YOU SAID, LET'S GO AHEAD AND GET STARTED.
[PLEDGE OF ALLEGIANCE]
[00:00:02]
LET'S DO THE PLEDGE. OK.ALL RIGHT. WELL, GOOD MORNING, ALLEGIANCE TO THE FLAG, THE UNITED STATES OF AMERICA TO THE REPUBLIC, FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU.
THE TUESDAY, JANUARY, TWENTY EIGHT, TWENTY TWENTY TWO.
DO WE START RECORDING RIGHT AWAY OR YOU'RE ON? OK, WE'RE HERE FOR TUESDAY, JANUARY TWENTY SECOND SPECIAL MAGISTRATE HEARING DOCKET FOR
[1. January Docket 2022]
THE VILLAGE OF INDIAN TOWN.MY MY NAME IS KEITH WILLIAMS. I AM SUBSTITUTING FOR THIS MONTH AND POSSIBLY A FEW THE NEXT FEW MONTHS FOR YOUR NORMAL MAGISTRATE. WELL, I THINK YOUR NORMAL MAGISTRATE, PAUL NICOLETTI.
UM. SO WE'RE HERE TO HEAR VIOLATIONS OF THE.
BUILDING, BUILDING AND LOCAL CODES FOR VILLAGE OF INDIAN TOWN, AND WE HAVE SOME MEMBERS OF THE VILLAGE HERE.
I DON'T SEE ANY MEMBERS OF THE PUBLIC PRESENT OR ANY OF THE PERSONS TO WHOM VIOLATIONS HAVE BEEN SENT, BUT IF THEY ARE, THEY ARRIVE.
WE'LL HAVE A WE'LL TAKE EVERY OPPORTUNITY TO TRY TO ACCOMMODATE THEM IF THEY CHOOSE TO.
THEY CHOOSE TO DISPUTE THE VIOLATION OR WOULD LIKE TO COMMENT ON IT OR WOULD LIKE TO HAVE AN OPPORTUNITY TO BE HEARD.
SO IN LIGHT OF THAT, LET'S GET STARTED WITH THE DOCKET AND I UNDERSTAND IF I MAY INTERRUPT. HE USUALLY SWEARS IN BOTH ROBERT AND THE BUILDING OFFICIAL FITZROVIA FOR THEIR TESTIMONY. OK.
WELL, I WAS GOING TO DO THAT WHEN IT STARTED.
IT'S FINE. SO, YOU KNOW, BEFORE WE GET STARTED, LET'S SWEAR IN THE THE WITNESSES AND THE OFFICIALS FOR THE VILLAGE, WHO POSSIBLY MAY GIVE TESTIMONY HERE TODAY ON ANY OF THE CASES. FIRST, DO YOU AND I HAVE BEFORE ME, I'M SORRY, I HAVE BEFORE ME, TONY GIARDINO, WHO IS A BUILDING OFFICIAL HERE IN THE VILLAGE OF INDIAN TOWN, AND ROBERT PEREZ, WHO IS THE CODE CODE INSPECTOR.
AND BOTH OF THESE GENTLEMEN ARE HERE AND PRESENT FOR ME HERE TODAY, AND THEY'RE GETTING READY TO SWEAR THOSE. SO GENTLEMEN.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH AND YOUR TESTIMONY HERE TODAY? I DO, SIR. ALL RIGHT.
THANK YOU. UH, SIR, BEFORE WE PROCEED, I'D JUST LIKE TO NOTE ON THE RECORD THAT WE DO HAVE OUT OF THE.
LOOK. REALLY? TESTING, TESTING, OK.
AGAIN, ROBERT PEREZ HERE, CODE COMPLIANCE INSPECTOR FOR THE VILLAGE OF INDIANTOWN, AND I JUST WANTED TO TAKE A MINUTE TO NOTE ON THE RECORD THAT OUT OF THE 10 CASES HERE, WE DID HAVE THREE THAT HAVE COMPLIED AND I MAY HAVE NOT HAD AN OPPORTUNITY TO PROVIDE YOU WITH A COMPLETELY UPDATED DOCKET, SO I JUST WANTED TO TAKE A MINUTE AND MAKE NOTE OF THESE ON THE RECORD. WE COULD START WITH TAB ONE CASE NUMBER TWENTY TWO ZERO ZERO ONE FOUR.
THE PROPERTY OF ONE FOUR EIGHT EIGHT ONE SOUTHWEST SHANI AVENUE HAS COMPLIED.
AS WELL AS TABS SIX CASE NUMBER TWENTY TWO ZERO ZERO SIX FOUR, THE PROPERTY OF ONE FIVE ONE FOUR THREE SOUTHWEST YALLA STREET HAS COMPLIED.
AND LASTLY, TAB NUMBER 10 FOR CASE NUMBER TWENTY TWO ZERO ONE ZERO FOUR, THE PROPERTY OF ONE FOUR SEVEN THREE FIVE SOUTHWEST, ONE HUNDRED AND SEVENTY FIRST AVENUE HAS COMPLIED.
SO, MR. MR. FRASER, THOSE CASES ARE NOW BEING REMOVED FROM THE DOCKET FOR THIS MORNING FOR THIS MORNING'S HEARING. YES, SIR.
AND WHEN YOU'RE READY, I'LL PROCEED WITH THE TAB TO.
RIGHT. SO FOR CASE NUMBER, TWENTY TWO, OH, TWO, OH OH, TWO GRIFFIN GRACIE IN STATE, CAN YOU GO PLEASE MOVE FORWARD WITH THAT CASE, MR. GROSS. YES, SIR.
AGAIN, MY NAME IS ROBERT PEREZ AND I'VE BEEN SWORN IN.
I'M A CODE COMPLIANCE INSPECTOR FOR THE VILLAGE OF INDIAN TOWN.
THIS CASE WAS INITIATED PROACTIVELY UPON MY DISCOVERY ON JANUARY 3RD.
[00:05:02]
THE RESPONDENT LISTED AS GRIFFIN GRACIE ESTATE, AS IS NOT PRESENT.THE CASE CONCERNS THE PROPERTY LOCATED AT ONE FOUR SIX ZERO FOUR SOUTHWEST, ONE HUNDRED AND SIXTY NINTH AVENUE WITHIN THE VILLAGE OF INDIANTOWN FLORIDA.
ACCORDING TO THE OFFICIAL RECORDS OF MARTIN COUNTY PROPERTY APPRAISERS, THE PROPERTY OWNER AGAIN IS LISTED AS GRIFFIN GRACIE AND.
AND A COPY OF THE PROPERTY APPRAISERS RECORD OF OWNERSHIP IS MARKED BEFORE YOU AS VILLAGES EXHIBIT ONE.
AS YOU CAN SEE ON THE DISPLAY, AND I'LL.
MR. PERES, JUST A QUICK QUESTION, DID YOU SAY THAT THERE'S AN ESTATE THAT ALSO OWNS THIS? DID YOU HAVE TO HAVE AN OPPORTUNITY TO CONTACT THE REPRESENTATIVE OF THAT ESTATE? YES, WE WE'VE MADE CONTACT WITH A GENTLEMAN BY THE NAME OF MR. ELIJAH GRIFFIN, WHO IDENTIFIED HIMSELF AS THE HEAD OF THE ESTATE, AND HE CURRENTLY RESIDES IN HARTFORD, CONNECTICUT, AND HE WAS MADE AWARE OF TODAY'S HEARING AND THE VIOLATIONS THAT WERE RECORDED ON THE DATE IN QUESTION.
WAS IT WAS MR. GRIFFIN IN THE MR. GRIFFIN AND HARTFORD? WAS HE SERVED WITH A COPY OF THE VIOLATION AND THE THE AFFIDAVIT? YES. SO AS REFLECTED HERE ON THIS PROPERTY APPRAISER RECORD, WE SENT ALL NOTICES TO MR. GRIFFIN AT THE ADDRESS OF 76 FIELD SIDE AVENUE, HARTFORD, CONNECTICUT ZERO SIX ONE ZERO SIX. AND THEN MR. GRIFFIN EXPRESSING AN INTEREST IN APPEARING AT THIS HEARING OR OTHERWISE PARTICIPATING IN THIS, THE HEARING ON THIS VIOLATION THIS MORNING, AT THE TIME OF OUR DISCUSSION, HE EXPRESSED THAT HE WOULDN'T BE ABLE TO MAKE ARRANGEMENTS TO ATTEND PERSONALLY, BUT HE WAS GOING TO MAKE SOME EFFORTS TO HAVE SOMEBODY FROM FROM THE TOWN COME IN AND REPRESENT HIM IN HIS ABSENCE. JUST FOR THE RECORD, THAT THERE'S NO ONE HERE AT THE HEARING NOW THAT'S REPRESENTING MR. GRIFFIN OR FOR THE ESTATE.
YES, SIR. I APOLOGIZE, I NEED TO TALK TO THE MIC.
I HAVE A BOOMING VOICE THAT CARRIES NORMALLY.
AND AND I JUST LIKE TO FORGIVE ME HERE.
I'M SORRY YOU CAN PROCEED, MR. PEREZ. YES, YES. I JUST WANTED TO CLARIFY A FEW THINGS ABOUT THE NOTICE TO THE ESTATE, TO THE PERSON WHO'S IN CHARGE OF THE ESTATE AND WHETHER OR NOT THEY HAD AN OPPORTUNITY TO APPEAR HERE TODAY. OKAY.
AND JUST TO MAKE A QUICK CORRECTION ON MY TESTIMONY, THE CASE WAS INITIATED PROACTIVELY UPON MY DISCOVERY ON DECEMBER 14 OF TWENTY TWENTY ONE, WHICH WILL BE REFLECTED HERE AS WE CONTINUE ON THE DATE IN QUESTION.
I INSPECTED THE PROPERTY AND AT THAT TIME WE OBSERVED THE FOLLOWING CODE VIOLATIONS.
WE HAVE STARTING WITH NUMBER ONE, WE HAVE VIOLATIONS UNDER TWENTY ONE SEVENTY FIVE DASH ONE FOR UNSAFE STRUCTURES.
VIOLATIONS ON THEIR TWENTY ONE DASH SEVEN FIVE, DASH TWO FOUR UNSAFE EQUIPMENT, INCLUDING GENERAL APPLIANCES WITHIN THE STRUCTURE.
THEN WE HAVE VIOLATIONS UNDER TWENTY ONE DASH SEVEN FIVE THREE FOUR A STRUCTURE SEEM TO BE UNFIT FOR HUMAN OCCUPANCY.
FOLLOWED BY VIOLATIONS UNDER TWENTY ONE DASH SEVEN FIVE DASH FOR FOUR, AN UNLAWFUL STRUCTURE. WE ALSO HAVE VIOLATIONS ON THEIR TWENTY ONE DASH NINE FIVE FOUR SANITATION.
AND VIOLATIONS UNDER SIX, SEVEN POINT TWO ZERO ONE A.
AND SIX, SEVEN POINT TWO ZERO ONE B FOR OVERGROWTH AND TRASH AND DEBRIS ACCUMULATING.
[00:10:08]
AT THAT TIME, I OBSERVED THE OR RATHER AT THAT TIME I PHOTOGRAPHED THE PROPERTY AND THE PHOTOGRAPHS I'VE WILL BE PRESENTING TO YOU ACCURATELY SHOW WHAT I SAW THEN AND OUR MARK BEFORE YOU AS EXHIBITS, WE COULD SAY THIS WILL BE EXHIBITS TO A THROUGH TWO P.OK, SO JUST TO BE CLEAR, FOR THE RECORD, THERE'S A COMPOSITE EXHIBIT THAT MR. MR. IS REFERRED TO, WHICH IS A SERIES OF PHOTOGRAPHS.
AND THE THE PHOTOGRAPHS ARE ALL COMPILED TOGETHER AS EXHIBIT TWO, BUT TO A TO TWO, E TO P TWO. SO THESE ARE THESE COMPOSITE EXHIBITS OR TWO A.
AND TWO P TO A TWO TO TWO P AND THEY'LL BE THEY'LL BE RECEIVED IN EVIDENCE AFTER MR. PEREZ HAS AN OPPORTUNITY TO PRESENT THEM TO THE TO THE MAGISTRATE'S HEARING.
THANK YOU. AND I JUST WANTED TO CLARIFY THAT SO THAT WE CAN HAVE A CLEAN RECORD, SIR.
SO THE FIRST DEPICTION I HAVE HERE IS A JUST AN AERIAL DEPICTION SHOWING THE PROPERTY AND REFERENCE TO THE ROADWAY ALONG SOUTHWEST ONE HUNDRED AND SIXTY NINTH AVENUE.
NOW GOING ON INTO EXHIBIT TO BE THE TOP PHOTO IS A DEPICTION OF THE FRONT SIDE OF THE PROPERTY.
THE DOOR THAT'S REFLECTED HERE IS THE FRONT DOOR, THE MAIN ENTRANCE OF THE PROPERTY, AND THESE FIRST FEW PHOTOS ARE JUST GOING TO BE GENERAL DEPICTIONS OF THE EXTERIOR.
PRIOR TO US MAKING AN ENTRY FOR THE INSPECTION.
AND AS YOU CAN SEE ON THIS TOP PHOTO.
ON THE DEPICTION OF THE FRONT DOOR, WE HAVE PANELING THAT IS IN DISREPAIR, AND THEY'VE I GUESS THE THE RESIDENT HAS TAKEN IT UPON HIMSELF TO PUT PLYWOOD IN ORDER TO REMEDY THE THE. OH, ISSUES ON THE FRONT DOOR THERE.
NEXT, PHOTO HERE ON THE BOTTOM LEFT SIDE, YOU COULD SEE THAT SOME OF THE PANELING ON LONG THE EXTERIOR HAS STARTED TO DETERIORATE AND IS.
SUBSEQUENTLY, FALLING APART WHEN YOU WHEN YOU'RE LOOKING AT THE WHEN YOU'RE LOOKING AT THE PROPERTY FROM THE STREET.
YES. AND IS THIS ON THE LEFT SIDE OF THE HOUSE RIGHT SIDE BECAUSE I'M TRYING TO GET IT NORTH SOUTH EAST WEST DESIGNATION? UNDERSTOOD, UNDERSTOOD.
SO THERE CAN BE CLEAR ON THE RECORD ABOUT WHICH WHERE THIS WAS FOUND ON THE PROPERTY, ON THE STRUCTURE. SO, SO THE THE PROPERTY IS LOCATED.
THE FIRST PHOTO IS GOING TO BE A DEPICTION OF THE EAST SIDE OF THE PROPERTY AND THEN I'M WORKING MY WAY ALONG THE SOUTH SIDE OF THE PROPERTY, WHICH WOULD BE MY LEFT SIDE.
OK. SO GOING ON INTO TO SEE ON THE TOP PHOTO AGAIN, THIS THIS HERE, THIS DEPICTION IS AGAIN JUST SHOWING THE PANELING THAT HAS FALLEN OFF ALONG THE SOUTH SIDE OF THE PROPERTY AND SOME OF THE VEGETATION THAT HAS OVERGROWN AND GROWING ALMOST INTO THE THE FOUNDATION AND PANELING OF OF THE OF THE HOME.
BUT MR. PEREZ, YOU KNOW, WHETHER OR NOT THIS HOME WAS CONSTRUCTED INITIALLY AS NEW CONSTRUCTION OR WAS THIS A PREFABRICATED HOME THAT WAS PUT ONTO THE SITE? I DON'T, I DON'T KNOW THAT, BUT WE DO HAVE OUR BUILDING OFFICIAL HERE THAT COULD PROVIDE THAT INFORMATION. HE COULD GIVE YOU THAT EXPERT.
AND THEN GOING INTO THE THE BOTTOM PHOTO HERE, YOU COULD SEE SOME OF THE THE FASCIA THAT'S FALLING APART AND IT'S LEAVING HOLES GOING INTO THE ROOF.
WHICH OBVIOUSLY HASN'T BEEN REPAIRED.
OUR CONCERN HERE IS, YOU KNOW, THE RISK OF WILDLIFE AND OR ANY KIND OF NUISANCE WILDLIFE GETTING INTO THE RESIDENTS AND PRESENTING A HARM OR A HAZARD TO ANY OF THE RESIDENTS WITHIN THE DWELLING.
AND GOING FURTHER INTO THE FURTHER END OF THIS PHOTO, YOU'LL SEE THAT SOME OF THE AGAIN, SOME OF THE PANELING HAS IN DISREPAIR AND HAS BEEN REPLACED BY JUST SHEETS OF PLYWOOD THAT HAVE BEEN SCREWED INTO THE THE STRUCTURE.
[00:15:05]
AND GOING INTO 2D, THIS IS A CLOSE UP SHOT OF THAT LAST DEPICTION SHOWING THE WINDOW AND JUST SOME OF THE THE WOOD SURROUNDING THE WINDOW THAT IS IN DISREPAIR.AND AGAIN, THESE ARE BASED ON MY OBSERVATIONS.
THESE OPENINGS HERE LEAD RIGHT INTO THE RIGHT INTO THE DWELLING, WHICH IS AN EXTREME CONCERN FOR US BECAUSE WE WOULDN'T WANT ANY NUISANCE WILDLIFE TO AGAIN PRESENT A HAZARD TO ANYBODY OCCUPYING THIS, THIS RESIDENCE.
IN THAT PICTURE, IS THAT A WINDOW THAT SITS ON THE GROUND, OR IS THAT A DOORWAY? IT LOOKS IT LOOKS KIND OF LIKE A DOORWAY, BUT IT DOES.
THIS APPEARS THIS PORTION OF THE HOME AND AGAIN, OUR BUILDING OFFICIAL COULD ATTEST TO IT. THIS IS WE'RE ON THE SOUTH SIDE, FAR SOUTHWEST CORNER OF THE HOME AT THIS POINT.
AND THIS PORTION OF THE HOME WAS A BIT ODD BECAUSE IT APPEARED AS THOUGH IT MIGHT HAVE BEEN ADDED ON ILLEGALLY AT SOME POINT BECAUSE WE DON'T HAVE ANY RECORDS THAT REFLECT THAT THIS WAS DONE WITH A PERMIT, WHICH IS WHY IT'S A BIT OFF COMPARED TO THE REST OF THE HOME. AND BUT IT IS A WINDOW TO ANSWER YOUR QUESTION.
IT'S NOT A DOORWAY BY ANY MEANS.
IT'S A WINDOW THAT HAS BEEN ADDED ONTO THE HOME.
YES, PLEASE CONTINUE. AND THEN THIS BOTTOM PHOTO, WE ARE NOW GOING AROUND, FINISH GOING AROUND THE SOUTH SIDE OF THE PROPERTY AND WE'RE ALONG THE WEST SIDE OF THE STRUCTURE.
AND AGAIN, THIS KIND OF GOES TIES INTO WHAT WE JUST WHAT I JUST STATED WHERE WE HAD SUSPICIONS OF THIS BEING ILLEGALLY CONVERTED OR ADDED ON.
AT SOME POINT, AS YOU COULD SEE, THE THE PANELING CHANGES TO JUST PLYWOOD AND THERE'S A GAPING HOLE RIGHT UNDER THE FASCIA.
THE ROOF OF THIS PORTION OF THE HOME IS LITERALLY JUST A SHEET OF PLYWOOD AND WITH A LARGE HOLE THAT GOES INTO THE DWELLING.
AND YOU KNOW, THERE'S AN EXTREME CONCERN JUST FOR THE WELFARE OF ANYBODY THAT'S OCCUPYING THIS PORTION OF THE OF THE RESIDENTS.
AND I BELIEVE THIS WOULD BE TABBED TO E! THIS, AGAIN, IS THE WEST SIDE OF THE PROPERTY.
IT'S JUST GIVING YOU A BETTER DEPICTION OF THIS PORTION THAT HAS BEEN ADDED ON TO THE DWELLING. YOU CAN SEE THE PLYWOOD THAT THEY'VE USED TO CONVERT THIS PORTION OF OF THE DWELLING AND AGAIN GOING INTO THE REAR DOOR.
THIS IS THE REAR DOOR OF THE RESIDENCE HERE.
IT WASN'T BASED UPON MY UNDERSTANDING BEING USED AS AN ENTRYWAY BY ANY MEANS.
BUT YOU COULD SEE THE TOP PORTION THERE OF THE FASCIA THAT'S JUST TORN UP IS IN COMPLETE DISREPAIR. AND THEN TYING INTO SOME OF THE TRASH AND DEBRIS, YOU'LL SEE THE PROPANE TANK AND THERE'S A LARGE AMOUNT OF MISCELLANEOUS MATERIAL THAT IS ACCUMULATING ALONG THE OUTSIDE PORTION OF THE HOME.
OKAY, IS IS IT MY IS IT THE ANGLE OF THE PICTURE OR DOES IT? IT LOOKS LIKE THAT ISN'T LEVEL ONE HUNDRED PERCENT.
YEAH, THE THAT'S NOT THE ANGLE OF THE PICTURE.
IT'S NOT THE ANGLE OF THE PHOTO.
YEAH, THAT PORTION OF THE HOME, LIKE I SAID, WHERE THE PLYWOOD IS, THERE IS AN EXTREME CONCERN NOT ONLY FOR MYSELF, BUT EVEN OUR BUILDING OFFICIAL WHO WAS THERE AT THE TIME OF MY INSPECTION ON DECEMBER 14TH OF TWENTY TWENTY ONE.
AND THAT PORTION OF THE HOME IS DEFINITELY OFF.
NOT NOT BALANCED BY ANY MEANS WITH THE REST OF THE HOME.
AND GOING INTO THE BOTTOM TAB HERE, WE HAVE AGAIN JUST DEPICTIONS, I WANTED TO STRESS THE THE FASCIA ALONG THE FAR WEST SIDE OF THE PROPERTY.
THE REAR SIDE OF THE PROPERTY THAT IS JUST DETERIORATING.
LARGE PORTIONS OF THIS ROOF THAT ARE IN DISREPAIR, WHICH IS AGAIN A CONCERN FOR ANY OF THE RESIDENTS. NOW GOING ON TO TAB TO 2F AGAIN, NOW WE'RE GOING FROM THE WEST SIDE TO THE THIS WOULD BE THE FAR NORTHWEST CORNER OF THE DWELLING.
WE HAVE A CLOSE UP SHOT HERE OF THE FASCIA ON THAT FAR NORTHWEST CORNER THAT'S IN DISREPAIR. YOU COULD SEE THE THE WOOD IS JUST HANGING BY A FEW SCREWS THAT ARE STILL IN PLACE AND ALL THAT IS COMPLETELY OPEN AND EXPOSED.
[00:20:06]
I MEAN, IT HAS THE POTENTIAL FOR ANY KIND OF NUISANCE WILDLIFE TO GO ON IN THERE AND PRESENT A HAZARD TO ANY OTHER RESIDENTS.NOT A PROBLEM. AND THEN GOING ON TO THE BOTTOM TAB OF THIS PHOTO OF TUI, WE HAVE A DEPICTION OF AGAIN, A LOT OF TRASH, BUT JUST MISCELLANEOUS MATERIAL, WHETHER IT'S TRASH OR DEBRIS JUST ACCUMULATING ALONG THE EXTERIOR POINTS OF THE HOME.
IT LOOKS THERE THAT THERE'S JUST SOME PIECES OF PLYWOOD THAT ARE PROPPED UP ALONGSIDE THE HOME THAT ARE, YOU KNOW, MOLDED, ROTTING.
AND AGAIN, OUR CONCERN IS THAT PRESENTING A HAZARD TO ANY OF THE RESIDENTS THERE ON THIS PROPERTY. GOING ON TO TWO F HERE, WE ARE NOW FINISHED WRAPPING AROUND THE NORTH SIDE OF THE HOME AND WE'RE BACK ALONG THE EAST SIDE, WHERE THE MAIN ENTRANCE IS THE FRONT SIDE OF THE PROPERTY.
AND THIS IS JUST A CLOSE UP SHOT OF THE FRONT DOOR.
YOU COULD SEE THAT IT IS IN DISREPAIR WITH SEVERAL SHEETS OF PLYWOOD THAT HAVE BEEN PROPPED OR SCREWED INTO THE DOOR.
I'M GATHERING A WEATHERPROOF IT OR PREVENT IT FROM HAVING THESE GAPING HOLES.
AND THEN GOING ON TO THE BOTTOM PHOTO, YOU CAN SEE THAT RIGHT THERE AT THE MAIN ENTRANCE, THE FLOOR, THE PLYWOOD IS JUST IN COMPLETE DISREPAIR.
MYSELF AND OUR BUILDING OFFICIAL WHO FACILITATE SOME MORE TESTIMONY HERE IN A MINUTE WERE CONCERNED. JUST STEPPING INTO THE HOME, YOU KNOW, SEEING AS IT IS ELEVATED AND THERE'S AN EXTREME CONCERN THAT ANYBODY COULD JUST FALL RIGHT THROUGH THERE AND REALLY, REALLY HURT THEMSELVES. THAT'S ROTTED PLYWOOD THERE.
THAT'S I JUST I JUST WANTED TO BE SURE.
YES, SIR. AND GOING ON TO TAB TO GEE HERE, WE'VE NOW ENTERED THE DWELLING AND THIS THAT AREA THAT WE'VE ENTERED WHERE YOU SEE THE THE WOOD FLOORING OR THE VINYL FLOORING IS LIKE A GRAY WOOD THAT WOULD BE THE FOYER.
AND THEN WE ARE GOING INTO THE MAIN LIVING SPACE OF THE HOME AND YOU COULD SEE RIGHT THERE IN THAT PARTITION, LEADING INTO THE THE LIVING SPACE.
THERE'S APPEARS TO JUST THERE APPEARED TO HAVE BEEN JUST MULTIPLE LAYERS OF PLYWOOD THAT HAVE BEEN REAPPLIED OVER TIME TO REINFORCE THE THE ACTUAL FLOORING OF THE HOME.
AND IF YOU LOOK ALONGSIDE THESE, THIS DIVIDER HERE WHERE THESE LITTLE DARK AREAS ARE, THESE ARE ACTUALLY HOLES THAT GO RIGHT INTO THE GROUND.
THERE'S NO INSULATION OR ANYTHING THAT'S PREVENTING ANY SORT OF NUISANCE, WILDLIFE MOISTURE, WHATEVER IT MAY BE FROM ENTERING THIS HOME AND PRESENTING A POTENTIAL HAZARD TO THE RESIDENTS. AND AGAIN, THIS IS ANOTHER DEPICTION ON THE BOTTOM SIDE HERE OF TWO GEE, THAT WE'RE NOW IN THE LIVING SPACE, AS YOU COULD TELL, THE FLOORING HAS CHANGED TO KIND OF LIKE A STONE VINYL.
AND THIS IS LEADING INTO ONE OF THE BEDROOMS AND YOU COULD SEE THE THE DIVIDING PORTION OF THIS ENTRYWAY IS HAS GAPING HOLES IN THE DARK PORTIONS THERE GO RIGHT INTO THE GROUND AND THIS ROOM ACTUALLY HAS NO FLOORING WHATSOEVER.
IT'S JUST ALL PLYWOOD WITH SCREWS THAT ARE GOING INTO THE THE FOUNDATION.
SO AGAIN, AND IT'S MULTIPLE LAYERS THAT WE'RE CONCERNED THAT, YOU KNOW, THE RESIDENT OR ANYBODY WHO'S VISITING THIS PROPERTY COULD JUST FALL RIGHT THROUGH THERE, SEEING AS NONE OF THIS WAS DONE UP TO CODE OR NOR WAS IT DONE WITH A PERMIT.
AND THEN WE'RE GOING TO ROLL INTO 2H HERE.
NOW THIS AT THIS POINT, I'VE ENTERED THAT BEDROOM THAT YOU SAW THE ENTRYWAY OF.
AND YOU COULD SEE IN THIS PHOTO ON THE TOP PHOTO.
IF YOU LOOK AT THE FLOORING, THERE'S ALMOST LIKE A STEPDOWN.
AND IT JUST JUST TO SHOW YOU HOW MANY LAYERS OVER TIME OF PLYWOOD THAT THEY'VE JUST CUT IN AND STACKED INTO PLACE THERE TO REINFORCE THE FLOORING OF THE HOME.
[00:25:02]
AND ALONG THE FAR LEFT SIDE OF THIS PHOTO, YOU COULD SEE A LARGE, GAPING HOLE IN THE WALL THAT HAS NOT BEEN REPAIRED.AND THIS JUST GOES INTO THE WALL ITSELF.
