Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[00:00:06]

FOR JUNE. 15 2021 IF YOU'LL PLEASE ARRIVES AND JOIN ME IN THE PLEDGE OF ALLEGIANCE.

[1.  

June 2021 Docket

]

STATES OF AMERICA AND THE REPUBLIC FOR WHICH IT STANDS ENGLISH. UH INDIVIDUALS WITH ROUTINE JUSTICE FOR ALL. ALL RIGHT. I'M GONNA CALL THEM. FIRST CASE, WHICH IS $20.015.

AND THAT ALL HERNANDEZ IS HERE. I'M JUST LOOKING AT THE PAPERWORK THAT WAS PRESENTED TO ME AND I SEE THAT THAT WAS. AN OLDER DENT IN TWO CASES THAT RIGHT OR IS IT THE OTHER WAY AROUND? YEAH. OKAY? ALL RIGHT. GOOD. UM AND MR HERNANDEZ. IF YOU'LL JUST COME TO THE PODIUM.

I'M GONNA SWEAR BOTH YOU AND, UH, OUR CODE OFFICERS IN AT THE SAME TIME, IF YOU ALL RAISE YOUR RIGHT HANDS. YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. SO HELP YOU GOD. YES. YES, OKAY. ALL RIGHT. SO, UM THEY WILL GET. MR PEREZ TO GIVE US A LITTLE BIT OF BACKGROUND AND THEN I'LL HEAR FROM YOU. OKAY, GOOD. WHENEVER YOU'RE READY. YEP. YEAH, OFFICER PEREZ WITH THE VILLAGE OF INDIAN TOWN CALLED COMPLIANCE. UM. SO THIS CASE WAS. THIS IS KATE REGARDING CASE NUMBER 20. THE 015. AT THE ADDRESS OF 14959 SOUTHWEST 107 YEARS. AVENUE UM, INDIAN TIME FLORIDA 34956. UM THIS CASE WAS INITIALLY SIDED ON JANUARY 16TH OF 2020. REGARDING A NUISANCE ABATEMENT VIOLATION WITH REGARDS TO OVERGROWN, UM. JUST OVERGROWN VEGETATION PLANTS.

GRASS UM, ALONG WITH THE ACCUMULATION OF LARGE AMOUNTS OF TRASH AND DEBRIS. AND THOSE WOULD BE SECTIONS. 67. 0.201 A AND 67.201 B. UM THIS CASE WAS THEN BROUGHT TO HEARING AS OF MARCH 10TH 2020. WHERE THE WE. THE VILLAGE, PROVIDED, UM, TESTIMONY AND EVIDENCE WITH REGARDS TO THIS VIOLATION, AND WE IN TURN RECEIVED A FINAL ORDER. UM. REQUIRING UH, COMPLIANCE ON OR BEFORE THE DATE OF APRIL 11TH 2020 UM, SO JUST TO BACKTRACK A BIT. BEFORE BOTH OF YOU, YOU'LL SEE EXHIBIT ONE. LIST THE ORIGINAL N L V THAT WAS ISSUED. DETAILING THE VIOLATIONS THAT WERE IN QUESTION. OKAY, AND THAT'S THE ONE DATED JANUARY 16TH 2020.

YES. AND YOU. YOU HAVE YOUR. AFFIDAVIT OF SERVICE. UM AT THE TIME, THE. LISTED OWNER WAS IDENTIFIED ON THE TAX ROLE AS DENT INTO L. L. C. AND, UM YOU. GO OVER TO EXHIBIT FOUR. FOR A THROUGH D. THOSE ARE DEPICTIONS OF THE CONDITIONS OF THE PROPERTY AT THE TIME OF OUR INSPECTION ON JANUARY 16TH 2020. OKAY, SO AS YOU CAN SEE THE PROPERTIES OVERGROWN, UM.

ALTHOUGH IT MAY NOT BE CLEARLY DEPICTED IN THE PHOTO, THERE WERE LARGE AMOUNTS OF MISCELLANEOUS MATERIAL AND DEBRIS. UM. SCATTERED AMONGST ALL THE OVERGROWTH ON THE EMPTY OR VACANT LOT. YEAH IT'S HARD TO EVEN SEE THAT JUST BECAUSE IT WAS SO OVERGROWN. YEAH, OK, YEAH. SO I ISSUED, UM. AN ORDER OF FINAL VIOLATION. YES, WHICH IS LISTED BEFORE BOTH OF US EXHIBIT FIVE, UM THE FINAL ORDER VIOLATION WOULD HAVE REQUIRED, UM, COMPLIANCE. BY THE RESPONDENT HONOR BEFORE, UH APRIL 11TH OF 2020. AND OR FAILURE TO DO SO WOULD RESULT IN. A FINE OF THE AMOUNT OF $100 PER DAY PER VIOLATION. AND THERE WERE TWO VIOLATIONS. SO

