##VIDEO ID:2nuDuZ2U0n8## we'll call to order excuse me John I'm sorry to interrupt your conversation but we'll call to order the U City of defunc spring special magistrate hearing for code enforcement it is 2 o'clock and we are on the schedule uh if everyone will stand and say Pledge of Allegiance pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you very much you may be seated are you here to testify okay um let me read um our instructions as to what goes on can you hear me okay okay uh this is the um the code enforcement officer Chris St represents the city and will be will present the city's evidence of code violations on the properties within the city he will do so by testimony photographs videos PowerPoint presid presentation and other witness testimony once officer ston has completed his presentation of this case you the landowner will present your testimony and evidence as to why you're not in violation and you may ask questions of Officer strong and his Witnesses and present Witnesses on your own behalf once both sides have presented their case I will consider the evidence and render a ruling based on the evidence presented by both sides an order will be issued and you'll need to stay until the clerk of court can present a copy of the order to you the order if if a violation is found we usually give a period of time to correct violation and if you do correct the violation it's your duty to contact Code Enforcement office to verify the correction in order to stop any fines from acre against you um everyone who may testify please uh before this court please stand to be sworn in if you'll raise your right hand please do you solemnly swear or affirm that the testimony or evidence that you present to this court is the truth the whole truth and nothing but the truth so help you God okay thank you please let the record reflect that all Witnesses present have have um been sworn in and officer strong you may call the halls for your first case oh and if you have a cell phone uh turn it down to vibrate if you don't mind please all right you may begin your case um finding a fact hearing case number 2024 000033 violations chapter 5 Section 521 unsafe structures addresses at 40 Coy burges Loop partial number one2 November 1 980000 001 000010 Property Owners Big Boss 5 LLC exhibit one shows that the property is inside the city limits and subject to the deerings code of ordinances Exhibit 2 is inspection on 37 of 2024 exibit 3 ISE 918 of 2024 as you can see the um holes go all the way straight through wow and are those close to the gas pumps oh yes ma'am that's the that's the pylons holding of the canopy over the gas pumps wow and those are on the ones on the north side of the of the building for inspection on 10 3 of 2024 and at five since today's date 1017 2024 yes go that take yes yes because it's public it's it's just like any business from a distance did you do from distance no I actually was driving through and driving around the the I I didn't know we were on same grounds as a regular priv no uh this is different just like a parking lot he can go on to any public parking lot that's used for public use go ahead thank you um March 7 2024 code Code Enforcement received a email complaint from um Jim Donahue regarding the propy of 40 core vires Loop including photographs of the pylon supporting the canopy I reviewed the case files and confirmed there was not an ongoing case I checked the Walton County property appraisers office website and indicated the property is in city limits of defix Springs and owned by Big Boss 5 LLC um the following was oberved pylon showing rust and metals um deterioration and holes that you can see through the entire pylon um I emailed Walton County building department requesting inspection of the property for violations by the building inspector um September the 18th 2024 Cod enforc received an email from the Walton County building official Mr Billy Bearden stating that the that the canopy supports are not are very deteriorated and rust badly which present A Hazard to anyone that might be under the canopies and needs to be repaired being the before the canopy could possibly collapse with the winds and produced by storms U I expected I expected the property the violation was still observed appeared and sent a not violation certified mail or return a receipt to the property owner CER I mail with 7021 2720 00002 2887 3182 and it was delivered October 3rd 2024 expected the property and sent a notice of hearing certified mail with attor receipt to the property owner the notice of hearing was posted at City Hall no hearing was hand delivered to a female employee in the business by code enforcement Sur I mail was 7021 27202 2887 32 98 and it was delivered October 17th 2024 expected the property on the day of the hearing the property shows no improvement and no change condition let me ask you a couple of questions uh if you'll go back one before that on um uh you have uh where it says oh the third to the bottom line where it says September 18th Billy Bearden uh rested badly that should be rusted is that correct yes ma'am so we'll make a scribers correction on that for the record and then the second question is um oh heck I forgot about the question was go ahead I I'll remember it in a minute exhibit seven is a letter of violation certified maale exhibit eight is a letter of tracking showing was delivered exhibit nine notice of hearing certified mail exibit 10 notice