S A 52, 46 RECEIPT, AND THERE'S A $7,000 RECEIPT. SO YOU'VE PAID THEM ALL OF THAT MONEY? YES. DO YOU HAVE ANYTHING AS A RESULT OF THAT? NOT YET. AND THE LAST TIME THEY. I THINK WHEN I PAID THE 12,000. THE LAST 12,000. 5007 THOUSAND, THEY TOLD ME I WILL MOVE IT TO ENGINEERING. I SAID, OKAY, THEY
[01:45:02]
DON'T MOVE IT TO ENGINEERING AND THEY CALL ME A DAY BEFORE YESTERDAY. THEY NEED MORE MONEY.I SAID, I CANNOT KEEP PAYING, SO YOU NEVER DID NOTHING. I THINK IF I HAVE TO GIVE SOMETHING ELS.
BUT WHEN YOU'RE DONE AND I WILL GIVE SOMETHING ELSE, I SAID, I CANNOT GIVE HIM MONEY. GIVE HIM MONEY AND. NOTHING HAPPENED. YEAH. WELL, IT SAYS CORE DESIGN. HOW ABOUT MAKING COPIES OF THAT TO PUT IN OUR FILE? HAVE YOU TALKED WITH ANYBODY ABOUT THIS COMPANY THAT YOU'RE DEALING WITH? LIKE THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS OR ANYTHING LIKE THAT ABOUT WHETHER OR NOT YOU'RE GOING TO GET ANYTHING FOR YOUR MONEY. SO TO SPEAK. I MEAN, THE ONLY ONE PERSON I TALK ALWAYS WITH MY MO. SHE CAN'T DO ANYTHING WHEN IT COMES TO REGULATIONS. BUT BUT THEY TOLD ME. THEY TOLD ME NOW THEY WILL MOVE IT TO ENGINEERING AFTER THE ENGINEERING. THEY SAID EVERYTHING WILL BE DONE. WELL, THE PROBLEM IS THAT FREQUENTLY PEOPLE THAT DON'T PRODUCE WORK FOR YOU. THE END PRODUCT, THEY KEEP TELLING YOU THEY'RE GOING TO MOVE IT ON TO SOMETHING ELSE AND EVERYTHING. I JUST DON'T WANT YOU TO KEEP THROWING MONEY DOWN AN EMPTY HOLE. THAT'S ABOUT SIX MONTHS ALREADY FROM JULY TO NOW. MR. CLARKSON DID YOU SAY YOU TALKED TO SOMEBODY? YOU HAD AN EMAIL FROM SOMEBODY? THERE WAS AN EMAIL FROM MR. CORBETT AFTER HE HAD SAID HE WAS OFFICIALLY HIRED. RIGHT. AND. AND WHERE HE BASICALLY, AS I STATED, QUESTIONED WHAT WHAT HE NEEDED TO DO WERE NON CONTRACTOR EXAM PLANS, BASICALLY DRAWING OF THE HOUSE. RIGHT. AND SAID WHAT WHAT DO I NEED TO DO NOW. AND MY INSTRUCTION WAS WELL YOU'RE OBVIOUSLY THE PLANS RIGHT. OR BUILDING STRUCTURE. AND YOU NEED PLANS THAT CAN BE SUBMITTED FOR PERMITTING TO BUILD THE HOUSE. THAT'S THAT'S THE THING THAT'S GIVING ME SOME CONCERN HERE IS THAT HE DOESN'T KNOW WHAT HE NEEDS TO DO. APPARENTLY THAT'S SORT OF SCARY. NOT FOR ME. IT IS FOR YOU. YEAH. I MEAN, YOU DONE THROWN $17,000 DOWN THIS HOLE. MR. THORPE, HAVE YOU. HAVE YOU HAVE WE BEEN PROVIDED THESE PLANS, ROBBIE OR VERNON? EMAIL THERE IN AN EMAIL ATTACHED TO THE TO THE. OKAY. CASE. MR. THORPE, HAVE YOU SEEN THESE? NO, I THINK I BRIEFLY LOOKED OVER, BUT I DIDN'T. I HAVEN'T STUDIED THEM. I HAVE IT IF YOU WANT IT, I CAN SHOW YOU WHAT HE GAVE ME TO. IT'S NOT THE CONTRACT, RIGHT? IT'S BASICALLY A OR. YEAH, IT'S A IT'S A BASIC. IT'S WHAT THEY CALL A DESIGN CONCEPT. IT'S A DESIGN CONCEPT. IT'S NOT FOR USE AS A FOR SUBMITTAL TO THE DEPARTMENT. IT'S KIND OF HEY, THIS IS WHAT WE'RE GOING TO OFFER YOU KIND OF A FLOOR PLAN, LIKE DOCTOR HORTON WOULD SHOW YOU IF YOU, BEFORE YOU BUY A HOUSE. THE FLOOR PLAN OF IT. BUT THAT DOESN'T SHOW. IT'S NOT GOING TO SHOW LIKE ELECTRICAL AND EGRESS AND YOU KNOW WHERE TOILETS ARE GOING TO GO. THE FIRE SUPPRESSION OR FIRE SMOKE DETECTORS AND VENTS AND HVAC. IT DOESN'T HAVE IT'S NOT A BREAKDOWN OF THAT. IT'S JUST A BASIC FLOOR PLAN. AND IT DOES HAVE ON THERE. WHAT DID IT SAY ON THERE? NOT AS PRELIMINARY. NOT FOR CONSTRUCTION. YEAH. SO BASICALLY WHAT WE WOULD CALL LIKE A CONCEPT DRAWING OR SOMETHING YOU'D SEE IN SOUTHERN LIVING. BUT THAT'S ABOUT IT. IT WAS A NICE LOOKING HOUSE, I'LL SAY THAT. BUT.
TYPICALLY WHEN AN NOW THIS, THIS IS KIND OF DIFFERENT BECAUSE HE'S BUILDING THE HOUSE. BUT
[01:50:11]
TYPICALLY WHEN WE HAVE AN UNFIT, UNSAFE STRUCTURE AND IT REQUIRES ENGINEERING, WE ALLOW ONCE THEY'VE SHOWN THAT THEY'VE HIRED THE ENGINEER, THE TIME FOR THE ENGINEER TO COME UP WITH THE DRAWINGS. I DON'T KNOW IF THAT WOULD IMPLY ON THIS ONE. OF COURSE. WELL, YOU KNOW, BUT YEAH, I HATE TO PUNISH MR. PIERRE FOR. WELL, THAT'S WHAT I WAS THINKING. IF WE GAVE HIM THE SINS OF HIS ENGINEER. I MEAN. I GUESS WHAT I WAS GOING TO WHAT I WAS SAYING IS, IS WE USUALLY ALLOW 6 TO 8 WEEKS AFTER THE HIRING OF THE ENGINEER. AND LIKE AN EXTENSION. BUT I SEE WHERE YOU'RE GOING. OKAY. AND IF THE ENGINEER IS TELLING HIM JANUARY THAT WHAT HE TOLD YOU. JANUARY.YEAH. JANUARY. IT SHOULD BE THE END OF JANUARY. I THINK IT SHOULD BE DONE. OKAY. WHEN IS OUR FEBRUARY HEARING THE 12TH. OKAY. I'M GOING TO CONTINUE THIS MATTER TILL THE 12TH FEBRUARY. I HATE TO KEEP BRINGING YOU BACK, BUT I DON'T WANT TO ZAP YOU WITH A PENALTY AT THIS POINT WHEN, LIKE I SAID, IT'S YOUR ENGINEER THAT'S DRAGGING HIS FEET AND. CAN YOU CAN YOU GET. WELL, LET ME ASK YOU THIS. LET ME ASK MR. THORPE, SIR, IF HE GIVES THE ENGINEER YOUR NAME OR NUMBER.
