##VIDEO ID:lvqJlQRe3ZY## for we'll get started in a few minutes folks we got some technical issues going on all right here show worst case scenario if she's on that one if Chris can see the ID and take down the number and verify that it's her I can accept that as well there we go M can you hear me okay very good so are we live we ready to start all right good afternoon ladies and gentlemen this is uh the city of defc Springs magistrates court for code enforcement I am magistrate Renee Yule um for all those who have just come in the room please turn your phones down to vibrate uh so they don't disrupt the hearings and if we would please everyone stand for the pledge of allegiance to the of the United States of America and to the rep seated okay for those of you who've not been here before code enforcement officer Chris St represents the city of defunc Springs in these hearings uh he will present a case and in his case he will bring forth evidence in the form of testimony in the form of exhibits which you'll be able to see on the television screens and these will be introduced into the record once he is finished if you want to testify on your own behalf you're more than welcome to and present evidence on your behalf as well and once that is finished I will render a decision uh please make me aware of anything that you feel that is important and that I need to know uh we're will take as much time as we need uh also I will swear everyone in after I finish telling you what else is going to be going on uh the order um once I've issued my order you'll need to wait uh because we will go ahead and give you a hand copy of it today and then it will be filed with the clerk of court on the property if there is an order against your property um and it uh you would then have a certain period of time in which to correct the violations if there are any and once you've completed those violation completed those repairs you'll need to contract Mr Stone's office immediately so that he can come out and uh verify that the corrections were made to stop any fines from acre in most instances I do give a period of time for you to make Corrections and it's usually a substantial time this is not to punish you it's just to get the the property safe and in compliance with the city City's code of ordinances in the State of Florida and WT County uh anyone who's going to be testifying today or might testify please raise your right hand do you solemnly swear or affirm to tell the truth the whole truth and nothing but the truth in the uh case in which you will be testifying so help you gu yes ma'am all right I I not for the record that everyone's been sworn I know that we have a Zoom case uh someone appearing by Zoom so if you want to put that as the first one we can go ahead and get that one out of the way in which case is that that would be the um case number two of the non-compliance cas the estate of Dan okay and if you would call the hall just in case there might be someone else outside as well thank you and before we get Miss Williams is on that case okay Miss Williams if you could would you present your driver's license uh so that we can verify that you are who you say you are you'll have to put it closer and can you read it I can't read I can't see it from here there you go Williams license number is w452 just the last four is good okay 18 9 Z all right thank you very much Miss Williams I appreciate it and did you uh swear in while we were swearing everyone in the audience did you take the O okay very good um officer strong you can present your case you'll be able to present yours once he's finished non compliance hearing case number 2023 00106 violations chapter 14 section 14-2 new and hazardous orary conditions General requirements addresses at 192 dorsy Avenue partial number is 363 november19 1 9050 0000 0032 and the property owner is the estate of Marie Daniels exibit one shows that the property is inside the city limits and subject to the code of ordinances exhibit two was of the inspection on 418 of 2024 and inspection on today's date 9:19 2024 there's been no change of conditions the case was presented at the 418 2024 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 90 days which been 717 to 2024 or a daily fund of $75 will be assessed until brought into compliance 826 of 2024 C enforcement inspected the property and the property was not in comp liance prepared and sent a new notice of hearing certified mail and it was delivered prepared and posted the property in City Hall city clerk posted notice hearing at City Hall um 919 to 2024 the property is still not in compliance exhibit five is the affidavit non-compliance exhibit six is the notice of hearing exhibit seven is the notice of hearing tracking showing was delivered dates recommendations please find that this property is in not in compliance please find out the proper notice of the hearing was given to the respondant A F ured of $4,800 between 717 of 2024 and 919 of 2024 and should be assessed and continued at $75 per day until the property is brought into compliance that'll be end of my testimony I accept your testimony and to the record I accept your pres PowerPoint presentation as well Miss Williams if you will St your name for the record and your address I'm sorry you're cutting out could you repeat that for me please F Williams 1145 South Wallace Chicago Illinois 668 thank you and what would you like to present to the court today the initial notice that um was mentioned on April 18 I never received any notification of that the notification that I did receive was the last one for certified mail um I received it on September 11th and it were dated August 26 so what I have done is I have reached out to um three construction companies I've received one quote um I spoke with another instruction worker on yesterday he's going to email me another in order to have the homes for okay uh is the estate in Probate so you don't have a case filed in Probate on this on the house uh who is and what is your relation to miss Daniels that's my grandmother your grandmother and did she leave a will uh no she did not okay on the deed did she have a life estate on the deed transferring it to you or to any family members um it was transferred to her family member um the providing family members and I do have notification um certified as well as notorized where they told prop to me and I actually came down on January let me get it for you to file