I WOULD. I WOULD JUST WANT TO MAKE A POINT OF THAT.
AND AGAIN, THIS IS THAT SAME ROOM, AND IT'S JUST AGAIN WANTED TO REFLECT THAT YOU COULD SEE THE DIFFERENT PIECES OF PLYWOOD THAT HAVE BEEN CUT INTO PLACE TO REINFORCE THE FLOORING, WHICH IS REALLY A LARGE, PROBABLY THE LARGEST CONCERN WITH REGARDS TO THIS CASE IS THE THE FOUNDATION OF THIS HOME IS AN EXTREME HAZARD.
YOU KNOW, WE'RE GOING TO ROLL INTO TWO EYE, SO THIS HERE, WE'RE GOING THROUGH THE LIVING SPACE AND NOW WE'RE ENTERING.
THIS IS THE ENTRYWAY THAT LEADS US INTO THE KITCHEN.
AND AGAIN, JUST A GENERAL DEPICTION SHOWING THE AMOUNT THE SEVERAL RATHER SHEETS OF PLYWOOD THAT HAVE BEEN STACKED UP.
AND AS YOU CAN SEE IN THE ENTRYWAY, THERE'S SOME LARGE GAPING HOLES THAT AGAIN GO RIGHT INTO THE GROUND. THERE'S NO SORT OF INSULATION OR ANYTHING PREVENTING ANY HAZARDOUS MATERIAL OR ANIMALS FROM COMING IN.
ALL RIGHT. AND THIS HERE IS THE LIVING SPACE.
AND THIS IS THE ROOF OF THE LIVING SPACE.
AS YOU CAN SEE, IT'S IT APPEARS TO BE SOME SORT OF PANELING THAT THEY USED TO REINFORCE THE ROOF. AND YOU KNOW, THERE'S A LOT OF LARGE HOLES, JUST CRACKS THAT HAVEN'T BEEN SEALED OFF.
AND YOU COULD SEE WHERE SOME PORTIONS OF IT ARE A BIT WARPED.
I DON'T, I'M NOT ENTIRELY SURE.
AND THIS PORTION OF THE HOME, IF IT WAS A RESULT OF WATER DAMAGE OR IF IT'S JUST A RESULT OF THE PRESSURE FROM THE SCREWS, THAT'S MAKING IT LOOK AS IF, THOUGH IT'S A BIT WARPED THERE. BUT OUR MAIN CONCERN IS THAT SEEING AS IT'S DONE, YOU KNOW, OUT OF CODE AND IT'S NOT INSULATED, AND NOW WE HAVE A LIGHT FIXTURE IN THE MIDDLE OF THIS ROOM WITH ELECTRICAL WERE GATHERING RUNNING THROUGH IT.
SO THERE'S A HUGE CONCERN THERE WITH REGARDS TO THIS ROOF IN THE MAIN LIVING SPACE OF THE HOME. AND NOW GOING INTO TWO OR RATHER, J SO TOO, JAY, HERE ON THE TOP PHOTO, WE WE'VE NOW ENTERED THE KITCHEN.
NOW THIS THIS HERE WAS REALLY A HUGE CONCERN.
I CAN ATTEST TO WHETHER OR NOT THIS OVEN WORKS.
BUT AS YOU CAN SEE IN THE PHOTO, THERE'S A LARGE AMOUNT OF JUST LOOKS LIKE SOME SMALLER OVEN OR APPLIANCE AND SOME SHEETS OF PLYWOOD OR TWO BY FOUR THAT ARE LYING ON TOP OF THE GUEST STOVE OVEN AND.
YOU KNOW, THERE'S A BIG CONCERN THERE IS THAT GAS STILL CONNECTED TO A LINE AND IS THAT LIVE? MY UNDERSTANDING IS THAT IT IS.
BUT AGAIN, OUR BUILDING OFFICIALS HERE, ANYTHING YOU KNOW HE COULD, HE COULD DEFINITELY SHED SOME MORE LIGHT ON WHETHER OR NOT IT WAS A LIFELINE BECAUSE HE DID CONDUCT HIS HIS INSPECTION. MY CONCERN REALLY HERE WAS OBVIOUSLY IT DOESN'T APPEAR AS IF, THOUGH THIS STOVE IS BEING USED, SO I'M NOT SURE IF THE RESIDENTS EVEN HAVE WHERE TO COOK THEIR FOOD.
AND AS YOU CAN SEE, JUST ON THE FAR RIGHT CORNER THERE, IT LOOKS LIKE THE ROOF.
SOME OF THE ROOF IS JUST PEELING AWAY AND YOU COULD SEE SOME CRACKS DEVELOPING THERE IN THE ROOF AND THE KITCHEN.
AND GOING INTO THE BOTTOM PHOTO HERE, YOU COULD SEE THAT THE THE CABINETRY IS JUST ALL IN DISREPAIR. THAT IS THE SINK, THAT IS THE SINK.
AND ONE OF THE BIGGEST CONCERNS IS THAT YOU ACTUALLY BROUGHT UP.
AND SOME OF MY TESTIMONY WITH THE EXTERIOR PHOTOS IS IF YOU LOOK AT THIS CABINET, IT DOESN'T EVEN APPEAR TO BE EVEN.
AND IT LOOKS LIKE IT'S JUST OUT OF PLACE.
YOU KNOW, I DON'T KNOW IF THAT'S A RESULT OF OF SOME OF THE DAMAGE THAT'S GOING ON ALONG THE EXTERIOR THAT'S CAUSED SOME OF THESE PORTIONS OF THE HOME TO SHIFT.
[00:30:01]
AND AND BUT THAT CABINET IS THAT THE OUTSIDE YOU CAN SEE IS THAT ANOTHER PORTION OF THE SITE? YEAH, THAT'S JUST ANOTHER PORTION OF THE SIDING.THIS WALL, THOUGH, WHERE THE SINK IS, IS AN EXTERIOR WALL, BUT THAT IS JUST SOME OF THE PANELING. AS YOU COULD SEE, THEY HAVE SHEETS OF PLYWOOD AND YOU COULD EVEN SEE IT ON THE BOTTOM SIDE OF THE CABINETRY, WHERE IT LOOKS LIKE ONE PORTION OF THE WALL IS BLUE.
ANOTHER PORTION IS LIKE A WOOD COLOR, SO IT'S JUST A TON OF SHEETS OF PLYWOOD THAT HAVE BEEN USED TO REINFORCE THE HOME.
AND DID THAT SINK WORK? THEY'RE RUNNING WATER IN THAT SINK.
I DIDN'T GET A CHANCE TO TEST THE SINK, BUT I DO KNOW THAT AND YOU'LL SEE THIS AS WE GO FURTHER IN THESE DEPICTIONS THAT THERE WAS RUNNING WATER IN THE RESTROOM.
SO THERE IS A POSSIBILITY THAT THIS SINK WAS OPERABLE.
YEAH. NOW GOING INTO 2K, HERE WE HAVE A PHOTO OF THE ROOF OF THE KITCHEN, AND AS YOU COULD SEE, YOU COULD SEE IT IN THE SEAMS THERE AND IN JUST IN THE GRATING OF THE OF THE ACTUAL PANELING THERE THAT IT'S JUST SHEETS OF PLYWOOD THAT THEY'VE USED TO REINFORCE THE ROOF.
AND THIS MIDDLE PORTION HERE RIGHT NEXT TO THE LIGHT THERE WAS LIKE A DIVOT THERE WHERE THE THE ROOF JUST SEEMED TO SINK IN AND THAT PORTION OF THE HOME ROOF SINKING THE CEILING OR THE ROOF, THE WELL, I GUESS THE CEILING, I WOULD SAY.
AND NOT, I'M GOING TO ASK MR. I'M GOING TO ASK THE MR. GARGANO SOME QUESTIONS ABOUT THE STRUCTURE.
BUT BUT I'M JUST GETTING, YOU KNOW, JUST TRYING TO GET A FLAVOR OF THAT'S THAT APPEARS TO BE THE CEILING. DID YOU HAVE A CHANCE TO GO OUTSIDE AND SEE IF ANYTHING WAS ON THE ROOF THAT WOULD CAUSE IT TO? I DIDN'T GET A CHANCE TO ACTUALLY GO UP AND SEE.
I WOULDN'T. I DIDN'T HAVE A VANTAGE POINT OF VIEW FROM YOUR VIEW OUTSIDE.
IT LOOKED AT IT LOOKED AS IF MAYBE THE ROOF WAS MAYBE EIGHT OR NINE FEET TALL TOPS.
YEAH, YEAH, A HUNDRED PERCENT.
YOU'RE SIX FEET. YOU CAN KIND OF SEE WHETHER OR NOT THERE'S ANYTHING LIKE BRANCHES OR DEBRIS OR, YES, THE LEAVES OR SOMETHING LIKE THAT ON THE ROOF THAT MIGHT BE CAUSING IT TO SAG AS OPPOSED TO SIMPLY THE CEILING.
YEAH. YEAH, I'M JUST TRYING TO GET IT.
GET AN UNDERSTANDING FOR, YOU KNOW, FOR WHAT THE WHAT THE VIOLATIONS ARE.
AND THIS BOTTOM PHOTO HERE IS THAT THAT ROOM THAT'S ALONG THE SOUTHEAST CORNER, THE FAR SOUTHEAST CORNER LEADING TO THE REAR? WAS THIS THE ONE IN THE BACK THAT WAS LEANING? LOOKED LIKE IT WAS? YES. AND WENT INTO A PLYWOOD.
IT'S ACTUALLY A IN ADDITION TO THE HOME WE COULD THIS THIS HERE IS THE BASICALLY, YOU KNOW, A HALLWAY THAT LEADS INTO FROM THE KITCHEN INTO THIS PORTION OF THE HOME.
AND AS YOU CAN SEE THE ROOF HERE, THIS PHOTO WAS NOT TAKEN AT AN ANGLE BY ANY MEANS.
YEAH, YOU COULD SEE THE ROOF IS SLOPED.
IT LOOKS LIKE THERE'S A BIG BOW IN THE ROOF OR YEAH, YEAH.
AND IS THERE A PARTITION? DO YOU KNOW? AND I'LL ASK MISS ALASKA, THE BUILDING INSPECTOR THIS.
BUT IS THAT CEILING THAT WE SEE? IS THAT ALSO THE ROOF OR IS THERE A SPACE IN BETWEEN THAT THOUGH? SO YEAH, THIS PORTION OF THE HOME IS, IS THE ROOF.
WHAT YOU SEE HERE IS THE TOP IS, IS THE ROOF.
UNLIKE, THERE'S NOTHING IN BETWEEN THAT.
THE ESTHETIC THING THAT THEY'RE DOING FOR AN ART PROJECT.
AND WE DIDN'T REALLY TAKE A CHANCE TO WALK IN THERE JUST OUT OF FEAR OF NOT ONLY THE FLOORING GIVING OUT, BUT THEN, YOU KNOW, OUR OUR HEADS WOULD HAVE RAN RIGHT INTO THE ROOF THERE. SO WE DIDN'T WANT TO RISK IT.
BUT FROM THIS PHOTO, FROM A DISTANCE, YOU COULD JUST SEE THAT THE PANELING INSIDE IS AGAIN JUST REINFORCED WITH PLYWOOD AND AND THE SEAMS. HERE OF THIS WINDOW, YOU COULD SEE THE LIGHT JUST COMING IN FROM THE OPENINGS THAT ARE ALONG THE EXTERIOR.
SO THE WINDOW THAT WE'RE LOOKING AT, NOT A DOORWAY, NOT A DOORWAY.
SO ON THE REAR END, WITHIN THE HOME, THERE'S A FORK WHEN YOU GET THROUGH THE KITCHEN.
ONE SIDE LEADS TO THAT LAST DEPICTION WE SAW AND THE OTHER END LEADS TO APPEARS TO BE LIKE A DEN AREA THAT'LL TAKE US INTO THE RESTROOM OF THE HOME.
OK. AND SO AS YOU CAN SEE HERE, THERE'S A APPEARS TO BE A WASHER THERE.
I DON'T BELIEVE THIS WAS OPERABLE.
I THINK IT WAS JUST BEING STORED THERE.
[00:35:02]
BUT YOU COULD SEE THIS DOOR THAT'S IN THIS DEPICTION IS THE REAR DOOR.THIS IS THE REAR DOOR OF THE HOME.
AND WE GATHERED THAT IT WASN'T BEING USED BECAUSE NOT ONLY WAS IT REINFORCED FROM THE OUTSIDE WITH LOCKS, BUT THEN ON THE INSIDE YOU COULD SEE THEY HAVE KIND OF LIKE A WOOD STICK. ASIDE FROM THE DEADBOLT THAT THEY USED AS A SWIVEL TO JUST REINFORCE THE THE DOOR AND KEEP IT FROM OPENING.
OKAY, THAT PORTION WAS THAT PORTION, THE PORCH.
SO THE OTHER PORTION WAS THE PORTION THAT APPEARED TO BE THE ADDITION THAT WAS DONE WITH THAT. YES. YES. THIS PORTION IS A PORTION OF WHAT APPEARED TO BE THE ORIGINAL STRUCTURE.
AND AGAIN, LOOKING AT THE SO FOR THIS PORTION OF THE HOME, YOU CAN SEE THE CEILING IS IT APPEARS TO HAVE BEEN REINFORCED WITH SOME SORT OF VINYL THING.
YOU COULD SEE IT KIND OF HAS A LITTLE BIT OF A SHIMMER ON IT, BUT THERE ARE A LOT OF DIVOTS IN IT. AND IF YOU LOOK JUST NEAR THE TOP SIDE OF THE DOOR, YOU COULD SEE THAT THERE'S STAINS THAT WE'VE GATHERED AND THEY WERE WHAT THEY WERE MOIST TO THE TOUCH.
YOU COULD SEE THAT THERE'S WATER COMING INTO THIS PORTION OF THE HOME.
AND SO GOING INTO THE BOTTOM PORTION, THIS AGAIN, JUST SHOWING YOU THE THE THE FLOORING AND YOU COULD SEE THE WOOD, THE SHEETS OF PLYWOOD THAT ARE BEING USED TO REINFORCE THE THE FLOORING. AND YOU COULD SEE SOME OF THE HOLES, YOU KNOW, SEPARATING THE THE DIFFERENT SHEETS. SO THERE'S JUST A HUGE CONCERN HERE WITH AGAIN, NUISANCE, WILDLIFE OR MOISTURE OR ANYTHING GETTING INTO THIS HOME.
AND THEN. WE'LL GO TO EM HERE. THIS HERE IS A CLOSE UP SHOT OF THE TOP PORTION THERE OF THE REAR DOOR.
AND AS YOU CAN SEE, IT IS VERY WET THERE.
THERE'S SOME STAINS WHERE THE WATER HAS BEEN GATHERING AND SETTLING IN THE ROOF AND YOU COULD SEE A HOLE ACTUALLY STARTING TO DEVELOP THERE JUST ABOVE THE REAR DOOR.
I'M. THINKING IT'S GOING TO BE I MEAN, IT'S HARD TO SEE IT AND MAKE IT OUT, BUT IN THOSE HOLES THERE WAS MOLD IN THOSE HOLES BLACK MOLD THAT APPEARED TO HAVE BEEN DEVELOPING THERE DUE TO THE MOISTURE.
AND AGAIN, THIS SECOND PHOTO IS JUST AN ADDITIONAL DEPICTION OF THE WATER THAT'S GATHERING THERE, AND YOU COULD SEE WHERE THE CEILING IS.
LOOKS LIKE IT'S BOEING STARTING TO GIVE A LITTLE BIT FROM ALL THE WATER THAT'S GATHERING THERE.
AND GOING INTO TO RN HERE, THE TOP PHOTO THERE IS LEADING US INTO THE RESTROOM AND THIS HERE, I JUST WANTED TO AGAIN REFLECT THAT YOU COULD SEE THE SEVERAL SHEETS OF PLYWOOD THAT ARE JUST BEING STACKED UPON ONE ANOTHER TO REINFORCE THE FLOOR AND THIS IS THE ENTRYWAY TO THE RESTROOM.
AND AT THIS POINT IN THIS DEPICTION HERE, I'VE ENTERED THE RESTROOM, AND THIS IS JUST AS I'M GOING THROUGH THE PATH OF GETTING THROUGH THIS RESTROOM, WHICH HAD NO DOOR, THERE WAS THERE WASN'T A DOOR TO THE RESTROOM.
BUT ON THE RIGHT HAND SIDE HERE, IT APPEARS TO HAVE BEEN A LINEN CLOSET THAT WAS THERE OR BUILT THERE AT SOME POINT WHERE THEY'RE STORING JUST SOME MISCELLANEOUS MATERIAL.
AND ON THAT LEFT SIDE OF THE PHOTO, WHERE YOU SEE THE GREEN PANELING ON THE WALL THAT THERE IS A CURTAIN, THAT'S THE THAT'S THE TOP.
AND YOU COULD SEE THAT THAT WALL THAT, YOU KNOW, IS A PARTITION FROM THE LINEN CLOSET OR STORAGE CLOSET TO THE TUB, THERE'S A LARGE GAPING HOLE THERE.
AND AGAIN, THAT YOU COULD SEE ON THE FAR RIGHT SIDE HERE THERE'S AN OUTLET.
YOU COULD SEE IT'S JUST ALL PLYWOOD AND IT JUST GOES RIGHT INTO THE INTERIOR OF THAT WALL, WHICH, YOU KNOW, AGAIN, SEEING AS THE FLOORING HAS LARGE AMOUNT OF HOLES AND ISN'T AS INSULATED.
YOU KNOW, THERE'S A CONCERN OF JUST NUISANCE, WILDLIFE OR MOISTURE DEVELOPING IN THE HOME AND CREATING MORE ISSUES.
AND NOW WE'RE GOING INTO TWO OH, HERE AND NOW WE'VE DREW BACK THE CURTAIN.
[00:40:03]
AND YOU COULD SEE THE THE BATHTUB, IT WAS OPERABLE THERE WAS RUNNING WATER THERE.OUR BIGGEST CONCERN HERE WOULD BE THAT IF YOU KNOW, OBVIOUSLY WE DIDN'T SEE IT, WE WEREN'T A WITNESS TO IT. BUT IF A LOT OF OTHER PORTIONS OF THE HOME, FROM THE FOUNDATION TO THE CEILING AND THE ROOF WEREN'T REINFORCED OR INSTALLED PROPERLY, THERE'S A CONCERN HERE THAT THIS TUB MAY HAVE SOME HOLES IN CERTAIN SPOTS THAT ARE CREATING MOISTURE TOGETHER WITHIN THE HOME, WHICH IS A, YOU KNOW, A HAZARD.
AND THAT'LL COMPLETE THE SERIES OF PHOTOS.
THERE WAS THERE WAS A TOILET, THERE WAS A TOILET AND IT WAS OPERABLE.
YEAH. I DON'T HAVE A DEPICTION OF IT, UNFORTUNATELY, BUT IT WAS OPERABLE WHEN WE VISITED.
ON THE DAY THAT YOU TOOK THESE PICTURES WAS THE WAS THE TENANT OR OWNER THERE? THEY CAME THERE SHORTLY AFTER I COULD JUST TO GIVE YOU SOME LIGHT AS TO WHAT LED TO ME RESPONDING. THERE WAS A AN ELECTRICAL PANEL, A NEW PANEL THAT WAS BEING INSTALLED IN THE HOME WITH PROPER PERMITS.
THEY DID OBTAIN PROPER PERMITS FOR THIS AND MY BUILD, OUR BUILDING OFFICIAL WAS OUT THERE FOR A FINAL INSPECTION WITH THE CONTRACTOR THAT WAS THERE WHO BUILT IT.
AND OBVIOUSLY A PORTION OF HIS INSPECTION IS TO GET WITHIN THE HOME TO INSPECT THE INTERIOR PORTION OF THE PANEL.
AND IT WAS THEN THAT HE DISCOVERED THE SEVERITY OF THE, YOU KNOW, ACTUAL STRUCTURE AND, YOU KNOW, THE PORTIONS THAT WERE IN DISREPAIR, WHICH RESULTED IN HIM CONTACTING OUR CODE COMPLIANCE DEPARTMENT AND ME GOING OUT TO CONDUCT MY INSPECTION.
ALL RIGHT. ARE THERE ANY CHILDREN LIVING IN THAT HOME? NO, NO CHILDREN, NO CHILDREN.
IT'S JUST ONE ELDERLY GENTLEMAN THAT RESIDES THERE.
WHAT'S THE AGE OF THE GENTLEMAN THAT RESIDES THERE? I DON'T KNOW HIS AGE.
I DON'T WANT TO ASSUME, BUT I COULD SAY THAT HE'S DEFINITELY HE COULD BE WELL OVER 60 YEARS OLD. I WOULD SAY THE GENTLEMAN THAT RESIDES THERE DID HE? DID HE APPEAR TO YOU TO HAVE ANY PHYSICAL LIMITATIONS OR INFIRMITIES THAT MIGHT FROM? YES. YES.
SO HE YES, HE WHEN HE ARRIVED, HE WAS OPERATING A BICYCLE.
FROM WHAT I UNDERSTAND, IN SPEAKING WITH THE HEAD OF THE ESTATE, HE DOES DOESN'T HAVE THE ABILITY OR CAPABILITY OF OPERATING A VEHICLE.
AND IT'S VERY DIFFICULT FOR HIM TO HOLD CONVERSATION.
SO WHEN I DID ENGAGE WITH THE RESIDENT THERE AND I TRIED TO EXPLAIN TO HIM THAT I WAS THERE BASED ON A HAZARD AND A CONCERN FOR HIS WELL-BEING.
HE KIND OF SEEMED TO CARRY ON AND JUST MUMBLING AND, YOU KNOW, MAKING COMMENTS THAT DIDN'T REALLY COINCIDE WITH WHAT WE WERE THERE TALKING ABOUT, YOU KNOW, IN YOUR CONVERSATIONS WITH THE ESTATE.
DID IT APPEAR THAT HE WAS UNDER SOME SORT OF ADULT OR ELDER CARE? YES. YES.
SO WHAT WAS THAT? WHAT WAS THAT DESCRIPTION FROM MR. ELIJAH? YES.
I LIKE MR. ELIJAH. GRIFFIN STATED THAT THERE WAS A IDENTIFIED I'VE ONLY BEEN ABLE TO IDENTIFY HER AS MISS ELOISE, AND APPARENTLY SHE DOES RESIDE HERE WITHIN THE VILLAGE.
HE IDENTIFIED HER AS HIS BROTHER'S POWER OF ATTORNEY.
SO SHE HANDLES ALL HIS MONEY, ALL OF HER BROTHER'S MONEY.
HE IS DISABLED AND RECEIVES AN INCOME FROM FROM THE GOVERNMENT.
BUT THAT'S THE EXTENT OF WHAT I WHAT I'VE GATHERED AND FROM WHAT I UNDERSTOOD, MISS ELOISE WAS GOING TO BE THE INDIVIDUAL THAT WOULD BE HERE IN THE STATE'S ABSENCE.
BUT THAT'S THE EXTENT OF WHAT THEY'VE EXPLAINED TO ME.
SO WERE YOU ABLE TO CONTACT THIS PERSON, MISS LOUISE, TO GET A FULL NAME AT ANYTHING? NO, NO. I WASN'T ABLE TO CONTACT HER.
HE TOLD ME THAT HE WOULD BE IN CONTACT WITH HER AND HE WOULD INSTRUCT HER TO TO COMMUNICATE WITH ME BECAUSE THIS PERSON, THE THE PERSON WHO USED YOU DISCUSSED IT WITH, STATED THAT THIS PERSON HAD A POWER OF ATTORNEY OVER THE GENTLEMAN WHO WAS LIVING IN THE ESTATE. YES, YES.
SO MR. ELIJAH GRIFFIN, DID HE INFORM YOU THAT THAT ANY OF ANY OF THE GENTLEMEN WHO LIVED THERE DID ANY OF HIS RIGHTS HAD BEEN TERMINATED? OR HAD, YOU KNOW, DID HE? IS THIS MAN A WARD OF THE STATE OR A WARD OF HIS ESTATE AND THEREFORE NOT CAPABLE OF
[00:45:01]
RESPONDING OR PARTICIPATING IN THE UPKEEP OF THIS AND THE UPKEEP? HE DID. HE DIDN'T DISCLOSE ANY OF THAT INFORMATION.ALL THE THE EXTENT OF WHAT HE TOLD ME WAS THAT HIS BROTHER WAS DISABLED AND THAT MR. LEWIS WAS MANAGING HIS FINANCES, HIS BROTHER'S FINANCES AND ENSURING THAT HIS BROTHER WAS, YOU KNOW, HAD THE NECESSITIES TO BE ABLE TO LIVE WITHIN THE HOME.
WHAT HE STATED TO ME AND I BELIEVE ALSO TO OUR BUILDING OFFICIAL, WAS THAT MR. LEWIS WAS GOING TO BE RESPONSIBLE FOR THE UPKEEP OF THE HOME, SEEING AS HE WAS GOING TO BE OUT OF STATE.
AND OBVIOUSLY, THAT HASN'T, YOU KNOW, IF SHE'S RESPONSIBLE, SHE'S NOT DOING, SHE'S NOT DOING THAT GREAT A JOB.
AND IT'S IT'S POSSIBLE SHE MAY NOT BE ABLE TO.
YEAH, BUT THIS SITUATION IS REALLY KIND OF APPALLING AND IT'S APPALLING FOR SOMEONE WHO IS AN ELDERLY PERSON WHO'S WHO'S RELIANT ON SOMEONE ELSE FOR THEIR CARE.
YES, TO BE LIVING IN THIS SITUATION, YES, ESPECIALLY WHEN OTHER MEMBERS OF HIS FAMILY ARE UNDER THE IMPRESSION THAT HE'S BEING TAKEN CARE OF IN A BETTER SITUATION THAN THIS.
YES. SO THAT'S I JUST IT LOOKS AS IF THAT ISN'T HAPPENING.
SO I WANTED TO MAKE SURE THAT THOSE FOLKS HAD AN OPPORTUNITY TO COME HERE AND SAY SOMETHING. YES, BECAUSE WE NEED OBVIOUSLY, IT'S OBVIOUS THAT MR. GRIFFIN NEEDS SOME HELP.
AND IT DOESN'T APPEAR THAT HE'S GETTING ANY SO TOO.
AND THIS IS A THIS IS KIND OF I NEED TO DISCUSS SOME THINGS WITH THE BUILDING OFFICIAL.
BUT AS FAR AS THE VIOLATIONS THAT WERE NOTICED THAT YOU NOTICED OUT THERE, DID YOU WRITE THEM ALL DOWN AND PUT THEM ON A LIST AND GIVE THEM TO THE CARETAKERS? YES, THEY COULD BE TAKEN CARE OF.
YES. SO SO THESE THESE AGAIN, I DIDN'T GET A CHANCE TO MEET.
WITH THE CARETAKER, BUT THE NOTICE OF VIOLATION LISTED ALL THE VIOLATIONS THAT WERE DOCUMENTED, AND IT WAS POSTED ON DECEMBER 14TH ON THE PROBLEM, WHICH I WAS GOING TO GET INTO HERE IN MY IN MY PRESENTATION.
BUT IT WAS POSTED ON THE DATE OF MY INITIAL INSPECTION AND SERVED VIA CERTIFIED MAIL AND REGULAR MAIL TO THE STATE, WHICH RESULTED IN HIM CONTACTING US FOLLOWING OUR OUR INSPECTION. OK, NOW THAT YOU'RE AWARE THAT THERE'S A POWER OF ATTORNEY THAT SOMEONE HAS A POWER OF ATTORNEY? YEAH, HAS THE VILLAGE SOUGHT TO GET ANY OF THOSE RECORDS SO THAT THEY COULD ENSURE THAT THE PERSON WHO HAS THAT A POWER OF ATTORNEY IS ALSO GETTING ALL THESE NOTICES SO THEY DON'T HAVE THEY? MY UNDERSTANDING IS THAT THEY DON'T HAVE CONTROL OF THE PROPERTY AND WHAT GOES ON WITH THE PROPERTY. THEY'RE JUST IN CONTROL OF WHAT GOES ON WITH THAT RESIDENT THAT'S THERE WITH THE GENTLEMAN THAT'S OCCUPYING THE RESIDENCE.
