[Code Magistrate Hearing on April 23, 2025.] [00:00:04] OKAY. WE'RE ON. I'LL CALL THIS MEETING TO ORDER. I HAVE REVIEWED THE DOCKET. I DON'T SEE A BASIS FOR ANY ORDERS OF RECUSAL AS IT RELATES TO ANY OF THE CASES ON TODAY'S DOCKET. I HAVE NOT HAD ANY EX PARTE COMMUNICATIONS WITH ANYONE REGARDING ANY OF THESE CASES PARTICIPATE GIVING TESTIMONY IF YOU WOULD STAND AND RAISE YOUR RIGHT HAND AND BE SWORN. YOU SWEAR. AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU. OKAY. WE DO HAVE ITEMS B AND C HERE. SO THE GENTLEMAN JUST WALKED IN. I DON'T KNOW IF YOU'VE GOT. YES. OKAY. IF WE COULD START WITH ITEM B TODAY. PROPERTY ADDRESS IS 2300 SHERMAN AVENUE WITH 51. WAS PUT IN A. SECOND. ONE SECOND NONCOMPLIANCE HEARING. AND. AND SECRETARY THOR HAS CONDUCTED ALL THE INSPECTIONS. SO. GOOD MORNING. MAGISTRATE INSPECTOR. INSPECTOR FOR CODE ENFORCEMENT. I SUBMITTED MY CREDENTIALS FOR RECORD. ALL MY NOTICES AND PHOTOGRAPHS ARE INCLUDED IN MY TESTIMONY. THIS CASE WENT BEFORE A SPECIAL MAGISTRATE ON BAY COUNTY FROM MARCH 19TH, 2025, AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE 17 DASH TWO AND A FORM OF UNFIT, UNSAFE STRUCTURE. THE RESPONDENT DID APPEAR AT THE HEARING. PHOTOGRAPHS OF THE PROPERTY INTRODUCED INTO EVIDENCE AS EXHIBIT A AND CONTAINED IN THE CASE FILE. THESE PHOTOS HERE SHOWN ARE AFTER. THIS IS THE I WOULD CALL IT THE THIRD BUILD INSPECTION. ONE WAS DONE AFTER THE HURRICANE AND INITIAL BUILD INSPECTION FOR INVESTIGATOR BRUNING. AND THEN THIS IS THE SECOND ONE AFTER OUR THIRD ONE AFTER THE NONCOMPLIANCE HEARING. DAMAGES STILL EXISTED ROTTING TO THE WALL AS AGAIN, THAT'S THE GYPSUM. AND YOU CAN REACH RIGHT INTO THE INTO THE BEDROOM. THE NEXT PHOTO, THE GABLE END IS STILL DAMAGED. SEPARATION AT THE TOP. YOU CAN SEE THE SIDING IS NOT PUT ON CORRECTLY. NO J CHANNEL AROUND ANY OF THE OPENINGS. FLAT. NO FLASHING ON THERE. UNDERLAYMENT KNOCK BLOCKS. LEVELING BLOCKS UNDERNEATH ARE KNOCKED DOWN UNDERNEATH THE DOOR AND ON THE CORNERS FOR STABILIZATION. HOLES FILLED WITH PUTTY. THE LEFT OF THE WINDOW, YOU CAN SEE ROTTED STUDS OR MISSING STUDS AND SPRAY FOAM FILLED IN WHERE HOLES ARE. MORE MISSING. FOAM BOARD UNDERNEATH ROTTED STUDS. AGAIN, NO J CHANNEL. NO FLASHING AROUND THE WINDOWS. NO DRIP RAIL ALONG THERE. PLEXIGLASS PLACED IN THE WINDOW OPENINGS WHERE THE GLASS WAS MISSING. THAT WINDOW BE FUNCTIONAL. NO IT WOULDN'T IT WOULDN'T OPEN. IT SEALED UP. AND THERE'S A REQUIREMENT FOR EGRESS ON WINDOWS LIKE THIS. YES, SIR. UNLESS YOU GOT SOMETHING HEAVY TO THROW THROUGH IT TO GET OUT. NEXT IS LEAKING BATHROOM TOILETS INSIDE WATER STANDING IN THERE. AND THAT PHOTOGRAPH PREVIOUSLY WHERE ALL THE UNDERLAYMENT WAS HANGING DOWN. THAT'S EXACTLY WHERE THE BATHROOM IS AT. THE MAGISTRATE ORDERED THAT THE RESPONDENT HAVE 30 DAYS TO COMPLY WITH THE ORDER. ALL INCIDENTAL COSTS OF ENFORCEMENT SHALL CONSTITUTE A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATION EXISTS, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. A COPY OF THE ORDER IS INTRODUCED IN EVIDENCE AS EXHIBIT B AND CONTAINED IN THE CASE FILE. INSPECTIONS WERE CONDUCTED FROM MARCH 10TH, 2025 THROUGH OUR APRIL 21ST, 2025. THE PROPERTY STILL REMAINED