the papers to have a quick plan done and is there a is there a Life Estate Deed on it because if you have not done a u if you've not filed a probate then the property cannot transfer unless it was in a trust or in a Life Estate Deed I do know that there was not a okay okay they didn't mention that in the office they wouldn't they wouldn't necessarily know that and it's not necessarily their business as a court though I want to make sure you understand where you're standing um so you are requesting what um I'm actually requesting because I know there um was $ per day um f since April 14 I'm actually requesting that that could be wav and let have an opportunity to bring the property comp well you're a little premature on doing that uh we typically will not consider any kind of arbitration of the amount until the property has been brought into compliance so what I would suggest is continuing this case uh the fines will continue to acre until such Point as it's either been torn down or the repairs have been made and also once that's happened either way you'll need to contact the code enforcement office to let them know so that they can go out and inspect the property and then all the fines stop then come back uh to the court at that point in time uh but right now uh the I'm not I'm not sure that you have standing to request it because there's not been a probate I don't see any Life Estate Deed to anyone on the case so um I can't make a rule for someone who's not the legal owner of the property okay okay so my it's great that you've got the construction company ready to do the demolition I would suggest you go ahead and get that done then come back get stay in contact with Mr strong and until that time you know the the fines will continue to approve but we do have on record that you've requested and you've informed us that we're you're going to and he can also um if he sees a good faith effort he can stop the fines from ACR once your construction company starts their work and then we can address what is accured at another hearing at another time but I would suggest before you put any money into it that you seek the Council of an attorney a local attorney to uh or Florida attorney to make sure you have ownership rights okay I can do that all right is there anything else you wish to court tonight uh no okay thank you for appearing um and and I I appreciate your efforts on on behalf of your grandmother and I'm so sorry for your loss and if you would stay in contact with Mr stra and we're going to continue this until such time as you guys bring it back to me for consideration once the property has been brought in compliance and that way uh we can make it a clean clean slate one way or the other okay okay and thank you for the zo thank you so much and you have a wonderful day so what do I do with the zoom now goodbye okay you may call your next case thank you no's okay thank you for calling you may begin your case finding in a fact hearing case number 2024 000016 violations chapter 14 section 14-2 new citizens and hazardous condition General requirements address is US Highway 90 East partial number is 253 November 1 91 9070 00144 property owner is Robert Johnson Painting and Incorporated exhibit one shows that the property inside the city limits and subject to the code of ordinances where is that close to I it's between um Second Street and First Street okay thanks continue exhibit two inspection on 227 2024 zibit 3 in section 44 2024 zit four is 514 2024 zit five section of 624 2024 exhibit 6 in section 729 of 2024 exhibit 7 826 of 2024 and exibit 8 inspection on today's date 9:19 of 2024 they have removed the roof okay but have not replaced it yet February 27th of 2024 why insect C enforcement violations observed a violation at the property on US Highway 90 East I photographed the property I reviewed the Case Files confirmed there was not an ongoing case File I checked the Walton County property appraisers office website and it indicated that the property is in the city lims of dis Springs and it's owned by Robert Johnson Painting um Incorporated the following was reserve a structure that the roof has been ripped up and folded back onto to itself um February 28th of 2024 prepar and sent a warning notice to the property owner April the 4th of 2024 expected the property and the violation still observed May the 14th 2024 expect the property the violation is still still observed on May the 23rd 2024 prar and sent a notice violation certified mail return receipt to the property owner certified mail was 7021 2720 002 2887 2901 um on June the 4 of 2024 respected the property the violation was still observed on July 29th 2024 expected the property the violation was still observed on August the 2nd 2024 par and sent a notice of violation to the property owner August 26 2024 prepared and sent a notice of hearing certified mail the turn receipt to the property owner the city clerk posted the notice at City Hall and the property was posted by code enforcement certified mail with 7021 2720 00002 288730 76 on September the 19th 2024 the property on the date of the hearing the property shows Improvement but the roof by the roof being removed but still not into compliance exhibit 10 is a letter of violation exhibit 11 letter letter of violation certified maale exhibit 12 another letter of violation is 13's letter of violation for the tracking showing was um delivered exhibit 14 notice of hearing um exhibit 15 noce notice of um tracking for the um no hearing and it shows it um is still in out exhibit 16 please find the property of US Highway 90 East of Fan Springs Florida parcel number 253 November 1 19 1 9070 001 0440 is located within the miss the area of Def Springs of Walton County and is subject to the city of Def Springs code of ordinances please find that the violation of the city defix Springs code of ordinances chapter 14 section 14-2 on the property please find that the proper notice of the hearing was given to the respondent the respondent is to correct the violations within 90 days of the date of this order and that the respondent is further ordered to contact the city def Phenix Springs Code Enforcement office to arrange for a reinspection of the subject property to verify compliance with this order that if 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 the special magistrate assesses the F of $75 a day until the property is brought into compliance that'll be an end of