[Code Magistrate Hearing on June 11, 2025.]
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OKAY. WE'RE LIVE. CALL THIS MEETING TO ORDER. I HAVE REVIEWED THE DOCKET. I DO NOT SEE ANY CASES ON THE DOCKET THAT WOULD. THAT WOULD REQUIRE A RECUSAL. I'VE NOT HAD ANY EX PARTE COMMUNICATIONS REGARDING ANY OF THE CASES. AND IF YOU ANTICIPATE GIVING TESTIMONY, I'D ASK THAT YOU STAND AND RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR AND AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE? IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? BATSMAN. OKAY, WE HAVE ITEM C, D AND E HERE. PRESENT. SO WE'LL START WITH ITEM C WHICH IS UPPER ADDRESS IS 213 EL RAPOSO PLACE. THIS IS SLIDE NUMBER TWO IS FOR LOCATION PURPOSES ONLY. THE PROPERTY IS LOCATED IN UNINCORPORATED AREA AREA OF BAY COUNTY, COMMONLY KNOWN AS LAGUNA BEACH. THE PROPERTY IS HIGHLIGHTED IN BLUE TO. THIS IS FRONT BEACH ROAD TO THE SOUTH AND NEAR THOMAS THOMAS DONUTS HERE. THE BOTTOM. AND THIS IS JUST A CLOSER UP AERIAL VIEW OF THE PROPERTY. THE PROPERTY LINES ARE NOT AT ACCURATE IN THE. ON FEBRUARY 5TH OF THIS YEAR, INVESTIGATOR JOE TRIPP OBSERVED THIS PROPERTY AND HE IS HERE NOW TO TESTIFY. MR. TRIPP, CAN YOU STATE YOUR FULL NAME FOR US JUST TO GET YOUR TRIPP BAY COUNTY CODE ENFORCEMENT? I'VE SUBMITTED MY INVESTIGATIVE REPORT FOR THE RECORD. NOTICES ARE INDICATED IN THE REPORT. PHOTOS ARE ATTACHED AS EXHIBIT A. THIS WAS THE INITIAL SITE INSPECTION WHICH I CONDUCTED ON FEBRUARY 5TH. VISIBLE FROM THE STREET WAS TRASH. JUNK ON SCREEN PERSONAL PROPERTY, SPECIFICALLY IN THE DRIVEWAY AND IN THE BACKYARD. THERE WAS A BROKEN FENCE, WHICH MADE IT OBVIOUS FROM THE STREET. THE FOLLOWING DAY, I SENT A POSTCARD TO THE PROPERTY OWNER DESCRIBING THE ACTIONS NEEDED TO BRING IT INTO COMPLIANCE. FEBRUARY 26TH, I INSPECTED THE PROPERTY. IT REMAINED IN VIOLATION. EVERYTHING WAS IN THE DRIVEWAY, STILL IN THE BACKYARD WAS STILL VISIBLE FROM THE STREET WITH THE FENCE EXPOSED, APPLIANCES HAD SOME JUNK, TRASH, JUNK. IT WAS HARD TO TELL WHAT IT WAS. A LITTLE BIT OF EVERYTHING. HERE'S JUST A VIEW FROM THE STREET AGAIN ON THAT SAME DATE. HE HAS SOME CAR PARTS AND SOME OTHER PERSONAL, UNSCREENED PERSONAL PROPERTY. IN THE DRIVEWAY. THERE WAS ONE DERELICT VEHICLE WHICH I BELIEVE WAS GETTING THE ENGINE REPAIRED, BUT IT'S BEEN THAT WAY FOR QUITE SOME TIME. BUT THERE WAS ONE ALLOWABLE DERELICT VEHICLE IN THE DRIVEWAY. MARCH 12TH. I INSPECTED THE PROPERTY, REMAINED IN VIOLATION. THEY DID CLEAN UP THE DRIVEWAY A LITTLE BIT IN THIS PHOTO, BUT THE REMAINDER OF THE STUFF IN THE YARD WAS STILL OBVIOUS FROM THE STREET. ALL RIGHT. APRIL 1ST I RE-INSPECTED IT STILL REMAINED A VIOLATION. PERSONAL ON SCREEN. PERSONAL PROPERTY, TRASH AND JUNK. SOME CAR PARTS AND SOME VISIBLE STUFF IN THE DRIVEWAY. APRIL 2ND, THE FOLLOWING. WELL, HERE'S A CLOSE UP OF THE BACKYARD ON THAT SAME DAY. AND SOME STUFF ALONGSIDE THE FOLLOWING DAY. I SENT A NOTICE OF VIOLATION VIA CERTIFIED MAIL TO THE PROPERTY OWNER. ADDRESS ON RECORD. AT 213 RAPOSO. NO SERVICE WAS RETURNED ON EITHER OF THE NOTICES, REGULAR OR CERTIFIED. APRIL 22ND. I INSPECTED THE PROPERTY, STILL REMAINED A VIOLATION. TRASH. JUNK. UNSCREENED.
PERSONAL PROPERTY IN THE DRIVEWAY AND REAR YARD. THERE'S ANOTHER CLOSE UP ZOOMED IN OF THE MOSTLY THE BACKYARD AND SOME OF THE DRIVEWAY. ALL RIGHT. APRIL 23RD I SENT A NOTICE OF HEARING NOTICE OF VIOLATION VIA CERTIFIED MAIL AND REGULAR MAIL TO THE OWNER ON RECORD USING THE ADDRESS OF 213 EL REPOSO. THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED. NO RETURN SERVICE WAS SENT FOR THE REGULAR MAIL COPY. MAY 14TH THE PROPERTY. OH, I DID RECEIVE AN ADDITIONAL COMPLAINT BY EMAIL FROM ONE OF THE CONCERNED NEIGHBORS ABOUT THE ONGOING VIOLATIONS. I EXPLAINED TO THEM IT WAS ON FOR HEARING FOR TODAY'S DATE MAY 14TH, I RE-INSPECTED THE PROPERTY ALSO
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POSTED A NOTICE OF HEARING. THE VIOLATIONS REMAINED IN THE YARD. COPY WAS POSTED AT THE BAY COUNTY CENTER ON MAY 29TH. ALL VIOLATIONS STILL REMAINED. JUNE 9TH. THIS PAST MONDAY, I INSPECTED THE PROPERTY. THIS WAS VISIBLE FROM THE STREET, WHICH WOULD BE THE NORTH SIDE. THE PROPERTY ADJACENT TO THE NEIGHBOR'S YARD. PART. THE FENCE WAS PARTIALLY REPAIRED, BUT IT WAS STILL OPENED, EXPOSING THE TRASH AND JUNK IN THE REAR YARD. SOME OF THE DRIVEWAY HAD BEEN CLEANED UP A LITTLE BIT. AS YOU CAN SEE, THE DRIVEWAY WAS STRAIGHTENED OUT, BUT THE REAR YARD WAS STILL VISIBLE BY AN OPEN GATE, WHICH EXPOSED TRASH AND JUNK IN THE REAR YARD. LET'S GO BACK TO THIS ONE PHOTO. THIS ONE, NUMBER 31. SO THIS IS THIS IS TO THE NORTH SIDE OF THE PROPERTY ADJACENT TO THE NEIGHBOR. OKAY. VISIBLE FROM THE STREET, VISIBLE TO THE NEIGHBOR AS WELL. YES. CORRECT. ANY COMMUNICATION WITH I'VE HAD NO COMMUNICATION WHATSOEVER. I UNDERSTAND THE GENTLEMAN IS HERE AND THIS IS ALSO ON FOR A COMPLIANCE HEARING. JULY 16TH AT 1 P.M. ANYTHING FURTHER AT THIS TIME? OKAY. ALL RIGHT. SOMEONE HERE ON BEHALF OF. THE COLLINS I'M HERE, I'M KEITH DAVIDSON. WILLIAM DAVIDSON. TELL US YOUR NAME. GIVE US A GOOD MAILING ADDRESS AND TELL US HOW YOU ARE RELATED TO THE PROPERTY, SO TO SPEAK. I'M WILLIAM DAVIDSON, I'M MARRIED TO MARTHA JANE COLLINS. SHE'S UNABLE TO ATTEND TODAY. SHE HAS PARKINSON'S AND OTHER DEMENTIA RELATED ISSUES. SHE'S UNABLE TO ATTEND DURING THE. IF I CAN GO AHEAD. I'M SORRY. GO AHEAD. I LIVE ON THE CURRENT PROPERTY. DURING THE PERIOD OF TIME THAT I GUESS WE RECEIVED, I GUESS WE RECEIVED A MAILER. AT THAT TIME, I DID NOT RECEIVE IT PERSONALLY AT THAT TIME, AND I CAN'T REALLY ATTEST TO MY WIFE'S SEEING A PARTICULAR NOTICE. BUT DURING THAT PERIOD OF TIME WE HAD GONE, WE WERE IN TALLAHASSEE FOR SOME. TESTING ON HER, HER SICKNESS, AND DURING THAT TIME I. DID NOT RECEIVE THE WHAT WHAT I THOUGHT WAS PARTICULARLY NOTICE OR THE. ACTUALLY I AM, I AM I BEYOND DO YOU WANT ME TO GO AHEAD AND TESTIFY NOW OR. ALL RIGHT, BECAUSE I WANTED TO CROSS-EXAMINE HIM AT SOME. OKAY. IF YOU WANT TO ASK HIM SOME QUESTIONS, GO AHEAD AND ASK HIM SOME QUESTIONS. OKAY. SO WE'RE CROSS-EXAMINING FIRST. ALL RIGHT. SO THIS THIS PICTURE HERE THAT THAT'S THE NEIGHBOR'S PROPERTY, ISN'T IT? IT'S YOUR PROPERTY ADJACENT TO THE NEIGHBOR'S. BUT YOU'RE TAKING IT FROM THE FROM THE END OF YOUR DRIVEWAY. THAT WAS PHOTO WAS TAKEN FROM THE STREET. OKAY. AND SO WHAT DO YOU SEE THERE? TRASH AND JUNK ON SCREEN PERSONAL PROPERTY. SO IT HAS TO BE SCREENED FROM THEIR THEIR VIEW. YEAH. YES, YES. OKAY. ALL RIGHT I CAN'T REALLY I DON'T SEE WHERE IT HAS TO BE SCREENED FROM THE, FROM THE NEIGHBOR'S VIEW. CAN YOU TELL ME WHAT PART OF THE CODE IF THEY CAN SEE IT FROM THEIR YARD, IT'S IN VIOLATION.WELL, IF THEY CAN, THEY CAN SEE IT THROUGHOUT MY BACKYARD. CORRECT. IT'S NOT VIOLATION IF IT'S IN THEIR YARD. IF IT'S MY YARD, YES IT IS. IT'S VISIBLE FROM THE NEIGHBORS AND IT'S VISIBLE FROM THE STREET. WHAT THEN? WHY DO WE EVEN HAVE A SCREAMING SCREENING? BUT, SIR, IF YOU WANT TO ASK HIM A QUESTION, ASK HIM A QUESTION. IT'S NOT FOR ARGUMENT. SO. OUR FENCE IS UNAVAILABLE. YOU CAN'T HAVE A FENCE. IT'S GOT TO BE PROPERLY SCREENED. AND YOU CAN'T HAVE TRASH AND JUNK YARD VISIBLE FROM THE STREET, THE RIGHT OF WAY OR YOUR NEIGHBOR'S PROPERTY.
LET'S TALK ABOUT THE VISIBLE FROM THE STREET. HAVE YOU RIDDEN PAST THAT PROPERTY NUMEROUS TIMES? YES. YOU'VE HAD THE NEIGHBOR CALL YOU NUMEROUS TIMES, HAVE YOU? SOMEBODY FROM A FEW BLOCKS AWAY ACTUALLY SENT US AN EMAIL AND CALLED ME A FEW BLOCKS AWAY. YEAH. AND NOBODY CALLED YOU FROM ACROSS THE STREET. I'M NOT SURE WHERE WHERE SOME OF THE CALLS WERE FROM.
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OKAY. SO. WHEN YOU'VE RIDDEN PAST THE PROPERTY, I GUESS NUMEROUS TIMES, YOU'VE RIDDEN PAST IT, YOU'VE SEEN IT, YOU'VE SEEN THE FENCE UP THERE MANY TIMES, HAVEN'T YOU? I SAW THE FENCE DOWN ON THE GROUND WITH VISIBLE JUNK AND TRASH FROM THE STREET. I'VE NEVER SEEN THE FENCE AT BEING ERECTED AND UP ON ON. THE PHOTOGRAPHS SPEAK FOR THEMSELVES. I UNDERSTAND, BUT THAT'S THE ONLY ONE HE CAN TALK ABOUT. HIS HIS RELATIONSHIP TO THE PROPERTY SINCE THAT TIME.SIR, SIR, I'LL DETERMINE WHAT IS TALKED ABOUT, OKAY? JUST. I JUST ASK HIM THE QUESTIONS. YES. HAVE YOU BEEN PAST THE PROPERTY AT OTHER TIMES? WHERE? WHERE THERE WERE FENCES, WHERE THE FENCE WAS INTACT, PARTIALLY. PARTIALLY. SOME OF IT WAS LAYING DOWN, SOME WAS UP. IT WASN'T FULLY ERECTED.
OKAY. DO YOU THINK I PERSONALLY DESTROYED THE FENCE? I DON'T KNOW, I CAN'T I CAN'T TESTIFY TO THAT. SO HAVE YOU BEEN PAST SOME OF THE OTHER AREAS IN THE NEIGHBORHOOD AND SEEN THE WIND DAMAGE AND SO FORTH. THAT'S DOWN. THAT'S NOT RELEVANT. OTHER OTHER PROPERTIES? NOT HE CAN EXPLAIN, SIR. YES, YOUR HONOR. HE CAN EXPLAIN WHAT ABUSE HE'S HAD OF THE PROPERTY AND SO FORTH. I'M TALKING ABOUT YOUR PROPERTY. WE'RE NOT TALKING ABOUT THE NEIGHBORS. WELL, THAT'S THE REST OF IT. YOUR HONOR, THIS IS SELECTIVE PROSECUTION ON THIS MAN'S PART.
AND, YOU KNOW, I HAVE IT SCREENED. AND THEN I HAD IT SCREENED ALL THE TIME. EXCEPT I HAD TO LEAVE IT TILL THIS HEARING CAME UP. BECAUSE IF AS HE AS YOU CAN TELL, IT'S SCREENED RIGHT NOW. YEAH. SORRY. THE GATE'S NOT CLOSED. I CAN CLOSE THE GATE, BUT UNFORTUNATELY, WHEN I CLOSE THE GATE, I WIND BLOWS BACK IN AND I WIND UP WITH A OPEN GATE THERE.