IN VIOLATION. THIS IS MARCH 10TH AND THIS IS APRIL 14TH. SOMETIME IN BEGINNING APRIL, THE TENANT HAS STARTED TO PUT NEW SIDING ON. NO PERMITS, NO ENGINEERING. NOTHING'S BEEN APPLIED FOR THE BACKSIDE. STILL LOOKS THE SAME. CLOSER VIEW. THE FOAM BOARD HAS NOT BEEN REPLACED. ROTTED STUDS ARE STILL THERE. SOME OF THE FOAM BOARD UNDERNEATH THE WINDOW WAS REPLACED. HOWEVER, NO ENGINEERING ON THE REPLACEMENT OF THE STUDS OR NO DESIGN PROFESSIONAL HAS BEEN SUBMITTED. NO PERMITS HAVE BEEN APPLIED FOR. ELECTRICAL STILL DISLODGED FROM THE DOOR. AND APRIL 21ST WOULD BE MY LAST INSPECTION. AS YOU CAN SEE, THEY'RE FINISHING UP SIDING AGAIN. THERE'S NEW INSULATION DOWN THE BOTTOM LEFT. YES, MA'AM. AND IF YOU GO BACK [00:05:03] ONE, JUST TO REFRESH YOU AGAIN TO THE LEFT OF THAT WINDOW. THAT WAS WHERE THE WALL WAS COMPLETELY ROTTED OUT ON BOTH SIDES OF IT. YOU COULD REACH INTO THE BACK BEDROOM. AND THE RIGHT SIDE STILL HAS YET TO BE TOUCHED. SOME PIECES ARE OFF AND THE BACKSIDE STILL REMAINS. THAT IS ALL I HAVE. SIR. YOU WANT TO BE HEARD ON THIS? YES, SIR. OKAY. WAS HE SWORN? OKAY. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. DANIEL MARLOW, JUNIOR, 2300 SHERMAN AVENUE, LOT NUMBER 51. OKAY. WHAT DO YOU WANT US TO KNOW? OKAY. AFTER WE CAME 19TH, I DID EVERYTHING TO TRY TO GET THE PERMIT AND EVERYTHING LIKE THAT. SO THE HOMEOWNER, THE PROPERTY OWNER, CAME DOWN TO PANAMA CITY, FLORIDA, WENT TO SEE MISS CHARLOTTE. THEY WENT AND DID ALL THE PAPERWORK TO TRY TO GET ME A PERMIT SO HE WOULDN'T ABANDON ME ON THE PROPERTY. THAT'S THE ONLY WAY I COULD GET A PERMIT. YOU GOT TO GET A PERMIT TO PUT IT IN HIS NAME. WE GOT TO GET OWNERSHIP OR TIED TO PUT IT IN HIS NAME SO HE COULD TRANSFER THE TITLE TO ME. WE STEADY IN THAT PROCESS. ABOUT TWO WEEKS AGO, WHEN SHE CAME, WE WERE TOLD THAT WE HAD TO SEND A LETTER TO THE PREVIOUS OWNER OF THE TRAILER, WHICH WE DID. SO THAT TOOK A PROCESS. SO THEN AFTER WE RECEIVED THAT LETTER BACK, WE HAVE TO POST IT IN THE NEWSPAPER FOR A WEEK. AND THEN AFTER ALL OF THAT'S DONE, THAT'S THE ONLY WAY THE PROPERTY OWNER COULD SUSTAIN A TITLE FOR IT. SO THAT'S WHAT HAPPENED. SO I GOT PICTURES HERE. IT SHOWED, LIKE HE SAID SHOWED YOU I WAS DOING THE SIDE BECAUSE I DIDN'T WANT TO COME HERE WITH NOTHING DONE. SO WHAT HE SHOWED YOU I HAVE THE PICTURES OF FROM START TO FINISH OF WHAT I DONE. IT'S ALL INSULATED ON THAT SIDE. I REPLACED ALL THE ROTTEN WOOD THAT WAS UP UNDER THE WINDOWS. I TIED IT DOWN. SO I'M DOING THE BEST I CAN, SIR. I DON'T, I DON'T KNOW WHAT ELSE TO DO. THAT'S ALL I GOT. LIKE I KEEP TELLING Y'ALL, I'M DOING. I DON'T HAVE A PERMIT. I COULDN'T GET A PERMIT. SO IF I GOT TO GET FINED OR WHATEVER THE CASE MAY BE. BUT THIS ALL THIS MY HOUSE. I'M DOING THE BEST I CAN WITH WHAT I GOT. I BOUGHT THE HOUSE DURING AFTER. MICHAEL. I'VE BEEN IN THAT HOUSE FOR SEVEN, EIGHT YEARS. SO, I MEAN, IT AIN'T NO DAMAGE. IT'S NOT. AS DIRE AS MR. THORPE SAYS IT IS. SO I WANT TO INTRODUCE THIS INTO EVIDENCE. IF THE JUDGE COULD JUST SEE, MR. THORPE COULD ALSO LOOK AT IT. NO, I DIDN'T GET A PERMIT FOR IT, BECAUSE I JUST CAN'T DO THAT. I TRIED TO CALL TO GET THE SPECIFICATIONS FROM FLEETWOOD. THEY. THEY COULDN'T GIVE