CAN YOU CAN YOU TALK WITH HIM AND SEE IF YOU CAN ABSOLUTELY NOT TELL HIM WHAT TO DO OF COURSE. BUT I'LL TELL HIM WHAT HE'S GOING TO NEED FOR IT TO PASS. PLANNING. YEAH. OKAY. ALL RIGHT. DO THAT. SEE IF YOU CAN HELP MR. PIERRE OUT HERE. ALL RIGHT. AND I'VE DEALT WITH MR. IT CORBETT? RIGHT. MR. CORBETT. CORBETT. HIM IN THE PAST. BEFORE. OKAY. OTHER PROJECTS.
ALL RIGHT. WELL, HE'S GOING TO TRY AND, YOU KNOW, BUILD A FIRE UNDER HIM, BUT WE CAN'T PROMISE YOU ANYTHING. YEAH. I MEAN, HE DOESN'T WORK FOR US, AND DOESN'T APPEAR HE'S WORKING FOR YOU, BUT QUITE FRANKLY. BUT LET'S SEE WHAT WE CAN GET DO AND COME BACK ON FEBRUARY THE 12TH. OKAY.
WHATEVER TIME IT IS, 1 P.M. 1 P.M. FEBRUARY 12TH, 1 P.M. ALL RIGHT. ALL RIGHT. DO THEY HAVE A GOOD MAILING ADDRESS FOR YOU? YES. DO YOU HAVE ONE MORE? YOU KNOW, THIS CASE HAS BEEN OPEN SINCE MARCH OF 24. FOR THE LATER. YOU KNOW, HE DIDN'T MOVE FORWARD UNTIL JULY TO TRY TO HIRE A STRUCTURAL ENGINEER. SO, YOU KNOW. BUT I UNDERSTAND THE PREDICAMENT. HE HAS SPENT AN AWFUL LOT OF MONEY, AND HE SHOULD HAVE HAD SOMETHING FOR HIS MONEY. NO, I DID ISOLATED.
THAT'S FOR TODAY. OKAY. SO I'M HAVING A WITNESS. I'M WRITING FEBRUARY 12, 2025, AT ONE. YEAH.
OKAY. THIS IS THE NEXT HEARING DATE. OKAY. THAT'S MY APOLOGIES FOR WRITING THE WRONG DATE. NO PROBLEM. ALL RIGHT. NO, I SAID THAT'S YOUR STUFF. ALL RIGHT. ALL RIGHT, WELL, GOOD LUCK WITH IT. I, YOU KNOW, I HOPE THAT YOU CAN GET SOME PROGRESS IN THIS MATTER BECAUSE, LIKE I SAID, IT LOOKS LIKE YOU'RE TRYING TO BUILD A NICE HOUSE, AND I APPRECIATE THAT. THANK YOU SO MUCH, SIR. ALL RIGHT. HAVE A GOOD ONE. BYE BYE. ALL RIGHT. I THINK THAT CONCLUDES THE AUDIENCE PARTICIPATION. OKAY. YOU WANT TO MOVE BACK TO THE AGENDA OR. OKAY. FOR THE PURPOSE OF THE RECORD I HAVE RECEIVED, I RECEIVED YESTERDAY VIA AN EMAIL LATE YESTERDAY AFTERNOON, A NUMBER OF DOCUMENTS AND CASE NUMBER M 22 00082 MELVIN AND BETTY JAMES RESPONDENTS. DOES ANYONE KNOW THE STATUS OF THE BANKRUPTCY? YES. AND ACTUALLY, WE HAD IT SCHEDULED ON THE AGENDA FOR TODAY AS REQUESTED WITH A YOU HAD ON IT. YOU OH, YOU SHOULD HAVE THAT TOO.
[01:55:22]
SO I GUESS WHAT I'M SAYING IS IT WAS ALREADY LISTED ON THE AGENDA BEFORE YOU RECEIVED THAT. YEAH, I FOUND IT ON THE AGENDA AND OKAY, SO BASED ON THIS REPORT RECEIVED FROM CODE ENFORCEMENT, Y'ALL HAVE GOTTEN WORD THAT THE MOTION OR THE RESPONDENT'S MOTION IN BANKRUPTCY COURT WAS DENIED. AND HIS CASE HAS BEEN DISMISSED. AND Y'ALL HAVE A COPY OF THAT. YES. YES, SIR. OKAY.THAT'S THE ONLY THING I'VE GOT. OKAY. AND JUST FOR A MATTER OF RECORD, WE ARE DISCUSSING 6318 ROGERS DRIVE. YES, MA'AM. SO THAT. YEAH. AND THE BANKRUPTCY COURT HAS BEEN KEEPING US WELL POSTED OF THEIR THE CASE AS IT MOVES ALONG. OKAY. ALL RIGHT. BASED ON THE DOCUMENTS THAT I HAVE REVIEWED FROM CODE ENFORCEMENT, THE. BANKRUPTCY IN THE MIDDLE DISTRICT OF GEORGIA.
AND THAT CASE NUMBER IS 20 4-40198- JT L IS A CHAPTER 13 BANKRUPTCY. THAT CASE HAS BEEN DISMISSED. BY JUDGE JOHN T LANEY. L A N E Y THE THIRD BANKRUPTCY JUDGE OF THAT COURT.
SO THE MATTER IS BACK BEFORE US. I HAVE RECEIVED, AS I INDICATED, ONE, A MOTION TO VOID THE ORDER.