BUT. I HAD NO IDEA THAT HE WAS GOING TO GO AROUND THE SIDE OF THE PROPERTY TO VIEW THAT. AND I AND I'VE COMPLETELY, FROM MY STANDPOINT, DISAGREE THAT THAT THAT HAS ANY ANY YOU CAN'T JUST SAY I CAN SEE FROM THE PROPERTY ANYWHERE ON THE PROPERTY BECAUSE YOU, YOU, YOU CAN'T JUST ABSOLUTELY GO IN AND VIEW BEHIND THERE. IF YOU SCREENED IT, SCREENED AND COMPLAINING ABOUT IT FROM THEIR STANDPOINT, IF THEY GO AROUND THE SIDE, SIDE OF THE YARD, THAT'S IMPROPER, THAT THAT'S IMPROPER. AND IT'S VIOLATES MY PRIVACY RIGHTS AND. I JUST IF I NEED TO MOVE THAT STUFF OFF, OFF TO THE SIDE WHERE IT WAS OVER THERE, I DO. BUT, YOU KNOW, I HAD TO. I DIDN'T GET MY NOTICE FOR TO START, START WITH BECAUSE WE WOULD HAVE CLEANED MORE UP. I DIDN'T GET HIM THOSE. AND THEN THE FIRST THING I GOT WAS A CITATION. SO WHEN I GOT A CITATION, I CAME CAME HERE AND DO THIS. I'M HERE DOING THE CITATION. AND ALL OF A SUDDEN, YOU KNOW, I DON'T KNOW.
WHY WE WHY WHY WE DIDN'T GET NOTICES. I HAVE NO ABSOLUTE REASON FOR TO UNDERSTAND OTHER THAN IT DIDN'T WE DIDN'T RECEIVE IT, BUT I COME I I'M HERE AND IF I HAVE TO MOVE THE STUFF TO THE SIDE, I WILL. BUT I'M. I ALSO HAVE TO MOVE SOME OF THAT. TRUCK IS DOWN AND I'M UNABLE TO MOVE IT RIGHT NOW. BUT I'VE GOT IF I HAVE TO GO BORROW A TRUCK WITH SOMEBODY ELSE, I'LL DO IT. BUT I JUST ABSOLUTELY HAD NO IDEA IT HAD TO BE SCREENED FROM THE NEIGHBOR'S PROPERTY. SO THAT'S WHAT I'VE GOT. OKAY. I'M SORRY, JUST REAL QUICK. I DON'T BELIEVE HE PROVIDED HIS MAILING ADDRESS.
DID HE? HE SAID HE LIVED ON THE PROPERTY. SO I ASSUME YOU'RE GETTING MAIL AT THAT AT MAILING ADDRESS. OKAY. ALL RIGHT. ANYTHING ELSE? NO, YOUR HONOR, CODE ENFORCEMENT. HAVE ANYTHING IN REPLY? NO, SIR. ALL RIGHT. WELL, IT. I DON'T KNOW. YOU KNOW, THEY THEY MAIL IT. THEY
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MAIL THE FIRST NOTICE ON FEBRUARY THE 6TH OF 25. AND AT THAT POINT IN TIME, THEY PUT YOU ON NOTICE AS TO THE ACTIONS NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE. THEY KEEP INSPECTING IT. IT REMAINS IN VIOLATION. THEN ON APRIL THE 2ND OF 2025, THEY SENT YOU A CERTIFIED. MAIL. AND AS FREQUENTLY WE SEE THE. WELL, IN THIS CASE, BOTH OF THEM. THERE'S NO RETURN SERVICE ON THE CERTIFIED MAIL. BUT IT IT DIDN'T COME BACK THOUGH. IS THAT CORRECT FOR THE NOTICE OF VIOLATION ON APRIL THE 2ND, THAT THAT PIECE OF MAIL DID NOT COME BACK, BUT IT SAYS Y'ALL GET A GREEN CARD. IS THAT WHAT YOU GET BACK? OR WE HAVE AN ELECTRONIC SYSTEM NOW, WHICH THERE WAS THERE'S NO RECORD OF IT. OKAY. ALL RIGHT. THEN HE CONTINUES TO REINSPECT THE PROPERTY AND AGAIN HE SENDS OUT A NEW. NOTICE ON APRIL THE 23RD, BOTH CERTIFIED AND REGULAR MAIL AND BUT. THE AGAIN NO NO SERVICE ON THAT. BUT THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED WHICH AGAIN WE SEE FREQUENTLY. AFTER YOU OPEN ONE OF THEM, YOU FAIL TO OPEN THE SUBSEQUENT ONES. THEY DO GET A COMPLAINT IN MAY. THEY CONTINUE TO INSPECT THE PROPERTY AND. IT REMAINS IN VIOLATION. THEN THEY POST A NOTICE AT THE GOVERNMENT CENTER. THEY POSTED ON THE 14TH ON THE ACTUAL PROPERTY. AND THEN ON MAY THE 29TH, THEY POSTED HERE AT THE GOVERNMENT CENTER. THOSE BOTH THE POSTING OF THE PROPERTY AND THE POSTING AT THE GOVERNMENT CENTER ARE SUFFICIENT NOTICES UNDER THE CODE. YOU MAY. AND YOU DIDN'T CALL. WHY HAVEN'T YOU CONTACTED ANYBODY? BECAUSE I FIXED THE FENCE OVER THE WEEKEND SO IT WOULD BE IN FULL COMPLIANCE. WELL, YOU MIGHT HAVE FIXED THE FENCE, BUT IT'S NOT IN COMPLIANCE. THE. THEY CONTINUE TO REINSPECT THE PROPERTY REMAINS IN VIOLATION. I DON'T KNOW WHO THE NEIGHBOR IS THAT'S COMPLAINING. I DON'T KNOW IF IT'S THE NEXT DOOR NEIGHBOR OR SOMEBODY ELSE, BUT OBVIOUSLY PEOPLE ARE DISTRESSED BY THE FACT THAT THE PROPERTY'S GOT ALL THIS JUNK IN THE BACK THERE. SO.ANYTHING ELSE FROM ANYBODY, BASED ON WHAT I'VE SAID THUS FAR. THE ONLY THING I CAN SAY I DID TELL, TELL YOU THAT WE DID NOT RECEIVE WHETHER OR HOW, HOW IT GOT NEVER GOT THERE, BUT WE WERE LITERALLY IN THE HOSPITAL DURING THE PERIOD OF TIME WHERE HE'S TALKING ABOUT THE THING, I UNDERSTAND I'M HERE. I'M HERE BECAUSE I'M HERE, AND I FOUND THIS IT FOUND THIS ON THE YARD AND CAME HERE. AND THE FIRST NOTICE I RECEIVED, I, I GUESS WHAT IF Y'ALL GOT THE NOTICE? WHATEVER. BUT MY POINT IS, WE DIDN'T WE DIDN'T HAVE THE NOTICE UP UNTIL THIS POINT, SO. WELL, IT SAYS MAY 14TH. SO THAT'S ALMOST A MONTH AGO. YES. AND I AND I WAITED TILL THEN BECAUSE I THE FENCE KEEPS BLOWING DOWN. IT'S A, YOU KNOW I TRIED TO SECURE THE FENCE BUT IT'S ON BASICALLY IN AN ALLEYWAY AND IT JUST THAT'S ONE AREA. IT JUST GETS DESTROYED. I'VE GOT TO FIGURE OUT A DIFFERENT FENCING SYSTEM OR SOMETHING LIKE THAT. BUT I HAVE THE FENCE AND I PUT IT UP NUMEROUS TIMES, I DON'T WE NEVER HEARD FROM HIM HOW OFTEN THE FENCE IS UP THERE. IT'S UP THERE ALL THE TIME AND THE FENCE IS UP THERE. IF I HAVE TO MOVE THE THINGS TO THE SIDE, I CAN DO THAT. I CAN GET EVERYTHING OUT OF THERE IF I GET MY TRUCK DONE. BUT I'M JUST TRYING TO GET THE TRUCK DONE AND DO THIS ALL AT THE SAME TIME. IT'S A LOT. MY WIFE HAS PARKINSON'S. I'VE HAD A STROKE. IT'S JUST A LOT. I'M NOT NOT NOT DOING IT. I'M JUST TRYING. TRYING TO DO IT IN A
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FASHION THAT I GOT IT FROM THE STATE. THE NOTICES I RECEIVED. WELL, I'VE GOT TO DISAGREE THAT YOU'RE NOT NOT DOING IT BECAUSE IT'S OBVIOUS THAT YOU'RE NOT DOING IT. THE YOU KNOW, AND I WANT TO CORRECT THE SUGGESTION THAT YOU PUT IN THE RECORD THAT HE IS GOING THROUGH THE NEIGHBOR'S YARD TO TAKE THIS PHOTOGRAPH. THIS PHOTOGRAPH, HE HAS TESTIFIED, WAS TAKEN FROM THE ROAD. SO IT IS VISIBLE FROM THE ROADWAY. NOW, IT MIGHT NOT BE DIRECTLY IN FRONT OF YOUR HOUSE. THAT MAKES IT VISIBLE, BUT IT IS VISIBLE. SO BASED ON THE TESTIMONY THAT I'VE HEARD AND THE EXHIBITS I'VE SEEN IN THE FORM OF PHOTOGRAPHS INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 213 EL REPOSO PLACE IN PANAMA CITY BEACH, IS LOCATED WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND IS THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. NOTICE WAS GIVEN TO THE RESPONDENT BY BOTH POSTING ON THE PROPERTY, POSTING AT THE GOVERNMENT CENTER, AND BY VARIOUS MAIL. THAT HAS NOT BEEN RETURNED.THERE IS A VIOLATION OF THE CODE NUMBER 1702, IN THE FORM OF JUNK, TRASH, AND UNSCREENED OR UNUSED PERSONAL PROPERTY. THE RESPONDENT SHALL HAVE A PERIOD OF TEN DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING ANY AND ALL JUNK AND TRASH IN ANY UNSCREENED OR UNUSED PERSONAL PROPERTY MUST BE EITHER PROPERLY SCREENED AND. OR REMOVED FROM THE PROPERTY. THE.
RESPONDENT SHALL HAVE THE RESPONSIBILITY TO CONTACT AND INFORM CODE ENFORCEMENT OF ANY PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE CODES, ORDINANCES AND REGULATIONS 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 OR WHENEVER THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICH EVER SHALL COME FIRST. THAT IS YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT THAT THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE IN ORDER TO STOP THE FINE FROM RUNNING FURTHER. THAT FINE WILL BECOME A LIEN ON THE PROPERTY, BOTH REAL AND PERSONAL. LOCATED HERE IN BAY COUNTY, THERE WILL BE A COMPLIANCE HEARING. YOU STATED THE DATE AND I THOUGHT I'D UNDERLINED THE 16TH JULY 16TH, JULY THE 16TH AT 1:00. OKAY. IN THIS SAME ROOM I HAVE I NEED THE DATE. I, I HE'S GOING TO GIVE IT TO HIM OKAY. HE'S GOING TO. YEAH. HE'LL GIVE YOU A NOTICE THEN. OKAY. ALRIGHT. THAT CONCLUDES THIS CASE. ALL RIGHT. THAT WILL BRING US TO. ITEM D AND E. THE. PROPERTY ADDRESSES ARE 2728 EAST 13TH STREET AND 1234 NORTHEAST AVENUE.
IS THERE A COMMONALITY OF OWNERSHIP OR. YES, THE. FIRST PROPERTY IS FROM NORTHEAST AVENUE IS BY THE FREEDOM BUILDERS OWNER AND THE 13TH IS OWNED BY JAMES ATKINSON. CC ERA I DON'T HAVE THE LAST NAME FOR SARAH. MR. ATKINSON IS THE. OWNER OR REGISTERED AGENT FOR THE FREEDOM BUILDERS. OKAY, WELL, AS LONG AS I UNDERSTAND WHAT THE COMMONALITY IS THERE.
OKAY, SO THIS FIRST PHOTO IS JUST FOR LOCATION PURPOSES. AND SLIDE NUMBER TWO. SHOWING THESE ARE BOTH OF THE PROPERTIES I BELIEVE. IS THAT CORRECT? YES MA'AM. OKAY. SO HERE'S NORTHEAST AVENUE AND 13TH STREET. CLOSER UP AERIAL. IT'S LOCATED IN CEDAR GROVE AREA OKAY. SO THE 13TH ONE
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TWO, THREE, FOUR NORTHEAST AVENUE IS THE ONE ON THE LEFT HERE. AND IT FACES NORTHEAST AVENUE. THE SECOND PROPERTY, 2728, IS ON THE RIGHT FACING 13TH STREET. SLIDE NUMBER FOUR IS JUST TO SHOW YOU THE ZONING FOR THESE PROPERTIES. THE NORTHEAST AVENUE IS ZONED COMMERCIAL ONE AND THE 2728 30TH STREET IS A RESIDENTIAL TWO ZONING. ON AUGUST 19TH, 2024, INVESTIGATOR ROBERT CLARKSON OBSERVED THIS PROPERTY AND HE IS TESTIFIED, MR. CLARKSON, CAN YOU STATE YOUR FULL NAME FOR ME, PLEASE? YES. GOOD MORNING, MAGISTRATE ROBERT CLARKSON, BAY COUNTY CODE ENFORCEMENT I SUBMITTED MY EXHIBITS. I SENT MY NOTICES, AND I COMPLETED THIS REPORT. AND THAT IS IN FRONT OF YOU NOW, AS MANAGER ASMAN STATED ON AUGUST 19TH, I DROVE BY THIS THIS PROPERTY THAT IS LOCATED ON TWO DIFFERENT PARCELS. I DID TERM. SO WHAT YOU'RE SEEING ON SLIDE NUMBER SIX, THIS WOULD BE ON THE 13TH STREET SIDE. SO THIS WOULD BE THE PARCEL 2728 EAST 13TH STREET. AND THAT'S THE R-2 PARCEL. YES SIR. THAT'S THE R-2 PARCEL. YOU CAN SEE YOU HAVE THIS ERECTED FENCE THAT SINCE THIS WILL BE THE CONSIDER THE FRONT OF THAT PIECE OF PROPERTY.THAT FENCE RIGHT THERE CAN ONLY BE FOUR FOOT HIGH UNLESS IT'S BACK SUBSTANTIALLY FROM THE PROPERTY LINE. AND IT CAN ONLY BE EIGHT FOOT TALL IN IN HEIGHT. SO OBVIOUSLY WE HAVE A FRONTAGE.
