Good afternoon. I'd like to call the order of the Code Enforcement Special Magistrate hearings for the City of Lake Alfred for October 17, 2024. My name is Joe Mulwini, I service a special Magistrate for the City. Just to give you a brief explanation of the proceedings, we'll take the cases in the order that they appear on the agenda. The Code Enforcement Officer will present the case on behalf of the city and any other evidence that the city wishes to produce or testimony. And I will then hear from the owner or the owner for a representative or anyone else who has a material interest in the matter. I say that and then I'm going to qualify that by saying we have at the beginning of our agenda something called the consent agenda and the consent agenda are those cases in which there's previously been a hearing at which it was determined that violations did exist period of time for the property to be brought and compliance was imposed or fine was to run. These cases are being brought back to me today for the assessment of the fines that have accrued. So in those cases we won't be getting into testimony about whether or not there was a violation. That's already been determined. The issue today on those cases will be simply whether or not the property was brought into compliance and if so when? Your honor for cases 1, 2, and 3. The agenda is slightly different than what you may have seen in the past. Those three cases, cases 1, 2, and 3 case, well there's multiple cases. It's France, I'm not going to say it. M-O-M-P-L-A-I-S-I-R. That is T-Connor and Mary E. Sherrett. Those cases were published for closure hearings as well. So they were duly noticed, not just for supplemental orders and posing fine, but for extraordinary relief pursuant to Chapter 162 of the Fortest Attitudes. Okay. Thank you. And to qualify one thing, I said when I said that in order previously been entered allocating a period of time for compliance, I noticed that several of these cases were repeat offender cases so that fine would have commenced to approve from the time the violation was first noted by the code enforcement officer the repeat offense So all that said if you are intending to give testimony today Which please raise your right hand Do you solemnly swear firm that the testimony gift here today will be the truth and the whole truth? Yes. All right, thank you. And I'll call out the cases by property address, case number and property address. If you're the owner of the owner for a representative and you're here on that address, if you would just come on up to the table at that time. So on the Council, excuse me, approval of the minutes from our September 19, 2024 proceedings. I've reviewed those as city attorney. They are an accurate reflection of what happened on that date. So those will be approved and made a part of the permanent record of these proceedings. With regard to the current record, I know where you're going, but go ahead. I thought I might have thrown you off when I talked about the foreclosure and interrupted your normal explanation of procedures. I just wanted to clarify for the record that any and all documentation that's provided to you as part of a case will that become part of the record unless objective two and ruled otherwise? Correct. Everything in the agenda package will be a part of the record unless there's an objection and I indicate to the contrary. And then the event that City costs or assess those costs would be payable within 30 days unless they did otherwise? Correct. I'll cost payable within 30 days unless indicated to the contrary. Thank you. Okay. So to the consent agenda under the first case, property addresses 555 Midway Avenue, case number 2019, 0, 0, 0, 0, 0, 0, 3, R, Case number 2023, 0, 0, 0, 1, 2, R, Case number 2024, 0, 0, 0, 0, 3, 6, R. Anyone here on that property, 555 Midway Avenue. No, Your Honor, this is one that the son of the owner of this property has surfaced in New York. I did get an email in from him requesting a continuance. He said he couldn't get down here in time due to the hurricane and couldn't get in touch with us because we were out. There is an email inside the packet. I believe it is warranted and I am requesting a continual to November on this case and request that we don't have to republish for next month if possible. I'll defer to the City Attorney on the notice question. I have no problem with continuing the case to our next hearings. For purposes of the Continuance, obviously the City Deferred to the magistrate as to whether or not that's justified. There's no objection. I will review the notice requirements with City staff and to whether or not that's justified and there's no objection. I will review the notice requirements with city staff and determine whether or not a notice needs to be republished in the newspaper of general circulation for purposes of the relief being sought. Just one question I have I noticed it at least in the title of this section and a consent agenda says authorizing abatement. Was there any abatement that was part of the request on these cases that- This should be mowing. So it's nothing that poses an immediate danger threat to the public safety health or welfare. Okay. So those four cases under for 55 midway avenue are continued until our November meetings. Or if re-notices required based on determination by the city attorney to that time. Okay. Next is property located 390 West Davis Avenue. Anyone here on that address? 