MY ORDER PREVIOUSLY ENTERED IN THIS MATTER. I'M GOING TO FIND THAT THE THIS IS GOING TO TAKE THE GROUNDS OR THE ALLEGATIONS SET FORTH IN THE MOTION ARE CONCLUSORY IN NATURE. THERE IS NO FACTUAL BASIS TO VACATE OR VOID THE ORDER. AND THAT MOTION IS DENIED. ADDITIONALLY, ADDITIONALLY. HE HAS FILED IN THE LOCAL CASE A MOTION TO DISQUALIFY THE JUDGE. AND HE SAYS ME EVEN THOUGH I'M THE MAGISTRATE AND HE ALSO IDENTIFIES ME AS BILL SMITH. SO I'M GOING TO FIND THAT THAT MOTION IS LEGALLY INSUFFICIENT. ADDITIONALLY, THE CONDUCT OF CODE ENFORCEMENT ACTIONS ARE NOT GROUP GOVERNED BY THE RULES OF CIVIL PROCEDURE. BUT IF THE IF THEY WERE, THIS MOTION IS LEGALLY INSUFFICIENT AND THEREFORE THE MOTION TO DISQUALIFY ME IS ALSO DENIED. I WOULD NOTE THAT THE RESPONDENT HAS NOT APPEARED TO TESTIFY OR OFFER ANY EVIDENCE EITHER. SO NOW WE CAN ADDRESS THE ISSUE OF HIS CASE. SO. DO WE WHAT DO WE WANT TO DO ON THAT ONE? H THAT IS AGAIN H M 22 00082. AND WE HAVE WE'VE GOT ONE EIGHT ROGERS DRIVE. WE HAVE PHOTOS JUST TO JUST TO. OKAY. YEAH. JUST TO REFRESH YOUR MEMORY. BUT BASICALLY SIR MAY 3RD, 2020 FOR THE SPECIAL MAGISTRATE OF BAY COUNTY OR THE ABATEMENT BECAUSE OF OR ORDERED THAT THE ABATEMENT BECAUSE OF THE BANKRUPTCY ACTION SHOULD BE AND IS HEREBY STAYED.
THIS ORDER SHALL NOT BE CONSTRUED TO BE ADJUDICATED OF THE ISSUES RAISED BY THE RESPONDENT MOTIONS, NOR SHALL IT BE CONSTRUED TO BE AFFIRMED OR AFFIRMATION OR APPROVAL OF THE
[02:00:03]
ACTIONS TAKEN, OR THE REPAIRS MADE BY THE RESPONDENT. COPY OF MAGISTRATE'S ORDER IS ATTACHED AS EXHIBIT A FROM MAY 20TH, 2024 THROUGH NOVEMBER 18TH, 2024. RE-INSPECTIONS WERE CONDUCTED AND THE PROPERTY REMAINED IN VIOLATION. PHOTOGRAPHS OF THE PROPERTY ARE ATTACHED AS EXHIBIT B. LITTLE TO NO PROGRESS OR NO PROGRESS HAS BEEN TAKEN. IT DOES APPEAR IN THE BACK LEFT THAT THERE'S BEEN SOME NEW DECKING PANELS PLACED ON THE ROOF WHERE A TREE HAD STRUCK IT. NO PERMITS HAVE BEEN OFFERED OR APPLIED FOR OR SUBMITTED. NO ENGINEERING. I HAVE TALKED TO MELVIN. JAMES A FEW TIMES AND EXPLAINED TO HIM THAT IT. IN FACT IT IS A MOBILE HOME AND NOT A WOOD FRAME STRUCTURE. ON OCTOBER 10TH, A LETTER WAS RECEIVED FROM THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF GEORGIA, COLUMBUS DIVISION, STATING THAT THE COURT FINDS THAT THE DEBTOR HAS NOT PRESENTED EVIDENCE TO SUPPORT GRANTED HIS MOTION AND THEREFORE THE MOTION IS DENIED IN A CASE REMAINS DISMISSED. A COPY OF THE MOTION IS ATTACHED AS EXHIBIT C, SIR. OKAY. WE HAVE PRE BID THIS ASBESTOS AND WE HAVE A WINNING CONTRACTOR WHERE WE ARE READY TO MOVE FORWARD. OKAY. THERE IS. THE ISSUE THAT WAS RAISED YESTERDAY ABOUT 21 DAYS. AND THERE IS A PROVISION IN SEVEN DASH 33. THAT. ANY. SEVEN DASH 30 3-C AS IN CHARLIE NOTICE OF A FINDING BY THE CODE ENFORCEMENT OFFICER OF NON COMPLIANCE WITH THE PRIOR ORDER OF THE BOARD SHALL BE MAILED TO THE VIOLATOR, AND THE VIOLATOR MAY CONTEST IN WRITING THE FINDING OF THE CODE ENFORCEMENT OFFICER. AND I'M GOING TO INCLUDE THE SPECIAL MAGISTRATE IN THAT CASE SUCH CONTESTS SHALL BE POSTMARKED WITHIN 21 DAYS OF THE POSTMARK DATE ON THE NONCOMPLIANCE NOTICE, AND MAILED TO THE HIS. HIS THING HAS GOT TO BE POSTMARKED WITHIN 21 DAYS AND DO THAT. BUT WE'VE GOT TO GIVE HIM 21 DAYS FROM THE NONCOMPLIANCE TO FILE HIS. HE'S GOT 21 DAYS TO FILE AN APPEAL. WE SENT THAT NOTICE OF INTENT. OKAY. THE PROBLEM I'M NERVOUS ABOUT IS THAT WE STAYED THAT AND WE'RE GOING TO START AGAIN. WELL, I GOTCHA. SO. WELL, WE DID NOTICE HIM FOR THIS. OKAY. I THINK THAT THAT BASED ON WHAT I'VE SEEN FROM THE PHOTOGRAPHS, I'M GOING TO FIND THAT THERE HAS BEEN NONCOMPLIANCE IN THIS INSTANT CASE AS OF DECEMBER THE FIFTH, 2024. SO SEND HIM A THING. AND HE'S GOT 21 DAYS TO FILE AN APPEAL. AND SO I DON'T WHAT I'M SAYING IS DON'T TEAR IT DOWN BEFORE 21 DAYS. GOTCHA. NO. OKAY. YOU CAN GO AHEAD WITH ALL OF YOUR PRELIMINARY STUFF ABOUT GETTING YOUR BIDS AND ALL OF THAT SORT OF STUFF, BUT WHEN YOU SEND HIM A NOTE, THAT NOTICE OF COMMENCEMENT ON, YOU KNOW, WE'RE GOING TO TEAR IT DOWN. YEAH.YEAH. RIGHT. SO WE'VE ALREADY DONE EVERYTHING WE WERE READY TO TEAR DOWN. THAT'S WHAT I SAY IN THE NOTICE OF THE NOTICE OF INTENT GOES OUT AFTER THE PRE BIDS AND OKAY, WELL WE'RE READY TO GO. OKAY. YOU CAN SEND HIM A NOTICE THAT THAT SAYS THAT YOU WILL COMMENCE TEAR DOWN. YOU KNOW 21 DAYS AFTER TODAY'S ORDER. OKAY. SO OKAY. OR. YEAH. BETTER MAKE IT LIKE 28 DAYS BECAUSE IT'S GOT TO GET TO HIM. HE HAS 21 DAYS FROM THE POSTMARK ON THE NONCOMPLIANCE ORDER. I DON'T KNOW HOW QUICKLY YOU GET THOSE OUT, BUT TELL HIM THAT I HAVE FOUND NONCOMPLIANCE TODAY.
