Mar 12, 2026 Code Magistrate Hearing

[Code Magistrate Hearing on March 12, 2026.]

[00:00:07]

MEETING TO ORDER. I HAVE REVIEWED THE DOCKET. DON'T SEE ANY BASIS FOR ANY RECUSALS IN THESE MATTERS. I HAVE NOT HAD ANY EX PARTE COMMUNICATIONS WITH ANYONE REGARDING THE CASES.

IF YOU ANTICIPATE GIVING TESTIMONY, IF YOU WOULD STAND AND BE SWORN. PLEASE RAISE YOUR RIGHT HAND. DO 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? OKAY, IF YOU HAVE A CELL PHONE, I'D ASK THAT YOU EITHER TURN IT OFF OR TURN IT TO SILENT. OKAY, SIR. YOU READY? YES, SIR. JUST MAKE COUNTY CODE ENFORCEMENT. JUST FOR THE RECORD, ITEMS A B, C, D, E, AND G ARE PRESENT. AND WE WILL BEGIN WITH THOSE FIRST. OKAY. BEGIN WITH ITEM A4115 HOLIDAY DRIVE. THIS IS THE FIRST HEARING FOR A LAND DEVELOPER REGULATION VIOLATION AND REGULATION VIOLATION. CHAPTER 20 303. THIS FIRST SLIDE IS JUST A GENERAL SLIDE FOR JURISDICTION PURPOSES. YOU CAN SEE THE RED DOT, THE SOUTH THOMAS DRIVE. THANK YOU. SEE THE RED DOT JUST SOUTH THOMAS DRIVE AT THIS POINT IN THE. INVESTIGATION. I'M GOING TO TURN IT OVER TO INSPECTOR SCOTT THORPE. WILL IT BE SINCE IT IS A LAND DEVELOPMENT REGULATION VIOLATION, INSPECTOR THORPE? OR INSPECTOR THORPE? BUILDING CODE ENFORCEMENT. I'VE SUBMITTED MY CREDENTIALS FOR THE RECORD, ALONG WITH MY NOTICES AND PHOTOGRAPHS. FOR THE RECORD, ON JULY 22ND, 2025, THE BAY COUNTY COMMISSIONER, BAY COUNTY COMMISSIONER CLAIRE PEASE, RECEIVED A COMPLAINT OF FLOODING AND WATER DAMAGE ON THIS PROPERTY LOCATED WITHIN THE UNINCORPORATED AREA OF BAY COUNTY ON JULY 22ND, 2022 OR 2025. I'M SORRY. AN EMAIL RESPONSE BY THE BUILDING OFFICIAL, MR. ROBERT BOULET, STATING THAT THE RESIDENTIAL DWELLING WAS CONSTRUCTED BY SEABEE CONSTRUCTORS AND THE BUILDING REVIEW AND PLANS INSPECTIONS WERE CONDUCTED BY A PRIVATE PROVIDER FIRM, COASTAL CODE SERVICES, WHOSE SERVICES WERE CONTRACTED BY THE PROPERTY OWNER, MR. MCDOWELL, AND AS OF A RESULT, NO BUILDING INSPECTIONS WERE CONDUCTED BY BAY COUNTY BUILDING SAFETY DIVISION STAFF ON THIS DWELLING IN ACCORDANCE WITH FLORIDA STATUTE 553.791. THE PROJECT IS LOCATED IN THE X FLOOD ZONE NOTED FROM THE PRIVATE PROVIDER. ZONING REVIEWS MAKE NO MENTION OF GUTTER REQUIREMENTS AS PART OF DRAINAGE ON THIS RESIDENCE. THE ATTACHED APPROVED SITE PLAN CALLS FOR A DRAINAGE SWALE AROUND THE PROPERTY TO CONTROL SITE DRAINAGE, SITE DRAINAGE AND TOPOGRAPHY. COMPLIANCE FEATURES ARE NOT INSPECTED BY PRIVATE PROVIDER FIRMS AS THESE INSPECTIONS ARE NOT COVERED UNDER FLORIDA BUILDING CODE. ON JULY 23RD, 2025, AN EMAIL WAS SENT FROM THE BUILDING DEPARTMENT TO PLANNING AND ZONING, STATING THE DOWNSTAIRS UNIT PATIO AREA OF THE EXISTING LEFT APARTMENT BUILDING IS FLOODING THAT. WE CONTACTED THE CONTRACTOR AND THE PROPERTY OWNER AND STATED THAT SITE WORK WAS NOT COMPLETED AS PER THE APPROVED SITE PLAN, IT WAS OBVIOUS THAT THE INTENDED DRAINAGE SWALE ON THE LEFT OF THE BUILDING OF THE NEW BUILDING WAS IGNORED. ON JULY 29TH, 2025, AN EMAIL WAS RECEIVED FROM CARL MADDEN OF MOTT AND MCDONALD ENGINEERING STATING THE SITE WAS NOT CONSTRUCTED FOR APPROVED PLANS AND APPEARS TO BE DISCHARGING WATER TO THE NORTH. BESIDES THE NOTED MISSING NORTH SIDE SWALE, THERE SHOULD HAVE BEEN A DEPRESSION AREA IN THE REAR OF THE PROPERTY WHICH IS MISSING AS WELL. AGGRAVATING. THE PROBLEM IS THE USE OF THE DRIVEWAY TO THE SOUTH SIDE. IT IS NOT CLEAR WHERE THE PROPERTY LINES ARE LOCATED FROM G I S AND WHETHER THIS AREA IS PART OF 4115 OR ANOTHER PARCEL. THE PROPERTY IS ON THE NORTH ARE A LITTLE BIT LOWER THAN THE FINISHED GRADE OF 4115, WHICH IS CAUSING THE ROOF FLOW TO CHANNEL TO THE NORTH OF THESE PROPERTIES. THERE ARE NO GUTTERS ON 4115 HOLIDAY WHICH ARE DIRECTING THE FLOW.

OTHERWISE, CONSTRUCTING A SWALE SYSTEM PER THE DRAINAGE WOULD DEFINITELY HELP. HOWEVER, THE OWNER AT 4115 SHOULD ALSO ALLOW WATER TO DISCHARGE TO HOLIDAY DRIVE INSTEAD OF THE NORTH.

THESE ARE PHOTOS SENT FROM THE COMPLAINANT. WE ARE LOOKING TO THE EAST. THE NORTH IS TO OUR LEFT, WHICH IS THOSE APARTMENTS THAT WE'RE TALKING ABOUT THAT ARE BEING FLOODED OUT THE DRIVE BACK UP ONE PLEASE. SORRY ABOUT THAT. THE DRIVEWAY TO THE RIGHT IS THE ONE TO THE SOUTH. ABOUT

[00:05:02]

ALSO, THE DRAINAGE INSPECTION ALONG WITH ACTIONS NEEDED TO CORRECT THIS ISSUE ARE ATTACHED.

WE REQUEST YOUR IMMEDIATE ATTENTION TO THIS MATTER TO PREVENT ANY FURTHER DAMAGE TO THE NEIGHBORING PROPERTY. FAILURE TO RESOLVE THIS ISSUE MAY RESULT IN CODE ENFORCEMENT ACTIONS. NEXT PHOTO PLEASE. THESE ARE THE PHOTOS SENT FROM THE COMPLAINANT AT THE APARTMENTS AT 4113. THIS IS THEIR THEIR PATIO WATER AND THIS WAS A WASN'T A HEAVY RAIN THAT DAY. YOU CAN SEE THE PROPERTY LINE IS THAT SMALL CONCRETE DIVIDER WALL AND.

SLIDE FOUR JUST TO THE TOP OF THEIR NEXT PHOTO. AND THIS BASICALLY DEPICTS. WE COULDN'T TURN IT. I'M SORRY, BUT TO THE LEFT OF SLIDE FIVE, THAT'S HOLIDAY DRIVE AS INDICATED IN THE SITE PLAN. AND YOU CAN SEE THE DASHED AREA AROUND THE ENTIRE STRUCTURE. THAT'S THE SWALE THEY'RE TALKING ABOUT. SO THAT DEPRESSION AREA SHOULD BE BASICALLY SCOOPED OUT, ALLOWING WATER FLOW FROM THE REAR TO THE FRONT TO HOLIDAY DRIVE. BUT UNFORTUNATELY ON THE NORTH, WHICH IS THE APARTMENT AT 4113, THERE IS EITHER LEVEL OR DOWNWARD SLOPE ALLOWING THE WATER TO ERODE AND TO WASH INTO THE APARTMENTS AWAY FROM THE SUBJECT PROPERTY THAT WE'RE TALKING ABOUT. RIGHT, RIGHT. ON DECEMBER 23RD, 2025, A FOLLOW UP EMAIL WAS FROM. THE ORIGINAL COMPLAINT WAS RECEIVED BY THE TRADES INVESTIGATION DIVISION, STATING THAT THE PREVIOUS PRESENTED DRAINAGE ISSUE HAVE NOT BEEN RESOLVED, AND THE FENCE BETWEEN HIS SIDE PORCH AND THE NEW STRUCTURE AT 4115 HOLIDAY HAS BEEN REMOVED AND IS ENCROACHING ON HIS SIDE PORCH NOW. JANUARY 5TH, 2026, MR. MADDEN SENT AN EMAIL TO PLANNING DEPARTMENT STATING THAT HE STOPPED BY TO REVIEW THE SITE AGAIN AT 4115 HOLIDAY AND THAT THE WORK IS STILL NOT IN COMPLIANCE BUT SHOWS SOME ACTIVITY ON DRAINS. HE WAS CONVINCED THAT THE DRAIN WILL WORK WITH A. THE DRAINS WILL WILL NOT WORK WITH A FOUR INCH PIPE PLUS. THIS WAS NOT SET IN THE ORIGINAL PLANS. NEXT PHOTO PLEASE. THERE'S A LITTLE BIT BETTER PICTURE. SO INDICATING THE RED IS WHAT THEY'RE SUPPOSED TO HAVE. DEPRESSED. OKAY. NEXT PHOTO. THESE ARE PHOTOS FROM MOTT MACDONALD, THE DRAINAGE ENGINEER. THIS IS THE TOP PHOTO AND SEVEN IS THE NORTH SIDE. THE BOTTOM PHOTO IS THE BACK SHOWING. IT'S A LEVEL SURFACE, NOT DEPRESSED. NEXT.

TOP PHOTO IN EIGHT IS FROM THE ROAD HOLIDAY NINE. THE BOTTOM PICTURE IS THE NORTH LOOKING OUT TOWARDS HOLIDAY OKAY AND SHOWING THE WATER ERODING INTO THE NEIGHBORING PROPERTY. TO THE RIGHT OF THAT PHOTO, WHICH IS 413 HOLIDAY. AND THIS IS THE DRIVEWAY ON THE SOUTH SIDE. MR. KALE WAS NOT CONVINCED THAT THE DRAINS WILL WORK WITH A FOUR INCH PIPE, AND THAT WAS NOT HOW IT WAS ORIGINALLY READ IN THE PERMITS. ADDITIONALLY, THERE'S BEEN A SLAB ADDED TO THE SIDE OF THE HOUSE FOR EXTERNAL HOIST, WHICH IS AGGRAVATING THE ISSUE. ON THE SAME DAY, MR. PORTER FROM PLANNING AND ZONING EMAILED MR. DOYLE STATING HE HAD OUR DRAINAGE REVIEW.

ENGINEERS MAKE ANOTHER VISIT TO THE LOCATION, WHILE THERE APPEARED TO BE SOME WORK WAS DONE, IT IS STILL NOT CONSISTENT WITH THE APPROVED PLANS ORIGINALLY SUBMITTED.

ADDITIONALLY, THERE WERE THERE APPEARS TO BE SOME ADDITIONAL DRAINAGE WORK DONE THAT WAS NOT FIRST SUBMITTED FOR THE PLANNING DEPARTMENT TO REVIEW. IF YOU WISH TO REVISE THE DRAINAGE PLAN, PLEASE SUBMIT A REVISED DRAINAGE PLAN OR PLANS FOR REVIEW. I FORWARDED THIS TO

[00:10:02]

PHOTOGRAPHS OF THE PROPERTY INTRODUCED IN EVIDENCE EXHIBIT B OR EXHIBIT A AND CONTAINED IN THE CASE FILE. GO AHEAD. SO THESE ARE BACKUP ONE. THESE ARE FROM MCDONALD. THE PREVIOUS CONVERSATION THEY WERE SHOWING THAT THE PROPERTY WAS BURYING A FOUR INCH DRAINAGE PIPE, WHICH WAS NOT ADEQUATE TO DRAIN ALL THAT WATER FROM THE NORTH SIDE OUT TO HOLIDAY. NEXT PHOTO.

INADEQUATE BECAUSE OF THE DIAMETER. YES. YEAH, IT NEED TO BE A LOT LARGER. THIS IS THE PATIO OR THE PAD THAT WAS LAID ON THE PROPERTY. YOU'LL SEE IN LATER PHOTOS HOW CLOSE IT IS TO THE PROPERTY LINE WITH AN EXTERNAL HOIST. NONE OF THIS WAS PERMITTED. WHETHER THE HOIST AND ELECTRICAL, WHICH WOULD AGGRAVATE THE PROBLEM OF THE DRAINAGE. SO YOU'RE GOING TO CHOKE DOWN ABOUT A SEVEN FOOT WIDE ALLEYWAY COMING DOWN TO ABOUT A TWO FOOT, 2.5FT.

OKAY. NEXT PHOTO. AND OF COURSE, THE DRIVEWAY SIDE. THESE ARE MY BUILD INSPECTION PHOTOS. STREET VIEW. YOU CAN SEE THE HOIST ON THE LEFT. THE DRAINAGE IS STILL EXPOSED THERE. IT HASN'T BEEN BURIED YET. CLOSER PHOTO. THAT LITTLE CONCRETE WALL THERE. THAT'S PRETTY MUCH THE DIVIDER LINE BETWEEN THE TWO PROPERTIES AT 4113 AND 4115. CLOSER VIEW GOING DOWN. NEXT PHOTO. NORTH SIDE IN PHOTO 19 SHOWING THE DITCH ALL THE WAY TO THE BACK. NEXT. THIS IS FROM THE BACK OF THE PROPERTY. LOOKING OUT FROM THE BACK OF THE PROPERTY DOWN TO HOLIDAY. NEXT PHOTO. THIS IS THE BACK AREA WHERE THEY'RE SUPPOSED TO BE BASICALLY LIKE JUST A DEPRESSION AREA TO HOLD THE WATER, TO FUNNEL IT OUT TO HOLIDAY. IT'S BEING USED FOR THE APARTMENTS BACK THERE AS A PARKING AREA. THIS IS THE DRIVEWAY TO THE SOUTH SIDE. AGAIN, THE EXTERNAL HOIST THAT WAS UNPERMITTED. ATTACHED DIRECTLY TO THE PRIMARY STRUCTURE. THERE'S THE PAD PAWN.

AND THIS THE EDGE OF THE PAD FROM THE PROPERTY LINE, WHICH WOULD BE THE RETAINING WALL, GIVE OR TAKE THREE FOOT SETBACK OF FIVE. NEXT. THAT'S BUILT WITHIN THE SETBACK SECTION. YES.

IT DOESN'T DOESN'T MEET THE SETBACK. EXACTLY. AND EVEN IF THE PLANS WERE SUBMITTED AND YOU CAN SEE THE OTHER END OF THE TAPE MEASURE GOING TO RIGHT UNDERNEATH THE FENCE TO THAT CONCRETE LITTLE DIVIDER WALL, THIS, THIS BLACK PIPE THAT'S PICTURED IN HERE. IS IT THE KIND THAT I HADN'T SEEN? ANY GRAVEL THAT YOU COVER IT WITH GRAVEL TO, TO TAKE OFF THE WATER OR IS IT, IS IT DRAWING FROM SOME OTHER RETENTION AREA? I HAVE NO IDEA. USUALLY FRENCH DRAIN HAS HOLES IN THE TOP WITH GRAVEL, SO IT SEEPS THROUGH THE PIPE RUNS OUT. I DON'T KNOW IF THIS HAS HOLES IN IT. THERE'S IT'S JUST I DON'T KNOW WHAT THEIR INTENTIONS WERE. IF THEY WERE GOING TO PUT A GUTTER SYSTEM, ATTACH IT LATER AND THEN FUNNEL IT OUT, NOT SURE IT DIDN'T GET FINISHED. AND YOU'LL SEE IN LATER PHOTOS IT'S BEEN PULLED UP. JANUARY 7TH, 2026.

NOTICE VIOLATION HEARING WAS SENT CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER. RECORD USING ADDRESS 234 WOODLAWN DRIVE, PANAMA CITY BEACH, FLORIDA. 32407 LISTED TO BAY COUNTY PROPERTY APPRAISER'S DATABASE. THE CERTIFIED NOTICE WAS DELIVERED TO RESPONDENT ON JANUARY 10TH, 2026. ON FEBRUARY 22ND, INSPECT THE PROPERTY AND REMAIN IN VIOLATION. THE DRAINAGE PIPE HAD BEEN BURIED AND STILL NO PERMITS HAVE BEEN APPLIED FOR. FOR THE EXTERNAL HOIST. HERE ARE MY FEBRUARY 2ND ON SLIDE 29. HOIST STILL THERE. THE PIPES BURIED NOW. NEXT PHOTO. YOU CAN SEE IT'S BURIED ALONG THE PROPERTY LINE. NEXT PHOTO. DOES IT JUST STOP THERE AT THE END? JUST STOPS. FEBRUARY 3RD 22 OR 2026. MR. MISS TERESA DOWELL, THE PROPERTY OWNER'S WIFE, CAME INTO THE LOBBY ASKING ABOUT A PERMIT ON A. ANOTHER PROPERTY HAD ON LAIRD AND AFTER WE DISCUSSED THE ISSUES WITH THE PROPERTY AND THE DRAINAGE, SHE WAS PROVIDED ALL THE EMAIL TRAFFIC BETWEEN MR. MARK DOWELL PLANNING AND ZONING, AS WELL AS ENGINEERS FOR THE DRAINAGE COMPANY, WHICH WILL BE. MCDONALD. SHE WAS ADVISED TO CONTACT THE BUILDING DEPARTMENT ABOUT COMPLYING WITH THE DESIGN, DESIGN PLANS AND DRAINAGE ENGINEERING. SHE WAS ALSO ADVISED TO CONTACT THE COMPANY THAT INSTALLED THE EXTERIOR ELEVATOR BECAUSE THERE WAS NO PERMITS, IT WAS TOO CLOSE TO THE PROPERTY LINE. I PROVIDED HER WITH THE NOTICE OF HEARING AT THAT TIME AS WELL. ON FEBRUARY 18TH, AN EMAIL WAS RECEIVED FROM MISS DOWELL WITH ATTACHED PHOTOS FROM CB CONSTRUCTION CONSTRUCTION THAT

[00:15:07]

THE FOUNDATION HADN'T EVEN BEEN POURED YET. IT'S STILL IN A PREP AREA WAITING FOR CONCRETE.

THIS IS THE NORTH SIDE BETWEEN THE APARTMENTS AND THE THE HOLIDAY 4115 HOLIDAY. NEXT PHOTO. THIS IS SAME PHOTO JUST LOOKING FROM HOLIDAY INTO THE PROPERTY. AS YOU CAN SEE, THERE'S NO GRADING. IT'S DONE. NEXT PHOTO. THERE'S THE DRIVEWAY SIDE AND PARTIAL PARTIAL BACK. THIS IS THE BACK LOOKING DOWN THE DRIVEWAY. NEXT PHOTO. LOOKING FROM BACK AT THE PROPERTY OUT TO HOLIDAY DRIVE. LET'S SEE. FEBRUARY 19TH, AN EMAIL WAS RECEIVED FROM MR. PORTER AND PLANNING ZONING STATING THAT HE RECEIVED THE PHOTOS FROM MISS DOWELL SENT TO HIM, AND THEY WERE PROVIDED FROM THE JOB SITE THAT APPEARED TO BE DURING THE EARLY PHASES OF CONSTRUCTION. IN AN EFFORT TO SHOW THAT THE DRAINAGE WAS BUILT PER THE APPROVED PLANS.

HOWEVER, THIS IS NOT SOMETHING THAT CAN BE DETERMINED UNTIL FINAL CONSTRUCTION IS COMPLETED.

OUR DRAINAGE REVIEW ENGINEERS INSPECTED THE SITE IN JULY OF LAST YEAR AND PROVIDED THE ATTACHED REPORT. THIS WAS PROVIDED TO MR. DOWELL AND ANOTHER INSPECTION WAS MADE IN JANUARY OF THIS YEAR BY THE DRAINAGE ENGINEER. PHOTOS OF THAT PROPERTY OR THAT VISIT ARE ATTACHED AS WELL. BOTH INSPECTIONS SHOWED THAT THE SITE DRAINAGE WAS NOT DESIGNED PER THE APPROVED PLANS, UNLESS THERE HAVE BEEN MODIFICATIONS MADE SINCE JANUARY 5TH, THE DRAINAGE ISSUE HAS NOT BEEN RESOLVED. ON FEBRUARY 25TH, 2026, COPY NOTICE WAS POSTED TO BAY COUNTY GOVERNMENT CENTER ON MARCH 2ND, I INSPECTED THE PROPERTY AND REMAIN VIOLATION.