SO I HAVEN'T TAKEN THAT MEASURE BECAUSE WE'VE JUST GONE ABOUT NOTIFYING THE ANY OF THE INDIVIDUALS THAT ARE LISTED ON THE TAX ROLL THAT ARE RELATED TO THE ACTUAL PROPERTY ITSELF. BUT SO NO, TO ANSWER YOUR QUESTION, WE HAVEN'T MADE TAKING THOSE MEASURES TO NOTIFY THE THE INDIVIDUAL THAT'S TAKEN CARE OF THE RESIDENT.
OK. BECAUSE IF SOMEONE IS TELLING YOU THAT THERE'S A POWER OF ATTORNEY, YEAH, THAT'S A LEGAL DOCUMENT THAT USUALLY HAS TO BE RECORDED.
YEAH, YEAH. SO IT SHOULD BE RECORDED EITHER HERE IN MARTIN COUNTY OR WHEREVER IN CONNECTICUT. YEAH, THAT MR..
WHAT GRIFFIN? WHAT I CAN ATTEST TO IS THAT MR ELIJAH GRIFFIN DID STATE THAT HE HAD SPOKEN WITH THIS INDIVIDUAL WHO'S, YOU KNOW, REPORTEDLY TAKING CARE OF HIS BROTHER.
HE DID STATE THAT HE'S SPOKEN WITH THEM AND HAS TOLD THEM WHAT'S GOING ON, BUT WE HAVEN'T TAKEN THE ACTUAL MEASURES ON, YOU KNOW, PUTTING THEM ON NOTICE.
SO IF CAN YOU COMPLETE YOUR YES, SIR? YES, SIR. SO YEAH, WHAT OTHER ISSUES THAT YOU'RE GOING TO DISCUSS? A HUNDRED PERCENT. SO BASED ON MY INVESTIGATION, I ISSUED A NOTICE OF VIOLATION NOTICE OF HEARING.
ON THE DATE IN QUESTION, DECEMBER 14 OF TWENTY TWENTY ONE FOR THE HEARING OF JANUARY 18TH OF TWENTY TWENTY TWO, WHICH IS MARKED BEFORE YOU AS EXHIBIT THREE AND IN THE NOTICE, I CITED THE VILLAGE CODE VIOLATIONS CITED EARLIER IN MY TESTIMONY.
IN THE NOTICE, THE RESPONDENT WAS GIVEN UNTIL JANUARY 5TH OF TWENTY TWENTY TWO TO CORRECT THE VIOLATIONS AND WAS INFORMED OF THE NEED TO CONTACT
[00:50:06]
VILLAGE CODE ENFORCEMENT UPON DOING SO.THE NOTICE WAS SENT TO THE RESPONDENT VIA CERTIFIED MAIL AND IT WAS ALSO POSTED ON THE PROPERTY, ALONG WITH THE POSTING OR POSTING OF OF THE HEARING ON IN VILLAGE HALL.
THE RETURN RECEIPT FOR THIS WAS WAS RECEIVED ON DECEMBER TWENTY SECOND OF TWENTY TWENTY ONE AND IS AND WE DID AND I'M SORRY AND A PHOTOGRAPH OF MY POSTING IS MARKED BEFORE YOU AS EXHIBIT SICK OR RATHER FOR AND I'M GOING TO JUST GET TO MY.
SO THIS HERE IS A DEPICTION OF MY POSTING ON THE DATE OF DECEMBER 14TH, TWENTY TWENTY ONE ON THE FRONT DOOR OF THE HOME.
AND I DO HAVE A COPY HERE OF MY AFFIDAVIT OF SERVICE, WHICH WOULD BE MARKED BEFORE YOU AS EXHIBIT FIVE. IF YOU IF YOU'D LIKE.
YES, YES, WE'RE GOING TO TAKE ALL OF THIS IN EVIDENCE.
THIS HERE. SO THAT THERE IS MY AFFIDAVIT OF SERVICE.
REFLECTING THE THE DATE THAT THE NOTICE WAS SERVED VIA CERTIFIED MAIL AND POSTING AND PRESENTED BEFORE YOU HERE ON THE SCREEN, YOU HAVE A DEPICTION OF THE POSTING ON THE DATING QUESTION DECEMBER 14.
TWENTY TWENTY ONE. AS A RESULT OF THE POSTING, AS YOU CAN SEE IN THIS DEPICTION, THERE'S ALSO A POSTING THAT WAS MADE BY OUR BUILDING OFFICIAL, DEEMING THE STRUCTURE UNSAFE FOR HABITANTS.
AND AS A RESULT, THE RESONANCE WAS HAS BEEN RELOCATED AND HAS BEEN LIVING WITH OR STAYING RATHER WITH THE INDIVIDUAL WHO IS REPORTEDLY CARING FOR HIM IN THE ABSENCE OF HIS BROTHER BECAUSE. I MEAN, I DON'T THINK THIS IS A PROPER FORUM TO SAY THIS, TO ASK THIS, BUT HAS ANYONE GONE TO CHECK ON THAT STRUCTURE TO SEE IF IT'S HABITABLE AS WELL? WE HAVE NOT. NO, WE HAVE NOT.
BECAUSE AGAIN, YES, THE CONDITION OF THIS STRUCTURE DOESN'T BODE WELL FOR THE CONDITION OF OTHER STRUCTURES THAT THIS PERSON, BOTH WHO WAS LIVING THERE IN THE PERSON WHO WAS CARING FOR HIM UNDER A POWER OF ATTORNEY.
YES, MIGHT BE MOVED INTO BECAUSE IF THIS STRUCTURE WAS ALLOWED TO GET TO THIS THIS POINT, THEN IT'S NOT UNLIKELY THAT ANOTHER STRUCTURE THAT THIS PERSON MIGHT BE STAYING IN WOULD BE IN A SIMILAR CONDITION.
UNDERSTOOD. BUT I'M GOING TO GIVE YOU AN OPPORTUNITY, MR GERARD.
IT HAS TO DO WITH WHAT YOU JUST ASKED HERE.
WHAT I'LL DO IS I'LL ASK YOU THE QUESTION AGAIN WHEN I GIVE YOU A CHANCE TO GIVE TESTIMONY BECAUSE I WANT YOU TO GIVE TESTIMONY ON ALL THE VIOLATIONS AND THE DICTATE AND TO OUTLINE WHAT MUST BE DONE TO CORRECT THEM.
OK. OKAY. AND SO AT THIS POINT WE DID.
I'VE PERIODICALLY BEEN ABLE TO GO OUT THERE AND RE INSPECT THE PROPERTY, PRIMARILY ALONG THE EXTERIOR, SEEING AS I'M NOT ABLE TO ACCESS THE THE PROPERTY AND THE CONDITIONS APPEAR TO BE THE SAME. AND OBVIOUSLY, IN MY COMMUNICATIONS WITH THE HEAD OF THE ESTATE, THERE HAVEN'T BEEN THERE HASN'T BEEN ANY SORT OF MODIFICATIONS OR REPAIRS MADE TO THE HOME AS OF YET. AND BASED UPON.
ELIJAH GRIFFIN CONTACTED YOU CAN YOU GIVE ME THAT DATE WHEN HE CONTACTED YOU? YES. GIVE ME ONE MOMENT.
IF YOU COULD JUST BEAR WITH ME HERE ONE MORE.
IF YOU NEED SOME TIME, YOU CAN ALWAYS TAKE FIVE TO GET THAT TIME.
SO BASED ON MY MY RECORDS HERE, HE CONTACTED ME ON DECEMBER TWENTY NINTH.
[00:55:09]
AND HAS HE CONTACTED YOU SINCE? NO, BUT HE HAS BEEN IN CONTACT WITH OUR BUILDING OFFICIAL FOLLOWING OUR CONVERSATION, I DON'T KNOW HOW SOON AFTER, BUT HE WAS IN CONTACT WITH OUR BUILDING OFFICIAL DINO TOUCHFLO, ABOUT THAT, OK? AND JUST TO COMPLETE HERE, BASED UPON MY TESTIMONY AND EVIDENCE, I REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY WITH THE CITED PROVISIONS OF THE VILLAGE CODE WITHIN 30 DAYS OF THIS HEARING.AND IF YOU HAVE AN EXCEPTION TO THIS REQUEST, OR MAYBE A RECOMMENDATION AS TO HOW MUCH TIME SHOULD BE ALLOTTED, WE ARE NOT OPPOSED TO ANY, ANY TIME FRAME.
WE'RE WILLING TO DISCUSS THAT AND IF NOT IN COMPLIANCE WITHIN THE TIME REQUIRED TO PAY, WE REQUEST THAT HE BE REQUIRED TO PAY A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS PER VIOLATION FOR EVERY DAY THAT THE VIOLATION CONTINUES THEREAFTER.
THE VILLAGE HAS ALSO INCURRED A REASONABLE ADMINISTRATIVE COSTS IN THE AMOUNT OF $150 CONDUCTING THIS INVESTIGATION, AND WE'D REQUEST THAT THAT ALSO BE REFLECTED IN THE ORDER AND PAID AT THE CONCLUSION OR REQUIRED TO BE PAID AT THE CONCLUSION OF TODAY'S HEARING.
AND AT THIS POINT, THIS DOES CONCLUDE MY TESTIMONY.
ALL RIGHT. THANK YOU, MR. PEREZ. AND.
YOU YOU CONTACTED THE VILLAGE ON TWELVE TWENTY NINE, HE'S TALKED TO MR. GIORDANO AFTER THAT, BUT NOTHING HAS BEEN DONE TO NOTHING.
BUT TO ADDRESS ANY OF THE VIOLATIONS THAT YOU SAW INITIALLY ON DECEMBER 14.
NO, SIR. SO IT'S BEEN OVER 30 DAYS.
YES, SIR. AND NOTHING'S BEEN DONE.
AT THIS TIME WITH THE VILLAGE LIKE TO CALL ITS BUILDING INSPECTOR TO DETAIL THE THE VIOLATIONS AND THE POSSIBLE POTENTIAL REMEDIES.
AND WHO ARE BUILDING OFFICIAL HERE TODAY IS GOING TO BE MR. TONY GIARDINO. ALL RIGHT, MR. GIARDINO, YOU WERE SWORN IN IN THAT TEST AND THAT SWEARING IN STILL HOLDS TO THIS TIME.
SO IF YOU HAVE TESTIMONY IN EITHER IN SUPPORT OR AGAINST THIS NOTICE VIOLATION, WE'D LIKE TO HEAR TODAY. THANK YOU.
YEAH. FIRST OF ALL, THIS WHOLE ISSUE STARTED WITH AN ELECTRICAL PERMIT THAT WAS PULLED BY. I'M NOT SURE WHO ACTUALLY AUTHORIZED, YOU KNOW, THE WORK TO BE DONE AT THAT BUILDING, BUT IT WAS POLLED LEGALLY BY A CONTRACTOR AND UPON GOING TO THE INSPECTION FOR THE ELECTRICAL SERVICE IS WHEN I NOTICED, YOU KNOW, THAT THE DISREPAIR OF THIS BUILDING AND ROBERT'S PICTURES DO NOT, YOU KNOW, IT'S HARD TO SHOW WHAT'S ACTUALLY THERE.
I CANNOT SHOW YOU THE SHAPE OF THIS BUILDING, HOW BAD IT ACTUALLY IS.
I WAS SHOCKED WHEN I WALKED INTO THIS STRUCTURE TO SEE HOW BAD THE BUILDING WAS.
DID YOU TAKE ANY OTHER PICTURES BESIDES THE PICTURES THAT MR. PERES TOOK? NO, I DID NOT TAKE ANY.
WERE YOU REFERRING TO ANY OF THE EVIDENCE IN THIS THAT MIGHT BE IN THIS CASE, YOU'RE REFERRING TO EXHIBIT TWO, A THERAPY THAT WAS ALREADY PRESENTED BY MR. PERES? YES. OK.
SO I JUST WANT WANTED TO BE SURE THAT THOSE ARE THE PICTURES YOU HAVE.
DID YOU CREATE ANY OTHER DOCUMENTS, ANY OTHER NOTICES OR VIOLATIONS APART FROM WHAT MR. PERES PRESENTED? NO. TO ASSIST IN YOUR TESTIMONY OR TO ASSIST IN WHAT YOU'RE WHAT YOU'RE GOING TO GIVE.
NO, JUST MY NOTICE THAT HE SHOWED THE PICTURE OF THAT.
I POST THAT IT WAS AN UNSAFE STRUCTURE ON THE FRONT DOOR.
OK. SO MR. GIARDINO, CAN YOU CAN YOU WALK ME THROUGH MAYBE USING EXHIBIT TWO A THERAPY? WALK ME THROUGH ALL THE VIOLATIONS OF THE CODE? AND THEN WHAT MUST BE DONE TO RECTIFY THIS? OK. FIRST OF ALL, I WANT TO SAY THAT THIS WAS DONE LEGALLY BECAUSE I HAD TO HAVE ACCESS TO GET INTO THE STRUCTURE TO DO MY INSPECTION, BECAUSE THE REASON WHY I'M SAYING THAT IS THIS WOMAN THAT WAS SUPPOSEDLY TAKING CARE OF THIS GENTLEMAN WAS QUESTIONING THE AUTHORITY. WE HAD TO ACTUALLY GO IN THE STRUCTURE.
THAT'S WHAT SHE WAS MAD ABOUT.
BUT I EXPLAINED TO HER THAT LEGALLY, I HAVE TO GO IN TO DO THE INSPECTION BECAUSE NOT ONLY
[01:00:03]
IS THE ELECTRICAL SERVICE ON THE OUTSIDE, BUT IT'S TIED INTO THE PANEL ON THE INSIDE.SO I LEGALLY HAVE THE RIGHT TO GO INTO THIS STRUCTURE AND UPON DOING SO IS WHEN ALL THESE VIOLATIONS CAME UP.
OK, DID YOU WHEN YOU WERE DOING THAT, DID YOU HAVE A COPY OF THE THE REQUEST AND THE PERMIT FROM THE CONTRACTOR BEFORE YOU GOT THERE AND WHY YOU WERE DOING YOUR INSPECTION? YES, THE PERMIT WAS ON SITE.
DID THE CITY HAVE A COPY OF THAT TO ADD TO THE THE CITY? HAVE A COPY OR THE VILLAGE HAVE A COPY OF THAT.
SO I CAN ADD THAT TO THE EXHIBITS THAT ARE HERE.
AND I DON'T KNOW IF, IS THAT WHAT THE PACKET? NO, BUT I CAN I CAN PULL UP A COPY OF IT, SIR.
YEAH, WE CAN GET THAT, OK? BECAUSE I THINK THAT WOULD BE NICE TO CLOSE THE LOOP ON, YOU KNOW, WHY YOU WERE THERE, WHAT YOU WERE IN THERE FOR? YES. BEFORE YOU WENT INTO THE STRUCTURE, DID YOU ASK PERMISSION OF THE CARETAKER AND THE OWNER? NO, THEY WERE NOT THERE.
BUT LIKE I SAID, TO DO MY INSPECTION PROPERLY, I HAVE TO GO INSIDE WITH THE CONTRACTOR THERE. YES. AND I EXPLAIN THAT, YOU KNOW, I SAID TO THE CONTRACTOR, I SAID, I SAID, YOU DO REALIZE I HAVE TO GO IN THE HOUSE TO DO MY SPEECH.
OH YEAH, HE SAYS, YOU KNOW, YOU'RE WELCOME TO GO IN.
AND BEFORE I EVEN WENT INSIDE THE BUILDING WHERE HE HAD PUT THE ELECTRICAL SERVICE, I WAS LOOKING AT THE SERVICE AND THEN I LOOKED OVER TOWARDS THE WALL WHERE THE WINDOW IS, AND I NOTICED THE WALL WAS ROTTED.
YOU COULD SEE INSIDE THE WALL.
I SAID, YOU KNOW, I NEED TO GO INSIDE AND LOOK AT THE PANEL.
SO AS WE'RE PROCEEDING TO GO INSIDE.
ROBERT HAD THE PICTURES OF THE FRONT DOOR, AND THAT'S NOT JUST THE PLYWOOD THAT WAS ROTTED. THE FRAMING IS ROTTED, WHICH ACTUALLY HOLDS THE STRUCTURE UP WAS ROTTED, AND I WAS A LITTLE LEERY GOING INSIDE BECAUSE, YOU KNOW, I DON'T KNOW HOW BAD THE REST OF THE PLACE IS WHEN YOU'RE WALKING IN THERE.
AND THE REASON MY UNDERSTANDING IS THE REASON WHY THEY PUT THE THE LAYERS OF PLYWOOD IS BECAUSE THAT WAS THEIR SO-CALLED CURE TO KEEP THE FLOOR FROM CAVING IN.
WELL, THIS WAS THIS STRUCTURE.
IS THIS STRUCTURE ON A CONCRETE FOUNDATION OR NO, NO, IT'S IT'S WHAT THEY CALL A.
AND THE REASON WHY THEY CALL IT THAT IS BECAUSE IT'S IT'S ON BLOCKS, CINDER BLOCKS AND THEN YOU FRAME THE FLOOR AND THEN YOU BUILD FROM THERE.
THERE IS NO CONCRETE SLAB UNDERNEATH THIS.
THERE'S A CRAWLSPACE, OK? AND THE CRAWLSPACE, DID YOU HAVE AN OPPORTUNITY TO LOOK INTO THE CRAWLSPACE TO SEE WHAT TYPE OF SUPPORT THAT THERE MIGHT HAVE BEEN THERE? I STUCK MY HEAD LOOK VERY QUICKLY UNDERNEATH BECAUSE IT'S IN SUCH DISREPAIR THAT I WASN'T GOING TO GO TOO FAR, YOU KNOW, UNDERNEATH AND LOOKING ANYTHING BECAUSE IT WASN'T SAFE.
AND LIKE I SAID, THE IF YOU WANT TO GO THROUGH THE PICTURES, I MEAN, I CAN EXPLAIN TO YOU WHAT'S GOING ON THERE BECAUSE THE PICTURES DON'T REALLY TELL YOU OR SHOW YOU HOW BAD THIS STRUCTURE IS. I MEAN, THE ROOF IS ROT, THE ROOF RAFTERS ARE ROTTED AND SOMEONE PUT A METAL ROOF ON THIS BUILDING.
I DON'T KNOW EXACTLY WHEN BECAUSE THERE WAS NO PERMIT AND THE ROOF WAS NOT DONE TO CODE.
I COULD TELL BY LOOKING AT IT AND NUMBER TWO, IT SHOULD HAVE NEVER BEEN PUT ON THAT STRUCTURE BECAUSE THERE'S NOT ENOUGH PITCH ON THE ROOF FOR A METAL ROOF.
OKAY, SO LET'S LET'S GO BACK TO START TO A..
AND YOU START POINTING OUT THE VIOLATION AND THEN RELATE IT TO THE CODE.
OK, WHAT PART OF WHAT PART OF THE CODE THEY VIOLATED ON EACH PICTURE? OKAY. AND NOW YOU WANT ME TO.
WHICH CODE ARE WE TALKING? THE MAINTENANCE CODE OR BUILDING CODE BUILDING CODE? BECAUSE, AGAIN, THE VIOLATIONS HERE WERE VIOLATIONS OF THE BUILDING CODE MAINTENANCE CODE. SO I WANT TO MAKE SURE THAT YOUR TESTIMONY LINKS UP THE PHOTOGRAPH EVIDENCE WITH THE CODE VIOLATION SO THAT IF SOMEBODY DECIDES TO CHALLENGE THIS, THEY'VE GOT AN IDEA OF WHAT WAS BEING WHAT EXACTLY WAS BEING VIOLATED AND WHY.
IF WE START AT THE FRONT THERE, THE STRUCTURE ITSELF.
ANY WORK THAT HAS BEEN DONE INSIDE THERE TO REPAIR ANYTHING IN THERE WAS NEVER DONE PROPERLY. THERE WAS NEVER ANY PERMITS THAT WE COULD FIND, YOU KNOW, I BELIEVE THIS HOUSE WAS BUILT IN THE 50S.
[01:05:02]
I'M NOT 100 PERCENT SURE ON THAT BECAUSE THE RECORDS DON'T GO BACK THAT FAR.WHEN I SPOKE TO MR. GRIFFIN, ELIJAH GRIFFIN BECAUSE I DID, HE DID CONTACT ME.
FINALLY, AFTER HE SPOKE WITH ROBERT AND ON, YOU KNOW, SPEAKING WITH HIM, HE HAD TOLD ME, YOU KNOW, IT'S BEEN IN THE FAMILY.
IT WAS HIS, I BELIEVE HE SAID IT WAS HIS MOTHER'S.
YOU KNOW, THAT'S WHERE THEY GREW UP.
AND WHEN SHE PASSED AWAY, IT GOT LEFT, YOU KNOW, TO THE ESTATE AND HIS BROTHER WAS ALREADY LIVING THERE.
SO HE HAD TOLD ME THAT, YOU KNOW, THAT WAS HIS PLACE TO STAY AND HE WAS GETTING A LITTLE OVER A THOUSAND DOLLARS A MONTH.
AND THIS WOMAN THAT DAY, FOR SOME REASON, THEY WON'T GIVE US HER INFORMATION.
I MEAN, WE BARELY GOT A FIRST NAME OUT OF THIS WHOLE THING AND WE CAN'T GET AN ADDRESS.
GOING TO MAKE IT MORE DIFFICULT BECAUSE I THINK, YOU KNOW, YOU'RE GOING TO HAVE THIS PLACE. IT HAS A LOT OF VIOLATIONS.
YES, AND SOMEONE HAS TO GET THEM FIXED.
YES. AND TRYING TO FIGURE OUT WHO THAT SOMEONE SHOULD BE.
SO AT LEAST WE CAN NOTIFY THEM, YOU KNOW? YES, THE MAIN THING IS THAT WE NEED TO FIGURE OUT WHO'S WHO'S THE MAIN PERSON IN EXACTLY.
AND THEN WE DON'T WANT SOMEBODY WHO'S ELDERLY AND INFIRM FALLING THROUGH THE CRACKS.
YEAH. AND AND TALKING TO MR. GRIFFIN, ELIJAH GRIFFIN, LIKE I SAID, HE FOR SOME REASON HE DIDN'T WANT TO DIVULGE TOO MUCH INFORMATION.
NOW, I DON'T KNOW IF HE THINKS, YOU KNOW WHAT? WE'RE TRYING TO DO SOMETHING TO HIS BROTHER.
I MEAN, WE'RE TRYING TO HELP HIM.
I JUST WANT TO MAKE THAT CLEAR.
I MEAN, IN MY PROFESSIONAL OPINION AND I'VE BEEN IN CONSTRUCTION FOR 40 YEARS, THIS BUILDING CANNOT BE SAVED.
I MEAN, WE CAN GO THROUGH THE PICTURES AND I CAN POINT STUFF OUT TO YOU.
AT LEAST THE STUFF THAT'S IN THE IN THE CODE VIOLATION, AT LEAST POINT THAT OUT OR POINT OUT WHAT PART OF THE CODE IT VIOLATES.
AND THEN IF THERE'S, YOU KNOW, IF THERE'S A POSSIBILITY OF REPAIR, SAY THAT OR SAY THAT THERE IS, YEAH.
WELL, I'M TELLING YOU RIGHT UP FRONT, THERE'S IN MY OPINION, THERE'S NOTHING IN THIS BUILDING THAT CAN BE SAVED BECAUSE IT'S THE STRUCTURE.
NOT ONLY THE FRAMING UNDERNEATH IS ROTTED, THE ROOF RAFTERS ARE ROTTED.
ALSO, THIS BUILDING IS GOING TO COLLAPSE INTO ITSELF EVENTUALLY IS THAT'S MY PROFESSIONAL. IF YOU COULD, MR. PEREZ, SO THAT MR. GIORDANO CAN TESTIFY ABOUT THAT ON TUESDAY WHEN I'M LOOKING AT THAT.
YOU SAID THAT THIS WAS A CRACKER STYLE HOUSE AND IT WAS UP ON BLOCKS.
YES. IT LOOKS FLUSH WITH THE CROWD.
AND WELL, YOU CAN SEE THE FRONT DOOR THERE, THE FRONT DOOR.
IT'S PROBABLY THE ORIGINAL DOOR WITH THE HOUSE.
AND RIGHT NOW, THOSE TWO PIECES OF PLYWOOD THAT ARE SCREWED TO THAT DOOR ARE HOLDING THAT DOOR TOGETHER. IF YOU TOOK THOSE PIECES OF PLYWOOD OFF, THAT DOOR IS GOING TO FALL APART.
SOMEONE FIXED THAT PROBABLY TO THE BEST OF THEIR ABILITY BECAUSE THEY DON'T KNOW ANY BETTER AND IT'S HOLDING THAT DOOR RIGHT NOW.
BUT. IT I MEAN, IF YOU JUST PUSH ON IT, IT'LL FALL APART.
YOU KNOW, AS FAR AS YOU CAN SEE, A LITTLE BIT OF A GAP UNDERNEATH THE SIDING.
I'M ASSUMING THAT THAT GAP SHOULD BE HIGHER.
YEAH. NORMALLY ON A WOOD FRAME STRUCTURE, YOU NEED SIX TO EIGHT INCHES OF CLEARANCE JUST FOR TERMITES AND STUFF LIKE THAT.
NOW WHAT'S PROBABLY HAPPENED, IN MY OPINION, IS OVER THE YEARS, YOU KNOW, THE THE GRADE HAS GONE GOTTEN HIGHER, WHICH IS NORMAL.
IT HAPPENS. BUT THE LACK OF MAINTENANCE ON THE BUILDING THAT'S BEEN GOING ON FOR YEARS, THIS ISN'T SOMETHING THAT JUST HAPPENED OVERNIGHT.
BUT YEAH, THAT WHOLE FRONT AREA THERE IS FALLING APART.
AND THEN THIS IS GOING AROUND.
WE'LL CALL IT AS YOU'RE LOOKING AT THE HOUSE, WE'RE GOING TO WE'RE GOING TO WORK CLOCKWISE AROUND THE HOUSE.
WE'LL WORK. THESE ARE THESE ARE ALREADY IN EVIDENCE.
SO WE'RE GOING TO WORK FROM THESE PHOTOGRAPHS.
SO I THINK THIS IS PHOTOGRAPH.
YEP, YES. OK, SO YOU COULD DO THAT, IDENTIFY TB AND THEN WHAT YOU'RE TALKING ABOUT IN THAT PHOTOGRAPH? THAT WOULD BE GOOD FOR THE OK.
SO IF YOU LOOK AT THAT PHOTOGRAPH WITH IF YOU SEE WITH A DOWN SPOUT COMES DOWN, YES, YOU CAN SEE THE GRADE IS RIGHT UP TO THE SIDING THERE, WHICH IS ALL ILLEGAL.
AND THEN WHEN YOU LOOK A LITTLE BIT.
ROBERT, CAN YOU GO BACK A LITTLE BIT TO THAT PICTURE? OK, YOU SEE THAT WITH A WHITE PAPER IS ON THE BOTTOM THERE?
[01:10:02]
YES. WHERE IT'S GOT SOME LETTERS ON IT.YEAH, IT LOOKS LIKE BUILDING MATERIAL.
YES, THAT'S THAT'S LOOKS LIKE THE THE BUILDING WRAP THAT THEY PUT ON THERE BEFORE THEY PUT THE THE SEED OR THAT CEDAR SIDING IS WHAT THEY PUT ON THERE.
WHITE SIDING? NO, THAT'S THE PAPER.
BUT YOU KNOW, IF YOU CALL IN THAT WHITE THAT THAT CEDAR SIGNING, IT'S WOOD SIDING, OK, WHICH THERE'S NOTHING WRONG WITH THAT.
YEAH, BUT THAT PIECE IS MISSING AT THE BOTTOM.
SO FOR SOME REASON, MAYBE IT ROTTED AND THEY JUST TOOK IT OFF.
BUT ALL THE FASCIA BOARDS, THEY'RE ALL, EVERYTHING'S ROTTED.
IF SOMEONE WALKS ON THAT ROOF, THEY'RE CRAZY BECAUSE THAT ROOF IS READY TO COLLAPSE.
AND BASICALLY, THAT'S BASED ON YOUR INFORMATION.
LOOKING AT IT FROM THE INSIDE, WHATEVER CHANGE, YOU HAD A CHANCE TO LOOK AT THE ROOF JOISTS OR THE OR THE BOARD'S HOLDING IT UP.
ALL OF THEM APPEARED TO BE SAGGING AND OR DAMAGED.
THE POINT WHERE THERE'S WHERE THEY'RE THEIR PRIMARY FUNCTION WAS IN QUESTION.