AND THAT HE HAS. YOU KNOW, I THAT THE TEAR DOWN WILL COMMENCE NO EARLIER THAN WHATEVER 28 DAYS FROM TODAY'S DATE IS. ALRIGHTY. SO I THINK THAT'S ALL WE GOT TO DO WITH HIM IN HIS CASE. SO. AND
[02:05:02]
DO Y'ALL HAVE ANY KIND OF INDICATION THAT HE'S GOT A NEW ADDRESS BECAUSE THAT EMAIL CAME TO ME FROM DOTHAN. IT DIDN'T COME FROM GEORGIA. YEAH. AND I KNOW WE NEVER RECEIVED THAT EMAIL. OKAY. I'M JUST WONDERING IF HE'S HE'S MOVED. I MEAN, I JUST WANT TO MAKE SURE THAT WE I HAVE NOT RECEIVED THE ONLY ADDRESS I HAVE IS THIS CURRENT ADDRESS ON ROGERS DRIVE. AND HIS ADDRESS IN GEORGIA. OKAY. AND WE ONLY HAVE THAT BECAUSE OF THE COURT DOCUMENTS THAT WERE SENT THERE. ALL RIGHT. WELL, WHEN I SAY THAT, HE INDICATES IN THAT FILING THAT HE ALSO COPIED US ON THAT IN THE EMAIL. I PERSONALLY DID NOT RECEIVE IT. AND OTHER BIDS AND HE INDICATES A LOT OF THINGS IN HIS FILINGS THAT AREN'T SO, SO BUT, YOU KNOW, MAKE AN EFFORT TO GET HIM A COPY AND I SEND HIM A COPY OF MY RESPONSE OR MY REQUEST TO YOU ABOUT LET ME KNOW THE STATUS OF THE CASE AND SO ON AND SO FORTH. AT AN EMAIL ADDRESS THAT IS IN SOME THE STUFF THAT HE SENT, HE'S GOT AN ADDRESS OF SOMETHING, SOMETHING CONTRACTORS OR SOME BUILDERS OR SOMETHING LIKE THAT. SO I DON'T SEE ANY. I DON'T SEE ANY ADDRESSES IN THE FEDERAL PLEADINGS WHERE THEY SENT IT OR ANYTHING LIKE THAT. SO BUT SO LET ME SEE. DID Y'ALL GET ALL OF THE PAPERWORK THAT HE SENT AS AN ATTACHMENT? I WAS JUST GOING TO SAY. IT IF YOU DIDN'T I FROM YESTERDAY. YES.YES WE DID. OKAY. ALL RIGHT. HE. HE UTILIZES AN EMAIL ADDRESS OF. WELL, I THOUGHT IT WAS IN THERE.
BUT. BELL'S REMODELING ONE AT YAHOO.COM. SO THAT'S IN THE. THAT'S IN THE STUFF THAT HE SENT. SO SEND HIM A COPY OF THE ORDER AT THAT ADDRESS TOO. SO HE CAN'T COMPLAIN. OKAY. ALL RIGHT.
WHERE ARE WE AT? WELL, THIS SHOULD MOVE US ON TO, I'M ASSUMING. SEE, ON THE AGENDA.
CASE. 2024 1342. AND THE LOCATION IS GOING TO BE PARCEL 12810. DASH 010. DASH 000. I'M ROBERT CLARKSON, BAY COUNTY CODE ENFORCEMENT. THE CASE AGENT. IN THIS CASE I HAVE PRESENTED MY EXHIBITS AND AFFIDAVITS FOR THIS. THIS SLIDE TWO YOU HAVE. ARE YOU READY? YES, SIR. ALL RIGHT. SLIDE TWO IS JUST A SLIDE OF LOCATION ONLY. IT'S GOING TO BE THE DEAD END OF DOUGLAS.
THERE'S NO ROAD HERE. AND THE PARCELS ACTUALLY COVERS THIS WHOLE THIS ONE BIG, HUGE, UNDEVELOPED PARCEL RIGHT HERE IS, YOU KNOW, BUFFALO ROCK, JUST TO GIVE YOU AN AREA OF THE MALL OVER HERE. THIS IS A CLOSE UP. YOU CAN ACTUALLY SEE SOME OF THE VEHICLES AND BOATS HERE. THIS IS WHICH WILL BE PRESENTED AS EVIDENCE. THIS IS A COUNTY EASEMENT TO THIS PROPERTY BECAUSE YOU CANNOT SEE THIS FROM THE ROADWAY. THAT'S THAT'S THE SOLE ACCESS TO IT IS DOWN TO THE COUNTY. YES, SIR. OKAY. ON APRIL 18TH, THE PROPERTY OWNER, I GUESS, FOUND OUT THAT THE COUNTY WAS DOING SOME SORT OF WORK ON THE EASEMENT AND SOMEHOW HE WAS NOTIFIED THAT THAT HE NEEDED TO MOVE SOME OF HIS STUFF OFF OF THE EASEMENT. AND THAT LED HIM TO CONTACTING BAY COUNTY CODE ENFORCEMENT. AND AT THAT TIME, FORMER INVESTIGATOR WILBURN WAS ASSIGNED THIS CASE. SHE SPOKE WITH HIM AND SAID, YES, THIS IS AN UNDEVELOPED LOT. YOU DO HAVE THE NUMEROUS VEHICLES HERE. SO THIS IS A PICTURE OF THE EASEMENT. THERE ARE NUMEROUS DERELICT VEHICLES, JUNK DEBRIS.
THERE'S A WATERCRAFT IN THE BACK. HE DID INDICATE TO MISS WILBURN THAT HE WAS GOING TO TRY
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TO GET THE VEHICLES OUT OF THERE AND CLEAR THIS LOT. SLIDE SIX OF HER PRESENTATION. MAY 28TH. SHE DID REINSPECT THE PROPERTY. NOTHING HAD REALLY CHANGED OTHER THAN HE LOOKS LIKE HE WAS MAKING SOME FEEBLE ATTEMPTS TO. IT DOESN'T REALLY SHOW ON THE PICTURE, BUT HE IS MAKING ATTEMPTS TO TRY TO MOVE SOME OF THE DEBRIS OUT OF THERE. ON JUNE 27TH, I WAS REASSIGNED THIS CASE. I CONDUCTED MY INSPECTION AT THIS POINT. SOME OF THE CARS HAD BEEN REMOVED. UP FRONT THERE WAS THE CARS HERE. SOME OF THE JUNK IS OVER THERE. IT WAS REMOVED. THE BOAT WAS KIND OF MOVED UP MORE. I DID SEND OUT NOTICE OF VIOLATIONS TO THE PROPERTY OWNER, BUT HOWEVER, THOSE ALL RETURNED AS AS UNDELIVERED. PROPERTY SICK. ON AUGUST 6TH, I DID RE INSPECT THE PROPERTY. MAIN VIOLATION. THIS JUST SHOWING THAT THERE WAS SOME DEBRIS HERE THAT HE'S REMOVED.LOT OF OVERGROWTH. HE HAS TAKEN SOME OF THE CARS OUT OF HERE, BUT STILL A LOT OF STUFF REMOVED ALONG WITH THE VESSEL. THERE'S SOME JUNK GROWING UP BEHIND THE BUSHES. SEPTEMBER THE 9TH PROPERTY WAS REINSPECTED. HE'S REMOVED SEVERAL MORE VEHICLES AND THE BOAT. HOWEVER, HE DUMPED THE BOAT RIGHT AT THE ENTRANCE OF THE EASEMENT. AND THAT IS WHERE IT STILL REMAINS TODAY.
