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[Code Magistrate Hearing on February 12, 2026.]

[00:00:14]

THIS MEETING TO ORDER. I HAVE REVIEWED THE DOCKET. DO NOT SEE ANY CASES THAT REQUIRE THE ISSUE. THE ISSUANCE OF AN ORDER OF RECUSAL. I'VE NOT HAD ANY EX PARTE COMMUNICATIONS WITH ANYONE ABOUT ANY OF THE CASES YOU ANTICIPATE GIVING TESTIMONY. PLEASE STAND AND BE SWORN.

TYPEKIT YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? OKAY. IF YOU HAVE A CELL PHONE, PLEASE EITHER TURN IT OFF OR TURN IT TO SILENT. OKAY. MISS ASHBY.

STARTING WITH THE PUBLIC HEARINGS THAT ARE PRESENT, WE HAVE ITEM F. PROPERTY ADDRESS IS 2109 BEN OAK COURT. THOUGHT YOU GOT AN UPDATE. AVENUE INSPECTOR FOR BUILDING CODE ENFORCEMENT. I SUBMITTED MY CREDENTIALS FOR THE RECORD. 2211 BEN OAK COURT. I'VE BEEN IN CONTACT WITH MK WEBER ENGINEERING, MIKE WEBER AND MISS GINA OVER THERE. THEY ARE IN THE PROCESS OF GETTING ALL HIS ENGINEERING TO REMOVE THE ADDITIONS THAT HE DID PLACE ON THE ON THE PRIMARY STRUCTURE, WHICH WOULD MAKE IT UNFIT, UNSAFE. AND WE'RE HOPING BY TODAY I JUST SPOKE TO THE ATTORNEY THAT IT MAY BE DONE TODAY. MIKE WEBER WAS OUT FOR ABOUT TEN DAYS WITH THE CRUD. SO BUT IT IT HAS GONE TO HIS DESK. I'VE BEEN TOLD REPEATEDLY AND HE IS HE WAS WORKING ON IT AND HOPEFULLY WE'LL GET IT SIGNED SOON. THE MR. SHANK IS HERE TO KIND OF ELABORATE IF HE WANTS. THANK YOU. RICHARD SHANK, ON BEHALF OF JAMES MINSHEW, 2109 OAK. SO THE UPDATE THAT I GOT FROM MY CLIENT IS THAT THE DAY OF THE LAST HEARING, HE WENT AHEAD AND GOT THE SURVEY ORDERED AND SENT OVER TO MK WEBER. THEY'VE BEEN WORKING ON ENGINEERING PLANS SINCE OVER THE PAST FEW DAYS, I BELIEVE, INSPECTOR THORPE SAID TEN DAYS.

THAT SOUNDS ABOUT RIGHT TO ME. THEY'VE TOLD MY CLIENT THEY HAVE THE ENGINEERING PLANS READY. JUST WAITING ON MR. WEBER TO SIGN OFF ON THE PLANS. AND SO WE'RE JUST WAITING ON HIM TO ACTUALLY SIGN OFF ON THE PLANS SO WE CAN GET THE APPROPRIATE PERMITS AND PROCEED WITH THE DEMOLITION OF THE ACCESSORY STRUCTURES. OKAY. WHEN DO Y'ALL WANT TO PUT IT BACK ON THE DOCKET FOR A CHECK? WHAT DO YOU WANT TO JUST DO? ANOTHER CHECK IN CALL TO CHECK IN FOR NEXT MONTH? THAT'S FINE. WHICH WOULD BE MARCH 19TH. MARCH 20TH. THANK YOU. 19TH.

THOUGHT ABOUT THAT. THE BIRTHDAY OF THE PRINCE? YES, SIR. OKAY. JUST LET US KEEP US POSTED AND WE'LL GO FROM THERE. ALL RIGHT. THANK YOU. WHAT WAS THE TIME AGAIN? 1:00, 1:00, 1:00, 1 P.M. GOT IT. THANK YOU, THANK YOU. DO YOU WANT TO DO THE PUBLIC HEARINGS FIRST, OR DID YOU WANT TO GO DOWN TO THE. LET'S JUST LET'S JUST. LET'S JUST GO AHEAD AND DO THE PUBLIC HEARINGS TODAY. OUT OF HERE, OKAY. SO THAT WOULD BE NEXT ON THE LIST WOULD BE ITEM J AS IN JOHN PROPERTY ADDRESS IS 1628 2023. THIS IS. FINAL HEARING TO IMPOSE FINES FOR NONCOMPLIANCE.

ON. AND. INVESTIGATORS INVESTIGATIVE. GOOD AFTERNOON YOU MAGISTRATE TIM JUSTICE BAY COUNTY CODE ENFORCEMENT I HAVE SUBMITTED MY INVESTIGATIVE REPORT FOR THE RECORD. MY NOTICES AND PHOTOGRAPHS ARE ALSO ATTACHED. A COMPLIANCE HEARING WAS HEARD BY THE SPECIAL MAGISTRATE FOR BAY COUNTY ON THE 15TH OF OCTOBER, 2025. THE MAGISTRATE THAT FOUND THAT THE RESPONDENT HAD FAILED TO COMPLY WITH THE FIRST HEARING ORDER THAT WAS HELD ON SEPTEMBER THE 18TH OF 2024. THE RESPONDENT WAS PRESENT FOR THIS HEARING, AND THE PHOTOGRAPHS OF THE PROPERTY ARE ATTACHED INTO EVIDENCE AS EXHIBIT A, AND THEY ARE CONTAINED IN THE CASE FILE.

THESE ARE SOME OF THE PHOTOGRAPHS. IF YOU REMEMBER, IT'S A VACANT LOT AT THE DEAD END OF NINTH STREET, HAD SOME BUILDING MATERIALS AND OTHER ITEMS THAT WERE STORED ON A VACANT RESIDENTIAL LOT. THE MAGISTRATE IMPOSED A FINE OF $400. THE MAGISTRATE DIRECTED THE STAFF TO ABATE THE NUISANCE AND ALL INCIDENTAL COSTS OF ENFORCEMENT, TO CONSTITUTE A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATIONS EXISTED, AND UPON ANY OTHER REAL OR

[00:05:04]

PERSONAL PROPERTY OWNED BY THE VIOLATORS. AND A COPY OF THIS ORDER IS INTRODUCED INTO EVIDENCE AS EXHIBIT B AND CONTAINED IN THE CASE FILE. ON THE 15TH OF OCTOBER 2025, A NOTICE OF INTENT WAS HAND-DELIVERED TO THE PROPERTY OWNER STATING THAT WORK WOULD BEGIN ON OCTOBER THE 27TH, 2025 OCTOBER 22ND A PRE-BID INSPECTION WAS CONDUCTED. WE WERE ASSESSED THE PROPERTY. THEY WERE ACTUALLY THERE THAT DAY CLEANING THE PROPERTY AND I MADE CONTACT, I BELIEVE, WITH MR. WATSON'S WIFE AND I CAN'T REMEMBER YOU OR NOT, BUT I HAND HAND-DELIVERED HER A COPY OF THE NOTICE OF INTENT HERE IN SLIDE SEVEN, YOU CAN SEE SOME OF THE SUPPLIES THAT WERE STORED. YOU CAN SEE SOME WHERE HE HAD BEEN CLEANING THE PROPERTY, GETTING RID OF SOME ITEMS PER YOUR ORDER HERE IN SLIDE EIGHT. AND THIS IS WHAT WAS REMAINING ON THE PROPERTY DURING PRE BIDS ON OCTOBER 31ST, 2025, A RE INSPECTION WAS CONDUCTED. THE PROPERTY HAD BEEN CLEANED BY THE PROPERTY OWNER HERE IN SLIDE 11. THANK YOU. NOVEMBER 6TH, 2025 A NOTICE OF FINAL HEARING WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER USING THE ADDRESS. 4201 EAST HIGHWAY 390, PANAMA CITY, FLORIDA, ACCORDING TO THE BAY COUNTY PROPERTY APPRAISER'S DATABASE, THE CERTIFIED NOTICE WAS RETURNED AS UNCLAIMED. THE NOTICE HAS NOT RETURNED AS OF THIS DATE. ON JANUARY THE 21ST OF 2026, A COPY OF THE NOTICE OF HEARING WAS POSTED ON THE PROPERTY, AND ON JANUARY THE 29TH, 2026, A COPY OF THE NOTICE OF HEARING WAS POSTED AT THE BAY COUNTY GOVERNMENT CENTER. THAT CONCLUDES MY TESTIMONY AT THIS TIME. OKAY, OKAY. MR. PIERRE, YOU DO YOU WANT TO SAY ANYTHING? NO. OKAY, OKAY. I CAN SAY THANK YOU SO MUCH. WELL, WE APPRECIATE YOU BRINGING THE PROPERTY INTO COMPLIANCE. AND WE KNOW THAT YOU'VE BEEN SWIMMING UPSTREAM ON THIS THING WITH ALL THE BUREAUCRATIC FOOLISHNESS AND EVERYTHING, BUT I'M GOING TO, BASED ON THE TESTIMONY I'VE HEARD AND THE PHOTOGRAPHS I'VE SEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THE PROPERTY IS NOW IN COMPLIANCE. THE ONLY THING IS THE THE FINE OF $400 THAT WILL REMAIN IN PLACE. AND UPON A RECORDING OF THE FINAL ORDER IN THE PUBLIC RECORDS OF BAY COUNTY, THE COST RELATED TO THE THE FINE WILL CONSTITUTE A LIEN ON THE LAND ON WHICH THE VIOLATIONS OCCURRED, AND AGAINST ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. HERE IN BAY COUNTY, COMMISSIONERS ARE ENTITLED TO ASSESS THESE COSTS BY VIRTUE OF THE UNIFORM ASSESSMENT COLLECTION ACT. IN CHAPTER 21 OF THE CODE. ANYTHING ELSE? OKAY, THAT'S IT, MR. PIERRE, YOU'RE FREE TO GO. THANK YOU VERY MUCH. THANK YOU SO MUCH.

BRINGS US TO ITEM L. PROPERTY ADDRESS IS 6422 ROGERS DRIVE. THIS IS ALSO A NOTICE OF FINAL.

A FINAL HEARING. AND JUSTICE IS HERE TO TESTIFY. GOOD AFTERNOON. YOUR MAGISTRATE, TIM JUSTICE, BAY COUNTY CODE ENFORCEMENT. I HAVE SUBMITTED MY INVESTIGATIVE REPORT. FOR THE RECORD, MY NOTICE IS AND PHOTOGRAPHS ARE ALSO ATTACHED. A COMPLIANCE HEARING WAS HEARD BY THE SPECIAL MAGISTRATE FOR BAY COUNTY ON AUGUST 13TH, 2025. THE MAGISTRATE FOUND THAT THE RESPONDENT HAD FAILED TO COMPLY WITH THE FIRST HEARING ORDER THAT WAS HELD ON JULY 9TH, 2025.

THE RESPONDENT WAS NOT PRESENT FOR THOSE HEARINGS. PHOTOGRAPHS OF THE PROPERTY ARE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND ARE CONTAINED IN THE CASE FILE. THESE ARE SOME OF THE PHOTOGRAPHS THAT WERE SHOWN TO YOU ON THE AUGUST 13TH HEARING. THIS IS 6422 ROGERS, DO YOU REMEMBER THIS CASE? ONE NON PRIMARY STRUCTURE. MULTIPLE DERELICT VEHICLES, DERELICT VESSELS, SOME JUNK. THE MAGISTRATE DIRECTED THE STAFF TO ABATE THE NUISANCE AND ALL INCIDENTS. INCIDENTAL COSTS OF ENFORCEMENT TO CONSTITUTE A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATIONS EXISTED, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATORS. ANY FINES IN THE COST OF ABATEMENT WILL BE ADDRESSED AT THE FINAL HEARING, AND A COPY OF THIS ORDER IS INTRODUCED INTO EVIDENCE AS EXHIBIT B AND CONTAINED IN THE CASE FILE ON THE 14TH OF AUGUST 2025, A NOTICE OF INTENT WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER, STATING THAT WORK WOULD BEGIN ON OR AFTER SEPTEMBER 15TH, 2025. ON THE 27TH OF AUGUST 2025, A PRE-BID INSPECTION WAS CONDUCTED. THESE ARE PHOTOGRAPHS FROM THE INSIDE OF THE PROPERTY. HERE IN SLIDE SEVEN, YOU CAN SEE THE VEHICLES DERELICT TRAILER, A SHED THAT WAS ON THE TRAILER, ANOTHER DERELICT VEHICLE, SOME PILES OF JUNK AT THE ONE OF THE ENTRANCES TO THE ADDRESS IN SLIDE 11. OTHER PILES OF JUNK.

DERELICT VESSEL. ONE OF THE UP CLOSE PHOTOGRAPHS OF THE TAG. A DERELICT VESSEL, A VEHICLE AGAIN AND A DERELICT RECREATIONAL VEHICLE, AS WELL AS SOME APPLIANCES AND JUNK THAT WERE BEING STORED HERE. IN SLIDE 15 AND SLIDE 16. YOU CAN SEE THE UPDATED TAG FROM 1122

[00:10:06]

OF A DERELICT VESSEL. JUNK AND OVERGROWTH HERE IN SLIDE. IN SLIDE 19 YOU SEE THE. IT WAS A TRAILER ON A EXCUSE ME, A STORAGE SHED ON A TRAILER. AND SLIDE 20. THIS IS BEHIND THE ACCESSORY STRUCTURE. SOME JUNK AND OVERGROWTH HERE IN SLIDE 20. SLIDE 21. THE DERELICT VESSEL AGAIN. 22. ANOTHER TRAILER. SLIDE 22 WITH SOME TIRES. SLIDE 23. THIS IS JUST LOOKING BACK.

SLIDE 24 JUST LOOKING BACK AT THE ENTIRE PROPERTY OF THE DERELICT VEHICLES AND VESSELS.

AND SLIDE 24 THE JUNK. THIS WAS THE INTERIOR OF WHAT WAS A U-HAUL TRAILER THAT HAD TO BE REMOVED. WE TOOK PHOTOGRAPHS OF THE CONTENTS OF THE INTERIOR. ANOTHER DERELICT VESSEL HERE IN SLIDE 26. SLIDE 27. THIS IS PROOF OF A DERELICT VESSEL AND MORE OVERGROWTH AND JUNK AND SOME JUNK THAT HAD COME FROM THE OUTSIDE OF THE INTERIOR SPILLED ITS WAY FROM THE INTERIOR OF THE ACCESSORY STRUCTURE. DURING THE PRE-BID, I HAND-DELIVERED A COPY OF THE NOTICE OF INTENT TO MISTER GARY MILLER, WHO IS PRESENT TODAY AND EXPLAINED EVERYTHING THAT HAD TO BE REMOVED FOR COMPLIANCE PER YOUR ORDER ON OCTOBER THE 23RD, 2025, THE CONTRACTOR THAT WAS AWARDED THE BID, ELEANOR TRACTOR, DROPPED OFF THE EQUIPMENT AND INFORMED BAY COUNTY CODE ENFORCEMENT THAT THEY WOULD START CLEANING THE NEXT MORNING. UPON ARRIVAL ON OCTOBER THE 24TH, 2025 TO START THE CLEANUP, THE PROPERTY HAD BEEN CLEANED BY THE PROPERTY OWNER OVERNIGHT. YES, MA'AM. SO THIS IS OCTOBER 23RD. THIS IS. YES, MA'AM, I APOLOGIZE. THESE ARE THE 20 WHEN THE CONTRACTOR. THAT'S HIS EXCAVATOR. WHEN HE DROPPED OFF THE EQUIPMENT TO CLEAN THE PROPERTY, PER YOUR ORDER, YOU CAN SEE THE REMNANTS OF WHAT WAS LEFT FOR HIM TO CLEAN DERELICT VEHICLES. SOME JUNK. DERELICT TRAILER. EXCUSE ME.

DERELICT VEHICLE. THE DERELICT VESSEL. THE DERELICT TRAILER. A LITTLE BIT OF PILE OF JUNK ALONG THE FENCE LINE. THE SAME VESSEL THAT WAS STILL DERELICT. THE INSIDE OF THE VESSEL AROUND THE ACCESSORY STRUCTURE, A TIRE AND A LITTLE BIT OF SCRAP JUNK. AND THE RECREATIONAL VEHICLE.