SO LET'S LET'S GO TO THE NEXT PHOTO.
NOW, LIKE ROBERT POINTED OUT, IT'S HARD TO DEPICT FROM THAT PICTURE, BUT IF YOU CITE A LINE DOWN WITH A RED FASCIA BOARD IS YOU CAN SEE HOW WHEN IT GETS TO THE MIDDLE, IT'S SAGGING DOWN. THAT'S BECAUSE THE RAFTERS ARE ROTTED.
AND THAT'S THAT'S NOT SIMPLY THE FASCIA THAT'S THAT'S SLIGHTLY THE ROOF STRUCTURE ITSELF.
YES, THAT'S WHY I WAS ASKING, WAS THERE ANYTHING ON THE ROOF THAT WAS PUSHING DOWN AT LEAVES? YES.
I MEAN, THERE IS YOU CAN SEE FROM THE PICTURE THERE'S A TREE THAT'S CLOSE TO THE HOUSE, BUT IT WASN'T COMPROMISING THE ROOF.
OK. YEAH. SO THE ROOF WASN'T SAGGING BECAUSE THERE'S SOMETHING ON THE ROOF IS SAGGING BECAUSE IT'S ROTTING FROM THE DISREPAIR.
AND THEN THE THE NEXT PICTURE DOWN, YOU CAN SEE WHERE STUFF HAS BEEN ADDED ON BECAUSE THAT WHITE PVC PIPE IS A VENT PIPE THAT SOMEONE ADDED ON.
IF SEE HOW IT GOES, ONE PIECE GOES DOWN INTO THE GROUND.
YEAH. SO I DON'T EVEN KNOW IF THAT'S TIED IN LEGALLY TO THE DRAINAGE.
I DON'T REMEMBER WHAT PART OF THE HOUSE WAS INSIDE.
I DON'T KNOW IF IT'S A THAT WOULDN'T BE EVENT FOR THE TOILET.
NO. SO JUST JUST TO REFLECT THIS PORTION HERE, THIS WINDOW, THAT'S ALONGSIDE THE VENT PIPE, THAT'S THE KITCHEN.
OK, THAT'S THE KITCHEN, THEN THAT MOST LIKELY IS THAT THAT WOULD BE THE VENT FOR THE SINK. THE SINK.
AS TESTED TESTIFIED, THE STOVE WASN'T WORKING RIGHT.
THE THE STOVE WAS HOOKED UP TO A GAS LINE, BUT WE DON'T KNOW IF IT WAS WORKING.
WE I WASN'T GOING TO CHECK THAT.
YEAH. WELL, DID YOU NOTICE THAT DID IN YOUR EXTERIOR INSPECTION? DID YOU NOTICE WHETHER OR NOT A PILOT LIGHT WAS ON? YOU KNOW, YOU SMELL IT. NO, WE COULDN'T SMELL IT AGAIN.
YEAH, NO. THERE WAS NO GAS UP AND IT'S ON AND THERE'S NO PILOT.
YEAH, BECAUSE I BELIEVE THAT WHAT THEY WERE DOING FOR THE STOVE WAS A PROPANE TANK LIKE YOU NORMALLY WOULD HAVE FOR A GRILL.
MM HMM. YOU CAN RUN A STOVE WITH THAT, I'M SURE.
BUT DID THEY HAVE A PROPANE TANK HOOKED UP TO THIS? THERE WAS A PROPANE TANK, BUT I DON'T BELIEVE IT WAS HOOKED UP.
OK, WOULD YOU NEED A PERMIT FOR THAT? NO. BUT WHEN THE HOUSE WAS BUILT, THERE'S NO WAY THAT IT WOULD HAVE BEEN SET UP LIKE THAT. NO.
BUT YOU KNOW, IF THIS HOUSE WAS BUILT IN THE 40S AND 50S AND FORTIES, THERE MAY, YOU KNOW, HOUSES THAT ARE THAT OLD MAY NOT HAVE, YOU KNOW, THE BATHROOM MAY HAVE BEEN OUTSIDE, YOU KNOW, AT LEAST IN A RURAL AREA.
YEAH, BECAUSE THEY DIDN'T HAVE INDOOR PLUMBING, RIGHT? YOU KNOW, OR THEY DIDN'T, YOU KNOW, THEY WERE WORKING ON A SEPTIC SYSTEM.
SO BUT EITHER WAY, WHAT YOU'RE SHOWING HERE IS IT APPEARS THAT THERE'S SOME SORT OF EVENT PIPE THAT WASN'T PERMITTED, AND IT APPEARS THAT THE SIDING AND THE ROOF ARE SAGGING AND APPEAR TO BE IN A ROTTEN CONDITION.
YES. AND THEN IF YOU LOOK AT THAT WINDOW ON THE BOTTOM PORTION OF THAT WINDOW THAT SEE THE RED TRIM THAT GOES AROUND THE WINDOW, THAT PIECE IS MISSING ON THE BOTTOM AND THAT PLYWOOD IS ALL ROTTED.
SO THE ROT IS IN THE WALL AND AND I DON'T KNOW IF WE CAN GO WHEN WE GET TO THE INTERIOR PICTURES, THEY HAD PLYWOOD BEHIND WHERE THAT SINK WAS.
YES, IT'S BECAUSE THEY WERE COVERING UP HOLES FROM THE OUTSIDE.
ALL RIGHT. SO DID YOU HAVE A CHANCE TO LOOK AT ANY OF THE FLOOR JOISTS IN THAT SECTION AT ALL? NOT IN THAT SECTION, BECAUSE IT LOOKS LIKE IT LOOKS LIKE IT'S IT'S SAGGED TO THE POINT WHERE ITS ROOTS, WHERE IT'S AT GROUND LEVEL, SO THERE'S NO SPACE IN BETWEEN IT.
[01:15:04]
BUT IT'S HARD TO SAY WHETHER OR NOT IT'S BECAUSE THEY'VE GOTTEN EXTRA GRASS AND IT'S GROWN UP OR BECAUSE THE HOLE.YEAH. AND THIS PICTURE HERE WHERE THE PLYWOOD IS UNDER THAT WINDOW, THAT WAS PROBABLY BECAUSE THE WALL ROTTED AND THEY REPAIRED IT WITH JUST THE PLYWOOD AND NEVER PUT THE SIDING BACK ON.
AND THE PLYWOOD THAT'S USED ON A WALL IS NOT MEANT TO BE LEFT EXPOSED TO THE WEATHER.
IT'S JUST SEEDS. PLYWOOD HAS TO BE COVERED.
AND THAT'S WHAT THAT'S ROTTING OUT IS WHAT'S HAPPENED.
WOULD THAT BE A VIOLATION THE WAY THEY BUILT THAT? OK? YEAH, I MEAN, IT WASN'T BUILT LIKE THAT.
ORIGINALLY THERE WAS SIDING ON THAT OR SOMEONE CUT A HOLE FOR THE NEW WINDOW.
GOTCHA. AND THEN THIS HERE IS COMPLETELY ILLEGAL BECAUSE THERE'S NO SIGNING WHATSOEVER ON THE PLYWOOD. IT'S BEEN TAKEN OFF REMOVED.
AND IF YOU NOTICE UP AT THE AT THE ROOF LINE, THERE'S NO FASCIA BOARDS YOU CAN ACTUALLY SEE INSIDE THE HOUSE RIGHT THERE.
SO THE FACT THAT IT DOESN'T HAVE SIDING ON IS THAT THE ONLY THING THAT MAKES IT ILLEGAL OR IS THERE ANOTHER THING THAT MAKES THIS AN ILLEGAL OR UNSAFE STRUCTURE? WHAT MAKES IT AN ILLEGAL OR UNSAFE STRUCTURE IS THE BUILDING ITSELF, BECAUSE IT'S NOT IT'S NOT FIT FOR HUMAN HABITATION, WHICH COMES OUT OF THE PROPERTY MAINTENANCE CODE.
YEAH, BUT THAT PORTION WAS THAT PORTION THAT IT APPEARED TO BE AN ADDITION THAT DIDN'T HAVE A PERMIT. IT'S HARD TO ANSWER BECAUSE WE COULD NOT FIND, YOU KNOW, WITHOUT HAVING THE ACTUAL FOOTPRINT OF THE BUILDING WHEN IT WAS PERMITTED.
I DON'T KNOW IF THAT WAS PUT ON WHEN THEY ACTUALLY BUILT THE HOUSE AT FIRST.
ONE HUNDRED PERCENT. OK, BUT YOU DIDN'T SEE ANY RECORDS OF A PERMIT.
OK, SO YOU DIDN'T FIND ANY RECORDS.
BUT AND IT DOESN'T APPEAR TO BE SOMETHING THAT WOULD HAVE BEEN CONSTRUCTED AT THE SAME TIME AS THE HOUSE, RIGHT? RIGHT. THAT WOULD BE MY OPINION.
OKAY. AND THIS PART HERE IS DEFINITELY THAT PART.
THAT'S ALL PLYWOOD THERE WAS ADDED ON AFTERWARDS.
YOU CAN TELL THAT AND WHEN THEY DID THAT.
THEY HAD TO CUT A HOLE ON THE MAIN STRUCTURE OF THE WALL NEXT TO THAT BACK DOOR TO ACCESS THIS SECTION, SO THAT'S CONNECTED TO THE REST OF THE.
YES. AND THAT WAS DEFINITELY DONE WITHOUT A PERMIT.
I CAN GUARANTEE YOU THAT THAT IS RIGHT.
THE THE THE PHOTOS WERE WERE, I GUESS, NUMBERED BASED ON PAGE, SO IF WE GO TO THE TOP B TO A, THESE TWO WERE TO BE.
AND THAT'S HOW I KNOW, MADAM, I DIDN'T KNOW THAT BASED ON THE PHOTO SEE ON THE PAGE, SO WE WERE ON PAGE C.
WE WE'VE BEEN DISCUSSING PAGES C, D AND E NOW F NOT F OK.
OK. DON'T GO PAST THAT, ROBERT.
OK. AND IF YOU NOTICE THAT'S A WATER HEATER OUTSIDE, THAT'S CONNECTED.
WHAT A HEATER CANNOT BE ON THE EXTERIOR OF THE BUILDING OPEN TO THE WEATHER.
OK, WHAT ABOUT THE OTHER DEBRIS THAT'S BACK THERE? YEAH, THAT'S PART OF THE VIOLATION.
YEAH, THAT'S THE TRASH AND OTHER STUFF.
WHAT ABOUT THE THE TOP OF THAT? WHAT LOOKS LIKE THE ILLEGAL EDITION IS THAT A ROOF IS A ROOF PROPERLY TIED INTO THAT? NO, NO.
THEY THEY JUST LAID SOME TAR PAPER AND SOME ROLLED ROOFING.
ON TOP OF THAT, NOTHING WAS TIED IN PROPERLY THERE.
ALL RIGHT. SO IF THERE'S ANY DRAINAGE ON THE ROOF, IT JUST KIND OF DRIPS DOWN RIGHT ON THE WATER. YEAH, EXACTLY.
IS THAT WATER HEATER FUNCTIONAL THAT I DON'T KNOW? SEE, THE THE THING THAT AMAZES ME ABOUT THIS HOUSE IS WHEN I WENT OUT THERE TO DO THE INSPECTION FOR THE ELECTRICAL SERVICE.
I MEAN, I'VE BEEN DOING THIS AND I'VE BEEN IN CONSTRUCTION FOR OVER 40 YEARS.
I HAVE NEVER SEEN A HOUSE IN MY LIFE THAT ONLY HAD ONE 10 POWER COMING TO IT.
THIS DIDN'T EVEN HAVE TO 20 COMING TO THE HOUSE.
I DON'T EVEN KNOW WHAT SIZE LINE COMING IN, BUT THAT WAS DONE ORIGINALLY THAT WASN'T DONE BY, YOU KNOW, AFTER THE FACT.
NOW. AND THAT'S THE REASON WHY THEY HAD A GAS STOVE, BECAUSE SO WHEN THEY WERE LOOKING TO GET THE PERMIT TO UPGRADE, THE ELECTRIC WAS TO AN UPGRADED TO 220.
THAT'S WHAT THEY WERE GOING TO DO.
BUT AND THIS IS WHAT LED TO ALL THIS COMING ABOUT.
[01:20:02]
SO IN YOUR INSPECTION AND I DON'T KNOW IF YOU'RE QUALIFIED, BUT DID YOU INSPECT THE WIRING WITHIN THE STRUCTURE AT ALL TO SEE WHETHER OR NOT IT WAS CAPABLE? THAT WAS NOT PART OF THE INSPECTION.IT'S JUST THE ELECTRICAL SERVICE.
NOW THEY WOULD HAVE HAD TO GET ANOTHER PERMIT AFTER THE SERVICE WAS APPROVED TO WIRE, YOU KNOW, CHECK THE WIRING ON THE INSIDE, WHICH.
I WOULD HAVE TO QUESTION, BECAUSE FROM WHAT I'VE SEEN, YOU KNOW, I WOULD QUESTION THAT.
WELL, THAT'S PART PART OF WHAT PART OF MY QUESTION WAS.
THEY WERE ONLY WIRED FOR ONE 10.
NOW THAT THEY'RE GOING TO UPGRADE THEIR WIRING.
YES, WOULDN'T THEY HAVE TO REPLACE SOME STRUCTURAL THINGS IN ORDER TO BE ABLE TO HAVE THAT STRUCTURE TO HANDLE THAT CAPACITY? WHAT THEY WOULD HAVE TO UPGRADE IF THEY WANTED TO PUT IN AN ELECTRIC STOVE, THEY WOULD HAVE TO RUN ALL NEW WIRES TO THAT BECAUSE THE REASON WHY THERE WAS A GAS STOVE THERE IS BECAUSE THERE WAS NO ELECTRIC REQUIRED FOR THE GAS STOVE.
OKAY, NOW TODAY'S GAS STOVES, YOU HAVE TO HAVE A 20 AMP CIRCUIT.
IT'S JUST FOR THE IGNITER TO LIGHT THE GAS.
BUT THAT STOVE IS I DON'T KNOW HOW WILL THAT STOVE IS BACK THEN YOU USE THE MATCH TO LIGHT THE THE BURNER.
MY CONCERN IS THAT IF IT'S HOOKED UP TO THE GAS AND THE GAS IS RUNNING AND THE PILOT LIGHT IS NOT ON, I DON'T BELIEVE IT WAS.
IT WAS RUNNING BECAUSE IN MY OPINION, THE GENTLEMAN THAT LIVES THERE, I DON'T KNOW IF HE WOULD KNOW HOW TO DO THAT.
WELL, THAT'S THAT'S WHY I'M TRYING TO.
WE'RE TRYING TO GET TO THE BOTTOM OF THIS AND GET THIS GENTLEMAN SOME HELP.
I DON'T WANT TO SEE HIM BLOW HIMSELF UP OR BURN THE PLACE DOWN.
AND AGAIN, THAT'S THE QUESTIONS THAT I'M ASKING.
WHAT THE VIOLATIONS ARE, WHAT YOU'RE SAYING THAT YOU KIND OF THINK THE WHOLE STRUCTURE NEEDS TO BE REPLACED.
MM HMM. I'M TRYING TO FIND OUT IF THERE'S IF THERE'S A HAPPY MEDIUM.
AND I'M NOT HEARING IT, BUT I WANT TO.
I WANT TO GO THROUGH ALL THE PHOTOS AND ALL THE THINGS THAT YOU SAW SO THAT THE OWNER WILL HAVE AN IDEA OF WHAT MUST BE OVERCOME TO BRING THIS UP TO CODE.
AND THE BOTTOM PICTURE THERE TO THE LEFT HAND SIDE WITH THAT VENT PIPE IS OVER THERE.
THAT WOULD BE TIED INTO THE SEWER.
THE SMALLER PIPE WOULD BE VENTING THE SINK THAT'S THERE, AND THE TUB WOULD BE TIED INTO THAT. THE THE MAIN LINE NOW.
OK, NOW THE OTHER THING WITH, GOD FORBID, IF HE EVER WANTED TO TAKE A BATH AND FILLED THAT TUB WITH WATER, IT WOULD PROBABLY GO THROUGH THE FLOOR.
IN MY OPINION? WELL, IT APPEARED TO HAVE WATER IN IT.
SO I THOUGHT THAT WAS IT STATES SO WELL.
I'M I'M TRYING TO FIND WHAT I WANT YOU.
WHAT I WANT YOU TO DO IS GO THROUGH AND IDENTIFY THE VIOLATIONS SO THAT THE OWNER CAN BE APPRAISED OF ALL THE THINGS THAT ARE WRONG AND ALL THE THINGS THAT NEED TO BE REPAIRED AND OR REPLACED SO THAT THEY'RE UNDER NO MISIMPRESSION ABOUT WHAT THEY NEED TO DO TO BRING THIS UP TO CODE.
IF IT'S IMPOSSIBLE, IT'S IMPOSSIBLE.
IT'S IMPOSSIBLE TO FIX THIS PLACE PROPERLY.
IT JUST WOULDN'T MAKE ANY SENSE TO FOR THE MONEY IT'S GOING TO COST THEM TO FIX THIS.
I MEAN, IF YOU'RE TALKING LIKE IF IT ONLY NEEDED A WALL REPLACED, NOT A BIG DEAL, BUT THEY HAVE TO STRIP THIS HOUSE DOWN TO THE FLOOR AND REDO ALL THE UNDER BECAUSE THAT'S THE MAIN STRUCTURE. WITHOUT THAT BEING SOLID, THE HOUSE IS NO GOOD.
AND TO TOP IT OFF, THE ROOF STRUCTURE IS BAD.
SO YOU GO ONE WORKING AGAINST THE OTHER AND IT'S JUST NOT FEASIBLE TO FIX IT.
IN MY OPINION, IF YOU DID A COST ANALYSIS ON THIS, IT'S IT WOULD COST YOU MORE TO REPAIR THIS PLACE THAN IT WOULDN'T BE TO KNOCK IT DOWN AND START FROM SCRATCH.
BUT JUST TO GIVE JUST TO FINISH OUT THIS, CAN YOU GO THROUGH THE REMAINING PHOTOS AND IDENTIFY THE VIOLATIONS SO THAT WE CAN SO WE CAN HAVE A CLEAR RECORD ON THAT? YEAH, THIS ONE HERE JUST SHOWS A LACK OF MAINTENANCE.
I MEAN, THE ROOF LINE IS IS ROTTED ALL OUT.
AND IF YOU FOLLOW THE TOP PICTURE, YOU CAN SEE THE THAT'S THE ELECTRICIAN'S LADDER ON THE FAR THE GREEN LADDER ON THE END THERE, THAT'S WHERE THE NEW ELECTRICAL SERVICE WAS PUT IN. OKAY. AND THAT THAT WALL, WHERE THE SERVICES, THAT'S THE WINDOW I WAS TELLING YOU ABOUT IT FIRST, WHERE I COULD SEE THROUGH THE WALL BECAUSE IT WAS ROTTED AND THAT THAT WHOLE WALL ITSELF, IT'S.
IT'S ROTTED FROM THE TOP DOWN LEANING BECAUSE IT APPEARS TO BE LEANING TO ONE SIDE.
[01:25:01]
IT APPEARS IT LOOKS LIKE IT'S LEANING TO THE RIGHT.IT'S IT COULD BE LEANING TO THE RIGHT, BUT IT'S ACTUALLY SAGGING ON THE TOP AND THE BOTTOM. OK.
IT'S HARD TO DEPICT FROM THE PICTURES.
IF THAT DEBRIS WASN'T THERE, YOU COULD GET IT.
YOU COULD CITE A LINE AND SEE WHAT I WAS TALKING ABOUT.
BUT IF YOU IF YOU FOLLOW THE ROOF ON THE THE SECOND PICTURE, YOU CAN SEE THE ROOF LINE WHERE IT'S DOING THIS.
AND THAT'S BECAUSE THE RAFTERS ARE ROTTED AND THERE'S NOTHING TO HOLD IT IN PLACE.
OK, AND THAT WIRE THE TANG AND THE PHOTO ON THE TOP IS THAT A IS THAT WIRE IS THAT? THAT'S NOT A THAT'S NOT A ONE 10 WIRE, I DON'T BELIEVE.
I THINK IT'S JUST A LOW VOLTAGE WIRE FOR SOMETHING.
IT'S ILLEGAL. IT'S IN FOUR FEET OF THE CORRECT ANSWER.
YEAH. I MEAN, SOMEBODY COULD EASILY WALK UP AND TOUCH THAT IF IT'S A LIVE WIRE.
YEAH, I THINK I DON'T REMEMBER IF HE HAD.
CAMERAS OR WHATEVER IT'S I I KNOW THERE WAS SO MUCH STUFF GOING ON THERE THAT WAS HARD TO REMEMBER EVERYTHING THAT WAS THERE.
OK, I GUESS THAT'S I MEAN, YOU CAN LOOK AT THE WINDOWS AND SEE THE TRIM IS RIDING AROUND THEM. OK, SO LET'S GO BACK TO THE WALK THROUGH, OK, AND HERE IS THE FRONT DOOR.
LIKE I SAID, THAT PLYWOOD IS HOLDING THAT DOOR TOGETHER, RIGHT? AND AT THE BOTTOM PICTURE, THAT'S LIKE I SAID, THAT'S NOT JUST THE PLYWOOD THAT'S ROTTED, THAT'S THE SUB FRAMING UNDERNEATH THAT'S ROTTED.
OK, SO WHEN I SEE WHAT LOOKS LIKE THE LIGHT COLORED TILE STUFF THAT'S LAID OVER ROTTING, ROTTING PLYWOOD? YES, OK.
YES. AND THEN ALL OF THAT ROTTING PLYWOOD IS SITTING ON TOP OF JOISTS IN THE GROUND.
MM HMM. THAT MAY ALSO BE ROTTED.
YEP, BECAUSE THE WAY THAT SITS RIGHT NOW, THE RAIN, JUST WHEN IT RAINS, IT JUST SITS THERE. THERE'S NOTHING KEEPING IT OFF THE PLYWOOD BECAUSE THERE'S NO THRESHOLD ON THE FRONT DOOR. THERE'S NOTHING TO PROTECT IT.
AND THEN HERE'S WHEN YOU COME IN THE FRONT DOOR.
LIKE ROBERT WAS EXPLAINING THE DOOR JAMS. IT'S HARD TO SEE, BUT THOSE DARK AREAS ON THE BOTTOM IS WHERE THE DOOR JAMS ARE ROTTED.
YOU CAN SEE THROUGH THE PLYWOOD TO THE GROUND.
SO AND IN YOUR EXPERIENCE INSIDE THE STRUCTURE.
WHEN DID YOU PLACE ANY OF YOUR OWN WEIGHT ON THAT THRESHOLD AREA? VERY CAREFULLY TO SEE WHEN YOU FELT WHEN YOU STEPPED ON IT, IT FELT AS IF IT WAS GOING TO GIVE WAY. MAYBE NOT RIGHT IN THAT ONE SMALL AREA.
BUT AS YOU PROCEED THROUGH, I'M LIKE I SAID, THERE WAS PROBABLY AREAS THAT HAD THREE AND FOUR LAYERS OF PLYWOOD, YOU KNOW, ON TOP OF PLYWOOD, AND THAT'S WHY YOU GET THE DIFFERENCE IN THE FLOOR HEIGHTS.
AND I UNDERSTAND WHAT THEY WERE TRYING TO DO, BUT THAT'S ALL YOU'RE DOING IS ADDING MORE WEIGHT TO THE FRAMING BELOW, WHICH EXASPERATES THE WHOLE PROBLEM BECAUSE NOW YOU'RE PUTTING MORE WEIGHT ON STUFF THAT'S NOT STRUCTURALLY SOUND.
SO EVENTUALLY IT'S JUST GOING TO DO THIS.
OK? ANY OF THOSE PLYWOOD STACKS THAT YOU SAW WERE ANY OF THOSE RESTING ON THE GROUND ALREADY? ALL OF THEM.
NO, NO. I DIDN'T SEE ANYTHING RESTING ON THE GROUND.
NO. AND AGAIN, YOU CAN SEE ON THAT PICTURE THERE NEAR THE WHITE TRASH BARREL THAT BOTTOM OF THAT, THAT'S THE FRAMING HOLDING THE WALL UP.
THE BOTTOM THREE OR FOUR INCHES IS JUST GONE.
CAN THAT PARTICULAR WALL HOLD OR BEAR ANY LOAD? YEAH, THAT'S THAT'S AN INTERIOR WALL WITHOUT LOOKING.
AT THE STRUCTURE, I IT WOULD BE HARD FOR ME TO TELL IF THAT WAS A BEARING WALL WITHOUT POKING AROUND TOO MUCH, AND I WAS NOT GOING TO DO THAT BECAUSE I DIDN'T FEEL SAFE INSIDE THAT HOUSE. I UNDERSTAND. BUT WHAT PART OF THIS IS, YOU KNOW, YOU'RE SAYING THAT THERE'S A VIOLATION. SO I WANTED TO SEE EXACTLY WHAT WHAT THINGS WERE IN VIOLATION? WHAT PART OF THE CODE THEY GO TO? AND THEN WHAT'S THE REMEDY? YEAH. SO I MEAN, IT'S FROM A BUILDING SIDE.
I WOULD SAY YOU WOULD HAVE TO GO WITH THE PROPERTY MAINTENANCE CODE.
TO CITE THE BUILDING CODE SECTIONS, IT'S JUST AN UNSAFE STRUCTURE.
THERE'S SO MANY THINGS THAT ARE WRONG.
IT WOULD JUST FALL UNDER AN UNSAFE STRUCTURE.
WELL, AND WHAT I'M TRYING TO GET AT IS BECAUSE THIS PLACE IS BEING RESIDED IN BY AN ELDERLY PERSON, YOU KNOW, HEALTH AND HUMAN SERVICES, FEDERAL HEALTH AND HUMAN SERVICES HAVE A STANDARD WHICH MUST BE MET FOR DECENT, SAFE AND SANITARY HOUSING.
AND I'M TRYING TO FIND OUT ALL THE ALL THE INSTANCES WHERE THIS STRUCTURE DOESN'T MEET
[01:30:01]
THAT. SO THAT THAT CAN BE COMPILED AND GIVEN TO THE OWNER.YEAH, SO THAT THEY, YOU KNOW, I KNOW THAT YOUR OPINION IS YOU NEED TO TEAR THE WHOLE PLACE DOWN AND START FROM SCRATCH.
BUT THEY MAY BE OF THE OPINION THAT YOU KNOW THEY'RE GOING TO TRY AND DO SOMETHING TO SALVAGE. IT WAS HIS MOTHER'S HOUSE, SO HE MAY DECIDE TO TRY AND SALVAGE SOMETHING.
SO TO THE EXTENT THAT THAT IT CAN BE, IF IF EVERY RECOMMENDATION IS YOU'VE GOT TO TEAR THIS OUT AND REPLACE THE WALL AND IT ENDS UP WITH NOTHING BEING LEFT, AND THAT'S THE THAT'S THE CASE. YEAH, BUT AT LEAST, AT LEAST ON THE VILLAGE SIDE, HAVE ALL THE HAVE ALL THOSE THINGS DOCUMENTED SO THAT EACH PART OF WHY THIS IS A DECENT, SAFE AND SANITARY, WHY THIS IS AN INHABITABLE STRUCTURE CAN BE LISTED IN, YOU KNOW, FOR INSTANCE, THE PHOTOS IN THE KITCHEN WHERE YOU LOOK AT THE STOVE, WHICH DOESN'T WORK, THAT'S PART OF IT IN THE SINK, THE RUNNING WATER ISSUES.
AND YOU KNOW, THERE WAS A TOILET THERE.
WE DID NOT FLUSH IT TO MAKE SURE IT WORKS.
BUT WHAT? THERE WAS ONE THERE AND IT HAD WATER IN IT AND HAD WATER IN IT.
YES, WE DID NOT FLUSH IT, BUT THE WATER, WHEN YOU SAW IT, IT APPEARED CLEAR.
YES. OK, SO IT APPEARED TO BE WATER THAT WAS REPLENISHED ON A RIGHT AND SOMEWHAT REGULAR BASIS, RIGHT? AND THEN TO THE OTHER PART OF THAT IS.
THE AGE OF THE HOUSE AND THE AGE OF THE SEPTIC SYSTEM, WHICH LOOKING AT THE HOUSE PROBABLY HAS NEVER HAD ANY MAINTENANCE TO IT.