390 West Davis Avenue? We have confirmed a deceit. There is a deceit involved with this property. We have not been able to locate anyone from anywhere. However, this property popped up being cut this time. So it's basically a lot after years as it's cut down. And I'll go ahead and present the case out, but we are substantially into this case for a substantial amount of money, and we are requesting for closure on this case. OK, so, and without repeating all the case numbers, there are four cases under item number two on the agenda that we are considering all four cases. And again, property address is 390 West Davis Avenue. So please proceed. Okay, 2020 for triple 035-R will include all the cases as listed on the agenda. Just for the record for purposes of the expropriate really being sought, it would be case number 2016-003035, case number 2022-0000202, case number 2023-0015-R, and case 2024-003-R. For purposes of the request authorizing the city to seek foreclosure relief and correct me if I'm wrong here Carl but it's only case number 2024-003-R which we are seeking the imposition of fines and abatement. That is correct. There is no fines. There is fines, but it is in compliance as well. Okay. Okay. So, let me make sure I understand. So it's only on case 2024, triple 035R, that the certification of supplemental certification of fines, abatement, foreclosure, speed and law. Okay, look back here on the back. foreclosure would be for all four cases, your honor. Okay. And the certification to fine, I will defer to city staff. Yes, the risk fines are occurred within this case. 2024, 0, 0, 0, 0, 35R, 390 West Davis Avenue. Was cited for property ownership due to duty to clear land and sidewalks. Section 106.3, Declaration of a No-System Anfer Correction, Section 301.3 Bake Instructors in the Land, Section 302.4 Weas and Overgrowth. Order imposing five repeat events was on 07, 1824. Property was inspected on 1023.24. Affidavit of compliance was completed on 10-3-24. Service of process and notice was provided per cent to Florida Law. Public postings as required. Could not locate the person who cut, however, property is compliant for closure advertisement. First of all, when we go ahead and seek the certification of the fine for case number Computer blink out. Hang on, let me get back to serve a vacation. We're looking for abatement of wheat and grass if necessary and to certify fines of $4,000 as 80 days at $50 per day from $7,16, 24 to 10 3 24 and award administrative cost of 48 24. Okay. Right now, that's why I go. That's part of the order. You're on a week and either do it one of two ways. We can do have advertised all four cases for a short and every relief. We can either enter and order specific to this one case and then enter an order specific to the remaining cases or we can do it all at one time your preference, Your Honor. I want the record to be clear if you're seeking, well there's no, you mentioned abatement, but at this time the property is in compliance. It is in compliance, so there's no abatement at this time. So we can scratch that. But you are seeking to foreclose your leans and all four cases. That is correct in three cases. In this case in your agenda package there is a finer summary sheet that has a substantial total on it. I was just looking at that. There it is. Okay. And maybe clearer than your honor to have two separate orders, one order for the final position and then one order for the closure relief. That's very. Yeah, I mean, I don't have any problem doing separately or together. However, I presume the city is going to be preparing orders just to submit to me for consideration. So however you want to do, I don't care. Okay. The city will prepare to separate orders. Okay. All right. So just for the record, in case number 2024, triple Z row 35R. I am going to enter an order certifying the fines for the supplemental amount of $4,000 plus the additional cost of $48.24. And authorizing. Yeah, that's what I've got here. Thank you. So in that particular case, I'll certify that amount and those costs cost-bable within 30 days and also authorizing the... All right. So if we have the case 20, 24, 00, 035,, 3, 5. There is a fine being imposed. And city cost assessed payable within 30 days. The separate order would be for all four cases. 2016-0035, 2022-002. Case 2023-0015-R. And case 2024-0035R. The city would be requesting that pursuant to section 162, 09 sub three, that any and all leans for the stated cases that have been a record for three months or more, the city's requesting authorization to seek any and all equitable and or legal relief set forth and said section of the Florida Statute. So 162.0973, which would include the authorization but not the obligation to foreclose. Okay. All right. I will enter an order accordingly or orders accordingly. But just to be clear on the 2016-35-22-2023-15R, there are no additional fines or costs to be certified in those cases. If I understand in the 2016... That is correct, Your Honor. It would be only by certification list for the repeat case of now as in compliance. Okay. So these admin costs I'm seeing on this summary those have already been certified by a previous order. Yes, your honor. Same thing with all the other cases with the exception of the 2023 repeat case, 2023-35 repeat. Okay. So I will to go to the other side. I'm going to go to the other side. I'm going to go to the other side. I'm going to go to the other side. I'm going to go to the other side. I'm going to go to the other side. I'm going to go to the other side. I'm going to go to the other side. I'm going to go to the other side. We are at radio show. This is a video. It's not out of your mouth for a while. It's crippled by technology. It's not out on the bottom. It's not out on the bottom? No, by time you think that one out, then we want to come out. Yeah, I'm sure it's back on the roof slide, you know. We have a bunch of beds in the kitchen. No, it's not. It's a big kitchen one, the hell and I am. That's good. It's really fun to do. Very good start, ever. You can do anything? Yeah. We may have. We may have. Yeah. What happened to it? You're on Bay T-Car now. Yes, I'm good. Actually, something happened. What's true, is that? I'm wondering what questions this right here is going on. I'm going to ask for a little later on a little bit closer. David's go over to reach since last evening. Go over to reach that. It's been a minute since I've been at this. You brought me a few things're experiencing some technical difficulties that might be more appropriate just to recess for five minutes. Okay, let's do that. We are in recess. Here go on. Slide chair is growing. Go on. Well, you've get 125 slides. You want to take five to see if you can see how. Alright, let me see what I can do with my desk. I'll check this desk thing. I'll see if I can. You can see if you don't start reading it. Huh? I'm not going to have my phone. I'm going to be going to be on my computer. I'm not going to have my phone. The session just for the each of those cases. And then on the fourth case, 2024-35R, I will certify the fine in the amount of $4,000 and cost in the amount of $48.24, costpable within 30 days and authorizing foreclosure in that case as well. So I think that covers everything in that case, of those cases for that address. Next is the third item under the Consent Agenda Case number 2021, triple zero, 15 property addresses, 11, 20 cross avenue. 