Court will come to order if all will stand in Pledge of Allegiance please I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God in the with liberty and justice for all thank you you may be seated this is the city of defc special magistrate court for COD code enforcement the code enforcement officer Chris strong represents the city and will present the city's uh evidence of code violations on properties within the city of defunc he will do so by testimony photos videos PowerPoint presentations and other witness testimony once officer stra has completed his presentation of his case you the landowner will present your testimony and evidence of why you are not in violation and you may question the officers Officer strong and present Witnesses of on your own behalf and you may cross-examine his Witnesses once both sides have completed their presentations I will consider all of the evidence and render a ruling based on the evidence presented by both sides an order will be issued and you will need to stay until the clerk of court can present an order a copy of the order to you this order if a violation is found will be given a period of time to correct the violation if you do correct the violation then it's your duty to contact Code Enforcement office to verify the correction in order to stop any fines from acing against you everyone who may testify before the court if you'll please stand to be sworn in anyone who's going to testify not the lawyers um are you going to testify Mr SCH okay you'll raise your right hand do you solemnly swear or affirm that you'll tell the truth the whole truth and nothing but the truth before this court on the matter in which you're testifying thank you you may be seated all right Officer sh if you'll call the halls for your first case if um if you want we'll go ahead with uh the arbitration case because we' got we have lawyers in and I'd like to take the lawyers first and Miss Andrea was here first we can do that okay so we'll take that case first it's number one under arbitration yes sir are you expecting any other Witnesses I okay all right and this you're here on case 2021 - 0068 it is the matter of 608 Circle Drive to fiac Springs Florida parcel number 253 north1 191 97001 1630 property owner Maran uh name is Schulz care of Kathleen Schulz um Ansley if you would go ahead and present your case yes ma'am thank you your honor uh your honor as you're aware there was an order that was entered um in this matter on August 18th of 2022 we're in the part we in in this is this case is a little bit personal to me because it is my late grandmother's Home and these are my elderly parents that are here today um and um at that hearing the court had stressed that there were some uh improvements or repairs that needed to be made on the property um as part of that order they were given 180 days to make those repairs um are a fine of $50 a day would be assessed um one of the repairs or the improvements that the court stressed it was most concerned about was a carport that was dilapitated and needed to come down because it posed a safety risk for the children in the neighborhood um and so Mr and Mrs Ansley who are Maran Schultz's daughter and son-in-law took it upon themselves to contract with someone to take down that property and they did that diligently um within September or October of 2022 um after that uh the other improvements that needed to be made to the home were quite significant in that it was a roof that needed to be repaired and the wood rot and paint um as you're aware the homes on Circle Drive were constructed back in around the 1900s and so it was difficult for Mr and Mrs Ansley to find someone to do those repairs um and there was an issue with the financial cost for those repairs and just so the Court's aware Mrs Schulz at the time she was um still she was still alive but she was in her her 90s she was 93 and then subsequently 94 before she passed away um later in 2023 because she was on limited income she didn't have the financial ability so so um my aunts um Mrs Schultz's other children did not have the financial ability to assist with any of the repairs and so my parents took it upon themselves to sell certain ones of their property um so that they could then obtain the funds to make the repairs required by the city um and so unfortunately that did take a period of time to accomplish I believe the last of the repairs were accomplished by the Ansley in November of 2023 um they operated under the understanding based on when they were at this hearing that if they were diligently working towards making those repairs um throughout the time period that they would not be assessed or the property would not be assessed any fines did they keep in contact with code enforcement to get those extensions yeah well they did Mr Ansley did not understand that he needed to contact code enforcement to request an extension um he he is 76 years old um so he thought that by the nature of him making the improvements that they would be on and off inspected I do believe that he had some contact with Mr straw on and off throughout this process um but I don't believe he ever specifically requested an extension or asked for a reinspection until around August of 2023 when the roof had been repaired okay do you have any other information um after in in August of 2023 when Mr Ansley notified uh Mr stra that the roof had been repaired and that the carport had been removed um Mr Strawn informed him by letter in September of 2023 that it was actually the wood rot and the paint that needed to also be done around the house and not necessarily the roof Mr Ansley um because the the parties were trying to sell the house at this point in time um and it was several of the um purchase contracts fell through because of so many improvements that were needed to the house one of them that was pinpointed by the realtor was a new roof Mr anley determined that if he were to replace the roof he would need to hold off on doing the wood rot and the the paint repair and so he he did the roof repair first and then the wood rot and the paint um in September of 2023 Mr Strawn responded to Mr ansley's letter and notified him that that wood rotten paint needed to be repaired and the city would stay the fine for 90 days okay so this was when when was it stayed it was from September 8th 2023 to December 7th of 2023 three what um Mr and Mrs Ansley did not understand was that for 196 days so from February 14th of 2023 when the 180 day period elapsed in August 29th of 2023 when he sent his letter that there was a fine that was assessing during that time of $50 a day um you know after the August hearing and it may