DRAGGED IT OUT THAT FAR? IT LOOKS LIKE THERE'S A CABLE IN THAT I. OH, YEAH. AND HONESTLY, SINCE SEPTEMBER THE 9TH, HE HASN'T DONE ANYTHING ELSE TO THE, THE PROPERTY. HE WAS RE NOTICED ON NOTICE OF VIOLATION FOR THE NOTICE OF HEARING. PROPERTY WAS INSPECTED 16TH.
IT'S REMAINED THE SAME. HE'S LEFT THAT RED CAR. AND I GUESS THESE THESE ARE PRETTY MUCH JUST TRASHED. HE I THINK HE TOOK OUT ANYTHING HE THOUGHT OF ANY VALUE AND LEFT THE REST. NOVEMBER 18TH. PROPERTY IS REINSPECTED. THIS IS ACROSS THE EASEMENT. I CAN'T NECESSARILY SAY IT WAS FROM HIM. STILL NO CHANGES ON HIS EASEMENT. THE BOAT IS STILL AT THE ENTRANCE. PROPERTY WAS POSTED. AND PROPERTY REMAINS IN VIOLATION. THE BOAT IS THERE AT THE ENTRANCE OF OUR EASEMENT.
AND PROPERTY IS STILL THE SAME. ON THE POSTING, IT DID GIVE THE NOTIFICATION FOR THE COMPLIANCE HEARING ON JANUARY 8TH AT 1 P.M. AND AT THIS POINT, REALLY HAVE NO MORE TESTIMONY OTHER THAN ALL THE STUFF HAS TO BE GONE, REMOVED. OKAY. AND IT SHOWS THAT BOTH OF THE MAILINGS HAVE BEEN RETURNED. YES, SIR. HE HAS AN ADDRESS OF ALLEN AVENUE. I THINK IT'S THE OLD RESCUE MISSION. BUT HE. WELL, NOW, THIS IS 916, HARMON. OH, I THOUGHT IT WAS ALLEN AVENUE. I DON'T KNOW WHY THEY'VE BEEN COMING BACK. IT SAYS IT'S UNDELIVERABLE. I DON'T KNOW IF THAT'S A VACANT ADDRESS NOW. I'VE HAD NO COMMUNICATION WITH HIM. THE CALL IN. HE DIDN'T OBTAIN A PHONE NUMBER, BUT I DO KNOW ON THE HE HAS DIVIDED THESE PARCELS. SINCE THIS CASE IS OPEN AND HE HAS SOLD THE FRONT HALF TO THE TRAILER PARK NEXT DOOR. SO HE IS VERY MUCH AWARE. AND THE FACT THAT HE'S TAKING THESE CARS OUT OF HERE. VERY MUCH AWARE OF THIS OPEN CASE. ALL RIGHT. BASED ON THE TESTIMONY I'VE HEARD IN THE PHOTOGRAPHS I'VE SEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PARCEL NUMBER. 12810-010, DASH 000 IS WITHIN THE UNINCORPORATED AREA OF BAY COUNTY, AND SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. NOTICE BY POSTING WAS GIVEN TO THE RESPONDENT AND HE HAS FAILED TO APPEAR AND TESTIFY. CODE ENFORCEMENT HAS TESTIFIED THAT HE HAS BEEN SELLING PARCELS OR SUB PORTIONS OF PARCELS OFF, SO HE IS WELL AWARE OF THE EXISTENCE OF THE ISSUE. PROBABLY THERE IS A VIOLATION OF 1702 IN THE FORM OF
[02:15:08]
TRASH, JUNK, DEBRIS, ABANDONED OR DERELICT VEHICLES AND VESSELS ON THE PREMISES. THE RESPONDENT SHALL HAVE A PERIOD OF TEN DAYS. TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING ALL THE ITEMS FROM THE PROPERTY. AND IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT AND KEEP CODE ENFORCEMENT. AWARE OF PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE CODE WITHIN THE TEN DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, THE RESPONDENT WILL BE FINED AN INITIAL FINE OF $200 AND A DAILY FINE OF $25 TO BE IMPOSED AFTER THE 10TH DAY, FOR A PERIOD OF 20 DAYS, OR WHEN THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICHEVER SHALL OCCUR FIRST.SUCH FINES SHALL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL. IF THE PROPERTY IS NOT BROUGHT INTO COMPLIANCE AFTER THE FILING PERIOD OF 20 DAYS. THE COUNTY SHALL BE AUTHORIZED TO ENTER UPON THE PREMISES AND ABATE THE VIOLATION BY REMOVING ALL ITEMS FROM THE PROPERTY TO INCLUDE JUNK, TRASH, DEBRIS, VEHICLES AND VESSELS, AND TO ASSESS THE RESPONDENT WITH ALL REASONABLE COSTS OF REMOVAL, VIOLATION. SO THAT. YOU MIGHT WANT TO LOOK AT THE DEED IF HE CONVEYED SOME OF THIS PROPERTY OUT AND SEE IF THERE IS A MAILING ADDRESS IN THAT DEED, OR ON THE BOTTOM WHERE IT SAYS THIS DOCUMENT WAS MAILED TO, OR SOMETHING LIKE THAT. YES, SIR. SEE, THAT MIGHT GIVE YOU AN ADDRESS, I DON'T KNOW. ALL RIGHT. THANK YOU. AND AGAIN, I THINK WE'VE GOT TO WAIT THE 20. I MEAN, IF WE TELL HIM WE'RE GOING TO CLEAN IT UP, WE GOT TO GIVE HIM. YOU KNOW, I GET WILL YOU PUT THIS ON A NON COMPLIANCE? YEAH. IT'S SCHEDULED FOR THE FEBRUARY EIGHTH. YEAH. WE'LL GO IN FRONT OF TIFFANY BECAUSE YOU'RE OUT. BUT YEAH.
OKAY. ALL RIGHT. GOOD DEAL. OKAY. WHAT'S NEXT? ITEM I THINK G IS IN GEORGE, WHICH IS GOING TO BE PROPERTY ADDRESS 2347. PRETTY BAYOU DRIVE. AND THIS FIRST SLIDE IS FROM DECEMBER OF 2023. FEBRUARY 24TH. JUST FOR LOCATION PURPOSES. THE PROPERTY IS OUTLINED IN BLUE. IT IS IN THE UNINCORPORATED AREA BAY COUNTY, COMMONLY KNOWN AS PRETTY BAYOU. YOU SEE HERE. THAT'S 23RD STREET AND 390 NORTH STAR CHURCH. AND RIGHT THERE, CLOSER UP. AERIAL VIEW OF THE PROPERTY.