11, 11, 20 cross avenue, case 2021, 0, 0, 0, 0, 1, 5. City Code SIGAR was like out from minimum property maintenance code, section 106.3 declaration of the new system and for correction, Section 302.1, sanitation and storage of materials, Section 302.4, weeds and overgrowth, Section 302.7, disaster restructures, Section 304.7, roof and drainage. Supplement order finding, order finding violation and posing fine and authorizing. Demolition was on41824. That structure was demolished off of the property earlier this year. It remains overgrown. Affedabit of noncompliance was completed on 103, 24, and service of process and notice was provided pursuant to Florida law. Public postings as required. Demolition of structure was completed on 061924. For closure ad ran for four consecutive weeks prior to the hearing. For closure and fine call summary. The total with abatement and everything it runs out of. 128, 678, 57. The abatement leans are assessments. So those are treated separately for purposes of recovery and for the relief being sought. Depending on when the abatement occurred that those sums may have already been included on the NABA role for a certificate to have been issued similar to that of a tax certificate. So when we seek the city and seeking for closure relief, a blanket request will be part of the order, however, just for edification, the assessment amounts will not be included and the liquidated sums being sought in a foreclosure proceeding pursuant to 162.09 sub 3. So this order would be to certify the fines. Is the property in compliance, Carl? Property is still an on-compliant. Okay, so there is a continuing fine to run on the property. The city would be seeking a certification of fine up to the date, identifying the affidavit of noncompliance as the city seeking abatement of the highways and grass as well. Staff recommendations are fine. The violation continues to exist. Allow abatement, mowing, pursuant, before the state 162.091 authorized for closure on the above list of cases and award administrative costs for this sharing of $59.38. So the high-speed interest creates a nuisance condition on the property, your honor, if that's your testimony, Carl, that it creates a health safety and welfare issue, and the city would be seeking authorization to evade the nuisance condition, certification of fine and then the city would also be seeking pursuant to Section 162-09 sub-3, the right but not the obligation to seek any and all equitable and or legal relief that is provided for by Florida statutes once the leans have been a record for at least 90 days. Okay. And just so unclear, these abate costs that I see on the summary, $2,500, $375, and $8,500, those are going to be on the tax roll against property not. Those will be links on the property via any... The city has... Correct. So the city has adopted the uniform method of collections in the 1997.3632, the ordinance. So any abatement action that is taken, that is a benefit to the 1997.3632, the ordinance, so any abatement action that is taken, that is a benefit to the property and qualifies as an assessment lien, and those assessment liens are collected through the NABA role process here. I think this was just included in order to give you a better global picture of the code enforcement history on or for the property. Okay. So, anyone here on property address 11, 20 cross avenue? Okay. Seeing no one here, then I will enter order in case 2021 that's triple 015. Certifying supplemental daily finds the amount of $18,200 plus city cost the amount of $59 36 cents cost payable within 30 days also authorizing abatement and or closure at the discretion of the city. So then under case number four supplemental order and posing fine, this is case number 2024 dash triple 014 property located at 1080 South Lakes, Norway. Good afternoon. And Mr. Watson, if you, 0, 0, 0, 1, 4, 1080 South Lakes or Way. Order finding violation imposing fines with 620, 24. Data inspection with 10-3-24. Affidavit of noncompliance was 10-3-24. Service of process and notice which provided for so-and-for-for-all law. Public postings as required. Picture on left is of the east side of the home. Several of the finances stored outside and other items filed against the wall. Picture on right is of item stored on the east side of the house up against the house. Front yard cluttered but acceptable at this point. Picture on left is items filed on west and rear of home. Picture on right is a backyard with areas of grass and excessive 12 inches tall and fence lined up overgrown. Staff recommends fine the violations continue to exist, certified fines of $750 and awarded administrative cost of $48 and 24 cents. And the testimony of the property remains in noncompliance. The fine would continue to run at what per day. And so the property is brought into $50 per day. I believe she has pictures that are more recent. OK, anything further from the city? No. OK, thank you. Good afternoon. Would you state your name, third record please? E. Lorel. And what is your relationship to the property? I'm the resident, my mother's property. Okay, Sally Lorel, there's your mother. Correct. Okay. You've heard the testimony of the Code Enforcement Officer. What would you like me to take into consideration today? I'm trying my best to be that cleaned up is just me doing it. My husband here is disabled can't get out the yard with me and help me clean it up. It's been cleaned up tremendously since the first hearing. I don't know specifically what needs to be done. I came up here last week and asked what the specifics were that needs to be done and I was told it was under blanket. Within the correspondence log is included in there with the minutes that I made from the meeting that we took. I reprinted out the notice of violation at that time and went over each one of the cases and explained what I had seen and what I felt was still noncompliant. Notes are within the, at the bottom of the the log which included into the agenda package. And while in quasi-judicial