have even been before the August hearing but they contracted with a realtor they put the property um up for sale they moved my grandmother into an assisted living facility and they um sorry it gets a little bit emotional you Tom thank you um they put the property for sale and so subsequently it did close and it closed um in January yeah when was when was the um the repairs completed they were completed on December 7th um the final repairs were completed in November of 2023 the 90-day moratorium to give them time to do the wood rot and the paint that um elapsed December 7th of 2023 okay so from our position were in compliance throughout that period um for that 90 days it's just the the time period from febu February 14 2023 to August 29th of 2023 Mr strong is that what the city has a lean on the property fors for February 14th of 23 to August of 2023 okay I had the date that um he sent the letter and I do have a copy of the letter if the court would like that well it also requires an inspection so just him sending or calling that doesn't necessarily stop it but if you found that it was in compliance it was actually Mo the date to when I sent the letter okay and so what what was the dates that we have a lean on for February 14th through August 9th August 29th the sorry to interrupt so I think it would be February 14th 2023 to August or sorry you said September 8th 2023 your the letter okay so the non- compliance date originally was February the 14th of 2023 so it was in violation for 206 days on that time frame okay and it was stopped on September the 8th showing that it was on in compliance um because they gave him a 90-day extension based off the letter that Mr Hansley had sent to me okay and again your honor you Mr Ansley and Mrs Ansley they're 76 years old they you know were working as as diligently as they could while caring for my very elderly grandmother um so you know to the extent that they didn't understand some of the process and what they should have done as far as contacting Mr Mr stra they thought that they were in Comm Comm unication and complying okay um Mr strong would you like to present a rutal for the city is that is that have you finished your your presentation uh yes' so we're we're asking you your honor to um essentially do away with the fines that have assessed been assessed by the city right thank you very much I accept your testimony your presentation into the record Mr St if you'd like to reut for the city um everything she said so far is correct except for um the the car house was removed um I did see that and that was in the property time frame but after that I didn't receive any communication regarding that until I received a letter closing September um the roof actually started getting a hole in it even though the main violation originally was for the chip and peeling paint in wood rot um when the non compin State came I still hadn't seen any further work or nor communication from um the family um I wasn't positive they were waiting to for just for the sale of the property for the new homeowner to fix the violations or not um but other than that there's there's really nothing else okay what is your position on her request this I personally do have anything except for I would like lease to what the city had put into presenting the case which is approximately $1,500 okay Mr city manager would you like to speak on the matter no ma'am that's um it's totally your discretion I do not have authority to weigh that so that's that's totally the and what would the is does a city have a um a position on reduction of the fine as her request for the ordinance that we that that these is operating on that the it basically says that at no time the city can come out on the bottom that they have to come out on on top where the where the fines versus the value of the home that we cannot come out on the bottom so that's where my reason I can't reduce those fines because if it did then we would come out on the city would come out all right um may I ask you one more question when was the passing what was the date of your grandmother's passing my goodness it was October 19th of 2023 okay all right we had so she passed after did she P was her pass date after her P dat was after you came into compliance no you came in yes you came into compliance on September okay so she had passed just a this was during her her lifetime this was running okay that's the questions um and the reason why I asked that is once she passed the the money from the sale doesn't go to her benefit it goes to the heir's benefit so during her um living then you would possibly see that we do need to for an elderly person who's on a limited income uh reduce that do you have an issue um and from the city to reducing this to the cost of the city the 1500 or would or would you uh feel that that is not appropriate in your in your case I do not have um the house sold for 450 I believe so yes ma'am uh so basically we've got a uh a $10,300 fund is this what approv okay um what I'm going to do huh yes would you like to speak, he it was it was around 75,000 that they invested in making improvements to the house and you should you should be getting that out you should have gotten that back out the closing is that correct so you've been made hold I've been made hold okay very good but I appreciate the fact that you went in and did the repairs he he did have to sell some of his a some of his properties that were in his name your honor in order to fund that all right uh when did y'all when did y'all start on the repairs after the order well actually we started by knocking down theage okay I didn't know who to use and couldn't find anybody on the inter I asked him using his experiences who has the city used to tear down he gave me three names very good okay we uh yeah but only one of them took the job so we hired did asked Mr strong did he inspect that and he said he drove by which I think is the way he did his inspection well for that I would assume so I would assume so for that because it's either there or it's not there so drive by appropriate that was taken care now the rest of Lifetime was spent moving things out which you can imagine accumulation since 1895 yes sir so that's where we put our money but I didn't have the money the roof was over 20,000 and there was no point in fixing ro ro ro until you fix the roof so I had to do that and no point in pain till we did the paint was around 25,000 which was a low bit yes sir and so it was just a step by step process once I sold that proper and Crue to get the money to do it because her sister's 75 years old and how sad it is they got nothing yes sir so it had to be us to do it