THERE WERE MULTIPLE CEMENT BLOCKS ALONG THE NORTH SIDE OF THE PROPERTY AND APPEARS. A RETENTION WALL IS BEING ADDED TO THE PROPERTY LINE. THIS IS FROM LOOKING INTO THE PROPERTY FROM HOLIDAY. NEXT PHOTO YOU CAN SEE THE CMU CONCRETE BLOCKS AND THEY'RE STARTING TO BE STACKED ON THAT PROPERTY LINE BETWEEN THE APARTMENT AND 4115 GOING DOWN THE SIDE THERE. NEXT PHOTO. AND I DID HAVE A CONVERSATION WITH MR. MR. DOWELL PREVIOUSLY AND HE WAS TRYING TO PITCH THIS THAT IF HE PUT A WALL UP IT WOULD STOP THE WATER. BUT THAT'S NOT PART OF THE PLAN. THE ORIGINAL PLAN IS TO MAKE A SWALE TO DIRECT THE WATER OUT. SO IF HE WAS GOING TO CHANGE THIS, HE WOULD HAVE TO SUBMIT THAT TO BE APPROVED. NEXT PHOTO. THIS IS THE BACK.

STILL LOOKS THE SAME. MULTIPLE BLOCKS STACKED UP, STILL BEING USED FOR PARKING. AND THERE IS THE ELECTRICAL FOR THE HOIST ON THE OUTSIDE. MARCH 3RD A CHECK OF THE BAY COUNTY PROPERTY APPRAISER TAX COLLECTOR DATABASE SHOWS THE PROPERTY OR PROPERTY OWNERSHIP HAS NOT CHANGED AND TAXES ARE ARE DELINQUENT SINCE 25 MARCH 26TH, 2026. ADDITIONAL NO ADDITIONAL PERMITS HAVE BEEN OBTAINED OR ISSUED AS OF THAT DATE ARE. MARCH 6TH. AN EMAIL WAS RECEIVED FROM THE COMPLAINANT STATING THAT MR. DOWELL IS NOW CUTTING DOWN THE PRIVACY FENCE ON THE PROPERTY THAT DOES NOT BELONG TO HIM AND IS VIOLATING PROPERTY LINES. HE ALSO STATED THAT MR. DOWELL IS RAISING THE CONCRETE BLOCK WALL INSTEAD OF REPLACING THE DRAINAGE. PER THE SITE PLAN. HE ALSO HAS NOT SHOVELED OUT THE ADJACENT UNIT AT 102 DRAINAGE, WHICH THE SAND RUNOFF HAS FULLY CLOGGED. OUR MARCH 9TH, IRENE INSPECTED THE PROPERTY AND THE WOODEN PRIVACY FENCE BETWEEN THE APARTMENTS AT THE APARTMENTS AND 4115 HOLIDAY HAVE BEEN REMOVED AND A NEW CMU BLOCK WALL WAS BEING CONSTRUCTED BY THE PROPERTY OWNER TO DEFLECT THE RUNOFF.

WATER, ALONG WITH THE DRAINAGE PIPE, HAS ALSO BEEN REMOVED AND WAS LAYING ASIDE THE FENCE. NO PERMITS HAVE BEEN OBTAINED OR ISSUED, NOR HAS THE DEVIATION OF THE DRAINAGE PLAN BEEN SUBMITTED. THIS IS PHOTOS SHOWING THAT THE HOIST IS STILL THERE. YOU CAN SEE AND THIS PHOTO TO THE LEFT OF THAT VINYL PRIVACY FENCE. THE WOODEN FENCE THAT WAS ON THE BLOCK WALL HAS BEEN REMOVED. NEXT PHOTO IT WAS STACKED UP FRONT. THE DRAINAGE HAS BEEN PULLED OUT. THAT FOUR

[00:20:05]

MR. DOWELL. COME ON UP. OKAY. YOU'VE HEARD THE TESTIMONY AND YOU'VE SEEN THE PHOTOGRAPHS. DO YOU WANT TO RESPOND? I WANT TO RESPOND AS TO SHOWING SOME MORE UPDATED PICTURES BECAUSE IT SAID I HAD SOME MARCH 11TH TO COMPLY. IT LOOKS LIKE THE LAST PICTURES WERE ON THE NINTH AT THAT PIPE WITH THE SOCK TUBES, NOT THE ONE THAT WAS PULLED OUT. THAT'S NEW PIPE. IT IS THE PERFORATED KIND. I HAVE PICTURES OF IT. I HAVE RECEIPTS OF IT. THAT'S A NEW PIPE THAT WAS PUT IN. THAT IS FOR EXTRA. SUPPORT TO GET RID OF THE WATER. NOW I HAVE PICTURES HERE AND HERE OF WE ACTUALLY BUILT THE SWALE. IT'S ALL BUILT UP. IF YOU'VE BEEN BY THERE YESTERDAY, IT'S ALL BUILT UP WITH GRAVEL. IT'S ALL SWALES LIKE THIS. I HAVE PICTURES OF IT RIGHT HERE.

IT'S DONE VERY WELL. AND IF I COULD SHOW SOMEBODY OR SHOW SOME OF THESE PICTURES RIGHT HERE, I, I PUT GRAVEL IN EVERYWHERE. I DUG THE DIRT DOWN OFF THE BUILDING THERE THAT THE LIKE, SEE THIS PIPE THAT YOU SEE PUT IN THOSE, THAT THOSE BLOCKS WERE PUT IN WITH REBAR, DRILL DOWN INTO THE OTHER BLOCKS. AND THAT WAS JUST THAT WAS NOT TO TRY TO COMPLY TO GET THE WATER OFF. THAT'S JUST FOR EXTRA. YOU SEE, THE SWELL IS STILL NOT THERE. JUST IT'S JUST IT'S JUST A DITCH FOR THE IT'S NOT A DITCH. IT'S BUILT UP ON BOTH SIDES. I MEAN, I COULD SHOW YOU EVEN BETTER PICTURES. AND ANOTHER THING, JUST WHILE I'M THINKING ABOUT IT, WE HAVE A TEN FOOT OFFSET FOR THIS BUILDING. HE'S MEASURING FROM A BLOCK WALL. MY PROPERTY GOES ALL THE WAY TO THEIR BUILDING. THAT PROPERTY. ONLY HAS 2.2IN. I'M SORRY. NOT TO EXCEED A. ONE FOOT DROP OVER FOR. SO IT SHOULD BE LIKE, KIND OF LIKE THIS. HALF HEIGHT, RIGHT? RIGHT.

OKAY. SO YOU CAN SEE AROUND ALL THE STORES AROUND THE WORKSHOP, WE'RE GOING TO ADD THESE TO THE RECORD AND THOSE, THOSE ARE SOME EARLY PICTURES AS WELL. SO IF YOU WANT TO LOOK AT MORE OF THEM, I DO HAVE THAT DONE. I DUG IT DEEP. I PUT GRAVEL IN IT. AS YOU CAN SEE NOW IT IS LIKE THAT. IT'S GETTING BETTER EVERY TIME THERE'S THE ELEVATOR GONE. ACTUALLY ALL THAT GRAVEL THERE.

FARAI, CAN I SHOW HIM IF HE GIVES YOU PERMISSION? OKAY, PLEASE LET ME BACK UP A LITTLE BIT. I FAILED TO ASK YOU TO STATE YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. MARK DOWELL, 234 WOODLAWN DRIVE, PCB 32407. OKAY. THANK YOU. OKAY. JUST ALSO THE GUTTERS ON ALL OF THEIR BUILDINGS, ALL THREE OF THOSE RUN RIGHT DOWN INTO THE SAME SPOT AND THEY HAVE NO DOWNSPOUTS. ALL OF THEIR WATER RUNS DIRECTLY DOWN. THEY ONLY OWN 0.2IN OF THEIR PROPERTY. I HAVE A TEN FOOT. I HAD A FIVE FOOT SETBACK RULE, BUT I ACTUALLY GAVE THEM EXTRA FIVE FEET BECAUSE I DIDN'T WANT IT THAT CLOSE TO THE BUILDING. WE'RE TALKING ABOUT THE VIOLATION. WE'RE NOT. WELL, THE VIOLATION IS PART OF IT IS A SETBACK RULE SAYING THAT ELEVATOR WAS IN THE SETBACK. I TOOK THE ELEVATOR DOWN. I'M PAYING SOMEBODY TO TAKE IT DOWN BECAUSE THE GUY THAT PUT IT IN DID NOT PULL THE PERMIT. FOR ONE, HE TOOK OVER $20,000 DOWN

[00:25:04]

HERE TO MAKE THE SWALE CORRECT. AND I HAVE BETTER PICTURES OF THAT. SWALE. AND I HAVE FOUR TONS OF GRAVEL HERE PUT IN. AND THE SWALE IS ACTUALLY THERE. THAT PIPE YOU SEE IS FOR BACKUP EXTRA. IT'S MY UNDERSTANDING THAT JUST PUTTING GRAVEL ON THE GROUND DOES NOT CONSTITUTE COMPLIANCE WITH SWALE. IS THAT CORRECT? SO CAN YOU CAN YOU LOOK AT THIS ONE? THIS IS WHERE I WOULD HAVE TO BE THERE FOR EROSION AND SO ON AND SO FORTH. SO THIS IS WHY WE WERE DOING YOU SEE HOW DEEP THAT SWALE IS NOW. AND I PUT GRAVEL IN IT. YOU KNOW WHAT I'M SAYING? THAT'S NOT A SWELL. THAT'S THAT'S A DITCH FOR LIKE A PIPE. THERE'S NO PIPE IN THERE.

THERE'S NO PIPE IS A CURVED AREA, NOT A SINGULAR 12 INCH AREA THAT'S CARVED OUT, NOT A SINGLE FLOOR AREA. IT'S THE WHOLE WIDTH OF IT. YOU CAN SHOW HIM, SO I WILL. YOU FINISHED? I JUST SPOKE WITH MR. PORTER. WHEN YOU'RE DONE AND YOU THINK YOU'RE UNDER COMPLETION, WE'LL HAVE KALE FOR MOTT. MACDONALD WILL INSPECT IT. OKAY. HE WILL TELL YOU YES OR NO. AS YOU CAN SEE, I KEPT DOING IT. SURE LIKE TO CUT EVERYBODY OFF. SORRY. WHEN HE APPROVES IT, THEN YOU'LL BE NOTIFIED AND THE MAGISTRATE WILL BE NOTIFIED. OKAY. ALL RIGHT. LET ME SEE YOUR PHOTOGRAPHS THAT YOU GOT ON YOUR PHONE. THANK YOU. I TRIED TO CALL HIM EVERYTHING.

SHOULD YOU WANTED. WASN'T THAT RIGHT? THAT'S EVEN BETTER. FOR YOU ARE WITH THE WHOLE DURING THE CORONAVIRUS. REALLY? STAGES. IT WAS THAT HE WAS GOING TO DO. THAT. THAT'S EXACTLY WHAT HE CONSIDERED. REPEAT THE CAUSE OF HIS DEATH. WHICH IS WHY. OF YOUR BEST BET IS TO CHECK. CAN WE GET ALL THE WAY TO MOVE FORWARD? AND THE OTHER WATER IS RIGHT HERE. THE NEXT STEP WOULD BE ABLE TO GET TO. WORK AND JUST WANTED TO THANK YOU FOR. AND JUST TO BE SURE, OUR SYSTEM.

FOR SECURITY IS. TO ENSURE THAT THE WORLD. IS. DON'T NEED TO SPELL THE WORD ANYWHERE.

FOREVER ON THE PHONE. MR. DOWELL, I SEE YOUR PICTURES AND EVERYTHING AND YOU'RE. YOU'RE WELCOME TO PRINT THOSE OUT AND SUBMIT THEM TO THE RECORD AND EVERYTHING LIKE THAT. MY PROBLEM IS I'VE DEALT WITH YOU BEFORE AND YOU WANT TO REWRITE THE RULES. ACCORDING TO DOWELL, VERSUS WHAT THE RULES SAY. AND THAT'S NOT GOING TO HAPPEN HERE. NOW, DO YOU HAVE YOUR ENGINEER OR WHATEVER HERE? I DON'T HAVE AN ENGINEER. THIS IS LANDSCAPING WORK IS WHAT WHAT I WAS TOLD. NO, THIS IS NOT LANDSCAPING. CALL THE KALE MADDEN EVERY SINGLE DAY I EMAILED THEM, MY WIFE CALLED HIM EVERYTHING AND TRIED TO GET HIM OUT THERE. SENDING HIM AN EMAIL DOES NOT CONSTITUTE COMPLIANCE. YOU ARE HISTORICALLY DOING THINGS ON YOUR OWN WITHOUT ADEQUATE PERMITTING. EVERYTHING AND FOLLOWING THE PERMIT THAT WAS THERE. NO, YOU'RE NOT. THE ENGINEER HAS REPORTED THAT YOU ARE NOT IN COMPLIANCE. AND YOU KNOW, QUITE FRANKLY, YOU DON'T HAVE MUCH CREDIBILITY WITH ME BECAUSE OF YOUR PAST HISTORY.

I'M GOING TO LISTEN TO THE ENGINEER. AND IF YOU DO NOT COMPLY WITH WHAT THE ENGINEER SAYS, I'M GOING TO FIND YOU GUILTY OF A VIOLATION. CAN I HIRE HIM TO DO IT? HE WON'T CALL ME BACK. SIR. I DON'T THINK YOU CAN HIRE. HE'S. I MEAN, HE WON'T. HE WILL NOT EVEN CALL ME BACK. MY WIFE'S CALLED HIM. I'VE CALLED HIM EVERY SINGLE DAY I TEXT, YOU KNOW, HE DOESN'T WORK FOR ME. I CAN'T TELL HIM WHAT TO DO. OKAY. YEAH. I MEAN, BASICALLY, YOU SEE IT TOO. LONG STORY SHORT, IS THE SEABEE CONSTRUCTION AT THE END. PROGRESS OF THIS, THE THE COMPLETION OF THE BUILDING. THIS SHOULD HAVE BEEN DONE. IT'S KIND OF LIKE LAYING YOUR SOD AND SPRINKLER SYSTEM BEFORE YOU START BUILDING. YOU'RE GOING TO RUIN IT. SO THE GRADING SHOULD HAVE BEEN DONE AT THE END. HE. MR. MR. DOWELL, I MEAN, IT WASN'T HIS CONTRACT TO PAY FOR IT. THEY DIDN'T DO IT. HIS PRIVATE PROVIDER SIGNED IT OFF. HE TOOK OWNERSHIP OF IT.

SO IT KIND OF FALLS IN HIS LAP NOW. HE UNDERSTANDS THAT. SO I EXPLAINED TO MR. MR. DOWELL THAT HE MAY HAVE TO GET HIS OWN PRIVATE ENGINEER FOR STORMWATER RUNOFF AND HAVE THIS RESOLVED

[00:30:07]

YOU HAVE ANYTHING ELSE THAT YOU WANT TO SAY AT THIS POINT? I JUST WANT TO SAY THAT ALL THREE OF THOSE PROPERTIES NEXT TO ME ARE DILAPIDATED. THEY ARE NOT TAKEN CARE OF. AND THEIR GUTTERS AND THEIR STUFF IS THEY HAVE NO DOWNSPOUTS. THEY'RE RUNNING. YOU'RE NOT HELPING THEM BY FILLING THEIR PROPERTY UP WITH SAINT EITHER. SO I GUESS I DO. I HAVE TO GO GET PUT A COMPLAINT AGAINST THEM TO FIX THEIR GUTTERS. AND OBVIOUSLY I'M NOT ADDRESSING THAT. WE'RE HERE ON YOUR CASE. YOU'RE ALWAYS WANTING TO DEFLECT TO SOMEBODY ELSE OR WHAT SOMEBODY ELSE HAS DONE, BECAUSE THIS IS PART OF THE PROBLEM. WELL, NO, I DON'T THINK IT'S PART OF THE PROBLEM. I MEAN. YOU JUST DIDN'T FOLLOW THE PLANS. I DON'T KNOW ANY OTHER WAY TO PUT IT. I HIRED A GENERAL CONTRACTOR, SIR. WELL, APPARENTLY THE CONTRACTOR DOESN'T KNOW HOW TO READ ENGINEERED PLANS. YOU KNOW, I DON'T I DON'T KNOW WHAT TO TELL YOU ON THAT. SAID THE COMPLAINANT WAS HERE. YES, SIR. WHO IS HE? THE HOMEOWNER. DO YOU WANT TO SAY SOMETHING, SIR? WAIT WAIT WAIT. COME ON UP. AND HE'S THE HOMEOWNER, CORRECT? IS IT THE HOMEOWNER? HAVE A SEAT BACK THERE, MR. DOWELL. YES, SIR. WHEN YOU GET UP TO THE PODIUM, IF YOU WOULD GIVE US YOUR NAME AND A GOOD MAILING ADDRESS. MY NAME IS GEORGE MCCAULEY, M DOUBLE C A RLEY41 1341. 13 HOLLADAY DRIVE, NUMBER 101. OKAY. AND ARE YOU THE UNIT THAT'S DEPICTED THERE RIGHT AT THE WHAT I'M GOING TO CALL THE FIRST PART ON THE RIGHT ON THE END. OKAY, ALRIGHT, TELL US WHAT YOU WANT US TO KNOW. SIR. I'VE BEEN VERY CLOSE TO BEING FLOODED OUT AT LEAST THREE TIMES IN A DROUGHT PERIOD. NOW WE'RE MAKING SOME PROGRESS, BUT THERE'S A LOT OF WORK TO GO. THE UNIT'S DIRECTLY BEHIND ME HAVE NOT BEEN SHOVELED OUT YET.

AND THAT I CAN TELL YOU THAT ONE OF THE UNITS HAS BEEN EMPTY FOR SIX MONTHS. AT LEAST TWO PEOPLE HAVE TAKEN A LOOK AND WALKED AWAY, AND I'M SURE THEY'RE JUST. NOBODY WANTS TO TAKE THAT CHANCE UNTIL THEY SEE THAT THE DRAINAGE IS TAKEN CARE OF. BUT THE GOOD NEWS IS WE'RE MAKING PROGRESS. I SAY WE 4115 IS MAKING PROGRESS, BUT WE JUST GOT A LOT OF WORK TO DO. OKAY.

ANYTHING ELSE? SIR? I THINK THAT'S IT, SIR. OKAY. THANK YOU SIR. YES, SIR. OKAY. MR. DOWELL, AFTER HE'S COMMENTED, IS THERE ANYTHING YOU WANT TO ADD? TO. OKAY, OKAY. MR. THORPE. YES,

[00:35:12]

WELL, THE ELEVATOR IS REMOVED, SO THAT'S A GOOD THING. AND WE'LL WE'LL. HE'LL HAVE TO CALL THE BUILDING DEPARTMENT TO GET THAT PERMIT CLOSED OUT. IF IT'S NOT CLOSED OUT, IT WILL REMAIN AS IS OUR RECOMMENDATION. THAT SPECIAL MAGISTRATE DETERMINED THAT THE ADDRESS AT 4115 HOLIDAY DRIVE, PANAMA CITY BEACH, FLORIDA, 32408 IS LOCATED WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND SUBJECT TO THE LAND DEVELOPMENT REGULATION 203 OR 2303. THAT PROPER NOTICE OF HEARING WAS GIVEN TO THE RESPONDENT THAT A VIOLATION OF LAND DEVELOPMENT REGULATIONS 2303 EXISTS IN THE FORM OF ADEQUATE GRADING, VIOLATION OF LAND DEVELOPMENT REGULATION, VIOLATION OF LAND DEVELOPMENT REGULATION, UNPERMITTED WORK, AND VIOLATION OF SETBACKS. THAT THE MAGISTRATE SET A REASONABLE TIME OF 30 DAYS FOR THE PROPERTY OWNER TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPROVED PLANS. COMPLIANCE OR COMPLIANCE SHALL INCLUDE ADHERING TO THE APPROVED DRAINAGE PLANS WITHOUT DEVIATION. INSTALLING THE SWALE ON THE NORTH SIDE OF THE PROPERTY AND A DEPRESSED, DEPRESSED AREA IN THE REAR OF THE PROPERTY TO DIRECT STORMWATER DISCHARGE ONTO HOLLADAY DRIVE AND DIVERT WATER AWAY FROM THE NEIGHBORING PROPERTIES AND REMOVING EXISTING HOIST AND SLAB, OR ALTERNATIVELY, ALTERNATIVELY, OBTAINING THE REQUIRED PERMITS FOR THE HOIST AND THE SLAB THROUGH THE BUILDING SAFETY DEPARTMENT. AS I STATED, HE'S REMOVED THAT, BUT HE'LL HAVE TO GET IT FINALIZED WITH THE BUILDING DEPARTMENT. BUT THE SLABS GOT TO GO TOO, RIGHT? AND HE HE HAS REMOVED THE SLAB. HE STATED SO, BUT HE'S LIKE I SAID, HE'S STILL GOING TO HAVE TO GET THAT INSPECTED AND PASSED. IT SHOULD BE THE RESPONSIBILITY.

