[Code Magistrate Hearing on May 14, 2026.]
[00:00:10]
I HAVE REVIEWED THE DOCKET, DO NOT SEE ANY BASIS FOR ANY ORDERS OF RECUSAL AT THE PRESENT TIME. NOT HAD ANY EX PARTE COMMUNICATIONS WITH ANYONE REGARDING ANY OF THE CASES ON THE DOCKET. AND IF YOU ANTICIPATE GIVING TESTIMONY, IF YOU WOULD STAND AND BE SWORN.
MR. CLARKSON, ARE YOUR PEOPLE GOING TO GIVE TESTIMONY BACK THERE IF THEY. YEAH. RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU. GOD CORRECTLY REFLECTED.
PEOPLE HAVE ANSWERED IN THE AFFIRMATIVE. IF YOU HAVE A CELL PHONE, PLEASE EITHER TURN IT OFF OR TURN IT TO SILENT. OKAY. MISS ASHMAN. GOOD MORNING. CATHERINE ASHMAN, BAY COUNTY CODE ENFORCEMENT MANAGER. WE HAVE SEVERAL PARTICIPANTS HERE FOR OUR PUBLIC HEARINGS FOR YOUR REQUEST. WE WILL START WITH ITEM G, AS IN GEORGE. THIS IS A PROPERTY ADDRESS IS A 931 MERLIN DRIVE. AND THIS WAS THE RESPONDENT'S ATTORNEY'S REQUEST FOR A MOTION TO STAY. WE WANT THEM TO WE DON'T HAVE A REPORT. WE HAVE PHOTOS FOR YOU OF THE PROPERTY. WHO'S ASSIGNED THE CASE, MA'AM? OKAY. JUST GIVE ME, IF YOU WOULD, A BRIEF SYNOPSIS OF WHERE WE STAND ON IT, IF YOU WOULD, MR. THORPE. ALL RIGHT. SO THIS WAS BROUGHT TO YOU IN OUR. I'M SORRY, INSPECTOR THORPE. BUILD INSPECTOR FOR CODE ENFORCEMENT. I SUBMITTED MY CREDENTIALS FOR THE RECORD, 8931 MARYLAND DRIVE. BUILD INSPECTION WAS INITIALLY DONE JULY 15TH. MOBILE HOME HERE.
MISSING THE SIDING. AND IT'S GOT PARTIAL ROOF ON IT. AND IT'S BEEN A PORCH ATTACHED SUBSTRATE AND DECKING COMPLETELY ROTTED ON IT. IT'S DAMAGE TO THE BACK WALL, MISSING PANELS ON THE BACK AS WELL. THIS IS BROUGHT TO YOU IN FRONT OF YOU BY RAY SCOTT.
AFTER HEARING I TOOK OVER NO COMMUNICATION UNTIL THE END WHEN WE HAD THE THE HEARING, AS I STATED, THE PORCH WAS PUT ON. YOU SEE THE ROTTING THROUGH THERE? IT'S DIRECTLY ATTACHED TO THE ROOF LINE. AND AGAIN, THESE WERE PHOTOS THAT WERE PRESENTED TO YOU AT THE TIME OF THE FIRST HEARING. NEW WINDOWS INSTALLED, SOME NEW SHEETING ON THE SIDE, WINDOWS BROKE OUT, SO ON AND SO FORTH. WE HAD THE HEARING EXPOSED. OH YEAH, OPEN POOL IN THE BACK, GREEN WATER DERELICT VEHICLE. WE HAD A HEARING. THE PROPERTY OWNER AND THE CONTRACTOR CAME. THEY DID HAVE BLUEPRINTS, BUT HOWEVER THEY WERE INSUFFICIENT. THE WINDOWS AND THE ROOF WERE NOT ON THERE. SOME OF THE PORCH STUFF WAS NOT ON THERE ROTTING AND SO FORTH. THEY WERE SUPPOSED TO GET IT AMENDED AND RESUBMITTED. AN EMAIL WAS RECEIVED FROM MR. CASTLE, THE CONTRACTOR, ON APRIL 7TH AT 2026 AT 6:19 P.M. WITH UPDATED PLANS FOR PORCH ATTACHMENT ONLY.
THESE WERE EMAILED TO MR. CASTLE FROM MARK MERCER, WHO WAS THE ENGINEER ON THE PROJECT ON APRIL 7TH, 2026. AS YOU REMEMBER, APRIL 16TH I THINK IT WAS. WE HAD TO. WAS IT THE COMPLIANCE HEARING? NOBODY SHOWED UP. STILL NO MENTION OF THE SHEETING, YOU KNOW, FRAMING AND REPAIRS TO IT. JUST THE THE PORCH WAS ON THE THE NEW THING. MR. CASTLE DID CALL ME. WE WENT BACK AND FORTH. HE THOUGHT HE WAS OKAY AND WANTED TO KNOW IF THERE WAS ANYTHING I COULD DO.
I TOLD HIM THERE WAS NOTHING. WE ALREADY. WE'VE ALREADY DONE ASBESTOS SURVEY. WE'VE ALREADY PRE BIDDED IT, SO WE'RE ON THE ON THAT PORTION OF IT. AS I SAID, NOBODY SHOWED UP FOR THE HEARING AND YOU DID THE. YOU HAVE PHOTOS FROM THE ASBESTOS SURVEY ON APRIL 27TH? YES. AND THIS IS FROM THE ASBESTOS SURVEY. STILL SAME CONDITION IS NOW A LARGER HOLE IN THE FAR RIGHT THERE. THERE WAS JUST SOME JUNK AND TRASH OUT THERE. YOU CAN SEE THE INTERIOR.
NOTHING LEFT OF VALUE. THERE'S SOME ROTTING ON THE FLOOR HOLES WHERE THE THE DUCTWORK IS. IT'S JUST PRETTY MUCH FULL OF JUNK AND TRASH INSIDE THERE, ROTTING TO THE BACK WALL AND THE FLOOR AROUND THE DOOR FRAME. AS USUAL ON MOBILE HOMES. DID YOU HAPPEN TO NOTICE THE SWIMMING POOL WAS.
YEAH, SWIMMING POOL WAS STILL THERE. GREEN. THERE WAS TWO LARGE NEW BRUSH PILES IN THE BACK FROM SOME CLEANING UP, AND THAT'S ALL THE PROGRESS THAT'S BEEN DONE. BROWN. THANK YOU,
[00:05:10]
YOUR HONOR. MELANIE BROWN WITH CARTER PLATT FOR THE RESPONDENT, MR. GONZALO RAMIREZ, WE FILED A OR SENT IN A MOTION TO STAY THE DEMOLITION. MY CLIENT DID RECEIVE THE DEMO LETTER FOLLOWING THE APRIL 16TH, 2026 HEARING THAT WAS NOT ATTENDED BY MY CLIENT OR MR. CASALE.THIS PROPERTY, AS YOU KNOW, WAS JUST DISCUSSED, HAS A LONG HISTORY OF CODE ISSUES THAT FAR PREDATES MY CLIENT'S PURCHASE OF THE PROPERTY. UPON SOMEONE'S DEATH, HE ASSUMED THE PROPERTY SO THAT HE COULD REVITALIZE IT. IT'S CLEARLY A FIXER UPPER FOR HIS NEPHEW TO USE IN THE FUTURE.
SO HIS FRIEND AND CONTRACTOR, MR. MR. TIM CASALE, IS THE ONE THAT'S BEEN HELPING US WITH PLANS. AND, YOU KNOW, ESSENTIALLY A PLAN FOR REVITALIZATION OF THE PROPERTY AND CORRECTION OF THE CODE ISSUES. THERE IS CLEARLY A MISUNDERSTANDING THAT OCCURRED ON OUR END BETWEEN THE APRIL OR THE MARCH 12TH HEARING AND THE APRIL 16TH HEARING. YOU KNOW, MY CLIENT ENGLISH IS HIS SECOND LANGUAGE. HE UNDERSTANDS MOST THINGS, BUT MAYBE NOT SOME OF THE LEGAL ISSUES OR CODE ENFORCEMENT LINGO. SO HE IS HEAVILY RELYING ON HIS FRIEND MR. CASALE, WHO TRULY BELIEVED THAT WITH COMMUNICATIONS WITH MR. THORPE BETWEEN THE MARCH AND APRIL HEARINGS, THAT THINGS WERE FINE. THEY DO HAVE REVISED PLANS AND SPECS IN HAND HAVE APPLIED FOR THE PERMITS THAT ARE NEEDED. ALSO, IN AN EFFORT TO DEMONSTRATE, YOU KNOW, THEIR ONGOING WANT TO COMPLY, MR. RAMIREZ AND MR. CASALE HAVE ACCOMPLISHED THE FOLLOWING.
ACTUALLY, AFTER THE ASBESTOS SURVEY PHOTOGRAPHS THAT WERE TAKEN APRIL 27TH, THEY HAVE GONE BACK AND CLEANED OUT ALL OF THE YARD DEBRIS, REMOVED SOME OF THE CHAIN LINK FENCE, COMPLETELY REMOVED THE UNSECURED POOL SO IT'S NO LONGER ON THE PROPERTY. THEY'VE CLEANED OUT THE MOBILE HOME INTERIOR AND ALL PERSONAL EFFECTS TO PREPARE FOR THE REPAIR, SO IT'S COMPLETELY EMPTY ON THE INSIDE. NOW, ASIDE FROM FIXTURES LIKE THE TOILET, THEY DO HAVE THE REVISED ENGINEER PLANS, WHICH WERE ATTACHED TO THE MOTION ORDERED AND OBTAINED MATERIALS NEEDED FOR THE CORRECTIONS AND APPLIED FOR THE PERMIT. I DID PUT THE PERMIT NUMBER, THE APPLICATION NUMBER IN THE MOTION. I BELIEVE IT'S STILL PENDING. I DID RECEIVE UPDATED PHOTOGRAPHS LATE YESTERDAY, SO UNFORTUNATELY, YOUR HONOR, I ONLY HAVE THEM IN PRINT FORM. BUT IF YOU WOULD LIKE TO VIEW THEM OR WOULD LIKE ME TO HAND THEM OFF, I CERTAINLY CAN. IF YOU WOULD. OKAY. YEAH, I'VE HAD NO COMMUNICATION. 2 TO 2 DAYS FROM MR. SO JUST THAT, JUST THAT FIRST HEARING, JUST JUST TO CORRECT THAT. JUST TO. YES, SIR. SO THOSE ARE PHOTOGRAPHS OF THE EXTERIOR. THERE ARE PHOTOGRAPHS OF THE FRONT, THE SIDE AND THE BACK OF THE PROPERTY FROM THE RECENT CLEANUP. YOU CAN SEE THE POOL IS NO LONGER THERE. ACTUALLY, SOME LAWN MOWING HAS ALSO OCCURRED AFTER THOSE PHOTOGRAPHS WERE SENT TO ME YESTERDAY AFTERNOON. IT'S OUR POSITION. THE VIOLATIONS AREN'T IRREPARABLE OR IRREVERSIBLE. AND MR. CASALE HAS REPRESENTED TO MY CLIENT THAT ONLY TWO WEEKS WOULD BE NEEDED TO MAKE THE REPAIRS UPON APPROVAL OF THE PERMITS. SO WE ARE REQUESTING STAY OF THE ABATEMENT, WHICH WOULD BE DEMOLITION OF THE PROPERTY TO ALLOW A REASONABLE AND EQUITABLE TIME TO BRING THE PROPERTY INTO COMPLIANCE AND AN OPPORTUNITY TO TO PAY THE COUNTY FOR THE ASBESTOS SURVEY IN ANY OF THE MOBILIZATION THAT MAY HAVE OCCURRED TO DATE. I'M GOING TO PUT THESE IN THE RECORD. WE KEEP THOSE. YES. I CAN ALSO SEND THEM TO YOU DIGITALLY AFTER THE HEARING. WELL, THE PLANS I'VE GOT A COPY OF THE MOTION AND A A SERIES OF PLANS, ENGINEERED DRAWINGS, WHATEVER YOU WANT TO CALL THEM.
DO YOU KNOW WHAT THE STATUS OF THE PERMIT APPLICATION IS OR. YEAH, RIGHT NOW IT SAYS RETURN FOR CORRECTIONS. THE PLAN REVERE PERMIT CORRECTION NOTICE AS THE ENFORCEMENT CASE AND WAITING FOR MAGISTRATE. SO THE NEW PLANS WERE SUBMITTED TO MAY 13TH TO THE PERMANENT FILE. SO RIGHT NOW IT'S JUST KIND OF A STANCE IS THAT IT'S WAIT UNTIL I SAY IT'S OKAY TO GO AHEAD AND REVIEW THE PLANS AND GO FROM THERE. ALL RIGHT. MR. LEWIS, I JUST JUST I WOULD LIKE TO ADD THAT AT THAT FIRST HEARING, MR. CASTELL CASTLE STATED HE COULD APPLY FOR THE PERMITS THAT DAY, AND THAT WAS BACK IN APRIL. RIGHT. AND IN FACT, HE DID NOT APPLY FOR, I'M SORRY, MARCH. HE DID NOT SUBMIT ANY PLANS UNTIL MAY 20TH OR APRIL 28TH. SO I JUST WANT TO POINT THAT OUT, THAT PROMISES HAVE BEEN MADE OR STATEMENTS HAVE BEEN MADE AND FAILED TO FOLLOW THROUGH WITH, DO YOU WANT TO HAVE YOUR CLIENT EXPLAIN THAT ISSUE? SURE. YOU CAN USE IN CASE ANY. THANK YOU.
[00:10:06]
GOOD MORNING, TIM CASSEL. OKAY. WHAT'S A GOOD MAILING ADDRESS FOR YOU? 3455 HARRISON AVENUE, PANAMA CITY, FLORIDA. OKAY, THERE'S THE. RESPONSE TO Y'ALL'S TO YOUR LAWYER'S REPRESENTATIONS ABOUT THIS. I GUESS YOU'D SAY SEQUENCING. MR. THORPE SAYS HE HADN'T HAD ANY CONVERSATIONS WITH YOU. YOU WANT TO RESPOND TO ANY OF THOSE? I DID NOT HAVE ANY CONVERSATIONS UNTIL WE GOT THE DEMOLITION NOTICE. NO. BUT ON WHAT SHE'S SPEAKING ABOUT THE NOT APPLYING FOR THE PERMIT, SCOTT TOLD ME NOT TO APPLY FOR A PERMIT TO GET THE PLANS WERE DRAWN AND THEN APPLY FOR THE PERMIT. THAT'S WHAT I DID NOT APPLY FOR HIM ON THE SEVENTH WHEN I GOT HIM, BUT HE TOLD ME NOT TO APPLY THAT DAY. HE SAID, GET THE PLANS REDRAWN, WHICH I DID AND HAD THEM DONE BEFORE THE HEARING. I JUST DIDN'T APPLY FOR HIM FOR A HEARING AND I DIDN'T SHOW UP FOR THE HEARING, WHICH IS COMPLETELY MY FAULT. BUT I DID HAVE THE PLANS DONE LIKE HE ASKED ME TO. YOU KNOW, LOOKING AT LOOKING AT THE PHOTOGRAPHS, ARE YOU ARE YOU STILL TAKING THE POSITION THAT YOU WANT TO PROCEED WITH THIS RECONSTRUCTION OF THIS? YES, SIR. FOR SURE. OKAY. ALL RIGHT. ARE Y'ALL PREPARED TO PAY THE COST OF THE. ASBESTOS SURVEY TODAY? YES. I'M PAYING FOR EVERYTHING. IT'S NOT GONZALO'S FAULT. IT'S MY FAULT. SO I'M PAYING FOR THE LAWYER AND EVERYTHING. SO IT'S ME, NOT HIM. OKAY. I'M GOING TO. THIS IS IN RESPONSE TO THE THE MOTION TO STAY. THE DEMOLITION. I'M GOING TO STAY THE DEMOLITION CONDITIONED UPON. PAYMENT TODAY. HAVE YOU INCURRED ANY OTHER EXPENSES OTHER THAN THE ASBESTOS SURVEY? YES, SIR. OKAY. PAYMENT TODAY. OF THE 800. IT'S STILL $800, ISN'T IT? YES, SIR.OKAY. OF THE NO, NO ASBESTOS IS FOUND EITHER. I'M SORRY. OKAY. ALL RIGHT. WELL, THAT'S. THE COUNTY'S NOT GOING TO SUFFER THAT LOSS BECAUSE OF THIS MIX UP. WHATEVER THE MIX UP WAS.
OKAY. THAT THAT STAY WILL BE CONDITIONED UPON. PAYMENT TODAY OF THE $800 FOR THE SURVEY.
ASBESTOS SURVEY. CODE OR BUILDER SERVICES IS AUTHORIZED TO COMPLETE THE REVIEW OF THE PLANS AND TO MAKE A DETERMINATION AS TO WHETHER OR NOT THERE HAS BEEN SUFFICIENT COMPLIANCE TO ISSUE A PERMIT THAT'S IN Y'ALL'S BALLPARK. I'M NOT GOING TO TELL YOU HOW TO RULE ON THAT, Y'ALL. Y'ALL MAKE THE THE FINDING AS IT RELATES TO THAT. THE SALE IS. AM I PRONOUNCING THAT? YES, SIR. YOU OKAY, MR. CASSELL? I'M NOT ASSIGNING BLAME OR ANYTHING LIKE THAT. BUT YOU NEED TO MAKE SURE THAT THE LINES OF COMMUNICATION ARE OPEN BETWEEN YOU AND THE CODE ENFORCEMENT AND BUILDER SERVICES. OKAY. DON'T DON'T ASSUME ANYTHING.