of hearing tracking showing was delivered okay and where would those sent to defc or toach very good okay that was my other question go ahead um exhibit 11 the recommendations please find that the property of 40 Court Virg Loop defance Springs Florida partial number one Z2 November 1 980000 001001 0 is located within the municipality area Defan Springs of Walton County and is subject to the the city of Defan Springs code of ordinances please find that the violations of the city Springs code enforcement or code of ordinances chapter 5 Section 521 on the property please find that the proper notes the hearing was given to the respondent the respondent is to correct the violation within 30 days the date of this order and that the respondent is to further order to contact the city defix Springs Code Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order that if the respondant fails to comply with the above action or fails to bring the property into compliance the capable of the capable codes ordinances and regulations according to this order the special Magistrate assesses A F of $250 a day until the property is brought into compliance um Mr Billy beardon with the Walt County building department is here to testify as my um Bas witht this okay very good Mr Bon if you'd like to come forward please would you state your name for the record please sir and your position Billy Bearden Walen County billing official thank you Mr Bearden um does this uh the the looks like it's rusted all the way through and I'm not sure how these these pilings are holding up the canopy is it a public danger yes ma' certainly is is an immediate danger yes ma'am in your opinion you feel that this is a necessary is this a case that would be appropriate to be referred also to the Department of Agriculture think a very good possibility because they do government gas stations I would I would like uh for you or Mr stra to also report this just because of the the public necessity for this one because that to me if that that falls you've got gas gas pumps that could explode and kill knock them over yes ma'am yeah so um if one of you would be be willing to do that I'd be appreciate it on both of you um anything else you need to add to it no I think the pict speak for theel oh they do very much to real bad J we appreciate your assistance in this matter and I appreciate everything that you do for the county you're a very valued employee thank you thank you all right is there anyone here is that the is that the rest of your testimony yes okay uh is there any I accept into the record um Mr st's evidence and his testimony of the witnesses and his testimony and his PowerPoint presentations is there anyone here to speak on behalf of big boss 5 LLC anyone here hearing none I'll render my decision I do find that this um this case is an emergent one and I find that the uh this was brought before a public hearing before me on today's date October 17th after due notice to the respondent and and um after hearing testimony under oath receiving evidence and and argument I find the following fact of conclusions the law fact and I order as following the respondent big boss 5 LLC whose mailing address is 42 Business Center Suite 101 mirar Beach Florida 32550 is the owner of the real property described as and also known as 40 Cory Burg Loop def ex Springs Walton County Florida partial ID number 10 21918 000000001 00001 0 the real property listed above is located and existing within the city of defc Springs Walton County Florida respondent as the owner of the real property is responsible for maintaining the same in accordance with the code of ordinances of the city of defc Springs and all notices have been made in accordance with Florida statute 162.5 and county code uh conditions presently exist on the property in violation of city code section chapter 5 5-12 unsafe structures and conditions constituting a nuisance and serious threat to public health safety and Welfare within the meaning of 162.000 6 sub paragraph 4 farida statutes it is a lawfully constituted code enforcement proceeding convene chapter to convene pursuant to chapter 162 part one of Florida Statutes and chapter 18 of the city of FC Springs land code I find that I have jurisdiction over the subject matter and over the respondent I find that the respondent is to correct the app said mention violation before 30 days actually I'm going to go for 15 days because I feel that this is eem emergent and a fine of $250 per day will be imposed if the respondent fails to repair it in that period of time the respondent is further ordered to contact the city of Def sprs Code Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order I also uh allow that the city code enforcement office has the authority to extend the compliance date on behalf of the special magistrate upon a showing of good faith effort by the respondent so order oops let me give you the second one right you may call the halls for your next case please thank you I think I gave you my um my copy of the agenda to oh really I here you go who knows thank you we got it thank you Mr drink water is here present okay Mr drink water if uh are you and uh the lady with you are you going to be testifying or any of you going to be testifying today yes sir you should uh and if if you may be testifying as well I'm going to be swearing you in and sir in the back are you testifying today or are you just here to watch are you yeah are you