ME THAT BECAUSE IT'S A 2002 TRAILER. SO, I MEAN, I'M DOING EVERYTHING THAT I KNOW TO DO, SIR. SO CAN I SHOW YOU THIS, SIR? YEAH. YEAH. I. WANT TO SHOW. THANK YOU. WELL, LET HIM COME UP HERE, AROUND HERE AND LOOK AT THIS. AND. I JUST SCROLL TO FIND IT'S A VIDEO. THAT WAS THE BOTTOM OF IT, BUT I WAS GOING TO. JUST. OKAY, JUST GIVE YOU A BETTER IDEA OF. THIS. JUST WANT TO SHOW YOU ABOUT THE TRAILER. AS YOU CAN SEE, I HAVE REPAIRED ALL THE STRUCTURAL DAMAGE TO THE ALL NEW WOOD WHERE THE WOOD WAS ROTTED OUT AT INSTALLATION, WHERE THERE WAS NO INSULATION. I GOT ALL MY TIES CONNECTED WITH BEAMS TOGETHER. I GOT EVERYTHING TIED DOWN. SO SIDE OF THE HOUSE, EVERYTHING IS TIED DOWN. ALL NEW WOOD WHERE IT WAS ROTTED OUT AT. I GOT MY TIE DOWN. CONNECTED TO THE OTHER WOOD. GOT MY INSTALLATION GOING IN THE DRIVE IN. I'LL SHOW YOU THE DRYING PROCESS WHERE ALL OF THAT STUFF IS AT THE EXPOSED. INSTALLATION. IT'S GOING TO DRY ALL OF THAT IN. SO THEREFORE, STRUCTURE IS SOUND. MY STRUCTURE IS SAFE. THAT WAS THE REPAIR UP THERE IN THIS CORNER RIGHT HERE. THAT MISTER ROTTEN THORPE. WAS TALKING ABOUT. I KNEW WOULD. ALL THIS OLD WOOD WAS ROTTED OUT THERE. SAME THING ON THE OTHER SIDE COMING OUT MY DOOR. THIS WILL BE MY RIGHT SIDE COMING INTO MY DOOR. THIS LEFT SIDE, LEFT SIDE OF THE DOOR. HOUSE FOLLOWED THE RIGHT SIDE OF THE [00:10:04] DOOR AS IT WOULD THAT HAVE TO BE REPLACED? I MEAN, YOU'D HAVE TO PULL IT OFF TO HAVE TO PULL ALL THAT OFF, BECAUSE THESE TWO BEAMS ARE STILL TIED IN THE ROCK. I MEAN, NOT RIGHT. WELL, THAT'S NOT RIGHT. OKAY. STILL NO. RIGHT. OKAY. WELL, THAT'S ALL RIGHT. WELL, I'M GLAD TO ABIDE BY THE. AT THIS TIME. ALL RIGHT. ALL RIGHT. WELL, I THERE'S A LOT OF THINGS THAT ARE WRONG, BUT THERE'S A LOT OF OTHER SIDE. BUT YOU HAVE TO HAVE THAT FOR THE ROAD THERE. WELL, I GET FINE. FINE. ALL RIGHT. THAT'S ALL I GOT TO DO. EVERYTHING IN MY POWER TO TRY TO ACCOMMODATE YOU. AMEN. BUT Y'ALL WANT ME TO DO. I GOT MY DAUGHTER. MY GRANDSON. WHAT I'M SUPPOSED TO DO? I'M DOING THE BEST I CAN. UNDERSTAND WHAT YOU'RE SAYING. THE PROBLEM IS, IT STILL REMAINS UNFIT AND UNSAFE. WELL, NOT TO ME. WE'VE BEEN LIVING THERE FOR SEVEN YEARS. AIN'T NOTHING HAPPENING. I DON'T HAVE NO LEAKS IN THE HOUSE. MY FLOOR IS SOUND. I GOT ALL NEW FLOORING IN THE HOUSE WHERE HE SAYS IN THE BATHROOM THERE'S A LEAK THAT'S BEEN FIXED IN THE TOILET. IT WAS JUST A TOILET LEAK. THAT WHERE THE THING WAS DOWN. THAT'S BEEN FIXED. I MEAN, YOU CAN LOOK AT THAT TRAILER. I MEAN, ANY TRAILER 22 YEARS OLD IS GOING TO HAVE THAT. I'M IN A TRAILER PARK. I'M NOT LIVING IN BAY POINT. YOU KNOW WHAT I'M SAYING? I'M A POOR MAN. I'M LIVING DAY TO DAY. CHECK TO CHECK. I GET UP EVERY MORNING, WORK HARD, MAN. THIS IS JUST. AND I DON'T DOUBT THAT. I GUESS IT'S JUST. I DON'T KNOW WHAT ELSE TO DO. SIR, I'M DOING EVERYTHING IN MY POWER TO KEEP MY HOUSE AND TRY TO COMPLY WITH THIS COURT, YOU KNOW? AND EVERY TIME I COME BACK, IT'S THIS LITTLE NITPICK THING HERE. YOU GOT HOUSES OVER THERE WITH WITH ALUMINUM ROOFS THAT'S RUSTED. I DON'T SEE THEM GOING OVER THERE, MAN. YOU GOT UNDERLAYMENT ON OTHER TRAILERS OVER THERE. YOU GOT OTHER TRAILERS OVER THERE WITH. NO, I UNDERSTAND THAT, SIR, BUT