DON'T TAKE IT FOR GRANTED THAT, YOU KNOW, THE TOOTH FAIRY IS GOING TO COME DOWN AND WAVE A WAND AND CAUSE IT TO BE CURED OR ANYTHING LIKE THAT. YOU ARE TO STAY IN TOUCH WITH CODE ENFORCEMENT AND BUILDERS SERVICES AND MAKE SURE IF THEY TELL YOU THAT, HEY, YOU KNOW, THERE IS A, A DOCUMENT THAT YOU'VE GOT TO HAVE, WHETHER IT BE DESCRIPTION OF THE MATERIALS TO, TO MAKE THESE REPAIRS, MODIFICATIONS. ET CETERA. ET CETERA. OR WE NEED X KIND OF DRAWING. IT'S IN YOUR BALLPARK. OKAY. WHEN IS THE NEXT COMPLIANCE HEARING DUE? YOUR NEXT COMPLIANCE HEARING WOULD BE JUNE 11TH AT 12:00. 1:00. AND I ALSO WOULD LIKE TO REQUEST THAT THERE WAS A FINE THAT WOULD HAVE BEEN IMPOSED AFTER 30 DAYS. AT THE LAST HEARING OF THE COMPLIANCE HEARING, YOU DID STATE THAT THAT FINE WOULD BE THE FINE, AND THE COST OF ABATEMENT WOULD BE IMPOSED AT THE FINAL HEARING. WOULD YOU LIKE THAT TO REMAIN OR. YES. OKAY. IF THE FINAL HEARING. SO. DON'T DROP THE BALL THIS TIME BECAUSE I WON'T
[00:15:01]
LIKE THE RESULTS. I'M JUST TELLING YOU. YES, SIR. IT WILL NOT BE PLEASANT. SO. BE BACK ON JUNE THE 11TH AT 1:00. AND YOU KNOW, UNLESS THEY TELL YOU THAT. AND IF Y'ALL TELL HIM THAT HE DOES NOT NEED TO APPEAR, THEN I WANT TO KNOW ABOUT THE THAT NOTIFICATION THAT HE DOES NOT NEED TO APPEAR IF HE'S IN COMPLIANCE AND EVERYTHING, WE'LL PRESENT OUR FINDINGS. I WANT TO KNOW. YES. IF HE CURES EVERYTHING BETWEEN NOW AND THE 11TH, I WANT TO KNOW ABOUT IT.OKAY. ALL RIGHT. THAT'S IT. THANK YOU. YES, SIR. AND, YOUR HONOR, CAN WE MAKE THAT PAYMENT? PARDON? THE $800 PAYMENT. WHERE CAN WE MAKE THAT UP FRONT. OKAY. MAY WE BE EXCUSED? THANK YOU, THANK YOU, THANK YOU. BRING US TO ITEM C. WHICH THE PROPERTY ADDRESS IS 3901 WEST 26TH STREET. FIRST HEARING. SLIDE NUMBER TWO IS JUST FOR LOCATION PURPOSES, SHOWING THAT IT IS AN IMPORTANT. IN THE COUNTY. COMING AROUND IS PRETTY. BAYOU PROPERTY IS OUTLINED IN RED.
THE CLOSER UP. AERIAL VIEW OF THE PROPERTY. THESE PROPERTY LINES ARE NOT ACCURATE. ON AUGUST 4TH, 2025, WE DID RECEIVE A COMPLAINT OF DERELICT VEHICLES AND AUGUST THAT SAME DATE, INVESTIGATOR ROBERT CLARKSON INITIATED. THIS YEAR THE FESTIVAL MAGISTRATE ROBERT CLARKSON, BAY COUNTY CODE ENFORCEMENT. I'VE SUBMITTED MY REPORT AND EXHIBITS FOR THIS CASE AS STATED. RECEIVED A COMPLAINT ABOUT THIS PROPERTY REGARDING DERELICT VEHICLES, TRASH, DEBRIS AND OVERGROWTH. SLIDE FIVE HERE IS ON. I THINK THAT HONESTLY, I CAN'T REMEMBER THE NAME OF THE ROAD IF THAT'S MOUND OR GRANT, BUT IT'S COMING AROUND THE 26TH STREET GOING BACK WEST. SO THE PROPERTY LINE STARTS THERE AT THE FENCE. AS YOU CAN SEE, THERE'S SOME OVERGROWTH OR WHAT APPEARS TO BE DERELICT CARS IN THAT AREA, A TRAILER WITH JUNK AND DEBRIS IN THE BACKGROUND. AS YOU CONTINUE AROUND THE CORNER, THERE'S ANOTHER DERELICT VEHICLE VESSEL, JEEP. AS YOU COME AROUND, I COULDN'T TELL. AS YOU CAN TELL, THE CHEROKEE DOESN'T HAVE A TAG ON IT, SO YOU HAVE TO ASSUME OBVIOUSLY IT'S DERELICT. MORE CARS IN THE DRIVEWAY. THERE'S SOME UNSCREENED PERSONAL PROPERTY AND DEBRIS ON THE DRIVEWAY. IT HAS THIS ACCESSORY NEXT TO IT THAT'S ON THE PROPERTY THAT THAT FOR ALL PRACTICAL PURPOSES IS IS FROM THE OUTSIDE, LOOKS LIKE A TWO BAY GARAGE AT ONE POINT IN TIME. HAD AN AWNING OVER IT. YOU CAN SEE THERE'S, THERE'S JUNK AND DEBRIS UP FRONT. THERE'S OTHER DERELICT VEHICLES AND VESSELS. THIS IS A CLOSER LOOK FROM THE ROAD. IS THERE A PRIMARY RESIDENCE TO SUPPORT THE ACCESSORY? YES, SIR. THE RESIDENCE IS IS JUST ON THE LEFT OF THE WHERE THOSE CARS ARE. THERE'S JUST A BUSH ROAD THAT DIVIDES THE TWO, BUT THEY'RE ON THE SAME PARCEL.
WHILE I WAS THERE, THERE WAS A GENTLEMAN ON THE PROPERTY WHO IDENTIFIED HIMSELF AS MR. EMMETT JONES. I TOLD HIM THE PURPOSE OF MY VISIT AND THE COMPLAINT. HE STATED HE WAS JUST STAYING THERE FOR SOME FRIENDS. HE DIDN'T OWN THE PROPERTY. I GAVE HIM MY BUSINESS CARD AND SAID, HEY, CAN YOU GIVE IT TO WHOEVER'S RESPONSIBLE FOR THIS PROPERTY? I DID FIND THE PROPERTY WAS IN VIOLATION. DERELICT VEHICLES, VESSELS, OVERGROWTH, JUNK TRASH, DEBRIS, UNSCREENED UNUSED PERSONAL PROPERTY. ON THE FOURTH, I DID SEND OUT AN INFORMAL LETTER TO THE OWNER OF RECORD, AND I SENT A LETTER TO THE TENANTS. THERE ARE TWO DIFFERENT ADDRESSES FOR THE OWNER. THE LETTER DESCRIBED THE VIOLATIONS, ASKED THEM TO GET UP WITH ME. ON SEPTEMBER THE 3RD, I WENT OUT AND INSPECTED THE PROPERTY. THESE AGAIN ARE PHOTOS STARTING FROM THE WEST AND GOING BACK DOWN SOUTH ON. ON THE STREET OR EAST. THERE'S
[00:20:01]
NO CHANGES NOW. THERE'S ANOTHER VEHICLE THERE ON A TRAILER THAT WASN'T THERE BEFORE. TRAILER FULL OF JUNK AND DEBRIS FURNITURE. I DON'T KNOW IF THEY'RE TRYING TO. MAYBE THEY GOT THE LETTER AND TRYING TO MAKE SOME SORT OF MAKE IT LOOK ORDERLY TO THE THING, BUT I DON'T KNOW WHY. THERE'S ANOTHER DERELICT VEHICLE THERE, OBVIOUSLY. JUST COMING AROUND.THEY HAD KIND OF CUT THE OVERGROWTH THROUGH THIS CASE. OVERGROWTH KIND OF GROWN AND CAME BACK BECAUSE UNFORTUNATELY LASTED A LITTLE LONGER THAN ANTICIPATED. THEY KIND OF GOT RID OF THE JUNK IN THE BACK AND PUT IT INTO A TRAILER. BUT THERE'S STILL SEVERAL DERELICT VEHICLES ON SCREEN PROPERTY. OCTOBER 6TH, REINSPECTED THE PROPERTY. STILL VIOLATIONS EXISTED. THESE ALL JUST KIND OF GO AROUND THE PROPERTY. YOU CAN SEE THE CARS WITHOUT TAGS, ONES IN THE STATE OF REPAIR. YOU KNOW, FROM WHAT I CAN TELL, THE VESSELS DIDN'T HAVE CURRENT STICKERS. I COULDN'T TELL REALLY ABOUT TAGS ON THE TRAILERS. KIND OF GOES ALL AROUND. THERE'S THE JUNKED CARS STILL THE TRAILER WITH ALL THE DEBRIS AND STUFF ON IT. BASED ON MY OBSERVATIONS AT THIS TIME, I SENT OUT A NOTICE OF VIOLATION CERTIFIED IN REGULAR MAIL TO THE OWNER USING HIS PROPERTY ADDRESS IN THE PROPERTY DATABASE AS 4103 MAGNOLIA BEACH ROAD. THE NOTICE WAS DELIVERED ON OCTOBER THE 6TH. ALL THE REGULAR MAIL NOTICE WAS NOT RETURNED. I ALSO SENT A CERTIFIED NOTICE AND REGULAR MAIL TO THE TENANTS AT THIS RESIDENCE. THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED AND THE REGULAR MAIL NOTICE HAS NOT RETURNED. AT THIS POINT. I'VE STILL HAD NO COMMUNICATION WITH THESE CORRESPONDENCES FROM THE PROPERTY OWNER OR ANYONE CLAIMING TO BE ASSOCIATED WITH THE PROPERTY. NOVEMBER THE 12TH REINSPECT THE PROPERTY. STILL REMAINING VIOLATION ITEMS KIND OF COME AND GO DURING THIS TIME PERIOD. A LOT OF ITEMS STAY. DECEMBER THE 15TH RE-INSPECTED THE PROPERTY STILL REMAIN IN VIOLATION. VOTERS PRETTY MUCH SPEAK FOR THEMSELVES. CLOSE UP VIEW. YOU KNOW, IT KIND OF BECAME OBVIOUS THEY'RE WORKING ON CARS. WHETHER THESE ARE PERSONAL OR WHAT, IT'S HARD TO DETERMINE. JANUARY THE 20TH PROPERTY REINSPECTED STILL REMAIN VIOLATION. BLACK BOTTOM BOAT. THAT'S A NEW BOAT THERE, ISN'T IT? YES, SIR. HANDLE HER OUT OF A SEA. NO TAG ON THE TRUCK AND OBVIOUSLY DISABLED. SEVERAL CARS. NO TAGS IN THERE. DERELICT AND JUNKED VEHICLES.
FEBRUARY 23RD, RE-INSPECTED THE PROPERTY REMAIN IN VIOLATION. AS STATED. SOME ITEMS APPEAR AND REAPPEAR OR GO AND COME BACK.
MARCH 23RD. REINSPECTED REMAIN VIOLATION. OVERGROWTH RETURNED TRACTORS OUT THERE NOW.
TRUCK STILL SITTING IN THE SAME STATE OF DISREPAIR. THAT RED TRUCK AND BOAT. OBVIOUSLY ALL THE ITEMS UNDERNEATH. TIRES LAYING AROUND. STILL THE CRASHED VEHICLES. BASED ON THESE VIOLATIONS, I WENT AHEAD AND ISSUED A NOTICE OF VIOLATION AND NOTICE OF HEARING CERTIFIED LETTER AND REGULAR MAIL SENT TO THE OWNER USING HIS ADDRESS OF 4103 MAGNOLIA
[00:25:01]
BEACH ROAD WAS LISTED IN THE DATABASE. THERE HAS BEEN NO RETURN RECEIPT OR NO RETURNED MAIL FOR THE NOTICES MAILED TO THE PROPERTY OWNER AT THIS TIME, AND A NOTICE OF VIOLATION AND HEARING WAS SENT TO THE UNKNOWN OCCUPANTS OF THE RESIDENCE THERE AT 3901 WEST 26TH STREET.THE CERTIFIED NOTICE WAS DELIVERED ON MARCH 26TH. THE REGULAR MAILED NOTICE HAS NOT RETURNED. ON APRIL THE 8TH, I RECEIVED A PHONE CALL FROM A GENTLEMAN WHO IDENTIFIED HIMSELF AS BENJAMIN KAYLEE, MR. KAYLEE STATES. HE LIVES NEXT DOOR THAT HE BELIEVES THE PEOPLE LIVING IN THIS PROPERTY ARE OPERATING AN AUTOMOTIVE AND BOAT REPAIR COMPANY. DUE TO THE NUMBER OF BOATS AND CARS THAT SEEM TO COME AND GO, HE HAS BEEN AN ONGOING PROBLEM WITH THIS PROPERTY. I ADVISED HIM OF TODAY'S HEARING AND STRONGLY SUGGESTED THAT HE ATTEND THE HEARING AND SPEAK HIS CONCERNS TO YOU. APRIL 29TH PROPERTY WAS POSTED AND REINSPECTED. THE YARD HAS BEEN KIND OF OVERGROWTH HAVE BEEN CUT, BUT OBVIOUSLY THE PROPERTY STILL REMAINS IN VIOLATION. THE DERELICT VEHICLES, JUNK DEBRIS, UNSCREENED PERSONAL PROPERTY.
APRIL 30TH. THE PROPERTY APPRAISER AND WAS CHECKED. THE OWNER, STILL THE SAME OWNER IS LISTED AND THE TAXES ARE PAID IN ā FULL. MAY 11TH I INSPECTED THE PROPERTY AND REMAINED IN VIOLATION, STATED THE OVERGROWTH HAD BEEN CUT AND NOW THERE'S SOME DEBRIS THERE. YOU KNOW, YOU CAN ARGUE THAT MAYBE THAT VESSEL HAS A CURRENT STICKER, BUT, YOU KNOW, IT'S HARD TO DETERMINE IF THE TRAILER OR THE UTILITY TRAILER OR THAT BOAT TRAILER HAS A CURRENT TAG. SAME THING WITH THAT VESSEL THAT DOESN'T APPEAR TO HAVE A CURRENT STICKER. THE TRUCK IN THE BACKGROUND DOESN'T HAVE A VALID TAG. THERE'S MORE STUFF IN THE PUSHED UP AGAINST THE HOUSE. SAME THING WITH THAT VESSEL'S, YOU KNOW, IT DOESN'T APPEAR TO BE VALID AND HAVE CURRENT TAGS. CLOSE UP VIEW OF THE ITEM. CARS IN THE BAY BEING WORKED ON. THAT VEHICLE DOESN'T APPEAR TO HAVE A TAG, AND ALTHOUGH THE TRUCK HAS NEVER BEEN WHERE I CAN TELL IF IT HAS A TAG, YOU KNOW, AS YOU CAN SEE, THE HOOD IS STILL PROPPED. AND AS YOU CAN TELL IN THE PREVIOUS PICTURES, THERE'S BEEN WORK BEING DONE ON THE TRUCK. SO IT KIND OF LEADS ME TO BELIEVE, OBVIOUSLY IT DOESN'T NOT VALID TAG EITHER. BUT AS IT STANDS, THE PROPERTY MAIN VIOLATION, AS I STATED, I'VE HAD NO COMMUNICATION WITH A PROPERTY OWNER AND THIS IS SCHEDULED FOR COMPLIANCE HEARING ON JUNE 18TH, 2026, 1 P.M. HERE AT THE GOVERNMENT CENTER. AND THAT WILL CONCLUDE MY TESTIMONY. MR. BEALE. SIR, COME ON FORWARD, PLEASE. COME. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. 4103 MAGNOLIA BEACH ROAD, MILFORD. WAYNE. BILL, HOW DO YOU WANT TO RESPOND TO ALL THIS? MR. I'VE DEALT WITH MR. ROBERT BEFORE. HE'S A FAIR MAN.
