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AND UNDER CALL THE BORDER. THE MAGISTRATE HEARING. FOR THE VILLAGE OF INDIAN TOWN. ON TUESDAY, SEPTEMBER 19TH 2023 IF YOU ALL RISE, JOIN ME IN THE PLEASURE RELIGION. TO THE FLAG.
OF THE UNITED STATES. ONE DAY. ALL RIGHT. PLEASE BE SEATED. AND IF YOU WILL. CELLPHONES. AND
[1.
September Docket 2023
]STALKERS. IT JUST LOOKS A LITTLE LONGER. OFFICER PRESIDENT REALLY IS RIGHT. YEAH.ALRIGHT UM, LET'S SEE WHO'S HERE. FIRST. YOU ALL CAME IN FIRST. WHAT? WHICH CASE ARE YOU HERE FOR? YES, BUT WHAT. THERE THERE'S 20 CASE NUMBER OR. 82, OKAY? SO FRANCISCO. I'M GONNA TAKE YOU. NUMBER ONE. HE WON OK. CLASSIC ARROW LLC. SO, UM. SO I'LL CALL 23 082 1ST. BASILIO ONE FRANCISCO AND UNDER HIS RELIEF AND. THIS IS A VIOLATION CASE. YES, SIR. ALL RIGHT. SO WHAT WE'RE GONNA DO IS HERE FROM THE VILLAGE OFFICER FIRST. AND. HE'LL TELL THE SITUATION. TO MAYBE SHOW SOME EVIDENCE. AND THEN AND THEN WE WILL HE ASKED YOU TO COME UP AND TALK TO YOU ABOUT THE SITUATION, OKAY? RIGHT. SO I'M GONNA SWEAR HIM IN WHEN YOU COME UP, I WILL ASK YOU TO BE SWORN AS WELL. SO THE TESTIMONY IS TRUTH. YOU SWEAR OR AFFIRM THE TESTIMONY ABOUT THE GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD. YES, SIR.
CASE NUMBER 23082. IT'S FOR THE PROPERTY AT 15 408 SOUTHWEST 1 53RD. OKAY, WHENEVER YOU'RE RUNNING ALL RIGHT, UM AGAIN FOR THE RECORD. MY NAME IS ROBERT PEREZ. I'VE BEEN SWORN IN AND I'M A COMPLIANCE OFFICER FOR THE VILLAGE OF INDIAN TOWN. SO THIS CASE WAS INITIATED. PROACTIVELY UM THROUGH DURING A IT WAS A UTILITY EASEMENT INSPECTION. UM, THAT I HAD JOINED OUR PUBLIC WORKS, UM AND UTILITY DIRECTOR ON, UM. NO THERE'S A UTILITY EASEMENT THAT RUNS JUST ALONG THE BACKSIDE. OF THE PROPERTY IN QUESTION AT 15408 SOUTHWEST 153RD STREET. DURING THE INSPECTION. NOW IS WHEN WE HAPPEN TO NOTICE THE, UH, THE VIOLATIONS THAT I'LL GET INTO LATER IN MY TESTIMONY. OKAY? THE RESPONDENTS HAVE BEEN IDENTIFIED AS FRANCISCO BASILIO ONE. AND PHILLIPE UNDRESS. AND THE RESPONDENTS ARE PRESENT. AND THERE HAVE BEEN MARKED. BEFORE YOU ON THE PROPERTY APPRAISER RECORD THAT'S MARKED AS EXHIBIT ONE.
SO UH, DURING THE INSPECTION, UM WE DISCOVERED THAT THERE WAS AN ACCESSORY STRUCTURE THAT WAS
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BUILT. ALONG THE REAR SIDE OF THE PROPERTY. UM WE. IF WE GO THROUGH THE THROUGH THE DEPICTIONS OUTSIDE THE VIOLATIONS AND QUESTIONS AND THEN WE'LL GO THROUGH THE DEPICTIONS FOR YOU. SO THE VIOLATIONS CONSIST OF SECTION 21.7 FOR PERMITS. 21.751 FOR UNSAFE STRUCTURES. 21.75 FOR UNSAFE EQUIPMENT. 21.75 FOR STRUCTURE ON FIT FOR HUMAN OCCUPANCY. 21.75 FOR AN UNLAWFUL STRUCTURE. UM WE ALSO HAVE VIOLATIONS UNDER 21.171 FOR MINIMUM ROOM WITH. 21.172 FOR MINIMUM CEILING HEIGHTS. 21.173 FOR BEDROOM REQUIREMENTS. 21.174 FOR OVERCROWDING. THE LAST OF THEM ARE 21.95 SANITATION. AND 67.201 A FOR OVER GROWTH OF WEEDS. LANDSCAPING AND 67.201 B FOR TRASH. NOW. GOING INTO OUR DEPICTIONS. WHAT WE DISCOVERED AS I STATED EARLIER WAS AN ACCESSORY STRUCTURE THAT WAS BUILT WITHOUT A PERMIT. ALONG THE BACK SIDE OF THE PROPERTY. AND IF WE GO AHEAD AND LOOK AT EXHIBIT TWO YOU'LL SEE. THE FIRST DEPICTION IS JUST AN AERIAL OF THE PROPERTY IN QUESTION. UM AND THE. ACCESSORY STRUCTURE. SO THE MAIN BUILDING OBVIOUSLY YOU HAVE THE MAIN, THE PRIMARY STRUCTURE THAT'S CLOSEST TO 153RD. AND THEN ALONG THE REAR END IS WHERE YOU'LL SEE A SLIGHT YOU COULD KIND OF SEE THE LITTLE SILHOUETTE OF THE ACCESSORY STRUCTURE CLOSER TO TOWARDS THE UTILITY EASEMENT. ON THE BACK SIDE ON. YOUR EXHIBIT TO A YES, SIR. IN THE RED FRAME AROUND THE PROPERTY. AT THE BOTTOM. IS THE ACCESSORY STRUCTURING? YES, SIR. RIGHT. I'M I'M WITH YOU. GOING INTO TO BE, UM SO UPON THE DISCOVERY OF THIS ACCESSORY STRUCTURE, I WAS ABLE TO ESTABLISH CONTACT WITH THE OWNER AT THE TIME. MR FRANCISCO BASILIO. UM. AND HE AGREED TO ESCORT ME ONTO THE PROPERTY TO CONDUCT AN INSPECTION OF THE ACCESSORY STRUCTURE. UM GOING INTO EXHIBIT TO BE, YOU'LL SEE DEPICTION. IT'S JUST A GENERAL DEPICTION OF THE ACCESSORY STRUCTURE ALONG THE BACK SIDE OF THE PROPERTY. AND THEN THE BOTTOM IMAGE OF TO BE IS A PHOTO OF THE PLUMBING UTILITIES THAT HAVE BEEN CONNECTED TO THE ACCESSORY STRUCTURE. AND ACCORDING TO MR FRANCISCO AT THE TIME OF OUR INSPECTION, HE STATED THAT THESE LINES WERE TIED INTO THE MAIN LINE. UM THAT RUNS INTO THE PRIMARY STRUCTURE. POTABLE WATER? YES, SIR. UM, WAS DONE WITHOUT PERMIT? YES, SIR. 45. OKAY. GOT IT. AND THEN GOING INTO EXHIBIT TO SEE. YOU'LL SEE ANOTHER PHOTO ON THE TOP OF A DOUBLE 40 M. UH BREAKER THAT WAS TIED. IT'S TIED INTO THE MAIN BREAKER OF THE PRIMARY STRUCTURE , AND THAT'S HOW THEY'VE FACILITATED, YOU KNOW, POWER TO THE ACCESSORY STRUCTURE US SO PANEL. YEAH. AGAIN NOT PERMANENT. NOT PERMANENT. NO. UM AND THEN THE BOTTOM IMAGES JUST ANOTHER DEPICTION OF SOME OF THE UTILITIES THAT HAVE BEEN TIED INTO THE ACCESSORY STRUCTURE. THIS IS JUST AN OUTDOOR SINK. UM AND THEN OBVIOUSLY YOU COULD SEE A SERIES OF EXTENSION CORDS THAT ARE RUNNING ALL THROUGHOUT THE ACCESSORY STRUCTURE, FACILITATING POWER TO DIFFERENT AREAS OF THE OF THE STRUCTURE ITSELF. UM DURING THE INSPECTION[00:10:04]
, AND I'LL JUST ADD THAT WE DID DISCOVER FOR THEIR WORK FOR FOUR BEDROOMS, INCLUDING A FOUR KITCHEN AND, UH, AND A FULLY FUNCTIONAL BATH. UH, BATHROOM IN THE ACCESSORY STRUCTURE AND WITHIN EACH ROOM. UH THERE WAS ONE OF THESE AIR HANDLERS TIED INTO EACH EACH BEDROOM. TOM, AND THIS IS JUST A DEPICTION OF ONE OF THE AIR HANDLERS AND HOW IT WAS INSTALLED. AND THEN THE BOTTOM IMAGES JUST I WANTED TO PAN OUT AND GIVE YOU KIND OF GENERAL DEPICTION OF THE STRUCTURE ITSELF. IT DURING MY INSPECTION, IT APPEARED TO HAVE BEEN MADE UP OF JUST PLYWOOD AND MAYBE TWO BY FOUR. FRAMING BUT THE EXTERIOR WAS JUST PLYWOOD THAT WAS DRILLED INTO SOME FRAMING. REMEMBER? AND PAINTED. YES THIS IS THE BOTTOM OF TWO D YES. OKAY? GOING INTO TWO E.THIS HERE IS JUST A PHOTO PANNED OUT JUST BEFORE I ENTERED THE ACCESSORY STRUCTURE, THE TOP IMAGE THIS IS THE MAIN ENTRANCE AND THEN THE WHITE DOOR TO THE LEFT IS JUST A STORAGE ROOM, ACCORDING TO MR FRANCISCO. SO AS SOON AS I ENTERED THE ACCESSORY STRUCTURE TO MY LEFT HAND SOUGHT TO MY IMMEDIATE LEFT HAND SIDE. WAS A FULL KITCHEN. UM AND AS YOU CAN SEE, IT'S ENTIRELY MADE UP OF PLYWOOD. UM, THE FLOOR. IT DON'T STRUCTURE ITSELF DIDN'T HAVE ANY SORT OF LIKE FLOORING OR ANYTHING. IT WAS JUST CARPET THAT'S LAID UP LAID UPON. YOU KNOW THE GROUND ON TOP OF THE DIRT. UM. AND AS YOU CAN SEE, YOU SEE THE POTS AND THE PANS AS WE GO INTO TWO AND TO THE FOLLOWING EXHIBIT, YOU'LL START. I ENTERED THE KITCHEN. UM THE STOVE IS A, I GUESS. A PORTABLE PROPANE STOVE. TOP UM AND IT'S TIED INTO SOME PROPANE TANKS AND THEY'RE COOKING WITH THIS.
INSIDE THE STRUCTURE, ACCESSORY STRUCTURE. AND YOU CAN SEE THE POTS AND THE PANS THAT THEY'VE BEEN USING. AND THEN THE BOTTOM IMAGE. IS A MAKESHIFT SINK THAT THEY'VE ADDED TO THE KITCHEN AS WELL AS A REFRIGERATOR. THAT IS CONNECTED TO A. AN OUTLET THAT WAS FASTENED INTO THERE'S THERE WERE SEVERAL OUTLETS JUST FASHIONED, UM ALL OVER THE PROPERTY WOULD NOT REALLY NO RHYME OR REASON THERE WERE ALL DIFFERENT HEIGHTS AND DIFFERENT PARTS OF THE PROPERTY. SO THE DRAIN FOR THE SAME QUARTER AS IT GO. IT TIES INTO THE THOSE, UH THERE'S A MAIN LINE UNDER THE ACCESSORY STRUCTURE THAT TIES INTO THE THESE. THE LINE FOR THE PRIMARY STRUCTURE. SO IT ALL SO AGAIN, IT GOES INTO THE INTO THE SEWER LINE, BUT WITHOUT A PERMIT. YES, SIR. THE NEXT EXHIBIT IS JUST A JUST SHOWS A MICROWAVE THAT AGAIN IS ATTACHED TO A, UH, AN OUTLET THAT THAT'S JUST ADDED THERE. WITHIN THE KITCHEN AREA. THERE'S A THE BATHROOM. I WASN'T ABLE TO ACCESS THE RESTROOM BECAUSE AT THE TIME THERE WAS SOMEBODY SHOWERING WITHIN THE RESTAURANT.