proceedings you're on her, as you're well aware, strict rules of evidence do not apply, however, the communications log, that's kept in the regular course of a regularly conducted business activity by the city, at or about the time in which the instances or those transactions occur. Thus would be an exception to the hearsay rule under both of the hearsay exceptions. Present sense impression as well a business record job. Okay. Well, the issue that's really before me is whether or not on the date that the city is asking me to certify the fines through which is the October 3, 2024 date was the property in compliance and based on the photographic evidence, I can see that violations still exist on the property violations of the nature that were cited under the original order. So that's the issue that's before me and I find that the violations did continue to exist through the date that the city is asking me to certify. It sounds like there's been communication about what needs to be done. You mentioned something about a few of you were told it was under a blanket. I didn't understand that. I think what you're referring to is that the case, and correct me if I'm wrong, I don't mean to speak for you, but that because there's multiple violations that are a part of this one particular case number, that until all violations are brought into compliance, the case will remain in non-compliance. Is that what has been communicated? I don't recall ever using the word blind. Well, I'm just trying to, you know, your common parlance for use, generally not common parlance for the rest of the community. So my understanding, not correctly. No, I certainly came up and asked what specifically needs to be done to bring it up to code. What wouldn't be, and because I've seen houses in worse condition than mine, with stuff sitting out, I've got it back in an order, you know, it's not, it didn't blow away during the hurricane. It might have been good if it did, right? I understand what you're saying. So you have you... I haven't given anything specific. Is to what needs to be done to bring it to code. I mean, he mentioned tires. They're taking care of him. He mentions hot water heater in appliances. They've been, it's been taking care of. They were temporarily set off of a trailer long enough to the person that we borrowed the trailer from needed at that specific day. We can't tell them they can't take their trailer and use it. So that day that he came by and supposedly took pictures again was the day that they were using their own trailer. So the next day when we got the trailer back, it was hauled off like it was supposed to be. Well, I have to know to do as much as you can on your own. I mean, I'm disabled, I have liliance, I can't do as much as everybody else can, or I'd be out there with or doing this. And I have noted on my fact sheet that the extenuating circumstances, and I believe your honor those will be relevant upon any reduction for seating that is brought before you. Carl, when would you be available to reinspect them and provide more detailed guidance on site as to what would need to be done next week? Would that be? That would be a correct picture if you all want. The only problem with that is that anything you present to the magistrate or to the dius becomes part of the record. So if it's in your phone, your phone becomes part of the record. And what really is dispositive for quasi-judicial proceedings such as this evidentiary hearings would be the appadabit, the violations have to be perceived by the code official on said date that's going to be set forth in the appadabit that they no longer exist. So I've given you, I have taken what you told me and I have here as a fact that you've been making market progress towards cleaning up the property that you have extenuating circumstances that prevents you from doing it all at one time. And so once you get the property and full compliance and you apply for a reduction which I would recommend that you do, I will have these facts and I will remind them at a straight of the Accentuating circumstances. So basically you're going to continue this until... That's the code enforcement. Once an order is entered, so the order-finding violation, which is essentially the charging document, the fine will begin to run upon the expiration of a stated time period. So the original order provided X amount of days for the property to be brought into compliance upon the expiration of that number of days. The fine will continue to run until it is brought into compliance. But the magistrate has jurisdiction over the fine amounts to reduce them once it is in compliance. And the magistrate can and has done that in the past, especially in circumstances where there are extreme waiting circumstances. Thank you. Now I do have a question. We had asked for a little bit more time after the 90 that we weren't sure if it was going to get it Because we had the hurricane coming and other stuff factoring in And we were told that what the manor's race said was what was Once it's in the order the The order is it can't There's an appeal period for purposes of challenging the order, but at the time the order is entered, if more time is needed it needs to be requested at that time. There is no way for the magistrate to, because what's brought before the magistrate now is a separate case, which is an order imposing final or a supplemental order imposing fine. It has no, no effect or impact on the charging document itself. So that charging document that gave you 90 days, and less more time was requested at that time, 90 days is what you will have to bring it into compliance. But like I said, there is relief available to you. So please do what you can to communicate with staff and get the property brought into full compliance, because then you can come back to the reduction proceeding and all these facts, the hurricane, your circumstances, what you're dealing with What I'm doing today is I'm just certifying the fines as a crew through the date of the inspection and based on the photographic evidence that the property was not in compliance on October 3rd I think it was. But as the city attorney's already, there is a reduction process. So you and Mr. Watson can communicate and once he certifies that it's in compliance, then you can apply