SOME JUNK AROUND IT. THE MORNING OF THE 24TH, UPON ARRIVING TO START THE CLEANUP, THE PROPERTY HAD BEEN CLEANED BY THE PROPERTY OWNER OVERNIGHT. THESE WERE TAKEN THE MORNING THAT THE CONTRACTOR SHOWED UP. THE VESSELS WERE REMOVED, THE RECREATIONAL VEHICLE WAS REMOVED, THE VEHICLES WERE REMOVED, THE JUNK IN THE TRASH WAS REMOVED. ON NOVEMBER THE 19TH, 2025, A NOTICE OF FINAL HEARING WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER USING THE ADDRESS. THAT'S A TYPO. IT SHOULD BE 9003 I DO APOLOGIZE. ROUGH ROAD FROM THE BAY COUNTY PROPERTY APPRAISER'S DATABASE. THE CERTIFIED NOTICE WAS RETURNED AS UNCLAIMED. THE REGULAR NOTICE IS NOT RETURNED AS OF THIS DATE. ON THE 20TH OF NOVEMBER 2025, A COPY OF THAT NOTICE WAS POSTED ON THE PROPERTY ON JANUARY THE 29TH, 2026. A COPY OF THE NOTICE OF HEARING WAS POSTED AT THE BAY COUNTY GOVERNMENT CENTER. THAT CONCLUDES MY TESTIMONY AT THIS TIME. MR. MILLER. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS, SIR. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. MY NAME IS GARY MILLER. MY MAILING ADDRESS IS 9003 ROUGH ROAD, YOUNGSTOWN, FLORIDA 32466. OKAY, ANYTHING YOU WANT US TO KNOW AT THIS POINT? I MEAN, WITH ALL DUE RESPECT, I MEAN NO DISRESPECT TO ANYBODY HERE, BUT I'M JUST SAYING $900.

I BELIEVE THAT'S KIND OF HIGH FOR UNLOADING AN EXCAVATOR AND COMING BACK ASKING ME IF IT'S GOING TO BE SAFE ON MY PROPERTY AND ME MAKING SURE IT'S SAFE AMONGST ME, REMOVING EVERYTHING FROM THE PROPERTY. HE COMES BACK AND GETS HIS EXCAVATOR JUST AS HE LEFT IT, EVEN THOUGH THE SHERIFF'S OFFICE TOLD HIM THAT I WAS GOING TO MESS WITH HIS STUFF. HIS STUFF WAS JUST AS HE LEFT IT. AND I MEAN, YOU KNOW, AS IT SHOULD BE, I'M JUST SAYING $900, YOUR HONOR. THAT'S KIND OF HIGH. WELL, HE MOBILIZED AN EXPECTATION OF HAVING A JOB THE NEXT DAY. AND THEN YOU DID A. NIGHTTIME CLEANUP ON HIM. AND SO HE. YOU KNOW, IT'S NOT JUST PARKING

[00:15:02]

THESE TRACTOR THERE AND COMING BACK AND PICKING IT UP. IT'S. HE LOST. HE LOST A A DAY OF WORK BASICALLY BECAUSE OF YOUR PLAYING A GAME WITH HIM. WELL, SIR, TO BE HONEST, I WAS IN JAIL WHENEVER THE FIRST NOTICE CAME OUT. THE HEARING, THE ORIGINAL HEARING, I WAS IN JAIL.

I HAD NO NOTIFICATION OF IT. AND THE NOTICE THAT WAS POSTED ON THE GATE WAS REMOVED. AND WHEN THEY SHOWED UP TO DO PRE BIDS, THEY INFORMED ME YOU WERE THERE DURING PRE BIDS, WEREN'T YOU? YOU REMEMBER ME TELLING YOU I NEVER RECEIVED A FORMAL NOTICE ON THE GATE POST AND YOU GUYS SHOWED ME A PICTURE. THEY DID SHOW ME A PICTURE WHERE THEY TOOK A PICTURE OF IT ON THE GATE. SORRY I DIDN'T MEAN TO BUMP THAT. THEY SHOWED ME A PICTURE WHERE IT WAS POSTED ON THE GATE POST. NOBODY THAT WAS KEEPING AN EYE ON MY PROPERTY WHILE I WAS LOCKED UP GOT THE NOTICE, YOU KNOW WHAT I MEAN? SO I DON'T KNOW IF THE WIND BLEW IT OFF OR I DON'T KNOW EXACTLY WHAT HAPPENED. I HAD NO IDEA THAT IT WAS A HEARING OR ANYTHING UNTIL THEY SHOWED UP TO DO PRE BIDS. SO THE THE LAW SAYS YOU'RE PRESUMED TO KNOW WHAT'S GOING ON ON YOUR PROPERTY AND THE ISSUE OF YOU BEING IN JAIL, THAT'S, YOU KNOW, THAT'S NOT A DEFENSE TO THAT.

THE HOW DID WE ARRIVE AT 2175. WAS THERE A DAILY FINE. AND IT WAS HE'S A REPEAT VIOLATOR OKAY.

ALL RIGHT. ANY ANYTHING ELSE, MR. MILLER? NO, SIR. ALL RIGHT. BASED ON THE TESTIMONY I'VE HEARD AND THE EXHIBITS I'VE SEEN IN THE FORM OF PHOTOGRAPHS INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT IT'S APPROPRIATE THAT THE RESPONDENT PAY FOR THE COST OF ABATING THE NUISANCE RELATED TO THE MOBILIZATION OF THE CONTRACTOR'S EQUIPMENT, AND THE INCIDENTAL COSTS IN THE AMOUNT OF $900 PLUS INTEREST, WHICH WILL ACCRUE ON THAT AT THE STATUTORY RATE. ADDITIONALLY, BECAUSE OF THE OFFENDER WAS A REPEAT OFFENDER, THERE IS A FINE IN THE AMOUNT OF $2,175, WHICH WILL ALSO DRAW INTEREST AT THE STATUTORY RATE. THE PROPERTY IS NOW IN COMPLIANCE AND THERE'LL BE NO FURTHER ACTION BY THE COUNTY AS IT RELATES TO IT BEING OUT OF COMPLIANCE BASED ON THE PREVIOUS ALLEGATIONS CONTAINED IN THE FILE. UPON THE RECORDING OF THE FINAL ORDER AND THE PUBLIC RECORDS OF BAY COUNTY, THESE COSTS LEVIED AGAINST THE RESPONDENT WILL BE A LIEN ON THE LAND ON WHICH THE VIOLATIONS OCCURRED AND AGAINST ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. IN BAY COUNTY, BOARD OF COUNTY COMMISSIONERS IS ENTITLED TO COLLECT THESE COSTS BY VIRTUE OF THE UNIFORM ASSESSMENT COLLECTION ACT. IN CHAPTER 21 OF THE CODE. THAT'S IT. ALL RIGHT. THAT BRINGS US TO ITEM M. PROPERTY ADDRESS IS 7521 HARVEY STREET. THANK YOU SIR. THANKS Y'ALL. APPRECIATE IT. FINAL HEARING INVESTIGATOR TIM JUSTICE IS HERE TO TESTIFY.

GOOD AFTERNOON. YOUR MAGISTRATE, TIM JUSTICE, BAY COUNTY CODE ENFORCEMENT. I HAVE SUBMITTED MY INVESTIGATIVE REPORT, FOR THE RECORD, AS WELL AS MY NOTICES AND PHOTOGRAPHS ARE ALSO ATTACHED, A COMPLIANCE HEARING SERVED BY THE SPECIAL MAGISTRATE FOR BAY COUNTY ON OCTOBER 15TH, 2025. THE MAGISTRATE FOUND THAT THE RESPONDENT HAD FAILED TO COMPLY WITH THE ORDER. FROM THE FIRST HEARING DATED SEPTEMBER THE 10TH, 2025, THE RESPONDENT WAS NOT PRESENT FOR THE HEARING. PHOTOGRAPHS OF THE PROPERTY ARE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND ARE CONTAINED IN THE CASE FILE. THESE ARE SOME OF THE PHOTOGRAPHS SHOWN TO YOU ON OCTOBER THE 15TH. IT'S A VACANT RESIDENTIAL LOT STORAGE OF AN RV. THE MAGISTRATE IMPOSED THE INITIAL FINE OF $200 AND A DAILY FINE OF $25 FOR A PERIOD OF 20 DAYS, PLUS STATUTORY INTEREST FOR NONCOMPLIANCE. THE MAGISTRATE DIRECTED STAFF TO ABATE THE NUISANCE AND ALL INCIDENTAL COSTS OF ENFORCEMENTS TO CONSTITUTE A LIEN AGAINST REAL PROPERTY ON WHICH THE VIOLATIONS EXISTED, AND UPON ANY AND OTHER REAL OR PERSONAL PROPERTY OWNED BY VIOLATORS. A COPY OF THIS ORDER IS ALSO INTRODUCED INTO EVIDENCE AS EXHIBIT B AND CONTAINED IN THE CASE FILE. ON OCTOBER THE 15TH, THE NOTICE OF INTENT WAS SENT CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER, STATING THAT WORK WOULD BEGIN ON OR AFTER NOVEMBER THE 17TH, 2025. AFTER NOVEMBER THE 17TH, I MADE MULTIPLE ATTEMPTS TO CONTACT OR SEVERAL UNSUCCESSFUL ATTEMPTS TO LOCATE A TOWING COMPANY TO TOW AND IMPOUND THIS RECREATIONAL VEHICLE. UPON REINSPECTION ON JANUARY THE 7TH, 2026, IT WAS NOTICED THAT THE RECREATIONAL VEHICLE HAD BEEN REMOVED BY THE PROPERTY OWNER OR PROPERTY OWNER'S RELATIVE.

IN BETWEEN THERE, I HAD PLACED A RED TAG. AS YOU SEE HERE IN SLIDE SIX. I WAS GOING TO TOW THIS THING ON OR AFTER NOVEMBER THE 24TH FROM THE PROPERTY, AND THAT'S WHEN I BEGAN HAVING

[00:20:01]

TROUBLE WITH TOW COMPANIES. ON JANUARY THE 7TH, 2026, AN AFFIDAVIT OF COMPLIANCE NOTICE OF FINAL HEARING WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER USING THE ADDRESS 7521 HARVEY STREET FROM THE BAY COUNTY PROPERTY APPRAISER'S ADDRESS DATABASE.

EXCUSE ME. BOTH NOTICES WERE RETURNED AS UNABLE TO AFFORD. ON THE 21ST OF JANUARY 2026, A COPY OF THE NOTICE WAS POSTED ON THE PROPERTY, AND ON THE 29TH OF JANUARY 2026, A COPY OF THE NOTICE OF HEARING WAS POSTED AT THE BAY COUNTY GOVERNMENT CENTER. THIS CONCLUDES MY TESTIMONY AT THIS TIME. HAVE I PREVIOUSLY ENTERED AN ORDER RELATING TO THE FINE? YES. OKAY. ALL RIGHT. SO WE'RE JUST ASKING THAT YOU NOW FIND THAT THE PROPERTY IS IN COMPLIANCE. OKAY. BASED ON THE TESTIMONY I'VE HEARD AND THE EXHIBITS I'VE SEEN IN THE FORM OF PHOTOGRAPHS, I'M GOING TO FIND THAT THE PROPERTY IS NOW HAS NOW BEEN BROUGHT INTO COMPLIANCE AND THAT THE FINAL ORDER RELATING TO THE FINE PREVIOUSLY IMPOSED WILL CONSTITUTE A LIEN ON THE LAND ON WHICH THE VIOLATIONS OCCURRED AND ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. THE BOARD OF COUNTY COMMISSIONERS MAY ASSESS THESE COSTS BY VIRTUE OF THE UNIFORM ASSESSMENT COLLECTION ACT. COLLECTION ACT. IN CHAPTER 21 OF THE CODE. I'M SORRY I FAILED TO LET YOU SPEAK. COME ON UP. I JUST HAD A QUESTION AND AN EXPLANATION. I HAD RECENTLY LOST MY DAUGHTER. FOUR MONTHS LATER, I LOST MY HUSBAND AND INHERITED THAT PIECE OF PROPERTY. I HAD HIS BEST FRIEND, WHO I'VE KNOWN FOR 35 YEARS, ASKED ME IF HE COULD PARK THAT STUPID RV THERE TO WORK ON IT, BECAUSE HE HAD NOWHERE ELSE TO PUT IT. THE AGREEMENT WAS HE PARKED IT THERE, HE WORKED ON IT AND GOT IT OUT OF THERE. BUT WHILE IT WAS THERE, HE WAS KEEPING MY GRASS CUT. I WAS IN WISCONSIN. I WAS NOT HERE. I MOVED BACK HERE TO DEAL WITH THIS MESS. I AM ON A FIXED INCOME DISABLED WIDOW'S PENSION.

I'M BEING PENALIZED FOR OWNING THE PROPERTY. SOCIAL SECURITY I CAN BARELY KEEP UP WITH MY RENT AND MY CAR INSURANCE, MUCH LESS PROPERTY TAXES AND EVERYTHING ELSE THAT GOES ALONG WITH THAT.

AND I'M HOPING BECAUSE I CALLED AND TALKED TO CHRIS HUBBARD, AND I TALKED TO TIM QUITE A FEW TIMES ABOUT HAVING ME REMOVE THIS THING MYSELF, BECAUSE I CALLED TOW COMPANIES. I EVEN THREATENED TO SET IT ON FIRE AND LET IT BURN. IT WAS JUST GET IT GONE. THAT WAS MY THING.

AND THE OWNER OF THAT DAMN RV WOULD NOT MOVE IT UNTIL CHRISTMAS EVE. I DID EVERYTHING I COULD. I GOT BAY COUNTY SHERIFF'S DEPARTMENT INVOLVED. THEY TOLD ME IF I ACTUALLY REMOVED THAT THING FROM MY PROPERTY, I WOULD GO TO JAIL FOR GRAND THEFT. THAT I COULD NOT DO IT PERSONALLY. HE HAD TO BE THE ONE TO DO IT, AND I JUST, I DON'T. MY HANDS WERE TIED THREE WAYS TO SUNDAY AND I THERE WAS NOTHING I COULD DO. AND MR. JUSTICE, YOU SAID YOU HAD PROBLEMS FINDING SOMEBODY THAT WOULD AGREE TO TOW IT OFF. I DID THREE I CONTACTED THREE TOW COMPANIES HERE IN BAY COUNTY. I CONTACTED SEVEN, OKAY. I WENT TO THE TROUBLE WE HAVE WITH IT IS THAT THEY THEY CAN'T SCRAP IT. THEY CAN'T SCRAP IT. SO THEY. THIS HAS BEEN. OH, YOU MEAN THE TOW COMPANIES DON'T WANT TO BE STUCK WITH YOU? DON'T WANT TO. IT TAKES UP ROOM IN THEIR IMPOUND LOT. THEY KNOW THEY'RE NOT GOING TO GET THE OWNER AND GO THROUGH ALL THEIR ASSETS. USUALLY WHEN WE HAVE AN ORDER, THEY WILL. BUT I THOUGHT MAYBE HE WOULD THIS TIME BECAUSE IT'S ALMOST LIKE A. BUBBLE. WHITE KNOWS THE OWNER OF THAT RV AND WOULDN'T TOUCH IT WITH A TEN FOOT POLE. I KNOW BUBBA AND SPUD VERY WELL. I USED TO WORK FOR POP. I WAS A DISPATCHER UP THERE. AND I WENT, SORRY, COULD YOU STATE YOUR NAME? MY NAME IS SHERRY MARIE TOLES. GOOD MAILING ADDRESS, PLEASE. 1104 ARTHUR AVENUE, PANAMA CITY, FLORIDA. 32401.

THAT IS CARE OF RANDY HINES. IT'S MY SON'S ADDRESS. YEAH. WHAT WAS THE PREVIOUS FINE IMPOSING, TOTALING $700, $200? 12 $2,500. I WAS ON THE PHONE EVERY DAY FOR WEEKS, MONTHS TRYING TO GET THIS DEALT WITH. WELL, IN LIGHT OF THE FACT THAT WE COULDN'T EVEN GET SOMEBODY

[00:25:10]

TO TOW IT OFF, I'M GOING TO WAIVE THE FINE. OH THANK GOD, THANK YOU SO MUCH, YOUR HONOR.