I'M A FAIR MAN. I DIDN'T REALIZE I KNOW I GOT A LETTER LIKE SIX MONTHS AGO THAT THE PROPERTY WAS IN VIOLATION. I'VE NEVER HAD ANY ISSUES IN MY 64 YEAR CAREER WITH THE CODE ENFORCEMENT PROBLEMS. MY SON, HE'S YOUNG. HE DON'T REALLY KNOW WHAT CAN BE DONE, WHAT CAN'T BE DONE. AND MR. ROBERTS TRYING TO EDUCATE THE BOY. A LOT OF THIS STUFF IS HE'S IN THE PICTURES ARE LEGAL. WHAT THEY'RE NOW IS LEGAL. THE YARD HAS BEEN CLEANED UP. I THINK HE WENT BY YESTERDAY AND LOOKED AT IT OR SOMETHING. OR WHEN WAS IT? I DID TELL HIM I DROVE BY THIS MORNING. YEAH. THERE'S BEEN SIGNIFICANT CLEANUP. YEAH. THERE'S BEEN NO THERE'S BEEN MORE THAN OKAY. THERE'S STILL SOME TIRES AND STUFF LAYING AROUND AND, AND I DON'T KNOW IF THEY KIND OF HAVE A, A MISUNDERSTANDING ON WHAT WE CONSIDER DERELICT THAT TO, YOU KNOW, THERE'S A, THE VEHICLES, A COUPLE OF VEHICLES ARE STILL THERE. THE BOATS AND VESSELS AND TRAILERS ARE THERE. LEAVE ME. FROM WHAT I'VE SEEN I WOULD CONSIDER THEM NOT TAGGED. THEY ARE OUR CURRENT REGISTRATION. THEY ARE IF YOU KNOW, IF HE'S CLAIMING THAT THAT HE OBVIOUSLY ALLOW ME TO GO INTO THE PROPERTY AND TAKE A LOOK. THERE'S STILL SOME UNSCREENED UNUSED PERSONAL PROPERTY. AND ARE Y'ALL RUNNING A BUSINESS OUT OF THIS? NO. LOOK, I'M KIND OF BETRAYED MY SON. I'VE TAUGHT HIM ABOUT A MECHANIC. ALL HIS BUDDIES HAVE ISSUES WITH VEHICLES. HE AIN'T GOT NO SHOP. HE DON'T KNOW HOW TO RUN A SHOP. HE'S ONLY 20 YEARS OLD. WE AIN'T RUNNING NO BUSINESS OUT OF THERE. HE AIN'T MAKING NO MONEY OUT THERE, THAT'S FOR DAMN SURE. YOU KNOW, MAKE MONEY OR NOT, THAT'S NOT THE ISSUE. YEAH, I UNDERSTAND THAT. QUITE FRANKLY, IT LOOKS LIKE YOU'RE RUNNING A BUSINESS. YEAH, I GET THAT. I UNDERSTAND THAT AND HIS
[00:30:05]
BUDDY'S CARS REGISTERED. OKAY. YEAH. Y'ALL NEED TO TALK ONE AT A TIME. OKAY. LET ME SPEAK. AND I OWN 8 OR 10WORKS ON. HE GOT SE FRIENDS THAT HE WORKS ON BECAUSE THEY DON'T HAVE NO MONEY TO HAVE TO TAKE IT TO THE SHOP OR WHATEVER. BUT HE IS IN VIOLATION. THERE'S NO QUESTION ON ME. I GOT SOMETHING IN THE MAIL LIKE SIX MONTHS AGO, I THOUGHT, AND I HAVE NOT RECEIVED ANYTHING UNTIL I SEEN UNTIL I RECEIVED THIS LAST MONTH OR WHATEVER IT WAS. AND I FIGURED THE VIOLATION WAS TAKEN CARE OF. LIKE I SAID, I'VE NEVER HAD ANY ISSUES OR PROBLEMS WITH CODE ENFORCEMENT OR MR. ROBERT. AND LOOKING AT THE PICTURES, I SEE THAT HE WAS SLOW ABOUT GETTING TO IT. FOR ONE THING, IF HE WENT BY THIS MORNING, EVERY BOAT THERE IS REGISTERED AND TAGGED, EVERY TRUCK THERE REGISTERED AND TAGGED BESIDES THE ONE BESIDES THE ONE DERELICT VEHICLE THAT'S A VOLVO, A VOLVO, A COUPLE OF BOATS THAT BELONGS TO ME. BUT THEY'RE TAGGING REGISTERED EVERY VEHICLE THERE. THAT SILVER CAR. THAT'S MOM'S CAR.IT WAS TAGGED IN. WE TOOK THE TAG OFF TWO DAYS AGO TO TRANSFER IT BECAUSE THE MOTOR MESSED UP ON IT, AND THAT'S GETTING READY TO LEAVE THERE. IT'S GONE. IT'S GONE. IF YOU WENT BY THIS MORNING, WHAT VEHICLES YOU SEEN THERE? TAGGED AND REGISTERED AND INSURED.
WHAT VEHICLES? A VESSEL THERE IS TAGGED AND REGISTERED. THE PIRATES LADY BESIDE THE WELL.
THE POWERS LATER IS TAGGED THE RESTAURANT. THERE'S NO MOTOR ON IT. IT'S SITTING ON THE WELL.
JUST HOLD ON. OKAY. WHAT'S YOUR NAME? HUNTER. HUNTER. BILL. OKAY. GIVE US A GOOD MAILING ADDRESS. 3901 WEST 26TH STREET. IT LOOKS LIKE THEY'VE BEEN TRYING TO GET SOME ACTION ON THIS SINCE AUGUST OF 25. AND YOU'RE SAYING SIX MONTHS AGO, I'VE SAID SIX MONTHS AGO. SO I DON'T LIVE THERE. SO I'M NOT THERE. I DON'T GO OVER THERE. I LIVE OVER TRAILED IT TO YOUR ADDRESS. YEAH. I GOT ONE THING SIX MONTHS AGO TO MY ADDRESS, AND THEN I GOT THIS LETTER AND I THOUGHT I THOUGHT THE PROBLEM WAS SOLVED. I SAID, SON, I SAID, THE VEHICLES I NEED TO GO. I DIDN'T GO OUT. AND LOOK. WHAT MADE YOU THINK THE PROBLEM WAS SOLVED? WELL, I MEAN, VEHICLES KIND OF COME AND GO, AND HE'S BEEN CLEANING STUFF UP THE LAST FEW MONTHS AND THE PICTURES DON'T REFLECT THAT. WELL, I UNDERSTAND THAT. LIKE I SAY, I HAVE NOT BEEN OVER THERE. I DIDN'T HEAR ANYTHING. I DIDN'T I DIDN'T HEAR ME, SIR. OKAY. THE PICTURES REFLECT THAT YOU'RE RUNNING SANFORD AND SON OUT OF THERE. YEAH, IT LOOKS THAT WAY. IT DOES? YEAH. AND THE PEOPLE THAT LIVE AROUND YOU DESERVE BETTER THAN I UNDERSTAND THAT. AND I. I AGREE 100%. AND LIKE I SAY, THE BOY LETS HIS FRIENDS TAKE ADVANTAGE OF HIM BECAUSE HE'S A GOOD KID.
HE WORKS TWO JOBS AND HE'S GOT A TWO YEAR OLD AND HE DON'T HAVE THE TIME TO WORK ON, YOU KNOW, ALL HIS FRIENDS AND VEHICLES AND ALL THAT. HE'S GOT TO UNDERSTAND AND NOT TO BRING STUFF OVER THERE. THAT'S GOING TO TAKE TOO LONG TO WORK ON IT. YOU KNOW, HE DON'T MAKE NO MONEY ON IT. WE AIN'T RUNNING NO SHOP OUT THERE. MISTER KELLY HERE. OKAY. ALL RIGHT. WELL, LANDLORD. I'M ATTRACTED. IT BELONGS TO ME. IT'S BRAND NEW. THAT BOAT THERE IS REGISTERED.
THAT SILVER TRUCK IS REGISTERED. IT DOESN'T HAVE A TAG ON IT TODAY. REGISTERED? BUT I DON'T SEE THE STICKER ON IT. IT'S ON IT NOW. WELL, IF MR. ROBERT WOULD GO BACK AND BOTHER. I'D BE MORE THAN HAPPY TO MEET HIM OVER THERE AND DISCUSS ANYTHING ELSE THAT'S IN VIOLATION AND BE MORE THAN HAPPY TO TAKE CARE OF IT. LIKE I SAID, I WAS KIND OF IN THE DARK HERE. THAT'S MY FAULT. I OWN THE PROPERTY, BUT I DON'T LIVE THERE. I BOUGHT IT FROM MY SON. WELL, WHEN CODE ENFORCEMENT KEEPS SENDING YOU, SENDING YOU NOTICE, OKAY, I DID NOT GET. NO, NO, I SAID SIX MONTHS AGO. THE ONLY NOTICE I GOT BESIDES THIS ONE RIGHT HERE RETURNED. AND SO I DIDN'T KNOW I HAD TO RETURN IT. DID IT SAY ON THERE FOR ME TO RETURN IT? NO, NO, WHAT I'M SAYING IS HE MEANS LIKE IT'S SAYING YOU DIDN'T GET IT. IT DIDN'T COME BACK. AND THAT INDICATES THAT YOU DID GET IT. IT'S CERTIFIED MAIL. YOU HAVE TO SIGN FOR IT. OKAY. WELL, I DON'T REMEMBER SIGNING FOR ANYTHING. I GOT MY THERE ARE A LOT OF PEOPLE THAT REFUSE TO SIGN FOR IT BECAUSE THEY DON'T WANT TO BE TAGGED. SO I UNDERSTAND THAT. YEAH, YEAH, I UNDERSTAND THAT. SO AND THIS JONES GUY, HE'S 67 YEARS OLD AND HE AIN'T RIGHT, QUITE RIGHT IN THE HEAD. SO WHEN HE GIVE YOU HIS CARD, I DIDN'T DO ME NO GOOD. HE DIDN'T SAY NOTHING. YOU KNOW, HE DIDN'T SAY NOTHING TO ME. THE GUY THAT LIVES WITH MY SON, WHEN I SPOKE TO THE VERY FIRST DAY. OH, YEAH.
I DIDN'T HEAR ANYTHING ABOUT THAT, MR. ROBERT. USUALLY PRETTY GOOD ABOUT GETTING IN CONTACT WHEN I DIDN'T HEAR ANYTHING BACK AND I DIDN'T. I THOUGHT THE PROBLEM WAS SOLVED, TO BE HONEST WITH YOU. WELL, BUT EVIDENTLY HE'S RIGHT. I'M FIXING TO BRING IT TO A SCREECHING HALT. OKAY, I UNDERSTAND, SO I'M GOING TO FIND THAT THE PROPERTY, LOCATED AT 3901 WEST 26TH STREET, IS IN THE UNINCORPORATED AREA, BAY COUNTY, AND SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE NOTICE IS GIVEN TO THE RESPONDENT. HE HAS APPEARED AND TESTIFIED ALONG WITH HIS SON AND EXPLAINED THE. THE MATTERS CONTAINED IN THERE IN THE PHOTOGRAPHS AND. CONCEDES THAT THERE IS A VIOLATION ON THE PROPERTY. THERE IS A VIOLATION
[00:35:02]
OF 17.2 IN THE FORM OF NUISANCES, THE FORM OF DERELICT VESSELS, JUNK, TRASH, DEBRIS, UNUSED OR UNSCREENED PERSONAL PROPERTY. AND THAT'S SUPPOSEDLY SUPPOSED TO BE ALL CLEANED UP AGAIN, PLEASE. IT'S CLEANED UP IN THE FORM OF OVERGROWTH. IF THAT OVERGROWTH REOCCURS, IT WILL BE A REPEAT VIOLATION. THERE IS. TIME TO CORRECT IT. IT WILL BE TEN DAYS. YOU'VE GOT TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING AND LAWFULLY DISPOSING OF ANY AND ALL JUNK, TRASH AND DEBRIS. REMOVE THE UNSCREENED OR UNUSED PERSONAL PROPERTY, EITHER BY SCREENING IT FROM PUBLIC VIEW OR STORING IT IN AN ENCLOSED STRUCTURE OR REMOVING IT FROM THE PROPERTY. REMOVE ALL BUT ONE DERELICT VESSEL AND OR VEHICLE. IT'S YOUR RESPONSIBILITY TO CONTACT AND INFORM CODE ENFORCEMENT OF THE PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF YOU FAIL TO BRING THE PROPERTY INTO COMPLIANCE WITHIN THE TEN DAYS, THERE WILL BE AN INITIAL FINE OF $200 AND A DAILY FINE OF $25 TO BE IMPOSED AFTER THE 10TH DAY, AND THAT SHALL RUN FOR A PERIOD OF 20 DAYS, OR UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICHEVER SHALL OCCUR FIRST. IT SHALL BE YOUR RESPONSIBILITY TO NOTIFY CODE ENFORCEMENT THAT THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE. SO TO ALLOW FOR AN INSPECTION. IN ORDER TO STOP THE FINE FROM RUNNING, THE FINE WILL BECOME A LIEN ON THE REAL AND PERSONAL PROPERTY OWNED BY THE RESPONDENT AND LOCATED IN BAY COUNTY. YOU ARE NOW ON NOTICE. I UNDERSTAND THAT THIS GOTTA BE GONE WITHIN TEN DAYS. I UNDERSTAND, AND SO THE BALL'S IN YOUR COURT AND YOU'VE GOT TO KEEP CODE ENFORCEMENT NOTIFIED ABOUT WHAT'S GOING ON. I UNDERSTAND. ALL RIGHT. ONE QUESTION, IF I CAN, WHILE I'M HERE, WAS TALKING ABOUT A FENCE AND SOMEBODY KEEPS SAYING YOU CAN'T PUT UP NO MORE THAN A FOUR FOOT FENCE. IS THAT CORRECT? PASSED THE HOUSE. OH, IN THE FRONT. IN THE FRONT. NOW, I DON'T KNOW WHO KIND OF MADE THIS THING UP HERE, BUT I DON'T MAKE A LOT OF SENSE TO ME FOR A COUPLE OF REASONS. ONE, A FOUR FOOT FENCE. YOU CAN'T KEEP A DOG IN IT AND YOU CAN'T KEEP ANYBODY OUT ON THE FOUR FOOT. WHAT IS THE PROBLEM WITH HAVING A SIX FOOT FENCE SO EVERYBODY CAN'T LOOK INTO THE PROPERTY TO BEGIN WITH, AND YOU CAN KEEP A DOG IN THE YARD AND KEEP PEOPLE STEALING STUFF. I DON'T UNDERSTAND THAT COMPLIANCE THERE. I'M NOT HERE TO EXPLAIN IT. I'M JUST TELLING YOU WHAT IT IS AND YOU CAN'T HAVE IT IN FRONT OF THE I THINK IT'S IN FRONT OF THE HOUSE.YEAH. WELL, BECAUSE I LIVE ON THE CORNER DOES THAT. THAT JUST MEANS ON THE 26TH STREET, SOMEBODY ELSE. AND YOU HAVE TO MAKE SURE THAT THE FENCE THAT YOU PUT UP IS LEGAL. OKAY. I'M NOT GOING TO TELL YOU HOW TALL IT CAN BE AND WHERE IT CAN GO AND ALL OF THAT. THAT'S SOMETHING THAT YOU, AS THE HOMEOWNER, HAVE GOT TO DETERMINE THAT YOU ARE INSTALLING A LAWFUL FENCE. SO THAT'S, THAT'S IN YOUR COURT. I UNDERSTAND YOU CAN CHECK WITH PLANNING AND ZONING AND THAT WILL LET YOU KNOW, OKAY, I'M IN A FOUR FOOT FENCE. I DON'T MAKE NO SENSE TO ME. CORNER LOTS HAVE GOT SOME WEIRD RULES ABOUT THEM AND THINGS LIKE THAT. SO YOU JUST GOTTA, YOU GOTTA HAVE TO READ THE CODE AND SEE WHAT IT SAYS ABOUT FENCING ON ON CORNER LOTS. I UNDERSTOOD, OKAY, THAT'S IT. ALL RIGHT. COMPLIANCE HEARING JUNE WHAT? 18TH SIR. IT'S ON. IT'S ON OCTOBER 18TH. 13TH. THE 18TH. OKAY. BACK HERE. I'LL BE FINE.
I'LL BE IN TOUCH. OKAY. THANK. THANK YOU. OKAY. ITEM D, AS IN DAVID IS ALSO PRESENT. PROPERTY ADDRESS IS 2430 EAST 17TH STREET. WHICH ONE IS THIS? I'M SORRY. D AS IN DAVID. OKAY.