I THOUGHT YOU SAID SOMETHING ABOUT FOUR FEET. YES. THE FRONT. THE FRONT OF THE OF THE HOUSE HAS GOT TO BE 44 FOOT. THE SIDES AND BACK CAN BE BE TALLER. OKAY, BUT NOT NOT TO THIS HEIGHT.
OKAY. THAT'S ALL IS THAT WE ESTIMATE IS OVER NINE FOOT. AND JUST FOR CLARIFICATION PURPOSES, THIS FRONT ISN'T THE WHOLE RESIDENTIAL PROPERTY. NO, NO. WHAT THE PICTURES WILL SHOW.
THIS BASICALLY KIND OF STARTS AND OBVIOUSLY WITHOUT A SURVEY IN FRONT OF ME, I, YOU KNOW, CAN'T TELL YOU. BUT IT'S ALMOST ABOUT THE, THE LAST QUARTER OF, OF THE RESIDENTIAL PARCEL, THE FENCE STARTS AND THAT WOODEN FENCE AND THERE'S A SMALL ACCESSORY STRUCTURE. ORIGINALLY THIS LOT DID HAVE A HOME. AND THEN WHEN THE HOME WAS DEMOLISHED, THEY LEFT THIS LITTLE MOBILE HOME OR I'M SORRY RV THAT YOU'LL SEE IN OTHER PICTURES. AND THERE'S A LITTLE ACCESSORY THERE. SO THIS THIS PART OF THE FENCE IS ON THE 27 OR EXCUSE ME, THE 2728 EAST 13TH STREET. AND THEN IF YOU LOOK, LET ME ASK YOU SOMETHING. THE ASPHALT THAT'S HERE IS THIS THAT IS 13TH. OKAY. ALL RIGHT. GOT YOU COVERED. SO AS, AS THE SLIDE SIX SEES THIS IS WHAT I WOULD SAY. THE CORNER OF THE FENCE. IT'S NOT ERECTED. IT DOESN'T COMPLETELY ENCLOSE EITHER PARCEL. SO AS MANAGER ASPEN GOES THE NEXT SLIDE. THIS IS STILL LOOKING DOWN SEVENTH STREET.
THERE'S ACTUALLY IN THIS PICTURE DOESN'T SHOW IT BUT THERE'S A FENCE A GATE RIGHT THERE DOWN 13TH STREET, YOU MEAN. YES, SIR. OKAY, NOT SEVENTH STREET. I'M SORRY. PHOTOGRAPH NUMBER 13.
YES. PHOTOGRAPH NUMBER SEVEN, 13TH STREET. THERE IS A FENCE THERE. AND YOU WOULD ALMOST SAY WHERE THAT THAT FENCE IS. YOU COULD KIND OF SAY IT'S WHERE THE TWO PARCELS MIGHT MEET. AND THEN IT GOES TO ONE, TWO, THREE, FOUR NORTHEAST AVENUE. BUT THIS IS LOOKING WEST DOWN THE FENCE LINE TOWARDS EAST AVENUE ON SLIDE SEVEN. LET ME JUST GO BACK TO THE AERIAL SO WE HAVE A BETTER UNDERSTANDING WHERE WE'RE AT. AND THIS LIKE LITTLE DIRT RIGHT HERE. DRIVEWAY. MR. CLARKSON THAT'S KIND OF THAT'S WHERE THAT INDENTION IF YOU GO I'M SORRY. SO THAT WOULD BE RIGHT. RIGHT THERE. YES. SO THAT FIRST PHOTO FLOOR IS IT WOULD GO THAT FIRST PART OF THE FENCE. OBVIOUSLY FROM THIS PHOTO HERE WOULD EXTEND TO WHERE THERE'S THE WOODEN FENCE WAS FOR THE RVS BEHIND. AND IT CONNECTS TO THAT WOODEN FENCE. AND THIS LITTLE NARROW ARROW VIEW3. SO AGAIN THESE THESE PROPERTY LINES AREN'T ACCURATE. BUT JUST TO SHOW YOU THIS IS THAT'S THE DRIVEWAY. THAT'S THE DRIVEWAY OFF OF 13TH. THIS IS THE AVENUE. NOW THE PHOTOGRAPH EXCUSE ME IS TAKEN FROM AT THIS POINT THE RIGHT HAND SIDE OF THAT THAT PREVIOUS. YES I'M ON THE
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PHOTOGRAPH. I'M ON THE NORTH SHOULDER OBVIOUSLY OF 13TH STREET. AND I'M LOOKING BACK WEST TOWARDS EAST AVENUE. OKAY. AND SO BEHIND THAT TREE IS WHERE YOU SAW THE RV AND THAT PREEXISTING WOODEN FENCE. THE FENCES ARE SOMEWHAT CONNECTED RIGHT THERE. OKAY. AND THEN AS SLIDE SIX, AS YOU CAN SEE TOWARDS THE END, THAT'S WHERE THE DRIVEWAY ENTERS. OKAY. WHICH THIS IS THE FOOT OF IT. THAT'S THE FOOT OF IT. YEAH I'M RIGHT PAST THE OPEN FENCE NOW AND I'M STILL GOING LOOKING DOWN WEST TOWARDS EAST AVENUE. THIS IS THE SIDE OF THE FENCE THAT THAT WOULD FACE 13TH STREET RUNNING PARALLEL ON THE PROPERTY, WHICH IS OVER THE REQUIRED HEIGHT AS WELL. BUT THIS WOULD HAVE TO BE EIGHT FEET, CORRECT? YES. ON THE SIDE. NO MORE THAN EIGHT FEET.NO MORE. YEAH. NO MORE THAN EIGHT FEET. ALL RIGHT. CAN WE GO BACK TO THE THING SO I CAN GET AN ORIENTATION OF THE DRIVEWAY AS IT RELATES TO THE TWO PARCELS? OKAY. THE AERIAL. OKAY.
SO IT'S ACTUALLY IN THE EAST AVENUE PARCEL. THE DRIVEWAY IS IN THE WELL, THE PICTURES DON'T, DON'T REALLY DEPICT WELL, BUT YOU CAN KIND OF SHIFT THE RED LINES TWO, SEVEN, TWO, EIGHT PARCEL DOWN A LITTLE BIT MORE WEST AND WITH WITH ALL THE PHOTOS OR FROM ALL THE LINES FROM THE PROPERTY APPRAISER. IT'S OFF TO THE RIGHT. SO YOU CAN KIND OF SHIFT THAT LINE DOWN. HOW MUCH? YOU KNOW, WE DON'T HAVE A SURVEY. RIGHT. OKAY. ALL RIGHT. THANK YOU. BUT AS PICTURES AS THERE'LL BE MORE PICTURES THAT WILL CLEARLY DEPICT WHAT I'M TRYING TO DESCRIBE TO YOU RIGHT NOW. WITH THE WE UNDERSTAND THE PROPERTY LINES AREN'T A THAT, BUT IN THESE PHOTOS IT'S CLEAR. IT'S CLEAR THAT THAT PART OF THE FENCE IS OBVIOUSLY ON ON THE 2728 EAST 13TH STREET. NOW THIS IS THIS IS AT THE STILL COMING WEST TOWARDS EAST AVENUE. OKAY.
THIS IS NOW WHAT WHAT YOU WOULD CONSIDER THE FRONT OF THE FENCE THAT FACES EAST AVENUE. OKAY.
THERE'S OBVIOUSLY ANOTHER GATE AND THERE'S IS A STRUCTURE THAT FACES EAST AVENUE. AND THAT STRUCTURE IS ONE, TWO, THREE FOUR NORTHEAST AVENUE. THAT'S THE BUILDING THAT WE SEE. YES, SIR. OKAY. ALL RIGHT. AND AS YOU SEE, THE FENCE IS CLEAR UP TO THE SOUTH, THE FACE OF THERE, WHICH IS CLEARLY OVER EIGHT FOOT. OKAY. THIS IS A PHOTO THAT LOOKS BACK, AS I SAID, THIS FENCE IS NOT COMPLETELY ERECTED. IT JUST GOES ON THE PARCEL ON 13TH STREET AND KIND OF MAKES LIKE A, A STAPLE. ALMOST GOES DOWN, RUNS 13TH STREET, THEN GOES IN FRONT OF THE HOUSE AND EXTENDS PAST THE HOUSE, LEAVING IT EXPOSED FROM THE FAR SOUTH SIDE OF EAST AVENUE AND THE FAR EAST SIDE OF 13TH STREET. WHERE? WHERE IS THIS PICTURE TAKEN FROM? I AM STANDING ON ON EAST AVENUE, JUST SOUTH OF LOOKING BACK TOWARDS. OKAY, SO THAT HOUSE IS OVER THIS WAY TO THE LEFT. YES, SIR. OKAY, ALL RIGHT. YES. AND THIS. UNFORTUNATELY, THESE AREN'T IN THE ORDER THAT THEY SHOULD BE, BUT SLIDE TEN. SLIDE NINE. SLIDE TEN IS ANOTHER EXPOSURE OF THE DRIVEWAY LOOKING BACK DOWN FROM 13TH TO EAST AVENUE. OKAY. LET'S GO BACK TO NINE. ALL RIGHT. THIS WELL I'M GOING TO CALL ONE SEGMENT OF FENCE. IS THIS FRONTING ON EAST AVENUE. YES SIR. SO IT'S HEADING WHAT I'M GOING TO CALL SOUTH. YES. RUNNING SOUTH OKAY. ALL RIGHT. AND IT JUST STOPS. YES.
HOW MANY. AND I'M NOT SURE THAT YOU CAN ANSWER THIS AT THE PRESENT TIME, BUT HOW MANY SECTIONS WOULD BE TO THE RIGHT GOING TOWARDS 13TH STREET? I COULD LOOK AT THE PHOTOS AND COUNT. I REALLY DON'T KNOW. BALLPARK. ARE WE TALKING ABOUT TWO SECTIONS OR NO, I WOULD SAY MORE. YOU KNOW, THAT SIDE IS LONGER THAN THE OTHER SIDE. SO I'D SAY PROBABLY TWICE AS LONG AS IN PHOTO EIGHT HERE. OKAY OKAY. ALL RIGHT. PHOTO TEN. CAN WE COME BACK TO THIS AS AN OVERALL VIEW ON 13TH STREET WHERE YOU CAN SEE THE DRIVEWAY, THE FENCE, THE GATE ON SLIDE TEN. SLIDE 11. THIS IS THE PICTURE OF THE GATE ON THAT DAY THE GATE WAS CLOSED. NOW THIS IS COMING OFF OF 13TH STREET. YES, SIR. OKAY. THAT'S THE DRIVEWAY THAT THAT DEPICTED IN THE EARLIER PHOTO. OKAY, SO TO THE LEFT IS THE 27. YES. YES. AND THIS IS WHERE WE KIND OF
[00:35:07]
PROBABLY WHERE ONE OF THOSE PYLONS ARE AT IS PROBABLY ABOUT WHERE THE, THE PROPERTY LINES CONNECT. AND IT GOES TO THE OTHER PARCEL. THIS IS LOOKING STRAIGHT ON. SO THERE'S THE PANEL THAT RUNS SOUTH. SO YOU SEE IT'S IN MY OPINION IT'S KIND OF STRATEGICALLY PUT IN TO KIND OF CONCEAL WHAT'S GOING ON AROUND THE AREA. IT'S NOT FOR IT'S NOT FOR ANY PROPERTY PROTECTION BECAUSE THERE'S NO BACKING OR ANYTHING TO THE FENCE. IT'S CLEARLY OPEN ON THE SOUTHERN BORDER. AND FOR THE RECORD, THERE ARE EIGHT PANELS IN THERE. ALL RIGHT. SO BASED ON THIS, I KNEW THIS WAS A VIOLATION. I LEARNED THAT OBVIOUSLY. MR. JAMES ATKINSON, ACCORDING TO THE PROPERTY APPRAISER, IS THE OWNER OF 2728 EAST 13TH STREET. AND THE CONNECTING PARCEL IS OWNED BY FREEDOM BUILDERS. ESTABLISHMENT 1983, LLC. SOME BUSINESS LIST THAT MR. ATKINSON AS THE REGISTERED AGENT AND THE REGISTERED MANAGER. IT IS INACTIVE, BUT IT LISTS THAT ADDRESS OF 123 NORTHEAST AVENUE AS THE ADDRESS FOR FREEDOM AND AS MANAGER. ASPEN STATED THE 13TH STREET IS R-1 ZONED RESIDENTIAL, I MEAN RESIDENTIAL TWO AND EAST AVENUE IS ZONED COMMERCIAL ONE. ON SEPTEMBER THE 23RD, I REINSPECT THE PROPERTY.IT SHOULD BE NOTED AT THIS TIME I DID SEND THE PROPERTY OWNER AN INFORMAL LETTER THAT THAT WITH A COPY OF THE ORDINANCE ON THE FENCE HEIGHTS IS KIND OF UNDER FENCE WALLS AND HEDGES IN THAT LLC. IT DOES SHOW HOW TO PROPERLY MEASURE THE FENCE AND THE SETBACKS, AND I SENT HIM ALL THAT INFORMATION, ALONG WITH INFORMAL LETTER SAYING THIS WAS IN VIOLATION. SEPTEMBER 23RD.
THE PROPERTIES ARE REINSPECTED. I SEE AGAIN HERE ON SLIDE 14. I'M. I AM ON 13TH STREET.
LOOKING BACK SOUTH, THIS WAS WHAT WE WOULD CALL THE FAR EAST CORNER. THIS TIME THE GATE IS OPEN AS YOU WORK YOUR WAY BACK SOUTH TOWARD OR EAST TOWARDS EAST AVENUE. LOOK IN OR WEST.
I'M SORRY. YOU LOOK IN THE GATE. THE GATE IS OPEN. THERE'S AN RV. THERE'S WATERCRAFT, ALL KINDS OF OTHER JUNK AND VEHICLES IN THE BACKGROUND. ON SLIDE 15, LIKE I SAID, A TOW TRUCK. SLIDE 15.