RESPONDENT CONTACT THE AND INFORM CODE ENFORCEMENT OF ANY PROGRESS OR DELAYS IN BRINGING THE PROPERTY COMPLIANCE THAT. IF THE RESPONDENT FAILS TO BRING THE PROPERTY COMPLIANCE WITHIN THE APPLICABLE CODES, ORDINANCES AND REGULATIONS WITHIN 30 DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, RESTART RESPONDENT SHALL BE FINED AN INITIAL FINE OF $200 AND A DAILY FINE OF $25, CONTINUING UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE, IT SHALL BE THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION AND VERIFY THAT ALL PERMITS HAVE BEEN OBTAINED AND REPAIRS HAVE BEEN COMPLETED. IN ORDER FOR THE FINES TO CEASE, NONCOMPLIANCE SHALL ALSO BE DEEMED TO HAVE OCCURRED IF THE RESPONDENT OBTAINS A BUILDING PERMIT WITHIN THE TIME FRAME SET ABOVE, AND THEN ALLOWS THE PERMIT TO EXPIRE OR TO OR TO BE CANCELED OR REVOKED BY ISSUING AUTHORITY OR BECOMES VOID FOR ANY REASON, COLLECTIVELY OR DEFAULT. IN SUCH A CASE, THE COUNTY SHALL COMMENCE WITH THE $200 INITIAL FINE AND $25 DAILY FINE. AS SET FORTH ABOVE. SUCH FINES SHALL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL, LOCATED IN BAY COUNTY, AND I WOULD LIKE TO ADD ONE LAST NOTE THE PROPERTY IS UP FOR SALE, SO IF THIS CELLS AND IS NOT RESOLVED, IT BECOMES THE BURDEN OF THE NEW PROPERTY OWNERS, AS YOU KNOW, THE. PENDENCY OF A OF A CODE VIOLATION IS THE CLERK OF THE PROPERTY APPRAISER'S OFFICE MADE AWARE OF THAT? I MEAN, IS THERE IS THERE ANY KIND OF LIGHT THAT FLASHES IF I GO DO A TITLE SEARCH? OR DO Y'ALL KNOW IF THEY DO A TITLE SEARCH, THEY WILL CALL MISS JODY AND WE WILL DO. WE WILL NOTIFY THEM. GO AHEAD. WELL, MR. DOWELL, YOU NEED TO UNDERSTAND THAT WITH THE PENDING VIOLATION THERE, YOU NEED TO DISCLOSE THAT TO ANY POTENTIAL BUYER. I WOULD NEVER SELL THAT PROPERTY WITH A PROBLEM. OKAY, WELL, I'M JUST TELLING YOU THAT IT IS A VIOLATION OF THE LAW TO SELL THAT WITHOUT DISCLOSING IT. I THINK MISS JODY HAD SOMETHING TO ADD. SO IT BECOMES A LIEN ONCE WE RECORD IT. AND GENERALLY WE DO NOT RECORD THESE FIRST ORDERS UNTIL WE'VE HAD THE NONCOMPLIANCE. BUT I CAN RECORD THIS FIRST ORDER.

YEAH. OKAY. YEAH. OKAY. MISS DAO, THE THE ENGINEER THAT THE COUNTY HAS CONSULTED IS THE COUNTY'S ENGINEER. SO YOU NEED TO HIRE AN ENGINEER. I DON'T KNOW ANY OTHER THING TO TELL YOU TO DO AND HAVE THEM LOOK AT THOSE PLANS AND TELL YOU HOW TO CONSTRUCT THAT SWALE THAT WILL COMPLY WITH THE TERMS OF THAT, THAT SWALE AND ALL THE OTHER DRAINAGE ISSUES TO TO GET IT DONE THE RIGHT WAY. AND I DON'T, YOU KNOW, I DON'T I DON'T MEAN TO BE UGLY, BUT YOU DON'T WANT

[00:40:06]

AND IF YOU WOULD, BOLD THE WITHOUT DEVIATION IN THE ORDER, INSTALLING THE SWALE ON THE NORTH SIDE OF THE PROPERTY AND A DEPRESSED AREA IN THE REAR OF THE PROPERTY TO DIRECT STORMWATER DISCHARGE ONTO HOLLADAY DRIVE AND DIVERT THE WATER AWAY FROM THE NEIGHBORING PROPERTIES. REMOVE THE EXISTING HORSE AND SLAB IF IT'S NOT ALREADY BEEN DONE OR IN THE ALTERNATIVE, OBTAINING THE NECESSARY PERMITS FOR THE SAME. AND IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT AND INFORM CODE ENFORCEMENT OF ANY PROGRESS OR DELAY IN BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE CODES AND REGULATIONS WITHIN 30 DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, THE RESPONDENT SHALL BE FINED AN INITIAL FINE OF $200 AND A DAILY FINE OF $25, CONTINUING UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE. IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT CODE ENFORCEMENT TO SCHEDULE INSPECTIONS AND VERIFY THAT PERMITS HAVE BEEN OBTAINED AND REPAIRS HAVE BEEN COMPLETED. IN ORDER FOR THE FINES TO CEASE.

NONCOMPLIANCE WILL ALSO BE DEEMED TO HAVE OCCURRED IF THE RESPONDENT OBTAINS A BUILDING PERMIT WITHIN THE TIME FRAME SET FORTH ABOVE, AND THEN ALLOWS THE PERMIT TO EXPIRE, OR HAS IT CANCELED, 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. AND IN SUCH CASES, THE COUNTY WILL COMMENCE WITH THE INITIAL $200 FINE AND THE DAILY FINE AS SET FORTH ABOVE, AND THAT FINE SHALL RUN UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE. ALL OF THESE FINES WILL AND WILL BE BECOME A LIEN ON THE REAL AND PERSONAL PROPERTY OF THE RESPONDENT, LOCATED HERE IN BAY COUNTY. NEXT. THANK YOU. YOUR REGISTRATION. WE'LL MOVE ON TO ITEM B7908 BRANDON ROAD. THIS IS A FIRST HEARING ON MAY 21ST, 2024. INVESTIGATOR BILL WILLIAMS WITH THE BAY COUNTY BUILDING DEPARTMENT INSPECTED THIS PROPERTY AND FOUND IT TO BE IN VIOLATION OF BAY COUNTY CODE SECTION 17 TWO IN THE FORM OF AN UNFIT, UNSAFE STRUCTURE. A STOP WORK ORDER WAS POSTED AT THE PROPERTY. PHOTOGRAPHS ARE INTRODUCED AS EXHIBIT A. THIS IS JUST A JURISDICTIONAL PHOTOGRAPH OF 7908 BRANDON ROAD, JUST NORTH OF THE BAY DUNES OF THE FORMER BAY DUNES GOLF COURSE. THE HARDEST PART? THIS IS A CLOSE UP AERIAL VIEW OF THE STRUCTURE THAT IS CIRCLED IN YELLOW THAT WE WILL BE DISCUSSING THIS MORNING HERE IN SLIDE FOUR, YOU CAN SEE THAT THE STRUCTURE SITS PRETTY CLOSE TO THE EDGE OF A FLOOD ZONE. MAY 21ST, INVESTIGATOR BILL WILLIAMS OF THE BAY COUNTY BUILDING DEPARTMENT. THESE ARE THE PHOTOS THAT HE SUBMITTED.

THIS IS THE STRUCTURE WE'LL BE DISCUSSING THIS MORNING. YOU CAN SEE THE UNFIT, UNSAFE STRUCTURE AS IT SITS HERE. AND SLIDE SIX. SLIDE SEVEN. SLIDE EIGHT. THERE WERE NO PERMITS

[00:45:07]

ACCORDING TO THE BAY COUNTY PROPERTY APPRAISER'S WEBSITE, THE NOTICE WAS DELIVERED TO THE RESPONDENT ON THE 23RD OF MAY 2024. THE REGULAR MAIL STILL HAS NOT RETURNED. ON JUNE THE 10TH, THE PROPERTY OWNER, MR. DONNIE MINTON, DID CALL BAY COUNTY BUILDING DEPARTMENT. HE STATED HE HAD STARTED THE PROCESS OF OBTAINING A PERMIT APPLICATION. HE SAID HE WOULD BE IN TOWN LATER IN THE MONTH TO MEET WITH THE PERMITTING DEPARTMENT. REFERENCES. JUNE 3RD. PHOTOGRAPHS WERE TAKEN AGAIN IN 2024 HERE IN SLIDE 12. LITTLE TO NO CHANGES. THE PROPERTY WAS REINSPECTED BETWEEN MAY 21ST, 2024 AND APRIL 7TH, 2025. INVESTIGATOR HUBBARD. ARE THESE YOUR PHOTOGRAPHS? YES, SIR. THANK YOU. AT THIS TIME, I WILL TURN THE REMAINDER OF THE INVESTIGATION AND INVESTIGATION REPORT OVER TO INVESTIGATOR CHRIS HUBBARD. CHRIS HUBBARD, BAY COUNTY CODE ENFORCEMENT, AS YOU CAN SEE HERE IN THE NEXT SLIDE, PROPERTY REMAINS THE SAME AS IT WAS JULY 17TH, 2024. SLIDE 14. AGAIN. REINSPECTED APRIL 7TH, 2025. WE SEE ADDITIONAL WORK HAS BEEN DONE TO THE PROPERTY. NO PERMITS HAVE BEEN PULLED AT ANY TIME DURING THIS PROCESS. APRIL 7TH, 2025 NOTICE VIOLATION WAS SENT OUT TO CERTIFIED LETTER AND REGULAR MAIL TO THE OWNER OF RECORD USING THE ADDRESS. 2124 ARGYLE WAY, GADSDEN, ALABAMA. 32435904 LISTED IN THE BAY COUNTY PROPERTY APPRAISER'S DATABASE, THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED. THE REGULAR MAIL WAS NOT RETURNED.

MAY 5TH, 2025. RE INSPECTION WAS CONDUCTED IN THE PROPERTY REMAINED IN VIOLATION. AS YOU CAN SEE, THE CHANGES FROM WHERE IT STARTED TO WHERE IT SITS THERE. MAY 19TH. THE BUILDING INSPECTION WAS DONE BY INSPECTOR THORP. HE'S HERE TO SPEAK ON THAT. MORNING AGAIN, MAGISTRATE INSPECTOR THORP, DURING THIS INSPECTION I DID MEET THE PROPERTY OWNER THERE.

WE MADE AN APPOINTMENT. WOODEN FRAME, SINGLE STRUCTURE THAT SITS IN THE FRONT OF THE PROPERTY. AS INVESTIGATOR JUSTICE SHOWED IT IS IN A FLOOD ZONE PER PLANNING AND ZONING.

IT WOULD NOT BE APPROVED TO BE IN THE FRONT YARD IF IT WAS APPROVED. HAVE TO BE MOVED TO THE REAR OR EQUAL TO OR THE SIDE OF THE HOUSE. IT COULD BE IN THE FRONT UNLESS APPROVED BECAUSE THERE WAS A LAKE OR A POND OR SOMETHING BACK THERE PREVENTING IT ANYWAY. NO PERMITS, NO ENGINEERING. WERE SUBMITTED PRIOR TO CONSTRUCTION OF THIS DWELLING. NEXT PHOTO IS THE BACK OF IT. AS YOU CAN SEE, THE DWELLING IS ANCHORED DOWN TO CONCRETE BLOCKS WITH LAWN MOWER BLADES. CONTINUE. NEXT PHOTO SHOWING UNDERNEATH. THERE'S AN ANCHORING. ARE THOSE LAWNMOWER BLADES? YES, SIR. AS THE INTERIOR. THAT'S ALL. I HAVE NO PERMITS, NO ENGINEERING.

IT'S GOING TO START. HAVE TO START FROM SCRATCH AS IT SITS. UNFIT. UNSAFE STRUCTURE.

PROPERTIES REINSPECTED ON JUNE 9TH, 2025 THROUGH OCTOBER 7TH, 2025 AND REMAINED UNCHANGED FOR THE MOST PART. JULY 14TH, 2025. SLIDE 30. YOU SEE, IT STILL REMAINS. OCTOBER 19TH, 2025.

STILL REMAINS THE SAME. OCTOBER 7TH, 2025. NO CHANGES. NOVEMBER 6TH, 2025. ON OCTOBER THE 8TH, YOU HAD A TELEPHONE CALL. YES, SIR. I'M SORRY. OCTOBER 20TH. OCTOBER 8TH, 2025. I SPOKE WITH THE THE PROPERTY OWNER, DONNY MINTON, WHICH HE'S HERE TODAY. WE DISCUSSED THE VIOLATIONS, WENT OVER THE OPTIONS OF EITHER OBTAINING A DEMOLITION PERMIT OR THE PROPER PERMITS FOR THE BUILDING. WE DISCUSSED THE LENGTH OF THE CASE AND NEED FOR HIM TO MAKE A DECISION AS TO WHICH DIRECTION HE WAS GOING TO GO. NOVEMBER 6TH, 2025 AND DECEMBER 3RD. IT WAS REINSPECTED. IT REMAINED IN VIOLATION AT THAT POINT. NO PERMITS HAVE BEEN PULLED. DID NOTICE THERE IN DECEMBER 3RD THAT IT WAS UP FOR SALE AT THAT POINT. DECEMBER 8TH, THE NOTICE OF VIOLATION NOTICE OF HEARING WAS SENT CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD

[00:50:04]

CERTIFIED NOTICE WAS DELIVERED TO THE RESPONDENT ON DECEMBER 13TH, 2025. DECEMBER 9TH COPY OF THIS HEARING WAS POSTED AT THE PROPERTY FEBRUARY 25TH. PROPERTY WAS REINSPECTED AND REMAINED IN VIOLATION. YOU CAN SEE THE NOTICE HAD BEEN REMOVED AT THAT POINT. MARCH 2ND. I SPOKE WITH MR. MINTON AND WE DISCUSSED THE UPCOMING HEARING AND THE EXPECTED TIME FRAMES.

HE SAID HE WAS STILL HOPING TO SAVE THE STRUCTURE, AND HE IS HERE TODAY TO SPEAK ON HIS BEHALF. MARCH 4TH, WE INSPECTED THE PROPERTY. IT REMAINED AS IT WAS. NO PERMITS HAVE BEEN PULLED TO THE STATE AND IT'S SCHEDULED FOR COMPLIANCE HEARING ON APRIL 16TH, 2026 AT 1 P.M. AND AGAIN, HE'S HERE TO SPEAK AT THIS POINT. ARE THESE STRUCTURES TO THE LEFT? ARE THEY PART OF THE SAME PARCEL OR ARE THEY? YES, SIR. THERE'S A DOUBLE WIDE MOBILE HOME THERE.

AND THEN THAT SHED IN FRONT OF IT THERE. THERE'S NO ISSUE THERE OR ANYTHING LIKE THAT OR IT WAS NOT ADDRESSED IN THIS CASE. NO SIR. ALL RIGHT, ALL RIGHT. MR. MINTON. YES. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. I'M DONNIE MINTON, IT'S 2124 ARGYLE WAY, GADSDEN, ALABAMA, 35904. OKAY. WHAT DO YOU WANT US TO KNOW, YOUR HONOR? I'M I'M I APOLOGIZE.

AND IN ALABAMA, I'M SORRY, THE I DIDN'T DO MY HOMEWORK. AND IN THE COUNTY THERE, YOU DON'T HAVE TO PULL A PERMIT. SO THAT'S JUST AN EXCUSE. BUT THE REASON I CHOSE TO BUILD RIGHT THERE WAS THAT SMALL OUTBUILDING YOU SEE ON THE PHOTO. THERE WAS OVER IN THAT AREA TO THE LEFT, YOU MEAN? YES, SIR. YES, SIR. AND AFTER WE HAD BOUGHT THE PROPERTY THE DAY OF WE THAT WE SIGNED, WE DIDN'T GO TO THE PROPERTY FIRST. AND YOU KNOW, IT HAD LIKE TEN DAYS OF RAIN AND THE WHOLE FRONT YARD WAS FLOODED. SO THAT WAS AN ADVENTURE FOR MY WIFE AND MYSELF. BUT I DID NOTICE DURING THAT TIME THAT THAT SMALL OUTBUILDING TO THE LEFT THERE, SIR, WAS WHERE THE CURRENT STRUCTURE THAT'S IN, IN CODE COMPLIANCE WAS SITTING. AND IT WAS HARDLY, IT WASN'T, IT WAS SITTING ON THE GROUND LIKE THAT. BUT THERE ALSO THE WATER HADN'T GOT TO IT. SO THAT WAS THE REASON FOR CHOOSING THAT LOCATION TO BUILD. AND THEN I MATCHED THE ELEVATION OF THE DOUBLE WIDE HOME AND WENT UP JUST A LITTLE BIT SO THAT IN THE FUTURE I WOULDN'T HAVE ANY ISSUES WITH FLOODING. AS I STATED BEFORE EARLIER, I DIDN'T DO MY HOMEWORK TO KNOW THAT I HAD TO DO THIS. AND THIS HAS PROVEN TO BE A COSTLY MISTAKE ON MY PART. I UNDERSTAND FULL WELL. I WOULD LIKE TO ASK FOR A SPECIAL CONSIDERATION ON A PART, AND SEE WHAT YOUR HONOR FEELS PRIOR TO ANY VIOLATIONS, PRIOR TO ANY CONSTRUCTION OF THIS, I HAD OBTAINED IN 2020 2AA NURSERY LICENSE AND A LICENSE TO CULTIVATE ON THE PROPERTY WITH A DESIGNATED AREA AND AND DOING SOME RESEARCH. SINCE THIS HAS ALL COME ABOUT, I HAD LOOKED AT A FLORIDA STATUTE. 604 STATING THAT A NON RESIDENTIAL FARM BUILDING COULD BE UNPERMITTED. AND SO I WOULD LIKE FOR SPECIAL CONSIDERATION ON THAT PART TOO. MAYBE I WOULD LIKE TO PRESERVE THE BUILDING. AS WE MENTIONED EARLIER, THE BUILDING IS THE STRUCTURE IS THE HOUSE IS FOR SALE. AND IF I COULD MAKE IT TO WHERE IT CAN STILL BE AN OUTBUILDING FOR THE PERSON WHO MAY PURCHASE IT, THAT WOULD BE, YOU KNOW, A WHOLE LOT LESS STRENUOUS ON ME LIVING ALMOST 400 MILES OR 350 MILES AWAY. ANYTHING ELSE SIR? NO, SIR. I DON'T KNOW ANYTHING ABOUT THE AGRICULTURAL OUTBUILDINGS OR ANYTHING LIKE THAT. AND I DON'T HAVE THE AUTHORITY TO, TO GRANT THOSE KINDS OF OR THAT KIND OF RELIEF. THE THING THAT CONCERNS ME IS

[00:55:08]

MR. THORPE, DO YOU KNOW ANYTHING ABOUT THESE NON OR THESE AGRICULTURAL BUILDINGS, NON RESIDENTIAL BUILDINGS OR. THE ONLY THING I KNOW IS DESIGNATED FARMLAND AGRICULTURAL THAT, YOU KNOW, THEY CAN BUILD POLE BARNS AS LONG AS THEY'RE NOT BEING INHABITED. THERE'S SOME DEVIATION WITH NO PERMITS. I BELIEVE THIS HAS NOT BEEN CHANGED OVER IN PROPERTY APPRAISER YET. SO IF YOU'RE NOT FAMILIAR WITH THIS CHANGE AND THAT WOULD ALL HAVE TO BE PERMITTED APPLIED FOR ONCE THAT'S BEEN DONE. A LENGTHY PROCESS WHICH HE SHOULD HAVE STARTED IN THE BEGINNING WHEN NOTIFIED, WE WOULDN'T PROBABLY BE HERE. BUT BY THE TIME THE THIS EXPIRES, HE PROBABLY WON'T HAVE ENOUGH TIME. I UNDERSTAND THAT, YOU KNOW, THE CONCEPT OF POLE BARNS AND THAT SORT OF STUFF, BUT. THIS IS OBVIOUSLY NOT A POLE BARN. NO, AND IT'S GOT WALLS AND STUFF LIKE THAT ON THERE BECAUSE OF THE SIZE.

WOULD IT REQUIRE WHAT I'M GOING TO CALL ENGINEERING DRAWINGS AND ALL OF THAT SORT OF STUFF? ABSOLUTELY. ENGINEERING AND A SITE PLAN. FLOODPLAINS. SINCE THE ENTIRE PRETTY MUCH 90% OF THE ENTIRE PROPERTY IS, IS IN FLOOD ZONE. SO WHICH CHANGES ON A, I THINK, YEARLY BASIS BY FEMA FIRM. SO BUT FLOODPLAIN EQUALS SPECIAL RULES OR DIFFERENT RULES ANYHOW. OKAY.