okay any other Tes yes sir we had three offers on that yes sir all three back down uh yes sir we were trying said remember you ask us have you listed it yes sir absolutely yes sir but we were trying to sell that yes sir yes sir I any other testimony not from our engine okay I'm going to rule on the case that um the city is going to recover um uh $5,150 I'm going to split the baby and that will come out it won't come out of your pocket it'll come the uh Title Company is holding the funds is that correct yes ma'am that's correct so we will issue a order to them to release those funds and I will do that immediately um I'll have to I'll have to um draft an order for this particular one so it may be tomorrow the next day that we do this and I will um um split the baby as I said for 5,000 $150 because the city has um we have to have and especially on the circle um there's a lot of eyes on these things so that's about the best I can do with it okay appreciate it your honor thank you you did a very good presentation thank you I appreciate it so your recommendation your officer 1500 in the past been around a, 1500 well the reason why I am splitting the baby is because um the fines you didn't stay in contact with him as you should have which I did explain it's part of my cck we that when you are and it's also in the order that you are to contact the um the code enforcement office for reinspection it's also uh when we do the When I close out a case I tell the all the um U recipients of the orders that they are to that he has the authority and it's in the authority that he has the authority to extend the date so if you'd read if You' read your order it would have helped you I know he's told me normal people keep up stff I understand obviously I'm not normal well that's that's basically and I remember this case specifically and you were you were specifically told to um uh make sure you keep in contact with him and it's written in the order did I hear that I heard you say if he needs more time give it to him but it is in the writing yes sir it it's in the writing he has a discretion to extend the date so U if fairness of the city In fairness of the city I don't think I can go any further than half half of it and especially since Miss asle is U Miss Schultz has passed so this um the sell is not to her um maintenance now it was at the time and if there was a uh if this did come out as a negative to repay her maintenance while she was alive then that's something for me to consider did did she have um did all of the money from the sale proceeds from the sale go to her care or is it being split between the ears being split between okay then then I think the city is um is more than entitled to having its orders uh held up and I believe that a 50-50 split on it is about as Equitable as we can get okay all right well thank you very much and I'll issue my order and send it to you thank you thank you thank you you s I'll send it to um it'll be with the clerk of court I'll send it to we'll send it the clerk will send it to copy to you copy to you and a copy to um the clerk of court uh to the uh Title Company okay so they'll release that money as soon as possible I did let the title company know we would try to get them something this week yeah I'll get it out probably this afternoon I'll get it to the CL thank you thank you all right who do we have next we have another attorney in the courtroom um his time is uh valuable as well I believe Mr Williamson which case are you here on it's the one Avenue okay if you want to call that one if you'll call the Halls on that one officer strong and in this instance Chris will go first um officer strong will go first let the record reflect that the Halls recall has been no response uh we do have um uh an attorney Wayne Williamson and Pastor for Trinity Church in the in the in the audience here for the case as reflected by the court previously and um the previous representation for Miss uh uh the owner uh waved conflict I do have a potential conflict that my son and daughter-in-law are members of Trinity Church and my son-in-law is the youth pastor is that correct so do you wave Mr Williamson do you wave any potential conflict that this court may have wa thank you all right you may proceed thank you this is a non-compliance case for case number 2022 00179 violation is chapter 14 section 14-2 newst and Hazards un conditions General requirements property at 826 baldon Avenue partial number is 253 November 1 191970 0000 8263 property owners that beat to place exhibit one shows that is inside the city limits exhibit two is the inspection that was done on 420 of 2023 this is today's date um repairs actually started about three days ago the case was presented at the 420 2023 special magistrate hearing where the property was found in violation of chapter 14 section 14-2 special magistrate required that the property brought into compliance in 120 days which would been 818 of 2023 or a daily F of $50 would be assessed till brought into compliance um 21 2024 code enforc of the property the property was not in compliance um same date prepared and send a new notice of hearing certified mail repaired and posted the property and city clerk posted notice of hearing at City Hall um a 2115 the property is not in compliance but should be completed probably within next week exhibit five is the affid noncompliance exhibit six is the notice hearing zibit s is the tracking zibit 8 please find this property is not compliance please find the proper notice the hearing was given to the respondent a f cured of $8,750 between 818 of 2023 and 25 of 2024 and should be assessed and continued at $50 a day until the property is brought into compliance that's the end of my testimony thank you accept your testimony into the record Mr Williamson would you like to make a presentation you this particular property of course I'm here on behalf of Trinity Fellowship Not That Pizza Place which is a was a Florida partnership two owners both deceased no record of any probate of either partner we have pending a foreclosure case against that pizza place because Trinity Fellowship actually purchased the mortgage that was in a rear and so that that case is still pending before the court and what it's due to be amended I'll be amending it any day for the purpose of these additional costs that the mortgage e which is Trinity is do expending to bring the property into compliance and cure it so so you're mitigating your client's mitigating the damages to the okay in fact while we were sitting in the audience um at this hearing the county finally signed off and said we're clear to do the repairs I think the city had already signed