my testimony thank you is there anyone here to speak on behalf of Robert Johnson uh painting hearing none um I will render my this my render my ruling um is this a property that it looks like there's no electricity into it it's just a shell it's just yes Ma and they've removed the roof which is a substantial Improvement but uh is also the grass is I notice the grass was kind of high is that part of the U viation as well they've been mowing then it Go keeps going up so they're they haven't maintained the grass just one of those pictures from Taken um mostly the the building itself ear okay and is that what's the history of that building do you know was it a store was it a house looks like it might have been a unit from one looks like a long time ago um Mr Hogan owned it one time and then he sold it to this gentleman um it's zon residential but since it was um being used as commercial it's grandfather Den along as he do not increase the footprint but he's more than welcome to demo it and build res there he okay very good uh and did you speak to the owners at all did they I've been talking to him on and off um one time he was going a demo and build a house and then he was going to try to do something commercially with it but when he understands he can't actually increase the footprint because of um Grand then does not allow that well also it hasn't had utilities either correct so he he can't make his mind of what he wants to do with okay very good and did he indicate that he was going to come today or just let it go he did the same okay very good um since there's no one here to uh testify on behalf of the property I do find that the case of uh city of defc Springs versus Robert Johnson Painting Incorporated uh has come before me after due notice to the respondant they've been properly notified the property is within the city limits of defunc Springs and I find that the mailing address of the owner is 3095 count County Highway 183 North defun Springs Florida 32433 and this property is described as US Highway 90 East if un Springs Walton County Florida partial ID number 253 north1 919 070 00144 the real property list above is located and existing within the city of defex Springs Walton County Florida respondant as the owner of the real property is responsible for maintaining the same in accordance with the code of ordinances of the city of defunc Springs Walton County and the State of Florida all required notices have been made in accordance with Florida statute chapter 162.5 and of county code conditions presently exist on the property in violation of city code section CH 14-14-2 nuisances hazardous or unsanitary conditions General requirement such conditions constituting a nuisance and a serious threat to public health safety welfare within the meaning of chapter 16206 sub chapter 4 Florida Statutes this has been a lawfully constituted code enforcement proceeding convened pursuant to chapter 162 part one Florida Statutes and chapter 18 of the city of defini ex sprs Land Development code and um the special magistrate has jurisdiction over the subject matter I find that the U respondent is to correct the after said violations on before 90 days of the date of this order or a fine of $75 per day will begin to acrw until it's brought into compliance I also uh Grant code enforcement the authority to extend the compliance dat on behalf of of myself upon a showing a good faith effort by the respondent so ordered I'll it yeah thank you and here's your B thank you you call the halls for the next case all have been called thank you you may proceed this is a compliance hearing case number 2023 00163 chapter 14 section 14-3 violations enumerated addresses at 152 Leon Street partial numbers 253 November 1 9 1 19070 00511 one1 the state of Robert H mcnight one shows that the properties inside the city limits subject to the code of ordinances exibit two the case presented at the 418 2024 Special M hearing where the property was found in violation is chapter 14 section 14-3 special manist required that the property brought into compliance in 60 days 617 of 2024 are daily fund of $50 a day would be assessed until brought into compliance 87 2024 the propert and the property is in compliance um 826 2024 prepared and sent a new notice of hearing certified mail um prepared and posted a notice hearing at property and city clerk posted a notice hearing at City Hall 919 2024 the property is still in compliance exhibit three is aav compliance exhibit four is a noce hearing um exhibit five is notice of hearing tracking was returned back to me please found this property is in compliance please find that the proper notice of hearing was given to the respondant A F of $2,550 has a cure between 617 to 2024 and 87 of 2024 the fine was paid on 912 24 and full leaving the balance at 0 that'll be end of my testimony very good is there anyone here on behalf of the estate of Robert H mcnight hearing none I will render my decision and I accept your testimony into the record and your exhibits in the previous um Affidavit of compliance in the previous order from the April 18th 2024 hearing this cause has come before me um for compliance which it originally appeared on April 18th 2024 after due notice to the parties at which time I heard testimony under oath received evidence and after being otherwise fully advised on the premises and ordered certain corrective action on Thursday September 19 2024 and after due notice to the respondent I find that the uh after having heard testimony under oath received evidence and heard argument uh hereby issues of finding a fact conclusion in law as follows respondent was required to take certain corrective action on before June 17th 2024 failing which a fine of $50 per day would begin to acre uh as specifically set forth in the findings OFA and conclusion of law in the previous order an Affidavit of compliance has been filed by The Code Enforcement office which affidavit uh certifies under oath that as of August 7th 2024 the required corrective action had been taken as ordered respondent has complied with the required corrective action date uh with the finding of fact conclusions of Law and Order um being heard on April 18th 2024 hereby ordered the respondant has complied on August 7th 2024 A F of $2,550 has accured between the final order date of June and June 17 2024 the corrective action date uh as of J as of uh Thursday September 12th the administrative violation of $550 