OKAY, LET ME ASK YOU SOMETHING HERE ON SLIDE 15, AS WE'RE LOOKING THROUGH THIS GATE TO THE I WON'T SAY SLIGHTLY FROM THE MIDDLE, BACK TO THE RIGHT, THERE IS A FENCE THAT IS SEEN AT A DISTANCE. IS THAT THE ONE THAT'S RUNNING DOWN EAST AVENUE AND STOPPING, OR IS THAT A DIFFERENT FENCE? FROM WHAT I CAN TELL, THAT IS A ZOOM. ZOOM. A ZOOMED IN PICTURE OF ME STANDING ON 13TH STREET. AND THAT WOULD BE THAT BACK PANEL. OKAY. ALL RIGHT. ON THAT ON EAST EAST AVENUE. YES. OKAY. ALL RIGHT. GOT YOU COVERED. SLIDE 16 I'M ACTUALLY SOUTH ALMOST AT THE INTERSECTION AT THE END OF THE FENCE. LOOKING BACK WEST. I'M SORRY. BACK EAST ON 13TH STREET.
JUST SHOWING, YOU KNOW, THE PICTURE OF THE FENCE RUNNING ON 13TH. AND AS IT STARTS TO TURN FACING ON EAST AVENUE. THIS IS ANOTHER MORE SHOWING THE FENCE AGAIN. SLIDE 17. 18. THERE'S SOME THERE'S ALWAYS NUMEROUS CARS COMING IN AND OUT OF THIS PLACE ALL THE TIME. THIS IS LOOKING FROM THE FRONT ON EAST AVENUE, ZOOMED IN FROM THE ROADWAY. SEE WHERE THE FENCE MEETS. BASICALLY IS BUILT UP TO THE HEIGHT OF THE ROOF. THIS AGAIN SHOWS THE OPENING OF THE PANEL WHERE THE PANEL ENDS. SLIDE 20. ON SEPTEMBER 24TH, I SENT A NOTICE OF VIOLATION TO 2728 EAST 13TH STREET CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD, WHO LISTED THE ADDRESS OF 7322 CHERRY STREET. THE NOTICE WAS DELIVERED TO THE RESPONDENT ON OCTOBER THE 3RD OF 2024. ALSO, I SENT A NOTICE OF VIOLATION TO THE 1234 NORTH-EAST AVENUE CERTIFIED IN REGULAR MAIL. THE CERTIFIED NOTICE WAS LEFT WITH SOME INDIVIDUAL IN THE PROPERTY AT THAT TIME. ON SEPTEMBER 26TH, I DID RECEIVE A PHONE CALL FROM MR. ATKINSON. I DID RETURN HIS CALL AND LEFT A MESSAGE AND WE DID NOT COMMUNICATE AT THAT POINT IN TIME. ON OCTOBER THE 3RD, I RECEIVED ANOTHER PHONE CALL FROM MR. ATKINSON. I RETURNED HIS PHONE CALL. MR. ATKINSON. DOES
[00:40:07]
NOT FEEL LIKE HE'S IN VIOLATION. HE HE WAS PRETTY ARGUMENTATIVE ABOUT THE FENCE AND HE WAS GOING TO STATE HE WAS GOING TO APPLY FOR A VARIANCE FOR THE FENCE. HE WANTED TO KNOW WHO THE COMPLAINANT WAS. I TOLD HIM AT THAT POINT IT WAS CODE ENFORCEMENT, AND HE INDICATED THERE WAS OTHER FENCES AROUND THERE, AND I GAVE HIM THE OPPORTUNITY THAT HE FELT WERE ILLEGAL. I GAVE HIM THE OPPORTUNITY TO PROVIDE ME WHO THESE PEOPLE WERE, AND HE WOULDN'T GIVE ME ANY, ANY OTHER PROPERTIES. BOTH PROPERTIES WERE REINSPECTED. ON OCTOBER THE 28TH, 2024, AND THIS IS AGAIN, I THINK BY NOW YOU KIND OF GET A GOOD UNDERSTANDING LOOKING AT THIS PICTURE. SLIDE 22. IT'S JUST KIND OF ME STANDING AT THE CORNER OF THE FAR EASTERN PORTION OF THE FENCE THERE ON 2728 EAST 13TH. THAT'S THE WOODEN FENCE BEHIND IT. THIS IS BACK LOOKING EAST AGAIN. THIS IS THE SIDE ON 13TH STREET. THERE IS A SMALL DIP WHERE THE FENCE DOES GO DOWN, BUT STILL OVER THE HEIGHT REQUIREMENT. THIS IS AGAIN THAT DAY ON THE 28TH. ON SLIDE 24 THE FENCE IS OPEN. THE GATE IS OPEN. YOU CAN SEE THERE'S OBVIOUSLY THE ACCESSORY STRUCTURE. IT APPEARS TO BE IN THE BACKGROUND. THE RED TOW TRUCK. THAT THERE COULD BE A CAR HAULER OR OBVIOUSLY HAS RAMPS TO MOVE, MOVE VEHICLES OR ANYTHING AT THAT POINT. THERE'S SOME OTHERS TRAILERS IN THE BACKGROUND. THIS IS BACK LOOKING SOUTH THROUGH THE I'M SEEING BACK LOOKING WEST THROUGH THE OPEN FENCE. THERE'S A BUNCH OF JUNK DEBRIS. LOOKS LIKE DERELICT VEHICLES AND WATERCRAFT AGAIN. SLIDE 25. THIS IS JUST A ZOOMED IN PICTURE. THERE'S A LITTLE BETTER DESCRIPTION OF ITEMS THAT YOU CAN SEE. THIS IS NOW TOWARDS THE FRONT OF THE STRUCTURE THERE ON ON STILL ON 13TH. LOOKING BACK TOWARDS THE FRONT. THAT'S A FENCE THAT GOES IN. THAT'S AT THE FRONT. AND THE WORK TRUCK. THIS IS LOOKING DOWN EAST AVENUE. THE FENCE HERE AGAIN THIS IS ZOOMED IN. DECEMBER. SECOND PROPERTY WAS REINSPECTED. THIS IS JUST A ZOOMED IN BACK A LITTLE FURTHER ON 13TH STREET. SHOW THAT WOODEN FENCE IN THE RV. AS YOU CAN SEE NOW SOME MORE DEBRIS BEHIND IT. SLIDE 30. SLIDE 31. OBVIOUSLY THE FAR EAST CORNER. NOW LOOKING BACK SOUTH, BASICALLY THERE'S NO CHANGE OTHER THAN NOW THERE'S A WHITE TOW TRUCK THERE. LOOKS LIKE WORKING ON THERE'S SOME HEAVY EQUIPMENT IN THE BACKGROUND. STILL A LOT OF JUNK AND DEBRIS.SO THE TOW TRUCKS AND THE DERELICT VEHICLES AND THINGS ARE CONSISTENT THAT ARE CONSISTENT WITH OPERATING A TOW BUSINESS. AT THIS POINT, I WOULD WOULD SAY YES, BECAUSE, YOU KNOW, THERE'S CARS COMING AND GOING AND TOW TRUCKS. SO HE'S OBVIOUSLY OPERATING A FORM OF BUSINESS ON THIS LOT NUMBER THAT'S ON THE SIDE OF THAT TRUCK. IS THAT A REPO? YES, SIR. NUMBER. AND I'VE STATED IT LATER IN MY INVESTIGATION. BUT SINCE YOU BROUGHT IT UP, MR. ATKINSON IS A LICENSED REPO AGENT THROUGH THE STATE OF FLORIDA. HIS LICENSE IS VALID UNTIL 26, I THINK, JULY OF 26. SO WE HAVE REASON TO BELIEVE THAT HE'S, YOU KNOW, STILL OPERATING IN THE RECOVERY BUSINESS AND USING THIS LOT. AND I'LL GIVE YOU MORE EVIDENCE AS WE GO ON FROM THIS POINT, WHICH IS NOT ALLOWED IN A. YES, THAT KIND OF OPERATION IS NOT OKAY. AND WE HAVE A PERMANENT INJUNCTION THAT WAS ISSUED FOR THIS BUSINESS PRIOR TO HURRICANE MICHAEL. SO AS JASMINE SHOWS, THESE ARE THAT'S I THINK THE PICTURES NOW ARE PRETTY SELF-EXPLANATORY UNLESS YOU'RE DISORIENTED. THIS IS LOOKING NOW STILL ON 13TH STREET, PAST THE OPEN FENCE BACK TOWARDS EAST AVENUE. OF COURSE THE EAST AVENUE SIDE. 36. THIS IS VEHICLES THAT ARE PARKED OUT FRONT AND. I SHOULD NOTE ON WHAT I WAS DOING. A RE-INSPECTION AS MANAGER. ASHMAN, IF YOU WANT YOU CAN GO GO THROUGH THESE PHOTOS. THIS IS JUNE OR JANUARY 6TH. OBVIOUSLY THERE'S BEEN NO CHANGE TO THE FENCE. THE ONLY THING HAS CHANGED. YOU STILL SEE THE TOW TRUCK. YOU KIND OF SEE DIFFERENT
[00:45:04]
ITEMS KIND OF COMING AND GOING. IT'S LIKE 40 SHOWS US ANOTHER TOW TRUCK THERE. OBVIOUSLY THE FENCE, NO CHANGE IN THE FENCE. THIS IS THIS IS A ZOOMED OF THE DEBRIS THAT'S BEHIND ON THE FAR END OF THE PROPERTY. WHERE'S THE VANTAGE POINT OF THAT. THAT IS TAKEN ON 13TH STREET. SO 13TH STREET LOOKING LOOKING BACK SOUTH. OKAY. SOUTHEAST. I'M SORRY. SOUTHWEST. OKAY. LOOKS LIKE A BOAT TRAILER. FEBRUARY 25TH. BUILDING INSPECTOR THORPE WENT OUT THERE AND WITH I AND MEASURED. THIS IS THE PORTION ON 13TH STREET ON THE CORNER SHOWING THERE'S OVER NINE FOOT.AND THEN SLIDE 47. AND THEN THAT'S WHERE IT'S JUST ATTACHED AT THE TOP OF THE FENCE. THAT'S ON THE, THE TWO SEVEN, TWO EIGHT EAST 13TH SIDE WHICH IS OUR TWO. THIS PHOTO HERE IS ZOOMED IN THROUGH THE BUSHES FROM EAST AVENUE ON THE RIGHT OF WAY. KIND OF LOOKING BACK, YOU CAN SEE THROUGH THE PICTURE IF YOU CAN SEE IT, BUT THERE'S A COUPLE TOW TRUCKS AND A LOT OF VEHICLES AND DEBRIS. THERE'S A CHERRY PICKER THERE NOW, FOR WHATEVER REASON. SLIDE 51. LET ME ASK YOU A QUESTION. I BELIEVE IT WAS 48 AND 49. THE ONE WITH THE TAPE MEASURE. THAT FENCE IS NOT SUPPOSED TO BE GREATER THAN FOUR FEET, THOUGH. THAT IS CORRECT. OKAY. MARCH 25TH PROPERTIES WERE INSPECTED. THIS IS THE FRONT. AND THERE'S MORE PHOTOS OF THE FRONT OF THE STRUCTURE THERE ON EAST AVENUE SHOWING THE GAP. SLIDE 56 TOW TRUCK AGAIN IN THE FRONT YARD. SLIDE 57. BACK LOOKING ON THE SIDE OF THE FENCE. THE GATE IS OPEN AGAIN. SLIDE 61. YOU CAN SEE THE ADDITIONAL TOW TRUCK AGAIN. ANOTHER CAR IS IN THERE. YOU CAN STILL SEE DEBRIS AND JUNK IN THE BACKGROUND. SLIDE 61. SLIDE 62. JUST KIND OF A ZOOMED IN, YOU KNOW, LIKE I SAID, THE CHERRY PICKER AND OTHER DEBRIS. THERE'S SOME SORT OF EMPTY CONEX BOX NOW A TRAILER. THIS IS JUST ASIDE FROM 13TH. NOW THERE'S LIKE A POP UP CAMPER AND SLIDE 64 BACK THERE. THIS IS LOOKING FROM THE ROADWAY ON EAST AVENUE. LOOKING BACK TOWARDS THE CORNER, YOU CAN SEE KIND OF THAT LITTLE LIKE THE REASON I SAY THE FENCE IS KIND OF STRATEGICALLY DONE. I MEAN, THAT'S IT SEEMS LIKE HE'S TRYING TO HIDE THIS STUFF BEHIND THAT THOSE PANELS. BUT YOU CAN OBVIOUSLY SEE IT FROM EACH ROADWAY ON EAST AVENUE AND 13TH STREET. JUST ANOTHER PICTURE OF THE FENCE HERE ON 67. THIS IS LOOKING BACK TOWARDS THE PROPERTY OFF OF 13TH. APRIL THE 28TH. I CONDUCTED A RE INSPECTION. AS I WAS TAKING MY PHOTOS FROM THE RIGHT OF WAY. MR. ATKINSON APPROACHED ME BASICALLY WANT TO KNOW WHAT WAS GOING ON. I AGAIN SAID WHY I WAS THERE THAT, YOU KNOW, DISCUSSED THE VIOLATIONS THAT WERE ON THE PROPERTIES THAT THIS BEING RESIDENTIAL FENCE CAN'T BE THAT HIGH. AND HE'S HIS HIS RESPONSE WAS THAT HE HAS LEASED THIS BACK THIS LOT. THE 2728 EAST 13TH TO HIS BUSINESS, WHICH IS THE ONE, TWO, THREE, FOUR. AND FROM THAT COMMENT, I THINK HE'S ASSUMING THAT HE'S INCORPORATING THAT THAT PIECE OF PROPERTY INTO HIS BUSINESS. HE HE MAKES ALL THESE ACCUSATIONS AGAINST MANAGER ASHMAN ABOUT HAVING PRIVATE AND SECRETIVE MEETINGS WITH THE NEIGHBORS, AND HOW HER CONDUCT AND CODE ENFORCEMENT CONDUCT IS CRIMINAL, AND HE'S GOING TO BE FILING CRIMINAL CHARGES AND COMPLAINTS AGAINST US. I TOLD HIM, AND I AM UNAWARE OF ANY, ANY PRIVATE MEETINGS THAT HAVE TAKEN PLACE. I HAVEN'T SPOKEN TO ANY NEIGHBORS IN THAT AREA, AND I EXPLAINED THAT TO HIM. BUT HE WAS. PRETTY CONFRONTATIONAL IS PROBABLY THE BEST WAY TO DESCRIBE IT. WAS THAT ENCOUNTER. SLIDE 7172. JUST THE STUFF IN THE BACK LOOKING FROM 13TH STREET ZOOMED IN. THAT'S THE CORNER OF THE FENCE THERE ON 13TH. SLIDE 7374. LOOKING BACK WEST, THE FENCE AGAIN IS OPEN. SLIDE 75. THERE'S ONE OF THOSE LITTLE LIKE DUMP TRAILERS. NOW
[00:50:07]
THEY'RE. YOU CAN SEE THE TOW TRUCKS AGAIN IN THE BACKGROUND. THERE'S ANOTHER ONE ON THE OTHER SIDE. THIS IS PAST THE GATE NOW LOOKING BACK WEST AGAIN. THIS IS JUST KIND OF BACKED UP ON 13TH.SLIDE 79. JUST GIVING THEM MORE ANGLES AND VIEWS OF THE FENCE. HAVE A LOT OF PICTURES OF FENCE HERE, YOUR HONOR. SLIDE 82 LOOKING THERE'S TOWARDS THE FRONT. YOU KNOW WHAT LOOKS LIKE WORK VEHICLES TO ME. THAT GATE'S ALWAYS BEEN CLOSED EVERY TIME I COME BY. THIS VEHICLE NOW HAS APPEARED AND IT'S. AND IT IS DERELICT. AS FAR AS THERE'S NOT A PLATE ON IT. THIS IS LOOKING AT THE FRONT OF THE BUSINESS AGAIN. SLIDE 89. THERE'S THE END OF THE PANEL THAT'S LOOKING BACK AGAIN. SLIDE 90 BACK TO THAT CORNER WHICH ENCOMPASSES THE TWO PARCELS. SLIDE 92 JUST KIND OF ZOOMED IN TRACTOR EQUIPMENT TOW TRUCKS TRAILERS. AS AS WE STATED EARLIER, MR. AXON IS A LICENSED RECOVERY AGENT. HIS COMPANY IS CALLED WEST RECOVERY LISTING THE ADDRESS OF 1234 NORTHEAST AVENUE USING HIS PHYSICAL ADDRESS AND MAILING ADDRESS AS THAT NORTHEAST AVENUE. JUST A LITTLE HISTORY ON THIS THIS PROPERTY ON JULY THE 7TH, 2016, THE FORMER BAY COUNTY CODE ENFORCEMENT BOARD FOUND MR. ADKINS WAS OPERATING AND RECOVERY TOWING BUSINESS OUT OF THIS PROPERTY.