[00:05:02]

THERE WERE TWO VIOLATIONS UNDER $200 A DAY? YES, STARRING LITTLE APRIL, 12. YES, AND THAT THIS HEARING THERE WAS ALSO AN ADMINISTRATIVE COST IMPOSED OF $125. RECORDED ON THE FINAL ORDER. SO WE HAD OUR COVID PANDEMIC WHICH SUSPENDED UM OUR FUNCTIONS AND, UM, RESULTED IN US NOT BEING ABLE TO RE CERTIFY THE CASE UP UNTIL JULY, 14TH. OF 2020, OKAY? AT THIS TIME WE REVISITED THE PROPERTY RECORDED THE VIOLATIONS OR WERE STILL, UM ONGOING AND, UM, IF YOU I DON'T. TURN OVER TO EXHIBIT EIGHT. A THROUGH B, YOU'LL SEE DEPICTIONS OF THE OVERGROWTH.

AND AGAIN, IT'S MY TESTIMONY THAT THERE WERE LARGE AMOUNTS OF MISCELLANEOUS DEBRIS. MIN.

MATERIAL SCATTERED AMONGST ALL THE OVERGROWTH. UM REALLY, NO CHANGE. YEAH, NOTHING WHATSOEVER. OKAY NONE WHATSOEVER AT THIS TIME. UM THAT'S JULY. THAT'S YEAH. JULY AS OF JULY, 14TH. OKAY. AND THEN THIS, THIS PARTICULAR CASE WAS THEN BROUGHT BACK TO HEARING AS OF AUGUST 18TH OF 2020. WHERE WE AGAIN THE VILLAGE PRESENTED OUR TESTIMONY AND EVIDENCE AND WE RECORDED A CERTIFICATION OF LEAN. WHICH IS LISTED BEFORE YOU AS EXHIBIT NINE. OKAY? AND I CERTIFIED, LET'S LEAN. THE AMOUNT OF. $25,800 WHICH AT THAT POINT WAS HONORED AND 29 DAYS. TIMES $200 PER DAY, PLUS ADMINISTRATIVE COSTS OF $250. YES. OKAY? THAT GOT RECORDED AND DID IT. YES. THIS THIS WAS ALL RECORDED. UM SO THERE WAS A DELAY IN THE RECORDING OF THE, UH. CERTIFICATION OF LEAN AND FINAL ORDER ON THIS CASE. AND THIS IS WHERE? THIS, UH. MR VIDAL COMES INTO PLAY HERE. UM THE CASE WAS SENT TO OUR CLERKS AND IN TURN RECORDED WITH THE COUNTY AS OF APRIL 1ST. 2021 YEAH. I MEAN, JUST TRYING. OKAY, SO THE CERTIFICATION ORDER AND THE END OF VIOLATION ORDER DIDN'T GET. YEAH. NO, IT WASN'T. IT WASN'T RECORDED WITH THE COUNTY UP UNTIL APRIL. 1ST OF 2021. AND THEN AND THEN WITHIN THIS VERY SAME PERIOD OF TIME. I'M NOT ENTIRELY SURE OF THE EXACT DATE, BUT I WANT TO SAY IT'S LATE MARCH. MR VIDAL ACQUIRED THE PROPERTY. DURING A TAX DEED AUCTION. OKAY, AND I'M LOOKING AT A COPY OF YES. YEAH THAT'S A PHOTO, I BELIEVE. AND I IF MR VIDAL WANTS TO TAKE A LOOK AT IT HIMSELF, I BELIEVE THIS WAS A PHOTO HE PROVIDED TO ME. VIA EMAIL. YES. HAVE THE ORIGINAL WITH ME. RIGHT? AND ISSUED ON JUNE 1ST. 2014 WAS THE CERTIFICATE THEN? ON 24 MARCH 2021. FOR CONSIDERATION. HMM THE TAX TEACHER WAS ISSUED TO. TO YOU, MR HERNANDEZ? YES? OKAY, AND THEN RECORDED MARCH, 24. OKAY, SO. SHORTLY THEREAFTER, UM, AS LISTED ON EXHIBITS 11 A THROUGH B, YOU'LL SEE MR VIDAL TOOK IT UPON HIMSELF TO ACQUIRE A VENDOR AND HAVE THE NUISANCE ABATED. THOROUGHLY ABATED. AS YOU CAN SEE, THE OVERGROWTH IS. NO LONGER THERE. THERE'S NO LONGER ANY ACCUMULATION OF TRASH OR DEBRIS ON THE PROPERTY. UM AND.