I'M IN THE SAME TRAILER PARK AND NONE OF THEM IS BEING HARASSED LIKE THIS. I DON'T UNDERSTAND THAT. IF HE'S GOING TO DO THIS TO ME, YOU NEED TO GO OVER THERE AND CODE EVERYBODY OVER THERE. THAT'S IN VIOLATION. NOT JUST ME, BECAUSE IT'S A BUNCH OF VIOLATIONS OVER THERE IN THAT TRAILER PARK. I DONE BEEN HERE 3 OR 4 TIMES, AND I APPRECIATE THAT. BUT THE PROBLEM IS IT REMAINS UNFIT OR UNSAFE. ALL RIGHT. THE BUILDING INSPECTOR WHO KNOWS A LOT MORE ABOUT THIS. I MEAN, IF YOU LOOKED AT THAT, MR. MARLOW, PLEASE DON'T INTERRUPT ME. MY BAG. SIR. OKAY. ALL RIGHT. THE. THE BUILDING INSPECTOR HAS POINTED OUT DEFICIENCIES IN YOUR REPAIRS. YOU DID THE REPAIRS WITHOUT THE REQUIRED DESIGN SPECIFICATIONS. I TRIED TO GET THAT. OKAY. AGAIN, I'M GOING TO ASK YOU. PLEASE DO NOT INTERRUPT ME. ALL RIGHT. THAT WAS ALL DONE. YOUR REPAIRS ARE DEFICIENT IN THAT. THEY ARE TIED TO ROTTING STRUCTURES OR ROTTING COMPONENTS AND THOSE KINDS OF THINGS. THE ELECTRICAL HAZARDS THAT I'VE SEEN, ALL OF THOSE KINDS OF ISSUES. THE ISSUE OF EGRESS OUT OF THAT PLACE WITH THE WHAT I'M GOING TO CALL THE PLEXIGLAS WINDOW, ALL OF THOSE ISSUES HAVE CREATED AN UNFIT OR UNSAFE STRUCTURE THERE. AND, YOU KNOW, I APPRECIATE THE CIRCUMSTANCES THAT YOU FIND YOURSELF IN, BUT I CANNOT ALLOW THE OCCUPANCY OF A STRUCTURE THAT POSES A RISK OR A HAZARD TO THE OCCUPANTS OF THAT STRUCTURE. AND QUITE FRANKLY, THERE'S STILL ISSUES WITH YOUR STRUCTURE THERE, YOUR, YOUR MOBILE HOME. AND I UNDERSTAND THE DIFFICULTY IN, IN GETTING THE ORIGINAL SPECIFICATIONS AND THOSE KINDS OF THINGS. BUT AGAIN, I HAVE A RESPONSIBILITY TO THE PEOPLE THAT THAT MIGHT BE IN THAT THING. AND I'M IN THERE, SIR. I REALIZE THAT. AND I'VE GOT A RESPONSIBILITY TO YOU AND YOUR GRANDCHILD, HOUSE'S DAUGHTER AND ALL OF THAT. AND, YOU KNOW, IF THERE IS SOMETHING, THERE ARE ISSUES THAT CREATE A FIRE HAZARD. SO IT'S NO FIRE HAZARD, SIR. WELL, YOU KNOW, I'M NOT GOING TO ARGUE WITH YOU ABOUT IT, BUT I'M SAYING IS IF THE FIRE DEPARTMENT HAS TO RESPOND TO THAT BECAUSE I HAVE ALLOWED THIS TO CONTINUE, THEN I'M FEEL LIKE I'M RESPONSIBLE TO SOME DEGREE ON BOTTOM LINE, SIR. THE BOTTOM LINE IS THAT I'M GOING TO FIND YOU IN NONCOMPLIANCE AT THE PRESENT TIME. OKAY. WITH THE ORDER PREVIOUSLY ENTERED IN THIS MATTER. THAT THE HOW LONG DOES IT TAKE Y'ALL TO DO THE PRE INSPECTION AND ALL THAT. THE PRE BID AND OR THE BID AND ALL THAT. SO WHAT WHAT YOU'RE SAYING MY HOUSE IS GOING TO BE DEMOLISHED. HOLD ON. NO HOLD ON HOLD ON. HOLD ON. BEFORE OUR NEXT CONVERSATION. SO I JUST WANT TO [00:15:11] GO FILLED UP. YES, SIR. OKAY. ALL RIGHT. I DON'T BELIEVE. MAYFIELD IS GOING TO GET IN THERE. YES. WELL. THE PRE BID FOR MAY IS. PRETTY WELL. I MEAN, THERE'S A AN APPELLATE TIME I THINK THAT WE'VE GOT TO GIVE HIM. SO. WE WOULD LOOK EITHER MAY 20TH 1ST OR MAY 28TH WOULD BE NEXT. OKAY. ALL RIGHT. ALL RIGHT. I'M GOING TO FIND THAT THE PREMISES ARE NOT IN COMPLIANCE WITH THE PREVIOUS ORDER ENTERED, THAT YOU SHALL HAVE A PERIOD OF 30 DAYS. AND AFTER 30 DAYS, IF THE CONDITIONS STILL EXIST, THE COUNTY SHALL BE AUTHORIZED TO ENTER UPON THE PREMISES AND CORRECT THE VIOLATIONS THAT THEY THEN FIND TO EXIST, TO INCLUDE THE DEMOLITION OF THE