for reduction. And that's when I can hear testimony about whatever factors contribute to any delay in trying to bring the property in compliance. Physical limitations, not having access to a trailer, things like that. I'm very receptive to hearing that. So I encourage you just to communicate, sounds like you'll get a visit set up. And as soon as you get it done, the main thing you need to do is when you think you have it in compliance, you need to contact code enforcement and let them know because he will not be driving by every day just to do a progress observation of your property. Okay. Yes sir. My issue is I don't know when is how it's compliant. Okay. Well, I think Carl's indicated he would be available next week to... If you will leave me your phone number, I can call you next week. I won't be in on Monday. I will be in on Tuesday. I can come down and I'll... Do you still have the notice of violation? I printed out for you here at the office. Yes, sir. Okay. I will also bring another copy just in case you don't. and I'll go back to each one of the sections that are involved in what's going on, just as I explained to you when you were here, that each one of those sections that are attached to that notice of violation are pretty clear on what needs to be done and what shouldn't be there. And I can go, I can kind of give you, I'm not going to point at each item I'm just going to give you a generalization pretty much anything stored outside other than automobiles when you set things that are supposed to be outside shouldn't be anything other than that shouldn't be outside. Plant pots correct, plant pots are fine I don't want to get into the whole thing here. But if you want to leave me. Are you regularly available? She works in the morning. Number 3am to noon. 3am to 11am or noon. Yeah, it'll be before noon. It'll be at work. You work till noon? Yes, I work 3am to noon. All right. My email was also on the notice of violation. If you want to shoot me an email in to what's your available time and I'll try to work it in and we'll make contact and I'll walk the walk through with you. Generally he's there because he's not working right now. Yeah. It might do better if you're there. But you're the one that's going to be more agile to go out and look. Okay. Okay. So in case number 2024 dash triple 014, I will enter a supplemental order, certifying the fines through October 3rd in the federal government's government's government's government's government's government's government's government's government's government's government's government's government's government's government's Okay. If you want to pay that, you can pay that today with a card card. I can't pay that today. Okay. Well, take it with you. It's not due for 30 days. Okay. Okay. Thank you. Under New Business, case number 2024 dashed triple 045. This is probably located three twenty-five east Sanford Street Good afternoon City is seeking an order finding violation on case number 2024 0 0 0 4 5 located at 325 East Sanford Street. Code cited, section 106.3. Declaration of a nuisance and demand for correction. Section 302.1, sanitation and storage of materials. Section 302.4, weeds and overgrowth. Section 304.7, roof and drainage, section 308.1, a cumulation of rubbage and garbage, and section 32-1, nuisance declared. Notice the violation was on 08, 1524. Inspection date was 10 of 324, and affidavit of compliance. This is and affidavit of compliance. This is an affidavit of compliance instead of violation on 10, 3, 24 service of process Public postings as required. Junk and items stacked against carport and driveway and collection of home and auto items and roof has been in just repair for years. The picture was taken on 081424 As of side note I've been working with mr. Crete since 2021 on getting place cleaned up This picture was took on 9324 junk and debris still there appears no effort taking to remove junk and debris as of 9 3 24 And on 10 3 24 the property is now in compliance And staff recommends find the property in compliance as if 10 3 24, 24 awarded administrative cost of $99.38 and a administrative cost. In other words, the City of Seeking Order finding a violation, no finding imposed as the property is now in compliance and the City of Seeking an award of administrative cost in the amount of $99.38 payable within 30 days. Okay. Let's see what the, uh, said in the straight line. Any administrative costs are $99.38. Okay. All right. Thank you. So just so you understand Mr. Creach, essentially what that order is stating is that there was a violation, but it was brought into compliance prior to hearing. No administrative fine or daily fine is being sought as you are in compliance. And the city is seeking to recover its administrative or cost of prosecution for bringing this case to hearing and the amount of $9.38. If a violation is found, the matter straight is without jurisdiction to wait those costs so that's why the city costs remain up because they were actual hard costs incurred by the city would you state your name for the record please my name is Bobie for each and mr. Creek chair the owner of the property okay you have any questions about the test? I don't have questions really. I don't believe. I do want to clarify something. What was your last name, sir? What? Yes, sir. What's Mr. Watson? You and I have touch spaces with each other often on over the years. Correct. I've always been polite, courteous, and receptive today. Everything that you've ever brought to me is that. Absolutely. There is no doubt about that. Every time you've ever come to my door and said, hey, this stuff needs to be cleaned up. I have rectified the problem with the one exception of the roof taking me a while because I have been duty with an insurance company and for the record I myself have owned this ability. I try having a couple hard times you know see how good like this for Every time you come to my door, I clean it up. Every time. So, with that being the case, the last time you came to my door, you said, hey, you need to clean it up. A couple weeks later, as the heat of the day, things that I have a problem dealing with with my condition. I start working on it, and I eventually did bring, like you said, bring the property in the clients. Now, I'm not going to deny that some of