gonna be testifying today or are you just here to watch oh okay I can't see that far on if y'all all um if y'all raise your hand you can stay in your seats just raise your hand do you somly swear or you stay there for right now do you Solly swear or affirm that the uh evidence that you testify before this court is the truth the whole truth and nothing but the truth so help you God I do thank you go ahead and have a seat um and they'll we'll call you up at the end of Mr um officer Strong's testimony Mr drink water thank you okay you may present your case finding a fact hearing case number 2024 000010 violations chapter 14 section 14-3 violations enumerated address is 389 College Avenue partial number is 363 November 1 91950 000000 0460 property owner is Tristan G drink water exhibit one shows that the properties inside City Limits and subtitute the code of ordinances exhibit two on Section 429 of 2024 exibit 3 inspection 530 of 2024 exibit four inspection 718 of 2024 exibit five SP 823 2024 exhibit 6 inspection 9917 of 2024 exhibit 7 section 101 of 2024 on today's date inection 1017 of 2024 um the front yard has been mowed down but the rear yard is still well past the um 12 inches it's more closer to almost two foot in the back in certain intersections has the all the the trash been removed from the front too yes ma'am there's just some kids toys down there in the front so on April 29 2024 couldn't forc received a complaint from nor Herring regarding the property of 389 College Avenue I drove to the property and oberved a violation at the property I photographed the property I review The Case Files confirmed there was not ongoing case File I checked the Walton County property appraisers office website and indicated that the property is in the city limits of Defan Springs and owned by Tristan G drink waterer the final Reserve accumulated discarded personal property or other materials on the property and overgrowth of grass weeds and wild vegetation of the height 12 in or more from the grounds on April the 30th 2024 I expected I prepare and sent a warning notice to the property owner on May the 30th 2024 respected the property violation still observed May the 31st 2024 paron sent a not violation to the property owner July the 18th of 2024 expected the property the violation is still observed on July 22nd 2024 prepare and sent a notice of violation to the property owner August 23rd 2024 the property the the violation is still observed August 29th 2024 I prepared and S a notice violation certified mail return receipt to the property owner certifi mail was 7021 2720 00002 2887 3144 and it was delivered September the 17th 2024 expected the property the violation still observed October the 1st 2024 expected the property the violation still observed appear and sent a notice of hearing certified mail with return receipt to the property owner the notice of a hearing was posted at City Hall and the property was posted by code enforcement um certifi mail was 721 2720 00002 2887 3236 and that's still out trying to be attempted to be delivered August the 2nd 2024 I prepared um the excuse me October the 2nd 24 the property was posted by code enforcement it was one late being posted at and from when everything else was sent October 17th 2024 to the property and the the date of the hearing the property the front yard shows Improvement but the rear yard still need be M EX 10 is a letter of violation exhibit 11 is a letter of violation exhibit 12 is a letter of violation exhibit 13 is a letter of violation certified mail um exhibit 14 violation tracking show is delivered exibit 15 notice the hearing exhibit 16 notice of tracking showing is still being attempted exhibit 17 recommendations please find that the property of 389 College Avenue defix Springs Florida parcel number 36 3 November 1 1919 050 000000 0460 is located within the municipality area of Def Phenix Springs of Walton County and is is is subject to the city of Springs code of ordinances please find that the violations of the city of Def Springs code of ordinances chapter 14 section 14-3 on the property please find that the proper notice of the hearing was given to the respondent respondent correct the violation within 30 days the DAT of this order and that this respondent is further ordered to contact the city Springs Cod of Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order that the respondant fails to comply with the above actions or fails to bring the property into comp compliance with the capable codes ordinances and regulations according to this order the special magistrate assesses the F of $50 a day until the property is bar in compliance that's my testimony thank you I accept your testimony into the record as well as your PowerPoint presentation and your other uh exhibits um into the evidence Mr drink water if you'd like to come forward and testify if you'll state your name for the record and your address please uh Tristan G drinkwater of 389 College evue okay Mr drinkwater um have I noticed it said that you had mowed your front yard are you um able to get your backyard taken care of and the rest of this stuff taken care of within 30 days uh yes ma'am okay I I just broke my Sling Blade so I'm actually getting that fixed um hit a hit one of the roots that are sticking out okay very good uh anything else you need to tell me to before I make a decision regarding your case um no um I I think everything seems to be correct yes sir and