YOU CAN'T BUILD ON THEM, BUT THERE ARE SPECIAL WITH COHESION. RIGHT? RIGHT. YOU KNOW. THE AGRICULTURAL BUILDINGS. LET ME ASK YOU ONE MORE. IF I UNDERSTOOD YOU RIGHT, THE PROPERTY THAT THAT BUILDING SITS ON HAS GOT TO HAVE SOME SORT OF SPECIAL DESIGNATION.

CORRECT. OKAY. BECAUSE WE DO HAVE SOME UP ON. I THINK WE TALKED ABOUT THIS BEFORE, RIGHT.

YOU GOT SOME BIG FARMS BACK HERE IN SCOTTSBORO. THEY'RE DESIGNATED FARMS. AND THEY, THEY, THEY CONSTRUCTED POLE BARNS AND STUFF FOR STABLES. I THINK THEY DON'T USE FOR PATIENTS OVER SPORTS OR WHATEVER IT'S PERMITTED FOR. OTHER THAN THAT THEY'RE SPECIAL EXEMPTIONS FOR. BUT AGAIN, THIS PROPERTY IS NOT PRESENTLY DESIGNATED LIKE THAT. RIGHT.

OKAY. YOU SEE WHERE WE'RE COMING FROM ON ALL OF THIS. I MEAN, THAT'S THAT'S THE PROBLEM.

BECAUSE IT'S NOT ENGINEERED AND IT LOOKS WHAT I'M GOING TO CALL, I'M SURE IT'S NOT A CONSTRUCTION TERM, BUT IT LOOKS TOP HEAVY BECAUSE IT'S SO TALL. THE, I GUESS THE WIND LOAD ON THAT WOULD BE INCREASED BY VIRTUE OF ITS HEIGHT. AND SURE, OF COURSE, WIND ON THE SITE.

OKAY, SO AGAIN, THAT'S B ON US. THAT'S AN ENGINEERING. LOTS OF, YOU KNOW, THE HIGHER YOU GO, THE MORE STRUCTURAL FOOTING AND, AND SECURITY YOU NEED TO DO. IT DOESN'T AT LEAST LOOK LIKE HE TRIED WITH THE CONCRETE PILLARS AND ALL OF THAT. AND THE, YOU KNOW, I DON'T GUESS YOU CAN GET MUCH BETTER STEEL THAN A LAWNMOWER BLADE. I MEAN, IT'S, IT'S PRETTY RUGGED. I QUITE FRANKLY DON'T SEE ANY ANY RELIEF THAT I CAN GRANT YOU. I MEAN, AND LIKE I SAID, THE PROBLEM WAS THAT YOU KNEW IN JUNE OF 24 THAT THERE WAS AN ISSUE AND YOU KEPT MOVING. I

[01:00:07]

I MEAN, IT'S A DIFFERENT WORLD, UNFORTUNATELY. SO AND THESE THESE PLANS HAVE GOT TO BE THEY'VE GOT A FANCY NAME FOR IT. FLORIDA REGISTERED DESIGN PROFESSIONAL OR SOMETHING LIKE THAT. THEY'VE GOT TO BE STAMPED BY SOMEBODY LIKE THAT. THAT'S A FLORIDA ARCHITECT AND OR ENGINEER THOSE KINDS OF THINGS. SO. UNFORTUNATELY, LIKE I SAID, I JUST DON'T SEE THAT I'VE GOT MUCH ROOM TO, TO DO ANYTHING. AND, AND I DON'T HAVE THE AUTHORITY TO GRANT THE RELIEF THAT YOU WERE TALKING ABOUT, ABOUT THE SPECIAL AGRICULTURAL BUILDING. SO. I'M GOING TO HAVE TO FIND THAT THE PROPERTY LOCATED AT 7908 BRANDON ROAD IN PANAMA CITY, IS IN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. THE NOTICE WAS GIVEN TO THE RESPONDENT. HE HAS APPEARED AND TESTIFIED IN THIS MATTER AND BEEN AFFORDED THE OPPORTUNITY TO OFFER EVIDENCE OR AND OR TESTIMONY AND ASK QUESTIONS OF CODE ENFORCEMENT. THERE IS A VIOLATION OF SECTION 17 TWO IN THE FORM OF AN UNFIT OR UNSAFE STRUCTURE. TO BE COUPLED WITH THE ISSUE OF NON PERMITTING AND A FLOOD ZONE AND ALL OF THAT SORT OF STUFF. THE RESPONDENT SHALL BE GIVEN A PERIOD OF 30 DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY ADDRESSING THE UNFIT OR UNSAFE STRUCTURE IN THE FOLLOWING MANNER. 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 THAT DEMOLITION DEBRIS FROM THE PROPERTY OR IN THE ALTERNATIVE.

AND I DON'T KNOW IF THIS CAN YOU KNOW WHAT ALL IS, WHETHER YOU'RE GOING TO BE ABLE TO GET IT PERMITTED. IF IF YOU APPLY FOR THE UNFIT OR UNSAFE STRUCTURE IN THE FOLLOWING MANNER, AND YOU MAY NEED TO OBTAIN WHAT'S CALLED A SUBSTANTIAL DAMAGE DETERMINATION FROM THE BAY COUNTY CERTIFIED FLOODPLAIN MANAGER. IF IT'S IN A FLOOD ZONE AND THEY TESTIFY THAT IT IS IN A FLOOD ZONE, SUBMIT A COMPLETE BUILDING PERMIT APPLICATION TO THE BUILDING DEPARTMENT AND THE APPLICATION SHALL INCLUDE STRUCTURAL REPORT AND A COMPLETE SET OF STRUCTURAL REPAIR DRAWINGS FROM A FLORIDA LICENSED AND REGISTERED DESIGN PROFESSIONAL. AND THAT'S GOT TO BE SUBMITTED TO CODE ENFORCEMENT. SUBMIT A DETAILED ACTION PLAN TO INCLUDING TIME FRAMES OUTLINING THE NECESSARY REPAIRS FOR THE

[01:05:02]

ALL PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED AND MADE IN ACCORD WITH THE ACTION PLAN AND THE STRUCTURAL REPORT. AND ALL BUILDING PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED AND THE PERMITS FINALIZED IN ORDER FOR THE REPAIRS TO BE DEEMED COMPLETE. IF AT ANY TIME DURING THIS PROCESS THE PERMITS WERE EXPIRE OR BECOME VOID FOR ANY REASON, IT SHALL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT AND INFORM CODE ENFORCEMENT OF ANY PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF YOU FAIL TO COMPLY WITH THE ACTIONS WITHIN THE 30 DAYS. I'M NOT GOING TO. IT CALLS FOR $1,000 FINE. I'M GOING TO REDUCE THAT TO $100. THE FIVE WILL BECOME A LIEN ON THE DEFENDANT OR THE RESPONDENT'S PROPERTY, REAL AND PERSONAL, LOCATED HERE IN BAY COUNTY, AND NONCOMPLIANCE SHALL ALSO BE DEEMED TO HAVE OCCURRED IF YOU OBTAIN A DEMOLITION OR BUILDING PERMIT WITHIN THE TIME FRAME SET FORTH, AND THEN ALLOW THE PERMIT TO EXPIRE OR AGAIN, HAVE IT BECOME VOID FOR ANY REASON THAT SHALL BE DEEMED A DEFAULT AND A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. NOW, IF YOU GET A DEMO PERMIT, BASICALLY THEY'RE GOOD FOR SIX MONTHS. SO IF YOU WANT TO TRY TO GET THIS THING PERMITTED FURTHER, THAT MIGHT GIVE YOU A LITTLE BREATHING ROOM. YES, SIR. BUT YOU KNOW. YOU MIGHT BE SWIMMING UPSTREAM GETTING IT PERMITTED. I DON'T KNOW ANY OTHER WAY TO PUT IT. YES, SIR.

I'M QUITE USED TO THAT. LET ME MAY I ADD THIS? AS WE MENTIONED, THE THE BUILDING IS THE HOUSE IS FOR SALE AND WE DO HAVE A UNDER CONTRACT, AND I WANT TO MAKE SURE THAT I'M NOT LEAVING THIS TO ANYBODY FOR THEM TO HAVE TO WORRY ABOUT. I HAVE PUT THAT BUILDING UP FOR SALE, LIKE ON THE MARKETPLACE, AND HAD SOME INTERESTED PEOPLE THAT WANT TO MOVE IT. I HAVE TOLD THEM IT'S 17 FOOT TALL. YEAH, IT'S 17 FOOT TALL. I HAD THOUGHT ABOUT MAYBE JUST REMOVING THE ROOF AND AT LEAST IT WOULD BE A LOT LOWER IF SOMEBODY COMES IN THERE LIKE THE ONE MAN WANTED TO BRING A LOWBOY IN AND JACK IT UP AND AND HAUL IT OUT. I DID GET THE DEMOLITION PERMIT THINGS, BUT THERE'S A LOT OF STUFF THAT I THINK I HAVE TO DO IN FRONT OF THEM, AND I INTEND TO TAKE CARE OF THAT TODAY IF THAT'S SOMETHING I CAN. YES, SIR. YOU KNOW, THE THING IS, WITH THE THE FACT THAT THERE IS A A PENDING CODE VIOLATION THING, YOU'VE JUST SIMPLY GOT TO DISCLOSE IT TO ANY SELLER THAT YOU HAVE. YES, SIR. BUT. YOU KNOW, LIKE I SAID, IF YOU GET THE IF YOU GET THE DEMO PERMIT, YOU'VE GOT BASICALLY A SIX MONTH WINDOW TO CURE SOME ISSUES THAT MAY BE IN FRONT OF YOU. SO, YOU KNOW, IF YOU WANT TO TRY THAT, THAT'S, THAT'S, THAT MIGHT GIVE YOU THE CHANCE TO, TO SELL IT AND LET SOMEBODY TOTE IT OFF OR WHATEVER THE CASE MAY BE. BUT YOU KNOW, THAT'S, THAT'S UP TO YOU. YES, SIR. BUT YOU'LL GET A COPY OF THIS ORDER AND, YOU KNOW, CODE ENFORCEMENT IS WILLING TO HELP IF YOU'LL CALL THEM AND TALK TO THEM ABOUT ISSUES THAT YOU MAY HAVE. THEY'RE, YOU KNOW, THEY'RE HAPPY TO TALK TO YOU ABOUT IT AND SEE WHAT THEY CAN FIND. EVERYONE I'VE TALKED TO HAS BEEN REALLY NICE AND UNDERSTANDING. I APPRECIATE THEM. ALL RIGHT. I APPRECIATE YOU BEING HERE. THANK YOU, THANK YOU. WITH THAT. JUST IN. OH, YEAH. THERE IS A WHAT'S CALLED A NON COMPLIANCE HEARING. AND IT WILL BE ON APRIL THE 16TH HERE IN THIS ROOM AT 1:00.

IF YOU GET YOU KNOW, IF YOU GET A PERMIT THAT THAT'LL TAKE IT OFF THE DOCKET WON'T IT UPDATE YOU. YEAH. OKAY. ALL RIGHT. OTHERWISE WHEN I NEED TO BE HERE, SIR. WELL, THAT'S UP TO YOU WHETHER YOU COME OR NOT. BUT THEY WILL NOTIFY YOU IF THAT HEARING IS GOING TO OCCUR OR NOT. OKAY. THANK YOU. NEXT TWO. YEAH. THIS BRINGS US TO ITEM C ON THE AGENDA, WHICH IS 8931 MERLIN DRIVE ON JULY THE 17TH 2024, BAY COUNTY CODE ENFORCEMENT DID RECEIVE A COMPLAINT OF OVERGROWTH AND AN UNFIT, UNSAFE MOBILE HOME ON THIS PROPERTY LOCATED WITHIN

[01:10:02]

THIS IS LOOKING BACK AT THE ADDRESS 8931 MARLIN. FROM THE ROAD YOU CAN SEE THE WHAT INVESTIGATOR SCOTT CLASSIFIED AS A BLIGHTED MOBILE HOME OVERGROWTH. SOME JUNK IN THIS PHOTOGRAPH FIVE. TWO DERELICT VEHICLES. ON AUGUST THE 26TH, A NOTICE OF VIOLATION WAS SENT CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD USING THE ADDRESS 8939 MERLIN DRIVE, YOUNGSTOWN. ACCORDING TO THE BAY COUNTY PROPERTY APPRAISER'S, THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED. THE REGULAR MAIL NOTICE STILL HAS NOT RETURNED AS OF THIS DATE. THE PROPERTY WAS REINSPECTED FROM OCTOBER 1ST, 2024 THROUGH JULY 7TH, 2025 AND REMAINED IN VIOLATION. HOWEVER, THE OVERGROWTH IN THE FRONT OF THE PROPERTY AND THE DERELICT VEHICLES WERE CORRECTED DURING THIS TIME FRAME. THIS IS BACK IN OCTOBER 1ST, 2024. THESE ARE INVESTIGATOR RAYMOND SCOTT'S PHOTOGRAPHS. YOU CAN STILL SEE THE OVERGROWTH, THE BLIGHTED MOBILE HOME, TWO DERELICT VEHICLES AND THE JUNK. NOVEMBER 12TH THE BLIGHTED MOBILE HOME.

SOME JUNK. SLIDE TEN. IT APPEAR THE. THE OVERGROWTH HAD BEEN CUT HERE IN THIS PHOTOGRAPH OR PART OF IT IN THE FRONT YARD. DECEMBER THE 10TH. PROVIDED MOBILE HOME. AND I BELIEVE.

LET'S SEE THIS JANUARY 30TH. STILL HERE THE GRASS HAD BEEN CUT OR THE WINNER GOT IT. BOTH THE ARE DERELICT VEHICLES REMAINED IN SLIDE 16. YOU CAN SEE THE JUNK AS WELL AS THE BLIGHTED MOBILE HOME. ON MARCH THE 4TH. SLIDE 19 STILL CONTAIN THE BLIGHTED MOBILE HOME. THE TWO DERELICT VEHICLES, THE RED VAN AND THE RED SUV IN THE FRONT YARD. HERE IN SLIDE 20, YOU SEE THE JUNK IN THE FRONT YARD. APRIL THE 9TH. JUNK IN THE FRONT YARD REMAINED THE BLIGHTED MOBILE HOME. THE OVERGROWTH HAS STARTED TO COME BACK. JUNE 26TH. THIS PROPERTY WAS POSTED FOR A HEARING. WHAT WAS REMOVED FROM THE JULY DOCKET MOVED BECAUSE THE MOBILE HOME APPEARED TO BE UNFIT UNSAFE AT THAT TIME. JULY 7TH. THE PROPERTY WAS REINSPECTED FROM OCTOBER 2024 TO JULY 7TH, 2025 AND REMAINED IN VIOLATION. AND THIS IS THE JULY 7TH NOTICE.

THE DERELICT VEHICLES ARE GONE, THE OVERGROWTH HAD BEEN CUT AND SOME OF THE JUNK HAD BEEN REMOVED. AT THIS TIME. THE PROPERTY WAS SCHEDULED FOR A HEARING. AS I SAID, IN JULY 2025, IT WAS REMOVED DUE TO A BUILDING INSPECTION TO BE COMPLETED BY INSPECTOR THOUGHT.

AGAIN, SINGLE MOBILE HOME SITS ON THE PROPERTY ALONG WITH A POOL AND DECK AT THE REAR, WAS NOT OCCUPIED DURING THE TIME OF INSPECTION. AS YOU CAN SEE HERE, MOBILE HOMES HAVE BEEN REROOFED WITHOUT PERMITS, WAS NEVER COMPLETELY FINISHED. MISSING PANELS ON THIS END THE RIGHT SIDE OF 28. SLIDE 28. LONG AS. AS WELL AS THE REAR. SEVERAL PORTIONS OF THE DECKING WERE ROTTED ALONG WITH FASCIA SOFFIT STUFF. NO FINISHED SIDING ON THE OUTSIDE, NO WEATHER WRAP.

NEXT PHOTO PLEASE. BACK. BACK UP A LITTLE BIT. TWO AS YOU CAN SEE, ROTTED CHEATING ON THE OUTSIDE. LARGE PORCH HAD BEEN ADDED AND DECKING ON THE THE FRONT DIRECTLY ATTACHED AND BLENDED IN TO THE MOBILE HOME WITHOUT PERMITS. DESIGN PROFESSIONAL. THE GABLE ON THE FRONT IS ROTTED OUT. MISSING FLOOR SUBFLOOR ON THE. THE DECK GOING INTO THE HOME THERE WAS ONE LITTLE PATHWAY INTO THE FRONT DOOR. WINDOWS HAVE BEEN CHANGED OUT RATHER THAN LIKE ITEMS. SOME OF THE WINDOWS ARE ALSO BROKEN OUT, ALLOWING ELEMENTS TO ENTER INTO THE MOBILE HOME. AND AS YOU CAN SEE IN THE BOTTOM RIGHT, PHOTO 28 IS ROTTING TO THE FRAMEWORK.

THE BOTTOM PLATE RIM JOIST AROUND THE EDGE OF THE MOBILE HOME. NEXT PHOTOS. CLOSER. LOOK

[01:15:06]

MISSING SOFFITS, DISLODGED LIGHTING. THERE'S A CLOSER LOOK AT THE ROUTING TO THE FRONT PORCH. NO JOIST HANGERS, NOTHING DIRECTLY ATTACHED FOR SAFETY LIKE SIMPSON TIE STRAPS OR ANYTHING TO THE MOBILE HOME. AGAIN, UNPERMITTED AND DIRECTLY ATTACHED TO THE MOBILE HOME. AS YOU CAN SEE, THERE WAS BLENDED INTO THE ROOF LINE. THE FRONT DOOR ALSO HAD BEEN CHANGED OUT.

OTHER THAN LIKE MATERIALS, THERE WAS SOME JOIST HANGERS THAT WERE PRESENT ON THE THE DECK AT THE BOTTOM. DON'T KNOW HOW THE EIGHT BY EIGHT POST WERE MOUNTED IN THE GROUND WITH THEIR CONCRETE FOOTERS OR ANYTHING. AS FAR AS I CAN TELL, THEY'RE JUST STUCK IN THE GROUND. MAYBE SOME CONCRETE DOWN THERE. CLOSER. LOOK AT THE ROTTING, ROTTING TO SOME OF THE FRAMEWORK THAT'S UNDERNEATH AS WELL. DAMAGE INSULATION. THERE'S THAT RIGHT PHOTO. YOU CAN SEE MORE ROTTING TO THE FRAMEWORK AS WELL. AS WE GO DOWN ALONG THE LEFT SIDE OF THE LEFT FRONT OF THE MOBILE HOME. THERE'S THE WINDOWS REPLACED. OTHER THAN LIKE MATERIAL, BROKEN WINDOWS AT THE END, MATTRESS COVERING THE HOLES. LARGE AREA DAMAGE ON THE REAR.

THE TARP WAS MISSING ROOF PANELS. AND THERE'S THE POOL IN THE BACK, MISSING HANDRAILS, ROTTED DECKING AROUND IT, AND STAGNANT WATER AS IT SITS. UNFIT, UNSAFE, NO PERMITS. ALSO, A DERELICT VEHICLE WAS TUCKED IN THE BACK THAT WAS NOT OBSERVED FROM THE ROAD.

INVESTIGATOR CHRIS HUBBARD WILL CONTINUE THIS PART OF THE TESTIMONY. CHRIS HUBBARD, BAY COUNTY CODE ENFORCEMENT THE PROPERTY IS REINSPECTED ON JULY 28TH, 2025, AND YOU SEE IT REMAINED UNCHANGED. IT WAS. IT WAS INSPECTED THROUGH DECEMBER 3RD, 2025 AND REMAINED IN VIOLATION. DURING THAT PERIOD, THOUGH, THE PROPERTY CHANGED OWNERSHIP. OCTOBER 15TH, YOU CAN SEE 2025. NEXT SLIDE. NO CHANGES REMAINED IN VIOLATION. OVERGROWTHS COME BACK. SEE THE JENKINS TRASH TO THE SIDE THERE. DECEMBER 3RD, 2025. OVERGROWTH BEEN CUT AGAIN. THE JUNK AND TRASH REMAINED IN THE MOBILE HOME AS IT WAS DECEMBER 5TH, 2025. NOTICE VIOLATION. NOTICE OF HEARING WAS SENT CERTIFIED AND REGULAR MAIL TO THE NEW OWNER OF RECORD USING THE ADDRESS. 9350 KINGSWOOD ROAD, SOUTHPORT, FLORIDA 32409 WHICH IS LISTED IN BAY COUNTY PROPERTY APPRAISER'S DATABASE. THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED. THE REGULAR MAIL WAS NOT RETURNED. DECEMBER 9TH, 2025. THE PROPERTY WAS POSTED AS IN SLIDE 59. THERE ON THE TREE THERE WITH THE HEARING DATE ON IT. MARCH 4TH. WELL, LET'S SEE, MARCH 4TH RE-INSPECTED THE PROPERTY REMAINED IN VIOLATION. NO CHANGES. NO COMMUNICATION HAS BEEN RECEIVED FROM THE CURRENT PROPERTY OWNER. TO DATE. NO PERMITS HAVE BEEN OBTAINED TO DATE. THE CASE IS SCHEDULED FOR COMPLIANCE HERE ON APRIL 16TH, 2026 AT 1 P.M. I BELIEVE THERE'S SOMEBODY HERE ON BEHALF OF THE PROPERTY TO SPEAK TODAY, AND THAT'S ALL WE HAVE AT THIS POINT, MR. RAMIREZ. WOULD GIVE US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. SIR. MY NAME IS GONZALO RAMIREZ. I DON'T HAVE AN EMAIL EITHER. DON'T HAVE A MAILING ADDRESS? NO I DON'T. YOU'RE THE OWNER. YES. YEAH, YEAH, I'M THE CONTRACTOR. OKAY. ALL RIGHT. TELL US YOUR NAME AND GIVE US YOUR MAILING ADDRESS. THANK YOU. TIM CASALE, 3455 HARRISON AVENUE, PANAMA

[01:20:02]

BUT HIS WE DID CLEAR THE WHOLE BACKYARD, GOT RID OF THE JUNK TRUCK IN THE BACKYARD.