has been paid leaving a balance of zero the above described property and all other real personal property owned by the respondent Pursuit it to fla chapter 162 is hereby released call your next case please the have been called thank you you may begin the case non compliance hearing case number 2023 0028 violations are chapter 14 section 14-3 violations enumerated chapter 18 section 1853 travor trailers mobile homes and manufacturer homes address is at 655 South um 2 Street parcel number is 253 November 1 19197 001 9385 property owner is estate of Rosita R Hall blunt one shows up the properties inside the city limits and subject to the code of ordinances exhibit two was with the inspection on 615 of 2023 section today's date 919 2024 the RV has removed but all the accumulated property is still there on the property okay presented the 65 2023 special Med hearing where the property was found in violation of chapter 14 section 14-2 um and the trailer the special magistrate required the property to be brought into compliance in 60 days which been 814 of 2023 or a daily fund of $75 will be assessed until brought into compliance 826 of 2024 special Master expect of the property and the vi violation was not in compliance um prepared and sent a new notice of hearing certified mail which was returned prepared and posted um the property and city clerk posted the notice hearing at City Hall 919 of 2024 the property is still not in compliance um liit five is the affid non-compliance the exhibit six no hearing which was returned back to us tracking exhibit 8 please find that the property is not in compliance please find that the proper notice the hearing was given to the respondent a f a cured of 3,125 between 814 of 2023 and 919 of 2024 and should be assessed and continued at $75 a day until the property is brought into compliance that'll be the end of my testimony very good is there anyone here to testify on the be on behalf of the estate of uh Rosetta oral blunt anyone at all hearing none I'll render my decision I do find that this um this case of the city of the VC Springs versus the estate of Rosetta or Hall blunt has come before me um and the property in question is located within the city limits of thex Springs County Walton County Florida and on a hearing commenced um in June 15 2023 and after due notice to all parties at which time the special magistrate heard testimony under oath received evidence and otherwise being fully fully advised in the premises and ordering certain corrective action on Thursday September 19th 2024 after due notice to the respondent the special magistrate having heard additional testimony under oath received evidence and heard argument hereby issues as finding a fact conclusion of Law and Orders as followed the respondent was required to take corrective action onor before Monday August 14th 2023 failing which a fine of 70 $75 a day would begin to AC crew as specifically set forth in the finding of facts conclusion of Law and in in order in the original order um an Affidavit of non-compliance has been filed by the code enforcement officer stra which affidavit certifies under oath that as a Munday August 14 2023 the required action had not been taken as ordered respondent has not complied onor before required action take action date within the finding of facts conclusion of Law and Order having been heard on June 15 202 three it's hereby ordered that the respondent pay the city of the petitioner city of defc Springs Florida a fine in the amount of $3,125 for the fine proven here in above and which shall continue in the amount of $75 per day for each and every day that the violation exists on the above described property and that the respondent is further ordered to contact the city of Def expr Cate Enforcement office for to arrange for a reinspection of the subject property to verify compliance with this order in order to stop the fines from acre a certified copy of this order order may be recorded and once recorded shall constitute a lean against the above described property and all other real property and personal property owned by the respondent pursuant to Florida Statutes chapter 162 so done and ordered today's [Music] dat may bring you next case the um next case is actually going to be case number 2020 000000 68 which is going to be arbitration for the physical property of 32 South 21st Street um the owners are going to be um Robin um padet he's here along with his sister Lisa Elum and they're going to um they'll present make their request okay because this is an arbitration you will Mr strong won't be presenting a case you'll present your case to me as to what your request is so whoever wants to speak first if you'll come to the podium speak your name and your address into the microphone for the record please yes ma'am I'm not uh good at public speaking so please uh pardon me and um okay I know this all started back in 2021 I'm actually not the owner of the trailer park it was quick CL Beed back in October 17th of 23 um but I I'm sure I was U of notified by Mr stra but I was not aware of the $200 a day fine because I took the the letters that he sent me and I gave them to Mr Tech Mrs Tech they're the owners okay of the tril park they they actually bought the trailer par for my dad 20 years ago it's taking him this long to pay for it and how what is their how do you spell their last name te c okay it's Emanuel and Amy Amy's name's on the deed but they are they are ex-husband and wife but they live in the same area and um I told Mr Tech to take care of this take it up there it's serious when it's code enforcement because they're going to shut you down okay he told me he did and apparently he has not and um the last week I've been trying to get a to Mr Tech and Mrs Tech I go by there I've talked to their children a time or two and I've left my number ask them to call me very important so we could talk about this and they could be here today and um I'm just proposing that I I I have no way of paying $250,000 and and but I would be willing to pay a percentage to you if I can take the lean off my house and sell it which is October 15th that's at mine and my sister's house and I will be willing to pay 10% of the cost which will be $25,000 and uh if if need be a a payment every month okay let me ask you a question real quick um you said that the Amy um Amy Tech is the owner ma'am then is did you owner finance did you do D see I never had a contract