they will he's he's he's requested to give you 30 days in order to get all this fixed and also in my order uh I will I'll tell you this ahead of time I'm going to allow him to extend that 30 days if there's a good reason to do so so it's very important that you stay in communication with officer strong so that if such as if the blade doesn't come in in time um then he can grant you an extension but it has to be F of showing a good faith effort on your part will that help you yes ma'am okay and so there's no fine until that 30 days or whatever amount he extends it expires and also at the time when you do come into compliance you mow it and everything call his office so that they can come in and he can come out and confirm that you've complied with everything and that stops everything that stops any fines from acre and it also if you're in within that 30-day or longer period it stops any fines from ever ACR okay yes ma'am all right if you'll wait um I'll issue my order and we'll give you a copy of it while you're here appreciate you coming in and testifying and facing up to this thank you thank you sir would uh your uh lady friend like to make a statement at all you'll state your name for the record please I am Elizabeth Wilson I am his girlfriend um I did mentioned to my father U like the beginning of the month that um about the hearing and the yard looking like it is he my parents live in a in an apartment now um they moved in there for for the past year now so um he did mention my dad mentioned that because of the apartments of being mode like they they do that they don't have to worry about about that so he is going to be giving us their lawn mower oh very good yeah so he's going to have his co-workers um fix it up for him and I'm gonna be um bringing it bringing it to the house okay very good yeah as as I told Mr Tristan um make sure you contact M officer strong strong as soon as you get it done so he can come out and verify and that stops everything okay so far as the city's concerned we just as we really want complain liance we not interested in the F so much as we are the compliance okay so thank you for coming today you're welcome all right is there anyone else who wishes to testify on behalf of this matter hearing none I'll issue my my findings the case of city of defc versus uh Tristan drinkwater I find that this case has come before public hearing um before me today's date October 17th 2024 after due notice to the respondent and special magistrate having heard testimony from both officer stra and uh the owner's U owner and his girlfriend I find that the evidence that I've received heard and argued and I issue the following finding a fact conclusion of Law and Order as follows the respondent Tristan G drinkwater whose mailing address is 389 College Avenue defc Springs Walton County Florida is the owner of the real property described and also known as 389 College Avenue to func Springs Florida Walton County Florida parcel ID number 363 north1 91950 00004 0460 the real property list above is located and existing within the city of defc Springs Walton County Florida respondent is the owner of the real property and is responsible for maintaining the same in accordance with the code of ordinances of the city of defc Springs all required notices have been made in accordance with Florida Statutes 162.5 and county code conditions presently exist on the subject property and violation city codes section chapter 14-1 14-3 violations enumerated such as conditions constituting a nuisance or a serious threat to the safety of the public safety and Welfare within the meaning of 162.000 6 subp paragraph floor Florida Statutes this is a lawfully constituted code enforcement proceeding convened pursuant to chapter 162 part one of Florida Statutes and chapter 18 of the city of defc Springs Land Development code and I have jurisdiction over the subject matter and the respondent I find that the respondant is to correct the violations honored before 30 days at the date of this hearing or a fine of $50 per day shall be imposed and the respondent is further ordered to contact the city of defun Spring's Code Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order I also um ordering that the code enforcement has the authority to extend the compliance date on behalf of the special magistrate upon a showing a good faith effort by the respondent so ordered if you wait just a minute will'll have a copy of the order for you okay you can call the hall for your next case please thank you thank you oops I have front page of the origal water we got to our is he giving them the cop their copy yeah um I believe he's call oh okay okay PA has been called no one's present okay this is compliance hearing case number 2018 00152 the violations for chapter 14 section 14-3 violations enumerated chapter 18 section 18- 53 travel trailers mobile homes and manufacturer homes address is 174 aod Drive parcel number is 213 November 1 19 1 9010 002 004 property owner was John and Mar and Fry exib one shows the property inside the city limits subject to code ordinances four final report the case was presented at the 318 2021 special magistrate hearing where the property was found in violation of chapter 14 section 14-3 and chapter 18 section 18- 58.1 case presented at the 1021 our 1021 2021 special man hearing where the property was um found in compliance and the fin of $7,450 had occured between the final order date of 419 