THANK YOU. SLIDE NUMBER TWO IS LOCATION PURPOSES. THE PROPERTY IS OUTLINED IN RED. IT IS IN THE UNINCORPORATED AREA OF BAY COUNTY CALLING ON CEDAR GROVE. YOU HAVE 15TH STREET ON THE BOTTOM AND NORTHEAST AVENUE AND SHERMAN AVENUE ON EITHER SIDE. CLOSER UP. AERIAL VIEW OF THE PROPERTY. ON MAY 21ST, 2025, INVESTIGATOR ROBERT CLARKSON OBSERVED THIS PROPERTY AND HE IS HERE TO TESTIFY. MORE MAGISTRATE ROBERT CLARKSON, BAY COUNTY CODE ENFORCEMENT I SUBMITTED MY EXHIBITS AND INVESTIGATIVE REPORT FOR THIS PROPERTY. AS MANAGER STATED, ON MAY 21ST, I WAS ON PATROL IN THE AREA OF CEDAR GROVE, AT WHICH TIME I OBSERVED THERE. ON SLIDE FIVE, A MOBILE HOME WITH OBVIOUSLY A VERY LARGE TARP ON FRONT OF THE STRUCTURE THAT
[00:40:05]
BELIEVES, YOU KNOW, LOOKS TO BE PRETTY WINDBLOWN, COULDN'T NECESSARILY SEE IF YOU KNOW ANY, ANY REALLY SIGNIFICANT DAMAGE UNDER THERE, BUT OBVIOUSLY A ROOF TARPS UP THERE FOR A REASON. SO AT THAT POINT, I FOUND THE PROPERTY WAS IN VIOLATION OF BEING A BLIGHTED STRUCTURE. I SENT AN INFORMAL LETTER TO THE PROPERTY OWNER OF RECORD, AND THE LETTER DESCRIBED THE VIOLATION AND ASKED THE PROPERTY OWNER TO CONTACT ME. ON JUNE 23RD, I RE-INSPECTED THE PROPERTY. AS YOU CAN SEE, OBVIOUSLY THE TARP IS STILL ON THE ROOF, SAID DISARRAY. I DID NOTICE THAT THERE IS TWO DERELICT VEHICLES IN THE BACK ON THE NEXT STREET BEHIND IT. YOU CAN TELL THE WHITE CAR DOESN'T HAVE A TAG AND OBVIOUSLY WITH THE OVERGROWTH IT HASN'T BEEN MOVED IN. THE BACK CAR DOESN'T HAVE A TAG. I DON'T KNOW IF IT'S OPERABLE, BUT THEY'RE NOT TAGGED, OBVIOUSLY, AND HAVEN'T BEEN MOVED THROUGH THE OVERGROWTH. SOME BOATS AND VESSELS, SOME YARD DEBRIS. BASED ON THIS, I SENT OUT A NOTICE OF VIOLATION TO THE OWNER OF RECORD CERTIFIED IN REGULAR MAIL TO 2430 EAST 17TH STREET. THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED AND WE HAVE NOT RECEIVED THE REGULAR MAIL NOTICE. ON JULY THE 17TH, I RECEIVED A CALL FROM THE PROPERTY OWNER, MISS KELLY WALKER. MISS WALKER ADVISED SHE DID GET THE NOTICE OF VIOLATION. STATED THAT OBVIOUSLY THE ROOF WAS DAMAGED DURING HURRICANE MICHAEL AND THEY HAD REPAIRED THE ROOF FROM THE STORM. AND THEN AS TIME HAS PROGRESSED SINCE THE STORM, I THINK, YOU KNOW, SHODDY ROOF WAS THROWN UP BY, YOU KNOW, ONE OF THESE FLY BY NIGHTS AND THEY HAD LEAKING AND DIDN'T REALLY DESCRIBE HOLES IN THE ROOF, JUST MINIMAL LEAKING THAT WAS COMING THROUGH. AND THAT'S WHY THEY HAD THE TARPS TOLD HER, OBVIOUSLY THE TARPS HAVE TO GO AND THEY NEED TO FIX THE ROOF, BUT OBVIOUSLY WILLING TO WORK WITH THEM ON THE PROPERTY AND DISCUSS THE OTHER VIOLATIONS. SEPTEMBER THE 29TH. THE PROPERTY IS REINSPECTED REMAINED VIOLATION. MOST OF THESE PICTURES ARE JUST GOING TO REALLY SHOW THE THE MOBILE HOME, BUT THE OTHER DERELICT VEHICLES AND JUNK IS STILL IN THE BACK. OCTOBER 6TH, REINSPECTED THE SAME. NOVEMBER 10TH. REINSPECTED PROPERTY VIOLATION. DECEMBER RE-INSPECTED PROPERTY IS STILL IN VIOLATION. JANUARY 20TH RE-INSPECTED PROPERTY WAS IN VIOLATION ON THE 29TH. I STOPPED BY THE HOUSE TO TRY TO MAKE CONTACT WITH THE PROPERTY OWNERS TO, YOU KNOW, TRY TO GET THEM TO MOVE FORWARD ON CORRECTING THIS. THEY WERE OUT OF TOWN AND I SPOKE TO THEIR SON AND I ASKED THEM TO, YOU KNOW, HIM TO HAVE ONE OF THEM CALL ME LATER IN THE DAY. MISS WALKER DID CALL ME, DISCUSSED THE VIOLATIONS AGAIN, AND PRETTY MUCH TOLD HER THAT IF YOU DON'T GET A PERMIT AND REMOVE THE TARPS, CORRECT THE VIOLATION, YOU KNOW, I'M GOING TO HAVE TO MOVE FORWARD AND SCHEDULE THIS FOR A HEARING. MARCH 3RD. RE-INSPECTED THE PROPERTY. IT REMAINED IN VIOLATION. APRIL 6TH. WE INSPECTED THE PROPERTY, REMAINED IN VIOLATION. THERE'S NOW ANOTHER PICTURE OF THE THE THE TWO PRIMARY DERELICT VEHICLES. THERE'S DEBRIS PILE TO THE LEFT. SLIDE 26. CLOSER. LOOK, I TRIED 27. I'LL TRY TO ZOOM IN, BUT AS YOU SHOW IS NOT A TAG ON THAT ONE VEHICLE. THAT'S FROM 16TH STREET. BASED ON THIS, I DID SEND OUT A NOTICE OF VIOLATION NOTICE OF HEARING FOR TODAY. I SEND IT CERTIFIED REGULAR MAIL TO 2430 EAST 17TH STREET. THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED. THE REGULAR MAIL NOTICE HAS NOT RETURNED. ON APRIL THE 13TH, MR. KELLY, THE PROPERTY OWNER, CALLED ME REGARDING THE NOTICE.HE EXPLAINED HE WOULD OBTAIN A PERMIT TO TO CORRECT THE THE ROOF ISSUES AND WOULD HAVE THE OTHER VIOLATIONS CORRECTED BEFORE MAY 13TH. APRIL 29TH. I POSTED THE PROPERTY AND INSPECTED THE PROPERTY. THE TARPING HAS NOW BEEN REMOVED. AS I STATED, I DIDN'T REALLY NOTICE ANY SIGNIFICANT HOLES OR CRACKS THAT WOULD MAKE ME TO THINK THERE IS A UNSAFE OR A CONTINUING BLIGHTED CONDITION. SO I CORRECTED THE VIOLATION OF BLIGHTED. THE OTHER OTHER ITEMS
[00:45:04]
STILL REMAIN. THERE IS A CLOSE UP VIEWS OF VEHICLES AND DEBRIS AGAIN. THE PROPERTY OWNERS HAVE OBVIOUSLY NOT CHANGED AND THE TAXES ARE DELINQUENT. FROM 2025 MAY 11TH WE INSPECTED THE PROPERTY AND IT REMAINS IN VIOLATION WITH THE VEHICLES AND JUNK AND DEBRIS. THIS CASE IS SCHEDULED FOR COMPLIANCE HEARING ON JUNE 18TH, 2026 AT 1 P.M. HERE AT THE BAY COUNTY GOVERNMENT CENTER. AND MR. MISS WALKER ARE HERE TODAY, AND I HAVE NO FURTHER TESTIMONY. I WILL COME FORWARD AND. HE'S GOING TO TALK FOR BOTH OF YOU. I CAN TALK, OKAY. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. MY NAME IS KELLY WALKER, AND MAILING ADDRESS IS 2430 EAST 17TH STREET. THE PROPERTY THAT YOU JUST VIEWED HERE? WHAT DO YOU WANT US TO KNOW? I HAVE BEEN IN COMMUNICATION WITH MR. CLARKSON. HE'S BEEN VERY NICE AND HELPFUL, AND I APPRECIATE THAT OUR ROOF WAS DAMAGED AFTER HURRICANE MICHAEL. MY HUSBAND PRE INJURY AND LOSING HIS LEG WAS A ROOFER AND HE GOT UP THERE AND CORRECTED SOME THINGS.UNFORTUNATELY, THERE'S A LITTLE BIT OF WATER STILL COMING IN TO THE HOME. WE PUT A TARP UP. IT WASN'T THE BEST TARP ABOUT THREE WEEKS IN THE SUN AND IT STARTED TO SHRED AND LOOKED HORRIBLE. IT'S SINCE BEEN REMOVED. HE'S PUT PATCHES ON THE ROOF. WE THINK THAT WE HAVE ELIMINATED THE LEAK, BUT WE ARE IN THE PROCESS OF CONSULTING WITH ROOFERS. WE WERE GOING TO PUT A METAL ROOF OVER IT. THAT WAS OUR ORIGINAL PLAN. WE'RE WAITING TO SEE IF THE LEAK IS STILL PRESENT, AND I'M GETTING QUOTES FOR ROOFERS TO SEE WHAT OUR OPTIONS ARE AT THIS POINT.
THAT'S WHERE WE STAND. CONSULTANT WITH BUILDER SERVICES ABOUT THIS. I DON'T KNOW WHEN YOU SAY PUTTING A METAL ROOF OVER IT. I DON'T KNOW WHAT THAT'S TALKING ABOUT, BUT THE RULES ABOUT MOBILE HOMES ARE REAL STRICT. SO WE'VE LEARNED NOT TO INTERRUPT. BUT THAT'S WHAT WE'VE LEARNED THAT IN THE FUTURE, JUST MAKE SURE YOU, YOU KNOW, DON'T THROW BAD MONEY AFTER GOOD SIR. YES, SIR. GOOD MONEY AFTER BAD. THEY SHOULD BE GOOD. THERE'S NO QUALMS ABOUT THE DIFFERENTIATION OF METAL AND SHINGLES, METALS A LITTLE LIGHTER AND PUTTING IT OVER TO ME AT ONE TIME, IF YOU'RE REPLACING, YOU HAVE TO TEAR DOWN THE SUBSTRATE. THE DECADE. YOU KNOW THAT. YES, SIR. BACK UP. SO. BUT JUST JUST BE CAREFUL WITH HIM ONE MORE TIME. THANK YOU. I APPRECIATE THAT THAT WAS ACTUALLY I HAD SOME CONVERSATIONS WITH THEM BECAUSE WE WERE GOING WE HAD SPOKE ABOUT PULLING THE PERMIT PRIOR TO THIS HEARING, AND I SPOKE WITH BUILDER SERVICES, AND I PRINTED OUT THE PACKETS AND IT HAD A LOT OF DETAILS. AND I WENT AS FAR AS GETTING QUOTES FROM BAKER'S METAL, AND THEY SENT OVER BUILDING, AND I WAS LIKE, LET'S WEIGH OUR OPTIONS HERE. THERE'S A LOT OF DETAILS.
JUST MAKE SURE YOU DO IT RIGHT. I MEAN, THANK YOU. THE WHAT ABOUT THE DERELICT VEHICLES? SO WE ARE IN THE PROCESS OF SELLING THOSE. ONE IS MY DAUGHTER, WHO JUST IT WAS HER FIRST CAR. SHE JUST PURCHASED HER OWN VEHICLE IN COLLEGE. NOW WE'RE TRYING TO HELP HER SELL THAT ONE. SO WE'VE LISTED THAT. THE OTHER IS MY SON. AND WE'RE TRYING TO HELP HIM SELL THAT ONE AS WELL. THERE IS ONE UNREGISTERED BOAT, SO WE HAVE TWO BOATS. ONE WASN'T PRESENT ON THE INITIAL PHOTOGRAPHS. THAT BOAT WAS ACTUALLY STORED AT MY HUSBAND'S PLACE OF EMPLOYMENT. UNFORTUNATELY, A MONTH AFTER OUR FIRST MEETING, MY HUSBAND LOST HIS JOB. SO THAT BOAT IS NOW AT OUR RESIDENCE. BUT IT IS TITLED AND REGISTERED. THE OTHER BOAT IN THE YARD ISN'T. HOWEVER, I HAVE THE TITLE AND ALL THE THINGS AND I WERE PLANNING TO PUT A STICKER ON THAT ONE. IT BELONGED TO MY FATHER, SO IT HAS SENTIMENTAL VALUE. AND WE HAVE PLANS TO BRING IN A SMALL ROLL OFF DUMPSTER TO GET RID OF SOME OF THE YARD DEBRIS THAT WAS DISCUSSED. THERE ARE SOME THINGS IN THAT AREA. WE DEFINITELY HAVE NEGLECTED IT.
POST-STORM. WE WE DID IT AROUND IT, MOWED AROUND IT. AND OBVIOUSLY THE EARTH. YOU SAW
[00:50:01]
THE PICTURES, BUT WE HAVE PLANS TO CLEAN THAT UP, THROW AWAY THE THINGS THAT ARE NO GOOD AND MOVE THE THINGS THAT ARE INTO OUR SHED ON THE PROPERTY. THIS IS A BEEN GOING ON RIGHT AT ONE YEAR. YES, SIR. SO. I'M GOING TO GIVE YOU AN ENCOURAGEMENT TO SPEED UP YOUR PLANS I GUESS IS THE BEST WAY TO PUT IT. I'M GOING TO FIND THAT THE. WELL, ANYBODY ELSE HAVE ANYTHING ELSE? OKAY. I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 2430 EAST 17TH STREET, IS IN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17.THE CODE NOTICE WAS GIVEN TO THE RESPONDENT. THEY HAVE APPEARED AND TESTIFIED IN THIS MATTER, BEEN AFFORDED THE OPPORTUNITY TO GIVE EXPLANATION AS TO THE ISSUES INVOLVED.
THERE IS A VIOLATION OF 1702 IN THE FORM OF DERELICT VEHICLES AND JUNK AND DEBRIS ON THE PROPERTY. THE. RESPONDENT SHALL HAVE A PERIOD OF TEN DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING ANY AND ALL JUNK REGISTER, SHELTER OR REMOVE ALL BUT ONE DERELICT VEHICLE. IF THE RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE CODES, ORDINANCES ETC. WITHIN TEN DAYS OF THE EFFECTIVE DATE OF THE ORDER, THE RESPONDENT WILL BE FINED AN INITIAL FINE. I'M GOING TO REDUCE THAT TO $100 AND A DAILY FINE OF $15 TO BE IMPOSED AFTER THE 10TH DAY FOR A PERIOD OF 20 DAYS, OR UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICHEVER SHALL OCCUR FIRST. IT IS A RESPONSIBILITY OF THE RESPONDENT TO NOTIFY CODE ENFORCEMENT AND CALL FOR AN INSPECTION TO APPROVE THE ISSUE OF COMPLIANCE, IN ORDER FOR THE FINE TO STOP THE RESPONDENT OR THIS. IF THERE IS A FINE IMPOSED, THAT FINE WILL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL. LOCATED HERE IN BAY COUNTY, IT'S THE RESPONDENT'S RESPONSIBILITY TO KEEP CODE ENFORCEMENT NOTIFIED OF THE PROGRESS OR DELAYS ABOUT BRINGING THE PROPERTY INTO COMPLIANCE. ANYTHING ELSE? NO. YOUR HONOR, WILL WE RECEIVE A COPY OF OF THIS? WHAT WAS JUST.
OKAY. THANK YOU. AND JUST TO BE CLEAR, THE AS FAR AS THE LEAGUE IS CONCERNED, BY REMOVING THE TARP, IT'S NO LONGER CONSIDERED BLIGHTED. I DON'T LIKE THE ROTATION. BUT IF THE TARP IS RENEWED THAT'S BEEN CORRECT. SO IT IS. SO OUR MAIN FOCUS IS TO CARS IN THE YARD, THE CARS IN THE JUNK CARS IN THE YARD AND THE THE JUNK DEBRIS JUNK, THAT SORT OF STUFF. YOU ARE ALLOWED ONE DERELICT VESSEL OR VEHICLE. SO YOU GET THE VESSEL STICKERS TODAY AND DERELICT CORRESPOND.
THIS HAS GOT TO GET RID OF IT. OKAY, OKAY. THANK YOU, YOUR HONOR. THANK YOU. APPRECIATE YOU COMING IN AND WORKING ON IT. THANK YOU, THANK YOU. Y'ALL HAVE A GOOD DAY. NEXT ITEM THAT IS PRESENT IS ITEM E. PROPERTY ADDRESS IS 6513 PINE DRIVE. FIRST HEARING. STARTING WITH SLIDE NUMBER TWO IS AN AERIAL VIEW. FOR LOCATION PURPOSES, PROPERTY IS OUTLINED IN GREEN DOT. IT IS IN THE UNINCORPORATED AREA OF PANAMA CITY BEACH BOULEVARD. WE HAVE PUBLIX AND MAGNOLIA BEACH. THIS PHOTO WAS TAKEN IN DECEMBER 5TH. THIS IS A CLOSER UP AERIAL VIEW OF THE PROPERTY. AND ON MARCH 20TH, 2026, INVESTIGATOR BRANDON IRWIN OBSERVED THIS PROPERTY AND. HE COULD NOT BE HERE TODAY. BUT HIS SUPERVISOR, SENIOR INVESTIGATOR TIM JUSTICE, IS GOING TO TESTIFY ON HIS BEHALF. GOOD MORNING, MAGISTRATE TIM JUSTICE, BAY COUNTY CODE ENFORCEMENT INVESTIGATOR IRWIN HAS SUBMITTED HIS INVESTIGATIVE REPORT. FOR THE RECORD. HIS PHOTOGRAPHS AND NOTICES ARE ALSO ATTACHED. ON THE 20TH OF MARCH 2026, INVESTIGATOR BRANDON IRWIN OBSERVED THIS PROPERTY WHILE PATROLLING THE UNINCORPORATED AREA OF BAY COUNTY, COMMONLY KNOWN AS PANAMA CITY BEACH. HE INSPECTED THE PROPERTY AND FOUND IT TO BE IN VIOLATION OF BAY COUNTY LAND DEVELOPMENT REGULATIONS.