THE ORDER CASE NUMBER C 16 00157 IS ATTACHED AS EXHIBIT B FOR YOU TO READ. THESE EXHIBITS HAVE ALSO BEEN PROVIDED TO MR. ATKINSON. IT APPEARS THAT MR. ATKINSON CONTINUED TO OPERATE A BUSINESS AT THIS LOCATION, WHICH LED THE BAY COUNTY ASSISTANT ATTORNEY WORKING ON BEHALF OF CODE ENFORCEMENT TO FILE WITH THE BAY COUNTY CIRCUIT COURT A COMPLAINT FOR INJUNCTIVE RELIEF, REFERENCE TO CASE NUMBER 17 00248CA THE COMPLAINT WAS FOR MR. ATKINS TO PERMANENTLY COMPLY WITH BAY COUNTY'S ELDERS AND CEASE OPERATING HIS ILLEGAL TOWING AND VEHICLE STORAGE BUSINESS ON HIS PROPERTY. THE COMPLAINT WAS INTRODUCED INTO EVIDENCE AS EXHIBIT C AND CONTAINED IN THE FILE ON JULY THE 20TH, 2017, CIRCUIT JUDGE FINSON GRANTED BAY COUNTY CODE ENFORCEMENT'S MOTION FOR SUMMARY JUDGMENT AND INJUNCTION RELIEF, IN WHICH THE SUMMARY JUDGMENT REQUESTED FOR PERMANENT INJUNCTION AND RELIEF WAS GRANTED. MR. ACTIONS PERMANENTLY ENJOINED FROM OPERATING HIS COMMERCIAL, TOWING AND STORAGE BUSINESS ON THIS PROPERTY, AND FROM FURTHER VIOLATION OF BAY COUNTY LAND DEVELOPMENT REGULATIONS 603. THE ORDER GRANTED GRANTED BAY COUNTY'S MOTION FOR SUMMARY JUDGMENT RELIEF, AND THIS HAS ALSO BEEN INTRODUCED TO YOU AS AN EVIDENCE EXHIBIT D ON MAY 9TH, I DID SEND A CERTIFIED NOTICE OF VIOLATION AND REGULAR MAIL UP TO 2728 EAST 13TH STREET, USING THE ADDRESS FOR THAT PROPERTY FOR 7322 CHERRY STREET. THE NOTICE WAS DELIVERED TO THE RESPONDENT ON MAY 5TH. I ALSO SENT A NOTICE OF VIOLATION. NOTICE OF HEARING WAS SENT CERTIFIED AND REGULAR MAIL TO THE 1234 NORTHEAST AVENUE. AT THIS POINT IN TIME AND DAY, THERE HAS BEEN NO RETURN RECEIPT. THERE'S BEEN NO RETURNED MAIL, SO I DON'T KNOW WHERE IT WENT TO. FOR THE RECORD, YOU SENT IT ON MAY 1ST.
I MAY NOT CORRECT. NO. YES. IF I SAID MAY 9TH, THAT WAS A MISTAKE. THAT WAS ALL DONE ON MAY 1ST. AND LIKE I SAID, THERE'S BEEN NO RETURN RECEIPT OR ANY RETURN CERTIFIED MAIL.
REGULAR MAIL HAS COME BACK TO US. ON MAY 9TH, I. TOOK AN INVESTIGATIVE INVESTIGATIVE STATE ON THIS CASE AND REQUESTED THE FROM THE BAY COUNTY SHERIFF'S DEPARTMENT, AS YOU WELL KNOW OR MIGHT NOT KNOW THAT ANY TIME A VEHICLE IS TOWED THAT THAT BY FLORIDA STATUTE, COMPANIES ARE REQUIRED TO REPORT THAT THEY HAVE TOWED A REPOED A VEHICLE, YOU KNOW, TO LOCAL LAW ENFORCEMENT IN THE JURISDICTION FOR WHICH THE VEHICLE'S TAKEN. SO KNOWING THAT, I ASKED FOR BAY
[00:55:05]
COUNTY SHERIFF'S DEPARTMENT REPOSSESSED VEHICLE LOG SPECIFICALLY FOR WEST RECOVERY, AND I ASKED FOR THE DATES OF JANUARY THE 1ST, 2020 THROUGH MAY 9TH OF 2025. I DON'T HAVE AN EXACT COUNT. THIS THIS REPORT IS ATTACHED AS AN EXHIBIT FOR YOUR REVIEW. RECOVERY REPORTED OVER 300 REPOSSESSED VEHICLES TO THE SHERIFF'S DEPARTMENT DURING THIS TIME PERIOD. I ALSO ASKED FOR CALLS OF SERVICE FROM THE SHERIFF'S DEPARTMENT. OVER THE PAST TWO YEARS, THEY'VE BEEN THERE OVER 40 TIMES TO INCLUDE COMPLAINTS REGARDING REPOSSESSED VEHICLES FROM THIS PROPERTY.LIKE I STATED, THESE ARE ATTACHED AS EXHIBITS. WHEN YOU SAY THIS LOCATION, ARE YOU TALKING ABOUT THE 1234 NORTHEAST AVENUE? OKAY. ALL RIGHT. IT ALSO SHOULD BE NOTED ON ONE OF THESE OCCASIONS IN WHICH THE BAY COUNTY SHERIFF'S DEPARTMENT WAS DISPATCHED ON APRIL 22ND OF 2002, MR. ATKINS WAS ARRESTED BY THE BAY COUNTY SHERIFF'S OFFICE, REFERENCED THEIR CASE NUMBER 2022-028303 AT 1234 NORTH-EAST AVENUE FOR FALSE IMPRISONMENT AND RESISTING AN OFFICER WITHOUT VIOLENCE. YOU DO HAVE A COPY OF THIS COMPLAINT THAT'S BEEN ATTACHED AS AS AN EXHIBIT.
BASICALLY, IT STEMS FROM THERE WAS A REPOSSESSED CAR. FROM WHAT I FROM READING THE AFFIDAVIT, THERE WAS A CAR ON THE PROPERTY. THE VICTIM CAME TO CLAIM THIS CAR. THERE WAS NO POSSIBLE DAMAGE. AND MR. AXON, ONE OF THE VICTIM TO SIGN A WAIVER. ONCE THE VICTIM REFUSED, HE LOCKED HIM IN THE LOT AND BLOCKED HIS EXIT TO LEAVE THE VEHICLE, WHICH CALLED THE SHERIFF'S DEPARTMENT BE CALLED. THEY BELIEVE THERE WAS PROBABLE CAUSE TO MAKE AN ARREST. I'M GOING TO OBJECT TO THIS. YOUR OBJECTION IS NOTED. GOOD. THIS CASE IS STILL GOING ON AT THIS. AT THIS DATE AND TIME. STILL. ON MAY THE 29TH, A COPY OF THE HEARING WAS POSTED FOR BOTH PROPERTIES ON THE BAY COUNTY GOVERNMENT WEB CENTER WEBSITE. ON JUNE 2ND. BOTH PROPERTIES WERE WERE POSTED.
THIS IS FOR 2722 80 13TH STREET. SLIDE 94. AGAIN, THESE ARE PHOTOS OF THE PROPERTY AS IT AS IT LAID. AND ON JUNE THE 2ND. IT WAS. DURING THIS WHOLE TIME NO CHANGES. THERE HAVE BEEN NO CHANGES. NO. WHEN YOU LOOK BACK IN THE FENCE, YOU YOU KNOW, GATE'S ALWAYS OPEN HERE. THERE'S ALWAYS TOW TRUCKS. NOW THERE'S A REFRIGERATED TRAILER THERE.
THAT'S THAT VEHICLE SPOKE OF AS NO TAG. THAT'S FROM THE RIGHT OF WAY. AND THAT'S WHERE ONE, TWO, THREE, FOUR WAS POSTED FOR THIS HEARING TODAY. THIS IS MY PRE-HEARING INSPECTION ON JUNE 9TH. THERE WERE NO CHANGES TO THE PROPERTY. OTHER THAN THE NOTICES HAVE BEEN PICKED UP. YOU CAN SEE THE TOW TRUCKS. ON THIS. THIS CASE IS SCHEDULED FOR COMPLIANCE HEARING ON JULY THE 16TH, 2025 AT 1 P.M. AND AT THIS POINT I HAVE NO FURTHER TESTIMONY. I WANT TO NOTE FOR THE RECORD THAT AT THE CONCLUSION OF THE ENFORCEMENTS TESTIMONY, THERE HAVE BEEN 133 PHOTOGRAPHS SHOWN AND THEY WILL ALL BE INTRODUCED INTO EVIDENCE IN CONNECTION WITH THIS MATTER.
AND I'VE CONSIDERED THE MATERIAL CONTAINED IN EACH OF THEM. OKAY. ALL RIGHT. DO YOU WANT TO COME UP AND GIVE US YOUR NAME AND A GOOD MAILING ADDRESS, MR. ATKINSON? MY NAME IS JAMES ATKINSON, AND A GOOD MAILING ADDRESS IS 1234 NORTHEAST AVENUE IN PANAMA CITY. DO YOU HAVE ANY QUESTIONS OF THE CODE ENFORCEMENT OFFICER? I HAVE A NUMBER OF QUESTIONS. FLORIDA LAW
[01:00:06]
STATES THAT CODE ENFORCEMENT OFFICERS ARE NOT ALLOWED TO TAKE COMPLAINTS. SECRET COMPLAINTS.OBVIOUSLY, IN THE AREA, THERE ARE SIX VIOLATIONS OF FENCING WITHIN 350FT OF MY PROPERTY.
QUESTION IN THIS PARDON? IS THERE A QUESTION IN THIS? ARE YOU GOING TO TESTIFY? THE QUESTION IS, HAVE YOU NOT SEEN THE OTHER VIOLATIONS OF FENCING IN THE AREA? I HAVE OPENED A CASE ON IN THAT AREA. I HAVE A PROPERTY IN COMPLIANCE. SINCE YOUR CASE HAS BEEN OPENED. OKAY.
WHO INSTRUCTED YOU TO DO A COMPLAINT ON THE PROPERTY? I WAS DIRECTED FROM A PREVIOUS VIOLATION OF YOUR BLIGHTED STRUCTURE. THAT DURING THE COURSE OF THAT CASE, YOU STARTED WRECKING THE FENCE. APPEARED IN VIOLATION. AND I WENT BY AND OBSERVED THE VIOLATION AND OPEN THE CASE. OKAY. DO YOU NORMALLY RESEARCH THINGS TO PUT. DEROGATORY INFORMATION INTO A CODE ENFORCEMENT COMPLAINT? THAT HAS NOTHING TO DO WITH THE CODE ENFORCEMENT COMPLAINT. PURPOSE OF THIS CHARGE IS THAT YOU'RE OPERATING A BUSINESS THERE. SO I'M ESTABLISHING THE EVIDENCE THAT I FEEL IS NECESSARY TO PROVE THAT YOU ARE OPERATING A BUSINESS. OKAY. SO YOU'RE UNAWARE THEN, THAT THIS OCCURRENCE WHERE I WAS WRONGFULLY ARRESTED UNDER STATE STATUTE 810 .08, OCCURRED ON A DIFFERENT PROPERTY. ALL I KNOW IS WHAT THE AFFIDAVIT LISTED IS THE SITE OF THE INCIDENT. DO YOU KNOW THE OUTCOME OF THIS CASE FROM THE SHERIFF'S DEPARTMENT WRONGFULLY ARRESTING ME UNDER STATE STATUTE 810 .08. DO YOU KNOW THE OUTCOME OF THAT? ACCORDING TO THE CLERK OF THE COURT, IS STILL AN ONGOING STILL AN ONGOING CASE. SO THERE'S NOT A NOT A GUILTY OR INNOCENT, YOU KNOW, YOU KNOW WHAT THIS IS, YOUR HONOR, THE FENCE ON EAST AVENUE ON 13TH STREET WAS REMOVED. AND IF CODE ENFORCEMENT HAD DRIVEN BY YESTERDAY AFTERNOON AT APPROXIMATELY 1:00 IN THE AFTERNOON, THEY WOULD HAVE SEEN THE FENCE IS TOTALLY BEEN REMOVED ON THAT PIECE OF PROPERTY. SO THAT PROPERTY, AS OF YESTERDAY IS IN COMPLIANCE.