2021 to the corrective action date of 9:15 of 2021 where lean was placed on the property on 11:28 2023 the the administrative F of $7,450 um has been paid leaving the balance at zero um 101 of 2024 fa S no hearing to certify mail um and still out for delivery pred and posted the property and the notes hearing was posted at City Hall um the assist not of um hearing s not hearing tracking showing still up for delivery please find the property is in compliance please find that the proper notice the hearing was given to the respondent the a f a cured of $7,450 between the final order date of 419 and 2021 to the corrective action date of 9:15 of 2021 and 1128 2023 the Ministry fine of $7,400 has been paid leaving the balances zero so this is basically just to close out the um the Le the property is there anyone here to speak on behalf of 174 Arrow Drive John or Maryanne FR hearing none I'll go ahead and issue my issue my finding um city of defun versus John and Mariam frire this CS originally came before me in the city of defc Springs Walton County Florida on March 18th 202 21 for findings of fact conclusion of Law and Order and on Thursday October 21st 2021 an order imposing fine administrative lean after due notice to parties at which time the special magistrate heard testimony under oath received evidence and being otherwise fully advised of the premises in ordering a certain corrective action on Thursday October 17 2024 and after due notice to the respondent special magistrate having her testimony under oath received evidence and heard argument hereby issues as finding a fact conclusion of law orders as follows respondant was required to take certain corrective action only before 419 2021 failing which a fine of $50 per day would begin to acre as specifically set forth in the finding of fact conclusions of Law and Order an Affidavit of compliance has been filed by Code Enforcement office which affidavit certifies under oath that as of 9:15 of 2021 the required corrective action had been taken as ordered a respondant has complied with the finding of fact conclusion of Law and Order is hereby ordered that respondant has comped apped on 9:15 uh 2021 and a fine of 7,400 I believe that should be is that date correct of 2021 when they complied okay uh that a fine of of $7,450 acred between the corrective the final order date of 914 of 2021 and the corrective action date of 9:15 of 20 1 as of Tuesday November 28 2023 the administrative violation of $7,450 has been paid leaving a balance of zero certified copy of this order may be recorded and once recorded shall constitute a release of any lean against the prescribed property and any other real and personal property owned by this respondent pursue it to CH chapter 162 of Florida statute done in order today's dat it's amazing how fast it adds up is it okay thank you very much and U Mr drink water you guys are free to leave whenever you like now too just just say I just want to make sure you got a copy of the order thank you I mean you're welcome to stay but you're free free to leave as well thank you Halls have been called no one's present okay you may proceed compliance hearing case number 2024 0000000000 Z3 violation was chapter 14 section 14-2 new Citizen and hazardous or Oran conditions General requirements chapter 18 section 18- 58.1 wreck junk abandoned vehicles and of property address is north 11 Street um parcel number is 253 November 1 91970 001 6941 property owner is Doris stalker Wilson and Reginal s stalker exhibit one shows the properties inside the city limits and subject to the code of ordinances um exhibit two final report case presented at the 8:15 2024 Special M hearing where the property was found in violation of chapter 14 section 14-2 and chapter 18 section 18- 58.1 special magistrate required the property brought into compliance in 30 days 914 of 2024 or a daily F of $50 a day would be assessed until brought to compliance 913 2024 speak to the property and the property is in compliance um 101 2024 um prepare and sent a no hearing certified mail it is still out for delivery um paired and posted a no hearing at the property and City and city clerk posted no hearing at City Hall 1017 2024 the property is still in compliance umit three is the affid compliance doit four is notice of hearing doit five notice of hearing track showing still up for delivery exib recommendation please find this property is in compliance please find that the proper notice of the hearing was given to the responded and a fine of Z secure between 816 of 2024 and 913 of 2024 as a end of my testimony is there anybody one here um on behalf of Doris stalker Wilson or Reginal stalker anyone here on behalf of this property hearing none uh and thank you for your testimony I accept your testimony into the record as well as your um your exhibits and PowerPoint presentation this cause originally came before me on uh August 15th of 2024 after due notice to the parties at which time I heard testimony under oath received evidence and being otherwise fully advised in the premises and ordering a certain corrective action on Thursday October 17th 2024 after due notice sent to the respondent special magistrate having heard testimony under oath received evidence and heard argument hereby find issues it's finding a fact conclusion of Law and Order as follows respondent was required to take corrective action on before Saturday September 14th 2024 failing which a $50 a day