AND I WAS ABLE TO ACCESS ONE OF THE BEDROOMS. MR FRANCISCO HAS ROOM THERE WITHIN THE ACCESSORY STRUCTURE THAT HE USES. AND HE WAS WILLING TO ESCORT ME IN THERE. THE OTHER BEDROOMS WERE OCCUPIED, AND HE DIDN'T FEEL COMFORTABLE DISTURBING ANY OF THE OCCUPANTS. UM DURING DURING MY INSPECTION. SO THE BOTTOM IMAGES JUST THE DEPICTION OF WHEN I ENTERED. THE BEDROOM. UM AND THEN GOING ON TO THE FOLLOWING EXHIBIT ONTO MY IMMEDIATE RIGHT HAND SIDE AS I ENTERED THE BEDROOM. YOU SEE ANOTHER OUTLET THAT'S JUST FASTENED TO THE TO THE WALL. ALL THE COMPONENTS OF THE OUTLET ARE EXPOSED. AND THAT'S THE TOP PHOTO AND 28. YES. AND THEN THE BOTTOM PHOTO TO AGE IS JUST GENERAL DEPICTION OF THE BIRD AND ALL THE OTHER. THINGS THAT WERE WITHIN THE BEDROOM AREA. AND UH, SO DURING MY INSPECTION , I SAW A SERIES OF UM. PEOPLE
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COMING IN AND OUT OF THE ACCESSORY STRUCTURE. HE DID CONFIRM TO ME THAT THERE WAS A WOMAN WITH WITH TWO KIDS. LIVING IN ONE OF THE BEDROOMS. HE OCCUPIED ONE OF THE ROOMS HIMSELF. AND THEN THE OTHER TWO ROOMS WERE OCCUPIED BY TWO OTHER GENTLEMEN, UM SO WITH A TOTAL OF FOUR BEDROOMS. BEING OCCUPIED. WITHIN THE ACCESSORY STRUCTURE. DID YOU DID YOU ALSO GAIN ACCESS TO THE MAIN HOUSE? I DID NOT. NO. SO JUST THE ACCESSORY STRUCTURE IS WHAT WE'RE DEALING WITH. YES, SIR. OKAY. SO FOLLOWING THIS INSPECTION, UM I ISSUED THE RESPONDING TO A NOTICE OF VIOLATION NOTICE OF HEARING THAT HAS BEEN MORE BEFORE YOU AS EXHIBIT THREE. AND I STARTED THE VILLAGE CALLED VIOLATIONS THAT I CITED EARLIER IN MY TESTIMONY. UH, IN THE NOTICE THE RESPONDENT I WAS GIVEN UNTIL. UNTIL AUGUST 22ND. TO FACILITATE COMPLIANCE. NOW WAS THE COMPLIANCE THAT WE ARE LOOKING FOR AT THAT TIME. UM, FOLLOWING MY INSPECTION, I DISCUSSED THE MATTER WITH OUR WITH OUR BUILDING OFFICIAL AND WE ALSO CONTACTED THE, UH MARIN COUNTY FIRE DEPARTMENT. UM AND THEY DID A SITE VISIT AND WE'RE REALLY ONLY ABLE TO JUST FACILITATE THE RESIDENTS WITH. YOU KNOW DIFFERENT FORMS OF EQUIPMENT TO ADVISE THEM OF A FIRE IN THE EVENT THAT THERE WAS A FIRE. THEY DIDN'T REALLY HAVE ANY GROUNDS TO HAVE THEM VACATE THE PREMISES IMMEDIATELY. BUT IN SPEAKING WITH OUR BUILDING OFFICIAL WE DECIDE THIS IS WHEN WE DECIDED TO DEEM THE PROPERTY UNSAFE FOR HUMAN OCCUPANCY. UM AND WE DISCUSSED THIS WITH THE RESPONDENT AND THE INITIAL AGREEMENT WAS THAT WE AT THE VERY LEAST NEEDED TO HAVE THE ACCESSORY STRUCTURE VACATED. AND ALL UTILITIES BE DISCONNECTED. ON OR BEFORE THE DATE IN QUESTION ON THE NOTICE OF VIOLATION. WITH. ULTIMATELY THE YOU KNOW THE ULTIMATE. AT THE VERY END. WHERE WE'RE LOOKING FOR IS THAT THE ACCESSORY STRUCTURE BE, UM, DEMOLISHED. UM AND SO. AT THIS POINT ALL OF THAT HAS BEEN DONE. THE RESPONDENT HAS HAD THE PROPERTY VACATED. WE DID A FOLLOW UP VISIT WITH OUR BUILDING OFFICIAL, UM AND WE'VE ESTABLISHED THAT ALL THE UTILITIES ARE DISCONNECTED AND ARE NO LONGER FUNCTIONAL.THERE'S NO RUNNING WATER. UH, AND THE ELECTRICITY HAS BEEN CUT FROM THE SUB PANEL. AND. JUST GOING FORWARD WITH WITH MY TESTIMONY. THE NOTICE WAS SENT TO THE RESPONDENT VIA CERTIFIED MAIL, AND WE ALSO POSTED THE PROPERTY ON AUGUST 16TH OF 2023. AND MY. PHOTO OF THE POSTING AS WELL AS MY, UM AFFIDAVIT OF SERVICE HAVE BEEN MARKED BEFORE YOU AS EXHIBIT FOUR AND FIVE. I LOOKED AT HIM. UM SO I AND AGAIN I'VE BEEN IN COMMUNICATION WITH THE RESPONDENT, UM SINCE OUR LAST INSPECTION, UM. AND THEY MAINTAINED THE PROPERTY VACATE VACANT AND ALL THE UTILITIES HAVE REMAINED. DISCONNECTED. I KNOW AND SPEAKING WITH THEM, THEY WANTED TO REQUEST A CONTINUANCE TO OBTAIN ADDITIONAL TIME. TO HAVE THE PROPERTY DEMOLISHED. I JUST THINK JUST BECAUSE OF THE NATURE, WE WANT IT. WE DO STILL WANT TO SEEK OUT A FINAL ORDER ON THIS. UM JUST BECAUSE WE WANT TO ENSURE THAT THIS IS YOU KNOW THAT THIS PROPERTY IS ULTIMATELY DEMOLISHED AND REMOVED. UM FROM THE SITE. UM. AND SO BASED UPON MY TESTIMONY AND EVIDENCE, I REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY. WITH THE SIDE OF PROVISIONS OF THE VILLAGE COLD. UH UM, WE WANTED TO GIVE THEM AT LEAST AT LEAST THE 90 DAYS. 90 DAYS TO FACILITATE COMPLIANCE IF THAT COULD BE UM ADDED TO THE FINAL ORDER. AND IF NOT IN COMPLIANCE THAT THEY BE REQUIRED TO PAY A FINE IN THE AMOUNT OF $100 PER VIOLATION FOR EVERY DAY, THE VIOLATION CONTINUES THEREAFTER. AND THE VILLAGE AT THIS POINT HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS IN THE AMOUNT OF $150 CONDUCTING THIS INVESTIGATION. AND I REQUEST THAT THE VILLAGE BE REIMBURSED THIS AMOUNT OF THE CONCLUSION OF TODAY'S HEARING. AND AT THIS
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TIME THIS WILL CONCLUDE MY TESTIMONY. THANK YOU. WHAT UP? YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM? THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO IF YOU'RE GONE YES, YOU DO. OKAY. UM SO WHAT DO YOU KNOW YOU ARE WHAT IS YOUR NAME, SIR? BASILIO OF FRANCISCO. OKAY? SO, MR FRANCISCO, UM YOU HEARD? WHAT THE CODE OFFICER SAID. DO YOU HAVE ANY QUESTIONS OR ISSUES OR THINGS YOU WANT TO TELL ME ABOUT THE PROPERTY? YEAH.SHE WANTS TO KNOW IF SHE COULD. SHE COULD SPEAK. THIS IS MR FRANCISCO'S WIFE. YES SURE. OF COURSE. AND WHAT IS YOUR NAME, MA'AM? I THINK THEY DID BRING IN. ARE YOU HERE TO INTERPRET FOR THEM TO TRANSLATE FOR THEM? OKAY? SO I NEED EVERYONE'S FULL NAME. ON THE RECORD. KASIMIR MANUEL EMILIANO. MY NAME IS PETRONAS. JUAN MANUEL. SO. IF YOU RAISE YOUR RIGHT HAND, DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. OKAY. AND THEN THE SAY THAT INTO THE MIC. SEE THANK YOU. UM. I WERE YOU TRANSLATING WAS CODE OFFICER WAS SAYING AS HE WAS SAYING THAT I DIDN'T NOTICE I WASN'T LOOKING BACK AT. WHAT I'M ASKING IS. DO THEY UNDERSTAND WHAT ISSUES ARE? THAT OKAY? SO YOU DO UNDERSTAND, AND IF THAT'S THE CASE I'M THEN GOING TO ASK. DO YOU HAVE ANYTHING YOU WANT TO TELL ME? MONITORING ADDITIONAL. THANK YOU.
SO UM, MISS CASSIE MIRA'S JUST OFFERING ADDITIONAL INFORMATION. REGARDING THE STRUCTURE. AND SHE WANTED TO MAKE CLEAR THAT IT WAS ACTUALLY, UM, MADE BY HER PART. SHE DID ASK FOR ADDITIONAL FAMILY MEMBERS TO HELP BUILD THE STRUCTURE. SHE WAS UNAWARE THAT THERE WERE CERTAIN PERMITS THAT WERE REQUIRED. SHE DOES FEEL EMOTIONALLY UPSET ABOUT IT BECAUSE SHE FEELS LIKE HER HUSBAND IS BEING ASKED HOW THE STRUCTURE WAS BUILT, AND IT WAS UPON HER DECISION. AND, UM HER FAMILY MEMBERS THAT ASSISTED HER WITH BUILDING THE STRUCTURE ON THE PROPERTY. ALL RIGHT, UM WELL. I BACK TO REMAINS THAT HERE. WE HAVE TO HAVE BUILDING PERMITS. FOR CONSTRUCTION. AND IT HAS TO BE IN ACCORDANCE WITH THE BUILDING CODE. ENORMOUS GETTING THERE. PC ENTITIES BEEN ISOS. UM ESTABLISHED THE INDIAN TOWN. SO OKAY. ST PERMISO BATTERY CELLS, SO I SO IS
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LOOKING JARNO. I WAS UNAWARE. AND, UM THE OTHER THING THAT I'VE OBSERVED BY LOOKING AT THE PHOTOGRAPHS. IS THAT. NONE OF THERE APPEARS TO BE ACCORDING TO ANY OF THE STANDARD. BUILDING CODE. AND, UH, FATHER TALENT OF THE VILLAGE HAS ASKED THAT IT THE BUILDING BEACH COMPLETELY DEMOLISHED. THEY SAY THERE WHETHER THERE. THE STATUS BEGINNING. NOT REALLY NORMAL.FINALMENTE DECISION. SYRIA'S IT . BIHAR OFFICIALS. UM MISS CASIMIR WOULD LIKE TO KNOW SHE HAS INVESTED A LOT OF MONEY IN GREEN THE STRUCTURE IN INTO THE STRUCTURE. IS THERE ANYTHING POSSIBLE THAT COULD BE DONE? TO HOLD ONTO THE STRUCTURE OR FIREPROOF IMPROVEMENTS TO THE STRUCTURE. I CAN'T TELL HER THAT. I DON'T KNOW THE ANSWER. BUT THE BUILDING OFFICIAL OVER HERE. UM SHE COULD MEET WITH THE BUILDING OFFICIAL AND FIND OUT IF ANY OF IT CAN BE SAVED. UM AND REUSED, BUT I DON'T KNOW THE ANSWER. OKAY SO THIS IS YOUR GIRL TOMORROW? INSPECTOR LUCIDLY PHYSIOS. NOT POSSIBLE OR NO. THE MONTH ANNETTE . THE MAIN REASON UM SHE WOULD LIKE TO PROPOSE ON HOLDING ONTO OUTSIDE STRUCTURE. SHE HAS SHE HAS A CHILD. THAT IS UNABLE TO ENTER HER PRIMARY RESIDENCE. DUE TO AN INJURY AND DUE TO SOME DISABILITY. AND SHE IS PROPOSING TO HOPEFULLY BE ABLE TO HOLD ONTO THE STRUCTURE, APPLY IMPROVEMENTS TO IT AND BE ABLE TO KEEP IT ON HER PROPERTY. UM.
I ASK IF THERE'S ANYTHING ELSE THEY WANT TO TELL ME. YOU SEE IT? DISCUSSING MIRA, UM, REALLY WOULD PREFER NOT TO DEMOLISHED THE STRUCTURE AT ALL. SHE WOULD LIKE FOR US TO ASSIST HER IN FINDING A SOLUTION AND FOR HER TO BE ABLE TO KEEP THE STRUCTURE ON HER PROPERTY. BECAUSE SHE HAS AGAIN SHE REPEATS. SHE HAS INVESTED A LOT OF MONEY ONTO THAT STRUCTURE AND TELL HER THAT I UNDERSTAND THAT, BUT AT THE SAME TIME, IF THE STRUCTURE IS NOT. DISRUPTED ACCORDING TO THE BUILDING CODE. UM REALLY? I MEAN, SHE MAY BE ABLE TO REUSE THE MATERIALS. BUT. IT HAS TO BE STRUCTURALLY SOUND. IT HAS TO HAVE A FLOOR. THERE ARE SEVERAL DEFICIENCIES HERE. THAT ARE NOT ACCEPTABLE UNDER THE FLORIDA BUILDING CODE. AND SO. IT COULDN'T BE POSSIBLE THAT THAT SHE COULD REUSE SOME OF THOSE MATERIALS. PERHAPS. PERHAPS. BUT BUT NOT. IN THE WAY THAT THAT BUILDING IS CONFIGURED. AND UH, ALSO REMEMBER. THAT. SHE HAD FOUR BEDROOMS. YES, IN THE SUCCESSORIES STRUCTURE. AND, UM I DON'T KNOW THAT. UNDER WHAT
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CIRCUMSTANCE THE CODE WOULD ALLOW YOU TO PUT FOUR BEDROOMS IN IN A STRUCTURE LIKE SO. THERE ARE A LOT OF ISSUES AND A LOT OF PERHAPS OPPORTUNITIES FOR THEM TOO. TALK WITH THE BUILDING OFFICIAL. I WILL GIVE THEM 90 DAYS TO DO THAT. BUT THE END OF THE 90 DAYS. THE PROPERTY NEEDS TO BE EITHER. DID FOR CONSTRUCTION. OR DEMOLISHED. IN ALL OF THE TRASH AND OVERGROWTH NEEDS TO BE CLEANED UP. SO IF YOU TELL THEM AND THE MOSAIC USED. YOU SEE CUANTOS INSTAGRAM.I WANT TO SEE IN WHISKEY BEGAN. THEY CANNOT GOES THROUGH YOU, THOUGH. 12 MINUTES. ENORMOUS.
INSPECTOR AH, LET ME KNOW LIKE IT. IT'S IDEA. IT'S JUST NOISE. SEE YOU. STEADY STATE NEEDED THIS WAS QUITE CLOSE IN SUPER DAN. JACKIE. FROM WHAT HE SAYS. MATERIAL TO START. VULNERABLE.
AREAS. FOR THOSE, YOU KNOW THOSE OPPORTUNITIES WOMEN UP SOON IN TENNESSEE. PERMISSIBLE, JASON.
GO THROUGH IT ALL COMPLEX AND LOTS OF CNS. THEY ARE NOT GOING INTO THIS YEAR. UM THE INSPECTOR, I'LL GIVE YOU AN INSPECTOR. ALASKA SAYS BUT I'VE BEEN LINE OF ACCION. YOU KNOW, APARTMENT IN NORTHEAST AND PERMIT BUREAUS, BURRITOS THEIR STUFF FOR ME. OKAY AND I AM GOING TO ACTUALLY GIVE THEM A LITTLE MORE TIME. I'M GONNA GIVE THEM TILL THE END OF THE YEAR.