SECTION 3004 PROHIBITED SIGNS IN THE FORM OF A PROHIBITED ON PREMISE FENCE SIGN. PHOTOGRAPHS
[00:55:04]
OF THE PROPERTY ARE INTRODUCED INTO EVIDENCE AS EXHIBIT A AND CONTAINED IN THE CASE FILE. THE HOUSE. THE ADDRESS IS DIRECTLY IN THE BACKGROUND. THIS SIGN WAS PLACED ON THE INSIDE OF THE NEIGHBOR'S PRIVACY FENCE, COMPLAINING ABOUT A DRAINAGE ISSUE. I DO BELIEVE IT'S HARD TO READ. THE PROPERTY OWNER WAS CONTACTED, MR. EDWARD BATT, AND HE WAS ADVISED OF THE VIOLATION.HE ASKED MR. BADASS WHAT STATUE DID HIS VIOLATION, AND HE WAS INFORMED THAT VIOLATES BAY COUNTY LAND DEVELOPMENT REGULATION CHAPTER 30, SECTION 3004. HE ASKED ABOUT THE COMPLAINT THAT HE HAD ORIGINALLY FILED ON THE NEIGHBORING PROPERTY AT 6517 PINE DRIVE. HE HAD FILED A COMPLAINT, REFERENCED DRAINAGE ISSUES. YOUR MAGISTRATE INVESTIGATOR, IRWIN ADVISED HIM THAT INSPECTOR THORPE WAS HANDLING THAT CASE AND PROVIDED HIM WITH THE CURRENT CASE STATUS. HE SAID HE WILL REMOVE THE SIGN ONCE THE COMPLAINT HE MADE IS IN COMPLIANCE. HE BEGAN STATING THAT THE NEIGHBORING PROPERTY WASN'T WHAT THE NEIGHBORING PROPERTY WAS IN VIOLATION OF. INVESTIGATOR IRWIN AGAIN ADVISED THE PROPERTY OWNER THAT HE WAS NOT ASSIGNED THIS CASE AND THIS IS A SEPARATE ISSUE. INVESTIGATOR IRWIN ADVISED HIM, I DO NOT KNOW WHAT THE VIOLATIONS ARE THAT MAY NEED TO BE CORRECTED ON THE COMPLAINT HE MADE, BUT REMOVING THE SIGN IS AN EASY FIX, HE STATED. HE WILL JUST COVER IT UP WITH A SHEET AND REMOVE IT DURING THE DAY. INVESTIGATOR IRWIN ADVISED HIM THAT WOULD NOT CORRECT THE VIOLATION HE WAS PROVIDED HIM. HE WAS PROVIDED A VERBAL NOTIFICATION TO REMOVE THE SIGN WITHIN FIVE DAYS, WITH HIS NEXT REINSPECTION DATE BEING ON MARCH THE 25TH. INVESTIGATOR IRWIN ADVISED THE PROPERTY IS NOT IN COMPLIANCE WITH THIS DATE. A NOTICE OF VIOLATION WOULD BE MAILED. MR. BATT'S REPLY WAS, I'M LOOKING FORWARD TO IT. LATER ON THIS DATE, I. INVESTIGATOR JUSTICE CONTACTED MR. BATT AND INFORMED HIM OF THE VIOLATION AND WHAT NEEDED TO BE OCCURRED FOR COMPLIANCE. MR. BATT SEEMED TO BE MORE CONCERNED WITH THE COMPLAINT THAT HE HAD ORIGINALLY FILED ON THE NEIGHBORING PROPERTY AT 6517 PINE DRIVE. WHEN MR. BATT WAS INFORMED THIS CASE HAD BEEN CLOSED, HE REQUESTED A COPY OF THE PHOTOGRAPHS THAT HAD BEEN EMAILED BY THE ENGINEER. ON THE 25TH OF MARCH 2026, INVESTIGATOR IRWIN RE-INSPECTED. THE PROPERTY AND THE SIGN HAD BEEN REMOVED FROM THE FENCE, BUT NOW WAS ERECTED ON A BASKETBALL GOAL. INVESTIGATOR IRWIN EMAILED BAY COUNTY PLANNING AND ZONING MANAGER WAYNE PORTER VERIFYING THAT THE SIGN WAS STILL IN VIOLATION.
THE SIGN IS NOW IN VIOLATION OF BAY COUNTY LAND DEVELOPMENT REGULATION SECTION 3007, CONCERNING AN ON PREMISE SIGN STANDARD. THE SIGN DOES NOT MEET AN EXEMPTION NOTED IN SECTION 3003 AND VIOLATES THE ON PREMISE SIGN STANDARDS DUE TO THE SQUARE FOOTAGE OF THE SIGN FACE AND SIGN HEIGHT. ONE ON PREMISE PERSONAL IDENTIFICATION SIGN IS ALLOWED, BUT THE SIGN CANNOT EXCEED. TWO SQUARE FEET SIGN AREA AND THREE FEET IN SIGN HEIGHT, AS ADVISED IN BAY COUNTY LAND DEVELOPMENT REGULATION SECTION 3003 EXEMPTIONS NUMBER 11. AFTER RECEIVING THE EMAIL FROM MR. PORTER, I CONTACTED MR. BATT AND LEFT A VOICEMAIL REQUESTING A TELEPHONE CALL REGARDING THE PROPERTY IS STILL IN VIOLATION. ON MARCH 26TH, 2026, JEFF JAEGER, THE NEIGHBOR TO THE PROPERTY, CALLED FILING AN ADDITIONAL COMPLAINT.
INVESTIGATOR IRWIN ADVISED MR. YEAGER THERE WAS AN OPEN CASE REGARDING THE SIGN. MR. JAEGER INFORMED INVESTIGATOR IRWIN THAT AN ADDITIONAL SIGN HAD BEEN PLACED ON THE PROPERTY.
INVESTIGATOR IRWIN INSPECTED THE PROPERTY AND IDENTIFIED A STOP SIGN THAT HAD BEEN LOCATED.
YOU SEE THE STOP SIGN OUT BY THE RIGHT OF WAY? INVESTIGATOR IRWIN REMOVED THAT SIGN FROM THE RIGHT OF WAY ON MARCH 27TH, 2026, A NOTICE OF VIOLATION WAS SENT, CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD USING THE ADDRESS 6513 PINE DRIVE, PANAMA CITY BEACH, FLORIDA. ACCORDING TO THE BAY COUNTY PROPERTY APPRAISER'S DATABASE, THE CERTIFIED MAIL WAS RETURNED UNCLAIMED. THE NOTICE. THE REGULAR NOTICE MAIL HAS NOT RETURNED. APRIL THE 7TH.
THE REINSPECTION OCCURRED. THE PROPERTY REMAINED IN VIOLATION. APRIL THE 9TH. THE NOTICE OF VIOLATION NOTICE OF HEARING WAS SENT CERTIFIED IN REGULAR MAIL TO THE OWNER OF RECORD USING THE ADDRESS 6513 PINE DRIVE, PANAMA CITY BEACH, LISTED IN THE BAY COUNTY PROPERTY APPRAISER'S DATABASE. ACCORDING TO THE UNITED STATES POSTAL SERVICE TRACKING DATABASE. THE NOTICE WAS PICKED UP AT THE POST OFFICE ON THE 22ND OF APRIL 2026. A COPY OF THE NOTICE VIOLATION NOTICE OF HEARING WAS SENT REGULAR MAIL TO THE LENDER, WHICH IS THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT. ON THE 23RD OF APRIL 2026. A COPY OF THE NOTICE WAS POSTED AT THE PROPERTY ON THE 29TH OF APRIL 2026. A COPY OF THE NOTICE OF HEARING WAS POSTED AT THE BAY COUNTY GOVERNMENT CENTER ON MAY THE 7TH. INVESTIGATOR, IRWIN RE-INSPECTED THE PROPERTY. IT REMAINED IN VIOLATION. A CHECK OF THE BAY COUNTY PROPERTY
[01:00:03]
APPRAISER'S DATABASE AND TAX COLLECTOR'S DATABASE SHOWS THE PROPERTY OWNERSHIP HAS NOT CHANGED AND THE TAXES ARE PAID IN FULL. THIS CASE IS SCHEDULED FOR A COMPLIANCE HEARING ON JUNE 18TH, 2026 AT 1 P.M. THE RESPONDENT AND THE COMPLAINANT ARE ALSO PRESENT TODAY. THAT CONCLUDES MY TESTIMONY AT THIS TIME. OKAY, THE LITTLE SIGN IS GONE. YES, SIR. IT IS ALL RIGHT.MR. BAT. YES, SIR. TELL US YOUR NAME AND GIVE US A GOOD MAILING ADDRESS. EDWARD BAT, 6513 PINE DRIVE. ALL RIGHT. WHAT DO YOU WANT US TO KNOW? THE SIGN PRETTY MUCH SAYS IT ALL, YOUR HONOR. IT'S. THERE ARE VIOLATIONS THAT ARE CURRENTLY IN AND STILL GOING ON ON A DAILY BASIS AT 6517 PINE DRIVE, SPECIFICALLY IN REGARDS TO PREEXISTING DRAINAGE ON THAT LOT AND STORMWATER RUNOFF. OKAY, WE'RE NOT HERE ABOUT THE NEXT OR THE NEXT DOOR NEIGHBOR, WHATEVER IT IS, THE 17TH, WE'RE HERE ABOUT YOUR PROPERTY. AND THAT AFFECTS MY PROPERTY, SIR.
WELL, WHAT WE'RE HERE ABOUT A VIOLATION RELATED TO THE SIGN. SURE. HOW DO YOU WANT TO RESPOND TO THAT? WHAT DO YOU MEAN? HOW DO I WANT TO RESPOND TO THAT? WELL, DO YOU WANT TO SAY THAT IT'S NOT IN VIOLATION OR DO YOU WANT TO? WELL, I THINK IT'S KIND OF HUMOROUS.
AND I HATE TO TO SAY THAT, BUT THAT SIGN WAS PUT ON MY FENCE FACING THE PROPERTY THAT HAS EXISTING BAY COUNTY LAND DEVELOPMENT REGULATIONS, VIOLATIONS BY THE BUILDER AND THE SELLER, JEFF GAGER. SO I WAS TOLD TO TAKE IT DOWN. I ASKED MR. JUSTICE WHEN I GOT THE PHONE CALL AND CALLED HIM BACK. SO YOU MEAN TO TELL ME THAT I CAN'T PUT A SIGN ON MY FENCE? HE SAID, NO, YOU CAN'T. I SAID, YOU MEAN TO TELL ME IF IT'S IN MY YARD ON TWO POSTS? THEN IT'S PERFECTLY LEGAL? HE SAID ABSOLUTELY IT WOULD BE. SO I TOOK IT OFF THE FENCE ON THE DAY THAT I WAS SUPPOSED TO TAKE IT OFF THE FENCE, I PUT IT IN MY YARD AS I WAS TOLD IT WOULD BE PERFECTLY LEGAL IN MY YARD. IT IS IN MY YARD. IT IS NOT ON MY FENCE. SO NOW YOU UNDERSTAND THE CONCEPT OF THE SIZE OF IT. WHEN HE EXPLAINED TO YOU THAT THAT'S WHAT MADE IT IN VIOLATION, WELL, IT NEEDS TO BE READABLE TO WHAT YOU NEED TO BE ABLE TO READ IT, SIR. WELL, IF IT'S TOO BIG, YOU'RE OUT OF LUCK, I'M AFRAID. YEAH. IT'S READABLE. RIGHT. ANYTHING ELSE? I DON'T KNOW WHAT YOU'RE ASKING ME, SIR. WELL, IF YOU DON'T HAVE ANYTHING ELSE TO SAY, THAT'S FINE. I MEAN, YOU'RE WELCOME TO SIT DOWN AT THIS POINT, I DO. I MEAN, I CALLED CODE ENFORCEMENT. I CALLED THE HEAD OF BAY COUNTY DEVELOPMENT. I CALLED, YOU KNOW, EVERYBODY WAS TALKING ABOUT YOUR PROPERTY OR THE OTHER PROPERTY TALKING ABOUT MY PROPERTY BECAUSE IT CONCERNS MY PROPERTY. ALL RIGHT. LET ME PUT IT THIS WAY. ARE WE TALKING ABOUT THE VIOLATION YOU ALLEGED TO HAVE OCCURRED ON ANOTHER PARCEL OR SOME VIOLATION THAT IS ALLEGED TO HAVE OCCURRED ON YOUR PROPERTY? IT'S OCCURRING ON MY PROPERTY BECAUSE STORM WATER RUNOFF IS BEING DIVERTED OVER PROPERTY LINES ONTO MY PROPERTY VIOLATION OCCURRING ON ANOTHER PIECE OF PROPERTY. ASSUMING THAT YOU'RE ALLEGATIONS ARE CORRECT. I'M TALKING ABOUT VIOLATIONS THAT ARE OCCURRING ON THE PARCEL LOCATED AT 6513 PINE DRIVE. SO WHEN I CALLED CODE ENFORCEMENT TO MAKE THEM AWARE OF VIOLATIONS TO THE BAY COUNTY LAND DEVELOPMENT REGULATIONS, THEY ROLLED BY, STOPPED IN THE STREET, DID NOT EVEN LOOK AT THE VIOLATIONS, TOOK A PICTURE OF MY SIGN AND DID THEIR JOB. OKAY. ALL RIGHT. SO THERE'S NOTHING ELSE ABOUT THE SIGN THAT THIS IS THE CASE THAT WE'RE HERE ABOUT. IS THE SIGN. OKAY. ANYTHING ELSE YOU WANT TO TELL ME ABOUT THE SIGN? DID YOU READ THE SIGN? YEAH. DID YOU? WHAT DOES IT SAY? YOUR HONOR, I WE'RE NOT PLAYING GAMES HERE. I'M NOT PLAYING A GAME. YOUR HONOR. I'M ASKING YOU IF YOU HAVE ANYTHING ELSE TO SAY. NO, SIR. THEN SIT DOWN. THANK YOU. SIR. OKAY. THE COMPLAINANT IN THIS CASE. JUST TO CLARIFY THE RECORD, WE DID NOT HAVE AN OPEN CASE ON THIS.
THE ON THE ON HIS ALLEGED VIOLATIONS OF THE LDR FOR THE DRAINAGE. THERE WAS NO VIOLATION BY THE ENGINEERS. FIXED IT. IT NEVER GOT TO THE CODE ENFORCEMENT LEVEL. OKAY,
[01:05:01]
OKAY. TELL US YOUR NAME. YES, SIR. MY NAME IS WILLIAM JEFF GAUGER, GAGER. I LIVE AT 4213 JAN COOLEY DRIVE ON THE BEACH. OKAY. WHAT DO YOU WANT US TO KNOW? MR. YES, SIR, I APPRECIATE IT, YOUR HONOR. I'M GOING TO BE VERY SHORT, BUT. BUT I JUST NEED TO LET YOU KNOW WITH THIS SIGN, THIS WAS A BLATANT ATTEMPT OF MR. BATT TO INJURE ME. THE FIRST WORDS OUT OF HIS MOUTH WHEN I CALLED HIM ABOUT THE SIGN WAS THAT HE WAS GOING TO DO EVERYTHING HE COULD DO IN HIS POWER TO SABOTAGE THE SALE OF MY HOUSE. THAT WAS THE FIRST THING HE SAID TO ME, AND OUR CONVERSATION DIDN'T GO VERY FAR AFTER THAT, BECAUSE I REALIZED I WAS DEALING WITH A LOONEY TUNES. BUT YOU KNOW, THIS SIGN IS JUST FLAT OUT ILLEGAL AND IT'S DAMAGING. YOU KNOW, WHEN SOMEONE COMES UP TO THE HOUSE AND WANTS TO BUY THE HOUSE, I THINK EVERYBODY IN THIS ROOM KNOWS THAT WHEN YOU SEE SOMETHING LIKE THIS, YOU REALIZE, OH, WHOEVER WROTE THIS SIGN'S NOT ALL TOGETHER. AND THEY LAUGH AT THE SIGN, BUT THEY DON'T WANT TO LIVE NEXT DOOR TO A CRAZY PERSON. SO THIS SIGN IS ILLEGAL AND IT JUST SIMPLY HAS GOT TO COME DOWN.ALL THIS DRAINAGE ISSUE. HE'S TALKING ABOUT THESE LAST TWO STORMS. HE LOOKED LIKE A FOOL.