IT IS A VACANT PARCEL WITH SOME ACCESSORY STRUCTURES ON IT. ON SEPTEMBER 4TH, INVESTIGATOR BRANDON BRANDON IRWIN OBSERVED THIS PROPERTY AND HE IS HERE TO TESTIFY. GOOD MORNING, MAGISTRATE BRANDON IRWIN, BAY COUNTY CODE ENFORCEMENT SEPTEMBER FOURTH. DID A SITE INSPECTION OF THIS PROPERTY. OBSERVED IT WHEN I WAS DRIVING THROUGH THE AREA. DID NOTICE SOME FURNITURE THERE NEXT TO THE VEHICLE. SOME JUNK AND TRASH AT THE BACK OF THIS PROPERTY. AND SLIDE FIVE. WHOLE PARCEL WAS OVERGROWN. THERE'S TWO ACCESSORY STRUCTURES. THIS PROPERTY IS ZONED R1, SO WITHOUT A PRIMARY STRUCTURE THERE'S ONLY ONE ACCESSORY. NON ACCESSORY STRUCTURE ALLOWED. SO VIOLATIONS INCLUDED WERE JUNK TRASH FURNITURE. ALLOWABLE R1 USES AND OVERGROWTH. THIS IS ANOTHER VIEW OF THE GATE AND SLIDE EIGHT. THERE'S TWO ACCESSES TO THE GATE ON THE PARCEL DRIVEWAY AND THE GATE. SEPTEMBER SIXTH THE NOTICE OF VIOLATION WAS SENT TO THE PROPERTY OWNER OF RECORD. USING THE PROPERTY APPRAISER DATABASE, THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED AND REGULAR MAIL NOTICE WAS RETURNED UNABLE TO FORWARD. I DID FIND AN ADDITIONAL ADDRESS. PROPERTY IS SPLIT 5050 ON A DEED WITH THE LISTED OWNER ON PROPERTY APPRAISER AND ANOTHER INDIVIDUAL AS WELL, AND I SENT THE CERTIFIED AND REGULAR NOTICE TO THE OTHER INDIVIDUAL, EDWARD BOOKER, AT THE PROPERTY ADDRESS, 501 ELM WAY, PANAMA CITY, FLORIDA. THE CERTIFIED NOTICE WAS DELIVERED ON SEPTEMBER 12TH, 2024. ACCORDING TO THE US POSTAL SERVICE TRACKING DATABASE, THE REGULAR MAIL NOTICE HAD NOT BEEN RETURNED. OCTOBER 17TH I
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RE-INSPECTED THE PROPERTY AND IT REMAINED IN VIOLATION ON THAT DATE AS WELL. NO CHANGES. YOU'LL GO BACK A COUPLE SLIDES. REMAINED IN VIOLATION ON THAT DATE AS WELL. NO CHANGES. TOBER 29TH. ANOTHER INSPECTION. NO CHANGES AT THIS TIME. SLIDE 14 AND 15 ALL REMAIN THE SAME.NOVEMBER FIRST. NOTICE OF VIOLATION. NOTICE OF HEARING WAS SENT. TO BOTH THE PROPERTY OWNER OF RECORD AND EDWARD BOOKER AT THE ELM WAY ADDRESS AS WELL. NO RETURN SERVICE FOR THE CERTIFIED REGULAR MAIL NOTICE IS SENT TO EITHER ADDRESS. HAD BEEN RECEIVED AT THAT DATE, ACCORDING TO THE POSTAL SERVICE TRACKING DATABASE. A CERTIFIED NOTICE WAS STILL IN TRANSIT. AND WAS LAST UPDATED ON NOVEMBER 5TH. NOVEMBER SEVENTH, 2024 I SPOKE WITH EDWARD BOOKER. HE CONTACTED THE OFFICE AFTER RECEIVING THE NOTICE OF HEARING, SAID HE WAS NOT AWARE OF THE VIOLATIONS. HE DIDN'T LIVE THERE. HE DID HAVE PART OWNERSHIP IN THE PROPERTY, BUT IT WAS BASICALLY SOMETHING THAT WAS OUT OF SIGHT, OUT OF MIND. HE DIDN'T KNOW THAT ONLY ONE ACCESSORY WAS ALLOWED. ONCE HE WAS DEEDED OVER HALF OF THE PROPERTY, HE SAID BOTH ACCESSORIES WERE ALREADY THERE.
AFTER RECEIVING THE NOTICE, HE WENT TO THE PROPERTY TO CHECK ON THE VIOLATIONS. HE HAD REMOVED TRANSIENTS LIVING IN ONE OF THE ACCESSORIES. AND PLANNED TO CLEAN THE PROPERTY HIMSELF OR BUT MAY HAVE TO HIRE SOMEONE. HE INTENDED TO CORRECT THE VIOLATIONS PRIOR TO THE HEARING DATE. NOVEMBER 21ST. NOTICE OF HEARING WAS POSTED ON THE PROPERTY. VIOLATIONS STILL REMAIN TILL SOME TRAFFIC HAD BEEN IN AND OUT. SOME OF THE OVERGROWTH WAS KNOCKED DOWN, BUT IT WAS STILL STILL REMAIN. JUNK, TRASH, FURNITURE STILL REMAINED AT THE BACK OF THE PROPERTY AND SLIDE 19. AT THIS POINT, THE ACCESSORY STRUCTURE, IF YOU'LL GO BACK ONE SLIDE, IT'S RIGHT HERE. I MEAN, THERE'S ONE. THE OTHER ACCESSORY STRUCTURE HAD BEEN REMOVED. NOVEMBER 22ND. I CHECKED THE PROPERTY APPRAISER DATABASE. PROPERTY TAXES HAVE BEEN PAID IN FULL. NO OWNERSHIP HAD CHANGED. DECEMBER 3RD INSPECTED THE PROPERTY. IT REMAINED IN VIOLATION. ALTHOUGH MAJORITY OF THE OVERGROWTH HAD BEEN CUT. THERE WAS STILL THE JUNK, TRASH AND FURNITURE AT THE BACK OF THE PROPERTY. STILL SEE SOME OVERGROWTH IN FRONT OF THE SECONDARY ENTRANCE THERE AT THE GATE AND SLIDE 23. NOW, YOU SAID THAT THE PROPERTY HAD BEEN SPLIT. HAS IT? HAS IT LIKE YOU GOT THE NORTH 20FT OF THIS AND I GET THE SOUTH 20FT, OR IS IT JUST BILLY BOB AND JOHN ON THE SAME DEED? THEY OWN THE SAME DEED. HALF AND HALF. OKAY. IT'S. I THINK ONE OF THE MEN HAD INHERITED OWNERS OF THE SAME PARCEL. CORRECT? OKAY. AND THEN THE CASE IS SCHEDULED FOR A COMPLIANCE HEARING ON JANUARY EIGHTH, 2025 AT 1 P.M. OKAY. I JUST DIDN'T WANT TO ASSESS SOMEBODY OR END UP ENTERING AN ORDER ASSESSING OR PUTTING A LIEN ON SOMEBODY'S PROPERTY THAT DIDN'T DO ANYTHING WRONG. IF IT WAS ACTUALLY SPLIT. BUT IF THEY OWN IT TOGETHER, THEY BOTH OWN THE HOOK. CORRECT. OKAY. OKAY. BASED ON THE PHOTOGRAPHS THAT I'VE SEEN AND THE TESTIMONY THAT HAS BEEN OFFERED IN THIS MATTER, I'M GOING TO FIND THAT THE ADDRESS OR THE PROPERTY LOCATED AT 2347 PRETTYBOY DRIVE, IS WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. NOTICE HAS BEEN BY POSTING AND BY MAIL, AND NO ONE HAS APPEARED ON BEHALF OF THE RESPONDENT. THERE IS A VIOLATION OF 17 TWO IN THE FORM OF JUNK, TRASH, FURNITURE AND OVERGROWTH. THE RESPONDENTS SHALL HAVE A PERIOD OF TEN DAYS FOR THE PROPERTY TO BE BROUGHT INTO COMPLIANCE. BY REMOVING ANY AND ALL JUNK, TRASH, FURNITURE, AND BY CUTTING OR MOWING ANY AND ALL OVERGROWTH GRASS AND WEEDS. IT'S THE RESPONSIBILITY OF THE RESPONDENTS TO CONTACT AND INFORM CODE ENFORCEMENT OF THE DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE IF THEY FAIL TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE CODES. WITHIN TEN DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, THERE SHALL BE AN INITIAL FINE.