off and the county was questioning our ability as a mortgage e to repair so we've started we've got that approval permits are apparently in place and it is my understanding the awning phase is underway and as the picture showed and should be completed maybe within a week or hopefully not much longer Okay so I guess the request of the Trinity is to I I think the only thing that it appears that Trinity may not have done is keep contact with the code officer it's a I think this one's highly unique in that they're truly not the fault at fault party they're the they're but by default they have to fix it and they they do ultimately the goal of the Foreclosure would be that they acquire title and become legal owner but there's no legal representative to step forward for That Pizza Place there was some I don't know what her relation was there was some child of one of the general Partners running around making claims of ownership but has never engaged into the lawsuit and ultimately I had to sue the partnership and I couldn't there was nobody to serve so we I actually uh talked to our or filed a motion with the court and judge Wells issued an order allowing a attorney ad lium to be appointed uh unfortunately he's been a little bit dilatory to file an answer that's in our favor because I can now amend without seeking leave of court and what we're doing is we're getting the numbers from these latest round of repairs which are I think north of 20 5,000 maybe yeah you know so we're Trinity Fellowship spending the money to get it right um I'm not sure if this is the only issue I know there's the section that Trinity occupies there's the section of that pizza place that has now I think a less it won't be as new of a awning so I don't know where we're at on that but our ultimate goal is to acquire title to that so that they can own the building and do bring all the compliance issues into effect so is there a probate involved in this or just just suit against the company to mind knowledge I don't think I need to probate it but if if someone wanted to come forward and say I'm in I'm entitled to defend I think they would have to do a probate and actually do two um the research part of this was quite crazy just there's and in fact there's no you really there was no way to serve the general partner a dead General partner so I had to had to work my way around it and the partner was the agent for services process MH yeah and if I if I recall on this one uh it was a husband and wife he died and then she passed yes um the lady running around I believe her first name is Jennifer Jennifer something yes is uh Jennifer wink wink was granddaughter think think was it I think maybe you may be right granddaughter uh I think it was her husband that was a chef at the chef in for the pizza place beyond my knowledge but uh but yeah they to my knowledge there's been nothing there uh and your client uh is the lesie is renting half of the yes so they are they started out as the lesie of the West half of the building and in the middle of this she and they even paid rent to this Jennifer Fink who is not really a um person of uh any Authority at all and then at some point they went why why are we talking to you Miss Fink because you're not in charge and then ultimately uh they found wound up saying well they had the opportunity to buy the mortgage that was in a rears because the lady with the owner of Lamar Plaza limited that sold the building to that pizza place was getting older she did not want to continue to deal with the hassle so she sold the mortgage Trinity bought it so they're in fact Lessie of a lease they're the mortgagee of the and therefore have the right to foreclose and that's what we're in process of now did she file a uh a think did she file a um eviction against the fellowship against the church I think she threatened it but never I don't I've not had to deal with anything like that um and of course the the plan was is if she tried it number one she'd have to have authority she'd have to do a probate at least of one of the partners and I one of them I found a will that added multiple children in it so it is a the the history is crazy the I think the um the acral of you know just the amount of money they spent to purchase the mortgage in all of its aers and then all that it's just the value the the the debt to the Trinity is climbing rather rapidly okay um and you your your client has uh started to mitigate because you you didn't realize you could right is that what you're saying and now you realized you can't so when did you get your permits from the city uh we applied for them Thursday this Thursday yeah okay we we have to go ahead on Friday okay and then the county you had to apply with them as well okay yeah the I think the the city I'm not sure who it was if it was City Planning or whatever they said go ahead and then the I had to write a letter to the County Planning I think it's a Miss lonac uh to say no the mortgage allows a mortgage e to you know preserve and protect the property and mitigate damages and apparently that had to go around the proverbial horn and she just sent an email a few minutes ago to M Pastor Steve saying you're you're clear to go but I don't know if there's a permit in their hand yet but apparently it's it's forthcoming okay and uh I guess one question I have is maybe for the officer St is is there other compliance issues beyond that or is that no that was the you can see from the city right away was question and techically the a was not okay so once all that wood is done repair violation is done so if you actually have to wait we done that was not part of my violation okay and and if I understand right what needs to happen is officer St needs to be contacted so he can come out and do an inspection and if you have any um uh delays need to contact him to u to let him know so that he can record it and because he does have the authority under my order to extend if he sees that the parties are diligent trying to make and I think there was in the past was a roof issue because we've replaced the roof as well I don't know if that was on this not on your because I actually did not climb up on that's not true so yes I had a complain about the roof I actually climbed up on the roof from the hairdresser side W up there and there was no violations that I could actually observe where okay where they were talking about holes in the roof and whatnot um because there were supposedly cats getting into the building I couldn't see anything which was actually a violation from okay my standpoint so mine basically was based off the front of the building and the wood what was falling in I can tell when