SO I WOULD SAY THERE'S PROBABLY ISSUES WITH THE SEPTIC SYSTEM NOT WORKING PROPERLY, WHICH MEANS YOU'RE PROBABLY PUTTING SEWERAGE.
DID YOU LOOK AT ANY OF THAT? NOT PART OF THE VIOLATIONS.
LET'S NOT SPECULATE ABOUT WHAT WAS A PART OF THE VIOLATION.
I JUST REALLY WANT TO GET INTO WHAT WHAT WAS IN THE VIOLATION AND WHAT WAS, YOU KNOW, WHAT PART? YEAH. I MEAN, I KNOW YOU'RE ASKING ME TO GIVE YOU CODE SECTION STUFF, BUT TO TO PROPERLY.
HAVE SOMEONE GIVEN AN ESTIMATE TO FIX THIS HOUSE, YOU WOULD HAVE TO OPEN UP AREAS OF THE FLOOR BECAUSE I DON'T THINK THERE WAS ENOUGH CLEARANCE ON THE GROUND TO ACTUALLY SEND SOMEONE UNDERNEATH.
AND IF IT WAS ME, I'M NOT GOING UNDERNEATH THAT HOUSE.
I CAN TELL YOU THAT RIGHT NOW.
YOU'D BE HARD PRESSED TO FIND SOMEONE TO ACTUALLY GO IN AND DO THAT BECAUSE I THINK THE ONLY WAY TO PROPERLY DO IT IS TO CUT SECTIONS OF THE FLOOR OUT, WHICH COMPOUNDS THE PROBLEM THAT'S ALREADY THERE BECAUSE ONE THING IS GOING TO LEAD TO ANOTHER.
AND IT'S JUST NOT A SAFE STRUCTURE.
OK, SO SO GO THROUGH THE REMAINDER OF THE REMAINDER OF THE PHOTOS AND POINT OUT THE PORTIONS THAT AS A BUILDING OFFICIAL, WOULD YOU, IT'S IN YOUR OPINION YOU'D HAVE.
THEY'RE UNSAFE, THEY'D HAVE TO BE REPLACED.
SO YOU'VE ALREADY STATED THE FRONT THRESHOLD, THE THRESHOLD BETWEEN WHAT APPEARED TO BE THE FRONT ROOM AND THE SECOND ROOM OR KITCHEN.
AND SO LET'S GO THROUGH THE OTHER PHOTO, MR. PEREZ. THIS IS THE.
OK, KATE, WE'RE IN THE IS THAT THE BATHROOM, ROBERT? OH, NO, THAT'S THE FRONT.
I MEAN, YOU'VE GOT HOLES IN THE WALL.
YEAH. SO THE HOLE IN THE WALL, I MEAN, AND AT THE SAME THING AT THAT DOORWAY, IT'S HARD TO SEE. YOU CAN SEE DOWN AT THE DOOR JAM, SEE RIGHT THROUGH THE FLOOR.
OK. ALL RIGHT, WHICH LEADS ME TO BELIEVE THAT UNDERNEATH THAT STRUCTURE IS ROTTED WHEN YOU STEPPED ON THESE FLOORS, IT ALSO GAVE YOU A FEELING OF BEING UNSETTLED OR YEAH, IT MIGHT BREAK UNDER YOUR OWN YOUR WEIGHT.
I MEAN, I'M HEAVIER THAN THE GENTLEMAN THAT LIVES THERE.
BUT NO, BUT STILL, I MEAN, IF HE HAD TO MOVE SOMETHING IN LIKE A REFRIGERATOR? YEAH. AND I MEAN, AND SEE THIS PICTURE HERE WITH THOSE GAPS AND THE PLYWOOD.
THOSE ARE ALL GAPS THROUGH THE FLOOR.
OK, IS THERE ANYTHING UNDERNEATH THAT? NO. WELL, THE GROUND.
BUT SO SEE, NORMALLY ON A STRUCTURE LIKE THAT, SOMETIMES THEY INSULATED THEM.
BACK THEN, THEY PROBABLY DIDN'T INSULATE.
SO THAT'S PART OF THE ISSUES WITH THOSE OLDER STRUCTURES THAT WHERE THE MOISTURE JUST, YOU KNOW, WE LIVE IN FLORIDA, MOISTURE IS HERE CONSTANTLY, ESPECIALLY IF YOU'RE RUNNING YOUR AIR CONDITIONING, TRYING TO KEEP THE HOUSE AT WHATEVER TEMPERATURE.
SO NOW YOU GOT THAT AND IT'S ONE HUNDRED AND TEN DEGREES UNDERNEATH.
AN AIR CONDITIONER, WINDOW UNITS.
YEAH, THAT I DON'T KNOW IF THEY WORK OR NOT.
ALL RIGHT. WELL, WHAT CAN WINDOW UNITS RUN ON ONE 10 OR THEY THEY HAVE TO BE TWO.
YEAH, WINDOW UNITS CAN RUN ON ONE 10.
OK, SO THEY COULD HAVE HAD THE THEY COULD HAVE HAD ENOUGH TO RUN THE WINDOW UNITS BEFORE THEY WERE GETTING THE UPGRADE.
COULD HAVE, YES, BUT STILL PROBLEMS. MM HMM. ALL RIGHT.
SO LET'S GO TO THE NEXT PHOTOS.
[01:35:01]
OK, AND THIS IS THE SCENE WHERE IT'S SAGGING, AND IT'S REALLY KIND OF HARD TO SEE THAT YOU CAN SEE WITH WHERE THE SEPARATION IS IN THE CEILING THERE.IT'S WHICH FORM IS THIS, ROBERT? THIS IS THE FAMILY ROOM.
WHAT NUMBER WOULD THAT BE? TWO TO TWO G OR H H TWO H.
IF THE RAFTERS THAT ARE HOLDING THAT ROOF UP ARE COMPLETELY ROTTED OR IF THE PANELING IS JUST COME LOOSE, AND IF THAT'S THE CASE, THAT TELLS ME THAT THE RAFTERS ARE ROTTED BECAUSE THE SCREWS ARE NAILS AREN'T HOLDING.
AND THIS ISN'T THE WORST AREA.
THERE'S AN AREA THERE THAT ROBIN AND I, WHEN WE JUST BARELY HAD ENOUGH TIME TO GO THROUGH EACH ONE BECAUSE THE PERSON IS GOING TO SAY, YOU KNOW, WE'RE GOING TO SAY EITHER YOU NEED TO REPLACE THE WHOLE STRUCTURE OR THESE ARE THE AREAS YOU NEED TO REPAIR IN A CERTAIN TIME FRAME. AND I WANT THEM TO FIX THOSE FIRST.
SO, YOU KNOW, SO THAT'S YOU KNOW, WHAT I'M REALLY DOING IS IDENTIFYING THE THE MOST TROUBLING AREAS FOR FIRST REPAIR.
AND YOU KNOW, IF YOU DON'T DO THAT WITHIN 30 DAYS, THEN WE'RE NEVER GOING TO LET SOMEBODY COME BACK. AND THIS IS THE KITCHEN AND THAT'S THAT AREA THAT WE WERE TALKING ABOUT BEFORE ON THE TOASTER OVEN, ON TOP OF THE STOVE THERE.
YEAH, THAT'S WHAT IT LOOKS LIKE.
AND THEN SEE THAT PLYWOOD ON THE BACK WALL THERE.
YEAH, THAT'S FROM THE PICTURE THAT WE WERE LOOKING AT ON THE OUTSIDE.
THAT WAS THE WINDOW THAT HAD NO SIDING UNDERNEATH IT AND WAS ROTTED.
THAT PLYWOOD WAS COVERING THE HOLES IN THE WALL IS WHAT THAT'S DOING.
I SEE. AND ALSO NO PERMIT FOR THAT.
WELL. TO PULL A PERMIT FOR THIS, YOU WOULD HAVE TO PULL A.
A RENOVATION PERMIT WHICH WOULD ENCOMPASS ENGINEERED PLANS.
THIS ISN'T AN EASY FIX, SO THERE WAS BUT BUT I'M TRYING, I'M TRYING TO ESTABLISH THAT THERE WERE NO PERMITS GOING FOR.
I MEAN, ROBERT LOOKED I HAD THE PERMIT TAX LOOK AND THERE'S NO PERMITS THAT WE FOUND.
ALL RIGHT. SO NO PERMITS FOR THAT.
WHAT LOOKS LIKE A QUOTE UNQUOTE REPAIR? HMM. AND THEN THERE'S YOUR KITCHEN SINK THAT CABINET.
WAS ALL FALLING APART AND ROTTED, THERE WAS DOORS ON THAT AT ONE TIME.
BUT IT'S IT'S JUST IN SUCH DISREPAIR THAT IF YOU NOTICE THE CENTER IS BODIN BECAUSE IT'S READY TO GO.
OK, SO SO-CALLED CABINETS READY TO COLLAPSE.
SO BASICALLY, THE AREA THAT YOU'RE LOOKING AT UNDER THE KITCHEN SINK, IT APPEARS THAT THE BOARDS UNDERNEATH OR THE FLOOR UNDERNEATH THAT IS UNSAFE AND IT'S PROBABLY ROTTING.
YES, IT NEEDS TO BE REPAIRED OR REPLACED.
YES. OK, SO THERE'S YOU KNOW, SO THAT'S I'M TRYING TO IDENTIFY ALL THESE AREAS.
YES, IT'S GOING TO END UP EQUALING THE WHOLE HOUSE, BUT I WANT TO MAKE SURE THAT THERE'S, YOU KNOW. MM HMM. SO ANY WATER RUNNING HOT WATER RUNNING IN THAT THING, DID YOU CHECK IT OUT? WE DID NOT CHECK THAT OUT.
IT APPEARS THAT THE HOT WATER HEATER OUTSIDE WAS CONNECTED TO ANY OF THESE, ANY OF THESE WATER LINES. HARD TO TELL.
I MEAN, I KNOW IT WAS DONE ILLEGALLY, BUT AT LEAST IN THE ILLEGAL WAY THAT IT WAS DONE.
WAS IT DONE IN A WAY THAT WOULD PROVIDE HOW WATER? NOW, AS FAR AS THE WATER HEATER ACTUALLY WORKING, I WOULD HAVE TO SAY NO BECAUSE THE WATER HEATER RUNS ON TWO 20.
SO IT'S VERY SO IT IS ELECTRIC OR IT WAS WIRED IN.
AND I DON'T GOD FORBID, I DON'T KNOW HOW IT DIDN'T BURN UP IF THEY WERE USING IT.
AND THAT'S PART PART OF THIS IS TO TRY TO PREVENT ANYTHING FROM HAPPENING TO SOMEONE IN THAT STRUCTURE. EXACTLY.
BY IDENTIFYING ALL THE WAY, YOU KNOW, THAT WAY, THAT WAY, IF THEY JUST SAY, WELL, WE WANT TO JUST FIX THIS ONE THING, NO, YOU'VE GOT TO FIX IT.
ALL RIGHT. SO IT LOOKS AS IF THIS IS THIS.
THIS IS THAT BACK SECTION WHERE THAT PLYWOOD THING, WHICH LOOKS LIKE SOMEONE ADDED ON TO THE HOUSE. YES, AND THAT IS THE AREA WHERE ROBYN, WE DIDN'T WALK IN BECAUSE IT WAS JUST HE'S A LITTLE TALLER THAN ME.
IT WAS RIGHT AT HIS HEAD HEIGHT AND I SAID, ROBERT, DON'T GO IN THERE BECAUSE THE AREA WHERE THE CEILING WAS SAGGING.
YES. DID IT APPEAR? DID YOU HAVE A CHANCE TO LOOK AT THE ROOF TO SEE IF THEIR ROOF WAS SAGGING AS WELL? OR IS IT JUST THE AREA BETWEEN THE CEILING AND THE ROOF? I WOULD SAY IT'S A COMBINATION OF BOTH.
AND THAT WAS THAT SECTION THAT WAS DONE WITH JUST THE PLYWOOD ON THE OUTSIDE.
I, IN MY OPINION, WHAT I WOULD SAY, IT HAS TO BE A COMBINATION OF BOTH BECAUSE THERE'S NO WAY THAT WAS INSTALLED LIKE THAT ORIGINALLY AND WHAT WAS HAPPENING AGAIN, IN MY OPINION, IS THE BOARDS ARE ROTTED AND THE SCREWS JUST LET GO THOSE LIGHT FIXTURES.
[01:40:03]
I SEE A LIGHT FIXTURE AND EACH ONE OF THOSE SAGGING ROOFS THAT'S PROBABLY HELP AND HOLDING UP THE CEILING BECAUSE THOSE ARE SCREWED INTO THE RAFTERS.BUT IS THAT A FIRE HAZARD? OH YEAH. YES, THAT'S YES.
NOW THAT'S EVEN IF THE POWER IS STILL CONNECTED TO THOSE WHICH.
SO IF THOSE WERE TO BE USED, IT'S IT'D BE.
IT'S A LIFE SAFETY ISSUE WHERE IT COULD START A FIRE.
OK. AND IS THAT A REFRIGERATOR I SEE IN THE ROOM? IT LOOKS PAINTED.
MOVE IT WITH THE SAGGING BLUE ROOF.
MM HMM. I THINK THAT WAS A WAS THAT A REFRIGERATOR? I CAN'T REMEMBER.
IT WAS A CONNECTED AND RUNNING THAT I DON'T KNOW.
I SAID I WASN'T WALKING IN THAT SECTION BECAUSE THAT CEILING COULD GIVE WAY ANY SECOND.
ALL RIGHT. YEAH. WE DIDN'T VENTURE INTO THAT.
AND THE BACK WALL THERE, LIKE ROBERT WAS TELLING YOU, THAT'S DAYLIGHT COMING THROUGH THE, YOU KNOW, AROUND THE WINDOW.
YEAH, YEAH. DID YOU DID YOU TAKE OUT ANY TOOLS OR DID YOU TEST OR, YOU KNOW, EITHER WITH THE HAND OR TOOLS, ANY OF THE STRUCTURES THAT YOU'RE LOOKING AT, YOU JUST DID A VISUAL INSPECTION AND DECIDED NOT TO TOUCH ANYTHING FOR FEAR THAT YOU MIGHT CAUSE DAMAGE OR HURT YOURSELF. YEP. YEAH, YEP.
ALL RIGHT. LET'S GO THROUGH THE OTHER, THE REST OF THE PHOTOS.
AND THAT'S THE BACK DOOR AREA, AND LIKE ROB WAS SAYING, IF YOU CAN NOTICE THE THERE'S A PIECE OF WOOD AT THE TOP OF THAT AND THAT'S BASICALLY HOLDING THAT DOOR CLOSED BECAUSE I THINK THE FRAMES ARE ROTTED AND THAT WAY THEY HAD NO ONE CAN PUSH THE DOOR IN WHICH PRESENTS ANOTHER ISSUE.
GOD FORBID THERE WAS A FIRE IN THAT HOUSE AND YOU CAN'T GET OUT THE FRONT DOOR.
HOW'S IT GETTING OUT THE BACK DOOR? OK, THAT'S A LIFE SAFETY ISSUE.
ALL RIGHT. SO AND THAT WAS PART OF THE VIOLATION AS WELL.
ALL RIGHT. THE POOR, THE PLYWOOD FLOORING WHERE THE DRYER IS AND THAT DRYER WAS NOT CONNECTED RIGHT NOW.
OK, SO WAS THAT THE REASON THEY WERE BRINGING IN THE 220? DO YOU KNOW THAT I CAN'T ANSWER I, TO BE HONEST WITH YOU, I DON'T KNOW WHY THEY WERE DOING IT. ALL RIGHT.
SO THE FLOORING IN THERE, YOU'RE SAYING THE FLOORING? WAS THAT DONE PROPERLY OR NOT? NO, THAT'S PLYWOOD THAT'S BEEN ADDED ON TOP OF PLYWOOD.
AND IT GOES, IF YOU KEEP SCROLLING, RUB IT.
AND THAT'S THE SILLY, WELL, WE CAN TALK ABOUT THAT WHILE WE'RE HERE.
WELL, LET'S FINISH THE FLOOR OF THE STORY.
WHY WAS ONE OF US SEE THE PICTURE WHERE IT GOES INTO THE BATHROOM? OK, LET'S SEE IF YOU CAN FIND THAT PICTURE.
OK, RIGHT THERE. OK, NOW SEE, YOU'VE GOT FLAUNT THAT.
BUT JUST WALKING INTO THE BATHROOM AREA.
NOW. YOUR BATHROOM IS SUPPOSED TO HAVE FLOORING THAT IS SEALED LIKE YOU CAN'T IF YOU'RE BUILDING, SAY, A NEW HOUSE.
THE AREAS THAT HAVE TO HAVE SEALED FLOORING ARE YOUR KITCHENS AND YOUR BATHROOMS TO TO GET A SEAL. NOW THIS HERE IS JUST PIECES OF CARPET THROWN ON TOP OF THE BARE PLYWOOD, WHICH IS YOU CAN'T DO THAT.
THAT'S ILLEGAL. SO ROB, IF YOU GO BACK UP TO THE CEILING WITH THE BACK DOORS.
OK, NOW THOSE HOLES, LIKE ROBERT, SAID, THAT'S MOLD IN THE BLACK AREAS AND THEN HOLES.
AND THE SAGGING THERE, SEE HOW CLOSE IT IS TO THE TOP OF THE DOOR.
I DON'T EVEN KNOW IF THAT DOOR WOULD OPEN BECAUSE THE CEILING IS SAGGED.
AND AGAIN, THIS CEILING IS SEPARATING FROM THE ROOF.
THE ROOF SAGGING, BUT THE CEILING? I CAN'T ANSWER THAT.
ONE HUNDRED PERCENT TO SAY IF THE RAFTERS HAVEN'T, YOU KNOW, ROTTED OUT COMPLETELY THERE.
WE WEREN'T GOING TO POKE AROUND AT THAT AND AND DEAL WITH THAT BECAUSE WE PROBABLY WOULD HAVE MADE IT WORSE THAN WHAT WAS THERE NOW IF WE DID THAT.
MOVE ON TO THE LAST SECTION OF PHOTOS.
I MEAN, I THINK WE'VE GOTTEN ENOUGH INFORMATION, BUT I WANT TO MAKE I WANT TO GO THROUGH ALL THE PHOTOS AND HAVE THE BUILDING INSPECTOR GIVE TESTIMONY WITH REGARD TO AND THEN THIS HERE IS THE BATHROOM.
LIKE ROBERT SAID, THAT WAS A LINEN CLOSET OR SOMETHING, BUT YOU GOT HOLES THROUGH THE WALL WHERE THE TOP YOU KNOW THAT WALL BUTTS BETWEEN THE CLOSET AND THE TUB? I MEAN, THERE'S HOLES IN THE MAIN WALL THAT SOMEONE KNOCKED IN THERE FOR SOME REASON.
ALL RIGHT, WHAT'S THAT STORED IN THERE WAS THAT ELECTRONICS, THERE WAS ALL KINDS OF STUFF STORED IN THERE. AND THEN THIS IS THE EXCUSE ME, THE TUB AREA.
THAT'S NOT WATER, THAT'S A STAIN.
AND AND IF YOU LOOK AT THE WALL TILES, THOSE ARE ALL FALLEN OFF THE WALL.
THOSE ARE THERE'S PROBABLY A EIGHT INCH SPACE BETWEEN THE TILES THERE WHERE IF HE TOOK A SHOWER, THE WATER IS GETTING IN THE WALL AND ROTTING EVERYTHING OUT, MAKING EVERYTHING
[01:45:03]
WORSE. THAT WHOLE AREA IS NOT STRUCTURALLY SAFE.IS THAT THE LAST OF THE PHOTOS? ALL RIGHT, SO BASICALLY AFTER YOUR INSPECTION AS A BUILDING INSPECTOR FOR ON BEHALF OF THE VILLAGE OF OF INDIAN TOWN, WHAT IS YOUR TESTIMONY WITH REGARD TO THE SAFETY OF THAT STRUCTURE? MY MY TESTIMONY IS THAT THIS HOUSE IS NOT REPAIRABLE.
AND I WON'T SAY STRUCTURE FOR ALL THE REASONS THAT YOU TESTIFIED HERE.
WITH REGARD TO LINKING YOUR TESTIMONY AND YOUR PERSONAL OBSERVATION WITH THE PHOTOS THAT WE'RE SHOWING, YES, CORRECT.
AND I WOULD BE HAPPY TO MEET WITH MR. GRIFFIN OR WHOEVER HE WANTS TO SEND OVER THERE AND GO OVER ALL THIS AT THE SITE.
LIKE I SAID, FOR SOME REASON, THEY'RE BEING VERY EVASIVE ABOUT THIS WOMAN THAT'S SUPPOSED TO BE HELPING HIS BROTHER BECAUSE SHE'S NOT DOING HER JOB, WHATEVER.
I DON'T KNOW IF SHE'S GETTING PAID TO DO THIS OR DOING IT AS A FRIEND, I DON'T KNOW, BUT SHE'S NOT DOING THIS GENTLEMAN JUSTICE.
YOU DID GIVE AN ORDER AND PLACE AN ORDER THAT THIS STRUCTURE HAD TO BE HAD TO BE VACATED.
YES. AND VACATED SINCE YOU GAVE THAT ORDER.
I BELIEVE I'VE BEEN BY THERE A COUPLE OF TIMES.
I MEAN, THAT DOESN'T MEAN HE'S NOT GOING THERE AT NIGHT BECAUSE, LIKE I SAID, THE GENTLEMAN THAT LIVES THERE, FROM TALKING TO HIS BROTHER, ELIJAH, HE SAID ALL HE DOES ALL DAY IS HE'LL GO BUY A CASE OF BEER AND RIDE AROUND ON HIS BIKE AND DRINK.
SO WHETHER HE GOES THERE AT NIGHT AND SLEEPS THERE, I DON'T KNOW.
BUT BUT YOU WOULD HOPE THAT I THINK THAT PREVIOUSLY GAVE TESTIMONY THAT YOU THINK HE MOVED WITH AND WITH THIS CARETAKER PERSON.
I DON'T. I I, ROBERT HAD SAID THAT.
I'M NOT SURE IF THAT'S THE CASE OR NOT.
NO, I DON'T. I DON'T KNOW, BUT I HAVE NOT SEEN HIM.
I'VE PROBABLY BEEN BY THERE SINCE THEN THREE OR FOUR TIMES BECAUSE I ALWAYS HAVE INSPECTIONS OUT THAT WAY, AND I'LL MAKE IT A POINT TO GO BY THERE AND I HAVEN'T SEEN HIM THERE. OK. ALL RIGHT.
BUT I MEAN, IT WOULD BE HELPFUL FOR ALL OF US IF WE COULD GET THE INFORMATION ON THIS LADY. IT'S SUPPOSED TO BE HIS CARETAKER OR WHATEVER SHE IS, BUT THEY'RE ALL BEING VERY ELUSIVE ABOUT HER INFORMATION AND WHERE SHE LIVES.
SO I I DON'T KNOW HOW WE CAN FORCE THEM IF WE CAN.
TO GIVE US THAT INFORMATION? WELL, OK.
WELL, THANK YOU FOR YOUR TESTIMONY.
THANK YOU, MR.. ALL RIGHT, AT THIS TIME, I GUESS THE VILLAGE HAS FINISHED ITS PRESENTATION ON THIS VIOLATION.
I DON'T SEE ANYONE HERE ON BEHALF OF THE PROPERTY OWNER OR THE CARETAKER OR ANYONE ELSE WHO MAY HAVE BEEN RESPONSIBLE FOR THIS PROPERTY.
SO I'M GOING TO PRESUME THAT THERE IS NO ONE HERE TO GIVE TESTIMONY ON THAT.
IS THERE ANYONE ON THE TELEPHONE? POSSIBLY. NO.
ALL RIGHT. SO AT THIS TIME, THE THE VILLAGE IS RECOMMENDED.
THAT THE PROPERTY BE ORDERED TO COMPLY WITHIN 30 DAYS OF THIS HEARING AND NO COMPLIANCE, IF AND IF NO COMPLIANCE WITHIN THAT, THEN $100 FINE PER DAY.
ADMINISTRATIVE COST OF ONE HUNDRED AND FIFTY DOLLARS.
I THINK THAT'S REASONABLE AND I'LL ENTER THAT AS THE ORDER IN THIS CASE.
OK. AND THEN IN 30 DAYS, WE CAN REVISIT IT TO SEE WHERE WE ARE ON THAT AND WHETHER OR NOT ANY PROGRESS WAS MADE WITH BOTH THE THE OWNER.
OF THE RESIDENT, THE TENANT AND THE PURPORTED CARETAKER WHO HAS SUPPOSEDLY HAD THE POWER OF ATTORNEY, ALTHOUGH WE'RE NOT SURE WHAT THAT ACTUALLY MEANS.
OKAY. ALL RIGHT NOW, I APOLOGIZE FOR TAKING SO LONG ON THIS ONE, BUT IT SEEMED IMPORTANT TO. GO THROUGH WHAT WAS DONE WASN'T DONE SO THAT WE COULD CREATE A GOOD RECORD FOR THAT.
ALL RIGHT. SO IF WE'RE FINISHED WITH THAT ONE, WE CAN MOVE ON TO TWENTY TWO, OH OH, THREE. THANK YOU, MR. GIARDINA.
[01:50:10]
AGAIN, WE'RE GOING TO MOVE FORWARD TO TAB THREE FOR TWENTY TWO ZERO ZERO THREE.AGAIN, MY NAME IS ROBERT PEREZ.
I'VE BEEN SWORN IN. I'M A CODE COMPLIANCE INSPECTOR FOR THE VILLAGE OF INDIAN TOWN.
THE CASE HAS BEEN INITIATED PROACTIVELY.
PUT MY DISCOVERY ON JANUARY 3RD OF TWENTY TWENTY TWO AND THE RESPONDENT HAS BEEN IDENTIFIED AS JOSEPH ROOSEVELT ESTATE.
OR RATHER, JOHNSON ROOSEVELT ESTATE.
AND THERE DOES NOT APPEAR TO BE ANYBODY OR ANY REPRESENTATION HERE IN HIS AND THEIR ABSENCE. I DID SPEAK WITH A REPRESENTATIVE BY THE NAME OF MR. JOHNSON, WHO IS THE HEAD OF THE ESTATE.
AND HE DID INDICATE THAT HE HAD INTENTIONS ON FACILITATING COMPLIANCE.
BUT AS OF THIS DATE, WE HAVEN'T RECEIVED ANY COMMUNICATIONS NOR ANY EVIDENCE OF COMPLIANCE ON THIS ON THESE VIOLATIONS.
THE CASE CONCERNS THE PROPERTY, LOCATED AT ONE FIVE TWO FOUR NINE SOUTHWEST FOX STREET VILLAGE OF INDIANTOWN FLORIDA.
AND ACCORDING TO OUR OFFICIAL RECORDS OF MARTIN COUNTY PROPERTY APPRAISERS.
AGAIN, THE PROPERTY OWNER IS JOHNSON ROOSEVELT ESTATE AND A COPY OF THE PROPERTY APPRAISER. RECORD OF OWNERSHIP IS MARKED BEFORE YOU AS EXHIBIT ONE.
ON JANUARY 3RD OF TWENTY TWENTY TWO, I INSPECTED THE PROPERTY, AND AT THAT TIME I OBSERVED THE FOLLOWING VIOLATIONS.
SO WE HAVE CLASSIFIED THIS CASE AS A NUISANCE ABATEMENT VIOLATION, AND WE HAVE VIOLATIONS UNDER SIX SEVEN ZERO EIGHT TWO ZERO ONE FOR A NUISANCE ABATEMENT THAT HAS BEEN DECLARED AND VIOLATIONS UNDER NINE ONE POINT THREE TO FOUR ABANDONED SALVAGE OR JUNKED PROPERTY.
AND AGAIN, VIOLATIONS UNDER NINE, ONE POINT THREE THREE FOR ABANDONED SALVAGE OR JUNK PROPERTY THAT IS PROHIBITED ALONG PUBLIC ROADWAYS OR SORRY, PUBLIC WASTE, WHICH WOULD INCLUDE ANY ROAD STREETS, ALLEYS, HIGHWAYS OR ANY PUBLIC EASEMENTS WITHIN THE MUNICIPALITY. YOU'RE.
AT THAT TIME, I PHOTOGRAPHED THE PROPERTY, AND THE PHOTOGRAPHS I WILL BE PRESENTING ACCURATELY DEPICT MY OBSERVATIONS ON SCENE.