my property was not in the clients. I have no problem admitting that. But I also know that every time he's ever come to my door, and this has been a couple times throughout the years, two or three times that if he said, hey, Barry, you got to get the skin out of the bed. I've done that done usually within two weeks, and days to two weeks. So I was actually kind of surprised when he knocked on my door and said, hey, you know, I want you to want you to get this stuff cleaned up. I said, boss, I take care of it. I know he said, hey, I'll reach out to the church, giving me a number about the roof thing. I know you've been having a hard time, although he had given me some contacts for resources. He'll reach out with his resources, and they don't have any money to help you out. These like that. So getting this process full of the roof to be refurbished or what it needs to be is, it's been a challenge, especially when I've had family whose mothers have died from COVID, and I'm taking care of three children that did or not mine. And I ended up having to send a foster care after a year because I couldn't take care of them. Now I'm taking care of my grandson because his mother would come without a home and she lost her job. So I have him and my granddaughter. I had to send my granddaughter away to another family member that I couldn't take care of because of my financial situation because I'm disabled. But with that being the case, I've always done everything I can to work with him on this. I've never said, get off my property, be mean, I've never been nasty. Everything that he's ever asked me to do, I've done it. So I was very surprised when this process came about because there's no reason to believe that I wouldn't yet again take care of that. I admit that I have an issue with I'll let my son and all or my nephew come and start a project in my driveway and they don't get it wrapped up and cleaned up the way it needs to be and I have to get on to make them come back to New Orleans. That's my fault something that I do own up to. But on the other hand I always worked with him. I worked in the city for the police department. So I'm very aware of the small town communities, the way things work and the people are just doing the jobs. With that said, I also want to talk about before a fine or anything like that is an issue, a little bit of people application under a law because this is very important. I think you're dealing with any of the stuff. I will not go out in a patrol car and lake outfit and issue somebody a ticket for a teller being out in my patrol car how they have laid out. It's just something that it's not it's not shouldn't be done since it's not property. I think I have some pictures here and we're talking about administrative costs and all this other kind of stuff and I'm making it aware to the city right now. You own two properties. One is the city bond which law enforcement and code enforcement, refills their vehicles out every day. Every day. The fence, you know, submit this into evidence if you want to take it. The fence line is so grown up, you can't tell there's a fence there hardly. There's tractor, there's some sort of tractor line equipment that's got weeds and vine squared over top of it, and only part of it's picking out. You have a trailer that's been sitting there off of the wheels that's broken down untagged. This is sitting there for three years that I know of three years and talk about grass higher than 12 inches. Trots 24 36 48. It's waste. I and this is adjacent to other residential properties. Right here. You know where the city barn is? No, actually, I know right here. I'm listening. Right across the street, across the street. Let's talk about growers. I will submit those in our evidence. Let's do that. Did you know that? Did the by growers? The by growers. That's correct. They did hear that. Right? Yes, yes, sir. this reason that's overgrown can see the fence you don't even know there's a fence there and let's start looking and keep them talk about barrels with water in them right there grass that's three feet high right there another fence line is overgrown another fence more barrels water, more trash and barrels. So the point I'm trying to make here is I'm frustrated because Mr. Watson started this process in every And every time that we've had contact with each other, I said, yes sir, I'll take care of it. I've always been polite to you, just like you said. I'll try to offer, I will always offer the respecting dignity that I'm afforded before I will go anywhere else. That was the way I was raised. This is just a hint. Let's not go out and visit the sewer's treatment plant that's out there in the back of the north side of the city of New York because that's even worse. This is terrible. And then you're going to sit here and why I charged me a hundred bucks for jobless and paper that was not necessary for notification. When all of our history throughout the years, every time I have a letter project run over in my yard, or in my driveway, and that's usually where it's at, is my driveway. I've corrected within a couple of weeks, maybe three weeks, but I've always knocked down, I've always been polite, I've always been receptive, and spoken with him as long as he wanted to stay there, about anything. Yes, you are charging me 100 bucks and I have two properties right here at City Oms that well, I'm going to tell you right now it's a declaration of a nuisance. It's a public nuisance condition. The fence line is overgrown. The grass is in excess of 12 inches. The point I'm trying to make is I'm looking at the equal application under law of them. What's good for the use is good for the game. Yes, and code enforcement is primarily complaint driven. So please state those addresses for the record briefly. The addresses. Okay, I do not know the specific address, but Mr. Watson is 100% knowledgeable on the example of the city barn on West Haynes. The city barn on West Haynes. And growers fertilizer on 557 on next in the road. And growers fertilizer. And what is your name and address for the record? The D.C. Creatures 25% of the street. I doubt it. That is pursuant to applicable for the D.C. Education, 25th San District. I doubt it. That is pursuant to applicable for the law. A complaint now has been registered with