EVERYTHING'S ALL THE LITTLE STUFF'S PICKED UP IN THE FRONT. THAT LITTLE BIT OF STUFF UP THERE BY THE FRONT, SOMEBODY'S GETTING. BUT IT'S READY TO GO. AND WE'RE GOING TO GET A ROOF PERMIT AND DO EVERYTHING. TAKE THE METAL ROOF OFF. THEY DID. AND ALL THE, THE SIDING AND YOU KNOW, IT'S ALL MOBILE HOMES IS A DIFFERENT BIRD, SO TO SPEAK. IT IS. AND SO IT'S ALL GOT TO BE LIKE MATERIAL AND ALL OF THAT OTHER SORT OF JAZZ. SO Y'ALL GOING TO RECITE IT AND ALL OF THAT SORT OF STUFF, OR. WELL, THE OWNER THAT DIED, HE TOOK THE SIDING OFF THE FRONT.

I DON'T KNOW WHY. AND THEN HE DIED AND THEN IT JUST ROTTED AWAY. SO WE'RE THE ARCHITECTS AND ENGINEERS SAID WE NEED TO TEAR ALL THAT OFF AND REDO IT. AND HE GOT US A NAILING PATTERN AND EVERYTHING FOR THE REPAIRS. IT'S ALL ADDRESSED ON THERE. FROM WHAT I UNDERSTAND, IF WE APPLY FOR. ALL THE NOTES ON THERE. YEAH. ALL RIGHT. THEY'RE GOING TO CHANGE THE DECKING OUT ON THE PORCHES. WE'LL NEED TO CHANGE UP SLIGHTLY. YEAH. BUT EVERYTHING PRETTY MUCH. I KNOW YOU GOT THE WINDOWS AND DOORS AND HE DIDN'T NOTE THE WINDOWS OR DOORS ON THERE, BUT WE CAN EITHER PUT THEM BACK ORIGINAL OR WE CAN GET A WINDOW PERMIT TO PUT THEM BACK, KEEP THEM THE WAY THEY ARE. THOSE ARE MUCH BETTER THAN THE WINDOWS. OH YEAH. YEAH, YOU'LL HAVE TO SEE IF WE GET A WINDOW PERMIT TO REPLACE THEM. THAT'S NO PROBLEM. WINDOW DOORS. OKAY. ALL THAT WILL HAVE TO BE. THAT'S WHAT WE PREFER TO DO. YEAH. BECAUSE THERE'S MORE WINDOWS IN THE MOBILE HOME THAT THE GUY HAD ALREADY BOUGHT TO REPLACE ALL OF THEM. SO WE'D PREFER TO REPLACE THEM ALL WITH THE. THAT WILL HAVE TO BE INCLUDED WITH YOUR PERMIT. SURE. YES, SIR.

YEAH. OKAY. BUT WE CAN DO THAT THIS WEEK OR NOT THIS WEEK BECAUSE IT'S THURSDAY. BUT WE CAN DO IT NEXT WEEK AND HAVE THE PERMIT. LET'S PUT IT OR PUT IT ON THE DOCKET FOR APRIL THE 16TH AT 1:00. THAT'S OUR WHAT WE CALL A NON COMPLIANCE HEARING. OKAY. BUT IF IF HE GETS THE PERMITS AND EVERYTHING REQUIRED TO DO ALL THIS SORT OF STUFF, JUST PULL IT AND LET ME OR, YOU KNOW, CLEAR IT OFF THE DOCKET. YES, SIR. LET HIM KNOW THAT HE DOESN'T HAVE TO COME.

AND IF IF YOU'VE DEALT WITH THE COUNTY, I'M NOT GOING TO HAVE A PERMIT BY THEN. IT'LL TAKE. BUT I CAN APPLY FOR IT TOMORROW. BUT I WON'T HAVE. THE APPLICATION IS THE. I WILL, YOU'LL MAKE SURE. OKAY. COOL. THANK YOU. I APPRECIATE THAT THIS NEEDS TO BE. YOU'LL HAVE TO HAVE THIS UPDATED WITH THE WINDOWS AND DOORS AND CAN YOU, IN THIS FIRST HEARING UNTIL THE 16TH FOR A COMPLIANCE HEARING ON THE SYSTEM, WE'LL JUST DO A FIRST. OKAY, COOL. YES, SIR.

THANK YOU, THANK YOU. YEAH. THEY'LL ASK FOR IT DOWN THERE. YEAH. YEAH. THEY'LL PUT YOU IN A HOLDING PATTERN. I KNOW I'VE BEEN THERE. ARE YOU GOING TO. THAT'S FINE. HE'S GOING TO HAVE TO HAVE THE WINDOWS IN ORDER TO. EVERYTHING ON THE ROOF. THE PORCH SHOOTING IN EARLY IS ADDRESSED. YEAH. OKAY. WE'RE GOING BACK TO SHINGLES. WE'RE NOT DOING THAT METAL ROOF.

WE'RE TAKING THAT OFF AND GOING LIKE IT WAS, OKAY, WE'RE GOING TO PUT IT ON THE, THE DOCKET FOR THE 16TH TO SEE IF YOU GOT ALL THE PAPERWORK IN ORDER. YES, SIR. AND IF YOU GET ALL THE PAPERWORK IN ORDER, THEY'RE GOING TO CALL YOU AND SAY, HEY, YOU DON'T NEED TO SHOW UP ON THE 16TH. OKAY. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU. APPRECIATE YOU WORKING ON TRYING TO DO IT RIGHT. YEAH. THANK YOU. THIS BRINGS US TO ITEM D. THE ADDRESS IS 5216 SUN WOOD ROAD. ON MAY 19TH, 2025. BAY COUNTY CODE ENFORCEMENT DIVISION RECEIVED A COMPLAINT OF JUNK ON THIS PROPERTY LOCATED WITHIN THE. WITHIN THE UNINCORPORATED AREA OF BAY COUNTY, COMMONLY KNOWN AS BAYOU GEORGE. THIS FIRST SLIDE. YOUR HONOR, FOR JURISDICTIONAL PURPOSES, YOU SEE THE CORNER OF 231 AND STAR JUST EAST OF THAT INTERSECTION OFF OF JOHN PITTS.

[01:25:07]

INVESTIGATOR HUBBARD. CHRIS HUBBARD, BAY COUNTY CODE ENFORCEMENT ON MAY 19TH, WE RECEIVED A COMPLAINT ABOUT THIS PROPERTY AS JUNK. ON MAY 20TH, I INSPECTED THE PROPERTY AND FOUND IT IN VIOLATION OF BAY COUNTY 17 TWO NUISANCES IN THE FORM OF. WE'LL GO THROUGH THE SLIDES. TIM. THIS IS FROM SON WOOD, LOOKING STRAIGHT INTO THE PROPERTY. AS YOU CAN SEE, THE OVERGROWTH, THE JUNK ON SCREEN PROPERTY. SO I FOUND IT IN VIOLATION OF JUNK OVERGROWTH, UNSCREENED UNUSED PERSONAL PROPERTY AND DERELICT VEHICLES. LOOKING ACROSS THE YARD THERE, I SPOKE WITH THE PROPERTY OWNER ON THAT DAY, STEPHEN PETTUS, I BELIEVE HE'S HERE TODAY. WE WENT OVER THE VIOLATIONS AND HE SAID HE WOULD START WORKING TO CLEAR THEM. PHOTOGRAPHS OF THE PROPERTY INTRODUCED INTO EVIDENCE EXHIBIT A AND CONTAINED IN THE CASE FILE. MAY 22ND, I RECEIVED A PHONE CALL FROM THE NEIGHBOR TO THE LEFT OF THE PROPERTY AT 5232 SON WOOD. HE REQUESTED HER TO COME OUT SO I CAN VIEW THE BACKYARD OF THE SUBJECT PROPERTY. SO I INSPECTED THE PROPERTY AND ADDITIONAL PICTURES OF THE BACKYARD WERE TAKEN. SO THIS IS FROM THE ADJOINING PROPERTY TO THE LEFT, STARTING AT THE BACK OF THE PROPERTY. KIND OF WORKING DOWN THE FENCE, YOU CAN SEE THE OVERGROWTH AND THE DEBRIS IN THE JUNK AND WHAT HAVE YOU THROUGH THERE. AND THAT'S JUST AT THE PROPERTY LINE, AT THE FENCE, LOOKING ACROSS THROUGH THERE, YOU CAN SEE THE STRUCTURES IN THE BACK AND THE OVERGROWTH IS OVER MY HEAD THERE. THIS IS THE SIDE OF THE MOBILE HOME. YOU SEE THE JUNK, THE UNSCREENED, UNUSED PERSONAL PROPERTY AND THE DEBRIS THERE UP AGAINST IT. MOVING TOWARD THE FRONT, YOU CAN SEE IT LOOKS LIKE SOME BUSTED UP FURNITURE OR SOME TYPE OF DEBRIS, JUNK AND TRASH OVERGROWTH KIND OF MOVING DOWN THE FENCE. THE SIDE SHOT OF THE FRONT YARD. YOU CAN STILL SEE THE VEHICLES, THE OVERGROWTH, THE TRASH ON SCREEN, PERSONAL PROPERTY. I SPOKE WITH BOTH PROPERTY OWNERS, THEN STEVE AND NINA PETTIS AND WENT OVER THE VIOLATIONS ABOUT THE BACKYARD.

HE SAID THE FRONT YARD WOULD BE CLEANED BEFORE I RETURNED. THEY WOULD START CLEANING THE BACKYARD AND THAT WAS ON THE DAY OF THE INSPECTION. THAT DAY, AUGUST 5TH, IT WAS REINSPECTED.

YOU CAN SEE SOME OF THE STUFF HAS BEEN MOVED. FROM TOWARD THE ROAD WHERE IT WAS AT, BUT YOU STILL SEE THE VEHICLES REMAIN, THE OVERGROWTH STILL THERE, STILL SOME JUNK AND TRASH, UNSCREENED PERSONAL PROPERTY SCATTERED ABOUT. OH, THAT'S GOING DOWN THROUGH THE NEIGHBOR'S YARD, DOWN THE SIDE OF THE PROPERTY, HEADED TOWARD THE REAR. YOU CAN SEE THE OVERGROWTH REMAINS AT THE SIDE OF THE HOUSE. AND PRESUMING THAT STUFF BURIED UP UNDER ALL OF THAT, AT THIS POINT, I COULD NOT TELL. THERE'S THE SOME OF THE JUNK THAT WAS THERE IN THE FIRST PICTURES THAT YOU CAN SEE THE OVERGROWTH THROUGH THERE INTO THE BACKYARD. I'M JUST MOVING DOWN THE FENCE, SOME OF THE REPAIRS UNTOUCHED. HAD AN INSPECTION ON THE STRUCTURES IN THE BACK BY INSPECTOR THORP. HE'S HERE. MORNING AGAIN. MAGISTRATE INSPECTOR THORP ACCESSORY STRUCTURE SITS BEHIND THE MOBILE HOME. I DID WANT TO NOTE THAT I DID NOT CATCH IN HIS PHOTOS THAT WHILE LOOKING FROM THE OTHER PROPERTY, THE DEAD FRONT COVER IS MISSING ON THAT ELECTRICAL PANEL. I'M OBVIOUSLY SEEING THAT THAT NEEDS TO BE ADDRESSED. I NEED TO BACK UP SCOTT PHOTOS. I SAW THE MAGISTRATE, SAW IT UNCOVERED. IT'S PROBABLY LAYING ON THE GROUND. THEY REPLACE IT. IT NEEDS TO BE REPLACED. LIKE ANYWAY, SO THIS IS THE ACCESSORY STRUCTURE. AS YOU CAN SEE IN THAT PHOTO KIND OF AFTER THE HURRICANE, IT SUSTAINED A PRETTY GENEROUS TREE STRIKE FROM A PINE TREE. AND AS WE WENT DOWN THE PROPERTY LINE FROM THE COMPLAINANTS, YOU CAN SEE THEIR SIGNIFICANT ROOF DAMAGE. METAL ROOFING RIPPED OFF TRUSS DAMAGE ALONG WITH SOME OF THE WALL ON THE BACK. AND THERE YOU GO. PRETTY LARGE ACCESSORY STRUCTURE. AND THAT TREE WAS LAYING KIND OF WHERE THAT METAL ROOFING IS COVERING THE HOLES THEY'RE LAYING ACROSS THE, THE, THE FRONT. SO AS IT SITS UNFIT. UNSAFE ACCESSORY.

SEPTEMBER 3RD, RE-INSPECTED THE PROPERTY AGAIN, THAT'S FROM THE NEIGHBOR'S YARD. YOU CAN SEE SOME OF THE OTHER OVERGROWTH STARTING TO BE CUT THERE. OF COURSE THIS PICTURE NOW THERE'S FURNITURE THAT'S BEEN DISCARDED OUT THERE TO THE TRAILER OVER THERE. SO THAT WAS ADDED AS A VIOLATION. I SPOKE WITH THE THE PROPERTY OWNER'S WIFE OR SHE'S PROPERTY OWNER ALSO, AND WE DISCUSSED THE PROCESS. YOU CAN SEE THEM IN THAT LAST PICTURE WAS WALKING AWAY WHEN I WAS AFTER I TOOK THE PICTURES. BUT YOU CAN STILL SEE THE BACK HAS NOT BEEN TOUCHED. THE FURNITURE

[01:30:05]

THE REGULAR MAIL WAS NOT RETURNED FEBRUARY 12TH. THE PROPERTIES WERE INSPECTED. AS YOU CAN SEE HERE, A LOT OF THE OVERGROWTH HAS BEEN ADDRESSED. THE FURNITURE APPEARS TO BE REMOVED. SOME OF THE JUNK AND TRASH HAS BEEN CLEANED UP. HOWEVER, IT REMAINS IN VIOLATION AS YOU CAN STILL SEE SOME JUNK DERELICT VEHICLES, SOME TRASH, UNSCREENED UNUSED PERSONAL PROPERTY STILL SCATTERED ABOUT AND THE BACK IS APPEARS TO BE UNTOUCHED AT THIS POINT. YOU CAN STILL SEE THE SAME ITEMS FROM THE EARLIER PICTURES REMAIN. THE STRUCTURES ARE STILL UNTOUCHED. THE OVERGROWTH. THE JUNK TRASH. MOVING DOWN THE SIDE OF THE TRAILER, YOU CAN STILL SEE. IT LOOKS LIKE SOME OF IT MAY WELL. THAT'S BEEN MOVED. BUT IT STILL REMAINS. THERE. COVER. BUT IT'S NOT SHUT. AND JUST A SIDE SHOT IN THE FRONT YARD SHOWING SOME OF THE JUNK THAT REMAINS. MARCH 3RD. COPY OF THE NOTICE WAS POSTED AT THE PROPERTY. AS YOU CAN SEE, THE FRONT YARD DOES LOOK BETTER BUT STILL REMAINS IN VIOLATION. MARCH 4TH WE INSPECTED IT. FINAL INSPECTION FOR THIS HEARING WAS TAKEN FROM THE FRONT. PROPERTY STILL REMAINS IN VIOLATION, ALTHOUGH A LOT OF THE OVERGROWTH HAS BEEN ADDRESSED IN THE FRONT. NO PERMITS HAVE BEEN OBTAINED TO DATE AS FAR AS DEMO OR REPAIR. THE STRUCTURE IN THE REAR. THE CASE IS SET FOR A COMPLIANCE HEARING ON APRIL 16TH, 2026 AT 1 P.M. AND AGAIN, THE PROPERTY OWNER IS HERE TO SPEAK ON HIS BEHALF AND TVE AT THIS POINT. S. PETTIS. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS, PLEASE, SIR. GOOD MORNING, SIR. STEPHEN PETTIS, 5216 SUN WOOD ROAD, PANAMA CITY. OKAY. WHAT DO YOU WANT US TO KNOW, SIR? IT'S KIND OF FUNNY THAT I'M IN THIS SITUATION. MR. HUBBARD AND I TALKED A COUPLE OF TIMES, YOU KNOW, FOR THE LAST SEVEN YEARS, THAT'S WHAT I'VE BEEN IN BUSINESS DOING, IS CLEANING UP AND MITIGATING A LOT OF THESE PROPERTIES. I'VE BEEN IN THE WASTE INDUSTRY IN BAY COUNTY FOR 30 YEARS. SO YOU CAN SEE MY GRAPPLE TRUCK THERE. I ACTUALLY HAVE TWO OF THEM THERE IN THE YARD. I WAS IN BUSINESS DOING THAT UNTIL THAT BUSINESS DIED, AND I'VE HAD TO GO DO SOMETHING ELSE. BUT AS FAR AS THE PANEL, I'LL ADDRESS THAT FIRST WITH THE MY EXCAVATOR, I ACTUALLY HAD KNOCKED OFF THE METER AND HAD TO HAVE THE PANEL COMPLETELY REPLACED. SO THAT'S BEEN ADDRESSED. THAT WAS A MISTAKE. ALSO, THAT CORNER OF THE SHED THAT HE'S TALKING ABOUT WAS THERE WAS NEVER A TREE HIT THAT SHED. I DON'T KNOW WHERE THAT INFORMATION CAME FROM. SAW A TREE LAYING ON IT. THERE'S NO TREE LAYING ON IT. THERE WAS I NEVER HAD A TREE LAYING ON IT. I'M NOT GOING TO ARGUE WITH YOU ABOUT IT. YEAH. I'M NOT, I'M NOT, I'M NOT. CERTAINLY NOT HERE TO ARGUE. THERE IS ONLY ONE VEHICLE THERE THAT. IS NOT TAGGED AND INSURED. MR. HUBBARD AND I TALKED ABOUT THAT THE DAY HE CAME OUT. THE THE WHITE AVALANCHE THAT SEEMS TO BE IN DID GET AN ENGINE SWAP, BUT IT HAS BEEN. YEAH. THAT CORNER THERE WAS A. OKAY, LOOK AT THAT PHOTOGRAPH. NUMBER 22 DOWN IN THE LOWER CORNER. THAT'S IT. AND THERE IS A TREE. OKAY.

LAYING ACROSS THE TOP OF IT I APOLOGIZE, I DIDN'T I WASN'T AWARE THAT THAT WAS EVER THERE, BUT THAT DIDN'T DO ANY. THE THE ONLY DAMAGE WAS FROM WHERE I HIT IT WITH MY EXCAVATOR ON THAT CORNER. THAT'S WHERE THAT THAT ROOFING WAS PEELED BACK. YEAH. THERE'S THE TREE. YEAH.

YEAH. I, I'M SORRY I DIDN'T WE'RE NOT YOU KNOW. YEAH. THE ONLY VEHICLE THERE IS THE THAT IS NOT TAGGED AND INSURED AND OPERATIONAL IS THE, THAT YOU CAN CLEARLY SEE, YOU KNOW, HAS AN ISSUE AND WE'RE, WE'RE WORKING ON GETTING THAT MOVED OUT ANYWAY, EVERYTHING ELSE IS

[01:35:02]

SO, YOU KNOW. RETALIATORY IS IS SORT OF A SUBJECTIVE ISSUE. BUT THE BOTTOM LINE IS IT'S GOT TO BE CLEANED UP. YES, SIR. THE DOES THE GRAPPLE TRUCK STILL WORK? YES, SIR. WELL, YOU GOT THE MEANS TO DO IT, THEN. YES, SIR. SO I DO WANT TO ASK. I KNOW IT SAID THAT THE RETURN DATE IS. IS APRIL 16TH. THE BAY COUNTY WASTE AMNESTY DAYS ARE THE 17TH AND 18TH. CAN CAN I HAVE A LITTLE BIT MORE TIME TO GET EVERYTHING DONE? I'LL GET THE PERMIT FOR THE SHED.