THE OTHER REMAINING FENCE I SPENT TREMENDOUS TIME, EFFORT AND MONEY TO IMPROVE THE NEIGHBORHOOD AND MAKE SURE THAT THE PROPERTY WAS NOT A NUISANCE TO THE NEIGHBORS. THERE HAVE BEEN A NUMBER OF CALLS BY. THE NEIGHBORS AND A NUMBER OF CALLS TO THE PROPERTY. AND I HAVE A SON THAT IS MENTALLY ILL. HE IS NOW IN THE BAY COUNTY JAIL. I'VE TRIED FOR THREE YEARS TO GET HIM MENTAL HELP AND TO GET HIM THE PROPER MEDICATION, THE PROPER HEALTH CARE. BUT THE STATE OF FLORIDA BASICALLY HAS A SITUATION WHERE YOU EITHER GET INCARCERATED, YOU DON'T GET MENTAL HEALTH. MY SON WAS BASICALLY HOMELESS. I GAVE HIM A PLACE TO STAY. I HAD A TENANT THAT WAS THERE THAT CONSTANTLY THE NEIGHBOR CONSTANTLY CALLED ABOUT NOISE COMPLAINTS ON HIM.
THERE'S APPROXIMATELY, I DON'T KNOW, MAYBE 10 OR 15 OF THESE COMPLAINTS ARE FOR NOISE COMPLAINTS. AT NO TIME DID THE SHERIFF'S OFFICE EVER FIND THAT THERE WAS A VIOLATION OF THE NOISE COMPLAINT. THERE WAS A CALL, BUT THERE WAS NEVER A VIOLATION. THE TENANT THAT I HA, THERE IS HAS LEGAL BEEN LEGALLY EVICTED AS OF THE LAST 60 DAYS. AND MY SON WITH HIS SEVERE MENTAL ISSUES, HE IS NOW CURRENTLY IN THE BAY COUNTY JAIL. THE FENCE IS APPROXIMATELY DEPENDING ON WHERE YOU MEASURE IT FROM. IT IS APPROXIMATELY 8 TO 12IN OVER THE CODE HEIGHT AND I. I INSTRUCTED THE AS I AS I TOLD THE CODE ENFORCEMENT OFFICER I WAS GOING TO APPLY FOR
[01:05:07]
A VARIANCE. BUT AT THIS POINT IN TIME, I'M JUST GOING TO GO AHEAD AND TAKE THE FENCE DOWN TO THE REQUIRED HEIGHT SO THAT IT'S BELOW THE REQUIRED HEIGHT. I WOULD HAVE ALREADY DONE THAT BY NOW, BUT I WORKED OVER THERE FOR THREE DAYS WORKING ON THE FENCE, AND BASICALLY I GOT ALMOST GOT HEATSTROKE TWO DAYS. SO. WHEN THAT HAPPENED, I HAD TO QUIT FOR THE REST OF THE DAY. AND SO I WILL HAVE THE FENCE AND COMPLIANCE WITHIN THE NEXT WEEK OR SO. ANYTHING ELSE? I DO LIVE AT THIS ADDRESS. I DO DRIVE TOW TRUCKS. I DO NOT STORE ANY REPOSSESSED VEHICLES THERE. I DO DRIVE MY WORK TRUCK BACK AND FORTH TO MY HOME. THE TRUCKS THAT HE PICTURED, THE TOW TRUCKS. THESE PICTURED ARE LICENSE TAGGED VEHICLES. I HAVE NOT BEEN ARRESTED FOR DOING. AS AS HE'S INDICATED HERE. IT'S AN ABSOLUTE FALSE STATEMENT TO THE COURT. I WAS NOT ARRESTED AT THIS LOCATION FOR FALSE IMPRISONMENT AND. WHERE WERE YOU ARRESTED FOR THAT? AT MY STORAGE LOT. WHERE'S THAT LOCATED? IT'S OFF HIGHWAY 231, IN AN INDUSTRIAL AREA. THE WHICH? THE CODE, THE C1 CODE ALLOWS FOR ME TO OPERATE A BUSINESS OUT OF THIS LOCATION. THE CODE DOES NOT ALLOW ME TO HAVE A STORAGE YARD AT THIS LOCATION. I DO NOT HAVE A STORAGE YARD AT THIS LOCATION.THE TRUCKS THAT I HAVE HAVE TAGS ON THEM AND I COME AND GO AT THEIR. AND I'M NOT TOWING CARS AND STORING THEM AT THAT LOCATION. THERE SEEMED TO BE A QUESTION ABOUT THE TRAILER IN THE BACK. I ALSO WANT TO CONSTRUCTION COMPANY AND THAT THAT TRAILER IS USED TO TOW MY EQUIPMENT FROM ONE LOCATION TO THE OTHER. I HAVE A SKID STEER, I HAVE A SKYTRAK, I HAVE A NUMBER OF DIFFERENT PIECES OF EQUIPMENT, AND I USE THAT TRAILER TO GO AND TOW STUFF. AND BASICALLY THE ONE PROPERTY IS IN COMPLIANCE. AND THE OTHER PROPERTY WILL BE IN COMPLIANCE WITHIN THE NEXT COUPLE OF DAYS. ANYTHING FURTHER? WELL, THAT'S BASICALLY IT. OKAY. WELL, MR. ATKINSON, YOU KNOW, YOU SAY THAT AS OF YESTERDAY, YOUR PROPERTY WAS BROUGHT INTO COMPLIANCE AND I, I KNOW THAT I HAVE HEARD A NUMBER OF CASES IN WHICH YOU'VE BEEN MADE AWARE OF THE ISSUES AND THINGS LIKE THAT. THE COUNTY HAS HAD TO RESORT TO SEEK INJUNCTIVE RELIEF TO MAKE YOU COME INTO COMPLIANCE AS IT RELATES TO THE OPERATION OF THE BUSINESS THERE. SO YOUR.
TESTIMONY OR ASSERTIONS THAT YOU'VE, YOU KNOW, TRIED TO DO EVERYTHING BY THE BOOK AND EVERYTHING, AND THEN YET YOU CONCEDE THAT THE FENCE IS TOO TALL AND EVERYTHING, EVEN EVEN AS WE'RE HERE TODAY AS IT RELATES TO THE BUSINESS PROPERTY. SO, YOU KNOW. YOU PUSH EVERYTHING TO THE LIMIT. I DON'T KNOW ANY OTHER WAY TO PUT IT. YOU PUSH IT AND YOU PUSH IT AND YOU PUSH IT, AND WHEN YOU DON'T GET YOUR WAY, YOU GO TO MAKING ALLEGATIONS AGAINST SECRET MEETINGS OR ABOUT SECRET MEETINGS AND THINGS LIKE THAT. AND, YOU KNOW, SO. SO MUCH FOR THAT. I DON'T KNOW, I JUST. YOUR TESTIMONY DOESN'T HAVE MUCH CREDENCE WITH ME. I DON'T KNOW ANY OTHER WAY TO PUT IT. IT SEEMS THAT THAT YOU DON'T THINK THAT THE RULES APPLY TO YOU UNTIL YOU ARE ABOUT TO SUFFER SOME CONSEQUENCES FROM IT. SO. I'M GOING TO FIND THAT THAT THE
[01:10:13]
PROPERTY LOCATED AT 2728 EAST 13TH STREET AND THE PROPERTY LOCATED AT 1234 NORTHEAST AVENUE, ARE BOTH LOCATED WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE ARE BOTH SUBJECT TO THE PROVISIONS OF CHAPTER 13 AND CHAPTER SIX OF THE BAY COUNTY LAND DEVELOPMENT REGULATIONS. NOTICE HAS BEEN PROVIDED TO YOU BY POSTING AND BY MAIL, AND YOU HAVE APPEARED AND TESTIFIED AT THIS HEARING, AS WELL AS BEEN AFFORDED THE OPPORTUNITY TO ASK THE CODE ENFORCEMENT INVESTIGATOR QUESTIONS REGARDING HIS TESTIMONY. AS I INDICATED PREVIOUSLY, I HAVE RECEIVED 133 PHOTOGRAPHS INTO EVIDENCE. I HAVE CONSIDERED THE CONTENTS OF EACH AND EVERY ONE OF THOSE, BASED ON THE TESTIMONY THAT I HAVE HEARD FROM THE CODE ENFORCEMENT, AND FROM OR SEEN IN THE FORM OF THE PHOTOGRAPHS WHICH HAVE BEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT AS OF AT LEAST JUNE THE 9TH, AT 9:54 A.M, YOU WERE IN VIOLATION.AS IT RELATES TO REGULATION 603 AND 1305 ON BOTH OF THOSE PROPERTIES REGARDING THE FENCING THERE, YOU MAY HAVE CHANGED IT SINCE THEN. YOU MAY HAVE REMOVED THE PROPERTY, THE FENCING AS TO THE 13TH STREET, BUT THE ORDER WILL REFLECT THAT THE VIOLATION EXISTED AS OF JUNE THE 9TH, 2025. YOU SHALL HAVE A PERIOD OF TEN DAYS FROM THE DATE OF THIS ORDER TO BRING THE PROPERTY INTO COMPLIANCE BY CORRECTING THE FENCE HEIGHT AND REMOVING. DOES THIS PROPERTY PROHIBIT A TOW OPERATION? DOES A CODE TOW REPO BUSINESS AND STORAGE. OKAY. ALL RIGHT. ANY EQUIPMENT RELATED TO TOWING, REPOSSESSION OR STORAGE OF VEHICLES MUST BE REMOVED FROM THE PROPERTY WITHIN THAT TEN DAYS. LET ME CORRECT MYSELF. I BELIEVE THE PERMANENT INJUNCTION ALLOWS HIM TO HAVE ONE TOW TRUCK FOR HIS PERSONAL USE. OKAY. ALL RIGHT. ONE TOW TRUCK CAN REMAIN THERE PURSUANT TO THE TERMS OF THE INJUNCTION. AN INJUNCTION ISSUED IN THE CASE CITED AND INCLUDED AS A AN EXHIBIT IN CONNECTION WITH THIS TESTIMONY OF CODE ENFORCEMENT. IF YOU FAIL TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE CODES, ORDINANCES AND REGULATIONS WITHIN THE TEN DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, YOU WILL BE FINED AN INITIAL FINE OF $500. AND A DAILY FINE OF $50. THAT FINE SHALL BEGIN TO BE IMPOSED AFTER THE 10TH DAY, AND IT SHALL BE IMPOSED FOR A PERIOD OF 20 DAYS, OR WHENEVER THE PROPERTY IS BROUGHT INTO COMPLIANCE. IT SHALL BE YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT THAT THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE, SO THAT THEY MAY CONDUCT AN INSPECTION IN ORDER TO STOP THE FINES FROM RUNNING.
THAT FINE SHALL BECOME A LIEN ON THE PROPERTY, BOTH REAL AND PERSONAL, LOCATED HERE IN BAY COUNTY. ANYTHING ELSE? JUST THAT. WE'LL HAVE A COMPLIANCE HEARING ON JULY 16TH. OKAY. ALL RIGHT. YEP. THEY WILL THEY WILL CHECK IT. AND WE'LL HAVE TESTIMONY AGAIN ON JULY THE 16TH AT 1 P.M. AS TO WHETHER THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE. THAT WILL CONCLUDE THIS HEARING. THAT WILL BRING US TO ITEM A. PROPERTY ADDRESS IS 9104 NORTH SILVER LAKE.
THIS SLIDE NUMBER TWO IS JUST AN AERIAL VIEW FOR LOCATION PURPOSES, SO THAT THE PROPERTY IS LOCATED IN THE UNINCORPORATED AREA OF BAY COUNTY, COMMONLY KNOWN AS FOUNTAIN. THIS LITTLE PIN DROP ON THE LEFT IS. WHERE THE PROPERTY IS LOCATED. CLOSER UP. AERIAL VIEW OF THE PROPERTY
[01:15:10]
AND WE'RE GOING TO BE DISCUSSING THIS LITTLE. STRUCTURE THAT'S CIRCLED HERE IN THE BLUE ON FEBRUARY 9TH, 2020 FOR THE BUILDING, BAY COUNTY BUILDING SAFETY DEPARTMENT RECEIVED A COMPLAINT OF WORKING WITHOUT PERMITS ON THIS PROPERTY. AND ON THAT SAME DATE, TYPO ON THE SCREEN. IT SHOULD BE TWICE 24, NOT 25. IT'S CORRECT IN THE EIR THAT'S ON SLIDE NUMBER FOUR.YEAH, THAT DATE SHOULD BE 20254I MEAN YEAH TWO FOUR. EXCUSE ME 24. SO ON FEBRUARY 9TH 2024 TRADES INVESTIGATOR TINA MOODY AND DONNA NEWELL INSPECTED THIS PROPERTY BASED ON THAT COMPLAINT. AND DONNA IS HERE TO TESTIFY. DONNA, COULD YOU STATE YOUR FULL NAME FOR US, PLEASE? DONNA NEWELL, BUILDING SAFETY DIVISION, CONTRACTOR, LICENSING TRADES INVESTIGATOR. AND ON NOVEMBER, THE PHOTOS THAT WE'RE DISPLAYING HERE FROM FEBRUARY 9TH, 2024, YOU WERE PRESENT FOR THOSE PHOTOS. I WAS OKAY. AND CAN YOU TELL US ABOUT THAT SITE VISIT THAT DAY AND WHAT YOU OBSERVED? WE RECEIVED THE COMPLAINT FROM A NEIGHBOR ACROSS THE STREET, AND AS WE PULLED ONTO THE PROPERTY, THERE WAS OBVIOUSLY A STRUCTURE BEING BUILT. WE CHECKED OUR RECORDS TO MAKE SURE THAT THERE WAS NOT A SET OF BUILDING PERMITS ISSUED FOR THAT PROPERTY. THERE WERE NO PERMITS, THERE WAS NO ONE PRESENT AT THE TIME, BUT THERE WAS EVIDENCE OF LOTS OF BUILDING MATERIAL AND ACTIVE CONSTRUCTION GOING ON. ON FEBRUARY 15TH. EXCUSE ME. LET ME THE STRUCTURE SHOWN IN SLIDE NUMBER FIVE IS THE TYPE OF STRUCTURE THAT WOULD IN FACT REQUIRE A BUILDING PERMIT. YES, SIR. OKAY. ALL RIGHT. THAT'S IT. I'M SORRY. THAT'S OKAY. AGAIN, FOR THE RECORD, ANOTHER TYPO ON THE YEAR FOR FEBRUARY 15TH. INVESTIGATOR TINA MOODY COMPLETED A RE-INSPECTION. WERE YOU WITH HER AT THAT TIME? YES, I WAS OKAY. AND YOU DESCRIBED TO US WHAT YOU OBSERVED THAT DAY AND WHAT WE'RE SEEING IN THESE PHOTOS ON RE-INSPECTION OF THE PROPERTY.