IF WE COULDN'T GET IT DONE, WE CAN'T EXPECT YOU TO GET IT DONE. SO. CASE IS CLOSED. THANK YOU SO MUCH. YES, MA'AM. YOU HAVE A GOOD DAY. NEXT ITEM ON THE AGENDA IS ITEM N PROPERTY ADDRESSES 2211 O COURT. ALSO, A FINAL HEARING FOR THE COST OF ABATEMENT. AND FINES FOR NONCOMPLIANCE. COMPLIANCE HEARING WAS HELD BY THE SPECIAL MAGISTRATE ON OCTOBER 15TH, 2025. THE MAGISTRATE FOUND THAT THE RESPONDENT FAILED TO COMPLY WITH THE FIRST HEARING ORDER HELD ON SEPTEMBER 10TH, 2025. RESPONDENT DID NOT APPEAR AT THAT HEARING. PHOTOS OF THE PROPERTY ARE INTRODUCED AS EXHIBIT A. FILED. THIS IS SOME OF THE PHOTOS THAT WERE PRESENTED AT THE OCTOBER 15TH HEARING. JUST TO REMIND YOU. PROPERTY. MAGISTRATE IMPOSED A $100 FINE PLUS STATUTORY INTEREST FOR NONCOMPLIANCE. MAGISTRATE DIRECTED STAFF TO ABATE THE NUISANCE COST ENFORCEMENT TO CONSTITUTE A LIEN AGAINST THE REAL PROPERTY IN WHICH THE VIOLATION EXISTED UPON ANY OTHER REAL PERSONAL PROPERTY OWNED BY THE RESPONDENT. A COPY OF THE ORDER IS INTRODUCED INTO EVIDENCE AS EXHIBIT B FILE. ON OCTOBER 16TH, 2025, A NOTICE OF INTENT WAS SENT, CERTIFIED AND REGULAR MAIL. I'M SORRY, THAT'S WRONG.

VERBIAGE IN HERE. BASICALLY, THE NOTICE OF INTENT STATES THAT. DEMOLITION PRE-DEMOLITION WAS STARTED IMMEDIATELY AND THAT THE DEMOLITION WOULD START ON OR AFTER NOVEMBER 15TH. ON OCTOBER 22ND, A PRE-BID INSPECTION WAS COMPLETED AND THAT WAS. THAT WAS THAT WAS BASED ON THE PROPERTY. AS YOU SEE THERE. THE PROPERTY REMAINED VIOLATION. PROPERTY WAS CLAIMED BY A COMPANY CONTRACTED BY THE COUNTY AT A COST OF $5,900. AND ON DECEMBER 9TH, 2025, WAS FOUND TO BE IN COMPLIANCE. ON DECEMBER 18TH, THE NOTICE OF FINAL HEARING WAS SENT CERTIFIED AND REGULAR MAIL. THE NOTICE WAS RETURNED UNCLAIMED WITH NO FORWARDING ADDRESS. THE REGULAR MAIL HAS NOT RETURNED. ON JANUARY 22ND, A COPY OF THE NOTICE OF HEARING WAS POSTED ON THE PROPERTY AND AT THE GOVERNMENT CENTER ON THE 29TH OF JANUARY. THAT CONCLUDES MY TESTIMONY. AGNES BAILEY.

SO I DIDN'T GET SWORN IN BECAUSE I THOUGHT MR. HOBBS WAS GOING TO BE THE SPEAKER. IS THERE AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING. BUT I DO. TELL US YOUR NAME, PLEASE, MA'AM, AND GIVE US A GOOD MAILING ADDRESS. AGNES BAILEY, 233 EAGLE DRIVE, PANAMA CITY BEACH, 32407. OKAY. WHAT DO YOU WANT US TO KNOW ABOUT THIS, MISS BAILEY? THE PROPERTY WAS NEVER MINE. IT WAS PUT IN MY NAME BECAUSE THE MY BOYFRIEND AT THE TIME. OF 27 YEARS HAD PURCHASED THE PROPERTY AND SOLD IT TO TONY OWENS AND TONY OWENS, THEN SOLD IT TO MR. HOBBS. GEORGE HOBBS. IT WAS PUT IN MY NAME TO TRANSFER IT OUT OF MR. KAVANAUGH'S NAME, WHO WAS MY BOYFRIEND? TO TRANSFER IT INTO MR. OWENS NAME. I NEVER LIVED THERE. I'VE NEVER HAD ANY. DEALINGS WITH THE PROPERTY

[00:30:09]

OTHER THAN ON BEHALF OF MR. KAVANAUGH. WHO DIED THE SAME YEAR THAT THAT DEAL WAS MADE WITH MR. OWENS. IN HER NAME. WITH THE TAX ASSESSOR? YES. DOES YOUR IS YOUR LAND, THEN? BUT THE COUNTY SPENT A BUNCH OF MONEY TO TO HAVE IT CLEANED UP. NOW YOU CAN SELL IT AND THIS WILL BE A LIEN ON IT, AND THEY'LL TAKE IT OUT OF THE PROCEEDS. I MEAN, BUT APPARENTLY IT'S I CAN'T SELL IT BECAUSE IT WAS SOLD TO MR. HOBBS BY MR. OWENS. WELL, IT'S STILL IN YOUR NAME, THOUGH. IT'S STILL IN YOUR NAME. I KNOW THAT'S PART OF THE PROBLEM.

IT'S NOT ON THE. COLLECTOR'S OFFICE, BUT IT IS ON THE. OTHER OFFICE. YES. AGNES. BAILEY.

OKAY. YEAH. IT'S NOT ON THE APPRAISERS, BUT IT IS ON THE COLLECTORS. IT'S ON BOTH. IT'S NOT ON ONE OF THEM. I, WE WE USE THE PROPERTY APPRAISER. TO APPRAISER. WHEN WAS THAT UPDATED? BECAUSE I CHECKED THIS BEFORE I LEFT. I SENT THE NOTICE EVERY TIME. YEAH, SO.

WELL, I, YOU KNOW, I DON'T KNOW WHO I'M QUITE FRANKLY. BUT YOU SAY NOW WHO YOU SAY THE PROPERTY APPRAISER'S GOT IT ON OWENS. BUT THE COLLECTOR HAS GOT IT IN HER NAME. CAN YOU GO? CAN YOU PULL THE DEED UP? BECAUSE AGAIN. AND THEN. WE VERIFY WHAT THE PROPERTY APPRAISER HAS BEFORE WE MAIL THESE OUT. SO IF IT WAS CHANGED AFTER THE FACT BECAUSE IT WAS RECORDED ON OCTOBER 6TH OF 2025, REMEMBER, PUT IT IN THERE. SO THAT WAS JUST BEFORE THE COMPLIANCE HEARING. THAT WAS BY MY ATTORNEY, JULIANNE SZOMBATHY. SHE. SHE TRIED TO GET IT DONE, ACTUALLY OCCUR GIVING IT OWENS.

PIKE COUNTY PURCHASED THE PROPERTY IN 2012 FOR FIVE HOURS TOGETHER I BELIEVE IT WAS 13, BUT IT WASN'T RECORDED UNTIL 2020. RIGHT? WHY NOT? WELL, MR. OWENS IS. IN BAD HEALTH, AND HE DIDN'T WANT ANYTHING IN HIS NAME BECAUSE HE DIDN'T WANT TO MESS UP WITH HIS SOCIAL SECURITY. SO THAT'S. I KNOW, I KNOW THAT. I MEAN, YOU KNOW, AS FAR AS I'M CONCERNED, THAT'S NOT A VERY GOOD EXCUSE FOR YOU. YOU'RE PART OF THE YOU'RE WHAT THEY CALL UNCLEAN HANDS. YOU'RE COMING IN HERE WITH UNCLEAN HANDS BECAUSE YOU ALLOWED THAT TO OCCUR. SO HE ALSO LIVES IN GEORGIA. THAT DOESN'T MAKE ANY DIFFERENCE. OKAY. THERE WAS AN EFFORT HERE TO AVOID AN ASSET IN THIS MAN'S NAME FOR PURPOSE OF, I GUESS, GETTING BENEFITS FROM THE GOVERNMENT. LET ME BACK UP. I DON'T SEE MY PAPER THAT HAS THE DATE NOW, BECAUSE REMEMBER, YOU'RE YOU'RE HERE UNDER OATH. YES, SIR. AND YOU DON'T WANT TO GO THERE. MISS SAMA HAD DID THIS FOR ME. IN 24. PREPARE DEED FOR OWENS. ON SEVEN 2424. YOU CAN HAVE A COPY OF THIS.

AND SHE TOLD ME AT THE TIME. DO NOT RECORD. AGNES WILL HAND TO OWENS AND I MAILED IT TO HIM

[00:35:03]

BECAUSE OF THE DISTANCE. AND SHE SAID, DO NOT RECORD WHY SHE WANTED ME TO HAND CARRY IT AND GIVE IT TO MR. OWENS TO SIGN. SHE LOST IT AND HE LOST IT. HE'S BLIND. AND HE'S LEGALLY BLIND. HE CAN SEE SOME, BUT. IF SO, SHE REDID IT ON THE 25TH. COME ON UP AND YOU TELL US YOUR NAME AND AND A GOOD ADDRESS. I'M GEORGE HUBBS. I CURRENTLY LIVE AT 2211 CROOKED OAK FOR.

OKAY, OKAY. I AM PURCHASING THE PROPERTY FROM TONY OWENS. HE HAS PURCHASED THE PROPERTY FROM FROM HER AND HAS AND. HE CALLED ME. I MOVED INTO THE PROPERTY. THE THE SHED WAS ALREADY IN.

ARE YOU LIVING ON THE PROPERTY NOW? YES. AND WHAT IN IN THE TWO BEDROOM TRAILER HOUSE TRAILER. THAT'S THAT'S ON THE PROPERTY AND WHICH IS WHICH IN I THINK IN THE COURT IS ACTUALLY LISTED WRONG. IT'S LISTED AS A THREE BEDROOM. BUT ANYWAY, YES. I WAS, I WAS I STARTED LIVING THERE, PAYING RENT TO. TO MISS LORI. WELL I WAS PAYING HIS HOUSE PAYMENT TO MISS LORI. HE WAS HE WAS ALMOST HE WAS ABOUT TO LOSE THE PROPERTY BECAUSE HE HAD NO, NO INCOME AND, AND COULD NOT AFFORD, COULD NOT AFFORD THE PROPERTY AND WAS AND WAS LIVING IN GEORGIA. SO BEFORE HE LOST THE PROPERTY TO MISS BAILEY, I PURCHASED I, I, I, I TOOK OVER THE PAYMENTS UNTIL IT WAS PAID OFF. WHEN IT WAS PAID OFF, THAT'S WHEN I ASKED TO PURCHASE THE PROPERTY FROM TONY. AND Y'ALL CLOSED ON IT? NO. AND SEE THIS? THE WHOLE THING, IT HAD TO GO INTO HIS NAME, WHICH WAS WHAT SHE WAS TRYING TO DO WITH THE FIRST PAPERWORK SET OF PAPERS THAT HE LOST, AND THEN TRYING TO GET ALL THAT REDONE AGAIN TOOK MONTHS AND MONTHS.

THAT'S WHEN IT WAS PUT IN. MY NAME WAS. JULY, THE 24TH OF 24. IT WAS NEVER IN MY NAME. PRIOR TO THAT, IT WAS IN MY DEAD BOYFRIEND'S NAME ALL THOSE YEARS. WELL, HOW DID THEY PUT IT IN YOUR NAME, MISS? SOMEBODY PUT IT IN MY NAME THROUGH. SENDING ME WITH THE PAPER FOR MR. OWENS TO SIGN. AND SINCE HE LOST IT, THEN WE HAD TO REDO IT. AND IF IT WAS IN YOUR DEAD BOYFRIEND'S NAME, HOW DID IT GET OUT OF HIS NAME? INTO YOU, MISS SMITH? HE TOOK IT OUT OF HIS NAME AND PUT IT IN MY NAME SO THAT THEY COULD TAKE IT OUT OF MY NAME AND PUT IT IN MR. OWENS NAME. AND MR. OWENS BOUGHT IT FROM HIM. FROM FROM THE DEAD BOYFRIEND HE PASSED.

HE HE. SO IT'S IT IS, IT IS. I HAVE THAT CONTRACT, IF YOU'D LIKE TO LOOK AT IT. SURE. LET ME SEE. THIS. THIS FOR THE RECORD. YOU SAW THAT THEY DIDN'T RECORD ANY OF THIS UNTIL AFTER THE FIRST HEARING. AND WE WERE NEVER, NEVER NOTIFIED. SO WE SENT THE NOTICE TO THE CORRECT NO. SHE TRIED SHE TRIED TO GET THIS DONE THE FIRST TIME. WELL, I UNDERSTAND THE FIRST TIME WAS BEFORE ANY OF THIS. WE HAD A HEARING ON SEPTEMBER 10TH OF 2025, WHICH WAS BAILEY WAS NOTIFIED OF BECAUSE SHE WAS LISTENING TO PROPERTY OWNER BECAUSE. BUT SHE DIDN'T APPEAR AT THAT HEARING? NO, NOT HOME. SO AFTER THE FIRST HEARING THIS PROPERTY. YEAH, WE THEN RECORDED IT. SO THEY CHANGED THE CONCEPT. THE PROPERTY THEN OFFICIALLY CHANGED HANDS AND WE WERE NEVER NOTIFIED. BY MR. OR MISS. AND SO WE CAN ONLY GO BY WHAT THE PROPERTY APPRAISER.

AND THEY WOULD ALREADY BEEN NOTIFIED OF THE THE OCTOBER HEARING. SO NOTIFY US AT THAT

[00:40:04]

TIME THAT THEY. AS I WAS HOLDING IT UNTIL AFTER WE I DON'T THINK WE'RE OBLIGATED TO CHECK EVERY DAY TO SEE IF THERE'S A NEW RECORDING. COMING IN. NOW, MR. CAVANAUGH, WAS YOUR BOYFRIEND? YES.

DID MISS SZOMBATHY HANDLE THE PROBATE OF MR. CAVANAUGH'S ESTATE? I SAID YES, YES, SIR. WELL.

HERE'S A QUICK CLAIM DEED DATED FEBRUARY 12TH OF 2013 FROM CAVANAUGH TO OWENS. QUITE FRANKLY, I DON'T SEE YOU ANYWHERE IN THE TITLE OR. I DIDN'T KNOW IT WAS. NOT UNTIL I. BECAUSE I WAS.

I THINK THE EXECUTOR CAN I NEVER PRACTICED IN THAT AREA. AND I THINK THE EXECUTOR CAN CONVEY PROPERTY ON BEHALF OF THE ESTATE, BUT I DON'T SEE THAT THIS IS IN YOUR CAPACITY AS THE EXECUTOR.

PARDON? YOU'RE DEAD. OH, OKAY. ALL RIGHT. YEAH, YEAH. SO THE MIC CAN PICK YOU UP. AND IF THERE'S A QUITCLAIM DEED OUT OF CAVANAUGH IN 2013, WHICH PREDATE. WHEN DID HE DIE? OCTOBER OF 2013. SOON AFTER THE TRANSACTION. MONTHS AFTER. AFTER THE TRANSACTION. THERE'S

[00:45:11]

A THERE'S A QUITCLAIM DEED, APPARENTLY, THAT'S NEVER RECORDED OUT OF CAVANAUGH INTO OWENS IN 13 PRIOR TO HIS DEATH. I DON'T SEE HOW THAT PIECE OF PROPERTY COULD HAVE BEEN CONVEYED TO YOU. I DON'T KNOW, I'VE NEVER PRACTICED THAT AREA, BUT. BASED ON THE TIME THAT WE ENTERED OR. DID ALL THIS STUFF, HOWEVER, THE DEED GOT INTO YOUR NAME. IT WAS IN YOUR NAME. AND SO. I'M GOING TO FIND THAT IT'S APPROPRIATE TO. TAX YOU WITH THESE COSTS BECAUSE THE, THE, THE TITLE WAS OR THE DEED WAS IN YOUR NAME. NOW YOU CAN CONTEST THAT I GUESS IN CIRCUIT COURT SOMEHOW ABOUT, YOU KNOW, IT WASN'T YOURS AND THAT. SOMEHOW THE ESTATE GOT YOUR NAME ON THE TITLE AND EVERYTHING, BUT YOU WERE THE RECORD OWNER AT THAT POINT IN TIME WHEN WE DID ALL THIS STUFF. NOW. I DON'T KNOW, YOU KNOW, I DON'T KNOW HOW THE. TITLE COMPANY IS GOING TO DO THIS. I MEAN. BUT THEY THE COST OF ABATEMENT WOULD GO ON THE PROPERTY TAXES ITSELF, WHICH IS STILL IN HER NAME. IT'S STILL IN HER NAME. YES. THE TAX COLLECTOR IS STILL UNDER HER NAME. WELL, HOW LONG DOES IT TAKE FOR THE ASSESSOR TO NOTIFY THE COLLECTOR? I THINK I THINK YOU OUGHT TO ALERT THEM THAT THERE IS AN ISSUE WITH THIS TITLE. AND FOLLOW HER ADVICE BACK THERE IN THE CORNER, AS IT AS WHAT YOU SHOULD BE DOING.