EVERYTHING. BUT I JUST WANT THE TIME BECAUSE OBVIOUSLY TO TO HAUL ALL THAT OFF WOULD WOULD BE QUITE EXPENSIVE. AND IF I CAN WORK THAT INTO THE, THE WASTE AMNESTY, IT WOULD BE. ARE YOU, ARE YOU, IS THAT FOR TIPPING FEES. YES SIR. ARE THEY GOING TO SINCE YOU'VE GOT A COMMERCIAL VEHICLE, ARE THEY GOING TO ALLOW YOU. WELL I CAN, I HAVE TRAILERS AND STUFF AS WELL. I CAN, I CAN. YOU KNOW, JUST LOAD IT ON MY TRAILER WITH, WITH THE GRAPPLE TRUCK AND, AND, AND ALL. BUT I HAVE CONTACTED SOLID WASTE COREY AT SOLID WASTE AND TALKED TO HIM ABOUT IT AS WELL. AND HE'S, HE'S CHECKING ON TO SEE IF, IF MAYBE I CAN DO SOME WITH THE WITH THE GRAPPLE TRUCK. WELL. WE'RE STILL GOING TO MEET BACK HERE ON THE 16TH BECAUSE, YOU KNOW, I WANT TO SEE SOME EVIDENCE OF PROGRESS. YES SIR. I MEAN OBVIOUSLY CAN I SHOW YOU THIS VIDEO OF THE FRONT YARD, THE OTHER THE PHOTOGRAPHS WE'VE SEEN OF EVIDENCE THAT YOU HAVE BEEN THAT TO ME, EVIDENCE IS THAT YOU'VE BEEN TRYING TO CLEAN UP THE FRONT YARD. THE PROBLEM IS THAT BACKYARD IS A DISASTER. YES, SIR. YOU'VE GOT THAT HOUSE BACK OR THAT OUTBUILDING BACK THERE THAT'S IN ROUGH SHAPE. SO. YES, SIR. THAT SORT OF STUFF IN THERE.

LIKE I SAID, THE NEIGHBORS DON'T DESERVE TO LIVE NEXT DOOR TO THAT AND THAT. YEAH, ALL THAT AND STUFF LIKE THAT. THAT'S ALL BEEN DEALT WITH ALREADY RIGHT THERE. RIGHT.

WELL, YOU'RE GOING TO GET TO SHOW IT TO ME ON THE 16TH OR SOMEBODY'S GOING TO SHOW IT TO ME ON THE 16TH. BUT YOU KNOW, IF YOU CAN GET YOUR TRAILERS LINED UP AND PUT IT IN THOSE TRAILERS AND GET READY TO HAUL IT OFF ON, ON AMNESTY DAY, THEN THEN WE'LL BE, WE'LL BE DOING WELL. BUT. I WANT TO SEE SOME PROGRESS ON THAT DAY. YES, SIR. SO. I'M GOING TO FIND THAT THE PROPERTY, LOCATED AT 5216 SUN WOOD ROAD, IS IN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17, THERE IS A VIOLATION OF 17 TWO IN THE FORM OF JUNK TRASH OVERGROWTH, UNSCREENED OR UNUSED PERSONAL PROPERTY,

[01:40:05]

ARE. THE REPAIRS HAVE GOT TO BE MADE IN ACCORD WITH THE ACTION PLAN AND THE STRUCTURAL REPORT, AND ALL BUILDING PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED AND FINALIZED IN ORDER FOR THE REPAIRS TO BE DEEMED COMPLETE. IF AT ANY TIME YOU ALLOW THE PERMITS UNDER THIS ORDER TO EXPIRE OR HAVE THEM BECOME VOID FOR ANY REASON, IT SHALL BE DEEMED A DEFAULT AND A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IT'S YOUR RESPONSIBILITY TO KEEP CODE ENFORCEMENT NOTIFIED OF PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE.

IF YOU FAIL TO COMPLY WITH THE ABOVE ACTIONS WITHIN 30 DAYS, I'M GOING TO REDUCE THAT FINE TO $250. WILL BE IMPOSED. A FIVE 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 RESPONDENT OBTAINS A DEMO OR BUILDING PERMIT, AND THEN YOU ALLOW IT TO EXPIRE, OR HAVE IT BECOME VOID FOR ANY REASON. AND AGAIN, THAT WILL BE DEEMED A DEFAULT AND A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IF YOU CLEAN UP THE. WHAT I'M GOING TO CALL THE SMALL DEBRIS AND THE OVERGROWTH AND ALL OF THAT SORT OF STUFF, AND THEN YOU GET A DEMO PERMIT FOR THAT OUTBUILDING THAT'S GOING TO GIVE YOU A LITTLE BREATHING ROOM. SO YOU NEED TO CONSIDER THAT AS AN OPTION FOR YOURSELF. YES, SIR. BUT LIKE I SAID, I WANT TO SEE SOME REAL PROGRESS. BY APRIL THE 16TH, WE'LL HAVE A COMPLIANCE HEARING ON APRIL THE 16TH AT 1:00 HERE IN THIS ROOM. THANK YOU SIR. OKAY. THANK YOU.

READY, FREDDY? OH, I'M SORRY, I DIDN'T KNOW THAT YOU WERE WAITING FOR ME.

I'M TAKING OVER FOR JUST A SECOND, SIR. NO, YOU'RE YOU'RE FINE. YOU'RE IN CHARGE, NOT ME.

GOOD AFTERNOON, INSPECTOR THORPE. I'M HELP PRESENT THIS 600 LIVE OAK LANE. OKAY. SEE 2024 2871. FOR PERSPECTIVE, THIS IS OFF OF THOMAS DRIVE, SLIGHTLY SOUTH WEST OF THE NAVY BASE, BACK IN THE WHAT WE CALL THE OAKS NEIGHBORHOOD, BACK THERE BEHIND PETRONAS ELEMENTARY, THERE IS A OVERVIEW OF A DOUBLE WIDE MOBILE HOME. AND ON SEPTEMBER 9TH, MR. BRUNI, INSPECTOR. INVESTIGATOR. BRUNI STARTS. CASE. TONY BROWN, BAY COUNTY CODE. ENFORCEMENT. ON SEPTEMBER THE 9TH, 2024. I OBSERVED THIS PROPERTY WHILE PATROLLING THE UNINCORPORATED AREA OF BAY COUNTY, KNOWN AS PANAMA CITY BEACH. UPON INSPECTION, THE PROPERTY. I

[01:45:03]

WHAT IS THAT WITH THE BACK UP? 110 A WHAT? WHAT'S THE METAL METAL THING? I MEAN, I BELIEVE IT WAS A TABLE PROBABLY, RIGHT? YEAH, PROBABLY SOME KIND OF PICNIC TABLE. AS IT SITS. UNFIT, UNSAFE. IT'S UNOCCUPIED. AND THEY ARE HERE TODAY. ON SEPTEMBER 18TH 2024, NOTICE VIOLATION WAS SENT CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD USING THE ADDRESS 308 IOWA AVENUE, LYNN HAVEN, FLORIDA 32444. THE CERTIFIED NOTICE RETURNED. THE REGULAR MAIL DID NOT RETURN ON OCTOBER THE 2ND, 2024. THE PROPERTY OWNER, LARRY KERSEY, CAME TO BAY COUNTY CODE ENFORCEMENT TO ADVISE. HE RECEIVED THE NOTICE OF VIOLATION. HE ALSO ADVISED HE WOULD GET SEVERAL QUOTES FROM DEMOLITION CONTRACTORS ON COMPLETING THE DEMOLITION.

OCTOBER 16TH, 2024 MR. KERSEY CAME TO BAY COUNTY CODE ENFORCEMENT TO ADVISE. HE WAS WAITING FOR SMILEYS TO CALL BACK WITH A QUOTE FOR THE DEMOLITION AND WOULD HAVE THE OVERGROWTH CUT SOON. JANUARY THE 6TH, 2025 A DEMOLITION PERMIT WAS ISSUED WITH AN EXPIRATION DATE OF JULY THE 6TH, 2025. ON APRIL 7TH, 2025, I INSPECTED THE PROPERTY. IT REMAINED IN VIOLATION. THERE'S NO CHANGES. ON JULY 3RD, 2025, MR. KERSEY REQUESTED A 90 DAY EXTENSION ON THE DEMOLITION PERMIT. THE EXTENSION WAS GRANTED WITH A NEW EXPIRATION DATE OF OCTOBER 4TH, 2025. ON SEPTEMBER THE 25TH, 2025, MR. KERSEY REQUESTED ANOTHER 90 DAY EXTENSION ON THE DEMOLITION PERMIT DUE TO HIM HAVING SURGERY. THE EXTENSION WAS GRANTED WITH A NEW EXPIRATION DATE OF JANUARY THE 2ND, 2026. ON SEPTEMBER THE 29TH 2025, I REINSPECTED THE PROPERTY AND IT REMAINED IN VIOLATION. NO CHANGES. OVERGROWTH, JUNK AND THE UNFIT UNSAFE. MOBILE HOME. YES, SIR. OFFER YOUR SIDE OF IT. YES, SIR. I'M NOT FINISHED. OH, I'M SORRY, I THOUGHT YOU WERE FINISHED. NO, NO, NO, YOU BETTER NOT SLOW DOWN OR PAUSE.

HOLD ON A SECOND. HE'S TIRED OF HEARING THIS. OKAY. DECEMBER 19TH, 2025. MR. CHRISTIE REQUESTED ANOTHER EXTENSION ON THE DEMOLITION PERMIT. THE REQUEST WAS GRANTED WITH A 45

[01:50:04]

UNFIT. UNSAFE. MOBILE. HOME. ON FEBRUARY 2ND, 2026, MR. KERSEY REQUESTED ANOTHER EXTENSION ON THE DEMOLITION PERMIT. I CONTACTED PERMIT DIVISION AND ADVISED THEM TO GRANT ANOTHER EXTENSION WITH THE EXPIRATION DATE OF MARCH 11TH, 2026. UPON FURTHER REVIEW, THIS EXTENSION WAS NEVER GRANTED. ON FEBRUARY 3RD, 2026, NOTED VIOLATION NOTICE OF HEARING WAS SENT CERTIFIED MAIL TO THE OWNER OF RECORD USING THE ADDRESS 308 IOWA AVENUE, LYNN HAVEN, FLORIDA 32444. THE NOTICE WAS DELIVERED TO THE RESPONDENT ON FEBRUARY 5TH, 2026. THERE'S NO ENCUMBRANCES TO NOTIFY. ON FEBRUARY 23RD, THE PROPERTY WAS POSTED ON FEBRUARY 24TH, 2026.

CHECK THE PROPERTY APPRAISER AND THE TAXES ARE PAID IN FULL. FEBRUARY 25TH, 2026. A COPY OF THE NOTICE WAS POSTED AT BAY COUNTY GOVERNMENT CENTER ON MARCH THE 2ND, 2026. MR. KERSEY CALLED TO ADVISE. HE NOW HAS THE MONEY FOR THE DEMOLITION AND HE'S HERE TODAY. OF COURSE.

ON MARCH 9TH, 2026. SO WE INSPECTED THE PROPERTY AND IT REMAINS IN VIOLATION. THERE HAVE BEEN NO CHANGES IN THIS CASE. IS SCHEDULED FOR COMPLIANCE HEARING ON APRIL 16TH, 2026 AT 1 P.M. NOW COME ON UP. OKAY. I'LL SEE YOU. OVER. NOW. I APOLOGIZE. OKAY. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. LARRY KERSEY, 308 AVENUE, LYNN HAVEN, FLORIDA.

OKAY. THANK YOU. IT'S MY DAUGHTER, LESLIE. YES, SIR. WE HAD. I HAD BOUGHT IT, PURCHASED A DEMOLITION PERMIT. TO HAVE THE WHOLE THING DONE. I WANT TO TAKE IT DOWN. THE MOBILE HOME, THE DRIVEWAY, THE GARAGE. EVERYTHING'S GONE. I HAVE THE MONEY FOR IT. I'VE HAD SOME HEALTH ISSUES. I HAD TWO SURGERIES, ONE IN JANUARY AND ONE IN OCTOBER. I'M BEGGING FOR IT. IF YOU'LL SELL ME ANOTHER DEMO PERMIT, I GUESS IS WHAT I'M ASKING FOR. I DON'T HAVE ANYTHING TO DISPUTE OTHER THAN YOU CAN'T SEE IN THAT PICTURE COMPARED TO SOME OF THE OTHERS THAT YOU CAN GET TO THE GARAGE. BECAUSE I'VE REMOVED SOME STUFF OUT OF THE GARAGE AND I MADE ARRANGEMENTS TO GET RID OF THAT TRUCK. LIKE I SAID, I DO HAVE THE MONEY TO PAY MARK OVER AT.

GORAN CORUM CONSTRUCTION I WAS GIVEN SEVERAL DIFFERENT NAMES TO GO WITH OTHER THAN JUST SMILEY, AND I'VE GOT THEM SET UP. I HAVE IT SIGNED A CONTRACT WITH THEM, BUT OKAY, WELL, WHAT I'M GOING TO DO IS YOU'VE HAD THREE EXTENSIONS AND YOU KNOW, LIKE THE THE OLD SAYING GOES, THREE STRIKES AND YOU'RE OUT. SO THE. COMPLIANCE HEARING IS SET FOR APRIL THE 16TH AT 1:00.

TODAY IS THE 12TH OF MARCH. SO CAN HE GET A PERMIT WITHIN FOUR DAYS IF Y'ALL UNLOCK IT, SO TO SPEAK, WITHIN 24 HOURS. OKAY. YEAH. YOU'VE GOT TO HAVE A DEMO PERMIT BASICALLY. BY MARCH THE 16TH. AND NOT ONLY WHAT'S THAT, THAT MIGHT BE SATURDAY, I DON'T KNOW, BUT MONDAY IS THE 16TH.

OKAY. ALL RIGHT. YOU'VE GOT TO HAVE YOU'VE GOT TO HAVE A, A DEMO PERMIT BY THE 16TH. I CAN GIVE YOU THAT MARCH. OKAY. GET YOUR PERMIT AND THEN THEY CAN TEAR IT DOWN. YOU KNOW, IF, IF THE PERMITS IN PLACE, THEN, YOU KNOW, ON APRIL THE 16TH, YOU KNOW, HOPEFULLY WHOEVER YOU HIRE IS GOING TO HAVE IT TORN DOWN BY APRIL THE 16TH, BUT THEY'RE GOING TO WHAT I'M

[01:55:04]

BUT IF YOU DON'T GET IT, IT'S GOING TO BE SHUT DOWN AGAIN. AND WE'RE GOING TO HAVE A NONCOMPLIANCE HEARING ON APRIL THE 16TH. SO DON'T LET THE GRASS GROW UNDER YOUR FEET. I MEAN, IT'S IT'S. FISH OR CUT BAIT. SO. THEY'LL MAKE ARRANGEMENTS TO, TO ALLOW YOU TO APPLY FOR THAT PERMIT AND EVERYTHING, BUT GET IT. AND WHOEVER'S GOING TO DO THE JOB NEEDS TO GET ON THE STICK AND TEAR IT DOWN. THANK YOU. ALL RIGHT. WE'LL HAVE A COMPLIANCE HEARING ON APRIL THE 16TH. G. IS THAT RIGHT? YES, SIR. WE'LL MOVE. BRINGS US TO ITEM G3120 EAST 13TH COURT, PANAMA CITY, FLORIDA ON JUNE 25TH, 2025. INVESTIGATOR ROBERT CLARKSON OBSERVES THIS PROPERTY WHILE PATROLLING THE UNINCORPORATED AREA OF BAY COUNTY, COMMONLY KNOWN AS CEDAR GROVE. I WILL LET INVESTIGATOR CLARKSON EXPLAIN ALL OF HIS PHOTOS BEGINNING WITH SLIDE NUMBER TWO. GOOD MORNING, MADAM CHAIR. ROBERT CLARKSON, BAY COUNTY CODE ENFORCEMENT. I'VE SUBMITTED MY EXHIBITS AND REPORT FOR THIS CASE. SLIDE TWO IS AN OVERVIEW OF THE AREA. THAT'S CEDAR GROVE ELEMENTARY. THEY'RE OFF OF EVERETT AVENUE AND THIS RUNS EAST OFF OF EVERETT CUL DE SAC OF MOBILE HOMES THERE. HE'S ONE OF THE LAST FIRST MOBILE HOME IN THE CUL DE SAC. THIS IS AERIAL VIEW. HALF OF THE PROPERTY IS IN A FLOODPLAIN. SLIDE THREE. SO ON JUNE 25TH I WAS PATROLLING IN THE AREA. THEIR 13TH COURT. IF.

SLIDE NUMBER FIVE. I OBSERVED THIS MOBILE HOMES LOCATED AT 1320 EAST 13TH COURT IMMEDIATELY OBSERVED OBVIOUSLY THE TARP THERE OVER THE ENTRANCEWAY. SLIDE FIVE OVERGROWTH. THERE ARE SOME JUNK AND DEBRIS ON THE SIDE HERE ON SLIDE SIX. THERE IS A ADDITION.

AS YOU CAN SEE THAT WAS ADDED TO THE BACK OF THIS MOBILE HOME. SLIDE SEVEN. THIS IS JUST CLOSE UP. SO IT'S OFF OF FASCIA KIND OF FALLING OFF, POSSIBLY ROTTING BEHIND THERE. JUST SIDE VIEW. SLIDE NINE. YOU CAN SEE SOME MORE DEBRIS IN THE BACK, TWO DIFFERENT LIKE PANELING ON THE FRONT AND SIDING ON THE SIDE. I WASN'T REALLY SURE WHAT EXACTLY GOING ON. THE SLIDING GLASS DOOR ON THE SIDE OF THE HOUSE MADE ME THINK MAYBE IT'S SOME MODIFICATIONS. OBVIOUSLY BEEN DONE WITH THE ADDITION. AT THAT POINT I BELIEVED IT TO BE UNFIT, UNSAFE, AND REQUESTED A BUILDING INSPECTOR FROM SCOTT THORPE AND WAS IN VIOLATION OF JUNK AND DEBRIS. OKAY. BORN AGAIN MAGISTRATE INSPECTOR THORPE, DOUBLE WIDE MOBILE HOME WAS INSPECTED ON THIS PROPERTY ON JUNE 26TH. YOU CAN SEE HERE TARP INTO THE ROOF. IT'S BEEN ON THERE FOR SOME TIME. SOME DAMAGE TO ASPHALT SHINGLES, FRONT PORCH, PORCH ADDED. LET ME GO THROUGH HERE REAL QUICK.

IS IT TIED TO THE. WE'RE GOING TO GET THERE. OKAY. WE GOT A LOT. THERE'S BEEN VINYL AND HARDIE BOARD SIDING APPLIED TO EXTERIOR WALLS WITHOUT PERMIT. I BELIEVE THESE MOBILE HOMES, MOST OF THEM CAME WITH LIKE A LIGHTWEIGHT T 111 OR VINYL SIDING. HARDY BOARD WILL BE CHANGING THE ASPECTS OF IT. I BELIEVE THE WINDOWS HAVE BEEN CHANGED AS WELL ON THE FRONT.

ANYWAY, AS WE GO FORWARD WE GOT SOME SOFT FASCIA DAMAGE. THE DECK IS OVER 30IN, WHICH REQUIRED BY FBC TO HAVE HANDRAILS ON IT. IT DOES NOT. OKAY. NEXT SLIDE PLEASE. AND THERE'S A CLOSER LOOK OF JUST DISLODGE DRIP RAIL FASCIA SOFFIT AREAS, WHICH IF NOT CORRECTED, WILL CAUSE DAMAGE IN THE LONG RUN TO THE UNDERLYING STRUCTURAL OF THE MOBILE HOME.

NEXT PHOTO CLOSER LOOK SOME GOOD DEFLECTION INTO THE ROOF. GOT SOME SIDING OR SOME TARPING

[02:00:06]

OVERHANG, EXCESSIVE OVERHANG OF ROOFING MATERIAL ACROSS THE TOP, LEADING UPLIFTING WINDS. SO ALONG THE BACK OF THE MOBILE HOME, THERE'S SOME THERE'S SOME INSULATION THAT'S FALLEN DOWN.

HOWEVER, HARDIE BOARD WAS APPLIED AGAIN ON THE REAR, WHICH IS HEAVIER THAN THE ORIGINAL MATERIALS, WHICH WOULD HAVE TO BE A DEVIATION FROM THE ORIGINAL MOBILE HOME. AND THEN NO STAIRCASE, NO ON FOR THE EGRESS, FOR THE SLIDING GLASS DOOR. AND JUST SOME JUNK AND TRASH NOTED IN THE BACK. SHINGLES STACKED UP AIR CONDITIONING UNITS HAS THIS STRUCTURE. IMMEDIATELY TO THE RIGHT. IS THAT PART THAT THE MOBILE HOME ITSELF, OR IS THAT SOMETHING ELSE? THAT'S THE MOBILE HOME, THE ADDITION TO THE MOBILE HOME. AND THEN IT KIND OF LOOKS OVER TO THE NEIGHBOR'S PROPERTY THERE. I WAS JUST TRYING TO GET THE JUNK.