with them this contract was drawn up back in 2000 okay and they my dad yes ma'am so um but the property is in your name yes ma'am my mother quit when she got sick she quit claimed needed the property to me so I could try to get four and a half years of payment that he had not made okay back okay so how did they do did they go through an attorney to do this did they have paperwork no ma'am it was just a quick cling D you at the courthouse no I'm I'm talking about the mortgage on the house for the for the tax oh probated probated um that still doesn't answer my question oh I'm sorry uh you were here because the property was in your name at the time of the violation when I heard yes ma'am when it started it was so is it now not in your name no ma'am it's not in my name it hasn't been since October 17th of last year okay uh but it still goes under Florida statute the fines that have accured go against any property you own in the State of Florida yes ma'am whether it be property personal property your cars um and that sort of thing so basically the um the F the the the city uh I'm going to have to defer to the manager and let him testify as to what his his position is on that is there anything else you need me to know um well you can speak again after he speaks as well so this it this isn't a do or die right now I just want you to know that I'm I I was uh two months ago I was given six months so 18 months I have stage four colon cancer I know that has nothing to do with anything but I I'm trying to resolve this so we can move on with our life and yes sir if we lose the house we we we're going to be in the like in the uh we're GNA be homeless now what house are you talking about losing my home on 21st Street I'm out on uh Shoemaker Drive 327 Shoemaker drive it was my mother's house and we probated and and we have the buyer here we have a contract to sell and close on October 15th and I would be more than happy to pay a substantial fine okay if that if that would help things out she's half own her she yeah and that and who is she that's my sister Lisa pad Lisa Lisa Elum I'm sorry okay missen would you like to speak before um we turn it over to the city okay you want um just say that I have nothing to do with this trailer park deal and it was uh my mom left it to me and him equal and I just learned of this like three weeks ago of all this going on so I don't see how it would affect me um I'm not sure the order is on Mr pageant as the owner of the trailer park property so it's his interest in any real property or personal property in within the state that can be attached and there's a apparently there is a lean on the property in Shoemaker iter so it's his half that would be uh that would be attached for a fine so um and do y'all have a contract for saleing how much is a contract for two the 250 the SI the amount of the fine okay anything else You' need me to know I don't think so at this moment we're just a little bit rattled but I understand thank you that's a lot of money for anybody um Mr Townson on behalf of the city what are your what are your uh what's your position um so we've talked about it we went over it I don't know we we could talk about it further but um this has nothing to do with the people who live in the trailer park that's where they live at but the trailer park itself has been nice s on the city for a long time it has been bled it should have been addressed years ago um this F has been accruing for years and so um the is willing to work um with with y'all especially Miss who has who doesn't have a a stake in the tril park but um reducing it down substantially I don't think is a position the city at this time okay what amount would you be comfortable with considering um starting out because the fine is 240 and it is a 50% stake in the the home which they own um starting out to see C wants to go after the half of the proceed to the sale okay so you're want out of a 250 now what is the net um Can somebody testify as to what the net is anybody famili with the HUD statement okay and that's uh after Real Estate Commission all right so half would be 120 117 117,000 okay and what title company handling that closing Mitchell okay with 117 or half the proceeds the net proceeds satisfy the city would the city be willing to uh negotiate for that amount we would okay we believe that would be um because of the fine that's been acred and the blight that's been on the property for years uh we feel that would be fair to miss elim um because she doesn't have an issue with that property um and so that's that's where we stand okay um any testimony from yes sir I had something yes sir come come up to the stand the property was quick claim deed back to uh to Mr Tech on um October 17th of last year wouldn't that uh fine back up to that um no it it still runs on your property until it's paid but it could it would go we would be able to go back against her on any proper but the the fine is against you personally but when I sold it I I didn't get rid of the fine no sir the fine still accre I never had a contract for this property with anyone yeah um that's one of the one of the risk of ownerships is if there is code violations or safety concerns the owner the owner of the property whether he's he or she is at fault for the damage is liable for it because it's your property I I didn't know I was gonna have to hold his hand to bring him through this and that's was my mistake and uh yeah thank you for your time and uh you're quite welcome and I am I'm so sorry about your diagnosis and what you're going through well I'm going to be homeless so it's all good yes sir if you'll come to the podium and and state your name for the record please if you could say it into the microphone for the record Max L elim Jr okay uh what Mr P is trying to say is we got a quick Copy of Quick Claim Deed here okay in the last year he has not been if you'll hand it to the officer I'll take it in okay thank you he has not been a legal owner for almost last year and I understand that Mr padet was a previous owner but uh I have a question why is everybody else's property acre at75 and $50 of well it depends on it depends upon the extent of the damage and the risk to life and limb and and the blight on the property as Mr Townson had stated this property has been in really bad condition for a very very long time also there's multiple structures on there so it's not the ones that we've been dealing with so far