HE DIDN'T GET A DROP OF WATER ON HIS PROPERTY. I WENT OVER THERE JUST AS SOON AS THE RAIN QUIT. WE DID $6,700 WORTH OF REPAIRS. AND I KNOW THAT'S A SEPARATE ISSUE, BUT THAT'S WHAT HE'S THAT'S WHAT HE'S ABOUT. AND IT'S, YOU KNOW, I THINK YOU OUGHT TO PAY ME $6,700 FOR ALL THIS SIGN FENCE WORK THAT THE COUNTY SAID I DIDN'T EVEN HAVE TO DO. BUT ONCE AGAIN, LET'S GET BACK TO THE REGULAR ISSUE, YOUR HONOR, I WOULD APPRECIATE IT IF YOU WOULD REALIZE THAT THIS IS NOT JUST A SIGN SELLING GIRL SCOUT COOKIES. THIS IS A MALICIOUS ATTACK ON ME. THE LONGER THIS SIGN SITS UP HERE, PEOPLE SEE IT, REALIZE WHAT THEY'RE DEALING WITH, AND THEY DON'T WANT TO LIVE NEXT DOOR TO SOMEBODY LIKE THAT. I WOULD APPRECIATE YOU GETTING WHATEVER NEEDS TO BE DONE TO EITHER GET THIS SIGN DOWN, FIND THIS MAN AS MUCH AS YOU CAN FIND HIM, BECAUSE THIS IS WRONG. THIS IS WRONG, AND IT'S BEEN WRONG FOR ME FOR MONTHS, AND I'VE DONE EVERYTHING THE COUNTY ASKED ME TO DO. THE COUNTY MANAGER ON DOWN HAS CLEARED ME. EVERYTHING IS PERFECT AND I'VE GONE ABOVE AND BEYOND. THANK YOU SIR, I APPRECIATE IT. OKAY, YOUR HONOR, NO. BE QUIET. JUST A MINUTE. AS IT RELATES TO THE DRAINAGE ISSUE, WHO'S IN CHARGE OF ALL OF THAT? THAT WAS IT WAS ALL HANDLED THROUGH PLANNING AND ZONING. OKAY, COME ON UP AND TELL US WHAT YOU KNOW ABOUT THE SITUATION HERE. SO LOOKING AT THE CASE EARLIER, LET GET UP HERE WHERE YOU CAN BE ON THE RECORD AND TELL US WHO YOU ARE AND ALL THAT. CHARLIE MCDERMOTT, LICENSED TRADE INVESTIGATOR, ALSO PERMIT TECHNICIAN. SO I LOOKED AT THE ADDRESS 6517 FOR THE NEW CONSTRUCTION OF THE OF THE PROPERTY. AND THERE WERE DRAINAGE ISSUES. AND ON FEBRUARY 26TH, WAYNE PORTER, WHO IS THE DIRECTOR OF PLANNING AND ZONING DRAINAGE ISSUE, HAS BEEN RESOLVED OKAY FOR KO. SO AND THERE ARE PICTURES IN THAT FILE WHERE IT SHOWS HOW HE PUT IN FRENCH DRAINS AND DID ALL THE WORK TO TO MAKE SURE THE DRAINAGE ISSUE WAS CORRECTED.
SO HE WAS ISSUED A KO AFTER THE DRAINAGE ISSUE WAS CORRECTED. SO IT WAS APPROVED BY THE BUILDING DEPARTMENT AND BY PLANNING AND ZONING. OKAY. SO THE COUNTY HAS CLEARED HIM AS IT RELATES TO DRAINING DRAINAGE ISSUES. THAT'S CORRECT. OKAY. THANK YOU VERY MUCH. ALL RIGHT.
WHAT DO YOU WANT TO SAY? IF IT'S ABOUT YOUR PROPERTY, WE'RE NOT HERE. WE'RE NOT HERE TO TALK ABOUT. I UNDERSTAND, SIR. 17 I UNDERSTAND, SO I WOULD JUST LIKE TO RESPOND TO WHAT MR. GAGER JUST SAID. THAT I'M A LUNATIC AND HOW I BEHAVED, THAT IS. SIR, THAT'S NOT. I'M NOT HERE TO DECIDE WHETHER YOU'RE A LUNATIC, SIR. IF YOU IF YOU WANT TO TALK ABOUT THE VIOLATION ITSELF, WE'LL TALK ABOUT THAT. BUT WE'RE NOT GOING TO TALK ABOUT MENTAL HEALTH ISSUES, I DO ANYTHING ELSE? I WOULD LIKE TO SPEAK TO THAT ISSUE, SIR. WHAT WHAT WHAT ISSUE? TO MY SIGN. TO YOUR TO WHAT? TO THE SIGN. OKAY. THE REASON I'M HERE, NOTHING ELSE.
SO I MET MR. GAGER AND I CALLED HIM BECAUSE THE BUILDER OF THE HOUSE NEXT TO ME, WHEN I GOT HIS PHONE NUMBER, HE GAVE ME HIS PHONE NUMBER TO CALL HIM. HE SAID, HE'S THE MAN WHO PAYS ME TALK TO HIM. HE CAME OUT TO THE PROPERTY AND TOURED IT WITH MY NEIGHBOR, BILL DORSEY, WHO DID MR. GAGER. OKAY, SO I WALKED HIM. I EXPLAINED TO HIM THE VIOLATIONS THAT WERE THERE, WHAT WAS HAPPENING TO STORMWATER RUNOFF. I WALKED HIM AROUND THE PROPERTY, SHOWED HIM THE VIDEOS THAT I SUBMITTED TO THE DRAIN ENGINEER. I SHOWED HIM THE PICTURES. HE SAID, UNDERSTAND THAT THE COUNTY HAS CLEARED HIM. I DO UNDERSTAND THAT, SIR. THEY SHOULDN'T HAVE.
WELL, AND AND FOR ME TO. AND THE DRAIN ENGINEER THROUGH TEXT AND EMAIL AGREES WITH ME. SO
[01:10:01]
WHY HE SIGNED OFF ON THE CLAY WITH SOMEBODY ELSE ABOUT SOME OTHER VIOLATION. BUT THAT DOESN'T HAVE ANYTHING TO DO. YES, SIR. I WOULD JUST LIKE TO. CAN I JUST FINISH? PARDON? CAN I JUST FINISH TO. TO WHAT ABOUT THAT. NO. SO MR. GAGER MET WITH ME AND MY NEIGHBOR. IS THIS A SIGN THAT YOU'RE TALKING ABOUT THE SIGN? THE SIGN WAS PUT UP. YES, SIR. SO I EXPLAINED TO HIM.I EXPLAINED TO HIM THE INFORMATION ON THE SIGN AND WHY IT WAS UP. HE TOURED. WE'RE NOT TALKING ABOUT DRAINAGE ISSUE AT ALL. WE'RE NOT. I'M NOT. OKAY. I'M TALKING ABOUT SPECIFICALLY THE SELLER, MR. GAGER, AND HIS INTERACTION WITH ME. WHAT DOES THAT HAVE TO DO WITH THE SIGN? IT'S THE REASON THE SIGN IS UP, SIR. YOU CAN SEE THAT THE SIGN IS UP. CORRECT? YOU CAN SEE THE SIGN UP. OKAY, BUT BUT BUT TO INSINUATE THAT IS MALICIOUS, THAT IT IS ANYTHING. IT IS NOT ANYTHING OTHER THAN WHETHER IT'S MALICIOUS OR NOT. IT IS TO MR. GAUGER, BUT NOT TO ME. YOU HAVE GOT A SIGN THAT IS IN VIOLATION OF THE CODE PERIOD. YOU CONCEDE THAT IT'S UP.
PERIOD. DISCUSSION IS OVER. HAVE A SEAT, SIR. THANK YOU SIR. OKAY. BASED ON THE TESTIMONY THAT I'VE HEARD AND THE PHOTOGRAPHS THAT I'VE SEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 6513 PINE DRIVE, IS IN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 30 OF THE LAND DEVELOPMENT REGULATIONS. NOTICE WAS GIVEN TO THE RESPONDENT. HE HAS BEEN ALLOWED TO TESTIFY AND OFFER TESTIMONY RELATED TO THE ALLEGED VIOLATION. ADDITIONALLY, WE HAVE RECEIVED TESTIMONY FROM THE COMPLAINANT. IN THIS CASE, THERE IS A VIOLATION OF BAY COUNTY LAND DEVELOPMENT REGULATION SECTION 30307. FORM OF A RESIDENTIAL ON PREMISE SIGN THAT IS NOT EXPRESSLY EXEMPTED UNDER THE PROVISIONS OF CHAPTER 303 OF THE LAND DEVELOPMENT REGULATIONS, THE RESPONDENT OR YES, THE RESPONDENT SHALL HAVE A PERIOD OF TEN DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING THE PROHIBITED SIGN. IF THE. RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING THAT SIGN WITHIN THE TEN DAYS, THERE WILL BE AN INITIAL FINE OF $200 AND A DAILY FINE OF $25 TO BE IMPOSED AFTER THE 10TH DAY, AND THAT SHALL RUN FOR A PERIOD OF 25 DAYS, OR UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE, WHICHEVER SHALL OCCUR FIRST. IT IS THE RESPONSIBILITY OF THE RESPONDENT TO NOTIFY CODE ENFORCEMENT THAT THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE AND CALL FOR AN INSPECTION IN ORDER FOR THE FINES TO CEASE. THE FINES IMPOSED PURSUANT TO THIS ORDER WILL BECOME A LIEN ON THE REAL AND PERSONAL PROPERTY OF THE RESPONDENT, WHICH IS LOCATED IN BAY COUNTY. THERE WILL BE A COMPLIANCE HEARING ON JUNE 18TH AT 1 P.M. MR. MAGISTRATE, JUST SO I CAN. I WOULD LIKE TO REQUEST THAT WE ADD THAT HE CAN REMOVE THE SIGN OR HE CAN REDUCE THE SIZE AND HEIGHT OF THE SIGN TO MAKE THE ADDRESS. YOU GOT TO YOU'VE GOT TO LOWER IT AND YOU'VE GOT TO REDUCE THE SIZE. CORRECT. OKAY. OR HE CAN JUST REMOVE IT, HIS CHOICE.
OKAY. ALL RIGHT. THAT THAT WILL BE THAT WILL BE FINE, BUT IT WILL HAVE TO BE IN COMPLIANCE BOTH AS TO HEIGHT AND SIZE. YEAH. THERE WAS ALSO A TYPO. IT SAYS REFINING FOR 25 DAYS GAVE IT 25 DAYS. THAT'S FINE. BUT USUALLY WE WORK IN 30 DAYS. SO IT WOULD BE A 2020 DAY FINE.
YES, I RUN FOR 20 DAYS. OKAY. YEAH. COMPLIANCE SHALL IN NO WAY BE CONSIDERED TO CONSTITUTE A DEFENSE AS TO ANY ACTION THAT MR. GAUGER MIGHT HAVE IN CIVIL COURT AGAINST MR. BATES, EITHER.
[01:15:02]
SO THE MERE COMPLIANCE, IF HE'S IF MR. GAUGER WANTS TO INSTITUTE CIVIL LITIGATION, THAT'S UP TO HIM. BUT WE'RE NOT GOING THERE. I'M NOT I'M NOT ISSUING A PROTECTIVE ORDER AS IT RELATES TO THE SIGN. YOU UNDERSTAND THAT THE CONTENT OF THAT SIGN. SO IF YOU CALLED MR. BADGER OR MR. GAUGER, BAD THINGS, YOU'RE DOING SO AT YOUR OWN PERIL. I PRAY FOR HIM, SIR.I DON'T CALL HIM NAMES. OKAY. WELL, WHATEVER THE CASE MAY BE. ALL RIGHT, THAT'S IT. CASE OVER.
THANK YOU, SIR. OKAY, I. NEXT ITEM ON THE AGENDA THAT IS PRESENT IS ITEM H 4115 HOLIDAY DRIVE. I DON'T BELIEVE THAT THERE IS A INVESTIGATIVE REPORT. THIS IS JUST A VERBAL OKAY.
COMPLIANCE. AND THOUGHT HERE TO TESTIFY. INSPECTOR THORP AS YOU REMEMBER THIS ON 415 HOLIDAY IT WAS A DRAINAGE ISSUE. NEIGHBOR COMPLAINED. MR. DRYER. SORRY TO MANY PEOPLE. MR. DOWELL JUMPED THROUGH SOME HOOPS AFTER YOUR HEARING. THE ENGINEER WENT OUT THERE. THEY SIGNED OFF ON IT.
HE WENT ABOVE AND BEYOND. IT'S MORE THAN WHAT THEY REQUESTED. AND THERE'S BEEN NO DRAINAGE ISSUES. HE'S HAD A GRAVEL TO DRIVEWAY. HE'S. HE'S CUPPED THE DRIVEWAY ON A RIGHT. THE DRAINAGE ON THE LEFT IS ALSO CUPPED OUT, AND THE REAR IS DUG OUT FOR RETENTION TO FLOW TO DRIVEWAY. HE'S REMOVED THE ELEVATOR LIFT THAT'S BEEN PUT IN THE BACK PROPERTY, SO HE IS FULLY IN COMPLIANCE AND SIGNED OFF. GREAT. THANK YOU FOR GOING BEYOND THE WHAT WAS REQUIRED AND ASK OF YOU. CASE DISMISSED OR CLOSED. OKAY. I BELIEVE THAT IS ALL THE ITEMS THAT ARE PRESENT FOR TODAY'S PUBLIC HEARINGS. WOULD YOU LIKE TO GO TO BACK TO ITEM A? YES, MA'AM.
THANK YOU. ITEM A PROPERTY ADDRESS IS 638 MALAGA PLACE. THIS IS THE FIRST HEARING.
SLIDE NUMBER TWO IS JUST FOR LOCATION PURPOSES. THE PROPERTY IS LOCATED IN UNINCORPORATED AREA OF BAY COUNTY, COMMONLY KNOWN AS LAGUNA BEACH. PROPERTY IS UP ON THE TOP. OUTLINED IN BLUE. SITS NORTH OF BACK BEACH ROAD. FRONT BEACH HERE WITH THE CAROUSEL. CLOSER UP. AERIAL VIEW OF THE PROPERTY. THESE PROPERTY LINES ARE WAY OFF THE PROPERTY APPRAISER WEBSITE. ON THE 17TH. I'M SORRY. FEBRUARY 7TH, 2026. A INVESTIGATOR, JOE TRIPS, OBSERVED THIS PROPERTY AND HE OBSERVED. GOOD MORNING, MAGISTRATE INVESTIGATOR JOE TRIPP, BAY COUNTY CODE ENFORCEMENT. I'VE SUBMITTED MY INVESTIGATIVE REPORT. ORAL CORRESPONDENCE AND PHOTOS ARE ATTACHED AS EXHIBIT A AND CONTAINED IN THE CASE FILE. THIS WAS A VIEW OF THE PROPERTY FROM THE FRONT. FROM THE ROADWAY, THERE'S A COLLAPSED ACCESSORY STRUCTURE TO THE REAR OF THE PROPERTY. I WAS UNAWARE OF AN ADDITIONAL ACCESSORY, BUT WHEN THE BUILDING INSPECTION WAS CONDUCTED BY INSPECTOR THORPE, HE FOUND ANOTHER ONE. HE'S HERE TO CONDUCT THE INSPECTION, WHICH TOOK PLACE ON JANUARY 12TH. GOOD MORNING AGAIN, MAGISTRATE INSPECTOR THORPE. AS YOU CAN SEE, THERE'S TWO ACCESSORIES THAT SIT BEHIND THE PRIMARY. THIS ONE CATASTROPHIC DAMAGE HAS COLLAPSED INTO THE NEIGHBOR'S FENCE. YOU CAN SEE IT IN THE BACK RIGHT THERE. IT'S KIND OF LEANED OVER A LITTLE BIT AS WE PAN ON. THERE'S ANOTHER ACCESSORY ON THE LEFT SIDE IS EXHIBITING EXTENSIVE WOOD ROT. WHETHER DAMAGE HAS NO SIDING ON THERE. OBVIOUSLY A TAR PAPER IS SEEN BETTER DAYS. THERE ARE SOME FASCIA ON THE BACK LEFT SIDE THAT'S FALLING ONTO NEIGHBOR'S PROPERTY. AND THERE WAS SOME DEBRIS THAT HAS FALLEN FROM THIS ONTO NEIGHBORING PROPERTY. THIS WOULD NEED TO BE REPAIRED. AND IF YOU CAN SEE IN THAT BOTTOM LEFT HAND ON A NUMBER NINE RIGHT THERE. YEAH, THERE'S A HOLE BETWEEN THE FENCE AND THE SIDE SHEETING. SO IT'S JUST GOING TO CONTINUE TO DETERIORATE. I WAS NOT ABLE TO
[01:20:04]
ACCESS PROPERTY. NOBODY WAS AVAILABLE AT THE TIME. SO THESE ARE ALL FROM THE VIEW FROM THE FRONT OF THE HOUSE AS THEY SIT UNFIT UNSAFE STRUCTURES. OKAY. WHAT ABOUT THE SETBACK. I MEAN IT LOOKED AWFUL. THEY HAVE I DID LOOK AT MAPPING. THEY HAVE BEEN THERE PROBABLY AS LONG AS YOU'VE BEEN ALIVE. I DON'T KNOW IF THEY'RE THAT OLD, BUT THEY'VE THEY'VE BEEN THERE FOR PROBABLY ABOUT 30 YEARS. IT'S THERE WAS ACTUALLY A POOL BACK THERE AT ONE TIME. POOL LEFT.ANOTHER POOL CAME. IT'S THERE'S SOME THERE'S SOME GOOD DEVELOPMENTS BEEN GOING ON.
IT'S VERY SMALL LOT. ALL RIGHT. I JUST WANTED TO MAKE SURE IF THEY WERE TO TAKE DOWN AND REPLACE, THEY GOT TO COMPLY WITH SETBACKS. OKAY. ALL RIGHT. ON JANUARY 15TH, A NOTICE OF VIOLATION WAS SENT CERTIFIED AND REGULAR MAIL TO THE OWNER ON RECORD USING THE ADDRESS OF 638 MALAGA PLACE, PANAMA CITY BEACH, FLORIDA, 32413 CERTIFIED COPY WAS RETURNED UNCLAIMED.
THE REGULAR COPY HAS NOT BEEN RETURNED TO DATE. MARCH 3RD. I INSPECTED THE PROPERTY.