code enforcement to investigate violations. I'll turn it over to Mr. Dayton. Thank you. And like I said, I'm not trying to give anybody any grief. I'm just aggravating. Okay, listen, code enforcement goes there every day. It's your job to do code enforcement. You go there and fuel your vehicle whenever you need to. You're looking at it. You're literally sitting there from media you away looking at an overgrown fence. And then you're gonna refuel your car next to that overgrown fence and then drive over to my house. Tell me that I've got stuff in my yard while you have to walk around trash at the fuel pump to get your car fuel. I always say that code enforcement is generally 95% of the time not so much a code problem as it is a neighbor problem. Okay, well my neighbor problem, my neighbor problem for the record, mine was a law enforcement problem and with that being the case I did have one and this I know this is a little bit off topic and no I want to get it out. Yes sir, Mr. Creight. I can tell it's been miss is word. Diaz Voguez. Bujwa. For communications between code enforcement and law enforcement, and any records of notifications or complaints of violation of properties, do I need to send my four-year request to you or do I send my four-year request to Mr. Watson? It doesn't matter. You can send it to any agent or employee of the City of Lake Alford, pursuant to chapter 119 of the Florida Statutes, public records laws, public records request may be made verbally or in writing to any employee or agent of the municipality. I'll submit it in writing, and then if it's not properly, if you can't give me that information, I would want to know the exact legal reason why you feel that you cannot provide that information. You're legally entitled to that. The Florida statute, because that's in there as well, because Mr. Watson has clearly noted that if I meet the earlier providers proceeding, there was law enforcement that made a complaint about my property and not my neighbors. So before we go there about your neighbor problem, it wasn't the remaining problem. It was law enforcement problem. So I'm kind of curious about it. Because here's the other thing is law enforcement also uses those fuel pumps. Law enforcement has got quick touch when I work for the police department. That's the few points we used. And so they're very aware of that overgrown city barn, with all their trash laying around, and it fits as it's overgrown, and all that kind of stuff. It looks a lot worse than my house every day. And then on top of that, they know about the because they sit there in that parking lot once a week, shooting rate are running traffic down 5.7, which is fine, should be done, about half traffic compliance, understand that. But once again, they're sitting there next to these violations, have they turned into violation or complain of violations, any of those properties to you? No. I want to make sure, because I am very, I'm a staunch advocate when it comes to public records laws. Can we please make sure that we get your specific requests articulated on the records of that way? Miss Linda Bushwa can respond to that appropriately. Yes, I guess what I want to know. And I don't know any personal notes that you may have. There in the logbook. Or any logbooks that you have. Okay. there in the logbook or any logbooks that you have or any emails or any phone logs that have been recorded of any complaints, property complaints in the last three months between law enforcement and you for reporting to you. So for Linda and I want to make sure to confirm if I have this correct, sir. For the past three months, from today's date, back three months, he's requesting any and all complaints, code enforcement logs identifying complaints, that would be specific to law enforcement making a property maintenance code or code complaint for a violation that exists within the corporate limits of the city of Lake Alfa. Correct. Okay. Thank you. We will make sure that you get them, Mr. Creech. We will probably send you an acknowledgment. What is your email address? I would prefer it to be out of mail, whether you can contact me about the ongoing legal response. and to be out of mail that you can contact me about the legal rules. We have to be able to send you an acknowledgement of the public records request. Would you like us to send you that via mail? Or do you want us to be out of the mail? Yes, sir. That will be done. OK, so one question I have, Mr. Watson, on the log correspondence log, the last century is 1017. The day's date. So that I was wondering what OF the high... What are finding violations? Oh, okay. All right. When was the roof repaired? But if I'm... Actually the roof was recently repaired. These pictures were to, as you can see, and he's had a carp on the roof for several years. And as he stated earlier, I did providing with what contacts I did have that might be able to assist. I'm sorry, they couldn't. But these pictures, and and their earlier pictures, if need be, it goes back a long time for the roof being in this state. He did replace the tarp somewhere between the eighth, between the 14th, and I assume it was right before the hurricane. And the October 3rd. Okay. Well, four, four. And I just want to create to understand the issues you're raising with regard to what sounds like selective enforcement or not equal enforcement. But for purposes of what's brought before me, I don't look at, you know, what's going on on other properties. So my jurisdiction is limited to what are the violations that are brought with regard to this property and what is the evidence that supports a finding of those violations. And in this case, I do find that those violations did exist, but that the property is now in compliance. So I am going to enter an order accordingly. As to the cost, when I do find that there was a violation, even when the property is brought in compliance prior to the hearing, I am compelled to assess the city's costs and in this sense that's $99.38. If you need additional time to pay those costs, please let me know and I'll consider extend that. Okay, 30 days and I'll take care of it as soon as I can pay it on the first. Okay, all right. So I will enter an order accordingly assessing those cost payable $99.38 feeble within 30 days of today's date. I