THAT'S THE EXTENT OF THE BACKGROUND ON THIS CASE, SO ALL RIGHT. WHEN DID YOU? UM MR HERNANDEZ? WHEN DID YOU ACTUALLY CLEAR THE PROPERTY DID IT WITHIN THE WEEK? SO THE NEXT WEEKEND, UH, GOT IT PRETTY MUCH THE PERMIT SETTLE THROUGH THE COUNTY. I MEAN, THE VILLAGE IRANIAN TOWN. ALL RIGHT, AND I GOT IT. CLEARED OUT. AND WHAT ARE YOU ASKING ME TO DO? WELL, I WANT TO DO A RECONSIDERATION OF THE LIEN OR PRETTY MUCH JUST CHARGED THE ADMINISTRATION PIECE BECAUSE I'M YOU KNOW, AS I GOT THIS WITH ATTRACTED TO SELL. DIDN'T REALIZE DO MY DUE

[00:10:06]

DILIGENCE IN THAT PART OF FINDING ALL THE LEANS. I THOUGHT IT WAS JUST. YOU KNOW, CONTRACTORS OR SOMETHING, BUT I DIDN'T KNOW IT WAS A LOCAL AGENT, LOCAL GOVERNMENT YOU COULDN'T. COULDN'T HAVE KNOWN. ALL RIGHT. WHAT'S THE VILLAGES POSITION? I HAVE NO OPPOSITION TO, UM, WITH THE EXCEPTION OF, UH I GUESS. STATE. MAINTAINING OUR ADMINISTRATIVE COSTS, RECOVERING THE ADMINISTRATIVE COSTS ASSOCIATED WITH THE CASE. UM BUT OKAY. I MEAN, OBVIOUSLY, THERE ARE THERE ARE COSTS ASSOCIATED WITH IT. UM AND I WOULD SAY THAT AS FAR AS THE RECORDING OF THE LENA IS CONCERNED UM UM REALLY GOT OUT OF. WHACK AND SO I MEAN, YOU ARE WHAT? UH WELL WHAT THE LAW CALLS THE A B F P FOUR VALUE WITHOUT NOTICE. THAT'S A BONA FIDE PURCHASER. FOR VALUE YOU PAID FOR IT, $7000. AND YOU HAD NO NOTICE, SIR, YOU'RE NOT RESPONSIBLE. UNDER THE LAW FOR THE LIEN AND, UM I MEAN, IN FACT, IT'S ALMOST GENEROUS OF YOU TO OFFER TO PAY THE. FEES WHICH IN FACT WERE INCURRED. I MEAN, THERE'S NO QUESTION IN MY MIND ABOUT THOSE. THE STAFF TIME AND THE TIME FOR TWO HEARINGS HERE AND YEAH, SO IT'S YOU KNOW ALL OF THAT SO ALL RIGHT, SO HIGH I'M GOING TO, UM. ISSUE AN ORDER THAT, UM THAT REMOVES THE LIEN. AND HEAD. IN FACT, WHAT HAS TO THEN HAPPENED AS THE VILLAGE HAS TO DO A SATISFACTION OF LEAN AND FILE AND GET AN ACCOUNT WHERE IT IS? SOON AS YOU CAN. YES, THAT'S ALL RIGHT. BUT I'LL BACK THAT UP WITH AN ORDER THAT THAT, UM. I ASKED AND EXPLAINS THE CIRCUMSTANCE. SO THAT I DON'T KNOW WHO DOES THAT HERE, WHETHER IT'S THE MANAGER. THINK DARREN HOPES THAT WITH? YES, SIR. DO YOU HAVE THAT FORM? YOU KNOW WHAT? WHAT IS SATISFACTION OF LIEN LOOKS LIKE. OKAY, I'LL GIVE YOU ONE OF THOSE. UM SO I'M JUST GOING TO SAY ORDER. OF RELIEF. KEEPING LOVE. 2 50. HOW DO YOU WANT TO DO THAT? DO YOU WANT TO JUST PAY IT? YES.