VIOLATIONS REMAINED. THAT'S THE SHED TO THE EAST SIDE OF THE PROPERTY IN THE BACK, AND THERE'S A COLLAPSED SHED TO THE WEST SIDE. MARCH 12TH I RECEIVED A TELEPHONE CALL FROM THE PROPERTY OWNER, MR. HANSEN. WE DISCUSSED THE VIOLATIONS. HE STATED HE HAD BEEN OUT OF TOWN FOR QUITE SOME TIME DUE TO SOME FAMILY ILLNESS. HE WAS AWARE OF THE PROBLEMS AND HE WOULD TRY TO GET THINGS STRAIGHTENED OUT. APRIL 20TH I SENT CERTIFIED MAIL NOTICE OF HEARING NOTICE VIOLATION. WAIT. I'M SORRY. THAT WAS ALSO SENT ON MAY 3RD MARCH 3RD. THE HEARING NOTICE WAS SENT OUT TO THE SAME ADDRESS 638 MALAGA PLACE, PANAMA CITY BEACH, FLORIDA.
CERTIFIED COPY WAS RETURNED. UNCLAIMED REGULAR COPY NOT ALSO NOT RETURNED. MARCH 12TH. WELL, WE DID THAT ONE ALREADY. I SPOKE TO THE PROPERTY OWNER. ALL RIGHT. SO APRIL 20TH, I HAND-DELIVERED A NOTICE OF HEARING TO THE PROPERTY. I MET WITH THE OWNER. WE DISCUSSED THE VIOLATIONS. HE STATED HE WAS GOING TO PULL A DEMOLITION PERMIT FOR THE COLLAPSED SHED, AND THAT HE HAD INTENTIONS OF REPAIRING THE DAMAGED ONE. I OBSTRUCTED AND INSTRUCTED HIM ON WHERE TO GO FOR THE PERMITS. HE SAID HE WAS GOING TO DO SO, WHICH HE HAS NOT DONE TILL DATE.
PROPERTY TAXES ARE PAID IN FULL. NO. NO CHANGE IN ADDRESS OF OWNERSHIP. MAY 11TH. I INSPECTED THE PROPERTY THIS PAST MONDAY OF. BOTH VIOLATIONS REMAINED. I'VE HAD NO FURTHER COMMENT. COMMUNICATION FROM THE PROPERTY OWNER AND NO PERMITS HAVE BEEN OBTAINED. THIS IS ON ALSO FOR JUNE 18TH COMPLIANCE HEARING AT 1 P.M. THAT CONCLUDES MY TESTIMONY. OKAY.
BASED ON THE TESTIMONY THAT I'VE HEARD AND THE PHOTOGRAPHS I'VE SEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 638 MALAGA PLACE IN PANAMA CITY BEACH, IS IN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. NOTICE WAS GIVEN TO THE RESPONDENT. CODE ENFORCEMENT HAS TALKED WITH THE RESPONDENT PERSONALLY AND NOT APPEARED AT THE HEARING EITHER IN PERSON OR THROUGH A REPRESENTATIVE. THERE IS A VIOLATION OF 1702 IN THE FORM OF UNFIT OR UNSAFE ACCESSORY STRUCTURES. THE RESPONDENT SHALL HAVE A PERIOD OF 30 DAYS TO BRING THE PROPERTY INTO COMPLIANCE IN THE FOLLOWING MANNER. APPLY FOR AND OBTAIN A DEMOLITION PERMIT TO DEMOLISH THE UNFIT OR UNSAFE STRUCTURES IN ANY AND ALL PROHIBITED ACCESSORY STRUCTURES AS DEFINED IN THE LAND DEVELOPMENT REGULATIONS AND REMOVE ALL OF THE DEMOLITION DEBRIS FROM THE PROPERTY OR IN THE ALTERNATIVE. REPAIR THE UNFIT OR UNSAFE STRUCTURES IN THE FOLLOWING MANNER. SUBMIT A COMPLETE BUILDING PERMIT APPLICATION TO THE BUILDING DEPARTMENT. THE APPLICATION HAS GOT TO INCLUDE A FULL STRUCTURAL REPORT AND A COMPLETE SET OF STRUCTURAL REPAIR DRAWINGS FROM A LICENSED AND REGISTERED DESIGN PROFESSIONAL, AND THAT'S GOT TO BE SUBMITTED TO CODE ENFORCEMENT DIVISION. SUBMIT A DETAILED ACTION PLAN, INCLUDING THE TIME FRAMES OUTLINING THE NECESSARY REPAIRS FOR THESE STRUCTURES TO THE CODE ENFORCEMENT DIVISION, ALL REQUIRED PERMITS AND
[01:25:02]
ENGINEERING PLANS HAVE GOT TO GO THROUGH THE PLAN REVIEW PROCESS BEFORE THE PERMITS WILL ISSUE. ALL PERMIT INSPECTIONS MUST BE COMPLETED BY THE BAY COUNTY BUILDERS SERVICES DIVISION STAFF OR A DESIGNEE, AND THE REPAIRS HAVE GOT TO BE MADE IN ACCORD WITH THE ACTION PLAN AND THE STRUCTURAL REPORT. ALL BUILDING PERMIT INSPECTIONS HAVE GOT TO BE COMPLETE, COMPLETED AND THE PERMITS ARE FINALIZED IN ORDER FOR THE REPAIRS TO BE DEEMED COMPLETE, IF AT ANY TIME, THE REQUIRED PERMITS UNDER THIS ORDER EXPIRE OR BECOME VOID FOR ANY REASON, IT SHALL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IT'S THE RESPONDENT'S RESPONSIBILITY TO CONTACT AND INFORM CODE ENFORCEMENT OF PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITHIN THE 30 DAYS FROM THE EFFECTIVE DATE OF THIS ORDER, I'M GOING TO REDUCE THAT $500 FINE. WILL BE IMPOSED. THE FINE WILL BECOME A LIEN ON THE RESPONDENT PROPERTY, BOTH REAL AND PERSONAL. LOCATED IN BAY COUNTY. NONCOMPLIANCE SHALL BE DEEMED TO HAVE OCCURRED IF THE RESPONDENT OBTAINS A DEMO OR BUILDING PERMIT, AND THEN ALLOWS THAT PERMIT TO EXPIRE, BECOME VOID FOR ANY REASON, AGAIN, THAT WILL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. HEARING COMPLIANCE HEARING ON JUNE 18TH AT 1 P.M. ITEM B PROPERTY ADDRESS IS. 9906 INDIAN BLUFF ROAD. THIS IS A FIRST HEARING. THAT'S THE LITTLE BLUE TRIANGLE OR BLUE TRIANGLE, RECTANGLE, WHATEVER. TRAPEZOID, YELLOW CIRCLE. GREEN DOT. CLOSER UP AERIAL. THE YELLOW CIRCLE HERE IS INDICATING THE STRUCTURE THAT WE WILL BE DISCUSSING TODAY. AND ON AUGUST 19TH, 2025, INVESTIGATOR RAY SCOTT INSPECTED THIS PROPERTY AND FOUND IN VIOLATION BAY COUNTY CODE 17-2 AND THE FORM OF AN UNFIT, UNSAFE ACCESSORY STRUCTURE. PROPERTY. PHOTOS OF THE PROPERTY ARE INTRODUCED AS EXHIBIT A AND ARE CONTAINED IN THE FILE. A NOTICE OF VIOLATION WAS SENT AT THAT TIME. CERTIFIED REGULAR MAIL TO THE PROPERTY OWNER. THE CERTIFIED NOTICE WAS RETURNED UNCLAIMED IN THE REGULAR MAIL DID NOT RETURN. THESE ARE PHOTOS THAT INVESTIGATOR SCOTT HAD TAKEN AT THE INITIAL INSPECTION. THAT WAS. INVESTIGATOR CHRIS HUBBARD WAS REASSIGNED THIS CASE, AND HE IS HERE TO TESTIFY. CHRIS HUBBARD, BAY COUNTY CODE ENFORCEMENT. PRIOR TO OCTOBER 16TH, THE INVESTIGATOR SCOTT SPOKE TO. SEPTEMBER 17TH, 2025, RHONDA SALAZAR. SHE'S THE DAUGHTER OF THE PROPERTY OWNER.SHE INDICATED HER FATHER WAS IN POOR HEALTH, AND THE PROPERTY WAS PROBABLY GOING TO GO BACK TO THE MORTGAGE HOLDER AT SOME POINT. I RE-INSPECTED THE PROPERTY ON AUGUST 16TH OR OCTOBER 16TH. I'M SORRY, 2025. THIS IS ON A LITTLE SIDE STREET THAT RUNS OFF OF INDIAN OF INDIAN BLUFF. THAT'S FROM THE REAR OF THE SHED. YOU CAN SEE THE DAMAGE TO IT. I DID ADD OVERGROWTH TO THE CASE AND SOME JUNK AND TRASH THAT WE'LL SEE IN SOME OTHER PICTURES THAT WAS ADDED TO THE VIOLATIONS. YOU CAN SEE THE OVERGROWTH IN THE BACK YARD, AND IT'LL KIND OF COME AND GO THROUGH THESE PICTURES HERE. DECEMBER 4TH, 2025. REINSPECTED THE PROPERTY THAT'S FROM INDIAN BLUFF. YOU CAN SEE THE SHED REMAINS IN THE BACKGROUND. THE JUNK AND TRASH IS DESCRIBED IN THE OVERGROWTH. THAT'S ALL AROUND THE SHED AREA THERE. FEBRUARY 27TH 26. THE PROPERTY WAS REINSPECTED. IT LOOKS LIKE EVERYTHING REMAINS AS IT WAS. THE OVERGROWTH KIND OF COMES AND GOES WITH THE WEATHER. MARCH 19TH IT WAS RE-INSPECTED. THE PROPERTY REMAINED IN VIOLATION. NOTICE OF VIOLATION. NOTICE OF HEARING WAS SENT, CERTIFIED AND REGULAR MAIL TO THE PROPERTY OWNER OF RECORD USING THE ADDRESS. 135 ANITA DRIVE, PANAMA CITY, FLORIDA THAT WAS OBTAINED FROM THE BAY COUNTY PROPERTY APPRAISER SITE. A CERTIFIED NOTICE WAS DELIVERED ON MARCH 23RD. REGULAR MAIL WAS NOT RETURNED. YOU CAN SEE THAT'S THE BACK PORCH. THE JUNK AND TRASH. IT SHOULD BE NOTED THAT WHEN I MAILED OUT THE MARCH 19TH NOTICE THAT THE PROPERTY HAD ALREADY GONE BACK TO THE BANK ON MARCH 9TH, BUT THE PROPERTY APPRAISER WAS NOT UPDATED. DIDN'T FIND THAT OUT TILL LATER. THAT'S JUST THE REAR SHOT OF THE SHED SHOWING THAT. SO THAT'S WHERE I POSTED THE PROPERTY ON MARCH 19TH, MAY 6TH. CHECK WITH THE PROPERTY APPRAISER AND TAX COLLECTOR. THE TAXES ARE UP TO DATE, AND
[01:30:02]
THAT'S WHEN NOTED. THE CHANGE TO THE OWNERSHIP WERE RETURNED TO HUD. IT WAS AT THAT POINT THERE'S A NOTICE ON THE DOOR THERE. IT'S THE PROPERTY MANAGEMENT COMPANY. IT'S POSTED ON THE DOOR THERE. I GOT THAT NUMBER AND I CONTACTED REFERENCE TO THE PROPERTY, WENT OVER THE VIOLATIONS. THEY'RE HANDLING IT FOR HUD SINCE IT WAS SO LATE IN THE GAME, I WENT AHEAD AND EMAILED THEM A COPY OF THE NOTICE OF HEARING AND THE PHOTOGRAPHS, AND WE DISCUSSED THE VIOLATIONS IN THE UPCOMING HEARING DATE AND WHAT COULD BE DONE TO CORRECT IT.PRIOR TO THE HEARING, I DID NOT HEAR ANYTHING BACK FROM THEM. ALSO ON THE SEVENTH, THE NEXT DAY, MAILED THE NOTICE OF VIOLATION CERTIFIED AND REGULAR TO HUD. WE'VE RECEIVED NO RETURN OF SERVICE AT THIS POINT. THE PROPERTY REMAINS IN VIOLATION AS IT STARTED WITH WITH THE UNSAFE STRUCTURE, THE JUNK, TRASH AND THE OVERGROWTH. THIS CASE IS SCHEDULED FOR A COMPLIANCE HEARING ON JUNE 18TH, 2026 AT 1 P.M. AND THAT CONCLUDES OUR TESTIMONY AT THIS POINT. ALL RIGHT. BASED ON THE TESTIMONY I'VE HEARD IN THE PHOTOGRAPHS I'VE SEEN INTRODUCED INTO EVIDENCE, I'M GOING TO FIND THAT THE PROPERTY LOCATED AT 9906 INDIAN BLUFF ROAD IN YOUNGSTOWN, IS WITHIN THE UNINCORPORATED AREA OF BAY COUNTY AND THEREFORE SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE. NOTICE WAS GIVEN TO THE RESPONDENT AS WELL AS TO THE NEW OWNER, EITHER BY VIRTUE OF A FORECLOSURE ACTION OR A DUDE, AND LIVE IN LIEU OF FORECLOSURE AND. THE APPROPRIATE RESPONDING PEOPLE HAVE BEEN NOTIFIED. THERE IS A VIOLATION OF 1702 IN THE FORM OF AN UNFIT OR UNSAFE ACCESSORY STRUCTURE, AS WELL AS JUNK, TRASH AND OVERGROWTH. THE RESPONDENT SHALL HAVE A PERIOD OF 30 DAYS TO BRING THE PROPERTY INTO COMPLIANCE BY REMOVING ANY AND ALL JUNK, TRASH AND OVERGROWTH, ADDRESS 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 ALL PROHIBITED ACCESSORY STRUCTURES AS MAY BE DEFINED IN THE LAND DEVELOPMENT REGULATIONS AND REMOVE ALL DEMOLITION DEBRIS FROM THE PROPERTY OR IN THE ALTERNATIVE. REPAIR THE UNFIT OR UNSAFE STRUCTURE AND THIS IS MERELY THE ACCESSORY STRUCTURE, CORRECT? YES. UNFIT OR UNSAFE ACCESSORY STRUCTURE IN THE FOLLOWING MANNER. SUBMIT A COMPLETE BUILDING PERMIT APPLICATION TO THE BUILDING DEPARTMENT. THE APPLICATION'S GOT TO INCLUDE A STRUCTURAL REPORT AND A COMPLETE SET OF STRUCTURAL REPAIR DRAWINGS FROM A FLORIDA LICENSED AND REGISTERED DESIGN PROFESSIONAL THAT WILL BE SUBMITTED TO CODE ENFORCEMENT. SUBMITTED DETAILED ACTION PLAN, INCLUDING THE TIMEFRAMES OUTLINED IN THE. PLAN FOR THE REPAIRS TO BE DONE, AND THAT WILL BE PROVIDED TO CODE ENFORCEMENT. ALL REQUIRED PERMITS AND ENGINEERING PLANS HAVE GOT TO GO THROUGH THE PLAN REVIEW PROCESS BEFORE THE PERMITS WERE ISSUED. PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED BY THE BAY COUNTY BUILDER SERVICES STAFF OR DESIGNEE, AND THE REPAIRS HAVE GOT TO BE MADE IN ACCORD WITH THE ACTION PLAN AND THE STRUCTURAL REPORT. ALL BUILDING PERMIT INSPECTIONS MUST BE COMPLETED AND PERMITS FINALIZED IN ORDER FOR THE REPAIRS TO BE DEEMED COMPLETE. IF AT ANY TIME THE PERMITS BECOME VOID FOR ANY REASON, IT SHALL BE DEEMED FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT AND INFORM CODE ENFORCEMENT OF PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO COMPLY WITH THE ACTIONS WITHIN 30 DAYS FROM THE EFFECTIVE DATE OF THE ORDER, A FINE OF $1,000 SHALL BE IMPOSED AND THE FINE WILL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL. LOCATED IN BAY COUNTY, NONCOMPLIANCE SHALL BE DEEMED TO HAVE OCCURRED IF THE RESPONDENT OBTAINS A DEMO OR BUILDING PERMIT AND ALLOWS IT TO EXPIRE, OR IT BECOMES VOID FOR ANY REASON, AGAIN, THAT WILL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. THERE WILL BE A COMPLIANCE HEARING ON JUNE 18TH AT 1 P.M. AND THIS OFFICE OR ROOM. ITEM F IS NEXT ON THE AGENDA. PROPERTY ADDRESS IS 1504 TROUT LANE. THIS IS A FIRST HEARING. SLIDE NUMBER TWO LOCATION PURPOSES. THIS PROPERTY IS LOCATED IN THE BAY POINT COMMUNITY. BAY COUNTY.