SO THESE HAVE BEEN MARKED BEFORE YOU AS EXHIBIT TWO.
AND WE'LL DISTINGUISH EACH ONE AS WE GO, WE COULD START WITH THIS ONE HERE AS TO A..
AND THIS IS JUST AN AERIAL DEPICTION HERE.
IF YOU LOOK AT THE SCREEN ON WHERE I'M MOVING, MY ABSTRACT HERE IS THE PUBLIC ROADWAY OF FOX STREET. SO THIS WOULD BE THE FRONT END OF THE PROPERTY WHERE THE DRIVEWAY BUDS UP AGAINST THE ROADWAY. AND THIS WILL BE THE REAR END OF THE PROPERTY.
OK. CAN YOU GIVE ME A DIRECTION FROM FRONT STREET THAT FACES THE PROPERTY? YEAH. SO THE DIRECTION THERE WOULD BE SOUTH SIDE.
ALL RIGHT. YEP. OK, SO IT'S ON THE SOUTH SIDE OF FRONT STREET, FACE TO THE PROPER AND AND YOUR PHOTOS, YOUR PHOTOS STARTED WITH THE PROPERTY APPRAISERS PHOTO AND YOU HAVE SOME OTHER SPACE. YES.
SO GOING ON INTO TO BE HERE, WE HAVE A DEPICTION OF A LARGE PICKUP TRUCK, FORD F-250, A MAROON COLORED VEHICLE THAT'S DEPICTED HERE WITH LARGE TIRES, AND THE VEHICLE HAS BEEN IN THIS CONDITION.
IT DOES NOT WORK. YOU COULD SEE IN THE DEPICTION WHERE THE GRASS HAS GROWN QUITE SIGNIFICANTLY UNDER THE VEHICLE AND THEY'VE BEEN CUTTING AROUND IT, SEEING AS THEY HAVEN'T BEEN ABLE TO MOVE IT.
AND THE ACTUAL REGISTRATION ON THE VEHICLE IS EXPIRED.
SO IT DOES NOT HOLD A VALID REGISTRATION, NOR IS THE VEHICLE OPERABLE.
AND I OBVIOUSLY DIDN'T HAVE THE CHANCE TO VERIFY PHYSICALLY WHETHER OR NOT IT'S OPERABLE.
[01:55:02]
JOHNSON, THE THE HEAD OF THE ESTATE THAT CONTACTED ME, HE DID AFFIRM THAT THE VEHICLE WAS INOPERABLE AND THAT HE HAD INTENTIONS ON FIXING IT UP, SEEING AS HE WANTED TO KEEP IT.AND THIS WILL COMPLETE THE PHOTOS THAT I'VE TAKEN.
ANOTHER THING I WANT TO ADD JUST TO HIGHLIGHT ONE OF THE OTHER VIOLATIONS IS THAT YOU COULD SEE THIS PORTION HERE WHERE THE VEHICLE IS ACTUALLY THE PUBLIC.
IT'S A SWALE WHERE THE DRAINAGE WELL WOULD BE ON THE PROPERTY.
AND IF YOU LOOK AT THE AERIAL, IF YOU LOOK AT THIS AREA HERE, YOU'LL SEE IF YOU GIVE ME JUST ONE MOMENT. YOU'LL SEE IN THE DEPICTION HERE WHERE THE PROPERTY LINES ARE IN RELATION TO THE ROADWAY AND THERE IS A A PORTION THERE.
AND AS A MATTER OF FACT, YOU COULD ACTUALLY SEE THE PICKUP TRUCK IN THE AREA.
THIS HERE IS THE MAROON PICKUP TRUCK, AND YOU COULD SEE THAT IT IS IN THE PUBLIC EASEMENT. OKAY? BEFORE WE GO CONFIRMING WHETHER OR NOT TO THE PUBLIC EASEMENT, DID YOU HAVE AN OPPORTUNITY TO LOOK TO SEE WHETHER OR NOT IT WAS STAKED OR IF THERE WAS OTHER INFORMATION, SUCH AS CORNER BOUNDARIES OR OTHER PROPERTY MARKINGS THAT WOULD SHOW DEFINITIVELY ON THE GROUND WHERE THE EASEMENT BEGINS AND ENDS? NO, I DIDN'T HAVE ANY STEAKS OR ANYTHING LIKE THAT.
I JUST BASED IT ON WHERE THE PROPERTY LINES ARE BASED ON THIS AREA.
ALL RIGHT. YEAH. WERE THERE ANYTHING WAS ANYTHING ANYTHING ELSE WITH REGARD BECAUSE YOU HAD A NUISANCE ABATEMENT AND IN PUBLIC WASTE BESIDES THE PICKUP TRUCK? WAS THERE ANYTHING ELSE? NO, THIS THIS WOULD BE THE THE THE INOPERABLE VEHICLE THAT'S IN QUESTION INOPERABLE EQUIPMENT. SO IF HE WAS TO MOVE THAT TO THE DRIVEWAY, WOULD IT BE A PROBLEM? YEAH, BECAUSE THE VEHICLE IS CONSIDERED TO BE STILL INOPERABLE, SEEING AS IT HAS NO VALID REGISTRATION. OK, SO IF YOU GOT IT REGISTERED AND PUT IT IN A DRIVEWAY, YOU'D BE IN COMPLIANCE. ALL RIGHT. YEP.
OK, SO WHICH IS WHAT WHAT WAS REFERENCED TO THE HEAD OF THE ESTATE WHEN I WHEN I COMMUNICATED WITH HIM? SO SEEING AS IT WAS A FAIRLY EASY REMEDY, HE DID STATE THAT HE INTENDED ON DOING THIS AND FACILITATING THE COMPLIANCE.
BUT WE HAVEN'T RECEIVED ANY NOTIFICATIONS, NOR HAVE WE BEEN ABLE TO VERIFY WHETHER OR NOT OR RATHER, WE HAVEN'T BEEN ABLE TO VERIFY COMPLIANCE ON ON THIS ONE.
OK. SO FOR THIS ONE AND AND AGAIN, FOR CASE NUMBER TWENTY TWO, OH THREE, IT DOES NOT APPEAR THAT ANYONE APPEARED AT THE HEARING TO.
DISCUSS OR DISPUTE THE VILLAGE'S ASSERTIONS WITH REGARD TO THE VIOLATIONS OF THIS PROPERTY. JUST WANT TO BE CLEAR, THERE'S NO ONE ON THE PHONE WHO'S HERE, WHO'S TRYING TO DO IT TO, TO CHALLENGE OR TO GIVE DEFENSE TO THE PROPERTY.
MR PRESIDENT, THIS TIME, DO YOU HAVE A RECOMMENDATION FOR AN ORDER ON THIS VIOLATION? YEAH. WELL, WE COULD MOVE TO THE AFFIDAVIT OF SERVICE TO THE NOTICE OF VIOLATION NOTICE.
THE HEARING WAS WAS SERVED VIA CERTIFIED MAIL, REGULAR MAIL AND THE PROPERTY WAS POSTED AS OF JANUARY SIX OF TWENTY TWENTY TWO.
AND I DO HAVE MY AFFIDAVIT OF SERVICE.
WE DID NOT RECEIVE A RETURN RECEIPT ON THE CERTIFICATION CERTIFIED MAIL.
AND I DO HAVE A DEPICTION OF MY, OF MY POSTING AND AS I STATED, I DO. ALTHOUGH HE'S NOT HERE, I DID RECEIVE A PHONE CALL FROM THE REPRESENTATIVE ACKNOWLEDGING THE RECEIPT OF THE OF THE NOTICE OF VIOLATION NOTICE OF HEARING.
AND THIS HERE THAT I'VE HAVE UP ON THE SCREEN IS THE DEPICTION OF THE POSTING.
AND IN ORDER TO JUST ASSURE THAT THEY UNDERSTOOD THAT WHAT I WAS TALKING ABOUT, IT WAS POSTED ON THE VEHICLE IN QUESTION.
AT THIS POINT, I REQUEST THAT THE VILLAGE'S EXHIBITS ARE RECEIVED INTO EVIDENCE BASED UPON MY TESTIMONY AND EVIDENCE, I REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY WITH THE CITED PROVISIONS OF THE VILLAGE CODE BY WAR WITH WITHIN 30 DAYS OF THIS HEARING, IF
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NOT IN COMPLIANCE, BY THEN, I WOULD REQUEST THAT THEY'D BE REQUIRED TO PAY A FINE IN THE AMOUNT OF $100 PER VIOLATION FOR EVERY DAY THAT THE VIOLATION CONTINUES THEREAFTER, AND THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS AND THE AMOUNT OF $150 CONDUCTING THIS INVESTIGATION.AND WE REQUEST THAT THAT ALSO BE RECORDED IN THE ORDER AND REIMBURSED AT THE CONCLUSION OF THE HEARING. AND THAT WILL CONCLUDE MY MY TESTIMONY.
AND THIS MAN, IN THIS CASE, I'M GOING TO FOLLOW THE VILLAGE'S RECOMMENDATION AND ENTER AN ORDER THAT REQUIRES.
THE JOHNSON ROOSEVELT ESTATE TO COMPLY WITH THIS NOTICE OF VIOLATION WITHIN 30 DAYS OF TODAY'S HEARING. AND IF THERE'S NO COMPLIANCE FOR THE 30 DAYS OF THIS HEARING, THEN A FINE OF A HUNDRED DOLLARS A DAY WILL ISSUE WITH THE ADMINISTRATIVE COST OF ONE HUNDRED AND FIFTY DOLLARS TO BE ASKED TO BE INCLUDED WITHIN THAT ORDER.
AND THEN WE'LL MOVE ON TO THE NEXT ONE, WHICH IS CASE NUMBER TWENTY TWO FOR.
SO AGAIN, ROBERT PEREZ, I'VE BEEN SWORN IN THIS CASE WAS INITIALLY WAS INITIATED PROACTIVELY UPON MY DISCOVERY.
ON JANUARY 3RD TWENTY TWENTY TWO, THE RESPONDENT WAS IDENTIFIED AS FRANCISCO ALBERTO LOPEZ AND MARIA PEDRO, WHO ARE NOT PRESENT AT TODAY'S HEARING.
THE CASE CONCERNS THE PROPERTY, LOCATED AT ONE FIVE ONE NINE FOUR SOUTHWEST YALLA STREET AND IN THE INTERIM, FLORIDA, ACCORDING TO THE OFFICIAL RECORDS OF MARTIN COUNTY PROPERTY APPRAISERS. THE PROPERTY OWNER AGAIN HAS BEEN IDENTIFIED AS FRANCISCO ALBERTO LOPEZ AND MARIA PEDRO. AND A COPY OF THE PROPERTY APPRAISERS RECORD HAS BEEN DISPLAYED BEFORE YOU AS EXHIBIT ONE. RIGHT.
TWENTY TWENTY TWO, I INSPECTED THE PROPERTY, AND AT THAT TIME I OBSERVED THE FOLLOWING VIOLATIONS. THIS CASE HAS ALSO BEEN RECORDED AS A NUISANCE ABATEMENT AND AS A MATTER OF FACT, NOT TO NOT TO BACKTRACK, BUT WITH REGARDS TO 20 TWO ZERO ZERO THREE. IF IF WE MAY ALSO INCLUDE IN THAT ORDER THAT IF THEY DO NOT FULFILL THE REQUIREMENTS WITHIN THE 30 DAYS THAT THE VILLAGE BE AUTHORIZED OR GIVEN THE AUTHORIZATION TO ABATE THE NUISANCE.
IF NOT COMPLIED WITHIN THE TIME FRAME ALLOTTED.
FORGIVE ME, I MEANT TO PROVIDE THAT WITH MY TESTIMONY.
OK. BECAUSE CAN I BEAT THE NUISANCE AND THEN APPLY THE COST TO THE ORDER? YES, SIR.
SO TO CONTINUE HERE AGAIN ON 20 TWO ZERO ZERO FOR THE VIOLATIONS THAT WERE RECORDED, IT WAS CITED UNDER SIX SEVEN ZERO TWO ZERO ONE FOUR NUISANCE ABATEMENT THAT WAS DECLARED AND VIOLATIONS UNDER NINE ONE POINT THREE TO FOUR ABANDONED VEHICLES.
UM. THIS WOULD HAVE BEEN ABANDONED, SALVAGED OR JUNK PROPERTY, AND NINE ONE THREE THREE FOUR ABANDONED SALVAGE OR JUNK PROPERTY WITHIN PROHIBITED ON PUBLIC ROAD PUBLIC WAYS.
AND WE ALSO HAVE VIOLATIONS UNDER SIXTY SEVEN POINT TWO ZERO ONE BE FOR THE EXCESSIVE ACCUMULATION OF TRASH AND VIOLATIONS UNDER TWENTY ONE POINT ONE TO ONE FOR WINDOWS, SKYLIGHT AND DOOR FRAMES AND VIOLATIONS UNDER FIVE DASH TWO POINT EIGHT FOR FAILURE TO DISPLAY ADDRESS.
ALL RIGHT, AND. AND SO AT THE TIME, I PHOTOGRAPHED THE PROPERTY AND THE PHOTOGRAPHS THAT
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I'M GOING TO BE PRESENTING ACCURATELY SHOW WHAT I SAW AT THE TIME OF MY INSPECTION, AND THEY'VE BEEN MARKED BEFORE YOU AS EXHIBITS EXHIBITS TOO.SO AGAIN, HERE THIS IS EXHIBIT TWO A..
AND THIS HERE IS A DEPICTION AGAIN FROM PROPERTY APPRAISERS.
AERIAL DEPICTION OF THE PROPERTY IN RELATION TO THE ROADWAY.
THIS FRONT SIDE OF THE PROPERTY WHERE THE ROAD IS, IT'S ALONG THE WHAT WOULD BE THE SOUTH SIDE OF THE ROAD FACING NORTH.
AND THEN GOING ON TO EXHIBIT TO BE WE HAVE A GENERAL DEPICTION OF THE PROPERTY.
AND IF WE GO TO THE BOTTOM TAB HERE, WE HAVE A DEPICTION OF ALL THE EXCESSIVE.
IT'S JUST A BUNCH OF MISCELLANEOUS MATERIALS.
SOME OF IT MAY BE CONSIDERED TRASH AND OTHER JUST GENERAL OUTDOOR STORAGE UNDERNEATH THE CARPORT AND JUST BEYOND THE PICNIC TABLE.
THERE'S THE INOPERABLE VEHICLE IN QUESTION THAT'S BEING STORED WITHIN THE CARPORT.
OK AND AND AGAIN, STORING A VEHICLE IN A CARPORT, IF THAT WAS A CLOSED GARAGE, WOULD THERE BE A DIFFERENCE? NO, BUT THE ISSUE IS THAT IT IS WITHIN PLAIN VIEW AND IT'S INOPERABLE. SO THE VEHICLE, ALTHOUGH MY DEPICTIONS DON'T ACCURATELY DISPLAY IT, IT HAS FLAT TIRES AND IT HAS NO VALID TIGER REGISTRATION ON THIS VEHICLE BECAUSE IT'S HARD TO SEE THAT AGAIN IF YOU DON'T HAVE A PICTURE OF THE FLAT TIRES AND THE NO REGISTRATION.
IT'S A LITTLE HARDER TO PROVE THAT IT'S INOPERABLE OR THAT IT VIOLATES CODE.
MM HMM. OK, SO YOUR TESTIMONY IS GOING TO BE SUFFICIENT, BUT I SUGGEST IN THE FUTURE THAT YOU PROVIDE PHOTOGRAPHS OF OF THOSE THINGS IN OPERABILITY AND ALSO FURTHER DEMONSTRATE THAT ESPECIALLY WHEN A VEHICLE IS PARKED OFF THE ROAD UNDER A CARPORT.
IT ISN'T EASILY IN VIEW OF THE PUBLIC UNDERSTOOD.
IT DOES APPEAR THAT THEY HAVE A PICNIC TABLE SET UP UNDER THEIR CARPORT.
YES. DOES THAT IS THAT A VIOLATION TO TO HAVE AN OUTDOOR DINING PORTION IN YOUR CARPORT? NO, NO. IT'S MORE OF JUST ALONGSIDE THE THE CARPORT.
YOU COULD AH, RATHER THE PICNIC TABLE.
YOU COULD SEE WHERE THERE ARE SOME BAGS AND BOXES AND JUST MISCELLANEOUS EQUIPMENT THAT'S BEING STORED THERE.
AND SO WHAT WE WOULD REQUIRE IS THAT THE EQUIPMENT, WHATEVER IS TRASH, BE DISCARDED AND THAT THE EQUIPMENT BE ORGANIZED OR STORED IN A FASHION WHERE IT'S NOT AN EYESORE.
OK. AND AND AGAIN, THE EYESORE SOUNDS WITH RELATION TO THE ESTHETIC, THEY'RE JUST BASICALLY THE ESTHETICS OF THE COMMUNITY AND ENSURING THAT IT'S NOT, YOU KNOW, BEING STORED IN A FASHION WHERE YOU KNOW, IT'S A BUNCH OF EQUIPMENT AND MATERIAL ALL OVER THE PROPERTY AND IN A DISORDERLY FASHION.
SO REALLY, IT'S MORE FOR THE ESTHETIC AND THE EYESORE.
WAS THERE ANY DETERMINATION MADE AS TO THE OPERABILITY OF ANY OF THAT EQUIPMENT OR NO, YOU KNOW, NO DETERMINATION MADE ON THAT? ALL RIGHT, YOU CAN CONTINUE.
AND THEN GOING INTO THE NEXT TAB HERE, YOU'LL SEE THAT THE ONE WINDOW THERE ALONG THE FRONT END OF THE PROPERTY IS HAS A A WOOD BORDER, A WOOD TOPPING ON IT, AND THAT WOULD BE UNDER THE WINDOWS AND DOOR FRAMES AND WENT OR WINDOW FRAMES AND DOOR FRAMES VIOLATION WHERE WE WOULD REQUIRE UNDER THE CODE THAT THESE ENTRYWAYS WINDOWS DOORS BE SAFE AND CLEAR OF ANY OBSTRUCTION.
IN THE EVENT THAT YOU KNOW THERE'S AN EMERGENCY OR SOME SORT OF HAZARD WITHIN THAT PARTICULAR PORTION OF THE HOME, WE'D WANT TO ENSURE THAT THERE'S AVAILABILITY TO ENTER AND EXIT FROM THE FROM THE DWELLING IN THAT DIRECTION.
YES. DID THE BUILDING INSPECTOR HAVE A HAVE A CHANCE TO LOOK AT THE LOOK AT THAT PLYWOOD COVERING? AND THE REASON I ASK IS THAT WE LIVE IN A STATE WITH HURRICANES AND WINDSTORM.
YEAH, A PLYWOOD COVERING OVER A WINDOW DOESN'T AUTOMATICALLY MAKE IT AN UNSAFE STRUCTURE.
IN FACT, IT MIGHT BE THE ONLY WAY TO PROTECT THE STRUCTURE DURING THOSE TIMES.
AND EVEN THOUGH IT TAKES PEOPLE A WHILE TO GET BACK TO THAT, I DON'T KNOW IF THAT'S NECESSARILY WHAT'S GOING ON HERE.
YOU KNOW, CAN THE DEPICTION HASN'T BEEN SHOWN TO OUR BUILDING OFFICIAL, BUT WITHIN OUR
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PROVISIONS, WE BASICALLY REQUIRE THAT THESE DOOR COVERS OR WINDOW COVERS BE REMOVED WITHIN A TIMELY MANNER IF IN FACT AND.WITHOUT A STORM, ACTUALLY, YOU KNOW, IMPENDING OR, YOU KNOW, COMING, THEN THIS WOULD JUST BE CONSIDERED A VIOLATION IN GENERAL IF THERE WAS A STORM WHERE WE WERE RECENTLY JUST AFTER JUST GETTING THROUGH A STORM.
WE WOULD DEFINITELY BE ALLOTTING A GRACE PERIOD FOR EVERYONE TO HAVE THESE PROTECTIONS OR TO BE REMOVED AND BACK IN A NORMAL FASHION.
OK, SO IT LOOKS LIKE IT'S NOT THERE FOR PROTECTION.
IT LOOKS LIKE IT'S THERE BECAUSE THE WINDOW ISN'T THERE.
BASED ON WHAT I WAS ABLE TO SEE, THERE IS A WINDOW THERE.
I DON'T KNOW IF SOME OF THE PANELS ARE.
THE WINDOWS ARE BROKEN OR CRACKED.
I'M NOT SURE IF IT'S FOR OUR SAFETY.
YOU KNOW, IN THE SENSE OF THAT, THE WINDOWS IN DISREPAIR, THAT NONE OF THAT I'M SURE OF SEEING AS THEY HAD. I HAVEN'T BEEN IN COMMUNICATION WITH THE RESIDENT AS OF YET.
YOU CAN CONTINUE, AND THAT WILL BE.
THE REMAINDER OF THE THE PHOTOS THERE.
BASED ON MY INVESTIGATION, I ISSUED A NOTICE OF VIOLATION NOTICE OF HEARING ON JANUARY 3RD OF TWENTY TWENTY TWO AND THE NOTICE WAS SENT VIA CERTIFIED MAIL, REGULAR MAIL AND POSTED ON JANUARY SIX OF TWENTY TWENTY TWO.
ACCORDING TO THIS AFFIDAVIT OF SERVICE, WE HAVE NOT RECEIVED THE RETURN RECEIPT ON THE CERTIFIED MAIL OUT, BUT THE PROPERTY WAS POSTED AS OF JANUARY SIX AND I DO HAVE A DEPICTION THERE WITH ME OF OF MY POSTING.
DO YOU KNOW IF THOSE IF THE RESIDENTS OF THAT PARTICULAR STRUCTURE OR ABODE, ARE THEY SNOWBIRDS? YOU KNOW, THESE ARE THESE ARE FULL TIME RESIDENTS HERE ON THIS PROPERTY.
THEY BOARDED UP THEIR WINDOWS AND WENT BACK NORTH TO HAVE THEM BACK.
YEAH, YEAH. I MEAN, IT'S DEFINITELY WE DO HAVE THAT HERE IN TOWN, BUT FROM JUST THE GENERAL OBSERVATIONS I'VE MADE ON ON THE PROPERTY, IT IS A FULL TIME OCCUPANTS.
OK, SO YOU DID. YOU POSTED THE NOTICE AT THE DOOR? YES, I SEE. YES.
YOU POSTED ANY NOTICES, AS YOU DID WITH WITH, UM, WITH NO THE VEHICLE.
NO, NO. I POSTED THEM ON THE FRONT DOOR OR RATHER ON THE FRONT SIDE OF THE PROPERTY ONLY.
DID YOU DID YOU KNOW WHETHER OR NOT? I MEAN, DOES IT LOOK LIKE SOMEONE'S LIVING THERE? IT DOES APPEAR THAT SOMEONE'S LIVING THERE.
I HAVEN'T MADE CONTACT WITH ANYBODY, BUT YOU KNOW, BASED ON ALL THE EQUIPMENT THAT'S BEING STORED ON THE OUTSIDE, I'VE SEEN DIFFERENT VEHICLES FREQUENT THE PROPERTY AND OUR PARKED OUTSIDE SOME OF MY VISITS PRIOR TO THE HEARING.
SO I'M GATHERING THAT THERE IS A FULL TIME OCCUPANT.
ALL RIGHT. THIS TIME WE'D ASKED THAT THE VILLAGE'S EXHIBITS BE RECEIVED INTO EVIDENCE AND BASED UPON MY TESTIMONY AND EVIDENCE, I REQUESTED THE RESPONDENT BE ORDERED TO COMPLY WITH THE CITED PROVISIONS OF THE VILLAGE CODE WITHIN 30 DAYS OF THE HEARING AND IF NOT COMPLIED WITHIN THIS TIME FRAME, WE'D REQUIRE THEM TO FIND TO BE IMPOSED OF AT THE AMOUNT OF ONE HUNDRED DOLLARS PER VIOLATION PER DAY FOR ANY VIOLATIONS THAT CONTINUE THEREAFTER.
AND THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS AND THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS CONDUCTING THIS INVESTIGATION, AND I REQUEST THAT THE VILLAGE BE REIMBURSED THIS AMOUNT AT THE CONCLUSION OF TODAY'S HEARING, AND THIS WILL CONCLUDE MY TESTIMONY. ALL RIGHT.
I WILL ACCEPT THE THE VILLAGES, THE EXHIBITS IN THE EVIDENCE.
AND I DO ACCEPT YOUR TESTIMONY WITH REGARD TO THE DISABLED VEHICLE IN THE EVIDENCE, HOWEVER. IN THE FUTURE, I WOULD REQUEST THAT YOU PROVIDE MORE PHOTOGRAPHIC EVIDENCE OF SUCH DISABILITY FOR FOUR VEHICLES SUCH AS THAT, EVEN THOUGH EVEN THOUGH YOU POSSIBLY DIDN'T HAVE PERMISSION TO GO ONTO THE PROPERTY, YOU ARE CODE INSPECTOR.
SO I'D LIKE TO HAVE THAT IN THE RECORD SO THAT THE OWNER DOESN'T DISPUTE THAT.
SO THAT IT BECOMES CLEAR WHAT DAY THAT WAS TAKEN.
YOU KNOW WHAT THE CONDITION WAS ON THAT DAY.
SO THEY CAN'T SAY, WELL, WE JUST FILLED THE TIRES UP AND WE JUST GOT THERE, YOU KNOW? OH, SURE. YES. OK.
BUT I'M GOING TO GO IN ON THE VILLAGE'S RECOMMENDATION TO ENTER AN ORDER.
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OK. ORDER TO COMPLY WITHIN 30 DAYS OF TODAY'S HEARING.AND IF NO COMPLIANCE WITHIN 30 DAYS OF TODAY'S HEARING, THEN FINE OF $100 PER DAY SHALL ISSUE, AND THE ADMINISTRATIVE COSTS OF ONE HUNDRED AND FIFTY DOLLARS SHALL BE INCLUDED WITHIN THAT ORDER. AND THEN I'D LIKE TO GO BACK JUST TO BE CLEAR ON THE RECORD FOR CASE NUMBER TWO TWO ZERO THREE.
ROOSEVELT JOHNSON ESTATE STATE IN THAT CASE, JUST MAKE IT CLEAR THAT THE COST OF THE VILLAGE, IF NO COMPLIANCE HAS OCCURRED WITHIN 30 DAYS OF TODAY'S HEARING THAT THE VILLAGE SHALL BE EMPOWERED TO ABATE THE NUISANCE WITH THE COST OF THAT ABATEMENT TO BE PAID TO BE ADDED TO ANY ORDERS OR LIENS THAT ARE ISSUED AGAINST THE PROPERTY OWNER, FOR THAT MATTER.
SO LET'S GO ON TO TWO TWENTY TWO, OH OH, FIVE.
HI, MY NAME IS ROBERT PEREZ, I'M A CALL COMPLIANCE INSPECTOR WITH THE VILLAGE OF INDIANTOWN. THIS CASE WAS INITIATED PROACTIVELY UPON MY DISCOVERY ON JANUARY 3RD OF TWENTY TWENTY TWO.
THE RESPONDENT HAS BEEN IDENTIFIED AS TOOM, DIEGO TOLJAN AND I VELASCO.
AS I SAY US TOLJAN FOR THE AND THEY THERE ARE NO REPRESENTATIVES OR RESPONDENTS CURRENTLY HERE PRESENT THE CASE CONCERNS THE PROPERTY, LOCATED AT ONE FIVE ONE FIVE FOUR SOUTHWEST YALLA STREET, INDIAN TOWN, FLORIDA AND OUR MARTIN COUNTY PROPERTY APPRAISER RECORD HAS BEEN MARKED BEFORE YOU, REFLECTING THIS OWNERSHIP AS EXHIBIT ONE.
ON JANUARY 3RD OF TWENTY TWENTY TWO, I INSPECTED THE PROPERTY, AND AT THAT TIME I OBSERVED THE FOLLOWING VIOLATIONS.
WE HAVE ALSO RECORDED THIS PROPERTY AS A NUISANCE ABATEMENT CASE AND THE FIRST VIOLATION BEING UNDER SIX SEVEN POINT TWO ZERO ONE FOUR NUISANCE NUISANCE ABATEMENT THAT WAS DECLARED AND VIOLATIONS UNDER NINE ONE POINT THREE TO FOUR ABANDONED SALVAGE THEIR JUNK PROPERTY PROHIBITED GENERALLY AND VIOLATIONS ON THEIR NINE ONE ZERO EIGHT THREE THREE FOUR ABANDONED SALVAGE OR JUNK PROPERTY PROHIBITED ON PUBLIC WAYS.