BUT. YEAH, WE'VE BEEN WE'VE BEEN DOING ALL WE CAN TO TRY TO GET IT RESOLVED ONE WAY OR ANOTHER. WELL, I MEAN, AND I WAS, I WAS, I WAS TRYING TO GET THE, TRYING TO GET IT INTO MY NAME SO I COULD ACTUALLY TAKE CARE OF TEAR IT DOWN BECAUSE I COULDN'T DO IT WITHOUT IT BEING IN MY NAME. YEAH, RIGHT. THAT'S RIGHT. YOU. SO YOU SEE WHAT I'M SAYING? SO I DIDN'T WANT TO FALL UNDER ANY FINES OR OR DISCRIMINATION ON THAT. WELL, I THINK THAT I THINK THAT AT CLOSING. THE MONEY, THE MONEY THAT YOU GIVE OUGHT TO HAVE $5,900 GOING TO THE COUNTY. SO.

AND ONE ONE OTHER THING IS, IS PART OF THE STRUCTURE THAT WAS TAKEN DOWN, I BELIEVE WAS ALSO COUNTED AT THE THE FLOOR SYSTEM WAS ALSO COUNTED AS PART OF THE STRUCTURE TO BE TAKEN AWAY.

CORRECT? I DON'T KNOW I DON'T IS THAT IS THAT IS THAT WHICH WHICH STRUCTURE? THE MAIN STRUCTURE WITH THE WOOD FLOORING SYSTEM. SHOULDN'T HAVE THAT BEEN TAKEN? WHERE IS IT AT? WELL, I HAVE PICTURES HERE THAT I TOOK TODAY. PHOTO TAKEN ON NOVEMBER. WELL IT'S UPSIDE DOWN.

WELL DECEMBER THE 9TH FLOOR. YEAH DECEMBER THE 9TH OF 25. YEAH. WELL BUT SEE IT'S IT'S ON WHAT THEY WHAT WHAT HAPPENED THERE. IS IT ALL GOT COVERED WITH PINE STRAW OR SOME OTHER WHATEVER. BUT THIS, THIS IS UNDER, UNDER THE TITLE. SO. THE WHOLE FLOOR SYSTEM IS STILL THERE. SO, SO AS FAR AS IS IT CONCRETE, $5,900. WELL, THEY DIDN'T ACTUALLY DO WHAT THEY HAD. LET ME EXPLAIN WHAT THE UNFIT, UNSAFE STRUCTURE IS. THEY LEFT WE. THAT'S NOT THAT'S NOT CONCRETE. NO, SIR. THAT'S I'M JUST ZOOMING IN. RIGHT. SO THE LET SCOTT, LET ME EXPLAIN THIS TO YOU. OKAY. WELL, HE'S SHOWING BACK UP. WHAT? HE'S THAT'S THE FIRST ONE. OKAY, GO.

KEEP GOING ON. OKAY. SO IF YOU LOOK IN YOUR PHOTO. YEAH, YOU CAN TELL IT'S THE SAME PICTURE.

[00:50:04]

THE SHORT WHITE POST RIGHT THERE. THAT'S WHERE THE STRUCTURE WAS. AND THEN THERE WAS ANOTHER STRUCTURE TO THE LEFT. THIS IS DOWN YOUR RIGHT HAND CORNER. THAT WAS A PAD THAT WAS RIGHT THERE WHERE THAT BATHTUB STUCK AND HOOKED UP TO THE HOUSE. THAT'S. YES, THAT'S CONCRETE PAD I'M UNDER. YOUR YOUR WOODEN STRUCTURE WAS AGAINST THAT. THAT'S MY LITTLE HOUSE WHERE IF YOU KEEP THAT UP YOUR. OH THAT'S. YOU HAVE TO. OKAY. SO THERE WAS A. METAL LIKE. TO THAT SPOT RIGHT THERE WHERE YOU COULD SEE IT. I DON'T, I CAN'T IT WAS A, IT WAS A METAL SHEAR SHED IN HERE FOR ONE. AND THEN WHERE THE ELECTRICITY WAS RIGHT THERE WAS A BETWEEN THAT TREE, THE PINE TREE, AND TO THE LEFT THERE WAS A WOODEN SHED RIGHT THERE. THIS PHOTO HERE IS DOWN IN THIS WOOD WITH DECEMBER'S AT THAT YOU CLEARED OUT. I DON'T KNOW WHAT WAS THAT, BUT WE'RE NOT GOING TO TAKE THAT. THAT WASN'T SOMETHING THAT WAS TORN DOWN IS WHAT WE'RE NOT. WE WOULDN'T HAVE TAKEN THAT. WE WOULD HAVE TAKEN TWO STRUCTURES REAL QUICK WHERE THAT WHITE, BECAUSE WE HAD TO DISCONNECT THAT POWER FROM THE HOUSE. OKAY, LET'S GET SOME STUFF. THAT POWER POLE THERE, THAT WHITE PVC WAS INSIDE THE WHITE STRIP INSIDE THE WOODEN FRAME STRUCTURE. SO EVERYTHING THAT WAS THERE, WE TOOK PLUS THEY TOOK EXTRA STUFF BECAUSE IT WAS PREP THEY HAD UNDERNEATH. ARE WE? SO DID YOU SAY AND. SAID THAT. YEAH. BUT FOR A LONG TIME I JUST CAME DOWN BECAUSE THEY PUT ME BACK THERE BECAUSE HE'S GOT RV STUFF BACK THERE. HE'S GOT OTHER SHED STUFF IN THERE. SO EVERYTHING THAT WAS FIVE GUYS WALKED BACK AND FORTH LIKE 30 YARDS TO A DIFFERENT THING BECAUSE IT WAS RIGHT THERE AND TO THE LEFT.

AND THAT'S ALL WE COULD GET. WELL, AND LET ME JUST RESPOND TO THE FLOORING IS WE DON'T ALWAYS TAKE THE FLOORING ANYHOW. I MEAN, OR THE FOUNDATION. WHAT'S YOUR ISSUE, SIR? IT'S JUST IT'S, IT'S. VERY, VERY. I'M NOT I'M JUST SAYING. HERE'S THE TUB. OKAY. THERE'S THE 4X4 UP THERE. UP THE. OKAY. ALRIGHT. YOU WANT TO SEE HIM? THAT'S WHERE IT ANYWAY. THAT'S THE WHOLE THEY GAVE YOU WHEN THEY GAVE THE BID. AT WHAT? AT WHAT THE COUNTY PAID FOR IT. IT WAS TO TAKE THE ENTIRE STRUCTURE. CORRECT. I DON'T KNOW, THAT'S, THAT'S I DON'T I DON'T GET INVOLVED IN THE BID PROCESS. THAT'S, THAT'S NOT FOR, FOR ME TO BECOME INVOLVED IN. BOTTOM LINE IS OUR JOB IS TO MAKE THE BUILDING NO LONGER UNSAFE. AND THAT'S WHAT WE DID. OKAY. I THINK IT THAT THE TIME LIKE I SAID, I THINK AT THE TIME YOU CLOSE PROBABLY THE COUNTY WOULD BE ENTITLED TO THE $5,900 BY VIRTUE OF. IT BEING A LIEN ON THE PREMISES. SO I DON'T I DON'T KNOW WHAT YOU'RE PAYING FOR. SO IF YOU PAY, SAY YOU PAID $6,000 FOR IT, $5,900 OF THAT WOULD GO TO THE COUNTY, AND $100 WOULD GO TO WHOEVER OWNS IT AT THE TIME. I MEAN, THE TITLE COMPANY IS GOING TO DETERMINE THAT. IS IT POSSIBLE TO TO WORK SOMETHING OUT BECAUSE IT'S I'M I PAY THE TAXES, COMES OUT OF MY POCKET, I PAY EVERYTHING. IS IT POSSIBLE THAT WE COULD SPREAD THIS OVER A FIVE YEAR PERIOD OF TIME? I DON'T HAVE ANYTHING TO DO WITH THAT. THAT'S EXACTLY WHAT WILL HAPPEN. IT'LL IT'LL BE GO ON YOUR TAXES NEXT YEAR SPREAD OUT OVER FIVE YEARS. BUT IF HE'S NOT THE PRESENT OWNER, WHOEVER PAYS THE PROPERTY TAXES IS THE ONE THAT WILL BE PAYING IT. UNLESS HE CLOSES ON IT. IT OUGHT TO BE SATISFIED AT THAT POINT. YEAH, HE NO, THERE IS NO PAYMENT PLAN AT THAT POINT. THAT'S WHAT I'M SAYING. THE TITLE COMPANY AGREES TO IT. YEAH. I MEAN THAT'S I DON'T YOU KNOW, I DON'T KNOW, BUT THE FACT IS YOU WERE THE TITLE HOLDER AT THE TIME ALL THIS WENT DOWN. SO IT WILL BE, YOU KNOW. I ASSUME THAT, WELL, IF IT'S IN OWEN'S NAME NOW. I DON'T KNOW HOW THEY WOULD HAVE

[00:55:12]

HAD AN OBLIGATION TO NOTIFY HIM OF ALL OF THIS. COULD HAVE. YEAH. SO, I MEAN, WE PUT THE LEAN AGAINST THE PROPERTY ON WHICH VIOLATION. VIOLATION. YEAH. SO NOW ANY OTHER IT COULD BE TIED TO ANY OTHER REAL PERSONAL PROPERTY. YEAH. OKAY. LET ME. I'M SORRY TO MAKE THIS ALL CONFUSING. WELL, I MEAN, AND I WAS TRYING AT THE TIME TO, TO GET TO GET IT DONE. I WAS ALSO WORKING OUT OF TOWN. I'M NOT BLAMING YOU FOR ANY OF THIS. THIS IS. THIS IS NOT YOUR FAULT.

THIS WAS SOMEBODY TRYING TO HIDE AN ASSET TO ENTITLE THEM TO SOME SORT OF GOVERNMENT BENEFIT. AND UNFORTUNATELY, SHE PLAYED A ROLE IN IT. AND THIS, YOU KNOW, LIKE I SAID, I DON'T UNDERSTAND HOW THE TITLE EVER GOT IN YOUR NAME TO BEGIN WITH, BUT THERE, YOU KNOW, DOES IT SHOW? DO YOU SEE AN EVIDENCE OF KAVANAUGH TO MISS BAILEY'S? TONY? SO THIS ONE IS. ONE. OF THE ONE THAT SAID SOMETHING ABOUT PERSONAL REPRESENTATIVE THAT LEASE AND SAID, OKAY.

SO THE THAT IN THE THE ESTATE AND WHEN'S THE DAY DON'T DO WE HAVE A DATE ON THAT ONE. THERE WAS ONE DATE. THAT'S RECORDED JULY. AND WHEN IS THE BAILEY TO OWENS.

AND. SO. IT SHOULD BE A LITTLE OLD FINE PRINT ACROSS THE TOP SOMEWHERE WHERE THAT WAS RECORDED. SO. IT CAME OUT OF YOU INTO OWENS OCTOBER OF 25. YEAH. I TOOK IT TO THE COURTHOUSE MYSELF AND. RECORDED IT. HAD IT RECORDED. THE ORIGINAL HEARING, THOUGH. PUT THE MONKEY ON YOUR BACK ON SEPTEMBER THE 10TH OF 25. SO YOU WERE UNDER AN OBLIGATION TO CLEAN IT UP AT THAT POINT IN TIME. SO. ALL OF THESE CONVEYANCES AFTER THAT, YOU KNOW. THAT'S THAT'S GOING TO BE SOMETHING THAT THE PROPERTY APPRAISER IS GOING TO HAVE TO WORK OUT. OKAY. BASED ON. Y'ALL HAVE ANYTHING ELSE? OKAY. BASED ON THE EVIDENCE BEFORE ME, I'M GOING TO FIND THAT THE PROPERTY AT 2211 CROOKED OAK COURT, PANAMA CITY BEACH IS IN THE IN THE UNINCORPORATED AREA OF BAY COUNTY THAT THERE WAS OR HAS BEEN AN ORDER ENTERED ON. LET ME SEE. HOLD ON. THAT THERE WAS AN ORDER ENTERED ON SEPTEMBER THE 10TH, 25, DIRECTING MISS

[01:00:04]

BAILEY TO. ABATE THE VIOLATION. SHE FAILED TO DO THAT, AND PURSUANT TO THAT, THERE WAS A FINE IN THE AMOUNT OF $100 IMPOSED, AND THE COUNTY WAS DIRECTED TO ABATE THE VIOLATION, WHICH THEY DID AT A COST OF $5,900. THE PROPERTY AS OF THIS DATE IS IN COMPLIANCE. AND THAT FUND THE RECORDING OF THIS FINAL ORDER, THE COST OF THE ABATEMENT AND THE AMOUNT OF $5,900 PLUS THE $100 FINE WOULD BE ASSESSED AGAINST. MISS BAILEY, AND IT WILL BE A LIEN ON THE PROPERTY LOCATED AT 2211 CROOKED OAK COURT IN PANAMA CITY BEACH, IN THE ADDRESS OF PANAMA CITY BEACH, WHICH IS UNINCORPORATED AREA OF BAY COUNTY. QUESTION ON THAT PARDON, SINCE IT'S IN MR. OWEN'S NAME NOW, THAT MEANS IF MR. OWEN SELLS THE PROPERTY, THEN IT WOULD COME OUT OF THE SALE. SHOULD COME OUT OF THE PROCEEDS OF MR. OWEN'S SALE? YES. TO HIM.

I ASSUME YOU'RE THE ONE. THAT'S FINE. YEAH. WE'VE ALREADY DONE THE PURCHASE. HAVE YOU RECORDED ANYTHING? HAVEN'T ACTUALLY RECORDED IT. YEAH, WELL, SEE, THAT'S THE PROBLEM. YEAH, THERE'S THERE'S A LOT OF STUFF GOING ON HERE THAT I REALLY DON'T UNDERSTAND. AND AS A LAWYER, I WOULDN'T LIKE, BUT. SO. HAS THE HAVE THE PROCEEDS CHANGED HANDS? MONEY. YEAH.

THERE'S BEEN MONEY CHANGED HANDS. I'VE GIVEN HIM A DOWN PAYMENT ON THE PROPERTY WHEN I PAY HIM MONTHLY. WELL. TECHNICALLY, WITH MR. OWENS SELLING IT TO YOU WITHOUT DISCLOSING TO YOU THAT THERE WAS A. WE DID THAT BEFORE. WE WAS WE WERE STRUGGLING TO GET IT OUT OF HER NAME. INTO HIS NAME. WELL. THERE'S A DISCLOSURE REQUIREMENT IN THE IN THE LAW, I'LL PUT IT THAT WAY. SO YEAH, BUT THERE'S A, THERE'S A LIEN ON THAT PROPERTY AND THAT. YES. SO THAT'S WHERE WE'RE AT. OKAY. THANK YOU. ITEM G IS THE LAST ITEM PRESENT.

THIS IS A REQUEST TO LIFT THE STAY. AND COUNTY ATTORNEY IS HERE TO PRESENT MISS BEVERLY BROWN. WOULD YOU SAY G. YES, YES. WE DON'T HAVE. YEAH. OH OKAY. ALL RIGHT, ALL RIGHT.

YEAH.

ALL RIGHT. SPECIAL MAGISTRATE CODE ENFORCEMENT. SO MR. MARLOW, HAD YOU ENTERED AN ORDER OF ABATEMENT IN HIS CASE, AND THEN HE APPEALED THAT. AND AFTER HE APPEALED THAT DURING THAT PROCESS, HE FILED A MOTION FOR EMERGENCY STAY, WHICH YOU GRANTED ON DECEMBER 16TH OF 2025, AND YOU GRANTED A 90 DAY STAY. AND THEN MUCH TO HONESTLY, TO MY SURPRISE, THE COURT ENTERED AN ORDER LIKE WITHIN A WEEK ON 1222, 2025, THE COURT AFFIRMED YOUR ORDER OF ABATEMENT AND DEMOLITION, ESSENTIALLY DENYING MR. MARLOW'S APPEAL. SO THEN ON ONE NINE, WITH HIS APPEAL HAVING BEEN DENIED, I FILED THE MOTION TO LIFT THE STAY SINCE HIS RELIEF HAD BEEN DENIED SINCE THAT TIME ON 121, 122 2026, HE'S FILED A NOTICE OF APPEAL TO THE FIRST DCA. I DON'T THINK IT'S THAT APPEAL HAS BEEN PERFECTED YET AND COMPLETED, BUT HE HAS FILED A NOTICE OF APPEAL. SO AT THIS POINT, I GUESS THE OPTIONS ARE LIFT THE

[01:05:03]

STAY AND MOVE FORWARD OR COULD DENY IT. AND AT THIS POINT THERE'S ONLY ANOTHER 30 DAYS IN THAT STAY. SO MAYBE WE COULD JUST I MEAN, IT'S UP TO YOU, BUT WAIT AND SEE WHERE WE'RE AT.