SOMETIMES THESE GUYS, WHEN I DO THE INSPECTION, DON'T SEE THE ADDITIONAL JUNK AND MATERIAL LAYING AROUND. AND THAT'S ALL I HAVE. SO UNPERMITTED ADDITIONS TO THIS UNFIT, UNSAFE ROOF AS IT SITS. IT WAS OCCUPIED. POWER AND WATER. NOBODY DID ANSWER THE DOOR. WE TRIED SEVERAL TIMES. WHEN INSPECTION REPORT THERE I WAS WITH HIM. WHEN HE DID THE INSPECTION. I LEFT A BUSINESS CARD IN THE FRONT DOOR ON JULY 1ST. I DID RECEIVE A PHONE CALL FROM A GENTLEMAN IDENTIFIED HIMSELF AS GALEN KELLY, WHO WAS THE OWNER OF THE PROPERTY. HE SAW MY BUSINESS CARD AND CALLED. I DISCUSSED WITH HIM THE PURPOSE OF OUR VISIT AND WHAT INVESTOR. THORPE HAD DETERMINED THE STRUCTURE. HE DID INDICATE THAT HE BOUGHT THE STRUCTURE AS IS, MEANING THE ADDITION AND THE WAY THE MOBILE HOME WAS WAS ALREADY DONE. HE DID INDICATE THAT HE LIVES NEXT DOOR. IT DID RECEIVE SOME HURRICANE DAMAGE LIKE A TREE ON ON THE THE ADDITION. HE BELIEVES THE OCCUPANTS AT THE TIME WERE DOING REPAIRS INSIDE WHEN HE BOUGHT IT. HE DID HAVE RENTERS THAT WERE STAYING IN THERE THAT WERE SUPPOSEDLY GOING TO. REPAIR THE, THE, THE STRUCTURE AS WELL. AFTER I SPOKE WITH HIM AND BASED ON INVESTIGATOR THORP'S FINDINGS, I DID A NOTICE OF VIOLATION SENT CERTIFIED IN REGULAR MAIL TO THE PROPERTY OWNER. THE CERTIFIED NOTICE WAS RECEIVED BY THE RESPONDENT ON JULY THE 15TH. THE REGULAR NOTICE HAS NOT BEEN RETURNED TO OUR OFFICE JULY 7TH. I ALSO RECEIVED A PHONE CALL FROM THE PROPERTY OWNER'S WIFE, PAMELA GALEN, STATING THEY HAD RECEIVED THE NOTICE OF VIOLATION AND AGAIN, I DISCUSSED THE VIOLATIONS WITH HER AND THE STEPS NEEDED TO CORRECT THE PROBLEM. JULY 13TH, THE PROPERTY OWNER, MR. KELLY KELLY, DID APPLY FOR A RENOVATIONS PERMIT WITH THE BUILDING DEPARTMENT. HE WAS GIVEN A LIST OF THINGS THAT HE NEEDED TO PROVIDE BY THE STRUCTURAL ENGINEER, PRODUCT SPECIFICATIONS AND SITE PLAN AND AND AND REGULAR PLANS. HE DID NOT PROVIDE THOSE. SO THEREFORE THE APPLICATION WAS ABANDONED BETWEEN JULY 9TH HERE ON SLIDE 25. WE INSPECTED THE PROPERTY. IT REMAINED IN VIOLATION. NO CHANGES. AND I CAN SAY BETWEEN THEN AND JULY THE 30TH, 2026, THERE WERE NO CHANGES TO THE PROPERTY JUST MAINTAINED TILL JANUARY 20TH, 21ST JANUARY 2026. THESE ARE BACK IN JULY. SEE? OBVIOUSLY NO

[02:05:03]

OCTOBER 6TH PROPERTIES WERE INSPECTED. NO VISIBLE CHANGES TO THE PROPERTY. NOVEMBER 10TH PROPERTY INSPECTED. NO VISIBLE CHANGES TO THE PROPERTY. SAME THING ON DECEMBER THE 15TH.

REINSPECTED NO NOTED CHANGES TO THE PROPERTY. THERE WERE SOME SURVEY STICKS, BUT THERE WAS SOME WORK GOING ON BY GROUND CREWS IN THERE DURING THAT TIME. JANUARY 20TH. PROPERTIES REINSPECTED. NO NOTABLE CHANGES. THERE WAS, I THINK, SOME PAINTING DONE. I THINK THERE WAS A BLUE DOOR AND HAS BEEN PAINTED TO THE WHITE BLUE. SO BASED ON THIS, I SCHEDULED THIS FOR A HEARING. NOTICE OF HEARING INVOLVED NOTICE OF VIOLATION. HEARING WAS SENT NOW CERTIFIED IN REGULAR MAIL TO THE PROPERTY OWNER. THE CERTIFIED MAIL WAS DELIVERED TO RESPOND ON JANUARY 23RD. THE REGULAR MAIL NOTICE HAS NOT BEEN RETURNED TO OUR OFFICE.

FEBRUARY 23RD. THE PROPERTY IS REINSPECTED AND REMAINED IN VIOLATION. NOW YOU CAN SEE THERE'S SOME SUPPLIES THERE AT THE FRONT. I THINK THERE WAS A LETTER CONVERSATION WITH MR. KELLY AND THESE ITEMS THAT HE WAS TAKING TO THE STREET FOR SCRAPPERS TO TAKE OFF, NOT NECESSARILY FROM ANY CONSTRUCTION ON THE PROPERTY. JANUARY 25TH. COPY WAS POSTED ON THE BAY COUNTY GOVERNMENT'S WEBSITE. ON MARCH THE 2ND COPY WAS POSTED ON THE PROPERTY HERE IN SLIDE 60, MARCH 2ND. ALSO AGAIN SPOKE TO MR. KELLY AND HE ADVISED THAT HE IS IN THE PROCESS OF HIRING A STRUCTURAL ENGINEER AND WAITING FOR THEM TO COME OUT TO THE PROPERTY.

AND HE IS ALSO WORKING ON CLEANING UP THE PROPERTY. MARCH 4TH, THE PROPERTY TAX AND ARE PAID IN FULL. THE PROPERTY APPRAISER HAS NOT CHANGED IN OWNERSHIP. MARCH 5TH, MR. KELLY CALLED AND SAYS THAT THE INSPECTOR CAME OUT TODAY WITH THE. AN ENGINEER CAME OUT TODAY TO DO A SITE INSPECTION AND HE WAS WANTING TO ISSUE GET SOME SORT OF PERMIT AT THAT TIME.

TOLD HIM, I SAID, YOU KNOW, LET'S WAIT TILL WE GO TO THE HEARING JUST SO WE'RE ALL ON THE SAME PAGE ON THE STEPS THAT HE NEEDS TO TAKE TO MOVE FORWARD TO CORRECT THE PROBLEM.

MARCH 9TH PROPERTY IS REINSPECTED MAIN VIOLATION. THERE HAVE BEEN NO PERMITS OBTAINED OR ISSUED AT THIS POINT, AND A COMPLIANCE HEARING IS SCHEDULED ON APRIL 16TH, 2026, 1 P.M. AT THIS LOCATION AND I HAVE NO FURTHER TESTIMONY. MR. KELLY IS HERE TODAY. MR. KELLY, YOU WANT TO COME FORWARD AND TELL US WHAT DO YOU WANT US TO KNOW? YES, SIR. GOOD MORNING.

MY NAME IS GALEN KELLY, AND I LIVE AT 3114 EAST 13TH COURT, WHICH WOULD BE THE TRAILER RIGHT NEXT DOOR TO IT. OKAY. RIGHT AFTER THE STORM, WE ACQUIRED THIS PROPERTY AND IT DID HAVE THE THE PREVIOUS WELL, ACTUALLY TWO PREVIOUS OWNERS BEFORE THAT HAD THAT ADDITION ON THE BACK. AND WE BOUGHT IT FROM THE NEXT OWNER OF IT. AND THEN LIKE EVERYTHING HAPPENED SO QUICKLY RIGHT AFTER THE STORM THAT WE HAD SOME CONSTRUCTION WORKERS COME AND WE DIDN'T, IT ACTUALLY WASN'T A RENTAL PROPERTY. WE DIDN'T RENT IT. WE JUST TOLD THEM, YOU KNOW, IF YOU KNOW, IF YOU CAN FIX WHAT NEEDS TO BE FIXED, THAT'LL BE YOUR RENT. THEY JUST HAD TO PAY THE UTILITIES. EVERYTHING HAPPENED SO QUICKLY AT THE BEGINNING. AND I'LL BE HONEST WITH YOU, I DON'T KNOW IF IT WAS DURING THAT TIME WHERE THERE WEREN'T PERMITS AVAILABLE BECAUSE THEY WERE THERE WAS NOWHERE TO GO TO GET A PERMIT AT THE TIME. NOW, THE DECK, ON THE OTHER HAND, THAT WAS BUILT AFTER THE FACT, BUT THE GUYS THAT WE HAD STAYING THERE THAT WERE DOING THE WORK, ONCE THE HURRICANE CAME UP IN NEW ORLEANS, THEY HAD TO GET UP AND GO. SO THEY KIND OF LEFT US WITH A HALF. BUT HOUSE. SO WHEN. AND THIS IS ONLY ASSUMPTION THAT WHEN FPL STARTED TO DO THE UNDERGROUND ELECTRIC LINES OVER THERE, THEY HAD ASKED, COULD THEY USE THAT PROPERTY TO PUT THE BOX ON? AND I DIDN'T KNOW IF BECAUSE THE HOUSE HAD BEEN

[02:10:04]

BEFORE WE OWNED IT, THEY HAD LIKE THE THING YOU COULD UNWIND AND IT CAME OUT AND IT WAS LIKE A, IT WAS LIKE A, A CANOPY. THERE YOU GO. THAT'S THE RIGHT WORD. AND IT, WHAT IT DID WAS IT WARPED A PIECE OF THE WOOD UP THERE. SO THAT'S WHY THERE'S SUCH AN ISSUE WITH THE WITH THE, THE FASCIA UP FRONT. AND AT FIRST WE THOUGHT WE COULD FIX THE PROBLEM. BUT NOW THAT WE'VE HAD THE STRUCTURAL ENGINEER COME OUT, WE KNOW WE HAVE TO HAVE A LICENSED PROFESSIONAL TO DO THE. THE ROOFING. ANYTHING DEALING WITH THE ROOFING. WE KNOW THAT ANYTHING DEALING WITH ELECTRICITY AND ANYTHING DEALING WITH THE PLUMBING. AND THERE'S NO PLUMBING PROBLEMS. I MADE THE MISTAKE OF THERE'S NO ELECTRICAL PROBLEMS WITH IT. IT'S JUST I NEED TO PUT THE PLATES ON THE THE PLUG HOLES IN THERE. AND I THINK HE THOUGHT I MEANT WE HAD TO PUT THE ACTUAL PLUG HOLES IN THERE. THE PLUG HOLES ARE IN THERE, BUT HERE THESE ARE THE BEST TWO OF, OF THE, THE COPIES THAT I HAVE FROM THE STRUCTURAL ENGINEER. THESE ONES HERE ARE IN BLACK AND WHITE. THIS IS COPY. IT IS, IT IS. AND AND THEN IF ANYBODY ELSE NEEDS ONE, I'VE GOT TWO MORE HERE. I, I MEAN, I, I DON'T KNOW IF YOU WANT ME TO READ IT OUT LOUD FOR YOU OR WHATNOT. I THINK THE BUILDING INSPECTOR AND OKAY. FOR CLARITY, WHAT DREW THE ATTENTION WAS THE TARPS ON THE ROOF. OKAY, OKAY. AND THE TARP WAS ACTUALLY A PRECAUTIONARY. WHAT WE ENDED UP FINDING OUT WAS THAT THE WATER WAS COMING THROUGH THE DOOR, BUT WE FIXED THAT PROBLEM. AND SO WHEN I WENT AHEAD AND JUST TOOK THE TARP DOWN, BUT IT HAD BEEN UP THERE FOR A WHILE. I MEAN, NO, THERE'S, YOU KNOW, NO DEBATING THAT, BUT IT WAS JUST BEING PRECAUTIONARY. AND SINCE I HADN'T HEARD FROM ANYBODY IN SO MANY YEARS, I DIDN'T THINK IT WAS A PROBLEM. SO WHEN I FOUND OUT IT WAS A PROBLEM, THEN WE IMMEDIATELY STARTED TO TAKE CARE AND DO THE THINGS. OF COURSE, WE GOT TO CHANGE THE BLINDS. MY DAUGHTER'S, THEY THEY DID STAY THERE BEFORE THIS AT ALL BECAME AN ISSUE. MY DAUGHTERS WERE STAYING THERE BECAUSE WHAT I DON'T PLAN ON BECOMING A LANDLORD OR ANYTHING LIKE THAT. WE JUST WANTED IT REALLY. I JUST WANTED THE DRIVEWAY BECAUSE I DON'T HAVE A CONCRETE DRIVEWAY, BUT WE WE JUST WANTED TO FIX IT UP FOR MY DAUGHTER SO THAT IF THEY EVER NEEDED TO COME BACK IN TOWN, THEY HAVE A PLACE TO STAY. BUT RIGHT NOW I'M USING IT AS STORAGE. IT'S CLIMATE CONTROLLED STORAGE THAT I WANT

[02:15:03]

OKAY. BECAUSE WHAT. IF THE IF THE IF THE ENGINEER SAYS THAT THE LOAD ON THE MOBILE HOME IS ADEQUATE, THAT THE MOBILE HOME WILL SUSTAIN THE ADDITIONAL WEIGHT OF THE HARDIE BOARD? YES, SIR. AND THAT'S GOING TO AUDIO ENGINEER. OKAY. HE HE DID PUT THAT IN THERE. SO. OKAY. AND LET ME SAY, IN LIGHT OF THE FACT THAT YOU'RE MAKING AN EFFORT AND I UNDERSTAND THAT DEALING WITH ENGINEERS CAN SOMETIMES PROMPT DELAYS AND EVERYTHING ELSE, LET'S JUST.

SCHEDULE THIS ONE FOR APRIL THE 16TH AND SEE WHERE WE ARE, SEE IF HE'S GOT HIS PERMITS AND EVERYTHING LIKE THAT, AND YOU'RE MAKING PROGRESS. AND THAT'S WHAT I LIKE TO SEE. YES, THAT'S THAT'S THE BOTTOM LINE. YES, SIR. SO ARE THESE OUR COPIES? YES, SIR. OKAY, MADAM.

AND IF YOU WANT THE FILE, I THINK. OKAY. YEAH, YEAH. OKAY. COME BACK ON APRIL THE 16TH AT 1:00 AND WE'LL SEE WHERE YOU STAND. OKAY. AND AND CAN I WITH THAT, WILL I STILL IF AFTER THAT POINT, OF COURSE, WE'RE GOING TO HAVE SOME STUFF DONE BY THEN. BUT EVEN IF I NEED AN EXTENSION, IT'S MORE ABOUT FINANCES TOO. BUT I'M HERE TO WORK WITH YOU GUYS. YOU KNOW, LIKE I SAID, PROGRESS IS WHAT I WANT TO SEE. OKAY? YOU KNOW, COME BACK. WE'LL EVALUATE IT ON THE 16TH, OKAY? YES, SIR. JUST GET HIS GET AS MANY OF YOUR DUCKS IN LINE AS YOU POSSIBLY CAN BY THE 16TH. GOTCHA. AND WILL I NEED WILL THEY SEND ME SOMETHING IN THE MAIL? YES, THEY'LL SEND YOU SOMETHING IN THE WAY. ALRIGHT. THAT'S OKAY. AND HE'S HE'LL BE HANDLING THIS CASE FROM THIS POINT FORWARD. OKAY. I'LL BE DONE. OKAY. ALL RIGHT. ANYTHING NEEDS TO GO THROUGH. I APPRECIATE YOU ONE MORE. YES, SIR. OKAY. THIS IS THE NO SHOW. OKAY. IS THIS A CALL IN? LET ME. BEFORE YOU DO THAT, LET ME TAKE A QUICK BREAK. OKAY? YES. RAVI, IS THAT YOUR CASE? YES. I ADDED HIS ADDRESS THAT HE GAVE. TO.

[02:20:27]

OKAY? YOU. OH, I JUST CHANGED IT. OKAY. SO. THAT WE HAVE ALL FOUR OF THOSE. IN ORDER TO AVOID. OKAY, MISS. THE TELEPHONE CALL. YEAH. ALL RIGHT. SO. TOO MUCH COFFEE.

YOUR CALL HAS BEEN FORWARDED TO VOICEMAIL. YES. TELL HER WE'LL CALL HER AT 1:00. HELLO. CAN I PLEASE SPEAK WITH. HELLO? CAN I PLEASE SPEAK WITH JACQUELINE DORVAL? THIS IS SHE. THIS IS JODY WITH THE BAY COUNTY CODE ENFORCEMENT. YOU'RE CURRENTLY IN THE MAGISTRATE HEARING. 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. AND CAN I GET A GOOD MAILING ADDRESS FOR YOU? SURE. 3372 PEACHTREE ROAD, NORTHEAST. UNIT 612. ATLANTA, GEORGIA. 30326. THANK YOU. MA'AM. THE MAGISTRATE AND CODE ENFORCEMENT ARE GOING TO SPEAK NEXT. OKAY, MA'AM. MY NAME IS BILL LEWIS. I'M THE MAGISTRATE THAT'S BEEN ASSIGNED TO THIS PARTICULAR CASE. YES. WHAT WE'RE GOING TO DO IS WE'RE GOING TO HAVE THE HEARING. THE CODE ENFORCEMENT OFFICER WILL TESTIFY AS TO HIS FINDINGS.

YOU'LL BE GIVEN THE CHANCE TO ASK HIM QUESTIONS AND OR PROVIDE TESTIMONY OF YOUR OWN.

AND THEN WE'LL GO FROM THERE. OKAY. ALL RIGHT. THANK YOU. MR. THIS IS ROBERT CLARKSON, BACKEND CODE ENFORCEMENT. CAN YOU HEAR ME OKAY. YES. ALL RIGHT. YOU SHOULD HAVE HAD AN EMAIL WITH THE POWERPOINT PRESENTATION ALONG WITH MY INVESTIGATIVE REPORT. YES. ALL RIGHT. I'M GOING TO BE SHOWING THOSE PHOTOS NOW WILL BE REFLECTING OFF THE REPORT TO GIVE TESTIMONY TO THE MAGISTRATE. OKAY? OKAY. MAGISTRATE, ON MARCH 28TH, 2025, BAY COUNTY CODE ENFORCEMENT RECEIVED A COMPLAINT FROM THE BAY COUNTY SHERIFF'S DEPARTMENT REGARDING WHAT THEY BELIEVE TO BE AN UNFIT, ABANDONED HOME. THEY WERE HAVING TRANSIENT DETAILS OR TRANSIENT PROBLEMS AT THIS HOUSE. THIS PROPERTY IS LOCATED IN THE RIGHT OUTSIDE OF THE CALLAWAY PROPER. THERE OFF OLD BICYCLES PLANTATION ROAD THAT'S INDICATED IN THE RED ON SLIDE TWO. PHYSICAL ADDRESS IS 608 PLANTATION DRIVE. THIS IS AN OVERVIEW OF THE HOME. SO THESE PICTURES WERE TAKEN ON MAY 28TH BY INVESTIGATOR CHRIS HUBBARD. HE WAS ASSIGNED THIS CASE IN THE BEGINNING. SLIDE FIVE. HERE YOU CAN SEE THE FRONT OF THE HOME APPEARS OBVIOUSLY OVERGROWTH VEGETATION EXPOSED SIDING. SIGNIFICANT OVERGROWTH ON THE HOUSE. AGAIN GARAGE DRIVEWAY IS GARAGE DOORS NAILED SHUT WITH A PIECE OF PLYWOOD. OBVIOUSLY THE HOME

[02:25:03]

HERE ON THE SIDE, MORE EXPOSED EXPOSED SIDING ON SLIDE TEN. BASED ON HIS EVALUATION, HE REQUESTED INSPECTION FROM BUILDING'S PARTNER, SCOTT THORPE IS HERE TO TESTIFY.

INSPECTOR THORPE, MISS DORVAL, THIS INSPECTOR THORPE, BUILDING INSPECTOR FOR CODE ENFORCEMENT, WAS INSPECTED THIS PROPERTY AT 608. PLANTATION. I KIND OF GO THROUGH THE PICTURES FOR THE BUILDING INSPECTION AND EXPLAIN EVERYTHING. WOODEN FRAME, SINGLE FAMILY STRUCTURE. MISS INVESTIGATOR CLARKSON INDICATED THE CHIMNEY HAS COLLAPSED. SEVERAL OF THE BRICKS HAVE FALLEN ONTO THE FRONT PORCH AREA. THERE KIND OF MAKES IT A LITTLE BIT OF A HAZARD WALKING AROUND THAT BUILDING, WATER INTRUDING THROUGH THE CHIMNEY AS WELL WITH THAT BEING EXPOSED, NO CAP ON IT. AS WE GO AROUND THE OTHER SIDE, THE GABLE END OF THE HOUSE STUCCOES MISSING, OR IF THERE WAS STONE UP THERE OR WHATEVER, BUT YOU JUST HAVE THE ZIP BOARD, WHICH IS WEATHER BEATEN, TAKING ITS TOLL. BUT IT ALSO BACK UP ONE. ALSO THE GAP BETWEEN THE BOTTOM STUCCO AND THE GABLE THERE IS ALLOWING WATER TO ENTER AND FURTHER DAMAGE THAT WALL. ON THAT END WITH THE ELEMENTS. GOOD. THERE'S A CLOSE UP VIEW. GOT THAT TEN OVER TEN BACKING OVER THAT THE WOOD THERE. BUT AS YOU CAN SEE NEXT TO THE VINES THERE IN SLIDE 15 IT HAS STARTED TO WEAR OFF. AND NOW THE THE WOOD IS STARTING TO KIND OF BUCKLE UP AND. HERE'S A CLOSER VIEW WITH THE WATER PENETRATION IN THE BACK BEHIND THE STUCCO. AND IT'S ACTUALLY LIFTING OFF OF THE EXPANDED METAL BACK THERE. WE GET AROUND ON THE OTHER SIDE. GABLE END, LOOK LIKE THERE'S AN OUTLET LIGHTS THERE. ONE IN THE MIDDLE IS MISSING DAMAGE AROUND THE, THE, THE DOOR THRESHOLD.