I drove by yesterday and today basically especially today it looks like mostly that is done truthly if you all just put more of the like the same of the pation wood that's already up there I would probably call it in compliance okay I can tell like most of the wood been removed and so so I actually would be willing to lock it at $8,750 as today because I know you you are working on stuff so but reduction would come down to what Mr right and I guess the the one thing we would ask for mitigation is simply it's not our violation we're we're we're de facto at fault and we're doing everything we can uh and we did actually replace the roof because I think what happened is in in even though no violation was assessed that we had a roofer look at it and they're like oh this is a problem and apparently I think water was there was water seepage getting in and going into the barber shop side so as a good neighbor we just went ah barber shop on the way or create I think it's the the the west side yeah so the west side we did that a barber shop and then hall and then your church and then pizza place and then creative I mean did y did y'all do the complete roof over the whole building or only par so the middle section where the pictures were taken where was falling apart we did that whole roof we replastered it I don't know what they use but they they do a membrane or they do a tar membrane it like the white stuff and then we did Corners because we didn't want our neighbors to be affected by it right so uh so we did all that before we could do any of the wood rot stuff and then we ultimately fixed interior repairs that was where the water was coming through including the front piece of it so that's good to go and then now this past week we're going start the next day it do does get pretty expensive yeah okay Mr williamon what is the approximate uh amount of the aages that are owed to the mortgage to the mortgage or at this point in time um for your suit that you have in Circuit Court we are uh we can actually give you it is a the amount that would be owed to Trinity on judgment if we got it today is 73,9 problem is nobody's gonna write a check for that right because at best we get the property in its present condition with you know I don't know how I know main Street's quite old so it's you know the structure has been there for Generations I guess so um okay do you have anything else to present to the court I don't think so okay Mr St do you have any rebuttal okay um Mr marker do you have any comments on this no ma' I see the whether you're the uh it's just like if you purchased it uh you're in the position of a new purchaser that once you purchase it if there's a lean on it you have the obligation to pay it um your situation is so unique this is what I I I think I'm going to do from a or it's what I'm going to do from a standpoint of trying to be fair that you uh the mortgage the mortgage or I.E the church is in a a position to where their hands have been tied on repairs and this sort of thing um and you've got a we have no owner so what I'm going to do is I am going to order the damages to be the 800 I mean the 8,750 however I'll put a caveat that if the church does retain the property then uh they can ask for an appeal of that amount at that time otherwise if it gets sold to someone you're going to get paid first because you're the mortgage company and then the city gets paid if if somebody does come up with 800,000 and you don't you know you're not going to be able to purchase the church because somebody overbid you then we still get our our our fun and if you do win it then you can come back to ask for a reduction and and um at that point in time and we can reconsider it okay than you all right let me get that written in one question at this point are we considering the matter resolved or do we need we I guess still need he'll need to yeah you'll still need to contact him to keep the fines Abey okay so while you're having repairs done I would say once a week or once every two weeks go ahead and and I'll um Mr St with 180 days being sufficient to place on I'll give another 180 days which he can extend if you're diligently trying to make the repairs and uh we're not here to punish we're here to try to get stuff safe so um you know we try to be as Fair as possible and you guys have really stepped up and we appreciate it um I wish other mortgages would do that so and primarily it's the wood Rod issues that as soon as that's yes that part of it you're not really worried about the gutter or the and right now I said I'm going to pause it this m so right now it's locked okay while I see the work is being done um so once once you once all that sticks you call me back I'll go back and look and hope it'll stay at that out okay and then your honor is there a time limit on the to for the notice of appeal I don't exactly uh no now once you once the sale has gone through if you're the owner uh I would we really don't have any protocol on it so you can bring it back pretty much at any time but I would say get it in as soon as possible uh just put it just call the clerk and they can put it on a docket for reconsideration um and um um actually if you would call me because actually I do you do okay okay okay that any papers or briefs or anything that you file file with the CL Mr stra and you can call they'll get it to me okay um so uh let me write this in we'll go from there we have nothing further may we be excused you may well let me um get you a copy of this order real quick now what is do you have your case number uh for the Foreclosure I would like to put it in bring it with me Pastor Steve May what I've added in the mortgage or make if I for reconsideration within 30 days of the finalization of the Circuit Court foreclosure case and so I'd like to put the number in there if I could just to just to have that yeah actually something after the complaint because the complaint probably won't have the file number on it unless they wrote it in first yeah you it's 2022 CA 30 422 and I think for the we would be the TR trenity would be referred to as the morgage yeah or or or plth in that okay I never can get those right [Applause] sir clerk if you will sign both of these and give the second one to the and we'll still need to send copies of these to um the the C the current owner as well and here's the affid compliance once he signs that you're free to go all right thank you I appreciate you coming I the city really does appreciate um you taking you guys Pastor Steve you guys take taking it up and getting it done because the city is really trying to get downtown uh revitalized and so much work has been done down there