THEN, YOU KNOW WHETHER HE'S FILED A NOTICE OF APPEAL. BUT HAS HE SATISFIED ALL THE MONETARY REQUIREMENTS? NO, HE AS OF YESTERDAY, HE HAS NOT, WHICH IS ONE OF THE GROUNDS I WAS GOING TO SAY THAT ARGUABLY COULD MOVE FORWARD. HE HAS NOT FILED HE HAS NOT PAID THE FEES.

AND HE ALSO THERE WAS ANOTHER REQUIREMENT. I SAW HE HAD TEN DAYS TO MEET. SO HE HAS NOT MET.

THE APPEAL HAS NOT YET BEEN PERFECTED AND THERE IS OUTSTANDING DOCUMENTS AT THIS TIME, BUT HE STILL HAS TIME TO PAY THAT FEE. I WILL SAY THAT I BELIEVE ON JANUARY 26TH THEY ENTERED AN ORDER GIVING HIM 30 DAYS, AND THEN THERE WAS ANOTHER ORDER FOR TEN DAYS HAVING TO DO WITH SERVICE. LET ME. I CAN SHOW YOU. WELL, IF ON THE 26TH OF JANUARY THEY GAVE HIM 30 DAYS TO DO SOMETHING RIGHT, THAT'S GOING TO RUN OUT SOON, IT'S PROBABLY GOING TO RUN OUT ABOUT THE TIME MY STAY DOES. IF YOU WANT TO SEE. I GUESS JUST, YOU KNOW, JUST THE DOCKET. BUT THE LOWER COURT, THE CIRCUIT COURT DID A REALLY GOOD ORDER. SO I FEEL PRETTY CONFIDENT. GOTTA HAVE AN ORDER OF INSOLVENCY OR PAY FILED. RIGHT. 305. PAY THE $300 FILING.

THAT'S CORRECT. ARE YOU ENTITLED TO AN ORDER OF INSOLVENCY IN A CIVIL MATTER? I DON'T, I'M NOT. HONESTLY, I DON'T EVEN KNOW. I MEAN, I'M NOT SURE BECAUSE, I MEAN, I NEVER DID APPELLATE WORK, SO I. I'M NOT SURE, BUT HE'S EITHER GOT TO PAY OR GET SOMETHING RIGHT BY IN 30 DAYS. AND THERE ARE SOME OTHER RULES, TOO, THAT HE WOULD HAVE TO COMPLY WITH.

AND IT WOULD BE A VERY LIMITED, LIMITED REVIEW. YEAH. I MEAN, YOU KNOW, I THINK THAT THE CIRCUIT JUDGE SAID THAT HE HAD FAILED TO MOVE FOR A STAY, AND THEREFORE HE SENT IT BACK TO ME TO ENTER AN ORDER. EITHER STAY IN OR NOT. I THINK THE CIRCUIT COURT'S OPINION WAS THAT THAT WAS TO BE RAISED IN THE BEFORE YOU AND NOT BEFORE THEM, AND IF YOU DENIED IT, THEN AT THAT POINT, IF HE WANTS TO FILE SOMETHING MORE THAT HE COULD. OKAY, LET'S LET IT COOK. YEAH.

I MEAN, IT'S ONLY IT'S ONLY ANOTHER 30 DAYS. SO WE'LL WE'LL SEE WHAT'S GOING ON. MR. MARLOWE, DO YOU WANT TO SAY ANYTHING? YES, SIR. ALL RIGHT. HOW ARE YOU DOING TODAY, SIR? ALL RIGHT. WAS THE $300 GO. THAT WILL BE PAID TODAY, SIR. BUT SINCE YOU DID GIVE ME THE STAY. AND I APPRECIATE THAT I HAVE CAME IN COMPLIANCE WITH THE. THE HOUSE IS TOTALLY REPAIRED. NEW SIDING, NEW WRAP ALL AROUND IT. MR. MARLOWE, YOU KEEP TELLING ME THAT. BUT YOU HAVEN'T COMPLIED WITH THE LAW IN REPAIRING IT. WELL, SIR, THAT AIN'T THAT IS NOT GOING.

YOU'RE YOU'RE NOT GOING TO WIN ON THAT ISSUE, SIR. OKAY. SAY SOMETHING SIR. YEAH. OH. MARCH 19TH YOU TOLD ME THAT I COULD GET A FINE FOR $1,000 IF I DIDN'T HAVE THE PERMITS FOR ALL REPAIRS. DIDN'T HAVE TO BE DONE BY MARCH. BY APRIL 23RD. THAT'S WHAT YOU TOLD ME ON MARCH 19TH.

I HAVE IT IN, I HAVE IT, I HAVE IT. THAT'S WHAT CIRCUIT COURT SAID IN HIS RULING. SO I HAVE THAT A COPY OF THAT. AND SO BEING THAT YOU SAID THAT I WAS UNDER THE IMPRESSION THAT AS LONG AS I STARTED THE REPAIRS THAT I WOULD BE IN COMPLIANCE. THAT'S WHAT I TOLD YOU. YOU CAN'T DO THE REPAIRS. SO RIGHT NOW, I DIDN'T DO THE REPAIRS. I HAVE AN AFFIDAVIT FROM A CONTRACTOR THAT ACTUALLY DID THE REPAIR, A SWORN AFFIDAVIT I'D LIKE TO SUBMIT, IF IT'S POSSIBLE. NOT RIGHT NOW. WE'RE WE'RE WE'RE DEALING WITH THE STATE. WE'RE ON A WE'RE ON A HIATUS RIGHT NOW. THERE'S A THERE'S A STAY IN PLACE. SO WE'RE NOT GOING TO TAKE ANYTHING. WE'RE GOING TO WE'RE JUST DEALING WITH THE STAY RUN OUT. AND THEN WE'RE GOING TO SEE WHERE WE'RE AT. THAT STAY RUNS OUT MARCH 16TH. SO RIGHT NOW WHAT I GOT THE PLACE TOTALLY IN COMPLIANCE. I'M ASKING THE JUDGE, CAN YOU JUST ORDER MR. THORPE TO COME OUT

[01:10:04]

THERE AND DO ANOTHER INSPECTION OF IT, PLEASE, SIR, I DON'T HAVE. THAT'S ALL I GOT. YOU KNOW, THAT'S UP TO THEM. I DON'T I DON'T GET IN. I DON'T TELL THEM WHAT TO DO ON THAT INSPECTION. THERE WERE NO PERMITS EVER. SO THERE CAN'T BE AN INSPECTION. WELL, YOU DIDN'T GET PERMITS. I CAN'T GET PERMITS, SIR, BECAUSE YOU CAN'T PROVE YOU OWN THE BUILDING. I HAVE. CAN I SAY SOMETHING, SIR? ACCORDING TO THIS. MISS DENSMORE, WHO'S THE PROPERTY OWNER? SHE'S DOING EVERYTHING TO GET ME A TITLE BECAUSE IT WAS AN ABANDONED MOBILE HOME.

AND MR. FLETCHER SOLD IT TO ME. AT THE TIME, I DIDN'T KNOW ALL OF THIS WAS GOING ON. I THOUGHT A BUILDING SALE WAS ACCEPTABLE. SO RIGHT NOW. ON DECEMBER 19TH, YOU GAVE ME AN I MEAN, DECEMBER 16TH, YOU GAVE ME A STAY WHICH RUNS OUT MARCH THE 16TH, WHICH ANOTHER MONTH OR SO. SO I'M ASKING IN GOOD FAITH, YOUR HONOR. I'M DOING EVERYTHING I CAN TO TRY TO SAVE MY HOUSE. I DON'T DOUBT THAT YOU ARE DOING WHAT YOU BELIEVE. SO RIGHT NOW, THE PROPERTY I'M RIGHT NOW, SIR.

I'M IN THE PROCESS OF DOING A DECLARATORY JUDGMENT FOR TRY TO RECEIVE THE TITLE MYSELF.

THAT'S WHAT I'M IN THE PROCESS OF DOING RIGHT NOW, SIR. BECAUSE I DON'T KNOW WHAT TO DO TO GET ENTITLED. MISS DENSMORE IS TRYING TO GET THE TITLE. SHE'S THE PROPERTY OWNER. SO BY LAW, THE PROPERTY IS THEIRS. SO SHE DID AN ABANDONMENT THING ON IT. SO FAR IT'S TAKEN SO LONG TO DO IT. SO MY NEXT STEP WAS TO DO A DECLARATORY JUDGMENT. THAT'S WHERE I'M AT WITH THIS RIGHT NOW. I APPEALED TO THE DCA. WE'RE GOING TO LEAVE THE STAY IN PLACE UNTIL IT RUNS OUT, WHENEVER THAT IS. AND THEN AT THAT TIME, SOME OTHER DAY AT THAT TIME, THEN CAN I JUST SUBMIT? I GOT EVERYTHING DONE. BUT WE'RE NOT GOING TO SUBMIT ANYTHING RIGHT NOW. SO I HAVE ANOTHER HEARING. WOULD I HAVE ANOTHER HEARING AFTER THE STAY RUNS OUT? OR WHAT DO WE DO? DEPENDS ON WHAT THE THE RESULTS OF THE THIRD OR THE FIRST. DCA SAYS, OKAY, SO YOU KNOW. I DON'T KNOW WHAT'S GOING TO I DON'T KNOW WHAT THEY'RE GOING TO DO. OKAY. SO. MAN, SO I JUST BUMPED ā– $3,700 REPAIRING THE HOUSE. SO IT IS IN COMPLIANCE. WELL THE ARGUMENT WAS, SIR, THAT MY HOUSE WAS NOT IN COMPLIANCE. IT WAS UNFIT AND UNSAFE. I MADE THE REPAIRS IN COMPLIANCE. YOU HAVEN'T GOT THE ANY PERMITS. YOU KNOW, IT CAN'T BE IN COMPLIANCE IF YOU DIDN'T GET THE PERMITS. SO WE'LL HAVE TO DEAL WITH THAT AFTER MARCH THE 16TH. WE DO HAVE THE ORDER TO ABATE ALREADY. THAT'S WHAT HE'S APPEALING. SO IF IT'S DEPENDING ON HOW THE DCA RAISES THEIR ORDER, YOU KNOW WE'LL GO FROM THERE. BUT UNTIL WE HEAR SOMETHING FROM DCA. I GOT MY QUESTION WOULD BE IF THEY UPHOLD YOUR ORDER, THEN WE WOULD NOT HAVE ANOTHER HEARING BECAUSE THE STAY HAD BEEN LIFTED. GO FORWARD WITH ABATEMENT. LET'S SEE HOW THE DCA OKAY. I DON'T EVER TRY TO SUBSTITUTE MY JUDGMENT FOR THE DISTRICT COURT OF APPEALS. I UNDERSTAND, I JUST WANT TO MAKE SURE THAT THAT HE'S THAT MR. MARLOW MARLOW UNDERSTANDS THAT THERE MAY NOT BE ANOTHER HEARING IN FRONT OF YOU, AND THERE MAY NOT BE ON WHAT? GO FORWARD. BUT SO WOULD THE STAY. OKAY, IF THE DCA HASN'T RULED IN 30 DAYS, THEN WHAT WILL IT STAY? CONTINUE UNTIL AFTER THEY RULED? NOPE. THEY STAY. IT'S GOING TO VACATE WHETHER THEY RULED OR NOT. WELL, I MEAN, I'M GOING TO WAIT AND SEE WHAT HAPPENS. I MEAN, IN GENERALLY IN CASES LIKE THIS, IT DOESN'T TAKE LONG FOR THE DCA TO MAKE A RULING, BUT I'M NOT SAYING THAT THAT'S GOING TO BE THE CASE. I'M GOING TO WAIT AND SEE I CAN'T. KARNAK, WHAT'S HAPPENING IN THE FUTURE? SO WHEN WE WHEN THE STAY RUNS OUT, I'M GOING TO ASK THE COUNTY ATTORNEY WHERE WE ARE IN THE DCA AND AND LET HER TELL ME. YAY! NAY, THEY HAVEN'T DONE ANYTHING. THEY'RE ASKING FOR MORE DOCUMENTS, WHATEVER THE CASE MAY BE. WELL, THEN YOU'LL MAKE A DETERMINATION. THEN I'LL SEE WHAT I THINK WE NEED TO DO AT THAT POINT. BUT THERE IS AN ORDER OF ABATEMENT. YOU NEED TO UNDERSTAND THAT RIGHT NOW THERE IS AN ORDER, WHAT THEY CALL AN

[01:15:05]

ORDER OF ABATEMENT. IN OTHER WORDS, COUNTY, TEAR DOWN THE TRAILER. AND IF NO MATTER WHETHER IT'S IN COMPLIANCE, LIKE I SAID, DEPENDING ON WHAT THEY SAY, I MIGHT SAY COUNTY, GO TEAR DOWN THE TRAILER, I GOTCHA. OKAY, BUT THOSE ARE FROM MISS BEVERLY. I THINK THAT, YOU KNOW, I'M. CAN'T GET ANY STRANGER. ITEM D 3110 AMANDA CIRCLE. THANK YOU, MISS BEVERLY.

I REALLY NOW WHICH ONE IS THIS? 3110 3110 AMANDA OKAY. HELLO. HELLO, MISS JODI WITH THE BAY COUNTY CODE ENFORCEMENT. I AM LOOKING FOR BRETT KEMP. THAT IS ME. HI. HOW ARE YOU? I'M GOOD.

HOW ARE YOU DOING TODAY? I COULD BE BETTER. WELL, MISS KATHY, YOU'RE CURRENTLY IN THE MAGISTRATE HEARING, AND I NEED TO GO AHEAD AND SWEAR YOU IN. OKAY. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES, MA'AM. AND WHAT IS A GOOD MAILING ADDRESS FOR YOU? THE 3110 AMANDA CIRCLE. OKAY. THE MAGISTRATE AND CODE ENFORCEMENT ARE GOING TO SPEAK NEXT. OKAY.

THANK YOU. MA'AM, MY NAME IS BILL LEWIS. I'M THE SPECIAL MAGISTRATE ASSIGNED TO THIS CASE. WHAT WE'RE GOING TO DO IS THE CODE ENFORCEMENT OFFICER WILL TESTIFY AS TO HIS FINDINGS.

HE MAY SHOW EXHIBITS HERE IN THE ROOM RELATED TO PHOTOGRAPHS THAT HE MAY HAVE TAKEN. AND THEN AT THE END OF THAT, YOU'LL BE GIVEN A CHANCE TO ASK HIM ANY QUESTIONS YOU WANT TO, OR OFFER TESTIMONY THAT YOU WANT TO OFFER. OKAY. ALL RIGHT. ALRIGHT. HELLO, MISS KEMP, THIS IS ROBERT CLARKSON. I'M INVESTIGATOR WITH BAY COUNTY CODE ENFORCEMENT, AND I'VE SUBMITTED MY EXHIBITS AND PREPARED MY REPORT FOR THIS CASE. ON MAY 13TH, 2005, I WAS PATROLLING IN THE AREA OF BAYOU GEORGE IN THIS NEIGHBORHOOD AND OBSERVED THE PROPERTY. 3110 AMANDA CIRCLE. HERE IS A A PICTURE OF THE AERIAL. AND SLIDE TWO IS AT THE DEAD END OF PIPELINE. PIPELINE 231, JUST NORTH IS AT THE VERY DEAD END OF PIPELINE, WHERE IT CURVES AROUND TO A SECLUDED LITTLE NEIGHBORHOOD BACK THERE IN THE BACK. THIS IS AN OVERVIEW OF THE PROPERTY. SO MAY 13TH I CONDUCTED A. I WAS IN THE AREA AND DOING A ROUTINE INSPECTION.

AT THIS TIME I SLIDE FIVE. AS YOU CAN SEE, THERE'S A COUPLE OF SHEDS HERE WITH MATTRESS IN FRONT, A BUNCH OF PROPERTY IN FRONT OF THE SECONDARY SHED AND THEN TOWARDS THE BACK A BUNCH OF PROPERTY AND DEBRIS. ALSO NOTED THERE WAS OVERGROWTH ALONG WITH THE THE PROPERTY, JUNK AND DEBRIS. AT THAT TIME. I PLACED A YELLOW TAG ON THE MAILBOX, NOTING THE VIOLATIONS AND GIVING THEM TEN DAYS TO BRING THE PROPERTY INTO COMPLIANCE. ON JUNE 2ND, I REINSPECTED THE PROPERTY BASICALLY FOUND THAT THAT LITTLE HAD BEEN DONE. SLIDE TEN.