SO DECEMBER 31ST AND THEN BY THAT TIME THEY NEED TO. COME INTO COMPLIANCE ONE WAY OR THE OTHER EITHER OBTAINED THE PERMIT. OR AND CLEAN UP THE PROPERTY OR DEMOLISH THE BUILDING. EITHER WAY. TO THE EXTENT THAT THEY MUST BE IMPOSSIBLE THINKING. BUT IS IN THE SPERM ISOS, BUT I SAID EVERYBODY, CONSTRUCTION AND CONSTRUCTION IS APPROPRIATE. THE OTHER ROOMBA. COMPLETAMENTE. IN THE AREA. LET ME IN. TO HAVE THE . PASTO. YES, OKAY. OKAY? SO IMPROVEMENTS TO THE TRASH IN THE LANDSCAPING HAPPENED HAVE BEEN MADE. OKAY GOOD. WELL, THAT'S THAT'S GOOD. UM THE OTHER THING, TOO, IS THAT IF THEY FAILED TO BRING THE PROPERTY INTO COMPLIANCE. ONE WAY OR ANOTHER. I AM GOING TO FIND THEM. THAT THE VILLAGE HAS ASKED FOR $100 PER DAY. I'M GONNA MAKE IT $50 PER DAY. BUT. NONETHELESS IT WILL THEN CONTINUE TO RUN. SO I'LL TELL THEM. THAT THEY MUST DO IT OR THERE WILL BE A FINE THAT WILL START TO RUN OF $50 PER DAY AFTER THE 31ST ON THE BEGINNING WITH THE FIRST DAY OF 2024. THIS PLACE, THE EMPATHY AND, UM THOSE MEALS QUATTRO. QUEST BY MORTARS, QUINTAL AND THAT IS BORDERED THE GALLERIA COMPLEX. THE MEDIA SAID. DON'T PLAN OR PARA CONSTRUIR HERE. THIS WAS QUITE TOES. ALL THEIR OWN, BARLOW COMPLETAMENTE. AND I AM ALSO GOING TO AWARD COSTS. TO THE VILLAGE AND THE AMOUNT OF $150 THAT NEEDS TO BE PAID. BEGINNING WHENEVER I RENDER THE ORDER. MEAN BY, UM, WARDEN. THEY RESPONSIBILITY COASTAL VILLAGE BECAUSE IT DIDN'T TORMENTED THIS LOOK AT IT, AND VILLAGE PORTAL TRABAJO CASO. OKAY? SHE APOLOGIZES AGAIN. MISS KOSMINA'S APOLOGIZING AGAIN FOR NOT KNOWING ABOUT PERMITS THAT WERE REQUIRED FOR THIS STRUCTURE. AND I APPRECIATE THAT, AND I THINK
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THE VILLAGE DOES, TOO. FOR THE $150 ADMINISTRATION FEE. IS THAT SOMETHING HE TAKES CARE OF TODAY OR AFTER THE ORDER, I WOULD WAIT UNTIL THE ORDER COMES OUT. BUT THEN IT'S PAYABLE TO THE TO THE VILLAGE. NORTHWEST UM, TERMINAL ACCORDION AND DON'T SAY SO STEP WHETHER REGRESSED OUR VILLAGE DOUBLE IT IS HE UNDERSTANDS OBVIOUSLY. OKAY? ALL RIGHT. THANK YOU. GRACIAS. ALRIGHT NEXT CASES, CASE NUMBER 23-081. CLASSIC ARROW L. L C. AND THIS IS A REQUEST FOR CONTINUANCE AND . I KNOW THAT OUR RESPONSE HERE, BUT WE'RE GOING TO HEAR FROM THE VILLAGE FIRST. AND THEN IF YOU NEED TO ADD ANYTHING, I'LL ASK YOU TO COME UP. ROB ROBERT FLORES AGAIN FOR THE RECORD.I'VE BEEN SWORN IN COMPLIANCE OFFICER FOR THE VILLAGE OF IN THE IN TOWN. SO THIS PROPERTY HERE WAS WAS INITIATED. PROACTIVELY, UM PER SO REALLY, IT WAS A IT WAS A IT WAS A CASE THAT CAME TO THE TWO CO COMPLIANCE. THE A FOLLOW UP VISIT FROM OUR BUILDING DEPARTMENT. THEY DID A INSPECTION OF A GAS LINE. WAS IT A GAS LINE INSPECTION, UM TO CLOSE OUT A PERMIT, AND, UH, AND FOLLOWING THAT INSPECTION THERE, IT WAS DETERMINED THAT THERE WAS WORK THAT HAD BEEN, UH, COMMENCED WITHOUT A PERMIT AND WAS AT THE TIME INCOMPLETE. UM AND SO IT RESULTED IN US ISSUING THE NOTICE OF VIOLATION. TO THE RESPONDENT. NOW YOU DO HAVE TO NOTE I JUST WANTED TO BE TRANSPARENT AND I KNOW YOU HAVE A SERIES OF DOCUMENTS IN FRONT OF YOU. THE VERY FIRST ONE. ON THE TOP IS AN AMENDED NOTICE OF VIOLATION THAT SO THERE WAS AN AMENDMENT MADE TO THE ORIGINAL AND LV BECAUSE THERE WAS AN ISSUE WITH THE ORIGINAL, UM I GUESS ORDINANCE THAT WAS SIGHTED ON THE ORIGINAL, UM, NOTICE OF VIOLATION. UM, SO IF YOU LOOK AT THE SECOND N O. V, WHICH WOULD HAVE BEEN THE ORIGINAL INITIALLY WE STARTED IT UNDER 21.7 PERMITS . BUT IN THE BURBAGE UNDER THIS SECTION, AND THEN SPEAKING WITH UM MR MR JEFF WAGON, WAGNER. UM THE REPRESENTATIVE FROM CLASSIC EARLY LOC. WE DETERMINED THAT BURBAGE IN THIS ORDINANCE DIDN'T MEET THE. IT BASICALLY DIDN'T REFLECT ENTIRELY THE WHAT THE VIOLATION WAS, UM, SO WE WOULD JUST WANTED TO BE CLEAR AND CONCISE, ALL THE WAY ACROSS THE BOARD, IN WHICH WE WENT FORWARD WITH THE AMENDMENT. AND, UH AND THEN THE AMENDMENT. WE HAVE A FEW SECTIONS THAT WERE CITED. WE HAVE THEY SECTION. 12 17 PERMITS UNDER OUR LAND DEVELOPMENT REGULATIONS, WHICH IS JUST THE ENTIRETY OF THE PERMIT PROCESS, UM, FILING FOR THE WORK THAT HAS BEEN DONE ON THE SITE AND THEREFORE COMPLETING THE WORK AND SEEING IT THROUGH WITH OUR WITH OUR BUILDING DEPARTMENT.
AND THEN, UM, WE ALSO HAVE SECTIONAL SECTION OF THE FLORIDA BUILDING CODE. 105. FOR PERMITS , WHICH AGAIN JUST TOUCHING ON THE FACT THAT ANY TIME THERE'S GOING TO BE ANY KIND OF STRUCTURAL WORK. UM THAT A PERMIT BE OBTAINED THROUGH OUR BUILDING DEPARTMENT. NOW AND THEN WE ALSO CITED IN THE AMENDMENT, UM SECTIONS 21 75 AND 21 75.1 FOR UNSAFE STRUCTURES.
UM AND AGAIN, THE STRUCTURE IS CURRENTLY VACANT. UM IT'S JUST WITH THE EXTENT OF WORK THAT'S BEING DONE. WE WANTED IT TO BE CLEAR THAT ARE BUILDING OFFICIAL. UM DID NOT FEEL COMFORTABLE WITH ANYBODY OCCUPYING THE RESIDENTS IN LIEU OF THEM COMPLETING THE WORK. UM OKAY. SO I'M SORRY. I'M GONNA SURFING THE BUILDING OFFICIALS HE RESURRECTED ANSWER. DO YOU SWEAR OR AFFIRM THE TESTIMONY ABOUT TO GIVE ME THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD ALRIGHT, YOUR FULL NAME SHOW. EDWARD ROSEBERRY. ALRIGHT MR ROSEBERRY . WHAT'S YOUR POSITION WITH THE VILLAGE? I AM THE INTERIM BILL BUILDING. OFFICIAL. I WORKED FOR
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A THIRD PARTY. COMPANIES THAT THE CONTRACT IT TO THE VILLAGE. ALL RIGHT, AND SEE IF I'VE GOT THAT RIGHT. IS THAT PAUL WELSH INC. IS THAT? NO, SIR, I DON'T THINK THAT BEFORE. I THINK THAT'S UH YEAH, THAT'S UH, SEPARATE. THAT'S THE ENGINEER THAT'S INVOLVED NOW FOR THE RESPONDENT. YEAH YOUR EMPLOYER IS MY EMPLOYERS SAFE BUILT. INCORPORATED LLC. AND YOU SAID ROSEBERRY ROSEBERRY R O S E. R. R Y. ALL RIGHT. SO YOU, YOU, MR ROSEBERRY, YOU'VE HEARD THE TESTIMONY. GIVE HIM BY OFFICER PEREZ. UM AND A LOT OF IT DID HAVE TO DO WITH THE BUILDING CODE AND THE FINDINGS OF AN UNSAFE STRUCTURE. ANYTHING YOU WANT TO ADD OR OR CHANGE IN THAT TESTIMONY. UM I WENT OUT OF ORIGINALLY ON TO CLOSE SOME PERMITS TO VERIFY THAT THAT NO WORK HAD BEEN DONE, I THINK A REQUEST THAT COME INTO CLOSE OUT SOME PERMITS. AND SO WE HAVE TO GO TO A VERIFICATION PROCESS THAT NO WORK WAS INDEED DONE. UM I WENT OUT AND DID, UH, ROAD INSPECTION JUST FROM THE FROM THE ROAD AND THEN AND DETERMINED THAT THE ROOF LOOKED LIKE IT HAD BEEN REPLACED, WHICH IT HAD AND HAD BEEN PERMITTED. UM SOME, WHEN DOES IT BEEN REPLACED? THEY HAD BEEN PERMITTED. AND THEN THERE WAS A GAS. INSPECTION I THINK CALLED IN FOR A GAS FINAL.THAT A GAS LINE HAD BEEN MOVED. HAD ALSO BEEN PERMIT. THERE WAS ORIGINALLY. A STOP WORK ORDER ISSUED NOT BY ME. IT'S BEEN QUITE A WHILE AGO. I'M NOT SURE WHEN BECAUSE THERE WAS A LOT OF INTERIOR THEM, UH, RENOVATION GOING ON. SO. I WALKED THROUGH WITH THE OWNER. HE WAS MET ME OUT THERE. WENT OVER THE EVERYTHING THAT WAS DONE, UH, YOU KNOW, HE WAS VERY TRANSPARENT WITH ME. AS FAR AS HIS INTENTIONS AND WHAT HAD BEEN DONE AND WHAT WAS OBVIOUSLY NEW CONSTRUCTION AND SO BETWEEN US WE WORKED A, UH PLAN OUT SO HE COULD WHO FORWARD AND. BRING THE HOME INTO COMPLIANCE. SO HE COULD EITHER RENT IT SELL IT. LIVE AND DO WHAT EVERYONE TO ARREST. THE REQUEST BEFORE ME, TODAY'S FOR CONTINUANCE, AND THAT IS TO EXTEND OUT THAT BASICALLY THE DATE FOR COMPLIANCE. YEAH IF I IF I COULD JUST ADD, SO, UM AND OIL ON SO IT WAS, IT WOULD HAVE BEEN SEPTEMBER. 15 I GOT AN EMAIL WHICH HAS BEEN ATTACHED THERE BEFORE YOU FROM MR JEFF WAGNER. UM STATING HEATING THE INSTRUCTION THAT OR THE DIRECTION THAT HE GOT FROM OUR BUILDING OFFICIAL, UM PRIOR TO BEING ABLE TO GET ANY OF THESE PERMITS. THE PROBLEM IS THE AND I DON'T WANT TO GET INTO THE INTRICATE DETAILS BECAUSE IT'S NOT MY YOU KNOW, FORTE OR THE WORK OF FROM WHAT I'M UNDERSTANDING. IT REQUIRED A SET OF ENGINEER PLANTS. THE WORK THAT HE WAS LOOKING TO DO. UM AND THAT WAS REALLY WHAT WAS HOLDING HIM UP BECAUSE HE DID MAKE THE, UH HE DID HAVE THE INTENTION ON FILING PERMITS FOR THIS WORK, BUT IT WAS REJECTED RIGHT BECAUSE HE NEEDED A. WAS IT AN ENGINE ENGINEERED PLANS OR CONTRACTOR? BOTH OKAY, BOTH AS AN LLC. YOU UH, FLORIDA STATUTE PROHIBITS YOU FROM FROM CANTU, OWNER BUILT ON AN OWNER BUILD EXACTLY EXACTLY. I DO. NOW I SEE WHERE MR WELCH'S NAME COMES IN.