fine would begin to acrew as specifically set forth in the findings of fact conclusion of Law and Order an Affidavit of compliance has been filed by the code enforcement officer which affidavit certifies under oath that as of Friday September 13th 2024 the required corrective action had been taken as ordered respondent has complied after the required corrective action date with the findings of fact conclusion of law in order heard on August 15th of 2024 it is thus hereby ordered that the respondant has complied as of Friday September 13th 2024 and a fine of zero has approved between the final order date Thursday August 15th of 2024 and the corrective action date of Friday September 13 2024 a certified copy of this order may be recorded and once recorded shall uh shall constitute a release of any lean against the above described property and all other real and personal property owned by the respondent pursue it to Florida State chapter 162 all the halls for you case thank you ma'am thank you the um next case is actually just going to be a um an update for you regarding um case number 2020 0068 which is the um pageant Pro property okay this is second 20 21st Street traal Park yes ma'am okay as of um Monday October the um 14th the um city is now in possession of the um property and will be taking on the responsibility of bringing the property in compliance the property was turned over to the city along with um a fine of $44,100 both the order and the warranty deed has already been recorded at the courthouse okay did that warranty deed uh reflect the the Mr pageant as well as the the text no it only reflected um the text okay since they were technically the um New Property Owners okay as I remember we had an issue with that when we were hearing the case because he had it would have been a handshake deal I just want to make sure everyone was included yes ma'am um the whole process was done through um Mitchell in and tile very good okay very good well congratulations on getting that concluded and hopefully we can get uh I don't want the city to come before me for violations of its own ordinances now well I talk to Mr Tech he actually believes that everyone will be out of the um property by the um end of this month but we actually gave until November the 15 to have everyone out before we actually started to um demolish everything okay what type of notices did were they giv were they given eviction or were they given unlawful detainer no notices I believe they're G eviction they actually had a basically month-to-month um they have a written contract so when we we met with the text that's something we talked about was given from OCT that was October Friday October one and so we give given 45 days till the 15th mostly out of a good faith effort right if for some reason we get to the 15th and people still there then we'll go to we will go the legal process very good um and then at that point once they're out we're going to contact W County Sheriff's Office to maybe coordinate um with their program they have so they'd be so willing to come and assist very good that's using the inmates to help demolish it in the program very good thank you right that end of all things that are on the doc Mr vulker I I know you're here but um we don't have you on the docket today you're not on the docket so you'll need to get on the docket and everything will stay the same but you'll need to get on the docket I can't hear it without you being on the docket contact him and ask him to put it on the docket for mediation or arbitration and I think we're going to have will we have the new form by then uh the arbitration form I know you sent me an arbitration was for review yeah we do chapter 11 that's one of the things that come on come forward real quick or ruction and one reason I can't hear today it's not publicly noticed even though you're here the city's here the public hasn't been appropriately noticed and so it's illegal for me to hear it right now uh but I'll be happy to hear it and um I understand you're you're improving the property that is correct thank you the uh the old structure has been demolished the homeless encampment has been removed and we areour ly prepping so that we can build two single family residences on the property very good so very good what do I need to do do I just say hey can you put me on the docket or do I need an email do you need me to email it or is this gonna be yes I'll put you on the docket next docket won't me until January because we usually don't do anything around Thanksgiving we don't do dur Christmas I feel kind of bad near Christmas Day telling you put the F on your property or put the lean on your property so um I think everything has been removed from the property okay so then I can stop I can stop the fines now yeah well yeah the the house was demolished oh shoot probably three I know I know last week when I was driving by you were still removing things from the property um no no no I think we were done La we were done last not this P last week but the week before on Friday it took 1230 yard dumpsters to remove everything from the property that's a lot of there's a lot of crap inside the structure and if you'll wait after this we'll go to my office and I'll tell you what you need to prepare and what you need to do for basically arbitration okay thank you Mr P uh we are no more cases we're hereby adjourned Josh if you got a minute I got a couple questions for you are we off