AS YOU CAN SEE, THE MATTRESS STILL THERE, THE OVERGROWTH, THE ITEMS IN THE BACK. NOW YOU CAN SEE SOME TIRES BACK AGAINST THE FENCE. BACK IN THE BACKGROUND IS WHAT LOOKS LIKE WAS A SHED BACK THERE AND IT GOT TORE DOWN. NOW, I DON'T KNOW IF THIS WAS ALL THE STUFF THAT WAS INSIDE THE SHED. IN SLIDE 12. OBVIOUSLY THE OVERGROWTH HADN'T BEEN ADDRESSED AT THAT TIME. I DID SPEAK WITH A FEMALE MISS KEMPF WITH THAT. WAS THAT YOU WHO I SPOKE WITH THAT DAY? WAS I. I THINK I WAS OUT IN THE YARD. YES. YEAH. I KNOW THAT YOU IDENTIFIED YOURSELF AS POSSIBLY THE DAUGHTER OF THE PROPERTY OWNER. YES, I PROBABLY DID. I REMEMBER TALKING TO YOU AND TELLING YOU THAT WE'RE TRYING TO GET IT SITUATED. EVERYTHING.

AT THAT TIME, I WAS STILL LIVING IN DOTHAN AND I COULD NOT STAY TO HELP CLEAN IT ALL

[01:20:07]

UP. BUT PROCEED. I'LL GO AHEAD AND MAKE MY STATEMENT AT THE END. BUT YES, SIR, THAT WAS ME.

ALL RIGHT. SO SO I DID SPEAK WITH HER AND SHE TOLD HER THAT HER PARENTS ARE ELDERLY AND THEY'RE TRYING TO BRING THE PROPERTY IN AS BEST THEY CAN. SO JUNE 7TH, WE INSPECTED THE PROPERTY, REMAINED THE SAME. NO IMPROVEMENTS. NOPE. I THEN SENT OUT A CERTIFIED AND REGULAR MAIL NOTICE OF VIOLATION, NOTING THE VIOLATIONS TO THE ADDRESS OF MR. AND MISS BOYCE.

USING 3110 AMANDA CIRCLE. THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED THE DATE THE REGULAR MAIL NOTICE HAS NOT RETURNED. ON SEPTEMBER 11TH, I INSPECTED THE PROPERTY AND IT REMAINED IN VIOLATION. YOU CAN SEE NOW THERE IS SOME CLEANING STARTING TO TAKE PLACE WITH OBVIOUSLY THE BAGS OF DEBRIS. SLIDE 18. ON SEPTEMBER THE 15TH, I INSPECTED THE PROPERTY AGAIN.

IT REMAINED IN VIOLATION. JUST SOME OF THE ITEMS HAVE KIND OF BEEN MOVED AROUND AND SOME HAVE BEEN TAKEN AWAY. OVERGROWTH IS KIND OF THERE. YOU SEE A TRAILER STILL FULL OF OF DEBRIS TO BE HAULED OFF. OCTOBER THE 13TH TO BE INSPECTED. THE PROPERTY. AND, YOU KNOW, STILL KIND OF THEY'RE WORKING ON IT, BUT IT'S KIND OF SEEMS LIKE IT'S HIT AHEAD. THE TRAILER STAYED THERE FOR A WHILE. NOVEMBER 17TH RE INSPECTED THE PROPERTY. SEE NOW THE TRAILER IS KIND OF BEEN MOVED. LOOKS LIKE IT HAS ADDITIONAL FURNITURE AND STUFF ON IT.

OVERGROWTH AND ALL ON THE SIDE. SLIDE 29. IN RESPECT TO PROPERTY AGAIN UNTIL JANUARY 7TH, AS YOU CAN SEE THE THE THE TRAILER WITH ALL THE FURNITURE AND DEBRIS ARE ON IT. THE TIRES ARE STILL THERE. THERE'S STILL A LOT OF LOT OF JUNK AND DEBRIS THAT HAS BEEN THERE'S NOW TRAVEL TRAILER IN THE BACK, ALTHOUGH IT'S NOT NOTED IN THIS VIOLATION. THERE'S LARGE DEBRIS PILE IN THE BACK STILL THERE. 534 JUST A LITTLE CLOSER LOOK OF THAT AREA. THE FRONT YARD HERE ON SLIDE 35 ON JUNE 7TH. JUST SOME SORT OF DEBRIS PILE THERE. AT THAT TIME, I WENT AHEAD AND SCHEDULED THE PROPERTY FOR A HEARING. I SENT CERTIFIED NOTICE TO THE ADDRESS THERE. 3110 THE TO DATE. THE CERTIFIED NOTICE WAS DELIVERED ON JUNE 10TH, AND TODAY THE REGULAR MAIL HAS NOT RETURNED. JUNE 26TH THE PROPERTY WAS POSTED FOR THE HEARING. AS YOU CAN SEE, YOU STILL HAVE VERY LARGE DEBRIS PILE ON THE BACK. KIND OF THE GRASS HAS BEEN CUT, BUT THERE'S STILL ITEMS STILL THERE ON THE PROPERTY. IT'S KIND OF BEEN STRATEGICALLY KIND OF PLACED A LITTLE BIT ON THE SIDE OF BEHIND THE SHEDS THAT MAYBE NOT SO MUCH NOTICEABLE FROM THE ROAD, BUT OBVIOUSLY THE LARGE DEBRIS PILE IN THE BACK AND RE-INSPECTED THE PROPERTY ON JANUARY THE 9TH, FEBRUARY, I'M SORRY, FEBRUARY THE 9TH. THEY NOW HAVE A DUMPSTER. THERE'S STILL A LOT OF STUFF LEFT ON THE PROPERTY, BUT I WOULD ASSUME WITH THE DUMPSTER THAT THEY MUST BE MAKING ATTEMPTS TO TRY TO GET RID OF THAT STUFF. OTHER THAN SEEING HER IN THE YARD, I HAVEN'T HAD ANY COMMUNICATION WITH THE PROPERTY OWNER OR WITH HER OTHER THAN TODAY. AND THAT CONCLUDES MY TESTIMONY, MISS KEMP, DO YOU HAVE ANY QUESTIONS FOR CODE ENFORCEMENT OFFICER? I DO NOT. OKAY. ALL RIGHT. IS THERE WHAT DO YOU WANT TO TELL US ABOUT THE SITUATION? LIKE HE SAID, WE DID GET A DUMPSTER AND WE ARE WORKING ON IT. I WAS ABLE TO. HELLO. GIVE ME A MINUTE, PLEASE. LOOK, I AM TRYING TO FIX IT UP, AND I KNOW YOU HEAR THIS ALL DAMN DAY, EVERY DAY. OKAY? AND I'M SO SORRY TO BE ONE OF THE PEOPLE THAT DO THIS, OKAY? BUT I HAVE GOT A DUMPSTER, AND I'M TRYING. I'M ONE PERSON TAKING CARE OF TWO ELDERLY PEOPLE, OKAY? AND I AM TRYING MY BEST. I DID MY DUMPSTER. I DID THE ITEMS THAT YOU SAID THERE TO TO STRATEGICALLY WHATEVER THE WORD IS PLACED ON THE SIDE. YES.

THOSE ARE ITEMS THAT I'M GOING TO THAT ARE THAT THAT I'M GOING TO GO AHEAD AND SEE IF I CAN GET RID OF ON MARKETPLACE BECAUSE THEY'RE ACTUALLY SALVAGEABLE. EVERYTHING ELSE IS GOING IN THE DUMPSTER. BUT I AM ONE PERSON WORKING ON THIS AND I'M DOING THE BEST THAT I CAN.

I'VE GOT THE PORCH CLEANED OFF, I'VE GOT THE FRONT YARD CLEANED OFF. I DID THE THE ONLY REASON WHY THE SIDE WHERE THE MATTRESS WAS AND EVERYTHING IS NOT MOWED IS BECAUSE OF THE FACT THAT I

[01:25:04]

DO NOT HAVE A WORKING LAWNMOWER RIGHT NOW, SO I'M GOING TO HAVE TO FIGURE IT OUT. BUT OTHER THAN THAT, YES, THE THERE'S LIKE FOUR ITEMS. THERE'S A. WELL, HE SHOWED YOU THE PICTURE, SO I AIN'T EVEN GOING TO GO THROUGH THAT. AND SO I AM TRYING MY BEST. AND I KNOW YOU HEAR THAT EVERY DAY ALL DAY. AND I'M SORRY TO BE A STATISTIC, YOU KNOW. BUT I DO GOT THE DUMPSTER THAT IS NEW. IT WAS JUST DROPPED OFF. NOT THIS WEDNESDAY BUT LAST WEDNESDAY.

AND THERE ARE ITEMS IN THERE. SO BLACK HONDA IS IT IS THE REGISTRATION ON THAT VEHICLE CURRENT. MY, MY THAT IS MY CAR. YES SIR. IT IS TITLE TAGGED AND HAS IT HAS FULL INSURANCE ON IT.

THAT IS MY CAR. OKAY. I COULD NOT READ THE LITTLE YELLOW STICKER ON IT, BUT OKAY. I'M SORRY BUT YES IT IS. IT IS FULLY CURRENT. YES. THAT IS IT'S NOT. IT ONLY LOOKS LIKE A JUNK CAR, BUT IT'S REALLY NOT. WELL, WE HAVE WE HAVE A PROHIBITION AGAINST DERELICT VEHICLES. AND IF THEY'RE NOT REGISTERED WITH A CURRENT REGISTRATION, THAT CAN MAKE THEM DERELICT. SO THAT'S THE REASON I WAS ASKING. OH NO, IT'S IT'S IT'S MY CAR. OKAY.

ALL RIGHT. WELL, LET ME ASK YOU THIS. WHEN DO YOU EXPECT ALL THIS STUFF TO BE GONE? WELL, I HAVE THE DUMPSTER, I THINK, FOR 30 DAYS. SO APPARENTLY I NEED TO GET A FIRE WRITTEN UNDERNEATH MY. AND I NEED TO GET IT DONE BECAUSE I GOT 30 DAYS WITH THE DUMPSTER. OKAY? SO. AND THAT WILL BE. YEAH. THE. I ONLY HAVE 30 DAYS WITH IT. AND THIS IS OUR FIRST HEARING ON THIS MATTER. RIGHT. OKAY. LET'S HEAR IT IS SCHEDULED FOR. BUT YOU KNOW, I HAVE NO ARGUMENTS. YOU KNOW, I HAVE NO ARGUMENTS. OH, AND THE REASON WHY I'M SO OFF IS BECAUSE THIS ISN'T EVEN MY. MY PARENTS HAVE PAID SO MANY FREAKING YARD PEOPLE, AND THIS RIGHT HERE IS FROM MY NEPHEW AND MY MY SISTER THAT LIVED HERE. WHEN I GOT HERE, I KICKED THEM OUT OF THE HOUSE. SO I AM DEALING WITH THIS BY MYSELF. THIS IS THEIR THAT THEY CREATED WHEN THEY WERE HERE. AND I KNOW THAT'S NOT YOUR PROBLEM AND I UNDERSTAND THAT. I'M NOT GOING OFF ON YOU. I'M NOT BEING MEAN OR UGLY OR DISRESPECTFUL, BUT IT'S JUST REALLY FRUSTRATING THAT I HAVE TO DEAL WITH THIS AND IT'S JUST EVEN MINE. BUT IT'S OKAY. I'M GONNA GET IT DONE, MISS KIM. YES, MA'AM. SIR, WE CAN SAY THIS IN A LITTLE BIT. NICER WORDS. OKAY, LET'S NOT GO BERSERK HERE WITH THE CUSSING. SO. THE. DO YOU HAVE ANYTHING ELSE? NO. ALL RIGHT. BASED ON THE FACTS THAT I'VE HEARD DISCUSSED IN TESTIMONY AND THE PHOTOGRAPHS THAT I'VE SEEN THAT HAVE BEEN INTRODUCED INTO EVIDENCE, I AM GOING TO FIND THAT THERE IS A VIOLATION OF 1702 ON THE PARCEL LOCATED AT 3110 AMANDA CIRCLE, THAT IS IN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17. NOW, THE THE VOICES ARE YOUR PARENTS, CORRECT? YES. OKAY. ALL RIGHT. SO MISS KEMP HAS APPEARED BY PHONE AND BEEN AFFORDED THE OPPORTUNITY TO CROSS-EXAMINE THE CODE ENFORCEMENT OFFICER, AS WELL AS OFFER TESTIMONY AND EXPLANATION AS TO THE CIRCUMSTANCES THERE ON THE PREMISES. HER APPEARANCE CONFIRMS THE FACT THAT NOTICE WAS GIVEN TO THE RESPONDENTS BY POSTING AND MAIL AND THAT, LIKE I SAID, THERE IS A VIOLATION OF 1702 IN THE FORM OF TRASH, JUNK FURNITURE, TIRES, DEBRIS, AND UNUSED OR UNSCREENED PERSONAL PROPERTY ON THE PREMISES. ABSOLUTELY. OKAY. I'M GOING TO GIVE YOU THE 30 DAYS TO CLEAN THIS UP. THAT'S WHAT YOU SAID. YOU'RE YOU'RE DUMPSTER RENTAL IS FOR. YES. SO MAKE GOOD ON THAT DUMPSTER RENTAL AND PILE ALL OF THAT STUFF IN THE DUMPSTER. GET RID OF IT. YES. YES, SIR. ALL RIGHT. NOW THERE'S SOME TIRES OUT THERE. I DON'T KNOW IF IF YOU PUT THOSE IN THE DUMPSTER, IF THEY'LL KICK THEM OUT OR NOT, BUT. NO,

[01:30:07]

SIR. I HAD JUST PUT WHEN I CLEANED THE WHEN I CLEANED IT UP THE OTHER DAY, I HAD, I HAD PROPPED THEM UP AGAINST THAT POLE AND THAT FENCE OVER THERE. AND TO BE HONEST WITH YOU, IT JUST JUST WENT OUT OF MY MIND. MY MOM JUST GOT OUT OF THE HOSPITAL AFTER A OH, SORRY.

AFTER A WEEK OF BEING IN THERE. AND IT JUST IT JUST SLIPPED MY MIND. BUT I WILL TAKE CARE OF THAT TODAY. OKAY. WHAT I'M SAYING IS, IF THE DUMPSTER PEOPLE SAY YOU CAN'T PUT THOSE IN HERE, THEN MOSQUITO CONTROL, I BELIEVE, WILL PICK THEM UP. IF YOU CAN CALL MOSQUITO CONTROL AND THEY WILL PICK UP THE TIRES BECAUSE THEY DON'T WANT THEM COLLECTING WATER AND BREEDING MOSQUITOES. ABSOLUTELY. WELL, THE LAST SET THAT I PUT OUT WITH THE WITH THE TRASH PEOPLE, THEY ACTUALLY PICKED THEM UP. SO I'M JUST GOING TO ROLL THEM OUT TONIGHT WITH THE WITH THE TRASH. GOOD LUCK. OKAY. BUT LIKE I SAID I'M GOING TO GIVE YOU 30 DAYS TO CORRECT THE ISSUES UP THERE. AND IF YOU DON'T CORRECT THEM THEN THERE'S GOING TO BE A $100 INITIAL FINE.

AND THEN THERE'S GOING TO BE $25 A DAY FINE FOR A PERIOD OF 20 DAYS, AND THAT WILL KICK IN AFTER THE 30 DAYS. SO GET ALL THIS STUFF CLEANED UP SO WE DON'T HAVE TO DO THAT. OH YES SIR, I DON'T PLAN ON TAKING IT THAT FAR. THIS IS THIS IS RIDICULOUS. MY PARENTS SHOULDN'T HAVE TO LIVE WITH THIS ANYWAY, SO. YEAH, I'M ON IT. MISS KEMP, THE RECREATIONAL VEHICLE BEHIND THE HOME. IS ANYONE LIVING IN THAT? NO. OKAY. THANK YOU. OKAY. ALL RIGHT.

WE'LL SEND YOU A COPY OF THIS ORDER UP THERE TO THE AMANDA CIRCLE ADDRESS, SO YOU'LL HAVE A COPY OF IT. KNOW WHAT'S GOING ON, BUT, YOU KNOW, PLEASE DON'T MAKE US HAVE ANOTHER HEARING.

OKAY? OKAY. THANK YOU. OKAY. THANK YOU. BYE. FOR MARCH. MARCH. OKAY. SO WE'LL CHANGE IT TO APRIL. YEAH, THAT'D BE FINE. CHANGE IT. APRIL. OH, GEEZ. CAESAR'S GOT.