YEAH MR WELCH COMES IN. YES, SIR. YES SIR. FOR THE RESPONDENT AND THERE WAS THERE WERE STRUCTURAL IN FIELDS FOR DOORS OR WINDOWS WERE ELIMINATED. AND . AND COMPLETED AND CONCEALED SO. THEREFORE YOU GOTTA HAVE I NEED I WOULD REQUIRED FOR THE PERMIT AND WE WENT OVER ALL OF THIS OUT IN THE FIELD. AND, UH, AND IT'S GONE. GOING FOR COMPLIANCE? YEAH. ALL RIGHT, UM GOOD. ANYTHING ELSE YOU NEED TO TELL ME. THEY'RE ASKING 90 DAYS. NO OBJECTION. I DON'T KNOW . I THINK THAT WE WERE SUPPOSED TO HAVE A MY GUIDANCE WAS TO HAVE HIS, UH, DESIGN PROFESSIONAL. LET HIM LET US KNOW HOW LONG IT'S GOING TO BE BEFORE HE CAN GET HIS BECAUSE
[00:45:01]
THEY'RE ALL WAY BEHIND. ALL RIGHT. SO IN THE LETTER THAT I'M LOOKING AT NOW, MR WAGNER THE STATE OF SEPTEMBER 14TH FROM PAUL WELSH INC. PROFESSIONAL ENGINEER, AND HE'S SAYING PLEASE ALLOW 90 DAYS FOR WORK DONE TO BE BROUGHT UP TO CURRENT CODE. THAT'S PROBABLY JUST THE PLANS AND TO GET IT PERMITTED. BUT THAT'S HE SAYS WORK, BUT MAYBE THAT'S HIS WORK. ALL RIGHT. MR WAGNER, AND LET'S OR MS WAGNER AND COME ON UP. LET ME JUST WHERE YOU ARE. RIGHT NOW, DO YOU SWEAR OR AFFIRM TESTIMONY ABOUT TO GIVE ME THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO, YEAH. ALRIGHT AND YOUR FULL NAME AND YOUR FULL NAME. TOUGH WAGON. YES, SIR. ALL RIGHT. UM, MR AND MRS OKAY? SO, UM IN AND YOU ARE. MANAGER MEMBER. OR OR SOMETHING OF THE LLC IS THAT CORRECTIVE CLASSIC CAROL OKAY, BOTH, AND YOU'RE BOTH NODDING. AND I'LL PUT THAT ON THE RECORDS. WE GET THOSE NODS ON THE RECORD. OKAY, UM SO HE YOU'VE. THEY ARE OBVIOUSLY BEEN AWARE NOW OF THE ALLEGATIONS BY THE VILLAGE. OF FAILING TO OBTAIN NECESSARY PERMITS TO DO WORK ON THE PROPERTY AND THEN HAVING TO DO THE WORK. YOU CAN'T DO IT. OWNER BUILDER YOU HAVE TO BECAUSE IT'S AN LLC THAT OWNS IT, SO LOOKS LIKE YOU'RE TAKING STEPS. 90 DAYS IS WHAT YOUR ENGINEER HAS ASKED FOR. DO YOU KNOW IF THAT'S FOR HIM TO PRODUCE PLANS AND GET PERMITS? OR IS THAT TO ACTUALLY ACCOMPLISH THE WORK. WE JUST KNOW EVERYBODY'S BUSY WITH THAT STUFF. SO WE WENT IN THE OFFICE AND TALK TO HIM AND IS THAT WE'LL GET THE STUFF STARTED ON THAT. I SAID WE NEED TO MEET WITH THE MAGISTRATE. IF WE GET A LETTER SAYING, WHAT DO YOU THINK THE TIMEFRAME MIGHT BE HONEST? OKAY THAT TO US. I DID EMAIL THAT, ROBERT, I INCLUDED YOU ON THERE, BUT IT WAS A GENERIC BUILDING OFFICIALS SO I DON'T KNOW IF THAT COMES TO YOUR BOX OR WHERE, BUT ANYWAY, BUT ANYTHING I SAID TO ROBERT. BUT WE JUST ASK HIM WHEN WE GOT IT WHEN IT'S SAID TO HAVE THE WORK COMPLETED. PUT IT OFF A LITTLE BIT LIKE, CAN WE GET EVERYTHING DONE BECAUSE WE STILL DON'T HAVE ANY PLANS OR ANYTHING BUT GET THE PLANS GOING HERE 90 DAYS.NOBODY WANTS TO BE IN COMPLIANCE MORE THAN OKAY, WELL AND COMPLIANCE IN THIS CASE MAY NOT NECESSARILY MEAN THE FINISHED JOB. IT MAY MEAN THAT YOU HAVE OBTAINED PERMITS. NECESSARY BUILDING PERMITS AND ARE UNDER CONSTRUCTION UNDERWAY. THE BUILDING CODE ACTUALLY GIVE YOU A PERIOD OF TIME WITHIN WHICH TO GET UM HOW YOUR JOB. UNDERWAY AND COMPLETED HAVE TO SHOW PROGRESS. SIX MONTHS AFTER INSPECTION, SO. I MEAN, IT CAN BE DONE. I THINK IF I GIVE YOU UNTIL THE END OF THE YEAR, WHICH IS A LITTLE MORE THAN 90 DAYS, WITHIN WHICH TO GET YOUR BUILDING PERMITS. YOU PROBABLY SHOULD BE FINE. OKAY, SO HI. I CAN ADJUDICATE THIS. I THINK BASED UPON THE TESTIMONY, I DON'T HAVE TO CONTINUE IT OUT, OKAY? I'M FINE, JUST SAYING THAT I'M GOING TO ORDER YOU TO COMPLY AND GET BUILDING PERMITS ON NO LATER THAN THE END OF, UH THE END OF DECEMBER. AND SO LET ME JUST TAKE NOTE HERE. 20. AND, UM, BASED UPON. TESTIMONY I'VE GOT IN FRONT OF ME AND AMENDED NOTICE OF HEARING WHICH I'M GOING TO MARK. AS EXHIBIT ONE.
I'VE GOT, UM. UNDER PRIOR NOTICE OF VIOLATION NOTICE. OF HEARING WHICH REALLY IS NOT RELEVANT ANY LONGER. SO I'M NOT GONNA NOTICE THAT I'M NOT GOING TO MARK THAT I HAVE YOUR EMAIL REQUESTING 90 DAYS TO ADDRESS RELEVANT ISSUES , MR WAGNER. I'M GOING TO MARK THAT AS EXHIBIT TWO. I'VE GOT A LETTER FROM PAUL WELSH. PROFESSIONAL ENGINEER. STATING THAT. AND REQUESTING 90 DAYS FOR WORK TO BE COMPLETED. BRING UP CURRENT CODE. I'M GOING TO MARK THAT AS EXHIBIT THREE. AND I'VE GOT A PHOTO OF THE PROPERTY WITH ATTACHED TO AN EMAIL. THAT IS FROM YOU THAT SAYS IN AN EFFORT
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TO KEEP THE PROPERTY LOOKING AS BEST IT CAN UNTIL WE'RE ABLE TO MOVE FORWARD WITH PAINTED THE PLYWOOD SIDING ON THE FRONT AND I'VE SPRAYED THE WEEDS AROUND THE HOUSE AND PERIMETER FENCE.SINCERELY, JEFF WAGNER THAT STATED SEPTEMBER 18TH. SO I'M GONNA MARK THAT AS EXHIBIT FOUR.
ANYTHING ELSE YOU WANT TO TELL ME? ALRIGHT, I THINK YES. EXCUSE ME, SIR. JUST JUST SO EVERYBODY UNDERSTANDS. AND IT MAY AFFECT YOUR DATE SOMEHOW. THE CURRENT BUILDING CODE THAT WE'RE UNDER UM EXPIRES. DECEMBER, 30TH. THE FIRST DAY OF THE NEW CODE, WHICH WILL GO INTO A WHOLE NEW COACH CYCLE. TRY ANNUAL AND THAT WILL BE DECEMBER 31ST SO IF YOU GET IT IF YOU GET YOUR PLANS, AND YOU APPLY FOR THE PERMIT BEFORE DECEMBER 30TH YOU'LL BE UNDER THIS CODE, AND IT WILL CONTINUE UNDER THAT CODE. THIS CODE, OKAY? JUST FOR CLARITY. YEAH YOU MAY WANT TO MAKE SURE THAT YOUR ENGINEER IS AWARE OF THAT. ALL RIGHT. GOOD. SO WITHOUT OBJECTION. I DON'T THINK YOU HAVE ANY OBJECTION. I'M GOING TO ACCEPT INTO EVIDENCE. VILLAGES EXHIBITS ONE THROUGH FOUR IN THIS CASE. BASED UPON THAT EVIDENCE AND YOUR TESTIMONY IN THE VILLAGES, TESTIMONY, I'M GOING TO FIND THAT VIOLATION. AS CHARGED DOES EXIST, AND REALLY, IT BOILS DOWN TO AN UNSAFE STRUCTURE CREATED BY WORK DONE WITHOUT PERMITS. IN ACCORDANCE WITH SECTION 12 17. WHICH BOOTSTRAPS THE FLORIDA BUILDING CODE SECTION, 105.1. AND THEN THEN THE UNSAFE STRUCTURE. 21.75 SO THOSE THOSE ARE THE FINDINGS ON I'M GOING TO ORDER COMPLIANCE OWNER BEFORE AH! DECEMBER 31ST 2023 FAILING WHICH THE FINDING THE AMOUNT OF $100 PER DAY WILL ACCRUE. AND HOW FURTHER ORDER COSTS. IN THE AMOUNT OF $150 TO BE PAID. TO THE VILLAGE. UM, AS SOON AS I ISSUED THE ORDER GOOD.
WHAT IS THAT ONE THAT COMES FROM AND THEY REQUEST? WELL. STANDARD OPERATING PROCEDURE. YEAH IT IS FOR THIS HEARING FOR. THE INSPECTIONS, THE INCONVENIENCE AND NO PROBLEM COSTS OF THE VILLAGE ENCOURAGED PAPERWORK. AND ALL THAT STUFF, SO THAT'S WHERE THAT COMES FROM. BUT BUT YOU WON'T BE FINE. IF YOU GET THE REST OF IT PUT TOGETHER BY THE END OF THE ALL RIGHT. THANK YOU VERY MUCH. OKAY? THE DEL CAMPO'S OKAY? AND SEE. I KNOW YOU WERE HERE. BEFORE.
OFFICER PEREZ. DEL CAMPO CASE. YEAH, NO JOKE. CAMPUS VINEYARD, RIGHT? IT WAS COMPLIED THAT LAST PROBABLY WAS. YES ALL RIGHT. AND THIS IS DIFFERENT. YES, OKAY. ALL RIGHT, UM SO WE'RE GOING TO HEAR FROM THE VILLAGE. AND THEN AND THEN. YEAH, AT THE END OF IT, UM, ASK YOU TO COME UP TO THE MICRO RIGHT. SO WHAT HAVE WE GOT? THIS IS CASE NUMBER 23 085. AH ROBERTO M AND PAULA DEL CAMPO. BUT SO MUCH MY NAME IS ROBERT PAROS. I'VE BEEN SWORN IN COMPLIANCE OFFICER FOR THE VILLAGE OF INDIAN TOWN. UM SO THIS CASE WAS INITIATED PROACTIVELY UPON MY DISCOVERY ON AUGUST 8TH OF 2023. UM THE RESPONDENTS. UM, MR AND MRS DEL CAMPELL. ARE PRESENT. THE CASE CONCERNS THE PROPERTY. 15123 SOFTWARES OKEECHOBEE DRIVE. IN THE INTEL, FLORIDA. UM, ACCORDING TO THE OFFICIAL RECORDS OF MARIN COUNTY PROPERTY APPRAISER IS THE PROPERTY OWNERS AS I STATED, OR MR AND MRS DEL CAMPO AND THAT'S BEEN MARKED BEFORE YEAR'S EXHIBIT ONE, OKAY?
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UM ON AUGUST, 8TH 2023 INSPECTED THE PROPERTY AND AT THAT TIME WE OBSERVED THE FOLLOWING VIOLATIONS. WE HAVE VIOLATIONS UNDER SECTION 91.32 ABANDONED SALVAGE OR JUNK PROPERTY.VIOLATIONS UNDER 21. 0.95 FOR SANITATION. 67.201 A FOR WEEDS AND UNDERGROWTH. 67.201 B FOR TRASH AND. 3-5 0.5 FOR OUTDOOR STORAGE. SO. DURING THIS INSPECTION, I PHOTOGRAPH THE PROPERTY. AND THE. THE PHOTOS MARK BEFORE YOU AS EXHIBITS. I BELIEVE IT'S TO A THROUGH IS THIS ONE THROUGH THE TV? UM. SO THE FIRST IMAGE ONTO A IS JUST AN AERIAL DEPICTION SHOWING THE PROPERTY OF CORNER LOT ON THE OKEECHOBEE DRIVE. UM GOING INTO TO BE WE HAVE TO DEPICTIONS. UM SO ONE OF THE MAIN ISSUES WE HAVE. IS THERE THESE OVERGROWN UM. YOU KNOW WEEDS THAT ARE THAT WERE PLANTED WITHIN THE RIGHT AWAY WITHIN THE CITY'S RUNAWAY. SO IF YOU LOOK AT THESE BUSHES AND. SO THERE'S THE FENCE ON THE BACK END. AND THEN YOU HAVE THESE LITTLE PLANTS AND BUSHES THAT HAVE BEEN THAT ARE KIND OF GOING CLOSER TOWARDS THE ROAD SO THAT THERE IS A VILLAGE RIGHT AWAY, AND IT'S PART OF OUR OUR DRAINAGE. UM AND. YOU KNOW, THEY PLANTED THESE PLANTS SO THEY'RE IN THE RIGHT AWAY. YES SIR. YEAH, THEY'RE IN THE SWELL AND SO THE BOTTOM IMAGE JUST KIND OF YOU'LL SEE THAT THERE'S A FEW LITTLE PLANTS, UM AND THEN. OVER BY THE STOP SIGN ON THE BOTTOM IMAGE, YOU'LL SEE THERE'S LIKE A LARGE BUSH THERE. THAT'S THAT'S JUST ALONGSIDE THE STOP SIGN. UM . AND I MEAN, ULTIMATELY, THE VILLAGE DOES HAVE THE JURISDICTION TO REMOVE THE PLANS IF WE NEEDED TO, BUT YOU KNOW, WITH THIS NOTICE OF VIOLATION, I KNOW SOME OF THEM DON'T APPEAR TO JUST BE YOUR TYPICAL WEEDS WANTED A LOT FROM THE OPPORTUNITY TO REMOVE THEM. FROM THE RIGHT AWAY WITHOUT THEM BEING DESTROYED. OKAY SO GOING INTO TO SEE, UM THERE'S A DEPICTION OF A INOPERABLE AND INOPERABLE SUDAN. IT'S LIKE A TOYOTA COROLLA. I MEAN, OBVIOUSLY, IT'S MISSING A FEW PIECES OF FRONT BUMPER. THE DEFENDER. UM AND THIS VEHICLE, AS YOU'LL SEE IN THE BOTTOM IMAGE IS DOESN'T HAVE A LICENSE PLATE OR ANYTHING. IT'S NOT REGISTERED. I'M NOT ENTIRELY SURE IF IT'S OPERABLE, BUT I'M GATHERING. YOU KNOW, LEGALLY, THEY WOULDN'T BE ABLE TO OPERATE THIS VEHICLE ON THE ROADWAY WITHOUT A TAG OR REGISTRATION.
UM. AND THEN GOING INTO TWO D. THERE'S TWO DEPICTIONS. THE BACK END SO THAT THE WHITE TRUCK AND THE HONDA CIVIC APPEAR TO BE OPERABLE HAVE VALID REGISTRATIONS AND TAGS. THERE'S AN SUV. ON THE BACK END, CHAMPAGNE OR GOLD COLOR SUV THAT IF YOU KIND OF LOOK CLOSELY ON THE FRONT END. THERE'S THE LONG STICK OF A JACK. AND THE VEHICLE IS CURRENTLY UP. I'M GATHERING.