WE DID FIND ACTIVE CONSTRUCTION WITH WORKERS ON SITE. ANOTHER STOP WORK ORDER WAS POSTED ON THE PROPERTY ON THAT DATE. THE BAY COUNTY SHERIFF'S OFFICE HAD TO BE CALLED TO ASSIST HAVING THE WORKERS AND THEIR EQUIPMENT REMOVED FROM THE PROPERTY. AND THEN THAT'S WHAT WAS THE STOP WORK ORDER IS IN. SLIDE NUMBER SEVEN IS WHAT WE'RE SEEING. YES. WORK VANS AND SLIDE NUMBER EIGHT AND NINE. YES. CORRECT. ON FEBRUARY 28TH, 2024, THE PROPERTY CHANGED OWNERSHIPS TO A FRANKLIN LOPEZ CONTACT WAS MADE WITH MR. LOPEZ BY THE BUILDING DEPARTMENT. YES. MISS MOODY MADE CONTACT WITH HIM. OKAY. AND HE PROVIDED A DEED AND BEGAN THE WORK PERMIT APPLICATION.
HOWEVER, THAT WAS NEVER COMPLETED. CORRECT. THE PERMIT APPLICATION WAS NEVER COMPLETED NOR TURNED IN, SO NO PERMITS WERE ISSUED FOR ANY CONSTRUCTION. AND HE IS NOT.
HE'S NO LONGER THE PROPERTY OWNER. HE IS CORRECT. HE IS NO LONGER THE PROPERTY OWNER. SO THE PROPERTY CHANGED HANDS AGAIN ON MAY 10TH, 2024 TO THE CURRENT RESPONDENT ON JANUARY 14TH. DID YOU RECEIVE OF THIS YEAR 2025? DID YOU RECEIVE ANOTHER COMPLAINT ABOUT THIS STRUCTURE? WE DID RECEIVE ANOTHER COMPLAINT FROM THE NEIGHBOR ACROSS THE STREET WHO SAID THAT THEY WERE AWARE OF CONSTRUCTION ACTIVITY AT THAT PROPERTY, AND YOU DID A COMPLETED INSPECTION. WE DID AN INSPECTION ON JANUARY THE 14TH. THERE WAS A HALF BUILT, ELEVATED STRUCTURE ON THAT PROPERTY, STILL NO PERMITS ISSUED, AND ANOTHER STOP WORK ORDER WAS PLACED ON THE STRUCTURE.
STARTING WITH SLIDE NUMBER 12, WHERE YOU'RE SHOWING THE ELEVATED STRUCTURE. CORRECT.
THIS IS ANOTHER PHOTOGRAPH OF THAT SAME STRUCTURE. BUILDING MATERIALS ON THE PROPERTY AS THOUGH ACTIVITY IS STILL CONTINUING. THOSE ARE BRAND NEW STAIR STRINGERS THAT WERE ALSO
[01:20:04]
ON THE PROPERTY. AND YOU SEND A NOTICE ON JANUARY 24TH, YOU SENT A NOTICE OF VIOLATION FOR WORKING WITHOUT PERMIT. WE DID. HAVE YOU HAVE YOU HAD ANY CONTACT WITH THE PROPERTY OWNER? HAVE NOT. NO RESPONSE FROM HIM? NO. ON FEBRUARY 12TH YOU'VE COMPLETED ANOTHER SITE INSPECTION. YEAH. THE STOP THE ORIGINAL STOP WORK ORDER THAT HAD BEEN PREVIOUSLY PLACED WAS REMOVED. SO ANOTHER STOP WORK ORDER WAS POSTED ON THE SITE. THERE WAS NO ACTIVITY AT THE TIME OF THIS INSPECTION. ACTUALLY, AT THIS TIME I WOULD LIKE TO ASK OUR BUILDING OFFICIAL TO A COUPLE QUESTIONS FOR HIM WHILE WE'RE LOOKING AT THESE PHOTOS. GOOD MORNING. GOOD MORNING, ROBERT. ROBERT GOULET, BAY COUNTY BUILDING OFFICIAL. DID YOU HAVE AN OPPORTUNITY TO DO A SECOND SESSION ON THIS PROPERTY? I DID IN APRIL OF 2025. OKAY. SO LET ME GO BACK.WELL, LET ME GO BACK TO THE SLIDES THAT HAVE THE ACTUAL STRUCTURE ON IT THAT WE'RE SEEING. WOULD YOU AS A BUILDING OFFICIAL? CONFIRM THAT THIS IS AN UNSAFE STRUCTURE? IT IS. I WAS ABLE TO WALK INTO THAT LOCATION RIGHT WHERE THIS PHOTO WAS TAKEN. IF I MAY HAVE I MAY HAVE ACTUALLY TAKEN THAT PHOTO. I TOOK A BATTERY OF THEM WHILE I WAS THERE. I WAS ABLE TO WALK IN FROM THE ROAD UNIMPEDED. THERE WERE NO FENCES. THERE WAS NO NO TRESPASSING SIGNS. IT WAS VERY EASY TO WALK IN. WHEN I HAD NOTED THAT THERE WAS NO ONE THERE. THERE WERE FRESH TIRE TRACKS. THERE WAS EVIDENCE OF PEOPLE THAT HAD BEEN THERE. WHEN I HAD NOTED NO ONE WAS THERE. I EXITED QUICKLY BECAUSE I DIDN'T WANT TO BE TRESPASSING ON ANYBODY'S PROPERTY. I DID HEAR, IF YOU LOOK AT THE LEFT OF THAT PICTURE, THAT LITTLE COVERED AREA WAY OVER TO THE LEFT, THAT AREA WAS HAD LIVESTOCK. I WANT TO SAY THEY SOUNDED LIKE CHICKENS, BUT THERE WAS LIVESTOCK ACTIVE ON THE PROPERTY. WHEN I WAS THERE. I COULD HEAR THEM, I COULD NOT SEE THEM, BUT I COULD HEAR THEM. DOES THIS STRUCTURE APPEAR TO BE SECURED TO WHERE CHILDREN OR.
COULD NOT ACCESS THE STRUCTURE AND. THERE MAY BE SOMETHING PUBLIC SAFETY? OH, YES. BY ANY IF I IF I WERE TO CONTINUE GOING, I COULD HAVE GONE UP TO THE SECOND FLOOR AND OUT ON THAT ON THAT BALCONY, OBVIOUSLY, BUT I DID NOT WANT TO ENTER THE STRUCTURE. THE NO SAFETY BALCONIES. THERE WAS THERE WAS NOTHING TO STOP ANYBODY FROM GOING UP THERE, THAT'S FOR SURE.
CAN YOU GO BACK A SLIDE? OKAY. IN IN LOOKING AT THIS IS SLIDE NUMBER 20 FOR THE PURPOSE OF THE RECORD AND LOOKING AT THE. STRUCTURE THAT'S DEPICTED HERE TO THE LEFT SIDE OF THE. I'M GOING TO CALL IT THE UPPER DECK RIGHT THERE ON THOSE SUPPORT BEAMS. THERE SEEMS TO BE A VARIATION IN THE ELEVATION OF THE DECK TO THE LEFT, AND THE DECK TO THE RIGHT IS THERE IS THAT A WHAT I'M GOING TO CALL A STRUCTURALLY GOOD IDEA, OR IS IT PROBABLY NOT. HAD THIS BEEN PERMITTED, AND HAD OUR DEPARTMENT STAFF BEEN CONDUCTING INSPECTIONS? AND OBVIOUSLY IF THIS WAS IF THIS DESIGN THAT YOU ACTUALLY HAD JUST MENTIONED HAD BEEN OVERSEEN BY A FLORIDA REGISTERED DESIGN PROFESSIONAL, WE PROBABLY WOULDN'T BE SEEING THAT IN THE PHOTO. OKAY. IT JUST I DON'T KNOW IF THEY WERE CORRECTING A BOO BOO OR IT WAS DESIGNED TO BE THAT. NO, THAT'S A GREAT OBSERVATION. BUT OKAY, THAT'S ALL I HAD AS IT RELATES TO THAT. WHAT'S THAT? WE DID WITH THE AMOUNT OF TIME THAT THIS CASE HAD BEEN IN OWNERSHIP CHANGING AND TALKING TO OUR BUILDING OFFICIAL, WE DID DECIDE, MYSELF AND THE BUILDING OFFICIAL, THAT CODE ENFORCEMENT WOULD PURSUE THE UNSAFE STRUCTURE ORDINANCE. AND. WE DID SEND OUT NOTICES OF VIOLATION
[01:25:01]
NOTICE OF HEARING TO THE CURRENT PROPERTY OWNER. THE NOTICE WAS RETURNED UNCLAIMED WITH NO FORWARDING ADDRESS, AND WE HAVE HAD NO CONTACT FROM THE PROPERTY OWNER AT THIS TIME. NO AND NO PERMITS HAVE BEEN APPLIED FOR. CORRECT? CORRECT. AND THIS IS ALSO. SCHEDULED FOR A COMPLIANCE HEARING ON JULY 16TH AT 1:00. OKAY. IN LOOKING AT THE AGAIN, LET'S LET'S GO BACK ONE PHOTOGRAPH IN LOOKING AT THAT PHOTOGRAPH THERE OBVIOUSLY NO RAILINGS AROUND THE UPPER DECKING AREA. WHICH WOULD. I THINK THAT OSHA WOULD REQUIRE SOME SORT OF BARRIER OR SOMETHING TO KEEP THE WORKERS FROM WALKING OFF THE EDGE. IS THAT THAT CORRECT FALL PROTECTION OKAY. ALL RIGHT. DID YOU SEE ANYTHING THAT WOULD IMPEDE ANYONE FROM ENTERING THE STRUCTURE AND THEN ACCESSING THE SECOND FLOOR IN ANY WAY? OKAY. NOW AGAIN, IN LOOKING AT THIS, THIS IS PHOTOGRAPH NUMBER 20 TO THE LEFT HAND SIDE. THE DECK APPEARS TO BE LETTING SUNLIGHT THROUGH. SO IT WAS THERE ANY DECKING UP THERE OR WAS IT JUST THE STRINGERS FOR THE APPEARED TO BE LOOSE PLANKS THAT HAD NOT BEEN COMPLETED YET. OKAY. SO AGAIN THAT WOULD POSE ANOTHER UNSAFE CONDITION ON THE PROPERTY. YES, SIR. OKAY. ALL RIGHT. I THINK THAT ANSWERS ALL OF MY QUESTIONS. OKAY. AND THERE WERE OTHER INSPECTIONS COMPLETED APRIL 10TH, BUT WITH JUST NO CHANGES WITH THE PROPERTY. THE STOP WORK ORDERS FOR PLACE AT THE DRIVEWAY. AND ON MAY 22ND, THE NOTICE OF THE HEARING WAS POSTED AT THE PROPERTY. AS YOU SAID. AND LOOKS LIKE IT WAS REMOVED. IT LOOKS LIKE IT WAS REMOVED. YEAH. ON JUNE 5TH. YEAH. SO THAT'S THE LAST. THE STOP WORK ORDER IS STILL THERE, BUT THE NOTICE OF THE HEARING HAS BEEN REMOVED AS OF JUNE. IT SAYS IN THE IN THE INVESTIGATIVE REPORT THAT ON THE 10TH YOU DID A RE-INSPECTION AND FOUND IT TO CONTINUE TO REMAIN IN VIOLATION. YES, SIR. OKAY. DID YOU SEE ANY EVIDENCE OF WHAT I'M GOING TO CALL FURTHER CONSTRUCTION? IN OTHER WORDS, VIOLATING THE STOP WORK ORDER? NO, SIR. OKAY. ALL RIGHT. ALL RIGHT. AND NOBODY'S HEARD FROM MR. ALVARADO AT ALL? NO, SIR. ALL RIGHT. ALRIGHTY.BASED ON THE TESTIMONY THAT I'VE HEARD AND THE EXHIBITS THAT I HAVE SEEN IN THE FORM OF PHOTOGRAPHS APPEAR TO BE 25 PHOTOGRAPHS INTRODUCED INTO EVIDENCE AS IT RELATES TO THIS PARCEL. AND I HAVE CONSIDERED EACH AND EVERY ONE OF THOSE IN THE MATTERS CONTAINED THEREIN.
I'M GOING TO FIND THAT THERE IS A VIOLATION OF 1702, IN THE FORM OF AN UNSAFE STRUCTURE FOR THE MATTERS PREVIOUSLY RECITED IN OUR DISCUSSIONS. DEFINITION OF AN UNSAFE STRUCTURE IS CONTAINED WITH THE INVESTIGATIVE REPORT, AND I HAVE CONSIDERED THAT DEFINITION IN LIGHT OF THE TESTIMONY. I AM THEREFORE GOING TO FIND THAT THE PROPERTY LOCATED AT 9104 NORTH SILVER LAKE ROAD IN FOUNTAIN, IS WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE, THAT NOTICE WAS GIVEN TO THE RESPONDENT BY POSTING AND SOME EVIDENCE THAT THE POSTINGS HAVE BEEN TAKEN DOWN SO SOMEBODY IS AWARE OF WHAT'S GOING ON, AND ALSO BY MAIL, THERE IS A VIOLATION OF 1702, IN THE FORM OF AN UNSAFE STRUCTURE ON THE PREMISES. AGAIN, FOR THE MATTERS PREVIOUSLY DISCUSSED IN THE TESTIMONY OF THE BUILDING
[01:30:07]
OFFICIAL AND THE INVESTIGATOR, THE RESPONDENT SHALL HAVE A PERIOD OF 30 DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY ADDRESSING ALL OF THE UNFIT OR UNSAFE MATTERS IN THE STRUCTURE, AS FOLLOWS. APPLY FOR AND OBTAIN A DEMOLITION PERMIT TO DEMOLISH THE UNFIT OR UNSAFE STRUCTURE 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 ALL OF THE UNFIT OR UNSAFE STRUCTURE IN THE FOLLOWING MANNER. SUBMIT A COMPLETE BUILDING PERMIT APPLICATION TO THE BUILDING DEPARTMENT. THE APPLICATION SHALL INCLUDE A FULL STRUCTURAL REPORT AND A COMPLETE SET OF STRUCTURAL REPAIR DRAWINGS FROM A FLORIDA LICENSED AND REGISTERED DESIGN PROFESSIONAL TO THE CODE ENFORCEMENT DIVISION. SUBMIT A DETAILED ACTION PLAN TO INCLUDE TIME FRAMES OUTLINING THE NECESSARY REPAIRS FOR THE STRUCTURE TO THE CODE ENFORCEMENT DIVISION. ALL PERMITS ENGINEERING PLANS MUST GO THROUGH THE. PLAN REVIEW PROCESS BEFORE THE PERMITS WILL ISSUE. A PERMIT INSPECTION MUST 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 MUST BE COMPLETED AND ALL PERMITS MUST BE FINALIZED IN ORDER FOR THE REPAIRS TO BE DEEMED COMPLETE. IF AT ANY TIME THE REQUIRED PERMITS UNDER THE ORDER EXPIRE, CANCEL, REVOKED, OR OTHERWISE BECOME INVALID FOR ANY REASON, IT SHALL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IT'S THEO 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 WITHIN 30 DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, A FINE OF $1,000 SHALL BE IMPOSED AND THE 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 THE RESPONDENTS OBTAIN EITHER A DEMOLITION OR A BUILDING PERMIT WITHIN THE TIMEFRAME SET FORTH ABOVE, BUT THEN ALLOW THE PERMIT TO EXPIRE OR HAVE IT CANCEL REVOKED, OR IT BECOMES VOID FOR ANY REASON THAT SHALL BE DEEMED A DEFAULT AND A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. HAVE A COMPLIANCE HEARING ON JULY THE 16TH AT 1:00 IN THIS ROOM AND.OKEY DOKE. THIRD AND LAST. AND YES, THANK YOU ALL FOR EACH OTHER. THANK YOU, THANK YOU.