have been single structures this is multiple structures so at the time there was approximately eight trailers yes that were violation so basically it was $25 portrayer I'm I'm with you there okay but if you take the year that Mr padic wasn't on in the property and also consideration that Mr Tech was buying it and after we settled and the city satisfied and we come to an agreement y'all can take the findes up with Mr Tech on that piece of property and acquire money would y'all be interested would he consider that because then the excuse me will fall back on Mr Tech part of them that's not quite how it works the legal owner at the time now once they've assumed then yes the city can possibly come back against them for the 75 but Mr pageant is ultimately responsible for all of it because of it being it carries with him until it's paid I understand okay so the SE it would be SE approximately $73,000 if you deducted the past year off and that that's still but the the problem that we have is that once you uh We've accepted a reduced amount then it's I can't order anything on the text because they're not here before us they also have not been notified so procedurally I can't issue anything against them so we would have to start over with them to make them personally liable and he would have to bring a new case against them so the just one second so the entire even if we reduced U by the 73,000 and took half of that that's still um what's that that's um say half of what half of 250 take 75,000 off of 250 or 73 off of 250 and then divide that it basically would be the only way to I could see to do that but still the city would be losing those fines during that year because the Tex had not been brought before us the city doesn't have the responsibility to determine who the owner is the owner has you guys had the responsibility to come to us because it was your property so um what do you how do you feel about doing any kind of reduction because of the last year um present your C from the legal side that's how you reduce it I I offer a second option if that's meable um I do understand that you don't own the property quick claimed it I get I understand that um I think the city may be willing to reduce our our lean on from the 117 if we could get a quick claim from the text I understand that's not your responsibility because you don't own it but from the city's perspective it's either we've got to collect the FES on which property has ACR over time or we need to find a way to get the property our possession exactly so those are the one of two options that I that I offer I understand I can't hold you to getting that other those other individuals yeah and I I understand wouldn't Mr Tech be acing the $200 a day from that point when he the time no not until we bring him uh him personally he and miss and Amy before us they don't have the per it is on their proper they go to try to sell it it goes against the property itself it doesn't go against them personally because they were not notified they've not been ordered to pay it still acrs against Mr pageant until such time as the property's been brought into compliance and any other property he owns in this owns will or personal he he doesn't own it but it's still his responsibility even that's just the way the code is or the code uh is written if um I did the math on it the half of minus the from 250 minus the 73 and then half of that would be 80 88,500 if you took out the if you took out the 73 now the city would be forgiving basically a year of fines and that would be to the benefit of the tax um and then I would strongly encourage you know that case to be brought forward swiftly because that that place is a attractive nuisance for children it's a d one of the reasons why on stuff like this it's so important to get it taken care of is because of the danger to children who may go in there and play fall through nobody ever find it's like a that's the reason why it's criminal to have a open um a refrigerator a washer out in your yard without it being sealed up or the doors taken off because a child could get in there and suffocate quickly so those are public safety concerns um for the city that the city has the ultimate responsibility for basically you lower the fin to whatever amount it is you pay it off start at zero yeah from that time and so basically but it still adds up on me no stoping right so let's say he lowers to 100,000 so use that number he lowers to 100,000 and we say basically has to be paid by whatever the closing date is 15 so it can be paid on the 16 so basically paid on that day balances balances everything out it's it's done over now that same property starts securing at $200 a day again but with a zero balance but not on me not on you right as long as you don't own any other property I don't I don't okay so once we've settled with you you're finished with the property so long as your name is not and your other property is released as well Mr attorney please take we we just really would like to resolve this matter we we have Mr William like I said closing date coming up he needs a clear deed to the to the property on Shoemaker and You Know It uh it'll be uh and you won't even have to write the check Le uh Mitchell tile will will transfer it to us yes sir yes ma'am thank you you're quite welcome Mr so if we lower the fines it's not going to benefit him it's going to benefit the tech yes ma'am unfortunately that's well I don't want to lower the fines then well but that's gonna affect also allows you to get your the problem the problem if you don't if we don't settle it and you do close on the um on the 15 then automatically any money that he's to receive would come to the city by by all these years this man this man and this woman are responsible for all these code violations yeah he didn't go check on it but he a had a driver's license in 20 years or vehicle you know and I just don't see how they're going to get away Scott free well we it it there's there's problems There's issues with the law where the city can't read someone's mind all we know is what's on paper when he goes to look in the Property Appraiser's office to find out who the owner of a property is he has to go by that record and by law you're required to notify them of updates of of ownership and that sort of thing um it sounds like what probably happened is your parents did a handshake deal with them and they retained ownership of the property which mean