HOME. DEMOLITION? MY HOUSE? YES, SIR. COME ON MAN. HOW YOU. I MEAN, THIS IS CRAZY, MAN. YOU GOING TO DEMOLITION MY HOUSE AND THROW ME AND MY DAUGHTER AND MY GRANDSON OUT ON THE STREETS BECAUSE OF WHAT MR. THORPE SAID. THERE'S NOTHING WRONG WITH MY HOUSE. I'VE BEEN LIVING IN THAT HOUSE FOR EIGHT YEARS. MY HOUSE IS IMMACULATE ON THE INSIDE. I SPENT A LOT OF MONEY IN THAT HOUSE. I MEAN, COME ON, MAN, THIS IS CRAZY. THIS IS CRAZY. MR. MARLOW, I UNDERSTAND YOUR. I UNDERSTAND YOUR FRUSTRATION. THIS IS CRAZY, SIR. YOU JUST THROWING ME OUT ON THE STREETS? YOU TELLING ME I'M A DEMOLITION IN MY HOUSE AND THROW ME OUT ON THE STREETS? I'VE BEEN THERE. HEY, WHAT? YOU WANT ME TO DO? WHAT? YOU WANT US TO GO SLEEP UNDER A BRIDGE? THIS IS. THIS IS NOT FAIR. THIS. THIS HAPPENED. THIS COMPLAINT. DO NOT INTERRUPT ANYBODY WHO IS SPEAKING AGAINST MOVING AND I. IT'S CRAZY MAN. JUST MY OLD MAN TOLD ME TO STOP TALKING. I HAVE BEEN RESIDING THERE. I WAS OUT OF TOWN WORKING, I WASN'T RENTING, I WAS LETTING SOMEBODY STAY THERE. WHO TRASHED MY HOUSE, WHO GOT MY HOUSE IN THAT CONDITION. I SENT YOU PICTURES OF EVERYTHING I FIXED WHEN THEY WAS IN THE HOUSE. WHEN Y'ALL. THIS HAPPENED IN 2023. I DIDN'T HEAR NOTHING ELSE FROM YOU GUYS UNTIL THE 25TH. THE 10TH OF FEBRUARY, 2025. I THOUGHT THIS CASE WAS OVER WITH. I HAD NO I HEARD NOTHING FROM YOU. NO LETTERS, NO NOTHING SINCE 23RD NOVEMBER 23RD. THIS IS NOT FAIR, MAN. Y'ALL JUST TAKE A PERSON'S HOUSE FOR NOTHING. AIN'T NOTHING. JUS. YOU GOT TO SIGN THE SUN BUCKLE. THAT SIGN OUT. I GOT BRAND NEW SIGN. I'M REPLACING ALL MY SIGNS. I'M DOING THE BEST I CAN WITH WHAT I GOT TO WORK WITH, SIR. THE. AFTER A PERIOD OF 30 DAYS. IF THE CONDITION STILL EXIST, THE COUNTY SHALL BE AUTHORIZED TO ENTER UPON THE PREMISES AND ABATE THE VIOLATIONS THAT THEY THEN FIND TO EXIST THEREON. THAT SHALL INCLUDE THE DEMOLITION OF THE PROPERTY OF RESIDENTS, AS WELL AS THE ANY OTHER UNSAFE OR. ATTRACTIVE NUISANCES THAT THEY FIND TO EXIST IN THEIR ENTITLED TO REMOVE ANY TREES, TELEPHONE POLES, POWER POLES, ETC, WHICH MAY POSE A DANGER TO THE ABATEMENT PROCESS. ALL COSTS RELATED TO THE ABATEMENT PROCESS SHALL BECOME A LIEN UPON THE WELL. IT WON'T BE A LIEN ON THE ON THE DIRT BECAUSE HE RENTS THE DIRT, BUT ANY REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT HERE IN BAY COUNTY. Y'ALL. Y'ALL SLEEP AT NIGHT, MAN. ANYTHING ELSE OTHER THAN THAT? THAT SO AUTHORIZES US TO. AND IS AUTHORIZED TO PROCEED WITH ANY PRE-BID INSPECTIONS THAT MAY BE NECESSARY TO INCLUDE ASBESTOS INSPECTIONS OR THE PRE-BID PROCESS TO GIVE THE CONTRACTORS THE RIGHT TO ENTER UPON THE PREMISES AND DETERMINE THE OR MAKE A BID ON THE ON THE WORK AND ELSE. DO I GET AN APPEAL. THIS DO I GET TO APPEAL THE SENTENCE? IT'S JUST FINAL. YOU CAN APPEAL. YEAH THERE IS A WAY AND BUT YOU KNOW I CAN'T GIVE YOU ADVICE ON HOW TO DO IT. YOU HAVE TO. HOW LONG DO I HAVE TO APPEAL THIS DECISION? 