THE VEHICLES IS INOPERABLE AND IT'S JUST BEING STORED WITHIN THE YARD THERE WITHIN PLAYING VIEW OF THE RIGHT AWAY. UM AND THEN THE BOTTOM IMAGE OF TWO DS JUST ZOOMED OUT THE PICTURE AND AGAIN SHOWING SOME OF THE PLANTS THAT ARE WITHIN THE RIGHT AWAY. THE PROPERTY. ALL RIGHT. SO FOLLOWING THIS, UH, THIS INSPECTION I ISSUED THE RESPONDENTS A NOTICE OF VIOLATION NOTICE OF HEARING. AH, FOR TODAY'S HEARING. AND THEY WERE GIVEN INTO AUGUST 22ND. TO FACILITATE COMPLIANCE. THE NOTICE WAS SENT VIA CERTIFIED MAIL. AND WAS POSTED ON AUGUST 16TH OF 2023 AND MY POSTING IN AFFIDAVIT OF SERVICE HAS BEEN MARKED BEFORE YOU AS EXHIBITS.
FOUR AND FIVE. FORGIVE ME IF I BRUSHED OVER THE NOTICE OF VIOLATION SHOULD BE MORE BEFORE YEAR'S EXHIBIT THREE. YES. AND SO WHAT I'LL ADD IS AS YOU STATED EARLIER PRIOR TO US EVEN
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COMMENCING WITH THE CASE, MR. AND MRS DEL CAMPO HAVE BEEN HERE BEFORE. UM SO THERE'S SITUATIONS A LITTLE BIT. A LITTLE DIFFICULT . UM THEY DO HAVE A YOUNG MAN. I'M NOT ENTIRELY SURE I'D LIKE TO LET THEM GIVE THE CLARIFICATION ON WHO HE IS TO THEM, BUT HE DOES RESIDE ON THE PROPERTY WITH MR AND MRS DEL CAMPELL. AND FROM WHAT I UNDERSTAND IS THE I WOULD CONSIDER HIM TO BE THE PRIMARY VIOLATOR. UM, HE'S THE ONE THAT'S TAKEN IT UPON HIMSELF TO PLANT THESE PLANTS ALONG THE RIGHT OF WAY, AND HE'S ALSO THE INDIVIDUAL THAT'S MAINTAINING THESE INOPERABLE. VEHICLES AND I KNOW I'VE SPOKEN WITH MR AND MRS DEL CAMPBELL'S ONE OF THEIR DAUGHTERS, AND THEY'VE EXPRESSED CONCERN WITH THIS GENTLEMAN. UM REALLY, ULTIMATELY, ALL I COULD RECOMMEND IS, YOU KNOW THAT THEY PURSUE AN EVICTION PROCESS TO HAVE THE GENTLEMAN REMOVED FROM THE PROPERTY. UM BUT UNFORTUNATELY SEEING AS MR AND MRS DEL CAMPO ARE LISTED ON THE TAX ROLL, THERE'S A VIOLATION THERE. HE WOULD ULTIMATELY BE RESPONSIBLE. UM. VIOLATIONS THAT CAMPUS HAD PRIOR TO THIS OR ANY OF THEM THAT SAME YES, YES. THE ABANDONED VEHICLES AND THE WEEDS AND OVERGROWTH. AND SO WITH THAT BEING SAID, UM I HAVEN'T SEEN ANY CHANGE IN THE PROPERTY. UH SINCE THE INITIAL INSPECTION ON. OR RATHER, SINCE MY LAST VISIT ON THE SITE UM SO BASED UPON MY TESTIMONY AND EVIDENCE, I REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY WITH DECIDED PROVISIONS. THE VILLAGE CALLED, I WOULD SAY WITHIN THE NEXT 30 DAYS. UM. AND IF NOT IN COMPLIANCE BY THEN BE REQUIRED TO PAY A FINE IN THE AMOUNT OF $100 PER VIOLATION FOR EVERY DAY. THE VIOLATION CONTINUES THEREAFTER. IN THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS IN THE AMOUNT OF $150 CONDUCTING THIS INVESTIGATION, AND WE REQUEST THAT THE VILLAGE BE REIMBURSED THIS AMOUNT. AT THE CONCLUSION OF TODAY'S HEARING.AND THEN AT THIS TIME, THIS WILL CONCLUDE MY TESTIMONY. OKAY? THAT'S FOR MRS DEL CAMPO. WE HAVE A MICROPHONE. YOU CAN JUST SIT RIGHT? ALRIGHT, SO. IF YOU RAISE YOUR RIGHT HAND, YOU SWEAR, AFFIRM. TESTIMONY ABOUT THERE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. AND YOUR FULL NATION. ROBERTO MARTIN DEL CAMPO. CAMPBELL. THANK YOU. ALRIGHT THEN. YOU ARE THE OWNERS OF THE PROPERTY, RIGHT? OKAY? I. YOU HEARD WHAT THE VILLAGE HAS TO SAY. DO YOU HAVE ANYTHING YOU WANNA TELL ME ANYTHING YOU WANT TO. SO YOU'VE GOT THIS SITUATION WHERE YOU'VE GOT SOMEONE LIVING ON THE PROPERTY. AND HIT IT THAT PERSON. YOUR GRANDSON. OKAY? WHO? WHO HAS. ALL RIGHT. HE'S DONE ALL THE PLANTING. HERE AND THOSE ARE HIS VEHICLES. THE WAY, RITO, OKAY? SO YOU'VE GOT YOU REALIZE THAT YOU'VE GOT SOME RESPONSIBILITY HERE BECAUSE IT IS YOUR PROPERTY. OBVIOUSLY NO, THE THING THAT'S THAT'S REALLY DIFFICULT. IS THAT A COUPLE OF THESE VIOLATIONS ARE REPEATED VIOLATIONS. AND I NEED TO TELL YOU REPEAT VIOLATIONS WILL TELL YOU IN A MOMENT. I MEAN, JUST GET BACK THERE. THE 91.32, WHICH IS THE ABANDONED SALVAGED JUNK VEHICLES. THAT'S WHERE WE'RE TALKING, WAITING ON PEOPLE TO COME JUNKYARD OR SOMEBODY TO COME PICK HIM UP. THEY HAVEN'T DONE IT. BUT THEY'RE ON THE SIDE OF THE ROAD TO BE PICKED UP, INCLUDING HURTS. OKAY STEW OF DO YOU HAVE YOUR TITLES FOR THE FOR THE VEHICLES. YOU DO HAVE THE TITLE. SO THAT YOU CAN GIVE THAT TO WHOEVER IS PICKING PICKING IT UP. ALL RIGHT. AND HAVE YOU CONTRACTED FOR THAT? NO, WE'RE JUST TALKING ON THE PHONE. THAT'S ALL. OKAY? YOU NEED TO MAKE. UH, ARRANGEMENTS FOR THAT PRETTY SOON. THE SECOND VIOLATION. THAT'S A REPEAT
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VIOLATIONS THIS WEEDS AND UNDERGROWTH THE 67.201, A COUNTY CODE, WHICH. APPARENTLY YOU WERE CHARGED WITH AND FOUND GUILTY RAIN ACROSS IT. THE DIRT RUN OUT OF. ROLLING IN. I GOTTA RUN WENT ON THE BOTTOM WITH YOU, RIGHT? IT IS NOW. ALRIGHT JUST KNOW THAT A REPEAT VIOLATION UNDER THE LAW. SUBJECTS YOU TO A POSSIBILITY OF $500 FINE. THE FOURTH. I'M NOT GOING TO LEVY, BUT BUT IT IS POSSIBLE. AND SO YOU HAVE. YOU HAVE TO BE REALLY, REALLY CAREFUL WITH YOUR PROPERTY. I MEAN, I DON'T I DON'T KNOW HOW TO TELL YOU THAT ANY MORE THAN WHAT I'M SAYING.COUNTY HAD SOMETHING TO DO WITH THAT, BECAUSE THAT'S OUTSIDE OF MY FANS. IT'S NOT INSIDE IF IT'S IN THE PUBLIC RIGHT OF WAY. THEN THEN THEY MET. BUT AGAIN, THAT'S A CONVERSATION THAT YOU NEED TO HAVE WITH THE VILLAGE. OKAY, SO NOW YOU DO. YOU KNOW HOW TO REACH OFFICER PEREZ, DO YOU? YES, I DO. OKAY? TELL YOU WHAT. I'M I'M GOING TO FIND THAT, UM, THAT THE VIOLATIONS AS CHARGED TO EXIST ON THE PROPERTY. AND I'M GOING TO ORDER YOU TO COMPLY. ON THE VILLAGE HAS ASKED FOR 30 DAYS. THAT WOULD TAKE YOU. TWO. THE MIDDLE OF OCTOBER . I'M GOING TO GIVE YOU UNTIL THE END OF OCTOBER. SO OCTOBER 31ST. TO COMPLY. FAILING, WHICH . I'M GOING TO ASSESS A FINE IN THE AMOUNT OF $100 PER VIOLATION PER DAY. SO YOU NEED TO TAKE CARE OF IT. I AM GOING TO AWARD COSTS IN THE AMOUNT OF $150 TO BE PAID TO THE VILLAGE. WHEN I PRODUCED THE ORDER WHEN YOU GET A COPY OF THE ORDER THAT'S GOING TO TELL YOU GO PAY THE 100. ALRIGHT IN THE MEANTIME. YOU NEED TO DO WHATEVER IT IS, YOU NEED TO DO TO GET RID OF THOSE ABANDONED VEHICLES AND TO CLEAN UP THE PROPERTY. GET RID OF THE WEEDS. AND GET THAT. TAKING CARE OF ALONG WITH THE TRASH AND ANYTHING ELSE THAT'S AROUND THE PROBLEM. ALL RIGHT. WELL, THAT'S THE THAT'S THE STORY. ANY QUESTIONS FOR ME? NONE. ALL RIGHT? ALL RIGHT. GOOD. WELL, THANK YOU, AND I'LL GET THE ORDER OUT TO YOU. SHORTLY. ALL RIGHT. GOOD LUCK. ALL RIGHT. OKAY? WE'LL GO BACK UP TO THE TOP OF BOTH WE DO HAVE OUR SPECIAL SET CASE. UM OH YES, CABRERA CASE. MHM. MR. PEREZ IS HERE. YES, THANK YOU. THIS IS CASE NUMBER 22-061 EDDIE, COMPARE A AND CANTERO SURPRISED.
OKAY? LET'S HEAR FROM THE BOAT. UM SO WE HAD A AGAIN. OFFICER PEREZ BEEN SWORN IN. AND I'M AN OFFICER WITH THE VILLAGE OF INDIAN TONE. UM SO WE HAD A NOTICE OR RATHER A FINAL ORDER THAT WAS ISSUED. ON THIS CASE, UM AND IT WARRANTED COMPLIANCE. FORGIVE ME. I KNOW YOU HAVE IT THERE. BEFORE YOU TOO. OKAY? ALRIGHT. FINAL ORDER REQUIRES COMPLIANCE.
FOR BEFORE. FOR APRIL 21ST 2023. YES, SIR. SO WHAT'S WHAT'S GOING ON? SINCE THEN, YOU HAVE A SET OF DEPICTIONS THAT WERE TAKEN SHORTLY AFTER APRIL. UM. SOMETIME IN MAY THAT SHOW THE WORK THAT THE RESPONDENT HAD DONE. UM NOW I HAD MET WITH THE RESPONDENT, UM PRIOR TO TODAY'S HEARING. AND, UH, AND HAD. HANDED HIM A WE HAD DISCUSSED HIM BEING HERE. WHY HE'S NOT
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HERE TODAY. I'M NOT ENTIRELY SURE. UM I HAVEN'T HAD THE OPPORTUNITY TO COMMUNICATE WITH HIM. UM BUT IN ANY EVENT, UH THE ISSUE AT HAND. AND WE HAD WE HAD COME HERE. UM I'M NOT ENTIRELY SURE IF SHE WAS ON THE DOCKET. I THINK MS PEREZ WAS JUST HERE, UH , OBTAINING A STATUS AND WE DISCUSSED THAT. THE WORK THAT MR CABRERA HAD DONE, BUT BEAR IN MIND, MISS PRESENT WAS A WITNESS IN THE CASE AND THE ADJACENT PROPERTY. YES, YES, YES, YES. UM AND SO IN THOSE DEPICTIONS THAT YOU HAVE BEFORE YOU YOU'LL SEE THAT MR CABRERA MOVED THE FENCE. UM IT WAS MOVED 2 FT TOWARDS HIS SIDE. UM, WHAT HASN'T BEEN REMOVED? ON MS MARIA SIDE ARE A SET OF BRICK PAVERS. THAT HE HAS WITHIN HIS YARD. AND THEN THE DIRT OR WHATNOT HASN'T BEEN FILLED IN TO LEVEL OFF. FOR HER PORTION OF THE PROPERTY. UM NOW THE ISSUE THAT WE HAVE IS MS MARIA. HAD A CONCERN THAT HE HADN'T I GUESS MOVED THE FENCE. AH FOREIGN OF NOT PERCEIVED A TWO TOWARDS HIS END, THE 2 FT BUT FAR ENOUGH. UH, UM, IF WE'RE TALKING LENGTHWISE, I DON'T. I'M NOT SURE IF YOU'RE FOLLOWING ME AND WHAT I'M STATING, BUT I THINK SO, YEAH. I MEAN, I CAN SEE IN THIS DEPICTION, WHICH LET'S MARK IT AS SOMETHING. LET'S SEE IF YOU ORDER THAT'S MARK THAT AS EXHIBIT ONE, YEAH.AND THEY. FIRST PHOTO MARKETS EXHIBIT TWO. AND THE SECOND PHOTO WILL MARK IT. EXHIBIT THREE. AND COPY OF THE I'M NOT GOING TO TOUCH IT BECAUSE IT'S A SEALED SURVEY. BUT THAT WOULD BE EXHIBIT SO, YEAH, AND SO. SO, AS I STATED, I SPOKE WITH MR RIVERO LOOKING AT EXHIBIT TWO AND WHAT YOU'RE SAYING YES. THAT THAT THE MOVEMENT OF THIS FENCE WASN'T FOR ENOUGH EXACTLY. ACCORDING TO YOU KNOW WHAT? WHAT MS MARIA IS SUSTAINING. UM, NOW THE DIFFICULT PART. FOR ME ON THIS CASE AND IS BEING ABLE TO DETERMINE HOW FAR MR COBRA NEEDS TO BRING THAT PANEL. IN ORDER TO BE IN COMPLIANCE WITH THE ORDER. NOW THAT SURVEY AND I JUST ADDED IT TO THE RECORD. IT WAS RECENTLY BROUGHT TO ME BY MS MARIA PEREZ. SHE HAS HAD HER PROPERTY RE SURVEYED AGAIN. OKAY AND IT IS STATING THAT THERE IS A DISCREPANCY OF APPROXIMATELY 4 FT. UM WHICH WAS THE ORIGINAL? REALLY? THE ORIGINAL ARGUMENT? UM WAS WAS 4 FT. AND THEN THAT WAS WHEN MR CABRERA GOT HIS SURVEY AND WE HAD IT HARMONIZED AND WE CAME TO THE DETERMINATION THAT THERE WAS ABOUT 2 FT.