they could have kicked them out at any time but they took the risk of any damages if somebody slipped and fall on the property if somebody had been injured in any way your parents and you would have been [Music] respons yes sir um went down the last 20 years since my dad died yes sir um so we don't the the city does not have it doesn't have the responsibility of making sure the public knows who the owner is okay you guys do if we can find them and we can make them agree to quck play it back to him so we can can it to yall that would eliminate it all that would you take possession of the trail dep and it's up to would are you stating that um Let me clarify with Mr Townson want make is it your position that if they de the property back that would take care of the entire fine or just a portion of the fine a portion we we could we can negotiate a reduce portion if the city could get possession of the property okay our next hearing is it before the 15th of October I don't have the date oober October the 17th it's GNA be two days later um what what day is your 15th so we kind of got a little quandry going on timing wise on the closing we don't want to delay your closing because of all the parameters plus if you guys have got financing then it could change your financing position as well um let me think about it just a minute the you've got 250 in fins you've got a 73,000 that really and true well really and truly the the Tex owed but legally you're responsible for the what's the value on the property right now umer uh yeah just one moment you can come forward and introduce yourself if you don't minding that the property's value at $62,000 33 that's the just value yes so it's GNA be worth a little bit more than that on the open market if you'll state your name for the record and your address please Heather Williamson 94 Marina Cove Drive nville Florida yes ma'am sorry I'm very nervous quite all right um this has been a very emotional situation for us because the contract that we have on 327 Shoemaker was contingent on us selling our home at 94 Marina Cove Drive we have sold our home and our closing date is actually the 24th of September so we also will be homeless um I know that there is an issue with um the next meeting for next month by our closing date being on the 15th and your meeting being on the 17th but if we could please get a a ruling sooner rather than later um so my family's not oneless as well well it's not going to affect your family uh because the if even if we don't come to an agreement today uh Mitchell L entitled when they do the closing because of the lean will take the one half of the proceeds out of Mr uh Mr Paget's half and forward to the city regardless of so we'll still be okay to close Okay close this should not affect you okay uh you and your husband but it it does affect them okay um and we would the city would rather get the property into compliance and we certainly hope that you're going to enjoy your your uh residence here in defunc it's a beautiful city so uh Mr strong do you have anything else to add do you have anything else Miss weees no ma'am I just thought it was important that you knew that our contract was um contingent on the cell I appreciate that thank you so much okay no Kobe any ideas can we recess for a minute we certainly can I'll let the two of you go and talk and we're going to go into recess for uh 10 minutes thank you okay oh and understand there's microphones uh so all conversations picked up by the for the just so you know all the the microphones pick up every all conversation within here so yes uh not while they're not out of the room but if you could wait till they till we come back into court for excuse me you to ask re appreciate e for for for water mhm my certainly me e for e h for r e for e to for are you ready to proceed y okay court is back in session the time is now uh 3 310 okay Mr I have a couple I have two questions you on m u Mr P I have two questions if you on M uh Chris what um what year m p did you take ownership of the property uh I don't remember exactly but it's between four about four and a half years ago okay um do the tenants there pay rent uh yes sir okay who's been collecting the rent oh Manuel I've never collected any rent never off any of these no sir my my dad collected rent till he died he sold them about a year before he died but I've never collected any rent there okay I'm curious I'm curious why the property owner wouldn't collect the rent for tenants on his property because man uel had been paying for the property for 20 years for since 2000 I think it was 200 maybe one maybe two I'm not exactly sure they had a contract and uh he had been they the prop my dad turned the property over to him you know so he was collecting rent I I didn't I I my mom owned the property and Manuel was paying my mother and the only reason she quit claim Beed it to me I know this doesn't mean anything about this case but I'm just telling you the story um is is he quit paying rent he quit paying his payments for four and a half years and I went because I could have took the trailer park back and I'd have had that crap cleared off of there but I didn't I I gave him a chance to pay for it and and it and he finally did PID the last few thousand dollar on it and um I just did that because my mom couldn't he wouldn't pay come pay my mom so I went and I Ted got of thing and put it on everybody's door and all that and I was ready to take the trailer park back but I didn't I gave him a chance and uh this is what I get for it yeah but it's my own stupidity I should have held his hand through the whole deal and I I didn't realize I needed to okay um Mich it seems it seems you seem amable to getting rid of the one year is that I I am I am amenable to listening to arguments from both sides on that I haven't reached a decision yet yeah the the the issue I see in this whole this whole scenario is that um your father did a hand basically a handshake deal your mother that you took it over you not knowing the law yes ma' that's where it's always good to you know if you're a property owner it's always good to have an attorney believe me I know that that's money well spent as you now see yes ma'am um but the court can't take that into consideration but I can take it in consideration um the total totality of the circumstances so from uh the standpoint of the 73,000 it was in the in the text name however we have no way of enforcing it