CLOSER OR AERIAL VIEW OF THE PHOTO OF THE PROPERTY. THERE IS A PORTION OF THE PROPERTY THAT IS IN A FLOOD ZONE. IN SLIDE NUMBER FOUR. ON DECEMBER 5TH, 2025, WE DID RECEIVE A
[01:35:07]
COMPLAINT ON THIS PROPERTY FOR AN UNFIT, UNSAFE STRUCTURE. ON DECEMBER 11TH, INVESTIGATOR CECILIA JAMES COMPLETED THE INITIAL INSPECTION. SHE WAS CERTIFIED BY. HI. GOOD MORNING, MAGISTRATE INVESTIGATOR JAMES BAY COUNTY CODE ENFORCEMENT. I HAVE SUBMITTED MY INVESTIGATIVE REPORT AND EXHIBITS FOR THE RECORD, ON DECEMBER 11TH. IN RESPONSE TO THIS COMPLAINT, I RESPONDED TO THIS ADDRESS AND AS YOU CAN SEE, THERE IS A WHAT APPEARS TO BE A BURNT, UNFIT, UNSAFE STRUCTURE, WHICH WAS THE RESULT OF A STRUCTURE FIRE THAT DID OCCUR ON NOVEMBER 11TH, 2025. AS YOU CAN SEE, THE VERY LARGE HOLE IN THE ROOF BUSTED OUT WINDOWS. YOU COULD SEE SMOKE SMOKE DAMAGE THROUGHOUT. THIS IS FACING THE PROPERTY. THIS IS THE SIDE YARD WHICH FACES WEST ONE TWO BUSTED OUT WINDOWS THERE. THAT IS THE EASTERNMOST PORTION OF THE OF THE STRUCTURE. AS YOU CAN SEE, YOU CAN SEE SKY THROUGH THE ROOF. MORE ENHANCED VIEW. AND THAT IS THE PROPERTY FACING EAST. ON DECEMBER 11TH. THE BUILDING INSPECTION WAS REQUESTED FROM INSPECTOR SCOTT THORP AND HE CONDUCTED THAT BUILDING INSPECTION ON DECEMBER 15TH. GOOD MORNING AGAIN, INSPECTOR THORP. SINGLE FAMILY WOOD FRAME STRUCTURE SITS AT BAY POINT. CATASTROPHIC DAMAGE FROM A STRUCTURAL FIRE JUST STREET VIEW. THEY DID HAVE A FENCE UP BLOCKING THE PROPERTY FOR SAFETY PURPOSES. I WAS WALKING AROUND TOWARDS THE BACK.THIS IS FROM THE WATER SIDE. PRETTY MUCH NOTHING LEFT INSIDE. AND DON'T. I DON'T HAVE THE CAUSE OF THE FIRE WAS REPORTED BY BAY COUNTY ON THEIR INFORMATION REPORT THAT THE FIRE ORIGINATED IN THE FIREPLACE. AS IT. AS IT SITS ON AN UNSAFE STRUCTURE, IT LOOKED LIKE IT. ON DECEMBER 19TH, THE NOTICE OF VIOLATION, ALONG WITH INSPECTOR THORP'S BUILDING INSPECTION REPORT, WAS SENT. CERTIFIED AND REGULAR MAIL TO THE OWNER ON RECORD USING THE ADDRESS P.O. BOX 28027, PANAMA CITY, FLORIDA 32411, AS LISTED IN THE BAY COUNTY PROPERTY APPRAISER'S DATABASE DATABASE. BOTH NOTICES WERE RETURNED, NOT DELIVERABLE AS ADDRESSED ON JANUARY 28TH. INFORMATION REPORTS WERE REQUESTED AND RECEIVED FROM BAY COUNTY SHERIFF'S OFFICE AND BAY COUNTY EMERGENCY OPERATIONS FIRE SERVICES ON THAT AS. ON OBTAINING THOSE REPORTS, A PHONE NUMBER FOR THE PROPERTY OWNER WAS INCLUDED ON THAT INFORMATION REPORT, AND I CALLED THAT NUMBER AND LEFT A VOICEMAIL REQUESTING CONTACT.
ON FEBRUARY 3RD IN AN ATTEMPT TO OBTAIN SOME CONTACT INFORMATION FOR THIS PROPERTY OWNER, I CONTACTED THE ORIGINAL COMPLAINANT WHO IS THE HOA MANAGER. HE ADVISED THAT THE HOA HAS ALSO BEEN ATTEMPTING TO CONTACT THE PROPERTY OWNER VIA PHONE AND BY MAIL, AND HAVE NOT RECEIVED ANY RESPONSE FROM HIM EITHER. HE STATED THAT A NEIGHBOR HAD ADVISED THAT A POTENTIAL INSURANCE ADJUSTER HAD POSSIBLY COME BY, BUT THAT INFORMATION WAS NOT CONFIRMED.
ON FEBRUARY 3RD, A AFTER RESEARCH WAS CONDUCTED, A POSSIBLE PHONE NUMBER FOR THE POTENTIAL FAMILY MEMBER WAS LOCATED. I WAS ABLE TO CONTACT THAT FAMILY MEMBER WHO CONFIRMED THAT SHE IS THE SISTER IN LAW OF THAT PROPERTY OWNER. THE PROPERTY OWNER'S BROTHER WAS ALSO PRESENT DURING THIS PHONE CONVERSATION. THEY ITERATED THAT THEY WOULD RELAY MY CONTACT INFORMATION TO THE PROPERTY OWNER, MR. JOHN HEY. HE SUBSEQUENTLY DID CONTACT ME.
HE ADVISED THAT HE HAS BEEN HAVING ISSUES WITH DELAYS IN THE INSURANCE PROCESS. HE ADVISED HE SPOKE WITH THEM TODAY AND THAT HE HAD BEEN TOLD THAT HIS INSURANCE SETTLEMENT CHECKS WERE SUPPOSED TO BE SENT OUT THE FOLLOWING DAY. ONCE PAYMENT IS RECEIVED, HE STATED HIS INTENTIONS TO PAY OFF HIS MORTGAGE, DEMOLISH THE STRUCTURE AND SELL THE VACANT LOT. HE ALSO STATED THAT HE INTENDS TO COMPLETE THE DEMOLITION AS SOON AS POSSIBLE, AND IT WOULD ALREADY BE DONE HAD IT NOT BEEN FOR THE DELAYS AND INSURANCE PROCESSES. I ADVISED HIM THAT I WOULD CONTACT HIM IN 30 DAYS TO INQUIRE ON AN UPDATE. I ALSO ADVISED HIM TO CONTACT ME IF NEEDED, AND OUR OFFICE WOULD ASSIST WITH ANY REQUIREMENTS REQUIRED BY THE COUNTY. AS THE CALL WAS DISCONNECTED, I REALIZED I HAD NOT OBTAINED A CURRENT MAILING ADDRESS, AND I IMMEDIATELY CALLED HIM BACK AND LEFT A VOICEMAIL REQUESTING THIS INFORMATION. ON FEBRUARY 9TH, I RECEIVED A CALL FROM A PROPERTY MANAGEMENT COMPANY
[01:40:05]
ADVISING THAT THEY HAD BEEN CONTRACTED TO BOARD UP AND SECURE THE BRANCH STRUCTURE.HOWEVER, THEY HAD OBSERVED THAT THE PROPERTY WAS FENCED AND THEY WERE CALLING TO INQUIRE IF THE COUNTY HAD ERECTED THE FENCE AROUND THIS PROPERTY. I ADVISED THEM THAT CODE ENFORCEMENT DID NOT FENCE THE PROPERTY, AND THAT CODE ENFORCEMENT COULD NOT AUTHORIZE THEM TO ACCESS THE PROPERTY. I ADVISED THAT PERHAPS A PROPERTY HAD BEEN FENCED BY EITHER THE HOA OR THE INSURANCE COMPANY. MY NOTICES. AT THEIR REQUEST, I SENT NOTICES TO PROPERTY, THE PROPERTY MANAGEMENT COMPANY AND REQUESTED THAT THEY KEEP ME UPDATED ON THEIR PROCESSES. AT THIS POINT, MAGISTRATE THERE WERE SEVERAL COMMUNICATIONS BETWEEN THE TIME FRAMES OF FEBRUARY THROUGH MARCH OF MULTIPLE COMMUNICATIONS, EITHER VIA PHONE OR VIA EMAIL, WITH PROPERTY PRESERVATION. HOWEVER, ON MARCH 24TH, I DID RECEIVE NOTICE AN EMAIL FROM PROPERTY PRESERVATION STATING THAT THEY WERE NO LONGER SERVICING THE PROPERTY AS THE MORTGAGE HAD BEEN PAID IN FULL. SO, AS IT PERTAINS TO MY TESTIMONY, ANY OTHER ANY OF THE COMMUNICATIONS WITH PROPERTY PRESERVATION ARE ARE NOT RELEVANT, ALTHOUGH THEY ARE PART OF MY RECORD. IN THE INVESTIGATIVE REPORT ON FEBRUARY 11TH, A CALL WAS RECEIVED FROM THE COMPLAINANT.
THE HOA MANAGER STATED THAT THEY HAD ALSO RECEIVED A CALL FROM PROPERTY MANAGEMENT AND HE DID REITERATE IN THAT CONVERSATION THAT THE A LHO THE HOA WAS WERE THE ONES RESPONSIBLE FOR SAFETY PURPOSES OF PLACING THE FENCE AROUND THE PROPERTY. FEBRUARY 25TH, I AGAIN ATTEMPTED TO CONTACT THE PROPERTY OWNER TO OBTAIN A CURRENT MAILING ADDRESS AND LEFT A VOICEMAIL REQUESTING THIS INFORMATION. ON FEBRUARY 26TH, A PHONE CALL WAS RECEIVED FROM THE PROPERTY OWNER, MR. MR. HAY, WHO ADVISED THAT HE HAD FINALLY RECEIVED THE CHECKS FROM HIS INSURANCE COMPANY. HE STATED THAT HE IS ANXIOUS TO GET THE STRUCTURE DEMOLISHED AND DEBRIS REMOVED. I DID ADVISE HIM. I DID ENCOURAGE HIM AT THAT POINT TO BEGIN GETTING QUOTES, AND AT THAT TIME HE DID PROVIDE ME WITH HIS CURRENT MAILING ADDRESS. ON MARCH 2ND, I INSPECTED THE PROPERTY AND IT REMAINED IN VIOLATION. IT WAS OBSERVED AT THIS POINT THAT THE FRONT DOOR AND ONE WINDOW HAD BEEN BOARDED. ON MARCH. ON THE SAME DATE, A NOTICE OF VIOLATION ALONG WITH THE BUILDING INSPECTION REPORT WAS SENT CERTIFIED IN REGULAR MAIL TO THE OWNER ON RECORD, USING THE ADDRESS HE HAD PROVIDED TO ME AS HIS CURRENT MAILING ADDRESS, 179 CADE'S COURT, PORT SAINT JOE, FLORIDA 32456. THE CERTIFIED NOTICE WAS DELIVERED ON MARCH 5TH, 2026, AND THE REGULAR NOTICE HAS NOT RETURNED. ON APRIL 6TH, I INSPECTED THE PROPERTY AND IT REMAINED IN VIOLATION. IT REMAINED DEBOARDED. IT APPEARS THAT THE.
OVER ANY OVERGROWTH ON THE PROPERTY IS BEING MAINTAINED. OTHER THAN THAT, THERE ARE NO.
NO OTHER CHANGES ON APRIL 8TH AFTER THIS INSPECTION AND NO VIOLATION NOTICE. THE HEARING WAS SENT CERTIFIED IN REGULAR MAIL TO THE OWNER OF RECORD USING THE ADDRESS LISTED IN THE BAY COUNTY PROPERTY APPRAISER'S DATABASE. THE ADDRESS OF THE PROPERTY. THE CERTIFIED NOTICE WAS RETURNED, NOT DELIVERABLE AS ADDRESSED WITH NO FORWARDING ADDRESS. THE REGULAR NOTICE RETURNED VACANT, UNABLE TO FORWARD A NOTICE OF VIOLATION NOTICE. A HEARING WAS ALSO SENT, CERTIFIED AND REGULAR MAIL TO THE ALTERNATE ADDRESS PROVIDED BY THE PROPERTY OWNER. THE CERTIFIED NOTICE WAS DELIVERED ON APRIL 11TH, AND THE REGULAR NOTICE HAS NOT RETURNED. A COPY OF THE NOTICE OF HEARING WAS ALSO SENT REGULAR MAIL TO THE MORTGAGE HOLDER. BETHPAGE FEDERAL CREDIT UNION AT 899 SOUTH OYSTER BAY ROAD, BETHPAGE, NEW YORK, 11714, WHICH IS ALSO NOT RETURNED ON APRIL 14TH, 2026 AND OWNER AND ENCUMBRANCE REPORT WAS RECEIVED. A COPY OF THE NOTICE OF HEARING HAD ALREADY BEEN SENT TO MORTGAGE HOLDER BETHPAGE FEDERAL CREDIT UNION, APRIL 27TH. A COPY OF NOTICE OF HEARING WAS POSTED ON THE PROPERTY APRIL 29TH. A COPY OF THE NOTICE OF HEARING WAS POSTED TO THE BAY COUNTY GOVERNMENT CENTER MAY 12TH. I INSPECTED THE PROPERTY. THIS IS MY FINAL INSPECTION AND IT DID REMAIN IN VIOLATION. A CHECK OF THE BAY COUNTY PROPERTY APPRAISER AND TAX COLLECTOR'S DATABASES SHOWED THAT PROPERTY OWNERSHIP HAS NOT CHANGED. TAXES ARE PAID IN FULL. NO PERMITS HAVE BEEN OBTAINED TO DATE. THIS CASE IS SCHEDULED FOR COMPLIANCE HEARING ON JUNE 18TH, 2026 AT 1 P.M. OKAY. FOR THE PURPOSE OF THE RECORD, THE ENTRY ON FEBRUARY THE 9TH OF 2026 TALKS ABOUT A CALL FROM A LIAM LEWIS. JUST FOR THE RECORD, I'M NOT KIN TO THAT PERSON. I JUST WANT TO MAKE SURE THAT IN
[01:45:02]
THERE. YES, SIR. AND THEN THERE IS AN ENTRY ON MARCH 2ND. IT'S THE THIRD ONE DOWN ON PAGE THREE OF THE REPORT. YES, SIR. DATED 25. BUT I ASSUME THAT THAT'S 26. YES, SIR. OKAY. ALL RIGHT. CORRECTION OF THE RECORD. THANK YOU SIR. WERE THOSE TWO CORRECTIONS I WANT TO. GO AHEAD AND AND FIND MY. DETERMINATIONS BASED ON WHAT I'VE HEARD. BASED ON THE TESTIMONY I'VE HEARD AND THE EXHIBITS I'VE SEEN IN THE FORM OF PHOTOGRAPHS INTRODUCED INTO EVIDENCE, THE PROPERTY, LOCATED AT 1504 TROUT LANE, PANAMA CITY BEACH, IS AN UNINCORPORATED AREA OF BAY COUNTY AND SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE CODE NOTICE WAS GIVEN TO THE RESPONDENT. HE HAS FAILED TO APPEAR AND TESTIFY AT THIS MATTER. THERE IS A VIOLATION OF 1702 IN THE FORM OF AN UNFIT OR UNSAFE STRUCTURE ON THE PREMISES. THE RESPONDENT SHALL HAVE 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 DEMOLITION PERMIT TO DEMOLISH THE UNFIT OR UNSAFE STRUCTURE AND ANY AND ALL PROHIBITED ACCESSORY STRUCTURES ON THE PREMISES AND REMOVE ALL OF THE DEMOLITION DEBRIS FROM THE PROPERTY. AND HE CAN ALSO REPAIR THE UNFIT OR UNSAFE STRUCTURE IN THE FOLLOWING MANNER. OBTAIN A SUBSTANTIAL DAMAGE DETERMINATION FROM THE BAY COUNTY CERTIFIED FLOODPLAIN MANAGER. IF THE STRUCTURE IS LOCATED IN A FLOOD ZONE AT A COMPLETE BUILDING PERMIT APPLICATION TO BUILDER SERVICES AND INCLUDE A FULL STRUCTURAL REPORT AND COMPLETE SET OF STRUCTURAL REPAIR DRAWINGS FROM A FLORIDA LICENSED AND REGISTERED DESIGN PROFESSIONAL TO THE CODE ENFORCEMENT DIVISION. DETAILED ACTION PLAN, INCLUDING TIME FRAMES OUTLINING THE NECESSARY REPAIRS, AND AGAIN, THAT WILL GO TO CODE ENFORCEMENT, ALL PERMITS AND ENGINEERING PLANS HAVE GOT TO GO THROUGH THE PLAN REVIEW PROCESS BEFORE THE PERMITS WILL ISSUE. ALL PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED BY BUILDER SERVICES OR A DESIGNEE. REPAIRS HAVE GOT TO BE MADE IN ACCORD WITH THE ACTION PLAN AND THE STRUCTURAL REPORT AND THE BUILDING PERMIT INSPECTIONS HAVE GOT TO BE COMPLETED AND PERMITS FINALIZED IN ORDER FOR THE REPAIRS TO BE DEEMED COMPLETE, IF AT ANY TIME ANY OF THE REQUIRED PERMITS BECOME VOID FOR ANY REASON, IT SHALL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. IT'S THE RESPONSIBILITY OF THE RESPONDENT TO CONTACT AND INFORM CODE ENFORCEMENT OF PROGRESS OR DELAYS IN BRINGING THE PROPERTY INTO COMPLIANCE. IF THE RESPONDENT FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER, A FINE OF $1,000 WILL BE IMPOSED AND THE FINE WILL BECOME A LIEN ON THE RESPONDENT'S PROPERTY, BOTH REAL AND PERSONAL. LOCATED HERE IN BAY COUNTY, NONCOMPLIANCE SHALL BE DEEMED TO HAVE OCCURRED IF THE RESPONDENT OBTAINS A DEMO OR BUILDING PERMIT WITHIN THE TIME FRAME SET FORTH, AND THEN HAS IT BECOME VOID FOR ANY REASON, AGAIN, THAT WILL BE DEEMED A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER. OKAY. THANK YOU SIR. WE'VE EVERY OTHER ITEM HAS BEEN REMOVED FROM THE AGENDA.* This transcript was compiled from uncorrected Closed Captioning.