DISCREPANCY WHERE HE WAS IMPEDING ON HER PROPERTY. BUT. MIKE SO HERE'S MY CONCERN, AND I'D LIKE TO SEE IF MAYBE YOU COULD. LEND SOME DIRECTION IS WE HAVE THE ORDER. WE HAVE THE FINAL ORDER THAT'S INSTRUCTING MR CABRERO TO MOVE THE FENCE, 2 FT HIS WAY. UM WHICH, IN HIS OPINION HE'S ALREADY DONE AND HE'S OF THE OPINION THAT HE'S WITHIN COMPLIANCE. AND I WISH HE WOULD HAVE BEEN HERE TOO. YOU KNOW, FACILITATORS TESTIMONY, BUT MY CONCERN IS, IS THAT EVEN IF HE WERE TO MOVE THE FENCE, THAT PANEL LET'S SAY FURTHER DOWN. SO IT MET. HER HER PROPERTY LINE. I GUESS WHAT WOULD BE THE FURTHEST SOUTH? POINT OF HER PROPERTY LINE.
THERE'S STILL THE CONCERN. SHE STILL HAS THE CONCERN AND THAT OBVIOUSLY, SHE COULD SPEAK FOR HERSELF AS WELL THAT HE'S STILL IMPEDING ON HER PROPERTY BASED ON THE NEW SURVEY THAT SHE'S ATTAINED. ALRIGHT. HI. THIS DOESN'T. DOESN'T REALLY. ILLUMINATE THE ISSUE VERY MUCH BECAUSE WE'RE BACK WHERE WE WERE . WE HAVE COMPETING SERVANTS. AND. AND THIS CLEARLY SHOWS AN ENCROACHMENT OF THE FENCE ON YOUR PROPERTY. MR. RIGHT? I MEAN , I CAN COME LOOKING AT IT. I
[01:15:01]
CAN SEE IT. AND THERE THERE IS AN ENCROACHMENT. WHEN YOU LOOK AT AND I DON'T HAVE IT IN FRONT OF ME DO THOSE MOST RECENT SURVEY. THAT WAS PRODUCED BYE. YEAH COME ON UP BY BY THE RESPONDENT. UM, THANK YOU SO MUCH. YES, IT DOESN'T. SHOW THAT SAME ENCROACHMENT. SO. LET ME JUST TELL YOU, HE SWEAR OR AFFIRM TESTIMONY ABOUT THE GIVE WILL BE THE TRUTH. THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. SO YES. THIS SURVEY DATED. IT'S FIELD SURVEY DATE OF JULY 20TH 2023. YOU RECOGNIZE THE DOCUMENT? YES, THAT'S FROM MAY I LOOK? IS FROM YES. CHRISTIAN FENIX. YES. THAT SURVEYOR AND IT'S. CERTIFIED TO YOU FOR MARIA PEREZ, RIGHT? RECOGNIZE THE SURVEY. AND DID YOU COMMISSIONED A SURVEY? YES. RIGHT AND. UM AND YOU'RE THE ONE THAT ACTUALLY GAVE IT TO THE VILLAGE. SO I, YOU KNOW, I'M LOOKING AT IT. CHOSEN ENCROACHMENT. NO QUESTION. THEN WHEN I GO BACK AND LOOK AT. THE SURVEYS THAT WERE PRODUCED EARLIER. SURE I'M LOOKING AT THE RIGHT ONE. YOUR LOT 31 MEANS A LOT 23. THERE'S LOT 31. AND THIS ONE SHOWS THE.ENCROACHMENT. UM TO BE IN ABOUT 4 FT.
THE ONE THAT WAS PRODUCED. BY GRIT AND LAND SURVEY. THE REVISION DATE WAS 84 22. AS THE FENCE. COMPLETELY WITHIN HIS PROPERTY. AND THEN. AND I GUESS THIS WAS THE ONE THAT YOU HAVE PRODUCED. CASINO. THIS WAS FIGHTING THIS ALONE. IF I MISS IT. I KNOW WHAT YOU'RE LOOKING AT THAT, UM YES, THIS IS MY THIRST SOMEBODY THAT I HAVE AND TO ME, THEY ALL HAVE THE SAME ENCROACHING FANS THAT HE HAS YOU KNOW? SO, UM, I JUST WANT WHAT'S RIGHT. YEAH, I UNDERSTAND. BUT I AND. THE PROBLEM IS SWIMMING. JUST SEE, I'M NOT SURE THAT I'VE GOT THE LATEST YEAH, I GOTTA I DON'T THINK I HAVE THE LAST SURVEY. LEARN TO SEE HERE. IN FACT, I THINK I HAVE THE TWO SURVEYS THAT CAUSED THE PROBLEM IN THE OH, FROM THE WRITTEN. YEAH I BELIEVE THAT'S THE COMPANY THAT DIDN'T EVEN WANT TO COMPLY WITH AN ANSWER NICOLE OR ANYTHING IN LAST DECEMBER, MHM YEAH, THAT'S WHY I WENT AHEAD AND HIRE ANOTHER COMPANY TO COME OUT. DO NOT FALL. YOU KNOW THAT ONE'S NOT GONNA THANK YOU. WELL. IF I MAY. OBVIOUSLY WE'RE NOT GOING TO RESOLVE THIS TODAY.
BECAUSE WE REALLY DO NEED THEM HERE, AND I NEED TO LOOK AT THE SURVEY THAT WAS DONE LAST BUT BY BRITAIN. WHEN I ASKED HIM TO HARMONIZE THE TWO. YES THAT HE HAD DONE THAT. HE NEVER CAME INTO ANYTHING FROM ME, THOUGH. AND THAT'S WHY WHEN I HIRE ANOTHER COMPANY BECAUSE HE NEVER CAME OUT. AND LOOKED AT MY PROPERTY BACK AGAIN. AND FROM WHAT I REMEMBER LAST TIME, HE NEVER EVEN REACH OUT OR ANY THINKING. EVERYONE CONTACT CONTACTED YOU, BUT I AND I DON'T KNOW HIS MEANS OR METHODS OF HOW HE HOW I PERFORMED THE WORK, BUT I AM. WHAT ARE YOU ASKING ME TO DO WAS RIGHT. BUT LIKE I SAID, OH, MY THREE SURVEYS SHOWS THE 4 FT. I JUST WANT WAS RIGHT. AND ALSO I KNOW MR PLUS SAID THAT, UM THEY STILL HAVEN'T MOVED, UM THE REST OF THE FENCE, WHICH IS
[01:20:05]
TRUE. HE ALSO HAS THE METAL AND PLYWOOD. THAT IF YOU CAN SEE ON THE AND ALL THOSE PEOPLE WITHOUT . RIGHT NOW. IT'S KIND OF ONE SIDED. LET ME TAKE THIS. AND WHAT THE VILLAGE ACTUALLY USE IT. HAVE YOU BEEN BACK OUT TO THE PROPERTY IF YOU LOOKED AT ME, OBVIOUSLY, I LOOKED AT THIS . I LOOKED AT THE I LOOKED AT THAT. UM, I HAVEN'T BEEN PHYSICALLY BACK OUT THERE WITH THE EXCEPTION OF WHEN I MET WITH MR CABRERA. RIGHT WELL, APPARENTLY, I MEAN, THIS LOOKS LIKE IT'S SHORT ON THE SURVEY. IT SHOWS AS BEING I DON'T KNOW. UM ABOUT 8 FT. SHORT. WHERE IT WAS SUPPOSED TO GO. YOU MAY SAY ALSO FROM THIS SURVEY THAT I JUST GOT. I KNOW THE SURVEYORS.I WENT TO BASIC ROBERTA SO THEY CAN SEE. UM WHERE WAS THE ROD? MICHAEL ON THE RIGHT AND IT'S IN HIS SIDE. AND THEY NOTED DOWN THERE THAT IS THERE AND THEY DON'T HAVE THE NUMBER OF THE SITE SURVEY. MARK YES, IT'S UM THERE. IF I MAY I CAN WALK OVER AND SHOW YOU OKAY? THAT CORNER.
RIGHT? OKAY? I GOT IT. UM. BASICALLY YOU'RE YOU'RE YOU'RE SAYING THAT HE'S STILL NOT IN COMPLIANCE? YES I SAID THAT. AND I BELIEVE FROM ALSO LAST TIME HERE LIKE 23 MONTHS AGO, I THINK YOU DID HAVE MENTIONED TO MR ROBERT, IF HE COULD FIND SOMEBODY THAT CAN GO OUT THERE AND HELPING MY WITH A YOU KNOW, LOOKING AT THE CORNERS AND ALL THAT BECAUSE I KNOW, HE SAID.
HE'S NOT REALLY FAMILIAR WITH THAT. AND I BELIEVE YOU MENTIONED THAT THAT HE NEEDED TO FIND SOMEBODY TO DO THAT. OR TO HELP THEM OUT TO I DON'T KNOW WHO IS THE OTHER CODE OF PERSON? MAYBE THEY CAN. I MEAN YEAH, THAT THAT MAY BE POSSIBLE. NOW I AM LOOKING AT THE SURVEY. DATED 1 16 23 REVISED. AND. THE WAY I CAN JUST KEEP SAYING IT'S THE RODS FROM MY CORNER IN HIS PROPERTY, SO THERE THERE THERE, YOU SEE THEM, AND IT ALSO SHOWS INCIDENTALLY, AN ENCROACHMENT.
SO. SO YES, I MEAN THIS. THIS SHOWS THE ENCROACHMENT. THIS SHOWS THE ENCROACHMENT, I THINK YOU HAVE ENOUGH TO GO BACK OUT THERE. AND YOU ARE BECAUSE, AND I DON'T MEAN AFFIDAVIT.
COMPLIANCE HAVE YOU? NO NO, NO, NO, NOT AT ALL CASES STILL OPEN . WE REALLY WAS REMAINING IS, UH IS AN IMPOSITION, YOU KNOW TO CERTIFY THE FINE, BUT. MY QUESTION IS IN THE SURVEY.
THAT'S HARMONIZED. WE HAVE A DISCREPANCY OF ABOUT 2 FT. ALMOST 2.5. AND THE AND THE HARMONIZED SURVEY HER SURVEY STATING THAT THERE'S AN ENCROACHMENT OF 4 FT. AND, UH AND THAT'S WHERE I JUST WANT TO BE. CLEAR ON. BECAUSE INITIALLY WHAT I ADVISED MS MS PEREZ WHEN SHE PRESENTED ME WITH THIS NEW SURVEY. WAS THAT IF YOUR ORIGINAL FINAL ORDER. I BELIEVE STATES. THE 2 FT. I DON'T SEE THE 4 FT. I MEAN, I'M LOOKING AT THE NEW SURVEY AND I'M LOOKING AT THE SURVEY FROM JANUARY. THEY THEY ACTUALLY SEEM VERY SIMILAR AS FAR AS THE CORNER MARKS. UM.
AND EVEN THE ONE IN JANUARY DOES SHOW THE ENCROACHMENT ONTO MISS PRESS PROPERTY SO I MEAN, I DON'T. I DON'T THINK THAT'S. NECESSARILY ANY LONGER THE ISSUE . I THINK IT'S CLEAR BY BOTH OF THESE, AND THEY MAY BE AWFUL LITTLE BIT. I MEAN, THE RODS. ARE THERE LIKE THAT SURVEY OF SAY, THOSE ARE ALWAYS THERE WERE THEY ARE THEY CONCRETE? THERE'S SOME METAL THINGS DIDN'T GO LOOK, THEY'RE THE ONES IT'S ON THERE. THEY SAY IT'S THERE, HE SAID. IT'S THERE IS ONLY PROPERTY. DO THE CAR LIKE THEY SAID, EVERY TIME LOTS OF LIKE THAT THEY ALL HAVE DONE HE GOES
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IS FROM THERE. ALL RIGHT, SO THE VILLAGES ASKING ME TO CERTIFY A FINE IN THIS CASE. THAT I MEAN, I FEEL LIKE WE CAN'T GO FORWARD WITH IT WITH I MEAN, I WOULD FEEL LIKE MR CABRAL. IT SHOULD SHOULD BE PRESENT AND HAVE GOOD SERVICE ON HIM FOR TODAY, SO I HAND DELIVERED. I DON'T HAVE AN AFFIDAVIT OF SERVICE OR ANYTHING LIKE THAT. MY INTENTION WAS TO HAVE HIM HERE TO DO AN AFFIDAVIT NOTE SERVANTS. I COULD. YES BECAUSE YOU DID, IN FACT HAND DELIVER. YES. YES, UM RIGHT? I MEAN, I IT'S JUST BECAUSE IT'S NOT IN FRONT OF ME DOESN'T MEAN THAT I COULDN'T ACCEPT A I MEAN, YOUR YOUR TESTIMONY IS THAT YOU DID HAND DELIVER IT ON ONE DAY. IT WOULD HAVE BEEN SEPTEMBER.LOT OF MACHINE HERE IS THE BEGINNING OF SEPTEMBER. YOU NEED TO LOOK AT YOUR RECORD. AND WHAT DID YOU HAND DELIVER? IT WAS A RE CERTIFICATION ON NOTICE OF VIOLATION RE CERTIFYING THE CASE FOR TODAY'S DATE. UM, AND IT WOULD HAVE BEEN SEPTEMBER 1ST THAT FRIDAY. IS WHEN I PASSED BY HIS PROPERTY. UNDER ONE. UM. WELL, HE WAS ORDERED TO COMPLY. BY APRIL. 21ST AND. AND CLEARLY AS A DISCREPANCY. WHAT HE'S DONE. AND WHAT THE SURVEY APPEARS TO SHOW. SO. THERE IS NO AFFIDAVIT COMPLIANT. THE NEXT THING THAT YOU MAY WANT TO DO. HIS, UM ACTUALLY, UM GIVE.