against them unless they turn over the property to us yes ma'am U but they would need to understand and unless they bring it into compliance then they're going to have the same issue and possibly because the property would be in a a recidivous property ie that there's been a case against it now there's a secondary case against the fines are going to be could be substantially more yes ma'am and it would go on any property they have in the state of prop in the State of Florida actually in any state yes ma'am so if they own other properties it would benefit them to get this thing settled I understand that but they won my calls that can and I can never catch doesn't help you any yes I've been over there three times this week yes so with that um Chris what is the existing fan what's the fan total F today's date is $249,800 so removing the 73,000 which is the one year is worth of $200 a day would then bring the total of 176 800 right and if you half that that'd be 8 84 so um at this moment I think the city will be willing to do that to go to 884 um and if that's one option one option two is if I understand he can't be reached and I understand it's not responsibility but I'd like to offer you the option of it um if the the property owner could would come and deed that City deed that property to the city um before the closing then we will be more than willing to negotiate again further down um down how much further down would it be worth um at least a half if not more than that a half well I'll work on it then we want to and that's the reason for I think we she says it all the time this isn't a penalty but we do have a responsibility here and we want to incentivize you to do it and I'm I'm willing as representative of the council to do that um but I also have responsibility to the C yes sir understand those are my two options understand that and and I appreciate the uh the the option and and uh I tell you what I'll do I'll get on it and I'll try to get that done but I'm going to be honest with you I don't think they'll go for it but we GNA settle with the 88 otherwise I'll be happy with that and I would impress upon when you talk to them and this is what you said they need to understand like she just said as soon as this settled they begin and it could be substantially more per day so it'll crew a lot faster and we're not going to stop that's why I've been trying to talk to him because I know this I understand that but but he doesn't care y'all are going to end up taking it anyway all all right all right so what uh what I'm inclined to do is to go with the city's uh the city settlement offer of 884 subject to if the Tex uh deed over the property to the city then you have the authority I'll give Mr Townson the authority to negotiate uh to at least half yes ma'am of of that amount before the closing four will get me out from under this that get you out from under it completely and that will you know give you additional money leave you that leave me a little money yes leave you a little money now I'm I appreciate that I appreciate that a lot and and I I'm so sorry you're in this position and yes ma'am just I'm just a dumb old country boy I'm a high school graduate and I should have I should have talked to a lawyer yeah I understand and um you know today's society we think we can Google everything but it's like medical it's like web and D it's not always right well see my mom and dad are they're old school and yeah they did things on their own you know yes sir well the but I I appreciate your time and I appreciate your judgment and uh I appreciate that sounds good to me I'm satisfied with that all right then I will issue my order and if you'll stay a few minutes I'll give you a copy of it I don't have a copy for this I wasn't sure exactly what side and I had to say I'd rather wait till almost till closing date so that we only do the paperwork once and then it's recorded So that way that's fine I know it's recorded I'm fine we waiting for a copy yeah there's a ver then I I'll issue a verbal order now and then we can we can uh put that to paper once you guys have come to your decision and I'm a they know I'm available at any time to sign sign off on the order so that your closing won't be U won't be changed or affected and missum yours won't either if that's satisfied that satisfies the court and again we're not here to punish but in this this was such an egregious case um that it and if it does come back before us if it it is you know that there does the recidivism on the property is there yes ma'am I understand that responsible for and that's why I'm trying to talk to the man to let him know him and his wife but they refused for some reason they refused to call me back I don't understand but I will try to talk to them because I would love to cut that in half yes sir all right and thank you very much thank you just whenever you do get to that that point please reach out to Chris I'll move my I'll move my schedule we'll make an appointment soon as possible thank you very much right I've accepted all the testimony into the record from both sides of the parties and the negotiations I'm issuing a verbal order of the fin is is to be reduced on the lean to $88,500 for the closing of the Shoemaker property which is half owned by Mr pageant I also authorize uh Toby Council on be behalf of the Court to negotiate further down uh in his discretion regarding the um aded and L of the property from the text or any other circumstances that you deem warrantable uh to the to to bring the lean down it it's I'm basically putting it on it's on you to to see if the text will do this I will do my best but U be assured that I know the uh that this is a a very um important issue with the city and with code enforcement so they will be following up with the text so there will be uh consequences for them I'm sure I understand I I just should have been more hands on and so make sure Mr ston has a good number for you and and for you too Miss Miss elim just in case you can't in case you're in treatment or something he can call miss you give Mr strong permission to talk to your sister as well okay very good then we are this case is adjourned and I do appreciate you showing up and taking the time to come and tell me your story We app appreciate your appreciate your judment yes sir yes ma'am thank you our pleasure all right do we have any more cases come all right we are adjourned yes well the oh here you can have