will take all requests that the magistrate takes judicial notice. The city is will acquiesce to the legitimacy of the complaint. The complaint has been registered now with the city and an investigation is required to ensue pursuant to those complaints. So I would prefer not to receive anything that's not directly germane to this case into the record. There would be no way for it. Now you may submit those to Carl separately if you would like to and that can go along with your complaints. Are we so the way I that this is going to be for the policy, this will be followed up on. So the state law once a complaint is registered with the code official that so long as certain criteria is met which you have entered into the record, being your name and address that an investigation must be seen. Okay. All right. All right. Thank you, sir. Good luck to you. To zero. Next is case number twenty twenty four dash triple zero five to this property located five ninety five. Number 204. Case number 6, 2024, 0, 0, 0, 52, 59, 5 West Columbia Street. It's been cited for Section 32-1, nuisance declared. Section 106.3, declaration of a new system, man for correction. Section 302.4, we assume overgrowth. Section 302.5, rodent harborage. Note this property has been bank-owned since 823. 827.24. Notice the violation of notice of hearing was on 10-3-24. Inspection date was 10-3-24. Affidavit of violation was on 10-3-24. Service of process and notice were pursuant to Florida law. Public notices as required. Portions of front lawn over two feet tall and made contact with the abandoned vehicle owner and she notified the bank to pick it up. Out of the house for approximately a month this is a foreclosure property. Homeowner states he is turning the keys over to the bank and grass continues to grow. I saw two rats running from the yard. Forcients of backyard weeds and grass collared and fence, bank is owned property since 827-24, and I have been in contact with bank or council since 81524. My position is without max pressure bank will continue to delay on any maintenance on this property. Staff recommends fine the violation exists, allow 30 days and $100 per day, awarded administrative cost of $79.84. $7,984. OK. In the packet, there is sales where it was sold at auction and server bank was the plaintiff and the receiver of the property. Were you unable to print the deed? The document conveying title. Within the agenda package, I do have the title right currently, is still in the truest name, but the foreclosure notice and the foreclosure sales and the sale to the plaintiff are all within the agenda package. Oh, judgment. Yes, sir. Can we check to see if there is a certificate title? I see a certificate title. See you, summary judgment. There's a summary judgment in the title of the following page 7. We have a certificate of sale and a certificate of title. One was the sale under the sailor. Eight, one, and sound. On this page right here is the second property down. Yeah, okay. Sit down there. Yes. The, uh, just depending on when the sale occurred and when the certificate title is issued, there's certain redemption rights and or appeal rights that a property owner may have. In this particular instance, you're on are given that the sale supposedly or allegedly occurred late August. We are in October now. It's foreseeable that the sale might have taken 30 days. Certificate of Title may have been issued very recently. I would recommend continuing this case until next hearing in order to obtain a certificate of Title and make sure that all appeal rights have been exhaustive, have told. Because they have 10 days to challenge their issuance of a certificate of Title. Yeah, it doesn't sound based on Carl's testimony and notes like that the owner is going to be attempting to do a redemption. Well, we think we're going to have a soul for a quick and a new owner to do with it. They're looking to roll it now. This is just... This is a procedural formality for the circuit court. I would prefer, I would be my recommendation that we are on the side of caution. Would you? Continuance until November, Your Honor? If that's what you'd like to do, I was just going to do a quick look at the docket if I can pull it up to see if it shows certificate of sale and certificate of title being issued. But if you all want to continue it and I understand that I prefer that to be part of the record. Yeah, the time could be tight. I found everything I could. That's fine. Yeah, no. This is not anything that you've done is it's just a procedural aspect of the circuit Oh, okay. Oh boy. I can see the fire starting. That's just a good thing. Okay. A certificate of sale August 27, certificate of title September 9. If you're comfortable with taking notice of this certificate of final year-on, the City of Hentel objection. Yeah, I mean, I'll continue. If you want to continue it, that's fine with me but it looks like is Given that and if you if you're comfortable with the notice requirement If the certificate of title was issued in September I believe there is ten days after which An objection to the issuance of significant title may be filed with court if there's nothing on the dock it's showing that there's been some form of objection then the say is uh yeah I think I think the 10 days runs from the certificate of sale and that's why they wait these are certificate of title to see if there is an objection so, so, it's a good sale 10 days. It's difficult to title your, your, your, yeah, March of all right. September 9th, right. Yes. Is your date there? So if you want to go ahead and wrap it up, I'm comfortable doing that. But if you'd like to continue it, just to be safe. You're reviewing the dog's shows that this is a new title of the issue of the city's continent and our comfortable living floor. Okay. All right. So in case number 2024-3452, I will enter an order finding that the violation did exist and continues to exist on the property property owner will be given 30 days from today's date to bring the property to compliance. Or a $100 day fine will commence to approve. In addition, the city's cost, the amount of $79.84 or assesses will be payable within 30 days of today's date. Anything else? No sir. All right then we will be back here on November 21st. We are adjourned. Thank you everybody.