I'M GOING TO REDUCE THAT TO $100, SINCE IT APPEARS AS THOUGH THEY'RE MAKING PROGRESS AND A DAILY FINE OF $25, WHICH SHALL BE IMPOSED AFTER THE 10TH DAY. AND THAT FINE SHALL RUN FOR A
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PERIOD OF 20 DAYS, OR WHEN THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICH SHALL EVER COME, WHICHEVER SHALL COME FIRST, AND THE FINE WILL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PROPERTY REAL AND PERSONAL. LOCATED IN BAY COUNTY. IT SHALL BE THE RESPONDENT'S RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT THAT THE PROPERTY IS IN COMPLIANCE. IN ORDER TO STOP THE FINE. IF THE PROPERTY IS NOT BROUGHT INTO COMPLIANCE AFTER A FINDING PERIOD OF 20 DAYS, THE COUNTY SHALL BE AUTHORIZED TO ENTER UPON THE PREMISES AND ABATE THE VIOLATIONS, THEN FIND FOUND TO EXIST BY REMOVING ANY AND ALL JUNK, TRASH AND FURNITURE AND BY CUTTING OR MOWING AND REMOVING ALL OVERGROWTH, GRASS AND WEEDS, AND TO ASSESS THE RESPONDENTS WITH THE REASONABLE COST OF DOING SO. THAT ADDITIONAL COST SHALL ALSO BECOME A LIEN ON THE REAL AND PERSONAL PROPERTY OF THE RESPONDENTS LOCATED HERE IN BAY COUNTY. OKAY, LET'S BRINGS US TO PROPERTY ADDRESS 1304 SEVENTH STREET. WHICH ITEM IS THAT? I BELIEVE IT'S I. OKAY.AND THIS IS A SECOND HEARING TO IMPOSE A LIEN. THIS CASE WENT BEFORE YOU ON JANUARY 17TH, 2024, AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE 17 DASH TWO, IN THE FORM OF UNFIT, UNSAFE STRUCTURE. THE RESPONDENT DID NOT APPEAR AT THAT HEARING. THIS IS THE BUILDING INSPECTION REPORT THAT WAS PRESENTED TO YOU OR BUILDING INSPECTION PHOTOS THAT WERE PRESENTED TO YOU AT THAT HEARING. JUST TO REFRESH YOUR MEMORY OF THIS CASE, THE MAGISTRATE ORDERED THE RESPONDENT HAVE 30 DAYS TO COMPLY WITH THE ORDER OR A FINE OF $1,000 WOULD BE IMPOSED AND SHOULD THE VIOLATION REMAIN, THE MAGISTRATE DIRECTED STAFF TO ABATE THE NUISANCE AND ALL INCIDENTAL COSTS OF ENFORCEMENT TO CONSTITUTE A LIEN AGAINST REAL PROPERTY IN WHICH THE VIOLATION EXISTED, AND AGAINST ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDEN.
ON FEBRUARY 9TH, 2024, A DEMOLITION PERMIT WAS ISSUED AND AN EXTENSION WAS PROVIDED. AT THAT TIME. INSPECTIONS WERE CONDUCTED BETWEEN FEBRUARY 20TH AND FEBRUARY 28TH, 2024, AND THE PROPERTY REMAINED IN VIOLATION AND THE STARTING WITH PHOTO SLIDE TEN. YOU SEE, ON FEBRUARY 20TH. ON SLIDE 12. ON APRIL 29TH, IT APPEARED THAT SOME WORK BEGAN IN THE DEMOLITION OF THE MOBILE HOME. HOWEVER, AFTER THAT REMAINED IN THAT STATE. UNTIL AUGUST 18TH. AS YOU SEE IN THIS SLIDE, THE SLIDE IS NOT NUMBERED, BUT THE PROBABLY SHOULD BE 18. 18 AND 19. THEY HAD DONE MORE DEMOLITION WORK AT THAT POINT. THE PERMITS HAD EXPIRED. IT WAS TOO UNSAFE AT THAT POINT TO DO AN ASBESTOS SURVEY. SO NO ASBESTOS SURVEY WAS DONE. THE PROPERTY WAS CLEANED. A NOTICE OF INTENT WAS SENT ON AUGUST 27TH, SAYING THAT WORK WOULD BEGIN ON OR AFTER SEPTEMBER 9TH. THE PROPERTY WAS CLEANED AT A COST BY THE COUNTY AT A COST OF $2,950, AND ON OCTOBER 18TH, 2024 WAS FOUND TO BE IN COMPLIANCE. ON OCTOBER 24TH, A NOTICE OF SECOND HEARING WAS SENT. THE NOTICE WAS DELIVERED TO RESPONDENT ON OCTOBER 26TH. THE NOTICE WAS ALSO POSTED ON THE PROPERTY AND AT THE GOVERNMENT BUILDING, AND THAT CONCLUDES MY TESTIMONY.