30 DAYS. 30 DAYS, MAN. HOW DO I FIGURE IT OUT? OKAY. ALL RIGHT. THANK YOU. ALL RIGHT. THAT WILL BRING US TO [00:20:08] ITEM C. 7127 BRANDYWINE. PROPERTY ADDRESS IS 7127 BRANDYWINE DRIVE. AND. AND 33 AND. INVESTIGATOR ROBERT CLARKSON. IN ALL THE INSPECTIONS. GOOD MORNING, MAGISTRATE ROBERT CLARKSON, BAY COUNTY CODE ENFORCEMENT. I'VE SUBMITTED MY REPORT AND PICTURES AND AFFIDAVIT FOR THIS CASE. AS MANAGER STATED, THIS IS A HEARING FOR COMPLIANCE AND IMPOSED FINES. SLIDE TWO IS JUST A SLIDE TO GIVE YOU A VISUAL ON WHERE THIS IS AREA THERE OFF OF WILDWOOD NEIGHBORHOOD ON THE LEFT THE BRANDYWINE, JUST DOWN TO THE SOUTH IS OBVIOUSLY THE OLD KMART AND THAT STUFF. THIS CASE DID GO BEFORE THE CODE BOARD ON APRIL THE 4TH, 2004, AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE SECTION 17, TWO PROHIBITIONS IN THE FORM OF BLIGHTED PROPERTY. THE RESPONDENT DID APPEAR. PHOTOGRAPHS ARE INTRODUCED INTO EVIDENCE AS EXHIBIT A HEREIN. PHOTO FOUR WAS ONE OF MY INSPECTIONS ON MAY 6TH OF 2004. THIS WAS PRESENTED TO THE BOARD. THIS IS THE CORRECT PARDON. 20 2424 SORRY. SLIDE FIVE HERE. THIS IS THE RESPONDENT'S PROPERTY. SINGLE FAMILY HOME THAT HAD DAMAGE TO THE ROOF FROM THE STORMS. AND HE HAD TARPING WAS ON THE ROOF. THIS WAS A COMPLAINT FROM THE NEIGHBORHOOD. YOU KNOW, UNFORTUNATELY THE PROPERTY OWNER WAS VERY HELPFUL AND HE WAS IN FINANCIAL DISTRESS AND WAS NOT ABLE TO REPLACE HIS ROOF. THE ONLY THING HE WAS ABLE TO IS, IS KEEP APPLYING TARPS. THE BOARD DID ORDER THE DEFENDANT OR THE RESPONDENT TO HAVE 30 DAYS TO COMPLY WITH THE ORDER, OR FINE OF $200 TO BE IMPOSED AND A DAILY FINE OF $25 CONTINUING FOR EACH DAY UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE. SUCH FINE SHALL CONSTITUTE A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATION EXISTED, AND UPON ANY OTHER REAL PROPERTY OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. A COPY OF THE ORDER IS INTRODUCED INTO EVIDENCE. EXHIBIT B. ON APRIL THE 4TH, 2024. THE RESPONDENT DID SUBMIT AN APPLICATION FOR A ROOF PERMIT. HOWEVER, HE DID NOT EVER COMPLETE THE PERMIT AND THAT PERMIT WAS NEVER ISSUED AND ABANDONED. ON JUNE 6TH, PROPERTY WAS REINSPECTED AND WAS STILL FOUND IN COMPLIANCE OR NONCOMPLIANCE. AERIAL PHOTO SEVEN. THIS CASE DID GO BACK IN FRONT OF THE BOARD AGAIN, AND THE RESPONDENT WAS FOUND THAT HE FAILED TO COMPLY WITH THE FIRST ORDER DATED APRIL THE 4TH, 2024. THE BOARD DID IMPOSE AN INITIAL FINE OF $200 AND AUTHORIZE A DAILY FINE OF $25, STATING FROM. STARTING FROM MAY 6TH, 2024. PLUS, STATUTORY INTEREST CONTINUES TO OCCUR UNTIL THE VIOLATIONS WERE CORRECTED AND ORDER IS SUBMITTED INTO THIS CASE AS EXHIBIT C, THE PROPERTY REMAINED IN VIOLATION. THIS IS AUGUST INSPECTION. SLIDE 9TH OCTOBER. SLIDE TEN. HE'S REPLACED THE ROOFS IN OCTOBER OR THE TARPS. I'M SORRY. I DID A RE-INSPECTION ON THE 30TH AND FOUND THE ROOF WAS IN COMPLIANCE. I LEARNED THAT ON DECEMBER THE 18TH A ROOF PERMIT WAS ISSUED, THE WORK WAS COMPLETED, AND THE PROPERTY WAS FOUND IN COMPLIANCE. ON DECEMBER 30TH OF 2024, EXHIBIT 13. BASED ON THIS, HE WAS SENT NOTIFICATION FOR THIS HEARINGS. TODAY. THE PROPERTY WAS POSTED AND HE IS HERE TODAY. WE ARE ASKING TO ASSESS THE DAILY FINE. BUT AS I STATED, YOU KNOW, MR. BUCKLEY DID EVERYTHING IN HIS POWER TO TRY TO BRING THIS INTO COMPLIANCE AND WAS JUST UNABLE TO DO SO UNTIL NOW. AND HE IS HERE TO SPEAK TODAY. BUCKLEY I'M SORRY, I WAS JUST GOING TO SAY AND POINT OUT TO THE PERMIT FOR THE ROOF WAS ISSUED ON