OKAY. YOU DID. OH, OKAY. THIS IS A REQUEST FROM. YOU. CAN YOU COME ON UP? ALL RIGHT. WE'LL HAVE TO SWEAR YOU IN AND. DO IT LATER IN. COULD YOU CLARIFY THAT? MAY NOT BE ABLE TO. OKAY. YES I DO. OKAY. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. MY NAME IS PAUL MCGRATH. I'M AT 761 WESTWOOD BEACH CIRCLE. OKAY. ALL RIGHT. WHAT WAS THE PURPOSE OF THIS HEARING? I'M NOT EXACTLY SURE. IT JUST SAYS AMENDED FINAL ORDER TO IMPOSE A LIEN. WHAT? THEY WANTED A REDUCTION IN THE. OKAY. ALL RIGHT. IT'S HIS. HIS MOTION, SO TO SPEAK. YEAH, IT'S HIS MOTHER'S. MY. TELL US. TELL US WHAT YOU WANT. YES, SIR. MY, I, APPARENTLY I CHECKED OUT SOME OF THE SOME OF THE OLD HEARINGS ONLINE, AND I HEARD Y'ALL IMPOSING FINES AND STUFF, AND I CALLED MY PARENTS AND TOLD THEM THEY'RE THEY'RE ALMOST 80 YEARS OLD AND THEY DON'T REALLY UNDERSTAND WHAT'S GOING ON. I GUESS WHEN Y'ALL WERE SENDING THEM, SENDING THEM THINGS AND I
[01:35:05]
MADE THEM AWARE OF WHAT WAS GOING ON, AND PLEASE DON'T KILL THEM WITH FINES. AND THIS IS, THIS IS WAS ALL MY FAULT. I'VE BEEN WORKING SIX DAYS A WEEK PLUS FOR THE LAST THREE YEARS STRAIGHT. AND I LET THINGS GET A LITTLE STACKED UP. I'VE GOT RID OF THE CARS. I'VE GOT. I'VE GOT THE YARD CLEANED UP. I'VE BEEN WORKING MY TAIL OFF ON IT, AND I NEED I NEED SOMEBODY TO COME INSPECT IT AND LET ME KNOW IF IT'S WHERE IT NEEDS TO BE. AND MAN, THAT'S ALL I GOT. IT WAS BROUGHT INTO COMPLIANCE BY THE WELL, EITHER YOU OR THE PROPERTY OWNER ON MAY 5TH BY ME. THEY THEY DON'T COME OUT THERE ANYMORE. THEY OWN THE THEY OWN THE PROPERTY, BUT THEY DON'T COME OUT THERE ANYMORE. JUST FOR THE RECORD, THAT HE DID BRING IT IN, JUST NOT WITHIN THE TIME FRAME. I DON'T THINK THEY WERE IGNORING YOU OR ANYTHING. I THINK I THINK THEY PROBABLY ASSUMED THAT I WAS GETTING THESE NOTICES AS WELL, AND I WAS NOT. I, I DIDN'T KNOW I LOST MY WIFE IN THE MIDDLE OF FEBRUARY AND I KNOW IT WAS IT WAS GOING ON THEN, AND I DIDN'T EVEN FIND OUT ABOUT THIS UNTIL ABOUT THE END OF FEBRUARY. IT'S TAKEN ME A LITTLE WHILE TO GET EVERYTHING DONE, BUT I'VE GOT IT DONE, I BELIEVE. OBVIOUSLY IT'S BEEN FAIRLY RECENT SINCE WE HAD THE HEARING BECAUSE THE ORDER WAS, WELL, I SIGNED IT ON THE 28TH, BUT IT WAS NUNC PRO TUNC, WHICH MEANS IT BACKS IT UP TO MAY THE 14TH. SO I MEAN, IT'S LAST MONTH, SO TO SPEAK I GUESS. BUT YOU SAY THAT IT IS PRESENTLY IN COMPLIANCE. OKAY. I HAVE SEVERAL PAGES YESTERDAY. BUT IN THE YEARS HE DID IT FOR A FEW DAYS. OKAY.WELL. I'M GOING TO AMEND THE ORDER ONE MORE TIME. I'M I'M OLD BACK OUT THE 14 DAYS, WHICH WAS $350, MAYBE $200 DOLLARS. OKAY, $500, BUT I APPRECIATE IT. I WORK, MOM AND DAD SEND YOU ALL THE NOTICES ON THIS SO YOU CAN KEEP IT STRAIGHT IF THERE'S AN ISSUE OR ANYTHING. YES, SIR.
THEY UNDERSTAND. THEY UNDERSTAND NOW THAT IF THEY GET SOMETHING FROM YOU, WHAT IT IS SO. AND IT NEEDS TO GET TO ME. I THINK THEY JUST ASSUMED THAT IT WAS COMING TO ME ALSO. WELL, I APPRECIATE THE FACT THAT YOU'RE TRYING TO DO RIGHT BY THEM AND, AND, YOU KNOW, KEEP THEIR AFFAIRS IN ORDER. AND I KNOW THAT WITH AGING PARENTS, THAT CAN BE DIFFICULT AT TIMES. YES, SIR. I CANNOT WAIVE THE INTEREST THAT HAS ALREADY ACCRUED. AND THAT WAS AS OF SIX, 11, $3.31. BUT I WOULD URGE YOU TO PAY IT OFF AS QUICKLY AS POSSIBLE, BECAUSE THE INTEREST RATE IS. PRETTY SPORTY.
I DON'T KNOW ANY OTHER WAY TO PUT IT. OKAY. WHERE DO I NEED TO PAY THIS AT? NO, I CAN'T, I CAN'T DO IT TODAY. I JUST NEED TO KNOW WHERE I NEED TO GO TO DO IT. LOCATED ON THE SECOND FLOOR.
WE'RE OPEN MONDAY IN THIS BUILDING. YES. OKAY. ALL RIGHT. CODE ENFORCEMENT ON THE SECOND FLOOR. YES, SIR. OKAY. I, FOR THE PURPOSE OF THE RECORD, THE. ORDER OF. MAY THE 28TH NUNC PRO TUNC TO MAY THE 14TH SHALL BE AMENDED TO REFLECT A FINE OF $200. I'M WAIVING THE DAILY FINE TOTALING $350. THE INTEREST AS OF. 611 WAS $3.31. WHATEVER. BY THE TIME YOU PAY IT OFF, THEY'RE
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GOING TO HAVE TO COMPUTE THE INTEREST TO THAT DATE. OKAY. SO IT'S GOING TO BE $200 PLUS PROBABLY, YOU KNOW, $5 A MAX, I GUESS. RIGHT. I UNDERSTAND, BUT THAT THAT'LL BE THE TOTAL FINE.THANK YOU I APPRECIATE THAT OKAY. ALL RIGHT I APOLOGIZE FOR TAKING SO LONG. WELL, NO, YOU KNOW, LIKE I SAID, YOU AT LEAST YOU'RE TAKING CARE OF YOUR PARENTS AS BEST YOU CAN. YES, SIR. YOU GET CREDIT FOR THAT, HAVE YOU? HAD YOUR CONTACT INFORMATION? I THINK THE OFFICER THAT WORKS THAT AREA. SO IF SOMETHING COMES UP, HE COULD CALL YOU DIRECTLY. OH, THAT'LL BE FINE. I'LL GIVE IT TO HIM IF HE NEEDS IT. OKAY. ALL RIGHT. OKAY. YES. I WANT AN ORDER. YES, PLEASE. ALL RIGHT. GOOD DEAL. THANK YOU. APPRECIATE YOU COMING IN. THANK YOU. OKAY, OKAY. GOT IT. ALL RIGHT, SO THAT BRINGS US TO THE LAST ONE ON OUR AGENDA TODAY. ITEM B, THE PROPERTY ADDRESS IS 19420 ALTA VISTA DRIVE. THIS IS A HEARING FOR A REPEAT VIOLATION OF OVERGROWTH.
SLIDE NUMBER TWO IS FOR LOCATION PURPOSES. THE PROPERTY IS LOCATED IN THE UNINCORPORATED AREA OF BAY COUNTY, LAGUNA BEACH. THAT TINY LITTLE BLUE SPOT RIGHT THERE, BACK BEACH ROAD, FRONT BEACH ROAD, THERE'S THE CAROUSEL CLOSER UP. AERIAL VIEW OF THE PROPERTY. THE BAY COUNTY CODE ENFORCEMENT BOARD AND OR THE SPECIAL MAGISTRATE HAS FOUND THIS PROPERTY IN VIOLATIONS ON MULTIPLE OCCASIONS. THE FOLLOWING CASES WERE PRESENTED TO THE BOARD OR MAGISTRATE IN THE PAST FIVE YEARS. COPIES OF THOSE ORDERS ARE INTRODUCED INTO EVIDENCE AND THEY ARE CONTAINED IN THE FILE. ALL THREE CASES LISTED HERE WERE CLAIMED BY THE COUNTY ON APRIL 9TH, 2025. INVESTIGATOR JOE TRIPP OBSERVED THIS PROPERTY AND HE IS HERE TO TESTIFY. GOOD MORNING AGAIN, INVESTIGATOR JOE TRIPP, BAY COUNTY CODE ENFORCEMENT I HAVE SUBMITTED MY INVESTIGATIVE REPORT FOR THE RECORD. NOTICES ARE INDICATED IN THE REPORT. PHOTOS ARE ATTACHED AS EXHIBIT B. THIS WAS MY INITIAL INSPECTION. THE PROPERTY FACES SOUTH. THIS WAS TAKEN FROM THE ROADWAY. OBVIOUSLY THE GRASS HERE AND PHOTO NUMBER FIVE IS IN EXCESS OF A FOOT AND A HALF TALL. THE FOLLOWING DAY I SENT A NOTICE OF HEARING, NOTICE OF VIOLATION, NOTICE OF HEARING BOTH CERTIFIED AND REGULAR, TO THE PROPERTY ADDRESS ON RECORD, WHICH IS 19 420 ARTHUR VISTA DRIVE. ACCORDING TO THE BAY COUNTY PROPERTY APPRAISER'S DATABASE, BOTH CERTIFIED AND REGULAR MAIL COPIES OF THE HEARING WERE RETURNED UNCLAIMED. FOR MAY 14TH. I INSPECTED THE PROPERTY. ALL VIOLATIONS REMAINED. I PUT A NOTICE OF HEARING ON THE PROPERTY MAY 29TH. NOTICE OF HEARING WAS POSTED AT THE GOVERNMENT CENTER. JUNE 9TH. THIS PAST MONDAY, HE INSPECTED THE PROPERTY. GRASS REMAINS IN VIOLATION. I HAVE HAD NO COMMUNICATION WHATSOEVER WITH THE PROPERTY OWNER. ONE OF THE NEIGHBORS TOLD ME THAT THEY THINK THE OWNER IS OUT OF THE COUNTRY, AND THIS IS ALSO SET FOR JULY 16TH AT 1 P.M. COMPLIANCE HEARING. OKAY. ALL RIGHT. BASED ON THE TESTIMONY I'VE HEARD AND THE PHOTOGRAPHS THAT I'VE SEEN, WHICH HAVE BEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 19420 ALTA VISTA DRIVE IN PANAMA CITY BEACH, IS WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE, NOTICE WAS GIVEN TO THE RESPONDENT BY POSTING. THERE HAVE BEEN PREVIOUS VIOLATIONS IN WHICH THE PROPERTY OWNER HAS BEEN FOUND TO BE A VIOLATOR.
THEREFORE, IN THIS INSTANCE, THE RESPONDENT SHALL BE DEEMED A REPEAT VIOLATOR. THERE IS A VIOLATION OF 1702, IN THE FORM OF OVERGROWTH ON THE PREMISES. THE. RESPONDENT SHALL HAVE A PERIOD OF FIVE DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING ANY AND ALL OVERGROWTH OF GRASS AND WEEDS. IT'S THE RESPONDENT'S RESPONSIBILITY TO CONTACT, INFORM, CODE
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ENFORCEMENT OF PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE CODES WITHIN THE FIVE DAYS, THEN THE RESPONDENT SHALL BE FINED AN INITIAL FINE OF $400 AND A DAILY FINE OF 75 AFTER THE FIFTH DAY, FOR A PERIOD OF 25 DAYS, OR WHEN THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICHEVER SHALL OCCUR FIRST, THE FINE WILL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL, LOCATED IN BAY COUNTY. LIVE THE 16TH ALSO. ALL RIGHT, JULY THE 16TH FOR A COMPLIANCE HEARING. OKAY. THAT'S IT. EVERYTHING ELSE WAS BROUGHT INTO COMPLIANCE. OH DOKEY.* This transcript was compiled from uncorrected Closed Captioning.