WE ALSO HAVE VIOLATIONS UNDER SIX, SEVEN POINT TWO ZERO ONE B FOR TRASH AND SIX SEVEN POINT TWO ZERO ONE A FOR WEEDS AND UNDERGROWTH.
AND LASTLY, WE HAVE VIOLATIONS ON THE THREE DASH, FIVE POINT TWO FOR THE STORAGE OR KEEP OF ANIMALS AND LIVESTOCK AND VIOLATIONS ON THEIR FIVE DASH TWO POINT EIGHT FOR DISPLAYING OF ADDRESSES. AND.
NO, NO, IT'S OK. AND I WAS HOPING THAT THEY WERE HERE FOR SO IS I.
ALL RIGHT. SO WE AT THAT TIME I PHOTOGRAPHED THE PROPERTY AND THE PHOTOGRAPHS ACTUALLY SHOW WHAT I SAW THEN AND OUR MARK BEFORE YOU AS EXHIBIT TWO.
SO THIS FIRST HERE IS A DEPICTION OF OBTAINED FROM THE PROPERTY APPRAISERS, MARTIN COUNTY PROPERTY APPRAISERS.
AND IT JUST SHOWS THE DEPICTION OF THE PROPERTY IN RELATION TO THE PUBLIC ROADWAY.
THIS HERE BEING YALLA AND THIS PROPERTY IS ON THE SOUTH SIDE OF YALLA YALLA FACING NORTH.
AND THE FIRST DEPICTION HERE IS A GENERAL DEPICTION OF THE OUTSIDE OF THE PROPERTY.
YOU COULD SEE THAT THE VEGETATION ALONG THE OUTSIDE IS SIGNIFICANTLY OVERGROWN, PREVENTING A CLEAR VANTAGE POINT OF THE PROPERTY ADDRESS AND REALLY OBSTRUCTING
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JUST THE ABILITY TO EVEN ACCESS THE PROPERTY.I WASN'T ABLE TO ACCESS THE FRONT DOOR.
JUST SEEING AS THERE WAS, THERE TENDS TO BE A LARGE AMOUNT OF DOGS, LOOSE DOGS COMING IN AND OUT OF THE PROPERTY. ASIDE FROM ALL THE OTHER FORMS OF FOUL OF LIVESTOCK THAT THEY HAVE ON THE PROPERTY.
UM, ROLLING INTO THE BOTTOM DEPICTION.
YOU'LL SEE THE VEHICLE, THE INOPERABLE, ONE OF THE INOPERABLE VEHICLES IN QUESTION THAT APPEARS TO BE A SILVER FORD MUSTANG, AND YOU'LL SEE IN THIS DEPICTION THAT THIS VEHICLE HAS NO TAG WHATSOEVER AND IT IS IN AN INOPERABLE STATE.
THE TIRES WERE FLAT AND YOU COULD SEE THE GRASS GROWING SIGNIFICANTLY UNDERNEATH THE VEHICLE, SEEING AS IT HASN'T BEEN MOVED IN SOME TIME.
AND GOING INTO THE NEXT DEPICTION HERE IS A DEPICTION OF THE TRUCK HERE IS IS OPERABLE, BUT THE RED VEHICLE JUST IN FRONT OF IT IS INOPERABLE HAS AGAIN, JUST LIKE THE MUSTANG, NO TAG, NO REGISTRATION.
AND IF YOU LOOK CLOSELY, YOU COULD SEE THAT THEY'VE JUST STARTED TO STORE THINGS ON TOP OF THE VEHICLE. SO IT AGAIN WAS ONE OF THE.
VEHICLES IN QUESTION WITH REGARDS TO INOPERABLE.
NOW, WITH RELATION TO THE STORAGE OF OF LIVESTOCK'S.
SO I WASN'T ABLE BECAUSE THE THE STORING OF THE OF ITS CHICKENS THAT THEY'RE STORING ON THE RESIDENTIAL PROPERTY, I WASN'T ABLE TO ACCESS THE YARD.
BUT IT IS MY TESTIMONY THAT WHILE I WAS THERE, YOU COULD HEAR THE CHICKENS AND THE ROOSTERS CROWING.
IT'S A COMPLAINT OF WITH REGARDS TO THIS PROPERTY THAT I'VE RECEIVED ON SEVERAL OCCASIONS, AND WE'VE POSTED COURTESY NOTICES IN THE PAST LETTING THE RESIDENT KNOW THAT, YOU KNOW, THEY ARE IN A RESIDENTIAL ZONED DISTRICT AND THEY CANNOT, YOU KNOW, HAVE THESE CHICKENS OR ROOSTERS ON THE PROPERTY.
SO IT IS MY TESTIMONY THAT THERE ARE ANIMALS THAT ARE CLASSIFIED AS LIVESTOCK BEING STORED AND KEPT ON THE PROPERTY, WHICH IS DECIDED ON THE ORIGINAL NOTICE OF VIOLATION.
DID YOU SEE ANYTHING LIKE A COOP OR ANYTHING LIKE THAT IN THE BACKYARD? SO. YEAH. YOUR NEIGHBORHOOD CAN BE INFESTED WITH CHICKENS AND THEY'RE NOT NECESSARILY YOURS. YEAH, YEAH. SO THERE ARE SOME COOPS THAT I WAS ABLE TO SEE FROM A SMALL VANTAGE POINT ALONG WHAT WOULD BE THE WEST SIDE OF THE PROPERTY.
YOU KNOW, WAS I ABLE TO SEE INSIDE OF THESE ENCLOSURES? NO, BUT YOU COULD TELL THEIR ENCLOSURES THEY'RE STACKED ALONGSIDE ONE ANOTHER AND YOU COULD SEE THE CHICKEN WIRE ALONG THE FRONT END OF THE ENCLOSURE.
OK. AND YOU YOU SAY YOU WEREN'T ABLE TO GET PHOTOS BECAUSE THEY HAD SOME.
THERE WERE SOME LOOSE DOGS RUNNING.
YEAH. SO WERE YOU ABLE TO ESTABLISH THAT THOSE DOGS WERE OWNED BY THE PERSON? I WAS NOT.
SO. THAT IS THE EXTENT OF IT, BUT I MEAN, IRREGARDLESS, THE LIVESTOCK, THE RATHER THE CHICKENS AND THE ROOSTERS, IT IS A QUITE A SIGNIFICANT ISSUE HERE IN OUR COMMUNITY.
BUT I'M SOLELY BASING THIS NOT ONLY ON MY THE OBSERVATIONS THAT I WAS ABLE TO MAKE, BUT ALSO ON INQUIRIES THAT WE'VE RECEIVED IN THE PAST WITH RELATION TO THIS PROPERTY AND THE KEEP OF CHICKENS AND ROOSTERS.
HAS THIS PROPERTY BEEN GIVEN A NOTICE OF VIOLATION FOR LIVESTOCK BEFORE NO NOTICE OF VIOLATION? JUST COURTESY NOTICES.
SO WE DO KIND OF TRY TO ADDRESS THESE ISSUES, I GUESS, IN A LESS PUNITIVE FASHION.
YEAH, YEAH. SO AS FAR AS THE LIVESTOCK, AS FAR AS KEEPING THE ROOSTERS, DO YOU KNOW IF THEY'RE SELLING EGGS OR IF THEY'RE JUST SELLING THE CHICKENS THAT I DON'T KNOW FIGHTING THEM, ARE THEY? NO, NO.
I MEAN, I COULDN'T TELL YOU MUCH AS TO THE REASONING BEHIND THE KEEPING OF OF THE CHICKENS AND ROOSTERS.
YOU KNOW, IF I WERE, I DON'T WANT TO ASSUME EITHER.
SO THAT'S WHY I'M ASKING IF THERE'S ANY EVIDENCE OF THAT.
NO EVIDENCE, NO EVIDENCE OF OF OF EITHER COCKFIGHTING OR THE SALE OF EGGS OR OR FOR THE SALE OF, YOU KNOW, THE SALE OF SLAUGHTERED CHICKENS, SLAUGHTER CHICKENS, SLAUGHTERED CHICKENS, FRESH CHICKENS.
YEAH, OK. NO EVIDENCE OF THAT.
NO SIGNAGE OR ANYTHING OUTSIDE OF THE PROPERTY TO REFLECT THAT THAT'S GOING ON.
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BUT YOU DID OBSERVE SOME CHICKEN.WHAT LOOKED LIKE CHICKEN ENCLOSURES OR COOPS IN THE BACK YARD? YES. DIDN'T HAVE A CHANCE TO GET ANY PHOTOS BECAUSE THEY WERE DOING WILD DOGS.
KIND OF WILD DOGS, RIGHT? YEAH. YEAH. OKAY.
WAS THERE ANY VIOLATION FOR THAT FOR THE FOR THE DOGS? SO SEEING AS I COULDN'T DETERMINE AS YOU HAD ASKED ME EARLIER WHETHER OR NOT THE DOGS WERE OWNED BY THEM? I DIDN'T. I THERE WASN'T ANY TAGS OR ANYTHING THAT I COULD CROSS REFERENCE TO ASSOCIATE THIS PROPERTY TO THOSE ANIMALS.
SO I DIDN'T CITE THAT ON THIS NOTICE OF VIOLATION.
BUT DURING THIS INSPECTION, I AND QUITE FREQUENTLY THROUGHOUT MY PATROLS, I I CONTACTED MARTIN COUNTY ANIMAL CONTROL AND FILED A COMPLAINT WITH THEM.
AND TYPICALLY THEY'LL COME OUT AND DO A AERIAL PATROL IN SEARCH OF ANY LOOSE ANIMALS IN THE COMMUNITY. YOU KNOW, IF THAT'S OCCURRED YET BECAUSE I WAS GOING TO ASK YOU ABOUT WHETHER OR NOT YOU WHETHER OR NOT THE VILLAGE HAS AN ANIMAL CARE CONTROL OR ARE YOU STILL RELYING ON BURTON COUNTY? YEAH. SO WE'RE STILL STILL RELYING ON MARTIN COUNTY.
THEY DON'T NECESSARILY CONTACT ME BACK OR GIVE ME AN UPDATE AS TO WHAT THEIR FINDINGS WERE OR WHEN THESE COMPLAINTS ARE BEING ADDRESSED.
BUT WE CAN WE CAN FOLLOW UP WITH THEM TO VERIFY, OKAY.
YOU MAY WANT TO GO AHEAD AND DO THAT.
VERIFY THAT AND SEE IF THEY CAN ALSO VERIFY YOU'RE SAYING THAT THEY KEEP CHICKENS IN THE BACKYARD. YEAH, THEY'RE ALSO CHICKENS RUNNING AROUND LOOSE, I IMAGINE, AS WELL.
YEAH. SO I HAVE ACTUALLY VERIFIED WITH MARTIN COUNTY ANIMAL CONTROL WITH REGARDS TO STRAY CHICKENS OR ANYTHING LIKE THAT, AND THEY UNFORTUNATELY, THEY DO NOT DO ANY SORT OF PREVENTATIVE SWEEPS OR ANYTHING LIKE THAT IN ORDER TO PICK UP ANY STRAY CHICKENS IN THE COMMUNITY. OKAY.
SO WE'RE, YOU KNOW, STILL CURRENTLY IN THE PROCESS OF TRYING TO CONSULT WITH OTHER ENTITIES OR IN ORDER TO ADDRESS THAT ISSUE WITHIN THE COMMUNITY.
YEAH. AND THE REASON BECAUSE IF THEY'RE NOT MARKED, IF THEY'RE NOT TAGGED, YOU KNOW, JUST BECAUSE THEY'RE IN SOMEONE'S YARD DOESN'T MEAN IT'S THEIR CHICKEN.
UNDERSTOOD. SO SO WHEN YOU'RE WHEN YOU'RE MAKING THAT VIOLATION, I JUST WANT TO BE CLEAR OF HOW YOU'RE BUILDING THE EVIDENCE TO ESTABLISH THAT THAT ANIMAL BELONGS TO THIS PERSON FOR THE VIOLATION AND WITHOUT THEM BEING TAGGED LIKE YOU SAID OR ANYTHING WHERE WE TRY TO LOOK FOR ANY SORT OF EQUIPMENT OR EVIDENCE THAT WOULD REFLECT THE UPKEEP OF ANY CHICKEN OR FALL ON THE PROPERTY.
AND THEY HAVE. AND YOU SAW EVIDENCE OF I DID.
ALL RIGHT. CAN YOU CONTINUE, PLEASE? YEAH. BASED UPON MY INVESTIGATION, I ISSUED A NOTICE OF VIOLATION NOTICE, A HEARING TO THE RESPONDENT ON JANUARY 3RD OF TWENTY TWENTY TWO, OF WHICH IS HAS BEEN MARKED BEFORE YOU AS EXHIBIT THREE.
AND IN THE NOTICE, THE RESPONDENT WAS GIVEN.
THE RESPONDENT WAS GIVEN, IF YOU BEAR WITH ME HERE ONE MOMENT.
I BELIEVE IT WAS 10 DAYS, YES, 10 DAYS TO COMPLY, WHICH WOULD HAVE REQUIRED COMPLIANCE ON JANUARY 13 OF TWENTY TWENTY TWO.
WE DID SERVE THIS NOTICE VIA CERTIFIED MAIL, REGULAR MAIL AND POSTING, ACCORDING TO MY AFFIDAVIT OF SERVICE SERVICE WAS RECEIVED.
WE DID RECEIVE A RETURN RECEIPT ON THIS ON JANUARY SIX TWENTY TWENTY TWO AND THE PROPERTY WAS POSTED ON JANUARY SIX OF TWENTY TWENTY TWO PRIOR TO HEARING A TEN TO AT LEAST 10 DAYS PRIOR TO HEARING. AT THIS TIME, IT WAS POSTED ON THE SIXTH ON THE 6TH.
YES. AND WE'VE HAD WE'VE PERIODICALLY RETURNED TO THE RESIDENCE AND WE HAVEN'T BEEN ABLE TO VERIFY ANY ANY COMPLIANCE, WE HAVEN'T RECEIVED ANY COMMUNICATION FROM THE RESIDENT AND OR NOR THE PROPERTY OWNER.
BUT WE AGAIN HAVEN'T BEEN ABLE TO VERIFY ANY COMPLIANCE OR THE THE STATE OF THE CONDITION IS EXACTLY AS YOU SAW IN THE EVIDENCE SHEET THAT YOU I PRESENTED IN MY PRESENTATION.
IT DIDN'T APPEAR THAT ANYONE TRIED TO MOVE THE MUSTANG OR KNOW TRY TO AT LEAST PUMP THE TIRES UP. AND YEAH, NO.
YEAH. AND THEN THE OTHER CAR, IT LOOKED LIKE, LOOK, IT DIDN'T LOOK LIKE IT HAD GOTTEN ANY WORSE SINCE YOUR INSPECTION.
NO, NO WORSE THAN MY LAST INSPECTION, BUT NO CHANGES FROM FROM MY LAST INSPECTION, EITHER IN GENERAL. AND BASED UPON MY TESTIMONY, WE'D ASKED THAT ARE THAT ARE EVIDENCE THAT THE VILLAGE'S EXHIBITS BE RECEIVED INTO EVIDENCE AND BASED UPON MY TESTIMONY AND EVIDENCE, I
[02:30:04]
REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY WITHIN 30 DAYS OF THIS HEARING AND IF NOT IN COMPLIANCE BY THEN, THAT THEY BE REQUIRED TO PAY A FINE AND THE AMOUNT OF $100 DOLLARS PER VIOLATION FOR EVERY DAY THAT THE VIOLATION CONTINUES AND THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS AND THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS WHILE CONDUCTING THIS INVESTIGATION, AND WE REQUEST THAT THAT ALSO BE RECORDED IN THE ORDER AND REIMBURSED AT THE CONCLUSION OF TODAY'S HEARING.AND THIS WILL CONCLUDE MY TESTIMONY.
ALL RIGHT. I'M GOING TO ACCEPT YOUR EVIDENCE INTO YOUR EXHIBITS, INTO EVIDENCE, BUT ALSO NOTE THAT THERE WERE NO PHOTOGRAPHS OF THE THE CHICKEN OF THE COOP STRUCTURES AND THAT THE REASON FOR THIS IS BECAUSE THERE WERE ISSUES AND DIFFICULTIES IN ACCESSING THE PROPERTY DUE TO STRAY OR WILD DOGS.
I'M GOING TO TAKE THE RECOMMENDATION AND THE ORDER FROM THE FROM THE VILLAGE RECOMMENDATION THAT THE THE OWNERS THAT MR THOMSON OR TOM DIEGO AND VELASQUEZ SAY IT'S TONGREN BE ORDERED TO COMPLY WITHIN 30 DAYS OF THE DATE OF TODAY, THIS ORDER.
AND IF THERE'S NO COMPLIANCE, THEN THE RECOMMENDATION THAT $100 PER VIOLATION PER ONE HUNDRED DOLLARS PER VIOLATION PER DAY FINE BE ISSUED AND THAT THE ADMINISTRATIVE COSTS OF ONE HUNDRED AND FIFTY DOLLARS BE INCLUDED WITHIN THE ORDER.
OK, SO ROLLING INTO TAB SEVEN HERE FOR TWENTY TWO ZERO ZERO SEVEN.
MY NAME IS ROBERT PEREZ AND I'M A CODE COMPLIANCE INSPECTOR FOR THE VILLAGE OF INDIAN TOWN. THIS CASE WAS INITIATED PROACTIVELY UPON MY DISCOVERY ON JANUARY 3RD OF TWENTY TWENTY TWO. THE RESPONDENT HAS BEEN IDENTIFIED AS THOMAS THOMAS, WHO IS NOT CURRENTLY PRESENT AT TODAY'S HEARING.
THE CASE CONCERNS THE PROPERTY, LOCATED AT ONE FIVE ONE ZERO THREE SOUTHWEST LAHORE STREET IN THE IN-TOWN FLORIDA AND THE OFFICIAL RECORDS OF THE MA COUNTY PROPERTY APPRAISER REFLECTING THE OWNERSHIP HAS BEEN MARKED BEFORE YOU AS EXHIBIT ONE.
REAL QUICK. WE HAD ANOTHER ONE 06 BEFORE 07.
YES, ALL SIX, AS I REFERENCED WHEN WE STARTED.
OK, SIR. I WAS I WAS STILL LOOKING.
GOT THE WRONG ONE. IT WAS ON THE NEXT PAGE.
SORRY ABOUT THAT. SO ON JANUARY 3RD OF TWENTY TWENTY TWO, I INSPECTED THE PROPERTY, AND AT THAT TIME I OBSERVED THE FOLLOWING VIOLATIONS.
WE'VE ALSO RECORDED THIS ONE ON THERE A NUISANCE ABATEMENT FOR WITH VIOLATIONS UNDER SIX SEVEN POINT TWO ZERO ONE FOUR NUISANCE NUISANCE ABATEMENT DECLARED.
THEN WE HAVE VIOLATIONS ON THEIR NINE ONE POINT THREE TO FOUR ABANDONED SALVAGE OR JUNK PROPERTY PROHIBITED GENERALLY AND VIOLATIONS UNDER NINE ONE POINT THIRTY THREE FOR ABANDONED SALVAGE OR JUNKED PROPERTY PROHIBITED ON PUBLIC WASTE.
SO THIS ONE IS SIMILAR TO ONE OF THE LAST CASES WE HAD.
WHEN AT THAT TIME I PHOTOGRAPHED THE PROPERTY AND THE PHOTOGRAPHS THAT I'LL BE PRESENTING ACCURATELY SHOW WHAT I SAW AT THE TIME OF MY INITIAL INSPECTION.
AND THEY'VE BEEN MARKED BEFORE YOU AS EXHIBIT TWO.
SO WE'LL START IN EXHIBIT ONE, WAS YOUR WAS THE PROPERTY APPRAISER? YES, SIR. OK.
YES. I'LL MAKE SURE. AND ON EXHIBIT TWO HERE, WE'LL IDENTIFY THIS AS TO A AS A DEPICTION FROM THE MARTIN COUNTY PROPERTY APPRAISERS SITE SHOWING THE PROPERTY IN RELATION TO THE PUBLIC ROADWAY AND THE PROPERTY ITSELF LIES ALONG THE NORTH SIDE OF THE PROPERTY FACING SOUTH. OK, SO NORTH SIDE OF NORTH, SIDE OF THE ROADWAY, RATHER FACING SOUTH, AND AS WE GO INTO 2B, YOU'LL SEE HERE A DEPICTION OF A VEHICLE THAT'S ALONG THE PUBLIC EASEMENT.
IT'S IDENTIFIED AS A TOYOTA SEDAN, YOU CAN SEE ON THE TOP PHOTO THAT THE GRASS IS
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SIGNIFICANTLY GROWN, THAT REAR PASSENGER SIDE TIRE IS FLAT.YOU CAN SEE THAT THE RIM IS ALMOST EVEN WITH THE GROUND THERE ON THIS DEPICTION.
AND ROLLING INTO THE SECOND DEPICTION ON HERE, YOU'LL SEE THE REAR END OF THE PROPERTY.
OR RATHER THE VEHICLE APPEARS TO HAVE BEEN DAMAGED AND THE TAG.
IT DOES HAVE A TAG, BUT THE REGISTRATION WAS NOT VALID ON THIS VEHICLE, YOU KNOW, DEEMING IT INOPERABLE OR FOR TO BE OPERATED WITHIN THE ROADWAY.
AND THAT. ROBERT WASSER, WHATEVER YOU CHECK, THE TAGS ARE THE DO YOU ALSO CHECK THE OWNERSHIP INFORMATION FOR THE VEHICLES TO ENSURE THAT THE PEOPLE WHO ARE AT THE RESIDENCE OWN THE VEHICLE? NO, NO, I DON'T.
SO FOR THESE VIOLATIONS, WE BASICALLY REQUIRE THAT THE OWNER DEAL WITH ADDRESS THE ISSUE.
GIVE SOME INSIGHT ON OUR CODE PROCESSES, WE ARE WORKING ON FUNCTIONS THAT WOULD ALLOW US TO PUNITIVELY PUNITIVELY ADDRESS THIS WITH THE ACTUAL OWNER OF THE VEHICLE, RATHER THAN THE PROP OR RATHER THAN JUST THE PROPERTY OWNER TO MAYBE EXPEDITE COMPLIANCE.
BECAUSE, YOU KNOW, IT WASN'T MADE CLEAR WHETHER THE OWNER OF THE VEHICLE WAS ALSO THE SAME OWNER OF THE PROPERTY.
YES. YEAH. AND IF IT'S NOT, THEN YOU NEED TO GET THEM BOTH.
AND I AGREE MANY INSTANCES IT ISN'T SO.
SO THAT WOULD THESE DEPICTIONS ARE BASICALLY COMPLETE MY OBSERVATIONS ON THE DATA IN QUESTION AND BASED UPON MY INVESTIGATION, I ISSUED THE NOTICE OF VIOLATION NOTICE, A HEARING ON JANUARY 3RD OF TWENTY TWENTY TWO AND THE NOTICE WAS SERVED VIA CERTIFIED REGULAR MAIL AND POSTING BASED ON MY AFFIDAVIT OF SERVICE.
WE DID NOT RECEIVE A RETURN RECEIPT ON THIS, BUT THE PROPERTY WAS POSTED ON JANUARY SIX OF TWENTY TWENTY TWO, AT LEAST TEN DAYS PRIOR TO THE HEARING.
WE'VE RETURNED TO THE PROPERTY ON SEVERAL OCCASIONS PRIOR TO TODAY'S HEARING, AND WE HAVEN'T SEEN ANY COMPLIANCE, THE VEHICLE STILL REMAINS IN THE SAME STATE AND IN THE SAME LOCATION THAT IT WAS ORIGINALLY OBSERVED IN, AND WE HAVEN'T RECEIVED ANY CONTACT FROM THE RESPONDENT OR PROPERTY OWNER ON THIS VIOLATION.
AND JUST TO COINCIDE WITH THE EXHIBITS, WE HAD EXHIBIT TWO A TO B FOR OUR PHOTOGRAPHS, OUR NOTICE OF VIOLATION NOTICE OF HEARING HAS BEEN MARKED BEFORE YOU AS EXHIBIT THREE.
AND THAT'LL BE FOLLOWED BY OUR AFFIDAVIT OF SERVICE THAT IS MARKED BEFORE YOU AS EXHIBIT FOUR, EXHIBIT THREE AGAIN, I'M SORRY THE NOTICE OF HEARING NOTICE OF VIOLATION.
UH, JUST REAL QUICK ON THESE NOTICES.
YES. ARE YOU SENDING THEM OUT IN SPANISH AND CREOLE? NO, NO, WE ARE NOT.
WE ARE NOT. IS THERE ANY LANGUAGE ON THE NOTICES THAT WOULD INFORM SOMEONE WHO'S A NATIVE SPANISH OR POSSIBLY CREOLE SPEAKER THAT THEY NEED TO CONTACT SOMEONE? THERE IS NOT.
NO. ALL RIGHT, SO EXHIBIT THREE WAS THE NOTICE OF VIOLATION EXHIBIT FOUR, EXHIBIT FOUR, WE COULD MARK EXHIBIT FOUR, THE POSTING OF THE PHOTOS OF THE POSTING OR JUST POSING ITSELF, POSING IN PHOTOS. SO YOU'RE DOING THAT, AS ONE CAN POSIT, IT'S THE SAME AND IT'S THE SAME AS THE OTHERS. YES. OK, YES.
AND THEN THAT'LL BE FOLLOWED BY EXHIBIT FIVE OR AFFIDAVIT OF SERVICE.
AND AT THIS TIME, WE REQUEST THAT ALL OUR EXHIBITS BE RECEIVED INTO EVIDENCE.
BASED UPON MY TESTIMONY AND EVIDENCE, I REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY WITH THE CITED PROVISIONS OF THE VILLAGE CODE WITHIN 30 DAYS OF TODAY'S HEARING AND IF NOT IN COMPLIANCE BY THEN, BE REQUIRED TO PAY A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS PER VIOLATION PER FOR EVERY DAY.
THE VIOLATION CONTINUES THEREAFTER, AND THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS IN THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS WHILE CONDUCTING THIS
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INVESTIGATION, AND WE REQUEST THAT THAT BE RECORDED IN THE ORDER AND REIMBURSED AT THE CONCLUSION OF THE HEARING, AND THAT WILL CONCLUDE MY TESTIMONY.ALL RIGHT, I'M GOING TO RECEIVE EXHIBITS ONE THROUGH FIVE IN CASE NUMBER TWENTY TWO, OH SEVEN INTO EVIDENCE.
AND I'M GOING TO FOLLOW THE RECOMMENDATION OF THE VILLAGE WITH REGARD TO THE NOTICE OF VIOLATION THAT THE ORDER BE ORDERED TO COMPLY WITHIN 30 DAYS OF THE HEARING.
OK. I MEAN, IF THERE'S NO COMPLIANCE WITHIN 30 DAYS OF THE HEARING, THEN A HUNDRED DOLLARS PER VIOLATION PER DAY BE ISSUED BECAUSE THIS ALSO INVOLVES A CAR THAT'S BEEN LEFT IN THE PUBLIC SQUARE. I'M ALSO GOING TO INCLUDE THAT THE COST OF.
THAT THE VILLAGE BE AUTHORIZED TO REMOVE THE NUISANCE OR VIOLATION.
AND THAT THE COST OF THE THAT REMOVAL MAY ALSO BE INCLUDED WITHIN THE ORDER.
JUST FOR CURIOSITY'S SAKE, HAS A VILLAGE REMOVED ANY OF HAS A VILLAGE PERFORMED ANY REMOVALS OF NUISANCE NUISANCE AUTOS IN THE SWALE? NO, WE HAVE NOT. OK, I'M JUST TRYING TO GET AN IDEA OF WHAT THAT COST MIGHT BE.
WE'VE CONSULTED WITH A POTENTIAL ENTITY THAT COULD ASSIST US IN THIS, BUT WE HAVEN'T.
YOU KNOW, COULD YOU PULL THE TRIGGER ON THAT, BUT YEAH, OK.
I JUST I'M JUST TRYING TO GET AN IDEA AGAIN.
IT IT HELPS WHEN CRAFTING THE ORDER AND SEEING HOW MUCH THE COST, WHAT, WHAT THAT COST IS BECAUSE THEN YOUR ADMINISTRATIVE COSTS GOES UP.