DECEMBER 18TH, 2024, AND JUST. FOR THAT. YEAH. THANK YOU. ALL RIGHT, COME ON UP, MR. BUCKLEY. CAN YOU GIVE US YOUR NAME AND A GOOD MAILING [00:25:03] ADDRESS? MY NAME IS TIMOTHY JAMES BUCKLEY. MY MAILING ADDRESS IS 31, I MEAN, 21, 72 BRANDYWINE. I'M WRONG, SIR, I'M 71, 27. THAT'S IT. YES. YES, SIR. I'M SORRY. I'M NERVOUS AS COULD BE. NO PROBLEM. WHAT DO YOU WANT US TO KNOW? WELL, I WHEN I CAME TO THE FIRST HEARING, I HAD TOLD THEM I WAS WAITING FOR SOCIAL SECURITY. I HAD A CASE AGAINST THEM. AND OF COURSE, IT JUST. I PLEASE DON'T TAKE THIS WRONG, BUT THE FEDERAL GOVERNMENT KIND OF WORKS IN A DIFFERENT WAY. NO. SO IT IT'S TAKEN FOREVER. BUT ONCE I FINALLY I FINALLY WON THE CASE IN OCTOBER, NOVEMBER, I RECEIVED THE FUNDS. IN DECEMBER, I HAD THE HOUSE DONE. SO I WOULD HOPE THAT. YOU MIGHT NOT FIND ME. WELL. THE. AT THE PRESENT TIME IT LOOKS LIKE THE TOTAL FINE IS $5,975, WHICH IS AN AWFUL LOT OF MONEY. YES, SIR. I'M GOING TO REDUCE THE FINE TO $1,000. IT'S BETTER THAN WHAT IT WAS. YES, SIR. YEAH, YEAH. YOU KNOW, IT'S I IT'S ANY INPUT FROM CODE ENFORCEMENT? I MEAN YES, I ACTUALLY HAVE A QUESTION. SO WE IMPOSED THE INITIAL FINE OF $200 ON JUNE 6TH, 2024. THAT STILL STANDS. THAT WOULD BE PART OF THE THOUSAND. THAT'S PART OF THE THOUSAND. OKAY. THAT WOULD BE MY INTENTION. I MEAN, ANY FURTHER THING FROM THE CODE ENFORCEMENT, I MEAN, Y'ALL. SO IN REALITY, YOU'RE REDUCING IT FROM 5009 75 TO $800, $200. YEAH, YEAH, YEAH. AND THE INTEREST, BECAUSE IT STARTED ONCE THE $200, I THINK I CAN WAIVE THE INTEREST. THAT'S THE THAT'S SOMETHING THAT'S. WE HAVE ANY IDEA HOW MUCH THE INTEREST IS. THAT'D TAKE ME A MINUTE. ALL RIGHT. I'M GOING TO I'M GOING TO REDUCE THE FINE TO A TOTAL OF $500, WHICH SHALL INCLUDE INTEREST ACCRUED TO DATE AND WHICH. OKAY. IF IT TURNS OUT I DON'T KNOW, I. WHEN DID THE CLOCK START TICKING ON THE INTEREST? ON JUNE 26TH OF 2024. PROBABLY CAN'T BE A WHOLE LOT. THAT DOESN'T COVER THE ACCRUED INTEREST AND THE $200 INITIAL FINE. LET ME KNOW HOW THAT. YOU KNOW THAT THE INTEREST IS GOING TO BE GOING. I WELL, I DON'T THINK THAT IT COULD HAVE $300 WOULD IT THAT QUICKLY. ALL RIGHT. $500 TOTAL. OKAY. SO. YES, SIR. NOW WHEN DO I HAVE TO HAVE THAT PAID? THE QUICKER THE BETTER BECAUSE THE INTEREST. WELL CLOCK IS RUNNING. I WON'T RECEIVE MY NEXT CHECK UNTIL TOMORROW, SO I CAN PROBABLY DO THAT FRIDAY. I DON'T THINK TOMORROW IS OR OR FRIDAY IS OUTRAGEOUS. SO THANK YOU. GOOD LUCK WITH IT. THANK YOU SIR. ALL RIGHT. AND. THAT'S THE. OKAY. I CAN I'M NOT SURE I'M NOT I'M NOT GOOD. YEAH I'M NOT GOOD THAT WAY. OKAY. WHAT'S A GOOD TELEPHONE NUMBER I COULD CALL YOU. IT'S. (850) 238-5710. OKAY. CHAOS. I HAVE THAT CALCULATED. I'LL CALL YOU. OKAY. THANK YOU. GOOD LUCK WITH IT. THANK YOU, THANK YOU. CARE, MAN. OKAY, SO I THINK THAT'S ALL. ANY QUESTIONS? OKAY. ITEM A ON THE AGENDA IS A [00:30:05] CLIENT. FOR 22 ROGERS DRIVE. SO REPORT FOR THIS BECAUSE THEY DID BY WITH YOUR ORDER IN THE TIME FRAMES. REMINDER THIS IS WHAT THE PROPERTY LOOKED LIKE. AND. ARE IN COMPLIANCE. SO WE WOULD ASK THAT YOU FIND THAT THIS PROPERTY IS IN COMPLIANCE WITH YOUR FIRST ORDER OKAY. BASED ON THE TESTIMONY THAT I'VE HEARD AND THE PHOTOGRAPHS THAT I'VE SEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 6422 ROGERS DRIVE IN YOUNGSTOWN, HAS BEEN BROUGHT INTO COMPLIANCE. AND THAT PURSUANT TO THAT, NO FURTHER PROCEEDINGS ARE NECESSARY. LAST ON THE AGENDA IS ITEM D, PROPERTY ADDRESS IS 3814 EAST THIRD STREET. THIS IS A FINAL HEARING TO IMPOSE A LIEN FOR COST OF ABATEMENT AND FINES FOR NONCOMPLIANCE. COMPLIANCE HEARING WAS HEARD BY THE SPECIAL MAGISTRATE ON NOVEMBER 20TH, 2024, AND THE MAGISTRATE FOUND THAT THE TO COMPLY WITH THE FIRST HEARING HELD ON OCTOBER 16TH, 2024. THE RESPONDENT DID NOT APPEAR AT THE HEARING. THE MAGISTRATE ORDERED THE RESPONDENT TO PAY $1,550 IN FINES, PLUS STATUTORY INTEREST FOR NONCOMPLIANCE. THE MAGISTRATE DIRECTED STAFF TO ABATE THE NUISANCE AND ALL INCIDENTAL COSTS OF ENFORCEMENT TO CONSTITUTE A LIEN AGAINST THE REAL PROPERTY. ONCE THE VIOLATION EXISTS, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. THESE ARE PHOTOS THAT WERE SHOWN TO YOU AT THAT NOVEMBER 20TH HEARING. ON NOVEMBER 20TH, 2024, A NOTICE OF INTENT WAS SENT CERTIFIED REGULAR MAIL TO THE PROPERTY OWNER, STATING WORK WOULD BEGIN ON OR AFTER FEBRUARY 3RD, 2025. ON FEBRUARY 26TH, 2025, THAT NOTICE OF INTENT WAS POSTED ON THE PROPERTY FOLLOWING A PRE-BID INSPECTION. SLIDE NUMBER EIGHT. MORE TRASH AND JUNK SHOWED UP. SOME OF THE OVERGROWTH HAD BEEN REMOVED, BUT WE JUST HAD A LOT OF TRASH AND JUNK MATTRESSES. SO THEY CUT THE OVERGROWTH. THEY LEFT THE DEBRIS. THAT'S MORE APPLIANCES IN THE BACKYARD. PROPERTY WAS CLEANED BY A COMPANY CONTRACTED BY THE COUNTY AT A COST OF $1,249 AND UPON INSPECTION ON MARCH 14TH, 2025, WAS FOUND TO BE IN COMPLIANCE. STARTING WITH PHOTO NUMBER 16. THIS IS THE FRONT. SIDE. PHOTO 19. ON MARCH 19TH, 2025, A NOTICE OF. FINAL HEARING WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER. BOTH NOTICES WERE RETURNED UNCLAIMED WITH NO FORWARDING ADDRESS. THE COPY OF THE NOTICE WAS POSTED ON THE PROPERTY ON APRIL 7TH, AND AT THE BAY COUNTY GOVERNMENT CENTER ON APRIL 8TH. AND THAT CONCLUDES MY TESTIMONY. OKAY, NOW, THERE WAS A AN INITIAL. FINE OF 1550 IN FINES. HAS THAT BEEN ADDRESSED, OR IS THERE AN ORDER OUTSTANDING ON THAT? IT'S IT IT WAS IMPOSED AT THE NOVEMBER 20T, 24 HEARING ORDERED. OKAY. SO WE DON'T HAVE TO WORRY ABOUT IT. THAT'S WHAT I WAS GETTING AT. OKAY. ALL RIGHT. OKAY. ALL RIGHT. ALL RIGHT. BASED ON THE TESTIMONY I'VE HEARD AND THE EVIDENCE I'VE SEEN INTRODUCED INTO EVIDENCE IN THE FORM OF PHOTOGRAPHS, YOU'RE GOING TO FIND THAT THE RESPONDENT SHOULD BE ORDERED TO PAY THE COST OF ABATING THE NUISANCE, ALONG WITH THE INCIDENTAL COST OF ENFORCEMENT IN THE AMOUNT OF $1,249, WHICH SHALL DRAW THE DRAW INTEREST AT THE STATUTORY RATE FROM THE DATE OF RECORDING. UPON THE RECORDING OF THIS ORDER IN THE RECORDS OF BAY COUNTY, THE COST LEVIED AGAINST THE [00:35:04] RESPONDENT WILL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS OCCURRED, AND ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. THE COUNTY COMMISSION IS ENTITLED TO HAVE THESE COSTS ASSESSED BY VIRTUE OF FORM ASSESSMENT. COLLECTION ACT IN CHAPTER 21 OF THE BAY COUNTY CODE. ANYTHING ELSE? THAT'S IT. * This transcript was compiled from uncorrected Closed Captioning.