MORE BOARDED UP WINDOWS AS WE GO AROUND THE OTHER END OF THE HOME ROTTED THRESHOLD AND DOOR CASING, ALLOWING WATER TO ENTER UNDERNEATH ANOTHER GARAGE DOOR OR USED TO BE A, I THINK IT WAS A GARAGE DOOR BOARDED UP. SO MISSING ON THE FRONT AGAIN IN A LARGE HOLE AT THE TOP OF THAT FRONT GABLE AREA, ALLOWING WATER TO ENTER IN. ACTUALLY, IT'S TWO THREE HOLES THERE. AND INSIDE, OF COURSE COMPLETELY GUTTED OUT. THERE WERE SOME SMALL AREAS OF OF PUDDLING OF WATER IN THERE. IT MIGHT BE FROM A CHIMNEY, COULD HAVE BEEN FROM OPEN DOORS, WHATEVER. THEN YOU GOT THE UNSECURED POOL IN THE BACK, STAGNANT WATER DAMAGED LINER AND IT LOOKS SEPARATION BETWEEN THE INSERT AND THE WALLS THERE. IT'S IT'S PRETTY BAD. BUT AGAIN, IT'S UNSECURED AS IT SITS UNFIT, UNSAFE. AND IT'S HAS SAT HERE SINCE HURRICANE MICHAEL WITH NO PROGRESS TO IT. OKAY. ON JUNE 20TH, INSPECTOR HUBBARD SENT OUT A NOTICE OF VIOLATION THAT WAS CERTIFIED IN REGULAR MAIL TO THE OWNER OF RECORD FROM THE BAY COUNTY PROPERTY APPRAISER DATABASE. TO DATE, THERE HAS BEEN NO RETURN RECEIPT RECEIVED AND NO RETURNED REGULAR CERTIFIED MAIL TO THIS OFFICE. ON AUGUST 15TH, HE CONDUCTED A RE-INSPECTION. SLIDE 27. HERE YOU CAN FIND THAT HE THAT THERE WAS NO CHANGES TO THE PROPERTY. ON OCTOBER THE 2ND, HE CONDUCTED ANOTHER RE-INSPECTION. SLIDE 30 HERE. NO CHANGES TO THE PROPERTY. OCTOBER 29TH.

THIS CASE WAS REASSIGNED TO ME AND I TOOK OVER THE INVESTIGATION. I REINSPECTED THE PROPERTY, BECOME FAMILIAR WITH THE CASE. AS YOU CAN SEE NOW, THE OVERGROWTH WAS CUT AND.

SLIDE 35. BUT THERE WERE NO CHANGES TO THE STRUCTURE. DECEMBER 2ND. THE PROPERTY IS REINSPECTED AND REMAINED IN VIOLATION. JANUARY 5TH PROPERTY IS REINSPECTED AND REMAINED IN VIOLATION. BASED ON THESE FACTS, I THEN. SET SENT OUT A NOTICE OF VIOLATION. NOTICE THE HEARING WAS SENT CERTIFIED AND REGULAR MAIL TO THE OWNERS OF RECORD USING THE ADDRESS FROM THE PROPERTY APPRAISER'S OFFICE. IT DID INDICATE THAT THE CERTIFIED NOTICE WAS DELIVERED TO THE RESPONDENT ON SEPTEMBER THE 12TH, 2026. THERE'S BEEN NO REGULAR MAIL RETURNED FEBRUARY

[02:30:02]

APPARENTLY THE FAMILY PARENTS OWN THIS HOME. PRE-HURRICANE HOUSE WAS DAMAGED SIGNIFICANTLY FROM THE HURRICANE. THEN THE PROPERTY WAS TRANSFERRED OVER TO THE BROTHER. THEY BELIEVE THAT THE BROTHER WAS MAKING STEPS TO REPAIR THIS HOME BECAUSE THEY WANTED TO KEEP THIS HOME AND AND AND REPAIR IT. I THINK THERE'S SOME INDICATION. CORRECT ME IF I'M WRONG, THEN, MR. DORVAL. PASS. MISS JACQUELINE, YOUR BROTHER?TH YES, YES. SO THE BROTHER PASSED, AND THE SISTERS REALLY DIDN'T KNOW WHAT WAS KIND OF GOING ON WITH THE PROPERTY UNTIL THEY WERE ABLE TO TAKE OVER THE AFFAIRS AND FOUND THE LETTERS. ONCE THEY GOT THE LETTERS, THEY'VE BEEN ON TOP OF IT, YOUR HONOR. ON. DID INDICATE THAT SHE WAS GOING TO HIRE SOMEBODY TO COME OUT AND SECURE THE POLE. A GENTLEMAN CALLED ME LATER THAT DAY AND SAID HE WAS GOING OUT THE NEXT MORNING TO SECURE THE POOL. ON MARCH 4TH, I WAS CONTACTED BY THE SISTER AGAIN, WHO SAID THE POOL WAS NOW SECURED AND THEY WERE HAVING MOSQUITO CONTROL TO COME OUT AND TREAT. THE WATER WENT OUT AND VERIFIED THAT SECURITY BARRIER HAD BEEN PLACED AROUND THE POOL. SHE DID INDICATE THEY'RE GOING TO BE CALLING A STRUCTURAL ENGINEER TO MOVE FORWARD, TO TRY TO REPAIR THE THE HOME. THE PROPERTY IS REINSPECTED ON MARCH 9TH AND IT REMAINED IN VIOLATION. TAXES HAVE BEEN PAID IN FULL. THERE'S BEEN NO CURRENT PERMITS PULLED AT THIS TIME, AND A COMPLIANCE HEARING IS SCHEDULED FOR SEPTEMBER 16TH AT 1 P.M. HERE AT THE GOVERNMENT CENTER. AND AT THIS TIME, I HAVE NO FURTHER TESTIMONY. OH, NOW YOU SAID SEPTEMBER. I'M SORRY, APRIL THE 16TH, APRIL THE 16TH. OKAY. THANK YOU. MA'AM, DO YOU HAVE ANY QUESTIONS OF THE CODE ENFORCEMENT OFFICER? I DO NOT KNOW. I DIDN'T THE ONE THING I DEFINITELY WASN'T AWARE OF WAS THE UNTIL I GOT THE PICTURES WAS THE. THE CHIMNEY. BECAUSE AS YOU CAN TELL, THE ROOF WAS REPAIRED. THAT WAS PART OF THE WORK THAT WE HAD DONE WHEN THE WORK HAD STARTED. SO THE FACT OF THE MATTER THAT AFTER THEY REPAIRED IT, NOT EVEN FIVE YEARS LATER, IT'S ALREADY COMPLETELY DESTROYED AS TESTAMENT TO THE WORK THAT WAS DONE. SO WE'RE BETWEEN THE THREE SIBLINGS THAT ARE REMAINING. WE'RE CURRENTLY IN TALKS OF, YOU KNOW, WHAT TO DO WITH THE HOME WE HAVE. WE'VE BEEN GETTING CONTACTS FOR PEOPLE WHO WANT TO PURCHASE THE HOME AND AND THEY'RE MORE INTERESTED IN THE LAND THAN THEY ARE THE, THE STRUCTURE ITSELF. SO TO TRY, I'M TRYING TO GET IT EXPEDITED TO WHETHER OR NOT IF WE CAN SELL THE LAND AND THEY CAN BULLDOZE IT, SINCE THAT INSTEAD OF REPAIRING IT, THAT WOULD PROBABLY BE THE BEST OPTION. JUST RIGHT NOW I'M WORKING WITH A LAWYER TRYING TO GET CONTROL OF EVERYTHING BECAUSE IT'S I CANNOT FIND, I'M TRYING TO FIND PAPERWORK. AND SO IT'S BEEN, IT'S BEEN A LOT TRYING TO FIGURE OUT HOW TO CONTINUE WITH THIS SITUATION THAT WE'RE IN. SO, OKAY, NOW YOU SAY THAT THE HOME WAS OWNED BY YOUR PARENTS. YES, YES, IT WAS OWNED BY MY PARENTS. AND MY FATHER PASSED AND THEN MY MOTHER PASSED. AND MY, MY

[02:35:01]

SO WE'RE JUST SO I WASN'T AWARE OF EVERYTHING THAT WAS COMPLETELY DONE. SO I'M JUST TRYING TO PICK UP THE PIECES OF WHAT I, YOU KNOW, WHAT'S BEEN LEFT AND WHAT WE'RE GOING TO CURRENTLY MOVE FORWARD WITH BECAUSE I DID CONTACT A STRUCTURAL STRUCTURAL ENGINEER AND THEY ARE VERY COSTLY TO COME OUT AND DO AN INSPECTION. SO I'M, I WAS DOING SOME HUNTING AROUND TO SEE, YOU KNOW, WHAT, WHAT COULD BE DONE WITH THAT? BUT YEAH, SO IT'S JUST, IT'S KIND OF OH, GO AHEAD. HOW IS THE HOME TITLED AT THE PRESENT TIME? THAT IS ONE OF THE THINGS THAT I'M TRYING TO FIND OUT RIGHT NOW. IT'S APPARENTLY THERE. IT'S IN A TRUST, I'M ASSUMING I WE'RE SEARCHING FOR THE BECAUSE THE LAWYER ASKED ME TO LOOK FOR THE DEED OF THE PROPERTY. AND I'VE BEEN GOING THROUGH THAT, TRYING TO GET THAT TO HER TO SEE HOW WE CAN MOVE FORWARD WITH THAT. BUT SHE'S ADVISED ME THAT WE'LL PROBABLY NEED A FLORIDA LAWYER AS WELL TO HANDLE THE HOME. SINCE I'M IN GEORGIA. AND DO YOU KNOW ANYTHING ABOUT THE HOUSE OF DORAVILLE UNINCORPORATED TRUST OR SOMETHING LIKE THAT? THAT'S.

I'M ASSUMING THAT'S THE TRUST THAT MY BROTHER SET UP WITH MY MOM BEFORE SHE PASSED, BECAUSE SHE. SO I'M NOT SURE. I'VE BEEN SEARCHING. THAT'S WHAT I'M LOOKING FOR. ALL THE INFORMATION. IT'S KIND OF LIKE I'M AT A LOSS. I'M KIND OF LIKE SCRAMBLING, YOU KNOW, TO SEE THE MESS THAT WAS LEFT BEHIND FOR ME. SO I BELIEVE THAT'S A TRUST. I THINK MY BECAUSE MY BROTHER DID MENTION THAT THEY WERE PUTTING THE HOME IN A TRUST AND WE DID TALK ABOUT IT.

AND HE, HE PUT ME AND HIM AS THE TRUSTEES. SO THAT IS THE THING. IF I'M A TRUSTEE AS WELL AS THE TRUST, THEN I'M TRYING TO GET WITH THE LAWYER TO FIGURE OUT HOW WE CAN GO ABOUT MOVING FORWARD WITH THIS. SO, YOU KNOW, JURISDICTION OVER HOW TO GET THAT THE PROPERTY SO WELL. THE BIG PROBLEM THAT I HAVE RIGHT NOW IS THE FACT THAT THE NEIGHBORS ARE COMPLAINING.

YEAH. AS AS WELL, THEY PROBABLY HAVE A RIGHT TO DO. YEAH. SO, YOU KNOW, THEY JUST WANT THE SITUATION CORRECTED. I WAS, I WAS, I WAS GLAD TO HEAR THE POOL HAD BEEN SECURED BECAUSE THAT WAS REALLY A TRUE ISSUE. YEAH. I'M THINKING OUR BEST MOVE FORWARD IS TO GET IN CONTACT WITH TRYING TO, TO SELL THE PROPERTY TO THE PERSON WHO WANTS TO BULLDOZE IT BECAUSE IT'S, IT'S PRETTY MUCH DEGRADED TO THE POINT WHERE IT'S, IT WOULD BE COST PROHIBITIVE TO TRY AND FIX IT LOOKS LIKE IT'S GOT SOME SERIOUS ISSUES, I'LL SAY THAT, YES, THE. HAVE YOU MADE AN EFFORT TO CONTACT OR RETAIN A REALTOR IF YOU WERE TALKING ABOUT SELLING IT OR WHAT? YEAH, THAT'S WHAT I WAS GETTING WITH THE THE LAWYER ABOUT IS HOW I WOULD GO ABOUT BECAUSE, YOU KNOW, WITH THE, THE PAPERWORK, I DON'T KNOW, LIKE IF I NEED, I KNOW I NEED LETTERS OF ADMINISTRATION TO ADMINISTER OVER EVERYTHING THAT'S LIKE LEFT OVER. IT'S JUST BEEN A PROCESS OF TRYING TO GET EVERYTHING DONE. AND I DEFINITELY I'M TRYING TO GET IT DONE AS FAST AS POSSIBLE BECAUSE, YOU KNOW, IT'S EVERY TIME WE GET THE YARD DONE, IT'S ABOUT $4,000. SO THAT'S THAT HAS DRAINED ME SIGNIFICANTLY, SIGNIFICANTLY. SO I'M TRYING TO GO INTO YOUR BUSINESS, BUT I KNOW RIGHT. THE, YOU KNOW, THE FACT THAT IT'S A TRUST THAT MIGHT, MIGHT FACILITATE SOME OF THE ISSUES BECAUSE TRUST GENERALLY DON'T HAVE TO GO THROUGH PROBATE. SO, OKAY, HAVE YOU BEEN ABLE TO FIND THE TRUST DOCUMENTS? THAT'S WHAT I'VE BEEN SEARCHING FOR. I HAVE I HAD TO TO MOVE BECAUSE I LIVE WITH MY BROTHER AT THE TIME. SO I HAD TO MOVE LOCATIONS AFTER HE PASSED. AND I'M JUST, I'M GOING THROUGH BOXES AND PAPERWORK AND I'M TRYING TO GET ACCESS INTO HIS COMPUTER TO SEE, YOU KNOW, WHAT I CAN FIND. IT'S JUST I'M HUNTING. SO. DO YOU DO YOU THINK THAT YOUR BROTHER WOULD HAVE HAD A BAY COUNTY LAWYER DO THE WORK? I DON'T KNOW, YEAH, I DON'T, I THAT'S THE THING, I DON'T KNOW. YOU MAY THERE, THERE IS A LOCAL BAR ASSOCIATION THAT YOU MIGHT WANT TO CONTACT AND I, I HONESTLY DO

[02:40:07]

ANYHOW, A LAWYER THAT ACTUALLY DREW UP THE TRUST. SO OKAY, THAT MIGHT BE SOMETHING YOU WANT TO CONSIDER. OKAY. BUT YOU SAY THAT THE THE POOL HAS BEEN SECURED, MR. CLARKSON. OKAY.

THANK YOU VERY MUCH. APPEAR ON ANY PART OF THAT. RIGHT? RIGHT. DID YOU HEAR WHAT MR. CLARKSON JUST SAID? HE SAID THE MAIN PROBLEM IS IT'S UNSECURED. AND WHAT ELSE? TRANSIENTS ARE GOING IN AND OUT OF THE HOUSE. OH. AND SO, YOU KNOW, NATURALLY, IF I WAS A NEIGHBOR, I'D BE UPSET ABOUT THAT TOO. YES, YES. A BUNCH OF WUFEI'S MOVING INTO THE NEIGHBORHOOD. THE GARAGE DOOR. YEAH. SO IT DOES HAVE POWER. THEY DID DO THE ELECTRICAL AND WHEN THEY WERE DOING THEIR REPAIRS. AND SO I'VE BEEN, YOU KNOW, IT DOES HAVE POWER ON THE INSIDE.

THAT'S A PROBLEM. SO. WELL, I MEAN, YOU KNOW, I DON'T KNOW IF YOU WANT TO SHUT OFF THE POWER, BUT EVEN IF YOU DO SHUT OFF THE POWER, THEY'LL STILL BE GOING. THEY WILL THEY WILL GO IN THERE AND, YOU KNOW, THE POSSIBILITY IS THAT THEY WILL BUILD A CAMPFIRE INSIDE THE HOUSE. BUT YEAH. I WOULD SUGGEST THAT YOU AT LEAST TRY TO GET A CONTRACTOR TO GO OVER THERE AND SECURE THE PREMISES. OKAY. YOU KNOW, WITH BOARDING UP THE DOORS AND SO ON AND SO FORTH.

BUT WHAT I'M GOING TO DO IS I'M GOING TO I'M GOING TO PUT THIS BACK ON THE DOCKET FOR APRIL THE 16TH. OKAY? AND YOU NEED TO DIG THROUGH EVERY BOX THAT YOU CAN POSSIBLY FIND TO. YEAH. SEE IF YOU CAN FIND THE TRUST DOCUMENTS. AND I'M, I'M GOING TO REEVALUATE IT ON THAT DATE TO SEE, YOU KNOW, OKAY, WHETHER OR NOT. BUT YOU KNOW, IT MIGHT BE THAT, THAT YOU AGAIN. YOU MIGHT HAVE TO OPEN UP SOME SORT OF PROBATE JUST TO SAY, HEY, IT WAS IN HIS NAME. I CAN'T FIND ANY DOCUMENTS AND PLEASE PUT IT IN MY NAME SO I CAN GET A DEMOLITION PERMIT. BECAUSE A PERMIT, A PERMIT IS NOT GOING TO ISSUE TO ANYBODY THAT IS NOT DOESN'T HAVE ANY LEGAL POSITION.

YEAH. YOU KNOW, IF YOU CAN FIND THE TRUST DOCUMENT AND YOU'RE A TRUSTEE, YOU PROBABLY CAN GET A PERMIT BASED ON THAT I THINK. COULDN'T YOU. YEAH. THEY'RE SAYING THAT THAT THAT SOUNDS LIKE A POSSIBILITY, BUT OKAY, SEE IF YOU CAN DO THAT. AND IN THE MEANTIME, SO YOU CAN. LIKE YOU SAID, SOMEBODY'S NOT GOING TO BUY THE HOUSE FOR THE HOUSE. THEY'RE GOING TO BUY IT FOR THE DIRT. YEAH. SO, YOU KNOW, NICE NEIGHBORHOOD, BUT YOU THEY'RE GOING TO WANT TO BUILD FROM SCRATCH, I WOULD IMAGINE. YEAH. ALL RIGHT, LET'S DO THAT. WE'LL SET IT FOR FIRST HEARING ON APRIL THE 16TH. OKAY. AND LIKE I SAID, JUST KEEP ON DIGGING THROUGH THOSE BOXES SO YOU CAN SEE IF YOU CAN GET SOME SORT OF LEGAL STATUS TO START MOVING ON THIS THING. OKAY? GO AHEAD. MR. CLARKSON'S GOT MR. DORAVILLE. ARE YOU GOING TO BE THE PRIMARY CONTACT? BECAUSE I KNOW INITIALLY YOUR YOUR OTHER SISTER REACHED OUT AND SAID SHE WAS UNAVAILABLE TODAY MERELY BECAUSE SHE HAD TO WORK. SO. YEAH. YEAH, I'LL BE THE I'LL BE THE PRIMARY NOW BECAUSE ACTUALLY I JUST RECENTLY HAD TO DEAL WITH THE LAYOFFS. SO NOW I HAVE TIME. NOW I HAVE TIME.

YEAH. SO YEAH, I'LL, I'LL BECOME THE PRIMARY TO, TO HANDLE THIS AND I'LL BE THE ONE WITH THE GETTING A LAWYER AND TRYING TO GET CONTROL OF EVERYTHING AND LET ME, YOU KNOW, I DON'T WANT TO SURPRISE YOU COME APRIL THE 16TH, BUT IF IF WE HAVEN'T GOT ANYTHING RESOLVED AND THERE'S NO CLEARING UP OF THE OWNERSHIP AND EVERYTHING LIKE THAT, I WOULD EXPECT THAT I WILL PROBABLY ORDER THE BUILDING DESTROYED. SO. OKAY. YOU KNOW,

[02:45:06]

ALRIGHTY. ALL RIGHT. THANK YOU SO MUCH. OKAY. HAVE A GOOD DAY. YOU TOO. OKAY. GOT IT. YES, SIR.

OKAY.

* This transcript was compiled from uncorrected Closed Captioning.