and it's so impressive and we appreciate what you're doing so much we truly uh uh want to beautify the city yeah uh we did 702 Balin we have a member that just going to open that last one stop Rush there I intend to also beautify the entirety of pizza very good well thank you very much Mr Williams good job thank you thank you right you want to call the halls for the next case I have H I have they're not here okay this be finding a fact hearing case number 2023 00000000 five violations chapter 14 section 14-2 new and hazardous or unsanitary conditions General requirements property is at 262 West Toledo Avenue partial number is 253 November 1 191 19070 00176 property owners of the estate of sc cins exibit one shows the properties inside the city limits and subject to the C code of ordinances Exhibit 2 is the inspection 113 of 2023 Section exibit 3 section on 217 of 2023 zibit four is section on 320 of 2023 exhibit five is expection on 424 of 2023 exhibit six is exection on 530 of 2023 s inspection on 630 of 2023 liit 8 section on 810 of 2023 exhibit 9 section on 914 of 2023 exhibit 10 inspection on 1017 of 2023 exhibit 11 is inspection on 12 one of 2023 12 is SE on two or February the 1st 2024 is the tree uh in the far well my left uh is that on the property on the building or is it in front of the building yeah it's in front of the building okay not touching it yeah from the last couple it looked like it was touching but I figured it was a issue okay go ahead I'm sorry and 13 section on 215 of 24 January 13 2023 while inspecting code enforcement violations I observe a violation of the property of 226 or 262 excuse me West too Avenue I photographed the property I reviewed the Case Files confirmed that there was not ongoing case File I check the Walton County property appraisers office website and it is indicated that the property is inside the city limits of DC Springs and owned by the estate of SC Collins the following deserved a structure that has Grime and mold on the exterior wood rot forming in the eaves broken windows graffiti painted on the structure and needing a paint and maintenance um January 17th 2023 I prepared and sent a noce notice warning to the property owner um at that time it was being sent to Miss Donna Thompson um February the 17th of 2023 to the property the V will observe Don Thompson made contact on behalf of the family she um requested a 30-day extension while she discussed the property with other family members for a course of action March the 20th 2023 I expected the property the violation still observed Don Thompson has contacted an attorney to start a probate process April 24th 2023 the property Dev still observed um May the 30th 2023 the property the bi still observed June the 30th 2023 the property s observed August the 10th 2023 speak the property the violation is still observed August the 14th 2023 I um prepared a letter on the letterhead and sent to Donna Thompson for a status of the probate um September 14th 2023 the property Reserve Don Thompson and her had her name removed from the property and basically said she was done with the property okay September the 15 2023 appeared sent a notice of violation to the property owner um at that time it's going to 262 Toledo which is vacant did Miss Thompson indicate whether or not a probate had been filed no ma'am she did not and when I searched through my court systems I couldn't find one being filed for that name October 19th of 20123 I prepared s violation of certified mail with a return receipt to the property owner certified mail was 7021 2720 00002 2887 0556 um on the December the 1st 2023 the property device observed February the 1st 2024 the property device still observed I appear and sent a notice of hearing certified mail with a return receipt to the property owner the city clerk posted the notice of hearing at City Hall and the property was posted by code enforcement certify mail was 7021 2720 00002 2886 9826 February the 15 2024 expect the property on the date of the hearing the property shows no improve in no change condition divit 15 is a letter of violation divit 16 is a letter on the letter head asking for a status update um exhibit 17 letter of violation exhibit 18 letter of violation certified mailit 19 letter of violation tracking is returned back to me um exhibit 20 notes of hearing certified mail um this is the tracking for the no hearing it was returned back to me um exhibit 22 recommendations please find the property of 262 West too Avenue defix Springs forward to parcel number 253 November 1 191970 00176 is located within the municipality area Phoenix Springs of Walton County and is subject to the city of Springs code of ordinances please find that the violations of the city of strings code enforcement chapter 14 section 14-2 on the property please find the proper notice to hear was given to the respondent the respondents correct the violation with 120 days the DAT of this order and that respondents further ordered to contact the city def Spring's Code Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order that the respondent fails to comply with the above actions or fails to bring the property into compliance with the capable codes ordinances and regulations according to this order special mate will assess the fin $50 a day until the property is brought into compliance that's end of my testimony I accept your testimony into the record your presentation and the evidence presented uh your PowerPoint and all of your exhibits 1 through two 1 through 22 is there anyone here to speak on behalf of this property no all right then I will issue my ruling I do find that this property was properly brought before this court it is within the city of defc Springs is subject to the city of defc Springs ordinances State of Florida and uh Walton county code and statutes I find that the property was properly noticed by posting on the property mailed to the estate and the clerk posted it here at the um the city hall in in compliance with Florida Statutes the real owner of the property um is required under statute number Florida statute 16212 to uh maintain and keep this property in order and under chapter 14 of the city code nuisance and hazardous conditions uh 14-2 and under uh Public Welfare safety and within the meanings of Florida statute 16264 sub chapter 4 um the foregoing is going to be uh placed on lean against the property they will have 120 days to come into compliance with the U with this order or they will assess a fine of $50 per day and code enforcement has the authority to extend compliance on behalf of the special magistrate by showing a good faith effort by the respondent and the