PRODUCE AN AFFIDAVIT OF NONCOMPLIANCE. AND, UM AND THEN BRING THAT BACK. IN AN OCTOBER 4. CERTIFICATION. I KNOW WHAT THAT WILL DO IS I'M GOING TO SET THE FINE BY BASED ON THE NUMBER OF DAYS. AND THEN IT WILL ACTUALLY PROVE GO AS A LIEN AGAINST HIS PROPERTY, RIGHT? YES I DO. HAVE SOME NOTES BACK ON, UM, FROM THOSE PICTURES ARE FROM MAY 5TH AND SIX BECAUSE THAT'S THE TIME WHEN HE MOVED THAT FENCE, AND I REMEMBER LETTING HIM KNOW THIS IS WHEN HE DID IT.
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
OKAY? LET'S GO BACK UP TO THE TOP OF THE BATTING. THIS IS THE SKY. WE SING LLC, AND IT'S A
[01:30:01]
REQUEST FOR A CONTINUE. CASE NUMBER 23.080. SO THIS PROPERTY IS REGARDING A THE ADDRESS OF 12848 SOUTHWEST IMPACT DRIVE. CITY OF INDIAN TOWN, FLORIDA. SO WHAT'S GOING ON HERE IS, UM THE . COMPANY HERE, THE OWNER, SKY LEASING LLC. UH UM, HAVE STARTED OPERATING ON THIS VACANT INDUSTRIAL LOT. UM THEY'VE THEY DID FALL FOR A PERMIT AND HAD THE PROPERTY FENCED THEN, BUT THEY HAVEN'T FILED. FOR AH, A MAJOR. AND OR MINOR CYCLONE. OKAY IN ORDER TO COMMENCE WITH WHAT IT IS THAT THEY'RE DOING ON THE SITE, SO THEY'RE STORING COMMERCIAL. AH. TRAILERS AND, LIKE 18, WHEELER TRUCKS AND THE STORAGE CONTAINERS, OKAY IT AS A STORAGE SITE FOR THAT, UM SO THEY HAVEN'T BEEN IN THEY NOW WHAT'S GOING ON SINCE THEN, IS I'VE BEEN IN COMMUNICATION WITH THE REPRESENTATIVES, UM FROM SKY LEASING, AND THERE WERE ORGANIZING A MEETING THEY WERE OUT OF TOWN AND MORE UNABLE TO B AND, UNFORTUNATELY TO MEET WITH OUR COMMUNITY ECONOMIC DEVELOPMENT DIRECTOR TO UNDERGO GET THE PROCESS GOING ON. WHAT KIND OF MAJOR MINOR SITE PLAN APPROVAL THEY'RE GOING TO NEED IN ORDER TO YOU KNOW? COMMENCE YOU KNOW WHICH THEY'RE GONNA NEED, SO THAT'S WHAT WE REALLY WANT TO SIT DOWN AND GET GUESS AND UNDERSTANDING OF THE ENTIRETY OF WHAT IT IS THAT THEY'RE DOING REALLY ALL ALL WE HAVE IS WHAT WE'VE SEEN ON THE SITE, BUT I GUESS THERE'S CERTAIN REQUIREMENTS THAT THEY'RE GOING TO NEED TO MEET PRIOR TO OBTAINING. ANY SORT OF APPROVALS, WHICH WAS EXPRESSED TO ME BY ONE OF OUR ZONING OFFICIALS. SO IN ANY EVENT WE WANT TO. WE WANT TO GET THEM. SEEING AS THIS COULD BE A LITTLE BIT OF A PROCESS. GETTING THESE APPROVALS AND WE WANT TO GIVE THEM ABOUT A 90 DAY CONTINUANCE.SO WE CAN GET THEM IN AND THEN WE CAN GET THE APPLICATION UNDERWAY AND LET IT UNDERGO ITS PROCESS. YES, SIR. SO LET'S SEE THAT WOULD PUT THEM COMPLETELY MISSED THIS ONE. JANUARY HEARING. YEAH. JANUARY. 16TH 2024.
SO YOU'VE GOT. COUPLE MORE VIOLATION HEARINGS. THE CHURCH OF GOD. YEP. ALL RIGHT. UM.
AGAIN MY NAME IS OFFICER PEREZ VILLAGE OF INDIAN TOWN COMPLIANCE. UM SO THIS IS CONCERNING THE PROPERTY AT PARCEL NUMBER 0540. 39006. 000109. UM AND THE OWNERS HAVE BEEN IDENTIFIED AS THE CHURCH CHURCH OF GOD. THEY ARE NOT PRESENT. ACCORDING TO THE
[01:35:04]
OFFICIAL RECORDS OF MORTON COUNTY PROPERTY APPRAISERS, THE PROPERTY OWNER IS THE CHURCH OF GOD. AND IT IS THAT HAS BEEN MARKED BEFORE YOU THE PROPERTY APPRAISER RECORD AS EXHIBIT ONE.ON AUGUST 8TH OF 2023 AND INSPECTED THE PROPERTY. AND AT THAT TIME I OBSERVED, UM THE FOLLOWING CODE VIOLATIONS. WE HAVE VIOLATIONS UNDER 27, OR 21.7 PERMITS 21.95 SANITATION.
67.201 A WEEDS AND UNDERGROWTH. 67.201 BE TRASH. AND SECTION 91.32 ABANDONED SALVAGE AND JOHN'S PROPERTY. KNOW WHAT I CAN SAY IS THIS SITE IS SIMILAR TO THE FIRST CASE THAT WE HEARD AT TODAY'S HEARING WAS A RESULT OF A UTILITY EASEMENT INSPECTION WITH OUR PUBLIC WORKS AND UTILITY DIRECTOR. THE PROPERTY ITSELF IS A IS A LARGE BACON LOT. UM AND IF WE GET INTO THE DEPICTIONS AND EXHIBIT TWO, A YOU'LL SEE THE AREA INSIDE. IT'S FAIRLY LARGE LOT. THEY'RE JUST OFF OF WAR FIELD. AND. SO THE RED LINES ARE MARKING OFF THE PERIMETER OF THE LOT ITSELF. AND THEN THE YELLOW CIRCLE IS JUST HIGHLIGHTING WHERE THE UTILITY EASEMENT IS LOCATED. IF YOU LOOK BYE TO YOU. YEAH, UM AND SO GOING ON INTO IF WE GO INTO. TWO BE, YOU'LL SEE. THERE'S A SERIES OF EQUIPMENT. WE HAVE VEHICLES THAT ARE NOT ONLY BEING MAINTAINED ON THE VACANT LOT, BUT ALSO BEING PART WITHIN THE UTILITY EASEMENT. IN TWO B. YOU HAVE THESE WHITE. DRAPES APPEAR TO BE THE TOP THERE. I GUESS THEY BELONG TO A TO ATTEND. AND THEY'VE JUST BEEN STORED THERE FOR QUITE SOME TIME. AND THEN THE STORAGE THE LARGE COMMERCIAL STORAGE CONTAINER THAT IS VERY KNEW THAT THAT WAS INSTALLED THERE. UM. PROBABLY A FEW DAYS BEFORE THE INSPECTION OF ACCORDING TO THE RESPONDENT. THEN HAVING OBTAINED THE PERMIT OR ANYTHING. THEY'RE JUST USING THAT AS A AS A SHED PER SE JUST TO STORE ADDITIONAL EQUIPMENT. UM IF YOU LOOK INTO THE BOTTOM IMAGE. TO BE THERE'S A WHITE SMALL, WHITE DEEP FREEZER. SO THAT DEEP FREEZERS IS FULL OF MEAT. AND IT'S NOT OPERABLE. WHICH IS WHERE THE SANITATION VIOLATION COMES INTO PLAY. IT'S JUST FILLED TO THE TOP WITH ROTTEN. ME UM I DIDN'T WANT TO OPEN IT ANY FURTHER TO TAKE PHOTOS OF WHAT WAS THE CONTENTS IN IT, BUT YEAH, IT'S. YOU KNOW , IT'S PRETTY ROUGH. THEY JUST HAVE ME BEING STORED IN THERE. UM GOING INTO TO SEE UM SO THESE THIS TRAILER THAT YOU SEE HERE, UM IS NOT IT'S NOT TAGGED. AND. UH AND IT'S PARKED WITHIN WHAT WOULD BE THE UTILITY EASEMENT.
AND AS WELL AS THESE VEHICLES. THESE THESE THESE VANS ON THE FURTHER END OF THE IMAGE OR TAGGED AND REGISTERED. BUT THEY'RE PARKED WITHIN. WHAT IS THE UTILITY EASEMENT ON THAT SITE? IT ALL MAKES SENSE. AND IF WE GO DOWN TO THE BOTTOM IMAGE OF TO SEE SO YOU'LL SEE. THEY KIND OF BUILT SOME BRICK PAVERS AND THEN ASPHALT DRIVEWAY. NONE OF THIS WAS PERMITTED. THIS WAS ALL DONE WITHOUT PERMITS. AND OBVIOUSLY THEY BUILT INTO THE UTILITY EASEMENT WITH THE BRICK PAVERS. UM, AND THE BLUE BUILDING ON THE BACKSIDE. IS A SEPARATE PROPERTY. THAT'S THE ACTUAL CHURCH. AND WHAT THEY'RE DOING IS USING THE VACANT LOT AS AN EXTENSION AS ALMOST LIKE A PARKING LOT OR AN EXTENSION OF THE CHURCH. AND THAT'S REALLY THE BIG ISSUE THAT OUR UTILITY, UH, DIRECTOR IS HAVING, AND THEY'RE TRYING TO JUST GET AHEAD OF SOME OF THE UTILITY OBSTRUCTIONS BECAUSE THERE IS THE INTENTION OF SOME WORK THAT IS, YOU KNOW, GOING TO BE HAPPENING. IN THE NEAR FUTURE, AND THEY WANT TO TRY TO ADDRESS THESE ISSUES PRIOR TO FROM
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TYPICALLY WHEN THERE IS AN OBSTRUCTION WITHIN A UTILITY EASEMENT. THE UTILITY HAS THE RIGHT TWO. REMOVE WHATEVER IT IS IT, REPLACE IT. YES, SIR. UM HAD . AND YOU CAST IT AS A VIOLATION. I MEAN, PEOPLE GET TO USE EASEMENTS ON THEIR PROPERTY. SO. STRUGGLING I GUESS A LITTLE BIT. OKAY I CAN UNDERSTAND WHAT THE VIOLATION IS. PERMITTING OF COURSE, YOU GOT TO GET PERMITS FOR WHAT YOU'RE DOING. WHETHER THEY'RE INDONESIA'S MINT OR NOT ANY SITUATION. YEP. NOBODY GETS TO DEBUG. CHEST FREEZER FULL OF MAKE THAT ROOM TEMPERATURE. WITH AND UNDERGROWTH. OKAY, GOOD. AND THEN TRASH OKAY AND THEN JUNK PROPERTY. YEAH, YOU CAN. OKAY, FINE. SO IT'S NOT. I MEAN, YOUR UTILITY FOLKS, MAYBE THE ONES THAT CALL IT TO YOUR ATTENTION TO THE ACTUAL USE OF THE UTILITY BY THE OWNER OF THE PROPERTY. ISN'T PER SE A VIOLATION. UNDERSTAND? IT IS. THE OTHER STUFF THAT YOU WANT COVERED, AND THEN THAT THEY BASICALLY PUT YOU ONTO. YES, SIR. THIS YEAR. THEY GET TO YOU. UTILITY DEPARTMENT GETS THE THAT IS. IF THERE'S SOMETHING IN IT. THE THEY CAN REMOVE IT OR HEAD OF THAT. THE MOST MOST UTILITIES WILL GIVE PROPERTY OWNERS NOTICE. OF THEIR INTENT IS. YOU KNOW WHETHER IT'S UNDERGROUND DRILLING OR WHATEVER SETTING POLES ANY UTILITY. USED SO I THINK THAT'S WHAT NEEDS TO BE FOLLOWED. BUT IN THE MEANTIME, EVIDENCE SO FAR.SHOWS. THAT THAT. THAT IN FACT, THEY'VE USED THE EASTMAN FOR THINGS THAT WERE NOT LEGAL, SO WELL, GO AHEAD. I INTERRUPTED YOU. YOU'VE GOT A COUPLE MORE PIECES OF EVIDENCE. YEAH, JUST YEAH, THE FINAL THE FINAL EXHIBIT THERE. OF THE OF THE DEPICTIONS JUST SHOWS OF VAN.
THAT THAT ISN'T TAGGED DOESN'T HAVE A VALID TAG AND ANOTHER SEDAN JUST ALONGSIDE IT. THAT ALSO DOESN'T HAVE A TAG OR REGISTRATION ON IT BEING PARKED ON THE VACANT LOT. SO WITH ALL THAT WE ISSUED THE RESPONDENTS A NOTICE OF VIOLATION NOTICING HEARING ON AUGUST 8TH. 2023 WARRANTING COMPLIANCE BEFORE THE DATE OF AUGUST 22ND OF 2023. WE I HAVEN'T RECEIVED ANY COMMUNICATION FROM THE RESPONDENT. UM AND THERE HASN'T BEEN ANY CHANGE TO THE SITE.
SINCE WE'VE CITED THE RESPONDENT. THE NOTICE OF VIOLATION WAS SENT VIA CERTIFIED MAIL AND THE PROPERTY WAS POSTED ON AUGUST 16TH OF 2023 AND THE PHOTO OF MY POSTING HAS BEEN MARKED BEFORE HE WAS EXHIBIT FOUR. MY AFFIDAVIT OF SERVICE HAS BEEN MARKED BEFORE YEAR'S EXHIBIT FIVE. SO BASED UPON MY TESTIMONY AND EVIDENCE, WE REQUESTED THE RESPONDENT BE ORDERED TO COMPLY WITH THE CITED PROVISIONS OF THE VILLAGE CALLED , UM, WITHIN THE NEXT 30 DAYS.