OKAY. ALL RIGHT. BASED ON THE TESTIMONY I'VE HEARD AND THE EXHIBITS I'VE SEEN IN THE FORM OF PHOTOGRAPHS INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE RESPONDENT IS HEREBY ORDERED TO PAY THE COST OF ABATING THE NUISANCE AND THE INCIDENTAL COST OF ENFORCEMENT IN THE AMOUNT OF $2,950, WHICH SHALL ACCRUE INTEREST AT THE STATUTORY RATE. UPON RECORDING. THERE IS ALSO A FINE IN THE AMOUNT OF $1,000 WHICH IS IMPOSED, AND THAT SHALL ALSO DRAW INTEREST AT THE STATUTORY RATE. UPON RECORDING UPON RECORDING OF THE SECOND ORDER IN THE PUBLIC RECORDS OF BAY COUNTY, THE COST LEVIED SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS OCCURRED, AND ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENTS. THE BOARD OF COUNTY
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COMMISSIONERS COST OF ABATING THESE VIOLATIONS BY VIRTUE OF THE UNIFORM ASSESSMENT COLLECTION ACT IN CHAPTER 21 OF THE CODE. ALL RIGHT. I BELIEVE THE LAST CASE FOR THE DAY IS ITEM J. PROPERTY ADDRESS IS 7614 LITTLETON ROAD. CASE WENT BEFORE THE SPECIAL MAGISTRATE ON SEPTEMBER 20TH, 2023 AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE 17 DASH TWO, IN THE FORM OF TWO UNFIT, UNSAFE ACCESSORY STRUCTURES OVERGROWTH, DERELICT VEHICLES, JUNK, TRASH AND DEBRIS. THE RESPONDENT DID NOT APPEAR AT THAT HEARING. THESE ARE PHOTOS THAT WERE PRESENTED TO YOU AT THAT FIRST HEARING. THESE ARE FROM JUNE 15TH, 2022. THIS IS THE FIRST ACCESSORY STRUCTURE. AND THEN THE SECOND ONE HERE. GUARDED HOT TUB. THE RESPONDENT WAS GIVEN.THE MAGISTRATE ORDERED. THE RESPONDENT HAVE 30 DAYS TO COMPLY WITH THE ORDER, OR A FINE OF $1,000 WOULD BE IMPOSED. AND SHOULD THE VIOLATIONS REMAIN, THE MAGISTRATE DIRECTED STAFF TO ABATE THE NUISANCE AND ALL INCIDENTAL COSTS OF ENFORCEMENT TO COME TO LEAN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATION EXISTED, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. THIS IS JUST TO SHOW THIS WAS SEPTEMBER 8TH WAS JUST PRIOR TO THE HEARING TO SHOW THAT IT WAS INDEED, IN FACT, IN VIOLATION OF SEPTEMBER 20TH. ON OCTOBER 16TH, 2023, AN INSPECTION WAS COMPLETED AND THE PROPERTY REMAINED IN VIOLATION. OCTOBER 27TH, 2023 A DEMOLITION PERMIT WAS ISSUED FOR ONE SHED AND AN EXTENSION WAS PROVIDED AT THAT TIME. ON JULY 16TH, 2024, AN INSPECTION WAS COMPLETED AND THE PROPERTY REMAINED IN VIOLATION. THE TRASH AND JUNK.
DID THEY TAKE DOWN THE SHED? THEY TOOK DOWN ONE OF THE SHEDS. YES. AUGUST 27TH, 2024 A NOTICE OF INTENT WAS SENT STATING THAT WORK WOULD BEGIN ON OR AFTER SEPTEMBER NINTH. THAT WAS POSTED ON THE PROPERTY ON AUGUST 28TH AS WELL. DURING A PRE-BID INSPECTION. AND THE TRASH AND JUNK. AND THAT ONE STRUCTURE YOU CAN SEE IT IN THERE AND THROUGH THE WOODS THERE, OR THE TREES.
THE OTHER STRUCTURE HAD BEEN REMOVED. THE PROPERTY WAS CLEANED BY A COMPANY CONTRACTED BY THE COUNTY AT A COST OF $1,290, AND ON SEPTEMBER 10TH, 2024 WAS FOUND TO BE IN COMPLIANCE, AS YOU SEE, AND THESE LAST PHOTOS OCTOBER. THERE APPEARED TO BE A VEHICLE IN THAT FIRST SLIDE. THAT SLIDE THAT'S THE BACK BACKHOE OR THE CONTRACTORS. THAT ONE OVER HERE ON THE LEFT HAND SIDE. LET ME GET MY LASER POINTER. THIS ONE RIGHT HERE. OH. OVER HERE. YEAH.
THE LEFT. YOUR LEFT. OKAY. WELL, BUT THAT VEHICLE'S GONE. THERE THEY GET IT. OKAY. ALL RIGHT. I JUST WANTED TO. AT THE TIME I TOOK THAT PHOTO. ABOUT TEN MINUTES LATER, THE TOW TRUCK SHOWED UP. OKAY. THEY HAD DRUG IT OUT FROM THE BACK, PUT IT DOWN THE DRIVEWAY BECAUSE THE TOW TRUCK COULDN'T GET IN THERE. IT WAS PRETTY SOFT. YEAH. THAT'S UNDERSTANDABLE. HERE'S MY VEHICLE IN THE BACKGROUND. OKAY. ALL RIGHT. OKAY. THE OTHER ONE WAS A CONTRACTOR VEHICLE. MOST OF THE TIME, THEY'LL THEY'LL TRY TO CALL ME RIGHT AS THEY'RE FINISHING UP AND TRY TO GET THERE SO I CAN RELEASE THEM TO GO TO THE NEXT ONE, BECAUSE THERE'S SOMETHING THAT NEEDS TO BE FILLED IN OR REMOVED. I INFORM THE LOGISTICALLY MOVE AND THEN COME BACK. YEAH. YEAH.
YEAH. MOBILIZATION IS EXPENSIVE. OKAY. OKAY. ALRIGHTY. OKAY. BASED ON THE TESTIMONY I'VE HEARD AND THE PHOTOGRAPHS INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE RESPONDENT SHALL BE ORDERED TO PAY THE COST OF ABATING THE NUISANCE AND THE INCIDENTAL
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COSTS OF THE ENFORCEMENT ACTION IN THE AMOUNT OF $1,290 PLUS STATUTORY INTEREST, WHICH SHALL ACCRUE FROM RECORDING. ADDITIONALLY, THERE IS A FINE IN THE AMOUNT OF $1,000 WHICH SHALL BE IMPOSED UPON THE RECORDING OF THE SECOND ORDER IN THE PUBLIC RECORDS OF BAY COUNTY. THE COST LEVIED AGAINST THE RESPONDENT SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS OCCURRED, AND ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. THE COUNTY COMMISSIONERS ARE AUTHORIZED TO ASSESS THESE COSTS. BY VIRTUE OF THE UNIFORM ASSESSMENT COLLECTION ACT IN CHAPTER 21 OF THE CODE, THE FINE SHALL ALSO ACCRUE INTEREST AT THE STATUTORY RATE FROM THE DATE OF RECORDING. THAT'S IT. THAT'S IT* This transcript was compiled from uncorrected Closed Captioning.