respondent also has the duty to contact code enforcement for um an inspection in order for any fines that are uring to be evaded so ordered you want to call the hall for your next one yes ma'am for CER thank you oop and also here's part of the package as well there we go part of the evidence you may call your next case finding a fact hearing case number 2023 00000000 34 let let the record reflect that you did call the hall and no one has responded thank you go forward violation is chapter 5 Section 5-3 permits in section chapter 18 section 18- 66 accessor uses and structures properties of 512 dorsy Avenue partial number is 363 November 1 191 960000 0180 property owner property owner is Donald L Graham exhibit one is the um proper phasers listing showing inside the city limits and subject goed ordinances exhibit two in section on 319 of 2023 is the blue um accessory building there on the front is this the new Club Ice Club Ice yes ma'am okay exhibit three inspection on 328 2023 exhibit four inspection on 53 of 2023 liit Five inspection on 62 of 2023 exhibit six inspection 81 of 2023 exhibit 7 inspection of 911 of 2023 exhibit eight inspection on 1012 of 2023 exhibit 9 exection 1116 of 2023 exhibit 10 inspection 13 of 2024 exibit 11's inspection on 21 of 2024 and inection on today's date um six 21524 is now in the rear of the building exhibit 13 on March the 9th 2023 I received a complaint from Mr Andrew Miley regarding the property of 512 dorc Avenue partial number 363 November 1 9196 00180 I received the I review the open cases files and verifi there was an ongoing case File and then check the Walton County property frasers office and indicated the properties owned by Donald L Graham I drove to the property of 512 dorsy Avenue where the inspection from the city of Springs right away was completed along with photographs the violation received from Andrew Miley was not observed but I observed a different violation What was the violation she complained um he was complaining about having a vehicle there's a vehicle that he's been parking there in the front which is actually city right away which is right I talked to Mr Graham and he would park it there only during their business hours and then he would move it and so the vehicle had been removed as his I request beforehand okay go ahead um a building that has Electrical Plumbing um that was not permitted by the city the springs or by wal KY building department and a blue storage building in the front portion of the property um March the 10th 23 appeared and sent a warning notice to the property owner March the 28 2023 expect the property device still observed May the 3rd of 2023 expected the property devic will observe Donald greaham has been in contact with the Ping director director and Endeavor to find a solution to the situation on June June the 2nd 2023 expect the property V still observe the 30day extension was granted August the 1st 2023 expect the property served a 30-day extension was granted August the 4th 223 SP and sent a notice notice violation certified mail return receipt to the property owner certified mail was 7021 27202 2887 0280 August 8th the 20 or August the 30th 2023 at the request of planning director I was deter determined different I was to determine different options for Donald Graham it was determined that the accessory structure was partially in the city um right away Donald Graham was to either to acquire the RightWay from the city and request a variance for the ordinance or um or move the structure the uh so he chose to move the structure I was going to ask corre um would the city have granted him well he he could gone through an abandonment to request the part of that that whole right away to be resolved and half of it been given to him and the other half given to the other property owner um so this is on an Alleyway not a not a used well it's an undeveloped road but it's still owned by the city okay thank you um September the 13 of 2023 the property the still observed Donald Graham is to have is to have discussion with the plan director regarding the two options October 12th of 2023 the property the still observed I was directed to go to five or 512 dor Avage to give three options for relocation of the Str stre structure of those three locations one was in the rear one was on the side and the other one was still in the front for the abandonment if that's what you really wanted on November the 16th of 2023 the inspect I expected the property the so oberved January 3rd 2024 expected the property the vi was still observed February the 1st of 2024 expected the property the vi was still observed par and sent a notice of hearing certified maale return receipt to the property owner the city clerk posted the notice of hearing at City Hall the property was posted by code enforcement February the 5th certified mail was 7021 2720 00002 2886 9840 February 15 2024 the property the property on the date of the hearing structure has been moved to the rear of the primary structure the property is in compliance zit 14 is the letter of violation um zit 15 is the letter of violation certified mail um tracking for the letter of violation zibit 17 is nose hearing exhibit 18 no hearing tracking um exibit 19 recommendations please find that the property of 512 dorsy Avenue forward parcel number 363 November 1 9196 0000 0180 is with the muncipality area Defan Springs of Walton County and is subject to the city of Defan Springs code of ordinances please find the on the violations of the city Defan string ordinances chapter 5 Section 5-3 chapter 8 or chapter 18 section 18- 66 on the property please find that the property knows the hearing was given to the respondent if the respondent allows the same violation to occur he'll be considered a repeat Defender and my testimony good I accept your testimony and your your um um evidence into the record including your PowerPoint uh anyone here to speak on behalf of Donald Graham or uh 512 dorsy Avenue hearing none I'll render decision I do find that this uh property is in within the city limits of the city of Dunc Springs and subject to its ordinances and ordinances of WT County and the State of Florida I find that uh proper notice was given to the property owner regarding um let see here we go regarding the violation I do find that there was a violation uh on the property at the time uh during which the investigation was ongoing and on February uh February 15th 2024 uh the property has been brought in violation uh uh brought into compliance excuse me so there will be no fine assist at this time however if this um violation is repeated again then it will be a repeat violation thank you very much I