THIS ONE. MR. L'S. AND HE DID PAY OFF HIS FINE RIGHT BEFORE THE HEARING. SO WE'RE JUST CLOSING THE CASE OUT NOW. AND WHAT'S THE LETTER ON HIM? I TEN? I TOLD YOU HE PAID THE FINE. OKAY. I SEE THIS IS A SMALL.

THIS IS ROSS JODI WITH THE BAY COUNTY CODE ENFORCEMENT. HI, JODI. HOW ARE YOU? GOOD.

HOW ARE YOU DOING TODAY? GOOD. YOU'RE CURRENTLY IN THE MAGISTRATE HEARING. I NEED TO GO AHEAD AND GET YOU SWORN IN. YES, MA'AM. 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? YES, MA'AM. AND CAN I GET A GOOD MAILING ADDRESS FOR YOU? SURE. 21 CULPEPER STREET, WARRENTON, VIRGINIA, 20186. OKAY. THE MAGISTRATE AND CODE ENFORCEMENT ARE GOING TO SPEAK. MR. BARTELS, MY NAME IS BILL LEWIS. I'M THE MAGISTRATE ASSIGNED TO HEAR THIS CASE. WHAT WE'RE GOING TO DO IS THE CODE ENFORCEMENT OFFICER WILL TESTIFY AS TO HIS FINDINGS, MAY INTRODUCE SOME PHOTOGRAPHS, ETC. REGARDING HIS EXAMINATION OF THE SITE, AND THEN YOU'LL HAVE A CHANCE TO ASK HIM ANY QUESTIONS THAT YOU WANT TO. IT'S MY UNDERSTANDING THAT THE FINE HAS BEEN PAID, BUT THEN. WE'LL LET YOU TESTIFY TO ANYTHING THAT YOU WANT TO TESTIFY TO, AND THEN WE'LL GO ON FROM THERE, OKAY? YES, SIR. THANK YOU. ALL RIGHT. GOOD AFTERNOON. YOU, MAGISTRATE TIM

[01:35:06]

JUSTICE, BAY COUNTY CODE ENFORCEMENT. MR. BARTELS, CAN YOU HEAR ME? YES, SIR. THANK YOU. I HAVE SUBMITTED MY INVESTIGATIVE REPORT FOR THE RECORD. MY NOTICE IS. AND PHOTOGRAPHS ARE ALSO ATTACHED. A COMPLIANCE HEARING WAS HEARD BY THE SPECIAL MAGISTRATE FOR BAY COUNTY ON SEPTEMBER 17TH, 2025. THE MAGISTRATE FOUND THAT THE RESPONDENT HAD FAILED TO COMPLY WITH THE ORIGINAL ORDER. FROM THE FIRST HEARING HELD ON AUGUST 13TH, 2025, THE RESPONDENT WAS NOT PRESENT FOR THE HEARING. PHOTOGRAPHS WERE ATTACHED AND INTRODUCED INTO EVIDENCE AS EXHIBIT EIGHT AND CONTAINED IN THE CASE FILE. THESE ARE SOME OF THE PHOTOGRAPHS YOU REMEMBER. IT'S A VACANT RESIDENTIAL LOT. I BELIEVE IT'S PIPELINE IN 231 HERE IN SLIDE THREE TO STORAGE OF MATERIALS ON A VACANT LOT, THE MAGISTRATE IMPOSED THE INITIAL FINE OF $200 AND A DAILY FINE OF $25 FOR 20 DAYS, PLUS STATUTORY INTEREST FOR NONCOMPLIANCE. THE MAGISTRATE DIRECTED THE STAFF TO ABATE THE NUISANCE AND ALL INCIDENTAL COSTS OF ENFORCEMENT TO CONSTITUTE A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATIONS EXISTED, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATORS.

A COPY OF THIS ORDER IS INTRODUCED INTO EVIDENCE AND ATTACHED TO EXHIBIT B AND CONTAINED IN THE CASE FILE. ON SEPTEMBER THE 18TH, 2025, NOTICE OF INTENT WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER, STATING THAT WORK WOULD BEGIN ON OR AFTER NOVEMBER THE 3RD. ON THE 22ND OF OCTOBER 2025, A PRE-BID INSPECTION WAS CONDUCTED. A COPY OF THE NOTICES OF INTENT A PLACE IT ON A BOARD HERE IN SLIDE FIVE. THIS IS JUST A BUNCH OF BUILDING MATERIAL STORED ON A VACANT LOT ON A SLAB HERE IN SLIDE SIX ON OCTOBER 29TH, THE REINSPECTION WAS CONDUCTED AND THE PROPERTY HAD BEEN CLEANED BY THE PROPERTY OWNER. ON OCTOBER 29TH, A NOTICE OF FINAL HEARING WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER USING THE ADDRESS PO BOX 4782, CHARLOTTESVILLE, VIRGINIA 22905 FROM THE BAY COUNTY PROPERTY APPRAISER'S DATABASE. ACCORDING TO THE POSTAL SERVICE TRACKING SERVICE, THE CERTIFIED NOTICE WAS RETURNED TO US ON JANUARY THE 10TH THAT AS OF YESTERDAY IT HAD NOT RETURNED TO OUR OFFICE SINCE JANUARY THE 10TH. THE REGULAR NOTICE IS NOT RETURNED AS OF THIS DATE. I ALSO MAILED TWO NOTICE OF FINAL HEARINGS REGULAR MAIL TO A WILLIAM BARTELS AND A GINNY KERSEY. BOTH OF THOSE REGULAR MAIL WERE RETURNED ON THE 21ST OF JANUARY, 2026. A COPY OF THE NOTICE WAS POSTED ON THE PROPERTY ON THE 29TH OF JANUARY, 2026. A COPY OF THE NOTICE OF HEARING WAS POSTED AT THE BAY COUNTY CENTER, AND AS MISS CROSBY INFORMED YOU EARLIER, MISS BARTELS CALLED EARLIER AND PAID THE FINE. SO THAT CONCLUDES MY TESTIMONY, MR. BARTELS, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS, YOUR HONOR. OKAY. DO YOU HAVE ANY TESTIMONY THAT YOU WANT TO OFFER OR ANYTHING YOU WANT TO SAY? I'D LIKE TO SAY THAT AT THIS POINT, THE PROPERTY IS IN COMPLIANCE. AND AS WAS TESTIFIED TO, THE CODE ENFORCEMENT INVESTIGATOR CONFIRMED THAT AND THAT THE FINE HAS BEEN PAID. SO I WOULD I WOULD REQUEST THAT NO RELIEF BE GRANTED BY THE MAGISTRATE.

OKAY. WELL, IN LIGHT OF THE FINE BEING PAID AND THE PROPERTY BROUGHT INTO COMPLIANCE, I'M GOING TO CLOSE THE CASE. THANK YOU, YOUR HONOR. OKAY, THAT'LL CONCLUDE A BUSINESS. AND THEY'LL SEND YOU AN ORDER ON THAT FACT. YES, SIR. THANK YOU, YOUR HONOR. HAVE A GOOD DAY. BYE BYE. YES, SIR. YOU TOO. THANK YOU. BYE BYE. OKAY. I THINK THAT CONCLUDES EVERYBODY PRESENT. SO TELEPHONE CALLS. SO THAT WOULD BRING US BACK TO ITEM A, WHICH IS 1140 ONE FOURTH CIRCLE. FIRST SLIDE. SLIDE NUMBER TWO, ACTUALLY TAKEN BETWEEN DECEMBER 25TH AND JANUARY 26TH IS THE LOCATION PURPOSES. PROPERTY IS CIRCLED AND OUTLINED IN BLUE TOP LEFT HAND CORNER. IT'S IN THE SOUTHPORT AREA WHICH IS HIGHWAY 77 AND SOUTHPORT ELEMENTARY SCHOOL. CLOSER UP. AERIAL VIEW OF THE PROPERTY. ON APRIL 4TH, 2025, THIS PROPERTY WAS INSPECTED AND FOUND TO BE IN VIOLATION 17 TWO IN THE FORM OF DERELICT VEHICLES, APPLIANCES, JUNK, UNSCREENED, UNUSED PERSONAL PROPERTY AND YARD DEBRIS. THAT CASE WAS SCHEDULED FOR A HEARING ON OCTOBER 9TH, 2025. HOWEVER, IT WAS REMOVED FROM THE AGENDA AS THE PROPERTY OWNER CORRECTED THE VIOLATIONS ON SEPTEMBER 23RD, 2025. ON JANUARY 6TH, 2026, THE BAY COUNTY CODE ENFORCEMENT DIVISION RECEIVED A COMPLAINT OF DERELICT VEHICLES, DEREK WATERCRAFT AND JUNK ON THIS PROPERTY AND ON JANUARY 7TH, 2026, INVESTIGATOR TONY BRUNING

[01:40:06]

INSPECTED THIS PROPERTY. BASED OFF THAT COMPLAINT, TONY BRUNING, BAY COUNTY CODE ENFORCEMENT I SUBMITTED MY INVESTIGATIVE REPORT NOTICES AND PHOTOGRAPHS FOR THE RECORD ON JANUARY THE 7TH, 2026. I INSPECTED THE PROPERTY AND FOUND IT IN VIOLATION OF BAY COUNTY CODE 17 TWO, IN THE FORM OF DERELICT VEHICLES, DERELICT WATERCRAFT, JUNK AND UNSCREENED UNUSED PERSONAL PROPERTY. PHOTOGRAPHS OF THE PROPERTY ARE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND CONTAINED IN THE CASE FILE. AS YOU CAN SEE, THERE'S ALL KIND OF UNSCREENED PERSONAL PROPERTY AND JUNK SCATTERED THROUGHOUT THE PROPERTY. THERE YOU GOT DERELICT TRAILERS AND WATERCRAFT, AS IT APPEARS TO BE, MAYBE A BOSTON WHALER. THAT I COULDN'T SEE REGISTRATION ON. AND THERE'S A RV, THERE'S NO TAG ON RV. SO IT'S DERELICT.

MORE ON SCREEN PERSONAL PROPERTY AND JUNK. JOHN BOAT UPSIDE DOWN. NO REGISTRATION.

I'M NOT SURE IF THEY THEY HAVE TO BE REGISTERED OR NOT. MORE TRASH AND JUNK ON SCREEN PERSONAL PROPERTY. ALSO ON JANUARY 7TH, 2026, NOTICE VIOLATION NOTICE OF HEARING WAS SENT, CERTIFIED AND REGULAR MAIL TO THE OWNER. RECORD USING THE ADDRESS. 1140 ONE FOURTH CIRCLE, SOUTHPORT, FLORIDA. THE CERTIFIED NOTICE RETURNED UNCLAIMED. THE REGULAR MAIL DID NOT RETURN. JANUARY 29TH. THE PROPERTY WAS POSTED AS WELL AS THE BAY COUNTY GOVERNMENT CENTER. NOW YOU CAN SEE APPLIANCES OUT FRONT. LOOKS LIKE A, I DON'T KNOW, WASHING MACHINE. MAYBE AND MAYBE A REFRIGERATOR BEHIND IT. ON FEBRUARY 9TH, 2026, I REINSPECTED THE PROPERTY. HE'S MADE SOME PROGRESS, BUT THERE'S STILL A VIOLATION. HE'S STILL IN VIOLATION. YOU STILL GOT SOME UNSCREENED PERSONAL PROPERTY AND THE DERELICT VESSELS. DERELICT TRAILERS. HE MOVED THE RV TOWARD THE BACK WHERE YOU CAN'T SEE THE BACK OF IT NOW. ITEMS? YEAH, ALONG THE FENCE. UNSCREENED, PERSONAL PROPERTY, MAYBE SOME JUNK. MORE IN THE BACK, TOWARD THE BACKYARD. SO THE PROPERTY REMAINS IN VIOLATION. IN THIS CASE IS SCHEDULED FOR COMPLIANCE HEARING ON MARCH 19TH, 2026 AT 1 P.M. OKAY. THE FACT THAT THAT HE'S CLEANED IT UP ONE TIME AND THEN BROUGHT IT BACK, ARE Y'ALL GETTING COMPLAINTS ON THIS GUY? WE ARE GETTING COMPLAINTS AND THERE'S NO TELLING. IF YOU LOOK AT THE THE OVERVIEW PHOTO, THE BACKYARD, THERE'S ALL KIND OF STUFF BACK THERE. I JUST CAN'T GET PHOTOGRAPHS OF IT. I MEAN, IT LOOKS LIKE A JUNKYARD IN THE BACK. OKAY. THE. DO WE KNOW WHEN THAT AERIAL WAS TAKEN? THERE SHOULD BE A DATE ON IT. BETWEEN DECEMBER 25TH AND JANUARY 26TH. RIGHT NOW. OKAY. ALL RIGHT. BASED ON THE TESTIMONY I'VE HEARD AND THE PHOTOGRAPHS I'VE SEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 114 ONE FOURTH CIRCLE IN SOUTHPORT, IS WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SOUTHERN DIVISIONS OF CHAPTER 17 OF THE CODE. NOTICE WAS GIVEN TO THE RESPONDENT BY POSTING AND BY MAIL, AND THAT THERE IS A VIOLATION OF 1702 ON THE PREMISES IN THE FORM OF DERELICT VEHICLES, DERELICT WATERCRAFT, JUNK AND UNSCREENED UNUSED PERSONAL PROPERTY. THE RESPONDENT SHALL HAVE A PERIOD OF TEN DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY ALLOWING ONE DERELICT VEHICLE OR WATERCRAFT TO REMAIN ON THE PROPERTY AND ALL OTHER. DERELICT VEHICLES OR VESSELS MUST BE STORED IN AN ENCLOSED

[01:45:01]

STRUCTURE OR REMOVED. REMOVE ANY JUNK AND DISPOSE OF IT PROPERLY. PROPERLY STORE OR REMOVE ANY, ALL, ANY AND ALL UNSCREENED OR UNUSED PERSONAL PROPERTY. THE. RESPONDENT SHALL HAVE THE RESPONSIBILITY TO CONTACT CODE ENFORCEMENT TO. BRING THEM UP TO DATE ON THE PROGRESS OR DELAYS RELATED TO BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE CODES OR ORDINANCES AND REGULATIONS WITHIN THE TEN DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, THE RESPONDENT SHALL BE FINED AN INITIAL FINE OF $200 AND A DAILY FINE OF $25 TO BE IMPOSED AFTER THE 10TH DAY, AND IT SHALL RUN FOR A PERIOD OF 20 DAYS, OR WHEN THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICHEVER SHALL OCCUR FIRST. IT IS THE OBLIGATION OF THE RESPONDENT TO CALL CODE ENFORCEMENT AND LET THEM KNOW THAT THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE IN ORDER TO CAUSE THE FINES TO CEASE, THAT FINE WILL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL. LOCATED IN BAY COUNTY. OVER ON THAT. ITEM. SEE, THERE'S A COMPLIANCE HEARING. PROPERTY ADDRESS. I'M SORRY. ITEM B, AS IN BOY IS 214 ALPINE WAY. SO WE'RE GOING TO DO B B AS IN BOY OKAY. APPLY TO TONI BRUNI, BAY COUNTY CODE ENFORCEMENT. THIS CASE WENT BEFORE THE SPECIAL MAGISTRATE FOR BAY COUNTY ON JANUARY 8TH, 2026 AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE SECTION 17 DASH TWO, IN THE FORM OF BLIGHTED PROPERTY. THE RESPONDENT DID NOT APPEAR AT THE HEARING. PHOTOGRAPHS OF THE PROPERTY ARE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND CONTAINED IN THE CASE FILE. THE MAGISTRATE ORDERED THAT THE RESPONDENT HAVE 30 DAYS TO BRING THE PROPERTY INTO COMPLIANCE, OR AN INITIAL FINE OF $200, AND A DAILY FINE OF $25 CONTINUE EACH AND EVERY DAY UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE. ALL INCIDENTAL COSTS OF ENFORCEMENT SHALL CONSTITUTE A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATIONS EXISTED, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATORS. A COPY OF THE ORDERS INTRODUCED INTO EVIDENCE AS EXHIBIT B AND CONTAINED IN THE CASE FILE. ON JANUARY 29TH. COPY. THE NOTICE OF HEARING WAS POSTED AT BAY COUNTY GOVERNMENT CENTER ON FEBRUARY 9TH, 2026, AND INSPECTION WAS COMPLETED AND THE PROPERTY IS NOW IN COMPLIANCE. THE SIDING HAS BEEN REPAIRED. BASED ON THE TESTIMONY IN THE PHOTOGRAPHS I'VE SEEN INTRODUCED AS EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE BY THE RESPONDENT AND THEREFORE THIS CASE WILL BE CLOSED. OKAY. ITEM C PROPERTY ADDRESS IS 4079 SILVER SPUR ROAD, WHICH IS ALSO A HEARING FOR NONCOMPLIANCE. AN INVESTIGATOR FROM THE ADMINISTRATION, TONY BRUNI, BAY COUNTY CODE ENFORCEMENT. THE CASE WENT BEFORE THE SPECIAL MAGISTRATE FOR BAY COUNTY ON JANUARY THE 8TH, 2026 AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE SECTION 17 DASH TWO, IN THE FORM OF OVERGROWTH. THE RESPONDENT DID NOT APPEAR AT THE HEARING. PHOTOGRAPHS OF THE PROPERTY WERE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND CONTAINED THE CASE FILE. THE MAGISTRATE ORDERED THAT RESPONDENT HAVE TEN DAYS TO BRING THE PROPERTY INTO COMPLIANCE, OR AN INITIAL FINE OF $200, AND A DAILY FINE OF $10 MAY COMMENCE FOR EACH AND EVERY DAY. ANY VIOLATION DESCRIBED HEREIN CONTINUES PAST THE 10TH DAY FOR A PERIOD OF 20 DAYS, OR WHEN THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICHEVER COMES FIRST. ALL INCIDENTAL COSTS OF ENFORCEMENT SHALL CONSTITUTE A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATIONS EXISTED, OR UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATORS. A COPY OF THE ORDER IS INTRODUCED INTO EVIDENCE AS EXHIBIT B AND CONTAINED IN THE CASE FILE. ON JANUARY 20TH, 2026, AN INSPECTION WAS COMPLETED AND THE PROPERTY REMAINED IN VIOLATION. YOU CAN SEE THE OVERGROWTH DOWN THE SIDES AND IN THE FRONT YARD. ON JANUARY 29TH, 2026, A COPY OF THE NOTICE WAS POSTED AT BAY COUNTY GOVERNMENT CENTER AND ON FEBRUARY 9TH, 2026, AN INSPECTION WAS COMPLETED AND THE PROPERTY REMAINED IN VIOLATION. NOW IT'S MY UNDERSTANDING THIS RESIDENCE, THE TWO VEHICLES. I'M SORRY. DEPLOYED. DEPLOYED. YES, SIR. OKAY. ALL RIGHT. BASED ON THE