COMPARE TODAY OR WHENEVER IT'S IF YOU. IF YOU BEAT MY ORDER, THEN I WON'T EVEN INCLUDE IT IN THEIR IN OTHER WORDS, HE CAN JUST IF YOU CAN GIVE THEM A CHECK, OR WHATEVER FOR 2 50.

I'M GONNA DO IT THROUGH DEBIT CARD. IS THAT FINER? WE COULD PROTECT THAT CLEAR WE COULD CHECK WITH THEM. YEAH, THAT'S WHY I'M HERE TODAY. WELL, I'LL PUT IT IN THE ORDER, BUT BUT I'M GOING TO DIRECTED OF SATISFACTION. AS SOON AS I VERIFY THE 2 50. OKAY THAT IS SATISFACTION. IT LEE AND I'LL GIVE YOU THAT FORM. YOU'RE GOING TO HAVE THESE MORE OFTEN, DARREN. UM BECAUSE AS PEOPLE DO PAY. UM YOU'RE YOU'RE GOING TO NEED TO BE ABLE TO DO THAT.

IT'S A MINISTERIAL THING. IN MOST JURISDICTIONS, THE VILLAGE MANAGER SIGNS THEM. BUT I DON'T KNOW. MINUTES TO GO BACK AND LOOK AT THE AT THE ORDINANCE. THE REASON I'M SAYING THAT IS IN THE COUNTY. IT'S THE COUNTY COMMISSION. THAT, ACTUALLY YEAH, I KNOW. IT'S REALLY A PAIN IN THE IN DEERFIELD IS TO FIND. YEAH, BECAUSE IT'S THAT MINISTERIAL. YES. BEEN UP IN MARTIN COUNTY. MOST OF THE TIME. MM HMM. IT'S THE CITY MANAGER. MOST OF THE TOWNS ARE SMALL. YEAH GOOD TO STAY CONSISTENT WITH THE GOING. ALL RIGHT. LET ME LOOK AT THAT, UM.

KNOW THAT IT'S GOING TO HAPPEN. IT MAY TAKE A LITTLE WHILE BECAUSE THE PROCEDURE. YEAH, THE VILLAGE IS STILL UNDER THE COUNTY ORDINANCES FOR A LOT OF THINGS, OKAY? AND I KNOW BECAUSE I DO THE COUNTY AS WELL. THAT IT IT REQUIRES THE COUNTY COMMISSION TO ACTUAL, WHICH WOULD MEAN IT WOULD HAVE TO COME TO THE VILLAGE COUNCIL. UM. THIS ONE MAY HAVE TO, BUT I'LL TALK TO THE VILLAGE ATTORNEY ABOUT DRAFTING AN ORDINANCE. MAKING A. THE OTHER WAY AROUND SO THAT I CAN ISSUE AN ORDER AND THEN IT JUST BECOMES MINISTERIAL. OKAY.

[00:15:05]

OKAY, SO IT MAY TAKE A LITTLE WHILE TO GET IT DONE, BUT I KNOW THAT. THE ORDER OF RELIEF.

I WILL GET OUT RIGHT AWAY. SO YOU LISA WILL HAVE SOME IN YOUR HAND. IF YOU'RE TRYING TO GET ALONE OR WHATEVER IT IS. AND THERE'S SOME QUESTION. YEAH, THAT'S UM ABOUT REMOVAL OF HAVE TO LEAVE. RIGHT? RIGHT? ALL RIGHT. WELL, THANK YOU. APPRECIATE YOUR EFFORTS. TO, UM TO COMPLY AS QUICKLY AS YOU DID. YEAH. SO YOU'RE GONNA PAY THEM TO 50 OR PAY THE VILLAGE TO 50 AND. WILL GO ABOUT OUR BUSINESS. ALL RIGHT. THANK YOU SO MUCH. ALL RIGHT. GOOD LUCK TO YOU. ALL RIGHT, UH, NEXT CASE, HIS CASE NUMBER 22 017 SOUTHERN FLORIDA GAS LLC. UM.