call you next case thank you this is on one of them I'm not sure which one let the record reflect that the Halls were called there's been no response thank you may begin finding a fact hearing case number 2023 00119 violations are chapter 146 14-2 new citizen Hazard this or unsanitary conditions and requirements properties at 55 South Park Street partial number is 253 November 1 919 4400 Alpha 0010 property owner is James A Williams one is the showing that the properties inside the city limits and subject to the code of ordinances exhibit two inspection on 626 of 2023 exhibit 3 is inspection 81 of 2023 position on on the same date 4 inspection on 911 2023 um what you can barely see at the top of the house right there is actually starting to cave in and there's a hole is this the old Russ house across from Park uh yes okay five spee on 1017 of 2023 is the door is at the screens on the slide screen so the door is is secure yes okay but this section of the roof is actually starting to wave which shows that waterers getting in is causing the um warping of the roof okay continue more of on 1017 the holes gotten bigger there at the top now they did replace the um the siding back on by that window exhibit or six inspection on 121 of 202 3 is this house occupied no ma'am okay thank you go ahead more on two or 121 of 2023 divit s expe 21 of 2024 you can see now from the distance the hole is actually you can actually see it really well now and the siding has fallen back off on the side of the um of the house did they put up new siding or put up old siding they put old siding back up okay and it fell right back off fell back off and this is expect um the inspection on today's date okay and there's the now you can see the whole better um on June 26 2023 while inspecting code enforcement violations observe violation of the property on 55 South Park Street I photograph photographed the property and review the Case Files confirmed that there was not an ongoing case File and I checked the Walton County property rep office website and it indicated the property is inside the city limits J Springs and is owned by James A Williams The Following will observe a structure that has Grime mold possible wood rot a hole in the roof um siding that is falling off the structure chipping peeling paint that is allowing the wood to be exposed to the elements and that needs to be painted on June 28 2023 appear and sent a warning notice to the property owner August the 1st 2023 expect the property violation observed August 4th 2023 I pr s a notice of violation of the property owner September of 2023 expected the property the violation still observed September 13th of 2023 I prepared and sent a notice of violation to um the property owner October the 17th of 2023 I expected the property the isense will observed August 19th of 2023 I appeared and sent a notice of violation certified mail with attor receipt to the property owner certified mail was 7021 27202 2887 0563 December the 9th 2023 expected the the property the violation still observed February the 1st 2024 expected the property viation still observe prepared and send a notice hearing with certified mail with attorney receipt to the property owner the city clerk posted the notice notice of hearing at City Hall and the property was posted by code enforcement certify mail was 721 27202 2886 9857 February the 15 2024 the property the day of the hearing the property shows no improvement and no change condition exhibit 10 letter of violation exhibit 11 the letter of violation exhibit 12 the letter of violation exhibit 13 the letter of violation certified mail exibit 14 is the letter of violation tracking return back to me exibit 15 no of hearing um it's still out for delivery um exhibit 17 recommendation please find that the property of 55 South Park Street defense strs Florida partial number 253 November 1 191 9444 Alpha 0010 is located within the municipality area of defc Springs of Walton County and is subject to the city of f Springs code of ordinances please find out the violations of the city of heing code of ordinances chapter 14 section 14-2 on the property please find that the proper notice the hearing was given to the respondant the respondent is to correct the violation with 120 days the date of this order and that respondent is further order to contact the city strings Cod board's office to arrange for a reinspection of the subject property and to verify compliance with this order if the respondent fails to comply with the above actions and fails to bring the property into compliance with the capable codes ordinances and regulations according to this order that the special man will assess a $75 a day fine until the property is brought in compliance which is in my testimony okay thank you for your testimony I accepted into the record I find that um uh that your evidence is also admitted to the record is there anyone here to speak on behalf of properties no I'm just sitting okay I will render my order at this time I do find that this uh property has been brought before this court uh after due notice and um the property is within the city limits of defc Springs subject to its code of ordinances also to subject to State of Florida and Walton County ordinances I find that James A Williams whose mailing address is 208 dorsy Avenue FC Springs Florida is the only and he has been properly noticed through the mail also through Pro uh posting on the property and posting in the city of defc Springs by the city clerk I find that this property is in violation um in accordance with Section um um just a second hold on we didn't put that in the order yeah 14-2 uh chapter 14 section 14-2 of the city uh City I find that a oops hold on I find that the uh respondant will have 120 days from the date of this order to uh correct the violations and he is under obligation he or his U his assigns are under the obligation to contact code enforcement to verify compliance with this order if they fail to comply within the 120 days to bring the property into compliance with the applic codes ordinances and um regulations according to this order then a special fine of $75 a day will be assessed on the property until it's brought into compliance also I rule that the code enforcement officer Chris Stone can extend the uh dates of compliance uh if he sees good good faith efforts to make repairs but the again the uh homeowner or the property owner has to contact you thank you so yeah this one has um what happened on this order it says code section choose a section I'll will correct that one yeah I let you correct it any more case all right we are adjourned on um we're off the Record at this time