[01:50:13]

TESTIMONY, I'M GOING TO FIND THAT THE RESPONDENT WAS GIVEN ADEQUATE TIME AND FAILED TO COMPLY WITH THE TERMS OF THE ORDER, AND THAT ENFORCEMENT STAFF OR A CONTRACTOR HIRED BY THE COUNTY SHALL BE AUTHORIZED TO ENTER UPON THE PREMISES AND ABATE ANY AND ALL VIOLATIONS IDENTIFIED IN THE ORDER. THE. FINE AND OR COST OF ABATEMENT WILL BE ADDRESSED AT A FINAL HEARING ON THIS MATTER THAT'S RECORDED. IT WILL BECOME A LIEN AGAINST THE PROPERTY ON WHICH THE VIOLATIONS OCCURRED. OKAY. ITEM E AS IN EDWARD PROPERTY ADDRESS IS 4331 BERRY LANE.

THIS IS ALSO A HEARING FOR COMPLIANCE. AND THIS IS YOUR HUSBAND, TONY BRUNI. BAY COUNTY CODE ENFORCEMENT. THE CASE WENT BEFORE THE SPECIAL MAGISTRATE FOR BAY COUNTY ON JANUARY THE 8TH, 2026 AND WAS FOUND IN VIOLATION OF BAY COUNTY CODE SECTION 17 DASH TWO, IN THE FORM OF JUNK, UNSCREENED, UNUSED PERSONAL PROPERTY AND OVERGROWTH. THE RESPONDENT DID NOT APPEAR AT THE HEARING. PHOTOGRAPHS OF THE PROPERTY WERE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND CONTAINED IN THE CASE FILE. THE MAGISTRATE ORDERED THAT THE RESPONDENT HAVE TEN DAYS TO BRING THE PROPERTY INTO COMPLIANCE, OR AN INITIAL FINE OF $200, AND A DAILY FINE OF $25 MAY COMMENCE FOR EACH AND EVERY DAY. ANY VIOLATION DESCRIBED HEREIN CONTINUES PAST THE 10TH DAY FOR A PERIOD OF 20 DAYS OR WHEN THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICHEVER COMES FIRST. ALL INCIDENTAL COSTS OF ENFORCEMENT SHALL CONSTITUTE A LIEN AGAINST THE REAL PROPERTY IN WHICH THE VIOLATIONS EXISTED AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR. A COPY OF THE ORDER IS INTRODUCED INTO EVIDENCE AS EXHIBIT B AND CONTAINED IN THE CASE FILE. ON JANUARY 20TH, 2026, AN INSPECTION WAS COMPLETED AND THE PROPERTY IS NOW IN COMPLIANCE. BASED ON THE TESTIMONY I'VE HEARD AND THE EVIDENCE I'VE SEEN IN THE FORM OF PHOTOGRAPHS INTRODUCED INTO EVIDENCE. I'M GOING TO FIND THAT THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE IN A TIMELY MANNER, AND THAT THIS CASE SHALL BE CLOSED. BY ITEM H, AS IN HENRY. PROPERTY ADDRESS IS 171 BOCA LAGOON. THIS IS A.

COMPLIANCE HEARING. THERE IS NO REPORT ON THIS. IT'S JUST LETTING ME KNOW THAT HE DID BRING THE PROPERTY INTO COMPLIANCE WITHIN THE TIME FRAME, SHE SAID. FORWARD. IS PRESENTED TO YOU ON JANUARY HEARING AND ON JANUARY 14TH. THIS PROPERTY WAS FOUND IN COMPLIANCE. SO WE JUST ASK THAT YOU FIND THE PROPERTY IS IN COMPLIANCE. OKAY. BASED ON THE TESTIMONY I'VE HEARD AND THE EXHIBITS I'VE SEEN INTRODUCED INTO EVIDENCE IN THE FORM OF PHOTOGRAPHS, I'M GOING TO FIND THAT THE PROPERTY WAS BROUGHT INTO COMPLIANCE IN A TIMELY MANNER, AND THIS CASE SHOULD BE CLOSED. ALL RIGHT. BRINGS US TO ITEM K. PROPERTY ADDRESS IS 81850. C IS A FINAL HEARING TO IMPOSE FINES AMOUNT. AND THAT'S THE BEST. IS THIS OKAY. GOOD AFTERNOON. YOUR MAGISTRATE TIM JUSTICE, BAY COUNTY CODE ENFORCEMENT I HAVE SUBMITTED MY INVESTIGATIVE REPORT FOR THE RECORD, ALONG WITH MY NOTICES AND PHOTOGRAPHS. A COMPLIANCE HEARING WAS HEARD BY THE SPECIAL MAGISTRATE FOR BAY COUNTY ON SEPTEMBER THE 10TH, 2025. THE MAGISTRATE FOUND THE RESPONDENT FAILED TO COMPLY WITH THE FIRST HEARING THAT WAS HELD ON JULY 9TH, 2025. RESPONDENT WAS NOT PRESENT FOR THE HEARING. PHOTOGRAPHS OF THE PROPERTY ARE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND CONTAINED IN THE CASE FILE. IF YOU REMEMBER, THE THREE STORAGE SHEDS IN THE RIGHT OF WAY, THIS IS ONE OF THE PHOTOGRAPHS THAT WAS SHOWN TO YOU HERE IN SLIDE THREE. THE MAGISTRATE IMPOSED THE INITIAL FINE OF $200 PLUS STATUTORY INTEREST FOR NONCOMPLIANCE, AND THE MAGISTRATE ORDERED THAT HE WOULD ADDRESS THE DAILY FINE. DURING THE FINAL HEARING, THE MAGISTRATE DIRECTED STAFF TO ABATE THE NUISANCE AND ALL INCIDENTAL COSTS OF ENFORCEMENT TO CONSTITUTE A LIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATIONS EXISTED AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATORS. AND THE COPY OF THIS ORDER IS ATTACHED AS EXHIBIT B AND CONTAINED IN THE CASE FILE. ON SEPTEMBER THE 12TH, 2025, A NOTICE OF INTENT WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER, STATING THAT WORK WOULD BEGIN AFTER, ON OR AFTER NOVEMBER THE 3RD. ON THE 22ND OF OCTOBER 2025, A PRE-BID INSPECTION WAS CONDUCTED HERE IN SLIDE FIVE,

[01:55:02]

YOU HAVE ONE IN THE RIGHT OF WAY, TWO IN THE RIGHT OF WAY, AND THEN THE THIRD ONE HERE. I DID MAKE CONTACT WITH THE PROPERTY OWNER THAT DAY. SHE WAS PRESENT AND EXPLAINED TO HER WHAT WOULD OCCUR ON OR AFTER SAID SAID GIVEN DATE. ON NOVEMBER THE 6TH, A RE INSPECTION WAS CONDUCTED AND THE PROPERTY HAD BEEN BROUGHT INTO COMPLIANCE BY THE PROPERTY OWNER. ALL THREE OF THOSE SHEDS, YOUR MAGISTRATE, WERE THEY OWED MONEY, SO THEY JUST TURNED THEM BACK OVER TO THE COMPANIES. REALLY? YES, SIR. I WAS AS SHOCKED AS YOU WERE. WELL, I KNOW THAT DURING THE HEARING HE TESTIFIED THAT YOU KNOW ABOUT HIS CARS. HE SAID, YOU KNOW, THEY'RE FIXING TO GO BACK. THEY'RE GOING TO REPOSSESS THEM, EVERYTHING LIKE THAT. AND HE HAD I THINK HE HAD CANCER OR SOMETHING LIKE THAT. HE WAS HE DOES, HE DOES. WOW. ON NOVEMBER 6TH, 2025, A NOTICE OF FINAL HEARING WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER USING THE ADDRESS 818 AVENUE C AND ON THE BAY COUNTY PROPERTY OR PROPERTY APPRAISER'S DATABASE. THE CERTIFIED NOTICE WAS DELIVERED TO THE RESPONDENT ON THE 13TH OF NOVEMBER, 2025, AND THE REGULAR NOTICE HAS NOT RETURNED AS OF THIS DATE. ON THE 21ST OF JANUARY 2026, A COPY OF THE NOTICE OF HEARING WAS POSTED ON THE PROPERTY AND ON JANUARY THE 29TH, 2026, A COPY OF THE NOTICE OF HEARING WAS POSTED AT THE BAY COUNTY GOVERNMENT CENTER. THIS CONCLUDES MY TESTIMONY AT THIS TIME. OKAY, SO WHAT WE'RE SAYING IS HE JUST OWES FOR THE THE TIME UNTIL IT WAS BROUGHT INTO COMPLIANCE. RIGHT. THE. THEIR INITIAL FINE.

AND THEN YOU IMPOSE THE INITIAL FINE AT THE COMPLIANCE HEARING. AND WHAT WE'RE ASKING TODAY IS THE MAGISTRATE IMPOSE A DAILY FINE OF $25 TO 20 DAYS FOR THE REMAINING BALANCE OF THE 500.

SO HE CURED THE PROBLEM AFTER THE 20 DAYS? YES, SIR. WE PRE-BID IT AND IT WAS GETTING CLOSE TO WHERE THE CONTRACTOR WOULD HAVE REMOVED THEM. BUT THE COMPANY THE DELAY WAS THE COMPANY'S COMING TO GET THEM. BUT THEY DID. ALL RIGHT. ALL RIGHT. BASED ON THE TESTIMONY I'VE HEARD, EXHIBITS I'VE SEEN IN THE FORM OF PHOTOGRAPHS, I'M GOING TO FIND THAT THE RESPONDENT FAILED TO TIMELY COMPLY WITH THE TERMS OF THE ORDER, AND THERE IS AN INITIAL FINE OF $200, WHICH I UNDERSTAND HAS ALREADY BEEN SUBJECT OF A PREVIOUS ORDER, AND A DAILY FINE OF $25 FOR A PERIOD OF 20 DAYS FOR AN ADDITIONAL $500 FINE. THAT FINE WILL BE IMPOSED AND BECOME A LIEN ON THE REAL AND PERSONAL PROPERTY, ON THE REAL PROPERTY ON WHICH THE VIOLATIONS OCCURRED, AND IT WILL ALSO BE A LIEN AGAINST ANY REAL OR PERSONAL PROPERTY BY THE RESPONDENT. OKAY, FINAL ITEM FOR TODAY IS ITEM O, AS IN OCEAN PROPERTY ADDRESS IS 49, 2149 29 DEERWOOD AVENUE, AND THE FINAL HEARING TO IMPOSE A LIEN FOR COST OF ABATEMENT. THIS COMPLIANCE HEARING WAS HELD BY THE SPECIAL MAGISTRATE ON OCTOBER 15TH, 2025 AND MAGISTRATE FOUND RESPONDENT HAD FAILED TO COMPLY WITH THE ORDER FROM SEPTEMBER 10TH, 2025. THE RESPONDENT DID NOT APPEAR AT THE HEARING. PHOTOS OF THE PROPERTY ARE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND CONTAINED IN THE CASE FILE.

THIS WAS THE BUILDING INSPECTION THAT WAS PRESENTED TO YOU AT THE HEARING. TO REFRESH YOUR MEMORY ON THIS PROPERTY, THE MAGISTRATE ORDERED THAT THE RESPONDENT PAY $200 IN FINES PLUS STATUTORY INSURANCE FOR NONCOMPLIANCE. THE MAGISTRATE DIRECTED STAFF TO ABATE THE NUISANCE FOR ALL INCIDENTAL COSTS OF ENFORCEMENT, TO CONSTITUTE A LIEN AGAINST THE PROPERTY ON WHICH THE VIOLATION EXISTED, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY RESPONDENT. A COPY OF THIS ORDER IS INTRODUCED INTO EVIDENCE AS EXHIBIT. ON OCTOBER 16TH, 2025, A NOTICE OF INTENT WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNERS, STATING THAT WORK WOULD BEGIN ON OR AFTER AND I'M SORRY AGAIN. ONCE AGAIN, THAT'S THE WRONG VERBIAGE THAT THE DEMOLITION NOTICE OF INTENT DEMOLITION STARTS IMMEDIATELY. THE FINAL DEMOLITION STARTING ON ON OR AFTER NOVEMBER 15TH. OCTOBER 22ND, 2025 PRE-BID IN SECTION WAS COMPLETED AND. EVALUATION. FOR THOSE. PROPERTY WAS CLEANED BY A COMPANY CONTRACTED BY THE COUNTY AT A COST OF $4,500. UPON INSPECTION ON DECEMBER 7TH, 2025. THE. WAS FOUND TO BE IN

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COMPLIANCE. THE LAST PHOTOS. I POSTED THIS A LOT OF THERE'S A LOT. DECEMBER 31ST AND IT IS.

THE FINAL HEARING WAS SENT CERTIFIED AND REGULAR MAIL. THE NOTICE WAS DELIVERED ON JANUARY 11TH, 2026. A COPY OF THE NOTICE OF HEARING WAS POSTED ON THE PROPERTY ON JANUARY 15TH.

COUNTY GOVERNMENT CENTER. ON JANUARY 2920. MY TESTIMONY. OKAY, SO OTHER THAN THE $4,500 WE'VE ADDRESSED EVERYTHING ELSE. THE OTHER THIS IS THE COST OF THE ABATEMENT. OKAY. ALL RIGHT.

BASED ON THE TESTIMONY I'VE HEARD AND THE EXHIBITS I'VE SEEN INTRODUCED INTO EVIDENCE IN THE FORM OF PHOTOGRAPHS, I'M GOING TO FIND THAT THE. COUNTY WAS ENTITLED TO CONDUCT THE ABATEMENT PROCESS AND THAT AS A RESULT, THEY HAVE INCURRED $4,500 IN COSTS THAT SHALL BE REDUCED TO A LIEN AGAINST THE RESPONDENT AND ALL INTEREST AT THE STATUTORY RATE. UPON RECORDING PROPERTY HAS NOW BEEN BROUGHT INTO COMPLIANCE, BUT THE FINAL ORDER, WHEN RECORDED IN THE BOOKS OF BAY COUNTY, WILL BE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS OCCURRED, AND AGAINST ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE RESPONDENT. IN BAY COUNTY. THE COUNTY COMMISSION IS ENTITLED TO COLLECT THESE COSTS BY VIRTUE OF THE UNIFORM ASSESSMENT COLLECTION ACT. IN CHAPTER 21 OF THE CODE. IS THAT CONCLUDES THE AGENDA.

* This transcript was compiled from uncorrected Closed Captioning.