CASE NUMBER TWENTY TWO, DASH OH, EIGHT, ALBERT WALKER AND LAVERNE WALKER.
YES. SO AGAIN, MY NAME IS ROBERT PEREZ.
I'VE BEEN SWORN IN, I'M A CODE COMPLIANCE INSPECTOR WITH THE VILLAGE OF INDIANTOWN.
THE CASE WAS INITIATED PROACTIVELY UPON MY DISCOVERY ON JANUARY 3RD.
THE RESPONDENT IDENTIFIED AS AABOT OR RATHER ALBERT AND LAVERNE WALKER, ARE NOT PRESENT, AND THE CASE CONCERNS THE PROPERTY LOCATED AT ONE FOUR SEVEN SEVEN SEVEN SOUTHWEST, ONE HUNDRED AND SEVENTY THIRD AVENUE IN THE SOUTH FLORIDA, THE MARTIN COUNTY PROPERTY APPRAISER RECORD REFLECTING THIS OWNERSHIP HAS BEEN MARKED BEFORE YOU AS EXHIBIT ONE.
JANUARY 3RD OF TWENTY TWENTY TWO, I INSPECTED THE PROPERTY AT THAT TIME, I OBSERVED THE FOLLOWING VIOLATIONS.
THIS PROPERTY WAS RECORDED UNDER A NUISANCE ABATEMENT, AND WE HAVE VIOLATIONS ON THEIR SIX SEVEN POINT TWO ZERO ONE FOUR HOUR NUISANCE ABATEMENT DECLARED AND SIX SEVEN ZERO EIGHT TWO ZERO ONE A FOUR WEEDS AND UNDERGROWTH AND SIX SEVEN POINT TWO ZERO ONE B FOR TRASH. AND AT THE TIME OF MY INSPECTION, I OBTAINED PHOTOGRAPHS AND THE PHOTOGRAPHS, THE ACCURATELY DEPICT OCEAN.
SO THE THESE PHOTOGRAPHS HAVE BEEN MARKED BEFORE YOU AS EXHIBIT TWO.
AND ON THIS FIRST PHOTO HERE, EXHIBIT TWO A, WE HAVE A DEPICTION FROM THE PROPERTY APPRAISER RECORD SHOWING THE PROPERTY IN RELATION TO THE ROADWAY.
SO THE ROAD OR RATHER THE PROPERTY IS ALONG THE EAST SIDE OF ONE HUNDRED AND SEVENTY THIRD AVENUE FACING WEST.
MM HMM. AND GOING INTO PROPERTY, YOU HAVE A STRUCTURE ON IT.
NO, IT'S A VACANT OR VACANT LOT.
YES. AND THIS PROPERTY HERE IT NOW, IT WAS PREVIOUSLY DEVELOPED AT SOME POINT AND WHICH WOULD REQUIRE IT TO BE MAINTAINED IN A COMPLIANT FASHION, WHICH WOULD MEAN THAT THEY WOULD NEED TO REGULARLY CONDUCT LANDSCAPING.
NOW ON TO BE HERE, YOU'LL SEE THE TOP DEPICTS THE OVERGROWTH OF WEEDS THAT ARE EVEN PREVENTING VIEW OR ACCESS OF THE ACTUAL VACANT LOT, AND THE BOTTOM DEPICTS THE CHAIN-LINK FENCE THERE.
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THERE'S A JUST ALONG JUST PASS THE EASEMENT HERE WHERE YOU SEE THESE BUSHES.THIS HERE IS A CHAIN-LINK FENCE THAT IS SOMEWHAT.
AND THERE'S A BUNCH OF VINES THAT HAVE GROWN ALONG THE CHAIN-LINK FENCE, SO IT'S REALLY HARD TO MAKE OUT. BUT IT IS SIGNIFICANTLY OVERGROWN AS YOU PART OF THAT.
THAT'S OVERGROWN IS PART OF THAT.
YES, RESPONSIBLE FOR MAINTAINING THAT SOIL AS WELL.
THEY ARE. YEAH, THEY ARE ANY ANY PROPERTY THAT BOARDS UP AGAINST ANY SORT OF PUBLIC EASEMENT WOULD BE THEIR RESPONSIBILITY TO MAINTAIN.
OK. AND THE MAIN ISSUE HERE IS WE'VE RECEIVED SEVERAL INQUIRIES FROM THE NEIGHBORING RESIDENTS BECAUSE THEY'VE HAVE WE'VE HAD MULTIPLE REPORTS OF MULTIPLE FORMS OF NUISANCE WILDLIFE COMING IN AND OUT OF THIS PROPERTY AND PRESENTING A POTENTIAL HAZARD TO OTHER MEMBERS OF THE PUBLIC.
SO WE DEFINITELY WOULD NEED THE RESIDENT TO ADDRESS THIS BY SIMPLY CUTTING THE GRASS ON NOT ONLY FOR TO COMPLY THE CASE, BUT ON A REGULAR BASIS TO PREVENT THIS FROM CONTINUING.
BASED ON UPON MY INVESTIGATION, I ISSUED A NOTICE OF VIOLATION NOTICE, A HEARING TO THE RESPONDENT ON JANUARY 3RD OF.
AND THE NOTICE OF VIOLATION NOTICE OF HEARING WAS ISSUED VIA CERTIFIED MAIL OR RATHER JUST A BACKTRACK REAL QUICK.
THE NOTICE OF VIOLATION NOTICE A HEARING HAS BEEN MARKED AS EXHIBIT THREE IN THIS PRESENTATION AND THE NOTICE WAS ISSUED VIA CERTIFIED MAIL, REGULAR MAIL AND POSTING ON EXHIBIT FOUR.
HERE WE HAVE A DEPICTION OF THE POSTING ON THE PROPERTY.
ON JANUARY SIX OF TWENTY TWENTY TWO IT WAS POSTED THERE.
YOU'LL SEE A LITTLE METER BOX THERE JUST BEYOND THE CHAIN LINK FENCE.
THE ONLY PLACE THAT WAS THE ONLY PLACE YOU COULD POST IT WAS THERE ANY PLACE ALONG THE FENCE OR ANYTHING? THERE WASN'T AND I DIDN'T.
I DIDN'T FEEL COMFORTABLE WALKING IN THE OVERGROWN GRASS, JUST SEEING AS I DIDN'T KNOW WHAT WAS IN THERE AND IT WAS REALLY HARD TO MANEUVER.
BUT THIS HERE WAS A THE EASIEST PORTION THAT I COULD FIND TO TO POST THAT IS ON THEIR PROPERTY. IT IS, YES, FENCE THAT FENCE THAT'S THERE.
DOES THAT FENCE SEPARATE THEIR PROPERTY AND THEIR NEIGHBORS PROPERTY? SO THIS FENCE HERE? YES. YES. SO THAT THAT FENCE BELONGS TO THIS NEIGHBORING PROPERTY.
AND IF YOU'LL SEE HERE, YOU'LL SEE PORTIONS OF THE CHAIN LINK FENCE.
YEAH, THAT'S WHAT I'M LOOKING AT.
I'M JUST MAKING SURE IT'S ON THE RIGHT SIDE OF IT OR THE FENCE IS IN THE RIGHT LOCATION.
YEAH, SO THIS LITTLE METER HERE IS ON THEIR SIDE OF OF THEIR PROPERTY.
THIS FENCE HERE WOULD DISTINGUISH THE, I GUESS, THE PROPERTY LINE BETWEEN EITHER RESIDENTS. REALLY? AND DO YOU KNOW WHETHER OR NOT MR. AND MRS. WALKER OR MR. WALKER AND MISS WALKER, DO YOU KNOW WHETHER OR NOT THEIR RESIDENTS HERE IN INDIAN TOWN? I, ACCORDING TO THE TAX ROLL, WE HAVE A MAILING ADDRESS FOR ONE SIX 00 SOUTHEAST PALM BEACH ROAD IN STUART, FLORIDA.
OK, SO WE'RE GATHERING THAT THAT IS THE PRIMARY RESIDENCE OF THE PROPERTY OWNERS, WHICH IS WHERE THE CERTIFIED MAILING AND REGULAR MAIL WAS SENT AND TO KIND OF TIE BACK INTO THE AFFIDAVIT OF SERVICE.
WE DID RECEIVE A RETURN RECEIPT ON THIS.
SO WE DO HAVE KNOWLEDGE THAT THEY'VE RECEIVED THE NOTICES WITH REGARDS TO THIS CASE AND THIS HEARING. AND THE PROPERTY AGAIN WAS POSTED ON JANUARY 6TH OF OF TWENTY TWENTY TWO.
AND WE HAVEN'T RECEIVED ANY CALL BACK.
WE'VE BEEN DOING PERIODIC INSPECTIONS ON THE PROPERTY COMING UP TO THIS HEARING, AND WE HAVEN'T SEEN ANY CHANGE ON THE CONDITIONS OF THE PROPERTY.
SO AT THIS POINT, WE'D REQUEST THAT THE VILLAGE'S EXHIBITS BE RECEIVED INTO EVIDENCE.
WE'D ASK THAT BASED UPON MY TESTIMONY AND EVIDENCE, I REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY WITH THE CITED PROVISIONS OF THE VILLAGE CODE WITHIN 30 DAYS OF THE HEARING AND IF NOT IN COMPLIANCE BY THEN, WE'D REQUIRE A FINE TO BE PAID IN THE AMOUNT OF $100 PER VIOLATION FOR EVERY DAY THAT THE VIOLATION CONTINUES THEREAFTER, AND THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS IN THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS WHILE CONDUCTING THIS INVESTIGATION.
AND WE WOULD REQUEST THAT THAT BE RECORDED IN THE ORDER AND REIMBURSED AT THE CONCLUSION
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OF THE HEARING AND SEEING AS IT WAS CITED UNDER NUISANCE ABATEMENT.WE'D ASK THAT IF THE RESPONDENT DOES NOT COMPLY WITHIN THE TIME ALLOTTED THAT THE VILLAGE BE GRANTED THE AUTHORITY TO ABATE THE NUISANCE AND HAVE THE FINES AND COSTS BE RECORDED IN ANY ORDERS OR LEANS HERE, ANY THEREAFTER.
AND AT THIS TIME, THAT WILL CONCLUDE MY TESTIMONY.
OKAY. JUST TO BE CLEAR, WHAT WAS THE EXHIBIT ONE FOR THIS ONE? EXHIBIT ONE WAS THE PROPERTY APPRAISER.
YES. TWO OF THE PHOTOS OF THE SUBJECT THREE WAS NOTICE OF VIOLATION.
YES, AND FOUR WAS YOUR AFFIDAVIT.
YES. RIGHT, AND THE AFFIDAVIT OF SERVICE THAT ALSO INCLUDED THE POSTING.
ALL RIGHT, HAS THE VILLAGE BEFORE.
UNDERTAKING THE ROLE OF LANDSCAPER AND MOWED DOWN MANY PROPERTIES.
SO AS OF THEN, THE QUESTION I WAS ASKING HAS THE VILLAGE COSTED OUT HOW, YOU KNOW, THE VILLAGE HAVE AN IDEA OF HOW MUCH IT MIGHT COST? SAY A LOT THAT SIZE TO TO CLEAR AND GROW IT OR WHAT? WE, WE DON'T. WE DON'T KNOW FOR THAT SIZE.
WE WE I KNOW THAT IN THE PAST, WE'RE CONSULTING WITH DIFFERENT VENDORS.
IT IS DEPENDENT ON THE SIZE OF THE LOT AND WHAT KIND OF VEGETATION IS ON THE LOT.
SO THOSE ARE ALL BE FACTORS WILL TAKE IT TO A PLACE.
OK, SO. AND THE REASON I'M ASKING THESE QUESTIONS ABOUT WHEN THE VILLAGE UNDERTAKES SOMETHING, IF IN ORDER TO BE, YOU KNOW, WE'RE GIVING A FINE OF ONE HUNDRED A DAY, WE'RE GIVING A NOTICE THAT SOMETHING MUST BE COMPLIED, WHICH HAS A CERTAIN COST.
WE'RE GOING TO IMPOSE A COST OR IF THE VILLAGE IS GOING TO UNDERTAKE SOMETHING THAT'S GOING TO BE HAVE A COST, I'D LIKE TO LET THE VIOLATOR KNOW WHAT THAT COST IS GOING TO BE.
YES. SO THAT IT'S NOT EITHER A SURPRISE, AND IT DOESN'T ALLOW THEM TO ARGUE THAT IT WAS SOMEHOW UNFAIR TO HAVE THAT COST IMPOSED UPON THEM BECAUSE OF TOO HIGH OR HAVING PROMISED. OK, SO SO AS LONG AS IT'S CLEAR AND IT'S UNDERSTOOD, IT'S LIKE, HEY, IT'S GOING TO COST YOU X AMOUNT IF WE DO IT.
AND THAT WAY, THAT WAY, THERE'S NO SURPRISE.
I'M GOING TO ADOPT THE VILLAGE'S RECOMMENDATION FOR THE ORDER IN THIS CASE.
THIS MR. MR. WALKER AND MISS WALKER FOR CASE NUMBER TWENTY TWO OH EIGHT.
THE PROPERTY OWNER HAS 30 DAYS WITHIN THE DATE OF THIS HEARING TO COMPLY WITH THIS NOTICE OF VIOLATION. IF THE OWNER HAS NOT COMPLIED WITHIN 30 DAYS OF THE DATE OF THIS HEARING, THEN FINDS HER TO BE ISSUED AT 100 DOLLARS PER VIOLATION PER DAY WITH AN ADMINISTRATIVE COST OF ONE HUNDRED AND FIFTY DOLLARS, AND THAT IN THE EVENT THE RESPONDENT DOES NOT COMPLY, THE VILLAGE HAS THE AUTHORITY TO ABATE THE NUISANCE AND TAKE STEPS TO AMELIORATE THE PROPERTY CONDITION AND HAVE THE COST OF THAT EFFORT INCLUDED WITH ANY IN ANY ORDER OF VIOLATION OR ORDER OF LIENS THAT THE VILLAGE MAY HAVE.
OK. AND THEN WE'RE GOING TO THINK TO TWO, OH OH, NINE.
OK. TWENTY TWO DUTCH OH, NINE, MY NAME IS ROBERT PEREZ.
I'VE BEEN SWORN IN AND I'M A COAL COMPLIANCE INSPECTOR FOR THE VILLAGE OF INDIAN TOWN.
THIS CASE WAS INITIATED PROACTIVELY UPON MY DISCOVERY ON JANUARY 3RD OF TWENTY TWENTY TWO, AND THE RESPONDENT HAS BEEN IDENTIFIED AS IRELAND PHILLIPE AND ODETTE FELIPE.
AND WE DO NOT HAVE ANYONE PRESENT THE CASE CONCERNS THE PROPERTY, LOCATED AT ONE FOUR SEVEN ONE EIGHT SOUTHWEST, ONE HUNDRED AND SEVENTY THIRD AVENUE IN THE IN-TOWN FLORIDA, ACCORDING TO OR RATHER THE OFFICIAL RECORDS OF MARTIN COUNTY PROPERTY APPRAISERS REFLECTING THIS OWNERSHIP HAS BEEN MARKED BEFORE YOU AS EXHIBIT ONE.
AND ON JANUARY 3RD OF TWENTY TWENTY TWO, I INSPECTED THE PROPERTY, AND AT THAT TIME I OBSERVED THE FOLLOWING VIOLATIONS.
WE HAVE VIOLATIONS UNDER SIX SEVEN ZERO EIGHT TWO ZERO ONE FOUR NUISANCE, A NUISANCE ABATEMENT DECLARED AND SIX SEVEN ZERO POINT TWO ZERO ONE A FOR WEEDS AND UNDERGROWTH AND SIX SEVEN POINT TWO ZERO ONE B FOR TRASH.
AT THAT TIME, I PHOTOGRAPHED THE PROPERTY, THE PHOTOGRAPHS ACCURATELY SHOW WHAT I SAW AND
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OUR MARK BEFORE YOU AS EXHIBIT TWO.UM, STARTING WITH OUR FIRST PHOTO HERE OF TWO A, WE HAVE A DEPICTION FROM PROPERTY APPRAISER RECORD SHOWING THE PROPERTY IN RELATION TO THE ROADWAY, AND THE PROPERTY IS ALONG THE WEST SIDE OF ONE HUNDRED AND SEVENTY THIRD AVENUE FACING EAST.
AND GOING INTO OUR TO BE EXHIBIT, WE HAVE A DEPICTION OF THE PROPERTY FROM ONE HUNDRED AND SEVENTY THIRD AVENUE FACING THE RESIDENTS FACING THE LOT RATHER, AS YOU COULD SEE, YOU HAVE A LARGE AMOUNT OF WEEDS AND UNDERGROWTH THAT ARE SIGNIFICANTLY OVERGROWN AND ARE NOT BEING MAINTAINED ON A REGULAR BASIS BY THE PROPERTY OWNER.
AND AGAIN, THIS IS ANOTHER PROPERTY THAT WE'VE RECEIVED SEVERAL INQUIRIES ON SEEING AS LARGE AMOUNT OF NUISANCE WILDLIFE FREQUENTS THE PROPERTY AND IN TURN, YOU KNOW, ENDS UP ON THE PROPERTY OF THE NEIGHBORING RESIDENTS AND PRESENTS A HAZARD TO THE PUBLIC.
ALL RIGHT, DO YOU HAVE ANY PHOTOS? YOU SAID THAT THERE WAS.
YEAH. SO WHAT, WE DON'T HAVE ANY PHOTOS ON THAT.
WHAT I WANT WHEN I REFERENCE TRASH, WHAT WHAT TENDS TO HAPPEN WITH THESE PROPERTIES HERE IS A LOT OF BOTTLES AND JUST MISCELLANEOUS MATERIAL ACCUMULATE.
SO I DON'T HAVE ANY ZOOMED IN PHOTOS DEPICTING THE TRASH.
BUT IT IS MY TESTIMONY THAT THERE WERE BOTTLES AND JUST MISCELLANEOUS DEBRIS THAT'S BEEN BLOWN FROM THE ROAD OR DISCARDED BY INDIVIDUALS THAT, YOU KNOW, WALK PAST OR DRIVE BY THE PROPERTY ON THE LOT ITSELF.
SO IT'S MOSTLY SO IN BOTH THIS AND THE ONE BEFORE, IT'S MOSTLY KIND OF THE PAPER TRASH OR BOTTLES. EXACTLY.
WASN'T IT? WASN'T SOMEBODY DUMPING, YOU KNOW, DUMPING WASHING MACHINES? NO, NO, NO.
AUTOMOBILES AND PARTS AND BATTERIES AND TIRES AND THINGS LIKE.
JUST JUST SMALL PIECES OF DEBRIS THAT ARE ACCUMULATING ON THE PROPERTY.
YEAH. SO JUST WANT TO BE, YOU KNOW, AND THEN IT DOES IT AND TO BE CLEARED.
IS IT YOUR BELIEF THAT THE OWNERS PLACE THE TRASH THERE OR THAT IT'S JUST ACCUMULATING THERE AND THEY'RE RESPONSIBLE TO CLEAN IT? YEAH, IT'S IT'S MY IT'S OUR VIEW THAT THE TRASH IS ACCUMULATING THERE AND DUE TO LACK OF MAINTENANCE, IT'S, YOU KNOW, IT IS THEIR RESPONSIBILITY TO MAINTAIN IT AND PICK IT UP.
AND THEN DID YOU HAVE SOME MORE EXHIBITS? NO, THAT'LL THAT'LL COMPLETE OUR EXHIBITS.
YOU DIDN'T HAVE ANY EXHIBITS WITH REGARD TO THE NOTICE OF VIOLATIONS.
YES. YEAH, I THOUGHT YOU WERE REFERENCING THE PHOTOS.
I KNOW THE PHOTO I KNEW YOU HAD IN THE PHOTOS.
BUT YEAH. SO REGARDING BASED UPON MY INVESTIGATION, I ISSUED A NOTICE, A VIOLATION NOTICE, A HEARING ON JANUARY 3RD OF TWENTY TWENTY TWO, WHICH HAS BEEN MARKED BEFORE YOU AS EXHIBIT THREE.
THE NOTICE WAS SENT VIA CERTIFIED MAIL, REGULAR MAIL AND POSTED ON THE PROPERTY ON.
JANUARY SIX OF TWENTY TWENTY TWO.
AT LEAST 10 DAYS PRIOR TO THE HEARING, AND WE HAVE NOT RECEIVED A RETURN RECEIPT.
OF THE POSTING HERE THAT IT WOULD BE MARK, BEFORE YOU AS EXHIBIT FOUR.
OK. AND IS THAT VISIBLE FROM THE STREET? IT IS. YES.
SO THIS IS A POST THAT IT ENCLOSES A FIRE HYDRANT THAT'S JUST OUTSIDE OF THE PROPERTY THERE ALONG THE PUBLIC EASEMENT.
RIGHT. AND AGAIN, SIMILAR TO THE LAST PROPERTY, IT WAS VERY DIFFICULT FOR US TO GO ON THE PROPERTY, THERE REALLY WEREN'T ANY FIXTURES OR FENCES ON THE PROPERTY FOR US TO POST ON.
SO WE JUST TRIED TO FIND THE NEAREST POST THAT WE COULD USE.
OK. AND YOU HAVEN'T HAD CONTACT WITH THE OWNERS OR ANYBODY.
HAVE YOU HAD CONTACT WITH ANY OF THE NEIGHBORS FOR THE OWNERS? I MEAN, APART FROM YES, YOU MAY HAVE GIVEN THE COMPLAINT, BUT YES.
WELL, APART FROM WHO HAVE GIVEN THE COMPLAINT, NO.
WE JUST RECEIVED NOTHING BUT COMPLAINTS FROM TWO SEPARATE NEIGHBORS WITH REGARDS TO THE CONDITION OF THE PROPERTY, AND WE HAVEN'T RECEIVED ANY CALL OR ANY CONTACT FROM THE
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PROPERTY OWNER. OK, SO SO FOR INSTANCE, YOU DIDN'T YOU DIDN'T CONTACT THE NEIGHBORS SAID, HEY, CALL THIS PERSON AND TELL THEM TO COME OVER AND TAKE CARE OF THIS.SO AND THE THING IS, IS THAT THE RESIDENTS ARE SIMILAR TO YOUR LAST ON THE LAST CASE RESIDES IN NORTH LAUDERDALE.
IF WE LOOK AT THE TAX ROW HERE, WE DO HAVE A MAILING ADDRESS FOR THE PHILIPE PROPERTY OWNERS AT EIGHT TWO ZERO ZERO SOUTHWEST 4TH STREET, NORTH LAUDERDALE, FLORIDA, THREE THREE ZERO SIX EIGHT AND BROWARD COUNTY.
SO WE DON'T HAVE ANY, YOU KNOW, IF IT WAS AN ADDRESS IN INDIAN TOWN OR WE DON'T HAVE ANY NEIGHBORS THAT WELL, YOU DIDN'T HAVE A WAY TO TRY TO CONTACT THE OWNERS DIRECTLY.
YOU'VE ONLY HAD A CHANCE TO TRY TO CONTACT THEM THROUGH CORRESPONDENCE AND POSTING, AND YOU HAVEN'T RECEIVED ANY INFORMATION BACK.
ALL RIGHT. SO ARE THERE ANY MORE EXHIBITS? NO. THAT WILL COMPLETE THE EXHIBITS OR WAS THERE AN AFFIDAVIT OF SERVICE IN THIS ONE? YES. YEAH, THAT THAT WOULD COINCIDE WITH THE POSTING.
AND AS I STATED, THERE WAS NO RETURN RECEIPT.
WE DIDN'T GET RETURN RECEIPT ON THAT.
THERE'S TWO SEPARATE EXHIBITS.
THE PHOTO OF THE POSTING IS EXHIBIT FOUR IN YOUR AFFIDAVIT OF SERVICES POST AS EXHIBIT FIVE. UNDERSTOOD.
OKAY. AND THAT WAY, THERE'S NO QUESTION THERE'S NO CONFUSION WITH REGARD TO WHETHER OR NOT THERE WAS AN AFFIDAVIT OF SERVICE GRANTED OR FILED IN THIS ONE.
SHOULD. AND AT THIS POINT, WE REQUEST THAT ALL THE VILLAGES EXHIBITS BE RECEIVED INTO EVIDENCE AND BASED UPON MY TESTIMONY AND EVIDENCE, I REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY WITH THE CITED PROVISIONS OF THE VILLAGE CODE WITHIN 30 DAYS OF THE HEARING AND IF NOT IN COMPLIANCE BY THEN, WE'D DOES THAT A FINE IN THE AMOUNT OF $100 PER VIOLATION FOR EVERY DAY.
THE VIOLATION CONTINUES THEREAFTER BE RECORDED.
AND WE'D ALSO ASK THAT IF COMPLIANCE IS NOT OBTAINED WITHIN 30 DAYS OF TODAY'S HEARING THAT THE VILLAGE BE PROVIDED, THE AUTHORITY TO ABATE THE NUISANCE AND RECORD ANY FINES WITH ANY LIENS OR ORDERS THEREAFTER.
AND THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS IN THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS CONDUCTING THIS INVESTIGATION, AND I REQUEST THAT THE VILLAGE BE REIMBURSED THIS AMOUNT AT THE CONCLUSION OF TODAY'S HEARING AND THAT IT BE RECORDED IN THE ORDER. AND THIS CONCLUDES MY TESTIMONY.
ALL RIGHT, THANK YOU, MR. PEREZ, AT THIS TIME.
THE MAGISTRATE IS GOING TO ADOPT THE RECOMMENDATION OF THE VILLAGE AND IN CASE NUMBER TWENTY TWO OH OH NINE OR LANDA PHILLIPS AND ODETTE PHILLIPE OR YOLANDA FELIPE AND FELIPE.
I APOLOGIZE ABOUT THE NAME THAT BOTH ARE ORDERED TO COMPLY WITH THE NOTICE OF VIOLATION WITHIN 30 DAYS OF TODAY'S HEARING.
AND IF THEY'RE NOT IN COMPLIANCE WITHIN 30 DAYS OF TODAY'S HEARING, THEN THE VILLAGE IS AUTHORIZED TO ISSUE A FINE OF ONE HUNDRED DOLLARS PER VIOLATION PER DAY.
THE ADMINISTRATIVE COST TO THE ADMINISTRATIVE COSTS OF ONE HUNDRED AND FIFTY DOLLARS SHALL BE RECOUPED BY BY THE VILLAGE WITHIN ANY ORDER, AND THAT IF THERE'S NO COMPLIANCE BY THE OWNER WITHIN THE 30 DAYS THAT THE VILLAGE IS GRANTED THE AUTHORITY TO ABATE THE NUISANCE AND INCLUDE THE COST OF OBEYING THAT NUISANCE WITHIN ANY FINES, LIENS OR OTHER COSTS TO BE PAID BY THE VIOLATOR IN THIS MATTER.
ALL RIGHT. I THINK THAT WE'VE COME TO THE END OF OUR DOCKET.
YES, SIR. TWENTY TWO, TWENTY TWO OH ONE, OH, I BELIEVE THEY COMPLIED.
WERE THERE ANY OTHER, ANY ADDITIONS, ANY OTHER AMENDMENTS? NO, SIR. ALL RIGHT.
YES. I WANT TO BE CLEAR THAT OUR NEXT HEARINGS ON FEBRUARY 15TH.
[NEXT HEARING DATE]
YES, SIR. OK.TWENTY TWENTY TWENTY TWO AT 10:00 A.M.
HERE IN THE SAME PLACE HERE AT VILLAGE OF INDIAN TOWN ONE FIVE FIVE ONE SIX SOUTHWEST OSCEOLA STREET, SUITE C INDIANTOWN, FLORIDA THREE FOUR NINE FIVE SIX.
AND IF YOU WISH TO PARTICIPATE IN THAT HEARING, PLEASE CONTACT EITHER MR. PEREZ OR THE VILLAGE CLERK WITH REGARD TO PROVIDING INPUT AND OR RESPONSE TO THE NOTICE OF VIOLATION AND OR NOTICE OF COMPLIANCE WITH THE VILLAGE PRIOR TO NEXT MONTH'S HEARING.
ALL RIGHT, WE HAVE NOTHING FURTHER.
[03:05:02]
I THINK WE CAN BE ADJOURNED.THANK YOU, EVERYONE.
* This transcript was compiled from uncorrected Closed Captioning.