GIVE ME A DATE CERTAIN. YES, SIR . WITH THAT. I THINK EVERYBODY IS SO YOU WANT TO SAY BY THE END OF OCTOBER AND OCTOBER. OCTOBER 31ST 2023 AND IF NOT IN COMPLIANCE BY THEN BE REQUIRED TO PAY A FINE IN THE AMOUNT OF $100 PER VIOLATION FOR EVERY DAY. THE VIOLATION CONTINUES THEREAFTER. THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS IN THE AMOUNT OF $150 CONDUCTING THIS INVESTIGATION. AND WE REQUEST THAT THE VILLAGE BE REIMBURSED THIS AMOUNT AT THE CONCLUSION OF THE HEARING. LOOKING OUT, SEEING NO ONE. SO NOBODY IS HERE ON BEHALF OF CHURCH OF GOD. OKAY? SO WITHOUT OBJECTION, EXCEPT EXHIBITS ONE THROUGH FIVE IN THIS CASE. FIND THAT EVIDENCE IN YOUR TESTIMONY. I'LL FIND THAT VIOLATIONS AS CHARGED TO EXIST ON THE PROPERTY AND I'LL ORDER COMPLIANCE. ON OR BEFORE. OCTOBER 31ST 2023 FAILING, WHICH FINDING THE AMOUNT OF $100 PER VIOLATION PER DAY WILL ACCRUE. FURTHER AWARD COSTS IN THE AMOUNT OF $150 TO BE PAID. AT THE TIME THE ORDER IS RENDERED. CARE OF THAT ONE. NEXT ONE. IS
[01:45:12]
THIS THE SAME? UH UM, GROUP THE SAME GROUP, BUT IT'S A RESIDENTIAL PROPERTY. ALL RIGHT.THIS IS A CASE NUMBER 23-084 CHURCH OF GOD BOARD OF TRUSTEES. THE PROPERTY OF 15 3 98, SOUTHWEST ONE. 53RD STREET. UM. FOR THE RECORD. ROBERT FEROZ VILLAGE OF INDIAN TOWN CODE COMPLIANCE THIS PROPERTY IS CONCERNING THE ADDRESS THAT 15398 SOUTHWEST 153RD STREET.
THE OWNERS MARKED ON THE PROPERTY APPRAISER RECORD. HAVE BEEN IDENTIFIED AS THE CHURCH OF GOD. BOARD OF TRUSTEE. AND THIS HAS BEEN. MARK BEFORE YOU AS EXHIBIT ONE. UM. ON AUGUST 8TH OF 2023. WE INSPECTED THE PROPERTY AND OBSERVED THE FOLLOWING VIOLATION. WE HAVE A VIOLATION UNDER 91.32 FOR ABANDONED SALVAGE AND JUNK PROPERTY. SO THIS PROPERTY HERE IF WE GO INTO OUR OUR EVIDENCE. WE HAVE. TO A THIS IS JUST AN AERIAL DEPICTION OF THE SITE.
IT'S A SINGLE FAMILY HOME. GOING INTO TO BE. THERE ARE TWO VEHICLES PARKED ALONG THE RIGHT AWAY THAT ARE INOPERABLE. THEY DO NOT HAVE A VALID TAG OR REGISTRATION. UM THE BLACK COUPE. IS THE CONVERTIBLE PORTION OF IT IS BEEN IN DISREPAIR FOR SOME TIME, AND THE VEHICLE IS ENTIRELY INOPERABLE SCALP FLAT TIRES. AND IT'S JUST BEING MAINTAINED ALONG THE RIGHT AWAY JUST OUTSIDE OF THE PROPERTY. THE BLUE FORD F 1 50 PICKUP TRUCK, UM, APPEARS TO BE AN INOPERABLE STATE, BUT IT DOES NOT HAVE A VALID TAG OR REGISTRATION. AND THEN GOING INTO THE DRIVEWAY OF THE PROPERTY. THERE'S A VAN. UM THAT IS PROPPED UP ON SOME JACK LIFTS, AND THERE'S. OBVIOUSLY HAS NO TAGS, NO REGISTRATION AND AS AN INOPERABLE STATE. AND SO WITH. OBVIOUSLY WITH ALL THIS, WE SIGHTED THE PROPERTY. WE ISSUED THE RESPONDENT A NOTICE OF VIOLATION NOTICE OF HEARING. WARRANTING COMPLIANCE OR BEFORE THE DATE OF AUGUST 22ND. WE ALSO HAVEN'T RECEIVED ANY COMMUNICATION ON THIS PROPERTY. IT'S BEEN ISSUED VIA CERTIFIED MAIL. AND THE PROPERTY WAS POSTED ON AUGUST 16TH. ABOUT 2023 AND THE POSTING PHOTO OF THE POSTING HAS BEEN MARKED BEFORE YOU AS EXHIBIT. UH FOUR. AND MY AFFIDAVIT OF SERVICE HAS BEEN MARKED BEFORE HE HAS EXHIBIT FIVE. OKAY UM, DID YOU GET ANY, UM OF YOUR GREEN CARDS BACK. I DIDN'T. SO NOW WE'RE DOING A ELECTRICAL. IT'S LIKE AN ELECTRICAL ELECTRONIC ELECTRONICALLY. UM AND SO ALL WE'VE RECEIVED IS JUST, UH, RECEIPT THAT IT'S BEEN ISSUED, BUT WE HAVEN'T WE HAVEN'T RECEIVED THE RETURN. UM. OKAY BUT THE POST OFFICE DOES HAVE.
THE ABILITY TO TELL YOU WHEN IT WAS DELIVERED INTO WHOM? YES OKAY. AND YOU'RE USING THAT? YES, I THINK THAT'S A GOOD TOOL BECAUSE GETTING THE ACTUAL GREEN. PAPER CARDS BACK WHERE IS REALLY BEEN HIT OR MISS? FOR ALMOST EVERY JURISDICTION? YEAH, YEAH, ELECTRONIC ONES. SEEMED TO BE. YOU KNOW, PRETTY PRETTY GOOD JAZZ THAT CERTIFICATION AND I'VE BEEN USING THOSE A LOT MORE.
BOTH OF MY LAW PRACTICE AND THAT'S A MAGISTRATE. SO OKAY? IT'S GOOD THAT YOU'RE USING YEAH . ALRIGHT. SO EXHIBIT FOR IS YOUR POSTING. EXHIBIT FIVE. IS YOUR AFFIDAVIT TO SERVE US ANYTHING ELSE KNOW, BASED UPON MY TESTIMONY AND EVIDENCE, WE REQUEST THAT THE RESPONDENT BE ORDERED TO COMPLY ON OR BEFORE THE DATE OF OCTOBER. 31ST OF 2023. AND IF NOT A COMPLIANCE BE REQUIRED TO PAY A FINE IN THE AMOUNT OF $100 PER VIOLATION FOR EVERY DAY. THE VIOLATION CONTINUES. THE VILLAGE HAS INCURRED A REASONABLE ADMINISTRATIVE COSTS IN THE AMOUNT OF $150 BECAUSE CONDUCTING THIS INVESTIGATION AND WE REQUEST THAT THE VILLAGE
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BE REIMBURSED. THIS AMOUNT. UM ONCE THE ORDER HAS BEEN RENDERED. OKAY, SO LOOKING AT AGAIN. NOBODY HERE ON BEHALF OF CHURCH OF GOD BOARD OF TRUSTEES. AND SO WITHOUT OBJECTION. I'M GOING TO. ENTER INTO EVIDENCE. THE VILLAGES EXHIBITS ONE THROUGH FIVE. IN THIS CASE BASED UPON THAT EVIDENCE AND YOUR TESTIMONY I'M GOING TO FIND THAT VIOLATIONS, AS CHARGED, DO EXIST ON THE PROPERTY AND ORDER COMPLIANCE. ON OR BEFORE. OCTOBER 31ST 2023. FAILING WHICH ARE FINE IN THE AMOUNT OF $100 PER VIOLATION PER DAY WILL ACCRUE. FURTHER AWARD COSTS IN THE AMOUNT OF $150 A TWO THE VILLAGE UPON RENDERING OF THE ORDER. OKAY. DEL BRIGHT HOLDING . THIS IS CASE NUMBER 23 091 DELL BRIGHT HOLDINGS INC. THE PROPERTY IS 14 6 69 SOUTHWEST, DR MARTIN LUTHER KING JR DRIVE. UH SO THIS SIDE I'VE BEEN IN CONTACT WITH THE REPRESENTATIVE FROM DELL BRIGHT HOLDINGS INC. UM, THEY HAD SOME INOPERABLE EQUIPMENT. AND OUTDOOR STORAGE GOING ON ON THE SITE. UM, WE STILL HAD AN ISSUE WITH SOME OF THE OUTDOOR STORAGE, SO I WANTED TO GIVE THEM A CONTINUANCE. ON ON THIS. THE ABANDONED SALVAGE EQUIPMENT HAS BEEN REMOVED. BUT SEEING AS THEY'RE LEASING THE PROPERTY, ALTHOUGH, UH, I JUST WANT TO GIVE THEM SOME TIME TO FACILITATE COMPLIANCE SO WE CAN GET IT SET FOR 30 DAYS. I GUESS OCTOBER 31ST WOULD BE WOULD MOVE THIS TO THE NEXT. OR TO THE HEARING? YES SO OCTOBER 17TH OCTOBER, 17TH OR NOVEMBER? YEAH, WE COULD DO OCTOBER 17TH. I THINK THEY COULD MEET THAT, OKAY? WHAT DO THEY NEED TO ACTUALLY ACCOMPLISH? SO THE GENTLEMAN THAT'S RESIDING THERE. HE DOES, LIKE LANDSCAPING AND A LITTLE BIT OF SALVAGING. UM AND SO HE JUST HAS AN ASSORTMENT OF UM, LANDSCAPE EQUIPMENT AND JUST MISCELLANEOUS MATERIAL THAT'S BEING STORED ALONG THE FRONT END. ALTHOUGH THE PROBLEM ABSOLUTELY YEAH. OKAY, LET ME JUST.OKAY? ALRIGHT. NEXT ONE IS ALSO DEL BRIGHT. YES. CASE NUMBER. 23 DAYS. 092 ALRIGHT HOLDINGS INC FOR THE PROPERTY AND 14 6 79 SOUTHWEST, DR MARTIN LUTHER KING JR DRIVE. SO THIS SITE. THEY'VE THEY HAD, UM. THEY'VE BEEN DOING SOME WORK ON THE PROPERTY. UM AGAIN. IT'S A VACANT PROPERTY.
THEY'VE JUST BEEN MAKING DOING SOME RENOVATIONS, INTERIOR AND EXTERIOR. WE HAVE ELECTRICAL PLUMBING WORK AND NEW EQUIPMENT INSTALLATIONS, THEY INSTALLED MANY SPLIT UNIT. UM AND SO. I WANTED TO GET THEM 60 DAY CONTINUANCE. SHE'S THE REPRESENTATIVE FOR DELL. BRIGHT HOLDINGS HAS SINCE BEEN IN COMMUNICATION WITH THE CONTRACTORS THAT SHE'S BEEN WORKING WITH AND THERE ONE OF THEM IS ALREADY OBTAINED THE PERMANENT APPLICATION AND IT'S UNDERWAY. UM, ARE BEING PROCESSED BY BUILDING DEPARTMENT . UM SO I WANTED TO GIVE HER THE 60 DAYS TO GET THESE PERMITS, AND SO WE CAN GO AHEAD AND CLOSE TO THE NOVEMBER. 21ST. YES, YES.
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SO WE GOT JUST ONE MORE. COULD I GET. JUST A COUPLE COPIES OF THIS. RIGHT. SO, UM. THE LAST.CASES TO 3093. ERNEST MCKNIGHT, SENIOR FOR THE PROPERTY OF 14 6 47. SOUTHWEST 100 AND 70TH AVENUE. AND THAT LOOKS LIKE IT'S SIR PETER'S CASE, BUT YOU'RE GONNA TAKE IT WELL, SO, MR PETER, UNFORTUNATELY, WHAT WASN'T GOING TO BE ABLE TO BE HERE TODAY? AND SO WHAT HE'S ASKED IS FOR ME TO CONTINUE. HIS CASE IS IF IT COULD BE CONTINUED FOR 30 DAYS, UM AND WE'LL GET IT. HE'LL. HE'LL BE HERE FOR THE FOLLOWING HEARING IN OCTOBER, SO I WOULD TAKE US OUT TO OCTOBER 17TH. SINCE I GET IN ORDER. I WILL DO IT. JUST LOOKING AT. NOTICE OF VIOLATION NOTICE SECURING IN THE CASE. IT'S NO. ABANDONED VEHICLE TRASH AND WEEDS. AND I DON'T. I DON'T REMEMBER WHETHER WE'VE HAD THIS. FOR SOME, THEIR RESPONSE THAT WE'VE HAD THEM BEFORE. FOR A DIFFERENT SITE. YEAH. BUT FOR THE SAME VIOLATIONS SIMILAR. YEAH YES, SIR. IF IT IS, IT COULD BE A REPEAT VIOLATION. OKAY? MAYBE, UM JUST. YEAH, SURE, AND HOW HE WANTS TO TRUE APPROACH IT OKAY. I MEAN, TO BE THE. THIS COULD BE THE KINDER GENERAL APPROACH, BUT BUT IF YOU WANT TO CITE IT AS A REPEAT VIOLATION, YOU'RE PROBABLY. AND I'M NOT SAYING YOU SHOULD. I'M JUST SAYING THAT WITHIN, UM. WITHIN THE PURVIEW OF THE.
OKAY? ANYTHING ELSE? COME BEFORE US. WELL WHAT I THOUGHT WAS GOING TO BE A REALLY SHORTENED DOCKING. NOT SO SHORT. SO THE NEXT. HEARING IS OCTOBER 17TH. HERE IN CHAMBERS AT. 10 A.M, OR ARE WE GOING TO MOVE IT? DO WE KNOW YET? OKAY BECAUSE, UM, WE WERE TALKING ABOUT MAYBE MOVING IT TO A DIFFERENT TIME. NOT YET, OKAY? RIGHT. GREAT. THANK YOU WILL SEE ALL THAT. THE GERMAN. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.