AND THAT'S OH, YOU'RE REQUESTING A CONTINUANCE IN THAT. WHAT'S THE STORY WITH THAT CASE? MHM. CURRENTLY, UM THERE. THE RESPONDENT IS STILL ACTIVELY WORKING WITH THE DIRECTOR OF COMMUNITY ECONOMIC DEVELOPMENT AND OUR GRANTS WRITER. UM AND THEY'RE TRYING TO RESOLVE SOME OF THE VIOLATIONS BY ASSISTING HIM. UM. PRIMARILY WITH SOME OF THE FINANCING. UM, THAT WOULD. ALL RIGHT. I'M LOOKING AT THE ALLEGED VIOLATIONS HAVEN'T HEARD THIS CASE. BUT IT SAYS PEDDLERS AND A TENDER EMERGENCE COINAGE AND OUTDOOR STORAGE. UH I WOULD BET THE BIGGEST OF THOSE IS PROBABLY THE OUTDOOR STORAGE, ISN'T IT? HMM? OR WHAT HAVE THEY GOT? UM. WELL, THE I DON'T WANT TO TAKE TESTIMONY. SO LET ME LET ME JUST GUESS AT IT UNTIL I GET RIGHT. PEDDLERS AND ITINERANT MERCHANTS. USUALLY THAT'S A FOOD TRUCK OR SOMETHING. MY CLOTHES. YES, SIR. YES, SIR. OKAY. AND SIGNAGE IS PROBABLY SIGNAGE FOR THE FOOD TRUCK. AM I CLOSE THERE? IT'S TOO. YEAH, OKAY. ALL RIGHT. THAT'S ENOUGH OF THAT, UM, SO WHAT'S WHAT IS TAKING THEM? UH THE LENGTH OF TIME TO RESOLVE THAT. YEAH, SO THEY RECENTLY WERE ABLE TO GET TOGETHER AND HAVE A MEETING WITH THE RESPONDENT AND THE, UM.

DIRECTOR OF COMMUNITY ECONOMIC DEVELOPMENT AS WELL AS OUR. GRANTS WRITER AND I THINK NOW THEY'RE IN THE PROCESS OF FINALIZING WHATEVER IT IS THAT THEY'RE, UM THEY'VE COME TO THE AGREEMENT OF SO. AT THIS POINT, WE'RE JUST LOOKING TO GET A CONTINUANCE FOR ANOTHER 30 DAYS IN ORDER TO ALLOW THEM. MAY I SUGGEST TO YOU? YES. DID YOU GET THEM TO DO SOME SORT OF A STIPULATION AND CONSENT ORDER? SO THAT YOU KNOW YOU'RE GOING TO GET COMPLIANCE, OKAY? YES SIR. THE SITUATION WITH THAT PROPERTY, SIR, IT'S UN A CERTAIN ZONE THAT'S ENTITLED TO SOME GRANT MONEY. AND SOME OF THE PLANS THAT HE HAS IS REALLY GONNA. UNIFY THAT WHOLE CORNER AND THE REST OF THE VIOLATIONS ARE GOING TO GO AWAY BECAUSE THE FOOD TRUCK HAS A RESTAURANT NOW. THAT'S GOING TO GO AWAY. IT SEEMS WELL. BUT RATHER THAN DISMISSED, I'M SUGGESTING THAT YOU ACTUALLY GET A STIPULATION IF YOU CAN GET ONE. OKAY. I MEAN, THAT'S A BETTER PRACTICE, PARTICULARLY WHERE YOU KNOW THAT YOU'VE GOTTEN VIOLATION. YEAH, OKAY. ALL RIGHT. UM, ARE THEIR ATTORNEYS INVOLVED? NO, OKAY. JUST THINKING IT MAY BE EASIER. DO IT. OKAY, UM. ALL RIGHT. SO WITH THAT, WHAT ARE YOU LOOKING FOR? 30 DAYS. 16 60 WOULD BE AS THE RIGHT RIGHT IS INVOLVED IN THAT. YEAH. ALL RIGHT. I DON'T REALLY HAVE A ISSUE WITHOUT IF THERE'S MEANINGFUL. MEANINGFUL DISCUSSION GOING ON. OH, YEAH. ALL RIGHT. OKAY, SO I'LL GO AHEAD AND ISSUE THAT THAT ORDER. NOW, UM WHILE I'M HERE. UM. WE COULD. ACTUALLY I THINK I CAN END THE HEARING AND THE RECORDING BECAUSE WE'RE NOT THERE'S NOTHING REALLY MORE.

FOR COME BEFORE US TODAY, RIGHT? NOT SURE. OKAY WELL, LET'S DO THAT. AND THEN I WANT TO ASK YOU ABOUT. THE SCRIPT AND THE AFFIDAVIT TO SERVICE AND ANYTHING ELSE THAT. OKAY, WE MIGHT WANT TO DISCUSS. OKAY. SO WITHOUT I'M GOING TO ADJOURN THE HEARING. AND WE HAVE OUR NEXT YOU'RE A. JULY, 20TH. YEAH. 20TH H

* This transcript was compiled from uncorrected Closed Captioning.